HomeMy WebLinkAboutItem 07 - Minutes from the Special Closed Session and Regular Meeting of January 17, 2023DRAFT Minutes of the Special Closed Session
and Regular Meeting of the City Council
City of Santa Ana, California
January 17, 2023
CLOSED SESSION MEETING — 4:30 P.M.
CALL TO ORDER
ATTENDANCE
REGULAR OPEN MEETING — 5:45 P.M.
(Immediately following the
Closed Session Meeting)
CITY COUNCIL CHAMBER
22 Civic Center Plaza, Santa Ana, CA 92701
SPECIAL CLOSED SESSION
Council Members Phil Bacerra
Johnathan Ryan Hernandez
David Penaloza
Thai Viet Phan
Benjamin Vazquez
Mayor Pro Tern Jessie Lopez
Mayor Valerie Amezcua
City Manager Kristine Ridge
City Attorney Sonia R. Carvalho
Acting City Clerk Norma Orozco
MINUTES: Mayor Amezcua called the Special Closed Session meeting to order at 4:39
P.M.
CITY COUNCIL 1 January 17, 2023
Mayor Amezcua announced that Closed Session Item No. 5 was continued to the
February 7, 2023 meeting.
ROLL CALL
MINUTES: Acting City Clerk Norma Orozco conducted Roll Call. Councilmembers
Penaloza and Vasquez and Mayor Pro Tem Lopez were present in person. Mayor
Amezcua and Councilmember Hernandez attended via teleconference. Councilmembers
Bacerra and Phan joined the meeting in person 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 items.
MINUTES: Mayor Amezcua recessed to consider the Closed Session items at 4:41
P.M.
CLOSED SESSION ITEMS — The Brown Act permits legislative bodies to discuss certain
matters without members of the public present. The City Council finds, based on advice
from the City Attorney, that discussion in open session of the following matters will prejudice
the position of the City in existing and anticipated litigation:
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION pursuant to
Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code:
A. Derek Bercher v. City of Santa Ana, Matthew Sorenson, Orange County Superior
Court, Case No. 30-2021-01212102
2. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section
54957.6(a):
Agency Negotiators: Human Resources Executive Director, Jason Motsick
Employee Organizations:
• Santa Ana Police Officers Association (POA)
• Service Employees' International Union (SEIU) Full -Time
• Employees Confidential Association of Santa Ana (CASA)
• Santa Ana Management Association (SAMA)
3. PUBLIC EMPLOYEE EMPLOYMENT/APPOINTMENT pursuant to Government Code
54957
Title: Clerk of the Council
CITY COUNCIL 2 January 17, 2023
0
5
2
CONFERENCE WITH LABOR NEGOTIATOR -Government Code Section 54957.6
Unrepresented employee: (Clerk of the Council)
THREAT TO PUBLIC SERVICES OR FACILITIES pursuant to subdivision (a) of
Section 54957 of the Government Code:
Consultation with Santa Ana Police Department, Chief David Valentin
Closed Session Item No. 5 continued to February 7, 2023.
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 REGULAR OPEN SESSION
CALL TO ORDER
MINUTES: Mayor Amezcua reconvened the City Council at 7:12 P.M.
ROLL CALL
MINUTES: Councilmembers Bacerra, Penaloza, Phan, and Vasquez and Mayor Pro
Tem Lopez were present in person. Mayor Amezcua and Councilmember Hernandez
attended via teleconference.
PLEDGE OF ALLEGIANCE Councilmember Penaloza
WORDS OF INSPIRATION Pastor Maribel Toan
CEREMONIAL PRESENTATIONS
Certificate of Recognition presented by Mayor Pro Tern Lopez to Rachael Cianfrani for
Outstanding Contributions to the Community.
MINUTES: Item 1 was continued to a future meeting, date to be determined.
Proclamation presented by Councilmember Phan declaring January 22, 2023 as Tet /
Lunar New Year.
CLOSED SESSION REPORT — The City Attorney will report on any action(s) from
Closed Session.
CITY COUNCIL
3
January 17, 2023
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 non -agenda items, except for public hearings.
Comments for public hearings will take place after the hearing is opened.
MINUTES: Melissa Shepard spoke regarding Immigrant Defenders Law Center.
Jose Luis Sandoval spoke on restaurants and food trucks being affected by taco stands
without permits.
Daniel Perez spoke on laws that small businesses have to follow and on small
businesses being affected by taco stands on the sidewalks.
Roberto Guzman spoke on the limitations the authorities have when dealing with
vendors without permits due to laws set in place by the State of California.
Alex Rivera spoke on problems with street vendors and taco stands.
Araceli Gonzalez spoke on woman -owned businesses closing and asked for help and
support.
Juan Gonzalez, SoCal Gas Public Affairs Manager, spoke about past and upcoming
expensive gas bills due to historically high national gas prices in the western United
States, ways to reduce gas use, and on resources offered by SoCal Gas for income -
qualified residents or residents having issues with their gas bill.
Bulmaro Vicente spoke on Item Nos. 29 and 24 and also spoke of changes they would
like to see with the Police Oversight Commission.
Maria Garcia spoke on having to close their business due to street vendors.
Miriam Rojas spoke on time spent in a detention center and the psychological effects it
has had.
Ana Ramirez spoke in support of the renewal of the Universal Representation Program.
Mua Trejo spoke in support of expanding and renewing legal service contracts for the
community.
Laura Hernandez spoke in support of renewing the Immigrant Defenders contract.
CITY COUNCIL 4 January 17, 2023
Acting City Clerk Norma Orozco reported out the summary of email comments received:
Three (3) comments regarding Item 24, Five (5) comments regarding Item 29, and Two
(2) non -agenda comments.
CONSENT CALENDAR
RECOMMENDED ACTION: Approve staff recommendations on the
following Consent Calendar Items: 3 through 28.
MINUTES: Councilmember Bacerra pulled Item Nos. 10 and 13, Councilmember Phan
pulled Item No. 24, and Mayor Amezcua pulled Item No. 5 for separate discussion and
consideration.
Moved by Councilmember Penaloza, seconded by Councilmember Bacerra
to approve Consent Calendar Item Nos. 3 through 28 with the exception of
Item Nos. 5, 10, 13, and 24.
YES: 7 — Councilmember Bacerra, — Councilmember Hernandez, —
Councilmember Penaloza, — Councilmember Phan, — Councilmember Vazquez, —
Mayor Pro Tern Lopez, — Mayor Amezcua
NO: 0
ABSTAIN: 0
ABSENT:0
Status: 7-0-0-0 — Pass
3. Excused Absences
Department(s): Clerk of the Council
Recommended Action: Excuse the absent members.
4. Adopt Ordinance No. NS-3036 —AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 2022-01 AMENDING
THE ZONING MAP FOR THE PROPERTY LOCATED AT 1700, 1720, AND 1740 EAST
GARRY AVENUE (APN 430-171-07) FROM PROFESSIONAL (P) TO LIGHT INDUSTRIAL
(M1)
First reading at the December 20, 2022 City Council meeting and approved by a vote of
5-0-1-1 (Phan abstain and Lopez absent).
Published in the Orange County Reporter on January 6, 2023.
Department(s): Planning and Building Agency
Recommended Action: Place ordinance on second reading and adopt.
CITY COUNCIL 5 January 17, 2023
MINUTES: Item 4 was reconsidered after consideration of Item 24.
Councilmember Phan recused herself from Item No. 4, as the listed party is a client of her
employer, Rutan & Tucker.
Moved by Councilmember Penaloza, seconded by Mayor Amezcua to
reconsider Item No. 4.
YES: 6 — Councilmember Bacerra, — Councilmember Hernandez, —
Councilmember Penaloza, — Councilmember Vazquez, — Mayor Pro Tern Lopez, —
Mayor Amezcua
NO: 0
ABSTAIN: 1 — Councilmember Phan
ABSENT:0
Status: 6-0— 1 —0— Pass
Moved by Councilmember Penaloza, seconded by Councilmember Bacerra
to adopt Item No. 4.
YES: 6 — Councilmember Bacerra, — Councilmember Hernandez, —
Councilmember Penaloza, — Councilmember Vazquez, — Mayor Pro Tern Lopez, —
Mayor Amezcua
NO: 0
ABSTAIN: 1 — Councilmember Phan
ABSENT:0
Status: 6-0— 1 —0— Pass
5. Appoint Various Boards and Commissions Members Nominated by Mayor Amezcua as the
Mayoral Representatives for a Full Term Expiring December 10, 2024
Department(s): Clerk of the Council
Recommended Action: Appoint.
1. Dr. Susie Lopez -Guerra - Arts and Culture Commission
2. Selica Diaz - Parks, Recreation and Community Services Commission
3. Ana Laura Padilla — Community Development Commission
4. Mario Alvarado — Environmental and Transportation Advisory Commission
5. Irma Jauregui — Historic Resources Commission
6. Ernie Gomez — Personnel Board
7. Chris Leo — Planning Commission
8. Timothy Johnson — Santa Ana 2018 Measure X Citizens' Oversight Committee
9. Caylin Vidaurri — Youth Commission
CITY COUNCIL 6 January 17, 2023
MINUTES: Mayor Amezcua requested the removal of Youth Commission nominee
Caylin Vidaurri as she is no longer a high school student.
Moved by Councilmember Penaloza, seconded by Councilmember Bacerra
to Appoint Mayor Amezcua's nominees, with the exception of the withdrawn
Youth Commission nominee.
YES: 7 — Councilmember Bacerra, — Councilmember Hernandez, —
Councilmember Penaloza, — Councilmember Phan, — Councilmember Vazquez, —
Mayor Pro Tern Lopez, — Mayor Amezcua
NO: 0
ABSTAIN: 0
ABSENT:0
Status: 7-0-0-0 — Pass
MINUTES: Mayor Amezcua reported the oaths of office would be administered on
February 7, 2023.
6. Housing Successor Annual Report for FY 2021-22 —Low and Moderate Income Housing
Asset Fund
Department(s): Community Development Agency
Recommended Action: Receive and file.
7. Authorize Exchange of Storm Drain Easements within 1202 West Edinger Avenue
(Applicants and Owners: Mater Dei High School)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute quitclaim deeds
relinquishing the City's interest in drainage easements at 1202 West Edinger Avenue, in
exchange for replacement storm drain easement.
8. Award a Purchase Order to VMI, Inc. in the Amount of $61,319 for Audio Video Equipment
for the Council Chamber, Playback Room and Control Room (Specification No. 22-162)
(General Fund)
Department(s): City Manager Office
Recommended Action: Authorize a one-time purchase and payment of purchase order to
VMI, Inc. for the purchase of audio video equipment, in the amount of $61,319, subject to
non -substantive changes approved by the City Manager and City Attorney.
CITY COUNCIL 7 January 17, 2023
9. Award a Purchase Order to RDO Equipment Co. in the Amount of $201,757 for One
Vermeer Wood Chipper and One Vermeer Stump Grinder for the Public Works
Maintenance Services — Tree Section (Specification No. 22-171) (Non -General Fund)
Department(s): Public Works Agency
Recommended Action: Authorize a one-time purchase and payment of purchase order
to RDO Equipment Co. for the purchase of a Vermeer wood chipper and a Vermeer stump
grinder, in the amount of $191,757, plus a contingency of $10,000, for a total amount not to
exceed $201,757, subject to non -substantive changes approved by the City Manager and
City Attorney.
10. Award a Purchase Order to Long Beach BMW Motorcycles in the Amount of $185,639 for
Six BMW RT-P Motorcycles (Specification No. 22-137) (Non -General Fund)
Department(s): Public Works Agency
Recommended Action: Authorize a one-time purchase and payment of purchase order to
Long Beach BMW Motorcycles for six (6) BMW RT-P motorcycles, in the amount of
$180,639, plus a contingency of $5,000, for a total amount not to exceed $185,639, subject
to non -substantive changes approved by the City Manager and City Attorney.
MINUTES: Councilmember Bacerra inquired about the use of Crevier BMW located in Santa
Ana as opposed to a dealership in the City of Long Beach, to which City Manager Kristine
Ridge explained that Crevier BMW does not provide motorcycles. Councilmember Bacerra
requested staff proactively contact local businesses.
Councilmember Penaloza requested staff identify how many prospective bidders were
contacted and the number of responsive bidders.
Moved by Councilmember Bacerra, seconded by Councilmember Penaloza
to Approve Item No. 10.
YES: 7 — Councilmember Bacerra, — Councilmember Hernandez, —
Councilmember Penaloza, — Councilmember Phan, — Councilmember Vazquez, —
Mayor Pro Tern Lopez, — Mayor Amezcua
NO: 0
ABSTAIN: 0
ABSENT:0
Status: 7-0-0-0 — Pass
11. Award Contracts to Dooley Enterprises, Inc. and Miwall Corporation for Training and Duty
Ammunition in the Annual Aggregate Amount of $105,000 (Specification No. 22-153)
(General Fund)
Department(s): Police Department
CITY COUNCIL 8 January 17, 2023
Recommended Action: Award blanket purchase order contracts to Dooley Enterprises,
Inc. and Miwall Corporation for training and duty ammunition for a one-year period
beginning February 1, 2023 and expiring January 31, 2024, with provisions for two,
one-year renewal options exercisable by the City Manager, in an annual aggregate amount
not to exceed $105,000, 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 King Street Urban Greening Project (Project No. 23-6625) (Non -General Fund)
Department(s): Public Works Agency
Recommended Action: 1. Approve an appropriation adjustment to recognize
$1,491,240 in Clean California Local Grant Program funding from the California
Department of Transportation (Caltrans) into the PWA 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 2022-23 Capital Improvement Project to
include $1,491,240 of funding from the Caltrans Clean California Local Grant Program for
the King Street Urban Greening Project.
MINUTES: Councilmember Hernandez expressed his appreciation that the Public Works
Agency was moving forward with this project.
13. Approve Appropriation Adjustment to Recognize Grant Revenue from State of
California Resources Recycling & Recovery for Senate Bill 1383 Local Assistance
Grant in an Amount not to Exceed $435,450
Department(s): Public Works Agency
Recommended Action: Approve an appropriation adjustment to recognize State of
California Resources, Recycling & Recovery (CalRecycle) Senate Bill (SB) 1383 Local
Assistance Grant Program grant funds in the amount of $435,450 in the PWA Refuse
Enterprise, State Grant -Direct revenue account and appropriate the same amount to the
PWA Refuse Enterprise, Contract Services -Professional expenditure account. (Requires
five affirmative votes)
MINUTES: Councilmember Bacerra inquired about the grant funding disbursement
limitations and requested staff research state -funded grants to assist with the purchase
costs of new waste receptacle enclosures.
Mayor Amezcua requested staff research alternate funding sources to assist residents offset
the costs of purchasing alternative waste receptacle enclosures and provide information to
the Council and the public.
CITY COUNCIL 9 January 17, 2023
Councilmember Phan requested staff perform community outreach in the Spanish and
Vietnamese -speaking communities.
Moved by Councilmember Bacerra, seconded by Mayor Amezcua to Approve
Item No. 13.
YES: 7 — Councilmember Bacerra, — Councilmember Hernandez, —
Councilmember Penaloza, — Councilmember Phan, — Councilmember Vazquez, —
Mayor Pro Tern Lopez, — Mayor Amezcua
NO: 0
ABSTAIN: 0
ABSENT:0
Status: 7-0-0-0 — Pass
14. Approve Budget Reallocations and Amendment to the Project Cost Analysis to Increase
Project Construction Funding for the South Main Street Corridor Improvements Project
(Project No. 17-9001, 18-6911, 20-6958, 21-6451, 21-6461, 21-6014 & 19-6940)
(Non -General Fund)
Department(s): Public Works Agency
Recommended Action: 1. Authorize budget reallocation of $435,000 in unspent Road
Maintenance and Rehabilitation Account (SB-1) funds from the Bristol Street Rehabilitation:
Santa Clara Avenue to Memory Lane FY 21/22 (No. 22-6990) Project to construction funds
for Main Street Rehabilitation from Warner Avenue to Edinger Avenue (Project No.
20-6958).
2. Authorize budget reallocation of $435,000 in unspent Road Maintenance and
Rehabilitation Account (SB-1) funds from the Bristol Street Rehabilitation: Santa Clara
Avenue to Memory Lane FY 21/22 (No. 22-6990) Project to construction funds for
Main Street Rehabilitation from Dyer Road to Warner Avenue (Project No. 19-6940).
3. Approve an amendment to the Project Cost Analysis in the amount of $1,320,000 for
$1,320,000 in additional contingency funds and $250,000 in additional inspection and
testing. The new estimated total construction delivery cost is $24,325,389.72, subject to
non -substantive changes approved by the City Manager and City Attorney.
15. Approve an Additional Contingency Funds in the Amount of $165,000 for an Existing
Construction Contract with Allinone Construction, Inc., and Additional Contract
Administration, Inspection, and Testing in the Amount of $22,500 with an Estimated Project
Delivery Cost of $764,020 for the Santa Ana City Hall 3rd Floor Tenant Improvements
Project (Project No. 22-1401) (General Fund).
Department(s): Public Works Agency
Recommended Action: 1. Approve an amendment to the Project Cost Analysis in the
amount of $187,500 for $165,000 in additional contingency funds and $22,500 in
CITY COUNCIL 10 January 17, 2023
additional contract administration, inspection and testing for a new estimated total
construction delivery cost of $764,020. The new estimated total construction delivery
costs include $427,052 for the construction contract, $86,558 for contract administration,
inspection and testing, and a $250,410 project contingency for unanticipated or
unforeseen work, subject to non -substantive changes approved by the City Manager and
City Attorney.
2. Approve an amendment to the Fiscal Year 2022-23 Capital Improvement Program for
$187,500, which includes $22,500 in construction engineering funds and $165,000 for
construction contingency funds, for the City Hall 3rd Floor Tenant Improvements Project
(22-1401).
16. Approve an Appropriation Adjustment Accepting the FY 2022 Patrick Leahy Bulletproof
Vest Partnership Grant
Department(s): Police Department
Recommended Action: Approve an appropriation adjustment recognizing $14,378 in
grant revenue from the U.S. Department of Justice Grants and appropriate same to the
Bulletproof Vest Grant expenditure account. (Requires five affirmative votes)
17. Amend Agreement with Adams Streeter Civil Engineers, Inc. for On -Call Development Plan
Checking Services by an Additional $50,000 Annually for the Remainder of the Agreement
Term (Non -General Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute an amendment to the
agreement with Adams Streeter Civil Engineers, Inc. for on -call development plan checking,
to increase the amount by $50,000 annually, for a total annual amount not to exceed
$200,000 for the remainder of the term, subject to non -substantive changes approved by the
City Manager and City Attorney (Agreement No. 2023-001).
18. Amend the Agreement with Blueray Management, LLC to Provide Pool Maintenance at
Various City Pools by Extending the Term for an Additional Six Months and Increasing the
Agreement Amount by $200,000 (General Fund).
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute an amendment to the
agreement with Blueray Management, LLC. to provide pool maintenance services at
Various City Pools, to extend the term of the agreement for an additional six-month term
beginning January 21, 2023 through June 30, 2023, and increase the amount by $200,000,
for a total agreement amount of $971,481, subject to non -substantive changes approved by
the City Manager and City Attorney (Agreement No. 2023-002).
CITY COUNCIL 11 January 17, 2023
19. Approve Purchase Agreement in the Amount of $740,000 for Full Real Property Acquisition
for Warner Avenue Improvements Phase 2 (Property Owners: Fidel Solis and Margarita
Solis) (Project No. 18-6901) (Non -General Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute a purchase agreement
with Fidel Solis and Margarita Solis, for the full acquisition and goodwill (if any), of the
property located at 909 E. Warner Avenue (APN 016-105-21) in the amount of $740,000,
subject to non -substantive changes approved by the City Manager and the City Attorney
(Agreement No. 2023-003).
20. Amend the Agreement with Alliance Consulting Services, Inc., to Increase the Total
Agreement Amount by $72,000 for Right -of -Way Coordination Services for the Remaining
Term of the Agreement (Non -General Fund).
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute the first amendment to the
agreement with Alliance Consulting Services, Inc. to update the scope of work to include
additional locations and increase the total compensation amount by $72,000 for an updated
agreement amount not to exceed $121,500, for the remainder of the agreement term
expiring June 30, 2025, with two one-year renewal periods, subject to non -substantive
changes approved by the City Manager and City Attorney (Agreement No. 2023-004).
21. Amend Agreement with DMS Facility Services, to Increase the Contract Amount by
$545,800 for Enhanced Landscape Services of City Park and Park Buildings (General
Fund and Parking Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute the third amendment
to the agreement with DMS Facility Services, to provide landscape maintenance and
repairs at City Parks, increasing the amount by $545,800, which includes a $100,000
contingency, for the remaining term from January 17, 2023 through January 31, 2024, for a
total agreement amount of $16,038,396 subject to non -substantive changes approved by
the City Manager and the City Attorney (Agreement No. 2023-005).
22. Amend an Agreement with Bucknam Infrastructure Group, Inc. to Increase the Total
Agreement Amount by $66,286, for a Total Amount not to Exceed $157,286, for Pavement
Management Program and Geographic Information System Professional Services
(Non -General Fund) (Project 22-6898)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute an amendment to the
agreement with Bucknam Infrastructure Group, Inc. to increase the total compensation by
CITY COUNCIL 12 January 17, 2023
$66,286, for a total agreement amount not to exceed $157,286, for the remainder of the
agreement term expiring October 18, 2023, with two one-year renewal periods, subject to
non -substantive changes approved by the City Manager and City Attorney (Agreement
No. 2023-006).
23. Approve and Amend a Three-year Agreement for Volume Licensing and Maintenance for
Microsoft Software and Products through Software One, Inc. for an Amount not to Exceed
$1,500,000 (Non -General Fund)
Department(s): Information Technology
Recommended Action: Approve and amend an agreement to renew licensing solution
provider agreement with Software One, Inc. for the purchase of Microsoft software
licenses, for a three-year period, beginning February 1, 2023, through January 31, 2026,
in the amount not to exceed $1,500,000, subject to non -substantive changes approved by
the City Manager and City Attorney (Agreement No. 2023-007).
24. Approve an Amendment to the Agreement with Immigrant Defenders Law Center For
Immigration Legal Defense Services for a Two -Year Term in an Amount not to Exceed
$400,000 (General Fund)
Department(s): City Manager Office
Recommended Action: Authorize the City Manager to execute an amendment to the
agreement with Immigrant Defenders Law Center to provide immigration legal defense
services to Santa Ana residents, for a term beginning February 1, 2023 and ending
January 31, 2025, in an amount not to exceed $400,000, subject to non -substantive
changes approved by the City Manager and City Attorney (Agreement No. 2023-009).
MINUTES: Councilmember Vazquez addressed a discrepancy in the budget amount
and the contract amount and proposed staff initiate a Request for Proposal (RFP) for a
new service provider to provide legal assistance to the Asian American and Pacific
Islander community.
Councilmember Phan inquired about the feasibility of working with community
organizations rather than opening a request for a proposal, and also to look at a
broader approach in the future.
Mayor Pro Tem Lopez requested the RFP include requiring the services provided be for
Santa Ana residents.
Moved by Councilmember Phan, seconded by Councilmember Vazquez to
approve, as amended, to include an informational report from Immigrant Defenders
Law Center, approve their agreement, and open a request for proposal for a second
vendor to provide services to the Asian American and Pacific Islander Community.
CITY COUNCIL 13 January 17, 2023
YES: 6 — Councilmember Hernandez, — Councilmember Penaloza, —
Councilmember Phan, — Councilmember Vazquez, — Mayor Pro Tern Lopez, —
Mayor Amezcua
NO: 0
ABSTAIN: 0
ABSENT: 1 — Councilmember Bacerra
Status: 6-0-0— 1 — Pass
MINUTES: Following discussion of Item No. 24, Item No. 04 was reconsidered.
25. Approve Amendment to the Agreement with The Counseling Team International in the
amount of $6,145 for Law Enforcement Psychological Services (General Fund)
Department(s): Police Department
Recommended Action: Authorize the City Manager to execute an amendment to the
agreement with The Counseling Team International in an amount not to exceed $6,145 for law
enforcement psychological services for a total aggregate amount not to exceed $84,145 for
the agreement term ending on September 30, 2025, subject to non -substantive changes
approved by the City Manager and City Attorney (Agreement No. 2023-008).
26. City of Santa Ana Updated Hazard Mitigation Plan
Department(s): Police Department
Recommended Action: Resolution No. 2023-001 — Adopt a resolution approving the
updated 2022 Hazard Mitigation Plan and direct staff to submit the resolution to the Federal
Emergency Agency Management Agency (FEMA) for final approval of the Plan.
RESOLUTION NO.2023-001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA ADOPTING THE 2022 HAZARD MITIGATION PLAN
27. Adopt a Resolution Approving the Application for Grant Funds from the Urban Greening
Program
Department(s): Public Works Agency
Recommended Action: Resolution No. 2023-002 — Adopt a resolution approving the
application for grant funds for Urban Greening Program for the Bristol -Tolliver Street Urban
Greening Project.
RESOLUTION NO. 2023-002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA APPROVING THE APPLICATION FOR GRANT FUNDS FOR URBAN
GREENING PROGRAM
CITY COUNCIL 14 January 17, 2023
28. Teleconferencing for Meetings of City Council and All Boards, Committees, and
Commissions Pursuant to the Provisions of Assembly Bill 361
Department(s): Clerk of the Council Office
Recommended Action: Resolution No. 2023-003 — Adopt a resolution to consider
continuing the use of teleconferencing for City Council, board, committee, and commission
meetings pursuant to the provisions of Assembly Bill 361 for the next 30 days.
RESOLUTION NO. 2023-003 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA, CALIFORNIA AUTHORIZING THE USE OF REMOTE
TELECONFERENCING PROVISIONS (AB 361)
**END OF CONSENT CALENDAR**
BUSINESS CALENDAR
29. Police Oversight Commission Informational Report
Department(s): City Manager Office
Recommended Action: Accept informational report and provide direction to staff.
MINUTES: Principal Management Analyst Daniel Soto provided a brief presentation.
Councilmember Phan inquired about the benefits of the commission director being a
professional service contractor versus an at -will civil servant. She spoke in favor of a
professional service agreement with a longer term and requested they be selected
outside of an election year.
Councilmember Penaloza also spoke in favor of a professional service agreement and
requested staff begin researching the charter amendments needed for 2024.
Councilmember Vazquez inquired about the Commission's involvement in the selection
of the oversight director, to which City Manager Kristine Ridge explained the provisions
of the Commission formation ordinance and offered options.
Councilmember Hernandez spoke in favor of a professional services agreement with
clear terms and conditions, as well as public involvement.
Councilmember Bacerra addressed the initial approval of the Commission by the
Council and spoke in support of a professional services agreement.
CITY COUNCIL 1s January 17, 2023
Mayor Pro Tem Lopez spoke in support of a professional services agreement for an
independent oversight director and in opposition to an ad hoc committee.
Mayor Amezcua spoke in support of a professional services agreement with a yearly
term.
City Manager Kristine Ridge summarized the direction provided by the Council to move
forward with retaining an Independent Oversight Director through a professional
services agreement and a request for proposal that will be presented to the Council,
which will include a sample agreement.
**END OF BUSINESS CALENDAR**
PUBLIC HEARINGS
PUBLIC COMMENTS-- Members of the public may address the City Council on each of
the Public Hearing items.
30. Public Hearing: Consider an Ordinance to Disestablish the Downtown Santa Ana Business
Improvement District
Legal notice published in the Orange County Reporter on January 6, 2023 and notices
mailed on December 28, 2022.
Department(s): Community Development Agency
Recommended Action: Approve first reading of an ordinance to disestablish the
Downtown Santa Ana Business Improvement District.
ORDINANCE NO. NS-3037 AN ORDINANCE OF THE CITY OF SANTA ANA TO
DISESTABLISH THE DOWNTOWN SANTA ANA BUSINESS IMPROVEMENT DISTRICT
MINUTES: Mayor Amezcua opened the Public Hearing at 9:16 P.M.
Ginette Sanchez, Latino Merchant Group, spoke in support of Item 30 and requested
the status of grants for downtown businesses.
Acting City Clerk Norma Orozco reported that one email comment had been received
for Public Hearing Item No. 30.
Victor Pallan, via teleconference, spoke in support of Item 30 and provided Barrio
Logan in San Diego as an example of best practices for a downtown improvement
district.
Community Development Executive Director Mike Garcia provided a brief presentation.
CITY COUNCIL 16 January 17, 2023
Mayor Amezcua closed the Public Hearing at 9:23 P.M.
Moved by Councilmember Penaloza, seconded by Councilmember Vazquez
to Approve Public Hearing Item No. 30 for the first reading of the ordinance.
YES: 7 — Councilmember Bacerra, — Councilmember Hernandez, — Councilmember
Penaloza, — Councilmember Phan, — Councilmember Vazquez, — Mayor Pro Tern
Lopez, — Mayor Amezcua
NO: 0
ABSTAIN: 0
ABSENT:0
Status: 7-0-0-0— Pass
31. Public Hearing: Adopt a Resolution Authorizing the Condemnation of the Entire Real
Property Located at 2245 South Halladay Street (APN 016-105-19), Owned by Kenneth A.
Steele and Ana Steele, Husband and Wife as Joint Tenants, Declaring the Public Necessity
and Interest Thereof (Project No. 18-6901) (Non -General Fund)
Notice of Hearing letter regarding acquisition of real property by eminent domain mailed to
property owners on December 29, 2022.
Department(s): Public Works Agency
Recommended Action: Resolution No. 2023-004—Adopt a resolution authorizing the
condemnation of the entire real property located at 2245 South Halladay Street (APN
016-105-19), owned by Kenneth A. Steele and Ana Steele, Husband and Wife as joint
tenants, declaring the public necessity and interest thereof. (Requires five affirmative votes)
RESOLUTION NO. 2023-004 A RESOLUTION OF THE CITY COUNCIL OF SANTA
ANA FINDING AND DETERMINING THAT THE PUBLIC INTEREST, CONVENIENCE,
AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN REAL PROPERTY
LOCATED WITHIN THE CITY OF SANTA ANA AT 2245 SOUTH HALLADAY STREET
(APN NO. 016-105-19) FOR THE WARNER AVENUE IMPROVEMENTS PROJECT
MINUTES: Mayor Amezcua opened the Public Hearing at 9:25 P.M.
Kenneth Steele, World Properties, objected to the taking of the full property due to a
lease encumbered along the rear 20 feet of the property and requested a partial
acquisition, or alternately, full compensation for the lease and the loss of income.
Nabil Saba, Public Works Executive Director, provided a brief presentation.
Councilmember Bacerra addressed the good faith efforts and recommended acquisition
price and expressed concern with the timing of the actions presented.
Councilmember Phan questioned conflicting appraisals of the property, the difference
CITY COUNCIL 17 January 17, 2023
between a full and partial take, and the ability of the property owner to rent the property
following tenant relocation.
Mayor Amezcua closed the Public Hearing at 9:44 P.M.
Councilmember Vazquez expressed concerns with the appraisal, to which Director
Saba responded that staff is open to negotiations with the property owner prior to final
resolution.
Mayor Amezcua requested information on the project and amenities planned for the
area and expressed concerns with flooding in protected bike lanes.
Moved by Councilmember Bacerra, seconded by Councilmember Phan to
Approve Public Hearing Item No. 31.
YES: 6 — Councilmember Bacerra, — Councilmember Hernandez, — Councilmember
Penaloza, — Councilmember Phan, — Councilmember Vazquez, — Mayor Amezcua
NO: 0
ABSTAIN: 0
ABSENT: 1 — Mayor Pro Tern Lopez
Status: 6-0-0— 1 — Pass
32. Public Hearing: Adopt a Resolution Vacating a Portion of Edendale Court behind 1222 and
1226 South Birch Street, Abandonment 22-01
Legal notice published in the Orange County Reporter on January 6, 2023 and January 13,
2023.
Department(s): Public Works Agency
Recommended Action: Resolution No. 2023-005 — Hold a public hearing and adopt a
resolution vacating a portion of Edendale Court behind 1222 and 1226 South Birch Street.
RESOLUTION NO. 2023-005 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SANTA ANA VACATING A PORTION OF EDENDALE COURT BEHIND 1222 AND
1226 SOUTH BIRCH STREET (ABANDONMENT NO. 22-01)
MINUTES: Mayor Amezcua opened the Public Hearing at 9:52 P.M., and hearing no
comments, closed the Public Hearing at 9.52 P.M.
Moved by Councilmember Bacerra, seconded by Councilmember Penaloza to
Approve Public Hearing Item No. 32.
YES: 6 - Councilmember Bacerra, — Councilmember Hernandez, — Councilmember
Penaloza, — Councilmember Phan, — Councilmember Vazquez, — Mayor Amezcua
NO: 0
CITY COUNCIL 18 January 17, 2023
ABSTAIN: 0
ABSENT: 1 — Mayor Pro Tern Lopez
Status: 6-0-0— 1 — Pass
33. Zoning Ordinance Amendment No. 2022-03: Updates to Various Sections of Chapter 41
(Zoning) of the Santa Ana Municipal Code (SAMC) Related to Family Daycare, Regional
Planned Sign Program Regulations, Massage Establishments, Medical Offices Operated in
the Professional Zone, Retail Uses in Industrial Zones, Trash Bin Enclosures, Urban Lot
Split and Two -Unit Developments Standards, Various Use Definitions, Regulation of
Noxious Uses, Regulation of Electric Fences, Synthetic Turf, and Clarifications to Permitting
Standards for Light Processing Facilities
Legal notice published in the Orange County Reporter on January 6, 2023.
Department(s): Planning and Building Agency
Recommended Action: Adopt an ordinance approving Zoning Ordinance Amendment
No. 2022-03 to amend various sections of Chapter 41 (Zoning) of the Santa Ana
Municipal Code (SAMC).
ORDINANCE NO. NS-3038 ZONING ORDINANCE AMENDMENT NO. 2022-03 — 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 FAMILY DAYCARE, REGIONAL PLANNED SIGN PROGRAM
REGULATIONS, MASSAGE ESTABLISHMENTS, CONDITIONALLY-PERMMITTED
USES IN THE PROFESSIONAL ZONING DISTRICT, RETAIL USES IN INDUSTRIAL
ZONES, TRASH BIN ENCLOSURES, URBAN LOT SPLIT AND TWO -UNIT
DEVELOPMENT STANDARDS, NOXIOUS USES, DEFINITIONS FOR VARIOUS
USES, ELECTRIC FENCES, SYNTHETIC TURF, AND PERMIT REQUIREMENTS
FOR LIGHT PROCESSING FACILITIES
MINUTES: Mayor Amezcua opened the Public Hearing at 9:54 P.M. Acting City Clerk
Norma Orozco reported that one email comment had been received pertaining to Public
Hearing Item No. 33. Mayor Amezcua closed the Public Hearing at 9:54 P.M.
Councilmember Bacerra questioned the use of synthetic turf under the definition of
"landscape" to which Planning and Building Executive Director Minh Thai provided
clarifying information that it would be part of the overall property with live plants. He
requested to remove "as modified from time to time" in Section 11 so that significant
State amendments are considered by the Council, in Section 35 for Regional institution
strike out the words starting with "or any other facility determined..." through the end of
that definition, and regarding chair massage wanted to determine such services could
not be performed in a closed room. He requested future consideration of standards for
massage establishments, including separation buffers.
CITY COUNCIL 19 January 17, 2023
Councilmember Phan confirmed that the regulation of electric fences pertained to
private property only.
Director Thai reviewed email comments received from Dale Helvig and recommended
Council include staffs recommendations to address Mr. Helvig's comments in their
action.
Moved by Councilmember Bacerra, seconded by Councilmember Phan to
approve Public Hearing Item No. 33 for the first reading of the ordinance, as
amended, to remove language from Sections 11 and 35 and staff's
clarifications based on Mr. Helvig's email.
YES: 7 — Councilmember Bacerra, — Councilmember Hernandez, —
Councilmember Penaloza, — Councilmember Phan, — Councilmember Vazquez, —
Mayor Pro Tern Lopez, — Mayor Amezcua
NO: 0
ABSTAIN: 0
ABSENT:0
Status: 7-0-0-0— Pass
Mayor Amezcua recessed the City Council meeting at 10:05 P.M. to address the
Special Meeting of the Successor Agency and reconvened the City Council at 10: 07
P. M.
COUNCILMEMBER REQUESTED ITEMS
34. Discuss and Consider Directing the City Manager to Direct Staff to Prepare an Ordinance
Establishing a Senior Citizen Commission — Mayor Amezcua
MINUTES: Mayor Amezcua noted she heard from the seniors regularly and would like to
empower them to make recommendations, similar to the Youth Commission.
Councilmembers Penaloza, Bacerra, Vazquez, and Hernandez and Mayor Pro
Tem Lopez expressed their support of the item.
Councilmember Phan expressed a desire to see a clear delineation of what the
Council is exactly looking for the seniors to address.
Mayor Amezcua suggested the Youth Commission also be reevaluated in terms of
resources and responsibilities.
CITY COUNCIL 20 January 17, 2023
35. Discuss and Consider Directing the City Manager to Direct Staff to Amend the Quantity of
Signs to be Installed at a Section of Street Granted a Ceremonial Street Name in Article XI
of the SAMC - Councilmember Bacerra
MINUTES: Councilmember Bacerra provided history of this program and spoke in
support of amending the ordinance to allow for a maximum of two contiguous blocks on
a single street with two signs installed on existing poles at either end of the designated
street segment, which would not impact any existing ceremonial street names.
Mayor Amezcua, and Councilmembers Phan, Vazquez, and Penaloza spoke in support
of the item.
Councilmember Hernandez believed the current policy provides staff with discretion and
would allow for further discussion on the dais, if needed, and did not support the current
item.
CITY MANAGER COMMENTS
MINUTES: City Manager Kristine Ridge announced that the Public Works Water
Resources Department launched its 8t" annual youth water poster contest on January
16, 2023.
COUNCIL COMMENTS
AB1234 DISCLOSURE — If the City paid for travel or other expenses this is the time for
members of the Council to provide a brief oral report on attendance of any regional board
or commission meeting or any conference, meeting or event attended.
1. January 17-20, 2023 Mayor Amezcua — The United States Conference of Mayors
in Washington, D.C.
MINUTES:
Councilmember Bacerra wished everyone a Happy New Year and announced his
community office hours on February 4.
Councilmember Hernandez offered condolences to the families of Keenan Anderson
and Alejandro Montes, thanked the Orange County Heritage Council for celebrating the
legacy of Martin Luther King, Jr., and closed his comments in honor of, thank OC
Heritage Council for celebrate legacy of MLK Jr., close in honor of public defender Elliot
Blair, who was found dead in Mexico.
Councilmember Penaloza wished everyone a Happy New Year, a Happy Lunar New
Year, and Happy Birthday to Library Director Brian Sternberg, Senior Management
Analyst Daniel Soto, and Councilmember Vazquez. He requested the meeting adjourn
in remembrance of Riverside Deputy Sherriff Darnell Calhoun.
CITY COUNCIL 21 January 17, 2023
Councilmember Phan wished everyone a safe and Happy New Year and Happy Lunar
New Year. She announced her upcoming participation in the Tet Parade and Tet
Festival and congratulated Councilmember Penaloza on his recent engagement.
Councilmember Vazquez wished everyone a Happy New Year. He congratulated Valley
High School students on their book drive and encouraged donations to their efforts.
Mayor Pro Tem Lopez wished a Happy Birthday to Daniel Soto, Councilmember
Vazquez, and her grandma.
Mayor Amezcua wished everyone a Happy Birthday and Happy New Year, thanked the
business owners for attending and asked staff to work with Assemblymember Valencia
and Senator Umberg to address concerns. She requested an update on crossing
guards, announced she would start community walks in February, reported her
attendance at the U.S. Conference of Mayors in Washington, DC, acknowledged efforts
by the Police Department, and requested staff look into delivering sandbags to seniors
and the disabled during storms. She requested to adjourn the meeting in memory of the
Riverside Deputies killed in line of duty, Darnell Calhoun and Isaiah Cordero.
ADJOURNMENT —Adjourn the City Council meeting.
MINUTES: Mayor Amezcua adjourned the City Council at 10:34 P.M. in memory of
Darnell Calhoun and Isaiah Cordero.
Respectfully Submitted,
Jennifer L. Hall, CMC
City Clerk
CITY COUNCIL 22 January 17, 2023