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HomeMy WebLinkAboutItem 05 - Draft Minutes Meetings of April 4, 2023 and April 18, 2023CITY COUNCIL 1 April 04, 2023 DRAFT Minutes of the Special Closed Session and Regular Meeting of the City Council City of Santa Ana, California April 04, 2023 SPECIAL CLOSED SESSION MEETING – 4:30 PM REGULAR OPEN MEETING – 5:45 PM (Immediately following the Closed Session Meeting) CITY COUNCIL CHAMBER 22 Civic Center Plaza, Santa Ana, CA 92701 SPECIAL CLOSED SESSION CALL TO ORDER MINUTES: ROLL CALL MINUTES: Mayor Amezcua called the Special Closed Session meeting to order at 4:40 P.M. ATTENDANCE Council Members Mayor Pro Tem Phil Bacerra Johnathan Ryan Hernandez David Penaloza Thai Viet Phan Benjamin Vazquez Jessie Lopez Mayor Valerie Amezcua City Manager City Attorney City Clerk Kristine Ridge Sonia R. Carvalho Jennifer Hall CITY COUNCIL 2 April 04, 2023 City Clerk Jennifer L. Hall conducted Roll Call. Councilmembers Penaloza, Phan, and Vazquez, Mayor Pro Tem Lopez, and Mayor Amezcua were present. Councilmembers Bacerra and Hernandez joined the meeting during Closed Session. ADDITIONS\DELETIONS TO CLOSED SESSION MINUTES: None PUBLIC COMMENTS – Members of the public may address the City Council on Closed Session items. MINUTES: No public comments were received regarding Closed Session items. RECESS – City Council will recess to Closed Session for the purpose of conducting regular City business. MINUTES: Mayor Amezcua recessed to consider the Closed Session items at 4:41 P.M. CLOSED SESSION ITEMS – The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation: 1.CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a): Agency Negotiators: Human Resources Executive Director, Jason Motsick Employee Organizations: Santa Ana Police Officers Association (POA) Service Employees’ International Union (SEIU) Full­Time Employees 2.CONFERENCE WITH LEGAL COUNSEL ­ EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code: A.In re National Prescription Opiate Litigation, United States District Court (Northern District of Ohio), Case No. 1:17­md­02804 RECONVENE – City Council will reconvene to continue regular City business. MINUTES: Mayor Amezcua reconvened the Special Closed Session meeting at 7:18 P.M. CITY COUNCIL 3 April 04, 2023 CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed Session. MINUTES: Chief Assistant City Attorney Laura Rossini stated there was no reportable action from Closed Session. ADJOURNMENT – Adjourn the Special Closed Session meeting. MINUTES: Mayor Amezcua adjourned the Special Closed Session meeting at 7:18 P.M. CITY COUNCIL REGULAR OPEN SESSION CALL TO ORDER MINUTES: Mayor Amezcua called the Regular City Council meeting to order at 7:18 P.M. ATTENDANCE Council Members Mayor Pro Tem Phil Bacerra Johnathan Ryan Hernandez David Penaloza Thai Viet Phan Benjamin Vazquez Jessie Lopez Mayor Valerie Amezcua City Manager City Attorney City Clerk Kristine Ridge Sonia R. Carvalho Jennifer Hall ROLL CALL MINUTES: City Clerk Jennifer L. Hall conducted roll call. Councilmembers Bacerra, Hernandez, Penaloza, Phan, and Vazquez, Mayor Pro Tem Lopez, and Mayor Amezcua were present. PLEDGE OF ALLEGIANCE Mike Garcia, Community Development Director WORDS OF INSPIRATION Pastor S. Anthony Simon CITY COUNCIL 4 April 04, 2023 ADDITIONS\DELETIONS TO THE AGENDA MINUTES: Mayor Amezcua announced that the Housing Authority Meeting and Public Hearing were canceled and would be heard at a later date. City Clerk Jennifer L. Hall announced that Item No. 13 was removed from the Consent Calendar at the request of staff and would return for Council’s consideration on May 2, 2023. CEREMONIAL PRESENTATIONS 1.Proclamation presented by Mayor Amezcua to OneLegacy declaring April as DMV/Donate Life Month. 2.Certificate of Recognition presented by Mayor Pro Tem Lopez to Tethos for 20 Years of Outstanding Contributions to the Community. 3.Proclamation presented by Councilmember Hernandez and Councilmember Vazquez to Latino Health Access declaring April as National Child Abuse Prevention Month. 4.Certificates of Recognition presented by Councilmember Bacerra to Orange County Fire Authority and Santa Ana Police Department Dispatchers in Honor of National Public Safety Telecommunicators Week. STAFF PRESENTATIONS 5.Presentation from the Arts and Culture Commission MINUTES: Community Development Director Mike Garcia introduced Robin McNair, Arts and Culture Commission Chairperson, who provided a brief presentation on the history and work of the Arts and Culture Commission. Councilmember Hernandez thanked the Arts and Culture Commission and his colleagues for their help in establishing the Graffiti Arts and Mural Restoration Projects. Councilmember Bacerra thanked the Arts and Culture Commissioners for their hard work and dedication. Councilmember Penaloza thanked Ms. McNair for her presentation, inquired about the required surveys, and offered his assistance. Mayor Pro Tem Lopez extended an invitation to the Commission to present recommendations in preparation for the new budget cycle. Councilmember Vazquez thanked the Arts and Culture Commissioners for their hard work and seconded Mayor Pro Tem Lopez’s invitation. CITY COUNCIL 5 April 04, 2023 Councilmember Phan inquired about the Little Saigon and Historic Chinatown placards. PUBLIC COMMENT – Public comments will be held during the beginning of the meeting for ALL comments on agenda and non­agenda items, with the exception of public hearings. Comments for public hearings will take place after the hearing is opened. MINUTES: At 8:12 P.M., Public Comments were heard. The following speaker addressed Council via teleconference: 1. Victor Mendez spoke regarding the homelessness and drug issues plaguing his neighborhood and made a comment on the proposed appointment of Fernando Delgado to the Police Oversight Commission. City Clerk Jennifer L. Hall reported the summary of email comments received: one (1) comment in support of Agenda Item No. 28 and three (3) non-agenda comments. The following speakers addressed Council in-person: 2. Stephen Hart spoke regarding the Riverview Golf Course and the positive impact he believes it has on the community. 3. Richard Garcia provided comments on the Riverview Golf Course. 4. Peyton Garcia spoke regarding the Riverview Golf Course and how attending the course has positively impacted his life. 5. Stan Fear spoke regarding the community surrounding the Riverview Golf Course. 6. Sue Pallack spoke regarding the Police Athletic Activities League (PAAL). 7. Charlie Andres spoke in opposition to the conversion of the Riverview Golf Course into a city park. 8. Gabriel Montoya spoke regarding the worker shortage in the healthcare industry, how it will affect the residents of Santa Ana, and the need for a higher minimum wage. 9. Ruby Vallejo spoke of her experience working in the healthcare industry and expressed the need for higher pay in the industry. 10. Alicia Bernal (translation: Spanish) spoke in support of increasing the healthcare worker minimum wage to $25. CITY COUNCIL 6 April 04, 2023 11. Nellie LeGaspe spoke in support of appointing Fernando Delgado to the Police Oversight Commission. 12. Carl Benninger provided various comments and spoke in opposition to appointing Fernando Delgado to the Police Oversight Commission. 13. Sam Lazalde spoke in support of the appointment of Fernando Delgado to the Police Oversight Commission. 14. Alex Montepeque (translation: Spanish) spoke of the need for a higher minimum wage for healthcare workers. RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 6 through 26. MINUTES: At 8:50 P.M., the Consent Calendar was considered. Councilmember Phan recused herself from Agenda Item No. 18, as the listed party is a client of her employer Rutan & Tucker. Councilmember Hernandez pulled Item Nos. 12, 14, and 21 for separate discussion and consideration. MOTION: Councilmember Bacerra moved to approve staff recommendations on the following Consent Calendar Items: 5 through 26 with the exception of Agenda Item Nos. 12, 13, 14, and 21, seconded by Councilmember Penaloza. The motion carried, 7-0, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA NONE NONE NONE Status: 7 – 0 – Pass 6.Excused Absences Department(s): City Clerk’s Office Recommended Action: Excuse the absent members. CONSENT CALENDAR CITY COUNCIL 7 April 04, 2023 7.Appoint Nicholas Ortiz Nominated by Councilmember Bacerra as the Ward 4 Representative to the Youth Commission for a Full­Term Expiring December 8, 2026 Department(s): City Clerk’s Office Recommended Action: Appoint Nicholas Ortiz to the Youth Commission as the Ward 4 representative and administer Oath of Office. (Pursuant to SAMC Sec. 2-326 (a) requires five affirmative votes) MINUTES: City Clerk Jennifer L. Hall administered the Oath of Office to Nicholas Ortiz. 8.Award a Purchase Order to Musco Sports Lighting, LLC in the Amount of $195,710 for LED Sports Lighting with Related Supplies and Services (General Fund) Department(s): Public Works Agency Recommended Action: Authorize a one­time purchase order to Musco Sports Lighting, LLC for the purchase of LED sports lighting, control and monitoring system, and installation services for the George Upton All Access Playground and basketball courts at Thornton Park in the amount of $177,918, with a contingency of $17,792, for a total amount not to exceed $195,710, subject to non­substantive changes approved by the City Manager and the City Attorney. 9.Award Purchase Order to Acco Engineered Systems in an Amount Not to Exceed $274,877 to replace HVAC at the Santa Ana Police Athletic & Activity League Center (General Fund) Department(s): Police Department Recommended Action: 1. Award a one­time purchase and payment to Acco Engineered Systems for a new heating, ventilation, and air conditioning (HVAC) system at the Santa Ana Police Athletic and Activity League Center, in the amount of $249,888, plus a 10­percent contingency of $24,989, for a total amount not to exceed $274,877, subject to non­substantive changes approved by the City Manager and City Attorney. 2.Approve an amendment to the Fiscal Year 2022­2023 Capital Improvement Program to include the Santa Ana Police Athletic and Activity League Center HVAC System Replacement project. 10.Award Contract to Motorola Solutions, Inc. in the Amount of $471,570 for Motorola 800 MHz Communications System Equipment (Specification No. 23­048) (General and Non­General Fund) Department(s): Police Department Recommended Action: Award a blanket order contract to Motorola Solutions, Inc. for CITY COUNCIL 8 April 04, 2023 Motorola 800 MHz communications system equipment for a 14­month period expiring June 30, 2024 in an amount not to exceed $471,570, subject to non­ substantive changes approved by the City Manager and City Attorney. 11.Award a Construction Contract to AME Builders, Inc. in the Amount of $1,240,500 for the Salgado Community Center Improvements Project FY 2022­23 Project with an Estimated Project Delivery Cost of $1,550,625 (Project No. 22­1377) (General Fund) (Revive Santa Ana Program) Department(s): Public Works Agency Recommended Action: 1. Award a construction contract to AME Builders Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $1,240,500, for construction of the Salgado Community Center Improvements FY 2022­23, for the term beginning September 1, 2023 and ending December 31, 2023, and authorize the City Manager to execute the contract subject to non­substantive changes approved by the City Manager and the City Attorney. 2.Approve an amendment to the Fiscal Year 2022­23 Capital Improvement Program to include $1,387,759 in Revive funding for the Salgado Community Center Renovations Project. (Project No. 22­1377) 3.Approve the Project Cost Analysis for a total estimated construction delivery cost of $1,550,625, which includes $1,240,500 for the construction contract, $186,075 for contract administration, inspection and testing, and a $124,050 project contingency for unanticipated or unforeseen work. 4.Determine these actions are exempt from further review in accordance with the California Environmental Quality Act as Categorical Exemption Environmental Review No. ER­2022­34 was filed for the project. 12.Award an Construction Contract to MMC, Inc. in an Amount Not to Exceed $2,870,000 for the Restrooms at Riverview Park, Heritage Park, Windsor Park, and Angels Park Project with an Estimated Project Delivery Cost of $3,307,000 (Project Nos. 22­1348, 22­1349, 22­1350, & 22­1412) (Non­General Fund) (Revive Santa Ana Program) Department(s): Public Works Agency Recommended Action: 1. Authorize the City Manager to execute a construction contract with MMC, Inc. to provide Design­Build services for demolition of existing restroom buildings, installation of new, pre­fabricated buildings, and associated site and utility work in the amount of $2,870,000, with a contingency of $287,000, for a three­year period from April 5, 2023 to April 4, 2026, with an option for two, one­year extensions, subject to non­substantive changes approved by the City Manager and City Attorney. 2.Approve an amendment to the Fiscal Year 2022­23 Capital Improvement Program for the Riverview Park, Heritage Park, Windsor Park, and Angels Park Restrooms Project to be funded from American Rescue Plan Act (ARPA) funds. CITY COUNCIL 9 April 04, 2023 3.Determine the recommended actions are exempt from further review in accordance with the California Environmental Quality Act as Categorical Exemption Environmental Review No. ER­2023­28 was filed for this project. MINUTES: Councilmember Hernandez spoke in support of the item and announced that the new restroom would be built at Angels Park located in Ward 5. Councilmember Penaloza requested the restroom be located closer to the street. Mayor Pro Tem Lopez thanked staff for all of their hard work and stated that she hoped the restrooms are built in a timely manner so staff may begin work on the next set of park restrooms. Councilmember Phan spoke in support of the item and noted that the current park improvements are the most the most extensive upgrades in years. MOTION: Councilmember Penaloza moved to approve staff recommendations on Item Nos. 12 and 14, seconded by Mayor Pro Tem Lopez. The motion carried, 7-0, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA NONE NONE NONE Status: 7 – 0 – Pass 13.Grant an Easement to Southern California Edison to Allow Underground Power to Serve Traffic Signal (Non­General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an Easement Deed granting Southern California Edison the right to own, place, and maintain power conduits and conductors underground to serve APN 016­035­14. MINUTES: Item No. 13 removed from the Consent Calendar by staff; no action taken. 14.Approve Purchase Agreement with Property Owner Garnsey Corp., in the amount of $750,000 for the Full Property Acquisition for the Real Property Located at 843 N. Garnsey Street (APN 005­142­02) for the 10th and Flower Park Project (Revive Santa Ana Program) Department(s): Community Development Agency Recommended Action: Authorize the City Manager to execute a purchase CITY COUNCIL 10 April 04, 2023 agreement with property owner Garnsey Corp, for the full property acquisition for the real property located at 843 N. Garnsey Street, also identified as APN 005­142­02, (Property) in the amount of $750,000, subject to non­substantive changes approved by the City Manager and City Attorney (Agreement No. 2023­058). MINUTES: Councilmember Hernandez announced that the approval of the property acquisition would result in a new park in the Willard community and expressed support for the item. MOTION: Councilmember Penaloza moved to approve staff recommendations on Item Nos. 12 and 14, seconded by Mayor Pro Tem Lopez. The motion carried, 7-0, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA NONE NONE NONE Status: 7 – 0 – Pass 15.Approve an Agreement with Merritt Studio in a total agreement amount not to exceed $145,000 to provide Graphic Design Services for the Cultura Publication and Additional Design Services as Needed (General Fund) Department(s): Parks, Recreation, and Community Services Recommended Action: Authorize the City Manager to execute an agreement with Merritt Studio, LLC to provide graphic design services for the Cultura publication and additional design services as needed, for a three­year term beginning on April 4, 2023 through April 3, 2026 with options for two one­year extensions, and a total agreement amount not to exceed $145,000, subject to non­substantive changes approved by the City Manager and City Attorney (Agreement No. 2023­049). 16.Amend Agreement with Landscape West Management Services, Inc. to Increase the Contract Amount by $2,300,000 for Right­of­Way and Median Landscape Maintenance Services (Project No. 22­1309) (General Fund and Non­General Fund) (Revive Santa Ana Program) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute the seventh amendment to the agreement for the second renewal option with Landscape West Management Services, Inc. for Right­of­Way and Median Landscape Maintenance Services to increase the contract amount by $2,300,000 for a total agreement amount CITY COUNCIL 11 April 04, 2023 not to exceed $8,222,000 for the remaining term of the agreement ending on June 30, 2025, subject to non­substantive changes approved by the City Manager and City Attorney (Agreement No. 2023­050). 17.Approve an Appropriation Adjustment and Amend Agreement with Berg & Associates, Inc. for Construction Engineering Services for the SR­55/Ritchey Street Water Improvements Projects by an additional $900,000 for the remainder of the Agreement Term (Project Nos. 19­6438, 19­6439, 19­6440) (Non­General Fund) Department(s): Public Works Agency Recommended Action: 1. Authorize the City Manager to execute an amendment to the agreement with Berg & Associates, Inc. for Construction Engineering Services for the SR­55/Ritchey Street Water Improvements Projects to increase the compensation amount by $900,000, which includes a $780,000 increase to the base amount and a $120,000 contingency, for a total amount not to exceed $1,900,000 for the remainder of the term of the agreement, subject to non­substantive changes approved by the City Manager and City Attorney (Agreement No. 2023­051). 2.Approve an appropriation adjustment to recognize an additional $900,000 in the Acquisition & Construction, Water Utility Capital Projects, Expense Reimbursement­ OCTA revenue account and appropriate the same amount into the Acquisition & Construction, Water Utility Capital Projects, Water Capital Project expenditure account. (Requires five affirmative votes) 18.Amend Agreement with Sedaru, Inc. for Water System Computer Modeling and Engineering Services by an additional $50,000 for the remainder of the Agreement Term (Non­General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute a First Amendment to the Agreement with Sedaru, Inc., formerly known as ID Modeling, Inc., for water system modeling and engineering services to increase the amount by $50,000, for a total not­to­exceed amount of $200,000 for the remainder of the term of the agreement, subject to non­substantive changes approved by the City Manager and City Attorney (Agreement No. 2023­052). MOTION: Councilmember Bacerra moved to approve the recommended action for Item No. 18 as part of the Consent Calendar, seconded by Councilmember Penaloza. The motion carried, 6-0-1, by the following roll call vote: CITY COUNCIL 12 April 04, 2023 AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA NONE COUNCILMEMBER PHAN (recusal) NONE Status: 6 – 0 - 1 – Pass 19.Approve Agreements with Tetra Tech, Inc., Stantec Consulting Services, Inc., and EEC Environmental for On­Call Engineering Design Services for PFAS Treatment Systems in an Aggregate Amount Not to Exceed $3,000,000 for up to a Five­Year Term (Non­ General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute agreements with Tetra Tech, Inc., Stantec Consulting Services, Inc., and EEC Environmental to provide on­call engineering design services for PFAS treatment systems, for a shared aggregate amount not to exceed $3,000,000, for a three­year term beginning April 4, 2023 and expiring April 3, 2026, with provisions for two, one­year extensions, subject to non­substantive changes approved by the City Manager and City Attorney (Core Agreement No. 2023­053). 20.Approve a Lease Agreement with Senate Rules Committee, California Legislature for Office Space at the Santa Ana Regional Transportation Center for a Four­year Term for a Total Amount of $300,082 Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute a site lease agreement with Senate Rules Committee, California Legislature to compensate the City $6,400 per month, with any partial month prorated at $206 per day, for the lease of 3,200 square feet of office space located at the Santa Ana Regional Transportation Center for a four­year term beginning on April 4, 2023 and ending February 28, 2027, for a total of $300,082 in lease revenue for the entire term of the agreement, subject to non­substantive changes approved by the City Manager and City Attorney (Agreement No. 2023­054). 21.Approve Agreement with SenseMakers LLC, in the amount of $896,370, for Grant Project and Fiscal Coordinator Services (Non­General Fund) Department(s): Police Department Recommended Action: Authorize the City Manager to execute a three­year professional services agreement with SenseMakers LLC for an on­site project and fiscal grant management coordinator services, for the period beginning June 1, 2023 through May 31, 2026, with a fourth­ and fifth­year option in an amount not to exceed CITY COUNCIL 13 April 04, 2023 $896,370, subject to non­substantive changes approved by the City Manager and City Attorney (Agreement No. 2023­059). MINUTES: Councilmember Hernandez requested Police Chief David Valentin provide a brief overview of the item and what the UASI grant entails. He also expressed concern about having the City of Santa Ana partner with the Anaheim Police Department. Police Chief David Valentin provided a brief history of the UASI Grant and the services the grant provides. Chief Assistant City Attorney Laura Rossini reminded the Council that Item No. 21 is solely for the proposed agreement with SenseMakers LLC. MOTION: Councilmember Penaloza moved to approve the staff recommendation on Item No 21, seconded by Councilmember Bacerra. The motion carried, 6-1, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER BACERRA, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA COUNCILMEMBER HERNANDEZ NONE NONE Status: 6 – 1 – Pass 22.Approve an Agreement with PetData, Inc. for Animal Licensing Services for up to a Three­Year Term and Two One­Year Renewal Periods Department(s): Finance and Management Services Recommended Action: Authorize the City Manager to execute an agreement with PetData, Inc. for animal licensing services for a three­year period, from April 4, 2023 through April 3, 2026, with two one­year extension periods, subject to non­substantive changes approved by the City Manager and City Attorney; there is a one­time start­up fee of $1,000 and an ongoing fee of $4.30 for each one­year license processed (Agreement No. 2023­055). 23.Adopt a Resolution Approving the Construction Installment Sale Agreement with the California State Water Resources Control Board for Financing of the Septic to Sewer Island Project (Non­General Fund) Department(s): Public Works Agency Recommended Action: Adopt Resolution No. 2023­015 CITY COUNCIL 14 April 04, 2023 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING A CONSTRUCTION INSTALLMENT SALE AGREEMENT WITH THE CALIFORNIA STATE WATER RESOURCES CONTROL BOARD IN CONNECTION WITH THE FINANCING OF THE SEPTIC TO SEWER ISLAND PROJECT AND AUTHORIZING CERTAIN OTHER RELATED ACTIONS (in an amount up to $1,529,220) 24.Adopt Resolution Accepting Grant Funds from the State Coastal Conservancy for Santiago Park Trail and Habitat Restoration Plan (Non­General Fund) Department(s): Public Works Agency Recommended Action: Adopt Resolution No. 2023­016 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE GRANT OF FUNDS FROM THE STATE COASTAL CONSERVANCY FOR THE SANTIAGO PARK TRAIL AND HABITAT RESTORATION PLAN (in the amount of $400,000) 25.Adopt a Resolution to Approve the Tenant Relocation Plan for the Acquisition of Real Property at 206 and 208 South Flower Street Department(s): Public Works Agency Recommended Action: Adopt Resolution No. 2023­017 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE RELOCATION PLAN FOR THE DEVELOPMENT OF A NEW WATER WELL SITE (206 AND 208 SOUTH FLOWER STREET) 26.Fiscal Year 2022­23 Mid­Year Appropriation Requests Department(s): Finance and Management Services Recommended Action: Approve the recommended Appropriation Adjustments. (Requires five affirmative votes) **END OF CONSENT CALENDAR** MINUTES: At 9:07 P.M., the Business Calendar was considered. 27.Nominate and Appoint Representatives and Alternates to the Santa Ana River Flood Protection Agency (SARFPA), the Southern California Association of Governments (SCAG), and the Orange County Council of Governments (OCCOG) Department(s): City Clerk’s Office BUSINESS CALENDAR CITY COUNCIL 15 April 04, 2023 Recommended Action: 1. Nominate and appoint a representative and alternate to the Santa Ana River Flood Protection Agency (SARFPA). 2. Nominate and appoint a representative to the Southern California Association of Governments (SCAG) and the Orange County Council of Governments (OCCOG) and nominate and appoint an alternate to OCCOG. 3. Nominate and appoint an alternate for purposes of the SCAG Regional Conference and General Assembly Business Meeting only. 4. Direct the City Clerk to update and post the Fair Political Practices Commission (FPPC) Form 806 (Agency Report of Public Official Appointments) on the City’s website. MOTION: 1. Councilmember Vazquez moved to nominate himself as the representative for (SARFPA) and Director of Public Works Nabil Saba as the alternate, seconded by Councilmember Penaloza. 2. Councilmember Bacerra moved to nominate Mayor Amezcua as the representative and (Mayor Pro Tem as the alternate to (SCAG), seconded by Councilmember Phan. 3. Direct the City Clerk to update and post the Fair Political Practices Commission (FPPC) Form 806 (Agency Report of Public Official Appointments) on the City’s website. 28.Hear From and Consider Appointing Fernando Delgado Nominated by Councilmember Hernandez as the Ward 5 Representative to the Police Oversight Commission for a Full­Term Expiring December 10, 2024 Department(s): City Clerk Office Recommended Action: 1. Hear from Fernando Delgado, applicant and nominee to the Police Oversight Commission, Ward 5 Representative. 2. Consider appointing Fernando Delgado to the Police Oversight Commission as MOTION: Above-stated motions for appointments, including direction to staff. The motions carried, 7-0, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA NONE NONE NONE Status: 7 – 0 – Pass CITY COUNCIL 16 April 04, 2023 the Ward 5 representative, and if appointed, administer the Oath of Office. (Requires five affirmative votes.) MINUTES: Fernando Delgado thanked the Council for considering the item and allowing him to speak. He spoke of his willingness and desire to serve on the Police Oversight Commission and how he believes the commission would benefit from his experience and diversity. Councilmember Vazquez inquired about the nominee’s qualifications. Mayor Pro Tem Lopez spoke of her initial proposed requirements for members of the commission. Councilmember Phan inquired with the nominee about his ability to remain impartial and his social media presence. Mr. Delgado stated that his social media is not indicative of his true character and he is continually learning and attempting to better himself. Councilmember Bacerra spoke of his opposition to the item and asked the nominee about two social media posts, which Councilmember Bacerra previously shared with the public and staff, to which Mr. Delgado responded. Councilmember Hernandez inquired with the nominee about his ability to remain impartial and his background in civil rights. Mr. Delgado spoke of his experience during the 2020 civil unrest and the perspective he gained. Councilmember Phan spoke regarding political differences, Santa Ana being the home to the first Vietnamese refugees of the Vietnam War, and her concern with the nominee’s biases. Councilmember Hernandez spoke of his concern with bias and the First Amendment and moved to approve the nomination. Councilmember Bacerra spoke of differences of opinion and the need to be analytical of all nominees. Mayor Amezcua thanked the nominee for his attendance and inquired if he had ever participated in a police ride-along. She also inquired with Chief Assistant City Attorney Laura Rossini if the nominee's appointment would result in any liability to the City. CITY COUNCIL 17 April 04, 2023 Chief Assistant City Attorney Rossini stated that the Police Oversight Commission would not make final determinations, but rather make recommendations. **END OF BUSINESS CALENDAR** COUNCILMEMBER REQUESTED ITEMS 29.Discuss and Direct the City Manager to Direct Staff to Implement a Temporary Promotion Freeze for Police Management Until at Least 90 Percent of the Current Vacant Police Officer Positions are Filled – Mayor Amezcua MINUTES: Mayor Amezcua provided a brief background and summary of the item. Councilmember Penaloza clarified that the item is a discussion item and spoke only in support of staff returning with data regarding vacancies and patrol-to-commander ratios, prior to supporting the item. Councilmember Vazquez provided comments on the current vacancies. Mayor Pro Tem Lopez provided comments and spoke in opposition to the item. Councilmember Hernandez provided comments. City Manager Kristine Ridge recommended refraining from implementing a promotion freeze. Councilmember Bacerra spoke of his hesitation to support the item but expressed his willingness to try different approaches to ensure vacancies are filled. MOTION: Councilmember Hernandez moved to appoint Fernando Delgado to the Police Oversight Commission as the Ward 5 representative, seconded by Councilmember Vazquez. The motion failed, 3- 4, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER HERNANDEZ, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ COUNCILMEMBER BACERRA, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, MAYOR AMZECUA NONE NONE Status: 3 – 4 – Fail CITY COUNCIL 18 April 04, 2023 Councilmember Phan provided comments and spoke in opposition to the item. Police Chief David Valentin provided comments and responded to Council inquiries. CITY MANAGER COMMENTS MINUTES: City Manager Kristine Ridge announced that the Parks and Recreation Department would be hosting the “Egg-Cellent Adventure” event on Saturday April 8, 2023 at Centennial Park. COUNCIL COMMENTS AB1234 DISCLOSURE – If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended. 1 March 31 – April 1, 2023 Mayor Pro Tem Lopez – WELL 11th Annual Statewide Conference in Van Nuys, CA MINUTES: Councilmember Becerra spoke in appreciation of Agenda Item No. 8 and thanked Senator Umberg for his work related to Senate Bill 44 and Senator Sandra Nguyen for her work related to Senate Bill 62. He wished everyone a happy National Public Safety Telecommunicators Week and a good night. Councilmember Hernandez thanked everyone who provided comments during the meeting and thanked Councilmember Bacerra for shedding light on the importance of Senate Bill 44 and the dangers or fentanyl. Councilmember Vazquez provided comments on crime reduction and wished everyone a good night. Councilmember Phan thanked everyone who participated in the meeting, spoke of her recent tour of the Diemer Plant, and thanked Supervisor Sarmiento for hosting an event geared at educating the public on the recent food stamp and benefit changes. She also announced she is partnering with several nonprofits to host two free legal clinics in Ward 1 at the Newhope Library on April 4, 2023, and April 22, 2023. Mayor Pro Tem Lopez reported her AB1234 disclosure: March 31 – April 1, 2023 WELL 11th Annual Statewide Conference in Van Nuys, CA. She wished Sammy a Happy 2nd Birthday, spoke of her experience touring the Diemer Plant, thanked healthcare workers for their work, and wished everyone a good night. CITY COUNCIL 19 April 04, 2023 Councilmember Penaloza spoke regarding the OC Street Car construction, the “Mujeres Migrantes en Progeso” reunification event, the Santa Ana Police Department Awards ceremony, and wished everyone a Happy Easter. Mayor Amezcua wished all those who observe the holiday a Happy Easter, spoke regarding the OC Street Car construction business disruption, and requested an update on the Joint School Collaboration Subcommittee. She announced that her next Coffee with the Mayor event would be on April 15, 2023 at El Salvador Park. ADJOURNMENT – Adjourn the City Council meeting and convene to the Housing Authority meeting. MINUTES: Mayor Amezcua adjourned the meeting at 11:12 P.M. Respectfully Submitted, Jennifer L. Hall, CMC City Clerk CITY COUNCIL 1 April 18, 2023 DRAFT Minutes of the Special Closed Session and Regular Meeting of the City Council City of Santa Ana, California April 18, 2023 SPECIAL CLOSED SESSION MEETING – 4:30 PM REGULAR OPEN MEETING – 5:45 PM (Immediately following the Closed Session Meeting) CITY COUNCIL CHAMBER 22 Civic Center Plaza, Santa Ana, CA 92701 SPECIAL CLOSED SESSION CALL TO ORDER MINUTES: Mayor Amezcua called the Special Closed Session Meeting to order at 4:38 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 2 April 18, 2023 ROLL CALL MINUTES: City Clerk Jennifer L. Hall conducted roll call. Councilmembers Penaloza, Phan, and Vazquez, Mayor Pro Tem Lopez, and Mayor Amezcua were present. Councilmembers Bacerra and Hernandez joined the meeting during Closed Session. PUBLIC COMMENTS – Members of the public may address the City Council on Closed Session items. MINUTES: No in person or virtual public comments were received regarding Closed Session Agenda items. City Clerk Jennifer L. Hall announced that one (1) email was received regarding Closed Session Item No. 03. 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 4:39 P.M. CLOSED SESSION ITEMS – The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation: 1.CONFERENCE WITH LEGAL COUNSEL­ EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code: A.Candelario Jalomo v. City of Santa Ana, et al., Orange County Superior Court, Case No. 30­2019­01118103­CU­WT­CJC 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) Full­Time Employees 3.PUBLIC EMPLOYEE PERFORMANCE EVALUATION (California Government Code Section 54947(b)(1)) Title: City Manager 4.CONFERENCE WITH LABOR NEGOTIATOR (California Government Code Section 54957.6) Unrepresented Employee: City Manager CITY COUNCIL 3 April 18, 2023 RECONVENE: - City Council will reconvene to continue regular City business. MINUTES: Mayor Amezcua reconvened the City Council at 7:23 P.M. and recessed the Special Closed Session Meeting to be reconvened following the Regular Meeting. At 11:51 P.M., Mayor Amezcua reconvened the Special Closed Session Meeting and recessed to consider the Closed Session items. Councilmember Hernandez left the meeting at 12:16 A.M. on April 19, 2023. Mayor Amezcua reconvened the Special Closed Session Meeting. 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 from Closed Session. ADJOURNMENT – Adjourn the Special Closed Session meeting. MINUTES: Mayor Amezcua adjourned the Special Closed Session Meeting at 1:17 A.M., on April 19, 2023. CITY COUNCIL 4 April 18, 2023 CITY COUNCIL REGULAR OPEN SESSION CALL TO ORDER MINUTES: Mayor Amezcua called the Regular City Council meeting to order at 7:23 P.M. ATTENDANCE Council Members Mayor Pro Tem Phil Bacerra Johnathan Ryan Hernandez David Penaloza Thai Viet Phan Benjamin Vazquez Jessie Lopez Mayor Valerie Amezcua City Manager City Attorney City Clerk Kristine Ridge Sonia R. Carvalho Jennifer L. Hall ROLL CALL MINUTES: City Clerk Jennifer L. Hall conducted roll call. All members were present. PLEDGE OF ALLEGIANCE Jeffrey Katz WORDS OF INSPIRATION Juan Plascencia ADDITIONS\DELETIONS TO THE AGENDA MINUTES: City Clerk Jennifer L. Hall announced a revision of the recipient for the Workers’ Memorial Day Proclamation to Southern California Coalition for Occupational Safety & Health and the move of Item No. 21, the first reading of an ordinance amending Santa Ana Municipal Code Section 8-6 pertaining to license requirements, from the Consent Calendar to the Business Calendar. CEREMONIAL PRESENTATIONS 1.Certificate of Recognition presented by Mayor Amezcua to Selina Mendez for Outstanding Contributions to the Community. 2.Proclamation presented by Mayor Pro Tem Lopez and Councilmember Vazquez to Southern California Coalition for Occupational Safety & Health declaring April 28, 2023 as Workers’ Memorial Day. (Revised 4/12/23) CITY COUNCIL 5 April 18, 2023 3.Certificates of Recognition presented by Councilmember Bacerra and Councilmember Penaloza to the 2023 Santa Ana Police Athletic & Activity League Ladybug Champions for their Exceptional Athletic Performance. 4.Certificates of Recognition presented by Councilmember Penaloza to the Santa Ana Police Department’s 2023 Distinguished Service Medal Recipient, Detective Joshua Espadas, and Uniformed Officer of the Year, Officer Dominic Dominguez. 5.Proclamation presented by Councilmember Phan to Boat People SOS Center for Community Advancement declaring April 30 as Black April. MINUTES: At 7:32 P.M. Mayor Amezcua considered the agenda out of order and heard Ceremonial Presentation Item No. 03 first, followed by Item No. 02, Item No. 04, Item No. 05, and Item No. 01. MINUTES: At 8:14 P.M. Mayor Amezcua considered the agenda out of order and heard Public Comments prior to the Staff Presentations. 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: City Clerk Jennifer L. Hall reported out the summary of email comments received: seven (7) non-agenda comments, one (1) comment regarding Agenda Item No. 9, five (5) regarding Item No. 22, and three (3) regarding Item No. 24. She also announced that the Public Comment time limit would be two (2) minutes. The following speakers addressed Council via teleconference: 1. Lucy Solorzano requested Council direct staff to schedule a community meeting regarding the proposed Dog Park at Centennial Park. 2. David Ball spoke in support of Agenda Item No. 24. 3. Lisa spoke on behalf of VietRise and provided comments regarding Councilmember Bacerra and photographs presented at a previous meeting. The following speakers addressed Council in-person: 4. Johanna Lopez provided comments on an article published regarding the Santa Ana Police Department. 5. Michael Myers spoke regarding office space vacancies and the housing crisis. CITY COUNCIL 6 April 18, 2023 6. Martha Molina spoke regarding the Riverview Golf Course. 7. Irma Jauregui spoke in opposition to Agenda Item No. 24. 8. Boris Gresley spoke regarding Agenda Item No. 21. 9. Danny Vega spoke in support of Agenda Item No. 24 and the Santa Ana Police Department. 10. John Hanna spoke regarding Agenda Item No. 24 and transparency. 11. Kristian Grimaldo spoke regarding housing insecurity his family is experiencing and requested help. 12. Sarai Arpero (translation: Spanish) spoke regarding tenant rights and eviction conditions. 13. Silvia Ramos (translation: Spanish) spoke regarding tenant rights and violations. 14. Marcela Prado (translation: Spanish) spoke regarding the disruption to businesses in Downtown Santa Ana as a result of the OC Street Car construction. 15. Fernando Delgado provided comments on an article published regarding the Santa Ana Police Department and the Major Enforcement Team (MET). 16. Marie Cofinco spoke regarding her nephew’s death and police brutality. 17. Kourosh Karimi spoke in opposition to Agenda Item No. 24. 18. Jose Armendariz spoke regarding the appointment of Fernando Delgado to the Police Oversight Commission. 19. Gaurav Karan spoke regarding the appointment of Fernando Delgado to the Police Oversight Commission. 20. Ferdinand Silero commented on the healthcare workers minimum wage. 21. Ana Leon (translation: Spanish) spoke regarding signs and displays in front of downtown businesses. 22. Maria Perez (translation: Spanish) spoke regarding the closure of her business located in Downtown Santa Ana. 23. Carolyn McHardy provided comments on the Riverview Golf Course. 24. Maribel Gomez (translation: Spanish) provided comments on the disruption to businesses in Downtown Santa Ana as a result of the OC Street Car construction. CITY COUNCIL 7 April 18, 2023 25. Sonia Hernandez (translation: Spanish) provided comments on increasing the healthcare minimum wage to $25 an hour. 26. Valentin Martinez (translation: Spanish) provided comments on the disruption to businesses in Downtown Santa Ana as a result of the OC Street Car construction. 27. Jose Garay (translation: Spanish) spoke regarding trees lining his street and the issues they are causing to the sidewalks. 28. Juliet Castro (translation: Spanish) provided comments on the disruption to businesses in Downtown Santa Ana as a result of the OC Street Car construction. 29. Martin Ocampo (translation: Spanish) requested additional trash cans and security in Downtown Santa Ana. STAFF PRESENTATIONS 6.Homelessness Update MINUTES: Homeless Services Division Manager Ken Gominsky Jr. provided a brief presentation on Homeless Services Data Dashboard, drugs and homelessness, and CARE Court. RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 7 through 20. MINUTES: At 9:39 P.M., Councilmember Hernandez pulled Agenda Item No. 09 and Mayor Pro Tem Lopez pulled Agenda Item No. 20 for separate discussion and consideration. MOTION: Councilmember Bacerra moved to approve staff recommendations on the following Consent Calendar Items: 7 through 20 with the exception of Agenda Item Nos. 09 and 20, seconded by Mayor Pro Tem Lopez. The motion carried, 7-0, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA NONE NONE NONE Status: 7 – 0 - Pass CONSENT CALENDAR CITY COUNCIL 8 April 18, 2023 7.Excused Absences Department(s): City Clerk’s Office Recommended Action: Excuse the absent members. 8.Minutes from the Special Closed Session and Regular Meeting of September 20, 2022 Department(s): City Clerk’s Office Recommended Action: Approve minutes. 9.Appoint Nadin Said Nominated by Councilmember Bacerra as the Ward 4 Representative to the Police Oversight Commission for a Full­Term Expiring December 8, 2026 Department(s): City Clerk’s Office Recommended Action: Appoint Nadin Said to the Police Oversight Commission as the Ward 4 representative and administer Oath of Office. MINUTES: Councilmember Hernandez requested the item be brought back at a later date in order to allow him additional time to meet with the nominee. MOTION: Councilmember Hernandez moved to continue Item No. 09 to May 2, 2023, seconded by Councilmember Vazquez. SUBSTITUTE MOTION: Councilmember Bacerra moved to approve Item No. 09 as presented, seconded by Councilmember Penaloza. MINUTES: Mayor Amezcua requested staff the research the implementation of procedures for future nominees’ appointments. Councilmember Bacerra commented on streamlining future nominees’ appointments and suggested the nominees’ names be circulated amongst the Council prior to adding them to the agenda. SUBSTITUTE MOTION: Councilmember Bacerra moved to approve Item No. 09 as presented, seconded by Councilmember Penaloza. The motion failed, 3-4, by the following roll call vote: CITY COUNCIL 9 April 18, 2023 AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER BACERRA, COUNCILMEMBER PENALOZA, MAYOR AMEZCUA COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ NONE NONE Status: 3 – 4 - Fail MOTION: Councilmember Hernandez moved to continue Item No. 09 to May 2, 2023, seconded by Councilmember Vazquez. 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.Award a Purchase Order to Siemens Industry, Inc. in the Amount of $400,000 to Automate Heating, Ventilation, and Air Conditioning (HVAC) Building Controls at the Ross Annex (Specification No. 23­047) (General Fund) Department(s): Public Works Agency Recommended Action: Authorize a one­time purchase order and payment to Siemens Industry, Inc. for the automation of HVAC building controls on the third and fourth floors of the Ross Annex Building in the amount of $356,538, plus a contingency of $43,462 for a total amount not to exceed $400,000, subject to non­substantive changes approved by the City Manager and City Attorney. 11.Award Purchase Order to Matthews Specialty Vehicles, in the Amount of $439,922, for an F­59 Ford Chassis Book Mobile Conversion Vehicle (Specification No. 23­013) (General Fund and Cannabis Public Benefits Fund) Department(s): Public Works Agency and Library Services Agency Recommended Action: Authorize a one­time purchase and payment to Matthews Specialty Vehicles for a 2023 F9 Ford chassis book mobile conversion, in the amount of $414,922, plus a contingency of $25,000 for a total amount not to exceed $439,922, subject to non­substantive changes approved by the City Manager and City Attorney. CITY COUNCIL 10 April 18, 2023 12.Authorize a One­Time Appropriation Adjustment of $500,000 Using General Funds Balance to Increase the FY 2022­23 Annual Amount for Asphalt Pothole Repair by $300,000, and the Remaining $200,000 Will be Issued Through Emergency Purchase Order Procedures to Quickly Improve Service Levels For Pothole Repairs (Specification No. 18­092) (General Fund) Department(s): Public Works Agency Recommended Action: 1. Authorize a one­time appropriation of $500,000 using General Fund balance to 01117017 Public Works ­ Service Enhancements for FY 2022­23 Roadway Maintenance. (Requires five affirmative votes) 2.Approve an amendment to the Purchase Order Contract with All American Asphalt for asphalt pothole repair to increase the current term by $300,000, for a total annual amount not to exceed $1,200,000, and add one, two­year renewal term to the purchase order exercisable by the City Manager and City Attorney, subject to non­ substantive changes approved by the City Manager and City Attorney. 13.Award a Construction Contract to Diamond Construction & Design in the Amount of $1,374,150 for the Kennedy Elementary and Villa Fundamental Intermediate Safe Route to School (SRTS) Project With an Estimated Project Delivery Cost of $1,659,049 (Project No. 20­6963, ATPSB1L­5063(199) (General and Non­General Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an amendment to the Fiscal Year 2022­23 Capital Improvement Program to include $130,000 of funding in General Fund for the Kennedy Elementary and Villa Fundamental Intermediate SRTS. 3.Authorize the reallocation of unspent Measure M2 Local Fairshare funds from various projects; $128,316 from Bike Lane Project Development, $84,733 from Traffic Safety Project Development, and $25,000 from the Jackson Elementary Improvements Project, for a total of $238,047 to the Kennedy Elementary and Villa Fundamental Intermediate SRTS Project to complete the project’s funding requirement. 4.Award a construction contract to Diamond Construction & Design, the lowest responsible bidder, in accordance with the base bid in the amount of $1,374,150, for construction of the Kennedy Elementary and Villa Fundamental Intermediate SRTS Project, for the term beginning April 18, 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. 5.Approve the Project Cost Analysis for a total estimated construction delivery cost of $1,659,049, which includes $1,374,150 for the construction contract, $147,484 for contract administration, inspection, and testing; and a $137,415 project contingency for unanticipated or unforeseen work. CITY COUNCIL 11 April 18, 2023 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. ER­2020­96 was filed for Project 20­6963. 14.Approve Additional Contingency Funds for an Existing Construction Contract with HYM Engineering, in the Amount of $1,198,427, for the Santa Ana Zoo Giant River Otter and Primate Trials Project with an Estimated Project Delivery Cost of $7,798,427 (Project No. 16­2658) (General and Non­General Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an amendment to the Project Cost Analysis to recognize $1,198,427 for $1,056,880 in additional contingency funds and $141,547 in additional contract administration, inspection, and testing for a new estimated total construction delivery cost of $7,798,427. The new estimated total construction delivery costs include $5,289,238 for the construction contract, $923,385 for contract administration, inspection, testing, and a $1,585,804 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 2022­23 Capital Improvement Program for $1,198,427. 15.Award a Construction Contract to CJW Construction, Inc. in the Amount of $4,942,135, Approve an Amendment to the Fiscal Year 2022­23 CIP, and Approve Amendment to the Agreement with J. Smith & T. Muli, Inc. to Increase the Contract for the Centennial Lake Circulation Renovation Project with an Estimated Total Delivery Cost of $6,179,135 (Project No. 18­2681) (Revive Santa Ana program) Department(s): Public Works Agency Recommended Action: 1. Approve an amendment to the Fiscal Year 2022­23 Capital Improvement Program to include $1,342,240 of funding in American Rescue Plan Funds for the Centennial Lake Circulation Renovation project. 2.Award a construction contract to CJW Construction, Inc., the lowest responsive and responsible bidder, in accordance with the base bid in the amount of $4,942,135, for the construction of the Centennial Lake Circulation Renovation Project, for a term beginning April 18, 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. 3.Approve the Project Cost Analysis for a total estimated construction delivery cost of $6,179,135, which includes $4,942,135 for the construction contract; $742,000 for contract administration, inspection, and testing; and a $495,000 project contingency for unanticipated or unforeseen work. 4.Authorize the City Manager to execute the first amendment to the agreement CITY COUNCIL 12 April 18, 2023 with J. Smith & T. Muli, Inc. to increase the Contract Amount by $11,500, for a total amount not to exceed $61,391, for lake engineering and construction services for the remaining term of the agreement, beginning May 20, 2022 through December 31, 2023, including up to two additional one­year periods upon a writing executed by the City Manager and City Attorney (Agreement Nos. 2023-061 and 2023-062). 5.Determine the recommended actions are exempt for further review in accordance with the California Environmental Quality Act as Categorical Exemption Environmental Review No. ER­2023­31 was filed for Project 18­2681. 16.Approve Agreements with Hillsborough Fence Company, J & A Engineering Corporation, and Quality Fence Co. Inc., for a Total Amount Not to Exceed $3,000,000, for up to a Five­Year Term for As­Needed Installation, Maintenance, and Repair for Fencing and Gate Services (Non­General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute agreements with Hillsborough Fence Company, J & A Engineering Corporation, and Quality Fence Co. Inc. to provide on­call installation, maintenance, and repair for fencing and gates, for a shared aggregate amount not to exceed $3,000,000 for a three­year term beginning April 18, 2023 and expiring April 18, 2026, with provisions for two, one­year extensions, subject to non­substantive changes approved by the City Manager and City Attorney (Core Agreement No. 2023-063). 17.Approve Agreements with AESCO, Inc., Kleinfelder, Inc., and RMA Group, Inc., for a Total Amount Not to Exceed $2,950,000, for On­Call Material Testing and Special Inspection Services (Non­General Fund) Department(s): Public Works Agency Recommended Action: 1. Authorize the City Manager to execute a Caltrans federally procured agreement with AESCO, Inc., Kleinfelder, Inc., and RMA Group, Inc. to provide On­Call Material Testing and Special Inspection Services, for a shared aggregate amount not to exceed $950,000, for a term beginning April 18, 2023 and expiring July 5, 2024, with provisions for two, one­year extensions, subject to non­ substantive changes approved by the City Manager and City Attorney (Core Agreement No. 2023-064). 2.Authorize the City Manager to execute the first amendment to the standard agreement with AESCO, Inc., Kleinfelder, Inc., and RMA Group, Inc. to provide On­Call Material Testing and Special Inspection Services, and increase the contract amount by $1,000,000 for a total amount not to exceed $2,000,000, for the remaining term through July 5, 2024, subject to non­substantive changes approved by the City Manager and City Attorney (Core Agreement No. 2023-065). CITY COUNCIL 13 April 18, 2023 18.Approve First Amendment to Agreement with Elite Special Events, Inc. to Increase the Not­to­Exceed Amount by $20,000 per Year through June 30, 2023, for a Total Agreement Amount of $38,050, to Provide Event Equipment and Services at Various City Events (General Fund) Department(s): Parks, Recreation, and Community Services Recommended Action: Authorize the City Manager to execute the first amendment to the agreement with Elite Special Events to provide event equipment and services for various City events, to increase the amount by $20,000, for a total not­to­exceed amount of $38,050, through June 30, 2023, subject to non­substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-066). 19.Historic Property Preservation Agreement Department(s): Planning and Building Agency Recommended Action: Authorize the City Manager or designee to execute the attached Mills Act agreement with the below­referenced property owners for the identified structure(s), subject to non­substantive changes approved by the City Manager and City Attorney (includes determination that the proposed project is exempt from further review in accordance with the California Environmental Quality Act (CEQA) as the following Categorical Exemption will be filed for this project: ER No. 2023­10). Property Owner(s), Historic Property Preservation Agreement No., Address/House, Vote by HRC Brian and Krystle Newquist, 2023­01, 2311 N. Benton Way, 8:1:0:0 (Murashie dissented) (Agreement No. 2023-067) 20.Adopt a Resolution to Authorize the City Manager to Accept the California Automated Permit Processing Program Grant in the Amount of $100,000 and Execute the Grant Agreement with the State of California Energy Commission, and Approve an Appropriation Adjustment Recognizing Funds Department(s): Planning and Building Agency Recommended Action: 1. Adopt Resolution No. 2023-018 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE RECEIPT OF FUNDS FROM THE CALIFORNIA ENERGY COMMISSION FOR THE CALIFORNIA AUTOMATED PERMIT PROCESSING PROGRAM (includes determination that the proposed action is exempt from further review pursuant to Section 15061(b)(3) of the California Environmental Quality Act (CEQA) and the CEQA Guidelines as there is no potential for any environmental impact). 2.Approve an appropriation adjustment recognizing the CalAPP grant funds, in the amount of $100,000, to revenue account number and appropriate same to CITY COUNCIL 14 April 18, 2023 expenditure account numbers. (Requires five affirmative votes) MINUTES: Mayor Pro Tem Lopez requested staff provide the public information regarding the current solar panel state program. MOTION: Mayor Pro Tem Lopez moved to approve the recommended action for Agenda Item No. 20, 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 **END OF CONSENT CALENDAR** MINUTES: At 9:51 P.M., the Business Calendar was considered. 21.First Reading of an Ordinance to Amend Section 8­6 of the Santa Ana Municipal Code (SAMC) Pertaining to License Requirements of Contractors and Subcontractors to Include the Collection and Disclosure of Information Regarding Pending or Prior Enforcement Actions for any State or Federal Labor Violations (Revised 4/12/23) Department(s): Planning and Building Agency Recommended Action: Conduct a first reading of Ordinance Amendment No. 2023­ 02 – An ordinance of the City Council of the City of Santa Ana amending Section 8­6 of the Santa Ana Municipal Code (SAMC) pertaining to license requirements of contractors and subcontractors to include the collection and disclosure of information regarding pending or prior enforcement actions for any state or federal labor violations. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SANTA ANA MUNICIPAL CODE SECTION 8­6 RELATING TO LICENSE REQUIREMENTS OF CONTRACTORS AND SUBCONTRACTORS (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 result in a direct or reasonably foreseeable indirect physical change in the environment, as there is no possibility it will have a BUSINESS CALENDAR CITY COUNCIL 15 April 18, 2023 significant effect on the environment, and it is not a “project,” as defined in Section 15378 of the CEQA Guidelines). MOTION: Councilmember Penaloza moved to approve the recommended action for Agenda Item No. 21, 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 22.Early Direction for Fiscal Year 2023­24 Budget Cycle Department(s): Finance and Management Services Recommended Action: Provide early budget direction to staff for the upcoming fiscal year. MINUTES: Director of Finance Management Services Kathryn Downs provided a brief presentation. Discussion ensued regarding the Fiscal Year 2023-24 Budget Cycle. Councilmember Penaloza provided direction regarding the current commissioner payment amount, spay and neuter programs, and the opioid settlement services. Councilmember Vazquez commented on library services, community events, housing services, and a school liaison. Councilmember Hernandez spoke in support of a trap, neuter, and release program. He provided direction to staff regarding a new youth center, additional senior centers, breakfast programs, Fiestas Patrias, street improvements, and additional youth services. Councilmember Phan spoke regarding street maintenance, additional youth services, library services, opioid settlement services, and community event funding. Councilmember Bacerra provided comments on traffic signal improvements, community police staffing, cannabis tax rates, opioid settlement services, and new revenue generators. CITY COUNCIL 16 April 18, 2023 Mayor Pro Tem Lopez provided comments on future community surveys, general funding expenditures, animal control services, and opioid settlement services. Mayor Amezcua provided comments on youth programs, additional police officers, additional code enforcements officers, gang prevention programs, expansion of the Discovery Cube, crossing guards, and opioid settlement services. 23.Resolution Declaring the Termination of Local Emergency Regarding the COVID­19 Pandemic Department(s): City Manager’s Office Recommended Action: Adopt Resolution No. 2023-019 A RESOLUTION OF THE SANTA ANA CITY COUNCIL DECLARING THE TERMINATION OF THE PROCLAMATION OF A LOCAL EMERGENCY REGARDING THE CORONAVIRUS (COVID­19) PANDEMIC MINUTES: City Manager Kristine Ridge provided a brief summary of the item. MOTION: Mayor Amezcua moved to approve the recommended action for Agenda Item No. 23, seconded by Councilmember Bacerra. The motion carried, 5-0, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER BACERRA, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ, MAYOR AMEZCUA NONE NONE MAYOR PRO TEM LOPEZ, COUNCILMEMBER HERNANDEZ Status: 5 – 0 - 2 – Pass 24.Resolution Declaring Opposition to Assembly Bill 742 (Jackson) Department(s): City Manager’s Office Recommended Action: Adopt Resolution No. 2023-020 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA OPPOSING CALIFORNIA ASSEMBLY BILL 742 (JACKSON) MINUTES: Senior Management Analyst Daniel Soto provided a brief presentation. Council discussion ensued regarding the Resolution Declaring Opposition to Assembly Bill 742. CITY COUNCIL 17 April 18, 2023 MOTION: Councilmember Penaloza moved to approve the recommended action for Agenda Item No. 24, seconded by Mayor Amezcua. The motion carried, 5-2, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER BACERRA, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA COUNCILMEMBER HERNANDEZ, COUNCILMEMBER VAZQUEZ NONE NONE Status: 5 – 2 – Pass **END OF BUSINESS CALENDAR** 25. Sunshine Ordinance Amendments Work Study Session Department(s): Planning and Building Agency Recommended Action: Discuss and provide direction to staff. MINUTES: At 11:33 P.M., the Work Study Session was considered. Director of Planning and Building Minh Thai announced that he had provided Council a summary of proposed changes. Council had no additional questions or comments. CITY MANAGER COMMENTS MINUTES: Assistant City Manager Steven Mendoza made community announcements regarding the 5K and 10K races and the Dia De Los Ninos Event. 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 April 12–14, 2023 Mayor Amezcua – League of California Cities City Leaders Summit in Sacramento, CA WORK STUDY SESSION CITY COUNCIL 18 April 18, 2023 MINUTES: Councilmember Vazquez provided comments on the upcoming Fiestas Patrias event and congratulated his students for winning a bronze medal at a recent speech competition. Councilmember Hernandez thanked residents for their participation and wished everyone a goodnight. Councilmember Bacerra thanked the City of Orange for their assistance and advocating for an additional bus stop for the City and wished everyone a good night. Councilmember Phan provided comments on Astiva Health, the Los Amigos High School English and Civics Department, a free legal clinic she hosted at Newhope Library, and the importance of Sexual Assault Awareness Month. Councilmember Penaloza commented on Sexual Assault Awareness Month, Denim Day, requested the water tower be lit up in teal in recognition of Sexual Assault Awareness month, and congratulated Norma Orozco on her promotion to Senior Deputy City Clerk. Mayor Pro Tem Lopez announced that the Orange County Transportation (OCTA) is looking for participants for their teen council and spoke of the importance of public transportation. Mayor Amezcua announced that Republic Services would be hosting a free compost event on April 29, 2023 at Centennial Park. She disclosed her participation in the League of California Cities City Leaders Summit in Sacramento. She summarized her first Coffee with the Mayor event and the City’s Easter event. Mayor Amezcua announced that Council would be adjourning the Regular Meeting and reconving the Special Closed Session meeting at 11:51 P.M. ADJOURNMENT – Adjourn the City Council meeting. MINUTES: Mayor Amezcua adjourned the City Council Regular Meeting at 11:51 P.M. Respectfully submitted: ___________________________ Jennifer L. Hall, CMC City Clerk