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HomeMy WebLinkAboutItem 05 - Draft Minutes from the Regular Meetings of June 6, 2023 and June 20, 2023 CITY COUNCIL 1 June 06, 2023 DRAFT Minutes of the Regular Meeting of the City Council City of Santa Ana, California June 06, 2023 CLOSED SESSION MEETING – 5:00 P.M. REGULAR OPEN MEETING – 5:45 P.M. (Immediately following the Closed Session Meeting) CITY COUNCIL CHAMBER 22 Civic Center Plaza, Santa Ana, CA 92701 CLOSED SESSION CALL TO ORDER MINUTES: Mayor Amezcua called the Closed Session meeting to order at 5:17 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 June 06, 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. Councilmember Hernandez joined the meeting during Closed Session. Councilmember Bacerra was absent. ADDITIONS\DELETIONS TO CLOSED SESSION MINUTES: None. Councilmember Phan reported a recusal on Closed Session Item No. 01 as Dyer 18, LLC is a client of her employer Rutan & Tucker. PUBLIC COMMENTS – Members of the public may address the City Council on Closed Session items. MINUTES: No public comments were received regarding Closed Session items. RECESS – City Council will recess to Closed Session for the purpose of conducting regular City business. MINUTES: Mayor Amezcua recessed to consider the Closed Session items at 5:21 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. City of Santa Ana v. Dyer 18 LLC, Orange County Superior Court, Case No. 30- 2022-01248172 B. City of Santa Ana v. Dyer 18 LLC, United States District Court, Case No. 8:22-cv- 00433 2. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a): Agency Negotiators: Jason Motsick, Human Resources Executive Director Employee Organizations: Santa Ana Police Officers Association (POA) RECONVENE – City Council will reconvene to continue regular City business. CITY COUNCIL 3 June 06, 2023 CITY COUNCIL REGULAR OPEN SESSION CALL TO ORDER MINUTES: Mayor Amezcua called the Regular City Council meeting to order at 5:57 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 (arrived at 6:05 P.M.) Hernandez, Penaloza, Phan, and Vazquez, Mayor Pro Tem Lopez, and Mayor Amezcua were present. PLEDGE OF ALLEGIANCE Boy Scout Troop 132 WORDS OF INSPIRATION Pastor Matt Doan, Calvary Church Santa Ana ADDITIONS\DELETIONS TO THE AGENDA MINUTES: City Clerk Jennifer Hall reported that an updated agenda was posted on May 31, 2023 to standardize the print, PDF, and HTML versions of the agenda and to note that approval of the budget requires five affirmative votes. CEREMONIAL PRESENTATIONS 1. Proclamation presented by Mayor Pro Tem Lopez to Moms Demand Action declaring June 2, 2023, as National Gun Violence Awareness Day. 2. Proclamation presented by Councilmember Phan to Da Màu Foundation declaring June 2023, as National Immigrant Heritage Month. CLOSED SESSION REPORT MINUTES: City Attorney Carvalho stated there was nothing to report. CITY COUNCIL 4 June 06, 2023 PUBLIC COMMENT – Public comments will be held during the beginning of the meeting for ALL comments on agenda and non-agenda items, with the exception of public hearings. Comments for public hearings will take place after the hearing is opened. MINUTES: At 6:19 P.M., Public Comments were heard. City Clerk Jennifer L. Hall reported out the summary of email comments received: seven (7) non-agenda comments and two (2) comments regarding Agenda Item No. 51. The following speakers addressed Council via teleconference: 1. Linda spoke in support of a citywide low cost trap, neuter, and release program. 2. Debbie Hamell spoke in support of a citywide low cost trap, neuter, and return program. 3. Anne Gildersleeve spoke in support of a citywide low cost trap, neuter, and return program. 4. Adrianne Henderson spoke in support of a citywide low cost trap, neuter, and return program. 5. Deanna Schapiro, Second Chance Pet Adoption, spoke in support of a low cost trap, neuter, and return program. 6. Meredith Kirby, Orange County Community Cats spoke in support of a low cost trap, neuter, and return program. 7. Lorena Bursiaga spoke in support of a low cost trap, neuter, and return program. The following speakers addresses Council in-person. 8. Cathy Green spoke of her goals as Orange County Water District President. 9. Ernesto Medrano opposed staff’s recommendation for Item 51 and requested Council adopt the Los Angeles and Orange County Building Trade’s recommendation. 10. Kenneth Williams spoke in opposition to staff’s recommendation for Item 51 and requested Council adopt the Los Angeles and Orange County Building Trade’s recommendation. 11. Doug Mangione opposed staff’s recommendation for Item 51 and requested Council adopt the Los Angeles and Orange County Building Trade’s recommendation. 12. Tony Flores spoke on behalf of Assembly Member Avellino Valencia in support of Agenda Item No. 51. 13. Haitham Awainela requested Council adopt the Los Angeles and Orange County Building Trade’s recommendation. CITY COUNCIL 5 June 06, 2023 14. Lindsey A. provided comments on the building trade and union workers. 15. David Suarez provided comments regarding additional dueling units and short-term rentals. 16. Brian Germain, Sheet Metal Workers 105, requested Council reject staff’s recommendation for Agenda Item No. 51 and adopt the Los Angeles and Orange County Building Trade’s recommendation. 17. Luis Aleman requested Council reject staff’s recommendation for Agenda Item No. 51 and adopt the Los Angeles and Orange County Building Trade’s recommendation. 18. John Hanna spoke in support of the Los Angeles and Orange County Building Trade’s recommendation 19. Tony de Trinidad requested Council reject staff’s recommendation for Agenda Item No. 51. and approve the Los Angeles and Orange County Building Trade’s recommendation. 20. Carolyn Reyes provided comments in support of Nellie LeGaspe. 21. Leslie Gutierrez spoke on behalf of Nati Alvarado and requested continued funding for the non-profit Neutral Ground. 22. Dale Helvig provided comments on D-Day and spoke in remembrance of those who served in World War II. 23. Fernando Delgado provided comments on transgender rights, the Ward 3 recall election, and youth services. 24. Tina Davidson, president of the Santa Ana Historical Preservation Society, provided comments on the Dr. Willella Howe-Waffle House. 25. Laura Morfin requested Council’s assistance with the homeless issue in the Santiago Springs community. 26. Derek Smith requested Council reject staff’s recommendation on Agenda Item No. 51 and approve the Los Angeles and Orange County Building Trade’s recommendation. 27. Roger Chavez provided comments regarding the Neutral Ground Boxing Club and requested continued funding for the non-profit Neutral Ground. 28. Nellie LeGaspe provided comments on Indigenous Peoples’ Day. 29. Heidi Lucero provided comments on Lupe Lopez and spoke in support of Nellie LeGaspe. 30. Louie Medina provided comments in support of Nellie LeGaspe. 31. Bulmaro Vicente provided comments regarding the Police Oversight Commission nominee Evangeline Gawronski. 32. Mrs. Cameron provided comments regarding Orange County Housing Authority member James Mai. CITY COUNCIL 6 June 06, 2023 33. Jessica Cogill provided comments in support of Nellie LeGaspe. MINUTES: At 7:36 P.M., Mayor Amezcua considered the agenda out of order and heard Item No. 51 prior to the Consent Calendar. 51. Approve Proposed Community Workforce Agreement (CWA) with the Los Angeles/Orange Counties Building and Construction Trades Council and the Signatory Craft Councils and Unions Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute the Community Workforce Agreement with the Los Angeles/Orange Counties Building and Construction Trades Council and the Signatory Craft Councils and Unions for Public Works Construction Contracts over the recommended thresholds of $2,500,000 and Specialty Contracts over $1,000,000, for a ten-year term beginning June 6, 2023 and ending June 6, 2033, subject to non-substantive changes approved by the City Manager and the City Attorney (Agreement No. 2023-114). MINUTES: Mayor Amezcua moved to amend Section 2.2.1 to $750,000 and Section 2.2.2 to $100,000. Councilmember Bacerra requested the following amendments:  In Section 2.2 add the following language: “As project work covered by this agreement for any affordable housing projects that receive City funds.’  Replace the California Construction Cost Index (CCCI) with annual reports to the City Council Councilmember Phan requested a five-year Community Workforce Agreement. MOTION: Mayor Amezcua moved to approve the agreement with the following amendments: Section 2.2.1 to $750,000, Section 2.2.2 to $100,000, including affordable housing projects that receive City funding, and using annual reports to City Council in lieu of the California Construction Cost Index (CCCI), seconded by Councilmember Hernandez. The motion carried, 7-0, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA NONE NONE NONE Status: 7 – 0 – Pass CITY COUNCIL 7 June 06, 2023 RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 3 through 50. MINUTES: At 7:51 P.M., the Consent Calendar was considered. Councilmember Hernandez pulled Item No. 06, Councilmember Phan pulled Item No. 10, and Councilmember Penaloza pulled Item No. 25 for separate discussion and consideration. Mayor Amezcua requested a brief comment on Agenda Item Nos. 42, 43 , and 47. MOTION: Councilmember Hernandez moved to approve staff recommendations on the following Consent Calendar Items: 3 through 30 with the exception of Agenda Item Nos. 6, 10, and 25, seconded by Mayor Amezcua. The motion carried, 7-0, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA NONE NONE NONE Status: 7 – 0 – Pass 3. Excused Absences Department(s): City Clerk’s Office Recommended Action: Excuse the absent members. 4. Minutes from the Special Closed Session and Regular Meeting of November 1, 2022. Department(s): City Clerk’s Office Recommended Action: Approve minutes. 5. Appoint Amalia Mejia Nominated by Councilmember Hernandez as the Ward 5 Representative to the Police Oversight Commission for a Full-Term Expiring December 10, 2024 Department(s): City Clerk’s Office Recommended Action: Appoint Amalia Mejia to the Police Oversight Commission as the Ward 5 representative and administer the Oath of Office. (Pursuant to SAMC Sec. 2-326(a) requires five affirmative votes) MINUTES: Councilmember Hernandez administered the Oath of Office to Amalia Mejia. CONSENT CALENDAR CITY COUNCIL 8 June 06, 2023 6. Appoint Evangeline Gawronski Nominated by Councilmember Penaloza as the Ward 6 Representative to the Police Oversight Commission for a Full-Term Expiring December 8, 2026 Department(s): City Clerk’s Office Recommended Action: Appoint Evangeline Gawronski to the Police Oversight Commission as the Ward 6 representative and administer Oath of Office. MINUTES: Councilmember Hernandez moved to continue Item No. 6, seconded by Councilmember Vazquez. Councilmember Penaloza made a substitute motion to approve the recommended action, seconded by Mayor Amezcua. MOTION: Councilmember Hernandez moved to continue the item, seconded by Councilmember Vazquez. SUBSTITUTE MOTION: Councilmember Penaloza moved to approve the recommended action for Agenda Item No. 6, seconded by Mayor Amezcua. The substitute motion carried, 4-3, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER BACERRA, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, MAYOR AMEZCUA COUNCILMEMBER HERNANDEZ, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ NONE NONE Status: 4 – 3 – Pass MINUTES: City Clerk Jennifer L. Hall administered the Oath of Office to Evangeline Gawronski. 7. Appoint Martha Rivera Nominated by Councilmember Penaloza as the Ward 6 Representative to the Arts and Culture Commission for a Full-Term Expiring December 8, 2026 Department(s): City Clerk’s Office Recommended Action: Appoint Martha Rivera to the Arts and Culture Commission as the Ward 6 representative and administer Oath of Office. MINUTES: City Clerk Jennifer L. Hall administered the Oath of Office to Martha Rivera. CITY COUNCIL 9 June 06, 2023 8. Appoint Mark S. McLoughlin Nominated by the Santa Ana Chamber of Commerce to the Environmental and Transportation Advisory Commission (ETAC) as the Santa Ana Chamber of Commerce Representative for a Term Expiring June 8, 2027. Department(s): City Clerk’s Office Recommended Action: Appoint Mark S. McLoughlin to the Environmental and Transportation Commission as the Santa Ana Chamber of Commerce representative and administer the Oath of Office. MINUTES: City Clerk Jennifer L. Hall administered the Oath of Office to Mark S. McLoughlin. 9. Receive and File Quarterly Report of Contracts up to $50,000 for Non-Public Works and up to $250,000 for Public Works Authorized by the City Manager as Permitted by Charter Section 421 Department(s): Finance and Management Services Recommended Action: Receive and file Quarterly Report of Contracts entered into between January 1, 2023 to March 31, 2023, valued at up to $50,000 for non-public works contracts and agreements and up to $250,000 for public works contracts and agreements. 10. Approve the Recognition of $84,582.90 of Revenue for Certain Unclaimed Monies from Various City Funds (General Fund) Department(s): Finance and Management Services Recommended Action: Approve the recognition of $84,582.90 of revenue in the General Fund for certain unclaimed deposits, as allowed by state law. MINUTES: Councilmember Phan inquired about appropriating the fund ing for the repair of the “Little Saigon” sign. Councilmember Penaloza inquired about the origin of unclaimed funds related to the Library Department. MOTION: Councilmember Phan moved to approve the recommended action for Item No. 10, 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 CITY COUNCIL 10 June 06, 2023 MINUTES: At 8:12 PM, Mayor Amezcua considered the agenda out of order and heard Public Hearing Item No. 54 after Agenda Item No. 10. 54. Public Hearing: City Council De Novo Review of Planning Commission Decision Regarding Conditional Use Permit No. 2023-09 – Mariscos Hector ABC License Legal notice published in the Orange County Reporter on May 24, 2023 and notices mailed on said date. Department(s): Planning and Building Agency Recommended Action: It is recommended that the City Council take the following actions: 1. Conduct a De Novo review of the Planning Commission’s approval of Conditional Use Permit No. 2023-09 for consistency with the General Plan and compliance with the Zoning Ordinance, and consider any concerns raised by the City Council, the public, and interested parties regarding the project; and 2. Based on the De Novo review, the City Council may choose to uphold or modify the Planning Commission’s approval, make the appropriate findings to deny the Conditional Use Permit and direct staff to prepare a resolution for adoption, or refer the Conditional Use Permit back the Planning Commission for reconsideration and analysis of the issues raised by the City. If approved, adopt RESOLUTION NO. 2023-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO CONDUCT A DE NOVO REVIEW OF THE PLANNING COMMISSION’S APPROVAL OF CONDITIONAL USE PERMIT NO. 2023-09 AS CONDITIONED TO ALLOW SALE OF DISTILLED SPIRITS IN ADDITION TO EXISTING BEER AND WINE SALES FOR ON-PREMISES CONSUMPTION AT MARISCOS HECT OR SPORTS GRILL LOCATED AT 1208 EAST MCFADDEN AVENUE (includes determination that the project is categorically exempt from further review under the California Environmental Quality Act (CEQA) per Section 15301 (Class 1 – Existing Facilities)). MINUTES: Mayor Amezcua opened the public hearing at 8:13 P.M. 1. Arthur Newton, legal counsel for Mariscos Hector and Maria Sebold, provided comments on behalf of his client. 2. Nicole Olivas addressed the Council via teleconference and spoke in support of Mariscos Hector. The following speakers addressed Council in person: 3. Jose Rea spoke in opposition to Mariscos Hector. 4. Manuel Granados spoke in opposition to the approval of an ABC License for Mariscos Hector. CITY COUNCIL 11 June 06, 2023 5. Leonel Flores spoke in opposition to the approval of an ABC License for Mariscos Hector. 6. Sarahi Gutierrez spoke regarding a petition she submitted to Council in opposition to the approval of an ABC License for Mariscos Hector. 7. Felix Bentes (translation: Spanish) spoke in support of Mariscos Hector. 8. Adriana Estrada spoke in support of Mariscos Hector. 9. Richard Wynn spoke in support of Maria Sebold and Mariscos Hector. 10. Enrique Mendoza spoke in support Mariscos Hector. 11. Donaciano Valvuena (translation: Spanish) spoke in support of Mariscos Hector. 12. Rosalinda Aguilar (translation: Spanish) spoke in support of Mariscos Hector and the training she has received while working for the restaurant. 13. Carel Cardoso (translation: Spanish) spoke in support of Mariscos Hector and requested Council approve the ABC License. 14. Alejandro Cabrera spoke in support of Mariscos Hector and the approval of an ABC License. 15. Jose Tariffa spoke in support of an ABC License for Maricos Hector. 16. Blaz Perez spoke in support of Maria Sebold and Mariscos Hector. 17. Gustavo Urrea spoke in support of Mariscos Hector and the assistance Maria Sebold has provided for Chavez High School. 18. Richard Garcia spoke in support of Mariscos Hector. 19. Arthur Newton, legal counsel for Mariscos Hector and Maria Sebold, provided a rebuttal to comments provided by the public. At 8:59 P.M., seeing no additional speakers, Mayor Amezcua closed the public hearing. Councilmember Bacerra commented on the crime statistics regarding Mariscos Hector and the public noticing done by staff. Councilmember Phan inquired about the crime statistics regarding Mariscos Hector and reported that she had met with the applicant. Police Chief David Valentin answered questions regarding the crime statistics report provided to Council. Mayor Pro Tem Lopez inquired about the Planning Commission analysis. CITY COUNCIL 12 June 06, 2023 Councilmember Penaloza inquired about the number of license s within the census tract and media he has received regarding a secondary location. Councilmember Bacerra requested staff provide the Council and the Planning Commission a report detailing the types of calls for service. Councilmember Penaloza moved to deny the Conditional Use Permit, seconded by Mayor Amezcua. MOTION: Councilmember Penaloza moved to direct staff to prepare a resolution to deny Conditional Use Permit 2023-09 with findings that the proposed use would not provide a source of general well-being of the surrounding community, seconded by Mayor Amezcua. The motion carried, 7-0, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA NONE NONE NONE Status: 7 – 0 – Pass 11. Approve Prepayment for the City’s Contribution to Both the CalPERS Miscellaneous and Safety Employee Pension Unfunded Liability for Fiscal Year (FY) 2023-24 Department(s): Finance and Management Services Recommended Action: 1. Approve a $9,568,651 pre-payment for the City’s annual Unfunded Actuarial Liability to California Public Employees Retirement System (CalPERS) – Miscellaneous Plan for Fiscal Year 2023-24, to save $319,984. 2. Approve a $12,780,268 pre-payment for the City’s annual Unfunded Actuarial Liability to California Public Employees Retirement System (CalPERS) – Safety Plan for Fiscal Year 2023-24, to save $427,383. 12. Approve a Purchase Order in the Amount of $175,572 to The Charles Machine Works,Inc. for Sewer Lining Tools (Specification No. 23-023) (Non-General Fund) Department(s): Public Works Agency Recommended Action: Authorize a one-time purchase order to The Charles Machine Works, Inc. for the purchase of sewer lining tools in the amount of $146,310, plus a contingency of $29,262, for a total amount not to exceed $175,572 subject to non-substantive changes approved by the City Manager and City Attorney. CITY COUNCIL 13 June 06, 2023 13. Award a Purchase Order to Core & Main, LP for One Dri-Prime SD150M Diesel Pump in an Amount Not to Exceed $55,589 (Specification No. 23-045) (Non-General Fund) Department(s): Public Works Agency Recommended Action: Award a one-time purchase and payment of Purchase Order to Core & Main, LP for one Dri-Prime SD150M Diesel Pump, in an amount not to exceed $55,589, subject to non-substantive changes approved by the City Manager and City Attorney. 14. Award a Purchase Order to Bragg Investment Company, Inc., dba Coastline Equipment, for a John Deere 410L Backhoe in an Amount Not to Exceed $190,026 (Specification No. 23-077) (General and Non-General Funds Department(s): Public Works Agency Recommended Action: Authorize a one-time purchase and payment of a purchase order to Bragg Investment Company, Inc., dba Coastline Equipment, for one John Deere 410L Backhoe, in the amount of $185,026, plus a contingency amount of $5,000, for a total amount not to exceed $190,026, subject to non-substantive changes approved by the City Manager and City Attorney. 15. Award a Purchase Order to Terex Utilities, Inc. for an Aerial/Tree Trimmer Combo Truck in an Amount Not to Exceed $426,129 (Specification No. 23-076) (General Fund and Non-General Fund) Department(s): Public Works Agency Recommended Action: Authorize a one-time purchase and payment of a purchase order to Terex Utilities, Inc. for one Terex Hi-Ranger XTPro 60 Aerial/Tree Trimmer combo truck, in the amount of $406,129 plus a contingency amount of $20,000, for a total amount not to exceed $426,129, subject to non-substantive changes approved by the City Manager and City Attorney. 16. Award a Purchase Order to Sandbag Store, LLC. for an Ultimate Bagger Machine in an Amount Not to Exceed $60,029 (Specification No. 23-083) (Non-General Fund) Department(s): Public Works Agency Recommended Action: Authorize a one-time purchase and payment of a purchase order to Sandbag Store, LLC. for one Ultimate Bagger machine, in the amount of $55,029 plus a contingency of $5,000, for a total amount not to exceed $60,029, subject to non-substantive changes approved by the City Manager and City Attorney. CITY COUNCIL 14 June 06, 2023 17. Award a Purchase Order to Pres Tech Equipment Company for a Vacuum Excavator in an Amount Not to Exceed $107,759 (Specification No. 23-088) (General Fund) Department(s): Public Works Agency Recommended Action: Authorize a one-time purchase and payment of a purchase order to Pres Tech Equipment Company for one Pacific Tek PV500 Vacuum Excavator Trailer, in the amount of $97,759 plus a contingency amount of $10,000, for a total amount not to exceed $107,759, subject to non-substantive changes approved by the City Manager and City Attorney. 18. Award a Purchase Order to PB Loader Corporation for a Flatbed Truck with Cement Mixer in an Amount Not to Exceed $159,989 (Specification No. 23-087) (Non-General Fund) Department(s): Public Works Agency Recommended Action: Authorize a one-time purchase and payment of a purchase order to PB Loader Corporation for one Flatbed Truck with Cement Mixer, in the amount of $149,989 plus a contingency amount of $10,000, for a total amount not to exceed $159,989, subject to non-substantive changes approved by the City Manager and City Attorney. 19. Award a Purchase Order to BAUSS Manufacturing Inc. for Five Portable Restroom Trailers in an Amount Not to Exceed $79,437 (Specification No. 23-066) (Non- General Fund) Department(s): Public Works Agency Recommended Action: Authorize a one-time purchase and payment of a purchase order to BAUSS Manufacturing Inc. for five Portable Restroom Trailers, in the amount of $69,437 plus a contingency amount of $10,000, for a total amount not to exceed $79,437, subject to non-substantive changes approved by the City Manager and City Attorney. 20. Award Purchase Orders to Guaranty Chevrolet Motors, Inc. and Penske Chevrolet of Cerritos in an Aggregate Amount Not to Exceed $1,256,274 (Specification No. 23- 055A) (General Fund and Non-General Fund) Department(s): Public Works Agency Recommended Action: 1. Authorize a one-time purchase and payment of purchase order to Guaranty Chevrolet Motors, Inc. for 20 Chevrolet Vehicles (various models), in the amount of $1,020,752, plus a contingency amount of $125,000, for a total amount not to exceed $1,145,752, subject to non-substantive changes approved by the City Manager and City Attorney. 2. Authorize a one-time purchase and payment of purchase order to Penske Chevrolet of Cerritos for one 2500HD Service Body Truck, in the amount of $100,522, plus a contingency amount of $10,000, for a total amount not to exceed $110,522, subject to non-substantive changes approved by the City Manager and City Attorney. CITY COUNCIL 15 June 06, 2023 21. Award a Purchase Order to Tolar Manufacturing for Advertising and Non-Advertising Bus Shelters, Bus Benches, and Trash Containers in the Amount of $776,528 (Project 22-6999) (Non-General Fund) Department(s): Public Works Agency Recommended Action: Authorize a one-time purchase and payment of purchase order to Tolar Manufacturing for 30 advertising shelters, 18 non-advertising shelters, 58 bus benches, and 67 trash containers, for a total amount not to exceed $776,528, subject to non-substantive changes approved by the City Manager and City Attorney. 22. Award a Purchase Order to PFVT Motors, Inc. for one Ford F-150 Police Responder Truck in an Amount Not to Exceed $66,613 (Specification No. 23-075) (Non-General Fund) Department(s): Public Works Agency Recommended Action: Authorize a one-time purchase and payment of purchase order to PFVT Motors, Inc. for one Ford F-150 Police Responder Truck, in an amount not to exceed $56,613, plus a contingency amount of $10,000 for a total amount not to exceed $66,613, subject to non-substantive changes approved by the City Manager and City Attorney. 23. Award a Purchase Order to MMLJ, Inc. for a Dustless Blasting Machine in an Amount Not to Exceed $78,979 (Specification No. 23-084) (General Fund) Department(s): Public Works Agency Recommended Action: Authorize a one-time purchase and payment of a purchase order to MMLJ, Inc. for one DB800 Mobile XL Dustless Blasting Machine on XL Trailer, in the amount of $73,979, plus a contingency amount of $5,000, for a total amount not to exceed $78,979, subject to non-substantive changes approved by the City Manager and City Attorney. 24. Award a Blanket Order Contract to SiteOne Landscape Supply for Landscaping and Nursery Materials in a Not-To-Exceed Amount of $2,500,000 (Specification No. 23-018) (General Fund) Department(s): Public Works Agency Recommended Action: Award a blanket order contract to SiteOne Landscape Supply for the purchase of landscaping and nursery materials on an as-needed basis, in an annual amount not to exceed $500,000 with a total aggregate contract amount not to exceed $2,500,000, for an initial one-year term expiring on June 5, 2024, with provisions for four, one-year renewal options, subject to non-substantive changes approved by the City Manager and City Attorney. CITY COUNCIL 16 June 06, 2023 25. Approve Change Order and Revised Project Cost Analysis for an Existing Construction Contract with iBuild Spectrum, Inc., for a Total Project Delivery Cost of $1,740,000, for the Campesino Park, Memorial Park, and Madison Park Restrooms (Project Nos. 21-7533, 21-7534, 21-7535) (Non-General Fund) (Revive Santa Ana Program) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to approve Change Orders and revise the Project Cost Analysis to reflect a transfer of savings from construction administration and inspection to contingency in an amount of $33,898, with a total Project Delivery Cost of $1,740,000. MINUTES: Councilmember Penaloza spoke regarding vandalism at the construction site and liability insurance maintained by the contractor. Councilmember Phan spoke in support of the item and requested staff research options for a proactive policy to secure construction sites. MOTION: Councilmember Penaloza moved to approve the recommended action for Item No. 25, seconded by Councilmember Hernandez. The motion carried, 7-0, by the following roll call vote: AYES: 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 26. Award a Construction Contract to Towo Enterprise, Inc., in the amount of $319,320, for the Pedestrian and Mobility Improvement Phase I for an Estimated Project Delivery Cost of $416,000 (Project No. 22-1405) (Revive Santa Ana Program) Department(s): Public Works Agency Recommended Action: 1. Authorize the City Manager to reject the bid submitted by EBS General Engineering Inc. as non-responsive and award a construction contract to Towo Enterprise, Inc., the lowest responsive bidder, in accordance with the base bid in the amount of $319,320, for construction of the Pedestrian and Mobility Phase I, for the term beginning June 6, 2023 and ending upon project completion, subject to non-substantive changes approved by the City Manager and the City Attorney. CITY COUNCIL 17 June 06, 2023 2. Approve the Project Cost Analysis for a total estimated construction delivery cost of $416,000, which includes $319,320 for the construction contract, $47,898 for contract administration, inspection, and testing, and $48,782 project contingency for unanticipated or unforeseen work. 3. Determine these actions are exempt from further review in accordance with the California Environmental Quality Act as Categorical Exemption Environmental Review No. ER-2023-04 was filed for the project. 27. Approve a Capital Improvement Project Amendment for Traffic Calming Improvements Phases 1 to 3 (Project Nos. 23-6034, 23-6036, 23-6037) and Alley and Pavement Improvements (Project No. 23-6910) Department(s): Public Works Agency Recommended Action: 1. Approve an amendment to the Fiscal Year 2022-23 Capital Improvement Project to include $595,000 of funding for the Traffic Calming Improvements Phase 1 (Project No. 23-6034). 2. Approve an amendment to the Fiscal Year 2022-23 Capital Improvement Project to include $820,800 of funding for the Traffic Calming Improvements Phase 2 (Project No. 23-6036). 3. Approve an amendment to the Fiscal Year 2022-23 Capital Improvement Project to include $1,300,000 of funding to the Traffic Calming Improvements Phase 3 (Project No. 23-6037). 4. Approve an amendment to the Fiscal Year 2022-23 Capital Improvement Project to include $2,000,000 of funding to the Alley and Pavement Improvements FY 22/23 (Project No. 23-6910). 28. Approve Appropriation Adjustments and Capital Improvement Project Amendments for the Rousselle Street Flood Protection Project (Project No. 23-6627) and Warner Avenue Flood Protection Project (Project No. 23-6628) (Non-General Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an appropriation adjustment to recognize $5,755,000 in Prop 68 Flood Management Protection Risk Awareness funding from the California Department of Water Resources into the Public Works Agency Enterprise Capital Grants, State Grant-Direct Revenue Account and appropriate the same amount into the Public Works-Water Quality and Control, Improvements Other Than Building expenditure account. (Requires five affirmative votes) 2. Approve an amendment to the Fiscal Year 2022-23 Capital Improvement Project to include $4,675,000 of funding from the DWR Prop 68 FMPRA Program for the Rousselle Street Flood Protection Project. CITY COUNCIL 18 June 06, 2023 3. Approve an amendment to the Fiscal Year 2022-23 Capital Improvement Project to include $1,080,000 of funding from the DWR Prop 68 FMPRA Program for the Warner Avenue Flood Protection Project. 29. Approve an Agreement with Color-Ad, Inc. to Design, Fabricate, and Install Interpretive Displays at the Santiago Creek EcoCenter for Total Amount Not to Exceed $900,000 (Non-General Fund) Department(s): Parks, Recreation, and Community Services Recommended Action: Authorize the City Manager to execute an agreement with Color-Ad, Inc. for design, fabrication, and installation of interpretive displays at the Santiago Creek EcoCenter, in the amount of $855,000 plus a contingency of $45,000, for a total amount not to exceed $900,000, for a three-year period with the option of two 1-year renewals, and authorize the City Manager to execute the contract subject to non-substantive changes approved by the City Manager and the City Attorney (Agreement No. 2023-095). 30. Amendment to Agreement with California Barricade Rentals, Inc. for Traffic Control Equipment and Services at City Events to Remove the Annual Amounts and to Increase the Total Agreement not-to-Exceed Amount by $65,000 through March 31, 2025, for a New Total not-to-Exceed Amount of $215,000 (General Fund) Department(s): Parks, Recreation, and Community Services Recommended Action: Authorize the City Manager to execute an amendment to the agreement with California Barricade Rentals, Inc. for traffic control equipment and services at City events to remove the annual amounts and to increase the total agreement not-to-exceed amount by $65,000, through March 31, 2025, for a new total not-to-exceed amount of $215,000, subject to non-substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-096). 31. Approve an Agreement with Community SeniorServ, Inc. dba Meals on Wheels Orange County for the Senior Meals Program for a Total Not-to-Exceed Amount of $100,000 (General Fund) Department(s): Parks, Recreation, and Community Services Recommended Action: Authorize the City Manager to execute an agreement with Community SeniorServ, Inc., dba Meals On Wheels Orange County for the Senior Meals Program in the amount of $90,300 for base services (home-delivered meals and lunch cafe programs) and $9,700 for additional as-needed services, for a total not-to-exceed amount of $100,000 for the period of July 1, 2023 to June 30, 2024, subject to non- substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-097). CITY COUNCIL 19 June 06, 2023 32. Amend the Agreement with Major League Infields, Inc. to Increase the Contract Amount by $80,000 for Maintenance Services of Baseball and Softball Diamonds (General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute the first amendment to the agreement with Major League Infields, Inc. to provide scheduled infield and warning track maintenance at city parks, increasing the amount by $80,000, which includes a $15,000 contingency, for the remaining term until January 31, 2024, for a total agreement amount of $1,374,507, subject to non-substantive changes approved by the City Manager and the City Attorney (Agreement No. 2023-098). 33. Approve Agreement Amendments with Ocean Blue Environmental Services, Inc. and United Storm Water, Inc. for Spill Response, Hazardous Waste Disposal, and Storm Drain Facility Maintenance Services (Non-General Fund) Department(s): Public Works Agency Recommended Action: 1. Authorize the City Manager to execute a second amendment to the Agreement with Ocean Blue Environmental Services, Inc. to increase the annual expenditure amount of $350,000 for the one-year term ending June 30, 2023 by $100,000, for a total annual amount of $450,000, and increase the annual expenditure amount of $350,000 for the remaining term of the agreement, including the optional two-year extension period, by $100,000 for a total annual amount of $450,000, for a total increase of $400,000, subject to non-substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-099). 2. Authorize the City Manager to execute a second amendment to the Agreement with United Storm Water, Inc. to increase the annual expenditure amount of $350,000 for the one-year term ending June 30, 2023 by $100,000, for a total annual amount of $450,000, and increase the annual expenditure amount of $350,000 for the remaining term of the agreement, including the optional two-year extension period, by $100,000 for a total annual amount of $450,000, for a total increase of $400,000, subject to non- substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-100). 34. Approve Second Amendments to Agreements with IDS Group, Westgroup Designs, Inc., Gensler, Corgan, Inc., SVA Architects Inc., Black, O’Dowd and Associates dba BOA Architecture, Gruen Associates, Gillis and Panichapan Architects Inc., CAP Architecture, Inc., and Ware Malcomb for On-call Space Planning and Architectural Services to Increase the Shared Agreement Amount by $2,000,000, for a Total Amount not to Exceed $3,300,000 Annually Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute the second amendments to the agreements for on-call space planning and architectural services with IDS Group, Westgroup Designs, Inc., Gensler, Corgan, Inc., SVA Architects, Inc., CITY COUNCIL 20 June 06, 2023 Black, O’Dowd and Associates dba BOA Architecture, Gruen Associates, Gillis and Panichapan Architects Inc., CAP Architecture, Inc., and Ware Malcomb, to increase the shared agreement amount by $2,000,000, for a total agreement amount not to exceed $3,300,000 annually, subject to non-substantive changes as approved by the City Manager and City Attorney (Core Agreement No. 2023-101). 35. Approve Agreement with Griffin Structures to Provide Construction Management and Inspection Services for the Main Library Transformation Project, Newhope Library Renovation Project, Outdoor Library at Jerome Park Project, and Delhi Center Library Branch, in an Amount not to Exceed $2,896,950 for a Term expiring December 31, 2025 (Project Number 22-1380, 22-1802, 22-1381, and 22-1382) (Non-General Fund) (Revive Santa Ana Program) Department(s): Library, Public Works Agency Recommended Action: Authorize the City Manager to execute a professional services agreement with Griffin Structures to provide construction management and inspection services for the Main Library Transformation Project, Newhope Library Renovation Project, Outdoor Library at Jerome Park, and Delhi Center Library Branch, in the amount of $2,759,000, with a five-percent contingency, for a total amount not to exceed of $2,896,950, for a term beginning June 6, 2023 and expiring December 31, 2025, with the option for two 1-year extensions, subject to non-substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-102). 36. Approve a License Agreement with the Floral Park Neighborhood Association for Use of Broadway Right-of-Way for a Fence (Non-General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute a license agreement with the Floral Park Neighborhood Association, a 501(c)3 nonprofit community organization, for use of public right-of-way on Broadway from Santa Clara Avenue to the I-5 exit, subject to non-substantive changes approved by the City Manager and the City Attorney (Agreement No. 2023-103). 37. Approve and Amend an Agreement with COMPULINK Management Center Inc. for Enterprise Content Management System Maintenance, Services, and Licenses in an Amount not to Exceed $800,000 (Non-General Fund) Department(s): Information Technology Recommended Action: Authorize the City Manager to execute the second amendment to the agreement with Compulink Management Center, Inc., DBA Laserfiche for Laserfiche Enterprise Content Management System maintenance, services, training, and software licenses, in an amount not to exceed $800,000, over a five-year period from July 1, 2023, through June 30, 2028, subject to non-substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-104). CITY COUNCIL 21 June 06, 2023 38. First Amendment to the Lease Agreement for 19,321 Square Feet of Office Space Located at 801 W Civic Center Drive for the Santa Ana WORK Center Department(s): Community Development Agency Recommended Action: 1. Authorize the City Manager to execute the first amendment to the office lease agreement with Santa Ana CA I SGF, LLC for 19,321 square feet of office space located at 801 W Civic Center Drive, for a ten-year term beginning July 1, 2023 with two optional five-year extensions, in the monthly amount of $45,404.35 with an 3-percent annual increase, subject to non-substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-105). 2. Authorize the City Manager to execute a sub-lease agreement and Memorandum of Understanding with the Employment Development Department, subject to non- substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-106). 3. Authorize the City Manager to execute a first amendment to sub-lease agreement and Memorandum of Understanding with the County of Orange Social Services Agency to extend the term through June 30, 2025 and to adjust rent, subject to non- substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-107). 4. Authorize the City Manager to execute Memorandum of Understandings with Department of Rehabilitation, SER Jobs for Progress, and the City’s Community Development Agency for the Housing Authority and Economic Development Division, subject to non-substantive changes approved by the City Manager and City Attorney (Core Agreement No. 2023-108). 39. Approve Agreement with the County of Orange for Law Enforcement Helicopter Services in the Amount of $1,785,092 (General Fund) Department(s): Police Department Recommended Action: Authorize the City Manager to execute a three-year agreement with the County of Orange, Sheriff-Coroner Department, for helicopter services for the period of July 1, 2023 through June 30, 2026, subject to non- substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-109). 2. Authorize the City Manager to execute subsequent amendments in year two (July 1, 2024 - June 30, 2025) and year three (July 1, 2025 - June 30, 2026) for the contract amount of the first year of this agreement, $539,303, plus up to ten percent, for a three-year not-to-exceed amount of $1,785,092. 40. Approve Agreement with Thomson Reuters (West Publishing), in the Amount of $145,172, for Online Investigative and Public Records Resources Subscription Services (General Fund and Non-General Fund) Department(s): Police Department CITY COUNCIL 22 June 06, 2023 Recommended Action: Authorize the City Manager to execute a three-year agreement with Thomson Reuters (West Publishing) to provide online investigative and public records resources subscription services, in an amount not to exceed $145,172, for the period of July 1, 2023 through June 31, 2026, subject to non- substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-110). 41. Agreement with Holland & Knight LLP for Federal Legislative Advocacy Services (General Fund) Department(s): City Manager Office Recommended Action: Authorize the City Manager to execute an agreement with Holland & Knight LLP for federal legislative advocacy services for a three-year term beginning July 1, 2023 through June 30, 2026, with the option of two, one-year extensions in an amount not to exceed $352,800, subject to non-substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-111). 42. Adoption of a Memorandum of Understanding Establishing the Terms and Conditions of Employment for Full-Time Classifications Represented by the Service Employees International Union (“SEIU”) Local 721, effective July 1, 2022 through June 30, 2025 Department(s): Human Resources Recommended Action: Authorize the City Manager to execute a Memorandum of Understanding with SEIU Local 721 Full-Time Employees Unit regarding wages, hours, and other terms and conditions of employment effective July 1, 2022 through June 30, 2025, and authorize non-substantive changes which may be necessary to implement the agreement (Agreement No. 2023-112). MINUTES: Mayor Amezcua thanked all SEIU and SAMA employees for their hard work and dedication. 43. Adoption of a Memorandum of Understanding Establishing the Terms and Conditions of Employment for Classifications Represented by the Santa Ana Management Association, Effective July 1, 2022 through June 30, 2025, and Adoption of a Resolution Updating the Salary Schedule for Associated Unrepresented Classifications Department(s): Human Resources Recommended Action: 1. Authorize the City Manager to execute a Memorandum of Understanding with the Santa Ana Management Association (“SAMA”) regarding wages, hours, and other terms and conditions of employment effective July 1, 2022 through June 30, 2025, and authorize non-substantive changes which may be necessary to implement the agreement (Agreement No. 2023-113). 3. Approve resolution updating the salary schedule for associated unrepresented classifications. CITY COUNCIL 23 June 06, 2023 RESOLUTION NO. 2023-025 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO EFFECT CERTAIN CHANGES TO THE CITY’S CLASSIFICATION AND COMPENSATION PLAN MINUTES: Mayor Amezcua thanked all SEIU and SAMA employees for their hard work and dedication. 44. Adopt a Resolution Approving the City’s Annual Statement of Investment Policy 2023- 2024; Receive and File Annual Statement of Investment Policy 2023-2024. Department(s): Finance and Management Services Recommended Action: 1. Adopt a Resolution Approving the City’s Annual Statement of Investment Policy 2023-2024. RESOLUTION NO. 2023-026 A RESOLUTION OF THE CITY OF SANTA ANA APPROVING THE CITY’S STATEMENT OF INVESTMENT POLICY 2. Receive and File Annual Statement of Investment Policy 2023-2024. 45. Designate Authorized Agents on California Office of Emergency Services (Cal OES) Form 130 Related to Federal Emergency Management Agency Reimbursement Request for COVID-19 Expenditures Department(s): Finance and Management Services Recommended Action: Adopt a resolution designating the City Manager, Executive Director of Finance, and Assistant Director of Finance as authorized agents to execute for and on behalf of the City of Santa Ana (the City) with the purpose of obtaining federal financial assistance. RESOLUTION NO. 2023-027 entitled DESIGNATION OF APPLICANT’S AGENT RESOLUTION FOR NON-STATE AGENCIES 46. Resolution to Support Orange County Water District President Cathy Green as a Candidate for the Office of Association of California Water Agencies President Department(s): Public Works Agency Recommended Action: Adopt a resolution to endorse Orange County Water District President Cathy Green as a candidate for the office of President for the Association of California Water Agencies. RESOLUTION NO. 2023-028 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA IN SUPPORT OF THE NOMINATION OF ORANGE COUNTY WATER DISTRICT PRESIDENT CATHY GREEN FOR THE OFFICE OF PRESIDENT OF THE ASSOCIATION OF CALIFORNIA WATER AGENCIES MINUTES: Councilmembers Phan, Bacerra, and Penaloza spoke in support of the item and in support of Cathy Green as Orange County Water District President. CITY COUNCIL 24 June 06, 2023 47. Resolution Declaring Support of the Iranian-American Community and Condemning the Violence Perpetrated by the Government of Iran against its People Department(s): City Manager Office Recommended Action: Adopt a resolution declaring support of the Iranian- American community and condemning the violence perpetrated by the government of Iran against its people. RESOLUTION NO. 2023-029 entitled A RESOLUTION OF THE SANTA ANA CITY COUNCIL DECLARING SUPPORT OF THE IRANIAN-AMERICAN COMMUNITY AND CONDEMNING THE VIOLENCE PERPETRATED BY THE GOVERNMENT OF IRAN AGAINST ITS PEOPLE MINUTES: Mayor Amezcua thanked City Manager Kristine Ridge for presenting the item and spoke of the importance of standing in solidarity with the Iranian-American community. 48. Ordinance Amendment No. 2023-01 amending Article II.II of Chapter 2 (Sunshine Ordinance) of the Santa Ana Municipal Code Related to Noticing, Meeting Format, and Transparency Measures for Community Meetings for Certain Development Projects First reading at the May 16, 2023 City Council meeting, approved by a vote of 6-0 (Hernandez absent). Published in the Orange County Reporter on May 26, 2023. Department(s): Planning and Building Agency Recommended Action: Conduct a second reading and adopt Ordinance Amendment No. 2023-01 amending Section 2-153 in Article II.II of Chapter 2 of the Santa Ana Municipal Code (SAMC). ORDINANCE NO. NS-3040 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, AMENDING ARTICLES II.II OF CHAPTER 2 OF THE SANTA ANA MUNICIPAL CODE (includes determining that this ordinance is exempt from review under the California Environmental Quality Act (CEQA) pursuant to section 15061(b)(3) and 15061(b)(5) of the CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, as there is no possibility it will have a significant effect on the environment). 49. Ordinance Second Reading: Amending City Manager’s Contracting Authority for Public Works and Non-Public Works Contracts Under Chapter 2, Article VII and Article VII.II and Public Works Construction Rules and Regulations Under Chapter 33, Article VIII of the Santa Ana Municipal Code First reading at the May 16, 2023 City Council meeting, approved by a vote of 4-3 (Lopez, Hernandez, and Vasquez dissenting). CITY COUNCIL 25 June 06, 2023 Published in the Orange County Reporter on May 26, 2023. Department(s): Public Works Agency Recommended Action: Place ordinance on second reading and adopt. ORDINANCE NO. NS-3041 – AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING ARTICLES VII AND VII.II OF CHAPTER 2 OF THE SANTA ANA MUNICIPAL CODE REGARDING CITY MANAGER’S CONTRACTING AUTHORITY AND CITY PURCHASING RULES AND REGULATIONS, AND ARTICLE VII OF CHAPTER 33 OF THE SANTA ANA MUNICIPAL CODE REGARDING PUBLIC WORKS CONSTRUCTION RULES AND REGULATIONS (includes determination that this ordinance is not subject to the California Environmental Quality Act (CEQA) as it is exempt from CEQA review pursuant to sections 15061(b)(3) and 15061(b)(5) of the CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, as there is no possibility it will have a significant effect on the environment). 50. Ordinance Second Reading: Amending Article XI of Chapter 33 of the Santa Ana Municipal Code (Streets Sidewalks and Public Works) Related to Ceremonial Street Naming First reading at the May 16, 2023 City Council meeting, approved by a vote of 7-0. Published in the Orange County Reporter on May 26, 2023. Department(s): Public Works Agency Recommended Action: Place ordinance on second reading and adopt. ORDINANCE NO. NS-3042 – AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING ARTICLE XI OF CHAPTER 33 OF THE SANTA ANA MUNICIPAL CODE (STREETS, SIDEWALKS AND PUBLIC WORKS) RELATED TO CEREMONIAL STREET NAMING (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 to the environment, as there is no possibility it will have a significant effect on the environment and it is not a “project,” as defined in Section 15378 of the CEQA Guidelines). **END OF CONSENT CALENDAR** CITY COUNCIL 26 June 06, 2023 51. Approve Proposed Community Workforce Agreement (CWA) with the Los Angeles/Orange Counties Building and Construction Trades Council and the Signatory Craft Councils and Unions Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute the Community Workforce Agreement with the Los Angeles/Orange Counties Building and Construction Trades Council and the Signatory Craft Councils and Unions for Public Works Construction Contracts over the recommended thresholds of $2,500,000 and Specialty Contracts over $1,000,000, for a ten-year term beginning June 6, 2023 and ending June 6, 2033, subject to non-substantive changes approved by the City Manager and the City Attorney (Agreement No. 2023-114). MINUTES: At 7:36 P.M., Mayor Amezcua considered the agenda out of order and heard Item No. 51 prior to the Consent Calendar. (see Page No. 7) **END OF BUSINESS CALENDAR** PUBLIC HEARINGS PUBLIC COMMENTS – Members of the public may address the City Council on each of the Public Hearing items. 52. Public Hearing: Consider an Ordinance to adopt the Fiscal Year 2023-24 Budget, Approve a Resolution for Changes to the City’s Basic Classification and Compensation Plan Budget, Adopt the Uniform Schedule of Miscellaneous Fees, and Adopt the Seven-Year Capital Improvement Program Legal notice published in the Orange County Reporter on May 24, 2023 and May 31, 2023. Department(s): Finance and Management Services Recommended Action: 1. Approve the introduction and first reading of an Ordinance to adopt the budget for Fiscal Year 2023-24 (FY23-24), which begins on July 1, 2023 and ends on June 30, 2024. ORDINANCE NO. NS-XXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROPRIATING MONIES TO THE SEVERAL OFFICES, AGENCIES, AND DEPARTMENTS OF THE CITY FOR FISCAL YEAR BUDGET PERIOD COMMENCING JULY 1, 2023 (Requires five affirmative votes) 2. Adopt a Resolution, to effect certain changes to the City’s basic classification and compensation plan, such as addition of new classification titles. RESOLUTION NO. 2023-030 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO EFFECT CERTAIN CHANGES TO THE CITY’S CLASSIFICATION AND COMPENSATION PLAN BUSINESS CALENDAR CITY COUNCIL 27 June 06, 2023 3. Adopt a resolution establishing a Uniform Schedule of Miscellaneous Fees for Fiscal Year 2023-2024. RESOLUTION NO. 2023-031 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ESTABLISHING A UNIFORM SCHEDULE OF MISCELLANEOUS FEES FOR FISCAL YEAR 2023-2024 4. Adopt the Seven-Year Capital Improvement Program (CIP) beginning FY23-24 through FY29-30, as required by the Orange County Transportation Authority (OCTA) for Measure M2 eligibility. 5. Deposit $18,944,407 ($16,285,920 General Fund and $2,658,487 Non-General Fund) into the Section 115 Pension Trust Fund as part of the City’s Pension Debt Strategy. MINUTES: Mayor Amezcua opened the public hearing 9:32 P.M. Director of Finance and Management Services Katherine Downs and all members of the Executive Management Team provided a presentation on the proposed Fiscal Year 2023-24 Budget The following speakers addressed Council via teleconference: 1. Romina Yamashiro spoke in support of low cost spay and neuter programs. 2. Alexis Hernandez spoke in support of climate change policies and funding. 3. Silvia Hernandez provided comments on vacant lots and the need for additional affordable housing. 4. Victor Mendez provided comments on the vehicle incentive program and the debt stabilization contract. City Clerk Jennifer L. Hall reported out the summary of email comments received: Fourteen (14) comments regarding Agenda Item No. 52. The following speakers addressed Council in-person: 5. Eva Barrios requested Council create a reward fund to assist in solving unsolved crimes in the City. 6. Selica Diaz requested additional funding for library services, youth centers and additional Police Athletic League centers (PAAL). 7. James Stapleton request Council sponsor the next Magic Inc. event. 8. Vanessa Cerda requested additional youth centers throughout the City. 9. Jadeleyn Verdin requested additional youth centers throughout the City. 10. Jadeley Verdin requested funding for additional youth services and centers. CITY COUNCIL 28 June 06, 2023 11. Camila Guzman requested funding for additional youth services and addressed the disparity in fund allocation. 12. Mia Verdin requested additional funding and investments in youth programs and centers. 13. Lucia Gonzales requested a City funded youth center. 14. Celina Olivares requested additional funding for youth services and a City funded youth center. 15. John Ramirez spoke in support of the PAAL program, and trap, neuter, and release services. 16. Yuri Lara spoke of the importance of youth services and requested additional funding. 17. Hairo Cortes commented on the Police Oversight Commission funding and City funded youth centers. 18. Isuri Ramos requested Council allocate $250,000 for community grants and the expansion of employment opportunities for undocumented youth. 19. Angel Sanchez (translation: Spanish) requested financial assistance for residents who are struggling to pay rent. 20. Martina Pantaleon (translation: Spanish) requested home buying workshops. 21. Elizabeth requested a City funded youth center 22. Maria Barboza (translation: Spanish) requested funds for tenant legal representation. Seeing no additional public speakers, Mayor Amezcua closed the public hearing at 11:29 P.M. Councilmember Hernandez inquired about restrooms for El Salvador Park, advocated for a City youth center, signage for Little Saigon and Francisco Torres, requested the Juneteenth Event funding remain the same, holding the Fiestas Patrias event in downtown, Family Day Festival funding, and requested cameras in police vehicles. Councilmember Vazquez spoke in support of employment opportunities for undocumented youth, a City youth center, the Juneteenth, Noche de Altares, and the Fiestas Parade events, and cameras in police vehicles. CITY COUNCIL 29 June 06, 2023 Councilmember Phan requested to allocate the funds approved in Agenda Item No. 10 for a new sign in Little Saigon. She inquired about the additional security measures in City Hall and about the legality of employment opportunities for undocumented youth. MOTION: Mayor Amezcua moved to approve Public Hearing Item No. 52. Motion failed for lack of second. Mayor Pro Tem Lopez moved to consider each recommended action separately. MOTION: Mayor Pro Tem Lopez moved to consider each of the five recommended actions separately, seconded by Councilmember Vazquez SUBSTITUTE MOTION: Councilmember Hernandez moved to adjourn Agenda Item No. 52 item and continue to June 16, 2023, seconded by Mayor Amezcua. The substitute motion was rescinded. Mayor Pro Tem Lopez inquired about the miscellaneous fees, employment opportunities for undocumented youth, City Clerk Jennifer L. Hall announced that Councilmember Hernandez had to depart the meeting at 12:06 A.M. but would be participating via teleconference, as permitted under the Just Cause clause of AB1249. Councilmember Bacerra inquired about firework stand permit fees, the Police Department service enhancement for South Bristol Street, animal services calls, and the cost recovery fee for dangerous and abandoned properties. Councilmember Vazquez inquired about the roll over funds allocated for the Police Oversight Commission and the PAAL expansion expenditure. Councilmember Penaloza inquired about the stipend increase for commissioners and commented on youth employment opportunities in various departments. MOTION: Councilmember Penaloza moved to approved recommended action no. 1. Motion failed for lack of second. Mayor Pro Tem Lopez inquired about the funds allocated for police vehicle dash cameras, and requested clarification on which animal services would be funded with the additional funds. City Manager Kristine Ridge reported that the additional $75,000 requested for animal services would be for a low cost spay and neuter program and a trap, neuter, and return program. CITY COUNCIL 30 June 06, 2023 SUBSTITUTE MOTION: Councilmember Penaloza moved to approve Recommended Action Nos. 1-5 and appropriate the funds approved in Agenda Item No. 10 for replacement sign in Little Saigon, seconded by Councilmember Bacerra. The motion carried, 6-0-0-1, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER BACERRA, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA NONE NONE COUNCILMEMBER HERNANDEZ Status: 6-0-0-1 – Pass 53. Public Hearing: Zoning Ordinance Amendment (ZOA) No. 2023-01: Amendments to Various Sections of Chapter 41 of the Santa Ana Municipal Code (SAMC) Related to Increasing the Conditional Use Permit (CUP) Separation Requirement of Noxious Uses from Sensitive Receptors, Update Massage Establishment Regulations, Establish a CUP Suspension Process, and Other Edits to Address Internal Inconsistencies. Legal notice published in the Orange County Reporter on May 24, 2023. Department(s): Planning and Building Agency Recommended Action: Approve first reading of an ordinance approving Zoning Ordinance Amendment No. 2023-01 to amend various sections of Chapter 41 (Zoning) of the SAMC. ORDINANCE NO. NS-3044 entitled ZONING ORDINANCE AMENDMENT NO. 2023-01 – AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING VARIOUS SECTIONS OF CHAPTER 41 (ZONING) OF THE SANTA ANA MUNICIPAL CODE RELATING TO NOXIOUS USES, MASSAGE ESTABLISHMENTS, AND RELATED CONFORMING CLARIFYING EDITS; ADDING A SECTION RELATED TO SUSPENSION OF CONDITIONAL USE PERMITS, VARIANCES, AND MINOR EXCEPTIONS; AND MAKING OTHER NON- SUBSTANTIAL EDITS TO ADDRESS EXISTING INTERNAL INCONSISTENCIES (includes determination that this ordinance is exempt from review under the California Environmental Quality Act (CEQA) pursuant to section 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, as there is no possibility it will have a significant effect on the environment and it is not a “project,” as defined in Section 15378 of the CEQA Guidelines). MINUTES: Mayor Amezcua opened the public hearing at 12:23 A.M. on June 7, 2023. Seeing no request to speak, Mayor Amezcua closed the public hearing at 12:24 A.M. CITY COUNCIL 31 June 06, 2023 Council discussion ensued regarding Zoning Ordinance Amendment (ZOA) No. 2023-01. MOTION: Councilmember Penaloza moved to approve the recommended action for Public Hearing Item No. 53, seconded by Councilmember Vazquez. The motion carried, 6-0-0-1 by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER BACERRA, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA NONE NONE COUNCILMEMBER HERNANDEZ Status: 6-0-0-1 – Pass 54. Public Hearing: City Council De Novo Review of Planning Commission Decision Regarding Conditional Use Permit No. 2023-09 – Mariscos Hector ABC License Legal notice published in the Orange County Reporter on May 24, 2023 and notices mailed on said date. Department(s): Planning and Building Agency Recommended Action: It is recommended that the City Council take the following actions: 1. Conduct a De Novo review of the Planning Commission’s approval of Conditional Use Permit No. 2023-09 for consistency with the General Plan and compliance with the Zoning Ordinance, and consider any concerns raised by the City Council, the public, and interested parties regarding the project; and 2. Based on the De Novo review, the City Council may choose to uphold or modify the Planning Commission’s approval, make the appropriate findings to deny the Conditional Use Permit and direct staff to prepare a resolution for adoption, or refer the Conditional Use Permit back the Planning Commission for reconsideration and analysis of the issues raised by the City If approved, adopt RESOLUTION NO. 2023-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO CONDUCT A DE NOVO REVIEW OF THE PLANNING COMMISSION’S APPROVAL OF CONDITIONAL USE PERMIT NO. 2023-09 AS CONDITIONED TO ALLOW SALE OF DISTILLED SPIRITS IN ADDITION TO EXISTING BEER AND WINE SALES FOR ON-PREMISES CONSUMPTION AT MARISCOS HECTOR SPORTS GRILL LOCATED AT 1208 EAST MCFADDEN AVENUE (includes determination that the project is categorically exempt from further review under the California Environmental Quality Act (CEQA) per Section 15301 (Class 1 – Existing Facilities)). CITY COUNCIL 32 June 06, 2023 MINUTES: At 8:12 PM, Mayor Amezcua considered the agenda out of order and heard Public Hearing Item No. 54 after Agenda Item No. 10. (see Page No.11) At 12:26 A.M. on June 7, 2023, Mayor Amezcua recessed the City Council to consider the Housing Authority agenda and reconvened at 12:29 A.M. CITY MANAGER COMMENTS MINUTES: City Manager Kristine Ridge announced her attendance at the Orange County Board of Supervisors meeting where she spoke in opposition to the proposed contract by the Mental Health Association of Orange County located in Santa Ana. COUNCIL COMMENTS AB1234 DISCLOSURE – If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended. MINUTES: Councilmember Vazquez congratulated all of the 2023 graduates and spoke regarding funds allocated for future recall elections. Mayor Pro Tem Lopez wished her dad and all dads a happy Father’s Day, congratulated the 2023 graduates, and wished everyone a goodnight. Councilmember Penaloza thanked Mayor Pro Tem Lopez for extending an invitation to the Pride Flag raising ceremony and wished everyone a good night. Councilmember Bacerra announced that his monthly community office hours would be on Saturday June 10, 2023 at Thornton Park at 10:00 A.M. He congratulated Segerstrom High School alumni Zoe Velez for her graduation from the United States Naval Academy and former PAAL member Alexis Mejia for his graduation from Harvard University, and wished everyone a good night. Councilmember Phan congratulated the Parks, Recreation, and Community Services Department for the groundbreaking of a new community center in the Santa Anita neighborhood. She announced that she would be hosting a My First Home down payment assistance workshop on June 7, 2023, at the Newhope Library, and wished everyone a goodnight. Mayor Amezcua announced that she will be hosting a Mayor’s Walk event on Saturday, June 10, 2023, at the intersection of 20th Street and Spurgeon. She commented on the recall election funding and wished everyone a happy Father’s Day, Memorial Day, and a good night. CITY COUNCIL 33 June 06, 2023 ADJOURNMENT – Adjourn the City Council meeting. MINUTES: Mayor Amezcua adjourned the meeting at 12:37 A.M. on June 07, 2023. Respectfully submitted: ___________________________ Jennifer L. Hall, CMC City Clerk CITY COUNCIL 1 June 20, 2023 DRAFT Minutes of the Regular Meeting of the City Council City of Santa Ana, California June 20, 2023 CLOSED SESSION MEETING – 5:00 P.M. REGULAR OPEN MEETING – 5:45 P.M. (Immediately following the Closed Session Meeting) CITY COUNCIL CHAMBER 22 Civic Center Plaza, Santa Ana, CA 92701 CLOSED SESSION CALL TO ORDER MINUTES: Mayor Amezcua called the Closed Session Meeting to order at 5:03 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 June 20, 2023 ROLL CALL MINUTES: City Clerk Jennifer L. Hall conducted roll call. Councilmembers Bacerra, Penaloza, Phan and Vazquez, and Mayor Amezcua were present. Councilmember Hernandez and Mayor Pro Tem Lopez joined the meeting during Closed Session. ADDITIONS\DELETIONS TO CLOSED SESSION MINUTES: City Clerk Jennifer L. Hall stated there were no revisions to the Closed Session agenda. PUBLIC COMMENTS – Members of the public may address the City Council on Closed Session items. MINUTES: No public comments were received regarding Closed Session agenda items. RECESS – City Council will recess to Closed Session for the purpose of conducting regular City business. MINUTES: Mayor Amezcua recessed to consider the Closed Session items at 5:04 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: Micah’s Way v. City of Santa Ana, et al., United States District Court, Case No. 8:23- CV-00183-DOC-KES 2. CONFERENCE WITH LEGAL COUNSEL –SIGNIFICANT EXPOSURE TO LITIGATION pursuant to Government Code Section 54956.9(d)(2): One (1) matter [HCD and Californians for Homeownership] 3. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a): Agency Negotiators: Jason Motsick, Human Resources Executive Director Employee Organizations: Santa Ana Police Officers Association (POA) RECONVENE – City Council will reconvene to continue regular City business. CITY COUNCIL 3 June 20, 2023 CITY COUNCIL REGULAR OPEN SESSION CALL TO ORDER MINUTES: Mayor Amezcua called the Regular City Council meeting to order at 6:22 P.M. ROLL CALL MINUTES: City Clerk Jennifer L. Hall conducted roll call. Councilmembers Bacerra, Hernandez, Penaloza, Phan, and Vazquez, Mayor Pro Tem Lopez, and Mayor Amezcua were present. PLEDGE OF ALLEGIANCE Martha Rivera WORDS OF INSPIRATION Rabbi Sharon Sobel, Temple Beth Sholom ADDITIONS\DELETIONS TO THE AGENDA MINUTES: City Attorney Sonia Carvalho announced that an immediate need to take action arose following the posting of the agenda to include urgency and regular ordinances for City Council’s consideration related to the exemption of certain parcels from the requirements of Assembly Bill 2011 and Senate Bill 6. MOTION: Mayor Amezcua moved to add Item No. 32-A to the agenda to allow City Council consideration of two urgency ordinances and the first reading of two ordinances., seconded by Councilmember Bacerra. The motion carried, 7-0, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA NONE NONE NONE Status: 7-0 – Pass, Item added to agenda See page 31 for subsequent reconsideration of Item No. 32-A. CEREMONIAL PRESENTATIONS 1. Proclamation presented by Mayor Amezcua to Dorothy “Dottie” Brown for Outstanding Contributions to the Community. 2. Certificate of Recognition presented by Mayor Pro Tem Lopez to Grupo La Familia LGBTQ+ for Outstanding Contributions to the Community. CITY COUNCIL 4 June 20, 2023 3. Certificates of Recognition presented by Councilmember Bacerra to Santa Ana College Dons Baseball team for winning the 2023 CCCAA State Championship. 4. Proclamation presented by Councilmember Phan to Parks & Recreation declaring July 2023, as Park and Recreation Month 2023: Where Community Grows. MINUTES: Mayor Amezcua presented Dorothy “Dottie” Brown a proclamation for outstanding contributions to the community and wished her a Happy Birthday. Mayor Pro Tem Lopez recognized Grupo La Familia for outstanding contributions to the community and thanked them for their work with the LGBTQ community. Councilmember Bacerra recognized the Santa Ana College baseball team for their fourth state CCCA A State Championship. Councilmember Phan presented a proclamation to Parks and Recreation declaring July 2023, as Park and Recreation Month 2023. CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed Session. MINUTES: City Attorney Sonia Carvalho stated there was no reportable action. PUBLIC COMMENT – Public comments will be held during the beginning of the meeting for ALL comments on agenda and non-agenda items, except for public hearings. Comments for public hearings will take place after the hearing is opened. MINUTES: Mayor Amezcua announced that public comment time is limited to two minutes per speaker. City Clerk Jennifer L. Hall reported out the summary of email comments received: nine (9) non-agenda comments, one (1) comment regarding Agenda Item No. 25, and five (5) comments regarding Agenda Item No. 32. The following speakers addressed Council via teleconference: 1. Victor Mendez provided comments regarding Agenda Item No. 25. 2. Mireya Guillen spoke in support of Mayor Amezcua and thanked the Parks and Recreation Department for bringing back the concerts in the park. 3. Verenice Cuellar provided comments in opposition to illegal street vendors. 4. Carl Benninger provided comments in support of Mayor Amezcua. CITY COUNCIL 5 June 20, 2023 The following speakers addressed Council in-person: 5. Jaydelyn Verdin provided comments on the Police Officers Association. 6. Maria Alejandra Barbosa (translation: Spanish) requested Council designate funds to tenant legal defense. 7. Boris Gresely provided comments regarding Agenda Item No. 32. 8. Jannah provided comments regarding Assembly Bill 2011 and Senate Bill 6. 9. Dale Helvig spoke in support of Agenda Item No 32 and 32A. 10. John Ramirez spoke regarding the School Crossing Guard Program. 11. Mario Alvarado thanked the Council for their leadership. 12. Juliana Musheyeu spoke in support of Assembly Bill 2011 and Senate Bill 6. 13. Danny Vega thanked Mayor Amezcua for her hard work and leadership. 14. Nellie LeGaspie spoke regarding the June 17, 2023 Juneteenth Festival. 15. Mia Verdin spoke regarding the recall election efforts against Mayor Pro Tem Lopez. 16. Fernando Delgado spoke regarding recall election efforts against Mayor Pro Tem Lopez. 17. Miguel Angel Vazquez (translation: Spanish) congratulated Mayor Amezcua for being the first female mayor and spoke regarding the female empowerment group Grupo Versage. 18. Karla Rosales spoke regarding Grupo Versage and requested funding and assistance to obtain a permanent meeting space. 19. Madison Romero spoke of her membership in Grupo Versage and requested funding to obtain a permanent meeting space. 20. Sue Pallack advocated for Sean wh o is a resident of the Carnegie Shelter and the transportation hardships he is experiencing. 21. Ray Diaz provided comments in support of Mayor Pro Tem Lopez and in opposition to the recall efforts against her. 22. Irma Jauregui thanked Mayor Amezcua for her hard work and leadership. 23. Martha Rivera spoke in appreciation of Mayor Amezcua and her contributions to the City. 24. Ana Laura Padilla spoke in appreciation of Mayor Amezcua ’s dedication and hard work. CITY COUNCIL 6 June 20, 2023 25. Selica Diaz thanked Mayor Amezcua and City staff for th eir hard work and requested staff reopen the digital library located inside of the Roosevelt Walker Community Center. 26. Ginette Sanchez thanked Mayor Amezcua for her community outreach efforts and spoke regarding business disruption in downtown. 27. Araceli Cazales thanked Mayor Amezcua for her hard work. RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 5 through 30. MINUTES: At 7:57 P.M., Councilmember Hernandez requested a brief comment on Agenda Item No. 8 and recorded a No vote on Agenda Item No. 25. Councilmember Phan requested a brief comment on Agenda Item No. 8 and recused herself from Agenda Item Nos. 19 and 21 as the listed entities are clients of her employer, Rutan and Tucker. Councilmember Bacerra pulled Agenda Item Nos. 15 and 23 for separate discussion and consideration. Mayor Pro Tem Lopez recorded a No vote on Agenda Item No. 25. Councilmember Penaloza requested a brief comment on Agenda Item No. 8. Councilmember Vazquez recorded a No vote on Agenda Item No. 25. MOTION: Councilmember Hernandez moved to approve staff recommendations on the following Consent Calendar Items: 5 through 30 with the exception of Agenda Item Nos. 15 and 23, seconded by Mayor Amezcua. The motion carried, 7-0, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA NONE NONE NONE Status: 7 – 0 - Pass CONSENT CALENDAR CITY COUNCIL 7 June 20, 2023 5. Excused Absences Department(s): City Clerk’s Office Recommended Action: Excuse the absent members. 6. Appoint Claudio Gallegos Nominated by Councilmember Penaloza as the Ward 6 Representative to the Community Development Commission for a Full-Term Expiring December 8, 2026 Department(s): City Clerk’s Office Recommended Action: Appoint Claudio Gallegos to the Community Development Commission as the Ward 6 representative and administer Oath of Office. MINUTES: City Clerk Jennifer L. Hall administered the Oath of Office to Claudio Gallegos. 7. Local Area Subsequent Designation and Local Board Recertification Program Year (PY) 2023-25 Department(s): Community Development Agency Recommended Action: Authorize the Mayor to sign the Program Year (PY) 2023-25 Subsequent Local Area Designation and Local Board Recertification application and direct staff to submit to the California Workforce Development Board (Agreement No. 2023-125). 8. Receive and File Update on Prentice Park Deed and Zoo Master Plan Department(s): Parks, Recreation, and Community Services Recommended Action: Receive and file. MINUTES: Councilmember Phan thanked the Parks, Recreation, and Community Services staff for all of their hard work. Mayor Pro Tem Lopez thanked the Parks, Recreation, and Community Services staff for all of their hard work. Councilmember Vazquez thanked the Parks , Recreation, and Community Services staff for all of their hard work. Councilmember Bacerra thanked staff for workin g with the Prentice Family to ensure a mutual agreement. Mayor Amezcua spoke in appreciation of the Santa Ana Zoo and the different exhibits. Parks, Recreation, and Community Services Director Hawk Scott and Deputy Director Ethan Fischer thanked Council for their support and spoke regarding upcoming zoo events. CITY COUNCIL 8 June 20, 2023 9. Receive and File the Certification of Approval by City Engineer of the Final Tract Map 2022-02, County Tract Map No. 19178 (1814 and 1818 East First Street) (Applicant: Brandywine Acquisition Group, LLC) Department(s): Public Works Agency Recommended Action: Receive and file the certification of approval by City Engineer of the Final Tract Map 2022-02, County Tract No. 19178. 10. Receive and File the Certification of Approval by City Engineer of the Final Tract Map 2019-02, County Tract Map No. 19064 (301 and 305 North Mountain View Street) (Applicant: Olympia Capital Corporation) Department(s): Public Works Agency Recommended Action: Receive and file the certification of approval by City Engineer of the Final Tract Map 2019-02, County Tract No. 19064. 11. Approve Budget Reallocation of Unspent Capital Improvement Funds in the Amount of $68,980 to the ADA Transition Plan (Project No. 23-6069) (Non-General Fund) Department(s): Public Works Agency Recommended Action: Authorize the reallocation of unspent capital improvement funds in the amount of $68,980 from the Council Chambers Entry Doors and Floor Modifications Project (No. 17-0151) to the ADA Transition Plan (Project No. 23-6069). 12. Award a Purchase Order in the amount of $376,500 to Cummins, Inc. for One Commercial Diesel Generator Set for the City’s Corporate Yard (Specification 23-093) (General Fund) Department(s): Public Works Agency Recommended Action: Authorize a one-time award and payment of Purchase Order to Cummins, Inc. for the procurement of a commercial diesel generator set in the amount of $376,500, subject to non-substantive changes approved by the City Manager and City Attorney. 13. Award a Purchase Order to Transwest Truck Center, LLC for Three Ford Super Duty F-550 Valve Trucks in an Amount Not to Exceed $690,000 (Specification No. 23-074) (Non-General Fund) Department(s): Public Works Agency Recommended Action: Authorize a one-time purchase and payment of purchase order to Transwest Truck Center, LLC for three Ford Super Duty F-550 Valve Trucks, in the amount of $673,275, plus a contingency amount of $16,725, for a total amount not to exceed $690,000, subject to non-substantive changes approved by the City Manager and City Attorney. CITY COUNCIL 9 June 20, 2023 14. Award Aggregate Blanket Order Contracts to B&D Towing, Inc., Greater Southern California Towing, Inc., and MetroPro Towing, Inc. in an Annual Aggregate Amount not to Exceed $100,000 (Specification No. 23-079) (General and Non-General Fund) Department(s): Public Works Agency Recommended Action: Award an aggregate blanket order contracts to B&D Towing, Inc., Greater Southern California Towing, Inc., and MetroPro Towing, Inc. for on-call towing services for City vehicles for a one-year term beginning July 1, 2023, and expiring June 30, 2024, with provisions for four one-year renewal options, in an annual aggregate amount of $100,000, with a total aggregate contract amount not to exceed $500,000, subject to non-substantive changes approved by the City Manager and City Attorney. 15. Award a Construction Contract to All American Asphalt in the Amount of $2,014,055 for the Main Street Rehabilitation from MacArthur Boulevard to Dyer Road and St. Gertrude Place at Orange Avenue Project, with an Estimated Project Delivery Cost of $2,417,000 (Project No. 22-6988)(Project No. 23-6482) (General and Non-General Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an amendment to the Fiscal Year 2022-23 Capital Improvement Program to include $250,000 of funding in the General Fund for the Main Street Rehabilitation from MacArthur Boulevard to Dyer Road and St. Gertrude Place at Orange Avenue Project. 2. Authorize budget reallocation of $361,000 in unspent Roadway Maintenance and Rehabilitation Account (SB-1) from the Euclid Rehabilitation from South City Limits to McFadden Improvement (No. 20-6961) Project to construction funds for the Main Street Rehabilitation from Macarthur Boulevard to Dyer Road and St. Gertrude Place at Orange Avenue Project (No. 22-6988) to complete the project funding requirement. 3. Award a construction contract to All American Asphalt, the lowest responsible bidder, in accordance with the base bid in the amount of $2,014,055, for construction of the Main Street Rehabilitation from MacArthur Boulevard to Dyer Road and St. Gertrude Place at Orange Avenue Project, for the term beginning June 20, 2023, and ending upon project completion, and authorize the City Manager to execute the contract subject to non-substantive changes approved by the City Manager and the City Attorney. 4. Approve the Project Cost Analysis for a total estimated construction delivery cost of $2,417,000, which includes $2,014,055 for the construction contract, $201,406 for contract administration, inspection and testing, and a $201,539 project contingency for unanticipated or unforeseen work. 5. Determine that the recommended actions are exempt from further review in accordance with the California Environmental Quality Act as Categorical Exemption Environmental Review No. ER-2023-57 was filed for the project. CITY COUNCIL 10 June 20, 2023 MINUTES: Councilmember Bacerra moved to amend the allocation for any unspent funds to resurface MacArthur Place. Councilmember Penaloza thanked staff for inspecting the work being performed by the contractor. MOTION: Councilmember Bacerra moved to approve Item No. 15 as amended to allocate any unspent funds to resurface MacArthur Place , seconded by Mayor Amezcua. The motion carried, 6-1, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ, MAYOR AMEZCUA MAYOR PRO TEM LOPEZ NONE NONE Status: 6-1 – Pass 16. Approve an Appropriation Adjustment and Award a Construction Contract to Baker Electric & Renewables LLC in the Amount of $597,000 for the Street Light Poles Replacement Project, with an Estimated Project Delivery Cost of $863,899 (Project No. 23-6033) (Non-General Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an appropriation adjustment to recognize Southern California Edison Streetlights Energy Credit in an amount of $863,899 in the Public Works/ Miscellaneous revenue account, and appropriate the same amount to the PWA Street Lighting, Improvements Other than Buildings expenditure account. (Requires five affirmative votes) 1. Approve an amendment to the Fiscal Year 2022-23 Capital Improvement Program to include $863,899 of funding in Southern California Edison Energy Cost Refund Funds for Streetlight Upgrades. 2. Award a construction contract to Baker Electric & Renewables LLC, the lowest responsible bidder, in accordance with the base bid in the amount of $597,000, for construction of the Streetlight Poles Replacement Project, for the term beginning June 20, 2023, and ending upon project completion, and authorize the City Manager to execute the contract subject to non-substantive changes approved by the City Manager and the City Attorney. 3. Approve the Project Cost Analysis for a total estimated construction delivery cost of $863,899, which includes $597,000 for the construction contract, $117,649 for contract administration, inspection and testing, and a $149,250 project contingency for unanticipated or unforeseen work. CITY COUNCIL 11 June 20, 2023 17. Approve an Agreement with J Smith & T Muli, Inc. in an Amount not to Exceed $325,000 to provide Aquatic Engineering Services for Thornton Park Lake Renovations for a Three-Year Term (General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with J Smith & T Muli, Inc. to provide aquatic engineering services for Thornton Park Lake renovations in the amount of $289,947, with a contingency of $35,053, for a total amount not to exceed $325,000, for a three-year term beginning June 20, 2023 and ending June 19, 2026, with an option for two, one-year extensions, subject to non- substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-115). 18. Approve an Agreement with Clanton & Associates, Inc. to Prepare a Street Lighting Master Plan for an Amount Not to Exceed $640,475, for up to a Four-Year Term (General Fund) Department(s): Public Works Agency Recommended Action: 1.Authorize budget reallocation of $116,416 in unspent Streetlight Maintenance Service Enhancement Account (General Fund) funds from the Riverview Neighborhood Street Lighting Project (No. 23-6030) to the Street Lighting Master Plan. 2. Authorize the City Manager to execute a consultant agreement with Clanton & Associates, Inc. to prepare a Street Lighting Master Plan for an amount not to exceed $640,475, for a two-year term beginning June 20, 2023 and expiring June 19, 2025, with provisions for two, one-year extensions, subject to non-substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-116). 19. Memorandum of Understanding with the County of Orange, the City of Anaheim, the City of Irvine, and the City of Santa Ana for the Homeless Housing, Assistance and Prevention (HHAP) Program Regional Coordination Department(s): Community Development Agency Recommended Action: Authorize the City Manager to execute the Memorandum of Understanding with the County of Orange, the City of Anaheim, and the City of Irvine, to support regional coordination to address homelessness challenges (Agreement No. 2023-117). CITY COUNCIL 12 June 20, 2023 MOTION: Councilmember Hernandez moved to approve the recommended action for Item No. 19 as part of the Consent Calendar , seconded by Mayor Amezcua. The motion carried, 6-0-1, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA NONE COUNCILMEMBER PHAN (recusal) NONE Status: 6 – 0 – 1 - Pass 20. Approve an Agreement with the Orange County Children’s Therapeutic Arts Center for a Total Amount not to exceed $200,000 to Serve Foster and Youth with Disabilities (Non-General Fund) Department(s): Community Development Agency Recommended Action: Authorize the City Manager to execute an agreement with the Orange County Children’s Therapeutic Arts Center (OCCTAC) to provide services to foster and youth with disabilities, for a one-year term beginning July 1, 2023 and expiring June 30, 2024, in a total amount not to exceed $200,000, subject to non- substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-118). 21. Approve Purchase and Sale Agreement with Property Owner Dyer 18 LLC for the Acquisition of Real Property and Improvements located at 1815 East Carnegie Avenue, Santa Ana, CA 92705 (APN 430-021-02) Department(s): Community Development Agency Recommended Action: 1. Authorize the City Manager to execute a Purchase and Sale Agreement with Property Owner Dyer 18 LLC for the Acquisition of Real Property and Improvements located at 1815 East Carnegie Avenue, Santa Ana, CA, 92705, also identified as APN 430-021-02 (Property), in the amount of $12,750,000, subject to non-substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-119). 1. Approve an appropriation adjustment to recognize $1,100,000 in Opioid Settlement Funding from the State of California’s Department of Health Care Services and appropriate the same amount into the Community Development Agency, Buildings and Building Improvement expenditure account. (Requires five affirmative votes) 2. Approve an appropriation adjustment to utilize prior year fund balance in the amount of $3,753,571 to the Inclusionary Housing Fund, Buildings and Building Improvement expenditure account. (Requires five affirmative votes) CITY COUNCIL 13 June 20, 2023 MOTION: Councilmember Hernandez moved to approve the recommended action for Item No. 21 as part of the Consent Calendar, seconded by Mayor Amezcua. The motion carried, 6-0-1, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA NONE COUNCILMEMBER PHAN (recusal) NONE Status: 6 – 0 – 1 - Pass 22. Approve Third Amendment to Agreement with Aramark Correctional Services, LLC for an Additional Amount of $1,624,971 to Provide Inmate Meals and Commissary Management (General Fund) Department(s): Police Department Recommended Action: Authorize the City Manager to execute the third amendment to the agreement with Aramark Correctional Services, LLC, to provide inmate meals and commissary management for the period of July 1, 2023 through June 30, 2024 in the additional amount of $1,624,971, for a total aggregate amount not to exceed $6,103,688, subject to non-substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-120). 23. Approve Agreement with LAZ Parking California, LLC for Parking Enforcement Services for the Police Department in an Amount not to Exceed $1,876,888 (General Fund) Department(s): Police Department Recommended Action: Authorize the City Manager to execute a two-year agreement with LAZ Parking California, LLC for parking enforcement services, for the period of July 1, 2023 through June 30, 2025, with the option of three 1-year renewals, in an amount not to exceed $1,876,888, subject to non-substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-121). MINUTES: Council discussion ensued regarding LAZ Parking LLC and permit parking enforcement. CITY COUNCIL 14 June 20, 2023 MOTION: Councilmember Bacerra moved to approve the recommended action for Item No. 23, 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 24. Approve Agreements for Temporary Employee Staffing Services with AppleOne, Inc., Cathyjon Enterprises, Inc. dba HB Staffing, Helpmates Staffing, Kimco Staffing Services, Inc., SoftHQ, Inc., TEC Group, Inc., and The Good Job Company in a Not-to- Exceed Aggregate Amount of $2,000,000 (Specification No.23-051) (General Fund) Department(s): Human Resources Recommended Action: Authorize the City Manager to execute agreements with vendors listed below for temporary employee staffing services on an as-needed basis in an aggregate amount not-to-exceed $2,000,000, from July 1, 2023 through June 30, 2026 with the option for two (2), one (1)-year extensions, subject to non- substantive changes approved by the City Manager and City Attorney (Core Agreement No. 2023-122). 1. AppleOne, Inc. (Torrance, CA) 2. Cathyjon Enterprises, Inc. dba HB Staffing (Huntington Beach, CA) 3. Helpmates Staffing (Irvine, CA) 4. Kimco Staffing Services, Inc. (Irvine, CA) 5. SoftHQ, Inc. (San Diego, CA) 6. TEC Group, Inc. (Irvine, CA) 7. The Good Job Company (La Jolla, CA) 25. Adoption of a Memorandum of Understanding (“MOU”) Establishing the Terms and Conditions of Employment for Classifications Represented by the Santa Ana Police Officers Association (“SAPOA”) Effective January 1, 2023 through December 31, 2023, and Adoption of a Resolution Updating the Compensation and Salary Schedule of Sworn Classifications of the Santa Ana Police Management Association (“SAPMA”) Department(s): Human Resources CITY COUNCIL 15 June 20, 2023 Recommended Action: 1. Authorize the City Manager to execute a Memorandum of Understanding with SAPOA regarding wages, hours, and other terms and conditions of employment effective January 1, 2023 through December 31, 2023, and authorize non-substantive changes which may be necessary to implement the agreement (Agreement No. 2023-123). 2. Adopt a resolution updating the compensation and salary schedule for sworn classifications of the SAPMA. RESOLUTION NO. 2023-032 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO EFFECT CERTAIN CHANGES TO THE CITY’S CLASSIFICATION AND COMPENSATION PLAN MOTION: Councilmember Hernandez moved to approve the recommended action for Item No. 25 as part of the Consent Calendar , seconded by Mayor Amezcua. The motion carried, 4-3 by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER BACERRA, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, MAYOR AMEZCUA COUNCILMEMBER HERNANDEZ, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ NONE NONE Status: 4 – 3 - Pass 26. Adopt a Resolution Establishing the Appropriations Limit of the City of Santa Ana for Fiscal Year (FY) 2023-24 Department(s): Finance and Management Services Recommended Action: Adopt a resolution establishing the appropriations limit of the City of Santa Ana for FY 2023-24, as required by state law. RESOLUTION NO. 2023-033 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ESTABLISHING THE APPROPRIATION LIMIT OF THE CITY OF SANTA ANA FOR FISCAL YEAR 2023-2024 27. Approve Resolution for the Fiscal Year 2023-24 Senate Bill 1 Local Streets and Roads, Road Repair and Accountability Act Funding Program to Receive an Estimated Funding Amount of $7,673,409 for Capital Improvement Projects (Non- General Fund) Department(s): Public Works Agency CITY COUNCIL 16 June 20, 2023 Recommended Action: Adopt a Resolution affirming the Fiscal Year 2023-24 Senate Bill 1 projects list and anticipated Road Maintenance and Rehabilitation Account funding in the amount of $7,673,409, to be submitted to the California Transportation Commission for budgeting the Fiscal Year 2023-24 Capital Improvement Program and maintaining eligibility for Road Repair and Accountability Act funding. RESOLUTION NO. 2023-034 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADOPTING A LIST OF PROJECTS TO BE FUNDED FOR FISCAL YEAR 2023-24 BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017 28. Adopt Resolutions to Maintain Orange County Transportation Authority’s Measure M2 Funding Eligibility for Fiscal Year 2023-2024 Department(s): Public Works Agency Recommended Action: 1. Adopt a Resolution affirming consistency between the City’s Mobility Element and the Orange County Master Plan of Arterial Highways, concurring with the existing Transportation System Improvement Area fee program to maintain Orange County Transportation Authority Measure M2 eligibility Program funding, approximated to exceed $6.5 million dollars for Fiscal Year 2023-24. RESOLUTION NO. 2023-035 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CONCERNING THE STATUS AND UPDATE OF THE MOBILITY ELEMENT, AND MITIGATION FEE PROGRAM FOR THE MEASURE M (M2) PROGRAM 2. Adopt a Resolution confirming the status and update of the City's 2023 Local Signal Synchronization Plan to maintain eligibility for Measure M2 Program funding. RESOLUTION NO. 2023-036 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CONCERNING THE STATUS AND UPDATE OF THE LOCAL SIGNAL SYNCHRONIZATION PLAN FOR THE MEASURE M (M2) PROGRAM 29. Adopt City Council Ordinance No. NS-3043 Appropriating Monies to the Several Offices, Agencies and Departments of the City of Santa Ana for the Fiscal Year Budget Period Commencing July 1, 2023 First reading at the June 6, 2023 City Council meeting, approved by a vote of 6-0-1 (Hernandez absent). Published in the Orange County Reporter on June 9, 2023. Department(s): Finance and Management Services Recommended Action: Approve the second reading and adopt Ordinance No. NS- 3043 to appropriate monies to the several offices, agencies, and departments of the City for Fiscal Year 2023-24 (FY23-24), which begins on July 1, 2023 and ends on June 30, 2024. CITY COUNCIL 17 June 20, 2023 ORDINANCE NO. NS- 3043 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROPRIATING MONIES TO THE SEVERAL OFFICES, AGENCIES, AND DEPARTMENTS OF THE CITY FOR FISCAL YEAR BUDGET PERIOD COMMENCING JULY 1, 2023 30. Zoning Ordinance Amendment No. 2023-01: Amendment to Various Sections of Chapter 41 of the Santa Ana Municipal Code (SAMC) Related to Increasing the Conditional Use Permit (CUP) Separation Requirement of Noxious Uses from Sensitive Receptors, Update Massage Establishment Regulations, Establish a CUP Suspension Process, and Other Edits to Address Internal Inconsistencies First reading at the June 6, 2023 City Council meeting, approved by a vote of 6-0-1 (Hernandez absent). Published in the Orange County Reporter on June 9, 2023. Department(s): Planning and Building Agency Recommended Action: Conduct a second reading and adopt Zoning Ordinance Amendment No. 2023-01 amending various sections of Chapter 41 of the Santa Ana Municipal Code (SAMC) related to increasing the Conditional Use Permit (CUP) separation requirement of noxious uses from sensitive receptors, updating massage establishment regulations, establishing a CUP suspension process, and other edits to address internal inconsistencies. ORDINANCE NO. NS-3044 entitled ZONING ORDINANCE AMENDMENT NO. 2023-01 – AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING VARIOUS SECTIONS OF CHAPTER 41 (ZONING) OF THE SANTA ANA MUNICIPAL CODE RELATING TO NOXIOUS USES, MASSAGE ESTABLISHMENTS, AND RELATED CONFORMING CLARIFYING EDITS; ADDING A SECTION RELATED TO SUSPENSION OF CONDITIONAL USE PERMITS, VARIANCES, AND MINOR EXCEPTIONS; AND MAKING OTHER NON- SUBSTANTIAL EDITS TO ADDRESS EXISTING INTERNAL INCONSISTENCIES (includes determination that this ordinance is exempt from review under the California Environmental Quality Act (CEQA) pursuant to section 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, as there is no possibility it will have a significant effect on the environment and it is not a “project,” as defined in Section 15378 of the CEQA Guidelines). **END OF CONSENT CALENDAR** MINUTES: At 8:18 P.M., Mayor Amezcua considered the agenda out of order and heard Item Nos. 32 and 32-A prior to Item No. 31. BUSINESS CALENDAR CITY COUNCIL 18 June 20, 2023 32. Resolutions of the City of Santa Ana City Council Exempting Certain Eligible Parcels in the City of Santa Ana from the Requirements of Assembly Bill 2011 and Senate Bill 6 Pursuant to California Government Code Sections 65912.114, 65912.124, and 65852.24 (continued from City Council meeting of May 16, 2023, Item No. 28) Department(s): Planning and Building Agency Recommended Action: 1. Adopt a resolution exempting certain eligible parcels in the City of Santa Ana from the requirements of Assembly Bill 2011 pursuant to California Government Code Sections 65912.114 and 65912.124; and RESOLUTION NO. 2023-037 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA EXERCISING ITS RETENTION OF LOCAL LAND USE CONTROL PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTIONS 65912.114(i) AND 65912.124(i) AND EXEMPTING CERTAIN PARCELS FROM CALIFORNIA GOVERNMENT CODE SECTIONS 65912.114 AND 65912.124 BASED UPON WRITTEN FINDINGS (includes determination that this Resolution is not subject to the California Environmental Quality Act (CEQA) because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment and is therefore not a “project,” pursuant to Section 15378(b)(5) of the CEQA Guidelines) 2. Adopt a resolution exempting certain eligible parcels in the City of Santa Ana from the requirements of Senate Bill 6 pursuant to California Government Code Section 65852.24. RESOLUTION NO. 2023-038 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA EXERCISING ITS RETENTION OF LOCAL LAND USE CONTROL PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 65852.24(e) AND EXEMPTING CERTAIN PARCELS FROM CALIFORNIA GOVERNMENT CODE SECTION 65852.24 BASED UPON WRITTEN FINDINGS (includes determination that this Resolution is not subject to the California Environmental Quality Act (CEQA) because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment and is therefore not a “project,” pursuant to Section 15378(b)(5) of the CEQA Guidelines) 32-A. ORDINANCE NO. NS-3045 entitled AN UNCODIFIED URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA EXERCISING ITS RETENTION OF LOCAL LAND USE CONTROL PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTIONS 65912.114(i) AND 65912.124(i) AND EXEMPTING CERTAIN PARCELS FROM CALIFORNIA GOVERNMENT CODE SECTIONS 65912.114 AND 65912.124 BASED UPON WRITTEN FINDINGS CITY COUNCIL 19 June 20, 2023 ORDINANCE NO. NS-3046 entitled AN UNCODIFIED URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA EXERCISING ITS RETENTION OF LOCAL LAND USE CONTROL PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 65852.24(e) AND EXEMPTING CERTAIN PARCELS FROM CALIFORNIA GOVERNMENT CODE SECTION 65852.24 BASED UPON WRITTEN FINDINGS ORDINANCE NO. NS-3047 entitled AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA EXERCISING ITS RETENTION OF LOCAL LAND USE CONTROL PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTIONS 65912.114(i) AND 65912.124(i) AND EXEMPTING CERTAIN PARCELS FROM CALIFORNIA GOVERNMENT CODE SECTIONS 65912.114 AND 65912.124 BASED UPON WRITTEN FINDINGS (first reading) ORDINANCE NO. NS-3048 entitled AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA EXERCISING ITS RETENTION OF LOCAL LAND USE CONTROL PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 65852.24(e) AND EXEMPTING CERTAIN PARCELS FROM CALIFORNIA GOVERNMENT CODE SECTION 65852.24 BASED UPON WRITTEN FINDINGS (first reading) MINUTES: Planning and Building Director Minh Thai provided a brief presentation. City Attorney Sonia Carvalho announced that an immediate need to take action arose following the posting of the agenda to include urgency and regular ordinances for City Council’s consideration related to the exemption of certain parcels from the requirements of Assembly Bill 2011 and Senate Bill 6. MOTION: Councilmember Penaloza moved to approve all recommended actions including the additional urgency and regular ordinances for Agenda Item Nos. 32 and 32A, seconded by Councilmember Bacerra. Councilmember Vazquez inquired about sunsetting the ordinances. Mayor Pro Tem Lopez requested to publish a map that indicates the location of the new AB2011 parcels. Planning and Building Director Minh Thai clarified that a map identifying the new AB2011 parcels has already been drafted by staff and will be provided to the public. Councilmember Bacerra provided comments on the California Department of Housing and Community Development. Mayor Amezcua spoke regarding the City exceeding the Regional Housing Needs Allocation (RHNA) by two thousand four hundred percent (2400%). MOTION: Councilmember Penaloza moved to approve all recommended actions including the additional urgency and regular ordinances for Agenda Item Nos. 32 and 32A, seconded by Councilmember Bacerra. CITY COUNCIL 20 June 20, 2023 The motion carried, 6-1, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ COUNCILMEMBER PENALOZA, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA COUNCILMEMBER PHAN NONE NONE Status: 6-1 - Pass 31. Implement a Volunteer School Crossing Guard Program and Approve Agreement with All City Management Services, Inc. for the School Crossing Guard Program in an Amount Not to Exceed $5,343,125 for Up to a Five Year Term (General Fund) Department(s): Public Works Agency Recommended Action: 1. Direct staff to work cooperatively with school districts to implement a volunteer crossing guard program and establish a crossing guard training program. 2. Direct staff to formally notify the School Districts of the phasing out of contracted crossing guard program beginning school year 2023-2024. 3. Authorize the City Manager to execute an agreement with All City Management Services, Inc. to provide a School Crossing Guard Program, in the total amount not to exceed $5,343,125 for a three-year term beginning July 1, 2023 and expiring June 30, 2026, with an option for up to two, one-year extensions, subject to non-substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-124). MINUTES: City Manager Kristine Ridge provided a brief history of the item. MOTION: Councilmember Hernandez moved to approve Option No. 3, seconded by Councilmember Vazquez. Councilmember Penaloza requested charter schools be included in the agreement. SUBSTITUTE MOTION: Councilmember Penaloza moved to approve Item No. 31 as amended to expand the crossing guard program to charter schools , seconded by Mayor Amezcua. Mayor Amezcua spoke of the disparity between the City’s budget and Santa Ana Unified School District’s (SAUSD) budget. Councilmember Vazquez provided comments on the City’s Safe Routes to School program. SUBSTITUTE MOTION: Mayor Pro Tem Lopez moved to approve Item No. 31 as presented, seconded by Councilmember Penaloza. Councilmember Penaloza rescinded his substitute motion. CITY COUNCIL 21 June 20, 2023 Councilmember Phan spoke in support of the item but noted the importance that SAUSD provide funding as well. City Attorney Carvalho spoke regarding Municipal Code Section 36-121. SECOND SUBSTITUE MOTION: Mayor Amezcua moved to approve Item No. 31 as amended to expand the crossing guard program to eight (8) charter schools, seconded by Councilmember Hernandez. The second substitute motion carried, 5-2, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, MAYOR AMEZCUA COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ NONE NONE Status: 5-2 - Pass 32. Resolutions of the City of Santa Ana City Council Exempting Certain Eligible Parcels in the City of Santa Ana from the Requirements of Assembly Bill 2011 and Senate Bill 6 Pursuant to California Government Code Sections 65912.114, 65912.124, and 65852.24 (continued from City Council meeting of May 16, 2023, Item No. 28) Department(s): Planning and Building Agency Recommended Action: 1. Adopt a resolution exempting certain eligible parcels in the City of Santa Ana from the requirements of Assembly Bill 2011 pursuant to California Government Code Sections 65912.114 and 65912.124; and RESOLUTION NO. 2023-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA EXERCISING ITS RETENTION OF LOCAL LAND USE CONTROL PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTIONS 65912.114(i) AND 65912.124(i) AND EXEMPTING CERTAIN PARCELS FROM CALIFORNIA GOVERNMENT CODE SECTIONS 65912.114 AND 65912.124 BASED UPON WRITTEN FINDINGS (includes determination that this Resolution is not subject to the California Environmental Quality Act (CEQA) because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment and is therefore not a “project,” pursuant to Section 15378(b)(5) of the CEQA Guidelines) a. Adopt a resolution exempting certain eligible parcels in the City of Santa Ana from the requirements of Senate Bill 6 pursuant to California Government Code Section 65852.24. RESOLUTION NO. 2023-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA EXERCISING ITS RETENTION OF LOCAL LAND USE CONTROL PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 65852.24(e) AND CITY COUNCIL 22 June 20, 2023 EXEMPTING CERTAIN PARCELS FROM CALIFORNIA GOVERNMENT CODE SECTION 65852.24 BASED UPON WRITTEN FINDINGS (includes determination that this Resolution is not subject to the California Environmental Quality Act (CEQA) because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment and is therefore not a “project,” pursuant to Section 15378(b)(5) of the CEQA Guidelines) MINUTES: At 8:18 P.M., Mayor Amezcua considered the agenda out of order and heard Item No. 32 prior to Item No. 31.(see Page No. 18) 33. Adoption of Ordinance for the Addition of two Positions for Residents Aged 55 Years and Older on the Parks, Recreation, and Community Services Commission Department(s): Parks, Recreation, and Community Services Recommended Action: Conduct first reading of an ordinance to amend the Santa Ana Municipal Code Chapter 2, Article IV, Division 4, Section 2-333 to add two positions for residents aged 55 years and older on the Parks, Recreation, and Community Services Commission. ORDINANCE NO. NS-3049 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SANTA ANA MUNICIPAL CODE SECTION 2-333 RELATING TO MEMBERSHIP OF THE PARKS, RECREATION, AND COMMUNITY SERVICES COMMISSION (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 to the environment as there is no possibility it will have a significant effect on the environment and it is not a “project,” as defined in Section 15378 of the CEQA Guidelines). MOTION: Councilmember Bacerra moved to approve the recommended action for Item No. 33, seconded by Mayor Amezcua. The motion carried, 7-0, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA NONE NONE NONE Status: 7-0 - Pass **END OF BUSINESS CALENDAR** CITY COUNCIL 23 June 20, 2023 CITY MANAGER COMMENTS MINUTES: City Manager Kristine Ridge announced that the City had been named a Tree City USA 2022, receiving this title for the 24th consecutive year. COUNCIL COMMENTS AB1234 DISCLOSURE – If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended. MINUTES: Council Member Vazquez addressed school safety, Juneteenth, and Pride. Mayor Pro Tem Lopez commented on Juneteenth and announced her office hours at Morrison Park on Sunday, June 25, 10:00 A.M. – 11:00 A.M. Councilmember Penaloza acknowledged Housing staff and announced a neighborhood cleanup in Morrison Park on Saturday, June 24, 8:00 A.M. – 12:00 P.M. Councilmember Hernandez addressed public comments, staff, and Juneteenth. Councilmember Bacerra announced his office hours on Saturday, July 1 at 10:00 A.M. at Upton All Access Park, reported that Charter Section 408 addresses City Council interference in administrative matters, and wished everyone a happy July Fourth. Councilmember Phan announced the Vietnamese first-time homebuyer event on July 15 at Salgado and the Vietnamese Business Forum on July 13 at the Doubletree Hotel. She wished everyone a happy Fourth of July and wished her husband a happy seventh anniversary. Mayor Amezcua wished Councilmember Phan and her husband a happy anniversary and a happy Fourth of July to all, further announcing a $1,000 fine for illegal fireworks. She thanked staff for recent park openings and security staffing, announced the many programs and events available to residents in the Cultura magazine, requested an update to a mural to add a name, encouraged everyone to support local restaurants and businesses, and requested information about the name and location of the Fiestas Patrias. ADJOURNMENT – Adjourn the City Council meeting. MINUTES: Mayor Amezcua adjourned the City Council meeting at 9:39 P.M. Respectfully submitted: ___________________________ Jennifer L. Hall, CMC City Clerk