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HomeMy WebLinkAboutItem 07 - Draft Minutes for 8/1/2023, 8/15/2023, 8/29/2023, 9/19/2023, 10/3/2023, 10/9/2023, 10/17/2023 and 10/30/2023DRAT Minutes of the Regular Meeting of the City Council City of Santa Ana, California August 01, 2023 CLOSED SESSION MEETING - 4:30 P.M. REGULAR OPEN MEETING - 5:30 P.M. (Immediately following the Closed Session Meeting) CITY COUNCIL CHAMBER 22 Civic Center Plaza Santa Ana, CA 92701 CLOSED SESSION CALL TO ORDER MINUTES: MayorAmezcua called the Closed Session Meeting to order at 4.39 P.M. /_ri14►117_1►Is] �Kom1.TimILyi1571ii1 Mayor Pro Tern Mayor City Manager City Attorney City Clerk City Council 1 Phil Bacerra Johnathan Ryan Hernandez David Penaloza Thai Viet Phan Benjamin Vazquez Jessie Lopez Valerie Amezcua Kristine Ridge Sonia R. Carvalho Jennifer L. Hall 8/1 /2023 ROLL CALL MINUTES: City Clerk Jennifer L. Hall conducted roll call. Councilmembers Bacerra, Penaloza, Vazquez, and Hernandez, Mayor Pro Tem Lopez, and Mayor Amezcua were present. Councilmember Phan joined the meeting during Closed Session. ADDITIONS\DELETIONS TO CLOSED SESSION MINUTES: City Attorney Sonia Carvalho asked that an item be added to Closed Session Agenda as correspondence was received after the posting of the agenda on August 1, 2023: Consideration of case Albert Castillo vs. the City Council, the City of Santa Ana. She stated the case is a verified petition for Writ of Mandate and complaint for injunctive relief and to date there is no case number and the City of Santa Ana has not yet been served. City Attorney Carvalho recommended that Mayor Pro Tem Lopez not participate in the vote to add the item to the agenda nor to participate in the closed session matter. Mayor Pro Tem Lopez recused herself based on the advice of City Attorney Carvalho and left the dais at 4:43 P.M. MOTION: Councilmember Hernandez moved to add the closed session item to the Agenda, seconded by Councilmember Vazquez. The motion failed, 2-3-1-1, by the following roll call vote: AYES: COUNCILMEMBER HERNANDEZ, COUNCILMEMBER VAZQUEZ NOES: COUNCILMEMBER BACERRA, COUNCILMEMBER PENALOZA, MAYOR AMEZCUA ABSTAIN: MAYOR PRO TEM LOPEZ (recusal) ABSENT: COUNCILMEMBER PHAN STATUS: 2-3-1-1- FAIL PUBLIC COMMENTS-- Members of the public may address the City Council on Closed Session items. MINUTES: No public comments were received regarding Closed Session Agenda items. RECESS — City Council would recess to Closed Session for the purpose of conducting regular City business. MINUTES: Mayor Pro Tem Lopez returned to the dais and Mayor Amezcua recessed to consider the Closed Session items at 4:44 P.M. City Council 2 8/1/2023 CLOSED SESSION ITEMS — The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters would prejudice the position of the City in existing and anticipated litigation: 1. CONFERENCE WITH LEGAL COUNSEL —INITIATION OF LITIGATION pursuant to paragraph (4) of subdivision (d) of Section 54956.9 of the Government Code: One (1) case Consideration of Amicus Support of Petition for Writ of Certiorari by the City of Costa Mesa to the United States Supreme Court for review of the Ninth Circuit Court of Appeals decision in SoCal Recovery, LLC et al. v. City of Costa Mesa, 56 FAth 802 (9th Cir. 2023) 2. PUBLIC EMPLOYEE PERFORMANCE EVALUATION pursuant to Government Code Section 54957(b)(1) TITLES: City Manager, City Attorney, City Clerk CLOSED SESSION REPORT — The City Attorney would report on any action(s) from Closed Session. RECONVENE — City Council would reconvene to continue regular City business. CITY COUNCIL REGULAR OPEN SESSION CALL TO ORDER MINUTES: Mayor Amezcua reconvened the City Council meeting to order at 7:07 P.M. ATTENDANCE Council Members Mayor Pro Tern Mayor City Manager City Attorney City Clerk ROI I CAI I Phil Bacerra Johnathan Ryan Hernandez David Penaloza Thai Viet Phan Benjamin Vazquez Jessie Lopez Valerie Amezcua Kristine Ridge Sonia R. Carvalho Jennifer L. Hall MINUTES: City Clerk Jennifer L. Hall conducted roll call. Councilmembers Bacerra, Penaloza, Phan, and Vazquez, and Mayor Amezcua were present. Councilmember Hernandez joined the meeting at 7:09 P.M. and Mayor Pro Tem Lopez joined the meeting at 7:10 P.M. City Council 3 8/1/2023 PLEDGE OF ALLEGIANCE John Ramirez WORDS OF INSPIRATION Reverend Frank Wilder, Our Lady of the Pillar Church ADDITIONS\DELETIONS TO AGENDA I► 1117 11*1 iJ[.7T CEREMONIAL PRESENTATIONS 1. Certificate of Recognition presented by Mayor Amezcua to Everado Navarro for Outstanding Contributions to Public Safety. MINUTES: Mayor Amezcua presented a certificate of recognition to Everado Navarro and thanked him for his outstanding contribution to public safety related to an incident that occurred on May 19, 2023. 2. Certificate of Recognition presented by Mayor Pro Tern Lopez to Mia Verdin for Outstanding Contributions to the Community. MINUTES: Mayor Pro Tem Lopez presented a certificate of recognition to Mia Verdin for outstanding contributions to the community. 3. Certificate of Recognition presented by Councilmember Bacerra to Carol Chapman Cox for Outstanding Contributions to the Community. MINUTES: Councilmember Bacerra presented a certificate of recognition to Carol Chapman Cox for her outstanding contributions to the community and establishing the James and Dorothy Chapman Fund. 4. Proclamation declaring August 2023 as Chicano Heritage Month presented by Councilmember Hernandez to Sarinana's Tamale Factory. MINUTES: Councilmember Hernandez proclaimed August 2023 as Chicano Heritage Month and presented a proclamation to Teresa Nieves with Sarinana's Tamale Factory, the oldest Mexican restaurant in Orange County. 5. Certificate of Recognition presented by Councilmember Vazquez to Jimmy Rumsey for Outstanding Contributions to the Community. MINUTES: Councilmember Vazquez presented a certificate of recognition to Jimmy Rumsey for his outstanding contributions to the community. CLOSED SESSION REPORT MINUTES: City Attorney Sonia Carvalho reported Council supported to file an Amicus Brief for City Council 4 8/1/2023 Closed Session Agenda Item No. 1. Mayor Amezcua reported she has appointed an Ad Hoc Committee comprised of herself and Councilmembers Bacerra and Vazquez to review two Ethics Code complaints filed against Councilmember Hernandez and a Personnel Board member. She explained the Ad Hoc Committee would review and work with the City Attorney to make recommendations to the City Council. PUBLIC COMMENT — Public comments would be held during the beginning of the meeting for ALL comments on agenda and non -agenda items, except for public hearings. Comments for public hearings would take place after the hearing is opened. The following speakers addressed Council via teleconference: 1. Felicity Figueroa commented regarding the proposed intoxication detention and service offering policy. 2. Victor Payan thanked the City of Santa Ana for Gerry Serrano's investigation, urged residents to oppose the recall election, and spoke in support of Councilmember Hernandez's call to revisit fees for community spaces and centers. MOTION: Councilmember Hernandez moved to bring Councilmember comments before the end of the meeting. Motion died due to lack of a second. MINUTES: Councilmember Hernandez spoke regarding a potential violation of the Brown Act. He formally requested special outside legal counsel be appointed to him due to references made about his role as a councilmember related to citywide special events and stated he would like to move forward with an ethics complaint against Mayor Amezcua for a Brown Act violation on April 18, 2023, as he had provided written disclosure to City Attorney Carvalho on April 19, 2023. Councilmember Hernandez expressed concern regarding the lack of response from the District Attorney's office. 3. Sandra Pena Sarmiento, co -leader of the Pacific Park Neighborhood Association, spoke in support of Agenda Item No. 25. 4. Victor Mendez spoke regarding Agenda Item No. 18. He recommended restructuring for risk management liabilities, and commented on public intoxication and the recall certification petition. 5. Pat Davis thanked the City Council for the option to provide public comment via Zoom. She expressed concern on increased jail activity due to public intoxication, and spoke regarding Agenda Item No. 24 and in support of Mayor Pro Tem Lopez. 6. Eve Garrow spoke in opposition to the public intoxication and service offering policy. 7. Kimberly Adams expressed concern for the public intoxication and service offering policy. City Council 5 8/1/2023 The following speakers addressed Council in -person: 8. Mary Lara, Director of TKO Boxing Club, spoke regarding the struggle to have their boxing shows due to the associated fees for community spaces and centers. 9. David Duran expressed concern and spoke in opposition to the proposed intoxication detention and service offering policy. 10. John Raya, Founder of the TKO Youth Boxing Club, spoke in support of restructuring the fee schedule for the use of community spaces and centers. 11. Lupe Lopez expressed gratitude for the Proclamation of Chicano Heritage Month and expressed concern regarding being told her Native American regalia is a costume by a commissioner. 12. Rebecca Kovacs -Stein spoke in opposition to the proposed intoxication detention and service offering policy and offered alternatives. 13. Juliana Mushayev spoke in opposition to the proposed intoxication detention and service offering policy. 14. Alan Woo spoke in support of the reconsideration of fees for community spaces and centers. 15. Dan Bastian spoke regarding the Park Plan for 10t" and Flower St. and parking in the area for residents being very limited. 16. Karina Bastian shared frustration over police response times in the Willard District. 17. Koroush Karimi expressed concern regarding the proposed intoxication detention and service offering policy. 18. Claudia Morales (translation: Spanish) spoke in opposition and stated that jail time is not the answer to the proposed intoxication detention policy. 19. Maura Mikulec expressed concern regarding the proposed intoxication detention and service offering policy. 20. Lou Noble commented that criminalizing would not help alleviate the homeless problem. 21. Daniel Riley stated the intoxication detention is not a solution. 22. Wei Yu spoke in opposition to the intoxication detention and service offering program. 23. Irma Juaregui thanked Mayor Amezcua and Councilmember Penaloza for their support at Wilshire Square and spoke in support on proposed intoxication detention. City Council 6 8/1/2023 24. Maria Rosa Lopez spoke in opposition to the recall of Mayor Pro Tem Lopez. 25. Jannah spoke in opposition to the intoxication detention. 26. Araceli Robles (translation: Spanish) spoke in opposition to detaining individuals for intoxication. 27. Frida Ramirez spoke regarding the growing homeless population and creating a better solution. 28. Ivan Enriquez spoke in opposition to the recall of Mayor Pro Tem Lopez. 29. Alejandro Gonzalez (translation: Spanish) requested Organization 32 from Mexico be represented in the parade. 30. Javier Reynoso (translation: Spanish) echoed previous comments regarding the parade. 31. Tonatzin Reyes spoke regarding the fees for community spaces and centers. 32. Veronica Gomez commented on reconsidering the fees for community spaces and centers. 33. Jose Luis Ramirez (translation: Spanish) spoke regarding issues related to the procedures for the parade. 34. Jaime Edwards requested to meet with the coordinator of the parade. City Clerk Jennifer L. Hall reported out the summary of email comments received: sixteen (16) non -agenda comments and three (3) comments regarding Agenda Item No. 25. CONSENT CALENDAR RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 6 through 22, and waive reading of all resolutions and ordinances. MINUTES: At 9:35 P.M. the Consent Calendar was considered. Councilmember Hernandez requested to comment on Agenda Item No. 10. Councilmember Vazquez pulled Agenda Item No. 21 for separate discussion and consideration. City Council 7 8/1/2023 MOTION: Councilmember Bacerra moved to approve Consent Calendar Item Nos. 6 through 22, with the exception of Item No. 21, seconded by Councilmember Penaloza. The motion carried, 7-0, by the following roll call vote: AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA NOES: NONE ABSTAIN: NONE ABSENT: NONE Status: 7 — 0 — Pass 6. Excused Absences Department(s): City Clerk's Office Recommended Action: Excuse the absent members. 7. Appoint Frida Ramirez Nominated by Councilmember Penaloza as the Ward 6 Representative to the Santa Ana 2018 Measure X Citizen Oversight Committee for a Full -Term Expiring December 8, 2026 Department(s): City Clerk's Office Recommended Action: Appoint Frida Ramirez to the Santa Ana 2018 Measure X Citizen Oversight Committee as the Ward 6 representative and administer the Oath of Office. MINUTES: City Clerk Jennifer L. Hall administered the Oath of Office to Frida Ramirez. 8. Receive and File Boards and Commissions Biannual Attendance Report for January through June 2023 Department(s): City Clerk's Office Recommended Action: Receive and file Boards and Commissions Biannual Attendance Report 9. Quarterly Report for Housing Division Projects and Activities for the period of April 1, 2023 to June 30, 2023 Department(s): Community Development Agency Recommended Action: Receive and file the Quarterly Report for Housing Division Projects and Activities for the period of April 1, 2023 to June 30, 2023 City Council 8 8/1/2023 10. Update on Historic Street Sign Toppers - Informational Quick Reference (QR) Code Signs. Department(s): Planning and Building Agency Recommended Action: Receive and file an update on Historic Street Sign Toppers and informational Quick Reference (QR) code signs. MINUTES: Councilmember Hernandez thanked staff for their hard work and efforts. 11. Amend Purchase Order Contract with All American Asphalt to Increase the Annual Amount by $200,000 for Asphalt Pothole Repair (Specification No. 18-092) (General Fund) Department(s): Public Works Agency Recommended Action: Approve an amendment to the Purchase Order Contract with All American Asphalt, for asphalt pothole repair, to increase the compensation amount by $200,000, for a total annual amount not to exceed $1,400,000 for both the current two-year term that ends on November 30, 2023, and the two-year renewal term ending on November 30, 2025, subject to non -substantive changes approved by the City Manager and City Attorney. 12. Approve an Appropriation Adjustment and Capital Improvement Project Amendment for the Bristol -Tolliver Street Greening Project (Project No. 24-6600) (Non -General Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an appropriation adjustment to recognize $3,502,500 in Urban Greening Grant Program funding from the California Natural Resources Agency into the Public Works Agency Enterprise Capital Grants, State Grant -Direct Revenue Account and appropriate the same amount into the Public Works -Water Quality and Control, Improvements Other Than Building expenditure account. (Requires five affirmative votes) 2. Approve an amendment to the Fiscal Year 2023-24 Capital Improvement Program to include $3,502,500 of funding from the California Natural Resources Agency Urban Greening Grant Program for the Bristol -Tolliver Street Urban Greening Project. 13. Approve Agreement with WSP USA Environment & Infrastructure Inc. for Industrial/Commercial Inspection and National Pollutant Discharge Elimination System (NPDES) Program Support Services (Non -General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with WSP USA Environment & Infrastructure Inc. to provide stormwater related inspections of City Council 9 8/1/2023 industrial/commercial establishments and National Pollutant Discharge Elimination System Program Support Services for a three-year term beginning August 1, 2023 and expiring on July 31, 2026, with provisions for one two-year extension exercisable by the City Manager and City Attorney, for a total amount not to exceed $1,750,000 over the lifetime of the agreement, including the optional two-year extension period, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. A-2023-134). 14. Approve Agreement with Stearns, Conrad & Schmidt, Consulting Engineers, Inc. to Conduct a Cost of Service Study for the Sanitation Services User Charge, in an Amount Not to Exceed $82,875 (Specification No. 23-029) (Non -General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute a consultant agreement with Stearns, Conrad & Schmidt, Consulting Engineers, Inc. to conduct a cost of service study in an amount not to exceed $82,875, including a contingency of $16,575, for a three-year term beginning on August 1, 2023 and expiring July 31, 2026, with provision for one, two-year extension, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. A-2023-135). 15. Approve an Agreement with LOC Architects for Professional Architectural Services for the Santa Ana Zoo Educational Hub and an Amendment to the Fiscal Year 2023- 2024 Capital Improvement Project 23-2601 (Non -General Fund) Department(s): Public Works Agency Recommended Action: 1. Authorize the City Manager to execute an agreement with LOC Architects for professional architectural services for the Santa Ana Zoo Educational Hub Building project in the amount of $350,120 with a contingency amount of $35,000, for a total amount not to exceed $385,120, for a three-year term beginning August 1, 2023 and expiring July 31, 2026, with an option for one two-year extension, subject to non -substantive changes approved by the City Manager and the City Attorney (Agreement No. A-2023-136). 2. Approve an amendment to the Fiscal Year 2023-2024 Capital Improvement Program to include $385,120 of funding for the Santa Ana Zoo Educational Hub project (Project No. 23-2601). 16. Approve Amendment to Agreement with Governmentjobs.com dba NEOGOV to continue Recruitment and Onboarding Services (General Fund) Department(s): Human Resources Recommended Action: Authorize the City Manager to execute a First Amendment to the Agreement with NEOGOV to continue the services of Insight platform, Candidate Text Messaging, and eSkill Integration for a period of July 1, 2023 through June 30, 2024 with City Council 10 8/1/2023 the option of one, one (1)-year renewal, for an additional amount of $50,000 over the two years (approximately $25,000 each year), subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. A-2023-137). 17. Authorize the City to Retain Life, Accidental Death & Dismemberment (AD&D), and Long-term Disability (LTD) Insurance with The Standard Insurance Company, and approve Agreement with REACH Employee Assistance, Inc. for Employee Assistance Program Services Effective January 1, 2024 through December 31, 2026 Department(s): Human Resources Recommended Action: 1. Authorize the City to retain life, AD&D, and LTD disability group and voluntary life and AD&D insurances through The Standard Insurance Company, subject to annual competitive rate evaluation seeking the best service for the best price and non -substantive changes approved by the City Manager and City Attorney. 2. Authorize the City Manager to execute an Agreement with REACH Employee Assistance, Inc. ("REACH") to continue employee assistance program ("EAP") services effective January 1, 2024 through December 31, 2026, subject to annual competitive rate evaluation seeking the best service for the best price and non- substantive changes approved by the City Manager and City Attorney (Agreement No. A-2023-138). 18. Approve Renewal of Joint Powers Authority Agreement between the City of Santa Ana and Independent Cities Risk Management Authority (ICRMA), and Agreement between the City of Santa Ana and Arthur J. Gallagher and Approve Appropriation, Associated Insurance Premiums, Costs, Programs, and Regulatory Fees for an Amount Not to Exceed $11,625,000 (Non -General Fund) Department(s): Human Resources Recommended Action: 1. Authorize the City Manager to approve the Agreement between the City of Santa Ana ("City") and Arthur J. Gallagher, broker of record, from July 1, 2023 to June 30, 2024, for insurance brokerage services, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. A-2023-140). 2. Authorize the City Manager to approve payment of insurance premiums and associated programs to ICRMA in an amount not to exceed $7,500,000 protection of City assets, from July 1, 2023 to June 30, 2024 including but not limited to: a. Excess Liability Program b. Excess Workers' Compensation Program c. Auto Physical Damage Program d. Property and Equipment Program e. Crime Program f. Cyber Program g. Associated Programs City Council 11 8/1/2023 3. Authorize the City Manager to approve payment of insurance premiums to Arthur Gallagher, Broker, in an amount not to exceed $3,325,000 for ancillary coverages of City's assets, from July 1, 2023 to June 30, 2024 including but not limited to: a. General Liability Buffer Program b. Workers' Compensation Buffer Program c. Earth Movement & Flood and Difference in Coverage Program d. Terrorism Insurance Program e. Underground Storage Tank and Environmental Program 4. Authorize the City Manager to approve funding to cover FY 2023/24 City Special Events Insurance for events including but not limited to Fourth of July fireworks show, winter events, and other City -sponsored events as created and held, in an amount not to exceed $300,000. 5. Authorize the City Manager to approve the City's obligation to pay the State of California DIR estimated assessment in the amount not to exceed $500,000. 6. Approval of the Appropriation Adjustment would recognize $1,300,000 in Liability and Property Insurance Revenue, Prior Year Carryforward revenue account (No. 08009002-50001) and appropriate the same amount into the Liability & Property insurance account (No. 08009051-64010). (Requires five affirmative votes) 19.Appropriation Adjustment and Memorandum of Understanding Accepting Fiscal Year (FY) 2022 Improving Criminal Justice Response to Domestic Violence, Dating Violence, Sexual Assault, and Stalking Grant Program Funds Department(s): Police Department Recommended Action: Approve an appropriation adjustment recognizing $210,000 in grant revenue from the U.S. Department of Justice Grants and appropriate same to the Office on Violence Against Women Improving Criminal Justice Response expenditure account. (Requires five affirmative votes) 2. Authorize the City Manager to execute a Memorandum of Understanding with Human Options, Inc. accepting the FY 2022 Improving Criminal Justice Response to Domestic Violence, Dating Violence, Sexual Assault, and Stalking Grant in the amount of $210,000, for the period of October 1, 2022 through September 30, 2025, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. A-2023-141). 20.Adopt Resolution Appointing the Executive Director of Finance as Plan Administrator for Employee Savings Plans Department(s): Finance and Management Services Recommended Action: Adopt a resolution appointing the Executive Director of Finance as plan administer of the 457(b) Deferred Compensation Plan, the 401(a) Retirement Savings Plan, and the 401(h) Retirement Health Savings Plan. City Council 12 8/1/2023 RESOLUTION NO. 2023-049 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING RESOLUTIONS 2011-024 AND 2016-053 AND APPOINTING THE EXECUTIVE DIRECTOR OF THE FINANCE AND MANAGEMENT SERVICES AGENCY AS THE PLAN ADMINISTRATOR FOR THE CITY'S 457(B), 401(A) AND 401(H) PLANS 21.Adopt a Resolution for the Automated License Plate Reader Policy. Department(s): Public Works Agency Recommended Action: Adopt a Resolution for the Automated License Plate Reader Policy. RESOLUTION NO. 2023-050 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADOPTING THE CITY OF SANTA ANA AUTOMATED LICENSE PLATE READER (ALPR) POLICY FOR CONDUCTING PARKING STUDIES MINUTES: Councilmember Vazquez asked for clarification regarding the vehicle information being stored and saved. City Manager Kristine Ridge confirmed the application utilized for automated license plate reader would solely be used for statistics and no vehicle information would be kept. MOTION: Councilmember Hernandez moved to approve the recommended action for Item No. 21, seconded by Councilmember Penaloza. The motion carried, 7-0, by the following roll call vote: AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA NOES: NONE ABSTAIN: NONE ABSENT: NONE Status: 7 — 0 — Pass 22.Adoption of 2023 Local Guidelines for Implementing the California Environmental Quality Act ("CEQA") Department(s): Planning and Building Agency Recommended Action: Adopt a resolution adopting the 2023 Local Guidelines for Implementing the California Environmental Quality Act for the City of Santa Ana. City Council 13 8/1/2023 RESOLUTION NO. 2023-051 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADOPTING LOCAL CEQA GUIDELINES FOR IMPLEMENTING THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (PUBLIC RESOURCES CODE SECTIONS 21000 ET SEQ.) **END OF CONSENT CALENDAR** BUSINESS CALENDAR MINUTES: At 9:42 P.M. the Business Calendar was considered. 23.Adopt a Resolution and Approve an Agreement Authorizing Police Corporal Joshua Gripentrog to Purchase a Retired Santa Ana Police Department K-9, and Accepting the Donation of a Police K-9 from Johanna Scillieri for the Santa Ana Police Department K-9 Program Department(s): Police Department Recommended Action: 1. Adopt a resolution authorizing the purchase agreement between Santa Ana Police Corporal Joshua Gripentrog and the City of Santa Ana for the sale of a retired Santa Ana Police Department K-9, and accepting the donation of a Police K-9, equipment, and supplies from Johanna Scillieri for the Santa Ana Police Department's K-9 Program. RESOLUTION NO. 2023-052 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE AGREEMENT BETWEEN POLICE OFFICER GRIPENTROG AND THE CITY OF SANTA ANA RELATING TO THE PURCHASE OF A POLICE K-9 AND ACCEPTING THE DONATION OF A POLICE K-9, EQUIPMENT AND SUPPLIES FROM JOHANNA SCILLIERI FOR THE SANTA ANA POLICE DEPARTMENT K-9 PROGRAM 2. Authorize the City Manager to execute a purchase agreement with Santa Ana Police Corporal Joshua Gripentrog for the sale of a retired Police Department K-9 in the amount of $1, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. A-2023-142). MOTION: Councilmember Penaloza moved to approve the recommended action for Item No. 23, seconded by Mayor Amezcua. The motion carried, 7-0, by the following roll call vote: AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA NOES: NONE City Council 14 8/1/2023 ABSTAIN: NONE ABSENT: NONE Status: 7 — 0 — Pass 24.Accept the Certificate of Sufficiency for Petition to Recall Councilmember Jessie Lopez, City Council, Ward 3, and Either Adopt Resolutions Calling a Special Election and Adopting a Regulation for Officer's Statement or Direct Staff to Prepare Resolutions Calling a Special Election and Adopting a Regulation for Officer's Statement for Consideration at the August 15, 2023 City Council Meeting Department(s): City Clerk's Office Recommended Action: 1. Approve resolution accepting the certification of the Orange County Registrar of Voters as to the verification of signatures and the City Clerk's Certificate of Sufficiency for petition seeking to recall Councilmember Jessie Lopez, City Council, Ward 3; RESOLUTION NO. 2023-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ACCEPTING THE CERTIFICATE AS TO VERIFICATION OF SIGNATURES ON PETITION AND CERTIFICATE OF SUFFICIENCY FOR PETITION TO RECALL COUNCILMEMBER JESSIE LOPEZ Following acceptance of the certification, take one of the following actions: 2. Approve two resolutions: 1) Calling and giving notice of a Special Municipal Election for the submission of the question of the recall of Councilmember Jessie Lopez to a vote by the electorate of Ward 3 of the City of Santa Ana and requesting specified services from the County of Orange to conduct said election; RESOLUTION NO.2023-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL ELECTION TO BE HELD I N C O U N C I L WARD 3 ON TUESDAY, , 2023 FOR SUBMISSION OF THE QUESTION OF THE RECALL OF CERTAIN OFFICERS AND REQUESTING SPECIFIED SERVICES FROM THE COUNTY OF ORANGE TO CONDUCT SAID ELECTION; and 2) Adopting a regulation for officer's statement and establishing a system for payment of the cost of inclusion of the statement in the voter information guide. RESOLUTION NO.2023-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADOPTING A REGULATION FOR AN OFFICER WHOSE RECALL IS BEING SOUGHT PERTAINING TO A STATEMENT SUBMITTED TO THE VOTERS AT A SPECIAL ELECTION ON TUESDAY , 2023 AND ESTABLISHING A SYSTEM FOR PAYMENT OF THE COST OF City Council 15 8/1/2023 KO INCLUSION OF THE OFFICER'S STATEMENT IN VOTER INFORMATION GUIDE/PAMPHLET AND/OR ELECTRONIC COPY 3. Direct staff to prepare a resolution for approval at the August 15, 2023 Council meeting, submitting the question of the recall of Councilmember Jessie Lopez to a vote by the electorate of Ward 3 of the City of Santa Ana at a special election, and a resolution adopting a regulation for officer's statement. MINUTES: Mayor Pro Tern Lopez recused herself from the item and left the dais at 9:49 P. M. City Clerk Jennifer L. Hall presented the staff report. Councilmember Vazquez stated he rejected the recall petition certificate based on the petitioners deceiving the citizens of Ward 3. Councilmember Hernandez stated he rejected the recall petition certificate based on the strategy implemented by Gerry Serrano. Councilmember Phan spoke regarding the Registrar of Voters' estimate for the election and multiple potential elections, and stated that the recall money could be used for other resources. MOTION: Councilmember Hernandez moved to continue Agenda Item No. 24 to the August 151" City Council Meeting, seconded by Councilmember Phan. The motion failed, 3-3-1, by the following roll call vote: AYES: COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ NOES: COUNCILMEMBER BACERRA, COUNCILMEMBER PENALOZA, MAYOR AMEZCUA ABSTAIN: MAYOR PRO TEM LOPEZ (recusal) ABSENT: NONE Status: 3-3— 1 - 0 — FAIL MINUTES: Councilmember Bacerra asked for clarification on the next steps due to the 3-3 vote and should action not be taken by August 15t" deadline. City Attorney Sonia Carvalho provided clarification. City Clerk Hall stated that if action is not taken by the City Council to call for an election by August 15, 2023 it would go to the County Register of Voters (ROV), Bob Page, who has five (5) days to set an election date. City Council 16 8/1/2023 MOTION: Councilmember Penaloza moved to approve Recommended Action Nos. 1 and 2 and set the recall election on November 7, 2023, seconded by Councilmember Bacerra. MINUTES: Councilmember Penaloza asked why the City Council would want to postpone the item to a later date. Councilmember Phan expressed why she would want to postpone the item. Mayor Amezcua commented that if no agreement is made by August 15, 2023, the ROV would set the date. Councilmember Phan asked for clarification regarding associated attorney fees. City Attorney Carvalho confirmed the City had not been officially served, she could not provide an assessment on the case due to insufficient time to review, and spoke regarding attorney fees. She stated that if the City Council postponed the item, the City Attorney's Office would be able to provide a clear opinion and analysis. Councilman Bacerra asked whether the plaintiff would still seek attorney fees if the City Council moved forward or postponed the decision. City Attorney Carvalho confirmed attorney fees would be recovered by plaintiff. Discussion ensued regarding postponing or moving forward with the item and City Attorney's analysis. Councilmember Bacerra asked City Clerk Hall when she approved the petition signature gathering, when the proponents submitted the required signatures, and when the City Clerk's Office submitted to the ROV. City Clerk Hall stated she approved the petition for signature gathering on April 7, 2023, accepted the required signatures by the proponents on June 12, 2023, and submitted the signatures to the ROV on June 13, 2023. Discussion ensued regarding the continuance of the item to August 15, 2023. MOTION: Councilmember Penaloza moved to approve Recommended Action Nos. 1 and 2 and set the recall election on November 7, 2023, seconded by Councilmember Bacerra. City Council 17 8/1/2023 The motion failed, 3-3-1, by the following roll call vote: AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER PENALOZA, MAYOR AMEZCUA NOES: COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ ABSTAIN: MAYOR PRO TEM LOPEZ (recusal) ABSENT: NONE Status: 3-3— 1 - 0 — FAIL MINUTES: City Clerk Hall stated she would ministerially return the item for consideration on August 15tn MOTION: Councilmember Bacerra moved to approve Recommended Action No. 1, seconded by Councilmember Penaloza. SUBSTITUTE MOTION: Councilmember Hernandez moved to continue Agenda Item No. 24 to August 15, 2023, seconded by Councilmember Vazquez. The substitute motion failed, 3-3-1, by the following roll call vote: AYES: COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ NOES: COUNCILMEMBER BACERRA, COUNCILMEMBER PENALOZA, MAYOR AMEZCUA ABSTAIN: MAYOR PRO TEM LOPEZ (recusal) ABSENT: NONE Status: 3-3— 1 - 0 — FAIL MOTION: Councilmember Bacerra moved to approve Recommended Action No. 1, seconded by Councilmember Penaloza. The motion failed, 3-3-1, by the following roll call vote: AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER PENALOZA, MAYOR AMEZCUA NOES: COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ ABSTAIN: MAYOR PRO TEM LOPEZ (recusal) ABSENT: NONE Status: 3-3— 1 - 0 — FAIL MINUTES: Councilmember Phan stated that the certificate of sufficiency is the issue raised in the lawsuit, which is why she voted no. Mayor Pro Tem Lopez returned to the dais at 10:25 P.M. City Council 18 8/1/2023 **END OF BUSINESS CALENDAR** COUNCILMEMBER REQUESTED ITEMS 25. Discuss and Consider Directing the City Manager to Re -consider Fees for Registering Events and Reserving Facilities to Create a Community -Friendly Atmosphere — Councilmember Hernandez MINUTES: Councilmember Hernandez thanked public speakers who participated in the public comments and proposed to decrease fees for Neighborhood Association events. Councilmember Phan spoke in opposition to Councilmember Hernandez's proposition. Councilmember Vazquez spoke in support of the item in question. Mayor Pro Tem Lopez spoke in support of the item. Councilmember Penaloza spoke in opposition to reconsidering fees for community facilities. Councilmember Bacerra stated he would not be supporting the item. Mayor Amezcua closed the discussion by recalling the City Manager's comment that there is no money in the budget and stated she would not be supporting the item due to insufficient funds. City Manager Kristine Ridge stated there is no majority support for the item to be returned. 26. Discuss and Consider Directing the City Manager to Return for City Council's Consideration a Resolution in Support of AB1306 to Harmonize State Policy with Broadly -Supported, Existing Criminal -Justice Reforms — Councilmember Vazquez MINUTES: Councilmember Vazquez spoke regarding AB1306 and requested Council's support. Councilmember Hernandez and Councilmember Phan voiced support on the item. Councilmember Penaloza asked Councilmember Vazquez for clarification and example(s) where the resolution would apply. Councilmember Vazquez provided examples to justify the item. Councilmember Penaloza stated he would not support the item. Mayor Pro Tem Lopez expressed support of the item. City Council 19 8/1/2023 Councilmember Bacerra commented and voiced that he would not support the item. Mayor Pro Tem Lopez provided comments to clarify the basis of the resolution. Mayor Amezcua provided comment and asked City Manager Kristine Ridge for more information regarding AB 1306 and the impact for the City. Councilmember Vazquez provided clarification on the resolution to support AB1306. City Attorney Sonia Carvalho stated that the requested items are intended for simple answers to be considered for future agendas and are not intended for a full debate. Mayor Amezcua thanked City Attorney Carvalho for the clarification and requested the City Manager bring back the item for discussion with more information. City Manager Kristine Ridge stated she had majority support to return with a resolution. Mayor Amezcua expressed she was not in support of the item due to the lack of information. MINUTES: Mayor Amezcua recessed the City Council Meeting to consider the Housing Authority agenda at 11:12 P.M. and reconvened at 11:14 P.M. CITY MANAGER COMMENTS MINUTES: None COUNCIL COMMENTS AB1234 DISCLOSURE — If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended. MINUTES: Councilmember Bacerra provided a reminder regarding his monthly community office hours on Saturday August 5t" at 10:00 A.M. at Carl Thornton Park. Councilmember Phan expressed excitement on actions regarding an electric trash truck, reported that National Night Out was a fantastic time, and urged responses to the parking survey. Councilmember Vazquez announced a community clean up, highlighted that President Biden spoke regarding Santa Ana's Rental Protection Program, and thanked Councilmembers Phan, Hernandez, and Mayor Pro Tem Lopez for the program. Mayor Pro Tem Lopez announced a creek clean up with OC Habitats on August 11 t", stated her office hours at Jack Fisher Park the following day, and thanked the Housing Division staff and City Manager Kristine Ridge regarding rent control for recognition by the White House. City Council 20 8/1/2023 Councilmember Penaloza wished Wilshire Square a Happy 100t" birthday and thanked Parks and Recreation staff for the Brew at the Zoo event. Mayor Amezcua asked City Manager Kristine Ridge to use the billboard for public relations, spoke regarding the fundraiser event for Justice for Victoria at Chapter One, and announced that on July 18t" the City Council approved a Sister City agreement with the City of Sahuayo Michoacan. ADJOURNMENT MINUTES: MayorAmezcua adjourned the City Council meeting at 11:28 P.M. Respectfully submitted: Jennifer L. Hall, CMC City Clerk City Council 21 8/1/2023 DRAT Minutes of the Regular Meeting of the City Council City of Santa Ana, California August 15, 2023 CLOSED SESSION MEETING - 4:00 P.M. REGULAR OPEN MEETING - 5:30 P.M. (Immediately following the Closed Session Meeting) CITY COUNCIL CHAMBER 22 Civic Center Plaza, Santa Ana, CA 92701 CLOSED SESSION CALL TO ORDER MINUTES: Mayor Amezcua called the Closed Session Meeting to order at 4:08 P.M. ATTENDANCE Council Members Mayor Pro Tern Mayor City Manager City Attorney City Clerk City Council 1 Phil Bacerra Johnathan Ryan Hernandez David Penaloza Thai Viet Phan Benjamin Vazquez Jessie Lopez Valerie Amezcua Kristine Ridge Sonia R. Carvalho Jennifer L. Hall 08/15/2023 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 Attorney Sonia Carvalho asked that an item be added to the Closed Session Agenda regarding a syringe program, noting that the City had received notice after the agenda was posted and there was an immediate need to take action. MOTION: Mayor Amezcua moved to add a closed session item related to the syringe program to the agenda, seconded by Councilmember Bacerra. The motion carried, 5-0-0-2, by the following roll call vote item: AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ, MAYOR AMEZCUA NOES: NONE ABSTAIN: NONE ABSENT: COUNCILMEMBER HERNANDEZ, MAYOR PRO TEM LOPEZ Status: 5-0-0-2- PASS PUBLIC COMMENTS — Members of the public may address the City Council on Closed Session items. MINUTES: No public comments were received regarding Closed Session Agenda items. RECESS — City Council will recess to Closed Session for the purpose of conducting regular City business. MINUTES: Mayor Amezcua recessed to consider the Closed Session items at 4:10 P.M. 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 the Government Code: A. Albert Castillo v. City Council of the City of Santa Ana, et al., Orange County Superior Court, Case No. 30-2023-01339759-CU-WM-CJC City Council 2 08/15/2023 MINUTES: Mayor Pro Tem Lopez recused herself from the discussion of Closed Session Item No. 1A, left the room at 4:31 P.M., and returned to the room at 4:39 P.M. upon conclusion of the item's consideration. B. Micah's Way v. City of Santa Ana, et al., United States District Court, Case No. 8:23-CV-00183-DOC-KES 2. PUBLIC EMPLOYEE PERFORMANCE EVALUATION pursuant to Government Code Section 54957(b)(1) TITLES: City Manager, City Attorney, City Clerk 3. CONFERENCE WITH LABOR NEGOTIATOR pursuant to California Government Code Section 54957.6(a) Agency Designated Representative: Jason Motsick, Human Resources Executive Director Unrepresented Employees: City Manager, City Attorney, City Clerk 4. CONFERENCE WITH LEGAL COUNSEL — INITIATION OF LITIGATION pursuant to paragraph (4) of subdivision (d) of section 54956.9 of the Government Code: One (1) case. RECONVENE — City Council will reconvene to continue regular City business. CITY COUNCIL REGULAR OPEN SESSION CALL TO ORDER MINUTES: Mayor Amezcua reconvened the City Council Meeting to order at 6:34 P.M. ATTENDANCE Council Members Phil Bacerra Johnathan Ryan Hernandez David Penaloza Thai Viet Phan Benjamin Vazquez Mayor Pro Tern Jessie Lopez Mayor Valerie Amezcua City Manager Kristine Ridge City Attorney Sonia R. Carvalho City Clerk Jennifer L. Hall City Council 3 08/15/2023 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 WORDS OF INSPIRATION Volunteer Audience Member Rupert Vega, Police Chaplain ADDITIONS\DELETIONS TO AGENDA MINUTES: City Clerk Jennifer L. Hall stated that Public Hearing Item No. 29 was cancelled and would be re -noticed and heard at a later date. CEREMONIAL PRESENTATIONS 1. Certificate of Recognition presented by Mayor Amezcua to Alexis Rodriguez Mejia for Academic Excellence/Accomplishments. MINUTES: Mayor Amezcua presented a certificate of recognition to Alexis Rodriguez Mejia for his Academic Excellence and Accomplishments. 2. Certificate of Recognition presented by Councilmember Hernandez to the late B-Boy Abu for Outstanding Contributions to the Community. MINUTES: Councilmember Hernandez presented a certificate of recognition for outstanding contributions to the community to Aaron Mostel on behalf of the late Alex Ponce, aka B-Boy Abu. 3. Proclamation presented by Councilmember Vazquez declaring August 28 — September 1, 2023 as National Community Health Workers Awareness Week. MINUTES: Councilmember Vazquez proclaimed August 28 to September 1, 2023 as National Community Health Workers Awareness Week and presented a proclamation to Josefina Jimenez, Maria Melan, and Ana Lydia. STAFF PRESENTATIONS 4. Permit Parking Program Update MINUTES: Public Works Director Nabil Saba gave a presentation regarding the Permit Parking Program Update. City Council 4 08/15/2023 CLOSED SESSION REPORT MINUTES: City Attorney Sonia Carvalho announced that an item was added to the closed session involving the California Department of Public Health's approval for a syringe/needle exchange delivery program, and reported that City Council authorized a challenge to the approval. PUBLIC COMMENT — Public comments will be held during the beginning of the meeting for ALL comments on agenda and non -agenda items, except for public hearings. Comments for public hearings will take place after the hearing is opened. MINUTES: The following speakers addressed Council via teleconference: 1. Daisy Ramirez spoke in opposition to Agenda Item No. 14. 2. Kara Sandoval expressed concern and spoke in opposition to Agenda Item No. 14. 3. Sonia Hernandez spoke in support of Agenda Item No. 14 4. Eve Garrow urged rejection for Agenda Item No. 14. 5. Pat Davis expressed concern regarding Agenda Item No. 14. 6. Lou Noble spoke regarding Agenda Item No. 14. 7. Martha Molina thanked Mayor Amezcua regarding the needle exchange program, and spoke in support of Agenda Item No. 14. 8. Victor Payan invited the public to attend their Free Smart Walk South Main Arts Retail and Technology Resource Fair, spoke in support of revisiting fees for community centers, and spoke in opposition to Agenda Item No. 27. The following speakers addressed Council in -person: 9. Angela Capoccia spoke in support of permit parking. 10. Alan Cottle expressed concern regarding permit parking and the risk for children when parking cars on a street. 11. Adam Zylstra spoke in support of permit parking and asked for support from Code Enforcement. 12. Brad Day spoke in opposition to permit parking and stated it is unsafe. 13. Janella Simpson spoke regarding Agenda Item No. 13. 14. Josey Tenorio commented on violence and murders against women and spoke in opposition to Agenda Item No. 14. City Council 5 08/15/2023 15. James Rocha questioned why the art show at the Chicano Heritage Festival was cancelled. 16. Abram Moya Jr. echoed previous comments. 17. Tonatzin Reyes spoke in opposition to the cancellation of the art show. 18. Dale Helvig spoke in support of Agenda Item No. 14, spoke in opposition to the needle exchange program, and asked for support for the residents of Maui. 19. Uma Upasani spoke in opposition to Agenda Item No. 14. 20. David Ball asked for the cancelled art show to resume and expressed support forAgenda Item No. 14. 21. Kimberly Adams expressed concern regarding Agenda Item No. 14. 22. Danny Vega commented on the homelessness issue and affordable housing. 23. Maura Mikulec commented on Agenda Item No. 14 and the limited options for homeless individuals. 24. David Duran spoke in opposition to Agenda Item No. 14. 25. Brian Mendoza commented on the benefits of housing and spoke in opposition to Agenda Item No. 14. 26. Adam Overton spoke in opposition to Agenda Item No. 14. 27. Irma Juaregui expressed support for Agenda Item No. 14. 28. John Ramirez echoed previous comments and disagreed with the syringe distribution program. 29. Daniel Riley spoke in opposition to Agenda Item No. 14. 30. Frida Ramirez spoke in support of Agenda Item No. 14 31. Claudio Bornancini echoed previous comments. 32. Bertha Carrillo asked for solutions on homelessness. 33. Victor Mendez commented on Agenda Item No. 14. 34. Juliana Musheyev spoke in opposition to Agenda Item No. 14. City Council 6 08/15/2023 35. Nellie Le Gaspe expressed concern regarding a resident of Garden Grove slandering her at City Council meetings. 36.Iveen Roubedeaux expressed concern regarding the resident of Garden Grove slandering Nellie. City Clerk Jennifer L. Hall reported out the summary of email comments received: four (4) comments regarding Agenda Item No. 4, two (2) comments on Agenda Item No. 12, 134 comments related to Agenda Item No. 14, one (1) comment on Agenda Item No. 15, two (2) comments on Agenda Item No. 27, 24 comments on Agenda Item No. 29, and ten (10) non -agenda comments. CONSENT CALENDAR RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 5 through 26 and waive reading of all resolutions and ordinances. MINUTES: At 9:04 P.M., the Consent Calendar was considered. Councilmember Hernandez moved the calendar and pulled Agenda Item No. 14 for separate discussion and consideration. Councilmember Bacerra pulled Agenda Item Nos. 12 and 14 for separate discussion and consideration. Councilmember Phan recused herself from Agenda Items Nos. 9 and 22 as the listed entities are clients of her employer, Rutan & Tucker. Councilmember Vazquez pulled Agenda Item No. 14 for separate discussion and consideration. Councilmember Penaloza pulled Agenda Item Nos. 9, 16, and 26 for separate discussion and consideration. Mayor Pro Tem Lopez pulled Agenda Item No. 9 for separate discussion and consideration. Mayor Amezcua requested to comment on Agenda Item No. 15. MOTION: Councilmember Hernandez moved to approve the Consent Calendar with the exceptions of Agenda Items No. 9, 12, 14, 16, and 26, seconded by Councilmember Bacerra. The motion carried, 7-0, by the following roll call vote: City Council 7 08/15/2023 AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA NOES: NONE ABSTAIN: NONE ABSENT: NONE Status: 7-0 — Pass 5. Excused Absences Department(s): City Clerk's Office Recommended Action: Excuse the absent members. 6. Appoint Maria Baeza Nominated by Mayor Pro Tern Lopez as the Ward 3 Representative to the Environmental and Transportation Advisory Commission for a Partial -Term Expiring December 10, 2024 Department(s): City Clerk's Office Recommended Action: Appoint Maria Baeza to the Environmental and Transportation Advisory Commission as the Ward 3 representative and administer the Oath of Office. MINUTES: City Clerk Jennifer L. Hall administered the Oath of Office to Maria Baeza. 7. (Re)appoint Members to the Workforce Development Board for a Four -Year Term Department(s): Community Development Agency Recommended Action: 1. Reappoint Ignacio Alegre, Gail Araujo, Annebelle Nery, Enrique Perez, Johanna Rivera, Bob Tucker, and Dennis Varnum to the Santa Ana Workforce Development Board for a four-year term expiring May 31, 2027. 2. Appoint Veronica Hernandez (replacing Magdalena Fernandez) for a partial four-year term expiring May 31, 2026. 3. Appoint Rhonda Miller (replacing Stacey Sanchez) for a partial four-year term expiring May 31, 2026. 8. Authorize Staff to Provide a Letter of Interest to CalOptima Health to Have the City of Santa Ana be Considered as a Future Expansion City for its Street Medicine Program Department(s): Community Development Agency Recommended Action: Authorize staff to provide a Letter of Interest to CalOptima Health to launch a Street Medicine Program in the City of Santa Ana that will provide health and social care developed specifically to address the complex needs and circumstances of unhoused, unsheltered individuals in the City of Santa Ana. City Council 8 08/15/2023 9. Approve a Modification to the Fiscal Year 2023-24 Annual Action Plan and Budget for the Emergency Solutions Grant Program Department(s): Community Development Agency Recommended Action: 1. Approve a modification to the Fiscal Year 2023-24 Annual Action Plan and Budget for the Emergency Solutions Grant Program. 2. Direct the City Attorney to finalize and authorize the City Manager to execute a subrecipient agreement with Illumination Foundation, in the amount of $100,000, for a term beginning August 15, 2023 — June 30, 2024, for rapid rehousing and homeless prevention activities, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. A-2023-145). MINUTES: Councilmember Phan recused herself from Agenda Item No. 9 as the listed entity is a client of her employer, Rutan & Tucker, and left the dais at 9:08 P.M. Councilmember Penaloza expressed support of the item and asked City Manager Ridge and City Attorney Sonia Carvalho to revise the language to include various forms of public transit to be included in the use of funds. Councilmember Hernandez expressed support for the item. Mayor Pro Tem Lopez asked City Manager Ridge for clarification on the language within the agreement regarding legal services. Community Development Executive Director Mike Garcia called upon Jordan from Illumination Foundation for further explanation. Jordan Hoiberg, Illumination Foundation, provided clarification regarding legal services. Mayor Pro Tern Lopez thanked Jordan for the clarification and requested a quarterly report be compiled to include information as to how many people are assisted and the associated cost. Mayor Amezcua added and asked to arrange that no children are sheltered, and that they be relocated to motels or forever homes. City Manager Kristine Ridge assured Mayor Amezcua that her request would be accommodated. MOTION: Councilmember Penaloza moved to approve the recommended action for Item No. 9, as amended to include public transit and quarterly reports, seconded by Councilmember Hernandez. The motion carried, 6-0-1, by the following roll call vote: City Council 9 08/15/2023 AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA NOES: NONE ABSTAIN: COUNCILMEMBER PHAN (recusal) ABSENT: NONE Status: 6-0-1— Pass MINUTES: Councilmember Phan returned to the dais at 9:17 P.M. 10. Approve Appropriation Adjustment to Program Year 2023-24 Budget for the National Dislocated Worker Grant and Workforce Innovation and Opportunity Act Programs Department(s): Community Development Agency Recommended Action: 1. Approve an appropriation adjustment recognizing additional National Dislocated Worker Grant, Employment Recovery funds from the State of California, Employment Development Department to provide re-employment and training services to individuals impacted by COVID-19 in the amount of $360,000 in revenue account (no. 12318002-52009) and appropriating same to expenditure account (no. 12318762-6xxxx) (Requires five affirmative votes). 2. Approve an appropriation adjustment recognizing $2,884 in additional Dislocated Worker Title Workforce Innovation and Opportunity Act funds from Program Year 2022-23 in revenue account (no. 12318002-52001) and appropriating same to expenditure accounts (no. 12318752-61000 and 12318754-69138) for Program Year 2023-24 (Requires five affirmative votes). 11. Agreement with the State of California Workforce Development Board for the Prison to Employment (132E) 2.0 Grant Department(s): Community Development Agency Recommended Action: Authorize the City Manager or designee to execute an agreement with the State of California Workforce Development Board (M90462- 7120) for the Prison to Employment 2.0 Grant, for a term from August 16, 2023 through December 31, 2025, in an amount not to exceed $927,341.16, subject to non- substantive changes approved by the City Manager and City Attorney (Agreement No. A-2023-146). 12. Authorize a Purchase and Sale Agreement in the Amount of $3,826,000 for Full Real Property Acquisition for 28 Civic Center Plaza (Property Owner: State of California) (Non -General Fund) Department(s): Community Development Agency City Council 10 08/15/2023 Recommended Action: Authorize the City Manager to execute the Purchase and Sale Agreement and all required documents for the acquisition of real property located at 28 Civic Center Plaza (APN: 008-067-36), in the amount of $3,826,000 plus closing costs and escrow fees, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. A-2023-147). MINUTES: Councilmember Penaloza expressed support for the item and stated, for the record, that the future Civic Center will include State and Federal Government offices alongside the City and County buildings. MOTION: Councilmember Bacerra moved to approve the recommended action for Item No. 12, seconded by Mayor Amezcua. The motion carried, 7-0, by the following roll call vote: AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ, MAYOR NOES: AMEZCUA ABSTAIN: NONE ABSENT: NONE Status: 7-0 — Pass 13. Receive and File the Orange County Grand Jury's Investigative Report, Findings, and Recommendations Regarding Group Homes and the Orange County Animal Care Shelter and Authorize the City Manager to Deliver the City's Response to the Findings and Recommendations to the Presiding Judge of the Superior Court Department(s): Planning and Building Agency Recommended Action: Receive and File the Orange County Grand Jury's Investigative Report, Findings, and Recommendations Regarding Group Homes and the Orange County Animal Care Shelter and Authorize the City Manager to Deliver the City's Response to the Findings and Recommendations to the Presiding Judge of the Superior Court. 14. Public Intoxication and Substance Abuse Enforcement Informational Report Department(s): Police Department Recommended Action: Receive and file. MINUTES: City Manager Kristine Ridge explained that the Public Intoxication and Substance Abuse Enforcement received majority vote for implementation two (2) City Council meetings prior, and this item was solely a receive and file. Councilmember Vazquez stated the City of Santa Ana should not be the bearer to solve the issue and called for a creation of an Unhoused Committee. City Council 11 08/15/2023 Councilmember Hernandez spoke in opposition to police involvement with homelessness. Councilmember Phan spoke in support of the item. Mayor Pro Tem Lopez expressed support for Chief Valentin and stated the plan was implemented as a result of resident pleas. Councilmember Penaloza clarified that the Public Intoxication and Substance Abuse Enforcement is not to target homeless and spoke in support of the item. Councilmember Bacerra asked when residents should see the policy in effect. Police Chief David Valentin stated the policy is in full effect and quarterly reports would be provided. Councilmember Penaloza thanked Chief Valentin and his team for being proactive at the Santa Ana hot spots. Councilmember Vazquez thanked Chief Valentin and requested the list of priorities for the Police Department to review where the Public Intoxication and Substance Abuse Enforcement would be on that list. Discussion ensued regarding medical care within jail facilities. Mayor Amezcua requested monthly reports. No formal action taken. 15. Street Naming No. 2023-01 to Change the Name of a Segment of North Mabury Street and South Elk Lane between East Fourth Street and East Chestnut Avenue, Adjacent to the Santa Ana Zoo, to South Zoo Lane Department(s): Parks, Recreation, and Community Services Recommended Action: Affirm the Planning Commission's adoption of a resolution approving Street Naming No. 2023-01 to change the name of segments of North Mabury Street and South Elk Lane between East Fourth Street and East Chestnut Avenue, adjacent to the Santa Ana Zoo, to South Zoo Lane. MINUTES: Mayor Amezcua called upon Director of Parks and Recreation Scott. Director of Parks and Recreation Hawk Scott provided a brief history, and presented the new street sign of Zoo Lane. City Council 12 08/15/2023 16. Receive and File Informational Report Regarding Partnership Agreements with the Office of Congressman Lou Correa and the Office of Supervisor Vicente Sarmiento for Chicano Heritage Festival 2023 Department(s): Parks, Recreation, and Community Services Recommended Action: 1. Receive and File Informational Report Regarding Partnership Agreements with the Office of Congressman Lou Correa and the Office of Supervisor Vicente Sarmiento for Chicano Heritage Festival 2023. 2. Approve an appropriation adjustment to recognize a total financial donation in the amount of $5,000 from the Office of Congressman Lou Correa. (Requires five affirmative votes) 3. Approve an appropriation adjustment to recognize a total financial donation in the amount of $10,000 from the Office of Supervisor Vicente Sarmiento. (Requires five affirmative votes) MINUTES: Councilmember Penaloza spoke in opposition to the item, due to an elected official's involvement. Councilmembers Hernandez and Vazquez expressed their support for the item and extended their gratitude to the elected officials for their donations to the Chicano Heritage Festival. Councilmember Phan expressed her support for those willing to work with the City of Santa Ana to donate to the Chicano Heritage Festival. Councilmembers Vazquez and Hernandez spoke regarding the political aspect of the event. MOTION: Councilmember Hernandez moved to approve the recommended action for Item No. 16, seconded by Councilmember Vazquez. SUBSTITUTE MOTION: Councilmember Phan moved to approve the recommended action for Item No. 16, with the direction to staff to review the policy related to elected officials and candidates as potential sponsors, seconded by Councilmember Hernandez. The substitute motion failed, 3-3-0-1, by the following roll call vote: AYES: COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ NOES: COUNCILMEMBER BACERRA, COUNCILMEMBER PENALOZA, MAYOR AMEZCUA ABSTAIN: NONE ABSENT: MAYOR PRO TEM LOPEZ Status: 3-3-0-1— FAIL City Council 13 08/15/2023 MOTION: Councilmember Hernandez moved to approve the recommended action for Item No. 16, seconded by Councilmember Vazquez. The motion failed, 3-3-0-1, by the following roll call vote: AYES: COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ NOES: COUNCILMEMBER BACERRA, COUNCILMEMBER PENALOZA, MAYOR AMEZCUA ABSTAIN: NONE ABSENT: MAYOR PRO TEM LOPEZ Status: 3-3-0-1— FAIL (See page No. 22 for the reconsideration of Agenda Item No. 16.) 17. Approve an Appropriation Adjustment to Receive Sponsorship Funds from, and Enter into Sponsorship Agreement with, Laborers' International Union Local #652 for the Chicano Heritage Festival 2023 Department(s): Parks, Recreation, and Community Services Recommended Action: 1. Approve an appropriation adjustment to recognize a total amount of $7,000 in Sponsorship Funds from Laborers' International Union Local #652. (Requires five affirmative votes) 2. Authorize the City Manager to execute a Sponsorship Agreement with Laborers' International Union Local #652, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. A-2023-148). 18. Receive and file Quarterly Report of Contracts authorized by the City Manager as permitted by Charter Section 421. Department(s): Finance and Management Services Recommended Action: Receive and file Quarterly Report of Contracts entered into between April 1, 2023 to June 30, 2023. 19. Amend Aggregate Blanket Order Contracts for Office Furniture, Installation, and Related Services with GM Business Interiors, People Space, Inc., Pivot Interiors, Inc., Quality Office Furnishing, Inc., Culver -Newlin, Inc., and Yamada Enterprises, and include National Business Furniture to the list of approved vendors on contract, for a new not -to -Exceed Aggregate Amount of $10,507,548. (Specification No. 19-114, 23- 080, 23-081, 23-082, 23-092) (General and Non -General Fund) Department(s): Finance and Management Services City Council 14 08/15/2023 Recommended Action: 1. Authorize the City Manager to execute an amendment to increase the aggregate contract authority by $4,480,000 for various citywide furniture projects, for a new aggregate not to exceed amount of $10,507,548. 2. Authorize the City Manager to include National Business Furniture in the list of approved vendors on the aggregate contracts listed below, with a term expiring on May 31, 2026, with provisions for one additional renewal option, subject to non- substantive changes approved by the City Manager and City Attorney. Vendor Culver -Newlin GM Business Interiors National Business Furniture People Space Pivot Interiors Quality Office Furnishings, Inc. Yamada Enterprises 20. Historic Property Preservation Agreement Department(s): Planning and Building Agency Location Corona, CA Riverside, CA Milwaukee, WI Irvine, CA Costa Mesa, CA Yorba Linda, CA Huntington Beach, CA Recommended Action: Authorize the City Manager or designee to execute the Mills Act agreement with the below -referenced property owners for the identified structure(s), subject to non -substantive changes approved by the City Manager and City Attorney. Property Historic Address/House Vote by HRC Owner(s) Property Preservation Daniel and Diana 2023-06 621 North 5:0:0:3 Vogel Spurgeon Street (Jauregui, (Agreement No. Shipp, and No. A-2023-149) Cornelius Absent 21. Approve an Appropriation Adjustment for the Santiago Park Trail and Habitat Restoration Project (Project No. 24-6601) (Non -General Fund) Department(s): Public Works Agency Recommended Action: Approve an appropriation adjustment to recognize the State Coastal Conservancy grant revenue of $400,000 into the Public Works Agency (PWA) Parks Capital Grants, State Grant -Direct Revenue Account and appropriate the same amount into the SA River Conservancy Program, Improvements Other Than Buildings. (Requires five affirmative votes) City Council 15 08/15/2023 22. Award Aggregate Blanket Order Contracts to ADT, LLC, Siemens Industry, Inc., and VFS Fire & Security Services for Fire Alarm and Sprinkler Systems Inspection, Repair, and Maintenance Services in a Not -to -Exceed Aggregate Amount of $2,000,000 (Specification No. 23-063) (General and Non -General Fund) Department(s): Public Works Agency Recommended Action: Award aggregate blanket order contracts to ADT, LLC, Siemens Industry, Inc., and VFS Fire & Security Services for fire alarm and sprinkler systems inspection, repair, and maintenance services on an as needed basis, in an annual amount not to exceed $400,000, with a total aggregate amount not to exceed $2,000,000 for an initial one-year term beginning September 1, 2023 and expiring August 31, 2024, with provisions for four, one-year renewal options, subject to non- substantive changes approved by the City Manager and City Attorney. MOTION: Councilmember Hernandez moved to approve the recommended action for Item No. 22 as part of the Consent Calendar, seconded by Councilmember Bacerra. The motion carried, 6-0-1, by the following roll call vote: AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA NOES: NONE ABSTAIN: COUNCILMEMBER PHAN (recusal) ABSENT: NONE Status: 6-0-1— PASS 23. Approve an Agreement with ELS Architecture and Urban Design for Architectural Design Services of the Memorial Park and Aquatics Facility Renovation (Project No. 22-1415) (Non -General Fund) (Revive Santa Ana) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute a consultant agreement with ELS Architecture and Urban Design to provide master planning, contract documents, and construction support for the Memorial Park and Aquatics Facility Renovation in the amount of $1,547,104, with a contingency of $232,066, for a total amount not to exceed $1,779,170, for a three-year term beginning August 15, 2023 and expiring August 14, 2026, with an option for two, one-year extensions, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. A-2023-150). City Council 16 08/15/2023 24. Approve Agreement Amendments with On -Call Stormwater Project Design Consultants Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute a first amendment to the agreements with Tetra Tech, Inc., CWE, and Stantec Consulting Services, Inc. to increase the total expenditure amount for the remaining term of the agreement ending October 19, 2023, and for the optional two-year extension period through October 19, 2025, by an aggregate amount of $2,000,000, for a total amount not -to -exceed $4,000,000, subject to non -substantive changes approved by the City Manager and City Attorney (Core Agreement No. A-2023-151). 25. Approve an Amendment to the Agreement with T.R. Holliman and Associates, Inc. for the Preparation of Recycled Water Master Plan to Extend the Agreement Term (Non - General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to approve the second amendment to agreement with T.R. Holliman and Associates, Inc. for the Preparation of Recycled Water Master Plan to extend the agreement term by one year, for a term beginning August 19, 2023 and ending on August 18, 2024, with no supplementary expenses to the executed amount of $442,418, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. A-2023-152). 26. City Manager Evaluation and Adopt a Resolution to Reflect Positive Performance Evaluation Conducted on August 1, 2023 and Approving an Amended Annual Salary for the City Manager, and Take Formal Action by Majority Vote of the City Council to Not Extend the City Manager's Employment Agreement for One Additional Year Department(s): Human Resources Recommended Action: 1. Adopt a resolution affirming positive evaluation results and approving an adjusted annual salary for the City Manager, and RESOLUTION NO. 2023-053 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING A SALARY ADJUSTMENT FOR THE CITY MANAGER BASED ON EMPLOYEE PERFORMANCE 2. Take formal action by majority vote of the City Council to not extend the City Manager's Employment Agreement for one additional year. MINUTES: Councilmember Penaloza thanked City Manager Ridge for her five years of service to the City of Santa Ana. City Council 17 08/15/2023 MOTION: Councilmember Penaloza moved to approve the recommended action for Item No. 26 and amend the salary increase to 5 percent (5%), seconded by Councilmember Vazquez. MINUTES: Councilmember Vazquez thanked City Manager Ridge for her hard work and dedication and spoke in support of Councilmember Penaloza' s motion. Councilmember Phan thanked City Manager Ridge for her service and leadership. AMENDED MOTION: Councilmember Penaloza moved to approve the recommended action for Item No. 26, as amended to include a five percent (5%) increase retroactively to July 1, 2022 and not extend the City Manager's contract by one additional year, seconded by Councilmember Vazquez. The motion carried, 6-0-1, by the following roll call vote: AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ, MAYOR AMEZCUA NOES: NONE ABSTAIN: NONE ABSENT: MAYOR PRO TEM LOPEZ Status: 6-0-1— PASS (See page no. 23 for the reconsideration of Agenda Item No. 26.) **END OF CONSENT CALENDAR** BUSINESS CALENDAR MINUTES: At 10:34 P.M., the Business Calendar was considered. 27. Accept the Certificate of Sufficiency for Petition to Recall Councilmember Jessie Lopez, City Council, Ward 3, and Adopt Resolutions Calling a Special Election and Adopting a Regulation for Officer's Statement Department(s): City Clerk's Office Recommended Action: 1. Approve resolution accepting the certification of the Orange County Registrar of Voters as to the verification of signatures and the City Clerk's Certificate of Sufficiency for petition seeking to recall Councilmember Jessie Lopez, City Council, Ward 3; and City Council 18 08/15/2023 RESOLUTION NO. 2023-054 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ACCEPTING THE CERTIFICATE AS TO VERIFICATION OF SIGNATURES ON PETITION AND CERTIFICATE OF SUFFICIENCY FOR PETITION TO RECALL COUNCILMEMBER JESSIE LOPEZ 2. Approve two resolutions: 1.) Calling and giving notice of a Special Municipal Election for the submission of the question of the recall of Councilmember Jessie Lopez to a vote by the electorate of Ward 3 of the City of Santa Ana and requesting specified services from the County of Orange to conduct said election, and RESOLUTION NO.2023-055 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL ELECTION TO BE HELD I N C O U N C I L W A R D 3 ON TUESDAY, NOVEMBER 14, 2023 FOR SUBMISSION OF THE QUESTION OF THE RECALL OF CERTAIN OFFICERS AND REQUESTING SPECIFIED SERVICES FROM THE COUNTY OF ORANGE TO CONDUCT SAID ELECTION 2.) Adopting a regulation for officer's statement and establishing a system for payment of the cost of inclusion of the statement in the voter information guide. RESOLUTION NO.2023-056 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADOPTING A REGULATION FOR AN OFFICER WHOSE RECALL IS BEING SOUGHT PERTAINING TO A STATEMENT SUBMITTED TO THE VOTERS AT A SPECIAL ELECTION ON TUESDAY NOVEMBER 14, 2023 AND ESTABLISHING A SYSTEM FOR PAYMENT OF THE COST OF INCLUSION OF THE OFFICER'S STATEMENT IN VOTER INFORMATION GUIDE/PAMPHLET AND/OR ELECTRONIC COPY MINUTES: Mayor Pro Tem Lopez recused herself from Agenda Item No. 27 and left the dais. City Clerk Jennifer L. Hall presented the staff report. Councilmember Vazquez spoke in opposition to the Special Municipal Election Recall and provided various comments regarding misinformation being provided to the public. MOTION: Councilmember Vazquez moved to approve the recommended action for Item No. 27 and set the Special Municipal Recall Election date of Tuesday November 14, 2023, seconded by Councilmember Hernandez. Councilmember Hernandez provided various comments and spoke in opposition to the Special Municipal Recall Election. City Council 19 08/15/2023 Councilmember Phan spoke regarding the funds expended on the special election and stated that the funds would be better -utilized providing services to residents. Councilmember Bacerra spoke on the narrative used to describe the Police Department and spoke in support of setting an election date. Mayor Amezcua spoke regarding her previous candidate endorsements and spoke in support of the proposed Tuesday November 14, 2023 election date. The motion carried, 6-0-1, by the following roll call vote: AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ, MAYOR AMEZCUA NOES: NONE ABSTAIN: MAYOR PRO TEM LOPEZ (recusal) ABSENT NONE Status: 6-0-1— PASS **END OF BUSINESS CALENDAR** PUBLIC HEARINGS PUBLIC COMMENTS — Members of the public may address the City Council on each of the Public Hearing items. 28. Public Hearing: Adopt a Resolution Rescinding Water Supply Shortage Level Two Declaration Legal notice published in the OC Reporter on August 4, 2023. Department(s): Public Works Agency Recommended Action: Adopt a resolution rescinding the current Water Supply Shortage Level Two declaration. RESOLUTION NO. 2023-057 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA LOWERING THE CITY'S DROUGHT WATER CONSERVATION STANDARD FROM A WATER SHORTAGE LEVEL 2 TO A WATER SHORTAGE LEVEL 0. MINUTES: Mayor Amezcua open the Public Hearing at 10:50 P.M. There being no speakers, Mayor Amezcua closed the Public Hearing at 10:51 P.M. Mayor Pro Tem Lopez returned to the dais at 10.52 P.M. City Council 20 08/15/2023 MOTION: Councilmember Hernandez moved to approve the recommended action for Public Hearing Item No. 28, seconded by Mayor Amezcua. The motion carried, 6-0-1, by the following roll call vote: AYES COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA NOES NONE ABSTAIN NONE ABSENT COUNCILMEMBER BACERRA STATUS 6-0-1 — Pass 29. CANCELLED — Public Hearing — Adopt a Resolution Vacating the Portion of Public Right -of -Way Adjacent to 2383 North Flower Street, Abandonment 23-01. Legal Notice published in the Orange County Reporter on August 2 and 9, 2023. Notice of Cancellation posted on August 8, 2023 and published in Orange County Reporter on August 11, 2023. Department(s): Public Works Agency Recommended Action: This public hearing will be re -noticed and heard at a later date. No public testimony will be heard on August 15, 2023. MINUTES: City Clerk Jennifer L. Hall stated that Public Hearing Item No. 29 was cancelled and would be re -noticed and heard at a later date. CITY MANAGER COMMENTS MINUTES: City Manager Kristine Ridge announced that volunteers are needed for the annual coastal clean-up event, the Public Works Agency was awarded $7, 000, 000 for the Santa Ana Boulevard restoration project, and applications are being accepted for the Environmental Justice Committee, and commented on the upcoming Chicano Heritage Festival and Zoofari Fundraiser. 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 spoke regarding the first day of the new school year, the lack of crossing guards, and safe street crossing. Councilmember Hernandez thanked the community for their participation and requested the Chicano Art Show be brought back to the Chicano Heritage Festival. He spoke regarding a potential Brown Act violation, provided a brief comment on a personal matter, and requested privacy for himself and his family. City Council 21 08/15/2023 Councilmember Phan announced various upcoming community events: the Housing Authority Forum on August 19, 2023, the Village Santa Ana Sunshine meeting on August 23, 2023, and the Com-link meeting on August 31, 2023. Councilmember Penaloza thanked the residents who spoke in support of Agenda Item No. 14. At 11.02 P.M. Mayor Pro Tem Lopez requested Agenda Item Nos. 16 and 26 be reconsidered. Mayor Amezcua permitted the re -discussion and consideration of Agenda Item 16. AGENDA ITEM NOS. 16 & 26 WERE RECONSIDERED 16. Receive and File Informational Report Regarding Partnership Agreements with the Office of Congressman Lou Correa and the Office of Supervisor Vicente Sarmiento for Chicano Heritage Festival 2023 Department(s): Parks, Recreation, and Community Services Recommended Action: 1. Receive and File Informational Report Regarding Partnership Agreements with the Office of Congressman Lou Correa and the Office of Supervisor Vicente Sarmiento for Chicano Heritage Festival 2023. 2. Approve an appropriation adjustment to recognize a total financial donation in the amount of $5,000 from the Office of Congressman Lou Correa. (Requires five affirmative votes) 3. Approve an appropriation adjustment to recognize a total financial donation in the amount of $10,000 from the Office of Supervisor Vicente Sarmiento. (Requires five affirmative votes) MOTION: Councilmember Hernandez moved to approve the recommended action for Item No. 16, seconded by Mayor Pro Tern Lopez. SUBSTITUTE MOTION: Councilmember Phan moved to approve, as amended, to approve staff recommendations and direct staff to bring the policy back for future discussion regarding elected officials or candidate endorsements, seconded by Mayor Amezcua. City Council 22 08/15/2023 The substitute motion failed, 3-4, by the following roll call vote: AYES: COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PHAN COUNCILMEMBER VAZQUEZ NOES: COUNCILMEMBER BACERRA, COUNCILMEMBER, COUNCILMEMBER PENALOZA, MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA ABSTAIN: NONE ABSENT: NONE Status: 3-4— FAIL (requires five affirmative votes) MOTION: Councilmember Hernandez moved to approve the recommended action for Item No. 16, seconded by Mayor Pro Tern Lopez. The motion failed, 4-3, by the following roll call vote: AYES: COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ NOES: COUNCILMEMBER BACERRA, COUNCILMEMBER PENALOZA, MAYOR AMEZCUA ABSTAIN: NONE ABSENT: NONE Status: 4-3 — Fail (requires five affirmative votes) 26. City Manager Evaluation and Adopt a Resolution to Reflect Positive Performance Evaluation Conducted on August 1, 2023 and Approving an Amended Annual Salary for the City Manager, and Take Formal Action by Majority Vote of the City Council to Not Extend the City Manager's Employment Agreement for One Additional Year Department(s): Human Resources Recommended Action: 1. Adopt a resolution affirming positive evaluation results and approving an adjusted annual salary for the City Manager, and RESOLUTION NO. 2023-053 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING A SALARY ADJUSTMENT FOR THE CITY MANAGER BASED ON EMPLOYEE PERFORMANCE 2. Take formal action by majority vote of the City Council to not extend the City Manager's Employment Agreement for one additional year. MINUTES: At 11:04 P.M., Agenda Item No.26 was reconsidered. MOTION: Councilmember Phan moved to reconsider Agenda Item No. 26, seconded by Councilmember Hernandez. The motion carried, 6 -1, by the following roll call vote: City Council 23 08/15/2023 AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA NOES: COUNCILMEMBER PENALOZA ABSTAIN: NONE ABSENT: NONE Status: 6-1 — Pass MOTION: Councilmember Penaloza moved to approve the recommended action for Item No. 26 as amended to include a five percent (5%) increase retroactively to July 1, 2022 and not extend the City Manager's contract by one additional year, seconded by Councilmember Vazquez. The motion carried, 7-0, by the following roll call vote: AYES: COUNCILMEMBER HERNANDEZ, COUNCILMEMBE R COUNCILMEMBER COMMENTS CONTINUED: MINUTES: Mayor Pro Tem Lopez expressed disappointment regarding Agenda Item No.16 and wished staff luck in securing additional funding for the Chicano Heritage Festival. She spoke regarding falsehoods being told to the public regarding her proposed recall election. Councilmember Bacerra thanked the community for their participation and spoke in opposition to the State's decision to allow needle distribution in the City. Mayor Amezcua commented on affordable housing in the City and requested additional information regarding the Chicano Art Show. City Manager Kristine Ridge provided brief clarification regarding the Art Show. Mayor Amezcua announced a Housing Informational meeting at El Salvador Park on August 24, 2023, at 6:00 P.M. and Coffee with the Mayor at French Park on August 26, 2023. She spoke regarding various issues she has had to address while in office. She noted that an ad hoc committee had been created to address an alleged Code of Ethics violation by a member of the City Council, as required by the Charter. She further noted that a separate complaint submitted by Councilmember Hernandez against herself and three other councilmembers had been referred to the District Attorney's Office for investigation. City Council 24 08/15/2023 ADJOURNMENT — Adjourn the City Council meeting. MINUTES: Mayor Amezcua adjourned the City Council meeting at 11: 26 P. M. Respectfully submitted: Jennifer L. Hall, CMC City Clerk City Council 25 08/15/2023 DRAF" Minutes of the Special Meeting of the City Council City of Santa Ana, California August 29, 2023 REGULAR OPEN MEETING - 5:30 P.M. CITY COUNCIL CHAMBER 22 Civic Center Plaza Santa Ana, CA 92701 CITY COUNCIL SPECIAL OPEN SFSSInN CALL TO ORDER MINUTES: Mayor Pro Tem Lopez called the Special City Council Meeting to order at 5. 37 P.M. ATTENDANCE Council Members Mayor Pro Tern Mayor City Manager City Attorney City Clerk Phil Bacerra Johnathan Ryan Hernandez David Penaloza Thai Viet Phan Benjamin Vazquez Jessie Lopez Valerie Amezcua Kristine Ridge Sonia R. Carvalho Jennifer L. Hall CITY COUNCIL 1 8/29/2023 ROLL CALL MINUTES: City Clerk Jennifer L. Hall conducted roll call. Councilmembers Bacerra, Hernandez, Penaloza, Phan, and Vazquez, and Mayor Pro Tem Lopez were present. Mayor Amezcua was absent. PLEDGE OF ALLEGIANCE Councilmember Penaloza WORDS OF INSPIRATION Pastor Dion Thomas, Sonrise Community Christian Church ADDITIONS\DELETIONS TO THE AGENDA MINUTES: City Clerk Jennifer L. Hall announced that the Ceremonial Presentation Certificate of Recognition presented to the City's Housing Division Team has been removed and postponed to a later date. CEREMONIAL PRESENTATIONS 1. Proclamation presented by Mayor Amezcua and Councilmember Penaloza to the Orange County Hunger Alliance declaring September 2023 as Hunger Action Month. 2. Certificates of Recognition presented by Mayor Pro Tern Lopez to the City's Housing Division Team for Outstanding Contributions to the Community. (Removed from agenda) 3. Certificate of Recognition presented by Councilmember Vazquez to VietRISE for Outstanding Contributions to the Community. MINUTES: Ceremonial Presentation Agenda Item No. 2 was not presented. Councilmember Penaloza proclaimed September 2023 as Hunger Action Month and presented the proclamation to Orange County Hunger Alliance. Councilmember Vazquez presented a certificate of recognition to VietRISE for outstanding contributions to the community. PUBLIC COMMENT — Public comments will be held during the beginning of the meeting for ALL comments on agenda items. MINUTES: The following speakers addressed Council via teleconference. - I. Tanya Skarzynski spoke regarding Agenda Item No. 21 and expressed concern regarding releasing tenant's leasing information. CITY COUNCIL 2 8/29/2023 2. Gemma Suarez expressed support for Agenda Item No. 21. 3. Juliana Musheyev expressed support for Agenda Item No. 21. 4. Mextli Lopez expressed support for Agenda Item No. 21. 5. Sue Loflin spoke regarding Agenda Item No. 21. 6. Sarah Perez expressed support for Agenda Item No. 21. The following speakers addressed Council in -person: 7. Clay Hague spoke in opposition to Agenda Item No. 21. 8. Tim Johnson spoke regarding Agenda Item No. 21. 9. Nathaniel Greensides spoke regarding Agenda Item No. 21. 10. Ana Charco expressed Latino Health Access's support for Agenda Item No. 21. II.Daniel Marin expressed concern for Agenda Item Nos. 8, 9, and 10 and spoke regarding Agenda Item No. 21. 12. Silvia Avendano (translation: Spanish) spoke in support of Agenda Item No. 21. 13. Tracy La spoke in support of Agenda Item Nos. 18 and 21 and in opposition to Agenda Item No. 14. 14. Celine Nguyen spoke in support of Agenda Item Nos. 18 and 21 and in opposition to Agenda Item No. 14. 15.Lisa Nguyen spoke in support of Agenda Item Nos. 18 and 21, and in opposition to Agenda Item No. 14. 16. Chloe Vo spoke in support of Agenda Item Nos. 18 and 21 and in opposition to Agenda Item No. 14. 17. Eric Do expressed support for Agenda Item Nos. 18 and 21 and opposition to Agenda Item No. 14. 18. Celeste Vasquez spoke in support of Agenda Item Nos. 18 and 21 and in opposition to Agenda Item No. 14. 19. Tu Hoang spoke in support of Home Act and Rent Stabilization and in opposition of Lexipol. CITY COUNCIL 3 8/29/2023 20. Indigo Vu spoke in support of Agenda Item Nos. 18 and 21 and in opposition to Agenda Item No. 14. 21. Tuat Mai spoke in support of Agenda Item No. 21. 22. Vincent Tran spoke in support of Agenda Item Nos. 18 and 21 and in opposition to Agenda Item No. 14. 23. Dao Tran spoke in support of Agenda Item No. 21. 24.Anabell Parra (translation: Spanish) expressed her support for Item No. 21. 25. Carlos Perea spoke regarding Agenda Item Nos. 14, 18, and 21. 26. Theadora Mendez spoke in support in support of Agenda Item No. 21. 27.Araceli Robles spoke in support of Agenda Item No. 21. 28.Alexis Nava Theodoro spoke regarding Agenda Item Nos. 18 and 21. 29. Naja Christmas spoke regarding Agenda Item No. 18. 30. Martha Garcia spoke in support of Agenda Item No. 21. 31. Tin Nguyen spoke in support of Agenda Item Nos. 18 and 21 and in opposition to Agenda Item No. 14. 32. Michael Mai spoke regarding Agenda Item No. 18. 33. Fernando Delgado spoke in opposition to Agenda Item No. 14 and in support of Agenda Item No. 21. CONSENT CALENDAR RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 4 through 19 and waive reading of all resolutions and ordinances. MINUTES: At 7:14 P.M., Councilmember Hernandez pulled Agenda Item No. 14 and Councilmember Penaloza pulled Agenda Item No. 11 for separate discussion and consideration. Councilmembers Vazquez and Phan requested to comment on Agenda Item No. 18. CITY COUNCIL 4 8/29/2023 Councilmember Phan recused herself from Agenda Item No. 19 as the property owner of the parcel in question is a client of her employer, Rutan and Tucker. MOTION: Councilmember Hernandez moved to approve staff recommendations on the following Consent Calendar Items: 4 through 19 with the exception of Agenda Item Nos. 11 and 14, seconded by Councilmember Penaloza. The motion carried, 6-0-0-1, by the following roll call vote: AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ NOES: NONE ABSTAIN: NONE ABSENT: MAYOR AMEZCUA Status: 6-0-0— 1 — Pass 4. Excused Absences Department(s): City Clerk's Office Recommended Action: Excuse the absent members. 5. Receive and File Quarterly Report of Investments as of June 30, 2023 Department(s): Finance and Management Services Recommended Action: Receive and file. 6. City's Response to Grand Jury Report Regarding Human Sex Trafficking in Orange County Department(s): Police Department, City Manager's Office Recommended Action: Approve City of Santa Ana's responses to the Grand Jury's Findings and Recommendations of the 2022-2023 Orange County Grand Jury Report - Human Sex Trafficking in OC pursuant to Penal Code sections 933 and 933.05. 7. Approve an Appropriation Adjustment and Approve Change Order to Add Funds in the Amount of $300,000 to an Existing Construction Contract with Onyx Paving Company, Inc. for a Revised Estimated Project Delivery Cost of $4,140,200, for the Local Street Preventative Maintenance FY 22-23 Project (Project No. 23-6907) (Non -General Fund) Department(s): Public Works Agency CITY COUNCIL 5 8/29/2023 Recommended Action: 1. Approve an appropriation adjustment recognizing prior year fund balance $300,000 in the Residential Street Improvement fund, Prior Year Carry Forward revenue account and appropriating the same amount into the Residential Street improvement fund, Improvements Other Than Building expenditure account for FY 2022-2023 capital operating expenses. (Requires five affirmative votes) 2. Approve change order to construction contract and an amendment to the Project Cost Analysis to reflect the new amount of $743,100 for project contingency for unanticipated or unforeseen work, for a total Construction Delivery Cost of $4,140,200, subject to non -substantive changes approved by the City Manager and City Attorney. 3. Approve an amendment to the Fiscal Year 2023-24 Capital Improvement Program for $300,000 for construction contingency funds, for the Local Street Preventative Maintenance FY 2022-23 (Project No. 23-6907). 8. Award a Construction Contract to All American Asphalt in the Amount of $1,564,835 for the Grand Avenue Rehabilitation from Warner Avenue to Edinger Avenue Project, with an Estimated Project Delivery Cost of $2,113,000 (Project No. 22-6987) (Non -General Fund) Department(s): Public Works Agency Recommended Action: 1. Authorize the reallocation of SB1 funds from the Euclid Rehabilitation from McFadden Avenue to First Street Improvement Project for a total of $570,870 to the Grand Avenue Rehabilitation from Warner Avenue to Edinger Avenue Project to complete the project funding requirement. 2. Award a construction contract to All American Asphalt, the lowest responsible bidder, in accordance with the base bid in the amount of $1,564,835, subject to change orders (not to exceed 25% of the base bid amount) in accordance with the Greenbook: Standard Specifications for Public Works Construction, for construction of the Grand Avenue Rehabilitation from Warner Avenue to Edinger Avenue Project, for a term beginning August 29, 2023 and ending upon project completion, and authorize the City Manager to execute the contract subject to non -substantive changes approved by the City Manager and the City Attorney. 3. Approve the Project Cost Analysis for a total estimated construction delivery cost of $2,113,000, which includes $1,564,835 for the construction contract; $234,900 for contract administration, inspection, and testing; and a $313,265 project contingency for unanticipated or unforeseen work. 4. Determine that the recommended actions are exempt from further review in accordance with the California Environmental Quality Act as Categorical Exemption Environmental Review No. ER-2022-6 was filed for the project. CITY COUNCIL 6 8/29/2023 9. Award a Construction Contract to Hardy & Harper, Inc. in the Amount of $1,400,000 for the Alton Avenue Rehabilitation from Main Street to Standard Avenue Project, with an Estimated Project Delivery Cost of $1,750,000 (Project No. 21-6975) (Non -General Fund) Department(s): Public Works Agency Recommended Action: 1. Authorize the reallocation of S131 funds from the Euclid Rehabilitation from First Street to Hazard Avenue Improvement Project for a total amount of $1,037,000 to the Alton Avenue Rehabilitation from Main Street to Standard Avenue Project to complete the project funding requirement. 2. Award a construction contract to Hardy & Harper, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $1,400,000, subject to change orders (not to exceed 25% of the base bid amount) in accordance with the Greenbook: Standard Specifications for Public Works Construction, for construction of the Alton Avenue Rehabilitation from Main Street to Standard Avenue Project for a term beginning August 29, 2023 and ending upon project completion, and authorize the City Manager to execute the contract subject to non -substantive changes approved by the City Manager and the City Attorney. 3. Approve the Project Cost Analysis for a total estimated construction delivery cost of $1,750,000, which includes $1,400,000 for the construction contract; $210, 000 for contract administration, inspection, and testing; and a $140,000 project contingency for unanticipated or unforeseen work. 4. Determine that the recommended actions are exempt from further review in accordance with the California Environmental Quality Act as Categorical Exemption Environmental Review No. ER-2021-43 was filed for the project. 10.Award a Construction Contract to Kalban, Inc. in the Amount of $3,037,800 for the Alley Improvements Program with an Estimated Project Delivery Cost of $4,252,820 (Project No. 23-6910) (M2 Local Fairshare) (General Fund) Department(s): Public Works Agency Recommended Action: 1. Authorize the reallocation of unspent Measure M2 Local Fairshare funds from various projects: $143,017 from Alley Improvement Program FY2018-19, $818,083 from Alley Improvement Program FY2021-22 for a total of $961,100 to the Alley Improvements Program Project to complete the project's funding requirement. 2. Award a construction contract to Kalban, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $3,037,800, subject to a change order (not -to -exceed 25 percent of the base bid) in accordance with the 2021 Greenbook: Standard Specifications for Public Works Construction for construction of the Alley Improvements Program Project, for the term beginning August 29, 2023 and ending upon project completion, and authorize the City Manager to execute the contract subject to non -substantive changes approved by the City Manager and the City Attorney. CITY COUNCIL 7 8/29/2023 3. Approve the Project Cost Analysis for a total estimated construction delivery cost of $4,252,820, which includes $3,037,800 for the construction contract; $455,670 for contract administration, inspection, and testing; and a $759,350 project contingency for unanticipated or unforeseen work. 4. Determine that the recommended actions are exempt from further review in accordance with the California Environmental Quality Act as Categorical Exemption Environmental Review No. ER-2022-118 was filed for the project 23-6910. 11.Approve Agreement with Arakelian Enterprises, Inc., DBA Athens Services to Provide Street Sweeping Services, for a Total Amount Not to Exceed $64,572,750 for up to 15 Years (Specification No. 23-007) (General Fund and Non -General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with Athens Services to provide street sweeping services at a base amount of $3,913,500, with an annual contingency of $391,350, for a total annual amount of $4,304,850, plus allowance for an annual adjustment based on the Consumer Price Index, for a ten-year initial term totaling $43,048,500, beginning on July 1, 2024 and expiring June 30, 2034, with an option for one, five-year extension totaling $21,524,250, for an aggregate amount not to exceed $64,572,750, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. A-2023-154). MINUTES: Councilmember Penaloza asked for clarification regarding the expansion of industrial and commercial areas and requested that staff come up with a plan to post signage throughout the industrial areas. City Manager Kristine Ridge spoke regarding the increased services to streets. Public Works Director Nabil Saba spoke regarding street sweeping in industrial and commercial areas and potential plans to implement signage. MOTION: Councilmember Penaloza moved to approve the recommended action for Item No. 11, seconded by Councilmember Hernandez. The motion carried, 6 — 0 — 0 — 1, by the following roll call vote: AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ NOES: NONE ABSTAIN: NONE ABSENT: MAYOR AMEZCUA Status: 6-0-0— 1 —Pass CITY COUNCIL 8 8/29/2023 12. Approve a License Agreement with The Legacy Fund for Use of 10th Street Right of Way (Non -General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute a license agreement with The Legacy Fund, a nonprofit public benefit organization, for use of public right-of- way on 10th Street between Main Street and Sycamore Street for improvements for the use and benefit of Orange County School of Arts students, staff, and faculty, for a 10- year term with two optional five-year extensions, with a $3,000 annual license fee paid to the City, subject to non -substantive changes approved by the City Manager and the City Attorney (Agreement No. A-2023-155). 13. Approve Agreement with Volcan Advertising & Entertainment for Music Entertainment at the Fiestas Patrias Event in the Amount of $122,000 (General Fund) Department(s): Parks, Recreation, and Community Services Recommended Action: Authorize the City Manager to execute an agreement with Volcan Advertising & Entertainment to provide musical entertainment at the Fiestas Patrias event, in the amount of $122,000, beginning August 29, 2023 through September 30, 2023, subject to non -substantive change approved by the City Manager and City Attorney (Agreement No. A- 2023-156). 14. Approve Master Service Agreement with Lexipol, LLC to Provide Policy Manual Maintenance and Support to the Police Department (General Fund and Non -General Fund) Department(s): Police Department Recommended Action: Authorize the City Manager to execute an agreement with Lexipol, LLC, for the period of October 1, 2023 through September 30, 2026, to provide policy manual maintenance, support, and training services to the Police Department in an amount not to exceed $175,573.29, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. A-2023- 157). MINUTES: Councilmember Hernandez spoke regarding Lexipol's policies and directed staff to explore options regarding allocating additional resources to the City Attorney's Office for an in-house police policy maintenance, policy feedback and engagement from and with the community, and to collaborate with the newly established Police Oversight Commission to oversee and monitor the Police Department's policies. Councilmember Vazquez spoke regarding Lexipol and asked staff for alternatives to Lexipol. CITY COUNCIL 9 8/29/2023 MOTION: Moved by Councilmember Hernandez to not approve the agreement and direct staff to explore options, seconded by Councilmember Vazquez. Councilmember Phan requested clarification regarding the usage of Lexipol templates and the Master Service Agreement. Councilmember Bacerra spoke regarding the process of evaluating the templates provided to the City. Police Chief David Valentin spoke regarding Lexipol's policies. Mayor Pro Tem Lopez requested clarification regarding policy and training approval. Councilmember Hernandez expressed concern regarding Lexipols policies and the impacts to the City. Chief Valentin provided clarification regarding the policies that Lexipol did not have in place. Councilmember Hernandez questioned the need for Lexipol due to the minimal implemented policies. Mayor Pro Tem Lopez asked regarding the spotlight policy Lexipol provided in their manual. Chief Valentin shared the implementation of policies and the services available. City Manager Kristine Ridge clarified that the previous contract brought forward to Council was to add an additional jail module, and not the master agreement with Lexipol. She provided Council an update on the process of getting the Police Oversight Commission up and running for them to review all operating policies and procedures of the Police Department. Councilmember Phan asked regarding the termination of contract. Chief Assistant City Attorney John Funk clarified that the termination clause requires 60 day written notice. SUBSTITUTE MOTION: Councilmember Phan moved to approve the recommended action for Item No. 14, and direct staff to work with the Police Oversight Commission and return in a year with options, seconded by Councilmember Bacerra. The substitute motion failed, 3 — 3 — 0 — 1 , by the following roll call vote: CITY COUNCIL 10 8/29/2023 AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN NOES: COUNCILMEMBER HERNANDEZ, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ ABSTAIN: NONE ABSENT: MAYOR AMEZCUA Status: 3-3-0-1 —Fail MOTION: Moved by Councilmember Hernandez to not approve the agreement and direct staff to explore options, seconded by Councilmember Vazquez. The motion failed, 3 — 3 — 0 — 1, by the following roll call vote: AYES: COUNCILMEMBER HERNANDEZ, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ NOES: COUNCILMEMBER BACERRA, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN ABSTAIN: NONE ABSENT: MAYOR AMEZCUA Status: 3-3-0— 1 —Fail Item No. 14 continued to September 19, 2023. 15. Approve Agreement with Filler Security Strategies, Inc. in the Amount of $56,750 to Provide a Revision to the Three -Year Countywide Homeland Security Grants Strategy (Non -General Fund) Department(s): Police Department Recommended Action: Authorize the City Manager to execute an agreement with Filler Security Strategies, Inc., for the period of August 29, 2023 through March 31, 2024, to provide a revision to the Countywide Homeland Security Grants Strategy in an amount not to exceed $56,750, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. A-2023-158). 16. Amend Agreement with Benefit Financial Services Group, LLC (BFSG) for Plan and Investment Advisory Services Pertaining to the 457 Deferred Compensation Plan to Add Participant Planning and Consulting Services at No Additional Cost Department(s): Finance and Management Services Recommended Action: Authorize the City Manager to execute the first amendment to the agreement with Benefit Financial Services Group, LLC to provide Participant Planning and Consulting Services at no additional cost, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. A-2023- 166). CITY COUNCIL 11 8/29/2023 17. City Attorney Evaluation and Resolution to Reflect Positive Performance Department(s): City Attorney's Office Recommended Action: Adopt a resolution to reflect an Exceeds Expectations performance evaluation conducted on August 15, 2023 and acknowledge retainer adjustment of $25,000 per the existing Legal Services Agreement with Best Best and Krieger LLP for City Attorney and Special Counsel Legal Services. RESOLUTION NO. 2023-058 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AFFIRMING A POSITIVE CITY ATTORNEY EVALUATION AND ACKNOWLEDGING A RETAINER INCREASE PURSUANT TO THE EXISTING RESTATED LEGAL SERVICES AGREEMENT FOR CITY ATTORNEY SERVICES 18. Resolution Declaring Support of the HOME Act AB1306 Department(s): City Manager's Office Recommended Action: Adopt a resolution declaring support of Assembly Bill 1306 (Carrillo) - State Government: Immigration Enforcement. RESOLUTION NO. 2023-059 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA SUPPORTING ASSEMBLY BILL 1306 (The HOME Act) MINUTES: Councilmember Vazquez spoke in support of the HOME Act and spoke regarding the criminal legal system. Councilmember Phan shared her experience as a refugee. 19. Authorize the Planning Division to Prepare and Provide Notice to the County of Orange Airport Land Use Commission (ALUC) in Accordance with Public Utilities Code Section 21676(b) for a Proposed Mixed -Use Development Project Located on the 41-Acre Site at 3600 South Bristol Street Currently Undergoing Public Review and Entitlements Processing with the City Department(s): Planning and Building Agency Recommended Action: Adopt a resolution authorizing the Planning Division to initiate the preparation and drafting of findings and determination overruling the County of Orange Airport Land Use Commission's Determination of Inconsistency associated with a proposed mixed -use development project on a 41-acre site located at 3600 South Bristol Street and to provide notice in accordance with Section 21676(b) of the Public Utilities Code to the County of Orange Airport Land Use Commission and the State of California Department of Transportation's Division of Aeronautics. CITY COUNCIL 12 8/29/2023 RESOLUTION NO. 2023-060 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE PLANNING DIVISION TO INITIATE THE PREPARATION AND DRAFTING OF FINDINGS IN SUPPORT OF OVERRULING THE ORANGE COUNTY AIRPORT LAND USE COMMISSION'S DETERMINATION OF INCONSISTENCY ASSOCIATED WITH A PROPOSED MIXED -USE DEVELOPMENT PROJECT ON A 41-ACRE SITE LOCATED AT 3600 SOUTH BRISTOL STREET AND TO PROVIDE NOTICE IN ACCORDANCE WITH SECTION 21676(B) OF THE PUBLIC UTILITIES CODE TO THE COUNTY OF ORANGE LAND USE COMMISSION AND THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION'S DIVISION OF AERONAUTICS AT LEAST 45 DAYS PRIOR TO THE FUTURE PUBLIC HEARING DATE FOR THE PROPOSED PROJECT AND PROPOSED OVERRULING ACTION BY THE CITY COUNCIL (includes determination that this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines as the proposed action will not have a significant effect on the environment). MOTION: Councilmember Hernandez moved to approve the recommended action for Item No. 19 as part of the Consent Calendar, seconded by Councilmember Penaloza. MINUTES: Councilmember Phan recused herself from Agenda Item No. 19 as the property owner of the parcel in question is a client of her employer, Rutan and Tucker. The motion carried, 5-0-1-1, by the following roll call vote: AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ NOES: NONE ABSTAIN: COUNCILMEMBER PHAN (recusal) ABSENT: MAYOR AMEZCUA Status: 5-0-1 — 1 —Pass **END OF CONSENT CALENDAR** BUSINESS CALENDAR MINUTES: At 8.37 PM, the Business Calendar was considered. CITY COUNCIL 13 8/29/2023 20.Ordinance Amending Article VII, Prima Facie Speed Limits, of Chapter 36 of the Santa Ana Municipal Code Establishing Speed Limits on Certain Streets and Portions of Streets in the City (Project No. 22-2992) (Non -General Fund) Department(s): Public Works Agency Recommended Action: Approve first reading of an ordinance amending Article VII, Prima Facie Speed Limits, of Chapter 36 of the Santa Ana Municipal Code establishing speed limits on certain streets and portions of streets in the city. ORDINANCE NO. NS-3050 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REPEALING AND REENACTING IN ITS ENTIRETY ARTICLE VII OF CHAPTER 36 OF THE SANTA ANA MUNICIPAL CODE ESTABLISHING PRIMA FACIE SPEED LIMITS MINUTES: Public Works Director Nabil Saba provided a presentation on the Engineering and Traffic Speed Survey. Councilmember Hernandez voiced his support for the item. Councilmember Bacerra expressed concern regarding speed limits in school areas. Traffic Engineer Zed Kukula explained the law for speed limits. Mayor Pro Tem Lopez expressed her support for the item. MOTION: Councilmember Hernandez moved to approve the recommended action for Item No. 20, seconded by Mayor Pro Tern Lopez. The motion carried, 5 — 1 — 0 — 1, by the following roll call vote: AYES: COUNCILMEMBER HERNANDEZ, PENALOZA, COUNCILMEMBER PHAN, VAZQUEZ, MAYOR PRO TEM LOPEZ NOES: COUNCILMEMBER BACERRA ABSTAIN: NONE ABSENT: MAYOR AMEZCUA Status: 5-1 — 0 — 1 —Pass **END OF BUSINESS CALENDAR** COUNCILMEMBER REQUESTED ITEMS COUNCILMEMBER COUNCILMEMBER 21. Stabilization and Just Cause Eviction Ordinance to require supermajority approval of the total number of Councilmembers for certain future amendments to the ordinance. — Councilmember Phan CITY COUNCIL 14 8/29/2023 MINUTES: Councilmember Phan gave direction to staff to look at bringing back an ordinance to require a supermajority vote to either repeal the Just Cause Eviction Ordinance and Rent Stabilization Ordinance or require a supermajority vote to amend certain previsions on the Just Cause Eviction Ordinance and Rent Stabilization Ordinance and the previsions to include rent cap, rental registry and/or registry fee, rent board, amendments related to no fault just cause evictions, and amendments related to at fault just cause evictions. Councilmember Vazquez shared his support for the proposal. Councilmember Bacerra spoke in opposition to the item. Councilmember Phan requested clarification regarding adopting an Ordinance requiring supermajority to amend provisions. Chief Assistant City Attorney John Funk explained a supermajority vote to amend provisions and the previously amended ordinance. Councilmember Hernandez stated he is fully supportive of this item. Councilmember Penaloza spoke in opposition to the item. City Manager Kristine Ridge stated staff would research and return to Council with options by October 3, 2023. CITY MANAGER COMMENTS City Manager Kristine Ridge announced the upcoming events- National Grandparents Day September 7-9 at the Library and Fiestas Patrias September 16-17. COUNCIL COMMENTS AB1234 DISCLOSURE — If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended. MINUTES: Councilmember Bacerra wished Margaret Lane a Happy 105t" Birthday and thanked her for her years of services, provided a comment to the City Manager in regards to the intoxication detention policy with an emphasis on Bristol St. between First and McFadden, announced his monthly community office hours for the second Saturday in September at 10:00 A.M. at George Upton All Access Park, wished everyone a Happy Labor Day, and requested the meeting to be adjourned in the memory of 23 year old Veronica Amezola and 27 year old Kimberly lzquierdo. Councilmember Hernandez thanked the community for their participation and spoke regarding Chicano Heritage Month and the Chicano Heritage Festival at El Salvador Park. CITY COUNCIL 15 8/29/2023 Councilmember Phan gave an update about the Housing Authority Forum, congratulated the Parks and Recreation Department for the Zoofari Event and Chicano Heritage Festival, gave a shout out to local artist Marina Aguilera for her mural, and spoke regarding being elected as Division 11 representative for the League of California Cities. Councilmember Vazquez thanked Parks and Recreation for the event put together on Sunday and announced that it is garage sale weekend. Mayor Pro Tem Lopez announced the Grupo Autistimo 20t" Annual Event taking place in Ward 3 on September 9, invited the community to come out on September 3 for Carnaval Muralense, announced the Ceremonial Grand Opening for small business, Hammer Burger, and spoke regarding her participation in the Climate Resiliency Forum. ADJOURNMENT — Adjourn the City Council Special meeting. MINUTES: Mayor Pro Tem Lopez adjourned the Special City Council Meeting at 9:21 P. M. Adjourn in memory of: Veronica Amezo/a Kimberly Izquierdo Respectfully submitted: Jennifer L. Hall, CMC City Clerk CITY COUNCIL 16 8/29/2023 DRAFT Minutes of the Special Closed and Regular Meeting of the City Council City of Santa Ana, California September 19, 2023 CLOSED SESSION MEETING - 5:00 pm REGULAR OPEN MEETING - 5:30 pm (Immediately following the Closed Session Meeting) CITY COUNCIL CHAMBER 22 Civic Center Plaza, Santa Ana, CA 92701 CLOSED SESSION CALL TO ORDER MINUTES: Mayor Amezcua called the Closed Session meeting to order at 5:09 P.M. ATTENDANCE Council Members Mayor Pro Tern Mayor City Manager City Attorney City Clerk ROLL CALL Phil Bacerra Johnathan Ryan Hernandez David Penaloza Thai Viet Phan Benjamin Vazquez Jessie Lopez Valerie Amezcua Kristine Ridge Sonia R. Carvalho Jennifer L. Hall MINUTES: City Clerk Jennifer L. Hall conducted roll call. Councilmembers Hernandez, Penaloza, Phan, and Vazquez, and Mayor Amezcua were present. Councilmember Bacerra and Mayor Pro Tem Lopez joined the meeting during Closed Session. MINUTES OF REGULAR MEETING 1 September 19, 2023 ADDITIONS\DELETIONS TO CLOSED SESSION MINUTES: City Clerk Jennifer L. Hall stated there were no additionsldeletion to Closed Session. Councilmember Phan reported a recusal for Closed Session Agenda Item No. 1 B as the listed entities are clients of her employer. PUBLIC COMMENTS — Members of the public may address the City Council on Closed Session items. MINUTES: No public comments were received regarding Closed Session items. RECESS — City Council will recess to Closed Session for the purpose of conducting regular City business. MINUTES: Mayor Amezcua recessed to consider the Closed Session items at 5:10 P.M. 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. Myles Ramsey v. City of Santa Ana. et al., United States District Court (Central District of California), Case No. 8:21-CV-00825-JLS-KES B. Share Our Selves Corporation v City of Santa Ana. et al., United States District Court (Central District of California), Case No. 8:23-CV-00504-DOC-DFM MINUTES: Councilmember Phan recused herself from consideration of Item No. 1 B and left the room at 5:29 P.M. CLOSED SESSION REPORT — The City Attorney will report on any action(s) to be taken at the Regular Open Session which will begin immediately following the Closed Session. RECONVENE — City Council will reconvene to continue regular City business. MINUTES OF REGULAR MEETING 2 September 19, 2023 CITY COUNCIL REGULAR OPEN SESSION CALL TO ORDER MINUTES: MayorAmezcua reconvened the City Council at 5:58 P.M. Pr)l I rAl I MINUTES: City Clerk Jennifer L. Hall conducted roll call. All members of the City Council were present. PLEDGE OF ALLEGIANCE Sunburst Youth Challenge Academy WORDS OF INSPIRATION Cadet Helstern, Sunburst Youth Challenge Academy CEREMONIAL PRESENTATIONS 1. Certificates of Recognition presented by Councilmember Phan to Sunburst Youth Challenge Academy Cadets for Academic Excellence/Accomplishments. 2. City Tile presented by Mayor Amezcua to the Sahuayo City Council for their Commitment to Fostering a Sister City relationship with the Santa Ana Community. 3. Certificates of Recognition presented by Mayor Pro Tern Lopez to the City's Housing Division Team for Outstanding Contributions to the Community. MINUTES: Ceremonial Presentation Item No. 2 was taken out -of -order and presented before Item No. 1. Mayor Amezcua presented a City Tile and flag to the Sahuayo City Council and expressed excitement for their partnership. Councilmember Phan presented certificates of recognition to the Sunburst Youth Challenge Academy Cadets and spoke regarding the Academy. Mayor Pro Tem Lopez presented certificates of recognition to the City's Housing Division Team and thanked staff for their hard work and efforts. STAFF PRESENTATIONS 4. Informational Briefing and Update on PFAS Cleanup by Orange County Water District. MINUTES OF REGULAR MEETING 3 September 19, 2023 MINUTES: Deputy Public Works Director Cesar Barrera and Orange County Water District Director of Engineering Chris Olsen provided a presentation. CLOSED SESSION REPORT — The City Attorney will report on any action(s) from Closed Session. MINUTES: City Attorney Sonia Carvalho stated the City Council took action on Closed Session Agenda Item No. 1A Myles Ramsey v. City of Santa Ana. et al., United States District Court (Central District of California), Case No. 8:21-CV-00825-JLS-KES, and voted unanimously to approve the settlement of $95, 000. Mayor Amezcua reported the public hearing would be moved out -of -order. PUBLIC HEARING AGENDA ITEM NO. 25 WAS CONSIDERED OUT -OF -ORDER AND HEARD PRIOR TO PUBLIC COMMENT. PUBLIC HEARINGS 25. Public Hearing: Consolidated Annual Performance and Evaluation Report for Fiscal Year 2022-23 (Community Development Block Grant, Emergency Solutions Grant, HOME Investment Partnership Program) Legal notice published in the Orange County Register, La Opinion, and Nguoi Viet on August 17, 2023. Department(s): Community Development Agency Recommended Action: Authorize submission of the Consolidated Annual Performance and Evaluation Report to the U.S. Department of Housing and Urban Development. MINUTES: Mayor Amezcua opened the Public Hearing at 6:53 P.M. City Clerk Jennifer L. Hall stated there were no speakers. There being no request to speak, Mayor Amezcua closed the Public Hearing at 6: 53 P.M. Councilmember Hernandez spoke regarding the Consolidated Annual Performance and Evaluation Report for Fiscal Year 2022-23. MOTION: Mayor Amezcua moved to approve the recommended action for Item No. 25, seconded by Councilmember Hernandez. The motion carried, 7-0, by the following roll call vote: AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ, MAYOR MINUTES OF REGULAR MEETING 4 September 19, 2023 AMEZCUA NOES: NONE ABSTAIN: NONE ABSENT: NONE Status: 7 — 0 — Pass PUBLIC COMMENT — Public comments will be held during the beginning of the meeting for ALL comments on agenda and non -agenda items, except for public hearings. Comments for public hearings will take place after the hearing is opened. MINUTES: The following speakers addressed Council via teleconference: 1. Aida Perez(translation: Spanish) spoke in support of Agenda Item No. 28. City Clerk Jennifer L. Hall stated the time for public comment is two minutes per the Mayor's direction. 2. Maria Pina (translation: Spanish) spoke in support of Agenda Item No. 28. 3. Jane Doe congratulated and commended the Housing Division for all their hard work and efforts. 4. Boomer Vicente spoke in opposition to Agenda Item No. 20. 5. Jonnah spoke in support of Agenda Item No. 28. 6. Tanya Navarro spoke in opposition to Agenda Item No. 20. 7. Daniel Riley spoke in support of Agenda Item No. 28. 8. Victor Mendez spoke in support of Agenda Item No. 28. 9. Juliana Musheyev spoke in support of Agenda Item No. 28. The following speakers addressed council in -person: 1. Ross Romero spoke in support of Agenda Item No. 28. 2. Bee Cleaver spoke in opposition to Agenda Item No. 28. 3. Monica spoke in opposition to Agenda Item No. 28. 4. Carlos Perea spoke in support of Agenda Item No. 28. 5. Phuong Vu (translation: Vietnamese) spoke in support of Agenda Item No. 28. MINUTES OF REGULAR MEETING 5 September 19, 2023 6. Martin Mendiola spoke in support of Agenda Item No. 28. 7. Vincent Tran spoke in support of Agenda Item No. 28. 8. Celeste Vasquez spoke in support of Agenda Item No. 28 and in opposition to Agenda Item No. 20. 9. Faby Jerome spoke in support of Agenda Item No. 28. 10. Tracy La spoke in support of Agenda Item Nos. 26 and 28 and in opposition to Agenda Item No. 20. 11. Duy Viet Le spoke in support of Agenda Item No. 28. 12. Julia Gomez spoke in support of Agenda Item No. 28. 13. Mai Do spoke in support of Agenda Item No. 28. 14. Indigo Vu spoke in support of Agenda Item No. 28 and in opposition to Agenda Item No. 20. 15. Claudia Morales (translation: Spanish) spoke in support of Agenda Item No. 28. 16. Marcela Rosas (translation: Spanish) spoke in support of Agenda Item No. 28. 17. Mike Tardif spoke in opposition to Agenda Item No. 28. 18. Salvador Sarmiento spoke in support of Agenda Item No. 28. 19. Gema Suarez spoke in support of Agenda Item No. 28. 20. Maria Torres (translation: Spanish) spoke in support of Agenda Item No. 28. 21. Iris Zuniga (translation: Spanish) spoke in support of Agenda Item No. 28. 22. Wendy Bahena (translation: Spanish) spoke in support of Agenda Item No. 28. 23. Danny Vega spoke in support of Agenda Item No. 27. 24. Arturo Robles (translation: Spanish) spoke in opposition to Agenda Item No. 28. 25. Silvia Avendano (translation: Spanish) spoke in support of Agenda Item No. 28. 26. Socorro Sarmiento (translation: Spanish) spoke in support of Agenda Item No. 28. 27. Apolinio Codes (translation: Spanish) spoke in support of Agenda Item No. 28. 28. Larry Sims spoke in opposition to Agenda Item No. 28. MINUTES OF REGULAR MEETING 6 September 19, 2023 29. Chavita Sarmiento spoke in support of Agenda Item No. 28. 30. Sarai Arpero (translation: Spanish) spoke in support of Agenda Item No. 28. 31. Jenna Narahara spoke in support of Agenda Item No. 28. 32. Leo Campos (translation: Spanish) spoke in support of Agenda Item No. 28. 33. Derek Yeghiazarian spoke in support of Agenda Item No. 28. 34. Alexis Teodoro spoke in support of Agenda Item No. 28. 35. Mike Bears spoke regarding homeless issues surrounding 210 S. Broadway and requested parking fines increase and the homeless issue be addressed. 36. Darwin Nguyen spoke regarding a burglary that occurred at his small business in Santa Ana. 37. Jesse S. spoke in opposition to Agenda Item No. 28. 38. Scott spoke in support of Agenda Item No. 28. 39. Ghia spoke in opposition to Agenda Item No. 28. 40. Andrea Perez spoke in support of Agenda Item No. 28. City Clerk Jennifer L. hall reported out the summary of email comments received: One (1) comments regarding Agenda Item No. 20, Two (2) comments regarding Agenda Item No. 26, Nine (9) comments regarding Agenda Item No. 28, and Twenty-five (25) non -agenda comments. CONSENT CALENDAR RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 3 through 28. MINUTES: At 8:43 P.M., the Consent Calendar was considered. Councilmember Hernandez pulled Agenda Item No. 20, Councilmember Penaloza pulled Agenda Item No. 13, and Councilmember Bacerra pulled Agenda Item Nos. 23 and 24 for separate discussion and consideration. Councilmember Phan reported a recusal for Agenda Item Nos. 18, 21, and 22 as the listed entities are clients of her employer. MOTION: Councilmember Hernandez moved to approve staff recommendations on the following Consent Calendar Items: 3 through 28 with the exception of Agenda Item Nos 13, 20, 23, seconded by Council Member Penaloza. MINUTES OF REGULAR MEETING 7 September 19, 2023 The motion carried, 7-0, by the following roll call vote: AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA NOES: NONE ABSTAIN: NONE ABSENT: NONE Status: 7 — 0 — Pass 3. Excused Absences Department(s): Clerk of the Council Recommended Action: Excuse the absent members. 4. Appoint Gabriel Castillo Laughton Nominated by Mayor Pro Tern Lopez as the Ward 3 Representative to the Police Oversight Commission for a Full -Term Expiring December 10, 2024 Department(s): City Clerk's Office Recommended Action: Appoint Gabriel Castillo Laughton to the Police Oversight Commission as the Ward 3 representative and administer the Oath of Office. MINUTES: City Clerk Jennifer L. Hall administered the Oath of Office to Gabriel Castillo. 5. Minutes from the Special Closed Session and Regular Meeting of December 20, 2022 Department(s): City Clerk's Office Recommended Action: Approve minutes. 6. Approve Destruction of Obsolete City Records Department(s): Finance and Management Services Recommended Action: Approve the request for the destruction of obsolete records from the Finance & Management Services in accordance with the retention schedule outlined in City Council Resolution 2013-014. 7. Approve Appropriation Adjustment to Carry Over Unspent Amounts from Fiscal Year 2022-23 to Fiscal Year 2023-24 MINUTES OF REGULAR MEETING 8 September 19, 2023 Department(s): Finance and Management Services Recommended Action: 1. Approve an Appropriation Adjustment to reduce the FY 2022-23 budget for unspent amounts to be carried over to FY 2023-24. (Required five affirmative votes) 2. Approve and Appropriation Adjustment to increase the FY 2023-24 budget for amounts carried forward from FY 2022-23.(Requires five affirmative votes) 10. Approve an Appropriation Adjustment Accepting the Board of State and Community Corrections Officer Wellness and Mental Health Grant Program Department(s): Police Department Recommended Action: Approve an appropriation adjustment recognizing $246,431.01 in the Law Enforcement Grants revenue account and appropriate same to the Board of State and Community Corrections Police Grants expenditure accounts. (Requires five affirmative votes) 11. Approve an Appropriation Adjustment to Recognize Measure M2 Grant Funding and Amend the Fiscal Year 2023-24 Capital Improvement Program for the Fairview Street Improvement Project (Project No. 23-6701) Department(s): Public Works Agency Recommended Action: 1. Approve and app appropriation adjustment recognizing Measure M2 grant funding in the amount of $825,000 into the Public Works Measure M2 Competitive revenue account and appropriate the same amount into the Measure M2 Competitive Street, Improvements Other Than Building expenditure account for future year expenditures. (Requires five affirmative votes) 2. Approve an amendment to the Fiscal Year 2023-24 Capital Improvement Program to include Measure M2 grant funding in the amount of $825,000 for the Fairview Street Improvements (17th Street to Trask Avenue) Project (Project No. 23- 6701). 12. Approve an Appropriation Adjustment, Cooperative Cost Reimbursement Agreement with the City of Garden Grove, and Award a Construction Contract to R.J. Noble Company in the Amount of $1,643,676 for the MINUTES OF REGULAR MEETING 9 September 19, 2023 Westminster Avenue Rehabilitation Project from Newhope Street to Harbor Boulevard with an Estimated Project Delivery Cost of $2, 112,595 (Project No.22-6989) (Non -General Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an appropriation adjustment recognizing $542,000 in cost reimbursements from the City of Garden Grove into the Selected Street Construction revenue account, and appropriating the same amount to the Selected Street Construction expenditure account for the Westminster Avenue Improvement Project. (Requires five affirmative votes.) 2. Authorize the City Manager to execute a Cooperative Cost Reimbursement Agreement with the City of Garden Grove for improvements on Westminster Avenue within the Garden Grove jurisdiction from Newhope Street to Harbor Boulevard, subject to non -substantive changes approved by the City Manager and the City Attorney (Agreement No. 2023-159). 3. Authorize budget reallocation of $185,405 in unspent Roadway Maintenance and Rehabilitation Account (SB-1) from the Fairview Rehabilitation from South City Limits to Segerstrom Avenue Improvement (No. 21-6978) Project and $47,595 in unspent Roadway Maintenance and Rehabilitation Account (SB-1) from the Euclid Rehabilitation from First Street to Hazard Avenue Improvements (No. 20-6955) Project to construction funds for the Westminster Avenue Rehabilitation from Newhope Street to Harbor Boulevard Project (No. 22-6989) to complete the project funding requirement. 4. Award a construction contract to R.J . Noble Company, the lowest responsible bidder, in accordance with the base bid in the amount of $1,643,676, subject to change orders (not to exceed 25% of the base bid amount) in accordance with the Greenbook : Standard Specifications for Public Works Construction, for construction of the Westminster Avenue Rehabilitation, for the term beginning September 19, 2023 and ending upon project completion, and authorize the City Manager to execute the contract subject to non -substantive changes approved by the City Manager and the City Attorney. 5. Approve the Project Cost Analysis for a total estimated construction delivery cost of $2, 112,595, which includes $1,643,676 for the construction contract; $246,551 for contract administration, inspection, and testing; $58,000 for design engineering; and a $164,368 project contingency for unanticipated or unforeseen work. 6. Determine that the recommended actions are exempt from further review in accordance with the California Environmental Quality Act as Categorical Exemption Environmental Review No. ER-2023-77 was filed for the project. MINUTES OF REGULAR MEETING 10 September 19, 2023 13. Approve an Appropriation Adjustment and Award a Construction Contract to Legion Contractors, Inc. in the Amount of $3,366,625 for the Standard — McFadden Park Project, with an Estimated Project Delivery Cost of $4,208,281 (Project No. 20-2729) (Non -General Fund) Department(s): Public Works Agency Recommended Action: Approve an appropriation adjustment to recognize $669,060 in revenue received from prior years into the Residential Development District 3, Park Acquisition & Development Fees revenue account and appropriate the same amount into the Residential Development District 3, Improvements Other Than Building expenditure account. (Requires five affirmative votes) 2. Approve an amendment to the FY 2023-24 Capital Improvement Program to include $669,060 in construction funds for the Standard - McFadden Park Project (Project No. 20-2729). 3. Award a construction contract to Legion Contractors, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $3,366,625, subject to change orders (not to exceed 25 percent of the base bid amount) in accordance with the Greenbook: Standard Specifications for Public Works Construction, for construction of the Standard - McFadden Park Project, for a term beginning September 19, 2023 and ending upon project completion, and authorize the City Manager to execute the contract subject to non -substantive changes approved by the City Manager and the City Attorney. 4. Approve the project cost analysis for a total estimated construction delivery cost of $4,208,281, which includes $3,366,625 for the construction contract; $504,994 for contract administration, inspection, and testing; and a $336,662 project contingency for unanticipated or unforeseen work. 5. Determine the recommended actions are exempt from further review in accordance with the California Environmental Quality Act as Categorical Exemption Environmental Review No. ER-2021-97 was filed for the project. MINUTES: Councilmember Penaloza spoke regarding the positive impacts of the project to the community and thanked staff for their hard work and efforts. He requested a nice fence be installed instead of a chain link fence, a blue light pole be added to the Standard and McFadden Park, and the blue light pole be serviced at Madison Park. Councilmember Hernandez spoke in support of the project. Councilmember Vazquez spoke in support of the project with the upgrade fence request. MINUTES OF REGULAR MEETING 11 September 19, 2023 Mayor Pro Tem Lopez spoke in support of the project and commented on the proposed fencing. MOTION: Councilmember Penaloza moved to approve the recommended action for Item No. 13, seconded by Mayor Amezcua. The motion carried, 7-0, by the following roll call vote: YES: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA NOES: NONE ABSTAIN: NONE ABSENT: NONE Status: 7 — 0 — Pass 14. Approve an Amendment to the Fiscal Year 2023-24 Capital Improvement Program for $53,000 and Award a Construction Contract to Hardy & Harper, Inc. in the Amount of $540,000 for the Traffic Calming Phase 1 in Five Separate Locations on Grovemont St., Civic Center Dr., Walnut St., Myrtle St., and Cypress Ave., with an Estimated Project Delivery Cost of $648,000 (Project No. 23-6034) (General Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an amendment to the FY 2023-24 Capital improvement Program to include $53,000 in construction funds for the Traffic Calming Phase 1 (Project No. 23-6034� 2. Authorize the City Manager to reject the bid submitted by HZS Engineering and Construction as non -responsive and award a construction contract to Hardy & Harper, Inc. the lowest responsible bidder, in accordance with the base bid in the amount of $540,000 for construction of the Traffic Calming Phase 1, for a term beginning September 19, 2023 and ending upon project completion , and authorize the City Manager to execute the contract subject to non -substantive changes approved by the City Manager and the City Attorney. 3. Approve the Project Cost Analysis for a total estimated construction delivery cost of $648,000, which includes $540,000 for the construction contract; $54,000 for contract administration, inspection, and testing; and a $54,000 project contingency for unanticipated or unforeseen work. 4. Determine that the recommended actions are exempt from further review MINUTES OF REGULAR MEETING 12 September 19, 2023 in accordance with the California Environmental Quality Act as Categorical Exemption Environmental Review No. ER-2023-35 was filed for the project. 15. Approve Agreements with Interwest Consulting Group, Inc. and Epic Land Solutions, Inc. for On -Call Right -of -Way Coordination Services in an Aggregate Amount Not to Exceed $250,000 for up to a Five -Year Term (Non - General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute agreements with Interwest Consulting Group, Inc. and Epic Land Solutions, Inc. to provide on -call right- of -way coordination services for a shared aggregate amount not to exceed $250,000, for a three-year term beginning September 19, 2023 and expiring on September 18, 2026, with the provision for one, two-year extension, subject to non -substantive changes approved by the City Manager and City Attorney (Core Agreement No. 2023-160). 16. Amend the Agreement with Elliott Auto Supply Co., Inc. dba Factory Motor Parts by Increasing the Existing Agreement by an Annual Amount Not to Exceed $500,000 for the Remainder of the Contract Term (Specification No. 19-085) (Non -General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute the first amendment to the agreement with Elliott Auto Supply Co., Inc. dba Factory Motor Parts for consignment vehicle parts and accessories by increasing the annual amount by $160,000, for a revised annual amount not to exceed $500,000, for the remainder of the current one-year term expiring June 30, 2024, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-161). 17. Approve Agreements with Enterprise Automation, Northern Digital, Inc., and SOFFA Electric, Inc. to Provide Functional Specifications and SCADA Source Control and Change Control Services in an Aggregate Amount Not to Exceed $1,250,000 for up to a Five -Year Term (Non -General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute agreements with Partners in Control, Inc. dba Enterprise Automation, Northern Digital, Inc., and SOFFA Electric, Inc. to provide on -call engineering services to prepare functional specifications and to provide supervisory control and data acquisition, source control, and change control services, for a shared aggregate amount not to exceed $1,250,000, for a three-year term beginning September 19, 2023 and expiring September 18, 2026, with provisions for one, two-year extension, subject to non- substantive changes approved by the City Manager and City MINUTES OF REGULAR MEETING 13 September 19, 2023 Attorney (Core Agreement No. 2023-162). 18. Approve the First Amendment to the IPS Group, Inc. Agreement for Increased Monthly Smart Parking Meters Service Cost, Warranty Purchase, Repair, Modem Upgrades, and Contingency Cost in the Amount of $540,000 (Non -General Fund) Department(s): Community Development Department Recommended Action: Authorize the City Manager to execute an amendment to the agreement with IPS Group, Inc. for increased monthly smart parking meters service cost, warranty purchase, repairs, and modem upgrades, to increase the compensation amount by $540,000, for a total amount not to exceed $840,000 for the existing term of February 15, 2022 to February 14, 2027, subject to non - substantive changes approved by the City Manager and City Attorney (Agreement No.2023-163). MINUTES: Councilmember Phan reported a recusal for Agenda Item No. 18 as the listed entities are clients of her employer. MOTION: Councilmember Hernandez moved to the recommended action for Item No. 19 as part of the Consent Calendar, seconded by Council Member Penaloza. The motion carried, 7-0, by the following roll call vote: AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA NOES: NONE ABSTAIN: NONE ABSENT: NONE Status: 7 — 0 — Pass 19. Approve an Agreement with Empower Annuity Insurance Company for Administrative, Recordkeeping, and Communication Services Pertaining to the 457 Deferred Compensation Plan Department(s): Finance and Management Services Recommended Action: Authorize the City Manager to execute a Restated Master Services Agreement with Empower Annuity Insurance Company for the administrative, recordkeeping, and communication services ("services") pertaining to the 457 Deferred Compensation Plan for a three-year term beginning October 1, 2023 through September 30, 2026, with a provision for a single two-year extension , subject to non -substantive changes approved by the City Manager and the City Attorney (Agreement No. 2023-164). MINUTES OF REGULAR MEETING 14 September 19, 2023 20. Approve Master Service Agreement with Lexipol, LLC to provide Policy Manual Maintenance and Support to the Police Department (General Fund and Non -General Fund) (continued from City Council meeting of August 29, 2023, Item No. 14) Department(s): Police Department Recommend Action: Authorize the City Manager to execute an agreement with Lexipol, LLC for the period of October 1, 2023 through September 30, 2026, to provide policy manual maintenance, support, and training services to the Police Department in an amount not to exceed $175,573.29, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-165).. MINUTES: Councilmember Hernandez spoke in opposition to the Lexipol, LLC agreement and the negative impacts Lexipol has in the community. Councilmember Vazquez spoke in opposition to Lexipol, LLC. MOTION: Councilmember Hernandez to allocate additional resources to the City Manager's Office to address Policy Manual Maintenance and Support to the Police Department and collaborate with the Police Oversight Commission, seconded by Council Member Vazquez. MINUTES: Mayor Amezcua spoke in support of the Lexipol, LLC agreement and regarding the need for policies and procedures. Councilmember Phan spoke regarding the Lexipol agreement and the need for the Police Oversight Commission to review the policies and procedures. Mayor Pro Tem Lopez spoke regarding the burden of policy maintenance and support and stated the Police Oversight Commission should maintain and support Police policies and procedures. Councilmember Penaloza explained that Lexipol is a resource, tool, and library for the Police Department and spoke in support of the agreement. SUBSTITUTE MOTION: Councilmember Penaloza moved to approve the recommended action for Item No. 20, seconded by Mayor Amezcua. The substitute motion carried, 4-3, by the following roll call vote: AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, MAYOR AMEZCUA NOES: COUNCILMEMBER HERNANDEZ, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ ABSTAIN: NONE ABSENT: NONE Status: 4-3-PASS MINUTES OF REGULAR MEETING 15 September 19, 2023 21. Second Extension of Site Plan Review No. 2020-04 for the Central Pointe Mixed -Use Project to be Located at 1801 East Fourth Street Department(s): Planning and Building Agency Recommended Action: Adopt a resolution approving a second one-year extension of Site Plan Review No. 2020-04 to November 9, 2024. RESOLUTION NO. 2023-061 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING A ONE-YEAR EXTENSION OF SITE PLAN REVIEW NO. 2020-04 FOR THE CENTRAL POINTE MIXED -USE DEVELOPMENT TO BE LOCATED AT 1801 EAST FOURTH STREET," (includes determination that this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines as the proposed action to extend the existing, approved entitlement does not have the potential to cause a significant effect on the environment, as the existing, approved entitlement has already been evaluated pursuant to CEQA). MINUTES: Councilmember Phan reported a recusal for Agenda Item No. 21 as the listed entities are clients of her employer. MOTION: Councilmember Hernandez moved to the recommended action for Item No. 21 as part of the Consent Calendar, seconded by Council Member Penaloza. The motion carried, 7-0, by the following roll call vote: AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA NOES: NONE ABSTAIN: NONE ABSENT: NONE Status: 7 — 0 — Pass MINUTES OF REGULAR MEETING 16 September 19, 2023 22. Resolutions Supporting Orange County Water District's Submission of a Grant Application for Wells 27 and 28 PFAS Treatment System Project Department(s): Public Works Agency Recommended Action: 1. Adopt a resolution authorizing the Executive Director of the Public Works Agency to submit a financial assistance application for a financing agreement from the State Water Resources Control Board for the planning, design, and construction of the Wells 27 and 28 PFAS Treatment System P roj ect. RESOLUTION NO. 2023-062 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING AN APPLICATION TO THE STATE WATER RESOURCES CONTROL BOARD FOR FINANCIAL ASSISTANCE FOR THE WELLS 27 AND 28 PFAS TREATMENT SYSTEM PROJECT." 2. Adopt a resolution declaring the Wells 27 and 28 PFAS Treatment System Project is categorically exempt from the California Environmental Quality Act pursuant to Section 1503 of California Environmental Quality Act Guidelines. RESOLUTION NO. 2023-063 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CONSIDERING CITY OF SANTA ANA WELLS 27 AND 28 PFAS TREATMENT SYSTEM PROJECT EXEMPT," (includes determination that this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Section 15303 of the CEQA Guidelines as the proposed action consists of the construction and operation of small treatment plants and associated connection facilities at previously disturbed sites representing the development of limited numbers of new, small facilities or structures and it would not result in any significant impacts to the environment). MINUTES: Councilmember Phan reported a recusal for Agenda Item No. 18 as the listed entities are clients of her employer. MOTION: Councilmember Hernandez moved to the recommended action for Item No. 22 as part of the Consent Calendar, seconded by Council Member Penaloza. The motion carried, 7-0, by the following roll call vote: AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA MINUTES OF REGULAR MEETING 17 September 19, 2023 NOES: NONE ABSTAIN: NONE ABSENT: NONE Status: 7 — 0 — Pass 23. Councilmember-Requested Item Policy. Department(s): City Manager's Office Recommended Action: Adopt a resolution approving the City Council Policy Regarding Councilmember-Requested Items. RESOLUTION NO. 2023-064 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE CITY COUNCIL POLICY REGARDING COUNCILMEMBER-REQUESTED ITEMS. MINUTES: Councilmember Bacerra requested a revision to Section 2 of the policy to state that a Councilmember shall consult with the City Manager and City Attorney regarding the requested item. MOTION: Councilmember Bacerra moved to approve the recommended action for Item No. 23, as amended in Section2 of the policy, seconded by Mayor Amezcua. The motion carried, 6-0-0-1, by the following roll call vote: YES: COUNCILMEMBER BACERRA, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, COUNCIL MEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA NOES: NONE ABSTAIN: NONE ABSENT: COUNCILMEMBER HERNANDEZ Status: 6-0-0-1- PASS 24. Second Reading of Ordinance Amending Article VII, Prima Facie Speed Limits, of Chapter 36 of the Santa Ana Municipal Code Establishing Speed Limits on Certain Streets and Portions of Streets in the City (Project No. 22- 2992) (Non -General Fund). First reading at the August 29, 2023 City Council meeting, approved by a vote of 5-1- 1 (Bacerra dissenting and Amezcua absent). Published in the Orange County Reporter on September 8, 2023. Department(s): Public Works Agency MINUTES OF REGULAR MEETING 18 September 19, 2023 Recommended Action: Conduct a second reading of and adopt ordinance amending Article VII, Prima Facie Speed Limits, of Chapter 36 of the Santa Ana Municipal Code establishing speed limits on certain streets and portions of streets in the City. ORDINANCE NO. NS-3050 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REPEALING AND REENACTING IN ITS ENTIRETY ARTICLE VII OF CHAPTER 36 OF THE SANTA ANA MUNICIPAL CODE ESTABLISHING PRIMA FACIE SPEED LIMITS. MINUTES: Councilmember Bacerra spoke in support of the item and requested additional signage in eight additional locations. Discussion ensued regarding state law, signage, and conducting a citywide assessment of signage and related costs and resources. MOTION: Councilmember Penaloza moved to approve the recommended action for Item No. 24, seconded by Mayor Pro Tern Lopez. SUBSTITUTE MOTION: Councilmember Bacerra moved to approve the recommended action for Item No. 24, as amended with direction to staff regarding signs/lights as resources allow, seconded by Councilmember Vazquez. The substitute motion carried, 7-0, by the following roll call vote: YES: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, COUNCIL MEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA NOES: NONE ABSTAIN: NONE ABSENT: NONE Status: 7 - 0 - PASS **END OF CONSENT CALENDAR** PUBLIC HEARINGS PUBLIC HEARING AGENDA ITEM NO. 25 WAS CONSIDERED OUT -OF -ORDER AND HEARD PRIOR TO PUBLIC COMMENT. COUNCILMEMBER REQUESTED ITEMS MINUTES: City Attorney Sonia Carvalho spoke regarding the parameters of the brown act regarding councilmember requested items. MINUTES OF REGULAR MEETING 19 September 19, 2023 26. Discuss and Consider Directing the City Attorney to Prepare a City Council -Initiated Ballot Measure for Voter Approval Affirming the City of Santa Ana's Rent Stabilization and Just Cause Eviction Ordinance forthe November2024 General Presidential Election -Councilmember Phan MINUTES: Councilmember Phan directed staff to prepare a resolution for City Council's consideration to place a ballot measure on the November 2024 General Election to affirm the City of Santa Ana's Rent Stabilization and Just Cause Eviction Ordinance with flexibility to provide future amendments by super majority vote. She requested the item be brought back to Council at the October 17, 2023 City Council meeting. Councilmember Hernandez spoke in support of Councilmember Phan's request. Mayor Pro Tem Lopez requested options be provided to Council regarding the Rent Stabilization and Just Cause Eviction Ordinance. She expressed support for Councilmember Phan's request. Councilmember Vazquez spoke in support of the item. Councilmember Bacerra spoke regarding an Ad -Hoc Charter Amendment Review Committee and expressed concern regarding the proposed charter amendment. Councilmember Penaloza spoke regarding the anticipation of future ballot measures and requested Council create an Ad -Hoc Committee to address the numerous potential charter amendments. He spoke regarding the process of charter amendments and related costs. Mayor Amezcua suggested Council create an Ad -Hoc Committee to address potential charter amendments. 27. Discuss and Consider Directing the City Manager to Bring Back at the Next Regularly Scheduled Meeting a Fully Enforceable Ordinance that would Prohibit Spectators at Illegal Speed Contests and Reckless Driving Exhibitions That Often Endanger People's Lives and Disrupt Residents' Quality of Life - Councilmember Penaloza MINUTES: Councilmember Penaloza spoke in support of the item and requested the ordinance be brought back at the October 17, 2023 City Council meeting. Mayor Pro Tem Lopez spoke regarding her experiences related to illegal and reckless driving exhibitions and requested additional analysis. Councilmember Hernandez spoke in opposition to the item and spoke regarding SB 1472. Councilmember Vazquez spoke in opposition to the item. MINUTES OF REGULAR MEETING 20 September 19, 2023 Councilmember Phan spoke in support of bringing the item back and requested additional information be brought back regarding whom the spectators are. Councilmember Bacerra spoke in support of the item. Councilmember Penaloza explained the ordinance was brought before the Council in 2021 and was not approved. Mayor Amezcua spoke in support of the item. 28. Discuss and Consider Directing the City Manager and the City Attorney to Prepare for the City Council's Consideration Resolution Options to Place the Issue of Noncitizen Voting in City Council and Mayoral Elections on the November 2024 Ballot and Further Discuss and Consider Directing the City Manager to Prepare a Cost and Implementation Analysis of Establishing Noncitizen Voting - Councilmembers Hernandez and Vazquez MINUTES: Councilmember Hernandez spoke in support of the item. Councilmember Vazquez spoke in support of the item. Councilmember Phan spoke in support of the item. Mayor Pro Tern Lopez spoke in support of the item. Councilmember Penaloza spoke in opposition to the item and requested an Ad -Hoc Committee be created to address the numerous ballot measures. Mayor Amezcua agreed that an AdHoc Committee should be created. Councilmember Bacerra spoke in opposition to the item. Mayor Amezcua spoke in opposition to the item. Discussion ensued regarding time, costs and deadlines for ballot measures and policy direction. Councilmember Hernandez requested the item be brought back to Council at either the October 17, 2023 or the November 7, 2023 City Council meeting. Councilmember Phan requested a resolution for a ballot initiative that authorizes and directs the City Council to research and implement non -citizen voting in the City. Councilmember Bacerra asked for clarification regarding the placement of an advisory measure on the ballot. City Attorney Sonia Carvalho spoke regarding her experience with advisory measures. MINUTES OF REGULAR MEETING 21 September 19, 2023 Councilmember Penaloza asked for clarification regarding direction of the item. Councilmember Phan stated she would like a ballot measure on the November 2024 General Election which states, "The City Council of the City of Santa Ana shall research and implement non -citizen voting for local municipal elections within the City of Santa Ana. " She explained if and when the ballot measures passes, the City Council would then come back and do the research and implementation to the extent of the law. City Manager Kristine Ridge clarified that Mayor Pro Tem Lopez, Councilmember Vazquez, Councilmember Hernandez, and Councilmember Phan would like an advisory measure. CITY MANAGER COMMENTS City Manager Kristine Ridge announced live streaming of Fiestas Patrias and that an International Older Adults Celebration would be held on Friday, September 29, 2023. COUNCIL COMMENTS AB1234 DISCLOSURE — If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended. 1. September 7 - 8, 2023 Councilmember Phan - 2023 Asian American Pacific Islander Leadership Summit in Sacramento, CA. Councilmember Phan spoke regarding her experience at the Summit in Sacramento. She announced the 2nd Annual Mid -Autumn Festival at Centennial Park on October 2, 2023 and thanked staff for their hard work and efforts, and spoke regarding `Tea with Thai' at Godinez Fundamental High School. 2. September 7 - 9, 2023 Mayor Pro Tern Lopez - Local Progress 2023 National Convening in St. Louis, MO. Mayor Pro Tem Lopez — AB1234 Disclosure the City of Santa Ana paid for her travel and expenses to visit the Local Progress 2023 National Convening. She announced a park clean-up with Orange County Habitat and requested the community be involved with California Coastal Clean-up Month. Councilmember Vazquez expressed his excitement in honoring the Sahauyo City Council and thanked City staff for their hard work and efforts, and announced the County of Orange is now accepting applications for Section 8 Housing until September 29, 2023. Councilmember Hernandez thanked the community for their participation and engagement and the Parks and Recreation Division for their hard work and efforts on Fiesta Patrias. He expressed his excitement in forming a partnership with Sahuayo and thanked City staff for their hard work in hosting the Sahuayo City Council. MINUTES OF REGULAR MEETING 22 September 19, 2023 Councilmember Penaloza thanked the Parks and Recreation Division for their hard work and efforts in hosting City events, wished a Happy Birthday to all those in the month of September, and announced AB1234 Disclosure: The City of Santa Ana paid for his travel and expense to visit Sacramento for his swearing -in ceremony as the 2nd Vice President of the Orange County Division. Councilmember Bacerra announced that his monthly community office hours will be on Saturday, October 7, 2023 at 10:00 AM at Thorton Park and spoke regarding partnership with Sahuayo. Mayor Amezcua announced she will be having Coffee with the Mayor at the Senior Center on Saturday, September 23, 2023 from 10:00 A.M. — 12:00 P.M., and clarified multiple future City events have already been budgeted for the next year. She thanked the Santa Ana Police Department and the Orange County Fire Authority for their hard work and dedication, spoke regarding public safety, announced that October 3, 2023 will be the first meeting to present on Public Intoxication, and thanked the community and all City staff for the participation and hard work on Fiestas Patrias. ADJOURNMENT — Adjourn the City Council meeting. MINUTES: Mayor Amezcua adjourned the City Council at 11:04 P.M. in memory of Josefina Martinez Anguiano, Leonard Joseph Garcia, Jr., and Los Angeles Deputy Sheriff Ryan Clinkunbroomer. Respectfully submitted: Jennifer L. Hall, CMC City Clerk MINUTES OF REGULAR MEETING 23 September 19, 2023 DRAFT Minutes of the Regular Meeting of the City Council City of Santa Ana, California October 3, 2023 CLOSED SESSION MEETING - 4:00 P.M. REGULAR OPEN MEETING - 5:30 P.M. (Immediately following the Closed Session Meeting) CITY COUNCIL CHAMBER 22 Civic Center Plaza Santa Ana, CA 92701 CLOSED SESSION CALL TO ORDER MINUTES: Mayor Amezcua called the Closed Session Meeting to order at 4:07 P.M. ATTENDANCE Councilmembers Phil Bacerra Johnathan Ryan Hernandez David Penaloza Thai Viet Phan Benjamin Vazquez Mayor Pro Tern Jessie Lopez Mayor Valerie Amezcua City Manager Kristine Ridge City Attorney Sonia R. Carvalho City Clerk Jennifer L. Hall CITY COUNCIL 1 OCTOBER 3, 2023 ROLL CALL MINUTES: City Clerk Jennifer L. Hall conducted roll call. Councilmembers Penaloza, Phan, and Vazquez, and Mayor Amezcua were present. Councilmembers Bacerra and Hernandez, and Mayor Pro Tem Lopez joined the meeting during Closed Session. ADDITIONS\DELETIONS TO CLOSED SESSION MINUTES: None. PUBLIC COMMENTS-- Members of the public may address the City Council on Closed Session items. MINUTES: No public comments were received regarding Closed Session Agenda items. RECESS — City Council will recess to Closed Session for the purpose of conducting regular City business. MINUTES: Mayor Amezcua recessed to consider the Closed Session items at 4:10 P.M. 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: • Santa Ana Police Officers Association v. City of Santa Ana, Public Employment Relations Board Case No. LA-CE-1658-M 2. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a): Agency Negotiator: Jason Motsick, Human Resources Executive Director Employee Organization: • Santa Ana Police Officers Association (POA) 3. CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION pursuant tc Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code: • Margarita Jimenez v. City of Santa Ana, et al., Orange County Superior Court, Case No. 30-2021-01222252-CU-PA-NJC 4. CONFERENCE WITH LEGAL COUNSEL — SIGNIFICANT EXPOSURE TO LITIGATION pursuant to Government Code Section 54956.9(d)(2): • One (1) matter [personnel claim] CLOSED SESSION REPORT — The City Attorney will report on any action(s) from Closed Session. CITY COUNCIL 2 OCTOBER 3, 2023 RECONVENE — City Council will reconvene to continue regular City business. CITY COUNCIL REGULAR OPEN SESSION CALL TO ORDER MINUTES: Mayor Amezcua reconvened the Regular City Council meeting at 6:18 P.M. ATTENDANCE Councilmembers Mayor Pro Tern Mayor City Manager City Attorney City Clerk Rnl I COI I Phil Bacerra Johnathan Ryan Hernandez David Penaloza Thai Viet Phan Benjamin Vazquez Jessie Lopez Valerie Amezcua Kristine Ridge Sonia R. Carvalho Jennifer L. Hall MINUTES: City Clerk Jennifer L. Hall conducted roll call. All members of the City Council were present. PLEDGE OF ALLEGIANCE Andrew Linares WORDS OF INSPIRATION Pastor Tommy Cota, Hope Alive Church ADDITIONS\DELETIONS TO THE AGENDA MINUTES: City Clerk Jennifer L. Hall stated there were no revisions. CEREMONIAL PRESENTATIONS 1. Certificates of Recognition presented by Mayor Amezcua to Abound Food Care for Outstanding Contributions to the Community. 2. Certificate presented by Mayor Pro Tern Lopez to Sofia Wolff for Exceptional Athletic Performance and for qualifying to represent the United States at the Figures World Cup in 2023. 3. Proclamation presented by Councilmember Bacerra to Orange County Fire Authority declaring October 8-14, 2023 as Fire Prevention Week. 4. Proclamation presented by Councilmember Phan to Ben Chu declaring September 29, 2023 as Mid -Autumn Festival Day. CITY COUNCIL 3 OCTOBER 3, 2023 MINUTES: Ceremonial Presentations Item were taken out -of -order and presented. Councilmember Phan proclaimed September 29, 2023 as Mid Autumn Festival Day and presented the proclamation to Ben Chu. Councilmember Bacerra proclaimed October 8-14, 2023 as Fire Prevention Week and presented the proclamation to Orange County Fire Authority Battalion Chief Sultzer. Mayor Pro Tem Lopez presented a certificate to Sofia Wolff and acknowledged and congratulated her on her accomplishments. Mayor Amezcua presented Certificates of Recognition to Abound Food Care and expressed her gratitude for the outstanding contributions. STAFF PRESENTATIONS 4. Homelessness Update MINUTES: Homeless Services Manager Kenneth Gominsky gave a Homelessness Update presentation. Councilmember Vazquez requested month -by -month data regarding homeless numbers, servicing, and comparisons with other cities. Councilmember Phan thanked staff for the presentation and their hard work and spoke regarding partnership with the County of Orange. Mayor Amezcua spoke regarding the mysantaana app, Union Pacific Railroad challenges, and thanked staff for their hard work and efforts. CLOSED SESSION REPORT — The City Attorney will report on any action(s) from Closed Session. MINUTES: City Attorney Sonia Carvalho stated that City Council took action on Closed Session Agenda Item No. 3, Margarita Jimenez v. City of Santa Ana, et al., Orange County Superior Court, Case No. 30-2021-01222252-CU-PA-NJC, and voted unanimously to approve the settlement of $150,000. PUBLIC COMMENT — Public comments will be held during the beginning of the meeting for ALL comments on agenda and non -agenda items, except for public hearings. Comments for public hearings will take place after the hearing is opened. MINUTES: The following speakers addressed Council in -person: 1. Arsenio Lopez spoke regarding an incident at his family business, Arsenio's Mexican Food, on Harbor and McFadden. 2. Dr. Gabriela Mafi, Garden Grove Unified School Districit Superintendent, spoke in support of Agenda Item No. 12 and spoke regarding the need for a full-time School Resource Officer. CITY COUNCIL 4 OCTOBER 3, 2023 3. Beth Thomas spoke regarding the Washington Square neighborhood, expressed concern regarding the sale of land in the neighborhood, and requested Council purchase the land to build a park. 4. Irma Jauregui expressed concern regarding Agenda Item No. 28 (voting) at the previous city council meeting, spoke in support of Agenda Item No.15 and requested a no vote on Agenda Item No. 17. City Clerk Jennifer L. Hall reported out the summary of email comments received: Two (2) comments regarding Agenda Item No. 12, Six (6) comments regarding Agenda Item No. 16, and Seven (7) non -agenda comments. CONSENT CALENDAR RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 6 through 14 and waive reading of all resolutions and ordinances MINUTES: At 7:07 P.M., the Consent Calendar was considered. Councilmember Hernandez and Councilmember Bacerra pulled Agenda Item No. 7 for separate discussion and consideration. MOTION: Councilmember Bacerra moved to approve staff recommendations on the following Consent Calendar Items: 6 through 14 with the exception of Agenda Item No. 7, seconded by Mayor Amezcua. The motion carried, 7-0, by the following roll call vote: AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA NOES: NONE ABSTAIN: NONE ABSENT: NONE Status: 7 — 0 - Pass 6. Excused Absences Department(s): City Clerk's Office Recommended Action: Excuse the absent members. 7. Public Intoxication and Substance Abuse Enforcement - Monthly Report Department(s): Police Department CITY COUNCIL 5 OCTOBER 3, 2023 Recommended Action: Receive and file. MINUTES: Assistant Police Chief Robert Rodriguez gave a presentation regarding Public Intoxication and Substance Abuse Enforcement. Various questions and discussion ensued regarding policy implementation, arrestees release location, shelter services, operation hours and costs, transportation services, and bus passes. Assistant Police Chief Rodriguez spoke regarding the enforcement policy, services provided, hours of operation, and costs associated. Councilmember Hernandez requested strengthening relationships with local community organizations and having a proactive approach for transportation services. Councilmember Bacerra spoke regarding the purpose of the policy. MOTION: Mayor Amezcua moved to approve the recommended action for Item No. 7, seconded by Councilmember Bacerra. The motion carried, 6-0-0-1, by the following roll call vote: AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA NOES: NONE ABSTAIN: NONE ABSENT: COUNCILMEMBER HERNANDEZ Status: 6 — 0 — 0 — 1 —Pass 8. Award Purchase Orders to Guaranty Chevrolet Motors, Inc. and Penske Chevrolet of Cerritos for Two Chevrolet Trucks in an Aggregate Amount Not to Exceed $212,899 (Specification No. 23-146) (General Fund and Non -General Fund) Department(s): Public Works Agency Recommended Action: 1. Authorize a one-time purchase and payment of purchase order to Guaranty Chevrolet Motors, Inc. for one Chevrolet 250OHD Truck in the amount of $92,377, plus a contingency amount of $10,000, for a total amount not to exceed $102,377, subject to non -substantive changes approved by the City Manager and City Attorney. 2. Authorize a one-time purchase and payment of purchase order to Penske Chevrolet of Cerritos for one Chevrolet 250OHD Utility Service Body Truck in the amount of $100,522, plus a contingency amount of $10,000, for a total amount CITY COUNCIL 6 OCTOBER 3, 2023 not to exceed $110,522, subject to non -substantive changes approved by the City Manager and City Attorney. 9. Approve Second Amendment with Bucknam Infrastructure Group, Inc. to Extend the Agreement Term and Increase the Total Agreement Amount by $100,000 for Pavement Management Program and Geographic Information System Professional Services (Non -General Fund) (Project 24-6898) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute a second amendment to the agreement with Bucknam Infrastructure Group, Inc. to extend the agreement term to expire October 18, 2024, and increase the total compensation by $100,000, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-167). 10.Approve Agreements with AKM Consulting Engineers, Anser Advisory Management, LLC., Ardurra Group, Inc., Cannon, and Willdan Engineering for On -Call Construction Management and Inspection Services in an Aggregate Amount Not to Exceed $3,000,000, for up to a Five -Year Term Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute agreements with AKM Consulting Engineers, Anser Advisory Management, LLC., Ardurra Group, Inc., Cannon, and Willdan Engineering to provide on -call construction management and inspection services for a shared aggregate amount not to exceed $3,000,000, for a three-year term beginning October 3, 2023 and expiring on October 2, 2026, with the provision for one two-year extension, subject to non -substantive changes approved by the City Manager and City Attorney (Core Agreement No. 2023-168). 11.Amend Agreement with iWater, Inc. for Water System Computer Modeling and Engineering Services by an Additional Amount Not to Exceed $240,000 for the Remainder of the Agreement Term including Final Extension Option from April 1, 2024 through March 31, 2025 (Non -General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute the first amendment to the agreement with iWater, Inc. for water system mapping and support services, to increase amount by $120,000 annually for the remainder of the term, and exercise the final extension option from April 1, 2024 through March 31, 2025 for $120,000, for a total amount not to exceed $240,000, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-169). CITY COUNCIL 7 OCTOBER 3, 2023 12. Approve a Three -Year Agreement with the Garden Grove Unified School District for School Resource Officer Services in the Amount of $630,657 Payable to the City Department(s): Police Department Recommended Action: Authorize the City Manager to execute a three-year service agreement with the Garden Grove Unified School District (GGUSD), which provides for the Santa Ana Police Department to staff one full time School Resource Officer (SRO) to the school district, for the period of October 3, 2023 through October 2, 2026, in an amount not to exceed $630,657 payable to the City, subject to non- substantive changes approved by the City Manager and the City Attorney (Agreement No. 2023-170). 13.Agreement with Seaside Ice, LLC, dba Ice -America, for a Seasonal Ice Rink and Related Services (General Fund) Department(s): Parks, Recreation, and Community Services Recommended Action: Authorize the City Manager to execute an agreement with Seaside Ice, LLC, dba Ice- America, for a total amount not to exceed $795,936, which includes the base amount of $723,536 and a contingency amount of $72,400, for a term beginning October 3, 2023 and ending January 31, 2024, subject to non- substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-171). 14.Adopt a Resolution Declaring City -Owned Properties as Surplus Land and Exempt Surplus Land and Directing the City Manager or their designee to Comply with the Requirement of Government Code §54220 et seq. for the Sale and Activation of Surplus Land Department(s): Public Works Agency Recommended Action: Adopt a resolution declaring City -owned property as surplus land and exempt surplus land and directing the City Manager or designee to comply with the requirements of Government Code §54220 et seq. for the sale and transfer of ownership accordingly. Surplus Land: APN Address Land Use Remnant Area Lot Configuration 011-134-06 901 E. Chestnut Ave. R 5,977 Standard �099-224-39 5225 W. 1 St St. R1 5,738 Standard 1099-224-38 5221 W. 1st St. R1 5,744 Standard 008-225-23 217 S. Bristol St. R2 3,447 Standard 008-225-24 219 S. Bristol St. R2 5,616 Standard 008-231-25 223 S. Bristol St. R2 4,556 Standard 004-121-12 1307 W. 10th St. SP1 6,255 Standard 099-224-33 114 N. Euclid St. C1 5,000 SubStandard CITY COUNCIL 8 OCTOBER 3, 2023 Exempt Surplus Land: APN Address Land Use Remnant Area Lot Configuration 109-121-23 2201 W. La Verne Ave. R 1,651 SubStandard 008-084-10 1102 W. 5th St. R 2,711 SubStandard 405-121-06 801 N. English St. R 3,976 SubStandard 109-092-61 1209 S Sullivan St. R 3,226 SubStandard 002-131-57 2337 N. Riverside Dr. R 2,150 SubStandard 403-121-30 1730 S. Grand Ave. R 505 SubStandard 398-381-09 414 Santa Fe R 1,731 SubStandard 013-053-33 1442 S. Baker St. R 2,810 SubStandard 013-052-27 1441 S. Baker St. R 336 SubStandard 013-052-28 1442 S. Rosewood Ave. R 409 SubStandard 013-123-25 1434 S. Towner St. R 1,411 SubStandard 013-124-23 1435 S. Towner St. R 1,587 SubStandard 013-121-25 1435 S. Lowell St. R 1,257 SubStandard 013-124-24 1434 S. Lowell St. R 1,444 SubStandard 144-303-22 3706 W. Camille St. SP2 597 Unknown 398-236-01 621 Spurgeon R 1,369 Substandard RESOLUTION NO.2023-065 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DECLARING VARIOUS PROPERTIES AS SURPLUS LAND AND EXEMPT SURPLUS LAND AND DIRECTING THE CITY MANAGER TO FOLLOW THE PROCEDURES SET FORTH IN THE SURPLUS LAND ACT, CALIFORNIA GOVERNMENT CODE SECTION 54220, ET SEQ., AS AMENDED, FOR THEIR DISPOSITION **END OF CONSENT CALENDAR** BUSINESS CALENDAR MINUTES: At 7:34 P.M., the business calendar was considered. 15.Ordinance Adding Article XV, Sections 36-706 through 36-710, Entitled "Street Racing and Reckless Driving Exhibitions Prohibited" to the Santa Ana Municipal Code Prohibiting Spectators at Illegal Speed Contests and Reckless Driving Exhibitions Department(s): Police Department Recommended Action: Approve first reading of an ordinance to prohibit spectators CITY COUNCIL 9 OCTOBER 3, 2023 who knowingly attend or assist with illegal speed contests and reckless driving exhibitions. If approved, Article XV, sections 36-706 through 36-710 entitled "Street Racing and Reckless Driving Exhibitions Prohibited" will be added to the Santa Ana Municipal Code. ORDINANCE NO. NS 3051 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADDING A NEW ARTICLE XV TO CHAPTER 36 OF THE SANTA ANA MUNICIPAL CODE TO PROHIBIT SPECTATORS AT A STREET RACE OR RECKLESS DRIVING EXHIBITION (includes determination that this ordinance is not subject to the California Environmental Quality Act under California Code of Regulations, Title 14, Section 15060, subdivision (c)(2), because the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment nor under subdivision (c)(3) because the activity has no potential for resulting in physical change to the environment, directly or indirectly and so is not a project) MINUTES: Assistant Police Chief Robert Rodriguez gave a brief presentation regarding the street racing and reckless driving exhibitions proposed ordinance. City Attorney Sonia Carvalho disclosed and explained she added additional enforcement language to the original ordinance language from May 2021 (page 3, section 36707, deleted language that refers to an infraction or alternative violations through administrative citations, same change would be made on section 36708) and stated she has redline copies available for Council to review. Councilmember Hernandez spoke regarding street takeovers, expressed concern regarding infractions related to spectators, and spoke in opposition to the item. Mayor Pro Tem Lopez requested all future redline item changes be emailed to Council prior to the meeting. Councilmember Phan spoke regarding spectators at a street race or reckless driving exhibition and police officer training and education regarding enforcement distinctions. Councilmember Bacerra spoke regarding spectators at a street race or reckless driving exhibition, impacts to the community, and police officer training and education regarding enforcement distinctions and in support of the item. Councilmember Penaloza spoke regarding spectators at a street race or reckless driving exhibition, impacts to the community, police enforcement, and in support of the item. He requested City Attorney Carvalho explain the additional redline language added to the ordinance. MOTION: Councilmember Bacerra moved to approve first reading of an ordinance to prohibit spectators who knowingly attend or assist with illegal speed contests and reckless driving exhibitions. If approved, Article XV, sections 36-706 through 36-710 entitled "Street Racing and Reckless Driving Exhibitions Prohibited" will be added to the Santa Ana Municipal Code, as presented in the May 2021 City Council meeting, seconded by Councilmember Penaloza. CITY COUNCIL 10 OCTOBER 3, 2023 City Attorney Carvalho spoke regarding the additional enforcement language added to the ordinance. Mayor Amezcua spoke regarding the impacts of enforcement towards minors as spectators at a street takeover and in support of the item. Councilmember Vazquez expressed concern regarding the impacts of enforcement related to spectators that are minors at street takeovers and expressed the need to find a different solution. Mayor Pro Tem Lopez spoke in support of the item and the original ordinance as presented. Discussion ensued regarding police officer intervention and education, impacts to youth, quality of life, and determination/distinction of enforcement at street takeovers. SUBSTITUTE MOTION: Mayor Pro Tem Lopez moved to approve the recommended action for Item No. 15, seconded by Councilmember Phan. The substitute motion carried, 6-1, by the following roll call vote: AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA NOES: COUNCILMEMBER HERNANDEZ ABSTAIN: NONE ABSENT: NONE Status: 6 — 1 — Pass PUBLIC HEARING AGENDA ITEM NOS. 17 and 18 WERE CONSIDERED OUT -OF - ORDER AND HEARD PRIOR TO BUSINESS CALENDAR AGENDA ITEM NO. 16. PUBLIC HEARINGS MINUTES: At 8:20 P.M. Councilmember Phan reported a recusal for Public Hearing Agenda Item Nos. 17 and 18 as the listed entities are clients of her employer. Mayor Pro Tem Lopez reported a recusal for Public Hearing Agenda Item Nos. 17 and 18 in an abundance of caution related to Government Code Section 84308. 17. Appeal Application No. 2023-06 Appealing the Decision of the Planning Commission to Deny Modification to Conditional Use Permit (CUP) No. 2019-41 and CUP No. 2023-03 for a New Service Station at 2230 N. Tustin Avenue Legal Notice published in the Orange County Reporter on September 22, 2023 and said notice mailed on September21, 2023. Department(s): Planning and Building Agency CITY COUNCIL 11 OCTOBER 3, 2023 Recommended Action: After conducting its public hearing on the item, the City Council may take one of the following three actions: 1. Adopt a resolution denying Appeal Application No. 2023-06 and upholding the determination of the Planning Commission to deny modification to Conditional Use Permit No. 2019-41 and Conditional Use Permit No. 2023-03. RESOLUTION NO. 2023-066 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DENYING APPEAL NO. 2023-06 AND UPHOLDING THE DETERMINATION OF THE PLANNING COMMISSION TO DENY A MODIFICATION TO CONDITIONAL USE PERMIT NO. 2019-41 TO ALLOW THE CONSTRUCTION OF A SERVICE STATION, AND TO DENY CONDITIONAL USE PERMIT NO. 2023-03 FOR A LAND USE THAT REQUIRES A REGIONAL, STATE, OR FEDERAL PERMIT TO HANDLE, STORE, EMIT OR DISCHARGE REGULATED COMPOUNDS, MATERIALS, CHEMICALS, OR SUBSTANCES WITHIN 500 LINEAR FEET OF A PUBLIC PARK, SCHOOL (K-12), OR RESIDENTIAL ZONE IN THE ARTERIAL COMMERCIAL (C5) ZONING DISTRICT, FOR THE PROPERTY LOCATED AT 2230 NORTH TUSTIN AVENUE •O 2. Adopt a resolution approving Appeal Application No. 2023-06 overturning the determination of the Planning Commission, thereby approving modification to Conditional Use Permit No. 2019-41 and Conditional Use Permit No. 2023-03 as conditioned. RESOLUTION NO. 2023-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING APPEAL NO. 2023-06, THEREBY OVERTURNING THE DETERMINATION OF THE PLANNING COMMISSION AND APPROVING A MODIFICATION TO CONDITIONAL USE PERMIT NO. 2019-41 TO ALLOW THE CONSTRUCTION OF A SERVICE STATION, AND APPROVING CONDITIONAL USE PERMIT NO. 2023-03 FOR A LAND USE THAT REQUIRES A REGIONAL, STATE, OR FEDERAL PERMIT TO HANDLE, STORE, EMIT OR DISCHARGE REGULATED COMPOUNDS, MATERIALS, CHEMICALS, OR SUBSTANCES WITHIN 500 LINEAR FEET OF A PUBLIC PARK, SCHOOL (K-12), OR RESIDENTIAL ZONE IN THE ARTERIAL COMMERCIAL (C5) ZONING DISTRICT, FOR THE PROPERTY LOCATED AT 2230 NORTH TUSTIN AVENUE (includes determination that this project is exempt from further review pursuant to the California Environmental Quality Act (CEQA) pursuant to Section 15303 of the CEQA Guidelines (Class 3 — New Construction or Conversion of Small Structures) as Notice of Exemption, Environmental Review No. 2017-83, will be filed for this project) •O CITY COUNCIL 12 OCTOBER 3, 2023 3. Adopt a resolution approving Appeal Application No. 2023-06 overturning the determination of the Planning Commission, thereby approving Conditional Use Permit No. 2019-41 and Conditional Use Permit No. 2023-03 with modified conditions of approval. RESOLUTION NO. 2023-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING APPEAL NO. 2023-06, THEREBY OVERTURNING THE DETERMINATION OF THE PLANNING COMMISSION AND APPROVING A MODIFICATION TO CONDITIONAL USE PERMIT NO. 2019-41 TO ALLOW THE CONSTRUCTION OF A SERVICE STATION, AND APPROVING CONDITIONAL USE PERMIT NO. 2023-03 FOR A LAND USE THAT REQUIRES A REGIONAL, STATE, OR FEDERAL PERMIT TO HANDLE, STORE, EMIT OR DISCHARGE REGULATED COMPOUNDS, MATERIALS, CHEMICALS, OR SUBSTANCES WITHIN 500 LINEAR FEET OF A PUBLIC PARK, SCHOOL (K-12), OR RESIDENTIAL ZONE IN THE ARTERIAL COMMERCIAL (C5) ZONING DISTRICT, FOR THE PROPERTY LOCATED AT 2230 NORTH TUSTIN AVENUE (includes determination that this project is exempt from further review pursuant to the California Environmental Quality Act (CEQA) pursuant to Section 15303 of the CEQA Guidelines (Class 3 — New Construction or Conversion of Small Structures) as Notice of Exemption, Environmental Review No. 2017-83, will be filed for this project) MINUTES: City Attorney Sonia Carvalho explained the rules of due process related to the public hearing. Mayor Amezcua opened the Public Hearing at 8:26 P.M. The following speakers addressed Council in -person: 1. Michael Ayaz, appellant, spoke in opposition to the Planning Commission's decision and requested Council approve the appeal with the removal of condition no. 7. City Clerk Jennifer L. Hall reported out the summary of email 47 e-comments received. The following speakers addressed council via teleconference: 2. Nikki Tichy spoke in opposition to the item and spoke in support of option 1. 3. Mr. and Mrs. Mike DeCosra spoke in opposition to the item. 4. Kim Lacey spoke in opposition to the item and spoke in support of option 1. The following speakers addressed Council in -person: 5. Steve Braum, landlord, spoke regarding the vacant lot and in support of the item. CITY COUNCIL 13 OCTOBER 3, 2023 6. Kim Cordoba spoke in opposition to the item and spoke in support of option 1. 7. Dale Helvig spoke in opposition to the item and spoke in support of option 1. 8. Winston Covington spoke in opposition to the item and spoke in support of option 1. 9. Danny Vega spoke in opposition to the item and spoke in support of option 1. Planning and Building Director Minh Thai gave a presentation regarding the Planning Commissions decision to deny modification to conditional use permits for a new service station at 2230 N. Tustin Ave. RAhudtal 1. Michael Ayaz, appellant, requested the Council approve the appeal and remove condition no. 7. Mayor Amezcua closed the Public Hearing at 9:06 P.M. Councilmember Bacerra spoke in support of denying the appeal and upload the planning commission's decision. MOTION: Councilmember Bacerra moved to approved recommended action no. 1 Item No. 17, seconded by Councilmember Hernandez. The motion carried, 5-0-2, by the following roll call vote: AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER VAZQUEZ, MAYOR AMEZCUA NOES: NONE ABSTAIN: COUNCILMEMBER PHAN, MAYOR PRO TEM LOPEZ ABSENT: NONE Status: 5 — 0 — 2 - Pass RECESS MINUTES: Mayor Amezcua recessed the City Council meeting at 9:12 P.M. RECONVENE MINUTES: Mayor Amezcua reconvened the City Council meeting to order at 9:13 P.M. CITY COUNCIL 14 OCTOBER 3, 2023 18. Appeal Application Nos. 2023-02 and 2023-03, appealing the decision of the Planning Commission to approve Site Plan Review (SPR) No. 2023-01 and Tentative Tract Map (TTM) No. 2023-03 (County Map No. 19243) to facilitate the construction of a mixed -use development known as Cabrillo Town Center at 1901 and 1971 East Fourth Street and 515 and 525 North Cabrillo Park Drive (collectively 1901 East Fourth Street) Legal notice published in the Orange County Reporter on September 22, 2023 and said notice mailed on September21, 2023. Department(s): Planning and Building Agency Recommended Action: Adopt a resolution denying Appeal Application Nos. 2023- 02 and 2023-03 and upholding the Planning Commission's approval of two resolutions to approve Site Plan Review (SPR) No. 2023-01 and Tentative Tract Map (TTM) No. 2023-03 (County Map No. 19243) to facilitate the construction of a mixed- use development known as Cabrillo Town Center at 1901 and 1971 East Fourth Street and 515 and 525 North Cabrillo Park Drive (collectively 1901 East Fourth Street). RESOLUTION NO. 2023-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DENYING APPEAL APPLICATION NOS. 2023-02 AND 2023- 03 AND UPHOLDING THE DETERMINATION OF THE PLANNING COMMISSION TO APPROVE SITE PLAN REVIEW (SPR) NO. 2023-01 AND TENTATIVE TRACT MAP (TTM) NO. 2023-03 (COUNTY MAP NO. 19243) TO FACILITATE THE CONSTRUCTION OF A MIXED -USE DEVELOPMENT KNOWN AS CABRILLO TOWN CENTER AT 1901 AND 1971 EAST FOURTH STREET AND 515 AND 525 NORTH CABRILLO PARK DRIVE, COLLECTIVELY 1901 EAST FOURTH STREET (APNS: 400-051-02; 400-051- 09; 400-051-14; AND 400-051-15) (includes determination that in accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the Project is within the scope of the 2007 Metro East Mixed -Use Overlay Zone Environmental Impact Report (EIR) and 2018 Subsequent EIR (SEIR (SCH No. 2006031041)). MINUTES: Planning and Building Director Minh Thai gave a presentation regarding the Planning Commission's decision to approve a site plan review and tentative tract map at Cabrillo Town Center. MayorAmezcua opened the public hearing at 9:26 P.P. The following speaker addressed council via teleconference: 1. Marjan Abubo, appellant, spoke regarding the EIR and in opposition to the item. The following speakers addressed Council in -person: 2. Ed MCoy, applicant, spoke regarding the project's compliance and in support of the item. CITY COUNCIL 15 OCTOBER 3, 2023 3. Dave Rand, applicant, spoke regarding CEQA, EIR, and in support of the item. 4. Talia Nimmer, appellant, spoke regarding violation of CEQA and in opposition to the item. 5. John Tafoga spoke in opposition to the item. Rebuttal The following speakers addressed council via in -person 6. Dave Rand, applicant, spoke regarding the EIR analysis and in support of the item. 7. Talia Nimmer, appellant, spoke regarding the EIR analysis and in opposition of the item. The following speakers addressed council via teleconference: 8. Marjan Abubo, appelleant, spoke regarding the EIR analysis and in opposition of the item. City Clerk Jennifer L. Hall reported out the summary of emails three (3) e-comments received. Mayor Amezcua closed the public hearing at 9:50 P.M. Councilmember Bacerra spoke regarding the hiring of local workers, objectives of the proposed development plan, and in opposition to the item. MOTION: Councilmember Bacerra moved to approve Appeal Application Nos. 2023-02 and 2023-03 and deny Site Plan Review (SPR) No. 2023-01 and Tentative Tract Map (TTM) No. 2023-03 (County Map No. 19243), seconded by Councilmember Hernandez. The motion carried, 5-0-2, by the following roll call vote: AYES: COUNCILMEMBER COUNCILMEMBER MAYOR AMEZCUA NOES: NONE ABSTAIN: COUNCILMEMBER LOPEZ(recusal) ABSENT: NONE Status: 5 — 0 — 2 - Pass BACERRA, COUNCILMEMBER HERNANDEZ, PENALOZA, COUNCILMEMBER VAZQUEZ, PHAN (recusal), MAYOR PRO TEM MINUTES: After the public hearing items were heard Councilmember Phan and Mayor Pro Tem Lopez returned to the dais at 9:53 P.M. CITY COUNCIL 16 OCTOBER 3, 2023 BUSINESS CALENDAR 16. Consider Options Presented Regarding Whether to Affirm the City Council's Adoption of the Rent Stabilization and Just Cause Eviction Ordinance and/or Whether to Amend the Rent Stabilization and Just Cause Eviction Ordinance to Require Two- Thirds Approval of all of the Members of the Santa Ana City Council to Amend the Ordinance in the Future Department(s): City Attorney Office Recommended Action: Consider the options described below and, at a minimum, act on Option Two by approving first reading of the ordinance to affirm prior Council adoption and consider approving first reading of an ordinance requiring two-thirds approval of all members of the Council to amend certain provisions of the ordinance in the future (Option Three); and also consider taking action to present a ballot measure to the voters to adopt a version of the current ordinance (Option Four) or an ordinance requiring two-thirds approval to amend certain provisions in the future (Option Five) with associated election details. 1. Take no action; •b 2. Affirm prior Council action by approving the First Reading of an Ordinance Affirming the Santa Ana City Council's Adoption of Ordinance No. NS-3027 Entitled An Ordinance of the City Council of the City of Santa Ana Amending Article X of Chapter 8 of the Santa Ana Municipal Code and Creating a New Article XIX in Chapter 8 of the Santa Ana Municipal Code Pertaining to the Rent Stabilization and Just Cause Eviction Ordinances ORDINANCE NO. NS-XXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AFFIRMING ADOPTION OF ORDINANCE NO. NS-3027 AMENDING ARTICLE X OF CHAPTER 8 OF THE SANTA ANA MUNICIPAL CODE AND CREATING A NEW ARTICLE XIX IN CHAPTER 8 OF THE SANTA ANA MUNICIPAL CODE PERTAINING TO THE RENT STABILIZATION AND JUST CAUSE EVICTION ORDINANCES (includes determination that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines because it will not have a direct or reasonably foreseeable indirect physical change in the environment as it is not a "project" as defined in section 15378 of the State CEQA Guidelines); x 3. Approve the First Reading of an Ordinance Amending Article X of Chapter 8 of the Santa Ana Municipal Code Pertaining to the Rent Stabilization and Just Cause Eviction Ordinances to Require Two -Thirds Approval by All of the Members of the City Council for Certain Future Amendments CITY COUNCIL 17 OCTOBER 3, 2023 ORDINANCE NO. NS-3052 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING ARTICLE XIX OF CHAPTER 8 OF THE SANTA ANA MUNICIPAL CODE PERTAINING TO THE RENT STABILIZATION AND JUST CAUSE EVICTION ORDINANCES TO REQUIRE TWO-THIRDS APPROVAL BY ALL MEMBERS OF THE CITY COUNCIL FOR CERTAIN FUTURE AMENDMENTS (includes determination that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines because it will not have a direct or reasonably foreseeable indirect physical change in the environment as it is not a "project" as defined in section 15378 of the State CEQA Guidelines); AND/OR 4. Approve a Resolution of the City Council of the City of Santa Ana Giving Notice of a General Municipal Election of November 5, 2024 for the Submission of a Ballot Measure to the Qualified Voters to Affirm the Santa Ana City Council's Adoption of a Rent Stabilization and Just Cause Eviction Ordinance and Providing for the Filing of Argument and Rebuttal Statement (This is a ballot measure for voter approval of the Option 2 version of the ordinance) RESOLUTION NO. 2023-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA GIVING NOTICE OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN THE CITY OF SANTA ANA ON NOVEMBER 5, 2024 FOR THE SUBMISSION OF A BALLOT MEASURE TO THE QUALIFIED VOTERS AFFIRMING THE SANTA ANA CITY COUNCIL'S ADOPTION OF A RENT STABILIZATION AND JUST CAUSE EVICTION ORDINANCE, REQUESTING CONSOLIDATION WITH THE STATEWIDE GENERAL ELECTION, AND PROVIDING FOR THE FILING OF ARGUMENT AND REBUTTAL STATEMENTS (includes determination that this Resolution is not subject to the California Environmental Quality Act (CEQA) pursuant to sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines because it will not have a direct or reasonably foreseeable indirect physical change in the environment as it is not a "project" as defined in section 15378 of the State CEQA Guidelines); AND/OR 5. Approve a Resolution of the City Council of the City of Santa Ana Giving Notice of a General Municipal Election of November 5, 2024 for the Submission of a Ballot Measure to the Qualified Voters to Amend the Rent Stabilization and Just Cause Eviction Ordinance to require Two -Thirds Approval by All the Members of the City Council for Certain Future Amendments and Providing for the Filing of Argument and Rebuttal Statements (This is a ballot measure for voter approval of the Option 3 version of the ordinance requiring two-thirds voter approval) RESOLUTION NO. 2023-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA GIVING NOTICE OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN THE CITY OF SANTA ANA ON NOVEMBER 5, 2024 CITY COUNCIL 18 OCTOBER 3, 2023 FOR THE SUBMISSION OF A BALLOT MEASURE TO THE QUALIFIED VOTERS AMENDING THE CITY'S RENT STABILIZATION AND JUST CAUSE EVICTION ORDINANCE TO REQUIRE TWO-THIRDS APPROVAL BY ALL OF THE MEMBERS OF THE CITY COUNCIL FOR AMENDMENT OF CERTAIN PROVISIONS OF THE ORDINANCE, REQUESTING CONSOLIDATION WITH THE STATEWIDE GENERAL ELECTION, AND PROVIDING FOR THE FILING OF ARGUMENT AND REBUTTAL STATEMENTS (includes determination that this Resolution is not subject to the California Environmental Quality Act (CEQA) pursuant to sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines because it will not have a direct or reasonably foreseeable indirect physical change in the environment as it is not a "project" as defined in section 15378 of the State CEQA Guidelines) MINUTES: City Attorney Sonia Carvalho gave a brief presentation regarding the options regarding whether to affirm the City Council adoption of the rent stabilization and just cause eviction ordinance. Councilmember Hernandez spoke in support of options 3 and 4. Councilmember Vazquez spoke in support of options 3 and 4. Councilmember Bacerra asked for clarification regarding the proposed options and requested Council take no action. Councilmember Phan spoke in support of option 3 and requested staff bring back the ballot measure listed on option 4 at the next Council meeting. Mayor Pro Tem Lopez spoke in support of option 3 and requested staff bring back the ballot measure listed on option 4 at the next Council meeting. Councilmember Penaloza asked for clarification regarding proposed option 3. City Attorney Carvalho spoke regarding the proposed ordinance in option 3. Councilmember Penaloza asked for the cost of the ballot measure and funding required. City Clerk Jennifer L. Hall stated that the cost of ballot measure is estimated to be $8, 500 per the Registrar of Voters Office (ROV) with additional allocation for translation and publication requiring a budget amendment. Mayor Amezcua asked for clarification regarding the cost of a ballot measure. City Clerk Hall spoke regarding the estimated costs for the General Election for November 2024. CITY COUNCIL 19 OCTOBER 3, 2023 MOTION: Councilmember Phan moved to approve recommended action no 3 for Item No. 16 and have staff bring back the ballot measure resolution, and election documents as listed on option 4 at the next Council meeting, seconded by Mayor Pro Tern Lopez. MINUTES: Discussion ensued regarding all of the proposed options listed on the staff report. Mayor Pro Tem Lopez stated she has not spoken to the City Manager or City Attorney regarding this agenda item. Mayor Amezcua requested that City Clerk Hall provide costs associated with the election, and stated she spoke with the City Attorney to ask for clarification regarding an Ad -Hoc Committee to address ballot measures to be placed on the General Election ballot. SUBSTITUTE MOTION: Councilmember Bacerra moved to approve recommended action No. 1 for Item No. 1, seconded by Mayor Amezcua. The substitute motion failed, 3-4, by the following roll call vote: AYES: COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ NOES: COUNCILMEMBER BACERRA, COUNCILMEMBER PENALOZA, MAYOR AMEZCUA ABSTAIN: NONE ABSENT: NONE Status: 3 — 4 - Fail MOTION: Councilmember Phan moved to approve recommended action no 3 for Item No. 16 and have staff bring back the ballot measure resolution, and election documents as listed on option 4 at the next Council meeting, seconded by Mayor Pro Tern Lopez. The motion carried, 4-3, by the following roll call vote: AYES: COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ NOES: COUNCILMEMBER BACERRA, COUNCILMEMBER PENALOZA, MAYOR AMEZCUA ABSTAIN: NONE ABSENT: NONE Status: 4 — 3 - Pass **END OF BUSINESS CALENDAR** CITY COUNCIL 20 OCTOBER 3, 2023 PUBLIC HEARINGS PUBLIC HEARING AGENDA ITEM NOs 17 and 18 WERE CONSIDERED OUT -OF - ORDER AND HEARD PRIOR TO BUSINESS CALENDAR AGENDA ITEM NO. 16. CITY MANAGER COMMENTS MINUTES: City Manager Kristien Ridge announced the following events: • National Walk to School Day — October 4, 2023 • Santa Ana Birch Park Movie Series — October 5, 2023 at 5:30 P.M. • Police Oversight Commission meeting — October 6, 2023 at 3:00 P.M. • Mid -Autumn Festival at Centennial Park — October 7, 2023 from 4:00 P.M. to 9: 00 P.M. • Public Works Agency Developing the first Street Lighting Master Plan COUNCIL COMMENTS AB1234 DISCLOSURE — If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended. 1. September 20-22, 2023 Councilmember Phan — League of California Cities Annual Conference in Sacramento, CA. 2. September 20-22, 2023 Councilmember Bacerra — League of California Cities Annual Conference in Sacramento, CA. 3. September 21-22, 2023 Councilmember Penaloza — League of California Cities Annual Conference in Sacramento, CA MINUTES: Councilmember Vazquez spoke regarding multiple events he attended, expressed excitement for the Dia de Los Muertos Event, Noches de Altares Event, and Viva La Vida Event, and invited all to attend Valley High School's Dia de Los Muertos Event on November 2, 2023. Mayor Pro Tem Lopez thanked Public Works Agency and Parks, Recreation and Community Services Agency staff for their hard work and efforts and spoke regarding the unveiling of Santiago Park and future projects. She announced office hours at Portola Park. Councilmember Penaloza - AB1234 Disclosure: The City of Santa Ana paid for his travel and expense to visit Sacramento for his swearing -in ceremony as the 2nd Vice President of the Orange County Division of the League of California Citites and spoke regarding his experience. Councilmember Hernandez thanked residents for their participation and Parks, Recreation and Community Services Agency for the unveiling of Santiago Park and their hard work CITY COUNCIL 21 OCTOBER 3, 2023 and efforts, encouraged all to attend the Mid -Autumn Festival, spoke regarding future unveilings, and closed comments in memory of Felton Shipp. Councilmember Bacerra- AB1234 Disclosure: The City of Santa Ana paid for his travel and expense to visit Sacramento for League of California Cities as voting delegate and spoke regarding his experience. He spoke regarding his attendance at several events and announced his monthly community office hours will be on Saturday, October 7, 2023 at 10:00 A.M. at George Upton All Access Park. Councilmember Phan- AB 1234 Disclosure: The City of Santa Ana paid for her travel and expense to visit Sacramento for League of California Cities and spoke regarding the ROVE groundbreaking event on September 28, 2023. She stated the Ward 1 team is collaborating with Santa Ana College on October 12, 2023 for an informational event regarding legal studies career path and wished her sister a Happy Birthday. Mayor Amezcua spoke regarding the Habitat for Humanity ribbon cutting ceremony, Santiago Park Grand Opening and thanked staff for their hard work and efforts. She announced Coffee with the Mayor at October 7, 2023 from 10:00 A.M. — 12:00 P.M. at Davis Elementary and Girls Conference at Santa Ana College on November 4, 2023. She requested to add the rental registry presentation at the next City Council meeting. ADJOURNMENT —Adjourn the City Council meeting. MINUTES: Mayor Amezcua adjourned the City Council meeting at 10:47 P.M. Respectfully submitted: Jennifer L. Hall, CIVIC City Clerk CITY COUNCIL 22 OCTOBER 3, 2023 DRAFT Minutes of the Special Meeting of the City Council City of Santa Ana, California October 9, 2023 CLOSED SESSION MEETING - 5:30 P.M. CITY COUNCIL CHAMBER 22 Civic Center Plaza Santa Ana, CA 92701 CLOSED SESSION CALL TO ORDER MINUTES: Mayor Amezcua called the Closed Session Meeting to order at 5:36 P.M. ATTENDANCE Council Members Phil Bacerra Johnathan Ryan Hernandez David Penaloza Thai Viet Phan Benjamin Vazquez Mayor Pro Tern Jessie Lopez Mayor Valerie Amezcua City Manager Kristine Ridge City Attorney Sonia R. Carvalho City Clerk Jennifer L. Hall City Council 2 10/9/2023 ROLL CALL MINUTES: City Clerk Jennifer L. Hall conducted roll call. Councilmembers Bacerra, Penaloza, Phan, Vazquez, Mayor Pro Tem Lopez, and Mayor Amezcua were present. Councilmember Hernandez joined the meeting during Closed Session. PLEDGE OF ALLEGIANCE Mayor Amezcua PUBLIC COMMENTS - Members of the public may address the City Council on Closed Session items. MINUTES: No public comments were received regarding Closed Session Agenda items. RECESS - City Council will recess to Closed Session for the purpose of conducting regular City business. MINUTES: Mayor Amezcua recessed to consider the Closed Session items at 5:38 P.M. 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: PUBLIC EMPLOYEE SEPARATION/RELEASE pursuant to Government Code §54957(b)(1) 2. CONFERENCE WITH LEGAL COUNSEL — SIGNIFICANT EXPOSURE TO LITIGATION pursuant to Government Code §54956.9(d)(2): • One (1) matter [personnel claim] RECONVENE - City Council will reconvene to continue regular City business. MINUTES: Mayor Amezcua reconvened the City Council to order at 6:26 P.M. CLOSED SESSION REPORT - Session. The City Attorney will report on any action(s) from Closed MINUTES: City Attorney Sonia Carvalho stated that the City Council took action on Closed Session Agenda Item No. 1 PUBLIC EMPLOYEE SEPARATION/RELEASE pursuant to Government Code §54957(b)(1), by a vote of 6-1 (Mayor Pro Tem Lopez voting `No) that the City Council has agreed to accept the resignation of City Manager Kristine Ridge effective October 9, 2023 and approved a severance and release agreement (Agreement No. 2023- 172). City Council 2 10/9/2023 COUNCIL COMMENTS MINUTES: None. ADJOURNMENT —Adjourn the Special City Council meeting. MINUTES: Mayor Amezcua adjourned the City Council meeting at 6:27 P.M. Respectfully submitted: Jennifer L. Hall, CMC City Clerk City Council 2 10/9/2023 DRAFT Minutes of the Closed Session and Regular Meeting of the City Council City of Santa Ana, California October 17, 2023 CLOSED SESSION MEETING - 4:30 P.M. REGULAR OPEN MEETING - 5:30 P.M. (Immediately following the Closed Session Meeting) CITY COUNCIL CHAMBER 22 Civic Center Plaza Santa Ana, CA 92701 CLOSED SESSION CALL TO ORDER MINUTES: Mayor Amezcua called the Closed Session Meeting to order at 4:35 P.M. ATTENDANCE Council Members Phil Bacerra Johnathan Ryan Hernandez David Penaloza Thai Viet Phan Benjamin Vazquez Mayor Pro Tern Jessie Lopez Mayor Valerie Amezcua Acting City Manager Steven A. Mendoza City Attorney Sonia R. Carvalho City Clerk Jennifer L. Hall City Council 1 October 17, 2023 ROLL CALL MINUTES: City Clerk Jennifer L. Hall conducted roll. Councilmembers Bacerra, Penaloza, Phan, Vazquez, and Mayor Amezcua were present. Councilmember Hernandez and Mayor Pro Tem Lopez joined the meeting during Closed Session. ADDITIONS\DELETIONS TO CLOSED SESSION MINUTES: City Clerk Jennifer L. Hall stated there were no revisions to the Closed Session Agenda. Councilmember Phan reported a recusal for Closed Session Agenda Item No. 1 as the listed entities are clients of her employer. PUBLIC COMMENTS-- Members of the public may address the City Council on Closed Session items. MINUTES: No public comments were received regarding Closed Session Agenda items. RECESS — City Council will recess to Closed Session for the purpose of conducting regular City business. MINUTES: Mayor Amezcua recessed to consider the Closed Session items at 4:36 P.M. 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: • In re Aqueous Film -Forming Foams Prods. Liability Litigation, United States District Court for the District of South Carolina, Charleston Division, Case No. MDL 2:18-mn-2873-RMG MINUTES: Councilmember Phan recused herself from Closed Session Item No. 1 and left the room at 4:48 P.M., returning at 4:59 P.M. following consideration of the item. 2. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a): Agency Negotiator: Ramon Figueroa, Acting Human Resources Executive Director Employee Organization: • Santa Ana Police Officers Association (POA) 3. PUBLIC EMPLOYEE EMPLOYMENT/APPOINTMENT pursuant to Government Code §54957 • Title: Acting City Manager/Interim City Manager/Permanent City Manager City Council 2 October 17, 2023 CLOSED SESSION REPORT — The City Attorney will report on any action(s) from Closed Session. RECONVENE — City Council will reconvene to continue regular City business. CITY COUNCIL REGULAR OPEN SESSION CALL TO ORDER MINUTES: Mayor Amezcua reconvened the Regular City Council meeting at 6:28 P.M. ATTENDANCE Council Members Mayor Pro Tern Mayor Acting City Manager City Attorney City Clerk ROLL CALL Phil Bacerra Johnathan Ryan Hernandez David Penaloza Thai Viet Phan Benjamin Vazquez Jessie Lopez Valerie Amezcua Steven A. Mendoza Sonia R. Carvalho Jennifer L. Hall MINUTES: City Clerk Jennifer L. Hall conducted roll call. All members of the City Council were present. PLEDGE OF ALLEGIANCE Police Chaplain Heather Riley WORDS OF INSPIRATION Father Greg Marquez, Immaculate Heart of Mary Catholic Church ADDITIONS\DELETIONS TO THE AGENDA MINUTES: City Clerk Jennifer L. Hall stated there were revisions to Agenda Item No. 22 to remove the reallocation of a position in the Community Development Agency. AT 6:32 P.M. AGENDA ITEM NO. 8 WAS CONSIDERED OUT OF ORDER AND HEARD PRIOR TO CEREMONIAL PRESENATIONS 8. Appoint Members to the Parks, Recreation and Community Service Commission for a Two -Year Term to Represent Residents 55 and Older Department(s): Parks, Recreation, and Community Services Recommended Action: 1. Appoint Silvia Reyes, Southwest Senior Center, to the Parks, Recreation and Community Service Commission for a two-year term expiring October 31, 2025. City Council 3 October 17, 2023 2. Appoint David Dang, Santa Ana Senior Center, to the Parks, Recreation and Community Service Commission for a two-year term expiring October 31, 2025. MOTION: Mayor Amezcua moved to approve the recommended action for Consent Calendar Agenda Item No. 8, seconded by Councilmember Hernandez. The motion carried, 7-0, by the following roll call vote: AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA NOES: NONE ABSTAIN: NONE ABSENT: NONE Status: 7-0-0-0—Pass MINUTES: City Clerk Jennifer L. Hall administered the Oaths of Offices to Silvia Reyes and David Dang. CEREMONIAL PRESENTATIONS 1. Proclamation presented by Mayor Amezcua to the City's Code Enforcement Team declaring October 9-13, 2023, as Code Enforcement Officer Appreciation Week. 2. Proclamation presented by Mayor Pro Tern Lopez to Radiant Futures declaring October 2023 as Domestic Violence Awareness Month. 3. Proclamation presented by Councilmember Bacerra declaring October 2023 as Filipino American History Month. MINUTES: Mayor Amezcua proclaimed October 9-13, 2023 as Code Enforcement Appreciation week and presented the proclamation to the Code Enforcement Team. She thanked the Code Enforcement Team for all their hard work and efforts. Planning and Building Development Director Minh Thai thanked the Mayor for the proclamation and the team for their hard work and efforts. Mayor Pro Tem Lopez proclaimed October 2023 as Domestic Violence Awareness Month and presented the proclamation to Radiant Futures. Councilmember Bacerra proclaimed October 2023 as Filipino American History Month and presented the proclamation to the Philippine Consulate General Los Angeles. CLOSED SESSION REPORT WAS CONSIDERED OUT OF ORDER AND HEARD PRIOR TO STAFF PRESENTATIONS CLOSED SESSION REPORT — Session. The City Attorney will report on any action(s) from Closed City Council 4 October 17, 2023 MINUTES: City Attorney Sonia Carvalho reported action on Closed Session Agenda Item No. 3. She announced Steven Mendoza will be Acting City Manager and a nationwide search will be conducted for a new City Manager. PUBLIC COMMENTS WERE CONSIDERED OUT OF ORDER AND WERE HEARD PRIOR TO STAFF PRESENTATIONS PUBLIC COMMENT — Public comments will be held during the beginning of the meeting for ALL comments on agenda and non -agenda items, with the exception of public hearings. Comments for public hearings will take place after the hearing is opened. MINUTES: The following speakers addressed Council in -person: 1. David Mackler spoke in opposition to Agenda Item No. 19. 2. Irma Jauregui (translation: Spanish) spoke regarding non -citizen voting and in opposition to Agenda Item No. 27. 3. Phuong Vu (translation: Vietnamese) spoke regarding non -citizen voting and in support of Agenda Item No. 27. 4. Vincent Tran spoke regarding non -citizen voting and in support of Agenda Item No. 27. 5. Lisa Nguyen spoke regarding non -citizen voting and in support of Agenda Item No. 27. 6. Maria Pina (translation: Spanish) spoke regarding non -citizen voting and in support of Agenda Item No. 27. 7. Wendy Haase spoke regarding hotel visitor tax. 8. Julia Gomez spoke regarding non -citizen voting in the City of San Francisco and in support of Agenda Item No. 27. 9. Frank Atayde spoke regarding hotel visitor tax and expressed concern regarding criminal activity and homeless encampments around the Holiday Inn. 10. Celeste Rivero spoke regarding non -citizen voting and in support of Agenda Item No. 27. 11. Alan Vandevort spoke regarding rent stabilization and in opposition to Agenda Item No. 27. 12. Debra Russell spoke regarding non -citizen voting and in support of Agenda Item No. 2 7. 13. Melissa Mier expressed concern regarding the Orange County Transportation Authority Street Car project and the negative impacts to NOVA Academy. She requested the City Council address this concern. City Council 5 October 17, 2023 14. Cecilia Andrade (translation: Spanish) expressed concern regarding the negative impacts of the OC Street Car project to NOVA Academy's campus and students. 15. Maribel Aguilar (translation: Spanish) expressed concern regarding the negative impacts of the OC Street Car project to NOVA Academy's campus and students. 16. Edaena Hernandez (translation: Spanish) expressed concern regarding the negative impacts of the OC Street Car project to NOVA Academy's campus and students. 17. Maring Calderon (translation: Spanish) expressed concern regarding the negative impacts of the OC Street Car project to NOVA Academy's campus and students. 18. Flor Flores (translation: Spanish) expressed concern regarding the negative impacts of the OC Street Car project to NOVA Academy's campus and students. 19. Anabel Pineda Medina (translation: Spanish) expressed concern regarding the negative impacts of the OC Street Car project to NOVA Academy's campus and students. 20. Tim Rush spoke in opposition to Agenda Item No. 27 and requested the Council address City issues. 21. Trinh Grant expressed concern regarding the rental registry information. 22. Teodoro Mendez (translation: Spanish) spoke regarding non -citizen voting and in support of Agenda Item No. 27. 23. Claudia Morales (translation: Spanish) spoke regarding non -citizen voting and in support of Agenda Item No. 27. 24. Victor Mendez spoke in support of the rent stabilization being placed on the ballot and expressed concern regarding the definition of non -citizen voting. 25. Jenna Narahara spoke regarding non -citizen voting in the City of San Francisco and spoke in support of Agenda Item No. 27. 26. Carlos Perea (translation: Spanish) spoke regarding non -citizen voting and in support of Agenda Item No. 27. 27. Tin Nguyen spoke regarding non -citizen voting and in support of Agenda Item No. 27. 28. Angel Sanchez (translation: Spanish) spoke regarding non -citizen voting and in support of Agenda Item No. 27. 29. Adelina Bailon (translation: Spanish) spoke regarding non -citizen voting and in support of Agenda Item No. 27. City Council 6 October 17, 2023 30. Laura Panton (translation: Spanish) spoke regarding non -citizen voting and in support of Agenda Item No. 27. 31. Silvia Avendano (translation: Spanish) spoke regarding non -citizen voting and in support of Agenda Item No. 27. 32. Ana Charco spoke regarding non -citizen voting and in support of Agenda Item No. 27. 33. Gema Suarez (translation: Spanish) spoke regarding non -citizen voting and in support of Agenda Item No. 27. 34. Jannah spoke regarding non -citizen voting and in support of Agenda Item No. 27. 35. Naja Christmas spoke regarding non -citizen voting and in support of Agenda Item No. 27. 36. Katelyn Brazer Aceves spoke regarding non -citizen voting and in support of Agenda Item No. 27. 37. Joese Hernandez thanked the City Council for approval of art funds, spoke in support of Agenda Item No. 27 and expressed concern regarding the resignation of the previous City Manager. The following speakers addressed Council via teleconference: 38. Sue Loftin spoke regarding rent stabilization and in opposition to Agenda Item No. 27. 39. Kaycee Nguyen spoke regarding non -citizen voting and in support of Agenda Item No. 27. 40. Michelle Gonzales spoke regarding rent stabilization and spoke in opposition of Agenda Item Nos. 26 and 27. 41. Aaron Saliba spoke regarding Doubletree Hotel renovations and increased security and expressed concern regarding homeless surrounding the hotel. 42. Mextli Lopez spoke in support of Agenda Item No. 27 and spoke regarding the legalities of the rental registry. City Clerk Jennifer L. Hall reported out the summary of email comments received: One (1) comment regarding Agenda Item No. 23, Two (2) comments regarding Agenda Item No. 26, Eight (8) comments regarding Agenda Item No. 27, and ten (10) non -agenda comments. STAFF PRESENTATIONS 4. Update from League of California Cities City Council 7 October 17, 2023 MINUTES: Acting City Manager Steven Mendoza stated the Update from League of California Cities presentation will be postponed for a future meeting. 5. Rental Registry Program Update MINUTES: Housing Division Manager Judson Brown gave a presentation regarding the Rental Registry Program Update. Mayor Amezcua spoke regarding residents' concerns relating to the rental registry and asked for clarification regarding the information being sent out to residents. Community Development Director Mike Garcia spoke regarding information, circulation of misinformation, and required documentation related to the rental registry. Discussion ensued regarding the ordinance requirements, associated fees, implementation, enforcement and education of the program, revenue and funding, and circulation of misinformation. Mayor Amezcua requested the presentation be agenized for the next Council meeting. CLOSED SESSION REPORT WAS CONSIDERED OUT OF ORDER AND HEARD PRIOR TO STAFF PRESENTATIONS [SEE PAGE NO. 5] PUBLIC COMMENTS WERE CONSIDERED OUT OF ORDER AND WERE HEARD PRIOR TO STAFF PRESENTATIONS [SEE PAGE NO. 5] CONSENT CALENDAR RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 6 through 26 and waive reading of all resolutions and ordinances MINUTES: At 9:19 P.M., Councilmember Bacerra pulled Agenda Item No. 9, Councilmember Penaloza pulled Agenda Item No. 26, and Mayor Pro Tem Lopez pulled Agenda Item No. 16 for separate discussion and consideration. Councilmember Hernandez announced a No vote on Agenda Item No. 25. MOTION: Councilmember Hernandez move to approve Consent Calendar Item Nos. 6 through 26 with the exception of Agenda Item Nos. 9, 16, and 26, and Agenda Item No. 8 considered earlier in the meeting, seconded by Mayor Amezcua. The motion carried, 7-0, by the following roll call vote: City Council 8 October 17, 2023 AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, COUNCILMEMBER VASQUEZ, MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA NOES: NONE ABSTAIN: NONE ABSENT: NONE Status: 7-0-0-0 — Pass 6. Excused Absences Department(s): City Clerk's Office Recommended Action: Excuse the absent members. 7. Minutes from the Special Closed Session and Regular Meeting of January 17, 2023 Department(s): City Clerk's Office Recommended Action: Approve minutes. 9. Santa Ana Multidisciplinary Response Team (SMART) Program 2023 Progress Report Department(s): Community Development Agency Recommended Action: Receive and file SMART Program 2023 Progress Report. MINUTES: Councilmember Bacerra requested CityNet be present to accept services for individuals being released from the jail. Homeless Services Division Manager Kenneth Gominsky spoke regarding the release of inmates and stated placing a CityNet individual outside the jail would be difficult, and spoke regarding his audit experience with CityNet services and a potential operation partnership with Project Kinship. Mayor Pro Tem Lopez asked for clarification related to the numbers for permanent housing and detox and mental health beds. Homeless Services Division Manager Gominsky spoke regarding permanent housing and availability of beds. Mayor Amezcua asked for clarification regarding the number of social workers. Homeless Services Division Manager Gominsky spoke regarding the number of social workers and hours of services, and new laws and impacts related to mental health. Discussion ensued regarding increased service hours from CityNet, collected data for calls for service, and associated costs and fees. City Council 9 October 17, 2023 MOTION: Councilmember Hernandez moved to approve the recommended action for Consent Calendar Agenda Item No. 9, seconded by Councilmember Bacerra. The motion carried, 7-0, by the following roll call vote: AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA NOES: NONE ABSTAIN: NONE ABSENT: NONE Status: 7-0-0— 0 — Pass 10. Authorize Issuance of the Fiscal Year 2023-24 Request for Proposals for Affordable Homeownership Opportunities; Approve an Update to the Down Payment Assistance Program Guidelines; Allocate Additional Funds to Down Payment Assistance Department(s): Community Development Agency Recommended Action: 1. Authorize the City Manager to issue a Fiscal Year 2023-24 Request for Proposals for Affordable Homeownership Opportunities to solicit proposals for affordable ownership project(s) in the City of Santa Ana with funding from the HOME Investment Partnerships (HOME) Program. 2. Authorize the City Manager to update the City's Down Payment Assistance Program to include City's high school loan forgiveness incentive and increase the maximum debt -to -income ratios. 3. Approve an Appropriation Adjustment to recognize $762,979.40 in CalHome Program Re -use Funds and $1,527,020.60 in Inclusionary Housing Funds and appropriate these additional funds to the Down Payment Assistance Program. (Requires five affirmative votes) 11. Award a Blanket Order Contract to Brodart Company for Library Cataloging and Purchase of Collections and Materials for the Santa Ana Public Library in an Annual Amount not to Exceed $590,000 (General Fund) Department(s): Library Recommended Action: Award a blanket order contract to Brodart Company for cataloging and purchase of collections and materials for the Santa Ana Public Library, in an annual amount not to exceed $590,000, for a three-year term beginning November 1, 2023 through October 31, 2026, with options for two one-year renewals, subject to non -substantive changes approved by the City Manager and City Attorney. City Council 10 October 17, 2023 12. Approve an agreement with Overdrive, Inc. for digital content hosting and distribution in an amount not to exceed $405,000 and an appropriation adjustment in the amount of $16,639 (General Fund) Department(s): Library Recommended Action: 1. Authorize the City Manager to execute an agreement with Overdrive, Inc. to provide hosting services and digital content in an amount not to exceed $405,000 for a term beginning November 1, 2023 and expiring June 30, 2026, with provision for two, 1- year renewal options, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-173). 2. Approve an appropriation adjustment to recognize $16,639 in California State Library California Library Services Act funds in the miscellaneous income revenue account and appropriate the same amount into the Library Tech & Support Services, Computer Software Subscriptions expenditure account. (Requires five affirmative votes) 13. Approve an Agreement with The Library Corporation (TLC) for a Library Automation System and Hosting Services in an Amount not to Exceed $179,439 (General Fund) Department(s): Library Recommended Action: Authorize the City Manager to execute an agreement with The Library Corporation to provide a library automation system and hosting services in an amount not to exceed $179,439 for a term beginning November 1, 2023 and expiring June 30, 2026, with provision for two, 1-year renewal options, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-174). 14. Approve an agreement with United States Geological Survey at the Santa Ana Zoo Department(s): Parks, Recreation, and Community Services Recommended Action: Authorize the City Manager to execute an agreement with the United States Geological Survey Western Ecological Resource Center, to provide conservation programs for a five-year period, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-175). 15. Award Purchase Order for Jones Forest Products, LLC for Two Holiday Trees for the Winter Village and Downtown Santa Ana (Specification No.23-163) (General Fund) Department(s): Parks, Recreation, and Community Services Recommended Action: Authorize a one-time purchase and payment of Purchase Order to Jones Forest Products, LLC for the procurement, installation, decoration, and removal of two holiday trees for Winter Village and Downtown Santa Ana in the amount of $59,500, plus a contingency of $5,950, for a total amount not to exceed $65,450, subject to non -substantive changes approved by the City Manager and City Attorney. City Council 11 October 17, 2023 16. Agreement with Moore, lacofano, Goltsman, Inc. (MIG) for the Comprehensive Zoning Code Update in an Amount not to Exceed $1,574,515 (Specification No. 23-010) (General Fund and Non -General Fund) Department(s): Planning and Building Agency Recommended Action: Authorize the City Manager to make all conforming edits and execute a Professional Service Agreement with Moore, lacofano, Goltsman, Inc. (MIG) for the Comprehensive Zoning Code Update in an amount not to exceed $1,574,515, which includes a contingency amount of $50,000 and optional tasks totaling $95,700, for a two-year term beginning on October 17, 2023, and expiring on October 31, 2025, with provisions for one two-year extension, subject to non- substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-176). MINUTES: Mayor Pro Tem Lopez requested additional bullets be added to the agreement reflecting a prohibition of new gas stations. Acting City Manager Steven Mendoza spoke regarding the extensive outreach component to the agreement. MOTION: Councilmember Bacerra moved to approve the recommended action for Consent Calendar Item No. 16, seconded by Mayor Amezcua. The motion carried, 7-0, by the following roll call vote: AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA NOES: NONE ABSTAIN: NONE ABSENT: NONE Status: 7-0-0-0—Pass 17. Approve a Cooperative Agreement with Orange County Transportation Authority for the Countywide Signal Synchronization Baseline Project, for a Term Effective Until December 31, 2028 (Non -General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute a Cooperative Agreement with Orange County Transportation Authority identifying the City's role and responsibilities to implement the countywide signal synchronization baseline project, effective upon full approval of the agreement by all parties through December 31, 2028, with the option to be extended, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-177). City Council 12 October 17, 2023 18. Approve Appropriation Adjustments and Award a Construction Contract to C.S. Legacy Construction, Inc. in the Amount of $1,598,202 for the King Street Urban Greening Project with an Estimated Construction Delivery Cost of $1,918,240 (Project No. 23-6625) (Non -General Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an appropriation adjustment to recognize $275,000 of prior year fund balance in the Federal Clean Water Protection fund, Prior -Year Carryforward revenue account (No. 05717002-50001) and appropriate the same amount into the Federal Clean Water Protection Enterprise, Improvements Other Than Building expenditure account. (Requires five affirmative votes) 2. Approve an appropriation adjustment to recognize $300,000 of prior -year fund balance in the Residential Development District 1, Park Acquisition & Development Fees, Prior Year Carryforward revenue account (No. 31113002-50001) and appropriate the same amount into the Residential Development District 1, Improvements Other Than Building expenditure account. (Requires five affirmative votes) 3. Approve an amendment to the Fiscal Year 2023-24 Capital Improvement Program to add $275,000 of Federal Clean Water Protection Enterprise funding and $300,000 of Residential Development District 1, Park Acquisition & Development funding for the King Street Urban Greening Project (23-6625). 4. Award a construction contract to C.S. Legacy Construction, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $1,598,202, subject to change orders (not to exceed 25 percent of the base bid amount) in accordance with the Greenbook: Standard Specifications for Public Works Construction, for construction of the King Street Urban Greening Project, for the term beginning October 17, 2023 and ending upon project completion, and authorize the City Manager to execute the contract subject to non -substantive changes approved by the City Manager and the City Attorney. 5. Approve the Project Cost Analysis for a total estimated construction delivery cost of $1,918,240, which includes $1,598,202 for the construction contract, $159,820 for contract administration, inspection, and testing, and a $160,218 project contingency for unanticipated or unforeseen work. 6. Determine that the recommended actions are exempt from further review in accordance with the California Environmental Quality Act ("CEQA") as Categorical Exemption Environmental Review No. ER-2023-73 was filed for this project. 19. Award a Construction Contract to All American Asphalt in the Amount of $1,899,983 for the 17th Street Rehabilitation, with an Estimated Project Delivery Cost of $2,374,980 (Project No. 21-6979 & 21-6980) (Non -General Fund) Department(s): Public Works Agency City Council 13 October 17, 2023 Recommended Action: 1. Authorize budget reallocation of $671,980 in unspent Roadway Maintenance and Rehabilitation Account (SB-1) funds from the Fairview Rehabilitation from South City Limits to Segerstrom Avenue Improvement (No. 21-6978) Project to complete the project funding requirement as follows: $335,990 to be allocated to 17th Street Rehabilitation, Bristol to Flower (No.21-6979) Project and $335,990 to be allocated to 17th Street Rehabilitation, Fairview to Bristol (No. 21-6980) Project. 2. Award a construction contract to All American Asphalt, the lowest responsible bidder, in accordance with the base bid in the amount of $1,899,983, subject to change orders (not to exceed 25 percent of the base bid amount) in accordance with the Greenbook: Standard Specifications for Public Works Construction, for construction of the 17th Street Rehabilitation Project, for a term beginning October 17, 2023, and ending upon project completion, and authorize the City Manager to execute the contract subject to non -substantive changes approved by the City Manager and the City Attorney. 3. Approve the Project Cost Analysis for a total estimated construction delivery cost of $2,374,980, which includes $1,899,676 for the construction contract, $284,998 for contract administration, inspection, and testing, and a $189,999 project contingency for unanticipated or unforeseen work. 4. Approve an amendment to the FY 2023-24 Capital Improvement Program to include $671,980 in construction funds for the 17th Street Rehabilitation Project (Project No. 21-6979, 21-6980). 5. Determine that the recommended actions are exempt from further review in accordance with the California Environmental Quality Act ("CEQA") as Categorical Exemption Environmental Review No. ER-2021-48 was filed for this project. 20. Amend the Agreement with Service First Fountains to Increase the Contract Amount Annually by $50,000 and Extend the Term by Two Years for Fountain Maintenance and Repair Services (General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute a first amendment to the agreement with Service First Fountains to provide scheduled fountain maintenance and repair services, increasing the annual amount by $50,000 for a new annual amount not to exceed $167,000 and extend the term by two years until December 31, 2025, subject to non -substantive changes approved by the City Manager and the City Attorney (Agreement No. 2023-178). City Council 14 October 17, 2023 21. Approve an Appropriation Adjustment and Award Site License and Lease Agreements to Pacific Coast Shuttles, LLC, DBA Futura Bus Net, Inc., for Bus Passenger Services at the Santa Ana Regional Transportation Center Department(s): Public Works Agency Recommended Action: 1. Authorize the City Manager to execute a site license agreement with Pacific Coast Shuttles, LLC, DBA Futura Bus Net, Inc. to compensate the City $2,500 per month for the rental of one bus bay for bus passenger services at the Santa Ana Regional Transportation Center, for a six-month term beginning November 1, 2023, and ending April 30, 2024, with the option of four consecutive, one-year renewal periods exercisable by the City Manager, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-179). 2. Authorize the City Manager to execute a site lease agreement with Pacific Coast Shuttles, LLC, DBA Futura Bus Net, Inc. to compensate the City $1,500 per month for ticket counter office space for bus passenger services at the Santa Ana Regional Transportation Center, for a six-month term beginning November 1, 2023, and ending April 30, 2024, with the option of four consecutive, one-year renewal periods exercisable by the City Manager, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-180). 3. Approve an appropriation adjustment recognizing Fiscal Year 2023-24 lease income in the amount of $24,000 into the Public Works Agency — Santa Ana Regional Transportation Center Operations, Rental Pacific Coast Shuttle revenue account and appropriating the same amount to the Public Works Agency- Santa Ana Regional Transportation Center Operations, Contract Services -Professional expenditure account. (Requires five affirmative votes) 22. Adopt a Resolution to Add Positions in the City Attorney's Office and the Public Works Agency. (Revised 10/16/2023) Department(s): Finance and Management Services Recommended Action: Adopt a resolution that amends the Fiscal Year 2023-24 Annual Budget to add one (1) position in the City Attorney's Office and two (2) positions in the Public Works Agency, which increases the total authorized headcount from 1,395 to 1,398. RESOLUTION NO. 2023-067 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO AMEND THE CURRENT FISCAL YEAR 2023-2024 ANNUAL BUDGET TO ADD FULL-TIME POSITIONS IN THE CITY ATTORNEY'S OFFICE AND PUBLIC WORKS AGENCY 23. Density Bonus Agreement No. 2023-01 to facilitate the construction of a rental residential development consisting of fifteen apartment units, with one unit proposed as affordable to very low-income households. Department(s): Planning and Building Agency City Council 15 October 17, 2023 Recommended Action: 1. Adopt a resolution approving Density Bonus Agreement No. 2023-01 as conditioned. RESOLUTION NO. 2023-068 entitled A RESOLUTION OF THE CITY COUNCIL OF SANTA ANA APPROVING THE DENSITY BONUS AGREEMENT NO. 2023-01 AS CONDITIONED FOR A NEW RENTAL RESIDENTIAL DEVELOPMENT WITH FIFTEEN UNITS FOR THE PROPERTY LOCATED AT 1212 E. FOURTH STREET (APN: 398-385-02) 2. Authorize the City Manager to execute a Density Bonus Agreement with Unison Real Estate Group, LLC, for a 55-year term, for a rental residential development consisting of fifteen apartment units, with one unit proposed as affordable to very low- income households, at 1212 E. Fourth Street, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-181). 24. Adopt a Resolution and Approve Appropriation Adjustment and Agreement Accepting Fiscal Year 2022 Urban Areas Security Initiative Grant Program Funds (Non -General Fund) Department(s): Police Department Recommended Action: 1. Adopt a resolution authorizing the City Manager and the Chief of Police, or their designee(s), to enter into an agreement with the City of Anaheim for the FY 2022 Urban Areas Security Initiative Grant Program. RESOLUTION NO. 2023-069 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE CITY MANAGER AND THE CHIEF OF POLICE OR THEIR DESIGNEE(S) TO ENTER INTO AN AGREEMENT WITH THE CITY OF ANAHEIM FOR THE FY2022 URBAN AREA SECURITY INITIATIVE FUNDING PROGRAM 2. Approve an Appropriation Adjustment recognizing $1,822,800 in grant revenue from the FY 2022 Urban Area Security Initiative funding program revenue account and appropriate same to the FY 2022 Urban Area Security Initiative Program Grant expenditures accounts. (Requires five affirmative votes) 3. Authorize the City Manager and the Chief of Police to execute an agreement with the City of Anaheim accepting the FY 2022 Urban Areas Security Initiative Grant Program in the amount of $1,822,800 for the period of August 9, 2023 through March 31, 2025, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-132). 25. Second Reading of Ordinance Adding Article XV, Sections 36-706 through 36-710, Entitled "Street Racing and Reckless Driving Exhibitions Prohibited" to the Santa Ana Municipal Code First reading at the October 3, 2023 City Council meeting and approved by a vote of 6-1 (Hernandez dissenting). Published in the Orange County Reporter on October 9, 2023. City Council 16 October 17, 2023 Department(s): City Attorney Office Recommended Action: Conduct a second reading and adopt ordinance adding Article XV, Sections 36-706 through 36-710, Entitled "Street Racing and Reckless Driving Exhibitions Prohibited" to the Santa Ana Municipal Code. ORDINANCE NO. NS-3051 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADDING A NEW ARTICLE XV TO CHAPTER 36 OF THE SANTA ANA MUNICIPAL CODE TO PROHIBIT SPECTATORS AT A STREET RACE OR RECKLESS DRIVING EXHIBITION (includes determination that this ordinance is not subject to the California Environmental Quality Act under California Code of Regulations, Title 14, Section 15060, subdivision (c)(2), because the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment nor under subdivision (c)(3) because the activity has no potential for resulting in physical change to the environment, directly or indirectly and so is not a project) MINUTES: Councilmember Hernandez announced a No vote on Agenda Item No. 25. MOTION: Councilmember Hernandez move to approve the recommended action for Item No. 25 as part of the Consent Calendar, seconded by Mayor Amezcua. The motion carried, 6-1, by the following roll call vote: AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA NOES: COUNCILMEMBER HERNANDEZ ABSTAIN: NONE ABSENT: NONE Status: 6-1 — Pass 26. Second Reading of Ordinance Amending Article XIX of Chapter 8 of the Santa Ana Municipal Code to Require Two -Thirds Approval by all Members of the City Council for Certain Future Amendments First reading at the October 3, 2023 City Council meeting and approved by a vote of 4-3 (Bacerra, Penaloza, and Amezcua dissenting). Published in the Orange County Reporter on October 9, 2023. Department(s): City Attorney Office Recommended Action: Conduct a second reading and adopt ordinance amending Article XIX of Chapter 8 of the Santa Ana Municipal Code to Require Two -Thirds Approval by all Members of the City Council for Certain Future Amendments. City Council 17 October 17, 2023 ORDINANCE NO. NS-3052 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING ARTICLE XIX OF CHAPTER 8 OF THE SANTA ANA MUNICIPAL CODE PERTAINING TO THE RENT STABILIZATION AND JUST CAUSE EVICTION ORDINANCES TO REQUIRE TWO-THIRDS APPROVAL BY ALL MEMBERS OF THE CITY COUNCIL FOR CERTAIN FUTURE AMENDMENTS (includes determination that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines because it will not have a direct or reasonably foreseeable indirect physical change in the environment as it is not a "project" as defined in section 15378 of the State CEQA Guidelines) read by title only and waive further reading. MINUTES: Councilmember Penaloza spoke in opposition to the item. MOTION: Councilmember Phan moved to approve the recommended action for Consent Calendar Item No. 26, seconded by Councilmember Hernandez. The motion carried, 4-3, by the following roll call vote: AYES: COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ COUNCILMEMBER BACERRA, COUNCILMEMBER NOES: PENALOZA, MAYOR AMEZCUA ABSTAIN: NONE ABSENT: NONE Status: 4 - 3 — Pass **END OF CONSENT CALENDAR** BUSINESS CALENDAR MINUTES: At 9:38 P.M., the Business Calendar was considered. 27. Consider Whether to Adopt Resolutions Calling a General Municipal Election for November 5, 2024, Requesting Consolidation with the Statewide General Election, and Placing Ballot Measures Before the Voters Asking Whether to 1) Adopt a Rent Stabilization and Just Cause Eviction Ordinance and 2) Whether to Permit Noncitizen Voting in Municipal Elections Department(s): City Attorney Office Recommended Action: Consider the following options: 1. Take no action; •v City Council 18 October 17, 2023 2. Adopt a resolution calling and giving notice of a General Municipal Election to be held in the City of Santa Ana on November 5, 2024 for the submission of a ballot measure to the qualified voters proposing a Rent Stabilization and Just Cause Eviction Ordinance and requesting the Orange County Board of Supervisors to consolidate this election with the Statewide General Election. RESOLUTION NO. 2023-070 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CALLING AND GIVING NOTICE OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN THE CITY OF SANTA ANA ON NOVEMBER 5, 2024 FOR THE SUBMISSION OF A BALLOT MEASURE TO THE QUALIFIED VOTERS PROPOSING A RENT STABILIZATION AN JUST CAUSE EVICTION ORDINANCE AND REQUESTING THE ORANGE COUNTY BOARD OF SUPERVISORS TO CONSOLIDATE THIS ELECTION WITH THE STATEWIDE GENERAL ELECTION (includes determination that this Resolution is not subject to the California Environmental Quality Act (CEQA) pursuant to sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, as there is no possibility it will have a significant effect on the environment and it is not a "project," as defined in section 15378 of the State CEQA Guidelines. Furthermore, the Resolution falls within the "common sense" CEQA exemption set forth in CEQA Guidelines section 15061(b)(3), excluding projects where "it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment."); AND/OR 3. Adopt a resolution calling and giving notice of a General Municipal Election to be held in the City of Santa Ana on November 5, 2024 for the Submission of a ballot measure to the qualified voters asking if the City of Santa Ana should permit noncitizen voting in City municipal elections at which municipal officers are elected and requesting the Orange County Board of Supervisors to consolidate this election with the Statewide General Election. RESOLUTION NO. 2023-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CALLING AND GIVING NOTICE OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN THE CITY OF SANTA ANA ON NOVEMBER 5, 2024 FOR THE SUBMISSION OF A BALLOT MEASURE TO THE QUALIFIED VOTERS ASKING IF THE CITY OF SANTA ANA SHOULD PERMIT NONCITIZEN VOTING IN CITY MUNICIPAL ELECTIONS AT WHICH MUNICIPAL OFFICERS ARE ELECTED AND REQUESTING THE ORANGE COUNTY BOARD OF SUPERVISORS TO CONSOLIDATE THIS ELECTION WITH THE STATEWIDE GENERAL ELECTION (includes determination that this Resolution is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, as there is no possibility it will have a significant effect on the environment and it is not a "project," as defined in Section 15378 of the State CEQA Guidelines. Furthermore, the Resolution falls within the "common sense" CEQA exemption set forth in CEQA Guidelines City Council 19 October 17, 2023 Section 15061(b)(3), excluding projects where "it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.") MINUTES: City Attorney Sonia Carvalho presented the staff report. Councilmember Penaloza expressed concern regarding the proposed resolution regarding rent stabilization (option 2) and the unanswered questions. Councilmember Phan spoke in support of option 2. Councilmember Vazquez spoke in support of option 2. Councilmember Hernandez spoke regarding rent stabilization and in support of option 2. Councilmember Bacerra expressed concern regarding political grandstanding and spoke in opposition of rent stabilization (option 2). Mayor Pro Tem Lopez spoke regarding voter opportunities and in support of option 2. Mayor Amezcua expressed concern regarding who will run the election if the ordinance passes and political grandstanding, and spoke in opposition of option 2. Discussion ensued regarding the next steps after the approval of the resolution. MOTION: Councilmember Phan moved to approve recommended action no. 2, seconded by Councilmember Hernandez. The motion carried, 4-3, by the following roll call vote: AYES: COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ NOES: COUNCILMEMBER BACERRA, COUNCILMEMBER PENALOZA, MAYOR AMEZCUA ABSTAIN: NONE ABSENT: NONE Status: 4 - 3 — Pass MINUTES: Councilmember Phan spoke in support of Option 3, requested revisions to the ballot measure to incorporate residency requirements, recitals, and charter amendment language, and have the item be brought back at the first meeting in November. Councilmember Hernandez spoke regarding non -citizen voting and clarified what can be voted on, and in support of the requested revisions. City Council 20 October 17, 2023 Councilmember Vazquez requested additional language "shall be allowed to vote," and in support of the requested revisions. Councilmember Bacerra expressed concern regarding the unknowns and impacts surrounding the ballot measure related to non -citizen voting and in opposition to the item. Discussion ensued regarding the proposed revised language, non -citizen voting and implementation by 2028. Mayor Pro Tem Lopez spoke in support of the item and the proposed revisions. Councilmember Penaloza suggested this item be further discussed, expressed concern regarding unknown answers and impacts related to non -citizen voting, and spoke in opposition to the item. Mayor Pro Tem Lopez asked for clarification regarding an advisory question. City Attorney Carvalho explained the purpose of an advisory question and a change in the charter. Mayor Amezcua expressed concern regarding the unknowns of allowing non -citizen voting, spoke regarding having community outreach, and in opposition to this item. MOTION: Councilmember Phan moved to return the resolution at the November 7, 2023 City Council meeting with a ballot measure that incorporates the additional recitals into the resolution as to who, why, revise the ballot measure and incorporate the fact that a charter amendment would be necessary to permit the non -citizen voters to participate in the election, specific the residency requirement of 30 days language, and incorporate the measure applies to all municipal elections by the 2028 election, seconded by Councilmember Hernandez. The motion carried, 4-3, by the following roll call vote: AYES: COUNCILMEMBER HERNANDEZ, PHAN, COUNCILMEMBER VAZQUEZ, LOPEZ NOES: COUNCILMEMBER BACERRA, PENALOZA, MAYOR AMEZCUA ABSTAIN: NONE ABSENT: NONE Status: 4 - 3 — Pass **END OF BUSINESS CALENDAR** COUNCILMEMBER MAYOR PRO TEM COUNCILMEMBER City Council 21 October 17, 2023 PUBLIC HEARINGS PUBLIC COMMENTS-- Members of the public may address the City Council on each of the Public Hearing items. 28. Public Hearing to Adopt a Resolution to Amend the Miscellaneous Fees Schedule for the Fiscal Year 2023-2024 to Reduce the Planning and Building Agency Review Fee for Accessory Dwelling Unit Applications and to Create a New Review Fee for Accessory Dwelling Unit Applications Utilizing Pre -Approved Plans Legal notice published in the Orange County Reporter on October 4 and October 11, 2023. Department(s): Planning and Building Agency Recommended Action: Adopt a resolution amending the Fiscal Year 2023-2024 Miscellaneous Fees Schedule to reduce the Planning and Building Agency accessory dwelling unit review fee from $2,609 to $1,701 and to establish a new review fee of $460 for accessory dwelling unit applications utilizing pre -approved plans. RESOLUTION NO. 2023-071 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REDUCING THE FEE FOR ACCESSORY DWELLING UNIT APPLICATION REVIEW FROM TWO THOUSAND SIX HUNDRED NINE DOLLARS ($2,609) TO ONE THOUSAND SEVEN HUNDRED ONE DOLLARS($1,701) AND ESTABLISHING THE FEE FOR PRE -APPROVED ACCESSORY DWELLING UNIT APPLICATION REVIEW AT FOUR HUNDRED SIXTY DOLLARS ($460) MINUTES: Mayor Amezcua opened the Public Hearing at 10:41 P.M. There being no speakers, Mayor Amezcua closed the Public Hearing at 10:42 P.M. Mayor Amezcua spoke in support of the item. Councilmember Hernandez spoke in support of the item. Councilmember Bacerra spoke in support of the item. Councilmember Vazquez spoke in support of the item. MOTION: Councilmember Hernandez moved to approve Item No. 28 to adopt a resolution amending the Fiscal Year 2023-2024 Miscellaneous Fees Schedule to reduce the Planning and Building Agency accessory dwelling unit review fee from $2,609 to $1,701 and to establish a new review fee of $460 for accessory dwelling unit applications utilizing pre -approved plans, seconded by Councilmember Bacerra. The motion carried, 7-0, by the following roll call vote: City Council 22 October 17, 2023 AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA NOES: NONE ABSTAIN: NONE ABSENT: NONE Status: 7 - 0 - Pass CITY MANAGER COMMENTS MINUTES: Assistant City Manager Steven Mendoza announced event at Memorial Pool on Saturday, October 21, 2023 from 12:00 P.M. - 3:00 P.M. 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 spoke regarding Taste of Santa Ana, thanked staff for their hard work and efforts, and spoke regarding the grand opening of Ed Caruthers Park. Councilmember Hernandez thanked staff and his colleagues for their hard work and efforts, and spoke regarding the grand opening of Ed Caruthers Park and AB 436. Councilmember Phan thanked the Parks, Recreation, and Community Services Department for their hard work on the Mid -Autumn Festival at Centennial Park and the sponsors, thanked Santa Ana College for their partnership with the Ward 1 Team related to an event for becoming a lawyer, announced her attendance and her experience at OC Water Summit event, and thanked Acting City Manager Steven Mendoza for stepping up. Councilmember Bacerra thanked all residents and the community for coming out, spoke regarding the grand opening of Ed Caruthers Park, announced Coffee with the Mayor on October 28, 2023 in Ward 4 and community office hours on November 4, 2023, spoke regarding the Police Officers Association, and thanked Acting City Manager Steven Mendoza for stepping up. Councilmember Penaloza thanked Acting City Manager Steven Mendoza for stepping up, announced community event on October 21, 2023 at Memorial Park and on October 18, 2023 community workshop meeting at Washington Elementary at 6:00 P.M. to go over plans for Memorial Park, and stated the mural will be preserved at Memorial Pool. Mayor Amezcua spoke regarding Memorial Pool and Taste of Santa Ana, announced the Girls Inc. Conference at Santa Ana College on November 4, 2023 at 8:00 A.M. - 2:00 P.M. and Interfaith Meeting on October 11, 2023, spoke regarding the grand opening of Ed Caruthers Park, the clock tower on Flower St. having the wrong time, addressing issues at NOVA Academy and hotels, and wished everyone a safe Halloween. City Council 23 October 17, 2023 ADJOURNMENT — Adjourn the City Council meeting. MINUTES: Mayor Amezcua adjourned the City Council meeting at 11:08 P.M. Respectfully submitted: Jennifer L. Hall, CMC City Clerk City Council 24 October 17, 2023 DRAT Minutes of the Special Meeting of the City Council City of Santa Ana, California October 30, 2023 SPECIAL CLOSED SESSION MEETING AND SPECIAL OPEN MEETING - 5:30 P.M. (Immediately following the Closed Session Meeting) CITY COUNCIL CHAMBER 22 Civic Center Plaza Santa Ana, CA 92701 CLOSED SESSION CALL TO ORDER MINUTES: Mayor Amezcua called the Special Closed Session meeting to order at 5:40 P.M. ATTENDANCE Council Members Mayor Pro Tern Mayor Acting City Manager City Attorney City Clerk Phil Bacerra Johnathan Ryan Hernandez David Penaloza Thai Viet Phan Benjamin Vazquez Jessie Lopez Valerie Amezcua Steven A. Mendoza Sonia R. Carvalho Jennifer L. Hall City Council 1 10/30/2023 ROLL CALL MINUTES: City Clerk Jennifer L. Hall conducted roll call. Councilmembers Bacerra, Hernandez, Phan and Vazquez, and Mayor Amezcua were present. Councilmember Penaloza arrived during Closed Session. Mayor Pro Tem Lopez was absent. PLEDGE OF ALLEGIANCE Mayor Amezcua PUBLIC COMMENTS-- Members of the public may address the City Council on ALL Special Meeting Agenda items at this time ONLY. MINUTES: Mayor Amezcua announced speakers would have a total of one minute to address the City Council. The following speakers addressed the City Council in -person: 1. David Ball spoke in support of the continuance of the recall. 2. Yelena Ball spoke in support of the continuance of the recall. 3. Rory Kirk spoke in support of the continuance of the recall. 4. Sandra Medina read a letter from Basil Kimbrew in support of the recall. 5. Vianey Rojos (translation: Spanish) spoke in support of the continuance of the recall and expressed concern regarding her neighborhood's security and homeless issue. 6. Dale Helvig spoke in support of the continuance of the recall. 7. Desi Reyes spoke in opposition to the recall. 8. Vanessa Davalos (translation: Spanish) spoke in support of the continuance of the recall. 9. Hairo Cortes expressed concern regarding the certification of results related to the recall and spoke in opposition for the recall. 10. Alicia Rojas expressed concern regarding the certification of results related to the recall and spoke in opposition to the recall. 11. Carl Benninger spoke in support of continuing the recall. 12. Tanya Navarro expressed concern regarding the certification of results related to the recall and spoke in opposition to the recall. City Council 2 10/30/2023 13. Gaston Castellanos spoke in opposition to the recall. 14. Karla Navarro expressed concern regarding the certification of results related to the recall and spoke in opposition for the recall. 15. Jeffrey Cardenas spoke in opposition to the recall. 16. Vanessa Cerda spoke in opposition to the recall. 17. Sandra De Anda spoke in opposition to the recall. 18. Jose Marrufo spoke in opposition to the recall. 19. Laura Gomez (translation: Spanish) spoke in opposition to the recall. 20. Abel Alfaro (translation: Spanish) spoke in opposition to the recall. 21. Roberto Mejia (translation: Spanish) spoke in opposition for the recall. 22. Juanita Munoz (translation: Spanish) spoke in opposition to the recall. 23. Leslie Mejia spoke in opposition for the recall. 24. Les Hall spoke regarding the validity of the recall and in opposition to the recall. 25. Kristy Matias/Juan Carlos Rodriguez (translation: Spanish) spoke in opposition to the recall. 26. Veronica Garcia spoke in support of Mayor Pro Tem Lopez and in opposition to the recall. 27. Carlos Perea expressed concern regarding the validity of the recall and spoke in opposition to the recall. 28. Rocio Guzman (translation: Spanish) spoke in support of Mayor Pro Tem Lopez and in opposition to the recall. 29. Kelly Kraus -Lee spoke regarding the cost related to the recall and spoke in opposition to the recall. 30. Ben Salazar spoke in support of Mayor Pro Tem Lopez, spoke regarding the validity of recall, and in opposition to the recall. 31. Guadalupe Ocampo (translation: Spanish) spoke in opposition to the recall. 32. Jannah spoke in opposition to the recall. City Council 3 10/30/2023 33. Debra Russell stated the recall is a waste of taxpayer money and spoke in opposition to the recall. 34. Claudia Morales (translation: Spanish) spoke in support of Mayor Pro Tem Lopez and spoke in opposition to the recall. 35. Jose Luis Rodriguez (translation: Spanish) spoke in opposition to the recall. The following speakers addressed the City Council via teleconference: 36. Victor Payan, Media Arts Santa Ana spoke in opposition to the recall. 37. Pocha Pena Sarmiento expressed concern regarding the validity of the recall and spoke in opposition to the recall. 38. Isuri Ramos spoke in opposition to the recall. 39. Mark Lopez spoke regarding Mayor Pro Tem Lopez's campaign contributions. 40. Patricia Boe spoke in opposition to the recall. 41. Yadira Torres spoke in opposition to the recall. 42. Mia Verdin spoke in opposition to the recall 43. Ray Diaz spoke in opposition to the recall. 44. Marybel spoke in opposition to the recall. RECESS — City Council will recess to Closed Session for the purpose of conducting regular City business. MINUTES: Mayor Amezcua recessed to consider the Special Closed Session items at 6:33 P.M. 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 — SIGNIFICANT EXPOSURE TO LITIGATION pursuant to Government Code Section 54956.9(d)(2): • One (1) matter 2. CONFERENCE WITH LEGAL COUNSEL — INITIATION OF LITIGATION pursuant to Paragraph (4) of subdivision (d) of Section 54956.9 of the Government Code: • One (1) case City Council 4 10/30/2023 CLOSED SESSION REPORT — The City Attorney will report on any action(s) from Closed Session. RECONVENE — City Council will reconvene to continue regular City business. CITY COUNCIL SPECIAL OPEN SESSION CALL TO ORDER MINUTES: Mayor Amezcua called the Special Open Session City Council meeting to order at 8:18 P.M. ATTENDANCE Council Members Mayor Pro Tern Mayor Acting City Manager City Attorney City Clerk Pt11 I rAl I Phil Bacerra Johnathan Ryan Hernandez David Penaloza Thai Viet Phan Benjamin Vazquez Jessie Lopez Valerie Amezcua Steven A. Mendoza Sonia R. Carvalho Jennifer L. Hall MINUTES: City Clerk Jennifer L. Hall conducted roll call. Councilmembers Bacerra, Hernandez, Penaloza, Phan and Vazquez, and Mayor Amezcua were present. Mayor Pro Tem Lopez was absent. ADDITIONS/DELETIONS TO THE AGENDA MINUTES: None. CLOSED SESSION REPORT MINUTES: City Attorney Sonia Carvalho stated there was no reportable action. BUSINESS CALENDAR MINUTES: At 8:18 P.M. the Business Calendar was considered. City Council 5 10/30/2023 3. Review and Discuss the Letter Received from Orange County Registrar of Voters Bob Page Dated October 26, 2023 Pertaining to the November 14, 2023 Special Recall Election for Santa Ana Ward 3; Take Potential Action Concerning the Election by Motion(s) or Resolution(s) Department(s): City Attorney's Office and City Clerk's Office Recommended Action: 1. Take no action; OR 2. Approve resolution(s); AND/OR 3. Provide other direction to staff. (Staff Report and Related Documents, if any, to be Provided Prior to the Meeting) MINUTES: Councilmember Hernandez expressed concern regarding the validity of the recall, stated the recall should not continue as it is not legal, spoke regarding the recall campaign, and stated the City Clerk is legally required to rescind the certification of the results. Councilmember Vazquez spoke regarding the Registrar of Voters (ROV) letter received. Councilmember Phan spoke regarding the sufficiency of valid signatures to recall a member of the City Council and stated the resolution to recall Mayor Pro Tem Lopez should be rescinded. Councilmember Bacerra inquired regarding the certification of sufficiency by the Registrar of Voters Office and whether the ROV's Office has rescinded the certification of sufficiency certificate related to the recall election with an updated certification. City Clerk Jennifer L. Hall answered questions regarding the certificate of sufficiency related to the recall petitions and stated the City has not received a rescinding letter from the Registrar of Voters Office. Councilmember Bacerra stated the City of Santa Ana should not take responsibility for the Registrar of Voters Office mistakes. Councilmember Penaloza spoke regarding the recall election and in support of recommended action no. 1 and he requested to not take action and let the courts decide. MOTION: Councilmember Hernandez moved to approve recommended action no. 2 for Item No. 3, seconded by Councilmember Vazquez. RESOLUTION NO. 2023-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF City Council 6 10/30/2023 THE CITY OF SANTA ANA DIRECTING THE CITY CLERK TO RESCIND THE CERTIFICATE OF SUFFICIENCY FOR PETITION TO RECALL COUNCIL MEMBER JESSIE LOPEZ, CANCELLING THE SPECIAL ELECTION CALLED AND NOTICED ON NOVEMBER 14, 2023, AND REPEALING RESOLUTION NOS. 2023-045, 2023- 055, AND 2023-056 SUBSTITUTE MOTION: Councilmember Penaloza moved to approve recommended action no. 1 for Item No. 3, seconded by Councilmember Bacerra. The substitute motion failed, 3-3-0-1, by the following roll call vote: AYES: COUNCILMEMBER BACERRA, PENALOZA, MAYOR AMEZCUA NOES: COUNCILMEMBER HERNANDEZ, PHAN, COUNCILMEMBER VAZQUEZ ABSTAIN: NONE ABSENT: MAYOR PRO TEM LOPEZ Status: 3-3-0-1- Fail The original motion failed, 3-3-0-1, by the following roll call vote: AYES: COUNCILMEMBER HERNANDEZ, PHAN, COUNCILMEMBER VAZQUEZ NOES: COUNCILMEMBER BACERRA, PENALOZA, MAYOR AMEZCUA ABSTAIN: NONE ABSENT: MAYOR PRO TEM LOPEZ Status: 3-3-0-1- Fail **END OF BUSINESS CALENDAR** CITY MANAGER COMMENTS MINUTES: None. COUNCIL COMMENTS COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER MINUTES: Councilmember Vazquez expressed concern with the validity of the recall election. Councilmember Hernandez stated he does not support illegal elections. Councilmember Penaloza invited all to attend the Trunk or Treat Event at Memorial Park at 5:00 P.M. Councilmember Phan expressed disappointment in the City Council. City Council 7 10/30/2023 ADJOURNMENT —Adjourn the City Council special meeting. MINUTES: MayorAmezcua adjourned the Special City Council meeting at 8:36 P.M. Respectfully submitted: Jennifer L. Hall, CMC City Clerk City Council 8 10/30/2023