21March
2023
Special Closed Session and Regular City Council Meeting · One key issue

Councilmember Hernandez's nominee to the police oversight commission was held over after Councilmember Bacerra showed the chamber social media posts the nominee had shared, including an anti-police slogan and a photograph of a captured American pilot guarded by a Viet Cong militiawoman.

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8.2 hours 25 agenda items 21 located in video 59% attributed to a named speaker
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Brief

What happened

Tuesday, March 21, 2023

  1. 01

    Councilmember Hernandez answered that the image had not come from the nominee's own page and that someone had been watching his accounts, while saying he was ashamed it had been shared at all.

    7:04:06
    Explore this issue
    Related agenda item 22

    Appoint Fernando Delgado Nominated by Councilmember Hernandez as the Ward 5 Representative to the Police Oversight Commission for a…

    Open agenda item →

    Member positions

    Valerie Amezcua
    Valerie AmezcuaOpposed

    Said the image was too personal given family names on the Vietnam memorial, and would not support continuing the item either.

    7:02:18
    Phil Bacerra
    Phil BacerraOpposed

    Displayed the posts and said the nominee does not share the council's purpose for the commission.

    6:34:29
    David Penaloza
    David PenalozaOpposed

    Said the nominee had attacked officers online before the facts of a shooting were known.

    6:37:14
    Thai Viet Phan
    Thai Viet PhanRaised concerns

    Said the image was deeply upsetting but moved to continue so the nominee could answer for himself.

    6:50:38
    Benjamin Vazquez
    Benjamin VazquezSupported

    Said the nominee is a good man and should be taken at his word.

    6:47:04
    Jessie Lopez
    Jessie LopezSupported

    Said members do not scrutinise each other's appointments and she would not start.

    6:44:10
    Johnathan Ryan Hernandez
    Johnathan Ryan HernandezSupported

    Nominated him, said the image came from an organisation page rather than his account, and defended his work in the community.

    7:04:06
  2. 02

    Mayor Amezcua spoke about finding her family's names on the Vietnam memorial and said she could not vote for it.

    6:53:50
    Explore this issue
    Related agenda item 22

    Appoint Fernando Delgado Nominated by Councilmember Hernandez as the Ward 5 Representative to the Police Oversight Commission for a…

    Open agenda item →

    Member positions

    Valerie Amezcua
    Valerie AmezcuaOpposed

    Said the image was too personal given family names on the Vietnam memorial, and would not support continuing the item either.

    7:02:18
    Phil Bacerra
    Phil BacerraOpposed

    Displayed the posts and said the nominee does not share the council's purpose for the commission.

    6:34:29
    David Penaloza
    David PenalozaOpposed

    Said the nominee had attacked officers online before the facts of a shooting were known.

    6:37:14
    Thai Viet Phan
    Thai Viet PhanRaised concerns

    Said the image was deeply upsetting but moved to continue so the nominee could answer for himself.

    6:50:38
    Benjamin Vazquez
    Benjamin VazquezSupported

    Said the nominee is a good man and should be taken at his word.

    6:47:04
    Jessie Lopez
    Jessie LopezSupported

    Said members do not scrutinise each other's appointments and she would not start.

    6:44:10
    Johnathan Ryan Hernandez
    Johnathan Ryan HernandezSupported

    Nominated him, said the image came from an organisation page rather than his account, and defended his work in the community.

    7:04:06
  3. 03

    The council voted six to one to bring the appointment back so the nominee could answer for himself.

    7:19:46
    Explore this issue
    Related agenda item 22

    Appoint Fernando Delgado Nominated by Councilmember Hernandez as the Ward 5 Representative to the Police Oversight Commission for a…

    Open agenda item →

    Member positions

    Valerie Amezcua
    Valerie AmezcuaOpposed

    Said the image was too personal given family names on the Vietnam memorial, and would not support continuing the item either.

    7:02:18
    Phil Bacerra
    Phil BacerraOpposed

    Displayed the posts and said the nominee does not share the council's purpose for the commission.

    6:34:29
    David Penaloza
    David PenalozaOpposed

    Said the nominee had attacked officers online before the facts of a shooting were known.

    6:37:14
    Thai Viet Phan
    Thai Viet PhanRaised concerns

    Said the image was deeply upsetting but moved to continue so the nominee could answer for himself.

    6:50:38
    Benjamin Vazquez
    Benjamin VazquezSupported

    Said the nominee is a good man and should be taken at his word.

    6:47:04
    Jessie Lopez
    Jessie LopezSupported

    Said members do not scrutinise each other's appointments and she would not start.

    6:44:10
    Johnathan Ryan Hernandez
    Johnathan Ryan HernandezSupported

    Nominated him, said the image came from an organisation page rather than his account, and defended his work in the community.

    7:04:06
  4. 04

    A design contract for the historic Cypress fire station passed five votes to two, after Councilmember Vazquez said his ward has police athletic league sites, one and a half parks and no library at all.

    6:11:48
    Explore this issue
    Related agenda item 17

    Approve an Agreement with Dunbar Architecture for Architectural Design Services for the Historic Cypress Fire Station in an Amount…

    Open agenda item →

    Member positions

    Benjamin Vazquez
    Benjamin VazquezVoted no

    Said the ward has athletic league sites, one and a half parks and no library, and wanted the item tabled.

    6:11:48
    Johnathan Ryan Hernandez
    Johnathan Ryan HernandezVoted no

    Moved to bring it back with community input from the ward first.

    6:26:55
    Valerie Amezcua
    Valerie AmezcuaVoted yes

    Said the objection was really about policing and that the previous council had already given direction.

    6:21:54
    Phil Bacerra
    Phil BacerraVoted yes

    Said the chamber had been full of people asking for the athletic league in August 2022.

    6:18:11
    David Penaloza
    David PenalozaVoted yes

    Raised a point of order that the item was the architect's contract, then moved it on a three year term instead of five.

    6:28:31
  5. 05

    Residents split over the same building, some asking for a digital library and others for the athletic league, and two children spoke, one of them about having guns pointed at her family by the police.

    4:30:50
    Explore this issue
    Related agenda item 17

    Approve an Agreement with Dunbar Architecture for Architectural Design Services for the Historic Cypress Fire Station in an Amount…

    Open agenda item →

    Member positions

    Benjamin Vazquez
    Benjamin VazquezVoted no

    Said the ward has athletic league sites, one and a half parks and no library, and wanted the item tabled.

    6:11:48
    Johnathan Ryan Hernandez
    Johnathan Ryan HernandezVoted no

    Moved to bring it back with community input from the ward first.

    6:26:55
    Valerie Amezcua
    Valerie AmezcuaVoted yes

    Said the objection was really about policing and that the previous council had already given direction.

    6:21:54
    Phil Bacerra
    Phil BacerraVoted yes

    Said the chamber had been full of people asking for the athletic league in August 2022.

    6:18:11
    David Penaloza
    David PenalozaVoted yes

    Raised a point of order that the item was the architect's contract, then moved it on a three year term instead of five.

    6:28:31
  6. 06

    Fourth Street business owners said construction and events have cut their takings by eighty per cent and that little Mexico is disappearing.

    4:39:29
    Explore this issue
    Related agenda item 8

    City of Santa Ana 2022 General Plan Annual Progress Report

    Open agenda item →

    What councilmembers said

    Representative transcript excerpts—not inferred positions.

    Jessie Lopez
    Jessie LopezMayor Pro Tem

    so thank you thank you thank you I just have a question and I'm I'm new here and sort of remind you so the West cluster including the Willowick site and Santanita neighborhood can you talk about that a little bit because you're proposing five geographic…

    6:06:37
    Jennifer L. Hall
    Jennifer L. HallCity Clerk

    Okay, I'm sorry, I'll try better. the motion by council member becerra seconded by penalosa to approve item number eight the city of santa anna 2022 general plan annual progress report perfect and is the voting system up i can't vote on mine i don't know okay…

    6:10:29
    Kristine RidgeCity Manager

    No, sir. It is actually a built out as indicated in the staff report. It's the hiring of an architectural firm to do the design of the building, but the purpose of the design is that the site is adaptively reused as a police athletic and activities league as…

    6:11:28
    Benjamin Vazquez
    Benjamin VazquezCouncilmember

    Yeah, I called on it. Just to be clear, and we've mentioned it before, this is just for rehabilitation of the building, not to be built out for a purpose of any kind, specific kind? Is it just a general built out?

    6:11:13
  7. 07

    The mid-year budget passed four votes to three, the dissenters objecting that the trash hauler's contractual donation is being spread across city departments rather than reaching community organisations.

    7:46:17
    Explore this issue
    Related agenda item 24

    Fiscal Year 2022-23 Mid-Year Budget Update, Revive Spending Plan Update, Appropriation Requests, and Workforce Changes

    Open agenda item →

    Member positions

    Benjamin Vazquez
    Benjamin VazquezVoted no

    Wanted the money distributed through the arts and culture commission.

    7:39:14
    Jessie Lopez
    Jessie LopezVoted no

    Said the breakdown leaves community organisations out altogether.

    7:37:52
    Johnathan Ryan Hernandez
    Johnathan Ryan HernandezVoted no

    Wanted three community festivals added to what the donation funds.

    7:35:57
    Phil Bacerra
    Phil BacerraVoted yes

    Seconded the motion.

    7:45:42
    David Penaloza
    David PenalozaVoted yes

    Moved it, having established the donation supplements rather than replaces general fund spending.

    7:43:59
  8. 08

    Staff also disclosed that a councilmember had asked the trash hauler directly for a donation to a nonprofit, and that the company then deducted it from what it owed the city.

    7:43:12
    Explore this issue
    Related agenda item 24

    Fiscal Year 2022-23 Mid-Year Budget Update, Revive Spending Plan Update, Appropriation Requests, and Workforce Changes

    Open agenda item →

    Member positions

    Benjamin Vazquez
    Benjamin VazquezVoted no

    Wanted the money distributed through the arts and culture commission.

    7:39:14
    Jessie Lopez
    Jessie LopezVoted no

    Said the breakdown leaves community organisations out altogether.

    7:37:52
    Johnathan Ryan Hernandez
    Johnathan Ryan HernandezVoted no

    Wanted three community festivals added to what the donation funds.

    7:35:57
    Phil Bacerra
    Phil BacerraVoted yes

    Seconded the motion.

    7:45:42
    David Penaloza
    David PenalozaVoted yes

    Moved it, having established the donation supplements rather than replaces general fund spending.

    7:43:59
How this brief was made

The current summaries were prepared during an in-session review of the transcripts. This prototype shows only sentences with a timestamp citation. 0 uncited sentences were withheld from this page.

Focus

Where they differed

Splits in votes or reasoning

Split voteon “Approve an Agreement with Dunbar Architecture for Architectural Design Services for the Historic Cypress Fire Station in an Amount…”6:29:51

The Cypress fire station design contract passed five votes to two, over an argument about whether the ward needs a police athletic league site or a library.

Benjamin Vazquez
Benjamin VazquezVoted no6:11:48

Said the ward has athletic league sites, one and a half parks and no library, and wanted the item tabled.

Johnathan Ryan Hernandez
Johnathan Ryan HernandezVoted no6:26:55

Moved to bring it back with community input from the ward first.

Valerie Amezcua
Valerie AmezcuaVoted yes6:21:54

Said the objection was really about policing and that the previous council had already given direction.

Phil Bacerra
Phil BacerraVoted yes6:18:11

Said the chamber had been full of people asking for the athletic league in August 2022.

David Penaloza
David PenalozaVoted yes6:28:31

Raised a point of order that the item was the architect's contract, then moved it on a three year term instead of five.

Different reasoningon “Appoint Fernando Delgado Nominated by Councilmember Hernandez as the Ward 5 Representative to the Police Oversight Commission for a…”7:19:46

Whether social media posts shared by a police oversight nominee, including an image of a captured American pilot, disqualified him from the commission.

Valerie Amezcua
Valerie AmezcuaOpposed7:02:18

Said the image was too personal given family names on the Vietnam memorial, and would not support continuing the item either.

Phil Bacerra
Phil BacerraOpposed6:34:29

Displayed the posts and said the nominee does not share the council's purpose for the commission.

David Penaloza
David PenalozaOpposed6:37:14

Said the nominee had attacked officers online before the facts of a shooting were known.

Thai Viet Phan
Thai Viet PhanRaised concerns6:50:38

Said the image was deeply upsetting but moved to continue so the nominee could answer for himself.

Benjamin Vazquez
Benjamin VazquezSupported6:47:04

Said the nominee is a good man and should be taken at his word.

Jessie Lopez
Jessie LopezSupported6:44:10

Said members do not scrutinise each other's appointments and she would not start.

Johnathan Ryan Hernandez
Johnathan Ryan HernandezSupported7:04:06

Nominated him, said the image came from an organisation page rather than his account, and defended his work in the community.

Split voteon “Fiscal Year 2022-23 Mid-Year Budget Update, Revive Spending Plan Update, Appropriation Requests, and Workforce Changes”7:46:17

The mid-year budget passed four votes to three, the dissenters objecting to how the trash hauler's contractual donation was being spread across city departments.

Benjamin Vazquez
Benjamin VazquezVoted no7:39:14

Wanted the money distributed through the arts and culture commission.

Jessie Lopez
Jessie LopezVoted no7:37:52

Said the breakdown leaves community organisations out altogether.

Johnathan Ryan Hernandez
Johnathan Ryan HernandezVoted no7:35:57

Wanted three community festivals added to what the donation funds.

Phil Bacerra
Phil BacerraVoted yes7:45:42

Seconded the motion.

David Penaloza
David PenalozaVoted yes7:43:59

Moved it, having established the donation supplements rather than replaces general fund spending.

Agenda

Every item

25 items in agenda order

1
Closed Session Items

Closed-session labor negotiations with city employee organizations

Not located
  • The council met privately with its labour negotiator about talks with the city's employee groups.29:19
  • The city attorney reported no action that had to be announced.3:32:37
Official agendaSupplied summaryNot located
Full official agenda title

CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a): Agency Negotiators: Human Resources Executive Director, Jason Motsick Employee Organizations: Santa Ana Police Officers Association (POA) Service Employees’ International Union (SEIU) Full-Time Employees

1
Ceremonial Presentations

Certificate of Recognition presented by Mayor Pro Tem Lopez to Rachael Cianfrani for Outstanding Contributions to the Community

Not located
  • A certificate of recognition from Mayor Pro Tem Lopez to Rachael Cianfrani for her contributions to the community.3:32:55
Official agendaSupplied summaryNot located
2
Ceremonial Presentations

Certificate of Recognition presented by Councilmember Bacerra to Orange County Fire Authority Firefighter/Paramedic Nicholas Sibayan…

Not located
  • Councilmember Bacerra presented a certificate to Orange County Fire Authority paramedic Nick Sibayan, who intervened when a nurse was assaulted in a hospital emergency department.3:37:35
Official agendaSupplied summaryNot located
Full official agenda title

Certificate of Recognition presented by Councilmember Bacerra to Orange County Fire Authority Firefighter/Paramedic Nicholas Sibayan for Outstanding Acts of Heroism

3
Ceremonial Presentations

Proclamation presented by Councilmember Hernandez declaring March 3, 2023 as Ruben Salazar Day

5:56:28
  • Councilmember Hernandez presented a proclamation declaring 3 March Ruben Salazar Day, for the journalist killed by a sheriff's tear gas round while covering the Chicano Moratorium in 1970.3:44:38
Official agendaSupplied summaryClerk timestamp
4
Staff Presentations

A. Annual Presentation from Travel Santa Ana (Revised 3/15/2023) B. Homelessness Update

Not located
  • Two presentations, one from Travel Santa Ana and one on homelessness.5:31:41
  • Travel Santa Ana, funded by a levy on seventeen hotels, set out a new brand built with four local artists, a visitor guide and a restaurant week that drew twenty Santa Ana restaurants against three the year before.5:31:41
  • Councilmember Penaloza asked that its maps stop concentrating on downtown and the mall and cover the whole city.5:36:16
  • On homelessness, staff reported 157 beds occupied at the Carnegie shelter, eleven families with twenty nine children, and 114 people who have left for stable housing since it opened.4:43:01
  • Councilmember Penaloza said the $10,000 in fines issued to the railway this year is pocket change to a company of that size, and staff agreed the railway could fix the problem if it chose to.4:57:35
  • Councilmember Bacerra pressed on the county's flood control channels, on permanent supportive housing being spread across the county rather than concentrated here, and on a petrol station forecourt that drew 213 calls for service in a year and eight citations.5:11:45
  • Councilmember Phan said homelessness is a housing problem first, and asked that opioid settlement money be tracked as it arrives.5:21:05
  • Mayor Pro Tem Lopez asked for a CalOptima presentation on its street medicine funding and whether shelter rules were relaxed in the cold.5:16:14
Official agendaSupplied summaryNot located
5
Consent Calendar

Excused Absences

5:49:49
  • A routine item excusing members who missed earlier meetings, approved with the rest of the consent calendar.5:51:51
Official agendaSupplied summaryConsent blockCity Clerk’s Office
Official recommendation
  1. Excuse the absent members
6
Consent Calendar

Appoint Michelle Cisneros nominated by Councilmember Phan as the Ward 1 Representative to the Personnel Board for a partial-term…

5:49:49
  • Michelle Cisneros was appointed to the Personnel Board as the Ward 1 representative and sworn in.5:54:06
Official agendaSupplied summaryConsent blockCity Clerk’s Office
Full official agenda title

Appoint Michelle Cisneros nominated by Councilmember Phan as the Ward 1 Representative to the Personnel Board for a partial-term expiring December 10, 2024

Official recommendation
  1. Appoint Michelle Cisneros to the Personnel Board as the Ward 1 representative and administer Oath of Office
7
Consent Calendar

Receive and File a Report Regarding the Brown Act and Teleconferencing Provisions

4:17:02
  • An informational report on the Brown Act and what the rules now allow for members joining meetings remotely.5:51:51
Official agendaSupplied summaryMatched to recordingClerk of the Council Office
Official recommendation
  1. Receive and file a report regarding the Brown Act and teleconferencing provisions (informational purposes)
8
Consent Calendar

City of Santa Ana 2022 General Plan Annual Progress Report

5:56:30
  • The 2022 general plan annual progress report, for submission to the state.5:56:08
  • Councilmember Bacerra noted the city has a state approved housing element, has already met fifty two per cent of its regional housing allocation for this cycle, and asked whether that earns it any relief from state housing laws.5:56:44
  • The city manager said it exempts the city from the builder's remedy and that the state does not reward the few jurisdictions that comply.5:58:00
  • The report also starts an environmental justice action committee, with five residents drawn from five parts of the city plus staff and the county health agency.6:00:21
  • Mayor Pro Tem Lopez said the committee must include the university and community groups who did the original work rather than councilmembers' friends, and noted the county will not say how it spends its lead remediation money.6:05:07
  • It passed seven votes to nothing.6:11:03
Official agendaSupplied summaryClerk timestampPlanning and Building Agency
Official recommendation
  1. Receive and file the City of Santa Ana 2022 General Plan Annual Progress Report
  2. Authorize staff to submit the City of Santa Ana 2022 General Plan Annual Progress Report to the State of California Department of Housing and Community Development (HCD) and the Office of Planning and Research (OPR)
  3. Direct staff to proceed with the formation of the Environmental Justice (EJ) Action Committee; and determine this action is exempt from further environmental review in accordance with the California Environmental Quality Act (CEQA) as it is not a “project” as defined in Section 15378 of the CEQA Guidelines
9
Consent Calendar

Annual Development Impact Fee Report for Fiscal Year 2021-2022

5:49:49
  • The annual report on development impact fees for 2021-22.5:51:51
Official agendaSupplied summaryConsent blockPublic Works Agency
Official recommendation
  1. Receive and file the Annual Development Impact Fee Report for Fiscal Year 2021-2022
10
Consent Calendar

Award Aggregate Blanket Order Contracts to Promotethis!, Graphic Printsource, Inc., Superior Promos, and QCORP Printing Solutions…

5:49:49
  • Blanket contracts with four suppliers for promotional items, up to $975,000 in total.5:51:51
Official agendaSupplied summaryConsent blockFinance and Management Services
Full official agenda title

Award Aggregate Blanket Order Contracts to Promotethis!, Graphic Printsource, Inc., Superior Promos, and QCORP Printing Solutions for Promotional Items in a Not-to-Exceed Aggregate Amount of $975,000 (Specification No. 23-024) (General Fund and Non-General Fund)

Official recommendation
  1. Award aggregate blanket order contracts to vendors listed below for the purchase of promotional items on an as-needed basis in an annual amount not to exceed $195,000, with a total aggregate contract amount not to exceed $975,000, for an initial one-year term expiring on March 31, 2024, with provisions for four, one-year renewal options, subject to non-substantive changes approved by the City Manager and City Attorney. Graphic Printsource, Inc., Corona, CA Promotethis!, Huntington Beach, CA QCORP Printing Solutions, Loomis, CA Superior Promos, Brooklyn, NY
11
Consent Calendar

Award a Purchase Order to Sonsray Machinery, LLC in the amount of $51,681 for One Felling Custom Saw Trailer for the Public Works…

5:49:49
  • A purchase order of $51,681 for a saw trailer for the water resources division.5:51:51
Official agendaSupplied summaryConsent blockPublic Works Agency
Full official agenda title

Award a Purchase Order to Sonsray Machinery, LLC in the amount of $51,681 for One Felling Custom Saw Trailer for the Public Works Water Resources Division (Specification No. 23-031) (Non-General Fund)

Official recommendation
  1. Authorize a one-time purchase and payment of Purchase Order to Sonsray Machinery, LLC. for one Felling Custom Saw Trailer, in the amount of $46,681, plus a contingency amount of $5,000, for a total amount not to exceed $51,681, subject to non-substantive changes approved by the City Manager and City Attorney
12
Consent Calendar

Award a Purchase Order to FieldTurf USA to provide and install Synthetic Turf at Field Nos. 1 and 3 at the Dan Young Sports Complex…

5:49:49
  • A purchase order of $2,970,859 to FieldTurf USA to lay artificial turf on two pitches at the Dan Young sports complex in Centennial Park.5:51:51
Official agendaSupplied summaryConsent blockPublic Works Agency
Full official agenda title

Award a Purchase Order to FieldTurf USA to provide and install Synthetic Turf at Field Nos. 1 and 3 at the Dan Young Sports Complex at Centennial Park in the amount of $2,970,859 (Specification No. 23-035) (Project 22-2766) (Non-General Fund))

Official recommendation
  1. Authorize a one-time purchase and payment to FieldTurf USA to provide and install synthetic turf field at the Dan Young Sports Complex in the amount of $2,675,859, plus a contingency of $295,000 for a total amount not to exceed $2,970,859, subject to non-substantive changes approved by the City Manager and City Attorney
  2. Approve an amendment to the Fiscal Year 2022-23 Capital Improvement Program to include $1,502,229 in funding for the Dan Young Synthetic Turf Fields Project (Project No. 22-2752)
13
Consent Calendar

Approve Submittal of Request for Time Extension of the Measure M2 Comprehensive Transportation Funding Program for Fairview Avenue…

5:49:49
  • A request to extend the deadline on Measure M2 transport funding for two stretches of Fairview Street.5:51:51
Official agendaSupplied summaryConsent blockPublic Works Agency
Full official agenda title

Approve Submittal of Request for Time Extension of the Measure M2 Comprehensive Transportation Funding Program for Fairview Avenue Improvements from 9th Street to 16th Street and Fairview Street Improvements from Monte Carlo Drive to Trask Avenue (Project Nos. 15-6827 and 23-6701) (Non-General Fund)

Official recommendation
  1. Authorize the Public Works Agency to request a two-year time extension of Measure M2 Comprehensive Transportation Funding Program funding for Fairview Avenue Improvements from 9th Street to 16th Street project (21-SNTA-ACE-3996) and for Fairview Street Improvements from Monte Carlo Drive to Trask Avenue (22-SNTA-ACE-4020)
14
Consent Calendar

Approve an Amendment to the Project Cost Analysis to add $343,000 to an Existing Construction Contract with Big Ben, Inc. for a…

5:49:49
  • An extra $343,000 for the Lincoln Avenue water and sewer main works, taking the project to $2,343,000.5:51:51
Official agendaSupplied summaryConsent blockPublic Works Agency
Full official agenda title

Approve an Amendment to the Project Cost Analysis to add $343,000 to an Existing Construction Contract with Big Ben, Inc. for a Revised Estimated Project Delivery Cost of $2,343,000, for the Lincoln Avenue Water and Sewer Main Improvements Project (Project Nos. 22-6468 and 22-6620) (Non-General Fund)

Official recommendation
  1. Approve an amendment to the Project Cost Analysis to reflect the new amount of $571,235 for project contingency for unanticipated or unforeseen work, for a total construction delivery cost of $2,343,000, subject to non-substantive changes approved by the City Manager and City Attorney
15
Consent Calendar

Approve Appropriation Adjustments and Award a Construction Contract to GMZ Engineering, Inc. in the amount of $4,642,644 for the…

5:49:49
  • A construction contract of $4,642,644 with GMZ Engineering for the downtown flood reduction and stormwater infiltration scheme.5:51:51
Official agendaSupplied summaryConsent blockPublic Works Agency
Full official agenda title

Approve Appropriation Adjustments and Award a Construction Contract to GMZ Engineering, Inc. in the amount of $4,642,644 for the Downtown Flood Reduction and Stormwater Infiltration Project with an Estimated Construction Delivery Cost of $5,640,000 (Non-General Fund)

Official recommendation
  1. Approve an appropriation adjustment to recognize an additional $1.25 million in Proposition 68 Urban Flood Protection (UFP) grant funding from the California Natural Resources Agency into the Public Works Agency Enterprise Capital Grants, Direct Revenue Account and appropriate the same amount into the California Natural Resources Agency Urban Flood Protection, Improvements Other Than Building expenditure account. ( Requires five affirmative votes)
  2. Approve an appropriation adjustment to recognize $900,000 of prior year fund balance in the Federal Clean Water Protection fund, Prior Year Carryforward revenue account and appropriate the same amount into the Federal Clean Water Protection Enterprise, Improvements Other Than Building expenditure account. ( Requires five affirmative votes)
  3. Approve an amendment to the Fiscal Year 2022-23 Capital Improvement Program to add $1.25 million of Proposition 68 Urban Flood Protection Grant Program funding and $900,000 of Federal Clean Water Protection Enterprise funding for the Downtown Flood Reduction and Stormwater Infiltration Project (22-6622)
  4. Award a construction contract to GMZ Engineering Inc., the lowest responsible bidder, in accordance with the base bid plus bid alternate in the amount of $4,642,644, for construction of the Downtown Flood Reduction and Stormwater Infiltration Project, for the term beginning March 21, 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 $5,640,000, which includes $4,642,644 for the construction contract, $552,356 for contract administration, inspection and testing, and a $445,000 project contingency for unanticipated or unforeseen work. (includes determination 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-2022-95 was filed for the project)
16
Consent Calendar

Approve Agreements with Tetra Tech, Inc., Dudek, and ECORP Consulting Inc. for On-Call Environmental Services in aggregate amounts…

5:51:14
  • Agreements with three firms for on-call environmental services, up to $2,450,000 across federal and non-federal contracts.5:51:51
  • Councilmember Phan announced she would leave the room if the item were pulled, and it was not.5:51:14
Official agendaSupplied summaryMatched to recordingPublic Works Agency
Full official agenda title

Approve Agreements with Tetra Tech, Inc., Dudek, and ECORP Consulting Inc. for On-Call Environmental Services in aggregate amounts not to exceed $2,450,000, for up to five-year terms (Non-General Fund)

Official recommendation
  1. Authorize the City Manager to execute agreements with Tetra Tech, Inc., Dudek, and ECORP Consulting Inc., to provide On-Call Environmental Services on as needed basis: federal contract in an aggregate amount not to exceed $950,000 for a three-year term beginning March 21, 2023 and expiring March 20, 2026, with an option for two, one-year extensions, subject to non-substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-XXX)
  2. Authorize the City Manager to execute agreements with Tetra Tech, Inc., Dudek, and ECORP Consulting Inc, to provide On-Call Environmental Services on as needed basis: non-federal contract aggregate amount not to exceed $1,500,000 for a three-year term beginning March 21, 2023 and expiring March 20, 2026, with an option for two, one-year extensions, subject to non-substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-XXX)
17
Consent Calendar

Approve an Agreement with Dunbar Architecture for Architectural Design Services for the Historic Cypress Fire Station in an Amount…

6:11:34
Split voteSee member positions →
  • A design contract of up to $434,880 with Dunbar Architecture to rehabilitate the historic Cypress fire station, which the council directed in August 2022 should become a police athletic league site with senior programming.6:11:37
  • Councilmember Vazquez said his ward has athletic league sites, one and a half parks and no library, and that he grew up in the McFadden library that is now itself an athletic league site.6:11:48
  • He asked for measurable results from the programme and said what the neighbourhood actually wants is a police substation.6:11:48
  • Residents were divided, some describing the athletic league as life changing and others saying they had been promised a public say on the building and never got one.4:17:02
  • Two children asked for a digital library open seven days a week, one of them saying guns had been pointed at her and her stepfather.4:30:50
  • Councilmember Penaloza and the city attorney reminded the council the item before them was the architect's contract, not the use of the building.6:16:34
  • Councilmember Hernandez moved to bring it back with community input and Councilmember Vazquez seconded, after a long argument over which motions had actually been seconded.6:26:55
  • Councilmember Penaloza then moved a three year term instead of five, with an option to return for more, and that carried five votes to two.6:28:31
Official agendaSupplied summaryClerk timestampPublic Works Agency
Full official agenda title

Approve an Agreement with Dunbar Architecture for Architectural Design Services for the Historic Cypress Fire Station in an Amount Not to Exceed $434,880 for a Five-Year Term (Project No. 22-6023) (General Fund)

Official recommendation
  1. Authorize the City Manager to execute an agreement with Dunbar Architecture to develop plans, specifications, final construction documents, and construction support for the rehabilitation of the Historic Cypress Fire Station in the amount of $394,880 with a contingency of $40,000, for a total amount not to exceed $434,880, for a five-year term beginning March 21, 2023 and expiring March 20, 2028, with an option for two, one-year extensions, subject to non-substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-XXX)
18
Consent Calendar

Agreement to Extend License with Southern California Edison Company for the Bristol/Alton Bike Trail (General Fund)

6:30:25
  • A five year licence of $1,587 with Southern California Edison to keep using its land for the Bristol and Alton cycle trail.6:30:28
  • Councilmember Bacerra said the site draws criminal activity and asked when the fencing and landscaping would be put right, and staff answered three months.6:32:40
  • It passed seven votes to nothing.6:33:32
Official agendaSupplied summaryClerk timestampPublic Works Agency
Official recommendation
  1. Authorize the City Manager to execute a License Agreement (Contract No. 9.5074) with Southern California Edison Company to continue the use of Edison property for the Bristol Street and Alton Avenue Bike Trail for a term from May 1, 2023 through April 30, 2028 in an amount not to exceed $1,587, subject to non-substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-XXX)
19
Consent Calendar

Approve Second Amendment to Master Service and Purchasing Agreement with Axon Enterprise, Inc., in the amount of $451,000, for a…

5:49:49
  • An extra $451,000 to Axon Enterprise for a police records management system.5:51:51
Official agendaSupplied summaryConsent blockPolice Department
Full official agenda title

Approve Second Amendment to Master Service and Purchasing Agreement with Axon Enterprise, Inc., in the amount of $451,000, for a Records Management System for the Police Department (Non-General Fund)

Official recommendation
  1. Authorize the City Manager to execute the Second Amendment to the Agreement with Axon Enterprise, Inc. to provide a Records Management System to the Police Department in an additional amount not to exceed $451,000 for a total aggregate amount not to exceed $6,015,017, for the period of March 21, 2023 through June 30, 2027, subject to non-substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-XXX)
20
Consent Calendar

Second Amendment to Professional Services Agreement with Holland & Knight LLP for Federal Legislative Advocacy Services

5:49:49
  • A second amendment to the agreement with Holland and Knight for federal lobbying.5:51:51
Official agendaSupplied summaryConsent blockCity Manager Office
Official recommendation
  1. Approve a second amendment to an agreement with Holland & Knight LLP for federal legislative advocacy services for a three-month term from April 1, 2023 through June 30, 2023, in an amount not to exceed $29,400, subject to non-substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-XXX)
21
Consent Calendar

Historic Property Preservation Agreements

5:49:49
  • Historic property preservation agreements, approved with the consent calendar.5:51:51
Official agendaSupplied summaryConsent blockPlanning and Building Agency
Official recommendation
  1. Jim Perez, 2022-12, 2218 N. Ross Street, 7:0:0:2 (Carpenter and Pena Sarmiento Absent) (Agreement No. 2023-XXX)
  2. Carolyn Almquist, 2022-18, 2003 N. Victoria Drive, 7:0:0:2 (Carpenter and Pena Sarmiento Absent) (Agreement No. 2023-XXX)
  3. Liennette Chung representing Wild Orchid Investments LLC, 2022-19, 313 N. Birch Street, 7:0:0:2 (Carpenter and Pena Sarmiento Absent) (Agreement No. 2023-XXX)
  4. Andrew Chu, 2022-21, 501 E. Washington Avenue, 7:0:0:2 (Carpenter and Pena Sarmiento Absent) (Agreement No. 2023-XXX)
  5. Scott and Lisa Michaelis, 2022-22, 2123 N. Freeman, 7:0:0:2 (Carpenter and Pena Sarmiento Absent) (Agreement No. 2023-XXX)
  6. Eric Neigher and Jennifer Nguyen, 2022-23, 1915 N. Flower Street, 8:0:0:1 (Mark McLoughlin Absent) (Agreement No. 2023-XXX)
  7. Matthew L. and Robert D. Hale, 2022-24, 947 W. Buffalo Ave, 8:0:0:1 (Mark McLoughlin Absent) (Agreement No. 2023-XXX)
22
Consent Calendar

Appoint Fernando Delgado Nominated by Councilmember Hernandez as the Ward 5 Representative to the Police Oversight Commission for a…

6:34:25
Different reasoningSee member positions →
  • The appointment of Fernando Delgado to the police oversight commission as the Ward 5 representative.6:33:38
  • Councilmember Bacerra pulled it and displayed two posts the nominee had shared, one an anti-police slogan and one a photograph of a captured American pilot guarded by a Viet Cong militiawoman.6:34:29
  • Councilmember Penaloza said he had received an email about another post attacking officers before the facts of a shooting were known, and could not support the appointment.6:37:14
  • Councilmember Hernandez said he had not seen the posts, that he does not condone them, and described the nominee's work with families and young people in the ward.6:39:41
  • Mayor Pro Tem Lopez said members do not scrutinise each other's appointments and she would not start now.6:44:10
  • Councilmember Vazquez said the nominee is a good man whose anger came from unjustified killings, and should be taken at his word if he apologises.6:47:04
  • Councilmember Phan, the one Vietnamese American on the dais, said she knows the nominee and respects his work but found the image deeply upsetting, and moved to continue the item so he could speak.6:50:38
  • Mayor Amezcua described looking for her family's names on the Vietnam memorial in Washington and said she could not vote for it.6:53:50
  • Councilmember Hernandez pointed out the image was posted by a community organisation rather than the nominee's own account, and asked how long someone had been watching him.7:04:06
  • Councilmember Bacerra answered that the nominee's own profile links to that page and nowhere else.7:09:27
  • The motion to continue carried six votes to one.7:19:46
Official agendaSupplied summaryClerk timestampCity Clerk’s Office
Full official agenda title

Appoint Fernando Delgado Nominated by Councilmember Hernandez as the Ward 5 Representative to the Police Oversight Commission for a Full-Term Expiring December 10, 2024 (Revised 3/15/2023)

Official recommendation
  1. Appoint Fernando Delgado to the Police Oversight Commission as the Ward 5 representative and administer Oath of Office
23
Business Calendar

Councilmember-Requested Item Policy Informational Report

7:20:47
  • A draft policy setting out what a councilmember must put in writing before an item goes on the agenda, brought forward by Councilmember Phan.7:20:47
  • She said items had repeatedly been agendised that were already being done, or were illegal or unconstitutional.7:24:04
  • Mayor Amezcua objected to the word confer and asked that it be changed to inform, and that anything unlawful be flagged to the whole council immediately.7:24:19
  • Mayor Pro Tem Lopez reminded newer members that staff are not to write these reports for them.7:25:58
  • Staff will return with a resolution adopting the policy.7:25:08
Official agendaSupplied summaryClerk timestampCity Manager Office
Official recommendation
  1. Accept informational report and provide direction to staff
24
Business Calendar

Fiscal Year 2022-23 Mid-Year Budget Update, Revive Spending Plan Update, Appropriation Requests, and Workforce Changes

7:28:41
Split voteSee member positions →
  • The mid-year budget update, appropriations and staffing changes, carried over from February so members could be briefed.7:27:14
  • Mayor Amezcua asked about a general fund payout for two finance staff retiring after nearly forty years each, and about unfreezing a forensic post to clear a backlog of unexamined evidence.7:28:54
  • On the trash hauler's $183,000, staff confirmed it is a contractual obligation rather than a gift, and that it was being split between public works, the library and parks.7:30:15
  • Councilmember Hernandez asked that the Chicano Heritage Festival, the Mid-Autumn Festival and the Day of the Dead celebration be added to what it funds.7:35:57
  • Mayor Pro Tem Lopez said the breakdown leaves community organisations out altogether, which was the whole point of asking for the clause.7:37:52
  • Councilmember Vazquez suggested the money go out through the arts and culture commission instead.7:39:14
  • Staff then disclosed that a councilmember had approached the hauler directly for a donation to a nonprofit, and that the company deducted about $20,000 from what it owed the city, which staff only learned afterwards.7:43:12
  • Councilmember Penaloza said every penny should come through the council and asked that it never happen again.7:43:59
  • Mayor Amezcua asked the city attorney and city manager for a briefing on it.7:44:45
  • The item passed four votes to three.7:46:17
Official agendaSupplied summaryClerk timestampFinance and Management Services
Official recommendation
  1. Receive and file the FY 2022-23 Mid-Year Budget Update, including an update for the Revive Santa Ana Spending Plan
  2. Approve the recommended Appropriation Adjustments. (Requires five affirmative votes)
  3. Adopt a Resolution No. 2023-XXX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO AMEND RESOLUTION NO. 2015-026 TO EFFECT CERTAIN CHANGES TO THE CITY’S BASIC CLASSIFICATION AND COMPENSATION PLAN
  4. Adopt a Resolution No. 2023-XXX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO AMEND THE CURRENT FISCAL YEAR 2022-2023 ANNUAL BUDGET TO ADD AND DELETE FULL-TIME POSITIONS IN THE LIBRARY DEPARTMENT, PARKS, RECREATION, AND COMMUNITY SERVICES DEPARTMENT, PLANNING AND BUILDING DEPARTMENT, AND PUBLIC WORKS DEPARTMENT
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