SA PulseSanta Ana Council Record
4April
2023
Special Closed Session, Regular City Council and Housing Authority Meeting · One key issue

The council refused to appoint Fernando Delgado to the police oversight commission, three votes to four, after hearing him answer for the social media posts shown at the previous meeting.

Check this moment · 5:31:35
6.9 hours 34 agenda items 27 located in video 54% attributed to a named speaker
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Brief

What happened

Tuesday, April 4, 2023

  1. 01

    He told them he is a teacher, a father and a neighbourhood organiser, that the anti-police post appeared on a page he is associated with rather than one he runs, and that the Vietnam image was insensitive and needed context he had not given it.

    5:12:09
    Police oversightYouth & education
    Explore this issue
    Related agenda item 28

    Hear From and Consider Appointing Fernando Delgado Nominated by Councilmember Hernandez as the Ward 5 Representative to the Police…

    Open agenda item →

    Member positions

    Valerie Amezcua
    Valerie AmezcuaVoted no

    Asked about liability to the city and said the Vietnam post was personal to her.

    5:25:27
    Thai Viet Phan
    Thai Viet PhanVoted no

    Feared a perceived bias would undermine the commission's findings on appeal.

    5:16:55
    Phil Bacerra
    Phil BacerraVoted no

    Said the nominee's posts point towards dismantling the police department rather than improving it.

    5:12:42
    David Penaloza
    David PenalozaVoted no

    Had said at the previous meeting he could not support the nomination.

    5:31:18
    Benjamin Vazquez
    Benjamin VazquezVoted yes

    Seconded the appointment after asking what qualified him for the role.

    5:02:29
    Jessie Lopez
    Jessie LopezVoted yes

    Called the process retaliation over political views.

    5:04:14
    Johnathan Ryan Hernandez
    Johnathan Ryan HernandezVoted yes

    Nominated him and said the commission exists for people with different opinions.

    5:15:55
  2. 02

    Councilmember Phan said she believed him, but could not risk a perceived bias that would let an officer overturn a finding on appeal.

    5:16:55
    Police oversightYouth & education
    Explore this issue
    Related agenda item 28

    Hear From and Consider Appointing Fernando Delgado Nominated by Councilmember Hernandez as the Ward 5 Representative to the Police…

    Open agenda item →

    Member positions

    Valerie Amezcua
    Valerie AmezcuaVoted no

    Asked about liability to the city and said the Vietnam post was personal to her.

    5:25:27
    Thai Viet Phan
    Thai Viet PhanVoted no

    Feared a perceived bias would undermine the commission's findings on appeal.

    5:16:55
    Phil Bacerra
    Phil BacerraVoted no

    Said the nominee's posts point towards dismantling the police department rather than improving it.

    5:12:42
    David Penaloza
    David PenalozaVoted no

    Had said at the previous meeting he could not support the nomination.

    5:31:18
    Benjamin Vazquez
    Benjamin VazquezVoted yes

    Seconded the appointment after asking what qualified him for the role.

    5:02:29
    Jessie Lopez
    Jessie LopezVoted yes

    Called the process retaliation over political views.

    5:04:14
    Johnathan Ryan Hernandez
    Johnathan Ryan HernandezVoted yes

    Nominated him and said the commission exists for people with different opinions.

    5:15:55
  3. 03

    Councilmember Hernandez said the commission was built for people with different opinions and warned the council against political censorship.

    5:15:55
    Police oversightYouth & education
    Explore this issue
    Related agenda item 28

    Hear From and Consider Appointing Fernando Delgado Nominated by Councilmember Hernandez as the Ward 5 Representative to the Police…

    Open agenda item →

    Member positions

    Valerie Amezcua
    Valerie AmezcuaVoted no

    Asked about liability to the city and said the Vietnam post was personal to her.

    5:25:27
    Thai Viet Phan
    Thai Viet PhanVoted no

    Feared a perceived bias would undermine the commission's findings on appeal.

    5:16:55
    Phil Bacerra
    Phil BacerraVoted no

    Said the nominee's posts point towards dismantling the police department rather than improving it.

    5:12:42
    David Penaloza
    David PenalozaVoted no

    Had said at the previous meeting he could not support the nomination.

    5:31:18
    Benjamin Vazquez
    Benjamin VazquezVoted yes

    Seconded the appointment after asking what qualified him for the role.

    5:02:29
    Jessie Lopez
    Jessie LopezVoted yes

    Called the process retaliation over political views.

    5:04:14
    Johnathan Ryan Hernandez
    Johnathan Ryan HernandezVoted yes

    Nominated him and said the commission exists for people with different opinions.

    5:15:55
  4. 04

    Mayor Pro Tem Lopez called the exercise retaliation over political views and apologised to staff for the time it took.

    5:04:14
    Police oversightYouth & education
    Explore this issue
    Related agenda item 28

    Hear From and Consider Appointing Fernando Delgado Nominated by Councilmember Hernandez as the Ward 5 Representative to the Police…

    Open agenda item →

    Member positions

    Valerie Amezcua
    Valerie AmezcuaVoted no

    Asked about liability to the city and said the Vietnam post was personal to her.

    5:25:27
    Thai Viet Phan
    Thai Viet PhanVoted no

    Feared a perceived bias would undermine the commission's findings on appeal.

    5:16:55
    Phil Bacerra
    Phil BacerraVoted no

    Said the nominee's posts point towards dismantling the police department rather than improving it.

    5:12:42
    David Penaloza
    David PenalozaVoted no

    Had said at the previous meeting he could not support the nomination.

    5:31:18
    Benjamin Vazquez
    Benjamin VazquezVoted yes

    Seconded the appointment after asking what qualified him for the role.

    5:02:29
    Jessie Lopez
    Jessie LopezVoted yes

    Called the process retaliation over political views.

    5:04:14
    Johnathan Ryan Hernandez
    Johnathan Ryan HernandezVoted yes

    Nominated him and said the commission exists for people with different opinions.

    5:15:55
  5. 05

    Mayor Amezcua then asked staff to freeze police sergeant and management promotions until ninety per cent of vacant officer posts are filled.

    5:32:03
    Public safetyLabor & workforce
    Explore this issue
    Related agenda item 29

    Discuss and Direct the City Manager to Direct Staff to Implement a Temporary Promotion Freeze for Police Management Until at Least…

    Open agenda item →

    Member positions

    Thai Viet Phan
    Thai Viet PhanOpposed

    Said overtime is a price worth paying to keep patrol staffed.

    6:24:40
    Jessie Lopez
    Jessie LopezOpposed

    Said a freeze signals instability and demoralises officers.

    6:07:30
    Phil Bacerra
    Phil BacerraOpposed

    Wanted the funded vacancies filled but not a freeze.

    6:22:28
    Benjamin Vazquez
    Benjamin VazquezRaised concerns

    Did not want hiring rushed at the cost of quality.

    6:06:20
    David Penaloza
    David PenalozaRaised concerns

    Asked for shift by shift staffing figures before supporting anything.

    5:59:07
    Valerie Amezcua
    Valerie AmezcuaSupported

    Brought the item, saying the department is top heavy and overtime is out of hand.

    5:32:03
  6. 06

    The chief of police answered that 29 of 44 sergeants and 9 of 14 commanders already work in field operations, that the vacancy rate is about 8 per cent against a 7.4 per cent average for comparable agencies, and that a freeze would cost the department people.

    6:22:56
    Public safetyLabor & workforce
    Explore this issue
    Related agenda item 29

    Discuss and Direct the City Manager to Direct Staff to Implement a Temporary Promotion Freeze for Police Management Until at Least…

    Open agenda item →

    Member positions

    Thai Viet Phan
    Thai Viet PhanOpposed

    Said overtime is a price worth paying to keep patrol staffed.

    6:24:40
    Jessie Lopez
    Jessie LopezOpposed

    Said a freeze signals instability and demoralises officers.

    6:07:30
    Phil Bacerra
    Phil BacerraOpposed

    Wanted the funded vacancies filled but not a freeze.

    6:22:28
    Benjamin Vazquez
    Benjamin VazquezRaised concerns

    Did not want hiring rushed at the cost of quality.

    6:06:20
    David Penaloza
    David PenalozaRaised concerns

    Asked for shift by shift staffing figures before supporting anything.

    5:59:07
    Valerie Amezcua
    Valerie AmezcuaSupported

    Brought the item, saying the department is top heavy and overtime is out of hand.

    5:32:03
  7. 07

    The city manager recommended against it, no member supported it, and several asked instead for a staffing report.

    6:14:58
    Public safetyLabor & workforce
    Explore this issue
    Related agenda item 29

    Discuss and Direct the City Manager to Direct Staff to Implement a Temporary Promotion Freeze for Police Management Until at Least…

    Open agenda item →

    Member positions

    Thai Viet Phan
    Thai Viet PhanOpposed

    Said overtime is a price worth paying to keep patrol staffed.

    6:24:40
    Jessie Lopez
    Jessie LopezOpposed

    Said a freeze signals instability and demoralises officers.

    6:07:30
    Phil Bacerra
    Phil BacerraOpposed

    Wanted the funded vacancies filled but not a freeze.

    6:22:28
    Benjamin Vazquez
    Benjamin VazquezRaised concerns

    Did not want hiring rushed at the cost of quality.

    6:06:20
    David Penaloza
    David PenalozaRaised concerns

    Asked for shift by shift staffing figures before supporting anything.

    5:59:07
    Valerie Amezcua
    Valerie AmezcuaSupported

    Brought the item, saying the department is top heavy and overtime is out of hand.

    5:32:03
  8. 08

    Golf course operators and players filled public comment against turning Riverview into parkland, saying it has been a cheap place to play since 1962 and that a fifth of its golfers are seniors.

    4:03:05
    Housing
    Explore this issue
    Related agenda item 2

    Public Hearing: Approve the Housing Authority Annual Plan

    Open agenda item →

    No named councilmember contribution could be reliably linked to this item.

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 “Hear From and Consider Appointing Fernando Delgado Nominated by Councilmember Hernandez as the Ward 5 Representative to the Police…”5:31:35

The appointment failed three votes to four, over whether social media posts shared by the nominee made him unable to sit fairly on a police oversight commission.

Valerie Amezcua
Valerie AmezcuaVoted no5:25:27

Asked about liability to the city and said the Vietnam post was personal to her.

Thai Viet Phan
Thai Viet PhanVoted no5:16:55

Feared a perceived bias would undermine the commission's findings on appeal.

Phil Bacerra
Phil BacerraVoted no5:12:42

Said the nominee's posts point towards dismantling the police department rather than improving it.

David Penaloza
David PenalozaVoted no5:31:18

Had said at the previous meeting he could not support the nomination.

Benjamin Vazquez
Benjamin VazquezVoted yes5:02:29

Seconded the appointment after asking what qualified him for the role.

Jessie Lopez
Jessie LopezVoted yes5:04:14

Called the process retaliation over political views.

Johnathan Ryan Hernandez
Johnathan Ryan HernandezVoted yes5:15:55

Nominated him and said the commission exists for people with different opinions.

Different reasoningon “Discuss and Direct the City Manager to Direct Staff to Implement a Temporary Promotion Freeze for Police Management Until at Least…”6:14:58

Whether to freeze police promotions until vacant officer posts are filled; the mayor found no support and no vote was taken.

Thai Viet Phan
Thai Viet PhanOpposed6:24:40

Said overtime is a price worth paying to keep patrol staffed.

Jessie Lopez
Jessie LopezOpposed6:07:30

Said a freeze signals instability and demoralises officers.

Phil Bacerra
Phil BacerraOpposed6:22:28

Wanted the funded vacancies filled but not a freeze.

Benjamin Vazquez
Benjamin VazquezRaised concerns6:06:20

Did not want hiring rushed at the cost of quality.

David Penaloza
David PenalozaRaised concerns5:59:07

Asked for shift by shift staffing figures before supporting anything.

Valerie Amezcua
Valerie AmezcuaSupported5:32:03

Brought the item, saying the department is top heavy and overtime is out of hand.

Public voice

Recurring resident concerns

Repeated themes only

This section omits one-off remarks. It appears only when several separate public-comment voice tracks return to the same topic, or repeated comments connect a councilmember with criticism or calls for accountability. It is not a representative survey of residents.

Labor & workforce4 recurring voice tracks

Several public comments returned to labor & workforce.

  • …community. And so why do we talk about raising a health care minimum wage to $25 an hour? because healthcare workers in Santa Ana are serving this community diligently and yet they cannot afford to live in the city that they serve. And I'm not just…

    4:15:51

  • …ask that I support them, that they can earn $25 a month, in minimum wage. Y les doy las gracias. Buenas noches. Gracias.

    4:20:21
Youth & education3 recurring voice tracks

Several public comments returned to youth & education.

  • …in a beautiful ceremony and a collaboration between the city, the school district, and the neighborhood associations. You see a picture of the unveiling, led by art created by artist Larry Gonzales, and this was done in honor of David Vasquez, a…

    3:40:31

  • …life, and I just think that's not fair. And there's high school students trying to get out there, trying to get more interactive with the sport. It's just not fair. So thank you again.

    4:06:22
Housing3 recurring voice tracks

Several public comments returned to housing.

  • …drugs. First Street has a serious drug problem. Now, we also have affordable housing for families. They live right next to me. We have affordable housing for seniors where I live. And we also have permanent supportive housing for it to help…

    3:57:44

  • …$21 an hour on average. When a $19 an hour employee goes to pay rent, it is 73% of their pre-taxed income in the city of Santa Ana to rent one bedroom apartment here in this city. And so how do we expect these people to continue to serve this…

    4:15:51
How recurring concerns are selected

The prototype groups unidentified speech inside the general public-comment block by transcript voice track. A topic must recur across at least three tracks; criticism involving a named councilmember must recur across at least two. Voice tracks are an approximation and may include interpretation of another speaker, so excerpts remain linked to the recording.

Agenda

Every item

34 items in agenda order

1
Closed Session Items

Closed-session labor negotiations with city employee organizations

Not located
Labor & workforce
  • The council met privately with its labour negotiator about talks with the city's employee groups.3:01:19
  • The city attorney reported no action that had to be announced.3:01:32
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

2
Closed Session Items

Closed-session conference with legal counsel

Not located
  • The council met privately about existing litigation against the city.3:01:19
Official agendaSupplied summaryNot located
Full official agenda title

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code: A. In re National Prescription Opiate Litigation , United States District Court (Northern District of Ohio), Case No. 1:17-md-02804

1
Ceremonial Presentations

Proclamation presented by Mayor Amezcua to OneLegacy declaring April as DMV/Donate Life Month

Not located
  • Mayor Amezcua presented a proclamation to OneLegacy declaring April Donate Life Month.3:07:21
  • A grandmother told the chamber about donating her sixteen month old grandson's organs after an accident.3:09:16
Official agendaSupplied summaryNot located
2
Ceremonial Presentations

Certificate of Recognition presented by Mayor Pro Tem Lopez to Tethos for 20 Years of Outstanding Contributions to the Community

Not located
  • Mayor Pro Tem Lopez presented a certificate to Tethos, a downtown creative agency, on its twentieth anniversary.3:15:45
Official agendaSupplied summaryNot located
3
Ceremonial Presentations

Proclamation presented by Councilmember Hernandez and Councilmember Vazquez to Latino Health Access declaring April as National…

Not located
  • Councilmember Hernandez and Councilmember Vazquez presented a proclamation to Latino Health Access declaring April National Child Abuse Prevention Month.3:23:08
Official agendaSupplied summaryNot located
Full official agenda title

Proclamation presented by Councilmember Hernandez and Councilmember Vazquez to Latino Health Access declaring April as National Child Abuse Prevention Month

4
Ceremonial Presentations

Certificates of Recognition presented by Councilmember Bacerra to Orange County Fire Authority and Santa Ana Police Department…

Not located
  • Councilmember Bacerra presented certificates to fire authority and police dispatchers, including three who had won awards at the fire authority's command centre.3:30:47
Official agendaSupplied summaryNot located
Full official agenda title

Certificates of Recognition presented by Councilmember Bacerra to Orange County Fire Authority and Santa Ana Police Department Dispatchers in Honor of National Public Safety Telecommunicators Week

5
Staff Presentations

Presentation from the Arts and Culture Commission

3:40:12
Arts & culture
  • The arts and culture commission set out its work, including $100,000 of one-off federal money shared between 31 arts events in 2022.3:43:30
  • Members asked how that funding could be made to continue once the federal money runs out.3:54:47
Official agendaSupplied summaryMatched to recording
6
Consent Calendar

Excused Absences

4:34:17
  • A routine item excusing members who missed earlier meetings, approved with the rest of the consent calendar.4:36:53
Official agendaSupplied summaryMatched to recordingCity Clerk’s Office
Official recommendation
  1. Excuse the absent members
7
Consent Calendar

Appoint Nicholas Ortiz Nominated by Councilmember Bacerra as the Ward 4 Representative to the Youth Commission for a Full-Term…

4:36:08
Youth & education
  • Nicholas Ortiz was appointed to the Youth Commission as the Ward 4 representative and sworn in.4:36:56
Official agendaSupplied summaryConsent blockCity Clerk’s Office
Full official agenda title

Appoint Nicholas Ortiz Nominated by Councilmember Bacerra as the Ward 4 Representative to the Youth Commission for a Full-Term Expiring December 8, 2026

Official recommendation
  1. Appoint Nicholas Ortiz to the Youth Commission as the Ward 4 representative and administer Oath of Office. (Pursuant to SAMC Sec. 2-326 (a) requires five affirmative votes)
8
Consent Calendar

Award a Purchase Order to Musco Sports Lighting, LLC in the Amount of $195,710 for LED Sports Lighting with Related Supplies and…

6:35:07
Parks & libraries
  • A purchase order of $195,710 to Musco Sports Lighting for LED floodlights.4:36:53
Official agendaSupplied summaryMatched to recordingPublic Works Agency
Full official agenda title

Award a Purchase Order to Musco Sports Lighting, LLC in the Amount of $195,710 for LED Sports Lighting with Related Supplies and Services (General Fund)

Official recommendation
  1. Authorize a one-time purchase order to Musco Sports Lighting, LLC for the purchase of LED sports lighting, control and monitoring system, and installation services for the George Upton All Access Playground and basketball courts at Thornton Park in the amount of $177,918, with a contingency of $17,792, for a total amount not to exceed $195,710, subject to non-substantive changes approved by the City Manager and the City Attorney
9
Consent Calendar

Award Purchase Order to Acco Engineered Systems in an Amount Not to Exceed $274,877 to replace HVAC at the Santa Ana Police Athletic…

4:36:08
  • A purchase order of up to $274,877 to Acco Engineered Systems to replace the heating and cooling plant at the police athletic league centre.4:36:53
Official agendaSupplied summaryConsent blockPolice Department
Full official agenda title

Award Purchase Order to Acco Engineered Systems in an Amount Not to Exceed $274,877 to replace HVAC at the Santa Ana Police Athletic & Activity League Center (General Fund)

Official recommendation
  1. Award a one-time purchase and payment to Acco Engineered Systems for a new heating, ventilation, and air conditioning (HVAC) system at the Santa Ana Police Athletic and Activity League Center, in the amount of $249,888, plus a 10-percent contingency of $24,989, for a total amount not to exceed $274,877, subject to non-substantive changes approved by the City Manager and City Attorney
  2. Approve an amendment to the Fiscal Year 2022-2023 Capital Improvement Program to include the Santa Ana Police Athletic and Activity League Center HVAC System Replacement project
10
Consent Calendar

Award Contract to Motorola Solutions, Inc. in the Amount of $471,570 for Motorola 800 MHz Communications System Equipment…

4:36:08
  • A contract of $471,570 with Motorola Solutions for radio equipment.4:36:53
Official agendaSupplied summaryConsent blockPolice Department
Full official agenda title

Award Contract to Motorola Solutions, Inc. in the Amount of $471,570 for Motorola 800 MHz Communications System Equipment (Specification No. 23-048) (General and Non-General Fund)

Official recommendation
  1. Award a blanket order contract to Motorola Solutions, Inc. for Motorola 800 MHz communications system equipment for a 14-month period expiring June 30, 2024 in an amount not to exceed $471,570, subject to non-substantive changes approved by the City Manager and City Attorney
11
Consent Calendar

Award a Construction Contract to AME Builders, Inc. in the Amount of $1,240,500 for the Salgado Community Center Improvements…

4:36:08
Environment & waterParks & libraries
  • A construction contract of $1,240,500 with AME Builders for improvements at the Salgado community centre.4:36:53
Official agendaSupplied summaryConsent blockPublic Works Agency
Full official agenda title

Award a Construction Contract to AME Builders, Inc. in the Amount of $1,240,500 for the Salgado Community Center Improvements Project FY 2022-23 Project with an Estimated Project Delivery Cost of $1,550,625 (Project No. 22-1377) (General Fund) (Revive Santa Ana Program)

Official recommendation
  1. Award a construction contract to AME Builders Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $1,240,500, for construction of the Salgado Community Center Improvements FY 2022-23, for the term beginning September 1, 2023 and ending December 31, 2023, and authorize the City Manager to execute the contract subject to non-substantive changes approved by the City Manager and the City Attorney
  2. Approve an amendment to the Fiscal Year 2022-23 Capital Improvement Program to include $1,387,759 in Revive funding for the Salgado Community Center Renovations Project. (Project No. 22-1377)
  3. Approve the Project Cost Analysis for a total estimated construction delivery cost of $1,550,625, which includes $1,240,500 for the construction contract, $186,075 for contract administration, inspection and testing, and a $124,050 project contingency for unanticipated or unforeseen work
  4. Determine these actions are exempt from further review in accordance with the California Environmental Quality Act as Categorical Exemption Environmental Review No. ER-2022-34 was filed for the project
12
Consent Calendar

Award an Construction Contract to MMC, Inc. in an Amount Not to Exceed $2,870,000 for the Restrooms at Riverview Park, Heritage…

4:36:08
Parks & librariesEnvironment & water
  • A construction contract of up to $2,870,000 with MMC to build new toilets at Riverview, Heritage, Windsor and Angels parks.4:42:43
  • Councilmember Hernandez welcomed the Angels Park facilities and Mayor Pro Tem Lopez thanked staff for including Riverview.4:41:41
Official agendaSupplied summaryConsent blockPublic Works Agency
Full official agenda title

Award an Construction Contract to MMC, Inc. in an Amount Not to Exceed $2,870,000 for the Restrooms at Riverview Park, Heritage Park, Windsor Park, and Angels Park Project with an Estimated Project Delivery Cost of $3,307,000 (Project Nos. 22-1348, 22-1349, 22-1350, & 22-1412) (Non-General Fund) (Revive Santa Ana Program)

Official recommendation
  1. Authorize the City Manager to execute a construction contract with MMC, Inc. to provide Design-Build services for demolition of existing restroom buildings, installation of new, pre-fabricated buildings, and associated site and utility work in the amount of $2,870,000, with a contingency of $287,000, for a three-year period from April 5, 2023 to April 4, 2026, with an option for two, one-year extensions, subject to non-substantive changes approved by the City Manager and City Attorney
  2. Approve an amendment to the Fiscal Year 2022-23 Capital Improvement Program for the Riverview Park, Heritage Park, Windsor Park, and Angels Park Restrooms Project to be funded from American Rescue Plan Act (ARPA) funds
  3. Determine the recommended actions are exempt from further review in accordance with the California Environmental Quality Act as Categorical Exemption Environmental Review No. ER-2023-28 was filed for this project
13
Consent Calendar

Grant an Easement to Southern California Edison to Allow Underground Power to Serve Traffic Signal (Non-General Fund)

1:05:27
Transportation
  • An easement to Southern California Edison for underground power to a traffic signal, pulled from the agenda by staff and due back on 2 May.3:05:53
Official agendaSupplied summaryClerk timestampPublic Works Agency
Official recommendation
  1. Authorize the City Manager to execute an Easement Deed granting Southern California Edison the right to own, place, and maintain power conduits and conductors underground to serve APN 016-035-14
14
Consent Calendar

Approve Purchase Agreement with Property Owner Garnsey Corp., in the amount of $750,000 for the Full Property Acquisition for the…

4:35:40
Parks & libraries
  • The purchase of 843 North Garnsey Street for $750,000.4:43:26
  • Councilmember Hernandez said it will make the planned Willard neighbourhood park larger.4:40:22
Official agendaSupplied summaryMatched to recordingCommunity Development Agency
Full official agenda title

Approve Purchase Agreement with Property Owner Garnsey Corp., in the amount of $750,000 for the Full Property Acquisition for the Real Property Located at 843 N. Garnsey Street (APN 005-142-02) for the 10th and Flower Park Project (Revive Santa Ana Program)

Official recommendation
  1. Authorize the City Manager to execute a purchase agreement with property owner Garnsey Corp, for the full property acquisition for the real property located at 843 N. Garnsey Street, also identified as APN 005-142-02, (Property) in the amount of $750,000, subject to non-substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-XXX)
15
Consent Calendar

Approve an Agreement with Merritt Studio in a total agreement amount not to exceed $145,000 to provide Graphic Design Services for…

4:36:08
Parks & libraries
  • An agreement of up to $145,000 with Merritt Studio for graphic design on the Cultura publication.4:36:53
Official agendaSupplied summaryConsent blockParks, Recreation, and Community Services
Full official agenda title

Approve an Agreement with Merritt Studio in a total agreement amount not to exceed $145,000 to provide Graphic Design Services for the Cultura Publication and Additional Design Services as Needed (General Fund)

Official recommendation
  1. Authorize the City Manager to execute an agreement with Merritt Studio, LLC to provide graphic design services for the Cultura publication and additional design services as needed, for a three-year term beginning on April 4, 2023 through April 3, 2026 with options for two one-year extensions, and a total agreement amount not to exceed $145,000, subject to non-substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-XXX)
16
Consent Calendar

Amend Agreement with Landscape West Management Services, Inc. to Increase the Contract Amount by $2,300,000 for Right-of-Way and…

4:36:08
  • An extra $2,300,000 for Landscape West to maintain verges and central reservations.4:36:53
Official agendaSupplied summaryConsent blockPublic Works Agency
Full official agenda title

Amend Agreement with Landscape West Management Services, Inc. to Increase the Contract Amount by $2,300,000 for Right-of-Way and Median Landscape Maintenance Services (Project No. 22-1309) (General Fund and Non-General Fund) (Revive Santa Ana Program)

Official recommendation
  1. Authorize the City Manager to execute the seventh amendment to the agreement for the second renewal option with Landscape West Management Services, Inc. for Right-of-Way and Median Landscape Maintenance Services to increase the contract amount by $2,300,000 for a total agreement amount not to exceed $8,222,000 for the remaining term of the agreement ending on June 30, 2025, subject to non-substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-XXX)
17
Consent Calendar

Approve an Appropriation Adjustment and Amend Agreement with Berg & Associates, Inc. for Construction Engineering Services for the…

4:36:08
Environment & waterBudget
  • An appropriation and a larger agreement with Berg and Associates for construction engineering on the Ritchey Street water improvements.4:36:53
Official agendaSupplied summaryConsent blockPublic Works Agency
Full official agenda title

Approve an Appropriation Adjustment and Amend Agreement with Berg & Associates, Inc. for Construction Engineering Services for the SR-55/Ritchey Street Water Improvements Projects by an additional $900,000 for the remainder of the Agreement Term (Project Nos. 19-6438, 19-6439, 19-6440) (Non-General Fund)

Official recommendation
  1. Authorize the City Manager to execute an amendment to the agreement with Berg & Associates, Inc. for Construction Engineering Services for the SR-55/Ritchey Street Water Improvements Projects to increase the compensation amount by $900,000, which includes a $780,000 increase to the base amount and a $120,000 contingency, for a total amount not to exceed $1,900,000 for the remainder of the term of the agreement, subject to non-substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-XXX)
  2. Approve an appropriation adjustment to recognize an additional $900,000 in the Acquisition & Construction, Water Utility Capital Projects, Expense Reimbursement-OCTA revenue account and appropriate the same amount into the Acquisition & Construction, Water Utility Capital Projects, Water Capital Project expenditure account. ( Requires five affirmative votes )
18
Consent Calendar

Amend Agreement with Sedaru, Inc. for Water System Computer Modeling and Engineering Services by an additional $50,000 for the…

4:36:08
Environment & water
  • An extra $50,000 for Sedaru for water system modelling and engineering.4:36:53
  • Councilmember Phan announced a recusal on this item.4:34:59
Official agendaSupplied summaryConsent blockPublic Works Agency
Full official agenda title

Amend Agreement with Sedaru, Inc. for Water System Computer Modeling and Engineering Services by an additional $50,000 for the remainder of the Agreement Term (Non-General Fund)

Official recommendation
  1. Authorize the City Manager to execute a First Amendment to the Agreement with Sedaru, Inc., formerly known as ID Modeling, Inc., for water system modeling and engineering services to increase the amount by $50,000, for a total not-to-exceed amount of $200,000 for the remainder of the term of the agreement, subject to non-substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-XXX)
19
Consent Calendar

Approve Agreements with Tetra Tech, Inc., Stantec Consulting Services, Inc., and EEC Environmental for On-Call Engineering Design…

4:36:08
Environment & water
  • On-call design agreements with three firms for treatment systems to remove forever chemicals from the water supply.4:36:53
Official agendaSupplied summaryConsent blockPublic Works Agency
Full official agenda title

Approve Agreements with Tetra Tech, Inc., Stantec Consulting Services, Inc., and EEC Environmental for On-Call Engineering Design Services for PFAS Treatment Systems in an Aggregate Amount Not to Exceed $3,000,000 for up to a Five-Year Term (Non-General Fund)

Official recommendation
  1. Authorize the City Manager to execute agreements with Tetra Tech, Inc., Stantec Consulting Services, Inc., and EEC Environmental to provide on-call engineering design services for PFAS treatment systems, for a shared aggregate amount not to exceed $3,000,000, for a three-year term beginning April 4, 2023 and expiring April 3, 2026, with provisions for two, one-year extensions, subject to non-substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-XXX)
20
Consent Calendar

Approve a Lease Agreement with Senate Rules Committee, California Legislature for Office Space at the Santa Ana Regional…

4:36:08
Budget
  • A four year lease of office space at the regional transportation centre to the state Senate Rules Committee.4:36:53
Official agendaSupplied summaryConsent blockPublic Works Agency
Full official agenda title

Approve a Lease Agreement with Senate Rules Committee, California Legislature for Office Space at the Santa Ana Regional Transportation Center for a Four-year Term for a Total Amount of $300,082

Official recommendation
  1. Authorize the City Manager to execute a site lease agreement with Senate Rules Committee, California Legislature to compensate the City $6,400 per month, with any partial month prorated at $206 per day, for the lease of 3,200 square feet of office space located at the Santa Ana Regional Transportation Center for a four-year term beginning on April 4, 2023 and ending February 28, 2027, for a total of $300,082 in lease revenue for the entire term of the agreement, subject to non-substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-XXX)
21
Consent Calendar

Approve Agreement with SenseMakers LLC, in the amount of $896,370, for Grant Project and Fiscal Coordinator Services (Non-General…

4:44:41
Public safety
  • A three year agreement of up to $896,370 with SenseMakers to manage a federal homeland security grant the city administers on behalf of the whole county.4:44:43
  • Councilmember Hernandez objected to working alongside Anaheim's police department, citing its record and what he called the terror it brought to Santa Ana the previous September.4:47:03
  • The city attorney reminded the council the item was the grant coordinator contract, and staff said regional training happens at the city's own facility rather than on its streets.4:48:52
  • It passed six votes to one.4:50:16
Official agendaSupplied summaryClerk timestampPolice Department
Full official agenda title

Approve Agreement with SenseMakers LLC, in the amount of $896,370, for Grant Project and Fiscal Coordinator Services (Non-General Fund)

Official recommendation
  1. Authorize the City Manager to execute a three-year professional services agreement with SenseMakers LLC for an on-site project and fiscal grant management coordinator services, for the period beginning June 1, 2023 through May 31, 2026, with a fourth- and fifth-year option in an amount not to exceed $896,370, subject to non-substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-XXX)
22
Consent Calendar

Approve an Agreement with PetData, Inc. for Animal Licensing Services for up to a Three-Year Term and Two One-Year Renewal Periods

4:36:08
  • An agreement with PetData for animal licensing services.4:36:53
Official agendaSupplied summaryConsent blockFinance and Management Services
Official recommendation
  1. Authorize the City Manager to execute an agreement with PetData, Inc. for animal licensing services for a three-year period, from April 4, 2023 through April 3, 2026, with two one-year extension periods, subject to non-substantive changes approved by the City Manager and City Attorney; there is a one-time start-up fee of $1,000 and an ongoing fee of $4.30 for each one-year license processed (Agreement No. 2023-XXX)
23
Consent Calendar

Adopt a Resolution Approving the Construction Installment Sale Agreement with the California State Water Resources Control Board for…

4:36:08
Environment & water
  • A resolution approving state water board financing for the septic to sewer island project.4:36:53
Official agendaSupplied summaryConsent blockPublic Works Agency
Full official agenda title

Adopt a Resolution Approving the Construction Installment Sale Agreement with the California State Water Resources Control Board for Financing of the Septic to Sewer Island Project (Non-General Fund)

Official recommendation
  1. Adopt Resolution No. 2023-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING A CONSTRUCTION INSTALLMENT SALE AGREEMENT WITH THE CALIFORNIA STATE WATER RESOURCES CONTROL BOARD IN CONNECTION WITH THE FINANCING OF THE SEPTIC TO SEWER ISLAND PROJECT AND AUTHORIZING CERTAIN OTHER RELATED ACTIONS (in an amount up to $1,529,220)
24
Consent Calendar

Adopt Resolution Accepting Grant Funds from the State Coastal Conservancy for Santiago Park Trail and Habitat Restoration Plan…

4:36:08
Environment & waterParks & libraries
  • A resolution accepting state coastal conservancy money for the Santiago Park trail and habitat restoration plan.4:36:53
Official agendaSupplied summaryConsent blockPublic Works Agency
Full official agenda title

Adopt Resolution Accepting Grant Funds from the State Coastal Conservancy for Santiago Park Trail and Habitat Restoration Plan (Non-General Fund)

Official recommendation
  1. Adopt Resolution No. 2023-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE GRANT OF FUNDS FROM THE STATE COASTAL CONSERVANCY FOR THE SANTIAGO PARK TRAIL AND HABITAT RESTORATION PLAN (in the amount of $400,000)
25
Consent Calendar

Adopt a Resolution to Approve the Tenant Relocation Plan for the Acquisition of Real Property at 206 and 208 South Flower Street

4:36:08
HousingEnvironment & water
  • A relocation plan for tenants of two properties on South Flower Street the city is acquiring.4:36:53
Official agendaSupplied summaryConsent blockPublic Works Agency
Official recommendation
  1. Adopt Resolution No. 2023-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE RELOCATION PLAN FOR THE DEVELOPMENT OF A NEW WATER WELL SITE (206 AND 208 SOUTH FLOWER STREET)
26
Consent Calendar

Fiscal Year 2022-23 Mid-Year Appropriation Requests

4:36:08
  • Mid-year appropriation requests, approved with the consent calendar.4:36:53
Official agendaSupplied summaryConsent blockFinance and Management Services
Official recommendation
  1. Approve the recommended Appropriation Adjustments. (Requires five affirmative votes)
27
Business Calendar

Nominate and Appoint Representatives and Alternates to the Santa Ana River Flood Protection Agency (SARFPA), the Southern California…

4:50:57
  • Appointments to three regional bodies, needed because one seat had never been filled and Councilmember Vazquez had resigned two others.4:50:59
  • Councilmember Vazquez took the river flood protection agency, with the public works director as his alternate.4:52:00
  • Mayor Amezcua took the regional planning association and the county council of governments, with Mayor Pro Tem Lopez as alternate on the latter.4:53:44
  • It passed seven votes to nothing.4:55:42
Official agendaSupplied summaryClerk timestampCity Clerk’s Office
Full official agenda title

Nominate and Appoint Representatives and Alternates to the Santa Ana River Flood Protection Agency (SARFPA), the Southern California Association of Governments (SCAG), and the Orange County Council of Governments (OCCOG)

Official recommendation
  1. Nominate and appoint a representative and alternate to the Santa Ana River Flood Protection Agency (SARFPA). Nominate and appoint a representative to the Southern California Association of Governments (SCAG) and the Orange County Council of Governments (OCCOG) and nominate and appoint an alternate to OCCOG. Nominate and appoint an alternate for purposes of the SCAG Regional Conference and General Assembly Business Meeting only. Direct the City Clerk to update and post the Fair Political Practices Commission (FPPC) Form 806 (Agency Report of Public Official Appointments) on the City’s website
28
Business Calendar

Hear From and Consider Appointing Fernando Delgado Nominated by Councilmember Hernandez as the Ward 5 Representative to the Police…

4:56:22
Police oversightYouth & education
Split voteSee member positions →
  • The council had continued this appointment from 21 March so the nominee could speak, and gave him four minutes with three minutes each in reply.4:56:25
  • Fernando Delgado described himself as a father, a former middle school teacher and vice president of his residents' association, and said the commission is meant to represent the diversity of the city.4:58:48
  • Asked whether he could be impartial, he said he could, and that he had to take responsibility for posts that are easy to misread when screenshotted out of context.5:09:25
  • Councilmember Bacerra pressed him on whether anyone had forced him to share the two images, and said he had seen many more posts showing bias.5:12:42
  • The nominee answered that the Vietnam post was a story he shared and should have carried more context, and that there was no evidence he had posted the second image himself.5:12:09
  • Councilmember Hernandez said an image had been presented as truth out of context and that the council was drifting towards political censorship.5:15:55
  • Mayor Pro Tem Lopez called it retaliation for political views and said the council had itself refused to set qualifications for this commission when it was created.5:04:14
  • Councilmember Phan said she believed him but feared a perceived bias would let a disciplined officer overturn the commission on appeal.5:16:55
  • Mayor Amezcua asked whether the appointment would expose the city to liability, and the city attorney answered that the commission only recommends and does not decide discipline.5:29:00
  • The appointment failed three votes to four.5:31:35
Official agendaSupplied summaryClerk timestampCity Clerk Office
Full official agenda title

Hear From and Consider Appointing Fernando Delgado Nominated by Councilmember Hernandez as the Ward 5 Representative to the Police Oversight Commission for a Full-Term Expiring December 10, 2024

Official recommendation
  1. Hear from Fernando Delgado, applicant and nominee to the Police Oversight Commission, Ward 5 Representative. Consider appointing Fernando Delgado to the Police Oversight Commission as the Ward 5 representative, and if appointed, administer the Oath of Office. (Requires five affirmative votes.)
29
Councilmember Requested Items

Discuss and Direct the City Manager to Direct Staff to Implement a Temporary Promotion Freeze for Police Management Until at Least…

5:31:58
Public safetyLabor & workforce
Different reasoningSee member positions →
  • Mayor Amezcua asked staff to freeze police sergeant and management promotions until ninety per cent of vacant officer posts are filled, saying the department is top heavy and leaning on overtime.5:32:03
  • She set out overtime running roughly two million dollars above budget across two years and questioned a sworn officer being assigned to social media.5:52:59
  • The city manager said she had received the mayor's report hours before publication and had struck out inaccurate material in it.5:41:34
  • The chief of police said 29 of 44 sergeants and 9 of 14 commanders are in field operations, that the vacancy rate is about 8 per cent against a 7.4 per cent average for twelve comparable agencies, and that a freeze would hit two bargaining groups and cost the department people.6:22:56
  • Councilmember Penaloza asked for a report on shift by shift staffing before he could support anything.5:59:07
  • Councilmember Vazquez said he did not want hiring rushed at the cost of quality.6:06:20
  • Mayor Pro Tem Lopez said a freeze signals instability and would demoralise officers, and asked the chief to send the council sourced crime figures.6:07:30
  • Councilmember Phan said the vacancies matter but overtime is a price worth paying to keep patrol staffed.6:24:40
  • Councilmember Bacerra said he only wants the funded posts filled and does not doubt the quality of the recruits.6:22:28
  • The city manager recommended against a freeze, and no vote was taken.6:14:58
Official agendaSupplied summaryClerk timestamp
Full official agenda title

Discuss and Direct the City Manager to Direct Staff to Implement a Temporary Promotion Freeze for Police Management Until at Least 90 Percent of the Current Vacant Police Officer Positions are Filled – Mayor Amezcua

1
Council Comments Ab1234 Disclosure

March 31 – April 1, 2023 Mayor Pro Tem Lopez – WELL 11 th Annual Statewide Conference in Van Nuys, CA

Not located
  • A travel disclosure listed on the agenda for Mayor Pro Tem Lopez's attendance at a statewide conference in Van Nuys at the end of March.3:05:53
Official agendaSupplied summaryNot located
1
Consent Calendar

Excused Absences

11:29
Housing
  • A routine item excusing absent housing authority members, not reached because the housing authority meeting was cancelled.3:05:37
Official agendaSupplied summaryConsent blockCity Clerk’s Office
Official recommendation
  1. Excuse the absent members
2
Business Calendar

Public Hearing: Approve the Housing Authority Annual Plan

10:49
Housing
  • The public hearing on the housing authority annual plan was put off, the housing authority meeting having been cancelled for the evening.3:05:37
Official agendaSupplied summaryClerk timestampCommunity Development Agency
Full official agenda title

Public Hearing: Approve the Housing Authority Annual Plan Legal Notice published in the Orange County Register, La Opinion and Nguoi Viet on February 16, 2023

Official recommendation
  1. Conduct a public hearing in consideration of the approval and submission of the Housing Authority Annual Plan to the United States Department of Housing and Urban Development
  2. Adopt Resolution No. 2023-XXX A R ESO LUT IO N O F TH E H O U SI N G A UTH O R I T Y O F TH E C I T Y O F S A NT A A N A A PP R OVI N G TH E S UBM ISSIO N O F TH E A NNU A L P L A N F O R F IS C A L Y E A R 2023 - 2024
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