SA PulseSanta Ana Council Record
19September
2023
Regular City Council Meeting · One key issue

The police policy manual contract, which tied three to three on 29 August with the mayor absent, came back and passed four votes to three.

Check this moment · 4:25:32
6.2 hours 32 agenda items 31 located in video 59% attributed to a named speaker
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Brief

What happened

Tuesday, September 19, 2023

  1. 01

    Councilmember Penaloza called it a tool and a library for the department, working inside the city's existing checks.

    4:23:36
    Police oversight
    Explore this issue
    Related agenda item 20

    Approve Master Service Agreement with Lexipol, LLC to provide Policy Manual Maintenance and Support to the Police Department…

    Open agenda item →

    Member positions

    Benjamin Vazquez
    Benjamin VazquezVoted no

    Voted against the agreement.

    4:25:32
    Jessie Lopez
    Jessie LopezVoted no

    Voted against the agreement.

    4:25:32
    Johnathan Ryan Hernandez
    Johnathan Ryan HernandezVoted no

    Held to his objection that a private company should not write life and death policy.

    4:25:14
    Valerie Amezcua
    Valerie AmezcuaVoted yes

    Seconded the substitute motion to approve as presented.

    4:25:32
    Thai Viet Phan
    Thai Viet PhanVoted yes

    Supported it while asking that policy changes still come back to the council or the oversight commission.

    4:23:27
    Phil Bacerra
    Phil BacerraVoted yes

    Voted to approve the agreement.

    4:25:32
    David Penaloza
    David PenalozaVoted yes

    Moved it, calling the manual a tool and a library the department uses within existing checks.

    4:23:36
  2. 02

    Councilmember Phan asked that changes to key policies still come back to the council or the police oversight commission.

    4:23:27
    Police oversight
    Explore this issue
    Related agenda item 20

    Approve Master Service Agreement with Lexipol, LLC to provide Policy Manual Maintenance and Support to the Police Department…

    Open agenda item →

    Member positions

    Benjamin Vazquez
    Benjamin VazquezVoted no

    Voted against the agreement.

    4:25:32
    Jessie Lopez
    Jessie LopezVoted no

    Voted against the agreement.

    4:25:32
    Johnathan Ryan Hernandez
    Johnathan Ryan HernandezVoted no

    Held to his objection that a private company should not write life and death policy.

    4:25:14
    Valerie Amezcua
    Valerie AmezcuaVoted yes

    Seconded the substitute motion to approve as presented.

    4:25:32
    Thai Viet Phan
    Thai Viet PhanVoted yes

    Supported it while asking that policy changes still come back to the council or the oversight commission.

    4:23:27
    Phil Bacerra
    Phil BacerraVoted yes

    Voted to approve the agreement.

    4:25:32
    David Penaloza
    David PenalozaVoted yes

    Moved it, calling the manual a tool and a library the department uses within existing checks.

    4:23:36
  3. 03

    Councilmember Phan won majority direction to draft a ballot measure for November 2024 affirming the rent stabilization and just cause eviction ordinance, with future changes needing a supermajority.

    4:47:50
    HousingGovernanceLocal business
    Explore this issue
    Related agenda item 26

    Discuss and Consider Directing the City Attorney to Prepare a City Council-Initiated Ballot Measure for Voter Approval Affirming the…

    Open agenda item →

    What councilmembers said

    Representative transcript excerpts—not inferred positions.

    David Penaloza
    David PenalozaCouncilmember

    Thank you, Mayor Ameskua. The reason I felt it's important to agenda is this item was to continue to promote policies that will promote public safety in our city and improve quality of life. As we all are aware, street takeovers and have been running rampant…

    4:53:25
    Jennifer L. Hall
    Jennifer L. HallCity Clerk

    So I see no other speakers. Madam City Manager, I'm actually in support of Council Member Penelosa's request that we create an ad hoc and we bring it all to the table instead of picking, cherry picking and what we're going to bring in 24 and bring it now…

    4:47:00
    Sonia R. Carvalho
    Sonia R. CarvalhoCity Attorney

    like that discussion is not part of what was agenda is for here but I'd be happy to speak with the mayor about that process and she can without a vote of the council appoint an ad hoc committee with city manager staff and the city attorney's office so we can…

    4:49:25
    Phil Bacerra
    Phil BacerraCouncilmember

    Councilmember Becerra. Thank you, Madam Mayor. It has been a standard practice of the City Council here to convene a Charter Amendment Review Ad Hoc Committee to explore possible charter amendments that could possibly be brought forward to the voters at a…

    4:42:29
  4. 04

    Councilmember Penaloza won direction for an ordinance banning spectators at street takeovers, once the definition of a spectator is settled.

    5:14:29
    Explore this issue
    Related agenda item 27

    Discuss and Consider Directing the City Manager to Bring Back at the Next Regularly Scheduled Meeting a Fully Enforceable Ordinance…

    Open agenda item →

    What councilmembers said

    Representative transcript excerpts—not inferred positions.

    Jennifer L. Hall
    Jennifer L. HallCity Clerk

    that information thank you so then the way it is written now you're not in supportive. That's what I'm hearing. No, no. I didn't hear that. Can you clarify? So here's where the confusion lies for me. I'm not confused. Hold on. I need to say something and then…

    5:13:33
    Jessie Lopez
    Jessie LopezMayor Pro Tem

    Yes, thank you, Mayor, and thank you to Councilmember Peñalosa for bringing this item forward because, first, I want to say for the record that I do not support, condone, or excuse street takeovers or spectator participation. I don't even like the Fast and…

    4:56:33
    David Penaloza
    David PenalozaCouncilmember

    protest. This ordinance will only be applicable to people that knowingly are participating in illegal activity as it relates to street takeovers and racing. The hope is that this will be a tool our police officers and our police Department can use to deter the…

    4:54:45
    Johnathan Ryan Hernandez
    Johnathan Ryan HernandezCouncilmember

    Councilman Hernandez thank you mayor Mescua I want to thank my colleagues for bringing this item forward public safety is a topic that we frequently talk about here at the City Council and I want to center my dialogue on victims because that's the reason why…

    4:59:44
  5. 05

    Councilmember Hernandez and Councilmember Vazquez asked for options to put noncitizen voting to the electorate in November 2024.

    5:16:34
    ImmigrationGovernance
    Explore this issue
    Related agenda item 28

    Discuss and Consider Directing the City Manager and the City Attorney to Prepare for the City Council’s Consideration Resolution…

    Open agenda item →

    What councilmembers said

    Representative transcript excerpts—not inferred positions.

    Jennifer L. Hall
    Jennifer L. HallCity Clerk

    Madam City Attorney, I'm going to have the last comment here because nobody else's hand is up. And then hopefully the city manager will have some direction. But I want to read something to you out loud, Madam City Attorney, you can confirm. This is from the…

    5:30:45
    Sonia R. Carvalho
    Sonia R. CarvalhoCity Attorney

    You've received a lot of comments tonight. You know, lawyers can always have different opinions. I respect that. You're exactly right. But what I can share with you, and I actually think I brought it with me this evening because I think the one letter we…

    5:33:24
    Johnathan Ryan Hernandez
    Johnathan Ryan HernandezCouncilmember

    Thank you, Madam. I sincerely appreciate the differences of opinion that we share, and that's the beautiful thing about our city charter, is that it's going to be a fair, equitable, and democratic process where the voters will be able to decide. so that if…

    5:27:12
    Thai Viet Phan
    Thai Viet PhanCouncilmember

    Anyway, so it is going to be our second annual mid-autumn festival at Centennial Park. I am very excited. I am so appreciative that the members of this City Council support that item. I know that it's going to be bigger and even better than last year, and we…

    6:00:01
  6. 06

    The city attorney set out the difference between an advisory question and a charter amendment directing the council to implement it, and staff were asked to bring options back.

    5:47:25
    ImmigrationGovernance
    Explore this issue
    Related agenda item 28

    Discuss and Consider Directing the City Manager and the City Attorney to Prepare for the City Council’s Consideration Resolution…

    Open agenda item →

    What councilmembers said

    Representative transcript excerpts—not inferred positions.

    Jennifer L. Hall
    Jennifer L. HallCity Clerk

    Madam City Attorney, I'm going to have the last comment here because nobody else's hand is up. And then hopefully the city manager will have some direction. But I want to read something to you out loud, Madam City Attorney, you can confirm. This is from the…

    5:30:45
    Sonia R. Carvalho
    Sonia R. CarvalhoCity Attorney

    You've received a lot of comments tonight. You know, lawyers can always have different opinions. I respect that. You're exactly right. But what I can share with you, and I actually think I brought it with me this evening because I think the one letter we…

    5:33:24
    Johnathan Ryan Hernandez
    Johnathan Ryan HernandezCouncilmember

    Thank you, Madam. I sincerely appreciate the differences of opinion that we share, and that's the beautiful thing about our city charter, is that it's going to be a fair, equitable, and democratic process where the voters will be able to decide. so that if…

    5:27:12
    Thai Viet Phan
    Thai Viet PhanCouncilmember

    Anyway, so it is going to be our second annual mid-autumn festival at Centennial Park. I am very excited. I am so appreciative that the members of this City Council support that item. I know that it's going to be bigger and even better than last year, and we…

    6:00:01
  7. 07

    Councilmember Bacerra said the timetable being asked for is unrealistic and called it a political exercise.

    5:50:27
    ImmigrationGovernance
    Explore this issue
    Related agenda item 28

    Discuss and Consider Directing the City Manager and the City Attorney to Prepare for the City Council’s Consideration Resolution…

    Open agenda item →

    What councilmembers said

    Representative transcript excerpts—not inferred positions.

    Jennifer L. Hall
    Jennifer L. HallCity Clerk

    Madam City Attorney, I'm going to have the last comment here because nobody else's hand is up. And then hopefully the city manager will have some direction. But I want to read something to you out loud, Madam City Attorney, you can confirm. This is from the…

    5:30:45
    Sonia R. Carvalho
    Sonia R. CarvalhoCity Attorney

    You've received a lot of comments tonight. You know, lawyers can always have different opinions. I respect that. You're exactly right. But what I can share with you, and I actually think I brought it with me this evening because I think the one letter we…

    5:33:24
    Johnathan Ryan Hernandez
    Johnathan Ryan HernandezCouncilmember

    Thank you, Madam. I sincerely appreciate the differences of opinion that we share, and that's the beautiful thing about our city charter, is that it's going to be a fair, equitable, and democratic process where the voters will be able to decide. so that if…

    5:27:12
    Thai Viet Phan
    Thai Viet PhanCouncilmember

    Anyway, so it is going to be our second annual mid-autumn festival at Centennial Park. I am very excited. I am so appreciative that the members of this City Council support that item. I know that it's going to be bigger and even better than last year, and we…

    6:00:01
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 Master Service Agreement with Lexipol, LLC to provide Policy Manual Maintenance and Support to the Police Department…”4:25:32

The police policy manual contract passed four votes to three at the second attempt, over objections that a private firm should not be writing policy for the department.

Benjamin Vazquez
Benjamin VazquezVoted no4:25:32

Voted against the agreement.

Jessie Lopez
Jessie LopezVoted no4:25:32

Voted against the agreement.

Johnathan Ryan Hernandez
Johnathan Ryan HernandezVoted no4:25:14

Held to his objection that a private company should not write life and death policy.

Valerie Amezcua
Valerie AmezcuaVoted yes4:25:32

Seconded the substitute motion to approve as presented.

Thai Viet Phan
Thai Viet PhanVoted yes4:23:27

Supported it while asking that policy changes still come back to the council or the oversight commission.

Phil Bacerra
Phil BacerraVoted yes4:25:32

Voted to approve the agreement.

David Penaloza
David PenalozaVoted yes4:23:36

Moved it, calling the manual a tool and a library the department uses within existing checks.

Agenda

Every item

32 items in agenda order

1
Closed Session Items

Closed-session conference with legal counsel

Not located
  • The council met privately about existing litigation, with one member abstaining on part of it.18:44
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. 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

1
Ceremonial Presentations

Certificates of Recognition presented by Councilmember Phan to Sunburst Youth Challenge Academy Cadets for Academic…

1:25:40
  • Councilmember Phan presented certificates to cadets of the Sunburst Youth Challenge Academy.18:44
Official agendaSupplied summaryClerk timestamp
Full official agenda title

Certificates of Recognition presented by Councilmember Phan to Sunburst Youth Challenge Academy Cadets for Academic Excellence/Accomplishments

2
Ceremonial Presentations

City Tile presented by Mayor Amezcua to the Sahuayo City Council for their Commitment to Fostering a Sister City relationship with…

1:10:09
  • Mayor Amezcua presented a city tile to the council of Sahuayo, the city's new sister city in Michoacan.18:44
Official agendaSupplied summaryClerk timestamp
Full official agenda title

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
Ceremonial Presentations

Certificates of Recognition presented by Mayor Pro Tem Lopez to the City’s Housing Division Team for Outstanding Contributions to…

1:40:38
  • Mayor Pro Tem Lopez presented certificates to the city's housing division team.18:44
Official agendaSupplied summaryClerk timestamp
Full official agenda title

Certificates of Recognition presented by Mayor Pro Tem Lopez to the City’s Housing Division Team for Outstanding Contributions to the Community

4
Staff Presentations

Informational Briefing and Update on PFAS Cleanup by Orange County Water District

1:49:25
Environment & water
  • A briefing from the Orange County Water District on cleaning up forever chemicals in the groundwater.3:53:52
Official agendaSupplied summaryClerk timestamp
—
Public Comment

Correspondence – Non-Agenda

2:04:18
  • Correspondence received on non-agenda matters.3:53:52
Official agendaSupplied summaryConsent block
5
Consent Calendar

Excused Absences

3:52:23
  • A routine item excusing members who missed earlier meetings, approved with the rest of the consent calendar.3:53:52
Official agendaSupplied summaryMatched to recordingCity Clerk’s Office
Official recommendation
  1. Excuse the absent members
6
Consent Calendar

Appoint Gabriel Castillo Laughton Nominated by Mayor Pro Tem Lopez as the Ward 3 Representative to the Police Oversight Commission…

3:52:29
Police oversight
  • Gabriel Castillo Laughton was appointed to the police oversight commission as the Ward 3 representative.3:53:52
Official agendaSupplied summaryConsent blockCity Clerk’s Office
Full official agenda title

Appoint Gabriel Castillo Laughton Nominated by Mayor Pro Tem Lopez as the Ward 3 Representative to the Police Oversight Commission for a Full-Term Expiring December 10, 2024

Official recommendation
  1. Appoint Gabriel Castillo Laughton to the Police Oversight Commission as the Ward 3 representative and administer the Oath of Office
7
Consent Calendar

Minutes from the Special Closed Session and Regular Meeting of December 20, 2022

3:52:29
  • The written record of the meeting of 20 December 2022.3:53:52
Official agendaSupplied summaryConsent blockCity Clerk’s Office
Official recommendation
  1. Approve minutes
8
Consent Calendar

Approve Destruction of Obsolete City Records

3:52:29
  • Authorisation to destroy obsolete city records.3:53:52
Official agendaSupplied summaryConsent blockFinance and Management Services
Official recommendation
  1. 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
9
Consent Calendar

Approve Appropriation Adjustment to Carry Over Unspent Amounts from Fiscal Year 2022-23 to Fiscal Year 2023-24

3:52:29
  • An appropriation carrying unspent money from last year into this one.3:53:52
Official agendaSupplied summaryConsent blockFinance and Management Services
Official recommendation
  1. Approve an Appropriation Adjustment to reduce the FY 2022-23 budget for unspent amounts to be carried over to FY 2023-24. (Requires five affirmative votes)
  2. Approve an Appropriation Adjustment to increase the FY 2023-24 budget for amounts carried forward from FY 2022-23. (Requires five affirmative votes)
10
Consent Calendar

Approve an Appropriation Adjustment Accepting the Board of State and Community Corrections Officer Wellness and Mental Health Grant…

3:52:29
BudgetPublic safety
  • An appropriation accepting state money for an officer wellness programme.3:53:52
Official agendaSupplied summaryConsent blockPolice Department
Full official agenda title

Approve an Appropriation Adjustment Accepting the Board of State and Community Corrections Officer Wellness and Mental Health Grant Program

Official recommendation
  1. 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
Consent Calendar

Approve an Appropriation Adjustment to Recognize Measure M2 Grant Funding and Amend the Fiscal Year 2023-24 Capital Improvement…

3:52:29
BudgetTransportation
  • An appropriation recognising county transport grant money and amending the capital programme.3:53:52
Official agendaSupplied summaryConsent blockPublic Works Agency
Full official agenda title

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)

Official recommendation
  1. Approve an 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
Consent Calendar

Approve an Appropriation Adjustment, Cooperative Cost Reimbursement Agreement with the City of Garden Grove, and Award a…

3:52:29
BudgetTransportationEnvironment & water
  • An appropriation and a cost sharing agreement with the city of Garden Grove.3:53:52
Official agendaSupplied summaryConsent blockPublic Works Agency
Full official agenda title

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 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)

Official recommendation
  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-XXX)
  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
13
Consent Calendar

Approve an Appropriation Adjustment and Award a Construction Contract to Legion Contractors, Inc. in the Amount of $3,366,625 for…

3:56:07
BudgetHousingEnvironment & water
  • An appropriation and a construction contract with Legion Contractors.3:53:52
Official agendaSupplied summaryClerk timestampPublic Works Agency
Full official agenda title

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)

Official recommendation
  1. 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
14
Consent Calendar

Approve an Amendment to the Fiscal Year 2023-24 Capital Improvement Program for $53,000 and Award a Construction Contract to Hardy &…

3:52:29
TransportationEnvironment & water
  • A $53,000 capital amendment and a construction contract.3:53:52
Official agendaSupplied summaryConsent blockPublic Works Agency
Full official agenda title

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)

Official recommendation
  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 in accordance with the California Environmental Quality Act as Categorical Exemption Environmental Review No. ER-2023-35 was filed for the project
15
Consent Calendar

Approve Agreements with Interwest Consulting Group, Inc. and Epic Land Solutions, Inc. for On-Call Right-of-Way Coordination…

3:52:29
  • On-call right of way agreements with two firms.3:53:52
Official agendaSupplied summaryConsent blockPublic Works Agency
Full official agenda title

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)

Official recommendation
  1. 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 (Agreement No. 2023-XXX)
16
Consent Calendar

Amend the Agreement with Elliott Auto Supply Co., Inc. dba Factory Motor Parts by Increasing the Existing Agreement by an Annual…

3:52:29
  • A larger agreement with Factory Motor Parts for vehicle parts.3:53:52
Official agendaSupplied summaryConsent blockPublic Works Agency
Full official agenda title

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)

Official recommendation
  1. 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-XXX)
17
Consent Calendar

Approve Agreements with Enterprise Automation, Northern Digital, Inc., and SOFFA Electric, Inc. to Provide Functional Specifications…

3:52:29
  • Agreements with three firms for control system work.3:53:52
Official agendaSupplied summaryConsent blockPublic Works Agency
Full official agenda title

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)

Official recommendation
  1. 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 Attorney (Agreement No. 2023-XXX)
18
Consent Calendar

Approve the First Amendment to the IPS Group, Inc. Agreement for Increased Monthly Smart Parking Meters Service Cost, Warranty…

3:53:05
Transportation
  • A first amendment to the smart parking meter agreement, with Councilmember Phan recused because the firm is a client of her employer.3:53:05
Official agendaSupplied summaryMatched to recordingCommunity Development Agency
Full official agenda title

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)

Official recommendation
  1. 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-XXX)
19
Consent Calendar

Approve an Agreement with Empower Annuity Insurance Company for Administrative, Recordkeeping, and Communication Services Pertaining…

3:52:29
  • An agreement with Empower Annuity Insurance for recordkeeping on employee retirement plans.3:53:52
Official agendaSupplied summaryConsent blockFinance and Management Services
Full official agenda title

Approve an Agreement with Empower Annuity Insurance Company for Administrative, Recordkeeping, and Communication Services Pertaining to the 457 Deferred Compensation Plan

Official recommendation
  1. 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-XXX)
20
Consent Calendar

Approve Master Service Agreement with Lexipol, LLC to provide Policy Manual Maintenance and Support to the Police Department…

4:00:40
Police oversight
Split voteSee member positions →
  • The three year policy manual agreement with Lexipol for the police department, back after tying three to three on 29 August.4:23:27
  • Councilmember Phan asked that substantive policy changes still return to the council or the police oversight commission.4:23:27
  • Councilmember Penaloza described it as a tool and a library the department uses within the city's own checks and balances.4:23:36
  • It passed four votes to three, with Councilmember Hernandez, Councilmember Vazquez and Mayor Pro Tem Lopez against.4:25:32
Official agendaSupplied summaryClerk timestampPolice Department
Full official agenda title

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)

Official recommendation
  1. 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-XXX)
21
Consent Calendar

Second Extension of Site Plan Review No. 2020-04 for the Central Pointe Mixed-Use Project to be Located at 1801 East Fourth Street

3:53:13
Land useEnvironment & water
  • A second extension of the site plan review for the Central Pointe mixed use project, with Councilmember Phan recused.3:53:13
Official agendaSupplied summaryMatched to recordingPlanning and Building Agency
Official recommendation
  1. Adopt a resolution approving a second one-year extension of Site Plan Review No. 2020-04 to November 9, 2024. RESOLUTION NO. 2023-XXX 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)
22
Consent Calendar

Resolutions Supporting Orange County Water District’s Submission of a Grant Application for Wells 27 and 28 PFAS Treatment System…

1:49:42
Environment & waterLand use
  • Resolutions supporting the water district's grant application for treatment at two wells, with Councilmember Phan recused.3:53:05
Official agendaSupplied summaryMatched to recordingPublic Works Agency
Full official agenda title

Resolutions Supporting Orange County Water District’s Submission of a Grant Application for Wells 27 and 28 PFAS Treatment System Project

Official recommendation
  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 Project. RESOLUTION NO. 2023-XXX 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 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-XXX 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)
23
Consent Calendar

Councilmember-Requested Item Policy

4:26:09
  • The councilmember requested item policy, pulled by Councilmember Bacerra, who thanked staff for drafting it and Councilmember Phan for raising it a year earlier.4:26:00
Official agendaSupplied summaryClerk timestampCity Manager’s Office
Official recommendation
  1. Adopt a resolution approving the City Council Policy Regarding Councilmember-Requested Items. RESOLUTION NO. 2023-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE CITY COUNCIL POLICY REGARDING COUNCILMEMBER-REQUESTED ITEMS
24
Consent Calendar

Final adoption: Ordinance Amending Article VII, Prima Facie Speed Limits, of Chapter 36 of the Santa Ana Municipal Code Establishing…

4:30:15
  • Second reading of the ordinance setting speed limits on a number of streets, with majority support for posted limits next to schools.4:35:02
  • It passed seven votes to nothing.4:37:27
Official agendaSupplied summaryClerk timestampPublic Works Agency
Full official agenda title

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

Official recommendation
  1. 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 – 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
25
Public Hearings Public Comments

Public Hearing: Consolidated Annual Performance and Evaluation Report for Fiscal Year 2022-23 (Community Development Block Grant…

2:01:31
  • A hearing on the annual performance report for the city's federal housing and community development grants.2:03:47
  • It passed seven votes to nothing.2:03:48
Official agendaSupplied summaryClerk timestampCommunity Development Agency
Full official agenda title

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

Official recommendation
  1. Authorize submission of the Consolidated Annual Performance and Evaluation Report to the U.S. Department of Housing and Urban Development
26
Councilmember Requested Items

Discuss and Consider Directing the City Attorney to Prepare a City Council-Initiated Ballot Measure for Voter Approval Affirming the…

4:40:04
HousingGovernanceLocal business
  • Councilmember Phan asked the city attorney to prepare a council-initiated ballot measure for November 2024 affirming the rent stabilization and just cause eviction ordinance.4:40:32
  • She asked that it allow future amendments by a supermajority in the way the cannabis ordinance does.4:40:59
  • Mayor Amezcua noted an ad hoc committee already exists from previous practice.4:40:11
  • Staff recorded majority direction to bring something back.4:47:50
Official agendaSupplied summaryClerk timestamp
Full official agenda title

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 for the November 2024 General Presidential Election – Councilmember Phan

27
Councilmember Requested Items

Discuss and Consider Directing the City Manager to Bring Back at the Next Regularly Scheduled Meeting a Fully Enforceable Ordinance…

4:53:27
  • Councilmember Penaloza asked for an enforceable ordinance banning spectators at illegal street races and takeovers, naming junctions in three wards where they happen weekly.4:53:28
  • He agreed to the second meeting in October to allow for drafting time.4:56:18
  • The city manager recorded majority support once the definition of a spectator is settled.5:14:29
Official agendaSupplied summaryClerk timestamp
Full official agenda title

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

28
Councilmember Requested Items

Discuss and Consider Directing the City Manager and the City Attorney to Prepare for the City Council’s Consideration Resolution…

5:16:00
ImmigrationGovernance
  • Councilmember Hernandez and Councilmember Vazquez asked for options to put noncitizen voting in council and mayoral elections to the electorate in November 2024, with a cost and implementation analysis.5:16:02
  • Councilmember Hernandez set the request against the country's history with people of colour.5:16:34
  • Councilmember Vazquez said a large share of residents live under decisions they cannot vote on, which is undemocratic.5:19:47
  • A member raised the risk that registering to vote could harm someone's immigration position.5:24:43
  • The city attorney distinguished an advisory question from a charter amendment directing the council to implement noncitizen voting so far as the law allows.5:47:25
  • Councilmember Bacerra said the timescale being asked for is unrealistic and called the exercise political.5:50:27
  • The city manager summarised a solid majority for the item as presented, one firm no and an ad hoc committee suggested, and asked to bring options back.5:51:54
Official agendaSupplied summaryClerk timestamp
Full official agenda title

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

1
Council Comments Ab1234 Disclosure

September 7 – 8, 2023 Councilmember Phan – 2023 Asian American Pacific Islander Leadership Summit in Sacramento, CA

5:59:19
  • Councilmember Phan reported attending the Asian American and Pacific Islander leadership summit in Sacramento in early September.5:59:11
Official agendaSupplied summaryConsent block
2
Council Comments Ab1234 Disclosure

September 7 – 9, 2023 Mayor Pro Tem Lopez – Local Progress 2023 National Convening in St. Louis, MO

5:59:19
  • Mayor Pro Tem Lopez reported attending a national convening in St Louis in early September.3:53:52
Official agendaSupplied summaryConsent block
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