19March
2024
Regular City Council Meeting · One key issue

It could not agree on adding police department positions: one motion failed, a second tied three to three, and the council settled for approving a deputy city manager and a human resources analyst only.

Check this moment · 7:10:25
7.9 hours 30 agenda items 24 located in video 44% attributed to a named speaker
Brief

What happened

Tuesday, March 19, 2024

  1. 01

    At eleven o'clock it voted five to one to finish one final item and adjourn, continuing the rest to April.

    7:39:44
    Explore this issue
    Related agenda item 25

    Youth Commission Informational Report

    Open agenda item →

    What councilmembers said

    Representative transcript excerpts—not inferred positions.

    Johnathan Ryan Hernandez
    Johnathan Ryan HernandezCouncilmember

    the First Amendment right is because I understand that as an elected official, my career could have been a lot better for me if I would have worked with the POA if I would have been afraid of their tactics to block my driveway put out bolos maybe I'd have a…

    7:42:53
    Valerie Amezcua
    Valerie AmezcuaMayor

    But like many of us up here said, we've all had our experiences. I've had mine. And I'm like Councilman Hernandez. I'm not afraid to be in my home and I'm not afraid to be out in the streets. But I would say that I don't want Congressman Correa's neighbors to…

    7:48:41
    David Penaloza
    David PenalozaCouncilmember

    But I have a good working relationship with our congressmember, BUT THE REALITY IS THAT I COULDN'T CARE LESS ABOUT THE INCONVENIENCE THAT HE IS PERSONALLY HAVING. BECAUSE IT COMES WITH THE TERRITORY. COUNCIL MEMBER LOPEZ, ALL THE INFRINGEMENT ON YOUR RIGHTS…

    7:44:41
    Sonia R. Carvalho
    Sonia R. CarvalhoCity Attorney

    To amend your noise ordinance might be a little problematic only because your ordinance requires us to read decibels. and when you're in a crowd among you know many people it might be difficult to identify a single person who's making the noise at that 55…

    7:50:44
  2. 02

    That final item was an ordinance setting distance requirements for picketing outside homes.

    7:37:18
    Explore this issue
    Related agenda item 24

    Ordinance Establishing Distance Requirements for Targeted Residential Picketing

    Open agenda item →

    Member positions

    Benjamin Vazquez
    Benjamin VazquezVoted no

    Seconded the motion to reject.

    7:52:12
    Jessie Lopez
    Jessie LopezVoted no

    Voted to reject the ordinances.

    7:52:26
    Johnathan Ryan Hernandez
    Johnathan Ryan HernandezVoted no

    Moved not to approve either ordinance.

    7:51:53
    Phil Bacerra
    Phil BacerraVoted yes

    Voted against rejecting them.

    7:52:18
    David Penaloza
    David PenalozaVoted yes

    Voted against rejecting them.

    7:52:26
  3. 03

    Councilmember Hernandez moved to reject it; that motion tied three to three and failed, and the meeting was adjourned — so the ordinance was neither adopted nor rejected.

    7:52:12
    Explore this issue
    Related agenda item 24

    Ordinance Establishing Distance Requirements for Targeted Residential Picketing

    Open agenda item →

    Member positions

    Benjamin Vazquez
    Benjamin VazquezVoted no

    Seconded the motion to reject.

    7:52:12
    Jessie Lopez
    Jessie LopezVoted no

    Voted to reject the ordinances.

    7:52:26
    Johnathan Ryan Hernandez
    Johnathan Ryan HernandezVoted no

    Moved not to approve either ordinance.

    7:51:53
    Phil Bacerra
    Phil BacerraVoted yes

    Voted against rejecting them.

    7:52:18
    David Penaloza
    David PenalozaVoted yes

    Voted against rejecting them.

    7:52:26
  4. 04

    The city attorney said she had written to the council in detail on 29 February explaining she was drafting it, and that nobody had asked her to stop.

    7:51:15
    Explore this issue
    Related agenda item 27

    PUBLIC HEARING ITEM HAS BEEN PULLED FROM CONSIDERATION BY STAFF; NO ACTION TO BE TAKEN BY CITY COUNCIL Continued Public Hearing –…

    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. 6 uncited sentences were withheld from this page.

Focus

Where they differed

Splits in votes or reasoning

Split voteon “Ordinance Establishing Distance Requirements for Targeted Residential Picketing”7:51:53

The council divided evenly on an ordinance restricting picketing outside homes. The motion before them was to reject it; that tied three to three and failed, and the meeting adjourned, leaving the ordinance neither adopted nor rejected.

Benjamin Vazquez
Benjamin VazquezVoted no7:52:12

Seconded the motion to reject.

Jessie Lopez
Jessie LopezVoted no7:52:26

Voted to reject the ordinances.

Johnathan Ryan Hernandez
Johnathan Ryan HernandezVoted no7:51:53

Moved not to approve either ordinance.

Phil Bacerra
Phil BacerraVoted yes7:52:18

Voted against rejecting them.

David Penaloza
David PenalozaVoted yes7:52:26

Voted against rejecting them.

Agenda

Every item

30 items in agenda order

1
Closed Session Items

Closed-session conference with legal counsel

Not located

No cited discussion summary was prepared. The title above is a shortened version of the official agenda record.

Official agendaNot 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. Rita Ramirez v. City of Santa Ana , Orange County Superior Court, Case No. 30-2022-01287702

2
Closed Session Items

Closed-session labor negotiations with city employee organizations

Not located

No cited discussion summary was prepared. The title above is a shortened version of the official agenda record.

Official agendaNot located
Full official agenda title

CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a): Agency Negotiator: Ramon Figueroa, Employee Relations Manager Employee Organization: Santa Ana Police Officers Association (POA)

3
Closed Session Items

Closed-session public employee appointment

Not located

No cited discussion summary was prepared. The title above is a shortened version of the official agenda record.

Official agendaNot located
Full official agenda title

PUBLIC EMPLOYEE APPOINTMENT pursuant to Government Code Section 54957(b)(1) Title: Acting City Manager/Interim City Manager/Permanent City Manager

1
Ceremonial Presentations

Certificates of Recognition presented by Mayor Amezcua to the Mater Dei High School Boys Varsity Soccer Team for Exceptional…

3:26:45
  • A ceremonial presentation of certificates or a proclamation.3:26:45
Official agendaSupplied summaryClerk timestamp
Full official agenda title

Certificates of Recognition presented by Mayor Amezcua to the Mater Dei High School Boys Varsity Soccer Team for Exceptional Athletic Performance

2
Ceremonial Presentations

Certificate of Recognition presented by Councilmember Hernandez to Pearl Raya and the Raya Foundation for Outstanding Contributions…

Not located
  • A ceremonial presentation of certificates or a proclamation.3:26:45
Official agendaSupplied summaryNot located
Full official agenda title

Certificate of Recognition presented by Councilmember Hernandez to Pearl Raya and the Raya Foundation for Outstanding Contributions to the Community

3
Ceremonial Presentations

Certificate of Recognition presented by Councilmember Lopez to Viet Rainbow of Orange County for Outstanding Contributions to the…

3:47:41
  • A ceremonial presentation of certificates or a proclamation.3:47:41
Official agendaSupplied summaryClerk timestamp
Full official agenda title

Certificate of Recognition presented by Councilmember Lopez to Viet Rainbow of Orange County for Outstanding Contributions to the Community

4
Ceremonial Presentations

Proclamation presented by Councilmember Vazquez to El Centro Cultural de Mexico in Recognition of their 30-Year Anniversary

Not located
  • A ceremonial presentation of certificates or a proclamation.3:26:45
Official agendaSupplied summaryNot located
5
Staff Presentations

Planning and Building Agency Awards Presentation

4:06:43
  • The planning and building agency presented its awards.4:06:43
Official agendaSupplied summaryClerk timestamp
6
Consent Calendar

Excused Absences

6:20:50
  • Routine business, approved together with the rest of the consent calendar without separate discussion.6:20:50
Official agendaSupplied summaryMatched to recordingCity Clerk’s Office
Official recommendation
  1. Excuse the absent members
7
Consent Calendar

Minutes from the Regular Meeting of March 5, 2024

6:20:56
  • Routine business, approved together with the rest of the consent calendar without separate discussion.6:20:56
Official agendaSupplied summaryConsent blockCity Clerk’s Office
Official recommendation
  1. Approve minutes
8
Consent Calendar

Appoint Wyatt Malfavon Nominated by Mayor Amezcua as the Mayoral Representative to the Youth Commission for a Partial-Term Expiring…

6:20:56
  • Routine business, approved together with the rest of the consent calendar without separate discussion.6:20:56
Official agendaSupplied summaryConsent blockCity Clerk’s Office
Full official agenda title

Appoint Wyatt Malfavon Nominated by Mayor Amezcua as the Mayoral Representative to the Youth Commission for a Partial-Term Expiring December 10, 2024

Official recommendation
  1. Appoint Wyatt Malfavon to the Youth Commission as the Citywide representative and administer the Oath of Office
9
Consent Calendar

Substance Abuse and Public Intoxication Enforcement Informational Report 4th Quarter 2023

6:20:56
  • Routine business, approved together with the rest of the consent calendar without separate discussion.6:20:56
Official agendaSupplied summaryConsent blockPolice Department
Official recommendation
  1. Receive and file
10
Consent Calendar

Approve an Appropriation Adjustment and an Amendment to the Fiscal Year 2023-2024 Capital Improvement Program to Add Funds to the…

6:20:56
  • Routine business, approved together with the rest of the consent calendar without separate discussion.6:20:56
Official agendaSupplied summaryConsent blockPublic Works Agency
Full official agenda title

Approve an Appropriation Adjustment and an Amendment to the Fiscal Year 2023-2024 Capital Improvement Program to Add Funds to the Automated Metering Infrastructure Project (Project No. 16-6460) (Non-General Fund)

Official recommendation
  1. Approve an appropriation adjustment to transfer $1,300,000 from Water Utility Production & Supply, Miscellaneous Operating Expenses account and $1,550,000 in Water Meter Services, Contract Services – Professional account, to the Acquisition & Construction, Water Utility Capital Projects, Water Capital Project expenditure account. (Requires five affirmative votes) Approve an amendment to the Fiscal Year 2023-2024 Capital Improvement Program to include $4,500,000 in construction funds for the Automated Metering Infrastructure Project. (Project No. 16-6460)
11
Consent Calendar

Approve Appropriation Adjustment Recognizing $725,000 in Housing Assistance Payment Funds for Emergency Housing Vouchers

4:20:56
  • Routine business, approved together with the rest of the consent calendar without separate discussion.4:20:56
Official agendaSupplied summaryMatched to recordingCommunity Development Agency
Official recommendation
  1. Approve an appropriation adjustment recognizing housing assistance funding in the amount of $725,000 in revenue account (no. 17918002-52011) and appropriating the same amount to expenditure account (no. 17918760-69158) to administer existing vouchers. (Requires five affirmative votes)
12
Consent Calendar

Approve the Homeless Housing, Assistance, and Prevention (HHAP) Round 5 Application

4:20:56
  • Routine business, approved together with the rest of the consent calendar without separate discussion.4:20:56
Official agendaSupplied summaryMatched to recordingCommunity Development Agency
Official recommendation
  1. Approve the submission of the Homeless Housing, Assistance, and Prevention (HHAP) Program Round 5 Application to receive funding from the State of California’s Homeless Coordinating and Financing Council (HCFC) to address homelessness
13
Consent Calendar

City of Santa Ana 2023 General Plan Annual Progress Report

6:20:56
  • Routine business, approved together with the rest of the consent calendar without separate discussion.6:20:56
Official agendaSupplied summaryConsent blockPlanning and Building Agency
Official recommendation
  1. Receive and file the City of Santa Ana 2023 General Plan Annual Progress Report; and
  2. Authorize staff to submit the City of Santa Ana 2023 General Plan Annual Progress Report to the State of California Department of Housing and Community Development (HCD) and the Office of Planning and Research (OPR)
14
Consent Calendar

Approve Destruction of Obsolete City Records

6:23:31
  • Routine business, approved together with the rest of the consent calendar without separate discussion.6:23:31
Official agendaSupplied summaryClerk timestampPublic Works Agency
Official recommendation
  1. Approve the request for the destruction of obsolete records from the Public Works Agency’s Engineering Services Division, Development and Construction Engineering Section in accordance with the retention schedule outlined in City Council Resolution 2013-014
15
Consent Calendar

Receive and File Citywide Sports Field Renovation Schedule

6:20:56
  • Routine business, approved together with the rest of the consent calendar without separate discussion.6:20:56
Official agendaSupplied summaryConsent blockPublic Works Agency
Official recommendation
  1. Receive and file Citywide Sports Field Renovation Schedule for 2024 to 2025
16
Consent Calendar

Award a Purchase Order Contract with Lightbox Parent, L. P. for Geographic Information System Data Services Subscription…

6:20:56
  • Routine business, approved together with the rest of the consent calendar without separate discussion.6:20:56
Official agendaSupplied summaryConsent blockPublic Works Agency
Full official agenda title

Award a Purchase Order Contract with Lightbox Parent, L. P. for Geographic Information System Data Services Subscription (Specification No. 24-024) (Non-General Fund)

Official recommendation
  1. Award a Purchase Order Contract with Lightbox Parent, L. P. to provide Geographic Information System Data Services for a total not to exceed amount of $281,326, including an annual contingency of $5,000, for a term beginning on April 16, 2024 and expiring April 15, 2029
17
Consent Calendar

Award Blanket Order Contract to Dell Marketing L.P. for Desktop Computers, Laptops, Mobile Devices, and Related Equipment in an…

6:20:56
  • Routine business, approved together with the rest of the consent calendar without separate discussion.6:20:56
Official agendaSupplied summaryConsent blockInformation Technology
Full official agenda title

Award Blanket Order Contract to Dell Marketing L.P. for Desktop Computers, Laptops, Mobile Devices, and Related Equipment in an Amount Not to Exceed $8,100,000 (Specification No. 24-037) (General and Non-General Fund)

Official recommendation
  1. Award Blanket Order Contract to Dell Marketing L.P. for desktop computers, laptops, mobile devices, and related equipment for a twenty-one-month period expiring November 30, 2025 with provisions for five, one-year renewal options, in an annual amount not to exceed $1,200,000
18
Consent Calendar

Amend the Agreement with Hanson Bridgett, LLP (General Fund)

6:20:56
  • Routine business, approved together with the rest of the consent calendar without separate discussion.6:20:56
Official agendaSupplied summaryConsent blockCity Attorney Office
Official recommendation
  1. Authorize the City Manager to execute a first amendment to the Agreement with Hanson Bridgett, LLP to provide legal and investigative services, increasing the amount of the compensation by $125,000 for a total agreement amount of $175,000, and revise the term of the Agreement through June 30, 2025, with an option to extend for up to one (1) year (Agreement No. A-2024-XXX)
19
Consent Calendar

Approve an Agreement with Invengo America Corporation DBA FE Technologies for Maintenance Services and Equipment for the Delhi…

6:20:56
  • Routine business, approved together with the rest of the consent calendar without separate discussion.6:20:56
Official agendaSupplied summaryConsent blockLibrary
Full official agenda title

Approve an Agreement with Invengo America Corporation DBA FE Technologies for Maintenance Services and Equipment for the Delhi Library Branch

Official recommendation
  1. Authorize the City Manager to execute an agreement with Invengo America Corporation DBA FE Technologies to provide maintenance services and library equipment for the Delhi Library Branch for a three-year term ending March 15, 2027 in an amount not to exceed $40,212 (Agreement No. A-2024-XXX)
20
Consent Calendar

Approve an Amendment with Sedaru, formerly known as ID Modeling, Inc., for Water System Computer Modeling and Engineering Services…

6:20:56
  • Routine business, approved together with the rest of the consent calendar without separate discussion.6:20:56
Official agendaSupplied summaryConsent blockPublic Works Agency
Full official agenda title

Approve an Amendment with Sedaru, formerly known as ID Modeling, Inc., for Water System Computer Modeling and Engineering Services (Non-General Fund)

Official recommendation
  1. Authorize the City Manager to execute a third amendment to the agreement with Sedaru, formerly known as ID Modeling, Inc., for Water System Computer Modeling and Engineering Services, to extend the existing term through December 31, 2024, with no supplementary expenses to the previously executed amount (Agreement No. A-2024-XXX)
21
Consent Calendar

Approve Second Amendments to Agreements with AESCO, Inc., Kleinfelder, Inc., and RMA Group, Inc. for On-Call Material Testing and…

6:20:56
  • Routine business, approved together with the rest of the consent calendar without separate discussion.6:20:56
Official agendaSupplied summaryConsent blockPublic Works Agency
Full official agenda title

Approve Second Amendments to Agreements with AESCO, Inc., Kleinfelder, Inc., and RMA Group, Inc. for On-Call Material Testing and Special Inspection Services (Non-General Fund)

Official recommendation
  1. Authorize the City Manager to execute the second amendments to the standard agreement with AESCO, Inc., Kleinfelder, Inc., and RMA Group, Inc. to provide on-call material testing and special inspection services and increase the contract amount by $2,000,000, for a total amount not to exceed $4,000,000 for the remaining term (Core Agreement No. A-2024-XXX)
22
Consent Calendar

Approve First Amendments to Agreements with Tetra Tech, Inc., Ardurra Group, Inc., Psomas, Kimley-Horn and Associates, Inc.…

6:22:34
  • Routine business, approved together with the rest of the consent calendar without separate discussion.6:22:34
Official agendaSupplied summaryMatched to recordingPublic Works Agency
Full official agenda title

Approve First Amendments to Agreements with Tetra Tech, Inc., Ardurra Group, Inc., Psomas, Kimley-Horn and Associates, Inc., Huitt-Zollars, Inc., and Tait & Associates, Inc. for On-Call Engineering Services (Non-General Fund)

Official recommendation
  1. Authorize the City Manager to execute first amendments to the agreements with Tetra Tech, Inc., Ardurra Group, Inc., Psomas, Kimley-Horn and Associates, Inc., Huitt-Zollars, Inc., and Tait & Associates, Inc. for on-call engineering services to increase the agreement amount by $750,000, for a total aggregate agreement amount not to exceed $2,750,000 for the remaining term of the agreement which began on August 16, 2022 and expires on August 15, 2025, with a provision for two, one year optional extensions (Core Agreement No. A-2024-XXX)
23
Consent Calendar

Resolutions to Increase the City Manager’s Office and Police Department Headcount, Amend the City’s Classification and Compensation…

6:25:54
  • The council could not agree on resolutions adding positions to the city manager's office and the police department.7:08:36
  • Mayor Pro Tem Penaloza moved, seconded by Councilmember Bacerra, to approve the resolutions but hold the police positions for two months until the budget discussion; that motion failed.7:09:13
  • The original motion then tied three votes to three and failed as well, with Councilmembers Bacerra and Penaloza and the mayor against.7:10:25
  • Councilmember Bacerra proposed what he called a piecemeal motion, to approve only the deputy city manager and human resources analyst positions.7:10:49
  • That carried, four votes to two.7:11:55
Official agendaSupplied summaryClerk timestampCity Manager’s Office
Full official agenda title

Resolutions to Increase the City Manager’s Office and Police Department Headcount, Amend the City’s Classification and Compensation Plan, and Approve the City Council Appointee Salary Schedule

Official recommendation
  1. Adopt resolutions to increase the City Manager’s Office and Police Department headcount, amend the City’s classification and compensation plan, and approve the City Council Appointee salary schedule. RESOLUTION NO. 2024-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO AMEND THE CURRENT FISCAL YEAR 2023-2024 ANNUAL BUDGET TO ADD FULL-TIME POSITIONS IN THE CITY MANAGER’S OFFICE AND THE POLICE DEPARTMENT RESOLUTION NO. 2024-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO EFFECT CERTAIN CHANGES TO THE CITY’S CLASSIFICATION AND COMPENSATION PLAN RESOLUTION NO. 2024-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO ADOPT AND APPROVE A COUNCIL APPOINTEE SALARY SCHEDULE IN COMPLIANCE WITH TITLE 2 OF THE CALIFORNIA CODE OF REGULATIONS SECTION 570.5 AND THE CALIFORNIA PUBLIC EMPLOYEES’ RETIREMENT SYSTEM (CALPERS)
24
Business Calendar

Ordinance Establishing Distance Requirements for Targeted Residential Picketing

7:13:11
Split voteSee member positions →
  • The council considered an urgency ordinance and a first reading setting distance requirements for picketing outside residences.7:37:18
  • The city attorney said she had sent the council a detailed communication on 29 February saying she was working on it, that nobody had told her to stop, and that she tries to communicate especially when working on controversial matters.7:51:15
  • Councilmember Hernandez moved not to approve the two ordinances, seconded by Mayor Pro Tem Vazquez.7:52:12
  • That motion tied three votes to three and therefore failed.7:52:26
  • The meeting was adjourned immediately afterwards, so neither ordinance was adopted and neither was formally rejected.7:52:40
Official agendaSupplied summaryClerk timestampCity Manager’s Office
Official recommendation
  1. Adopt an urgency ordinance establishing distance requirements for targeted residential picketing. ORDINANCE NO. NS-XXX entitled AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA IN ACCORDANCE WITH SANTA ANA CHARTER SECTIONS 415 AND 417 TO ESTABLISH DISTANCE REQUIREMENTS FOR TARGETED RESIDENTIAL PICKETING (includes determination that the ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3)); and
  2. Approve first reading of an ordinance establishing distance requirements for targeted residential picketing. If approved, Article 1 section 10-110 would be amended and entitled “Targeted Residential Picketing” and sections 10-111 and 10-112 will be added to the Santa Ana Municipal Code. ORDINANCE NO. NS-XXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 10, ARTICLE 1, SECTION 10-110 AND ADDING SECTIONS 10-111 AND 10-112 OF THE SANTA ANA MUNICIPAL CODE TO ESTABLISH DISTANCE REQUIREMENTS FOR TARGETED RESIDENTIAL PICKETING (includes determination that the ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3))
25
Business Calendar

Youth Commission Informational Report

7:38:33
  • This item was continued to the meeting of 4 April because of the hour.7:38:33
Official agendaSupplied summaryMatched to recordingParks, Recreation, and Community Services
Official recommendation
  1. Accept informational report and provide direction to staff
26
Business Calendar

Early Direction for the Fiscal Year 2024-25 Budget

Not located
  • Considered by the council; no separate discussion recorded.7:13:11
Official agendaSupplied summaryNot locatedFinance and Management Services
Official recommendation
  1. Provide direction for preparation of the proposed FY 2024-25 budget
27
Public Hearings

PUBLIC HEARING ITEM HAS BEEN PULLED FROM CONSIDERATION BY STAFF; NO ACTION TO BE TAKEN BY CITY COUNCIL Continued Public Hearing –…

4:21:05
  • Considered by the council; no separate discussion recorded.4:21:05
Official agendaSupplied summaryMatched to recordingPublic Works Agency
Full official agenda title

PUBLIC HEARING ITEM HAS BEEN PULLED FROM CONSIDERATION BY STAFF; NO ACTION TO BE TAKEN BY CITY COUNCIL Continued Public Hearing – Adopt a Resolution Adjusting Sanitation Services Users Charge (Non-General Fund) Legal notice published in the OC Reporter on February 5 and February 9, 2024 and notice of continuance was posted on February 21, 2024

Official recommendation
  1. N/A
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