Adjourned City Council and Special SuccessorAgency Meeting AgendaSeptember 23, 2024ADJOURNED REGULAR OPEN MEETING – 5:30 PM CITY COUNCIL CHAMBER22 Civic Center Plaza Santa Ana, CA 92701Valerie AmezcuaMayorThai Viet PhanMayor Pro Tem – Ward 1 Benjamin VazquezCouncilmember Ward 2Jessie LopezCouncilmember Ward 3 Phil BacerraCouncilmember Ward 4Johnathan Ryan HernandezCouncilmember Ward 5 David PenalozaCouncilmember Ward 6Mayor and Council telephone: 7146476900Agenda item inquiries: 7146476520Sonia R. CarvalhoCity Attorney Alvaro NuñezCity Manager Jennifer L. HallCity ClerkIn compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting,contact Michael Ortiz, City ADA Program Coordinator, at (714) 6475624. Notification 48 hours prior to the Meeting will enablethe City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supportingdocumentation can be found on the City’s website – www.santaana.org/agendasandminutesCITY VISION AND CODE OF ETHICSThe City of Santa Ana is committed to achieving a shared vision for the organization and itscommunity. The Vision, Mission and Guiding Principles (Values) are the result of a thoughtfuland inclusive process designed to set the City and organization on a course that meets thechallenges of today and tomorrow, as follows:Vision The dynamic center of Orange County which is acclaimed for our: Investment inyouth • Safe and healthy community • Neighborhood pride • Thriving economic climate •Enriched and diverse culture • Quality government servicesMission To deliver efficient public services in partnership with our community which ensurespublic safety, a prosperous economic environment, opportunities for our youth, and a highquality of life for residents.Guiding Principles Collaboration • Efficiency • Equity • Excellence • Fiscal Responsibility •Innovation • TransparencyCode of Ethics and Conduct At the Special Municipal Election held on February 5, 2008,voters approved an amendment to the City Charter which established the Code of Ethics and
<br />Conduct for elected officials and members of appointed boards, commissions, and
<br />committees to assure public confidence. The following are the core values expressed: •
<br />Integrity • Honesty • Responsibility • Fairness • Accountability • Respect • Efficiency
<br />Members of the public may attend the City Council meeting inperson or join via Zoom. As a
<br />courtesy to the public, the City Council meeting will occur live via teleconference Zoom
<br />webinar. You may view the meeting from your computer, tablet, or smart phone via YouTube
<br />LiveStream at www.youtube.com/user/SantaAnaLibrary or on CTV3, available on Spectrum
<br />channel 3.
<br />TRANSLATION SERVICES Spanish interpreting services are provided at City
<br />Council meetings. Simultaneous Spanish interpretation is provided through the use
<br />of headsets and consecutive interpretation (SpanishtoEnglish) in addition to those
<br />wishing to address the City Council at the podium.
<br />La ciudad provee servicios de interpretación al español en las juntas del Consejo.
<br /> La interpretación simultánea al español se ofrece por medio del uso de audífonos y
<br />la interpretación consecutiva (español a inglés) también está disponible para
<br />cualquiera que desee dirigirse al consejo municipal en el podio.
<br />About the Agenda
<br />To download or view the attachments (staff report and other supporting documentation) for
<br />each agenda item, you must select the agenda item to see the attachments to either open in
<br />a new link (the eyeball ) or download a pdf (the cloud symbol with the down arrow ).
<br />CITY COUNCIL REGULAR OPEN SESSION
<br />CALL TO ORDER
<br />ATTENDANCE Council Members Phil Bacerra
<br />Johnathan Ryan Hernandez
<br />Jessie Lopez
<br />David Penaloza
<br />Benjamin Vazquez
<br />Mayor Pro Tem Thai Viet Phan
<br />Mayor Valerie Amezcua
<br />City Manager Alvaro Nuñez
<br />City Attorney Sonia R. Carvalho
<br />City Clerk Jennifer L. Hall
<br />ROLL CALL
<br />CONSENT CALENDAR
<br />(SEPARATE DISCUSSION)
<br />10.Item No. 10: Donation Agreement with The Frida Cinema to Sponsor the DTSA First
<br />Saturday ArtWalk (General Fund)
<br />Department(s): Community Development Agency
<br />Recommended Action: Authorize the City Manager to execute a Donation
<br />Agreement with The Frida Cinema to sponsor the Downtown Santa Ana (DTSA) First
<br />Saturday ArtWalk for a oneyear term beginning October 1, 2024 and ending
<br />September 31, 2025, in an amount not to exceed $150,000 (Agreement No. A2024
<br />XXX).
<br />11.Item No. 11: [Approved; For Comment Only] Amendment to the Facilities Use
<br />Agreement with the Training and Research Foundation to Add the Logan Community
<br />Center as a Service Location to Provide Licensed Afterschool Programming Until the
<br />End of the 20242025 School Year
<br />Department(s): Parks, Recreation, and Community Services
<br />Recommended Action: Authorize the City Manager to execute an amendment to the
<br />facilities use agreement with the Training Research Foundation (TRF) to add the
<br />Logan Community Center as a service location to provide childcare services to Santa
<br />Ana children and families, increasing the monthly fee by $600 for a monthly total fee of
<br />$2,600 for 10 months, from September 1, 2024 through June 30, 2025. (Agreement
<br />No. A2024XXX).
<br />12.Item No. 12: Agreement with Power of One Foundation (POOF), for a copresented
<br />Fiestas Del Mariachi Event and Related Services; and, Award Sunbelt Rentals Inc.
<br />Purchase Order Contract for Event Floor Cover (General Fund)
<br />Department(s): Parks, Recreation, and Community Services
<br />Recommended Action: 1. Authorize the City Manager to execute an agreement with
<br />Power of One Foundation to copresent a Fiestas Del Mariachi event at Santa Ana
<br />Stadium, for an amount not to exceed 80% of revenue earned after expenditure
<br />recovery for a term beginning September 18, 2024 and ending October 31, 2024
<br />(Agreement No. A2024XXX).
<br />2. Award a Purchase Order Contract to Sunbelt Rentals Inc. for the rental of an event
<br />floor cover for Santa Ana Stadium in an amount not to exceed $118,548.
<br />3. Approve an appropriation adjustment in the amount of $118,548 from the
<br />spendable General Fund balance to the PRCSA, Recreation and Community
<br />Services, ContractualProfessional Services expenditure account (0111323062300).
<br />(Requires five affirmative votes)
<br />13.Item No. 18: Construction Contract with Vido Samarzich, Inc. for the Standard
<br />Avenue and McFadden Avenue Bikeways Projects (No. 196923, 206962, 206965,
<br />236705, 236706, & 236707) (General Fund) (NonGeneral Fund)
<br />Department(s): Public Works Agency
<br />Recommended Action: 1. Approve an appropriation adjustment recognizing
<br />$2,000,000 in prioryear fund balance in the Residential Street Improvement, Prior
<br />Year Carry Forward revenue account and appropriate the same amount into the
<br />Residential Street, Improvements Other Than Buildings, expenditure account.
<br />(Requires five affirmative votes)
<br />2. Approve an appropriation adjustment recognizing $2,700,000 in prioryear fund
<br />balance in the Transportation System Improvement Authorization Area B revenue
<br />account and appropriate the same amount into the Transportation System
<br />Improvement Authorization Area B Tustin, Improvements Other Than Buildings
<br />expenditure account. (Requires five affirmative votes)
<br />3. Approve an amendment to the Fiscal Year 202425 Capital Improvement Program
<br />to include an additional $5,900,000 in construction funds for the Standard Avenue and
<br />McFadden Avenue Bikeways Project (No. 196923, 206962, 206965, 236705, 23
<br />6706, & 236707).
<br />4. Approve the Project Cost Analysis for a total estimated construction delivery cost of
<br />$23,550,000, which includes $19,170,060 for the construction contract; $2,462,934
<br />for contract administration, inspection, and testing; and a $1,917,006 project
<br />contingency for unanticipated or unforeseen work due to the complexity and extensive
<br />scope of this project.
<br />5. Award a construction contract to Vido Samarzich, Inc., the lowest responsible
<br />bidder, in accordance with the base bid and bid alternates in the amount of
<br />$19,170,060, for construction of the Standard Avenue and McFadden Avenue
<br />Bikeways Project (No. 196923, 206962, 206965, 236705, 236706, & 236707),
<br />for a term beginning September 17, 2024 and ending upon project completion, and
<br />authorize the City Manager to execute the contract.
<br />6. Determine that, pursuant to the California Environmental Quality Act, the
<br />recommended actions are exempt from further review pursuant to Article 19,
<br />Categorical Exemptions Sections 15301(c) and 15304(h). Categorical Exemption
<br />Environmental Review Nos. ER202033 and ER202097 were filed for Projects Nos.
<br />206965 and 206962.
<br />14.Item 19: Resolution Declaring CityOwned Properties as Exempt Surplus Land and
<br />Directing the City Manager or their Designee to Comply with the Requirement of
<br />Government Code §54220 et seq. for the Sale and Activation of Surplus Land
<br />Department(s): Public Works Agency
<br />Recommended Action: 1. Adopt a resolution declaring Cityowned property as
<br />exempt surplus land and directing the City Manager or designee to comply with the
<br />requirements of Government Code §54220 et seq. for the sale and transfer of
<br />ownership.
<br />RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF
<br />THE CITY OF SANTA ANA DECLARING VARIOUS PROPERTIES AS EXEMPT
<br />SURPLUS LAND AND DIRECTING THE CITY MANAGER TO FOLLOW THE
<br />PROCEDURES SET FORTH IN THE SURPLUS LAND ACT, CALIFORNIA
<br />GOVERNMENT CODE SECTION 54220, ET SEQ., AS AMENDED, FOR THEIR
<br />DISPOSITION
<br />2. Determine that, pursuant to the California Environmental Quality Act (“CEQA”), the
<br />sales of the properties as surplus are exempt from environmental review pursuant to
<br />CEQA Guidelines section 15312 (Surplus Government Property Sales).
<br />**END OF CONSENT CALENDAR**
<br />PUBLIC HEARINGS
<br />PUBLIC COMMENTS – Members of the public may address the City Council on each of the
<br />Public Hearing items.
<br />23.Item 23: Public Hearing: Consolidated Annual Performance and Evaluation Report
<br />for Fiscal Year 202324
<br />Legal notice published in the Orange County Register on August 14, 2024 and in La
<br />Opinion and Nguoi Viet on August 19, 2024.
<br />Department(s): Community Development Agency
<br />Recommended Action: Authorize submission of the Consolidated Annual
<br />Performance and Evaluation Report to the U.S. Department of Housing and Urban
<br />Development.
<br />24.Item 24: Joint Public Hearing: Adopt Resolution and Approve Purchase and Sale
<br />Agreement for Acquisition of Real Property at the Southwest Corner of Main Street
<br />and Third Street (APN 39860102) for Parking Lot (General Fund and NonGeneral
<br />Fund)
<br />Legal notice published in the OC Reporter on August 30 and September 9, 2024.
<br />Department(s): Community Development Agency
<br />Recommended Action: CITY COUNCIL ACTION
<br />1. Adopt a resolution making certain findings with respect to the consideration to be
<br />received by the Successor Agency pursuant to a Purchase and Sale Agreement
<br />between the Successor Agency and the City for the sale of the Southwest Corner of
<br />Main Street and Third Street (APN 39860102), and authorize the City Manager to
<br />execute all required documents as necessary.
<br />RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF
<br />THE CITY OF SANTA ANA APPROVING THE PURCHASE AND SALE
<br />AGREEMENT FOR THE ACQUISITION OF PROPERTY FROM THE SUCCESSOR
<br />AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF
<br />SANTA ANA LOCATED AT 3RD STREET AND MAIN STREET PARKING LOT
<br />2. Authorize the City Manager to execute the Purchase and Sale Agreement and all
<br />required documents for the acquisition of real property located at the Southwest
<br />Corner of Main Street and Third Street (APN 39860102) in the amount of $190,000
<br />plus closing costs (Agreement No. A2024XXX).
<br />SUCCESSOR AGENCY ACTION
<br />1. Adopt a resolution declaring a Successor Agency owned property as exempt
<br />Surplus Land for the purpose of a Purchase and Sale agreement with the City of
<br />Santa Ana.
<br />RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE SUCCESOR
<br />AGENCY TO THE FORMER COMMUNITY REDEVELOPMENT AGENCY OF THE
<br />CITY OF SANTA ANA DECLARING 3RD STREET AND MAIN STREET PARKING
<br />LOT AS EXEMPT SURPLUS AND LAND PURSUANT TO THE EXEMPT SURPLUS
<br />LAND ACT AND AUTHORIZING, PURSUANT TO AN EXEMPTION FROM CEQA,
<br />THE SALE OF THE PARKING LOT PROPERTY TO THE CITY (includes
<br />determination that the sale of the property is exempt from the California Environmental
<br />Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) and Section
<br />15301)
<br />2. Adopt a resolution making certain findings with respect to the consideration to be
<br />received by the Successor Agency pursuant to a Purchase and Sale Agreement
<br />between the Successor Agency and the City for the sale of the Southwest Corner of
<br />Main Street and Third Street (APN 39860102), and authorize the Executive Director
<br />to execute all required documents as necessary.
<br />RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE SUCCESSOR
<br />AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF
<br />SANTA ANA APPROVING THE PURCHASE AND SALE AGREEMENT FOR THE
<br />DISPOSITION OF PROPERTY TO THE CITY OF SANTA ANA LOCATED AT 3RD
<br />STREET AND MAIN STREET PARKING LOT
<br />3. Authorize the Executive Director to execute the Purchase and Sale Agreement and
<br />all required documents for the acquisition of real property located at the Southwest
<br />Corner of Main Street and Third Street (APN 39860102) in the amount of $190,000
<br />plus closing costs (Agreement No. A2024XXX).
<br />COUNCILMEMBER REQUESTED ITEMS
<br />25.Item 25: Discuss and Consider Directing the City Manager, City Attorney, and City
<br />Clerk to Rescind the “Guidelines for filming, photography and recording of City of
<br />Santa Ana public meetings” Media Policy – Councilmembers Vazquez and Lopez
<br />CITY MANAGER COMMENTS
<br />COUNCIL COMMENTS
<br />AB1234 DISCLOSURE – If the City paid for travel or other expenses this is the time for
<br />members of the Council to provide a brief oral report on attendance of any regional board or
<br />commission meeting or any conference, meeting or event attended.
<br />ADJOURNMENT – Adjourn the City Council meeting and convene to the Special Succesor
<br />Agency meeting.
<br />In Memory of
<br />Don Cribb
<br />Future Items
<br />1. Continuing Appropriations (Carry Forwards)
<br />2. Classification and Compensation Study Consultant Agreement
<br />3. Main Library Office and Library Furniture Agreements
<br />POSTING STATEMENT: On September 20, 2024, a true and correct copy of this agenda
<br />was posted at the entrance to City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701.
<br />Internet Access to City Council, Agency, and Authority agendas and related material is
<br />available prior to meetings at santaana.org/agendasandminutes.
<br />SPECIAL SUCCESSOR AGENCY
<br />CALL TO ORDER
<br />ATTENDANCE Agency Members Phil Bacerra
<br />Johnathan Ryan Hernandez
<br />Jessie Lopez
<br />David Penaloza
<br />Benjamin Vazquez
<br />Vice Chair Thai Viet Phan
<br />Chair Valerie Amezcua
<br />City Manager Alvaro Nuñez
<br />City Attorney Sonia R. Carvalho
<br />City Clerk Jennifer L. Hall
<br />ROLL CALL
<br />ADDITIONS\DELETIONS TO THE SUCCESSOR AGENCY AGENDA
<br />PUBLIC COMMENTS – Members of the public may address the Successor Agency on
<br />items on the Public Hearing item.
<br />PUBLIC HEARING
<br />1.Item 1: Joint Public Hearing: Adopt Resolution and Approve Purchase and Sale
<br />Agreement for Acquisition of Real Property at the Southwest Corner of Main Street and
<br />Third Street (APN 39860102) for Parking Lot (General Fund and NonGeneral Fund)
<br />Legal notice published in the OC Reporter on August 30 and September 9, 2024.
<br />Department(s): Community Development Agency
<br />Recommended Action: CITY COUNCIL ACTION
<br />1. Adopt a resolution making certain findings with respect to the consideration to be
<br />received by the Successor Agency pursuant to a Purchase and Sale Agreement
<br />between the Successor Agency and the City for the sale of the Southwest Corner of
<br />Main Street and Third Street (APN 39860102), and authorize the City Manager to
<br />execute all required documents as necessary.
<br />RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF
<br />THE CITY OF SANTA ANA APPROVING THE PURCHASE AND SALE AGREEMENT
<br />FOR THE ACQUISITION OF PROPERTY FROM THE SUCCESSOR AGENCY TO
<br />THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA
<br />LOCATED AT 3RD STREET AND MAIN STREET PARKING LOT
<br />2. Authorize the City Manager to execute the Purchase and Sale Agreement and all
<br />required documents for the acquisition of real property located at the Southwest Corner
<br />of Main Street and Third Street (APN 39860102) in the amount of $190,000 plus
<br />closing costs (Agreement No. A2024XXX).
<br />SUCCESSOR AGENCY ACTION
<br />1. Adopt a resolution declaring a Successor Agency owned property as exempt
<br />Surplus Land for the purpose of a Purchase and Sale agreement with the City of Santa
<br />Ana.
<br />RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE SUCCESOR
<br />AGENCY TO THE FORMER COMMUNITY REDEVELOPMENT AGENCY OF THE
<br />CITY OF SANTA ANA DECLARING 3RD STREET AND MAIN STREET PARKING
<br />LOT AS EXEMPT SURPLUS AND LAND PURSUANT TO THE EXEMPT SURPLUS
<br />LAND ACT AND AUTHORIZING, PURSUANT TO AN EXEMPTION FROM CEQA,
<br />THE SALE OF THE PARKING LOT PROPERTY TO THE CITY (includes determination
<br />that the sale of the property is exempt from the California Environmental Quality Act
<br />(CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) and Section 15301)
<br />2. Adopt a resolution making certain findings with respect to the consideration to be
<br />received by the Successor Agency pursuant to a Purchase and Sale Agreement
<br />between the Successor Agency and the City for the sale of the Southwest Corner of
<br />Main Street and Third Street (APN 39860102), and authorize the Executive Director
<br />to execute all required documents as necessary.
<br />RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE SUCCESSOR
<br />AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF SANTA
<br />ANA APPROVING THE PURCHASE AND SALE AGREEMENT FOR THE
<br />DISPOSITION OF PROPERTY TO THE CITY OF SANTA ANA LOCATED AT 3RD
<br />STREET AND MAIN STREET PARKING LOT
<br />3. Authorize the Executive Director to execute the Purchase and Sale Agreement and
<br />all required documents for the acquisition of real property located at the Southwest
<br />Corner of Main Street and Third Street (APN 39860102) in the amount of $190,000
<br />plus closing costs (Agreement No. A2024XXX).
<br />**END OF PUBLIC HEARING**
<br />ADJOURNMENT – Adjourn the Successor Agency meeting.
<br />POSTING STATEMENT: On September 20, 2024, a true and correct copy of this agenda
<br />was posted at the entrance to City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701.
<br />Internet Access to City Council, Agency, and Authority agendas and related material is
<br />available prior to meetings at santaana.org/agendasandminutes.
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