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City Council Meeting PacketNovember 19, 2024CLOSED SESSION MEETING – 4:00 PMREGULAR OPEN MEETING – 5:30 PM (Immediately following the Closed Session Meeting)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/agendasandminutes.CITY 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 andConduct for elected officials and members of appointed boards, commissions, andcommittees to assure public confidence. The following are the core values expressed: •Integrity • Honesty • Responsibility • Fairness • Accountability • Respect • EfficiencyMembers of the public may attend the City Council meeting inperson or join via Zoom. As acourtesy to the public, the City Council meeting will occur live via teleconference Zoomwebinar. You may view the meeting from your computer, tablet, or smart phone via YouTubeLiveStream at www.youtube.com/user/SantaAnaLibrary or on CTV3, available on Spectrumchannel 3.PUBLIC COMMENTS – Members of the public who wish to address the City Council onclosed session items, items on the regular agenda, or on matters which are not on theagenda but are within the subject matter jurisdiction of the City Council, may do so by one ofthe following ways:MAILING OPTION written communications – Public comments may be mailed to:Office of the City Clerk, 20 Civic Center Plaza M30, Santa Ana, CA 92701. All writtencommunications received via mail by 4:00 p.m. on the day of the meeting will bedistributed to the City Council and imaged into the City’s document archive systemwhich is available for public review.SENDING EMAIL OPTION – Public comments may be sent via email to the CityClerk’s office at eComment@santaana.org. Please note the agenda item you arecommenting on in the subject line of the email. All emails received two (2) hours beforethe scheduled start of the meeting will be distributed to the City Council and imagedinto the City’s document archive system which is available for public review.LIVE VIRTUAL OPTION – As a courtesy, members of the public may provide livecomments during the meeting by Zoom or Conference Call. To join by Zoom click on ortype the following address into your web browserhttps://us02web.zoom.us/j/315965149. To join the Conference Call: Dial (669) 9009128 and enter MEETING ID: 315 965 149#. You will be prompted by the City Clerkwhen it is time for a: i) closed session item, ii) agenda/general comments, or iii) publichearing item. You may request to speak by dialing *9 from your phone or you mayvirtually raise your hand from Zoom. After the Clerk confirms the last three digits of thecaller’s phone number or Zoom ID and unmutes them, the caller must press *6 ormicrophone icon to speak. Callers are encouraged, but not required, to identifythemselves by name. Each caller will be provided three (3) minutes to speak, unlessdue to the number of speakers wanting to speak a decision is made to provide adifferent amount of time to speak.INPERSON OPTION Members of the public can provide inperson comments at thepodium in the Council Chamber. The Council Chamber will have seating available formembers of the public to attend the meeting inperson. Public comments are limited tothree (3) minutes per speaker, unless a different time is announced by the presidingchair. Speakers who wish to address the Council must do so by submitting a“Request to Speak” card by 4:00 p.m. for Closed Session items and by 5:45 p.m.for all other designated public comment periods as listed below. Cards will not beaccepted after the Public Comment Session begins without the permission of thepresiding chair.The following designated public comment periods are:1. LIVE PUBLIC COMMENTS ON CLOSED SESSION ITEMS – You can provide livecomments on closed session items by joining Zoom or the Conference Call as described inthe LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will openat 3:30 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL and raise your handBY 4:00 p.m. Speakers who are not in the speaker queue with their hand raised by 4:00 p.m.will not be permitted to speak. 2. LIVE PUBLIC COMMENTS ON REGULAR AGENDA ITEMS AND NONAGENDAITEMS (GENERAL PUBLIC COMMENT) – You can provide comments by joining Zoom orthe Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTSOPTION above. Speaker queue will open at 3:30 p.m. YOU MUST JOIN ZOOM OR THECONFERENCE CALL and raise your hand PRIOR TO 5:45 p.m. Speakers who are not inthe speaker queue with their hand raised by 5:45 p.m. will not be permitted to speak.3. LIVE PUBLIC COMMENTS ON PUBLIC HEARING ITEMS – You can providecomments by joining Zoom or the Conference Call as described in the LIVE or INPERSONPUBLIC COMMENTS OPTION above. Speakers not in the queue by 5:45 p.m. will not bepermitted to speak. TRANSLATION SERVICES Spanish interpreting services are provided at CityCouncil meetings. Simultaneous Spanish interpretation is provided through the useof headsets and consecutive interpretation (SpanishtoEnglish) in addition to thosewishing to address the City Council at the podium. La ciudad provee servicios de interpretación al español en las juntas del Consejo. La interpretación simultánea al español se ofrece por medio del uso de audífonos yla interpretación consecutiva (español a inglés) también está disponible paracualquiera que desee dirigirse al consejo municipal en el podio.About the AgendaTo download or view the attachments (staff report and other supporting documentation) foreach agenda item, you must select the agenda item to see the attachments to either open ina new link (the eyeball ) or download a pdf (the cloud symbol with the down arrow ).CLOSED SESSIONCALL TO ORDERATTENDANCE Council Members Phil BacerraJohnathan Ryan HernandezJessie LopezDavid PenalozaBenjamin VazquezMayor Pro Tem Thai Viet PhanMayorValerie AmezcuaCity Manager Alvaro NuñezCity Attorney Sonia R. CarvalhoCity Clerk Jennifer L. HallROLL CALLADDITIONS\DELETIONS TO CLOSED SESSIONPUBLIC COMMENTS – Members of the public may address the City Council on ClosedSession items.RECESS – City Council will recess to Closed Session for the purpose of conducting regularCity business.CLOSED SESSION ITEMS – The Brown Act permits legislative bodies to discuss certainmatters without members of the public present. The City Council finds, based on advice fromthe City Attorney, that discussion in open session of the following matters will prejudice theposition of the City in existing and anticipated litigation:1.CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION pursuant toParagraph (1) of subdivision (d) of Section 54956.9 of the Government Code:A. Share Our Selves Corporation v. City of Santa Ana, United States District CourtCase No. 8:23cv000504DOCKESB. Romero v. City of Santa Ana, et al., Orange County Superior Court, Case No. 30202201273032C. Bertha Amezcua Padilla, et al. v. City of Santa Ana, et al., United States DistrictCourt Case No.: 8:22cv01326 KK (ADSx)2.CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section54957.6(a):Agency Negotiator: Lori Schnaider, Executive Director of Human ResourcesEmployee Organization: Service Employee International Union Local 721, PartTimeNonCivil Service Employees3.PUBLIC EMPLOYEE APPOINTMENT pursuant to Government Code Section54957(b)(1)Title: Independent Oversight Director to the Santa Ana Police Oversight CommissionRECONVENE – City Council will reconvene to continue regular City business.CITY COUNCIL REGULAR OPEN SESSIONCALL TO ORDERATTENDANCE Council Members Phil BacerraJohnathan Ryan HernandezJessie LopezDavid PenalozaBenjamin VazquezMayor Pro Tem Thai Viet PhanMayorValerie AmezcuaCity Manager Alvaro NuñezCity Attorney Sonia R. CarvalhoCity Clerk Jennifer L. HallROLL CALLPLEDGE OF ALLEGIANCE Mayor AmezcuaWORDS OF INSPIRATION Police ChaplainADDITIONS\DELETIONS TO THE AGENDACEREMONIAL PRESENTATIONS1.Proclamation presented by Mayor Amezcua to National Hispanic Business WomenAssociation, in honor of National Women’s Small Business Month2.Proclamation presented by Councilmember Bacerra to Hands Together – A Center forChildren, in honor of their 25year anniversary3.Certificate of Recognition presented by Councilmember Lopez to Hope Builders fortheir Outstanding Contributions to the CommunityCLOSED SESSION REPORT – The City Attorney will report on any action(s) from ClosedSession.PUBLIC COMMENTS – Public comments will be held during the beginning of the meetingfor ALL comments on agenda and nonagenda items, with the exception of public hearings.Comments for public hearings will take place after the hearing is opened.CONSENT CALENDARRECOMMENDED ACTION: Approve staff recommendations on the followingConsent Calendar Items: 4 through 31 and waive reading of all resolutionsand ordinances. 4.Excused AbsencesDepartment(s): City Clerk’s OfficeRecommended Action: Excuse the absent members.5.Minutes from the Regular Meeting of October 1, 2024, the Regular Meeting of October15, 2024, and the Special Meeting of October 28, 2024Department(s): City Clerk’s OfficeRecommended Action: Approve minutes.6.Appoint Alexandra Cheney Nominated by Councilmember Penaloza as the Ward 6Representative to the Environmental and Transportation Advisory Commission for aPartial Term Expiring December 8, 2026Department(s): City Clerk’s OfficeRecommended Action: Appoint Alexandra Cheney to the Environmental andTransportation Advisory Commission as the Ward 6 representative and administer theOath of Office. (Pursuant to SAMC Sec. 2326(a), requires five affirmative votes)7.Review and Approve the Annual Calendar of City Council Meetings for 2025Department(s): City Clerk’s OfficeRecommended Action:1. Review calendar of regularly scheduled City Council meetings in 2025.2. Cancel the regularly scheduled City Council meetings of January 7, 2025 andAugust 5, 2025.3. Direct staff to post Notice(s) of Cancellation and waive notice to the City Council ofsaid meetings as required by the Government Code.8.Fiscal Year 202425 First Quarter Budget Update and Proposed AppropriationAdjustmentsDepartment(s): Finance and Management ServicesRecommended Action: 1. Receive and file the 1st Quarter Budget Update.2. Approve $2.9 million in appropriation adjustments as detailed in the body of thereport, including multiple restricted fund adjustments and one housekeeping adjustmentto the General Fund with a net zero impact. (Requires five affirmative votes)9.Appropriation Adjustment Recognizing Permanent Local Housing Allocation Round 4(NonGeneral Fund)Department(s): Community Development AgencyRecommended Action: Approve an appropriation adjustment recognizing$2,403,595 in funds from the State of California, into the Permanent Local HousingAllocation (PLHA) Program revenue account and appropriate the same amount into thePLHA Round 4 expenditure account to address homelessness in the City of Santa Ana.(Requires five affirmative votes)10.Approve Appropriation Adjustment to Recognize the Bureau of Justice AssistanceFY24 – Byrne Discretionary Community Project Grant Funds (NonGeneral Fund)Department(s): Community Development AgencyRecommended Action: Approve appropriation adjustment to recognize adisbursement of $963,000 in funds from the Department of Justice – Office of JusticePrograms, Bureau of Justice Assistance in revenue account (no. 1271800252000,Federal GrantDirect) and appropriate the same amount to expenditure account (no.1271870069135, Payment to Subagent) to implement the Santa Ana AlternativeResponse Program. (Requires five affirmative votes)11.Agreement with Families Forward, Inc. for the Administration of an Eviction PreventionProgram (NonGeneral Fund)Department(s): Community Development AgencyRecommended Action: Authorize the City Manager to execute an agreement withFamilies Forward, Inc. to administer an Eviction Prevention Program for a oneyearterm beginning November 19, 2024 in an amount not to exceed $730,046 (AgreementNo. A2024XXX).12.First Amendment to the Fiscal Year (FY) 202425 Emergency Solutions Grant (ESG)Subrecipient Agreement with Interval House and Orange County’s United Way, as wellas a New Memorandum of Understanding (MOU) with the Santa Ana PoliceDepartment for Street Outreach and EngagementDepartment(s): Community Development AgencyRecommended Action:1. Authorize the City Manager to execute a First Amendment to the FY 202425 ESGSubrecipient Agreement with Interval House to increase the amount of the agreementby $35,124 to provide additional emergency shelter and supportive services tosurvivors of domestic violence from the City of Santa Ana (Agreement No. A2024XXX).2. Authorize the City Manager to execute a First Amendment to the FY 202425 ESGSubrecipient Agreement with Orange County’s United Way to increase the amount ofthe agreement by $17,562 to conduct additional Homeless Management InformationSystem (HMIS) data management (Agreement No. A2024XXX).3. Authorize the City Manager to execute a new Memorandum of Understanding(MOU) with the Santa Ana Police Department (SAPD) for the Homeless EvaluationAssessment Response Team (H.E.A.R.T.) Program to serve Santa Ana residentsexperiencing homelessness through street outreach and engagement for a new totalamount of $81,321. The total funding amount is comprised of $46,197 in FY 202425ESG funds and a $35,124 reallocation from FY 202324 ESG funds (Agreement No.A2024XXX).13.Second Amendment to Legal Services Agreement with Nathan & Kamionski LLP toAmend Hourly RatesDepartment(s): City Attorney’s OfficeRecommended Action: Approve Second Amendment to Legal Services Agreementwith Nathan & Kamionski LLP to amend the hourly rates: Partners from $350 to $325and Paralegals from $150 to $125 (Agreement No. A2024XXX).14.Grant Agreement and Appropriation Adjustment Recognizing Grant Revenue in theAmount of $13,627 for the California State Library Zip Books ProjectDepartment(s): LibraryRecommended Action:1. Authorize the Library Services Director to execute a Grant Agreement viaDocuSign, accepting grant funds from the California State Library in theamount of $13,627 for the FY 202425 Zip Books Project (Agreement No. A2024XXX).2. Approve an appropriation adjustment recognizing $13,627 into the Library’sPublic Library Grant, State GrantDirect revenue account and appropriate thesame into the Public Library Grant, Books Records Videos expenditureaccount to implement the program. (Requires five affirmative votes)15.Approve the Naming of a Park Located Between Fairview Street and King StreetDepartment(s): Parks, Recreation, and Community ServicesRecommended Action: Affirm the Planning Commission’s adoption of a resolutionapproving Public Facilities Naming No. 202401 and recommend approval of thename “ArtesiaPilar Park” for the park located between Fairview Street and KingStreet.16.Agreement for Park Host, Volunteer Acknowledgment, Release of Liability, IndemnityAgreement, and Waiver for Thornton Park Park HostDepartment(s): Parks, Recreation, and Community ServicesRecommended Action: Approve an agreement with Thornton Park park host tocomplete the pilot Park Host Volunteer Pilot Program by December 31, 2025(Agreement No. A2024XXX).17.Revised Grant Agreement with State of California Office of Traffic Safety (“OTS”)(NonGeneral Fund)Department(s): Police DepartmentRecommended Action: Receive and file the revised grant agreement with the Stateof California Office of Traffic Safety (“OTS”) for the Selective Traffic EnforcementProgram in an amount not to exceed $755,000 approved at the October 1, 2024 CityCouncil meeting (A2024156).18.Agreements with Elite Command Training Corporation, Utility Response TrainingAssociates, LLC, and SenseMakers, LLC to Provide Training Services for the UrbanArea Security Initiative Grant Program FY2022 FY2026 (Specification Nos. 23187A, 23188A, 23189A) (NonGeneral Fund)Department(s): Police DepartmentRecommended Action:Authorize the City Manager to execute threeyear agreements, with two, oneyearrenewal options, with the following three vendors to provide ongoing trainingdeliverables to the Anaheim/Santa Ana Urban Area on an asneeded basis, for thethreeyear period of November 19, 2024 through November 18, 2027 with twooptional oneyear renewals, in an aggregate amount not to exceed $270,444 (CoreAgreement No. A2024XXX):Elite Command Training Corporation – total amount not to exceed $83,112;Utility Response Training Associates, LLC – total amount not to exceed$62,982;SenseMakers, LLC – total amount not to exceed $124,35019.Appropriation Adjustments to Recognize Special Gas Tax and Transportation SystemImprovement Area Funds Fund Balance and Amendments to the Fiscal Year 202425Capital Improvement Program for Various ProjectsDepartment(s): Public Works AgencyRecommended Action: 1. Approve an appropriation adjustment recognizing$200,000 of prioryear fund balance in Special Gas Tax, Prior Year Carry Forwardrevenue account and Select Street Construction, Transfer from Fund 029 revenueaccount, and appropriate the same amount into the Gas Tax Interfund Transfer,Transfer to Fund 059 expenditure account and HUTA 2103 Gas Tax, ImprovementsOther Than Buildings expense account. (Requires five affirmative votes)2. Approve an appropriation adjustment recognizing $434,400 of prioryear fundbalance in the New Transportation System Improvement Area E, Prior Year CarryForward revenue account, and appropriate the same amount to the NewTransportation System Improvement Area E, Improvements Other Than Buildingsexpense account. (Requires five affirmative votes)3. Approve an appropriation adjustment recognizing $5,100,000 in prior year fundbalance in the Transportation System Improvement Authorization Area B, Prior YearCarry Forward revenue account, and appropriate the same amount into theTransportation System Improvement Authorization Area B Tustin, Improvements OtherThan Buildings expenditure account. (Requires five affirmative votes)4. Approve an amendment to the Fiscal Year 202425 Capital Improvement Programto include $200,000 of Special Gas Tax, HUTA 2103 Gas Tax funds for the 10th Streetand Flower Street Project (Project No. 221342).5. Approve an amendment to the Fiscal Year 202425 Capital Improvement Programto include $434,400 of New Transportation System Improvement Area E funds for theWarner Widening Phase 1 Project (Project No. 146802).6. Approve an amendment to the Fiscal Year 202425 Capital Improvement Programto include $5,000,000 of Transportation System Improvement Authorization Area Bfunds for the Warner Phase 2 Widening Project (Project No. 186901).7. Approve an amendment to the Fiscal Year 202425 Capital Improvement Programto include $100,000 of Transportation System Improvement Authorization Area Bfunds for the Warner Phase 2 Bikeway Project (Project No. 206971).20.Purchase Order Contracts with Cali State Paving, Inc., Hardy & Harper, Inc., andPaveco Construction Inc. for OnCall Asphalt and Portland Cement Concrete StreetRepairs (Specification No. 24110) (NonGeneral Fund)Department(s): Public Works AgencyRecommended Action: Award aggregate purchase order contracts to the vendorslisted below for oncall asphalt and portland cement concrete street repairs on an asneeded basis, in an annual amount not to exceed $2,380,000, for an initial threeyearterm expiring November 18, 2027, with provisions for two, oneyear renewal options.VendorCali State Paving, Inc.LocationRiverside, CAHardy & Harper, Inc.Lake Forest, CAPaveco Construction Inc.Riverside, CA21.Award a Construction Contract to Towo Enterprise Inc. for the Alley ImprovementsProgram (No. 246910)(General Fund)Department(s): Public Works AgencyRecommended Action: 1. Approve the Project Cost Analysis for a total estimatedconstruction delivery cost of $1,970,000, which includes $1,576,000 for theconstruction contract, $236,400 for contract administration, inspection, and testing,and a $157,600 project contingency for unanticipated or unforeseen work due to thecomplexity and extensive scope of this project.2. Award a construction contract to Towo Enterprises Inc., the lowest responsiblebidder, in accordance with the base bid and bid alternates in the amount of$1,576,000, subject to change orders, for construction of the Alley ImprovementsProgram (No. 246910), for a term beginning November 19, 2024 and ending uponproject completion, and authorize the City Manager to execute the contract.3. Determine that, pursuant to the California Environmental Quality Act, therecommended actions are exempt from further review. Categorical ExemptionEnvironmental Review No. ER20249 was filed for Project No. 246910.22.Agreement with Sterling Health Services, Inc. for Affordable Care Act ComplianceServices in an Amount Not to Exceed $50,000 (NonGeneral Fund)Department(s): Human ResourcesRecommended Action: Authorize the City Manager to execute an agreement withSterling Health Services, Inc. to provide Affordable Care Act compliance services forthree years, effective November 19, 2024 through October 31, 2027, with provisionsfor two optional oneyear extensions, not to exceed $10,000 per year (Agreement No.A2024XXX).23.Approve a Second Amendment to City Clerk Employment Agreement and Adopt aResolution Approving the Council Appointee Salary ScheduleDepartment(s): Human ResourcesRecommended Action: 1. Approve a second amendment to the City ClerkEmployment Agreement reflecting the positive City Clerk performance evaluationconducted on October 15, 2024 and approving an adjusted annual salary for the CityClerk and an increase in the amount of deferred compensation provided by the City(Agreement No. A2024XXX).2. Adopt a resolution updating the City’s Classification and Compensation Plan withthe amended annual salary for City Clerk, and approving the Council AppointeeSalary Schedule in compliance with the California Public Employees' RetirementSystem (CalPERS) and Title 2 of the California Code of Regulations section 570.5.RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OFTHE CITY OF SANTA ANA TO EFFECT CERTAIN CHANGES TO THE CITY’SCLASSIFICATION AND COMPENSATION PLAN24.Adopt a Resolution to Effect Certain Changes to the City’s Basic Classification andCompensation Plan and Update the Salary Schedule for Santa Ana ManagementAssociation (SAMA)Department(s): Human ResourcesRecommended Action: Adopt a resolution to effect certain changes to the City’sbasic classification and compensation plan and to update the salary schedule forSAMA as requested by CalPERS, and in compliance with CalPERS California Codeof Regulations section 570.5.RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OFTHE CITY OF SANTA ANA TO EFFECT CERTAIN CHANGES TO THE CITY’SCLASSIFICATION AND COMPENSATION PLAN25.Conflict of Interest Code AmendmentsDepartment(s): City Clerk’s OfficeRecommended Action: Adopt a resolution approving an amended Conflict ofInterest Code for the City and its agencies and departments. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OFTHE CITY OF SANTA ANA AMENDING THE CONFLICT OF INTEREST CODE OFTHE CITY AND VARIOUS AGENCIES AND DEPARTMENTS26.Resolution and Appropriation Adjustment Accepting The James Irvine Foundation –Better Career’s Public Sector Practice Change GrantDepartment(s): Community Development AgencyRecommended Action: 1. Adopt a resolution to accept The James IrvineFoundation – Better Career’s Public Sector Practice Change grant for $300,000 for atwoyear term ending November 2026.RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OFTHE CITY OF SANTA ANA APPROVING THE ACCEPTANCE OF GRANT FUNDSFROM THE IRVINE FOUNDATION TO IMPROVE COORDINATION, SERVICEDELIVERY, AND SUPPORT TO LOWINCOME COMMUNITIES IN SANTA ANA2. Authorize the City Manager, or designee, to sign and submit all documentsincluding the initial agreement, and amendments which may be necessary for thecompletion of the project.3. Approve an appropriation adjustment to recognize $300,000 in funds to JamesIrvine Foundation GrantOther account (no. 1311800252040) and appropriating thesame amount into the James Irvine Foundation expenditure account (no. 13118700various) (Requires five affirmative votes).27.Resolution Authorizing a Reciprocal Agreement with the California Franchise TaxBoard for the Exchange of Business License Tax DataDepartment(s): Finance and Management ServicesRecommended Action: 1. Adopt a resolution authorizing a reciprocal agreementwith the California Franchise Tax Board for the exchange of business license tax data.RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY OF SANTAANA AUTHORIZING A RECIPROCAL AGREEMENT WITH THE CALIFONIAFRANCHISE TAX BOARD FOR THE EXCHANGE OF BUSINESS LICENSE TAXDATA2. Approve a nonfinancial reciprocal agreement with the California Franchise TaxBoard for the exchange of business license tax data (Agreement No. A2024XXX).28.Resolution Approving the Acceptance of Contract Funds from the CaliforniaDepartment of Social Services (CDSS)Department(s): Parks, Recreation, and Community ServicesRecommended Action: 1. Adopt a resolution approving the acceptance of contractfunds from CDSS for startup funding for after school care and full day camps for childcare and development programming.RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OFTHE CITY OF SANTA ANA ACCEPTING CONTRACT FUNDS FROM THECALIFORNIA DEPARTMENT OF SOCIAL SERVICES FOR PROVISION OF CHILDCARE AND DEVELOPMENT SERVICES AND AUTHORIZING THE CITYMANAGER OR DESIGNEE TO NEGOTIATE AND EXECUTE ANY AGREEMENTSOR AMENDMENTS THERETO THAT MAY BE NECESSARY2. Approve the agreement with CDSS for child care and development programming(Agreement No. A2024XXX).3. Approve an appropriation adjustment for program startup funding to recognize$915,583 from the CDSS in the PRCSA Revenue Account, Center Programs(1311300253301) and appropriate the same amount in the PRCSA, ChildDevelopment Services expenditure accounts (13113251various). (Requires fiveaffirmative votes)4. Adopt a resolution amending the current fiscal year 20242025 annual budget toadjust fulltime positions in the Parks, Recreation, and Community Services Agency,including additions and a reallocation. (Requires five affirmative votes)RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OFTHE CITY OF SANTA ANA TO AMEND THE CURRENT FISCAL YEAR 20242025ANNUAL BUDGET TO ADD FULLTIME POSITIONS IN THE PARKS, RECREATIONAND COMMUNITY SERVICES AGENCY29.Third OneYear Extension of Site Plan Review No. 201603 and Variance Nos. 201705 and 201706 for The Madison MixedUse Development Project Located at 200North Cabrillo Park DriveDepartment(s): Planning and Building AgencyRecommended Action:1. Adopt a resolution approving a third and final oneyear extension of Site PlanReview No. 201603, Variance No. 201705, and Variance No. 201706 to December31, 2025.RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OFTHE CITY OF SANTA ANA APPROVING A THIRD ONEYEAR EXTENSION OF SITEPLAN REVIEW NO. 201603, VARIANCE NO. 201705, AND VARIANCE NO. 201706 FOR THE MADISON MIXEDUSE DEVELOPMENT LOCATED AT 200 NORTHCABRILLO PARK DRIVE2. Determine that, pursuant to the California Environmental Quality Act (CEQA) andthe CEQA Guidelines, the extension for this project is exempt pursuant to Section15061(b)(3). This determination has been made as it has been determined that theproposed action to extend the existing, approved entitlement does not have thepotential to cause a significant effect on the environment, as the existing, approvedentitlement has already been evaluated pursuant to CEQA.30.Third OneYear Extension of Site Plan Review No. 202003 and Variance No. 202006 for the 4th and Mortimer MixedUse Development Project Located at 409 and 509East Fourth StreetDepartment(s): Planning and Building AgencyRecommended Action: 1. Adopt a resolution approving a third and final oneyearextension of Site Plan Review No. 202003 and Variance No. 202006 to December15, 2025.RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OFTHE CITY OF SANTA ANA APPROVING A THIRD ONEYEAR EXTENSION OF SITEPLAN REVIEW 202003 AND VARIANCE NO. 202006 FOR THE 4TH ANDMORTIMER MIXEDUSE DEVELOPMENT LOCATED AT 409 AND 509 EASTFOURTH STREET2. Determine that, pursuant to the California Environmental Quality Act (CEQA) andthe CEQA Guidelines, the extension for this project is exempt pursuant to Section15061(b)(3). This determination has been made as it has been determined that theproposed action to extend the existing, approved entitlement does not have thepotential to cause a significant effect on the environment, as the existing, approvedentitlement has already been evaluated pursuant to CEQA.31.Resolutions Authorizing Grant Applications for the Fiscal Year 202526 Measure M2Comprehensive Transportation Funding Program (NonGeneral Fund)Department(s): Public Works AgencyRecommended Action: 1. Adopt resolutions authorizing the City of Santa Ana tosubmit applications for funding consideration under the Measure M2 ComprehensiveTransportation Funding Program 202526 Call for Projects.RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OFTHE CITY OF SANTA ANA APPROVING THE SUBMITTAL OF IMPROVEMENTPROJECTS TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY FORFUNDING UNDER THE COMPREHENSIVE TRANSPORTATION PROGRAMRESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OFTHE CITY OF SANTA ANA APPROVING THE SUBMITTAL OF IMPROVEMENTPROJECTS TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY FORFUNDING UNDER THE REGIONAL TRAFFIC SIGNAL SYNCHRONIZATIONPROGRAM2. Direct staff to incorporate approved Comprehensive Transportation FundingProgram projects into the SevenYear Capital Improvement Program for Fiscal Year202526.**END OF CONSENT CALENDAR**BUSINESS CALENDAR32.Ordinance Adding Article XIV to Chapter 10 (Crimes and Miscellaneous LawEnforcement Provision) and Amending Related Sections in Chapter 31, Chapter 33,and Chapter 36 of the Santa Ana Municipal CodeDepartment(s): Police DepartmentRecommended Action: Conduct a first reading and adopt an ordinance adding andamending various articles and sections of the Santa Ana Municipal Code to prohibitconduct that interferes with public rights of access to public property to addresschanges in the law brought by the City of Grants Pass, Oregon v. Johnson, et. al., 144S. Ct. 2202 (2024):ORDINANCE NO. NSXXXX entitled AN ORDINANCE OF THE CITY COUNCIL OFTHE CITY OF SANTA ANA ADDING ARTICLE XIV (PROHIBITING INTERFERENCEWITH AND ACCESS TO PUBLIC PROPERTY) TO CHAPTER 10 (CRIMES ANDMISCELLANEOUS LAW ENFORCEMENT PROVISIONS) OF THE SANTA ANAMUNICIPAL CODE AND AMENDING RELATED SECTIONS IN CHAPTER 10,CHAPTER 31 (RECREATION, PARKS AND PLAYGROUNDS), CHAPTER 33(STREETS, SIDEWALKS AND PUBLIC WORKS, AND CHAPTER 36 (TRAFFIC)TO PROHIBIT CONDUCT THAT INTERFERES WITH PUBLIC RIGHTS OF ACCESSTO PUBLIC PROPERTY TO ADDRESS CHANGES IN LAW BROUGHT ABOUT BYCITY OF GRANTS PASS, OREGON V. JOHNSON, ET. AL., 144 S. Ct. 2202 (2024)33.Investigation Regarding Councilmember Johnathan Ryan Hernandez (Continued fromthe Special Meeting of October 28, 2024; Item No. 1)Department(s): City Manager’s OfficeRecommended Action: Discuss and Address Potential Remedies Regarding theInvestigator’s Sustained Findings Regarding Councilmember Johnathan RyanHernandez and Take Potential Action or Direct Staff Accordingly.**END OF BUSINESS CALENDAR**PUBLIC HEARINGSPUBLIC COMMENTS – Members of the public may address the City Council on each of thePublic Hearing items.34.Public Hearing Appeal Application No. 202401, Appealing the Decision of thePlanning Commission to Approve Conditional Use Permit (CUP) No. 202206Allowing the Construction of an Accessory Structure within the Rear Yard of anExisting SingleFamily Residence Located at 2221 North Heliotrope Drive (APNs:00208145 And 00208146)Legal notice published in the OC Reporter on November 6, 2024 and mailed onNovember 7, 2024.Department(s): Planning and Building AgencyRecommended Action: 1. Adopt a resolution denying Appeal Application No. 202401, upholding the Planning Commission’s approval of a resolution to approveConditional Use Permit (CUP) No. 202206 to allow the construction of an accessorystructure within the rear yard of an existing singlefamily residence located at 2221North Heliotrope Drive (APNs: 00208145 and 00208146).RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OFTHE CITY OF SANTA ANA DENYING APPEAL APPLICATION NO. 202401 ANDUPHOLDING THE DETERMINATION OF THE PLANNING COMMISSION TOAPPROVE CONDITIONAL USE PERMIT NO. 202206 AS CONDITIONED TOALLOW THE CONSTRUCTION OF AN ACCESSORY STRUCTURE EXCEEDINGFIFTEEN FEET IN HEIGHT WITHIN THE REAR YARD OF THE PROPERTY
<br />LOCATED AT 2221 NORTH HELIOTROPE DRIVE (APN: 00208145 AND 002081
<br />46)
<br />2. Determine that, pursuant to the California Environmental Quality Act (CEQA) and
<br />the CEQA Guidelines, the project is exempt from further review pursuant to Section
<br />15303 of the CEQA Guidelines (Class 3New Construction or Conversion of Small
<br />Structures) because the project involves the construction of a small accessory
<br />structure.
<br />35.Public Hearing – Conduct a First Reading and Adopt Ordinance Amendment (OA)
<br />No. 202404 Repealing and Reenacting in its Entirety Article XXI to Chapter 8 of the
<br />Santa Ana Municipal Code (SAMC) Prohibiting ShortTerm Rentals (STRs), and
<br />Adopt Enhanced Fines for Violations of the ShortTerm Rentals Ordinance
<br />Published in the OC Reporter on November 8, 2024.
<br />Department(s): Planning and Building Agency
<br />Recommended Action: 1. Introduce for first reading an ordinance (OA No. 202404)
<br />amending the Santa Ana Municipal Code (SAMC) to repeal and reenact in its entirety
<br />Article XXI to Chapter 8 of the SAMC prohibiting ShortTerm Rentals.
<br />ORDINANCE NO. NSXXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF
<br />THE CITY OF SANTA ANA, CALIFORNIA, REPEALING AND REENACTING IN ITS
<br />ENTIRETY ARTICLE XXI TO CHAPTER 8 OF THE SANTA ANA MUNICIPAL CODE
<br />PROHIBITING SHORTTERM RENTALS
<br />2. Adopt a resolution setting administrative fines for violating provisions of the Santa
<br />Ana Municipal Code.
<br />RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF
<br />THE CITY OF SANTA ANA SETTING ADMINISTRATIVE FINES FOR VIOLATING
<br />PROVISIONS OF THE SANTA ANA MUNICIPAL CODE
<br />3. Find that, in accordance with the California Environmental Quality Act (CEQA),
<br />based on the substantial evidence set forth in the record, including but not limited to
<br />the General Plan Update Final Program Environmental Impact Report (State
<br />Clearinghouse No. 2020029087) and the Addendum prepared for adoption of the
<br />proposed Ordinance and Resolution, the project is exempt from further environmental
<br />analysis. In the alternative, the adoption of the Ordinance and Resolution is
<br />categorically exempt pursuant to State CEQA Guidelines section 15301 – Class 1,
<br />Existing Facilities.
<br />COUNCILMEMBER REQUESTED ITEMS
<br />36.Discuss and Consider Directing the City Manager, City Attorney, and City Clerk to
<br />Draft a Resolution Issuing a Formal Apology to the Family of Edgar Vargas, an
<br />Undocumented Young Man, who was a Victim of Police Misconduct in 2014 Which
<br />Resulted in his Wrongful Transfer to U.S. Immigration and Customs Enforcement (ICE)
<br />– Councilmember Vazquez
<br />37.Discuss and Consider Directing the City Manager, City Attorney, and City Clerk to
<br />Prepare an Ordinance Prohibiting Contracts with City Officials and their Immediate
<br />Family Members – Councilmember 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.
<br />Future Items
<br />1. Street Outreach and Engagement Agreement with CityNet
<br />2. Japanese Garden and Tea House Structure Protection and Maintenance Resolution
<br />3. November 5, 2024 General Municipal Elections Results
<br />POSTING STATEMENT: On November 12, 2024, a true and correct copy of this agenda was
<br />posted at the entrance to City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. Internet
<br />Access to City Council, Agency, and Authority agendas and related material is available prior
<br />to meetings at santaana.org/agendasandminutes.
<br />
<br />City Council 18 11/19/2024
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