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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 Clerk
<br />In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting,
<br />contact Michael Ortiz, City ADA Program Coordinator, at (714) 6475624. Notification 48 hours prior to the Meeting will enable
<br />the City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supporting
<br />documentation can be found on the City’s website – www.santaana.org/agendasandminutes.
<br />CITY VISION AND CODE OF ETHICS
<br />The City of Santa Ana is committed to achieving a shared vision for the organization and its
<br />community. The Vision, Mission and Guiding Principles (Values) are the result of a thoughtful
<br />and inclusive process designed to set the City and organization on a course that meets the
<br />challenges of today and tomorrow, as follows:
<br />Vision The dynamic center of Orange County which is acclaimed for our: Investment in
<br />youth • Safe and healthy community • Neighborhood pride • Thriving economic climate •
<br />Enriched and diverse culture • Quality government services
<br />Mission To deliver efficient public services in partnership with our community which ensures
<br />public safety, a prosperous economic environment, opportunities for our youth, and a high
<br />quality of life for residents.
<br />Guiding Principles Collaboration • Efficiency • Equity • Excellence • Fiscal Responsibility •
<br />Innovation • Transparency
<br />Code of Ethics and Conduct At the Special Municipal Election held on February 5, 2008,
<br />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 />PUBLIC COMMENTS – Members of the public who wish to address the City Council on
<br />closed session items, items on the regular agenda, or on matters which are not on the
<br />agenda but are within the subject matter jurisdiction of the City Council, may do so by one of
<br />the following ways:
<br />MAILING OPTION written communications – Public comments may be mailed to:
<br />Office of the City Clerk, 20 Civic Center Plaza M30, Santa Ana, CA 92701. All written
<br />communications received via mail by 4:00 p.m. on the day of the meeting will be
<br />distributed to the City Council and imaged into the City’s document archive system
<br />which is available for public review.
<br />SENDING EMAIL OPTION – Public comments may be sent via email to the City
<br />Clerk’s office at eComment@santaana.org. Please note the agenda item you are
<br />commenting on in the subject line of the email. All emails received two (2) hours before
<br />the scheduled start of the meeting will be distributed to the City Council and imaged
<br />into the City’s document archive system which is available for public review.
<br />LIVE VIRTUAL OPTION – As a courtesy, members of the public may provide live
<br />comments during the meeting by Zoom or Conference Call. To join by Zoom click on or
<br />type the following address into your web browser
<br />https://us02web.zoom.us/j/315965149. To join the Conference Call: Dial (669) 900
<br />9128 and enter MEETING ID: 315 965 149#. You will be prompted by the City Clerk
<br />when it is time for a: i) closed session item, ii) agenda/general comments, or iii) public
<br />hearing item. You may request to speak by dialing *9 from your phone or you may
<br />virtually raise your hand from Zoom. After the Clerk confirms the last three digits of the
<br />caller’s phone number or Zoom ID and unmutes them, the caller must press *6 or
<br />microphone icon to speak. Callers are encouraged, but not required, to identify
<br />themselves by name. Each caller will be provided three (3) minutes to speak, unless
<br />due to the number of speakers wanting to speak a decision is made to provide a
<br />different amount of time to speak.
<br />INPERSON OPTION Members of the public can provide inperson comments at the
<br />podium in the Council Chamber. The Council Chamber will have seating available for
<br />members of the public to attend the meeting inperson. Public comments are limited to
<br />three (3) minutes per speaker, unless a different time is announced by the presiding
<br />chair. Speakers who wish to address the Council must do so by submitting a
<br />“Request to Speak” card by 4:00 p.m. for Closed Session items and by 5:45 p.m.
<br />for all other designated public comment periods as listed below. Cards will not be
<br />accepted after the Public Comment Session begins without the permission of the
<br />presiding chair.
<br />The following designated public comment periods are:
<br />1. LIVE PUBLIC COMMENTS ON CLOSED SESSION ITEMS – You can provide live
<br />comments on closed session items by joining Zoom or the Conference Call as described in
<br />the LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will open
<br />at 3:30 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL and raise your hand
<br />BY 4:00 p.m. Speakers who are not in the speaker queue with their hand raised by 4:00 p.m.
<br />will not be permitted to speak.
<br />2. LIVE PUBLIC COMMENTS ON REGULAR AGENDA ITEMS AND NONAGENDA
<br />ITEMS (GENERAL PUBLIC COMMENT) – You can provide comments by joining Zoom or
<br />the Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTS
<br />OPTION above. Speaker queue will open at 3:30 p.m. YOU MUST JOIN ZOOM OR THE
<br />CONFERENCE CALL and raise your hand PRIOR TO 5:45 p.m. Speakers who are not in
<br />the speaker queue with their hand raised by 5:45 p.m. will not be permitted to speak.
<br />3. LIVE PUBLIC COMMENTS ON PUBLIC HEARING ITEMS – You can provide
<br />comments by joining Zoom or the Conference Call as described in the LIVE or INPERSON
<br />PUBLIC COMMENTS OPTION above. Speakers not in the queue by 5:45 p.m. will not be
<br />permitted to speak.
<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 />CLOSED 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 />ADDITIONS\DELETIONS TO CLOSED SESSION
<br />PUBLIC COMMENTS – Members of the public may address the City Council on Closed
<br />Session items.
<br />RECESS – City Council will recess to Closed Session for the purpose of conducting regular
<br />City business.
<br />CLOSED SESSION ITEMS – The Brown Act permits legislative bodies to discuss certain
<br />matters without members of the public present. The City Council finds, based on advice from
<br />the City Attorney, that discussion in open session of the following matters will prejudice the
<br />position of the City in existing and anticipated litigation:
<br />1.CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION pursuant to
<br />Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code:
<br />A. Share Our Selves Corporation v. City of Santa Ana, United States District Court
<br />Case No. 8:23cv000504DOCKES
<br />B. Romero v. City of Santa Ana, et al., Orange County Superior Court, Case No. 30
<br />202201273032
<br />C. Bertha Amezcua Padilla, et al. v. City of Santa Ana, et al., United States District
<br />Court Case No.: 8:22cv01326 KK (ADSx)
<br />2.CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section
<br />54957.6(a):
<br />Agency Negotiator: Lori Schnaider, Executive Director of Human Resources
<br />Employee Organization: Service Employee International Union Local 721, PartTime
<br />NonCivil Service Employees
<br />3.PUBLIC EMPLOYEE APPOINTMENT pursuant to Government Code Section
<br />54957(b)(1)
<br />Title: Independent Oversight Director to the Santa Ana Police Oversight Commission
<br />RECONVENE – City Council will reconvene to continue regular City business.
<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 />PLEDGE OF ALLEGIANCE Mayor Amezcua
<br />WORDS OF INSPIRATION Police Chaplain
<br />ADDITIONS\DELETIONS TO THE AGENDA
<br />CEREMONIAL PRESENTATIONS
<br />1.Proclamation presented by Mayor Amezcua to National Hispanic Business Women
<br />Association, in honor of National Women’s Small Business Month
<br />2.Proclamation presented by Councilmember Bacerra to Hands Together – A Center for
<br />Children, in honor of their 25year anniversary
<br />3.Certificate of Recognition presented by Councilmember Lopez to Hope Builders for
<br />their Outstanding Contributions to the Community
<br />CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed
<br />Session.
<br />PUBLIC COMMENTS – Public comments will be held during the beginning of the meeting
<br />for ALL comments on agenda and nonagenda items, with the exception of public hearings.
<br />Comments for public hearings will take place after the hearing is opened.
<br />CONSENT CALENDAR
<br />RECOMMENDED ACTION: Approve staff recommendations on the following
<br />Consent Calendar Items: 4 through 31 and waive reading of all resolutions
<br />and ordinances.
<br />4.Excused Absences
<br />Department(s): City Clerk’s Office
<br />Recommended Action: Excuse the absent members.
<br />5.Minutes from the Regular Meeting of October 1, 2024, the Regular Meeting of October
<br />15, 2024, and the Special Meeting of October 28, 2024
<br />Department(s): City Clerk’s Office
<br />Recommended Action: Approve minutes.
<br />6.Appoint Alexandra Cheney Nominated by Councilmember Penaloza as the Ward 6
<br />Representative to the Environmental and Transportation Advisory Commission for a
<br />Partial Term Expiring December 8, 2026
<br />Department(s): City Clerk’s Office
<br />Recommended Action: Appoint Alexandra Cheney to the Environmental and
<br />Transportation Advisory Commission as the Ward 6 representative and administer the
<br />Oath of Office. (Pursuant to SAMC Sec. 2326(a), requires five affirmative votes)
<br />7.Review and Approve the Annual Calendar of City Council Meetings for 2025
<br />Department(s): City Clerk’s Office
<br />Recommended Action:
<br />1. Review calendar of regularly scheduled City Council meetings in 2025.
<br />2. Cancel the regularly scheduled City Council meetings of January 7, 2025 and
<br />August 5, 2025.
<br />3. Direct staff to post Notice(s) of Cancellation and waive notice to the City Council of
<br />said meetings as required by the Government Code.
<br />8.Fiscal Year 202425 First Quarter Budget Update and Proposed Appropriation
<br />Adjustments
<br />Department(s): Finance and Management Services
<br />Recommended Action: 1. Receive and file the 1st Quarter Budget Update.
<br />2. Approve $2.9 million in appropriation adjustments as detailed in the body of the
<br />report, including multiple restricted fund adjustments and one housekeeping adjustment
<br />to the General Fund with a net zero impact. (Requires five affirmative votes)
<br />9.Appropriation Adjustment Recognizing Permanent Local Housing Allocation Round 4
<br />(NonGeneral Fund)
<br />Department(s): Community Development Agency
<br />Recommended Action: Approve an appropriation adjustment recognizing
<br />$2,403,595 in funds from the State of California, into the Permanent Local Housing
<br />Allocation (PLHA) Program revenue account and appropriate the same amount into the
<br />PLHA Round 4 expenditure account to address homelessness in the City of Santa Ana.
<br />(Requires five affirmative votes)
<br />10.Approve Appropriation Adjustment to Recognize the Bureau of Justice Assistance
<br />FY24 – Byrne Discretionary Community Project Grant Funds (NonGeneral Fund)
<br />Department(s): Community Development Agency
<br />Recommended Action: Approve appropriation adjustment to recognize a
<br />disbursement of $963,000 in funds from the Department of Justice – Office of Justice
<br />Programs, Bureau of Justice Assistance in revenue account (no. 1271800252000,
<br />Federal GrantDirect) and appropriate the same amount to expenditure account (no.
<br />1271870069135, Payment to Subagent) to implement the Santa Ana Alternative
<br />Response Program. (Requires five affirmative votes)
<br />11.Agreement with Families Forward, Inc. for the Administration of an Eviction Prevention
<br />Program (NonGeneral Fund)
<br />Department(s): Community Development Agency
<br />Recommended Action: Authorize the City Manager to execute an agreement with
<br />Families Forward, Inc. to administer an Eviction Prevention Program for a oneyear
<br />term beginning November 19, 2024 in an amount not to exceed $730,046 (Agreement
<br />No. A2024XXX).
<br />12.First Amendment to the Fiscal Year (FY) 202425 Emergency Solutions Grant (ESG)
<br />Subrecipient Agreement with Interval House and Orange County’s United Way, as well
<br />as a New Memorandum of Understanding (MOU) with the Santa Ana Police
<br />Department for Street Outreach and Engagement
<br />Department(s): Community Development Agency
<br />Recommended Action:
<br />1. Authorize the City Manager to execute a First Amendment to the FY 202425 ESG
<br />Subrecipient Agreement with Interval House to increase the amount of the agreement
<br />by $35,124 to provide additional emergency shelter and supportive services to
<br />survivors of domestic violence from the City of Santa Ana (Agreement No. A2024
<br />XXX).
<br />2. Authorize the City Manager to execute a First Amendment to the FY 202425 ESG
<br />Subrecipient Agreement with Orange County’s United Way to increase the amount of
<br />the agreement by $17,562 to conduct additional Homeless Management Information
<br />System (HMIS) data management (Agreement No. A2024XXX).
<br />3. Authorize the City Manager to execute a new Memorandum of Understanding
<br />(MOU) with the Santa Ana Police Department (SAPD) for the Homeless Evaluation
<br />Assessment Response Team (H.E.A.R.T.) Program to serve Santa Ana residents
<br />experiencing homelessness through street outreach and engagement for a new total
<br />amount of $81,321. The total funding amount is comprised of $46,197 in FY 202425
<br />ESG funds and a $35,124 reallocation from FY 202324 ESG funds (Agreement No.
<br />A2024XXX).
<br />13.Second Amendment to Legal Services Agreement with Nathan & Kamionski LLP to
<br />Amend Hourly Rates
<br />Department(s): City Attorney’s Office
<br />Recommended Action: Approve Second Amendment to Legal Services Agreement
<br />with Nathan & Kamionski LLP to amend the hourly rates: Partners from $350 to $325
<br />and Paralegals from $150 to $125 (Agreement No. A2024XXX).
<br />14.Grant Agreement and Appropriation Adjustment Recognizing Grant Revenue in the
<br />Amount of $13,627 for the California State Library Zip Books Project
<br />Department(s): Library
<br />Recommended Action:
<br />1. Authorize the Library Services Director to execute a Grant Agreement via
<br />DocuSign, accepting grant funds from the California State Library in the
<br />amount of $13,627 for the FY 202425 Zip Books Project (Agreement No. A
<br />2024XXX).
<br />2. Approve an appropriation adjustment recognizing $13,627 into the Library’s
<br />Public Library Grant, State GrantDirect revenue account and appropriate the
<br />same into the Public Library Grant, Books Records Videos expenditure
<br />account to implement the program. (Requires five affirmative votes)
<br />15.Approve the Naming of a Park Located Between Fairview Street and King Street
<br />Department(s): Parks, Recreation, and Community Services
<br />Recommended Action: Affirm the Planning Commission’s adoption of a resolution
<br />approving Public Facilities Naming No. 202401 and recommend approval of the
<br />name “ArtesiaPilar Park” for the park located between Fairview Street and King
<br />Street.
<br />16.Agreement for Park Host, Volunteer Acknowledgment, Release of Liability, Indemnity
<br />Agreement, and Waiver for Thornton Park Park Host
<br />Department(s): Parks, Recreation, and Community Services
<br />Recommended Action: Approve an agreement with Thornton Park park host to
<br />complete the pilot Park Host Volunteer Pilot Program by December 31, 2025
<br />(Agreement No. A2024XXX).
<br />17.Revised Grant Agreement with State of California Office of Traffic Safety (“OTS”)
<br />(NonGeneral Fund)
<br />Department(s): Police Department
<br />Recommended Action: Receive and file the revised grant agreement with the State
<br />of California Office of Traffic Safety (“OTS”) for the Selective Traffic Enforcement
<br />Program in an amount not to exceed $755,000 approved at the October 1, 2024 City
<br />Council meeting (A2024156).
<br />18.Agreements with Elite Command Training Corporation, Utility Response Training
<br />Associates, LLC, and SenseMakers, LLC to Provide Training Services for the Urban
<br />Area Security Initiative Grant Program FY2022 FY2026 (Specification Nos. 23
<br />187A, 23188A, 23189A) (NonGeneral Fund)
<br />Department(s): Police Department
<br />Recommended Action:
<br />Authorize the City Manager to execute threeyear agreements, with two, oneyear
<br />renewal options, with the following three vendors to provide ongoing training
<br />deliverables to the Anaheim/Santa Ana Urban Area on an asneeded basis, for the
<br />threeyear period of November 19, 2024 through November 18, 2027 with two
<br />optional oneyear renewals, in an aggregate amount not to exceed $270,444 (Core
<br />Agreement No. A2024XXX):
<br />Elite Command Training Corporation – total amount not to exceed $83,112;
<br />Utility Response Training Associates, LLC – total amount not to exceed
<br />$62,982;
<br />SenseMakers, LLC – total amount not to exceed $124,350
<br />19.Appropriation Adjustments to Recognize Special Gas Tax and Transportation System
<br />Improvement Area Funds Fund Balance and Amendments to the Fiscal Year 202425
<br />Capital Improvement Program for Various Projects
<br />Department(s): Public Works Agency
<br />Recommended Action: 1. Approve an appropriation adjustment recognizing
<br />$200,000 of prioryear fund balance in Special Gas Tax, Prior Year Carry Forward
<br />revenue account and Select Street Construction, Transfer from Fund 029 revenue
<br />account, and appropriate the same amount into the Gas Tax Interfund Transfer,
<br />Transfer to Fund 059 expenditure account and HUTA 2103 Gas Tax, Improvements
<br />Other Than Buildings expense account. (Requires five affirmative votes)
<br />2. Approve an appropriation adjustment recognizing $434,400 of prioryear fund
<br />balance in the New Transportation System Improvement Area E, Prior Year Carry
<br />Forward revenue account, and appropriate the same amount to the New
<br />Transportation System Improvement Area E, Improvements Other Than Buildings
<br />expense account. (Requires five affirmative votes)
<br />3. Approve an appropriation adjustment recognizing $5,100,000 in prior year fund
<br />balance in the Transportation System Improvement Authorization Area B, Prior Year
<br />Carry Forward revenue account, and appropriate the same amount into the
<br />Transportation System Improvement Authorization Area B Tustin, Improvements Other
<br />Than Buildings expenditure account. (Requires five affirmative votes)
<br />4. Approve an amendment to the Fiscal Year 202425 Capital Improvement Program
<br />to include $200,000 of Special Gas Tax, HUTA 2103 Gas Tax funds for the 10th Street
<br />and Flower Street Project (Project No. 221342).
<br />5. Approve an amendment to the Fiscal Year 202425 Capital Improvement Program
<br />to include $434,400 of New Transportation System Improvement Area E funds for the
<br />Warner Widening Phase 1 Project (Project No. 146802).
<br />6. Approve an amendment to the Fiscal Year 202425 Capital Improvement Program
<br />to include $5,000,000 of Transportation System Improvement Authorization Area B
<br />funds for the Warner Phase 2 Widening Project (Project No. 186901).
<br />7. Approve an amendment to the Fiscal Year 202425 Capital Improvement Program
<br />to include $100,000 of Transportation System Improvement Authorization Area B
<br />funds for the Warner Phase 2 Bikeway Project (Project No. 206971).
<br />20.Purchase Order Contracts with Cali State Paving, Inc., Hardy & Harper, Inc., and
<br />Paveco Construction Inc. for OnCall Asphalt and Portland Cement Concrete Street
<br />Repairs (Specification No. 24110) (NonGeneral Fund)
<br />Department(s): Public Works Agency
<br />Recommended Action: Award aggregate purchase order contracts to the vendors
<br />listed below for oncall asphalt and portland cement concrete street repairs on an as
<br />needed basis, in an annual amount not to exceed $2,380,000, for an initial threeyear
<br />term expiring November 18, 2027, with provisions for two, oneyear renewal options.
<br />Vendor
<br />Cali State Paving, Inc.
<br />Location
<br />Riverside, CA
<br />Hardy & Harper, Inc.Lake Forest, CA
<br />Paveco Construction Inc.Riverside, CA
<br />21.Award a Construction Contract to Towo Enterprise Inc. for the Alley Improvements
<br />Program (No. 246910)(General Fund)
<br />Department(s): Public Works Agency
<br />Recommended Action: 1. Approve the Project Cost Analysis for a total estimated
<br />construction delivery cost of $1,970,000, which includes $1,576,000 for the
<br />construction contract, $236,400 for contract administration, inspection, and testing,
<br />and a $157,600 project contingency for unanticipated or unforeseen work due to the
<br />complexity and extensive scope of this project.
<br />2. Award a construction contract to Towo Enterprises Inc., the lowest responsible
<br />bidder, in accordance with the base bid and bid alternates in the amount of
<br />$1,576,000, subject to change orders, for construction of the Alley Improvements
<br />Program (No. 246910), for a term beginning November 19, 2024 and ending upon
<br />project completion, and authorize the City Manager to execute the contract.
<br />3. Determine that, pursuant to the California Environmental Quality Act, the
<br />recommended actions are exempt from further review. Categorical Exemption
<br />Environmental Review No. ER20249 was filed for Project No. 246910.
<br />22.Agreement with Sterling Health Services, Inc. for Affordable Care Act Compliance
<br />Services in an Amount Not to Exceed $50,000 (NonGeneral Fund)
<br />Department(s): Human Resources
<br />Recommended Action: Authorize the City Manager to execute an agreement with
<br />Sterling Health Services, Inc. to provide Affordable Care Act compliance services for
<br />three years, effective November 19, 2024 through October 31, 2027, with provisions
<br />for two optional oneyear extensions, not to exceed $10,000 per year (Agreement No.
<br />A2024XXX).
<br />23.Approve a Second Amendment to City Clerk Employment Agreement and Adopt a
<br />Resolution Approving the Council Appointee Salary Schedule
<br />Department(s): Human Resources
<br />Recommended Action: 1. Approve a second amendment to the City Clerk
<br />Employment Agreement reflecting the positive City Clerk performance evaluation
<br />conducted on October 15, 2024 and approving an adjusted annual salary for the City
<br />Clerk and an increase in the amount of deferred compensation provided by the City
<br />(Agreement No. A2024XXX).
<br />2. Adopt a resolution updating the City’s Classification and Compensation Plan with
<br />the amended annual salary for City Clerk, and approving the Council Appointee
<br />Salary Schedule in compliance with the California Public Employees' Retirement
<br />System (CalPERS) and Title 2 of the California Code of Regulations section 570.5.
<br />RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF
<br />THE CITY OF SANTA ANA TO EFFECT CERTAIN CHANGES TO THE CITY’S
<br />CLASSIFICATION AND COMPENSATION PLAN
<br />24.Adopt a Resolution to Effect Certain Changes to the City’s Basic Classification and
<br />Compensation Plan and Update the Salary Schedule for Santa Ana Management
<br />Association (SAMA)
<br />Department(s): Human Resources
<br />Recommended Action: Adopt a resolution to effect certain changes to the City’s
<br />basic classification and compensation plan and to update the salary schedule for
<br />SAMA as requested by CalPERS, and in compliance with CalPERS California Code
<br />of Regulations section 570.5.
<br />RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF
<br />THE CITY OF SANTA ANA TO EFFECT CERTAIN CHANGES TO THE CITY’S
<br />CLASSIFICATION AND COMPENSATION PLAN
<br />25.Conflict of Interest Code Amendments
<br />Department(s): City Clerk’s Office
<br />Recommended Action: Adopt a resolution approving an amended Conflict of
<br />Interest Code for the City and its agencies and departments.
<br />RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF
<br />THE CITY OF SANTA ANA AMENDING THE CONFLICT OF INTEREST CODE OF
<br />THE CITY AND VARIOUS AGENCIES AND DEPARTMENTS
<br />26.Resolution and Appropriation Adjustment Accepting The James Irvine Foundation –
<br />Better Career’s Public Sector Practice Change Grant
<br />Department(s): Community Development Agency
<br />Recommended Action: 1. Adopt a resolution to accept The James Irvine
<br />Foundation – Better Career’s Public Sector Practice Change grant for $300,000 for a
<br />twoyear term ending November 2026.
<br />RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF
<br />THE CITY OF SANTA ANA APPROVING THE ACCEPTANCE OF GRANT FUNDS
<br />FROM THE IRVINE FOUNDATION TO IMPROVE COORDINATION, SERVICE
<br />DELIVERY, AND SUPPORT TO LOWINCOME COMMUNITIES IN SANTA ANA
<br />2. Authorize the City Manager, or designee, to sign and submit all documents
<br />including the initial agreement, and amendments which may be necessary for the
<br />completion of the project.
<br />3. Approve an appropriation adjustment to recognize $300,000 in funds to James
<br />Irvine Foundation GrantOther account (no. 1311800252040) and appropriating the
<br />same amount into the James Irvine Foundation expenditure account (no. 13118700
<br />various) (Requires five affirmative votes).
<br />27.Resolution Authorizing a Reciprocal Agreement with the California Franchise Tax
<br />Board for the Exchange of Business License Tax Data
<br />Department(s): Finance and Management Services
<br />Recommended Action: 1. Adopt a resolution authorizing a reciprocal agreement
<br />with the California Franchise Tax Board for the exchange of business license tax data.
<br />RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY OF SANTA
<br />ANA AUTHORIZING A RECIPROCAL AGREEMENT WITH THE CALIFONIA
<br />FRANCHISE TAX BOARD FOR THE EXCHANGE OF BUSINESS LICENSE TAX
<br />DATA
<br />2. Approve a nonfinancial reciprocal agreement with the California Franchise Tax
<br />Board for the exchange of business license tax data (Agreement No. A2024XXX).
<br />28.Resolution Approving the Acceptance of Contract Funds from the California
<br />Department of Social Services (CDSS)
<br />Department(s): Parks, Recreation, and Community Services
<br />Recommended Action: 1. Adopt a resolution approving the acceptance of contract
<br />funds from CDSS for startup funding for after school care and full day camps for child
<br />care and development programming.
<br />RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF
<br />THE CITY OF SANTA ANA ACCEPTING CONTRACT FUNDS FROM THE
<br />CALIFORNIA DEPARTMENT OF SOCIAL SERVICES FOR PROVISION OF CHILD
<br />CARE AND DEVELOPMENT SERVICES AND AUTHORIZING THE CITY
<br />MANAGER OR DESIGNEE TO NEGOTIATE AND EXECUTE ANY AGREEMENTS
<br />OR AMENDMENTS THERETO THAT MAY BE NECESSARY
<br />2. Approve the agreement with CDSS for child care and development programming
<br />(Agreement No. A2024XXX).
<br />3. Approve an appropriation adjustment for program startup funding to recognize
<br />$915,583 from the CDSS in the PRCSA Revenue Account, Center Programs
<br />(1311300253301) and appropriate the same amount in the PRCSA, Child
<br />Development Services expenditure accounts (13113251various). (Requires five
<br />affirmative votes)
<br />4. Adopt a resolution amending the current fiscal year 20242025 annual budget to
<br />adjust fulltime positions in the Parks, Recreation, and Community Services Agency,
<br />including additions and a reallocation. (Requires five affirmative votes)
<br />RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF
<br />THE CITY OF SANTA ANA TO AMEND THE CURRENT FISCAL YEAR 20242025
<br />ANNUAL BUDGET TO ADD FULLTIME POSITIONS IN THE PARKS, RECREATION
<br />AND COMMUNITY SERVICES AGENCY
<br />29.Third OneYear Extension of Site Plan Review No. 201603 and Variance Nos. 2017
<br />05 and 201706 for The Madison MixedUse Development Project Located at 200
<br />North Cabrillo Park Drive
<br />Department(s): Planning and Building Agency
<br />Recommended Action:
<br />1. Adopt a resolution approving a third and final oneyear extension of Site Plan
<br />Review No. 201603, Variance No. 201705, and Variance No. 201706 to December
<br />31, 2025.
<br />RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF
<br />THE CITY OF SANTA ANA APPROVING A THIRD ONEYEAR EXTENSION OF SITE
<br />PLAN REVIEW NO. 201603, VARIANCE NO. 201705, AND VARIANCE NO. 2017
<br />06 FOR THE MADISON MIXEDUSE DEVELOPMENT LOCATED AT 200 NORTH
<br />CABRILLO PARK DRIVE
<br />2. Determine that, pursuant to the California Environmental Quality Act (CEQA) and
<br />the CEQA Guidelines, the extension for this project is exempt pursuant to Section
<br />15061(b)(3). This determination has been made as it has been determined that the
<br />proposed action to extend the existing, approved entitlement does not have the
<br />potential to cause a significant effect on the environment, as the existing, approved
<br />entitlement has already been evaluated pursuant to CEQA.
<br />30.Third OneYear Extension of Site Plan Review No. 202003 and Variance No. 2020
<br />06 for the 4th and Mortimer MixedUse Development Project Located at 409 and 509
<br />East Fourth Street
<br />Department(s): Planning and Building Agency
<br />Recommended Action: 1. Adopt a resolution approving a third and final oneyear
<br />extension of Site Plan Review No. 202003 and Variance No. 202006 to December
<br />15, 2025.
<br />RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF
<br />THE CITY OF SANTA ANA APPROVING A THIRD ONEYEAR EXTENSION OF SITE
<br />PLAN REVIEW 202003 AND VARIANCE NO. 202006 FOR THE 4TH AND
<br />MORTIMER MIXEDUSE DEVELOPMENT LOCATED AT 409 AND 509 EAST
<br />FOURTH STREET
<br />2. Determine that, pursuant to the California Environmental Quality Act (CEQA) and
<br />the CEQA Guidelines, the extension for this project is exempt pursuant to Section
<br />15061(b)(3). This determination has been made as it has been determined that the
<br />proposed action to extend the existing, approved entitlement does not have the
<br />potential to cause a significant effect on the environment, as the existing, approved
<br />entitlement has already been evaluated pursuant to CEQA.
<br />31.Resolutions Authorizing Grant Applications for the Fiscal Year 202526 Measure M2
<br />Comprehensive Transportation Funding Program (NonGeneral Fund)
<br />Department(s): Public Works Agency
<br />Recommended Action: 1. Adopt resolutions authorizing the City of Santa Ana to
<br />submit applications for funding consideration under the Measure M2 Comprehensive
<br />Transportation Funding Program 202526 Call for Projects.
<br />RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF
<br />THE CITY OF SANTA ANA APPROVING THE SUBMITTAL OF IMPROVEMENT
<br />PROJECTS TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR
<br />FUNDING UNDER THE COMPREHENSIVE TRANSPORTATION PROGRAM
<br />RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF
<br />THE CITY OF SANTA ANA APPROVING THE SUBMITTAL OF IMPROVEMENT
<br />PROJECTS TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR
<br />FUNDING UNDER THE REGIONAL TRAFFIC SIGNAL SYNCHRONIZATION
<br />PROGRAM
<br />2. Direct staff to incorporate approved Comprehensive Transportation Funding
<br />Program projects into the SevenYear Capital Improvement Program for Fiscal Year
<br />202526.
<br />**END OF CONSENT CALENDAR**
<br />BUSINESS CALENDAR
<br />32.Ordinance Adding Article XIV to Chapter 10 (Crimes and Miscellaneous Law
<br />Enforcement Provision) and Amending Related Sections in Chapter 31, Chapter 33,
<br />and Chapter 36 of the Santa Ana Municipal Code
<br />Department(s): Police Department
<br />Recommended Action: Conduct a first reading and adopt an ordinance adding and
<br />amending various articles and sections of the Santa Ana Municipal Code to prohibit
<br />conduct that interferes with public rights of access to public property to address
<br />changes in the law brought by the City of Grants Pass, Oregon v. Johnson, et. al., 144
<br />S. Ct. 2202 (2024):
<br />ORDINANCE NO. NSXXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF
<br />THE CITY OF SANTA ANA ADDING ARTICLE XIV (PROHIBITING INTERFERENCE
<br />WITH AND ACCESS TO PUBLIC PROPERTY) TO CHAPTER 10 (CRIMES AND
<br />MISCELLANEOUS LAW ENFORCEMENT PROVISIONS) OF THE SANTA ANA
<br />MUNICIPAL CODE AND AMENDING RELATED SECTIONS IN CHAPTER 10,
<br />CHAPTER 31 (RECREATION, PARKS AND PLAYGROUNDS), CHAPTER 33
<br />(STREETS, SIDEWALKS AND PUBLIC WORKS, AND CHAPTER 36 (TRAFFIC)
<br />TO PROHIBIT CONDUCT THAT INTERFERES WITH PUBLIC RIGHTS OF ACCESS
<br />TO PUBLIC PROPERTY TO ADDRESS CHANGES IN LAW BROUGHT ABOUT BY
<br />CITY OF GRANTS PASS, OREGON V. JOHNSON, ET. AL., 144 S. Ct. 2202 (2024)
<br />33.Investigation Regarding Councilmember Johnathan Ryan Hernandez (Continued from
<br />the Special Meeting of October 28, 2024; Item No. 1)
<br />Department(s): City Manager’s Office
<br />Recommended Action: Discuss and Address Potential Remedies Regarding the
<br />Investigator’s Sustained Findings Regarding Councilmember Johnathan Ryan
<br />Hernandez and Take Potential Action or Direct Staff Accordingly.
<br />**END OF BUSINESS 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 />34.Public Hearing Appeal Application No. 202401, Appealing the Decision of the
<br />Planning Commission to Approve Conditional Use Permit (CUP) No. 202206
<br />Allowing the Construction of an Accessory Structure within the Rear Yard of an
<br />Existing SingleFamily Residence Located at 2221 North Heliotrope Drive (APNs:
<br />00208145 And 00208146)
<br />Legal notice published in the OC Reporter on November 6, 2024 and mailed on
<br />November 7, 2024.
<br />Department(s): Planning and Building Agency
<br />Recommended Action: 1. Adopt a resolution denying Appeal Application No. 2024
<br />01, upholding the Planning Commission’s approval of a resolution to approve
<br />Conditional Use Permit (CUP) No. 202206 to allow the construction of an accessory
<br />structure within the rear yard of an existing singlefamily residence located at 2221
<br />North Heliotrope Drive (APNs: 00208145 and 00208146).
<br />RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF
<br />THE CITY OF SANTA ANA DENYING APPEAL APPLICATION NO. 202401 AND
<br />UPHOLDING THE DETERMINATION OF THE PLANNING COMMISSION TO
<br />APPROVE CONDITIONAL USE PERMIT NO. 202206 AS CONDITIONED TO
<br />ALLOW THE CONSTRUCTION OF AN ACCESSORY STRUCTURE EXCEEDING
<br />FIFTEEN 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 2 11/19/2024
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