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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) 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 5 11/19/2024
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