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Home My WebLink AboutItem 05 - Minutes from the Regular Meeting of 10/01/24, the Regular Meeting of 10/15/24 and Special Meeting of 10/28/24CITY COUNCIL 1 OCTOBER 1, 2024 DRAFT Minutes of the Regular Meeting of the City Council City of Santa Ana, California October 1, 2024 CLOSED SESSION MEETING – 4 :30 P.M. REGULAR OPEN MEETING – 5:30 P.M. (Immediately following the Closed Session Meeting) CITY COUNCIL CHAMBER 22 Civic Center Plaza Santa Ana, CA 92701 CLOSED SESSION CALL TO ORDER MINUTES: Mayor Amezcua called the Closed Session meeting to order at 4:41 P.M. ATTENDANCE Council Members Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez David Penaloza Benjamin Vazquez Mayor Pro Tem Thai Viet Phan Mayor Valerie Amezcua City Manager Alvaro Nuñez City Attorney Sonia R. Carvalho City Clerk Jennifer L. Hall ROLL CALL MINUTES: City Clerk Jennifer L. Hall conducted roll call. Councilmembers Bacerra, Penaloza, and Vazquez, Mayor Pro Tem Phan, and Mayor Amezcua were present. Councilmembers Hernandez and Lopez arrived during Closed Session. CITY COUNCIL 2 OCTOBER 1, 2024 ADDITIONS\DELETIONS TO CLOSED SESSION MINUTES: None. PUBLIC COMMENTS – Members of the public may address the City Council on Closed Session items. MINUTES: None. RECESS – City Council will recess to Closed Session for the purpose of conducting regular City business. MINUTES: Mayor Amezcua recessed to consider the Closed Session items at 4:42 P.M. CLOSED SESSION ITEMS – The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation: 1. CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code: A. Delfina Flores Robles v. City of Santa Ana, et al, Orange County Superior Court, Case No.: 30-2023-01352256-CU-PA-CJC 2. CONFERENCE WITH LEGAL COUNSEL – INITIATION OF LITIGATION pursuant to Paragraph (4) of subdivision (d) of Government Code Section 54956.9: • One (1) case – Union Pacific 3. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a): Agency Negotiator: Lori Schnaider, Executive Director of Human Resources Employee Organization: Service Employee International Union Local 721, Part-Time Non-Civil Service Employees CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed Session. RECONVENE – City Council will reconvene to continue regular City business. CITY COUNCIL 3 OCTOBER 1, 2024 CITY COUNCIL REGULAR OPEN SESSION CALL TO ORDER MINUTES: Mayor Amezcua reconvened the City Council Meeting to order at 6:10 P.M. ATTENDANCE Councilmembers Mayor Pro Tem Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez David Penaloza Benjamin Vazquez Thai Viet Phan Mayor Valerie Amezcua City Manager City Attorney City Clerk Alvaro Nuñez Sonia R. Carvalho Jennifer L. Hall ROLL CALL MINUTES: City Clerk Jennifer L. Hall conducted roll call. Councilmembers Bacerra, Hernandez, Lopez, Penaloza, and Vazquez, Mayor Pro Tem Phan, and Mayor Amezcua were present. PLEDGE OF ALLEGIANCE Police Commander Andrade WORDS OF INSPIRATION Qing Wei Lion and Dragon Dance Cultural Troupe CEREMONIAL PRESENTATIONS 2. Proclamation presented by Mayor Pro Tem Phan to the Qing Wei Lion and Dragon Dance Cultural Troupe declaring September 17, 2024 as Mid-Autumn Festival Day/Tet Trung Thu MINUTES: Mayor Pro Tem Phan presented a proclamation to the Qing Wei Lion and Dragon Dance Cultural Troupe declaring September 17, 2024 as Mid-Autumn Festival/Tet Trung Thu. 1. Proclamation presented by Mayor Amezcua to the Asian American Senior Citizens Service Center declaring October 1, 2024 as International Day of Older People MINUTES: Mayor Amezcua presented a proclamation to the Asian American Senior Citizens Service Center declaring October 1, 2024 as International Day of Older CITY COUNCIL 4 OCTOBER 1, 2024 People. 3. Proclamation presented by Councilmember Bacerra to the Planning and Building Agency declaring October 2024 as National Community Planning Month MINUTES: Councilmember Bacerra presented a proclamation to the Planning and Building Agency declaring October 2024 as National Community Planning Month. 4. Certificate of Recognition presented by Councilmember Lopez to CRECE Urban Farms for Outstanding Contributions to the Community MINUTES: Councilmember Lopez presented a certificate of recognition to CRECE Urban Farms for Outstanding Contributions to the Community. ADDITIONS\DELETIONS TO THE AGENDA MINUTES: City Clerk Jennifer L. Hall announced a revised staff report for Agenda Item No. 13 and stated staff’s request to remove Agenda Item No. 21. CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed Session. MINUTES: City Attorney Sonia Carvalho stated there was no reportable action. PUBLIC COMMENTS – Public comments will be held during the beginning of the meeting for ALL comments on agenda and non-agenda items. MINUTES: City Clerk Jennifer L. Hall reported out the summary of email comments received: one (1) Agenda Item No. 19, ten (10) Agenda Item No. 22, 76 Agenda Item No. 26, and 17 non-agenda comments. The following speakers addressed City Council in-person: 1. Paul Guzman spoke regarding the Cultura magazine and Fiestas Patrias. 2. Sylvia Pizarroso spoke in support of the Related Bristol Project. MOTION: Councilmember Bacerra moved to consider the continued Public Hearing Agenda Item No. 26 prior to the remainder of the agenda, seconded by Councilmember Hernandez. The motion carried, 7-0, by the following roll call vote: AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER LOPEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM PHAN, MAYOR AMEZCUA CITY COUNCIL 5 OCTOBER 1, 2024 NOES: ABSTAIN: ABSENT: NONE NONE NONE Status: 7-0 – Pass MINUTES: At 7:05 P.M., the Public Hearing was considered. Mayor Pro Tem Phan recused herself from Agenda Item No. 26 as the listed entity, Callen’s Trust, is a client of her employer, Rutan and Tucker, and left the dais at 7:05 P.M. 26. Continued Public Hearing: Amendment Application (Zone Change) No. 2023- 03, Development Agreement No. 2023-02, Vesting Tentative Tract Map No. 2023-01, and Overrule of the Orange County Airport Land Use Commission’s Determination of Inconsistency for the Related Bristol Specific Plan Entitlements and Development Agreement (3600 S. Bristol Street) and Resolution Modifying Parking Districts in the Surrounding Area Legal notice published in the OC Register and OC Reporter on September 6, 2024 and notices mailed on same date. Notice of Continuance posted on September 18, 2024. Department(s): Planning and Building Agency Recommended Action: 1. Adopt a resolution to (1) certify the Final Supplemental Environmental Impact Report (SEIR) No. 2022-01 (SCH No. 2020029087), including adoption of environmental findings of fact pursuant to the California Environmental Quality Act, (2) adopt a Statement of Overriding Considerations, and (3) adopt the Mitigation Monitoring and Reporting Program; RESOLUTION NO. 2024-053 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA (1) CERTIFYING THE FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT FOR THE RELATED BRISTOL SPECIFIC PLAN PROJECT (SCH NO. 2020029087), (2) ADOPTING ENVIRONMENTAL FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATION CONSIDERATIONS FOR THE PROJECT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND (3) ADOPTING THE MITIGATION MONITORING AND REPORTING PROGRAM 2. Adopt a resolution overruling the Orange County Airport Land Use Commission’s determination that the Related Bristol Specific Plan is inconsistent with the Airport Environs Land Use Plan, including supportive findings; PUBLIC HEARING CITY COUNCIL 6 OCTOBER 1, 2024 RESOLUTION NO. 2024-054 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, OVERRULING THE ORANGE COUNTY AIRPORT LAND USE COMMISSION’S DETERMINATION THAT THE PROPOSED RELATED BRISTOL SPECIFIC PLAN IS INCONSISTENT WITH THE AIRPORT ENVIRONS LAND USE PLAN FOR JOHN WAYNE AIRPORT, INCLUDING SUPPORTIVE FINDINGS 3. Conduct a first reading and adopt an ordinance approving Amendment Application No. 2023-03 to establish the Related Bristol Specific Plan No. 5 and to approve a zone change for the Property located at 3600 Bristol Street from General Commercial (C2) and Commercial Residential (CR) to Related Bristol Specific Plan (SP No. 5); ORDINANCE NO. NS-3070 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 2023-03 TO ESTABLISH THE RELATED BRISTOL SPECIFIC PLAN (SP NO. 5) AND TO APPROVE A ZONE CHANGE FOR THE 41-ACRE SITE GENERALLY LOCATED AT 3600 BRISTOL STREET FROM GENERAL COMMERCIAL (C2) AND COMMERCIAL RESIDENTIAL (CR) TO RELATED BRISTOL SPECIFIC PLAN (SP NO. 5) 4. Conduct a first reading and adopt an ordinance approving Development Agreement No. 2023-02; ORDINANCE NO. NS-3071 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING DEVELOPMENT AGREEMENT NO. 2023-02 FOR A MIXED-USE DEVELOPMENT, KNOWN AS THE RELATED BRISTOL SPECIFIC PLAN PROJECT, AT 3600 BRISTOL STREET BETWEEN THE CITY OF SANTA ANA AND GREENVILLE RANCH LLC, BSG WEST BRISTOL LLC, AND MCG BRISTOL WEST LLC 5. Adopt a resolution approving Vesting Tentative Tract Map No. 2023-01 (County Map No. 19272), as conditioned; and RESOLUTION NO. 2024-055 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING VESTING TENTATIVE TRACT MAP NO. 2023-01 (COUNTY MAP NO. 19272), AS CONDITIONED, FOR A MIXED-USE DEVELOPMENT, KNOWN AS THE RELATED BRISTOL SPECIFIC PLAN PROJECT, AT THE 41-ACRE SITE GENERALLY LOCATED AT 3600 BRISTOL STREET Concurrently and as a separate implementation action of the General Plan Update (2022), it is recommended that the City Council take the following action: 6. Adopt a Resolution Amending Resolution No. 91-088, Resolution No. 93-076, and Resolution No. 2000-062 modifying procedures for participating in the South Coast, the Sandpointe, and the South Metro Permit Parking Districts. CITY COUNCIL 7 OCTOBER 1, 2024 RESOLUTION NO. 2024-056 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING RESOLUTION NO. 91- 088, RESOLUTION NO. 93-076 AND RESOLUTION NO. 2000-062 REGARDING PERMIT PARKING DISTRICT PETITIONS [includes determination that the action is not a “project” subject to the California Environmental Quality Act and no environmental review is required] MINUTES: Planning and Building Director Minh Thai gave a presentation regarding the Related Bristol Project. Councilmember Bacerra sought clarification on the potential grocery store and proposed revisions to the Specific Plan. He recommended any references to the bike trail as a Class 2 in the Specific Plan be revised to Class 4. Furthermore, in section 4.1.6.A on pages 4-3 and 4-4, the second paragraph should be revised to state that private security will be present 24 hours a day and will routinely patrol the specific plan area. On page 4-18, section 4.J he requested that the section should state bicycle parking shall be provided based on use type and shall be located on primary frontage of each building or in common open spaces and increase from four bicycle spaces to ten. On page 4-6, table 4-1 he stated he would like to continue to require a CUP for alcohol sales and requested wording revision on page 5-19 section 5.7.2.A to read “shall be used” rather than “encouraged,” and page 5-12, section 5.6.2 to read “As the cultural heart of the Related Bristol, the architecture of commercial space in the district should be iconic and reflect the wide variety of activities which it hosts.” He requested the language used on page 6-16, section 6.2.10 should be used on other projects moving forward as well as the trucking and haul route language. Lastly, he suggested that the expected $22 million in revenue be designated for a community center on the South Side, with oversight from an ad-hoc committee comprised of members from the neighborhoods in Ward 4. Bill Witte, Applicant, confirmed that they will be collaborating with a community grocery store. Councilmember Lopez requested clarification on whether the recommendation for the ad- hoc committee was in line with the staff report or the suggestions from the Planning Commission. Director Thai confirmed and stated the Planning Commission recommended for City Council to consider the creation of an oversight committee. Brief discussion ensued regarding the creation of an oversight committee that would include Ward 4 residents and how funds will be allocated for the location and construction of the community center near the project site. Councilmember Lopez expressed her support for all the recommendations, except for the funding recommendation, and advocated the importance of gathering input from everyone during the general budget process. CITY COUNCIL 8 OCTOBER 1, 2024 Councilmember Vazquez echoed Councilmember Lopez comments and advocated that the funds be set aside for neighborhood improvements. Councilmember Hernandez thanked his colleagues and Bristol Related, and spoke in support of the item and recommendations with the exception of the fund allocation. Councilmember Penaloza sought clarification from the City Attorney whether the Measure X Committee bylaws permitted them to add residents of Ward 4, rather than forming a new committee. City Attorney Sonia Carvalho turned to Planning and Building Director Thai for clarification, specifically regarding the Planning Commission's recommendation for the oversight committee composition. Director Thai clarified that the Planning Commission’s recommendation was to consider the formation of an oversight committee consisting of members to be appointed by each council member. Councilmember Bacerra requested an amendment that the $22 million be allocated primarily for the development of a community center for the residents of Ward 4. Brief discussion ensued regarding the prioritization of the $22 million funds. Councilmember Penaloza disclosed communications with various labor organizations and the applicant and spoke regarding the beneficial aspects of the project to the community. Mayor Amezcua spoke in support of the project. Director Thai asked whether the applicant had any comments or feedback to the proposed amendments. Bill Witte, Applicant, had no comments to the proposed amendments. Councilmember Lopez spoke in support of the project. MOTION: Councilmember Bacerra moved to approve the recommended action for Item No. 26, as amended including bike trail class, security presence, bicycle parking, CUP for alcohol sales, “shall be” language related to trellis and green space, iconic architectural style language, a revision to section six page 6.16, the trucking and hauling language as presented by staff, and showing the $22 million community benefit fund as a separate budgetary line item for consideration by the Council, seconded by Mayor Amezcua. CITY COUNCIL 9 OCTOBER 1, 2024 The motion carried, 6-0-1, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER LOPEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER VAZQUEZ, MAYOR AMEZCUA NONE MAYOR PRO TEM PHAN (recusal) NONE Status: 6-0-1 – Pass **END OF PUBLIC HEARING** MINUTES: Mayor Pro Tem Phan returned to the dais at 7:39 P.M. Mayor Amezcua recessed the City Council meeting at 7:40 P.M. Mayor Amezcua reconvened the City Council meeting at 7:55 P.M. PUBLIC COMMENTS – Public comments will be held during the beginning of the meeting for ALL comments on agenda and non-agenda items. MINUTES: The following speakers addressed City Council in-person: 3. Jackie Cordova spoke regarding the Route 91 Harvest Festival and the County of Orange. 4. Dale Helvig spoke regarding Agenda Item Nos. 11 and 21. 5. Francisco Alex Ramirez expressed concern regarding a parking ticket he received, requested assistance regarding the issue, and submitted documents. 6. Doug Mangione spoke in opposition to Agenda Item No. 26. 7. Richard Garcia stated Mayor Amezcua and Councilmembers Hernandez and Lopez should have recused themselves from Agenda Item No. 26 as they received contributions. 8. Victor Mendez spoke regarding issues at 2111 E. First St., and Agenda Item No. 8. Mayor Amezcua asked for clarification regarding the Levine Act. City Attorney Sonia Carvalho addressed the Levine Act and clarified the Unions would need to be a participant and in order to be a participant the impact would need to be $1 million. CITY COUNCIL 10 OCTOBER 1, 2024 RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 5 through 25 and waive reading of all resolutions and ordinances. MINUTES: At 8:09 P.M., the Consent Calendar was considered. MOTION: Mayor Amezcua moved to approve the recommended action for Item No. 6, seconded by Councilmember Hernandez. The motion carried, 7-0, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER LOPEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM PHAN, MAYOR AMEZCUA NONE NONE NONE Status: 7 – 0 – Pass MOVED OUT OF ORDER AND PRIOR TO THE BALANCE OF THE CONSENT CALENDAR 6. Appoint Adrian Ramirez Nominated by Councilmember Hernandez as the Ward 5 Representative to the Youth Commission for a Partial Term Expiring December 10, 2024 Department(s): City Clerk’s Office Recommended Action: Appoint Adrian Ramirez to the Youth Commission as the Ward 5 representative and administer the Oath of Office. MINUTES: City Clerk Jennifer L. Hall administered the Oath of Office to Adrian Ramirez. MINUTES: Mayor Amezcua stated that Agenda Item No. 21 was pulled by the City Manager. Councilmember Vazquez requested to comment on Agenda Item No. 13. Councilmember Hernandez requested to comment on Agenda Item Nos. 10 and 14. Councilmember Bacerra pulled Agenda Item Nos. 9 and 13 for separate discussion and consideration. CONSENT CALENDAR CITY COUNCIL 11 OCTOBER 1, 2024 Mayor Amezcua pulled Agenda Item No. 11 for separate discussion and consideration. MOTION: Councilmember Hernandez moved to approve Consent Calendar Item Nos. 5 through 25 with the exception of Agenda Item No. 6 already approved, Agenda Item Nos. 9, 11, and 13 pulled for separate discussion and consideration, and Agenda Item No. 21 withdrawn by staff, seconded by Councilmember Bacerra. The motion carried, 7-0, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER LOPEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM PHAN, MAYOR AMEZCUA NONE NONE NONE Status: 7 – 0 – Pass 5. Excused Absences Department(s): City Clerk’s Office Recommended Action: Excuse the absent members. 6. AGENDA ITEM NO. 6 WAS PULLED FOR SEPARATE DISCUSSION AND CONSIDERATION; MOVED PRIOR TO THE CONSENT CALENDAR 7. Receive and File Quarterly Report of Investments as of June 30, 2024 Department(s): Finance and Management Services Recommended Action: Receive and file. 8. Appropriation Adjustment to Carryover Unspent Amounts From Fiscal Year 2023-24 to Fiscal Year 2024-25 Department(s): Finance and Management Services Recommended Action: 1. Approve an Appropriation Adjustment to reduce the FY 2023-24 budget for unspent amounts to be carried over to FY 2024-25. (Requires five affirmative votes) 2. Approve an Appropriation Adjustment to increase the FY 2024-25 budget for amounts carried forward from FY 2023-24. (Requires five affirmative votes) CITY COUNCIL 12 OCTOBER 1, 2024 AGENDA ITEM NO. 9 WAS PULLED FOR SEPARATE DISCUSSION AND CONSIDERATION 9. Citywide Purchase Order with DS Services of America, Inc. dba Primo Water North America for Bottle Water and Related Products (Specification No. 24- 093) (General Fund and Non-General Fund) Department(s): Finance and Management Services Recommended Action: Award citywide purchase order to DS Services of America, Inc. dba Primo Water North America for bottled water and related products for a term beginning on October 2, 2024 and expiring February 29, 2028, in an annual amount not to exceed $50,000. MINUTES: Councilmember Bacerra spoke in opposition to the item and asked why bottling water is not an in-house service. City Manager Alvaro Nuñez addressed the necessity of the contract and confirmed he would bring back a report that assessed the process and costs of bottling water in-house. Mayor Pro Tem Phan spoke in support of the item and promoted the continued use of individual water bottles/flasks. Mayor Amezcua echoed Mayor Pro Tem Phan’s comments. MOTION: Councilmember Penaloza moved to approve the recommended action for Item No. 9, as amended to have staff prepare a feasibility of bottling the City’s own water, seconded by Councilmember Hernandez. The motion carried, 6-1, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER HERNANDEZ, COUNCILMEMBER LOPEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM PHAN, MAYOR AMEZCUA COUNCILMEMBER BACERRA NONE NONE Status: 6 – 1 – Pass 10. Agreements with Accent on Languages, Inc., Mente, Inc. dba Cesar Vargas and Associates, Continental Interpreting Services, Inc., and Interpreters Unlimited, Inc. for Citywide Translation and Interpretation Services (Specification No. 24-022A) (General Fund and Non-General Fund) CITY COUNCIL 13 OCTOBER 1, 2024 Department(s): Finance and Management Services Recommended Action: Authorize the City Manager to execute aggregate agreements with Accent on Languages, Inc., Mente, Inc. dba Cesar Vargas and Associates, Continental Interpreting Services, Inc., and Interpreters Unlimited, Inc. to provide citywide translation and interpretation services for a term beginning October 01, 2024 and expiring September 30, 2027, with provisions for two, one- year extensions, in an aggregate amount not to exceed $1,290,000 (Core Agreement No. A-2024-148). Vendor Location Accent on Languages, Inc. Berkeley, CA Cesar Vargas and Associates Orange, CA Continental Interpreting Services, Inc. Brea, CA Interpreters Unlimited, Inc. San Diego, CA MINUTES: Councilmember Hernandez spoke in support of the item. AGENDA ITEM NO. 11 WAS PULLED FOR SEPARATE DISCUSSION AND CONSIDERATION 11. Agreement with RSG, Inc. for Contract Staffing to Support the Rent Stabilization and Just Cause Eviction Program (Non-General Fund) Department(s): Community Development Agency Recommended Action: Authorize the City Manager to execute Agreement with RSG, Inc. to provide contract staffing for the Rent Stabilization and Just Cause Eviction Program for a two-year term, with provisions for up to two, one-year extensions, in a total amount not to exceed $800,000 (Agreement No. A-2024- 149). MINUTES: Mayor Amezcua asked for clarification regarding staffing and the use of inclusionary funds. Community Development Executive Director Mike Garcia spoke regarding staffing and personnel, and use of the inclusionary funds. Councilmember Bacerra expressed concern regarding targeting property owners and the lack of funds and spoke in opposition to the item. Mayor Pro Tem Phan spoke in support of the item. Discussion ensued regarding staffing and personal, costs of consultants, and the rent stabilization program. CITY COUNCIL 14 OCTOBER 1, 2024 Director Garcia answered the Council Members’ questions and provided clarification. Mayor Amezcua expressed concern regarding the amount being paid to consultants. Councilmember Hernandez spoke regarding consulting services provided and in support of the item. MOTION: Councilmember Hernandez moved to approve the recommended action for Item No. 11, seconded by Mayor Pro Tem Phan. The motion carried, 4-3, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER HERNANDEZ, COUNCILMEMBER LOPEZ, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM PHAN COUNCILMEMBER BACERRA, COUNCILMEMBER PENALOZA, MAYOR AMEZCUA NONE NONE Status: 4– 3 – Pass 12. Agreement with Evergreen Solutions, LLC for Classification and Compensation Study Services (Specification No. 24-081) (General Fund and Non-General Fund) Department(s): Human Resources Recommended Action: Authorize the City Manager to execute an agreement with Evergreen Solutions, LLC to provide classification and compensation study services for a term of one year, which will expire September 30, 2025, in an amount not to exceed $128,500 (Agreement A-2024-150). AGENDA ITEM NO. 13 WAS PULLED FOR SEPARATE DISCUSSION AND CONSIDERATION 13. Approve Agreements with Carahsoft Technology Corp. and IK Consulting, LLC for Enterprise Land Management System Software and Implementation Services (Specification No. 24-087A) (General Fund and Non-General Fund) (Revive Santa Ana) Department(s): Information Technology Recommended Action: 1. Authorize the City Manager to execute an agreement with Carahsoft Technology Corp. for software subscription licensing, support, and training of Accela Civic CITY COUNCIL 15 OCTOBER 1, 2024 Platform planning, permitting, and licensing system, in an aggregate amount not to exceed $1,800,000, for an initial one-year term beginning October 1, 2024, with provisions for four optional one-year renewals. (Agreement No. A-2024- 151). 2. Authorize the City Manager to execute an agreement with IK Consulting, LLC for Accela Civic Applications implementation services, in an amount not to exceed $1,107,445, for a 27-month term beginning October 1, 2024 and expiring December 31, 2026. (Agreement No. A-2024-152). MINUTES: Councilmember Bacerra spoke regarding land management systems throughout cities and asked why the City is not going after a system like the City of Sacramento. Chief Technology Innovations Officer Jack Ciulla spoke regarding the RFP process and stated he is not aware of the system that City of Los Angeles utilizes. Planning and Building Director Minh Thai stated the goal for code enforcement, building, planning, and land use information is to be more accessible and spoke regarding Accela. Councilmember Bacerra spoke in support of the item and requested staff look at City of Los Angeles system. MOTION: Councilmember Bacerra moved to approve the recommended action for Item No. 13, seconded by Councilmember Vazquez. The motion carried, 7-0, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER LOPEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM PHAN, MAYOR AMEZCUA NONE NONE NONE Status: 7 – 0 – Pass 14. Agreements with New Tangram, LLC dba Tangram Interiors, Goforth & Marti dba G/M Business Interiors, and J.K. Miklin, Inc. dba Yamada Enterprises for Public and Office Furniture and Installation Services for the Main Library Renovation Project (No. 24-080A) (General Fund) (Revive Santa Ana) Department(s): Library CITY COUNCIL 16 OCTOBER 1, 2024 Recommended Action: 1. Authorize the City Manager to execute an agreement with New Tangram, LLC dba Tangram Interiors to provide and install public-facing and office furniture at the Main Library, in an amount of $674,658 plus a 15% contingency amount of $101,198, for a total amount not to exceed $775,856, for a term expiring December 31, 2026, with provision for one, one-year renewal option (Agreement No. A-2024-153). 2. Authorize the City Manager to execute an agreement with Goforth & Marti dba G/M Business Interiors to provide and install public-facing furniture at the Main Library, in an amount of $307,999 plus a 15% contingency amount of $46,200, for a total not-to-exceed amount of $354,199, for a term expiring December 31, 2026, with provision for one, one-year renewal option (Agreement No. A-2024-154). 3. Authorize the City Manager to execute an agreement with J.K. Miklin, Inc. dba Yamada Enterprises to provide and install library-specific furniture at the Main Library, in an amount of $411,964 plus a 15% contingency amount of $61,795 for a total not-to-exceed amount of $473,759, for a term expiring December 31, 2026, with provision for one, one-year renewal option (Agreement No. A-2024-155). MINUTES: Councilmember Hernandez spoke in support of investing in the future and modernizing libraries. 15. Appropriation Adjustment for FY 2023 Homeland Security Grant Program Funding (Non-General Fund) Department(s): Police Department Recommended Action: Approve an appropriation adjustment recognizing $5,113,750 in the FY 2023 Urban Area Security Initiative, Federal Grant-Indirect revenue account and appropriate same to the UASI CalOES Santa Ana expenditures accounts. (Requires five affirmative votes) 16. Appropriation Adjustment and Agreement Accepting $755,000 from the State Office of Traffic Safety for Selective Traffic Enforcement Program (Non- General Fund) Department(s): Police Department Recommended Action: 1. Authorize the City Manager to execute an agreement with the State of California Office of Traffic Safety for the Selective Traffic Enforcement Program for a one- year period beginning October 1, 2024 through September 30, 2025, in an amount not to exceed $755,000 (Agreement No. A-2024-156). CITY COUNCIL 17 OCTOBER 1, 2024 2. Approve an appropriation adjustment accepting $755,000 in the Office of Traffic Safety, Federal Grant-Indirect revenue account and appropriate same to the Selective Traffic Enforcement Program expenditure accounts. (Requires five affirmative votes) 17. Approve Agreement with Axon Enterprise, Inc. for Taser Equipment (General Fund and Non-General Fund) Department(s): Police Department Recommended Action: Authorize the City Manager to execute an agreement with Axon Enterprise, Inc. for the provision of Taser 10 equipment to the Santa Ana Police Department for a five year period beginning December 15, 2024 to December 14, 2029, in an amount not to exceed $1,963,569 (Agreement No. A- 2024-157). 18. Agreement with Stommel Inc. dba LEHR Auto Electric for Police Vehicle Conversion Equipment and Installation Services (Specification No. 24-105) (Non-General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with Stommel, Inc. dba LEHR Auto Electric for police vehicle conversion equipment and installation services, for a three-year period commencing October 1, 2024 and expiring September 30, 2027, with a provision for one, two-year renewal option, for a total amount, including extension, not to exceed $2,000,000 (Agreement No. A- 2024-158). 19. Agreement with Cumming Management Group, Inc. for Climate Action Plan Update Services (General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with Cumming Management Group, Inc. to prepare a new Climate Action Plan in the base amount of $450,060, with a contingency of $45,006 for a total amount of $495,066, for a three-year term beginning October 1, 2024 and expiring September 30, 2027, with an option for two, one-year extensions (Agreement No. A-2024- 159). 20. Agreement with BlueViolet for Security, Access Control, and Intercom Maintenance (Non-General and General Fund) Department(s): Public Works Agency CITY COUNCIL 18 OCTOBER 1, 2024 Recommended Action: Authorize the City Manager to execute an agreement with BlueViolet to maintain existing security, access control, and intercom systems for a three-year period beginning October 1, 2024 through September 30, 2027, with one, two-year renewal option, in an amount to exceed $208,195 (Agreement No. A-2024-160). 21. Construction Contract with Diamond Construction & Design for the Santa Ana Wellness Plaza Project (Project No. 22-1358) (Non-General Fund) (Revive Santa Ana) Department(s): Public Works Agency Recommended Action: 1. Approve the Project Cost Analysis for a total estimated construction delivery cost of $883,660, which includes $746,929 for the construction contract; $69,039 for contract administration, inspection, and testing; and a $74,693 project contingency for unanticipated or unforeseen work. 2. Approve an amendment to the Fiscal Year 2024-25 Capital Improvement Program to include $883,660 of funding in the American Rescue Plan Act funds for the Santa Ana Wellness Plaza. 3. Award a construction contract to Diamond Construction & Design, the lowest responsible bidder, in accordance with the base bid in the amount of $746,929, for the construction of the Santa Ana Wellness Plaza Project, for the term beginning October 1, 2024 and ending upon project completion, and authorize the City Manager to execute the contract. 4. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER-2024-66 was filed for Project 22-1358. MINUTES: Withdrawn by staff; no action taken. 22. Construction Contract with Elecnor Belco Electric, Inc. for the Traffic Signal Installation at Segerstrom Avenue and Spruce Street Project (Project No. 24- 6045) (General and Non-General Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an appropriation adjustment recognizing $132,134 in the New Transportation System Improvements Area E, Prior Year Carry Forward revenue account (No. 03417002-50001) and appropriate the same amount into the New Transportation System Improvements Area E, Improvements Other Than Buildings expenditure account (No. 03417660- 66220). (Requires five affirmative votes) CITY COUNCIL 19 OCTOBER 1, 2024 2. Approve an amendment to the FY 2024-25 Capital Improvement Program to include $132,134 in construction funding from the Transportation System Improvement Area E account for the Traffic Signal Installation at Segerstrom Avenue and Spruce Street Project (No. 24-6045). 3. Approve the Project Cost Analysis for a total estimated construction delivery cost of $803,348, which includes $642,628 for the construction contract; $96,395 for contract administration, inspection, and testing; and a $64,325 project contingency for unanticipated or unforeseen work. 4. Award a construction contract to Elecnor Belco Electric, Inc., the lowest responsible bidder, in accordance with the base bid and bid alternates in the amount of $642,628, subject to change orders, for construction of the Traffic Signal Installation at Segerstrom Avenue and Spruce Street Project (No. 24- 6045), for a term beginning October 1, 2024 and ending upon project completion, and authorize the City Manager to execute the contract. 5. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER-2024-64 was filled for Project No. 24-6045. 23. Property Preservation Agreements for the Properties Located at 2620 N Flower Street, 2369 N Flower Street, 424 S Broadway, and 825 N Lacy Street Department(s): Planning and Building Agency Recommended Action: Authorize the City Manager to execute the attached Mills Act agreements with the below-referenced property owners for the identified structure(s) (Agreement Nos. A-2024-161, A-2024-162, A-2024-163, and A-2024- 164). [Includes determination that the proposed projects are exempt from further review in accordance with the California Environmental Quality Act as the following Categorical Exemptions will be filed: ER No. 2024-16, ER No. 2024-18, ER No. 2024-39, and ER No. 2024-40] Table 1: Mills Act Agreements Approved by the Historic Resources Commission (HRC) Property Owners Historic Property Preservation Agreement No. Address/House Vote by HRC Thomas M. Harris 2024-02 2620 N Flower Street 8:0:0:1 (Commissioner Escamilla absent) Paul Gulino and Julie Bidmead 2024-05 2369 N Flower Street 9:0:0:0 CITY COUNCIL 20 OCTOBER 1, 2024 Kevin Kajikawa and Jonathan Melendez 2024-06 424 S Broadway 8:0:0:1 (Commissioner Escamilla absent) David Bush Smith 2024-08 825 N Lacy Street 9:0:0:0 24. Third Extension of Site Plan Review No. 2020-04 for the Central Pointe Mixed- Use Project to be Located at 1801 East Fourth Street Department(s): Planning and Building Agency Recommended Action: 1. Adopt a resolution approving a third and final one-year extension of Site Plan Review No. 2020-04 to November 9, 2025. RESOLUTION NO. 2024-057 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING A ONE-YEAR EXTENSION OF SITE PLAN REVIEW NO. 2020-04 FOR THE CENTRAL POINTE MIXED-USE DEVELOPMENT TO BE LOCATED AT 1801 EAST FOURTH STREET 2. Determine that, pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the extension for this project is exempt pursuant to Section 15061(b)(3). This determination has been made as it has been determined that the proposed action to extend the existing, approved entitlement does not have the potential to cause a significant effect on the environment, as the existing, approved entitlement has already been evaluated pursuant to CEQA. 25. Proposed Revisions to Youth Commission Bylaws Department(s): Parks, Recreation, and Community Services Recommended Action: Adopt a resolution approving revised bylaws for the Youth Commission to reflect a new meeting date and time, update procedures, and make clerical edits. RESOLUTION NO. 2024-058 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING REVISED BYLAWS FOR THE YOUTH COMMISSION **END OF CONSENT CALENDAR** PUBLIC HEARING CITY COUNCIL 21 OCTOBER 1, 2024 26. AGENDA ITEM NO. 26 WAS MOVED OUT OF ORDER AND HEARD PRIOR TO THE CONSENT CALENDAR (see page 5) CITY MANAGER COMMENTS MINUTES: City Manager Alvaro Nuñez gave a presentation regarding the Clean City Initiative – Bus Stops. COUNCIL COMMENTS AB1234 DISCLOSURE – If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended. MINUTES: Councilmember Vazquez spoke regarding Day of Dead events in the upcoming month, spoke in memory of Eric Velasco, spoke regarding neighborhood association meetings, expressed excitement for the Mid-Autumn Festival, and gave a shout out to the Santa Ana High School Water Polo team and his students. Councilmember Lopez invited all to attend a Creek Clean-Up with OC Habitat. Councilmember Penaloza thanked staff for the Clean City Initiative, requested staff look into acquiring advertisers on bus stops, and expressed excitement for the Mid-Autumn Festival. Councilmember Hernandez expressed excitement regarding Noche de Altares events, ceremonial street toppers celebrating the Guzman Family, and spoke regarding an upcoming fight on Saturday for Ronnie Rios in the WBA World Championship. Councilmember Bacerra announced his monthly office hours on October 5, 2024 at 10:00 A.M. at Adams Park. Mayor Amezcua announced an education forum for Prop 36 on October 14 from 6:00 P.M. – 8:00 P.M., thanked staff for bus stops, spoke regarding Older Adults Celebration, Logan Reunion, Discovery Cube, announced Coffee With The Mayor on October 19 at Fire Station 75, Girls Conference at Santa Ana College on October 12 from 9:00 A.M. – 2:00 P.M., and stated she sent a letter to OC Supervisor Sarmiento to fund school crossing guards in Santa Ana. Mayor Pro Tem Phan announced the Hoag Health Fair 9:30 A.M. – 1:00 P.M. on Saturday, October 5, 2024, Mid-Autumn Festival on Saturday, October 5, 2024 4:00 P.M. - 8:00 P.M. at Centennial Park, Orange County Fire Authority station open houses on October 12, 2024, and September 17th as National Voter Registration Day. She spoke regarding personal experience related to the right to vote, and acknowledged her father’s birthday. ADJOURNMENT – Adjourn the City Council meeting. CITY COUNCIL 22 OCTOBER 1, 2024 MINUTES: Mayor Amezcua adjourned the City Council Meeting at 9:03 P.M. Respectfully submitted: ___________________________ Jennifer L. Hall, CMC City Clerk CITY COUNCIL 1 OCTOBER 15, 2024 DRAFT Minutes of the Regular Meeting of the City Council City of Santa Ana, California October 15, 2024 CLOSED SESSION MEETING – 4 :00 P.M. REGULAR OPEN MEETING – 5:30 P.M. (Immediately following the Closed Session Meeting) CITY COUNCIL CHAMBER 22 Civic Center Plaza Santa Ana, CA 92701 CLOSED SESSION CALL TO ORDER MINUTES: Mayor Amezcua called the Closed Session meeting to order at 4:10 P.M. ATTENDANCE Council Members Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez David Penaloza Benjamin Vazquez Mayor Pro Tem Thai Viet Phan Mayor Valerie Amezcua City Manager Alvaro Nuñez City Attorney Sonia R. Carvalho City Clerk Jennifer L. Hall ROLL CALL MINUTES: City Clerk Jennifer L. Hall conducted roll call. Councilmembers Bacerra, Lopez, Penaloza and Vazq uez, Mayor Pro Tem Phan, and Mayor Amezcua were present. Councilmember Hernandez arrived during Closed Session. CITY COUNCIL 2 OCTOBER 15, 2024 ADDITIONS\DELETIONS TO CLOSED SESSION MINUTES: None. PUBLIC COMMENTS – Members of the public may address the City Council on Closed Session items. MINUTES: City Clerk Jennifer L. Hall stated one comment was received regarding Closed Session Agenda Item No. 3. RECESS – City Council will recess to Closed Session for the purpose of conducting regular City business. MINUTES: Mayor Amezcua recessed to consider the Closed Session items at 4:12 P.M. CLOSED SESSION ITEMS – The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation: 1. CONFERENCE WITH LEGAL COUNSEL – SIGNIFICANT EXPOSURE TO LITIGATION pursuant to Section 54956.9(d)(2) or (3) of the Government Code: Two (2) matters. 1. Government Tort Claim: Jacob Smith 2. Government Tort Claim: Pierce Peiffer 2. CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Government Code Section 54958.8: Agency Negotiator: Michael Garcia, Executive Director Community Development Agency Negotiating Parties: CEO Ronnie Sandoval, Civic Center Barrio Housing Corporation Under Negotiation: Price and terms related to the possible disposition/acquisition of real property interest. Address of Properties: 1. 600 West Third Street – Units A-110, A-115, A-120, A-215, A-307, B-107, B- 112, B-205, B-303, C-305 2. 601 West Third Street – Units F-102, F-205 3. 621 West Third Street – Unit D-104 4. 700 West Third Street – Units A-110, A-113, A-204, A-304, A-305, A-322, B- 102, B-108, B-204, B-217, C-102, C-103, C-105 5. 701 West Third Street – Units D-101, D-201, E-101, E-105 3. PUBLIC EMPLOYEE APPOINTMENT pursuant to Government Code Section 54957(b)(1) CITY COUNCIL 3 OCTOBER 15, 2024 Title: Independent Oversight Director to the Santa Ana Police Oversight Commission 4. PUBLIC EMPLOYEE PERFORMANCE EVALUATION pursuant to Government Code Section 54957(b)(1): TITLE: City Clerk 5. CONFERENCE WITH LABOR NEGOTIATOR pursuant to California Government Code Section 54957.6(a) Agency Designated Representative: Lori Schnaider, Executive Director of Human Resources Unrepresented Employee: City Clerk CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed Session. RECONVENE – City Council will reconvene to continue regular City business. CITY COUNCIL REGULAR OPEN SESSION CALL TO ORDER MINUTES: Mayor Amezcua reconvened the City Council Meeting to order at 6:07 P.M. ATTENDANCE Councilmembers Mayor Pro Tem Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez David Penaloza Benjamin Vazquez Thai Viet Phan Mayor Valerie Amezcua City Manager City Attorney City Clerk Alvaro Nuñez Sonia R. Carvalho Jennifer L. Hall ROLL CALL MINUTES: City Clerk Jennifer L. Hall conducted roll call. Councilmembers Bacerra, Hernandez (arrived at 6:11 P.M.), Lopez, Penaloza, and Vazquez, Mayor Pro Tem Phan, and Mayor Amezcua were present. PLEDGE OF ALLEGIANCE Selica Diaz WORDS OF INSPIRATION Police Chaplain Bob Barnett CITY COUNCIL 4 OCTOBER 15, 2024 ADDITIONS\DELETIONS TO THE AGENDA MINUTES: City Clerk Jennifer L. Hall announced the removal of Agenda Item No. 9. CEREMONIAL PRESENTATIONS 1. Proclamation presented by Mayor Amezcua to Human Options declaring October 2024 as Domestic Violence Awareness Month MINUTES: Mayor Amezcua presented a proclamation to Human Options declaring October 2024 as Domestic Violence Awareness Month. 2. Proclamation presented by Mayor Pro Tem Phan to Smedley Chapter One Club declaring October 2024 as Toastmasters Month in Honor of their Centennial Anniversary MINUTES: Mayor Pro Tem Phan presented a proclamation to Smedley Chapter One Club declaring October 2024 as Toastmasters Month in Honor of their Centennial Anniversary. 3. Proclamation presented by Councilmember Bacerra declaring October 2024 as Filipino American History Month MINUTES: Councilmember Bacerra presented a proclamation declaring October 2024 as Filipino American History Month. 4. Certificate of Recognition presented by Councilmember Lopez to Vecindario Lacy En Accion for their Outstanding Contributions to the Community MINUTES: Councilmember Lopez presented a certificate of recognition to Vecindario Lacy En Accion for the outstanding contributions to the Community. STAFF PRESENTATION 5. Engagement and Enforcement on Union Pacific Railroad Right of Way MINUTES: City Manager Alvaro Nuñez gave an update regarding enhanced homeless outreach/engagement and enforcement on Union Pacific Railroad right-of- way. CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed Session. o Update on Ethics Code Investigation MINUTES: City Attorney Sonia Carvalho stated there was no reportable action on Closed Session items. She provided an update regarding allegations that City Council had received regarding Code of Ethics violations and Brown Act violations pertaining CITY COUNCIL 5 OCTOBER 15, 2024 to Councilmember Hernandez and Mayor Amezcua and stated that the findings in the allegations against Mayor Amezcua were not sustained, findings for three of the four allegations against Councilmember Hernandez were sustained, and the Orange County District Attorney’s Office did not find sufficient evidence to substantiate the allegations.Tthe City now deems these matters to be resolved unless the AdHoc committee gives further direction. Councilmember Penaloza asked for clarification on the DA’s decision regarding the allegations. City Attorney Carvalho clarified that the DA’s office concluded the Brown Act allegations were not sustained. PUBLIC COMMENTS – Public comments will be held during the beginning of the meeting for ALL comments on agenda and non-agenda items. MINUTES: City Clerk Jennifer L. Hall reported out the summary of email comments received: (20) non-agenda comments. The following speakers addressed City Council in-person: 1. Gloria Guzman Aguirre expressed concern regarding safety in Ward 2 and the Metro East Apartments. 2. Christa Headington spoke regarding Metro East Apartments. 3. Nancy Emerson spoke regarding Metro East Apartments and expressed concern regarding safety. 4. Bob Adams spoke regarding rezoning SD 84 Industrial Overlay Transit Zone. 5. Tommy Fernandez spoke regarding Agenda Item No. 10. 6. Kevin Tranter spoke regarding rezoning SD 84 Industrial Overlay Transit Zone. 7. Mike Tardif spoke regarding rezoning SD 84 Industrial Overlay Transit Zone. 8. Carl Benninger spoke regarding future ComLink meetings on October 24, 2024 and November 21, 2024. 9. Jackie Cordova spoke regarding the treaty of Guadalupe Hidalgo, and crimes and safety related to the Police Department. 10. Bryan Farkas spoke in support of Agenda Item No. 25. 11. Maritza Delgado spoke regarding Metro East Apartments and expressed concern regarding safety. CITY COUNCIL 6 OCTOBER 15, 2024 12. Gloria Salinas spoke regarding Metro East Apartments, expressed concern regarding safety, and requested the City Council address issues at the apartment complex. 13. Gary Kingsbury spoke regarding Metro East Apartments, expressed concern regarding safety, and requested the City Council address issues at the apartment complex. 14. Jenfief Iran spoke regarding Metro East Apartments. 15. Chau Nguyen spoke regarding Metro East Apartments, expressed concern regarding safety, and requested the City Council address issues at the apartment complex. 16. Victor Mendez spoke regarding Code Enforcement’s notice of violations to Metro East Apartments and request ConAm Management be removed. 17. Julie Feenstra spoke regarding Metro East Apartments, expressed concern regarding safety, and requested the City Council address issues at the apartment complex. 18. Selica Diaz thanked City staff for their hard work, efforts, and community outreach, and requested additional teen programs. 19. Carlos Manrique expressed concern regarding parking lot spaces at the apartment complex and submitted records. 20. Deepa Bijlani spoke regarding Metro East Apartments and expressed concern regarding safety. 21. Adrian Esparza spoke in support of Agenda Item No. 25. 22. Conrad Allenbach spoke regarding raised rent increases, safety, corruption, and poor management at Metro East Apartments. 23. Sue Palik spoke regarding Metro East Apartments, the Lion Dance, and diversity, and expressed concern with comments made by Council. 24. Venancio Chaves (translation: Spanish) spoke regarding measures on the ballot. RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 6 through 25 and waive reading of all resolutions and ordinances. CONSENT CALENDAR CITY COUNCIL 7 OCTOBER 15, 2024 MINUTES: At 7:53 P.M., the Consent Calendar was considered. Councilmember Vazquez pulled Agenda Item No. 10 for separate discussion and consideration and requested to comment on Agenda Item Nos. 11 and 18. Councilmember Hernandez requested to comment on Agenda Item Nos. 12 and 21. Mayor Pro Tem Phan recused herself from Agenda Item Nos. 18 and 25 as the listed entities, Illumination Foundation and Callen’s Trust, are clients of her employer, Rutan and Tucker. MOTION: Councilmember Bacerra moved to approve Consent Calendar Item Nos. 6 through 25 with the exception of Agenda Item Nos. 9 removed from consideration and 10 pulled for separate discussion and consideration, seconded by Councilmember Penaloza. The motion carried, 7-0, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER LOPEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM PHAN, MAYOR AMEZCUA NONE NONE NONE Status: 7 – 0 – Pass 6. Excused Absences Department(s): City Clerk’s Office Recommended Action: Excuse the absent members. 7. Minutes from the Regular Meeting of September 17, 2024 and the Regular Adjourned Meeting of September 17, 2024 held on September 23, 2024 Department(s): City Clerk’s Office Recommended Action: Approve minutes. 8. Appoint Vivian Wilhelm Nominated by the Community Development Agency as the Senior Tenant Representative to the Community Development Commission for a Full Term Expiring November 14, 2026 Department(s): City Clerk’s Office Recommended Action: Appoint Vivian Wilhelm to the Community Development CITY COUNCIL 8 OCTOBER 15, 2024 Commission as the Senior Tenant Representative and administer the Oath of Office. AGENDA ITEM NO. 9 WAS REMOVED FROM CONSIDERATION 9. Agreements with Serviam By Wright, LLP; Nastich Law, a Professional Corporation; and Palacios Law Office to Provide Administrative Hearing Officer Services (Specification 24-052) (General and Non-General Fund) Department(s): Finance and Management Services Recommended Action: Authorize the City Manager to execute agreements with each of the three firms listed below for Administrative Hearing Officer services on an as-needed basis, in a total aggregate amount not to exceed $1,970,000, for an initial three-year term beginning October 15, 2024, with a provision for one, two- year extension exercisable by the City Manager and the City Attorney (Core Agreement No. A-2024-XXX). Firms Location Serviam By Wright, LLP Irvine, CA Nastich Law, a Professional Corporation Berkeley, CA Palacios Law Office Riverside, CA Status: 6 – 0 - 1 – Pass AGENDA ITEM NO. 10 WAS PULLED FOR SEPARATE DISCUSSION AND CONSIDERATION 10. Prioritization of Park Projects Department(s): Finance and Management Services Recommended Action: Receive and file, or provide staff with alternate direction. MINUTES: City Manager Alvaro Nuñez gave a brief report regarding the prioritization of Park projects. Councilmember Hernandez asked whether restrooms at Salvador Park would be replaced, spoke regarding the Park projects, and spoke in support of the item. City Manager Nuñez stated restrooms would be replaced. Councilmember Lopez asked how the deficits in the projects would be covered and asked for an update regarding the financial progress. City Manager Nuñez briefly spoke regarding monies and funds related to the Park projects and stated additional information and updates would be provided at the CITY COUNCIL 9 OCTOBER 15, 2024 November 19, 2024 meeting. MOTION: Councilmember Vazquez moved to approve the recommended action for Item No. 10, seconded by Councilmember Hernandez. The motion carried, 7-0, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER LOPEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM PHAN, MAYOR AMEZCUA NONE NONE NONE Status: 7 – 0 – Pass 11. Award a Construction Contract to AMG & Associates, Inc. for the Memorial Park Aquatics Center Project (No. 22-1415)(Non-General Fund) (Revive Santa Ana Program) Department(s): Public Works Agency Recommended Action: 1. Approve an appropriation adjustment to recognize $165,000 of accumulated Capital Outlay Fund account balance that will be appropriated for spending in the Capital Outlay Fund, Park Improvements, Building & Building Improvements expenditure account (05113263-66200). (Requires five affirmative votes) 2. Approve an appropriation adjustment recognizing $50,000 in the Capital Outlay Fund (Cell Tower) revenue account and appropriate the same amount into the Capital Outlay Fund, Park Improvements, Buildings & Building Improvements expenditure account (05113263-66200). (Requires five affirmative votes) 3. Approve an appropriation adjustment reallocating $1,194,500 in general fund from PRSCA Service Enhancement, Building and Building Improvements to Public Works Road Maintenance, Improvements Other than Buildings. This request is a housecleaning matter to expedite the Delhi channel fencing and resolve security and safety concerns. (Requires five affirmative votes) 4. Authorize a budget reallocation of $3,927,265 in unspent funds from various other projects (detailed in the Discussion Section) to construction funds for the Memorial Park Aquatics Center Project (No. 22-1415). 5. Approve an amendment to the Fiscal Year 2024-2025 Capital Improvement Program to include an additional $19,897,209 in construction funds for the Memorial Park and Aquatics Renovation Project (No. 22-1415). CITY COUNCIL 10 OCTOBER 15, 2024 6. Approve the Project Cost Analysis for a total estimated construction delivery cost of $29,339,203, which includes $26,326,548 for the construction contract; $380,000 for contract administration, inspection, and testing; and a $2,632,655 project contingency for unanticipated or unforeseen work due to the complexity and extensive scope of this project. 7. Award a construction contract to AMG & Associates, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $26,326,548, subject to change orders, for construction of the Memorial Park Aquatics Center Project (No. 22-1415), for a term beginning October 15, 2024 and ending upon project completion, and authorize the City Manager to execute the contract. 8. Determine that pursuant to the California Environmental Quality Act the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER-2024-83 was filled for Project No. 22-1415. MINUTES: Councilmember Vazquez spoke in support of the item. Councilmember Penaloza spoke in support of the item and asked whether the mural would be saved. City Manager Alvaro Nuñez stated the mural would be saved. 12. Construction Contract for the Construction of a Cul de Sac, Bioswale, and Crosswalk Adjacent to Future Park on 10th Street and Flower Street (No. 22- 1342) (Non-General Fund) (Revive Santa Ana) Department(s): Public Works Agency Recommended Action: 1. Approve an amendment to the Fiscal Year 2024-2025 Capital Improvement Program to include an additional $1,845,898 in construction funds for the 10th Street & Flower Street Improvements Project (No. 22-1342). 2. Approve the Project Cost Analysis for a total estimated construction delivery cost of $1,845,898, which includes $1,476,719 for the construction contract; $221,507 for contract administration, inspection, and testing; and a $147,672 project contingency for unanticipated or unforeseen work due to the complexity and extensive scope of this project. 3. Award a construction contract to Vido Samarzich, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $1,476,719, subject to change orders, for construction of the 10th Street & Flower Street Improvements Project (No. 22-1342), for a term beginning October 15, 2024 and ending upon project completion, and authorize the City Manager to execute the contract. CITY COUNCIL 11 OCTOBER 15, 2024 4. Approve adoption of a Mitigated Negative Declaration for the 10th & Flower Street Improvements and future 10th & Flower Park, pursuant to the California Environmental Quality Act. Mitigation measures identified in the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program prepared for the project will be made part of the Construction Contract. MINUTES: Councilmember Hernandez spoke in support of the item. Councilmember Penaloza asked whether there would be a fence to close the Park. Public Works Director Nabil Saba stated the Park has not been designed but a locking fence could be incorporated to protect the park. Mayor Amezcua spoke regarding safety and signage at parks. 13. Appropriation Adjustment Recognizing Measure M2 Grant Funding; Amend the Fiscal Year 2024-25 Capital Improvement Program for the Kraemer Boulevard, Glassell Street, Grand Avenue Corridor Regional Traffic Signal Synchronization Project (Project No. 25-6705) Department(s): Public Works Agency Recommended Action: 1. Approve an appropriation adjustment recognizing Measure M2 grant funding in the amount of $4,568,526 into the Public Works Measure M2 Competitive revenue account and appropriate the same amount into the Measure M2 Competitive Street, Improvements Other Than Building expenditure account for future year expenditures. (Requires five affirmative votes) 2. Approve an amendment to the Fiscal Year 2024-25 Capital Improvement Program to include Measure M2 grant funding in the amount of $4,568,526 for the Kraemer Boulevard, Glassell Street, Grand Avenue Corridor Regional Traffic Signal Synchronization Project (Project No. 25-6705). 14. Aggregate Purchase Order Contracts to Core & Main LP and Ferguson Enterprises, LLC dba Ferguson WW for Fire Hydrants and Hydrant Parts (Specification No. 24-063) (Non-General Fund) Department(s): Public Works Agency Recommended Action: Award aggregate purchase order contracts to the vendors listed below for the purchase of fire hydrants and fire hydrant parts on an as-needed basis, in an annual aggregate amount not to exceed $250,000, for an initial one- year term expiring October 14, 2025, with provisions for four, one-year renewal options. Vendor Location CITY COUNCIL 12 OCTOBER 15, 2024 Core & Main LP Santa Ana, CA Ferguson Enterprises, LLC Santa Ana, CA 15. Agreement with Mike Prlich and Sons, Inc., T.E. Roberts, Inc., Big Ben, Inc., and J&L Constructors, Inc. for Large Water Services Vault and Meter Apparatus Improvements (Non-General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute agreements with Mike Prlich and Sons, Inc., T.E. Roberts, Inc., Big Ben, Inc., and J&L Constructors, Inc. for large water meter services vault and meter apparatus improvements, for a total aggregate amount not to exceed $7,500,000, for a three-year term beginning October 15, 2024 and expiring October 14, 2027, with a provision for one two-year extension (Core Agreement No. 2024-165). 16. Purchase and Sale Agreement and Appropriation Adjustment, in the Same Amount for the Sale of City-owned Real Property, Formerly Portions of 1601 and 1607 North Bristol Street, to Bristol Center Properties, LLC; Amend Purchase and Sale Agreement with Bristol Center Properties to Extend the Deadline to Open A Drive-Thru Restaurant or Drive-Thru Café at 1601 and 1607 North Bristol Street by 18 Months (Non-General Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an appropriation adjustment recognizing revenue in the amount of $2,989 in the Select Street Construction Fund, Sale of Land revenue account for Fiscal Year 2024-25 from the sale of City-owned property formerly portions of 1601 and 1607 North Bristol Street and appropriating the same amount to the OCTA Bristol Street Corridor Improvements, Improvements Other Than Building expenditure account. Receipt of Measure M Street Construction proceeds in the amount of $6,811 will be disbursed to the Orange County Transportation Authority (OCTA). (Requires five affirmative votes) 2. Approve an amendment to the Fiscal Year 2024-25 Capital Improvement Program to include $2,989 of funding into the Bristol Street Improvements Project (No. 11-6741). 3. Authorize the City Manager to execute a purchase and sale agreement with Bristol Center Properties, LLC for the sale of 392 square feet of City-owned property formerly portions of 1601 and 1607 North Bristol Street (APN 405-252- 21 & 22), in the amount of $9,800 (Agreement No. A-2024-166). 4. Authorize the City Manager to execute the first amendment to the agreement with Bristol Center Properties to extend the deadline to open for business to the public for a drive-thru restaurant or drive-thru café at 1601 and 1607 North Bristol CITY COUNCIL 13 OCTOBER 15, 2024 Street by 18 months (Agreement No. A-2024-167). 17. Cooperative Agreement with Orange County Transportation Authority for the McFadden Avenue Transit Signal Priority Pilot Project (Project No. 25-6030) (Non-General Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an appropriation adjustment recognizing Regional Early Action Planning 2.0 funding in the amount of $3,690,000 into the Public Services-Street Safety Projects, State Grant-Indirect revenue account and appropriate the same amount into the Regional Early Action Planning Grant, Improvements Other Than Building expenditure account. (Requires five affirmative votes) 2. Authorize the City Manager to execute a cooperative agreement with Orange County Transportation Authority in an amount not to exceed $3,690,000, for the design, construction, and evaluation of the McFadden Avenue Transit Signal Priority Pilot Project, effective upon full approval of the agreement through December 31, 2026, with the option to be extended (Agreement No. A-2024- 168). 3. Approve an amendment to the Fiscal Year 2024-25 Capital Improvement Program to include $3,690,000 in design and construction funds for the McFadden Avenue Transit Signal Priority Pilot Project (No. 25-6030). 18. Conditional Grant Agreement and Affordable Housing Regulatory Agreement with Declaration of Covenants and Restrictions with Illumination Foundation (Non-General Fund) Department(s): Community Development Agency Recommended Action: Authorize the City Manager to execute a conditional grant agreement and regulatory agreement with Illumination Foundation for $2,021,319 in Homeless Housing, Assistance and Prevention Program Round 1, 2, and 3 funds for the development of the Richard Lehn Intergenerational Housing Project located at 918 Bewley Street (APN 198-231-10) (Agreement Nos. A-2024-169 and A- 2024-170). MINUTES: Mayor Pro Tem Phan recused herself from Agenda Item No. 18 as the listed entity, Illumination Foundation, is a client of her employer, Rutan and Tucker. Councilmember Vazquez spoke in support of the item. Mayor Amezcua spoke regarding visiting the site and in support of the item. Councilmember Hernandez spoke in support of the item and thanked staff for their CITY COUNCIL 14 OCTOBER 15, 2024 hard work and efforts. Councilmember Penaloza thanked staff for their efforts on the project. MOTION: Councilmember Bacerra moved to approve the recommended action for Item No. 18, as part of the Consent Calendar, seconded by Councilmember Penaloza. The motion carried, 6-0-1, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER LOPEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER VAZQUEZ, MAYOR AMEZCUA NONE MAYOR PRO TEM PHAN (recusal) NONE Status: 6 – 0 - 1 – Pass 19. Amendments to the Memorandums of Understanding between the City of Santa Ana and the Confidential Association of Santa Ana (CASA), the Santa Ana Management Association (SAMA), and the Service Employees International Union Local 721 (SEIU) Department(s): Human Resources Recommended Action: Authorize the City Manager to execute the amendments to the Memorandums of Understanding (MOU) of three labor groups in order to modify and delineate specific articles of the MOUs (Agreement Nos. A-2024-171, A-2024-172, and A-2024-173). • Second Amendment to the Memorandum of Understanding (MOU) between the City of Santa Ana and the Confidential Association of Santa Ana (CASA) for the period of July 1, 2022 through June 30, 2025 • First Amendment to the Memorandum of Understanding (MOU) between the City of Santa Ana and the Santa Ana Management Association (SAMA) for the period of July 1, 2022 through June 30, 2025 • First Amendment to the Memorandum of Understanding (MOU) between the City of Santa Ana and the Service Employees International Union Local 721 (SEIU) for the period of July 1, 2022 through June 30, 2025 20. Amendment to Agreement with Sunny Hills Associates, Inc. for Property Restoration Services (Non-General Fund) Department(s): Human Resources Recommended Action: Authorize the City Manager to execute an amendment to CITY COUNCIL 15 OCTOBER 15, 2024 the agreement with Sunny Hills Associates, Inc. for property restoration services to increase the not-to-exceed amount by $50,000, for aggregate compensation up to $100,000, under for the term of April 1, 2022 through March 31, 2026 (Agreement No. A-2024-174). 21. Agreement with Ravenswood Studio, Inc. to Custom Fabricate, Deliver, and Install Children’s Interactive Exhibits for the Main Library Renovation Project (Specification No. 24-107) (Project No. 25-1380) (General Fund) Department(s): Library Recommended Action: Authorize the City Manager to execute an agreement with Ravenswood Studio, Inc. to provide custom fabrication, delivery, and installation of children’s interactive exhibits for the Main Library Transformation Project, in the amount of $852,535, plus a 10% contingency amount of $85,253, for a total amount not to exceed $937,788, for a term expiring December 31, 2026, with a provision for one 1-year extension (Agreement No. A-2024-175). MINUTES: Councilmember Hernandez spoke in support of the item. Councilmember Bacerra asked why comments are allowed when the item is not pulled for separate discussion and consideration. City Attorney Sonia Carvalho stated she would work with the Mayor, City Manager and the City Clerk to address items being pulled and comments provided by the City Council. 22. Amendment to the Lease Agreement with Rio Vista West, LLC for the Police Department’s Westend Substation (General Fund) Department(s): Police Department Recommended Action: Authorize the City Manager to execute an amendment to the lease agreement with Rio Vista West, LLC for a leased property for use as the Westend Substation, for the period of November 1, 2024 through October 31, 2025, in an annual amount of $38,292 (Agreement No. A-2024-176). 23. Historic Property Preservation Agreements for the Properties Located at 214- 218 W. 4th Street, 2539 N. French Street, 1113 W. Riviera Street, 2312 N. Spurgeon Street, and 1106 S. Parton Street Department(s): Planning and Building Agency Recommended Action: Authorize the City Manager to execute the attached Mills Act agreements with the below-referenced property owners for the identified structure(s) (Agreement Nos. A-2024-177, A-2024-178, A-2024-179, A-2024-180, and A-2024-181). [Includes determination that the proposed projects are exempt CITY COUNCIL 16 OCTOBER 15, 2024 from further review in accordance with the California Environmental Quality Act as the following Categorical Exemptions will be filed: ER No. 2024-67, ER-2024-68, ER-2024-69, ER-2024-70, and ER-2024-71] Table 1: Mills Act Agreements Approved by the Historic Resources Commission (HRC) Property Owner(s) Historic Property Preservation Agreement No. Address/House Vote by HRC Liennette Chung, Wild Orchid Investments, LLC 2022-20 214-218 W. 4th Street 6:0:0:3 (Commissioners Escamilla, Rincon, and Murashie absent) François-Xavier and Roxana Fyad 2024-09 2539 N. French Street 7:0:0:2 (Commissioners Rincon and Murashie absent) Charles A. and Molly H. Martin 2024-10 1113 W. Riviera Drive 6:0:0:3 (Commissioners Escamilla, Rincon, and Murashie absent) Carter and Chelsea Sapp 2024-11 2312 N. Spurgeon Street 7:0:0:2 (Commissioners Rincon and Murashie absent) Jennifer Schutza 2024-12 1106 S. Parton Street 6:0:0:3 (Commissioners Escamilla, Rincon, and Murashie absent) 24. Application to the California State Department of Housing and Community Development for the Prohousing Designation Program under the Permanent Regulations Department(s): Planning and Building Agency Recommended Action: Adopt a resolution authorizing application to the California State Department of Housing and Community Development Prohousing Designation Program. RESOLUTION NO. 2024-059 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING APPLICATION TO AND PARTICIPATION IN THE PROHOUSING DESIGNATION PROGRAM CITY COUNCIL 17 OCTOBER 15, 2024 25. Amendment Application No. 2023-03 and Development Agreement No. 2023- 02 for Related Bristol Specific Plan Amendment Application and Development Agreement Ordinances (3600 S Bristol Street) (Second Readings) First reading October 1, 2024 City Council meeting and approved by a vote of (6-0-1, Phan abstaining due to recusal). Department(s): Planning and Building Agency Recommended Action: 1. Conduct a second reading and adopt an ordinance approving Amendment Application (AA) No. 2023-03. ORDINANCE NO. NS-3070 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 2023-03 TO ESTABLISH THE RELATED BRISTOL SPECIFIC PLAN (SP NO. 5) AND TO APPROVE A ZONE CHANGE FOR THE 41-ACRE SITE GENERALLY LOCATED AT 3600 BRISTOL STREET FROM GENERAL COMMERCIAL (C2) AND COMMERCIAL RESIDENTIAL (CR) TO RELATED BRISTOL SPECIFIC PLAN (SP NO. 5) 2. Conduct a second reading and adopt an ordinance approving Development Agreement No. 2023-02. ORDINANCE NO. NS-3071 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING DEVELOPMENT AGREEMENT NO. 2023-02 FOR A MIXED-USE DEVELOPMENT, KNOWN AS THE RELATED BRISTOL SPECIFIC PLAN PROJECT, AT 3600 BRISTOL STREET BETWEEN THE CITY OF SANTA ANA AND GREENVILLE RANCH LLC, BSG WEST BRISTOL LLC, AND MCG BRISTOL WEST LLC (Agreement No. A- 2024-182) 3. Determine that, pursuant to the California Environmental Quality Act (CEQA), the ordinances’ second readings are covered by the Final Supplemental Environmental Impact Report (SEIR) No. 2022-01 (SCH No. 2020029087), including environmental findings of fact pursuant to the California Environmental Quality Act, the Statement of Overriding Considerations, and the Mitigation Monitoring and Reporting Program that were certified and adopted by the City Council on October 1, 2024 for the project (Notice of Determination filed on October 2, 2024). MINUTES: Mayor Pro Tem Phan recused herself from Agenda Item No. 25 as the listed entity, Callen’s, is a client of her employer, Rutan and Tucker. MOTION: Councilmember Bacerra moved to approve the recommended action for Item No. 25, as part of the Consent Calendar, seconded by Councilmember Penaloza. CITY COUNCIL 18 OCTOBER 15, 2024 The motion carried, 6-0-1, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER LOPEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER VAZQUEZ, MAYOR AMEZCUA NONE MAYOR PRO TEM PHAN (recusal) NONE Status: 6 – 0 - 1 – Pass **END OF CONSENT CALENDAR** CITY MANAGER COMMENTS MINUTES: None. COUNCIL COMMENTS AB1234 DISCLOSURE – If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended. MINUTES: Councilmember Vazquez thanked staff for work done at railroad tracks, announced his attendance at TKO Program at Jerome Park, spoke regarding the street topper for the Guzman family, and dedicated the meeting in memory of Terry Kim, Valley High School teacher. Councilmember Penaloza expressed excitement for the arrival of baby No.2. in March 2025. Councilmember Lopez invited all to attend a park clean-up at Santiago Park on October 23, 2024 at 2:00 P.M., and wished everyone a safe and Happy Halloween. Mayor Pro Tem Phan spoke regarding the Mid-Autumn Festival and attendance at OCFA’s station open house, and encouraged all to vote. Councilmember Bacerra announced community office hours on November 2, 2024 at 10:00 A.M. at Sandpointe, spoke regarding the ROVE charging center and Gelsons, and thanked Orange County Supervisor Sarmiento for fencing between the Flower Bike Trail and County Flood Control Channel. He spoke regarding conducting business effectively, Prop. 36, and encouraged all to vote. Councilmember Hernandez thanked staff for their hard work and efforts, the Guzman family for their contributions to the community, spoke regarding the report on the ethics code investigation, and encouraged all to vote. CITY COUNCIL 19 OCTOBER 15, 2024 Mayor Amezcua spoke regarding ROVE, Neighborhood Association meeting on October 14, 2024 regarding Prop. 36, Girls Conference, and attendance at Taste of Santa Ana, congratulated the Santa High School Marching Band for the invitation to the Rose Bowl Parade, announced Coffee with the Mayor at Fire Station 75 on October 19, 2024 and the last Coffee with the Mayor on October 26, 2024, and thanked the Board of Supervisors for supporting Prop. 36. She briefly spoke regarding the Union Pacific Railroad presentation and sustained ethics code violations, and encouraged all to vote. City Attorney Sonia Carvalho announced and read the ethics code violation investigations related to Mayor Amezcua and Councilmember Hernandez, stating that four items for Mayor Amezcua were not sustained and that three of the four items for Councilmember Hernandez were sustained. Brief discussion ensued regarding next steps related to the sustained allegations. ADJOURNMENT – Adjourn the City Council meeting. MINUTES: Mayor Amezcua adjourned the City Council Meeting at 9:00 P.M. Respectfully submitted: ___________________________ Jennifer L. Hall, CMC City Clerk CITY COUNCIL 1 OCTOBER 28, 2024 DRAFT Minutes of the Special Meeting of the City Council City of Santa Ana, California October 28, 2024 SPECIAL OPEN MEETING – 5:30 P.M. CITY COUNCIL CHAMBER 22 Civic Center Plaza Santa Ana, CA 92701 CITY COUNCIL REGULAR OPEN SESSION CALL TO ORDER MINUTES: Mayor Amezcua convened the Special City Council Meeting to order at 5:32 P.M. ATTENDANCE Councilmembers Mayor Pro Tem Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez David Penaloza Benjamin Vazquez Thai Viet Phan Mayor Valerie Amezcua City Manager City Attorney City Clerk Alvaro Nuñez Sonia R. Carvalho Jennifer L. Hall ROLL CALL MINUTES: City Clerk Jennifer L. Hall conducted roll call. Councilmembers Bacerra, Hernandez, Penaloza, and Vazquez, Mayor Pro Tem Phan, and Mayor Amezcua were present. Councilmember Lopez was absent. CITY COUNCIL 2 OCTOBER 28, 2024 PLEDGE OF ALLEGIANCE Mayor Amezcua ADDITIONS\DELETIONS TO THE AGENDA MINUTES: None. Mayor Amezcua spoke regarding the purpose of the Special Meeting. City Attorney Sonia Carvalho spoke regarding options provided to the City Council to address the findings that were reported at the last Council meeting. PUBLIC COMMENTS – Public comments will be held during the beginning of the meeting for ALL comments on agenda and non-agenda items. MINUTES: City Clerk Jennifer L. Hall reported out the summary of email comments received: (5) Agenda Item No. 1 comments. The following speakers addressed City Council in-person: 1. Jackie Cordova spoke regarding lies by the City Council. 2. Dwayne Shipp spoke regarding Juneteenth, his experiences with Councilmember Hernandez, and spoke in opposition to the allegations. 3. Nakia McBath spoke regarding his experiences with Councilmember Hernandez and in opposition to the allegations. 4. Fernando Deveras spoke regarding political ploys and spoke in opposition to the allegations. The following speaker addressed City Council via teleconference: 5. Carrie J. Jones spoke regarding Council discord and spoke in opposition to the allegations. MINUTES: At 5:51 P.M., the Business Calendar was considered. 1. Discuss and Address Potential Remedies Regarding the Investigator’s Sustained Findings Regarding Councilmember Johnathan Ryan Hernandez and Take Potential Action or Direct Staff Accordingly MINUTES: Councilmember Hernandez spoke regarding his collaboration and efforts related to the Juneteenth event, his advocacy and transparency efforts, costs to the City, and political ploys. BUSINESS CALENDAR CITY COUNCIL 3 OCTOBER 28, 2024 Mayor Amezcua spoke regarding the findings of the investigation of Councilmember Hernandez and approved monies related to settlements and recalls by Council vote, and stated that this meeting is not political. Councilmember Penaloza spoke regarding the findings of the investigation of Councilmember Hernandez and violations of the City Charter, stated Councilmember Hernandez must be held accountable for his actions, and clarified that this meeting is not political. Councilmember Bacerra spoke regarding the findings of the investigation of Councilmember Hernandez, violation of the City Charter and Code of Ethics, and accountability by elected officials. Councilmember Hernandez spoke regarding systemic racism and review of the matter by the Ad Hoc committee. Discussion ensued regarding the sustained investigation findings and elected officials involvement in City events. Councilmember Vazquez spoke regarding the lack of scope related to the findings of the investigation of Councilmember Hernandez and stated the meeting is politically motivated. Mayor Pro Tem Phan spoke regarding the findings of the investigation of Councilmember Hernandez and accountability by elected officials, and stated she has not fully read the report and cannot make a fully informed decision at this time. MOTION: Mayor Pro Tem Phan moved to continued Agenda Item No. 1 to the November 19, 2024 City Council meeting, seconded by Councilmember Vazquez. MINUTES: Councilmember Bacerra expressed disappointment in the lack of Council Members reading the unredacted investigation report. Councilmember Penaloza echoed previous comments, spoke regarding the lack of reprimand of elected officials in the City and accountability, and stated he requested the next steps related to the investigation and for a special meeting. Mayor Amezcua spoke regarding the Ad Hoc decision to turn over the investigation to an outside party since there were monies involved, accountability, lack of follow- up regarding elected officials reprimand when violating the law, calling for a special meeting, and expressed disappointment in the lack of Council Members reading the unredacted investigation report. Councilmember Vazquez spoke regarding integrity. The motion carried, 5-1-0-1, by the following roll call vote: CITY COUNCIL 4 OCTOBER 28, 2024 AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM PHAN, MAYOR AMEZCUA COUNCILMEMBER BACERRA NONE COUNCILMEMBER LOPEZ Status: 5 – 1 – 0 – 1 – Pass **END OF BUSINESS CALENDAR** CITY MANAGER COMMENTS MINUTES: None. COUNCIL COMMENTS AB1234 DISCLOSURE – If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended. MINUTES: Councilmember Vazquez encouraged people to vote. City Attorney Sonia Carvalho announced that Council comments were not part of a special meeting. ADJOURNMENT – Adjourn the City Council meeting. MINUTES: Mayor Amezcua adjourned the Special City Council Meeting at 6:41 P.M. Respectfully submitted: ___________________________ Jennifer L. Hall, CMC City Clerk