City Council and Housing Authority
Meeting Agenda
December 5, 2023
CLOSED SESSION MEETING – 5:00 PM
REGULAR OPEN MEETING – 5:30 PM
(Immediately following the Closed Session Meeting)
CITY COUNCIL CHAMBER
22 Civic Center Plaza Santa Ana, CA 92701
Valerie Amezcua
Mayor
Thai Viet Phan
Councilmember – Ward 1
Benjamin Vazquez
Councilmember Ward 2
Jessie Lopez
Mayor Pro Tem Ward 3
Phil Bacerra
Councilmember Ward 4
Johnathan Ryan Hernandez
Councilmember Ward 5
David Penaloza
Councilmember Ward 6
Mayor and Council telephone: 7146476900
Agenda item inquiries: 7146476520
Sonia R. Carvalho
City Attorney
Tom Hatch
Interim City Manager
Jennifer L. Hall
City Clerk
In 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 enable the City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supporting documentation can be found on the City’s website – www.santaana.org/agendasandminutes CITY VISION AND CODE OF ETHICS
The City of Santa Ana is committed to achieving a shared vision for the organization and its community. The Vision, Mission and Guiding Principles (Values) are the result of a thoughtful and inclusive process designed to set the City and organization on a course that meets the challenges of today and tomorrow, as follows:
Vision The dynamic center of Orange County which is acclaimed for our: Investment in youth • Safe and healthy community • Neighborhood pride • Thriving economic climate • Enriched and diverse culture • Quality government services Mission To deliver efficient public services in partnership with our community which ensures public safety, a prosperous economic environment, opportunities for our youth, and a high quality of life for residents.
Guiding Principles Collaboration • Efficiency • Equity • Excellence • Fiscal Responsibility • Innovation • Transparency
Code of Ethics and Conduct At the Special Municipal Election held on February 5, 2008, voters approved an amendment to the City Charter which established the Code of Ethics and Conduct for elected officials and members of appointed boards, commissions, and committees to assure public confidence. The following are the core values expressed: • Integrity • Honesty • Responsibility • Fairness • Accountability • Respect • Efficiency Members of the public may attend the City Council meeting inperson or join via Zoom. As a courtesy to the public, the City Council meeting will occur live via teleconference Zoom webinar. You may view the meeting from your computer, tablet, or smart phone via YouTube LiveStream at www.youtube.com/user/SantaAnaLibrary or on CTV3, available on Spectrum channel 3.
PUBLIC COMMENTS – Members of the public who wish to address the City Council on closed session items, items on the regular agenda, or on matters which are not on the agenda but are within the subject matter jurisdiction of the City Council, may do so by one of the 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 written communications received via mail by 4:00 p.m. on the day of the meeting will be distributed to the City Council and imaged into the City’s document archive system which is available for public review.
SENDING EMAIL OPTION – Public comments may be sent via email to the City Clerk’s office at eComment@santaana.org. Please note the agenda item you are commenting on in the subject line of the email. All emails received two (2) hours before the scheduled start of the meeting will be distributed to the City Council and imaged into the City’s document archive system which is available for public review.
LIVE VIRTUAL OPTION – As a courtesy, members of the public may provide live comments during the meeting by Zoom or Conference Call. To join by Zoom click on or type the following address into your web browser
https://us02web.zoom.us/j/315965149. To join the Conference Call: Dial (669) 900 9128 and enter MEETING ID: 315 965 149#. You will be prompted by the City Clerk when it is time for a: i) closed session item, ii) general agenda item, iii) public hearing item, iv) special agenda item, or v) for Housing Authority item. You may request to speak by dialing *9 from your phone or you may virtually raise your hand from Zoom.
After the Clerk confirms the last three digits of the caller’s phone number or Zoom ID and unmutes them, the caller must press *6 or microphone icon to speak. Callers are encouraged, but not required, to identify themselves by name. Each caller will be provided three (3) minutes to speak, unless due to the number of speakers wanting to speak a decision is made to provide a different amount of time to speak.
INPERSON OPTION Members of the public can provide inperson comments at the podium in the Council Chamber. The Council Chamber will have seating available for members of the public to attend the meeting inperson. Public comments are limited to three (3) minutes per speaker, unless a different time is announced by the presiding chair. Speakers who wish to address the Council must do so by submitting a “Request to Speak” card by 5:00 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 be accepted after the Public Comment Session begins without the permission of the presiding chair.
The following designated public comment periods are:
1. LIVE PUBLIC COMMENTS ON CLOSED SESSION ITEMS – You can provide live comments on closed session items by joining Zoom or the Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will open at 4:30 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL and raise your hand BY 5:00 p.m. Speakers who are not in the speaker queue with their hand raised by 5:00 p.m. will not be permitted to speak.
2. LIVE PUBLIC COMMENTS ON REGULAR AGENDA ITEMS AND NONAGENDA ITEMS (GENERAL PUBLIC COMMENT) – You can provide comments by joining Zoom or the Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will open at 4:30 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL and raise your hand PRIOR TO 5:45 p.m. Speakers who are not in the 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 provide comments by joining Zoom or the Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speakers not in the queue by 5:45 p.m. will not be permitted to speak.
4. LIVE PUBLIC COMMENTS ON HOUSING AUTHORITY ITEMS – You can provide comments by joining Zoom or the Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speakers not in the queue by 5:45 p.m. will not be permitted to speak.
TRANSLATION SERVICES Spanish interpreting services are provided at City Council meetings. Simultaneous Spanish interpretation is provided through the use of headsets and consecutive interpretation (SpanishtoEnglish) in addition to those wishing 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 y la interpretación consecutiva (español a inglés) también está disponible para cualquiera que desee dirigirse al consejo municipal en el podio.
About the Agenda
To download or view the attachments (staff report and other supporting documentation) for each agenda item, you must select the agenda item to see the attachments to either open in a new link (the eyeball
) or download a pdf (the cloud symbol with the down arrow ).
CLOSED SESSION
CALL TO ORDER
ATTENDANCE Council Members Phil Bacerra
Johnathan Ryan Hernandez
David Penaloza
Thai Viet Phan
Benjamin Vazquez
Mayor Pro Tem Jessie Lopez
Mayor Valerie Amezcua
Interim City Manager Tom Hatch
City Attorney Sonia R. Carvalho
City Clerk Jennifer L. Hall
ROLL CALL
ADDITIONS\DELETIONS TO CLOSED SESSION
PUBLIC COMMENTS – Members of the public may address the City Council on Closed Session items.
RECESS – City Council will recess to Closed Session for the purpose of conducting regular City business.
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:
Anthony Gonzalez, et al. v. City of Santa Ana, et al., Orange County Superior Court, Case No. 30202201284596
2. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a):
Agency Negotiator: Ramon Figueroa, Acting Human Resources Executive Director Employe Organization:
Santa Ana Police Officers Association (POA)
RECONVENE – City Council will reconvene to continue regular City business.
CITY COUNCIL REGULAR OPEN SESSION
CALL TO ORDER
ATTENDANCE Council Members Phil Bacerra
Johnathan Ryan Hernandez
David Penaloza
Thai Viet Phan
Benjamin Vazquez
Mayor Pro Tem Jessie Lopez
Mayor Valerie Amezcua
Interim City Manager Tom Hatch
City Attorney Sonia R. Carvalho
City Clerk Jennifer L. Hall
ROLL CALL
PLEDGE OF ALLEGIANCE Mayor Amezcua
WORDS OF INSPIRATION Police Chaplain
ADDITIONS\DELETIONS TO THE AGENDA
CEREMONIAL PRESENTATIONS
1. Certificates of Recognition presented by Mayor Amezcua to The Mater Dei High School Varsity Cheerleading Team for Exceptional Athletic Accomplishments CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed Session.
PUBLIC COMMENTS – Public comments will be held during the beginning of the meeting for ALL comments on agenda and nonagenda items.
CONSENT CALENDAR
RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 2 through 17 and waive reading of all resolutions and ordinances.
2. Excused Absences
Department(s): City Clerk’s Office
Recommended Action: Excuse the absent members.
3. Minutes from the Regular Meeting of May 2, 2023, the Special Meeting of May 11, 2023, and the Special Closed Session and Regular Meeting of May 16, 2023 Department(s): City Clerk’s Office
Recommended Action: Approve minutes.
4. Authorization to Prepare Documents for Proposed Sanitation Fee Adjustment in Compliance with Proposition 218 Requirements (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: Authorize and direct staff to initiate the process for adjusting the Sanitation Fee, as per the Proposition 218 requirements, including, but not limited to, all of the following:
a. Prepare and mail proposed rate adjustment notices to all Santa Ana property owners in compliance with Proposition 218 requirements at a cost not to exceed $100,000;
b. Schedule a public hearing at a future City Council meeting on or after February 6, 2024; and
c. Prepare all other documents to proceed with proposed sanitation fee adjustment.
5. Approve Additional Contingency Funds in the Amount of $3,520,000 for an Existing Construction Contract with ByromDavey, Inc. for the Santa Anita Park Improvements Including New Synthetic Soccer Field and Community Center Renovations with an Estimated Project Delivery Cost of $18,033,011 (Project No. 197527) (NonGeneral Fund) (Revive Santa Ana Program)
Department(s): Public Works Agency
Recommended Action: 1. Approve an amendment to the Project Cost Analysis in the amount of $3,520,000 in additional contingency funds for a total estimated construction delivery cost of $18,033,011, which includes $7,317,701 for the construction contract; $731,770 for contract administration, inspection, and testing; and a $9,983,540 project contingency for unanticipated or unforeseen work, subject to nonsubstantive changes approved by the City Manager and City Attorney.
2. Approve an amendment to the Fiscal Year 202324 Capital Improvement Program to include $3,520,000 in construction funds for Santa Anita Park Improvements and New Synthetic Soccer Field (Project No. 197527).
3. Determine that, in accordance with the California Environmental Quality Act (CEQA), the recommended action is exempt from further review. Categorical Exemption Environmental Review No. ER202177 was filed for the project.
6. Amend the Agreement with Amtech Elevator Services by Increasing the Total Contract Amount Not to Exceed to $1,674,168 for the Remainder of the Contract Term (Specification No. 20068) (General Fund and NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: Amend the agreement with Amtech Elevator Services to provide elevator maintenance and repair services at various City facilities and increase the total not to exceed amount available under the Agreement by an additional $717,168, for a total not to exceed amount of $1,674,168 over the remaining term of the Agreement, including all extension periods, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2023XXX).
7. Amendment to the Fiscal Year 202324 CIP, and Amendment to the Agreement with ELS Architecture and Urban Design to Increase the Contract Amount for the Memorial Park and Aquatics Facility Renovation. (Project No. 221415) (NonGeneral Fund) (Revive Santa Ana Program)
Department(s): Public Works Agency
Recommended Action: 1. Approve an appropriation adjustment to recognize $8,398,266 in revenue received in the current year and from prior years into the Residential Development District 3, Park Acquisition & Development Fees revenue account and appropriate the same amount into the Residential Development District 3, Improvements Other Than Building expenditure account. (Requires five affirmative votes)
2. Approve an appropriation adjustment to recognize $41,829 in revenue received from prior years, the Residential Development District 3, Park Acquisition & Development Fees revenue account and appropriate the same amount into the Residential Development District 3In Lieu, Improvements Other Than Building expenditure account. (Requires five affirmative votes)
3. Approve an amendment to the Fiscal Year 202324 Capital Improvement Program to include $11,298,265 for the Memorial Park and Aquatic Facility Renovation (Project No. 221415) (NonGeneral Fund)
4. Authorize the City Manager to execute the first amendment to the agreement with ELS Architecture and Urban Design to increase the Contract Amount by $1,079,000 for a total amount not to exceed $2,858,170 for the architectural design services for a new Memorial Park and Aquatics Facility Renovation for the remaining term of the agreement, beginning December 5, 2023 through August 14, 2026, including up to two oneyear periods upon a writing executed by the City Manager and City Attorney (Agreement No. 2023XXX).
8. Approve an Agreement with City Net to Provide Street Outreach and Engagement Services for QualityofLife Services, in an Amount Not to Exceed $3,841,845.51, Beginning January 1, 2024 Through December 31, 2024 (NonGeneral Fund) Department(s): Community Development Agency
Recommended Action:
1. Authorize the City Manager to execute an agreement with Kingdom Causes, Inc.
DBA City Net in an amount not to exceed $3,841,845.51 for the Santa Ana Multidisciplinary Street Outreach and Engagement (SMART) Program that responds to reports for qualityoflife services from January 1, 2024 through December 31, 2024, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2023XXX).
2. Authorize the City Manager to execute agreements required by state or federal agencies for the use of Homeless Housing, Assistance and Prevention (HHAP) funding, or for any additional funding that may become available.
9. Approve an Agreement with Iron Mountain Information Management, LLC for Document Storage for the Housing Authority, Community Development Agency and Finance & Management Services Agency
Department(s): Community Development Agency
Recommended Action: Authorize the Interim City Manager to execute an agreement with Iron Mountain Information Management, LLC to provide offsite document storage of Community Development Agency and Finance & Management Services records in an amount not to exceed $142,700, for a threeyear term beginning January 1, 2024 and expiring December 31, 2026 with an option of two oneyear extensions, subject to nonsubstantive changes approved by the City Manager and City Attorney (Contingent upon approval of Housing Authority Item # 3) (Agreement No. 2023XXX).
10. Approve a First Amendment to the Memorandum of Understanding between the City of Santa Ana and the Confidential Association of Santa Ana Department(s): Human Resources
Recommended Action: Authorize the Interim City Manager to execute a First 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, modifying and delineating specific articles of the MOU subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2023XXX).
11. A Resolution Authorizing Application to the California State Department of Housing and Community Development for the Prohousing Designation Program Department(s): Planning and Building Agency
Recommended Action: Adopt a Resolution authorizing the application to the California State Department of Housing and Community Development Prohousing Designation Program.
RESOLUTION NO. 2023XXXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE APPLICATION TO AND PARTICIPATION IN THE PROHOUSING DESIGNATION PROGRAM
12. Second OneYear Extension of Site Plan Review No. 202003 and Variance No. 202006 for the 4th and Mortimer MixedUse Development Project Located at 409 and 509 East Fourth Street
Department(s): Planning and Building Agency
Recommended Action:
1. Adopt a resolution approving a oneyear extension of Site Plan Review No. 202003 and Variance No. 202006 to December 15, 2024.
RESOLUTION NO. 2023XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING A SECOND ONE YEAR EXTENSION OF SITE PLAN REVIEW 202003 AND VARIANCE NO. 202006 FOR THE 4TH AND MORTIMER MIXEDUSE DEVELOPMENT TO BE LOCATED AT 409 AND 509 EAST FOURTH STREET
2. Determine that in accordance with 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.
13. Resolution Authorizing a Grant Application Submission for the Bureau of Reclamation WaterSMART Drought Response Program for the Pressure Reducing Station No. 2 Relocation and Emergency Booster Pump Station Project (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: Adopt a Resolution authorizing the Executive Director of the Public Works Agency to submit a grant application to the U.S. Department of the Interior, Bureau of Reclamation’s Sustain and Manage America’s Resources for Tomorrow Drought Response Program Grant for the Pressure Reducing Station No. 2 Relocation and Emergency Booster Pump Station Project, in an amount not to exceed $1,801,250.
RESOLUTION NO. 2023XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING AN APPLICATION FOR GRANT FUNDING BY THE BUREAU OF RECLAMATION’S WATERSMART DROUGHT RESPONSE PROGRAM GRANT PROGRAM FOR THE PRESSURE REDUCING STATION NO. 2 RELOCATION AND EMERGENCY BOOSTER STATION PROJECT
14. Resolutions Authorizing the Executive Director of the Public Works Agency to Execute Grant Agreements with the California Department of Transportation for the Santa Ana Regional Transportation Center Beautification Projects
Department(s): Public Works Agency
Recommended Action: 1. Adopt a resolution authorizing the Executive Director of the Public Works Agency to execute a grant agreement with the California Department of Transportation for the Santa Ana Regional Transportation Center Painting and Wrought Iron Fencing Project.
RESOLUTION NO. 2023XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE EXECUTIVE DIRECTOR OF THE PUBLIC WORKS AGENCY TO EXECUTE AGREEMENTS WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR THE SANTA ANA REGIONAL TRANSPORTATION CENTER PAINTING AND WROUGHT IRON FENCING
PROJECT
2. Adopt a resolution authorizing the Executive Director of the Public Works Agency to execute a grant agreement with the California Department of Transportation for the Santa Ana Regional Transportation Center Outdoor Water Fountain Renovation Project.
RESOLUTION NO. 2023XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE EXECUTIVE DIRECTOR OF THE PUBLIC WORKS AGENCY TO EXECUTE AGREEMENTS WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR THE SANTA ANA REGIONAL TRANSPORTATION CENTER OUTDOOR WATER FOUNTAIN RENOVATION
PROJECT
15. Resolution Declaring the Results of the November 14, 2023 Special Municipal Recall Election
Department(s): City Clerk’s Office
Recommended Action: Adopt a Resolution declaring the results of the Special Recall Election held in Ward 3 of the City of Santa Ana on November 14, 2023.
RESOLUTION NO. 2023XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA RECITING THE FACT OF THE SPECIAL MUNICIPAL RECALL ELECTION HELD ON TUESDAY, NOVEMBER 14, 2023, DECLARING THE RESULT, AND SUCH OTHER MATTERS AS MAY BE PROVIDED BY LAW (staff report and related documents uploaded, 11/29/23, 6:00P.M.)
16. Second Reading of Ordinance Amending Section 2325 of the Santa Ana Municipal Code to Provide That Compensation for City Boards and Commissions Shall be Set by Resolution of the City Council; Resolution Amending Resolution No. 2019034 and Setting Compensation for all City Boards and Commissions First reading at the November 21, 2023 City Council meeting and approved by a unanimous vote.
Published in the Orange County Reporter on November 27, 2023.
Department(s): City Manager’s Office
Recommended Action:
1. Adopt an ordinance amending Section 2325 of the Santa Ana Municipal Code to provide that compensation for City boards and commissions shall be set by resolution of the City Council.
ORDINANCE NO. NS3053 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SECTION 2325 OF THE SANTA ANA MUNICIPAL CODE TO PROVIDE THAT COMPENSATION FOR CITY BOARDS AND COMMISSIONS SHALL BE SET BY RESOLUTION OF THE CITY COUNCIL
2. Adopt a resolution amending Resolution No. 2019034 and setting the compensation for all City boards and commissions.
RESOLUTION NO. 2023XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING RESOLUTION NO. 2019034 AND SETTING COMPENSATION FOR ALL CITY BOARDS AND
COMMISSIONS
17. Second Reading of Ordinance Approving Amendment Application No. 202301 to Change the Zoning District Designation of the Public Park Located at 1117 S.
Standard Avenue from MultipleFamily Residence (R3) to Open Space Land (O) for Consistency with the General Plan Land Use Designation of Open Space First reading at the November 21, 2023 City Council meeting and approved by a unanimous vote.
Published in the Orange County Reporter on November 27, 2023.
Department(s): Planning and Building Agency
Recommended Action: 1. Conduct a second reading and adopt an ordinance approving Amendment Application No. 202301 for Standard and McFadden Public Park located at 1117 S. Standard Avenue;
ORDINANCE NO. NS3054 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 202301 REZONING THE PROPERTIES LOCATED 1113, 1117, 1121, AND 1125 SOUTH STANDARD AVENUE AND RECOGNIZED AS ASSESSOR PARCEL NUMBERS 01125117, 01125118, 01125119, 01125120, 01125138 AND 01125139 (from MultiFamily Residence (R3) to Open Space Land (O)); read by title only and waive further reading.
2. Determine that in accordance with the California Environmental Quality Act (CEQA) and Section 15162 of the CEQA Guidelines, the project is within the scope of the 2022 Santa Ana General Plan Environmental Impact Report (EIR) (SCH No. 2020029087). Furthermore, these actions are categorically exempt from further review per Section 15304 (Class 4 – Minor Alterations of Land) of the CEQA Guidelines. Class 4 consists of minor public or private alterations in the condition of land, water, and/or vegetation which do not involve removal of healthy, mature, scenic trees except for forestry and agricultural purposes. As such, a Notice of Determination, Environmental Review No. 202078, will be filed for this project. **END OF CONSENT CALENDAR**
BUSINESS CALENDAR
18. Fee Deferral Agreement for the Central Pointe MixedUse Development Located at 1801 E. Fourth Street
Department(s): Planning and Building Agency
Recommended Action: Based on the discussion in this staff report, it is recommended that the City Council take one of the following two actions:
1. Deny a request by the applicant to execute a fee deferral agreement for the Central Pointe mixeduse development located at 1801 E. Fourth Street, OR
2. Authorize the City Manager to execute a fee deferral agreement for the Central Pointe mixeduse development located at 1801 E. Fourth Street (Agreement No. 2023XXX).
**END OF BUSINESS CALENDAR**
COUNCILMEMBER REQUESTED ITEMS
19. Discuss and Consider Directing the Interim City Manager to Prepare a Resolution for City Council’s Consideration to Call in Support of a Ceasefire in Gaza – Councilmembers Vazquez and Hernandez
CITY MANAGER COMMENTS
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.
ADJOURNMENT – Adjourn the City Council meeting and convene to the Housing Authority meeting.
Future Items
1. FY202425 Budget Calendar
2. Enterprise Vehicle Lease Agreement
3. Selection of Mayor Pro Tem for 2024
POSTING STATEMENT: On November 28, 2023, a true and correct copy of this agenda was posted at the entrance to City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. Internet Access to City Council, Agency, and Authority agendas and related material is available prior to meetings at santaana.org/agendasandminutes
HOUSING AUTHORITY
CALL TO ORDER
ATTENDANCE Authority Members Phil Bacerra
Johnathan Ryan Hernandez
David Penaloza
Thai Viet Phan
Benjamin Vazquez
Vice Chair Jessie Lopez
Chair Valerie Amezcua
Interim City Manager Tom Hatch
City Attorney Sonia R. Carvalho
Recording Secretary Jennifer L. Hall
ROLL CALL
ADDITIONS\DELETIONS TO THE HOUSING AUTHORITY AGENDA
PUBLIC COMMENTS – Members of the public may address Housing Authority on items on the Housing Authority agenda.
CONSENT CALENDAR
RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 1 and 3 and waive readings for resolutions and ordinances.
1. Excused Absences
Department(s): City Clerk’s Office
Recommended Action: Excuse the absent members.
2. Minutes of the Special Meeting of May 16, 2023 and the Regular Meeting of November 7, 2023
Department(s): City Clerk’s Office
Recommended Action: Approve minutes.
3. Approve an Agreement with Iron Mountain Information Management, LLC for Document Storage for the Housing Authority, Community Development Agency and Finance & Management Services Agency(General Fund and NonGeneral Fund) Department(s): Community Development Agency
Recommended Action: Authorize the Executive Director of the Housing Authority to execute an agreement with Iron Mountain Information Management, LLC to provide offsite document storage of Housing Authority records in an amount not to exceed $142,700, for a threeyear term beginning January 1, 2024 and expiring December 31, 2026 with an option of two oneyear extensions, subject to nonsubstantive changes approved by the Executive Director and the Housing Authority General Counsel (Contingent upon approval of City Council Item # 9) (Agreement No. 2023XXX). **END OF CONSENT CALENDAR**
HOUSING AUTHORITY MEMBER COMMENTS
ADJOURNMENT – Adjourn the Housing Authority meeting.
POSTING STATEMENT: On November 28, 2023, a true and correct copy of this agenda was posted at the entrance to City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. Internet Access to City Council, Agency, and Authority agendas and related material is available prior to meetings at santaana.org/citymeetings.
12/5/2023
City Council and Housing Authority
Meeting Agenda
December 5, 2023
CLOSED SESSION MEETING – 5:00 PM
REGULAR OPEN MEETING – 5:30 PM
(Immediately following the Closed Session Meeting)
CITY COUNCIL CHAMBER
22 Civic Center Plaza Santa Ana, CA 92701
Valerie Amezcua
Mayor
Thai Viet Phan
Councilmember – Ward 1
Benjamin Vazquez
Councilmember Ward 2
Jessie Lopez
Mayor Pro Tem Ward 3
Phil Bacerra
Councilmember Ward 4
Johnathan Ryan Hernandez
Councilmember Ward 5
David Penaloza
Councilmember Ward 6
Mayor and Council telephone: 7146476900
Agenda item inquiries: 7146476520
Sonia R. Carvalho
City Attorney
Tom Hatch
Interim City Manager
Jennifer L. Hall
City Clerk
In 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 enable the City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supporting documentation can be found on the City’s website – www.santaana.org/agendasandminutes CITY VISION AND CODE OF ETHICS
The City of Santa Ana is committed to achieving a shared vision for the organization and its community. The Vision, Mission and Guiding Principles (Values) are the result of a thoughtful and inclusive process designed to set the City and organization on a course that meets the challenges of today and tomorrow, as follows:
Vision The dynamic center of Orange County which is acclaimed for our: Investment in youth • Safe and healthy community • Neighborhood pride • Thriving economic climate • Enriched and diverse culture • Quality government services Mission To deliver efficient public services in partnership with our community which ensures public safety, a prosperous economic environment, opportunities for our youth, and a high quality of life for residents.
Guiding Principles Collaboration • Efficiency • Equity • Excellence • Fiscal Responsibility • Innovation • Transparency
Code of Ethics and Conduct At the Special Municipal Election held on February 5, 2008, voters approved an amendment to the City Charter which established the Code of Ethics and Conduct for elected officials and members of appointed boards, commissions, and committees to assure public confidence. The following are the core values expressed: • Integrity • Honesty • Responsibility • Fairness • Accountability • Respect • Efficiency Members of the public may attend the City Council meeting inperson or join via Zoom. As a courtesy to the public, the City Council meeting will occur live via teleconference Zoom webinar. You may view the meeting from your computer, tablet, or smart phone via YouTube LiveStream at www.youtube.com/user/SantaAnaLibrary or on CTV3, available on Spectrum channel 3.
PUBLIC COMMENTS – Members of the public who wish to address the City Council on closed session items, items on the regular agenda, or on matters which are not on the agenda but are within the subject matter jurisdiction of the City Council, may do so by one of the 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 written communications received via mail by 4:00 p.m. on the day of the meeting will be distributed to the City Council and imaged into the City’s document archive system which is available for public review.
SENDING EMAIL OPTION – Public comments may be sent via email to the City Clerk’s office at eComment@santaana.org. Please note the agenda item you are commenting on in the subject line of the email. All emails received two (2) hours before the scheduled start of the meeting will be distributed to the City Council and imaged into the City’s document archive system which is available for public review.
LIVE VIRTUAL OPTION – As a courtesy, members of the public may provide live comments during the meeting by Zoom or Conference Call. To join by Zoom click on or type the following address into your web browser
https://us02web.zoom.us/j/315965149. To join the Conference Call: Dial (669) 900 9128 and enter MEETING ID: 315 965 149#. You will be prompted by the City Clerk when it is time for a: i) closed session item, ii) general agenda item, iii) public hearing item, iv) special agenda item, or v) for Housing Authority item. You may request to speak by dialing *9 from your phone or you may virtually raise your hand from Zoom.
After the Clerk confirms the last three digits of the caller’s phone number or Zoom ID and unmutes them, the caller must press *6 or microphone icon to speak. Callers are encouraged, but not required, to identify themselves by name. Each caller will be provided three (3) minutes to speak, unless due to the number of speakers wanting to speak a decision is made to provide a different amount of time to speak.
INPERSON OPTION Members of the public can provide inperson comments at the podium in the Council Chamber. The Council Chamber will have seating available for members of the public to attend the meeting inperson. Public comments are limited to three (3) minutes per speaker, unless a different time is announced by the presiding chair. Speakers who wish to address the Council must do so by submitting a “Request to Speak” card by 5:00 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 be accepted after the Public Comment Session begins without the permission of the presiding chair.
The following designated public comment periods are:
1. LIVE PUBLIC COMMENTS ON CLOSED SESSION ITEMS – You can provide live comments on closed session items by joining Zoom or the Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will open at 4:30 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL and raise your hand BY 5:00 p.m. Speakers who are not in the speaker queue with their hand raised by 5:00 p.m. will not be permitted to speak.
2. LIVE PUBLIC COMMENTS ON REGULAR AGENDA ITEMS AND NONAGENDA ITEMS (GENERAL PUBLIC COMMENT) – You can provide comments by joining Zoom or the Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will open at 4:30 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL and raise your hand PRIOR TO 5:45 p.m. Speakers who are not in the 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 provide comments by joining Zoom or the Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speakers not in the queue by 5:45 p.m. will not be permitted to speak.
4. LIVE PUBLIC COMMENTS ON HOUSING AUTHORITY ITEMS – You can provide comments by joining Zoom or the Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speakers not in the queue by 5:45 p.m. will not be permitted to speak.
TRANSLATION SERVICES Spanish interpreting services are provided at City Council meetings. Simultaneous Spanish interpretation is provided through the use of headsets and consecutive interpretation (SpanishtoEnglish) in addition to those wishing 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 y la interpretación consecutiva (español a inglés) también está disponible para cualquiera que desee dirigirse al consejo municipal en el podio.
About the Agenda
To download or view the attachments (staff report and other supporting documentation) for each agenda item, you must select the agenda item to see the attachments to either open in a new link (the eyeball
) or download a pdf (the cloud symbol with the down arrow ).
CLOSED SESSION
CALL TO ORDER
ATTENDANCE Council Members Phil Bacerra
Johnathan Ryan Hernandez
David Penaloza
Thai Viet Phan
Benjamin Vazquez
Mayor Pro Tem Jessie Lopez
Mayor Valerie Amezcua
Interim City Manager Tom Hatch
City Attorney Sonia R. Carvalho
City Clerk Jennifer L. Hall
ROLL CALL
ADDITIONS\DELETIONS TO CLOSED SESSION
PUBLIC COMMENTS – Members of the public may address the City Council on Closed Session items.
RECESS – City Council will recess to Closed Session for the purpose of conducting regular City business.
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:
Anthony Gonzalez, et al. v. City of Santa Ana, et al., Orange County Superior Court, Case No. 30202201284596
2. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a):
Agency Negotiator: Ramon Figueroa, Acting Human Resources Executive Director Employe Organization:
Santa Ana Police Officers Association (POA)
RECONVENE – City Council will reconvene to continue regular City business.
CITY COUNCIL REGULAR OPEN SESSION
CALL TO ORDER
ATTENDANCE Council Members Phil Bacerra
Johnathan Ryan Hernandez
David Penaloza
Thai Viet Phan
Benjamin Vazquez
Mayor Pro Tem Jessie Lopez
Mayor Valerie Amezcua
Interim City Manager Tom Hatch
City Attorney Sonia R. Carvalho
City Clerk Jennifer L. Hall
ROLL CALL
PLEDGE OF ALLEGIANCE Mayor Amezcua
WORDS OF INSPIRATION Police Chaplain
ADDITIONS\DELETIONS TO THE AGENDA
CEREMONIAL PRESENTATIONS
1. Certificates of Recognition presented by Mayor Amezcua to The Mater Dei High School Varsity Cheerleading Team for Exceptional Athletic Accomplishments CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed Session.
PUBLIC COMMENTS – Public comments will be held during the beginning of the meeting for ALL comments on agenda and nonagenda items.
CONSENT CALENDAR
RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 2 through 17 and waive reading of all resolutions and ordinances.
2. Excused Absences
Department(s): City Clerk’s Office
Recommended Action: Excuse the absent members.
3. Minutes from the Regular Meeting of May 2, 2023, the Special Meeting of May 11, 2023, and the Special Closed Session and Regular Meeting of May 16, 2023 Department(s): City Clerk’s Office
Recommended Action: Approve minutes.
4. Authorization to Prepare Documents for Proposed Sanitation Fee Adjustment in Compliance with Proposition 218 Requirements (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: Authorize and direct staff to initiate the process for adjusting the Sanitation Fee, as per the Proposition 218 requirements, including, but not limited to, all of the following:
a. Prepare and mail proposed rate adjustment notices to all Santa Ana property owners in compliance with Proposition 218 requirements at a cost not to exceed $100,000;
b. Schedule a public hearing at a future City Council meeting on or after February 6, 2024; and
c. Prepare all other documents to proceed with proposed sanitation fee adjustment.
5. Approve Additional Contingency Funds in the Amount of $3,520,000 for an Existing Construction Contract with ByromDavey, Inc. for the Santa Anita Park Improvements Including New Synthetic Soccer Field and Community Center Renovations with an Estimated Project Delivery Cost of $18,033,011 (Project No. 197527) (NonGeneral Fund) (Revive Santa Ana Program)
Department(s): Public Works Agency
Recommended Action: 1. Approve an amendment to the Project Cost Analysis in the amount of $3,520,000 in additional contingency funds for a total estimated construction delivery cost of $18,033,011, which includes $7,317,701 for the construction contract; $731,770 for contract administration, inspection, and testing; and a $9,983,540 project contingency for unanticipated or unforeseen work, subject to nonsubstantive changes approved by the City Manager and City Attorney.
2. Approve an amendment to the Fiscal Year 202324 Capital Improvement Program to include $3,520,000 in construction funds for Santa Anita Park Improvements and New Synthetic Soccer Field (Project No. 197527).
3. Determine that, in accordance with the California Environmental Quality Act (CEQA), the recommended action is exempt from further review. Categorical Exemption Environmental Review No. ER202177 was filed for the project.
6. Amend the Agreement with Amtech Elevator Services by Increasing the Total Contract Amount Not to Exceed to $1,674,168 for the Remainder of the Contract Term (Specification No. 20068) (General Fund and NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: Amend the agreement with Amtech Elevator Services to provide elevator maintenance and repair services at various City facilities and increase the total not to exceed amount available under the Agreement by an additional $717,168, for a total not to exceed amount of $1,674,168 over the remaining term of the Agreement, including all extension periods, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2023XXX).
7. Amendment to the Fiscal Year 202324 CIP, and Amendment to the Agreement with ELS Architecture and Urban Design to Increase the Contract Amount for the Memorial Park and Aquatics Facility Renovation. (Project No. 221415) (NonGeneral Fund) (Revive Santa Ana Program)
Department(s): Public Works Agency
Recommended Action: 1. Approve an appropriation adjustment to recognize $8,398,266 in revenue received in the current year and from prior years into the Residential Development District 3, Park Acquisition & Development Fees revenue account and appropriate the same amount into the Residential Development District 3, Improvements Other Than Building expenditure account. (Requires five affirmative votes)
2. Approve an appropriation adjustment to recognize $41,829 in revenue received from prior years, the Residential Development District 3, Park Acquisition & Development Fees revenue account and appropriate the same amount into the Residential Development District 3In Lieu, Improvements Other Than Building expenditure account. (Requires five affirmative votes)
3. Approve an amendment to the Fiscal Year 202324 Capital Improvement Program to include $11,298,265 for the Memorial Park and Aquatic Facility Renovation (Project No. 221415) (NonGeneral Fund)
4. Authorize the City Manager to execute the first amendment to the agreement with ELS Architecture and Urban Design to increase the Contract Amount by $1,079,000 for a total amount not to exceed $2,858,170 for the architectural design services for a new Memorial Park and Aquatics Facility Renovation for the remaining term of the agreement, beginning December 5, 2023 through August 14, 2026, including up to two oneyear periods upon a writing executed by the City Manager and City Attorney (Agreement No. 2023XXX).
8. Approve an Agreement with City Net to Provide Street Outreach and Engagement Services for QualityofLife Services, in an Amount Not to Exceed $3,841,845.51, Beginning January 1, 2024 Through December 31, 2024 (NonGeneral Fund) Department(s): Community Development Agency
Recommended Action:
1. Authorize the City Manager to execute an agreement with Kingdom Causes, Inc.
DBA City Net in an amount not to exceed $3,841,845.51 for the Santa Ana Multidisciplinary Street Outreach and Engagement (SMART) Program that responds to reports for qualityoflife services from January 1, 2024 through December 31, 2024, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2023XXX).
2. Authorize the City Manager to execute agreements required by state or federal agencies for the use of Homeless Housing, Assistance and Prevention (HHAP) funding, or for any additional funding that may become available.
9. Approve an Agreement with Iron Mountain Information Management, LLC for Document Storage for the Housing Authority, Community Development Agency and Finance & Management Services Agency
Department(s): Community Development Agency
Recommended Action: Authorize the Interim City Manager to execute an agreement with Iron Mountain Information Management, LLC to provide offsite document storage of Community Development Agency and Finance & Management Services records in an amount not to exceed $142,700, for a threeyear term beginning January 1, 2024 and expiring December 31, 2026 with an option of two oneyear extensions, subject to nonsubstantive changes approved by the City Manager and City Attorney (Contingent upon approval of Housing Authority Item # 3) (Agreement No. 2023XXX).
10. Approve a First Amendment to the Memorandum of Understanding between the City of Santa Ana and the Confidential Association of Santa Ana Department(s): Human Resources
Recommended Action: Authorize the Interim City Manager to execute a First 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, modifying and delineating specific articles of the MOU subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2023XXX).
11. A Resolution Authorizing Application to the California State Department of Housing and Community Development for the Prohousing Designation Program Department(s): Planning and Building Agency
Recommended Action: Adopt a Resolution authorizing the application to the California State Department of Housing and Community Development Prohousing Designation Program.
RESOLUTION NO. 2023XXXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE APPLICATION TO AND PARTICIPATION IN THE PROHOUSING DESIGNATION PROGRAM
12. Second OneYear Extension of Site Plan Review No. 202003 and Variance No. 202006 for the 4th and Mortimer MixedUse Development Project Located at 409 and 509 East Fourth Street
Department(s): Planning and Building Agency
Recommended Action:
1. Adopt a resolution approving a oneyear extension of Site Plan Review No. 202003 and Variance No. 202006 to December 15, 2024.
RESOLUTION NO. 2023XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING A SECOND ONE YEAR EXTENSION OF SITE PLAN REVIEW 202003 AND VARIANCE NO. 202006 FOR THE 4TH AND MORTIMER MIXEDUSE DEVELOPMENT TO BE LOCATED AT 409 AND 509 EAST FOURTH STREET
2. Determine that in accordance with 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.
13. Resolution Authorizing a Grant Application Submission for the Bureau of Reclamation WaterSMART Drought Response Program for the Pressure Reducing Station No. 2 Relocation and Emergency Booster Pump Station Project (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: Adopt a Resolution authorizing the Executive Director of the Public Works Agency to submit a grant application to the U.S. Department of the Interior, Bureau of Reclamation’s Sustain and Manage America’s Resources for Tomorrow Drought Response Program Grant for the Pressure Reducing Station No. 2 Relocation and Emergency Booster Pump Station Project, in an amount not to exceed $1,801,250.
RESOLUTION NO. 2023XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING AN APPLICATION FOR GRANT FUNDING BY THE BUREAU OF RECLAMATION’S WATERSMART DROUGHT RESPONSE PROGRAM GRANT PROGRAM FOR THE PRESSURE REDUCING STATION NO. 2 RELOCATION AND EMERGENCY BOOSTER STATION PROJECT
14. Resolutions Authorizing the Executive Director of the Public Works Agency to Execute Grant Agreements with the California Department of Transportation for the Santa Ana Regional Transportation Center Beautification Projects
Department(s): Public Works Agency
Recommended Action: 1. Adopt a resolution authorizing the Executive Director of the Public Works Agency to execute a grant agreement with the California Department of Transportation for the Santa Ana Regional Transportation Center Painting and Wrought Iron Fencing Project.
RESOLUTION NO. 2023XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE EXECUTIVE DIRECTOR OF THE PUBLIC WORKS AGENCY TO EXECUTE AGREEMENTS WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR THE SANTA ANA REGIONAL TRANSPORTATION CENTER PAINTING AND WROUGHT IRON FENCING
PROJECT
2. Adopt a resolution authorizing the Executive Director of the Public Works Agency to execute a grant agreement with the California Department of Transportation for the Santa Ana Regional Transportation Center Outdoor Water Fountain Renovation Project.
RESOLUTION NO. 2023XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE EXECUTIVE DIRECTOR OF THE PUBLIC WORKS AGENCY TO EXECUTE AGREEMENTS WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR THE SANTA ANA REGIONAL TRANSPORTATION CENTER OUTDOOR WATER FOUNTAIN RENOVATION
PROJECT
15. Resolution Declaring the Results of the November 14, 2023 Special Municipal Recall Election
Department(s): City Clerk’s Office
Recommended Action: Adopt a Resolution declaring the results of the Special Recall Election held in Ward 3 of the City of Santa Ana on November 14, 2023.
RESOLUTION NO. 2023XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA RECITING THE FACT OF THE SPECIAL MUNICIPAL RECALL ELECTION HELD ON TUESDAY, NOVEMBER 14, 2023, DECLARING THE RESULT, AND SUCH OTHER MATTERS AS MAY BE PROVIDED BY LAW (staff report and related documents uploaded, 11/29/23, 6:00P.M.)
16. Second Reading of Ordinance Amending Section 2325 of the Santa Ana Municipal Code to Provide That Compensation for City Boards and Commissions Shall be Set by Resolution of the City Council; Resolution Amending Resolution No. 2019034 and Setting Compensation for all City Boards and Commissions First reading at the November 21, 2023 City Council meeting and approved by a unanimous vote.
Published in the Orange County Reporter on November 27, 2023.
Department(s): City Manager’s Office
Recommended Action:
1. Adopt an ordinance amending Section 2325 of the Santa Ana Municipal Code to provide that compensation for City boards and commissions shall be set by resolution of the City Council.
ORDINANCE NO. NS3053 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SECTION 2325 OF THE SANTA ANA MUNICIPAL CODE TO PROVIDE THAT COMPENSATION FOR CITY BOARDS AND COMMISSIONS SHALL BE SET BY RESOLUTION OF THE CITY COUNCIL
2. Adopt a resolution amending Resolution No. 2019034 and setting the compensation for all City boards and commissions.
RESOLUTION NO. 2023XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING RESOLUTION NO. 2019034 AND SETTING COMPENSATION FOR ALL CITY BOARDS AND
COMMISSIONS
17. Second Reading of Ordinance Approving Amendment Application No. 202301 to Change the Zoning District Designation of the Public Park Located at 1117 S.
Standard Avenue from MultipleFamily Residence (R3) to Open Space Land (O) for Consistency with the General Plan Land Use Designation of Open Space First reading at the November 21, 2023 City Council meeting and approved by a unanimous vote.
Published in the Orange County Reporter on November 27, 2023.
Department(s): Planning and Building Agency
Recommended Action: 1. Conduct a second reading and adopt an ordinance approving Amendment Application No. 202301 for Standard and McFadden Public Park located at 1117 S. Standard Avenue;
ORDINANCE NO. NS3054 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 202301 REZONING THE PROPERTIES LOCATED 1113, 1117, 1121, AND 1125 SOUTH STANDARD AVENUE AND RECOGNIZED AS ASSESSOR PARCEL NUMBERS 01125117, 01125118, 01125119, 01125120, 01125138 AND 01125139 (from MultiFamily Residence (R3) to Open Space Land (O)); read by title only and waive further reading.
2. Determine that in accordance with the California Environmental Quality Act (CEQA) and Section 15162 of the CEQA Guidelines, the project is within the scope of the 2022 Santa Ana General Plan Environmental Impact Report (EIR) (SCH No. 2020029087). Furthermore, these actions are categorically exempt from further review per Section 15304 (Class 4 – Minor Alterations of Land) of the CEQA Guidelines. Class 4 consists of minor public or private alterations in the condition of land, water, and/or vegetation which do not involve removal of healthy, mature, scenic trees except for forestry and agricultural purposes. As such, a Notice of Determination, Environmental Review No. 202078, will be filed for this project. **END OF CONSENT CALENDAR**
BUSINESS CALENDAR
18. Fee Deferral Agreement for the Central Pointe MixedUse Development Located at 1801 E. Fourth Street
Department(s): Planning and Building Agency
Recommended Action: Based on the discussion in this staff report, it is recommended that the City Council take one of the following two actions:
1. Deny a request by the applicant to execute a fee deferral agreement for the Central Pointe mixeduse development located at 1801 E. Fourth Street, OR
2. Authorize the City Manager to execute a fee deferral agreement for the Central Pointe mixeduse development located at 1801 E. Fourth Street (Agreement No. 2023XXX).
**END OF BUSINESS CALENDAR**
COUNCILMEMBER REQUESTED ITEMS
19. Discuss and Consider Directing the Interim City Manager to Prepare a Resolution for City Council’s Consideration to Call in Support of a Ceasefire in Gaza – Councilmembers Vazquez and Hernandez
CITY MANAGER COMMENTS
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.
ADJOURNMENT – Adjourn the City Council meeting and convene to the Housing Authority meeting.
Future Items
1. FY202425 Budget Calendar
2. Enterprise Vehicle Lease Agreement
3. Selection of Mayor Pro Tem for 2024
POSTING STATEMENT: On November 28, 2023, a true and correct copy of this agenda was posted at the entrance to City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. Internet Access to City Council, Agency, and Authority agendas and related material is available prior to meetings at santaana.org/agendasandminutes
HOUSING AUTHORITY
CALL TO ORDER
ATTENDANCE Authority Members Phil Bacerra
Johnathan Ryan Hernandez
David Penaloza
Thai Viet Phan
Benjamin Vazquez
Vice Chair Jessie Lopez
Chair Valerie Amezcua
Interim City Manager Tom Hatch
City Attorney Sonia R. Carvalho
Recording Secretary Jennifer L. Hall
ROLL CALL
ADDITIONS\DELETIONS TO THE HOUSING AUTHORITY AGENDA
PUBLIC COMMENTS – Members of the public may address Housing Authority on items on the Housing Authority agenda.
CONSENT CALENDAR
RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 1 and 3 and waive readings for resolutions and ordinances.
1. Excused Absences
Department(s): City Clerk’s Office
Recommended Action: Excuse the absent members.
2. Minutes of the Special Meeting of May 16, 2023 and the Regular Meeting of November 7, 2023
Department(s): City Clerk’s Office
Recommended Action: Approve minutes.
3. Approve an Agreement with Iron Mountain Information Management, LLC for Document Storage for the Housing Authority, Community Development Agency and Finance & Management Services Agency(General Fund and NonGeneral Fund) Department(s): Community Development Agency
Recommended Action: Authorize the Executive Director of the Housing Authority to execute an agreement with Iron Mountain Information Management, LLC to provide offsite document storage of Housing Authority records in an amount not to exceed $142,700, for a threeyear term beginning January 1, 2024 and expiring December 31, 2026 with an option of two oneyear extensions, subject to nonsubstantive changes approved by the Executive Director and the Housing Authority General Counsel (Contingent upon approval of City Council Item # 9) (Agreement No. 2023XXX). **END OF CONSENT CALENDAR**
HOUSING AUTHORITY MEMBER COMMENTS
ADJOURNMENT – Adjourn the Housing Authority meeting.
POSTING STATEMENT: On November 28, 2023, a true and correct copy of this agenda was posted at the entrance to City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. Internet Access to City Council, Agency, and Authority agendas and related material is available prior to meetings at santaana.org/citymeetings.
12/5/2023
City Council and Housing Authority
Meeting Agenda
December 5, 2023
CLOSED SESSION MEETING – 5:00 PM
REGULAR OPEN MEETING – 5:30 PM
(Immediately following the Closed Session Meeting)
CITY COUNCIL CHAMBER
22 Civic Center Plaza Santa Ana, CA 92701
Valerie Amezcua
Mayor
Thai Viet Phan
Councilmember – Ward 1
Benjamin Vazquez
Councilmember Ward 2
Jessie Lopez
Mayor Pro Tem Ward 3
Phil Bacerra
Councilmember Ward 4
Johnathan Ryan Hernandez
Councilmember Ward 5
David Penaloza
Councilmember Ward 6
Mayor and Council telephone: 7146476900
Agenda item inquiries: 7146476520
Sonia R. Carvalho
City Attorney
Tom Hatch
Interim City Manager
Jennifer L. Hall
City Clerk
In 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 enable the City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supporting documentation can be found on the City’s website – www.santaana.org/agendasandminutes CITY VISION AND CODE OF ETHICS
The City of Santa Ana is committed to achieving a shared vision for the organization and its community. The Vision, Mission and Guiding Principles (Values) are the result of a thoughtful and inclusive process designed to set the City and organization on a course that meets the challenges of today and tomorrow, as follows:
Vision The dynamic center of Orange County which is acclaimed for our: Investment in youth • Safe and healthy community • Neighborhood pride • Thriving economic climate • Enriched and diverse culture • Quality government services Mission To deliver efficient public services in partnership with our community which ensures public safety, a prosperous economic environment, opportunities for our youth, and a high quality of life for residents.
Guiding Principles Collaboration • Efficiency • Equity • Excellence • Fiscal Responsibility • Innovation • Transparency
Code of Ethics and Conduct At the Special Municipal Election held on February 5, 2008, voters approved an amendment to the City Charter which established the Code of Ethics and Conduct for elected officials and members of appointed boards, commissions, and committees to assure public confidence. The following are the core values expressed: • Integrity • Honesty • Responsibility • Fairness • Accountability • Respect • Efficiency Members of the public may attend the City Council meeting inperson or join via Zoom. As a courtesy to the public, the City Council meeting will occur live via teleconference Zoom webinar. You may view the meeting from your computer, tablet, or smart phone via YouTube LiveStream at www.youtube.com/user/SantaAnaLibrary or on CTV3, available on Spectrum channel 3.
PUBLIC COMMENTS – Members of the public who wish to address the City Council on closed session items, items on the regular agenda, or on matters which are not on the agenda but are within the subject matter jurisdiction of the City Council, may do so by one of the 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 written communications received via mail by 4:00 p.m. on the day of the meeting will be distributed to the City Council and imaged into the City’s document archive system which is available for public review.
SENDING EMAIL OPTION – Public comments may be sent via email to the City Clerk’s office at eComment@santaana.org. Please note the agenda item you are commenting on in the subject line of the email. All emails received two (2) hours before the scheduled start of the meeting will be distributed to the City Council and imaged into the City’s document archive system which is available for public review.
LIVE VIRTUAL OPTION – As a courtesy, members of the public may provide live comments during the meeting by Zoom or Conference Call. To join by Zoom click on or type the following address into your web browser
https://us02web.zoom.us/j/315965149. To join the Conference Call: Dial (669) 900 9128 and enter MEETING ID: 315 965 149#. You will be prompted by the City Clerk when it is time for a: i) closed session item, ii) general agenda item, iii) public hearing item, iv) special agenda item, or v) for Housing Authority item. You may request to speak by dialing *9 from your phone or you may virtually raise your hand from Zoom.
After the Clerk confirms the last three digits of the caller’s phone number or Zoom ID and unmutes them, the caller must press *6 or microphone icon to speak. Callers are encouraged, but not required, to identify themselves by name. Each caller will be provided three (3) minutes to speak, unless due to the number of speakers wanting to speak a decision is made to provide a different amount of time to speak.
INPERSON OPTION Members of the public can provide inperson comments at the podium in the Council Chamber. The Council Chamber will have seating available for members of the public to attend the meeting inperson. Public comments are limited to three (3) minutes per speaker, unless a different time is announced by the presiding chair. Speakers who wish to address the Council must do so by submitting a “Request to Speak” card by 5:00 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 be accepted after the Public Comment Session begins without the permission of the presiding chair.
The following designated public comment periods are:
1. LIVE PUBLIC COMMENTS ON CLOSED SESSION ITEMS – You can provide live comments on closed session items by joining Zoom or the Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will open at 4:30 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL and raise your hand BY 5:00 p.m. Speakers who are not in the speaker queue with their hand raised by 5:00 p.m. will not be permitted to speak.
2. LIVE PUBLIC COMMENTS ON REGULAR AGENDA ITEMS AND NONAGENDA ITEMS (GENERAL PUBLIC COMMENT) – You can provide comments by joining Zoom or the Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will open at 4:30 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL and raise your hand PRIOR TO 5:45 p.m. Speakers who are not in the 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 provide comments by joining Zoom or the Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speakers not in the queue by 5:45 p.m. will not be permitted to speak.
4. LIVE PUBLIC COMMENTS ON HOUSING AUTHORITY ITEMS – You can provide comments by joining Zoom or the Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speakers not in the queue by 5:45 p.m. will not be permitted to speak.
TRANSLATION SERVICES Spanish interpreting services are provided at City Council meetings. Simultaneous Spanish interpretation is provided through the use of headsets and consecutive interpretation (SpanishtoEnglish) in addition to those wishing 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 y la interpretación consecutiva (español a inglés) también está disponible para cualquiera que desee dirigirse al consejo municipal en el podio.
About the Agenda
To download or view the attachments (staff report and other supporting documentation) for each agenda item, you must select the agenda item to see the attachments to either open in a new link (the eyeball
) or download a pdf (the cloud symbol with the down arrow ).
CLOSED SESSION
CALL TO ORDER
ATTENDANCE Council Members Phil Bacerra
Johnathan Ryan Hernandez
David Penaloza
Thai Viet Phan
Benjamin Vazquez
Mayor Pro Tem Jessie Lopez
Mayor Valerie Amezcua
Interim City Manager Tom Hatch
City Attorney Sonia R. Carvalho
City Clerk Jennifer L. Hall
ROLL CALL
ADDITIONS\DELETIONS TO CLOSED SESSION
PUBLIC COMMENTS – Members of the public may address the City Council on Closed Session items.
RECESS – City Council will recess to Closed Session for the purpose of conducting regular City business.
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:
Anthony Gonzalez, et al. v. City of Santa Ana, et al., Orange County Superior Court, Case No. 30202201284596
2. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a):
Agency Negotiator: Ramon Figueroa, Acting Human Resources Executive Director Employe Organization:
Santa Ana Police Officers Association (POA)
RECONVENE – City Council will reconvene to continue regular City business.
CITY COUNCIL REGULAR OPEN SESSION
CALL TO ORDER
ATTENDANCE Council Members Phil Bacerra
Johnathan Ryan Hernandez
David Penaloza
Thai Viet Phan
Benjamin Vazquez
Mayor Pro Tem Jessie Lopez
Mayor Valerie Amezcua
Interim City Manager Tom Hatch
City Attorney Sonia R. Carvalho
City Clerk Jennifer L. Hall
ROLL CALL
PLEDGE OF ALLEGIANCE Mayor Amezcua
WORDS OF INSPIRATION Police Chaplain
ADDITIONS\DELETIONS TO THE AGENDA
CEREMONIAL PRESENTATIONS
1. Certificates of Recognition presented by Mayor Amezcua to The Mater Dei High School Varsity Cheerleading Team for Exceptional Athletic Accomplishments CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed Session.
PUBLIC COMMENTS – Public comments will be held during the beginning of the meeting for ALL comments on agenda and nonagenda items.
CONSENT CALENDAR
RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 2 through 17 and waive reading of all resolutions and ordinances.
2. Excused Absences
Department(s): City Clerk’s Office
Recommended Action: Excuse the absent members.
3. Minutes from the Regular Meeting of May 2, 2023, the Special Meeting of May 11, 2023, and the Special Closed Session and Regular Meeting of May 16, 2023 Department(s): City Clerk’s Office
Recommended Action: Approve minutes.
4. Authorization to Prepare Documents for Proposed Sanitation Fee Adjustment in Compliance with Proposition 218 Requirements (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: Authorize and direct staff to initiate the process for adjusting the Sanitation Fee, as per the Proposition 218 requirements, including, but not limited to, all of the following:
a. Prepare and mail proposed rate adjustment notices to all Santa Ana property owners in compliance with Proposition 218 requirements at a cost not to exceed $100,000;
b. Schedule a public hearing at a future City Council meeting on or after February 6, 2024; and
c. Prepare all other documents to proceed with proposed sanitation fee adjustment.
5. Approve Additional Contingency Funds in the Amount of $3,520,000 for an Existing Construction Contract with ByromDavey, Inc. for the Santa Anita Park Improvements Including New Synthetic Soccer Field and Community Center Renovations with an Estimated Project Delivery Cost of $18,033,011 (Project No. 197527) (NonGeneral Fund) (Revive Santa Ana Program)
Department(s): Public Works Agency
Recommended Action: 1. Approve an amendment to the Project Cost Analysis in the amount of $3,520,000 in additional contingency funds for a total estimated construction delivery cost of $18,033,011, which includes $7,317,701 for the construction contract; $731,770 for contract administration, inspection, and testing; and a $9,983,540 project contingency for unanticipated or unforeseen work, subject to nonsubstantive changes approved by the City Manager and City Attorney.
2. Approve an amendment to the Fiscal Year 202324 Capital Improvement Program to include $3,520,000 in construction funds for Santa Anita Park Improvements and New Synthetic Soccer Field (Project No. 197527).
3. Determine that, in accordance with the California Environmental Quality Act (CEQA), the recommended action is exempt from further review. Categorical Exemption Environmental Review No. ER202177 was filed for the project.
6. Amend the Agreement with Amtech Elevator Services by Increasing the Total Contract Amount Not to Exceed to $1,674,168 for the Remainder of the Contract Term (Specification No. 20068) (General Fund and NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: Amend the agreement with Amtech Elevator Services to provide elevator maintenance and repair services at various City facilities and increase the total not to exceed amount available under the Agreement by an additional $717,168, for a total not to exceed amount of $1,674,168 over the remaining term of the Agreement, including all extension periods, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2023XXX).
7. Amendment to the Fiscal Year 202324 CIP, and Amendment to the Agreement with ELS Architecture and Urban Design to Increase the Contract Amount for the Memorial Park and Aquatics Facility Renovation. (Project No. 221415) (NonGeneral Fund) (Revive Santa Ana Program)
Department(s): Public Works Agency
Recommended Action: 1. Approve an appropriation adjustment to recognize $8,398,266 in revenue received in the current year and from prior years into the Residential Development District 3, Park Acquisition & Development Fees revenue account and appropriate the same amount into the Residential Development District 3, Improvements Other Than Building expenditure account. (Requires five affirmative votes)
2. Approve an appropriation adjustment to recognize $41,829 in revenue received from prior years, the Residential Development District 3, Park Acquisition & Development Fees revenue account and appropriate the same amount into the Residential Development District 3In Lieu, Improvements Other Than Building expenditure account. (Requires five affirmative votes)
3. Approve an amendment to the Fiscal Year 202324 Capital Improvement Program to include $11,298,265 for the Memorial Park and Aquatic Facility Renovation (Project No. 221415) (NonGeneral Fund)
4. Authorize the City Manager to execute the first amendment to the agreement with ELS Architecture and Urban Design to increase the Contract Amount by $1,079,000 for a total amount not to exceed $2,858,170 for the architectural design services for a new Memorial Park and Aquatics Facility Renovation for the remaining term of the agreement, beginning December 5, 2023 through August 14, 2026, including up to two oneyear periods upon a writing executed by the City Manager and City Attorney (Agreement No. 2023XXX).
8. Approve an Agreement with City Net to Provide Street Outreach and Engagement Services for QualityofLife Services, in an Amount Not to Exceed $3,841,845.51, Beginning January 1, 2024 Through December 31, 2024 (NonGeneral Fund) Department(s): Community Development Agency
Recommended Action:
1. Authorize the City Manager to execute an agreement with Kingdom Causes, Inc.
DBA City Net in an amount not to exceed $3,841,845.51 for the Santa Ana Multidisciplinary Street Outreach and Engagement (SMART) Program that responds to reports for qualityoflife services from January 1, 2024 through December 31, 2024, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2023XXX).
2. Authorize the City Manager to execute agreements required by state or federal agencies for the use of Homeless Housing, Assistance and Prevention (HHAP) funding, or for any additional funding that may become available.
9. Approve an Agreement with Iron Mountain Information Management, LLC for Document Storage for the Housing Authority, Community Development Agency and Finance & Management Services Agency
Department(s): Community Development Agency
Recommended Action: Authorize the Interim City Manager to execute an agreement with Iron Mountain Information Management, LLC to provide offsite document storage of Community Development Agency and Finance & Management Services records in an amount not to exceed $142,700, for a threeyear term beginning January 1, 2024 and expiring December 31, 2026 with an option of two oneyear extensions, subject to nonsubstantive changes approved by the City Manager and City Attorney (Contingent upon approval of Housing Authority Item # 3) (Agreement No. 2023XXX).
10. Approve a First Amendment to the Memorandum of Understanding between the City of Santa Ana and the Confidential Association of Santa Ana Department(s): Human Resources
Recommended Action: Authorize the Interim City Manager to execute a First 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, modifying and delineating specific articles of the MOU subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2023XXX).
11. A Resolution Authorizing Application to the California State Department of Housing and Community Development for the Prohousing Designation Program Department(s): Planning and Building Agency
Recommended Action: Adopt a Resolution authorizing the application to the California State Department of Housing and Community Development Prohousing Designation Program.
RESOLUTION NO. 2023XXXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE APPLICATION TO AND PARTICIPATION IN THE PROHOUSING DESIGNATION PROGRAM
12. Second OneYear Extension of Site Plan Review No. 202003 and Variance No. 202006 for the 4th and Mortimer MixedUse Development Project Located at 409 and 509 East Fourth Street
Department(s): Planning and Building Agency
Recommended Action:
1. Adopt a resolution approving a oneyear extension of Site Plan Review No. 202003 and Variance No. 202006 to December 15, 2024.
RESOLUTION NO. 2023XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING A SECOND ONE YEAR EXTENSION OF SITE PLAN REVIEW 202003 AND VARIANCE NO. 202006 FOR THE 4TH AND MORTIMER MIXEDUSE DEVELOPMENT TO BE LOCATED AT 409 AND 509 EAST FOURTH STREET
2. Determine that in accordance with 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.
13. Resolution Authorizing a Grant Application Submission for the Bureau of Reclamation WaterSMART Drought Response Program for the Pressure Reducing Station No. 2 Relocation and Emergency Booster Pump Station Project (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: Adopt a Resolution authorizing the Executive Director of the Public Works Agency to submit a grant application to the U.S. Department of the Interior, Bureau of Reclamation’s Sustain and Manage America’s Resources for Tomorrow Drought Response Program Grant for the Pressure Reducing Station No. 2 Relocation and Emergency Booster Pump Station Project, in an amount not to exceed $1,801,250.
RESOLUTION NO. 2023XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING AN APPLICATION FOR GRANT FUNDING BY THE BUREAU OF RECLAMATION’S WATERSMART DROUGHT RESPONSE PROGRAM GRANT PROGRAM FOR THE PRESSURE REDUCING STATION NO. 2 RELOCATION AND EMERGENCY BOOSTER STATION PROJECT
14. Resolutions Authorizing the Executive Director of the Public Works Agency to Execute Grant Agreements with the California Department of Transportation for the Santa Ana Regional Transportation Center Beautification Projects
Department(s): Public Works Agency
Recommended Action: 1. Adopt a resolution authorizing the Executive Director of the Public Works Agency to execute a grant agreement with the California Department of Transportation for the Santa Ana Regional Transportation Center Painting and Wrought Iron Fencing Project.
RESOLUTION NO. 2023XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE EXECUTIVE DIRECTOR OF THE PUBLIC WORKS AGENCY TO EXECUTE AGREEMENTS WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR THE SANTA ANA REGIONAL TRANSPORTATION CENTER PAINTING AND WROUGHT IRON FENCING
PROJECT
2. Adopt a resolution authorizing the Executive Director of the Public Works Agency to execute a grant agreement with the California Department of Transportation for the Santa Ana Regional Transportation Center Outdoor Water Fountain Renovation Project.
RESOLUTION NO. 2023XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE EXECUTIVE DIRECTOR OF THE PUBLIC WORKS AGENCY TO EXECUTE AGREEMENTS WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR THE SANTA ANA REGIONAL TRANSPORTATION CENTER OUTDOOR WATER FOUNTAIN RENOVATION
PROJECT
15. Resolution Declaring the Results of the November 14, 2023 Special Municipal Recall Election
Department(s): City Clerk’s Office
Recommended Action: Adopt a Resolution declaring the results of the Special Recall Election held in Ward 3 of the City of Santa Ana on November 14, 2023.
RESOLUTION NO. 2023XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA RECITING THE FACT OF THE SPECIAL MUNICIPAL RECALL ELECTION HELD ON TUESDAY, NOVEMBER 14, 2023, DECLARING THE RESULT, AND SUCH OTHER MATTERS AS MAY BE PROVIDED BY LAW (staff report and related documents uploaded, 11/29/23, 6:00P.M.)
16. Second Reading of Ordinance Amending Section 2325 of the Santa Ana Municipal Code to Provide That Compensation for City Boards and Commissions Shall be Set by Resolution of the City Council; Resolution Amending Resolution No. 2019034 and Setting Compensation for all City Boards and Commissions First reading at the November 21, 2023 City Council meeting and approved by a unanimous vote.
Published in the Orange County Reporter on November 27, 2023.
Department(s): City Manager’s Office
Recommended Action:
1. Adopt an ordinance amending Section 2325 of the Santa Ana Municipal Code to provide that compensation for City boards and commissions shall be set by resolution of the City Council.
ORDINANCE NO. NS3053 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SECTION 2325 OF THE SANTA ANA MUNICIPAL CODE TO PROVIDE THAT COMPENSATION FOR CITY BOARDS AND COMMISSIONS SHALL BE SET BY RESOLUTION OF THE CITY COUNCIL
2. Adopt a resolution amending Resolution No. 2019034 and setting the compensation for all City boards and commissions.
RESOLUTION NO. 2023XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING RESOLUTION NO. 2019034 AND SETTING COMPENSATION FOR ALL CITY BOARDS AND
COMMISSIONS
17. Second Reading of Ordinance Approving Amendment Application No. 202301 to Change the Zoning District Designation of the Public Park Located at 1117 S.
Standard Avenue from MultipleFamily Residence (R3) to Open Space Land (O) for Consistency with the General Plan Land Use Designation of Open Space First reading at the November 21, 2023 City Council meeting and approved by a unanimous vote.
Published in the Orange County Reporter on November 27, 2023.
Department(s): Planning and Building Agency
Recommended Action: 1. Conduct a second reading and adopt an ordinance approving Amendment Application No. 202301 for Standard and McFadden Public Park located at 1117 S. Standard Avenue;
ORDINANCE NO. NS3054 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 202301 REZONING THE PROPERTIES LOCATED 1113, 1117, 1121, AND 1125 SOUTH STANDARD AVENUE AND RECOGNIZED AS ASSESSOR PARCEL NUMBERS 01125117, 01125118, 01125119, 01125120, 01125138 AND 01125139 (from MultiFamily Residence (R3) to Open Space Land (O)); read by title only and waive further reading.
2. Determine that in accordance with the California Environmental Quality Act (CEQA) and Section 15162 of the CEQA Guidelines, the project is within the scope of the 2022 Santa Ana General Plan Environmental Impact Report (EIR) (SCH No. 2020029087). Furthermore, these actions are categorically exempt from further review per Section 15304 (Class 4 – Minor Alterations of Land) of the CEQA Guidelines. Class 4 consists of minor public or private alterations in the condition of land, water, and/or vegetation which do not involve removal of healthy, mature, scenic trees except for forestry and agricultural purposes. As such, a Notice of Determination, Environmental Review No. 202078, will be filed for this project. **END OF CONSENT CALENDAR**
BUSINESS CALENDAR
18. Fee Deferral Agreement for the Central Pointe MixedUse Development Located at 1801 E. Fourth Street
Department(s): Planning and Building Agency
Recommended Action: Based on the discussion in this staff report, it is recommended that the City Council take one of the following two actions:
1. Deny a request by the applicant to execute a fee deferral agreement for the Central Pointe mixeduse development located at 1801 E. Fourth Street, OR
2. Authorize the City Manager to execute a fee deferral agreement for the Central Pointe mixeduse development located at 1801 E. Fourth Street (Agreement No. 2023XXX).
**END OF BUSINESS CALENDAR**
COUNCILMEMBER REQUESTED ITEMS
19. Discuss and Consider Directing the Interim City Manager to Prepare a Resolution for City Council’s Consideration to Call in Support of a Ceasefire in Gaza – Councilmembers Vazquez and Hernandez
CITY MANAGER COMMENTS
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.
ADJOURNMENT – Adjourn the City Council meeting and convene to the Housing Authority meeting.
Future Items
1. FY202425 Budget Calendar
2. Enterprise Vehicle Lease Agreement
3. Selection of Mayor Pro Tem for 2024
POSTING STATEMENT: On November 28, 2023, a true and correct copy of this agenda was posted at the entrance to City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. Internet Access to City Council, Agency, and Authority agendas and related material is available prior to meetings at santaana.org/agendasandminutes
HOUSING AUTHORITY
CALL TO ORDER
ATTENDANCE Authority Members Phil Bacerra
Johnathan Ryan Hernandez
David Penaloza
Thai Viet Phan
Benjamin Vazquez
Vice Chair Jessie Lopez
Chair Valerie Amezcua
Interim City Manager Tom Hatch
City Attorney Sonia R. Carvalho
Recording Secretary Jennifer L. Hall
ROLL CALL
ADDITIONS\DELETIONS TO THE HOUSING AUTHORITY AGENDA
PUBLIC COMMENTS – Members of the public may address Housing Authority on items on the Housing Authority agenda.
CONSENT CALENDAR
RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 1 and 3 and waive readings for resolutions and ordinances.
1. Excused Absences
Department(s): City Clerk’s Office
Recommended Action: Excuse the absent members.
2. Minutes of the Special Meeting of May 16, 2023 and the Regular Meeting of November 7, 2023
Department(s): City Clerk’s Office
Recommended Action: Approve minutes.
3. Approve an Agreement with Iron Mountain Information Management, LLC for Document Storage for the Housing Authority, Community Development Agency and Finance & Management Services Agency(General Fund and NonGeneral Fund) Department(s): Community Development Agency
Recommended Action: Authorize the Executive Director of the Housing Authority to execute an agreement with Iron Mountain Information Management, LLC to provide offsite document storage of Housing Authority records in an amount not to exceed $142,700, for a threeyear term beginning January 1, 2024 and expiring December 31, 2026 with an option of two oneyear extensions, subject to nonsubstantive changes approved by the Executive Director and the Housing Authority General Counsel (Contingent upon approval of City Council Item # 9) (Agreement No. 2023XXX). **END OF CONSENT CALENDAR**
HOUSING AUTHORITY MEMBER COMMENTS
ADJOURNMENT – Adjourn the Housing Authority meeting.
POSTING STATEMENT: On November 28, 2023, a true and correct copy of this agenda was posted at the entrance to City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. Internet Access to City Council, Agency, and Authority agendas and related material is available prior to meetings at santaana.org/citymeetings.
12/5/2023
City Council and Housing Authority
Meeting Agenda
December 5, 2023
CLOSED SESSION MEETING – 5:00 PM
REGULAR OPEN MEETING – 5:30 PM
(Immediately following the Closed Session Meeting)
CITY COUNCIL CHAMBER
22 Civic Center Plaza Santa Ana, CA 92701
Valerie Amezcua
Mayor
Thai Viet Phan
Councilmember – Ward 1
Benjamin Vazquez
Councilmember Ward 2
Jessie Lopez
Mayor Pro Tem Ward 3
Phil Bacerra
Councilmember Ward 4
Johnathan Ryan Hernandez
Councilmember Ward 5
David Penaloza
Councilmember Ward 6
Mayor and Council telephone: 7146476900
Agenda item inquiries: 7146476520
Sonia R. Carvalho
City Attorney
Tom Hatch
Interim City Manager
Jennifer L. Hall
City Clerk
In 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 enable the City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supporting documentation can be found on the City’s website – www.santaana.org/agendasandminutes CITY VISION AND CODE OF ETHICS
The City of Santa Ana is committed to achieving a shared vision for the organization and its community. The Vision, Mission and Guiding Principles (Values) are the result of a thoughtful and inclusive process designed to set the City and organization on a course that meets the challenges of today and tomorrow, as follows:
Vision The dynamic center of Orange County which is acclaimed for our: Investment in youth • Safe and healthy community • Neighborhood pride • Thriving economic climate • Enriched and diverse culture • Quality government services Mission To deliver efficient public services in partnership with our community which ensures public safety, a prosperous economic environment, opportunities for our youth, and a high quality of life for residents.
Guiding Principles Collaboration • Efficiency • Equity • Excellence • Fiscal Responsibility • Innovation • Transparency
Code of Ethics and Conduct At the Special Municipal Election held on February 5, 2008, voters approved an amendment to the City Charter which established the Code of Ethics and Conduct for elected officials and members of appointed boards, commissions, and committees to assure public confidence. The following are the core values expressed: • Integrity • Honesty • Responsibility • Fairness • Accountability • Respect • Efficiency Members of the public may attend the City Council meeting inperson or join via Zoom. As a courtesy to the public, the City Council meeting will occur live via teleconference Zoom webinar. You may view the meeting from your computer, tablet, or smart phone via YouTube LiveStream at www.youtube.com/user/SantaAnaLibrary or on CTV3, available on Spectrum channel 3.
PUBLIC COMMENTS – Members of the public who wish to address the City Council on closed session items, items on the regular agenda, or on matters which are not on the agenda but are within the subject matter jurisdiction of the City Council, may do so by one of the 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 written communications received via mail by 4:00 p.m. on the day of the meeting will be distributed to the City Council and imaged into the City’s document archive system which is available for public review.
SENDING EMAIL OPTION – Public comments may be sent via email to the City Clerk’s office at eComment@santaana.org. Please note the agenda item you are commenting on in the subject line of the email. All emails received two (2) hours before the scheduled start of the meeting will be distributed to the City Council and imaged into the City’s document archive system which is available for public review.
LIVE VIRTUAL OPTION – As a courtesy, members of the public may provide live comments during the meeting by Zoom or Conference Call. To join by Zoom click on or type the following address into your web browser
https://us02web.zoom.us/j/315965149. To join the Conference Call: Dial (669) 900 9128 and enter MEETING ID: 315 965 149#. You will be prompted by the City Clerk when it is time for a: i) closed session item, ii) general agenda item, iii) public hearing item, iv) special agenda item, or v) for Housing Authority item. You may request to speak by dialing *9 from your phone or you may virtually raise your hand from Zoom.
After the Clerk confirms the last three digits of the caller’s phone number or Zoom ID and unmutes them, the caller must press *6 or microphone icon to speak. Callers are encouraged, but not required, to identify themselves by name. Each caller will be provided three (3) minutes to speak, unless due to the number of speakers wanting to speak a decision is made to provide a different amount of time to speak.
INPERSON OPTION Members of the public can provide inperson comments at the podium in the Council Chamber. The Council Chamber will have seating available for members of the public to attend the meeting inperson. Public comments are limited to three (3) minutes per speaker, unless a different time is announced by the presiding chair. Speakers who wish to address the Council must do so by submitting a “Request to Speak” card by 5:00 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 be accepted after the Public Comment Session begins without the permission of the presiding chair.
The following designated public comment periods are:
1. LIVE PUBLIC COMMENTS ON CLOSED SESSION ITEMS – You can provide live comments on closed session items by joining Zoom or the Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will open at 4:30 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL and raise your hand BY 5:00 p.m. Speakers who are not in the speaker queue with their hand raised by 5:00 p.m. will not be permitted to speak.
2. LIVE PUBLIC COMMENTS ON REGULAR AGENDA ITEMS AND NONAGENDA ITEMS (GENERAL PUBLIC COMMENT) – You can provide comments by joining Zoom or the Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will open at 4:30 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL and raise your hand PRIOR TO 5:45 p.m. Speakers who are not in the 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 provide comments by joining Zoom or the Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speakers not in the queue by 5:45 p.m. will not be permitted to speak.
4. LIVE PUBLIC COMMENTS ON HOUSING AUTHORITY ITEMS – You can provide comments by joining Zoom or the Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speakers not in the queue by 5:45 p.m. will not be permitted to speak.
TRANSLATION SERVICES Spanish interpreting services are provided at City Council meetings. Simultaneous Spanish interpretation is provided through the use of headsets and consecutive interpretation (SpanishtoEnglish) in addition to those wishing 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 y la interpretación consecutiva (español a inglés) también está disponible para cualquiera que desee dirigirse al consejo municipal en el podio.
About the Agenda
To download or view the attachments (staff report and other supporting documentation) for each agenda item, you must select the agenda item to see the attachments to either open in a new link (the eyeball
) or download a pdf (the cloud symbol with the down arrow ).
CLOSED SESSION
CALL TO ORDER
ATTENDANCE Council Members Phil Bacerra
Johnathan Ryan Hernandez
David Penaloza
Thai Viet Phan
Benjamin Vazquez
Mayor Pro Tem Jessie Lopez
Mayor Valerie Amezcua
Interim City Manager Tom Hatch
City Attorney Sonia R. Carvalho
City Clerk Jennifer L. Hall
ROLL CALL
ADDITIONS\DELETIONS TO CLOSED SESSION
PUBLIC COMMENTS – Members of the public may address the City Council on Closed Session items.
RECESS – City Council will recess to Closed Session for the purpose of conducting regular City business.
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:
Anthony Gonzalez, et al. v. City of Santa Ana, et al., Orange County Superior Court, Case No. 30202201284596
2. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a):
Agency Negotiator: Ramon Figueroa, Acting Human Resources Executive Director Employe Organization:
Santa Ana Police Officers Association (POA)
RECONVENE – City Council will reconvene to continue regular City business.
CITY COUNCIL REGULAR OPEN SESSION
CALL TO ORDER
ATTENDANCE Council Members Phil Bacerra
Johnathan Ryan Hernandez
David Penaloza
Thai Viet Phan
Benjamin Vazquez
Mayor Pro Tem Jessie Lopez
Mayor Valerie Amezcua
Interim City Manager Tom Hatch
City Attorney Sonia R. Carvalho
City Clerk Jennifer L. Hall
ROLL CALL
PLEDGE OF ALLEGIANCE Mayor Amezcua
WORDS OF INSPIRATION Police Chaplain
ADDITIONS\DELETIONS TO THE AGENDA
CEREMONIAL PRESENTATIONS
1. Certificates of Recognition presented by Mayor Amezcua to The Mater Dei High School Varsity Cheerleading Team for Exceptional Athletic Accomplishments CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed Session.
PUBLIC COMMENTS – Public comments will be held during the beginning of the meeting for ALL comments on agenda and nonagenda items.
CONSENT CALENDAR
RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 2 through 17 and waive reading of all resolutions and ordinances.
2. Excused Absences
Department(s): City Clerk’s Office
Recommended Action: Excuse the absent members.
3. Minutes from the Regular Meeting of May 2, 2023, the Special Meeting of May 11, 2023, and the Special Closed Session and Regular Meeting of May 16, 2023 Department(s): City Clerk’s Office
Recommended Action: Approve minutes.
4. Authorization to Prepare Documents for Proposed Sanitation Fee Adjustment in Compliance with Proposition 218 Requirements (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: Authorize and direct staff to initiate the process for adjusting the Sanitation Fee, as per the Proposition 218 requirements, including, but not limited to, all of the following:
a. Prepare and mail proposed rate adjustment notices to all Santa Ana property owners in compliance with Proposition 218 requirements at a cost not to exceed $100,000;
b. Schedule a public hearing at a future City Council meeting on or after February 6, 2024; and
c. Prepare all other documents to proceed with proposed sanitation fee adjustment.
5. Approve Additional Contingency Funds in the Amount of $3,520,000 for an Existing Construction Contract with ByromDavey, Inc. for the Santa Anita Park Improvements Including New Synthetic Soccer Field and Community Center Renovations with an Estimated Project Delivery Cost of $18,033,011 (Project No. 197527) (NonGeneral Fund) (Revive Santa Ana Program)
Department(s): Public Works Agency
Recommended Action: 1. Approve an amendment to the Project Cost Analysis in the amount of $3,520,000 in additional contingency funds for a total estimated construction delivery cost of $18,033,011, which includes $7,317,701 for the construction contract; $731,770 for contract administration, inspection, and testing; and a $9,983,540 project contingency for unanticipated or unforeseen work, subject to nonsubstantive changes approved by the City Manager and City Attorney.
2. Approve an amendment to the Fiscal Year 202324 Capital Improvement Program to include $3,520,000 in construction funds for Santa Anita Park Improvements and New Synthetic Soccer Field (Project No. 197527).
3. Determine that, in accordance with the California Environmental Quality Act (CEQA), the recommended action is exempt from further review. Categorical Exemption Environmental Review No. ER202177 was filed for the project.
6. Amend the Agreement with Amtech Elevator Services by Increasing the Total Contract Amount Not to Exceed to $1,674,168 for the Remainder of the Contract Term (Specification No. 20068) (General Fund and NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: Amend the agreement with Amtech Elevator Services to provide elevator maintenance and repair services at various City facilities and increase the total not to exceed amount available under the Agreement by an additional $717,168, for a total not to exceed amount of $1,674,168 over the remaining term of the Agreement, including all extension periods, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2023XXX).
7. Amendment to the Fiscal Year 202324 CIP, and Amendment to the Agreement with ELS Architecture and Urban Design to Increase the Contract Amount for the Memorial Park and Aquatics Facility Renovation. (Project No. 221415) (NonGeneral Fund) (Revive Santa Ana Program)
Department(s): Public Works Agency
Recommended Action: 1. Approve an appropriation adjustment to recognize $8,398,266 in revenue received in the current year and from prior years into the Residential Development District 3, Park Acquisition & Development Fees revenue account and appropriate the same amount into the Residential Development District 3, Improvements Other Than Building expenditure account. (Requires five affirmative votes)
2. Approve an appropriation adjustment to recognize $41,829 in revenue received from prior years, the Residential Development District 3, Park Acquisition & Development Fees revenue account and appropriate the same amount into the Residential Development District 3In Lieu, Improvements Other Than Building expenditure account. (Requires five affirmative votes)
3. Approve an amendment to the Fiscal Year 202324 Capital Improvement Program to include $11,298,265 for the Memorial Park and Aquatic Facility Renovation (Project No. 221415) (NonGeneral Fund)
4. Authorize the City Manager to execute the first amendment to the agreement with ELS Architecture and Urban Design to increase the Contract Amount by $1,079,000 for a total amount not to exceed $2,858,170 for the architectural design services for a new Memorial Park and Aquatics Facility Renovation for the remaining term of the agreement, beginning December 5, 2023 through August 14, 2026, including up to two oneyear periods upon a writing executed by the City Manager and City Attorney (Agreement No. 2023XXX).
8. Approve an Agreement with City Net to Provide Street Outreach and Engagement Services for QualityofLife Services, in an Amount Not to Exceed $3,841,845.51, Beginning January 1, 2024 Through December 31, 2024 (NonGeneral Fund) Department(s): Community Development Agency
Recommended Action:
1. Authorize the City Manager to execute an agreement with Kingdom Causes, Inc.
DBA City Net in an amount not to exceed $3,841,845.51 for the Santa Ana Multidisciplinary Street Outreach and Engagement (SMART) Program that responds to reports for qualityoflife services from January 1, 2024 through December 31, 2024, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2023XXX).
2. Authorize the City Manager to execute agreements required by state or federal agencies for the use of Homeless Housing, Assistance and Prevention (HHAP) funding, or for any additional funding that may become available.
9. Approve an Agreement with Iron Mountain Information Management, LLC for Document Storage for the Housing Authority, Community Development Agency and Finance & Management Services Agency
Department(s): Community Development Agency
Recommended Action: Authorize the Interim City Manager to execute an agreement with Iron Mountain Information Management, LLC to provide offsite document storage of Community Development Agency and Finance & Management Services records in an amount not to exceed $142,700, for a threeyear term beginning January 1, 2024 and expiring December 31, 2026 with an option of two oneyear extensions, subject to nonsubstantive changes approved by the City Manager and City Attorney (Contingent upon approval of Housing Authority Item # 3) (Agreement No. 2023XXX).
10. Approve a First Amendment to the Memorandum of Understanding between the City of Santa Ana and the Confidential Association of Santa Ana Department(s): Human Resources
Recommended Action: Authorize the Interim City Manager to execute a First 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, modifying and delineating specific articles of the MOU subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2023XXX).
11. A Resolution Authorizing Application to the California State Department of Housing and Community Development for the Prohousing Designation Program Department(s): Planning and Building Agency
Recommended Action: Adopt a Resolution authorizing the application to the California State Department of Housing and Community Development Prohousing Designation Program.
RESOLUTION NO. 2023XXXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE APPLICATION TO AND PARTICIPATION IN THE PROHOUSING DESIGNATION PROGRAM
12. Second OneYear Extension of Site Plan Review No. 202003 and Variance No. 202006 for the 4th and Mortimer MixedUse Development Project Located at 409 and 509 East Fourth Street
Department(s): Planning and Building Agency
Recommended Action:
1. Adopt a resolution approving a oneyear extension of Site Plan Review No. 202003 and Variance No. 202006 to December 15, 2024.
RESOLUTION NO. 2023XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING A SECOND ONE YEAR EXTENSION OF SITE PLAN REVIEW 202003 AND VARIANCE NO. 202006 FOR THE 4TH AND MORTIMER MIXEDUSE DEVELOPMENT TO BE LOCATED AT 409 AND 509 EAST FOURTH STREET
2. Determine that in accordance with 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.
13. Resolution Authorizing a Grant Application Submission for the Bureau of Reclamation WaterSMART Drought Response Program for the Pressure Reducing Station No. 2 Relocation and Emergency Booster Pump Station Project (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: Adopt a Resolution authorizing the Executive Director of the Public Works Agency to submit a grant application to the U.S. Department of the Interior, Bureau of Reclamation’s Sustain and Manage America’s Resources for Tomorrow Drought Response Program Grant for the Pressure Reducing Station No. 2 Relocation and Emergency Booster Pump Station Project, in an amount not to exceed $1,801,250.
RESOLUTION NO. 2023XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING AN APPLICATION FOR GRANT FUNDING BY THE BUREAU OF RECLAMATION’S WATERSMART DROUGHT RESPONSE PROGRAM GRANT PROGRAM FOR THE PRESSURE REDUCING STATION NO. 2 RELOCATION AND EMERGENCY BOOSTER STATION PROJECT
14. Resolutions Authorizing the Executive Director of the Public Works Agency to Execute Grant Agreements with the California Department of Transportation for the Santa Ana Regional Transportation Center Beautification Projects
Department(s): Public Works Agency
Recommended Action: 1. Adopt a resolution authorizing the Executive Director of the Public Works Agency to execute a grant agreement with the California Department of Transportation for the Santa Ana Regional Transportation Center Painting and Wrought Iron Fencing Project.
RESOLUTION NO. 2023XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE EXECUTIVE DIRECTOR OF THE PUBLIC WORKS AGENCY TO EXECUTE AGREEMENTS WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR THE SANTA ANA REGIONAL TRANSPORTATION CENTER PAINTING AND WROUGHT IRON FENCING
PROJECT
2. Adopt a resolution authorizing the Executive Director of the Public Works Agency to execute a grant agreement with the California Department of Transportation for the Santa Ana Regional Transportation Center Outdoor Water Fountain Renovation Project.
RESOLUTION NO. 2023XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE EXECUTIVE DIRECTOR OF THE PUBLIC WORKS AGENCY TO EXECUTE AGREEMENTS WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR THE SANTA ANA REGIONAL TRANSPORTATION CENTER OUTDOOR WATER FOUNTAIN RENOVATION
PROJECT
15. Resolution Declaring the Results of the November 14, 2023 Special Municipal Recall Election
Department(s): City Clerk’s Office
Recommended Action: Adopt a Resolution declaring the results of the Special Recall Election held in Ward 3 of the City of Santa Ana on November 14, 2023.
RESOLUTION NO. 2023XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA RECITING THE FACT OF THE SPECIAL MUNICIPAL RECALL ELECTION HELD ON TUESDAY, NOVEMBER 14, 2023, DECLARING THE RESULT, AND SUCH OTHER MATTERS AS MAY BE PROVIDED BY LAW (staff report and related documents uploaded, 11/29/23, 6:00P.M.)
16. Second Reading of Ordinance Amending Section 2325 of the Santa Ana Municipal Code to Provide That Compensation for City Boards and Commissions Shall be Set by Resolution of the City Council; Resolution Amending Resolution No. 2019034 and Setting Compensation for all City Boards and Commissions First reading at the November 21, 2023 City Council meeting and approved by a unanimous vote.
Published in the Orange County Reporter on November 27, 2023.
Department(s): City Manager’s Office
Recommended Action:
1. Adopt an ordinance amending Section 2325 of the Santa Ana Municipal Code to provide that compensation for City boards and commissions shall be set by resolution of the City Council.
ORDINANCE NO. NS3053 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SECTION 2325 OF THE SANTA ANA MUNICIPAL CODE TO PROVIDE THAT COMPENSATION FOR CITY BOARDS AND COMMISSIONS SHALL BE SET BY RESOLUTION OF THE CITY COUNCIL
2. Adopt a resolution amending Resolution No. 2019034 and setting the compensation for all City boards and commissions.
RESOLUTION NO. 2023XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING RESOLUTION NO. 2019034 AND SETTING COMPENSATION FOR ALL CITY BOARDS AND
COMMISSIONS
17. Second Reading of Ordinance Approving Amendment Application No. 202301 to Change the Zoning District Designation of the Public Park Located at 1117 S.
Standard Avenue from MultipleFamily Residence (R3) to Open Space Land (O) for Consistency with the General Plan Land Use Designation of Open Space First reading at the November 21, 2023 City Council meeting and approved by a unanimous vote.
Published in the Orange County Reporter on November 27, 2023.
Department(s): Planning and Building Agency
Recommended Action: 1. Conduct a second reading and adopt an ordinance approving Amendment Application No. 202301 for Standard and McFadden Public Park located at 1117 S. Standard Avenue;
ORDINANCE NO. NS3054 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 202301 REZONING THE PROPERTIES LOCATED 1113, 1117, 1121, AND 1125 SOUTH STANDARD AVENUE AND RECOGNIZED AS ASSESSOR PARCEL NUMBERS 01125117, 01125118, 01125119, 01125120, 01125138 AND 01125139 (from MultiFamily Residence (R3) to Open Space Land (O)); read by title only and waive further reading.
2. Determine that in accordance with the California Environmental Quality Act (CEQA) and Section 15162 of the CEQA Guidelines, the project is within the scope of the 2022 Santa Ana General Plan Environmental Impact Report (EIR) (SCH No. 2020029087). Furthermore, these actions are categorically exempt from further review per Section 15304 (Class 4 – Minor Alterations of Land) of the CEQA Guidelines. Class 4 consists of minor public or private alterations in the condition of land, water, and/or vegetation which do not involve removal of healthy, mature, scenic trees except for forestry and agricultural purposes. As such, a Notice of Determination, Environmental Review No. 202078, will be filed for this project. **END OF CONSENT CALENDAR**
BUSINESS CALENDAR
18. Fee Deferral Agreement for the Central Pointe MixedUse Development Located at 1801 E. Fourth Street
Department(s): Planning and Building Agency
Recommended Action: Based on the discussion in this staff report, it is recommended that the City Council take one of the following two actions:
1. Deny a request by the applicant to execute a fee deferral agreement for the Central Pointe mixeduse development located at 1801 E. Fourth Street, OR
2. Authorize the City Manager to execute a fee deferral agreement for the Central Pointe mixeduse development located at 1801 E. Fourth Street (Agreement No. 2023XXX).
**END OF BUSINESS CALENDAR**
COUNCILMEMBER REQUESTED ITEMS
19. Discuss and Consider Directing the Interim City Manager to Prepare a Resolution for City Council’s Consideration to Call in Support of a Ceasefire in Gaza – Councilmembers Vazquez and Hernandez
CITY MANAGER COMMENTS
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.
ADJOURNMENT – Adjourn the City Council meeting and convene to the Housing Authority meeting.
Future Items
1. FY202425 Budget Calendar
2. Enterprise Vehicle Lease Agreement
3. Selection of Mayor Pro Tem for 2024
POSTING STATEMENT: On November 28, 2023, a true and correct copy of this agenda was posted at the entrance to City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. Internet Access to City Council, Agency, and Authority agendas and related material is available prior to meetings at santaana.org/agendasandminutes
HOUSING AUTHORITY
CALL TO ORDER
ATTENDANCE Authority Members Phil Bacerra
Johnathan Ryan Hernandez
David Penaloza
Thai Viet Phan
Benjamin Vazquez
Vice Chair Jessie Lopez
Chair Valerie Amezcua
Interim City Manager Tom Hatch
City Attorney Sonia R. Carvalho
Recording Secretary Jennifer L. Hall
ROLL CALL
ADDITIONS\DELETIONS TO THE HOUSING AUTHORITY AGENDA
PUBLIC COMMENTS – Members of the public may address Housing Authority on items on the Housing Authority agenda.
CONSENT CALENDAR
RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 1 and 3 and waive readings for resolutions and ordinances.
1. Excused Absences
Department(s): City Clerk’s Office
Recommended Action: Excuse the absent members.
2. Minutes of the Special Meeting of May 16, 2023 and the Regular Meeting of November 7, 2023
Department(s): City Clerk’s Office
Recommended Action: Approve minutes.
3. Approve an Agreement with Iron Mountain Information Management, LLC for Document Storage for the Housing Authority, Community Development Agency and Finance & Management Services Agency(General Fund and NonGeneral Fund) Department(s): Community Development Agency
Recommended Action: Authorize the Executive Director of the Housing Authority to execute an agreement with Iron Mountain Information Management, LLC to provide offsite document storage of Housing Authority records in an amount not to exceed $142,700, for a threeyear term beginning January 1, 2024 and expiring December 31, 2026 with an option of two oneyear extensions, subject to nonsubstantive changes approved by the Executive Director and the Housing Authority General Counsel (Contingent upon approval of City Council Item # 9) (Agreement No. 2023XXX). **END OF CONSENT CALENDAR**
HOUSING AUTHORITY MEMBER COMMENTS
ADJOURNMENT – Adjourn the Housing Authority meeting.
POSTING STATEMENT: On November 28, 2023, a true and correct copy of this agenda was posted at the entrance to City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. Internet Access to City Council, Agency, and Authority agendas and related material is available prior to meetings at santaana.org/citymeetings.
12/5/2023
City Council and Housing Authority
Meeting Agenda
December 5, 2023
CLOSED SESSION MEETING – 5:00 PM
REGULAR OPEN MEETING – 5:30 PM
(Immediately following the Closed Session Meeting)
CITY COUNCIL CHAMBER
22 Civic Center Plaza Santa Ana, CA 92701
Valerie Amezcua
Mayor
Thai Viet Phan
Councilmember – Ward 1
Benjamin Vazquez
Councilmember Ward 2
Jessie Lopez
Mayor Pro Tem Ward 3
Phil Bacerra
Councilmember Ward 4
Johnathan Ryan Hernandez
Councilmember Ward 5
David Penaloza
Councilmember Ward 6
Mayor and Council telephone: 7146476900
Agenda item inquiries: 7146476520
Sonia R. Carvalho
City Attorney
Tom Hatch
Interim City Manager
Jennifer L. Hall
City Clerk
In 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 enable the City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supporting documentation can be found on the City’s website – www.santaana.org/agendasandminutes CITY VISION AND CODE OF ETHICS
The City of Santa Ana is committed to achieving a shared vision for the organization and its community. The Vision, Mission and Guiding Principles (Values) are the result of a thoughtful and inclusive process designed to set the City and organization on a course that meets the challenges of today and tomorrow, as follows:
Vision The dynamic center of Orange County which is acclaimed for our: Investment in youth • Safe and healthy community • Neighborhood pride • Thriving economic climate • Enriched and diverse culture • Quality government services Mission To deliver efficient public services in partnership with our community which ensures public safety, a prosperous economic environment, opportunities for our youth, and a high quality of life for residents.
Guiding Principles Collaboration • Efficiency • Equity • Excellence • Fiscal Responsibility • Innovation • Transparency
Code of Ethics and Conduct At the Special Municipal Election held on February 5, 2008, voters approved an amendment to the City Charter which established the Code of Ethics and Conduct for elected officials and members of appointed boards, commissions, and committees to assure public confidence. The following are the core values expressed: • Integrity • Honesty • Responsibility • Fairness • Accountability • Respect • Efficiency Members of the public may attend the City Council meeting inperson or join via Zoom. As a courtesy to the public, the City Council meeting will occur live via teleconference Zoom webinar. You may view the meeting from your computer, tablet, or smart phone via YouTube LiveStream at www.youtube.com/user/SantaAnaLibrary or on CTV3, available on Spectrum channel 3.
PUBLIC COMMENTS – Members of the public who wish to address the City Council on closed session items, items on the regular agenda, or on matters which are not on the agenda but are within the subject matter jurisdiction of the City Council, may do so by one of the 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 written communications received via mail by 4:00 p.m. on the day of the meeting will be distributed to the City Council and imaged into the City’s document archive system which is available for public review.
SENDING EMAIL OPTION – Public comments may be sent via email to the City Clerk’s office at eComment@santaana.org. Please note the agenda item you are commenting on in the subject line of the email. All emails received two (2) hours before the scheduled start of the meeting will be distributed to the City Council and imaged into the City’s document archive system which is available for public review.
LIVE VIRTUAL OPTION – As a courtesy, members of the public may provide live comments during the meeting by Zoom or Conference Call. To join by Zoom click on or type the following address into your web browser
https://us02web.zoom.us/j/315965149. To join the Conference Call: Dial (669) 900 9128 and enter MEETING ID: 315 965 149#. You will be prompted by the City Clerk when it is time for a: i) closed session item, ii) general agenda item, iii) public hearing item, iv) special agenda item, or v) for Housing Authority item. You may request to speak by dialing *9 from your phone or you may virtually raise your hand from Zoom.
After the Clerk confirms the last three digits of the caller’s phone number or Zoom ID and unmutes them, the caller must press *6 or microphone icon to speak. Callers are encouraged, but not required, to identify themselves by name. Each caller will be provided three (3) minutes to speak, unless due to the number of speakers wanting to speak a decision is made to provide a different amount of time to speak.
INPERSON OPTION Members of the public can provide inperson comments at the podium in the Council Chamber. The Council Chamber will have seating available for members of the public to attend the meeting inperson. Public comments are limited to three (3) minutes per speaker, unless a different time is announced by the presiding chair. Speakers who wish to address the Council must do so by submitting a “Request to Speak” card by 5:00 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 be accepted after the Public Comment Session begins without the permission of the presiding chair.
The following designated public comment periods are:
1. LIVE PUBLIC COMMENTS ON CLOSED SESSION ITEMS – You can provide live comments on closed session items by joining Zoom or the Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will open at 4:30 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL and raise your hand BY 5:00 p.m. Speakers who are not in the speaker queue with their hand raised by 5:00 p.m. will not be permitted to speak.
2. LIVE PUBLIC COMMENTS ON REGULAR AGENDA ITEMS AND NONAGENDA ITEMS (GENERAL PUBLIC COMMENT) – You can provide comments by joining Zoom or the Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will open at 4:30 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL and raise your hand PRIOR TO 5:45 p.m. Speakers who are not in the 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 provide comments by joining Zoom or the Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speakers not in the queue by 5:45 p.m. will not be permitted to speak.
4. LIVE PUBLIC COMMENTS ON HOUSING AUTHORITY ITEMS – You can provide comments by joining Zoom or the Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speakers not in the queue by 5:45 p.m. will not be permitted to speak.
TRANSLATION SERVICES Spanish interpreting services are provided at City Council meetings. Simultaneous Spanish interpretation is provided through the use of headsets and consecutive interpretation (SpanishtoEnglish) in addition to those wishing 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 y la interpretación consecutiva (español a inglés) también está disponible para cualquiera que desee dirigirse al consejo municipal en el podio.
About the Agenda
To download or view the attachments (staff report and other supporting documentation) for each agenda item, you must select the agenda item to see the attachments to either open in a new link (the eyeball
) or download a pdf (the cloud symbol with the down arrow ).
CLOSED SESSION
CALL TO ORDER
ATTENDANCE Council Members Phil Bacerra
Johnathan Ryan Hernandez
David Penaloza
Thai Viet Phan
Benjamin Vazquez
Mayor Pro Tem Jessie Lopez
Mayor Valerie Amezcua
Interim City Manager Tom Hatch
City Attorney Sonia R. Carvalho
City Clerk Jennifer L. Hall
ROLL CALL
ADDITIONS\DELETIONS TO CLOSED SESSION
PUBLIC COMMENTS – Members of the public may address the City Council on Closed Session items.
RECESS – City Council will recess to Closed Session for the purpose of conducting regular City business.
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:
Anthony Gonzalez, et al. v. City of Santa Ana, et al., Orange County Superior Court, Case No. 30202201284596
2. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a):
Agency Negotiator: Ramon Figueroa, Acting Human Resources Executive Director Employe Organization:
Santa Ana Police Officers Association (POA)
RECONVENE – City Council will reconvene to continue regular City business.
CITY COUNCIL REGULAR OPEN SESSION
CALL TO ORDER
ATTENDANCE Council Members Phil Bacerra
Johnathan Ryan Hernandez
David Penaloza
Thai Viet Phan
Benjamin Vazquez
Mayor Pro Tem Jessie Lopez
Mayor Valerie Amezcua
Interim City Manager Tom Hatch
City Attorney Sonia R. Carvalho
City Clerk Jennifer L. Hall
ROLL CALL
PLEDGE OF ALLEGIANCE Mayor Amezcua
WORDS OF INSPIRATION Police Chaplain
ADDITIONS\DELETIONS TO THE AGENDA
CEREMONIAL PRESENTATIONS
1. Certificates of Recognition presented by Mayor Amezcua to The Mater Dei High School Varsity Cheerleading Team for Exceptional Athletic Accomplishments CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed Session.
PUBLIC COMMENTS – Public comments will be held during the beginning of the meeting for ALL comments on agenda and nonagenda items.
CONSENT CALENDAR
RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 2 through 17 and waive reading of all resolutions and ordinances.
2. Excused Absences
Department(s): City Clerk’s Office
Recommended Action: Excuse the absent members.
3. Minutes from the Regular Meeting of May 2, 2023, the Special Meeting of May 11, 2023, and the Special Closed Session and Regular Meeting of May 16, 2023 Department(s): City Clerk’s Office
Recommended Action: Approve minutes.
4. Authorization to Prepare Documents for Proposed Sanitation Fee Adjustment in Compliance with Proposition 218 Requirements (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: Authorize and direct staff to initiate the process for adjusting the Sanitation Fee, as per the Proposition 218 requirements, including, but not limited to, all of the following:
a. Prepare and mail proposed rate adjustment notices to all Santa Ana property owners in compliance with Proposition 218 requirements at a cost not to exceed $100,000;
b. Schedule a public hearing at a future City Council meeting on or after February 6, 2024; and
c. Prepare all other documents to proceed with proposed sanitation fee adjustment.
5. Approve Additional Contingency Funds in the Amount of $3,520,000 for an Existing Construction Contract with ByromDavey, Inc. for the Santa Anita Park Improvements Including New Synthetic Soccer Field and Community Center Renovations with an Estimated Project Delivery Cost of $18,033,011 (Project No. 197527) (NonGeneral Fund) (Revive Santa Ana Program)
Department(s): Public Works Agency
Recommended Action: 1. Approve an amendment to the Project Cost Analysis in the amount of $3,520,000 in additional contingency funds for a total estimated construction delivery cost of $18,033,011, which includes $7,317,701 for the construction contract; $731,770 for contract administration, inspection, and testing; and a $9,983,540 project contingency for unanticipated or unforeseen work, subject to nonsubstantive changes approved by the City Manager and City Attorney.
2. Approve an amendment to the Fiscal Year 202324 Capital Improvement Program to include $3,520,000 in construction funds for Santa Anita Park Improvements and New Synthetic Soccer Field (Project No. 197527).
3. Determine that, in accordance with the California Environmental Quality Act (CEQA), the recommended action is exempt from further review. Categorical Exemption Environmental Review No. ER202177 was filed for the project.
6. Amend the Agreement with Amtech Elevator Services by Increasing the Total Contract Amount Not to Exceed to $1,674,168 for the Remainder of the Contract Term (Specification No. 20068) (General Fund and NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: Amend the agreement with Amtech Elevator Services to provide elevator maintenance and repair services at various City facilities and increase the total not to exceed amount available under the Agreement by an additional $717,168, for a total not to exceed amount of $1,674,168 over the remaining term of the Agreement, including all extension periods, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2023XXX).
7. Amendment to the Fiscal Year 202324 CIP, and Amendment to the Agreement with ELS Architecture and Urban Design to Increase the Contract Amount for the Memorial Park and Aquatics Facility Renovation. (Project No. 221415) (NonGeneral Fund) (Revive Santa Ana Program)
Department(s): Public Works Agency
Recommended Action: 1. Approve an appropriation adjustment to recognize $8,398,266 in revenue received in the current year and from prior years into the Residential Development District 3, Park Acquisition & Development Fees revenue account and appropriate the same amount into the Residential Development District 3, Improvements Other Than Building expenditure account. (Requires five affirmative votes)
2. Approve an appropriation adjustment to recognize $41,829 in revenue received from prior years, the Residential Development District 3, Park Acquisition & Development Fees revenue account and appropriate the same amount into the Residential Development District 3In Lieu, Improvements Other Than Building expenditure account. (Requires five affirmative votes)
3. Approve an amendment to the Fiscal Year 202324 Capital Improvement Program to include $11,298,265 for the Memorial Park and Aquatic Facility Renovation (Project No. 221415) (NonGeneral Fund)
4. Authorize the City Manager to execute the first amendment to the agreement with ELS Architecture and Urban Design to increase the Contract Amount by $1,079,000 for a total amount not to exceed $2,858,170 for the architectural design services for a new Memorial Park and Aquatics Facility Renovation for the remaining term of the agreement, beginning December 5, 2023 through August 14, 2026, including up to two oneyear periods upon a writing executed by the City Manager and City Attorney (Agreement No. 2023XXX).
8. Approve an Agreement with City Net to Provide Street Outreach and Engagement Services for QualityofLife Services, in an Amount Not to Exceed $3,841,845.51, Beginning January 1, 2024 Through December 31, 2024 (NonGeneral Fund) Department(s): Community Development Agency
Recommended Action:
1. Authorize the City Manager to execute an agreement with Kingdom Causes, Inc.
DBA City Net in an amount not to exceed $3,841,845.51 for the Santa Ana Multidisciplinary Street Outreach and Engagement (SMART) Program that responds to reports for qualityoflife services from January 1, 2024 through December 31, 2024, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2023XXX).
2. Authorize the City Manager to execute agreements required by state or federal agencies for the use of Homeless Housing, Assistance and Prevention (HHAP) funding, or for any additional funding that may become available.
9. Approve an Agreement with Iron Mountain Information Management, LLC for Document Storage for the Housing Authority, Community Development Agency and Finance & Management Services Agency
Department(s): Community Development Agency
Recommended Action: Authorize the Interim City Manager to execute an agreement with Iron Mountain Information Management, LLC to provide offsite document storage of Community Development Agency and Finance & Management Services records in an amount not to exceed $142,700, for a threeyear term beginning January 1, 2024 and expiring December 31, 2026 with an option of two oneyear extensions, subject to nonsubstantive changes approved by the City Manager and City Attorney (Contingent upon approval of Housing Authority Item # 3) (Agreement No. 2023XXX).
10. Approve a First Amendment to the Memorandum of Understanding between the City of Santa Ana and the Confidential Association of Santa Ana Department(s): Human Resources
Recommended Action: Authorize the Interim City Manager to execute a First 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, modifying and delineating specific articles of the MOU subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2023XXX).
11. A Resolution Authorizing Application to the California State Department of Housing and Community Development for the Prohousing Designation Program Department(s): Planning and Building Agency
Recommended Action: Adopt a Resolution authorizing the application to the California State Department of Housing and Community Development Prohousing Designation Program.
RESOLUTION NO. 2023XXXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE APPLICATION TO AND PARTICIPATION IN THE PROHOUSING DESIGNATION PROGRAM
12. Second OneYear Extension of Site Plan Review No. 202003 and Variance No. 202006 for the 4th and Mortimer MixedUse Development Project Located at 409 and 509 East Fourth Street
Department(s): Planning and Building Agency
Recommended Action:
1. Adopt a resolution approving a oneyear extension of Site Plan Review No. 202003 and Variance No. 202006 to December 15, 2024.
RESOLUTION NO. 2023XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING A SECOND ONE YEAR EXTENSION OF SITE PLAN REVIEW 202003 AND VARIANCE NO. 202006 FOR THE 4TH AND MORTIMER MIXEDUSE DEVELOPMENT TO BE LOCATED AT 409 AND 509 EAST FOURTH STREET
2. Determine that in accordance with 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.
13. Resolution Authorizing a Grant Application Submission for the Bureau of Reclamation WaterSMART Drought Response Program for the Pressure Reducing Station No. 2 Relocation and Emergency Booster Pump Station Project (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: Adopt a Resolution authorizing the Executive Director of the Public Works Agency to submit a grant application to the U.S. Department of the Interior, Bureau of Reclamation’s Sustain and Manage America’s Resources for Tomorrow Drought Response Program Grant for the Pressure Reducing Station No. 2 Relocation and Emergency Booster Pump Station Project, in an amount not to exceed $1,801,250.
RESOLUTION NO. 2023XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING AN APPLICATION FOR GRANT FUNDING BY THE BUREAU OF RECLAMATION’S WATERSMART DROUGHT RESPONSE PROGRAM GRANT PROGRAM FOR THE PRESSURE REDUCING STATION NO. 2 RELOCATION AND EMERGENCY BOOSTER STATION PROJECT
14. Resolutions Authorizing the Executive Director of the Public Works Agency to Execute Grant Agreements with the California Department of Transportation for the Santa Ana Regional Transportation Center Beautification Projects
Department(s): Public Works Agency
Recommended Action: 1. Adopt a resolution authorizing the Executive Director of the Public Works Agency to execute a grant agreement with the California Department of Transportation for the Santa Ana Regional Transportation Center Painting and Wrought Iron Fencing Project.
RESOLUTION NO. 2023XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE EXECUTIVE DIRECTOR OF THE PUBLIC WORKS AGENCY TO EXECUTE AGREEMENTS WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR THE SANTA ANA REGIONAL TRANSPORTATION CENTER PAINTING AND WROUGHT IRON FENCING
PROJECT
2. Adopt a resolution authorizing the Executive Director of the Public Works Agency to execute a grant agreement with the California Department of Transportation for the Santa Ana Regional Transportation Center Outdoor Water Fountain Renovation Project.
RESOLUTION NO. 2023XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE EXECUTIVE DIRECTOR OF THE PUBLIC WORKS AGENCY TO EXECUTE AGREEMENTS WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR THE SANTA ANA REGIONAL TRANSPORTATION CENTER OUTDOOR WATER FOUNTAIN RENOVATION
PROJECT
15. Resolution Declaring the Results of the November 14, 2023 Special Municipal Recall Election
Department(s): City Clerk’s Office
Recommended Action: Adopt a Resolution declaring the results of the Special Recall Election held in Ward 3 of the City of Santa Ana on November 14, 2023.
RESOLUTION NO. 2023XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA RECITING THE FACT OF THE SPECIAL MUNICIPAL RECALL ELECTION HELD ON TUESDAY, NOVEMBER 14, 2023, DECLARING THE RESULT, AND SUCH OTHER MATTERS AS MAY BE PROVIDED BY LAW (staff report and related documents uploaded, 11/29/23, 6:00P.M.)
16. Second Reading of Ordinance Amending Section 2325 of the Santa Ana Municipal Code to Provide That Compensation for City Boards and Commissions Shall be Set by Resolution of the City Council; Resolution Amending Resolution No. 2019034 and Setting Compensation for all City Boards and Commissions First reading at the November 21, 2023 City Council meeting and approved by a unanimous vote.
Published in the Orange County Reporter on November 27, 2023.
Department(s): City Manager’s Office
Recommended Action:
1. Adopt an ordinance amending Section 2325 of the Santa Ana Municipal Code to provide that compensation for City boards and commissions shall be set by resolution of the City Council.
ORDINANCE NO. NS3053 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SECTION 2325 OF THE SANTA ANA MUNICIPAL CODE TO PROVIDE THAT COMPENSATION FOR CITY BOARDS AND COMMISSIONS SHALL BE SET BY RESOLUTION OF THE CITY COUNCIL
2. Adopt a resolution amending Resolution No. 2019034 and setting the compensation for all City boards and commissions.
RESOLUTION NO. 2023XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING RESOLUTION NO. 2019034 AND SETTING COMPENSATION FOR ALL CITY BOARDS AND
COMMISSIONS
17. Second Reading of Ordinance Approving Amendment Application No. 202301 to Change the Zoning District Designation of the Public Park Located at 1117 S.
Standard Avenue from MultipleFamily Residence (R3) to Open Space Land (O) for Consistency with the General Plan Land Use Designation of Open Space First reading at the November 21, 2023 City Council meeting and approved by a unanimous vote.
Published in the Orange County Reporter on November 27, 2023.
Department(s): Planning and Building Agency
Recommended Action: 1. Conduct a second reading and adopt an ordinance approving Amendment Application No. 202301 for Standard and McFadden Public Park located at 1117 S. Standard Avenue;
ORDINANCE NO. NS3054 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 202301 REZONING THE PROPERTIES LOCATED 1113, 1117, 1121, AND 1125 SOUTH STANDARD AVENUE AND RECOGNIZED AS ASSESSOR PARCEL NUMBERS 01125117, 01125118, 01125119, 01125120, 01125138 AND 01125139 (from MultiFamily Residence (R3) to Open Space Land (O)); read by title only and waive further reading.
2. Determine that in accordance with the California Environmental Quality Act (CEQA) and Section 15162 of the CEQA Guidelines, the project is within the scope of the 2022 Santa Ana General Plan Environmental Impact Report (EIR) (SCH No. 2020029087). Furthermore, these actions are categorically exempt from further review per Section 15304 (Class 4 – Minor Alterations of Land) of the CEQA Guidelines. Class 4 consists of minor public or private alterations in the condition of land, water, and/or vegetation which do not involve removal of healthy, mature, scenic trees except for forestry and agricultural purposes. As such, a Notice of Determination, Environmental Review No. 202078, will be filed for this project. **END OF CONSENT CALENDAR**
BUSINESS CALENDAR
18. Fee Deferral Agreement for the Central Pointe MixedUse Development Located at 1801 E. Fourth Street
Department(s): Planning and Building Agency
Recommended Action: Based on the discussion in this staff report, it is recommended that the City Council take one of the following two actions:
1. Deny a request by the applicant to execute a fee deferral agreement for the Central Pointe mixeduse development located at 1801 E. Fourth Street, OR
2. Authorize the City Manager to execute a fee deferral agreement for the Central Pointe mixeduse development located at 1801 E. Fourth Street (Agreement No. 2023XXX).
**END OF BUSINESS CALENDAR**
COUNCILMEMBER REQUESTED ITEMS
19. Discuss and Consider Directing the Interim City Manager to Prepare a Resolution for City Council’s Consideration to Call in Support of a Ceasefire in Gaza – Councilmembers Vazquez and Hernandez
CITY MANAGER COMMENTS
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.
ADJOURNMENT – Adjourn the City Council meeting and convene to the Housing Authority meeting.
Future Items
1. FY202425 Budget Calendar
2. Enterprise Vehicle Lease Agreement
3. Selection of Mayor Pro Tem for 2024
POSTING STATEMENT: On November 28, 2023, a true and correct copy of this agenda was posted at the entrance to City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. Internet Access to City Council, Agency, and Authority agendas and related material is available prior to meetings at santaana.org/agendasandminutes
HOUSING AUTHORITY
CALL TO ORDER
ATTENDANCE Authority Members Phil Bacerra
Johnathan Ryan Hernandez
David Penaloza
Thai Viet Phan
Benjamin Vazquez
Vice Chair Jessie Lopez
Chair Valerie Amezcua
Interim City Manager Tom Hatch
City Attorney Sonia R. Carvalho
Recording Secretary Jennifer L. Hall
ROLL CALL
ADDITIONS\DELETIONS TO THE HOUSING AUTHORITY AGENDA
PUBLIC COMMENTS – Members of the public may address Housing Authority on items on the Housing Authority agenda.
CONSENT CALENDAR
RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 1 and 3 and waive readings for resolutions and ordinances.
1. Excused Absences
Department(s): City Clerk’s Office
Recommended Action: Excuse the absent members.
2. Minutes of the Special Meeting of May 16, 2023 and the Regular Meeting of November 7, 2023
Department(s): City Clerk’s Office
Recommended Action: Approve minutes.
3. Approve an Agreement with Iron Mountain Information Management, LLC for Document Storage for the Housing Authority, Community Development Agency and Finance & Management Services Agency(General Fund and NonGeneral Fund) Department(s): Community Development Agency
Recommended Action: Authorize the Executive Director of the Housing Authority to execute an agreement with Iron Mountain Information Management, LLC to provide offsite document storage of Housing Authority records in an amount not to exceed $142,700, for a threeyear term beginning January 1, 2024 and expiring December 31, 2026 with an option of two oneyear extensions, subject to nonsubstantive changes approved by the Executive Director and the Housing Authority General Counsel (Contingent upon approval of City Council Item # 9) (Agreement No. 2023XXX). **END OF CONSENT CALENDAR**
HOUSING AUTHORITY MEMBER COMMENTS
ADJOURNMENT – Adjourn the Housing Authority meeting.
POSTING STATEMENT: On November 28, 2023, a true and correct copy of this agenda was posted at the entrance to City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. Internet Access to City Council, Agency, and Authority agendas and related material is available prior to meetings at santaana.org/citymeetings.
12/5/2023
City Council and Housing Authority
Meeting Agenda
December 5, 2023
CLOSED SESSION MEETING – 5:00 PM
REGULAR OPEN MEETING – 5:30 PM
(Immediately following the Closed Session Meeting)
CITY COUNCIL CHAMBER
22 Civic Center Plaza Santa Ana, CA 92701
Valerie Amezcua
Mayor
Thai Viet Phan
Councilmember – Ward 1
Benjamin Vazquez
Councilmember Ward 2
Jessie Lopez
Mayor Pro Tem Ward 3
Phil Bacerra
Councilmember Ward 4
Johnathan Ryan Hernandez
Councilmember Ward 5
David Penaloza
Councilmember Ward 6
Mayor and Council telephone: 7146476900
Agenda item inquiries: 7146476520
Sonia R. Carvalho
City Attorney
Tom Hatch
Interim City Manager
Jennifer L. Hall
City Clerk
In 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 enable the City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supporting documentation can be found on the City’s website – www.santaana.org/agendasandminutes CITY VISION AND CODE OF ETHICS
The City of Santa Ana is committed to achieving a shared vision for the organization and its community. The Vision, Mission and Guiding Principles (Values) are the result of a thoughtful and inclusive process designed to set the City and organization on a course that meets the challenges of today and tomorrow, as follows:
Vision The dynamic center of Orange County which is acclaimed for our: Investment in youth • Safe and healthy community • Neighborhood pride • Thriving economic climate • Enriched and diverse culture • Quality government services Mission To deliver efficient public services in partnership with our community which ensures public safety, a prosperous economic environment, opportunities for our youth, and a high quality of life for residents.
Guiding Principles Collaboration • Efficiency • Equity • Excellence • Fiscal Responsibility • Innovation • Transparency
Code of Ethics and Conduct At the Special Municipal Election held on February 5, 2008, voters approved an amendment to the City Charter which established the Code of Ethics and Conduct for elected officials and members of appointed boards, commissions, and committees to assure public confidence. The following are the core values expressed: • Integrity • Honesty • Responsibility • Fairness • Accountability • Respect • Efficiency Members of the public may attend the City Council meeting inperson or join via Zoom. As a courtesy to the public, the City Council meeting will occur live via teleconference Zoom webinar. You may view the meeting from your computer, tablet, or smart phone via YouTube LiveStream at www.youtube.com/user/SantaAnaLibrary or on CTV3, available on Spectrum channel 3.
PUBLIC COMMENTS – Members of the public who wish to address the City Council on closed session items, items on the regular agenda, or on matters which are not on the agenda but are within the subject matter jurisdiction of the City Council, may do so by one of the 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 written communications received via mail by 4:00 p.m. on the day of the meeting will be distributed to the City Council and imaged into the City’s document archive system which is available for public review.
SENDING EMAIL OPTION – Public comments may be sent via email to the City Clerk’s office at eComment@santaana.org. Please note the agenda item you are commenting on in the subject line of the email. All emails received two (2) hours before the scheduled start of the meeting will be distributed to the City Council and imaged into the City’s document archive system which is available for public review.
LIVE VIRTUAL OPTION – As a courtesy, members of the public may provide live comments during the meeting by Zoom or Conference Call. To join by Zoom click on or type the following address into your web browser
https://us02web.zoom.us/j/315965149. To join the Conference Call: Dial (669) 900 9128 and enter MEETING ID: 315 965 149#. You will be prompted by the City Clerk when it is time for a: i) closed session item, ii) general agenda item, iii) public hearing item, iv) special agenda item, or v) for Housing Authority item. You may request to speak by dialing *9 from your phone or you may virtually raise your hand from Zoom.
After the Clerk confirms the last three digits of the caller’s phone number or Zoom ID and unmutes them, the caller must press *6 or microphone icon to speak. Callers are encouraged, but not required, to identify themselves by name. Each caller will be provided three (3) minutes to speak, unless due to the number of speakers wanting to speak a decision is made to provide a different amount of time to speak.
INPERSON OPTION Members of the public can provide inperson comments at the podium in the Council Chamber. The Council Chamber will have seating available for members of the public to attend the meeting inperson. Public comments are limited to three (3) minutes per speaker, unless a different time is announced by the presiding chair. Speakers who wish to address the Council must do so by submitting a “Request to Speak” card by 5:00 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 be accepted after the Public Comment Session begins without the permission of the presiding chair.
The following designated public comment periods are:
1. LIVE PUBLIC COMMENTS ON CLOSED SESSION ITEMS – You can provide live comments on closed session items by joining Zoom or the Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will open at 4:30 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL and raise your hand BY 5:00 p.m. Speakers who are not in the speaker queue with their hand raised by 5:00 p.m. will not be permitted to speak.
2. LIVE PUBLIC COMMENTS ON REGULAR AGENDA ITEMS AND NONAGENDA ITEMS (GENERAL PUBLIC COMMENT) – You can provide comments by joining Zoom or the Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will open at 4:30 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL and raise your hand PRIOR TO 5:45 p.m. Speakers who are not in the 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 provide comments by joining Zoom or the Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speakers not in the queue by 5:45 p.m. will not be permitted to speak.
4. LIVE PUBLIC COMMENTS ON HOUSING AUTHORITY ITEMS – You can provide comments by joining Zoom or the Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speakers not in the queue by 5:45 p.m. will not be permitted to speak.
TRANSLATION SERVICES Spanish interpreting services are provided at City Council meetings. Simultaneous Spanish interpretation is provided through the use of headsets and consecutive interpretation (SpanishtoEnglish) in addition to those wishing 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 y la interpretación consecutiva (español a inglés) también está disponible para cualquiera que desee dirigirse al consejo municipal en el podio.
About the Agenda
To download or view the attachments (staff report and other supporting documentation) for each agenda item, you must select the agenda item to see the attachments to either open in a new link (the eyeball
) or download a pdf (the cloud symbol with the down arrow ).
CLOSED SESSION
CALL TO ORDER
ATTENDANCE Council Members Phil Bacerra
Johnathan Ryan Hernandez
David Penaloza
Thai Viet Phan
Benjamin Vazquez
Mayor Pro Tem Jessie Lopez
Mayor Valerie Amezcua
Interim City Manager Tom Hatch
City Attorney Sonia R. Carvalho
City Clerk Jennifer L. Hall
ROLL CALL
ADDITIONS\DELETIONS TO CLOSED SESSION
PUBLIC COMMENTS – Members of the public may address the City Council on Closed Session items.
RECESS – City Council will recess to Closed Session for the purpose of conducting regular City business.
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:
Anthony Gonzalez, et al. v. City of Santa Ana, et al., Orange County Superior Court, Case No. 30202201284596
2. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a):
Agency Negotiator: Ramon Figueroa, Acting Human Resources Executive Director Employe Organization:
Santa Ana Police Officers Association (POA)
RECONVENE – City Council will reconvene to continue regular City business.
CITY COUNCIL REGULAR OPEN SESSION
CALL TO ORDER
ATTENDANCE Council Members Phil Bacerra
Johnathan Ryan Hernandez
David Penaloza
Thai Viet Phan
Benjamin Vazquez
Mayor Pro Tem Jessie Lopez
Mayor Valerie Amezcua
Interim City Manager Tom Hatch
City Attorney Sonia R. Carvalho
City Clerk Jennifer L. Hall
ROLL CALL
PLEDGE OF ALLEGIANCE Mayor Amezcua
WORDS OF INSPIRATION Police Chaplain
ADDITIONS\DELETIONS TO THE AGENDA
CEREMONIAL PRESENTATIONS
1. Certificates of Recognition presented by Mayor Amezcua to The Mater Dei High School Varsity Cheerleading Team for Exceptional Athletic Accomplishments CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed Session.
PUBLIC COMMENTS – Public comments will be held during the beginning of the meeting for ALL comments on agenda and nonagenda items.
CONSENT CALENDAR
RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 2 through 17 and waive reading of all resolutions and ordinances.
2. Excused Absences
Department(s): City Clerk’s Office
Recommended Action: Excuse the absent members.
3. Minutes from the Regular Meeting of May 2, 2023, the Special Meeting of May 11, 2023, and the Special Closed Session and Regular Meeting of May 16, 2023 Department(s): City Clerk’s Office
Recommended Action: Approve minutes.
4. Authorization to Prepare Documents for Proposed Sanitation Fee Adjustment in Compliance with Proposition 218 Requirements (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: Authorize and direct staff to initiate the process for adjusting the Sanitation Fee, as per the Proposition 218 requirements, including, but not limited to, all of the following:
a. Prepare and mail proposed rate adjustment notices to all Santa Ana property owners in compliance with Proposition 218 requirements at a cost not to exceed $100,000;
b. Schedule a public hearing at a future City Council meeting on or after February 6, 2024; and
c. Prepare all other documents to proceed with proposed sanitation fee adjustment.
5. Approve Additional Contingency Funds in the Amount of $3,520,000 for an Existing Construction Contract with ByromDavey, Inc. for the Santa Anita Park Improvements Including New Synthetic Soccer Field and Community Center Renovations with an Estimated Project Delivery Cost of $18,033,011 (Project No. 197527) (NonGeneral Fund) (Revive Santa Ana Program)
Department(s): Public Works Agency
Recommended Action: 1. Approve an amendment to the Project Cost Analysis in the amount of $3,520,000 in additional contingency funds for a total estimated construction delivery cost of $18,033,011, which includes $7,317,701 for the construction contract; $731,770 for contract administration, inspection, and testing; and a $9,983,540 project contingency for unanticipated or unforeseen work, subject to nonsubstantive changes approved by the City Manager and City Attorney.
2. Approve an amendment to the Fiscal Year 202324 Capital Improvement Program to include $3,520,000 in construction funds for Santa Anita Park Improvements and New Synthetic Soccer Field (Project No. 197527).
3. Determine that, in accordance with the California Environmental Quality Act (CEQA), the recommended action is exempt from further review. Categorical Exemption Environmental Review No. ER202177 was filed for the project.
6. Amend the Agreement with Amtech Elevator Services by Increasing the Total Contract Amount Not to Exceed to $1,674,168 for the Remainder of the Contract Term (Specification No. 20068) (General Fund and NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: Amend the agreement with Amtech Elevator Services to provide elevator maintenance and repair services at various City facilities and increase the total not to exceed amount available under the Agreement by an additional $717,168, for a total not to exceed amount of $1,674,168 over the remaining term of the Agreement, including all extension periods, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2023XXX).
7. Amendment to the Fiscal Year 202324 CIP, and Amendment to the Agreement with ELS Architecture and Urban Design to Increase the Contract Amount for the Memorial Park and Aquatics Facility Renovation. (Project No. 221415) (NonGeneral Fund) (Revive Santa Ana Program)
Department(s): Public Works Agency
Recommended Action: 1. Approve an appropriation adjustment to recognize $8,398,266 in revenue received in the current year and from prior years into the Residential Development District 3, Park Acquisition & Development Fees revenue account and appropriate the same amount into the Residential Development District 3, Improvements Other Than Building expenditure account. (Requires five affirmative votes)
2. Approve an appropriation adjustment to recognize $41,829 in revenue received from prior years, the Residential Development District 3, Park Acquisition & Development Fees revenue account and appropriate the same amount into the Residential Development District 3In Lieu, Improvements Other Than Building expenditure account. (Requires five affirmative votes)
3. Approve an amendment to the Fiscal Year 202324 Capital Improvement Program to include $11,298,265 for the Memorial Park and Aquatic Facility Renovation (Project No. 221415) (NonGeneral Fund)
4. Authorize the City Manager to execute the first amendment to the agreement with ELS Architecture and Urban Design to increase the Contract Amount by $1,079,000 for a total amount not to exceed $2,858,170 for the architectural design services for a new Memorial Park and Aquatics Facility Renovation for the remaining term of the agreement, beginning December 5, 2023 through August 14, 2026, including up to two oneyear periods upon a writing executed by the City Manager and City Attorney (Agreement No. 2023XXX).
8. Approve an Agreement with City Net to Provide Street Outreach and Engagement Services for QualityofLife Services, in an Amount Not to Exceed $3,841,845.51, Beginning January 1, 2024 Through December 31, 2024 (NonGeneral Fund) Department(s): Community Development Agency
Recommended Action:
1. Authorize the City Manager to execute an agreement with Kingdom Causes, Inc.
DBA City Net in an amount not to exceed $3,841,845.51 for the Santa Ana Multidisciplinary Street Outreach and Engagement (SMART) Program that responds to reports for qualityoflife services from January 1, 2024 through December 31, 2024, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2023XXX).
2. Authorize the City Manager to execute agreements required by state or federal agencies for the use of Homeless Housing, Assistance and Prevention (HHAP) funding, or for any additional funding that may become available.
9. Approve an Agreement with Iron Mountain Information Management, LLC for Document Storage for the Housing Authority, Community Development Agency and Finance & Management Services Agency
Department(s): Community Development Agency
Recommended Action: Authorize the Interim City Manager to execute an agreement with Iron Mountain Information Management, LLC to provide offsite document storage of Community Development Agency and Finance & Management Services records in an amount not to exceed $142,700, for a threeyear term beginning January 1, 2024 and expiring December 31, 2026 with an option of two oneyear extensions, subject to nonsubstantive changes approved by the City Manager and City Attorney (Contingent upon approval of Housing Authority Item # 3) (Agreement No. 2023XXX).
10. Approve a First Amendment to the Memorandum of Understanding between the City of Santa Ana and the Confidential Association of Santa Ana Department(s): Human Resources
Recommended Action: Authorize the Interim City Manager to execute a First 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, modifying and delineating specific articles of the MOU subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2023XXX).
11. A Resolution Authorizing Application to the California State Department of Housing and Community Development for the Prohousing Designation Program Department(s): Planning and Building Agency
Recommended Action: Adopt a Resolution authorizing the application to the California State Department of Housing and Community Development Prohousing Designation Program.
RESOLUTION NO. 2023XXXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE APPLICATION TO AND PARTICIPATION IN THE PROHOUSING DESIGNATION PROGRAM
12. Second OneYear Extension of Site Plan Review No. 202003 and Variance No. 202006 for the 4th and Mortimer MixedUse Development Project Located at 409 and 509 East Fourth Street
Department(s): Planning and Building Agency
Recommended Action:
1. Adopt a resolution approving a oneyear extension of Site Plan Review No. 202003 and Variance No. 202006 to December 15, 2024.
RESOLUTION NO. 2023XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING A SECOND ONE YEAR EXTENSION OF SITE PLAN REVIEW 202003 AND VARIANCE NO. 202006 FOR THE 4TH AND MORTIMER MIXEDUSE DEVELOPMENT TO BE LOCATED AT 409 AND 509 EAST FOURTH STREET
2. Determine that in accordance with 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.
13. Resolution Authorizing a Grant Application Submission for the Bureau of Reclamation WaterSMART Drought Response Program for the Pressure Reducing Station No. 2 Relocation and Emergency Booster Pump Station Project (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: Adopt a Resolution authorizing the Executive Director of the Public Works Agency to submit a grant application to the U.S. Department of the Interior, Bureau of Reclamation’s Sustain and Manage America’s Resources for Tomorrow Drought Response Program Grant for the Pressure Reducing Station No. 2 Relocation and Emergency Booster Pump Station Project, in an amount not to exceed $1,801,250.
RESOLUTION NO. 2023XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING AN APPLICATION FOR GRANT FUNDING BY THE BUREAU OF RECLAMATION’S WATERSMART DROUGHT RESPONSE PROGRAM GRANT PROGRAM FOR THE PRESSURE REDUCING STATION NO. 2 RELOCATION AND EMERGENCY BOOSTER STATION PROJECT
14. Resolutions Authorizing the Executive Director of the Public Works Agency to Execute Grant Agreements with the California Department of Transportation for the Santa Ana Regional Transportation Center Beautification Projects
Department(s): Public Works Agency
Recommended Action: 1. Adopt a resolution authorizing the Executive Director of the Public Works Agency to execute a grant agreement with the California Department of Transportation for the Santa Ana Regional Transportation Center Painting and Wrought Iron Fencing Project.
RESOLUTION NO. 2023XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE EXECUTIVE DIRECTOR OF THE PUBLIC WORKS AGENCY TO EXECUTE AGREEMENTS WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR THE SANTA ANA REGIONAL TRANSPORTATION CENTER PAINTING AND WROUGHT IRON FENCING
PROJECT
2. Adopt a resolution authorizing the Executive Director of the Public Works Agency to execute a grant agreement with the California Department of Transportation for the Santa Ana Regional Transportation Center Outdoor Water Fountain Renovation Project.
RESOLUTION NO. 2023XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE EXECUTIVE DIRECTOR OF THE PUBLIC WORKS AGENCY TO EXECUTE AGREEMENTS WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR THE SANTA ANA REGIONAL TRANSPORTATION CENTER OUTDOOR WATER FOUNTAIN RENOVATION
PROJECT
15. Resolution Declaring the Results of the November 14, 2023 Special Municipal Recall Election
Department(s): City Clerk’s Office
Recommended Action: Adopt a Resolution declaring the results of the Special Recall Election held in Ward 3 of the City of Santa Ana on November 14, 2023.
RESOLUTION NO. 2023XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA RECITING THE FACT OF THE SPECIAL MUNICIPAL RECALL ELECTION HELD ON TUESDAY, NOVEMBER 14, 2023, DECLARING THE RESULT, AND SUCH OTHER MATTERS AS MAY BE PROVIDED BY LAW (staff report and related documents uploaded, 11/29/23, 6:00P.M.)
16. Second Reading of Ordinance Amending Section 2325 of the Santa Ana Municipal Code to Provide That Compensation for City Boards and Commissions Shall be Set by Resolution of the City Council; Resolution Amending Resolution No. 2019034 and Setting Compensation for all City Boards and Commissions First reading at the November 21, 2023 City Council meeting and approved by a unanimous vote.
Published in the Orange County Reporter on November 27, 2023.
Department(s): City Manager’s Office
Recommended Action:
1. Adopt an ordinance amending Section 2325 of the Santa Ana Municipal Code to provide that compensation for City boards and commissions shall be set by resolution of the City Council.
ORDINANCE NO. NS3053 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SECTION 2325 OF THE SANTA ANA MUNICIPAL CODE TO PROVIDE THAT COMPENSATION FOR CITY BOARDS AND COMMISSIONS SHALL BE SET BY RESOLUTION OF THE CITY COUNCIL
2. Adopt a resolution amending Resolution No. 2019034 and setting the compensation for all City boards and commissions.
RESOLUTION NO. 2023XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING RESOLUTION NO. 2019034 AND SETTING COMPENSATION FOR ALL CITY BOARDS AND
COMMISSIONS
17. Second Reading of Ordinance Approving Amendment Application No. 202301 to Change the Zoning District Designation of the Public Park Located at 1117 S.
Standard Avenue from MultipleFamily Residence (R3) to Open Space Land (O) for Consistency with the General Plan Land Use Designation of Open Space First reading at the November 21, 2023 City Council meeting and approved by a unanimous vote.
Published in the Orange County Reporter on November 27, 2023.
Department(s): Planning and Building Agency
Recommended Action: 1. Conduct a second reading and adopt an ordinance approving Amendment Application No. 202301 for Standard and McFadden Public Park located at 1117 S. Standard Avenue;
ORDINANCE NO. NS3054 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 202301 REZONING THE PROPERTIES LOCATED 1113, 1117, 1121, AND 1125 SOUTH STANDARD AVENUE AND RECOGNIZED AS ASSESSOR PARCEL NUMBERS 01125117, 01125118, 01125119, 01125120, 01125138 AND 01125139 (from MultiFamily Residence (R3) to Open Space Land (O)); read by title only and waive further reading.
2. Determine that in accordance with the California Environmental Quality Act (CEQA) and Section 15162 of the CEQA Guidelines, the project is within the scope of the 2022 Santa Ana General Plan Environmental Impact Report (EIR) (SCH No. 2020029087). Furthermore, these actions are categorically exempt from further review per Section 15304 (Class 4 – Minor Alterations of Land) of the CEQA Guidelines. Class 4 consists of minor public or private alterations in the condition of land, water, and/or vegetation which do not involve removal of healthy, mature, scenic trees except for forestry and agricultural purposes. As such, a Notice of Determination, Environmental Review No. 202078, will be filed for this project. **END OF CONSENT CALENDAR**
BUSINESS CALENDAR
18. Fee Deferral Agreement for the Central Pointe MixedUse Development Located at 1801 E. Fourth Street
Department(s): Planning and Building Agency
Recommended Action: Based on the discussion in this staff report, it is recommended that the City Council take one of the following two actions:
1. Deny a request by the applicant to execute a fee deferral agreement for the Central Pointe mixeduse development located at 1801 E. Fourth Street, OR
2. Authorize the City Manager to execute a fee deferral agreement for the Central Pointe mixeduse development located at 1801 E. Fourth Street (Agreement No. 2023XXX).
**END OF BUSINESS CALENDAR**
COUNCILMEMBER REQUESTED ITEMS
19. Discuss and Consider Directing the Interim City Manager to Prepare a Resolution for City Council’s Consideration to Call in Support of a Ceasefire in Gaza – Councilmembers Vazquez and Hernandez
CITY MANAGER COMMENTS
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.
ADJOURNMENT – Adjourn the City Council meeting and convene to the Housing Authority meeting.
Future Items
1. FY202425 Budget Calendar
2. Enterprise Vehicle Lease Agreement
3. Selection of Mayor Pro Tem for 2024
POSTING STATEMENT: On November 28, 2023, a true and correct copy of this agenda was posted at the entrance to City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. Internet Access to City Council, Agency, and Authority agendas and related material is available prior to meetings at santaana.org/agendasandminutes
HOUSING AUTHORITY
CALL TO ORDER
ATTENDANCE Authority Members Phil Bacerra
Johnathan Ryan Hernandez
David Penaloza
Thai Viet Phan
Benjamin Vazquez
Vice Chair Jessie Lopez
Chair Valerie Amezcua
Interim City Manager Tom Hatch
City Attorney Sonia R. Carvalho
Recording Secretary Jennifer L. Hall
ROLL CALL
ADDITIONS\DELETIONS TO THE HOUSING AUTHORITY AGENDA
PUBLIC COMMENTS – Members of the public may address Housing Authority on items on the Housing Authority agenda.
CONSENT CALENDAR
RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 1 and 3 and waive readings for resolutions and ordinances.
1. Excused Absences
Department(s): City Clerk’s Office
Recommended Action: Excuse the absent members.
2. Minutes of the Special Meeting of May 16, 2023 and the Regular Meeting of November 7, 2023
Department(s): City Clerk’s Office
Recommended Action: Approve minutes.
3. Approve an Agreement with Iron Mountain Information Management, LLC for Document Storage for the Housing Authority, Community Development Agency and Finance & Management Services Agency(General Fund and NonGeneral Fund) Department(s): Community Development Agency
Recommended Action: Authorize the Executive Director of the Housing Authority to execute an agreement with Iron Mountain Information Management, LLC to provide offsite document storage of Housing Authority records in an amount not to exceed $142,700, for a threeyear term beginning January 1, 2024 and expiring December 31, 2026 with an option of two oneyear extensions, subject to nonsubstantive changes approved by the Executive Director and the Housing Authority General Counsel (Contingent upon approval of City Council Item # 9) (Agreement No. 2023XXX). **END OF CONSENT CALENDAR**
HOUSING AUTHORITY MEMBER COMMENTS
ADJOURNMENT – Adjourn the Housing Authority meeting.
POSTING STATEMENT: On November 28, 2023, a true and correct copy of this agenda was posted at the entrance to City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. Internet Access to City Council, Agency, and Authority agendas and related material is available prior to meetings at santaana.org/citymeetings.
12/5/2023
City Council and Housing Authority
Meeting Agenda
December 5, 2023
CLOSED SESSION MEETING – 5:00 PM
REGULAR OPEN MEETING – 5:30 PM
(Immediately following the Closed Session Meeting)
CITY COUNCIL CHAMBER
22 Civic Center Plaza Santa Ana, CA 92701
Valerie Amezcua
Mayor
Thai Viet Phan
Councilmember – Ward 1
Benjamin Vazquez
Councilmember Ward 2
Jessie Lopez
Mayor Pro Tem Ward 3
Phil Bacerra
Councilmember Ward 4
Johnathan Ryan Hernandez
Councilmember Ward 5
David Penaloza
Councilmember Ward 6
Mayor and Council telephone: 7146476900
Agenda item inquiries: 7146476520
Sonia R. Carvalho
City Attorney
Tom Hatch
Interim City Manager
Jennifer L. Hall
City Clerk
In 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 enable the City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supporting documentation can be found on the City’s website – www.santaana.org/agendasandminutes CITY VISION AND CODE OF ETHICS
The City of Santa Ana is committed to achieving a shared vision for the organization and its community. The Vision, Mission and Guiding Principles (Values) are the result of a thoughtful and inclusive process designed to set the City and organization on a course that meets the challenges of today and tomorrow, as follows:
Vision The dynamic center of Orange County which is acclaimed for our: Investment in youth • Safe and healthy community • Neighborhood pride • Thriving economic climate • Enriched and diverse culture • Quality government services Mission To deliver efficient public services in partnership with our community which ensures public safety, a prosperous economic environment, opportunities for our youth, and a high quality of life for residents.
Guiding Principles Collaboration • Efficiency • Equity • Excellence • Fiscal Responsibility • Innovation • Transparency
Code of Ethics and Conduct At the Special Municipal Election held on February 5, 2008, voters approved an amendment to the City Charter which established the Code of Ethics and Conduct for elected officials and members of appointed boards, commissions, and committees to assure public confidence. The following are the core values expressed: • Integrity • Honesty • Responsibility • Fairness • Accountability • Respect • Efficiency Members of the public may attend the City Council meeting inperson or join via Zoom. As a courtesy to the public, the City Council meeting will occur live via teleconference Zoom webinar. You may view the meeting from your computer, tablet, or smart phone via YouTube LiveStream at www.youtube.com/user/SantaAnaLibrary or on CTV3, available on Spectrum channel 3.
PUBLIC COMMENTS – Members of the public who wish to address the City Council on closed session items, items on the regular agenda, or on matters which are not on the agenda but are within the subject matter jurisdiction of the City Council, may do so by one of the 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 written communications received via mail by 4:00 p.m. on the day of the meeting will be distributed to the City Council and imaged into the City’s document archive system which is available for public review.
SENDING EMAIL OPTION – Public comments may be sent via email to the City Clerk’s office at eComment@santaana.org. Please note the agenda item you are commenting on in the subject line of the email. All emails received two (2) hours before the scheduled start of the meeting will be distributed to the City Council and imaged into the City’s document archive system which is available for public review.
LIVE VIRTUAL OPTION – As a courtesy, members of the public may provide live comments during the meeting by Zoom or Conference Call. To join by Zoom click on or type the following address into your web browser
https://us02web.zoom.us/j/315965149. To join the Conference Call: Dial (669) 900 9128 and enter MEETING ID: 315 965 149#. You will be prompted by the City Clerk when it is time for a: i) closed session item, ii) general agenda item, iii) public hearing item, iv) special agenda item, or v) for Housing Authority item. You may request to speak by dialing *9 from your phone or you may virtually raise your hand from Zoom.
After the Clerk confirms the last three digits of the caller’s phone number or Zoom ID and unmutes them, the caller must press *6 or microphone icon to speak. Callers are encouraged, but not required, to identify themselves by name. Each caller will be provided three (3) minutes to speak, unless due to the number of speakers wanting to speak a decision is made to provide a different amount of time to speak.
INPERSON OPTION Members of the public can provide inperson comments at the podium in the Council Chamber. The Council Chamber will have seating available for members of the public to attend the meeting inperson. Public comments are limited to three (3) minutes per speaker, unless a different time is announced by the presiding chair. Speakers who wish to address the Council must do so by submitting a “Request to Speak” card by 5:00 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 be accepted after the Public Comment Session begins without the permission of the presiding chair.
The following designated public comment periods are:
1. LIVE PUBLIC COMMENTS ON CLOSED SESSION ITEMS – You can provide live comments on closed session items by joining Zoom or the Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will open at 4:30 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL and raise your hand BY 5:00 p.m. Speakers who are not in the speaker queue with their hand raised by 5:00 p.m. will not be permitted to speak.
2. LIVE PUBLIC COMMENTS ON REGULAR AGENDA ITEMS AND NONAGENDA ITEMS (GENERAL PUBLIC COMMENT) – You can provide comments by joining Zoom or the Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will open at 4:30 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL and raise your hand PRIOR TO 5:45 p.m. Speakers who are not in the 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 provide comments by joining Zoom or the Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speakers not in the queue by 5:45 p.m. will not be permitted to speak.
4. LIVE PUBLIC COMMENTS ON HOUSING AUTHORITY ITEMS – You can provide comments by joining Zoom or the Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speakers not in the queue by 5:45 p.m. will not be permitted to speak.
TRANSLATION SERVICES Spanish interpreting services are provided at City Council meetings. Simultaneous Spanish interpretation is provided through the use of headsets and consecutive interpretation (SpanishtoEnglish) in addition to those wishing 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 y la interpretación consecutiva (español a inglés) también está disponible para cualquiera que desee dirigirse al consejo municipal en el podio.
About the Agenda
To download or view the attachments (staff report and other supporting documentation) for each agenda item, you must select the agenda item to see the attachments to either open in a new link (the eyeball
) or download a pdf (the cloud symbol with the down arrow ).
CLOSED SESSION
CALL TO ORDER
ATTENDANCE Council Members Phil Bacerra
Johnathan Ryan Hernandez
David Penaloza
Thai Viet Phan
Benjamin Vazquez
Mayor Pro Tem Jessie Lopez
Mayor Valerie Amezcua
Interim City Manager Tom Hatch
City Attorney Sonia R. Carvalho
City Clerk Jennifer L. Hall
ROLL CALL
ADDITIONS\DELETIONS TO CLOSED SESSION
PUBLIC COMMENTS – Members of the public may address the City Council on Closed Session items.
RECESS – City Council will recess to Closed Session for the purpose of conducting regular City business.
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:
Anthony Gonzalez, et al. v. City of Santa Ana, et al., Orange County Superior Court, Case No. 30202201284596
2. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a):
Agency Negotiator: Ramon Figueroa, Acting Human Resources Executive Director Employe Organization:
Santa Ana Police Officers Association (POA)
RECONVENE – City Council will reconvene to continue regular City business.
CITY COUNCIL REGULAR OPEN SESSION
CALL TO ORDER
ATTENDANCE Council Members Phil Bacerra
Johnathan Ryan Hernandez
David Penaloza
Thai Viet Phan
Benjamin Vazquez
Mayor Pro Tem Jessie Lopez
Mayor Valerie Amezcua
Interim City Manager Tom Hatch
City Attorney Sonia R. Carvalho
City Clerk Jennifer L. Hall
ROLL CALL
PLEDGE OF ALLEGIANCE Mayor Amezcua
WORDS OF INSPIRATION Police Chaplain
ADDITIONS\DELETIONS TO THE AGENDA
CEREMONIAL PRESENTATIONS
1. Certificates of Recognition presented by Mayor Amezcua to The Mater Dei High School Varsity Cheerleading Team for Exceptional Athletic Accomplishments CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed Session.
PUBLIC COMMENTS – Public comments will be held during the beginning of the meeting for ALL comments on agenda and nonagenda items.
CONSENT CALENDAR
RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 2 through 17 and waive reading of all resolutions and ordinances.
2. Excused Absences
Department(s): City Clerk’s Office
Recommended Action: Excuse the absent members.
3. Minutes from the Regular Meeting of May 2, 2023, the Special Meeting of May 11, 2023, and the Special Closed Session and Regular Meeting of May 16, 2023 Department(s): City Clerk’s Office
Recommended Action: Approve minutes.
4. Authorization to Prepare Documents for Proposed Sanitation Fee Adjustment in Compliance with Proposition 218 Requirements (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: Authorize and direct staff to initiate the process for adjusting the Sanitation Fee, as per the Proposition 218 requirements, including, but not limited to, all of the following:
a. Prepare and mail proposed rate adjustment notices to all Santa Ana property owners in compliance with Proposition 218 requirements at a cost not to exceed $100,000;
b. Schedule a public hearing at a future City Council meeting on or after February 6, 2024; and
c. Prepare all other documents to proceed with proposed sanitation fee adjustment.
5. Approve Additional Contingency Funds in the Amount of $3,520,000 for an Existing Construction Contract with ByromDavey, Inc. for the Santa Anita Park Improvements Including New Synthetic Soccer Field and Community Center Renovations with an Estimated Project Delivery Cost of $18,033,011 (Project No. 197527) (NonGeneral Fund) (Revive Santa Ana Program)
Department(s): Public Works Agency
Recommended Action: 1. Approve an amendment to the Project Cost Analysis in the amount of $3,520,000 in additional contingency funds for a total estimated construction delivery cost of $18,033,011, which includes $7,317,701 for the construction contract; $731,770 for contract administration, inspection, and testing; and a $9,983,540 project contingency for unanticipated or unforeseen work, subject to nonsubstantive changes approved by the City Manager and City Attorney.
2. Approve an amendment to the Fiscal Year 202324 Capital Improvement Program to include $3,520,000 in construction funds for Santa Anita Park Improvements and New Synthetic Soccer Field (Project No. 197527).
3. Determine that, in accordance with the California Environmental Quality Act (CEQA), the recommended action is exempt from further review. Categorical Exemption Environmental Review No. ER202177 was filed for the project.
6. Amend the Agreement with Amtech Elevator Services by Increasing the Total Contract Amount Not to Exceed to $1,674,168 for the Remainder of the Contract Term (Specification No. 20068) (General Fund and NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: Amend the agreement with Amtech Elevator Services to provide elevator maintenance and repair services at various City facilities and increase the total not to exceed amount available under the Agreement by an additional $717,168, for a total not to exceed amount of $1,674,168 over the remaining term of the Agreement, including all extension periods, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2023XXX).
7. Amendment to the Fiscal Year 202324 CIP, and Amendment to the Agreement with ELS Architecture and Urban Design to Increase the Contract Amount for the Memorial Park and Aquatics Facility Renovation. (Project No. 221415) (NonGeneral Fund) (Revive Santa Ana Program)
Department(s): Public Works Agency
Recommended Action: 1. Approve an appropriation adjustment to recognize $8,398,266 in revenue received in the current year and from prior years into the Residential Development District 3, Park Acquisition & Development Fees revenue account and appropriate the same amount into the Residential Development District 3, Improvements Other Than Building expenditure account. (Requires five affirmative votes)
2. Approve an appropriation adjustment to recognize $41,829 in revenue received from prior years, the Residential Development District 3, Park Acquisition & Development Fees revenue account and appropriate the same amount into the Residential Development District 3In Lieu, Improvements Other Than Building expenditure account. (Requires five affirmative votes)
3. Approve an amendment to the Fiscal Year 202324 Capital Improvement Program to include $11,298,265 for the Memorial Park and Aquatic Facility Renovation (Project No. 221415) (NonGeneral Fund)
4. Authorize the City Manager to execute the first amendment to the agreement with ELS Architecture and Urban Design to increase the Contract Amount by $1,079,000 for a total amount not to exceed $2,858,170 for the architectural design services for a new Memorial Park and Aquatics Facility Renovation for the remaining term of the agreement, beginning December 5, 2023 through August 14, 2026, including up to two oneyear periods upon a writing executed by the City Manager and City Attorney (Agreement No. 2023XXX).
8. Approve an Agreement with City Net to Provide Street Outreach and Engagement Services for QualityofLife Services, in an Amount Not to Exceed $3,841,845.51, Beginning January 1, 2024 Through December 31, 2024 (NonGeneral Fund) Department(s): Community Development Agency
Recommended Action:
1. Authorize the City Manager to execute an agreement with Kingdom Causes, Inc.
DBA City Net in an amount not to exceed $3,841,845.51 for the Santa Ana Multidisciplinary Street Outreach and Engagement (SMART) Program that responds to reports for qualityoflife services from January 1, 2024 through December 31, 2024, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2023XXX).
2. Authorize the City Manager to execute agreements required by state or federal agencies for the use of Homeless Housing, Assistance and Prevention (HHAP) funding, or for any additional funding that may become available.
9. Approve an Agreement with Iron Mountain Information Management, LLC for Document Storage for the Housing Authority, Community Development Agency and Finance & Management Services Agency
Department(s): Community Development Agency
Recommended Action: Authorize the Interim City Manager to execute an agreement with Iron Mountain Information Management, LLC to provide offsite document storage of Community Development Agency and Finance & Management Services records in an amount not to exceed $142,700, for a threeyear term beginning January 1, 2024 and expiring December 31, 2026 with an option of two oneyear extensions, subject to nonsubstantive changes approved by the City Manager and City Attorney (Contingent upon approval of Housing Authority Item # 3) (Agreement No. 2023XXX).
10. Approve a First Amendment to the Memorandum of Understanding between the City of Santa Ana and the Confidential Association of Santa Ana Department(s): Human Resources
Recommended Action: Authorize the Interim City Manager to execute a First 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, modifying and delineating specific articles of the MOU subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2023XXX).
11. A Resolution Authorizing Application to the California State Department of Housing and Community Development for the Prohousing Designation Program Department(s): Planning and Building Agency
Recommended Action: Adopt a Resolution authorizing the application to the California State Department of Housing and Community Development Prohousing Designation Program.
RESOLUTION NO. 2023XXXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE APPLICATION TO AND PARTICIPATION IN THE PROHOUSING DESIGNATION PROGRAM
12. Second OneYear Extension of Site Plan Review No. 202003 and Variance No. 202006 for the 4th and Mortimer MixedUse Development Project Located at 409 and 509 East Fourth Street
Department(s): Planning and Building Agency
Recommended Action:
1. Adopt a resolution approving a oneyear extension of Site Plan Review No. 202003 and Variance No. 202006 to December 15, 2024.
RESOLUTION NO. 2023XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING A SECOND ONE YEAR EXTENSION OF SITE PLAN REVIEW 202003 AND VARIANCE NO. 202006 FOR THE 4TH AND MORTIMER MIXEDUSE DEVELOPMENT TO BE LOCATED AT 409 AND 509 EAST FOURTH STREET
2. Determine that in accordance with 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.
13. Resolution Authorizing a Grant Application Submission for the Bureau of Reclamation WaterSMART Drought Response Program for the Pressure Reducing Station No. 2 Relocation and Emergency Booster Pump Station Project (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: Adopt a Resolution authorizing the Executive Director of the Public Works Agency to submit a grant application to the U.S. Department of the Interior, Bureau of Reclamation’s Sustain and Manage America’s Resources for Tomorrow Drought Response Program Grant for the Pressure Reducing Station No. 2 Relocation and Emergency Booster Pump Station Project, in an amount not to exceed $1,801,250.
RESOLUTION NO. 2023XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING AN APPLICATION FOR GRANT FUNDING BY THE BUREAU OF RECLAMATION’S WATERSMART DROUGHT RESPONSE PROGRAM GRANT PROGRAM FOR THE PRESSURE REDUCING STATION NO. 2 RELOCATION AND EMERGENCY BOOSTER STATION PROJECT
14. Resolutions Authorizing the Executive Director of the Public Works Agency to Execute Grant Agreements with the California Department of Transportation for the Santa Ana Regional Transportation Center Beautification Projects
Department(s): Public Works Agency
Recommended Action: 1. Adopt a resolution authorizing the Executive Director of the Public Works Agency to execute a grant agreement with the California Department of Transportation for the Santa Ana Regional Transportation Center Painting and Wrought Iron Fencing Project.
RESOLUTION NO. 2023XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE EXECUTIVE DIRECTOR OF THE PUBLIC WORKS AGENCY TO EXECUTE AGREEMENTS WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR THE SANTA ANA REGIONAL TRANSPORTATION CENTER PAINTING AND WROUGHT IRON FENCING
PROJECT
2. Adopt a resolution authorizing the Executive Director of the Public Works Agency to execute a grant agreement with the California Department of Transportation for the Santa Ana Regional Transportation Center Outdoor Water Fountain Renovation Project.
RESOLUTION NO. 2023XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE EXECUTIVE DIRECTOR OF THE PUBLIC WORKS AGENCY TO EXECUTE AGREEMENTS WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR THE SANTA ANA REGIONAL TRANSPORTATION CENTER OUTDOOR WATER FOUNTAIN RENOVATION
PROJECT
15. Resolution Declaring the Results of the November 14, 2023 Special Municipal Recall Election
Department(s): City Clerk’s Office
Recommended Action: Adopt a Resolution declaring the results of the Special Recall Election held in Ward 3 of the City of Santa Ana on November 14, 2023.
RESOLUTION NO. 2023XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA RECITING THE FACT OF THE SPECIAL MUNICIPAL RECALL ELECTION HELD ON TUESDAY, NOVEMBER 14, 2023, DECLARING THE RESULT, AND SUCH OTHER MATTERS AS MAY BE PROVIDED BY LAW (staff report and related documents uploaded, 11/29/23, 6:00P.M.)
16. Second Reading of Ordinance Amending Section 2325 of the Santa Ana Municipal Code to Provide That Compensation for City Boards and Commissions Shall be Set by Resolution of the City Council; Resolution Amending Resolution No. 2019034 and Setting Compensation for all City Boards and Commissions First reading at the November 21, 2023 City Council meeting and approved by a unanimous vote.
Published in the Orange County Reporter on November 27, 2023.
Department(s): City Manager’s Office
Recommended Action:
1. Adopt an ordinance amending Section 2325 of the Santa Ana Municipal Code to provide that compensation for City boards and commissions shall be set by resolution of the City Council.
ORDINANCE NO. NS3053 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SECTION 2325 OF THE SANTA ANA MUNICIPAL CODE TO PROVIDE THAT COMPENSATION FOR CITY BOARDS AND COMMISSIONS SHALL BE SET BY RESOLUTION OF THE CITY COUNCIL
2. Adopt a resolution amending Resolution No. 2019034 and setting the compensation for all City boards and commissions.
RESOLUTION NO. 2023XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING RESOLUTION NO. 2019034 AND SETTING COMPENSATION FOR ALL CITY BOARDS AND
COMMISSIONS
17. Second Reading of Ordinance Approving Amendment Application No. 202301 to Change the Zoning District Designation of the Public Park Located at 1117 S.
Standard Avenue from MultipleFamily Residence (R3) to Open Space Land (O) for Consistency with the General Plan Land Use Designation of Open Space First reading at the November 21, 2023 City Council meeting and approved by a unanimous vote.
Published in the Orange County Reporter on November 27, 2023.
Department(s): Planning and Building Agency
Recommended Action: 1. Conduct a second reading and adopt an ordinance approving Amendment Application No. 202301 for Standard and McFadden Public Park located at 1117 S. Standard Avenue;
ORDINANCE NO. NS3054 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 202301 REZONING THE PROPERTIES LOCATED 1113, 1117, 1121, AND 1125 SOUTH STANDARD AVENUE AND RECOGNIZED AS ASSESSOR PARCEL NUMBERS 01125117, 01125118, 01125119, 01125120, 01125138 AND 01125139 (from MultiFamily Residence (R3) to Open Space Land (O)); read by title only and waive further reading.
2. Determine that in accordance with the California Environmental Quality Act (CEQA) and Section 15162 of the CEQA Guidelines, the project is within the scope of the 2022 Santa Ana General Plan Environmental Impact Report (EIR) (SCH No. 2020029087). Furthermore, these actions are categorically exempt from further review per Section 15304 (Class 4 – Minor Alterations of Land) of the CEQA Guidelines. Class 4 consists of minor public or private alterations in the condition of land, water, and/or vegetation which do not involve removal of healthy, mature, scenic trees except for forestry and agricultural purposes. As such, a Notice of Determination, Environmental Review No. 202078, will be filed for this project. **END OF CONSENT CALENDAR**
BUSINESS CALENDAR
18. Fee Deferral Agreement for the Central Pointe MixedUse Development Located at 1801 E. Fourth Street
Department(s): Planning and Building Agency
Recommended Action: Based on the discussion in this staff report, it is recommended that the City Council take one of the following two actions:
1. Deny a request by the applicant to execute a fee deferral agreement for the Central Pointe mixeduse development located at 1801 E. Fourth Street, OR
2. Authorize the City Manager to execute a fee deferral agreement for the Central Pointe mixeduse development located at 1801 E. Fourth Street (Agreement No. 2023XXX).
**END OF BUSINESS CALENDAR**
COUNCILMEMBER REQUESTED ITEMS
19. Discuss and Consider Directing the Interim City Manager to Prepare a Resolution for City Council’s Consideration to Call in Support of a Ceasefire in Gaza – Councilmembers Vazquez and Hernandez
CITY MANAGER COMMENTS
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.
ADJOURNMENT – Adjourn the City Council meeting and convene to the Housing Authority meeting.
Future Items
1. FY202425 Budget Calendar
2. Enterprise Vehicle Lease Agreement
3. Selection of Mayor Pro Tem for 2024
POSTING STATEMENT: On November 28, 2023, a true and correct copy of this agenda was posted at the entrance to City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. Internet Access to City Council, Agency, and Authority agendas and related material is available prior to meetings at santaana.org/agendasandminutes
HOUSING AUTHORITY
CALL TO ORDER
ATTENDANCE Authority Members Phil Bacerra
Johnathan Ryan Hernandez
David Penaloza
Thai Viet Phan
Benjamin Vazquez
Vice Chair Jessie Lopez
Chair Valerie Amezcua
Interim City Manager Tom Hatch
City Attorney Sonia R. Carvalho
Recording Secretary Jennifer L. Hall
ROLL CALL
ADDITIONS\DELETIONS TO THE HOUSING AUTHORITY AGENDA
PUBLIC COMMENTS – Members of the public may address Housing Authority on items on the Housing Authority agenda.
CONSENT CALENDAR
RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 1 and 3 and waive readings for resolutions and ordinances.
1. Excused Absences
Department(s): City Clerk’s Office
Recommended Action: Excuse the absent members.
2. Minutes of the Special Meeting of May 16, 2023 and the Regular Meeting of November 7, 2023
Department(s): City Clerk’s Office
Recommended Action: Approve minutes.
3. Approve an Agreement with Iron Mountain Information Management, LLC for Document Storage for the Housing Authority, Community Development Agency and Finance & Management Services Agency(General Fund and NonGeneral Fund) Department(s): Community Development Agency
Recommended Action: Authorize the Executive Director of the Housing Authority to execute an agreement with Iron Mountain Information Management, LLC to provide offsite document storage of Housing Authority records in an amount not to exceed $142,700, for a threeyear term beginning January 1, 2024 and expiring December 31, 2026 with an option of two oneyear extensions, subject to nonsubstantive changes approved by the Executive Director and the Housing Authority General Counsel (Contingent upon approval of City Council Item # 9) (Agreement No. 2023XXX). **END OF CONSENT CALENDAR**
HOUSING AUTHORITY MEMBER COMMENTS
ADJOURNMENT – Adjourn the Housing Authority meeting.
POSTING STATEMENT: On November 28, 2023, a true and correct copy of this agenda was posted at the entrance to City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. Internet Access to City Council, Agency, and Authority agendas and related material is available prior to meetings at santaana.org/citymeetings.
12/5/2023
City Council and Housing Authority
Meeting Agenda
December 5, 2023
CLOSED SESSION MEETING – 5:00 PM
REGULAR OPEN MEETING – 5:30 PM
(Immediately following the Closed Session Meeting)
CITY COUNCIL CHAMBER
22 Civic Center Plaza Santa Ana, CA 92701
Valerie Amezcua
Mayor
Thai Viet Phan
Councilmember – Ward 1
Benjamin Vazquez
Councilmember Ward 2
Jessie Lopez
Mayor Pro Tem Ward 3
Phil Bacerra
Councilmember Ward 4
Johnathan Ryan Hernandez
Councilmember Ward 5
David Penaloza
Councilmember Ward 6
Mayor and Council telephone: 7146476900
Agenda item inquiries: 7146476520
Sonia R. Carvalho
City Attorney
Tom Hatch
Interim City Manager
Jennifer L. Hall
City Clerk
In 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 enable the City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supporting documentation can be found on the City’s website – www.santaana.org/agendasandminutes CITY VISION AND CODE OF ETHICS
The City of Santa Ana is committed to achieving a shared vision for the organization and its community. The Vision, Mission and Guiding Principles (Values) are the result of a thoughtful and inclusive process designed to set the City and organization on a course that meets the challenges of today and tomorrow, as follows:
Vision The dynamic center of Orange County which is acclaimed for our: Investment in youth • Safe and healthy community • Neighborhood pride • Thriving economic climate • Enriched and diverse culture • Quality government services Mission To deliver efficient public services in partnership with our community which ensures public safety, a prosperous economic environment, opportunities for our youth, and a high quality of life for residents.
Guiding Principles Collaboration • Efficiency • Equity • Excellence • Fiscal Responsibility • Innovation • Transparency
Code of Ethics and Conduct At the Special Municipal Election held on February 5, 2008, voters approved an amendment to the City Charter which established the Code of Ethics and Conduct for elected officials and members of appointed boards, commissions, and committees to assure public confidence. The following are the core values expressed: • Integrity • Honesty • Responsibility • Fairness • Accountability • Respect • Efficiency Members of the public may attend the City Council meeting inperson or join via Zoom. As a courtesy to the public, the City Council meeting will occur live via teleconference Zoom webinar. You may view the meeting from your computer, tablet, or smart phone via YouTube LiveStream at www.youtube.com/user/SantaAnaLibrary or on CTV3, available on Spectrum channel 3.
PUBLIC COMMENTS – Members of the public who wish to address the City Council on closed session items, items on the regular agenda, or on matters which are not on the agenda but are within the subject matter jurisdiction of the City Council, may do so by one of the 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 written communications received via mail by 4:00 p.m. on the day of the meeting will be distributed to the City Council and imaged into the City’s document archive system which is available for public review.
SENDING EMAIL OPTION – Public comments may be sent via email to the City Clerk’s office at eComment@santaana.org. Please note the agenda item you are commenting on in the subject line of the email. All emails received two (2) hours before the scheduled start of the meeting will be distributed to the City Council and imaged into the City’s document archive system which is available for public review.
LIVE VIRTUAL OPTION – As a courtesy, members of the public may provide live comments during the meeting by Zoom or Conference Call. To join by Zoom click on or type the following address into your web browser
https://us02web.zoom.us/j/315965149. To join the Conference Call: Dial (669) 900 9128 and enter MEETING ID: 315 965 149#. You will be prompted by the City Clerk when it is time for a: i) closed session item, ii) general agenda item, iii) public hearing item, iv) special agenda item, or v) for Housing Authority item. You may request to speak by dialing *9 from your phone or you may virtually raise your hand from Zoom.
After the Clerk confirms the last three digits of the caller’s phone number or Zoom ID and unmutes them, the caller must press *6 or microphone icon to speak. Callers are encouraged, but not required, to identify themselves by name. Each caller will be provided three (3) minutes to speak, unless due to the number of speakers wanting to speak a decision is made to provide a different amount of time to speak.
INPERSON OPTION Members of the public can provide inperson comments at the podium in the Council Chamber. The Council Chamber will have seating available for members of the public to attend the meeting inperson. Public comments are limited to three (3) minutes per speaker, unless a different time is announced by the presiding chair. Speakers who wish to address the Council must do so by submitting a “Request to Speak” card by 5:00 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 be accepted after the Public Comment Session begins without the permission of the presiding chair.
The following designated public comment periods are:
1. LIVE PUBLIC COMMENTS ON CLOSED SESSION ITEMS – You can provide live comments on closed session items by joining Zoom or the Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will open at 4:30 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL and raise your hand BY 5:00 p.m. Speakers who are not in the speaker queue with their hand raised by 5:00 p.m. will not be permitted to speak.
2. LIVE PUBLIC COMMENTS ON REGULAR AGENDA ITEMS AND NONAGENDA ITEMS (GENERAL PUBLIC COMMENT) – You can provide comments by joining Zoom or the Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will open at 4:30 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL and raise your hand PRIOR TO 5:45 p.m. Speakers who are not in the 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 provide comments by joining Zoom or the Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speakers not in the queue by 5:45 p.m. will not be permitted to speak.
4. LIVE PUBLIC COMMENTS ON HOUSING AUTHORITY ITEMS – You can provide comments by joining Zoom or the Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speakers not in the queue by 5:45 p.m. will not be permitted to speak.
TRANSLATION SERVICES Spanish interpreting services are provided at City Council meetings. Simultaneous Spanish interpretation is provided through the use of headsets and consecutive interpretation (SpanishtoEnglish) in addition to those wishing 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 y la interpretación consecutiva (español a inglés) también está disponible para cualquiera que desee dirigirse al consejo municipal en el podio.
About the Agenda
To download or view the attachments (staff report and other supporting documentation) for each agenda item, you must select the agenda item to see the attachments to either open in a new link (the eyeball
) or download a pdf (the cloud symbol with the down arrow ).
CLOSED SESSION
CALL TO ORDER
ATTENDANCE Council Members Phil Bacerra
Johnathan Ryan Hernandez
David Penaloza
Thai Viet Phan
Benjamin Vazquez
Mayor Pro Tem Jessie Lopez
Mayor Valerie Amezcua
Interim City Manager Tom Hatch
City Attorney Sonia R. Carvalho
City Clerk Jennifer L. Hall
ROLL CALL
ADDITIONS\DELETIONS TO CLOSED SESSION
PUBLIC COMMENTS – Members of the public may address the City Council on Closed Session items.
RECESS – City Council will recess to Closed Session for the purpose of conducting regular City business.
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:
Anthony Gonzalez, et al. v. City of Santa Ana, et al., Orange County Superior Court, Case No. 30202201284596
2. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a):
Agency Negotiator: Ramon Figueroa, Acting Human Resources Executive Director Employe Organization:
Santa Ana Police Officers Association (POA)
RECONVENE – City Council will reconvene to continue regular City business.
CITY COUNCIL REGULAR OPEN SESSION
CALL TO ORDER
ATTENDANCE Council Members Phil Bacerra
Johnathan Ryan Hernandez
David Penaloza
Thai Viet Phan
Benjamin Vazquez
Mayor Pro Tem Jessie Lopez
Mayor Valerie Amezcua
Interim City Manager Tom Hatch
City Attorney Sonia R. Carvalho
City Clerk Jennifer L. Hall
ROLL CALL
PLEDGE OF ALLEGIANCE Mayor Amezcua
WORDS OF INSPIRATION Police Chaplain
ADDITIONS\DELETIONS TO THE AGENDA
CEREMONIAL PRESENTATIONS
1. Certificates of Recognition presented by Mayor Amezcua to The Mater Dei High School Varsity Cheerleading Team for Exceptional Athletic Accomplishments CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed Session.
PUBLIC COMMENTS – Public comments will be held during the beginning of the meeting for ALL comments on agenda and nonagenda items.
CONSENT CALENDAR
RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 2 through 17 and waive reading of all resolutions and ordinances.
2. Excused Absences
Department(s): City Clerk’s Office
Recommended Action: Excuse the absent members.
3. Minutes from the Regular Meeting of May 2, 2023, the Special Meeting of May 11, 2023, and the Special Closed Session and Regular Meeting of May 16, 2023 Department(s): City Clerk’s Office
Recommended Action: Approve minutes.
4. Authorization to Prepare Documents for Proposed Sanitation Fee Adjustment in Compliance with Proposition 218 Requirements (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: Authorize and direct staff to initiate the process for adjusting the Sanitation Fee, as per the Proposition 218 requirements, including, but not limited to, all of the following:
a. Prepare and mail proposed rate adjustment notices to all Santa Ana property owners in compliance with Proposition 218 requirements at a cost not to exceed $100,000;
b. Schedule a public hearing at a future City Council meeting on or after February 6, 2024; and
c. Prepare all other documents to proceed with proposed sanitation fee adjustment.
5. Approve Additional Contingency Funds in the Amount of $3,520,000 for an Existing Construction Contract with ByromDavey, Inc. for the Santa Anita Park Improvements Including New Synthetic Soccer Field and Community Center Renovations with an Estimated Project Delivery Cost of $18,033,011 (Project No. 197527) (NonGeneral Fund) (Revive Santa Ana Program)
Department(s): Public Works Agency
Recommended Action: 1. Approve an amendment to the Project Cost Analysis in the amount of $3,520,000 in additional contingency funds for a total estimated construction delivery cost of $18,033,011, which includes $7,317,701 for the construction contract; $731,770 for contract administration, inspection, and testing; and a $9,983,540 project contingency for unanticipated or unforeseen work, subject to nonsubstantive changes approved by the City Manager and City Attorney.
2. Approve an amendment to the Fiscal Year 202324 Capital Improvement Program to include $3,520,000 in construction funds for Santa Anita Park Improvements and New Synthetic Soccer Field (Project No. 197527).
3. Determine that, in accordance with the California Environmental Quality Act (CEQA), the recommended action is exempt from further review. Categorical Exemption Environmental Review No. ER202177 was filed for the project.
6. Amend the Agreement with Amtech Elevator Services by Increasing the Total Contract Amount Not to Exceed to $1,674,168 for the Remainder of the Contract Term (Specification No. 20068) (General Fund and NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: Amend the agreement with Amtech Elevator Services to provide elevator maintenance and repair services at various City facilities and increase the total not to exceed amount available under the Agreement by an additional $717,168, for a total not to exceed amount of $1,674,168 over the remaining term of the Agreement, including all extension periods, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2023XXX).
7. Amendment to the Fiscal Year 202324 CIP, and Amendment to the Agreement with ELS Architecture and Urban Design to Increase the Contract Amount for the Memorial Park and Aquatics Facility Renovation. (Project No. 221415) (NonGeneral Fund) (Revive Santa Ana Program)
Department(s): Public Works Agency
Recommended Action: 1. Approve an appropriation adjustment to recognize $8,398,266 in revenue received in the current year and from prior years into the Residential Development District 3, Park Acquisition & Development Fees revenue account and appropriate the same amount into the Residential Development District 3, Improvements Other Than Building expenditure account. (Requires five affirmative votes)
2. Approve an appropriation adjustment to recognize $41,829 in revenue received from prior years, the Residential Development District 3, Park Acquisition & Development Fees revenue account and appropriate the same amount into the Residential Development District 3In Lieu, Improvements Other Than Building expenditure account. (Requires five affirmative votes)
3. Approve an amendment to the Fiscal Year 202324 Capital Improvement Program to include $11,298,265 for the Memorial Park and Aquatic Facility Renovation (Project No. 221415) (NonGeneral Fund)
4. Authorize the City Manager to execute the first amendment to the agreement with ELS Architecture and Urban Design to increase the Contract Amount by $1,079,000 for a total amount not to exceed $2,858,170 for the architectural design services for a new Memorial Park and Aquatics Facility Renovation for the remaining term of the agreement, beginning December 5, 2023 through August 14, 2026, including up to two oneyear periods upon a writing executed by the City Manager and City Attorney (Agreement No. 2023XXX).
8. Approve an Agreement with City Net to Provide Street Outreach and Engagement Services for QualityofLife Services, in an Amount Not to Exceed $3,841,845.51, Beginning January 1, 2024 Through December 31, 2024 (NonGeneral Fund) Department(s): Community Development Agency
Recommended Action:
1. Authorize the City Manager to execute an agreement with Kingdom Causes, Inc.
DBA City Net in an amount not to exceed $3,841,845.51 for the Santa Ana Multidisciplinary Street Outreach and Engagement (SMART) Program that responds to reports for qualityoflife services from January 1, 2024 through December 31, 2024, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2023XXX).
2. Authorize the City Manager to execute agreements required by state or federal agencies for the use of Homeless Housing, Assistance and Prevention (HHAP) funding, or for any additional funding that may become available.
9. Approve an Agreement with Iron Mountain Information Management, LLC for Document Storage for the Housing Authority, Community Development Agency and Finance & Management Services Agency
Department(s): Community Development Agency
Recommended Action: Authorize the Interim City Manager to execute an agreement with Iron Mountain Information Management, LLC to provide offsite document storage of Community Development Agency and Finance & Management Services records in an amount not to exceed $142,700, for a threeyear term beginning January 1, 2024 and expiring December 31, 2026 with an option of two oneyear extensions, subject to nonsubstantive changes approved by the City Manager and City Attorney (Contingent upon approval of Housing Authority Item # 3) (Agreement No. 2023XXX).
10. Approve a First Amendment to the Memorandum of Understanding between the City of Santa Ana and the Confidential Association of Santa Ana Department(s): Human Resources
Recommended Action: Authorize the Interim City Manager to execute a First 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, modifying and delineating specific articles of the MOU subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2023XXX).
11. A Resolution Authorizing Application to the California State Department of Housing and Community Development for the Prohousing Designation Program Department(s): Planning and Building Agency
Recommended Action: Adopt a Resolution authorizing the application to the California State Department of Housing and Community Development Prohousing Designation Program.
RESOLUTION NO. 2023XXXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE APPLICATION TO AND PARTICIPATION IN THE PROHOUSING DESIGNATION PROGRAM
12. Second OneYear Extension of Site Plan Review No. 202003 and Variance No. 202006 for the 4th and Mortimer MixedUse Development Project Located at 409 and 509 East Fourth Street
Department(s): Planning and Building Agency
Recommended Action:
1. Adopt a resolution approving a oneyear extension of Site Plan Review No. 202003 and Variance No. 202006 to December 15, 2024.
RESOLUTION NO. 2023XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING A SECOND ONE YEAR EXTENSION OF SITE PLAN REVIEW 202003 AND VARIANCE NO. 202006 FOR THE 4TH AND MORTIMER MIXEDUSE DEVELOPMENT TO BE LOCATED AT 409 AND 509 EAST FOURTH STREET
2. Determine that in accordance with 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.
13. Resolution Authorizing a Grant Application Submission for the Bureau of Reclamation WaterSMART Drought Response Program for the Pressure Reducing Station No. 2 Relocation and Emergency Booster Pump Station Project (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: Adopt a Resolution authorizing the Executive Director of the Public Works Agency to submit a grant application to the U.S. Department of the Interior, Bureau of Reclamation’s Sustain and Manage America’s Resources for Tomorrow Drought Response Program Grant for the Pressure Reducing Station No. 2 Relocation and Emergency Booster Pump Station Project, in an amount not to exceed $1,801,250.
RESOLUTION NO. 2023XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING AN APPLICATION FOR GRANT FUNDING BY THE BUREAU OF RECLAMATION’S WATERSMART DROUGHT RESPONSE PROGRAM GRANT PROGRAM FOR THE PRESSURE REDUCING STATION NO. 2 RELOCATION AND EMERGENCY BOOSTER STATION PROJECT
14. Resolutions Authorizing the Executive Director of the Public Works Agency to Execute Grant Agreements with the California Department of Transportation for the Santa Ana Regional Transportation Center Beautification Projects
Department(s): Public Works Agency
Recommended Action: 1. Adopt a resolution authorizing the Executive Director of the Public Works Agency to execute a grant agreement with the California Department of Transportation for the Santa Ana Regional Transportation Center Painting and Wrought Iron Fencing Project.
RESOLUTION NO. 2023XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE EXECUTIVE DIRECTOR OF THE PUBLIC WORKS AGENCY TO EXECUTE AGREEMENTS WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR THE SANTA ANA REGIONAL TRANSPORTATION CENTER PAINTING AND WROUGHT IRON FENCING
PROJECT
2. Adopt a resolution authorizing the Executive Director of the Public Works Agency to execute a grant agreement with the California Department of Transportation for the Santa Ana Regional Transportation Center Outdoor Water Fountain Renovation Project.
RESOLUTION NO. 2023XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE EXECUTIVE DIRECTOR OF THE PUBLIC WORKS AGENCY TO EXECUTE AGREEMENTS WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR THE SANTA ANA REGIONAL TRANSPORTATION CENTER OUTDOOR WATER FOUNTAIN RENOVATION
PROJECT
15. Resolution Declaring the Results of the November 14, 2023 Special Municipal Recall Election
Department(s): City Clerk’s Office
Recommended Action: Adopt a Resolution declaring the results of the Special Recall Election held in Ward 3 of the City of Santa Ana on November 14, 2023.
RESOLUTION NO. 2023XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA RECITING THE FACT OF THE SPECIAL MUNICIPAL RECALL ELECTION HELD ON TUESDAY, NOVEMBER 14, 2023, DECLARING THE RESULT, AND SUCH OTHER MATTERS AS MAY BE PROVIDED BY LAW (staff report and related documents uploaded, 11/29/23, 6:00P.M.)
16. Second Reading of Ordinance Amending Section 2325 of the Santa Ana Municipal Code to Provide That Compensation for City Boards and Commissions Shall be Set by Resolution of the City Council; Resolution Amending Resolution No. 2019034 and Setting Compensation for all City Boards and Commissions First reading at the November 21, 2023 City Council meeting and approved by a unanimous vote.
Published in the Orange County Reporter on November 27, 2023.
Department(s): City Manager’s Office
Recommended Action:
1. Adopt an ordinance amending Section 2325 of the Santa Ana Municipal Code to provide that compensation for City boards and commissions shall be set by resolution of the City Council.
ORDINANCE NO. NS3053 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SECTION 2325 OF THE SANTA ANA MUNICIPAL CODE TO PROVIDE THAT COMPENSATION FOR CITY BOARDS AND COMMISSIONS SHALL BE SET BY RESOLUTION OF THE CITY COUNCIL
2. Adopt a resolution amending Resolution No. 2019034 and setting the compensation for all City boards and commissions.
RESOLUTION NO. 2023XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING RESOLUTION NO. 2019034 AND SETTING COMPENSATION FOR ALL CITY BOARDS AND
COMMISSIONS
17. Second Reading of Ordinance Approving Amendment Application No. 202301 to Change the Zoning District Designation of the Public Park Located at 1117 S.
Standard Avenue from MultipleFamily Residence (R3) to Open Space Land (O) for Consistency with the General Plan Land Use Designation of Open Space First reading at the November 21, 2023 City Council meeting and approved by a unanimous vote.
Published in the Orange County Reporter on November 27, 2023.
Department(s): Planning and Building Agency
Recommended Action: 1. Conduct a second reading and adopt an ordinance approving Amendment Application No. 202301 for Standard and McFadden Public Park located at 1117 S. Standard Avenue;
ORDINANCE NO. NS3054 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 202301 REZONING THE PROPERTIES LOCATED 1113, 1117, 1121, AND 1125 SOUTH STANDARD AVENUE AND RECOGNIZED AS ASSESSOR PARCEL NUMBERS 01125117, 01125118, 01125119, 01125120, 01125138 AND 01125139 (from MultiFamily Residence (R3) to Open Space Land (O)); read by title only and waive further reading.
2. Determine that in accordance with the California Environmental Quality Act (CEQA) and Section 15162 of the CEQA Guidelines, the project is within the scope of the 2022 Santa Ana General Plan Environmental Impact Report (EIR) (SCH No. 2020029087). Furthermore, these actions are categorically exempt from further review per Section 15304 (Class 4 – Minor Alterations of Land) of the CEQA Guidelines. Class 4 consists of minor public or private alterations in the condition of land, water, and/or vegetation which do not involve removal of healthy, mature, scenic trees except for forestry and agricultural purposes. As such, a Notice of Determination, Environmental Review No. 202078, will be filed for this project. **END OF CONSENT CALENDAR**
BUSINESS CALENDAR
18. Fee Deferral Agreement for the Central Pointe MixedUse Development Located at 1801 E. Fourth Street
Department(s): Planning and Building Agency
Recommended Action: Based on the discussion in this staff report, it is recommended that the City Council take one of the following two actions:
1. Deny a request by the applicant to execute a fee deferral agreement for the Central Pointe mixeduse development located at 1801 E. Fourth Street, OR
2. Authorize the City Manager to execute a fee deferral agreement for the Central Pointe mixeduse development located at 1801 E. Fourth Street (Agreement No. 2023XXX).
**END OF BUSINESS CALENDAR**
COUNCILMEMBER REQUESTED ITEMS
19. Discuss and Consider Directing the Interim City Manager to Prepare a Resolution for City Council’s Consideration to Call in Support of a Ceasefire in Gaza – Councilmembers Vazquez and Hernandez
CITY MANAGER COMMENTS
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.
ADJOURNMENT – Adjourn the City Council meeting and convene to the Housing Authority meeting.
Future Items
1. FY202425 Budget Calendar
2. Enterprise Vehicle Lease Agreement
3. Selection of Mayor Pro Tem for 2024
POSTING STATEMENT: On November 28, 2023, a true and correct copy of this agenda was posted at the entrance to City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. Internet Access to City Council, Agency, and Authority agendas and related material is available prior to meetings at santaana.org/agendasandminutes
HOUSING AUTHORITY
CALL TO ORDER
ATTENDANCE Authority Members Phil Bacerra
Johnathan Ryan Hernandez
David Penaloza
Thai Viet Phan
Benjamin Vazquez
Vice Chair Jessie Lopez
Chair Valerie Amezcua
Interim City Manager Tom Hatch
City Attorney Sonia R. Carvalho
Recording Secretary Jennifer L. Hall
ROLL CALL
ADDITIONS\DELETIONS TO THE HOUSING AUTHORITY AGENDA
PUBLIC COMMENTS – Members of the public may address Housing Authority on items on the Housing Authority agenda.
CONSENT CALENDAR
RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 1 and 3 and waive readings for resolutions and ordinances.
1. Excused Absences
Department(s): City Clerk’s Office
Recommended Action: Excuse the absent members.
2. Minutes of the Special Meeting of May 16, 2023 and the Regular Meeting of November 7, 2023
Department(s): City Clerk’s Office
Recommended Action: Approve minutes.
3. Approve an Agreement with Iron Mountain Information Management, LLC for Document Storage for the Housing Authority, Community Development Agency and Finance & Management Services Agency(General Fund and NonGeneral Fund) Department(s): Community Development Agency
Recommended Action: Authorize the Executive Director of the Housing Authority to execute an agreement with Iron Mountain Information Management, LLC to provide offsite document storage of Housing Authority records in an amount not to exceed $142,700, for a threeyear term beginning January 1, 2024 and expiring December 31, 2026 with an option of two oneyear extensions, subject to nonsubstantive changes approved by the Executive Director and the Housing Authority General Counsel (Contingent upon approval of City Council Item # 9) (Agreement No. 2023XXX). **END OF CONSENT CALENDAR**
HOUSING AUTHORITY MEMBER COMMENTS
ADJOURNMENT – Adjourn the Housing Authority meeting.
POSTING STATEMENT: On November 28, 2023, a true and correct copy of this agenda was posted at the entrance to City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. Internet Access to City Council, Agency, and Authority agendas and related material is available prior to meetings at santaana.org/citymeetings.
12/5/2023
City Council and Housing Authority
Meeting Agenda
December 5, 2023
CLOSED SESSION MEETING – 5:00 PM
REGULAR OPEN MEETING – 5:30 PM
(Immediately following the Closed Session Meeting)
CITY COUNCIL CHAMBER
22 Civic Center Plaza Santa Ana, CA 92701
Valerie Amezcua
Mayor
Thai Viet Phan
Councilmember – Ward 1
Benjamin Vazquez
Councilmember Ward 2
Jessie Lopez
Mayor Pro Tem Ward 3
Phil Bacerra
Councilmember Ward 4
Johnathan Ryan Hernandez
Councilmember Ward 5
David Penaloza
Councilmember Ward 6
Mayor and Council telephone: 7146476900
Agenda item inquiries: 7146476520
Sonia R. Carvalho
City Attorney
Tom Hatch
Interim City Manager
Jennifer L. Hall
City Clerk
In 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 enable the City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supporting documentation can be found on the City’s website – www.santaana.org/agendasandminutes CITY VISION AND CODE OF ETHICS
The City of Santa Ana is committed to achieving a shared vision for the organization and its community. The Vision, Mission and Guiding Principles (Values) are the result of a thoughtful and inclusive process designed to set the City and organization on a course that meets the challenges of today and tomorrow, as follows:
Vision The dynamic center of Orange County which is acclaimed for our: Investment in youth • Safe and healthy community • Neighborhood pride • Thriving economic climate • Enriched and diverse culture • Quality government services Mission To deliver efficient public services in partnership with our community which ensures public safety, a prosperous economic environment, opportunities for our youth, and a high quality of life for residents.
Guiding Principles Collaboration • Efficiency • Equity • Excellence • Fiscal Responsibility • Innovation • Transparency
Code of Ethics and Conduct At the Special Municipal Election held on February 5, 2008, voters approved an amendment to the City Charter which established the Code of Ethics and Conduct for elected officials and members of appointed boards, commissions, and committees to assure public confidence. The following are the core values expressed: • Integrity • Honesty • Responsibility • Fairness • Accountability • Respect • Efficiency Members of the public may attend the City Council meeting inperson or join via Zoom. As a courtesy to the public, the City Council meeting will occur live via teleconference Zoom webinar. You may view the meeting from your computer, tablet, or smart phone via YouTube LiveStream at www.youtube.com/user/SantaAnaLibrary or on CTV3, available on Spectrum channel 3.
PUBLIC COMMENTS – Members of the public who wish to address the City Council on closed session items, items on the regular agenda, or on matters which are not on the agenda but are within the subject matter jurisdiction of the City Council, may do so by one of the 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 written communications received via mail by 4:00 p.m. on the day of the meeting will be distributed to the City Council and imaged into the City’s document archive system which is available for public review.
SENDING EMAIL OPTION – Public comments may be sent via email to the City Clerk’s office at eComment@santaana.org. Please note the agenda item you are commenting on in the subject line of the email. All emails received two (2) hours before the scheduled start of the meeting will be distributed to the City Council and imaged into the City’s document archive system which is available for public review.
LIVE VIRTUAL OPTION – As a courtesy, members of the public may provide live comments during the meeting by Zoom or Conference Call. To join by Zoom click on or type the following address into your web browser
https://us02web.zoom.us/j/315965149. To join the Conference Call: Dial (669) 900 9128 and enter MEETING ID: 315 965 149#. You will be prompted by the City Clerk when it is time for a: i) closed session item, ii) general agenda item, iii) public hearing item, iv) special agenda item, or v) for Housing Authority item. You may request to speak by dialing *9 from your phone or you may virtually raise your hand from Zoom.
After the Clerk confirms the last three digits of the caller’s phone number or Zoom ID and unmutes them, the caller must press *6 or microphone icon to speak. Callers are encouraged, but not required, to identify themselves by name. Each caller will be provided three (3) minutes to speak, unless due to the number of speakers wanting to speak a decision is made to provide a different amount of time to speak.
INPERSON OPTION Members of the public can provide inperson comments at the podium in the Council Chamber. The Council Chamber will have seating available for members of the public to attend the meeting inperson. Public comments are limited to three (3) minutes per speaker, unless a different time is announced by the presiding chair. Speakers who wish to address the Council must do so by submitting a “Request to Speak” card by 5:00 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 be accepted after the Public Comment Session begins without the permission of the presiding chair.
The following designated public comment periods are:
1. LIVE PUBLIC COMMENTS ON CLOSED SESSION ITEMS – You can provide live comments on closed session items by joining Zoom or the Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will open at 4:30 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL and raise your hand BY 5:00 p.m. Speakers who are not in the speaker queue with their hand raised by 5:00 p.m. will not be permitted to speak.
2. LIVE PUBLIC COMMENTS ON REGULAR AGENDA ITEMS AND NONAGENDA ITEMS (GENERAL PUBLIC COMMENT) – You can provide comments by joining Zoom or the Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will open at 4:30 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL and raise your hand PRIOR TO 5:45 p.m. Speakers who are not in the 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 provide comments by joining Zoom or the Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speakers not in the queue by 5:45 p.m. will not be permitted to speak.
4. LIVE PUBLIC COMMENTS ON HOUSING AUTHORITY ITEMS – You can provide comments by joining Zoom or the Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speakers not in the queue by 5:45 p.m. will not be permitted to speak.
TRANSLATION SERVICES Spanish interpreting services are provided at City Council meetings. Simultaneous Spanish interpretation is provided through the use of headsets and consecutive interpretation (SpanishtoEnglish) in addition to those wishing 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 y la interpretación consecutiva (español a inglés) también está disponible para cualquiera que desee dirigirse al consejo municipal en el podio.
About the Agenda
To download or view the attachments (staff report and other supporting documentation) for each agenda item, you must select the agenda item to see the attachments to either open in a new link (the eyeball
) or download a pdf (the cloud symbol with the down arrow ).
CLOSED SESSION
CALL TO ORDER
ATTENDANCE Council Members Phil Bacerra
Johnathan Ryan Hernandez
David Penaloza
Thai Viet Phan
Benjamin Vazquez
Mayor Pro Tem Jessie Lopez
Mayor Valerie Amezcua
Interim City Manager Tom Hatch
City Attorney Sonia R. Carvalho
City Clerk Jennifer L. Hall
ROLL CALL
ADDITIONS\DELETIONS TO CLOSED SESSION
PUBLIC COMMENTS – Members of the public may address the City Council on Closed Session items.
RECESS – City Council will recess to Closed Session for the purpose of conducting regular City business.
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:
Anthony Gonzalez, et al. v. City of Santa Ana, et al., Orange County Superior Court, Case No. 30202201284596
2. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a):
Agency Negotiator: Ramon Figueroa, Acting Human Resources Executive Director Employe Organization:
Santa Ana Police Officers Association (POA)
RECONVENE – City Council will reconvene to continue regular City business.
CITY COUNCIL REGULAR OPEN SESSION
CALL TO ORDER
ATTENDANCE Council Members Phil Bacerra
Johnathan Ryan Hernandez
David Penaloza
Thai Viet Phan
Benjamin Vazquez
Mayor Pro Tem Jessie Lopez
Mayor Valerie Amezcua
Interim City Manager Tom Hatch
City Attorney Sonia R. Carvalho
City Clerk Jennifer L. Hall
ROLL CALL
PLEDGE OF ALLEGIANCE Mayor Amezcua
WORDS OF INSPIRATION Police Chaplain
ADDITIONS\DELETIONS TO THE AGENDA
CEREMONIAL PRESENTATIONS
1. Certificates of Recognition presented by Mayor Amezcua to The Mater Dei High School Varsity Cheerleading Team for Exceptional Athletic Accomplishments CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed Session.
PUBLIC COMMENTS – Public comments will be held during the beginning of the meeting for ALL comments on agenda and nonagenda items.
CONSENT CALENDAR
RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 2 through 17 and waive reading of all resolutions and ordinances.
2. Excused Absences
Department(s): City Clerk’s Office
Recommended Action: Excuse the absent members.
3. Minutes from the Regular Meeting of May 2, 2023, the Special Meeting of May 11, 2023, and the Special Closed Session and Regular Meeting of May 16, 2023 Department(s): City Clerk’s Office
Recommended Action: Approve minutes.
4. Authorization to Prepare Documents for Proposed Sanitation Fee Adjustment in Compliance with Proposition 218 Requirements (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: Authorize and direct staff to initiate the process for adjusting the Sanitation Fee, as per the Proposition 218 requirements, including, but not limited to, all of the following:
a. Prepare and mail proposed rate adjustment notices to all Santa Ana property owners in compliance with Proposition 218 requirements at a cost not to exceed $100,000;
b. Schedule a public hearing at a future City Council meeting on or after February 6, 2024; and
c. Prepare all other documents to proceed with proposed sanitation fee adjustment.
5. Approve Additional Contingency Funds in the Amount of $3,520,000 for an Existing Construction Contract with ByromDavey, Inc. for the Santa Anita Park Improvements Including New Synthetic Soccer Field and Community Center Renovations with an Estimated Project Delivery Cost of $18,033,011 (Project No. 197527) (NonGeneral Fund) (Revive Santa Ana Program)
Department(s): Public Works Agency
Recommended Action: 1. Approve an amendment to the Project Cost Analysis in the amount of $3,520,000 in additional contingency funds for a total estimated construction delivery cost of $18,033,011, which includes $7,317,701 for the construction contract; $731,770 for contract administration, inspection, and testing; and a $9,983,540 project contingency for unanticipated or unforeseen work, subject to nonsubstantive changes approved by the City Manager and City Attorney.
2. Approve an amendment to the Fiscal Year 202324 Capital Improvement Program to include $3,520,000 in construction funds for Santa Anita Park Improvements and New Synthetic Soccer Field (Project No. 197527).
3. Determine that, in accordance with the California Environmental Quality Act (CEQA), the recommended action is exempt from further review. Categorical Exemption Environmental Review No. ER202177 was filed for the project.
6. Amend the Agreement with Amtech Elevator Services by Increasing the Total Contract Amount Not to Exceed to $1,674,168 for the Remainder of the Contract Term (Specification No. 20068) (General Fund and NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: Amend the agreement with Amtech Elevator Services to provide elevator maintenance and repair services at various City facilities and increase the total not to exceed amount available under the Agreement by an additional $717,168, for a total not to exceed amount of $1,674,168 over the remaining term of the Agreement, including all extension periods, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2023XXX).
7. Amendment to the Fiscal Year 202324 CIP, and Amendment to the Agreement with ELS Architecture and Urban Design to Increase the Contract Amount for the Memorial Park and Aquatics Facility Renovation. (Project No. 221415) (NonGeneral Fund) (Revive Santa Ana Program)
Department(s): Public Works Agency
Recommended Action: 1. Approve an appropriation adjustment to recognize $8,398,266 in revenue received in the current year and from prior years into the Residential Development District 3, Park Acquisition & Development Fees revenue account and appropriate the same amount into the Residential Development District 3, Improvements Other Than Building expenditure account. (Requires five affirmative votes)
2. Approve an appropriation adjustment to recognize $41,829 in revenue received from prior years, the Residential Development District 3, Park Acquisition & Development Fees revenue account and appropriate the same amount into the Residential Development District 3In Lieu, Improvements Other Than Building expenditure account. (Requires five affirmative votes)
3. Approve an amendment to the Fiscal Year 202324 Capital Improvement Program to include $11,298,265 for the Memorial Park and Aquatic Facility Renovation (Project No. 221415) (NonGeneral Fund)
4. Authorize the City Manager to execute the first amendment to the agreement with ELS Architecture and Urban Design to increase the Contract Amount by $1,079,000 for a total amount not to exceed $2,858,170 for the architectural design services for a new Memorial Park and Aquatics Facility Renovation for the remaining term of the agreement, beginning December 5, 2023 through August 14, 2026, including up to two oneyear periods upon a writing executed by the City Manager and City Attorney (Agreement No. 2023XXX).
8. Approve an Agreement with City Net to Provide Street Outreach and Engagement Services for QualityofLife Services, in an Amount Not to Exceed $3,841,845.51, Beginning January 1, 2024 Through December 31, 2024 (NonGeneral Fund) Department(s): Community Development Agency
Recommended Action:
1. Authorize the City Manager to execute an agreement with Kingdom Causes, Inc.
DBA City Net in an amount not to exceed $3,841,845.51 for the Santa Ana Multidisciplinary Street Outreach and Engagement (SMART) Program that responds to reports for qualityoflife services from January 1, 2024 through December 31, 2024, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2023XXX).
2. Authorize the City Manager to execute agreements required by state or federal agencies for the use of Homeless Housing, Assistance and Prevention (HHAP) funding, or for any additional funding that may become available.
9. Approve an Agreement with Iron Mountain Information Management, LLC for Document Storage for the Housing Authority, Community Development Agency and Finance & Management Services Agency
Department(s): Community Development Agency
Recommended Action: Authorize the Interim City Manager to execute an agreement with Iron Mountain Information Management, LLC to provide offsite document storage of Community Development Agency and Finance & Management Services records in an amount not to exceed $142,700, for a threeyear term beginning January 1, 2024 and expiring December 31, 2026 with an option of two oneyear extensions, subject to nonsubstantive changes approved by the City Manager and City Attorney (Contingent upon approval of Housing Authority Item # 3) (Agreement No. 2023XXX).
10. Approve a First Amendment to the Memorandum of Understanding between the City of Santa Ana and the Confidential Association of Santa Ana Department(s): Human Resources
Recommended Action: Authorize the Interim City Manager to execute a First 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, modifying and delineating specific articles of the MOU subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2023XXX).
11. A Resolution Authorizing Application to the California State Department of Housing and Community Development for the Prohousing Designation Program Department(s): Planning and Building Agency
Recommended Action: Adopt a Resolution authorizing the application to the California State Department of Housing and Community Development Prohousing Designation Program.
RESOLUTION NO. 2023XXXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE APPLICATION TO AND PARTICIPATION IN THE PROHOUSING DESIGNATION PROGRAM
12. Second OneYear Extension of Site Plan Review No. 202003 and Variance No. 202006 for the 4th and Mortimer MixedUse Development Project Located at 409 and 509 East Fourth Street
Department(s): Planning and Building Agency
Recommended Action:
1. Adopt a resolution approving a oneyear extension of Site Plan Review No. 202003 and Variance No. 202006 to December 15, 2024.
RESOLUTION NO. 2023XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING A SECOND ONE YEAR EXTENSION OF SITE PLAN REVIEW 202003 AND VARIANCE NO. 202006 FOR THE 4TH AND MORTIMER MIXEDUSE DEVELOPMENT TO BE LOCATED AT 409 AND 509 EAST FOURTH STREET
2. Determine that in accordance with 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.
13. Resolution Authorizing a Grant Application Submission for the Bureau of Reclamation WaterSMART Drought Response Program for the Pressure Reducing Station No. 2 Relocation and Emergency Booster Pump Station Project (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: Adopt a Resolution authorizing the Executive Director of the Public Works Agency to submit a grant application to the U.S. Department of the Interior, Bureau of Reclamation’s Sustain and Manage America’s Resources for Tomorrow Drought Response Program Grant for the Pressure Reducing Station No. 2 Relocation and Emergency Booster Pump Station Project, in an amount not to exceed $1,801,250.
RESOLUTION NO. 2023XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING AN APPLICATION FOR GRANT FUNDING BY THE BUREAU OF RECLAMATION’S WATERSMART DROUGHT RESPONSE PROGRAM GRANT PROGRAM FOR THE PRESSURE REDUCING STATION NO. 2 RELOCATION AND EMERGENCY BOOSTER STATION PROJECT
14. Resolutions Authorizing the Executive Director of the Public Works Agency to Execute Grant Agreements with the California Department of Transportation for the Santa Ana Regional Transportation Center Beautification Projects
Department(s): Public Works Agency
Recommended Action: 1. Adopt a resolution authorizing the Executive Director of the Public Works Agency to execute a grant agreement with the California Department of Transportation for the Santa Ana Regional Transportation Center Painting and Wrought Iron Fencing Project.
RESOLUTION NO. 2023XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE EXECUTIVE DIRECTOR OF THE PUBLIC WORKS AGENCY TO EXECUTE AGREEMENTS WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR THE SANTA ANA REGIONAL TRANSPORTATION CENTER PAINTING AND WROUGHT IRON FENCING
PROJECT
2. Adopt a resolution authorizing the Executive Director of the Public Works Agency to execute a grant agreement with the California Department of Transportation for the Santa Ana Regional Transportation Center Outdoor Water Fountain Renovation Project.
RESOLUTION NO. 2023XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE EXECUTIVE DIRECTOR OF THE PUBLIC WORKS AGENCY TO EXECUTE AGREEMENTS WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR THE SANTA ANA REGIONAL TRANSPORTATION CENTER OUTDOOR WATER FOUNTAIN RENOVATION
PROJECT
15. Resolution Declaring the Results of the November 14, 2023 Special Municipal Recall Election
Department(s): City Clerk’s Office
Recommended Action: Adopt a Resolution declaring the results of the Special Recall Election held in Ward 3 of the City of Santa Ana on November 14, 2023.
RESOLUTION NO. 2023XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA RECITING THE FACT OF THE SPECIAL MUNICIPAL RECALL ELECTION HELD ON TUESDAY, NOVEMBER 14, 2023, DECLARING THE RESULT, AND SUCH OTHER MATTERS AS MAY BE PROVIDED BY LAW (staff report and related documents uploaded, 11/29/23, 6:00P.M.)
16. Second Reading of Ordinance Amending Section 2325 of the Santa Ana Municipal Code to Provide That Compensation for City Boards and Commissions Shall be Set by Resolution of the City Council; Resolution Amending Resolution No. 2019034 and Setting Compensation for all City Boards and Commissions First reading at the November 21, 2023 City Council meeting and approved by a unanimous vote.
Published in the Orange County Reporter on November 27, 2023.
Department(s): City Manager’s Office
Recommended Action:
1. Adopt an ordinance amending Section 2325 of the Santa Ana Municipal Code to provide that compensation for City boards and commissions shall be set by resolution of the City Council.
ORDINANCE NO. NS3053 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SECTION 2325 OF THE SANTA ANA MUNICIPAL CODE TO PROVIDE THAT COMPENSATION FOR CITY BOARDS AND COMMISSIONS SHALL BE SET BY RESOLUTION OF THE CITY COUNCIL
2. Adopt a resolution amending Resolution No. 2019034 and setting the compensation for all City boards and commissions.
RESOLUTION NO. 2023XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING RESOLUTION NO. 2019034 AND SETTING COMPENSATION FOR ALL CITY BOARDS AND
COMMISSIONS
17. Second Reading of Ordinance Approving Amendment Application No. 202301 to Change the Zoning District Designation of the Public Park Located at 1117 S.
Standard Avenue from MultipleFamily Residence (R3) to Open Space Land (O) for Consistency with the General Plan Land Use Designation of Open Space First reading at the November 21, 2023 City Council meeting and approved by a unanimous vote.
Published in the Orange County Reporter on November 27, 2023.
Department(s): Planning and Building Agency
Recommended Action: 1. Conduct a second reading and adopt an ordinance approving Amendment Application No. 202301 for Standard and McFadden Public Park located at 1117 S. Standard Avenue;
ORDINANCE NO. NS3054 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 202301 REZONING THE PROPERTIES LOCATED 1113, 1117, 1121, AND 1125 SOUTH STANDARD AVENUE AND RECOGNIZED AS ASSESSOR PARCEL NUMBERS 01125117, 01125118, 01125119, 01125120, 01125138 AND 01125139 (from MultiFamily Residence (R3) to Open Space Land (O)); read by title only and waive further reading.
2. Determine that in accordance with the California Environmental Quality Act (CEQA) and Section 15162 of the CEQA Guidelines, the project is within the scope of the 2022 Santa Ana General Plan Environmental Impact Report (EIR) (SCH No. 2020029087). Furthermore, these actions are categorically exempt from further review per Section 15304 (Class 4 – Minor Alterations of Land) of the CEQA Guidelines. Class 4 consists of minor public or private alterations in the condition of land, water, and/or vegetation which do not involve removal of healthy, mature, scenic trees except for forestry and agricultural purposes. As such, a Notice of Determination, Environmental Review No. 202078, will be filed for this project. **END OF CONSENT CALENDAR**
BUSINESS CALENDAR
18. Fee Deferral Agreement for the Central Pointe MixedUse Development Located at 1801 E. Fourth Street
Department(s): Planning and Building Agency
Recommended Action: Based on the discussion in this staff report, it is recommended that the City Council take one of the following two actions:
1. Deny a request by the applicant to execute a fee deferral agreement for the Central Pointe mixeduse development located at 1801 E. Fourth Street, OR
2. Authorize the City Manager to execute a fee deferral agreement for the Central Pointe mixeduse development located at 1801 E. Fourth Street (Agreement No. 2023XXX).
**END OF BUSINESS CALENDAR**
COUNCILMEMBER REQUESTED ITEMS
19. Discuss and Consider Directing the Interim City Manager to Prepare a Resolution for City Council’s Consideration to Call in Support of a Ceasefire in Gaza – Councilmembers Vazquez and Hernandez
CITY MANAGER COMMENTS
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.
ADJOURNMENT – Adjourn the City Council meeting and convene to the Housing Authority meeting.
Future Items
1. FY202425 Budget Calendar
2. Enterprise Vehicle Lease Agreement
3. Selection of Mayor Pro Tem for 2024
POSTING STATEMENT: On November 28, 2023, a true and correct copy of this agenda was posted at the entrance to City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. Internet Access to City Council, Agency, and Authority agendas and related material is available prior to meetings at santaana.org/agendasandminutes
HOUSING AUTHORITY
CALL TO ORDER
ATTENDANCE Authority Members Phil Bacerra
Johnathan Ryan Hernandez
David Penaloza
Thai Viet Phan
Benjamin Vazquez
Vice Chair Jessie Lopez
Chair Valerie Amezcua
Interim City Manager Tom Hatch
City Attorney Sonia R. Carvalho
Recording Secretary Jennifer L. Hall
ROLL CALL
ADDITIONS\DELETIONS TO THE HOUSING AUTHORITY AGENDA
PUBLIC COMMENTS – Members of the public may address Housing Authority on items on the Housing Authority agenda.
CONSENT CALENDAR
RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 1 and 3 and waive readings for resolutions and ordinances.
1. Excused Absences
Department(s): City Clerk’s Office
Recommended Action: Excuse the absent members.
2. Minutes of the Special Meeting of May 16, 2023 and the Regular Meeting of November 7, 2023
Department(s): City Clerk’s Office
Recommended Action: Approve minutes.
3. Approve an Agreement with Iron Mountain Information Management, LLC for Document Storage for the Housing Authority, Community Development Agency and Finance & Management Services Agency(General Fund and NonGeneral Fund) Department(s): Community Development Agency
Recommended Action: Authorize the Executive Director of the Housing Authority to execute an agreement with Iron Mountain Information Management, LLC to provide offsite document storage of Housing Authority records in an amount not to exceed $142,700, for a threeyear term beginning January 1, 2024 and expiring December 31, 2026 with an option of two oneyear extensions, subject to nonsubstantive changes approved by the Executive Director and the Housing Authority General Counsel (Contingent upon approval of City Council Item # 9) (Agreement No. 2023XXX). **END OF CONSENT CALENDAR**
HOUSING AUTHORITY MEMBER COMMENTS
ADJOURNMENT – Adjourn the Housing Authority meeting.
POSTING STATEMENT: On November 28, 2023, a true and correct copy of this agenda was posted at the entrance to City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. Internet Access to City Council, Agency, and Authority agendas and related material is available prior to meetings at santaana.org/citymeetings.
12/5/2023
City Council and Housing Authority
Meeting Agenda
December 5, 2023
CLOSED SESSION MEETING – 5:00 PM
REGULAR OPEN MEETING – 5:30 PM
(Immediately following the Closed Session Meeting)
CITY COUNCIL CHAMBER
22 Civic Center Plaza Santa Ana, CA 92701
Valerie Amezcua
Mayor
Thai Viet Phan
Councilmember – Ward 1
Benjamin Vazquez
Councilmember Ward 2
Jessie Lopez
Mayor Pro Tem Ward 3
Phil Bacerra
Councilmember Ward 4
Johnathan Ryan Hernandez
Councilmember Ward 5
David Penaloza
Councilmember Ward 6
Mayor and Council telephone: 7146476900
Agenda item inquiries: 7146476520
Sonia R. Carvalho
City Attorney
Tom Hatch
Interim City Manager
Jennifer L. Hall
City Clerk
In 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 enable the City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supporting documentation can be found on the City’s website – www.santaana.org/agendasandminutes CITY VISION AND CODE OF ETHICS
The City of Santa Ana is committed to achieving a shared vision for the organization and its community. The Vision, Mission and Guiding Principles (Values) are the result of a thoughtful and inclusive process designed to set the City and organization on a course that meets the challenges of today and tomorrow, as follows:
Vision The dynamic center of Orange County which is acclaimed for our: Investment in youth • Safe and healthy community • Neighborhood pride • Thriving economic climate • Enriched and diverse culture • Quality government services Mission To deliver efficient public services in partnership with our community which ensures public safety, a prosperous economic environment, opportunities for our youth, and a high quality of life for residents.
Guiding Principles Collaboration • Efficiency • Equity • Excellence • Fiscal Responsibility • Innovation • Transparency
Code of Ethics and Conduct At the Special Municipal Election held on February 5, 2008, voters approved an amendment to the City Charter which established the Code of Ethics and Conduct for elected officials and members of appointed boards, commissions, and committees to assure public confidence. The following are the core values expressed: • Integrity • Honesty • Responsibility • Fairness • Accountability • Respect • Efficiency Members of the public may attend the City Council meeting inperson or join via Zoom. As a courtesy to the public, the City Council meeting will occur live via teleconference Zoom webinar. You may view the meeting from your computer, tablet, or smart phone via YouTube LiveStream at www.youtube.com/user/SantaAnaLibrary or on CTV3, available on Spectrum channel 3.
PUBLIC COMMENTS – Members of the public who wish to address the City Council on closed session items, items on the regular agenda, or on matters which are not on the agenda but are within the subject matter jurisdiction of the City Council, may do so by one of the 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 written communications received via mail by 4:00 p.m. on the day of the meeting will be distributed to the City Council and imaged into the City’s document archive system which is available for public review.
SENDING EMAIL OPTION – Public comments may be sent via email to the City Clerk’s office at eComment@santaana.org. Please note the agenda item you are commenting on in the subject line of the email. All emails received two (2) hours before the scheduled start of the meeting will be distributed to the City Council and imaged into the City’s document archive system which is available for public review.
LIVE VIRTUAL OPTION – As a courtesy, members of the public may provide live comments during the meeting by Zoom or Conference Call. To join by Zoom click on or type the following address into your web browser
https://us02web.zoom.us/j/315965149. To join the Conference Call: Dial (669) 900 9128 and enter MEETING ID: 315 965 149#. You will be prompted by the City Clerk when it is time for a: i) closed session item, ii) general agenda item, iii) public hearing item, iv) special agenda item, or v) for Housing Authority item. You may request to speak by dialing *9 from your phone or you may virtually raise your hand from Zoom.
After the Clerk confirms the last three digits of the caller’s phone number or Zoom ID and unmutes them, the caller must press *6 or microphone icon to speak. Callers are encouraged, but not required, to identify themselves by name. Each caller will be provided three (3) minutes to speak, unless due to the number of speakers wanting to speak a decision is made to provide a different amount of time to speak.
INPERSON OPTION Members of the public can provide inperson comments at the podium in the Council Chamber. The Council Chamber will have seating available for members of the public to attend the meeting inperson. Public comments are limited to three (3) minutes per speaker, unless a different time is announced by the presiding chair. Speakers who wish to address the Council must do so by submitting a “Request to Speak” card by 5:00 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 be accepted after the Public Comment Session begins without the permission of the presiding chair.
The following designated public comment periods are:
1. LIVE PUBLIC COMMENTS ON CLOSED SESSION ITEMS – You can provide live comments on closed session items by joining Zoom or the Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will open at 4:30 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL and raise your hand BY 5:00 p.m. Speakers who are not in the speaker queue with their hand raised by 5:00 p.m. will not be permitted to speak.
2. LIVE PUBLIC COMMENTS ON REGULAR AGENDA ITEMS AND NONAGENDA ITEMS (GENERAL PUBLIC COMMENT) – You can provide comments by joining Zoom or the Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will open at 4:30 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL and raise your hand PRIOR TO 5:45 p.m. Speakers who are not in the 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 provide comments by joining Zoom or the Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speakers not in the queue by 5:45 p.m. will not be permitted to speak.
4. LIVE PUBLIC COMMENTS ON HOUSING AUTHORITY ITEMS – You can provide comments by joining Zoom or the Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speakers not in the queue by 5:45 p.m. will not be permitted to speak.
TRANSLATION SERVICES Spanish interpreting services are provided at City Council meetings. Simultaneous Spanish interpretation is provided through the use of headsets and consecutive interpretation (SpanishtoEnglish) in addition to those wishing 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 y la interpretación consecutiva (español a inglés) también está disponible para cualquiera que desee dirigirse al consejo municipal en el podio.
About the Agenda
To download or view the attachments (staff report and other supporting documentation) for each agenda item, you must select the agenda item to see the attachments to either open in a new link (the eyeball
) or download a pdf (the cloud symbol with the down arrow ).
CLOSED SESSION
CALL TO ORDER
ATTENDANCE Council Members Phil Bacerra
Johnathan Ryan Hernandez
David Penaloza
Thai Viet Phan
Benjamin Vazquez
Mayor Pro Tem Jessie Lopez
Mayor Valerie Amezcua
Interim City Manager Tom Hatch
City Attorney Sonia R. Carvalho
City Clerk Jennifer L. Hall
ROLL CALL
ADDITIONS\DELETIONS TO CLOSED SESSION
PUBLIC COMMENTS – Members of the public may address the City Council on Closed Session items.
RECESS – City Council will recess to Closed Session for the purpose of conducting regular City business.
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:
Anthony Gonzalez, et al. v. City of Santa Ana, et al., Orange County Superior Court, Case No. 30202201284596
2. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a):
Agency Negotiator: Ramon Figueroa, Acting Human Resources Executive Director Employe Organization:
Santa Ana Police Officers Association (POA)
RECONVENE – City Council will reconvene to continue regular City business.
CITY COUNCIL REGULAR OPEN SESSION
CALL TO ORDER
ATTENDANCE Council Members Phil Bacerra
Johnathan Ryan Hernandez
David Penaloza
Thai Viet Phan
Benjamin Vazquez
Mayor Pro Tem Jessie Lopez
Mayor Valerie Amezcua
Interim City Manager Tom Hatch
City Attorney Sonia R. Carvalho
City Clerk Jennifer L. Hall
ROLL CALL
PLEDGE OF ALLEGIANCE Mayor Amezcua
WORDS OF INSPIRATION Police Chaplain
ADDITIONS\DELETIONS TO THE AGENDA
CEREMONIAL PRESENTATIONS
1. Certificates of Recognition presented by Mayor Amezcua to The Mater Dei High School Varsity Cheerleading Team for Exceptional Athletic Accomplishments CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed Session.
PUBLIC COMMENTS – Public comments will be held during the beginning of the meeting for ALL comments on agenda and nonagenda items.
CONSENT CALENDAR
RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 2 through 17 and waive reading of all resolutions and ordinances.
2. Excused Absences
Department(s): City Clerk’s Office
Recommended Action: Excuse the absent members.
3. Minutes from the Regular Meeting of May 2, 2023, the Special Meeting of May 11, 2023, and the Special Closed Session and Regular Meeting of May 16, 2023 Department(s): City Clerk’s Office
Recommended Action: Approve minutes.
4. Authorization to Prepare Documents for Proposed Sanitation Fee Adjustment in Compliance with Proposition 218 Requirements (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: Authorize and direct staff to initiate the process for adjusting the Sanitation Fee, as per the Proposition 218 requirements, including, but not limited to, all of the following:
a. Prepare and mail proposed rate adjustment notices to all Santa Ana property owners in compliance with Proposition 218 requirements at a cost not to exceed $100,000;
b. Schedule a public hearing at a future City Council meeting on or after February 6, 2024; and
c. Prepare all other documents to proceed with proposed sanitation fee adjustment.
5. Approve Additional Contingency Funds in the Amount of $3,520,000 for an Existing Construction Contract with ByromDavey, Inc. for the Santa Anita Park Improvements Including New Synthetic Soccer Field and Community Center Renovations with an Estimated Project Delivery Cost of $18,033,011 (Project No. 197527) (NonGeneral Fund) (Revive Santa Ana Program)
Department(s): Public Works Agency
Recommended Action: 1. Approve an amendment to the Project Cost Analysis in the amount of $3,520,000 in additional contingency funds for a total estimated construction delivery cost of $18,033,011, which includes $7,317,701 for the construction contract; $731,770 for contract administration, inspection, and testing; and a $9,983,540 project contingency for unanticipated or unforeseen work, subject to nonsubstantive changes approved by the City Manager and City Attorney.
2. Approve an amendment to the Fiscal Year 202324 Capital Improvement Program to include $3,520,000 in construction funds for Santa Anita Park Improvements and New Synthetic Soccer Field (Project No. 197527).
3. Determine that, in accordance with the California Environmental Quality Act (CEQA), the recommended action is exempt from further review. Categorical Exemption Environmental Review No. ER202177 was filed for the project.
6. Amend the Agreement with Amtech Elevator Services by Increasing the Total Contract Amount Not to Exceed to $1,674,168 for the Remainder of the Contract Term (Specification No. 20068) (General Fund and NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: Amend the agreement with Amtech Elevator Services to provide elevator maintenance and repair services at various City facilities and increase the total not to exceed amount available under the Agreement by an additional $717,168, for a total not to exceed amount of $1,674,168 over the remaining term of the Agreement, including all extension periods, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2023XXX).
7. Amendment to the Fiscal Year 202324 CIP, and Amendment to the Agreement with ELS Architecture and Urban Design to Increase the Contract Amount for the Memorial Park and Aquatics Facility Renovation. (Project No. 221415) (NonGeneral Fund) (Revive Santa Ana Program)
Department(s): Public Works Agency
Recommended Action: 1. Approve an appropriation adjustment to recognize $8,398,266 in revenue received in the current year and from prior years into the Residential Development District 3, Park Acquisition & Development Fees revenue account and appropriate the same amount into the Residential Development District 3, Improvements Other Than Building expenditure account. (Requires five affirmative votes)
2. Approve an appropriation adjustment to recognize $41,829 in revenue received from prior years, the Residential Development District 3, Park Acquisition & Development Fees revenue account and appropriate the same amount into the Residential Development District 3In Lieu, Improvements Other Than Building expenditure account. (Requires five affirmative votes)
3. Approve an amendment to the Fiscal Year 202324 Capital Improvement Program to include $11,298,265 for the Memorial Park and Aquatic Facility Renovation (Project No. 221415) (NonGeneral Fund)
4. Authorize the City Manager to execute the first amendment to the agreement with ELS Architecture and Urban Design to increase the Contract Amount by $1,079,000 for a total amount not to exceed $2,858,170 for the architectural design services for a new Memorial Park and Aquatics Facility Renovation for the remaining term of the agreement, beginning December 5, 2023 through August 14, 2026, including up to two oneyear periods upon a writing executed by the City Manager and City Attorney (Agreement No. 2023XXX).
8. Approve an Agreement with City Net to Provide Street Outreach and Engagement Services for QualityofLife Services, in an Amount Not to Exceed $3,841,845.51, Beginning January 1, 2024 Through December 31, 2024 (NonGeneral Fund) Department(s): Community Development Agency
Recommended Action:
1. Authorize the City Manager to execute an agreement with Kingdom Causes, Inc.
DBA City Net in an amount not to exceed $3,841,845.51 for the Santa Ana Multidisciplinary Street Outreach and Engagement (SMART) Program that responds to reports for qualityoflife services from January 1, 2024 through December 31, 2024, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2023XXX).
2. Authorize the City Manager to execute agreements required by state or federal agencies for the use of Homeless Housing, Assistance and Prevention (HHAP) funding, or for any additional funding that may become available.
9. Approve an Agreement with Iron Mountain Information Management, LLC for Document Storage for the Housing Authority, Community Development Agency and Finance & Management Services Agency
Department(s): Community Development Agency
Recommended Action: Authorize the Interim City Manager to execute an agreement with Iron Mountain Information Management, LLC to provide offsite document storage of Community Development Agency and Finance & Management Services records in an amount not to exceed $142,700, for a threeyear term beginning January 1, 2024 and expiring December 31, 2026 with an option of two oneyear extensions, subject to nonsubstantive changes approved by the City Manager and City Attorney (Contingent upon approval of Housing Authority Item # 3) (Agreement No. 2023XXX).
10. Approve a First Amendment to the Memorandum of Understanding between the City of Santa Ana and the Confidential Association of Santa Ana Department(s): Human Resources
Recommended Action: Authorize the Interim City Manager to execute a First 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, modifying and delineating specific articles of the MOU subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2023XXX).
11. A Resolution Authorizing Application to the California State Department of Housing and Community Development for the Prohousing Designation Program Department(s): Planning and Building Agency
Recommended Action: Adopt a Resolution authorizing the application to the California State Department of Housing and Community Development Prohousing Designation Program.
RESOLUTION NO. 2023XXXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE APPLICATION TO AND PARTICIPATION IN THE PROHOUSING DESIGNATION PROGRAM
12. Second OneYear Extension of Site Plan Review No. 202003 and Variance No. 202006 for the 4th and Mortimer MixedUse Development Project Located at 409 and 509 East Fourth Street
Department(s): Planning and Building Agency
Recommended Action:
1. Adopt a resolution approving a oneyear extension of Site Plan Review No. 202003 and Variance No. 202006 to December 15, 2024.
RESOLUTION NO. 2023XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING A SECOND ONE YEAR EXTENSION OF SITE PLAN REVIEW 202003 AND VARIANCE NO. 202006 FOR THE 4TH AND MORTIMER MIXEDUSE DEVELOPMENT TO BE LOCATED AT 409 AND 509 EAST FOURTH STREET
2. Determine that in accordance with 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.
13. Resolution Authorizing a Grant Application Submission for the Bureau of Reclamation WaterSMART Drought Response Program for the Pressure Reducing Station No. 2 Relocation and Emergency Booster Pump Station Project (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: Adopt a Resolution authorizing the Executive Director of the Public Works Agency to submit a grant application to the U.S. Department of the Interior, Bureau of Reclamation’s Sustain and Manage America’s Resources for Tomorrow Drought Response Program Grant for the Pressure Reducing Station No. 2 Relocation and Emergency Booster Pump Station Project, in an amount not to exceed $1,801,250.
RESOLUTION NO. 2023XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING AN APPLICATION FOR GRANT FUNDING BY THE BUREAU OF RECLAMATION’S WATERSMART DROUGHT RESPONSE PROGRAM GRANT PROGRAM FOR THE PRESSURE REDUCING STATION NO. 2 RELOCATION AND EMERGENCY BOOSTER STATION PROJECT
14. Resolutions Authorizing the Executive Director of the Public Works Agency to Execute Grant Agreements with the California Department of Transportation for the Santa Ana Regional Transportation Center Beautification Projects
Department(s): Public Works Agency
Recommended Action: 1. Adopt a resolution authorizing the Executive Director of the Public Works Agency to execute a grant agreement with the California Department of Transportation for the Santa Ana Regional Transportation Center Painting and Wrought Iron Fencing Project.
RESOLUTION NO. 2023XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE EXECUTIVE DIRECTOR OF THE PUBLIC WORKS AGENCY TO EXECUTE AGREEMENTS WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR THE SANTA ANA REGIONAL TRANSPORTATION CENTER PAINTING AND WROUGHT IRON FENCING
PROJECT
2. Adopt a resolution authorizing the Executive Director of the Public Works Agency to execute a grant agreement with the California Department of Transportation for the Santa Ana Regional Transportation Center Outdoor Water Fountain Renovation Project.
RESOLUTION NO. 2023XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE EXECUTIVE DIRECTOR OF THE PUBLIC WORKS AGENCY TO EXECUTE AGREEMENTS WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR THE SANTA ANA REGIONAL TRANSPORTATION CENTER OUTDOOR WATER FOUNTAIN RENOVATION
PROJECT
15. Resolution Declaring the Results of the November 14, 2023 Special Municipal Recall Election
Department(s): City Clerk’s Office
Recommended Action: Adopt a Resolution declaring the results of the Special Recall Election held in Ward 3 of the City of Santa Ana on November 14, 2023.
RESOLUTION NO. 2023XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA RECITING THE FACT OF THE SPECIAL MUNICIPAL RECALL ELECTION HELD ON TUESDAY, NOVEMBER 14, 2023, DECLARING THE RESULT, AND SUCH OTHER MATTERS AS MAY BE PROVIDED BY LAW (staff report and related documents uploaded, 11/29/23, 6:00P.M.)
16. Second Reading of Ordinance Amending Section 2325 of the Santa Ana Municipal Code to Provide That Compensation for City Boards and Commissions Shall be Set by Resolution of the City Council; Resolution Amending Resolution No. 2019034 and Setting Compensation for all City Boards and Commissions First reading at the November 21, 2023 City Council meeting and approved by a unanimous vote.
Published in the Orange County Reporter on November 27, 2023.
Department(s): City Manager’s Office
Recommended Action:
1. Adopt an ordinance amending Section 2325 of the Santa Ana Municipal Code to provide that compensation for City boards and commissions shall be set by resolution of the City Council.
ORDINANCE NO. NS3053 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SECTION 2325 OF THE SANTA ANA MUNICIPAL CODE TO PROVIDE THAT COMPENSATION FOR CITY BOARDS AND COMMISSIONS SHALL BE SET BY RESOLUTION OF THE CITY COUNCIL
2. Adopt a resolution amending Resolution No. 2019034 and setting the compensation for all City boards and commissions.
RESOLUTION NO. 2023XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING RESOLUTION NO. 2019034 AND SETTING COMPENSATION FOR ALL CITY BOARDS AND
COMMISSIONS
17. Second Reading of Ordinance Approving Amendment Application No. 202301 to Change the Zoning District Designation of the Public Park Located at 1117 S.
Standard Avenue from MultipleFamily Residence (R3) to Open Space Land (O) for Consistency with the General Plan Land Use Designation of Open Space First reading at the November 21, 2023 City Council meeting and approved by a unanimous vote.
Published in the Orange County Reporter on November 27, 2023.
Department(s): Planning and Building Agency
Recommended Action: 1. Conduct a second reading and adopt an ordinance approving Amendment Application No. 202301 for Standard and McFadden Public Park located at 1117 S. Standard Avenue;
ORDINANCE NO. NS3054 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 202301 REZONING THE PROPERTIES LOCATED 1113, 1117, 1121, AND 1125 SOUTH STANDARD AVENUE AND RECOGNIZED AS ASSESSOR PARCEL NUMBERS 01125117, 01125118, 01125119, 01125120, 01125138 AND 01125139 (from MultiFamily Residence (R3) to Open Space Land (O)); read by title only and waive further reading.
2. Determine that in accordance with the California Environmental Quality Act (CEQA) and Section 15162 of the CEQA Guidelines, the project is within the scope of the 2022 Santa Ana General Plan Environmental Impact Report (EIR) (SCH No. 2020029087). Furthermore, these actions are categorically exempt from further review per Section 15304 (Class 4 – Minor Alterations of Land) of the CEQA Guidelines. Class 4 consists of minor public or private alterations in the condition of land, water, and/or vegetation which do not involve removal of healthy, mature, scenic trees except for forestry and agricultural purposes. As such, a Notice of Determination, Environmental Review No. 202078, will be filed for this project. **END OF CONSENT CALENDAR**
BUSINESS CALENDAR
18. Fee Deferral Agreement for the Central Pointe MixedUse Development Located at 1801 E. Fourth Street
Department(s): Planning and Building Agency
Recommended Action: Based on the discussion in this staff report, it is recommended that the City Council take one of the following two actions:
1. Deny a request by the applicant to execute a fee deferral agreement for the Central Pointe mixeduse development located at 1801 E. Fourth Street, OR
2. Authorize the City Manager to execute a fee deferral agreement for the Central Pointe mixeduse development located at 1801 E. Fourth Street (Agreement No. 2023XXX).
**END OF BUSINESS CALENDAR**
COUNCILMEMBER REQUESTED ITEMS
19. Discuss and Consider Directing the Interim City Manager to Prepare a Resolution for City Council’s Consideration to Call in Support of a Ceasefire in Gaza – Councilmembers Vazquez and Hernandez
CITY MANAGER COMMENTS
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.
ADJOURNMENT – Adjourn the City Council meeting and convene to the Housing Authority meeting.
Future Items
1. FY202425 Budget Calendar
2. Enterprise Vehicle Lease Agreement
3. Selection of Mayor Pro Tem for 2024
POSTING STATEMENT: On November 28, 2023, a true and correct copy of this agenda was posted at the entrance to City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. Internet Access to City Council, Agency, and Authority agendas and related material is available prior to meetings at santaana.org/agendasandminutes
HOUSING AUTHORITY
CALL TO ORDER
ATTENDANCE Authority Members Phil Bacerra
Johnathan Ryan Hernandez
David Penaloza
Thai Viet Phan
Benjamin Vazquez
Vice Chair Jessie Lopez
Chair Valerie Amezcua
Interim City Manager Tom Hatch
City Attorney Sonia R. Carvalho
Recording Secretary Jennifer L. Hall
ROLL CALL
ADDITIONS\DELETIONS TO THE HOUSING AUTHORITY AGENDA
PUBLIC COMMENTS – Members of the public may address Housing Authority on items on the Housing Authority agenda.
CONSENT CALENDAR
RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 1 and 3 and waive readings for resolutions and ordinances.
1. Excused Absences
Department(s): City Clerk’s Office
Recommended Action: Excuse the absent members.
2. Minutes of the Special Meeting of May 16, 2023 and the Regular Meeting of November 7, 2023
Department(s): City Clerk’s Office
Recommended Action: Approve minutes.
3. Approve an Agreement with Iron Mountain Information Management, LLC for Document Storage for the Housing Authority, Community Development Agency and Finance & Management Services Agency(General Fund and NonGeneral Fund) Department(s): Community Development Agency
Recommended Action: Authorize the Executive Director of the Housing Authority to execute an agreement with Iron Mountain Information Management, LLC to provide offsite document storage of Housing Authority records in an amount not to exceed $142,700, for a threeyear term beginning January 1, 2024 and expiring December 31, 2026 with an option of two oneyear extensions, subject to nonsubstantive changes approved by the Executive Director and the Housing Authority General Counsel (Contingent upon approval of City Council Item # 9) (Agreement No. 2023XXX). **END OF CONSENT CALENDAR**
HOUSING AUTHORITY MEMBER COMMENTS
ADJOURNMENT – Adjourn the Housing Authority meeting.
POSTING STATEMENT: On November 28, 2023, a true and correct copy of this agenda was posted at the entrance to City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. Internet Access to City Council, Agency, and Authority agendas and related material is available prior to meetings at santaana.org/citymeetings.