City Council Meeting Agenda (Revised 4/10/24)
April 16, 2024
CLOSED SESSION MEETING – 4:30 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
Mayor Pro Tem – Ward 1
Benjamin Vazquez
Councilmember Ward 2
Jessie Lopez
Councilmember 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
Alvaro Nuñez
Acting 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) agenda/general comments, 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 4:30 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 4:00 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL and raise your hand BY 4:30 p.m. Speakers who are not in the speaker queue with their hand raised by 4:30 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 4:00 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
Jessie Lopez
David Penaloza
Benjamin Vazquez
Mayor Pro Tem Thai Viet Phan
Mayor Valerie Amezcua
Acting City Manager Alvaro Nuñez
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. LIABILITY CLAIM pursuant to Government Code Section 54956.95:
Claimant: Alan Berg [Workers’ Compensation Claim]
2. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code:
Heather Heider v. City of Santa Ana, Orange County Superior Court Case No. 30 201901055281CUOECJC
3. PUBLIC EMPLOYEE PERFORMANCE EVALUATION pursuant to Government Code Section 54957(b)(1):
TITLE: City Clerk
4. CONFERENCE WITH LABOR NEGOTIATOR pursuant to California Government Code Section 54957.6(a)
Agency Designated Representative: Lori Schnaider, Acting Executive Director of Human Resources
Unrepresented Employee: City Clerk
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
Jessie Lopez
David Penaloza
Benjamin Vazquez
Mayor Pro Tem Thai Viet Phan
Mayor Valerie Amezcua
Acting City Manager Alvaro Nuñez
City Attorney Sonia R. Carvalho
City Clerk Jennifer L. Hall
ROLL CALL
PLEDGE OF ALLEGIANCE Mayor Amezcua
WORDS OF INSPIRATION Police Chaplain Bob Barnett
ADDITIONS\DELETIONS TO THE AGENDA
CEREMONIAL PRESENTATIONS
1. Certificate of Recognition presented by Mayor Amezcua to Ivy Nguyen for Outstanding Acts of Heroism
2. Proclamation presented by Mayor Pro Tem Phan declaring April 30 as Black April (revised 4/10/2024)
3. Proclamation presented by Councilmember Bacerra to the Orange County Fire Authority declaring May 4, 2024 as International Firefighters’ Day
4. Proclamation presented by Councilmember Hernandez to Southern California Coalition for Occupational Safety & Health declaring April 28, 2024 as Workers’ Memorial Day
5. Proclamation presented by Councilmember Lopez to OC Habitats declaring April 22, 2024 as Earth Day
6. Proclamation presented by Councilmember Vazquez to Latino Health Access declaring April 2024 as National Child Abuse Prevention Month
STAFF PRESENTATIONS
7. ACCOC Presentation (Withdrawn 04/10/2024)
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: 8 through 26 and waive reading of all resolutions and ordinances.
8. Excused Absences
Department(s): City Clerk’s Office
Recommended Action: Excuse the absent members.
9. Minutes from the Regular Meeting of April 2, 2024
Department(s): City Clerk’s Office
Recommended Action: Approve minutes.
10. Appoint Esperanza Martinez Nominated by Councilmember Lopez as a Mobilehome Tenant Representative to the Rental Housing Board for a Full Term Expiring in 2027 Department(s): City Clerk’s Office
Recommended Action: Appoint Esperanza Martinez to the Rental Housing Board as a Mobilehome Tenant Representative and administer the Oath of Office. (Pursuant to SAMC Sec. 2326(a), requires five affirmative votes)
11. Appoint Ignacio Rincon Nominated by Mayor Pro Tem Phan as the Ward 1 Representative to the Historic Resources Commission for a PartialTerm Expiring December 10, 2024
Department(s): City Clerk’s Office
Recommended Action: Appoint Ignacio Rincon to the Historic Resources Commission as the Ward 1 representative and administer Oath of Office. (Pursuant to SAMC Sec. 2326(a), requires five affirmative votes)
12. Appropriation Adjustment and Capital Improvement Project Amendment for Memory Lane and Flower Street Bikeway and Traffic Calming (Project No. 236029) Department(s): Public Works Agency
Recommended Action: 1. Approve an appropriation adjustment to recognize Traffic System Management Grant funds in the amount of $450,000 in the State GrantDirect revenue account, and appropriate the same amount to the Active Transportation Program, Improvements Other than Buildings expenditure account. (Requires five affirmative votes)
2. Approve an amendment to the Fiscal Year 202324 Capital Improvement Project to include $450,000 of funding to the Memory Lane and Flower Street Bikeway and Traffic Calming (Project No. 236029) ATPL5063(217).
13. Appropriation Adjustment and Capital Improvement Project Amendment for the Bus Stop Improvement Project (Project No. 246985) (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: 1. Approve an appropriation adjustment recognizing $398,000 in Clean California Local Grant Program grant funds in the Select Street Construction, State GrantDirect revenue account, and appropriate the same amount into the Select Street Construction, Improvements Other than Buildings expenditure account. (Requires five affirmative votes)
2. Approve an amendment to the Fiscal Year 202324 Capital Improvement Project to include $398,000 of funding to the Bus Stop Improvement Project (Project No. 24 6985).
14. Appropriation Adjustments and Capital Improvement Project Amendments for the Santa Ana Zoo Stormwater Capture and Diversion Project (Project No. 246604) and the New Washington Well Project (Project No. 196423) (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: 1. Approve an appropriation adjustment to recognize $2,603,525 in Proposition 1 Integrated Regional Water Management (IRWM) grant funds from the California Department of Water Resources into the Miscellaneous Revenue, State GrantsIndirect Revenue Account and appropriate the same amount into the Proposition 1 Integrated Regional Water Management Program, Improvements Other than Buildings expenditure account. (Requires five affirmative votes)
2. Approve an amendment to the Fiscal Year 202324 Capital Improvement Program to include $2,603,525 of funding from the Department of Water Resources Proposition 1 Integrated Regional Water Management Grant Program for the Santa Ana Zoo Stormwater Capture and Diversion Project.
3. Approve an appropriation adjustment to recognize $3,394,743 in Prop 1 IRWM Grant Funds from the California Department of Water Resources into the Miscellaneous Revenue, State GrantsIndirect Revenue Account and appropriate the same amount into the Proposition 1 Integrated Regional Water Management Program, Improvements Other than Buildings expenditure account. (Requires five affirmative votes)
4. Approve an amendment to the Fiscal Year 202324 Capital Improvement Program to include $3,394,743 of funding from the Department of Water Resources Proposition 1 Integrated Regional Water Management Grant Program for the New Washington Well Project.
15. Blanket Order Contract to US Gain, a Division of US Venture Inc., for Compressed Natural Gas Fueling Services (Spec No. 24049) (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: Award Blanket Order Contract to US Gain, a Division of US Venture Inc., for compressed natural gas fueling services, in amount not to exceed $240,000, on an asneeded basis, for an initial oneyear term beginning April 16, 2024 and expiring April 15, 2025, with provisions for one, oneyear renewal option.
16. Aggregate Blanket Order Contracts to Famcon Pipe & Supply, Inc. and Core & Main for Manhole Covers, Water Valves, and Covers in an Aggregate Amount Not to Exceed $1,235,000 (Specification No. 24019) (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: Award aggregate blanket order contracts to Famcon Pipe & Supply, Inc. and Core & Main for the purchase of manhole covers, water valves, and covers on an asneeded basis in an aggregate amount not to exceed $1,235,000, for a twoyear term beginning April 16, 2024 and expiring April 15, 2026, with provisions for three, oneyear renewal options.
17. Purchase Order to Southern Bleacher Company, Inc. for the Purchase and Installation of Bleacher Seating in an Amount Not to Exceed $549,214 (Specification No. 24 045) (General Fund)
Department(s): Public Works Agency
Recommended Action: Authorize a onetime purchase and payment of a purchase order to Southern Bleacher Company, Inc. for bleacher seating and corresponding installation services for the Santa Ana Stadium in the amount of $499,285, plus a contingency amount of $49,929, for a total amount not to exceed $549,214.
18. Amendment to Agreement with Mark Thomas & Company for Grant Writing Services (Project No. 226899 & 246899) (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute the first amendment to the agreement with Mark Thomas & Company, Inc. for grant writing services for the Santa Ana Boulevard Grade Separation in the amount of $69,654, with a contingency amount of $10,346, for a new total agreement amount of $330,000 (Agreement No. A 2024XXX).
19. Site License Agreement with Pacific Coast Shuttles, LLC, dba Futura Bus Net, Inc., to allow for Sublicense Agreement with Ohana Shuttles, LLC for Bus Passenger Services at the Santa Ana Regional Transportation Center Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to amend the site license agreement with Pacific Coast Shuttles, LLC, dba Futura Bus Net, Inc., to allow for a sublicense agreement with Ohana Shuttles, LLC to compensate the City $1,500 per month for the rental of one bus bay for bus passenger services at the Santa Ana Regional Transportation Center, for a oneyear term beginning May 1, 2024 and ending April 30, 2025, with the option for three, oneyear renewal periods (Agreement No. 2024XXX).
20. Amend Agreement with LOC Architects to Increase the Design Services for the Santa Ana Zoo Educational Hub Building Project (Project No. 232601) Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute a first amendment to the consultant agreement with LOC Architects for design services for the Santa Ana Zoo Educational Hub Project (Project No. 232601) to increase the amount by $123,400, for a total amount not to exceed $508,520 (Agreement No. A2024XXX).
21. Memorandum of Understanding for the Master Plan of Arterial Highways with the Orange County Transportation Authority and the City of Irvine Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute a Memorandum of Understanding for the Master Plan of Arterial Highways Amendment with the Orange County Transportation Authority and the City of Irvine (Agreement No. A2024XXX).
22. Award a Construction Contract to Fleming Environmental, Inc. for the Fire Station 75 Fuel System Replacement (Project No. 226020) (General Fund) Department(s): Public Works Agency
Recommended Action: 1. Award a construction contract to Fleming Environmental, Inc. in accordance with the base bid in the amount of $584,667, subject to change orders (not to exceed 25% of the base bid amount) in accordance with the Greenbook: Standard Specifications for Public Works Construction, for fuel system replacement at Fire Station 75 for the term beginning upon execution of the contract and ending upon project completion, and authorize the City Manager to execute the contract.
2. Approve the Project Cost Analysis for a total estimated construction delivery cost of $818,534, which includes $584,667 for the construction contract, $87,700 for contract administration, inspection, and testing, and a $146,167 project contingency for unanticipated or unforeseen work.
3. Approve an amendment to the FY 202324 Capital Improvement Program to include $818,534 in construction funding approved in FY 202122 and 202223 proposed budget for the Fire Station.
4. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER202414 was filed for project 226020.
23. Amendment to Agreement with Protection America Inc. to Provide Security Services at Transportation DropOff and PickUp Locations Used for Santa Ana Navigation Center Guests
Department(s): Community Development Agency
Recommended Action: Authorize the City Manager to execute a first amendment to the agreement with Protection America Inc. to provide security services at the dropoff and pickup locations used by the Santa Ana Navigation Center to extend the term until June 30, 2025 and to add an additional $117,308, for a total amount not to exceed $167,308 (Agreement No. A2024XXX).
24. First Amendment with Patrol Solutions, LLC for Event Security Services at City Events to Update the Rates and Amend Compensation Terms from Annual Amounts to Total Not to Exceed Amount of $450,000 for the Entirety of the Agreement Department(s): Parks, Recreation, and Community Services Recommended Action: Authorize the City Manager to execute a first amendment to the agreement with Patrol Solutions, LLC for event security services at City Events to update the rates and amend the compensation terms from annual amounts to total not to exceed amount of $450,000 for the entirety of the agreement (Agreement No. A 2024XXX).
25. Ordinance Amending the Santa Ana Municipal Code (SAMC) to add Article XXI to Chapter 8 of the SAMC Prohibiting ShortTerm Rentals (Second Reading) Legal notice was published in the OC Reporter on April 10, 2024.
Department(s): Planning and Building Agency
Recommended Action: Conduct a second reading and adopt an ordinance amending the Santa Ana Municipal Code (SAMC) to add Article XXI to Chapter 8 of the SAMC prohibiting ShortTerm Rentals.
ORDINANCE NO. NS3061 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, ADDING ARTICLE XXI TO CHAPTER 8 OF THE SANTA ANA MUNICIPAL CODE PROHIBITING SHORTTERM RENTALS
26. Adopt an Ordinance of the City Council of The City of Santa Ana Amending Chapter 2 of The City of Santa Ana Municipal Code (Administration), Article IV (Officers, Departments, Boards and Commissions), Division 15 Relating to Emergency Services Section 2643 – Definitions (Second Reading)
Legal notice was published in the OC Reporter on April 10, 2024.
Department(s): Finance and Management Services
Recommended Action: Conduct a second reading and adopt an Ordinance to expand the definition of an emergency in the Santa Ana Municipal Code.
ORDINANCE NO. NS3062 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 2 OF THE SANTA ANA MUNICIPAL CODE (ADMINISTRATION), ARTICLE IV (OFFICERS, DEPARTMENTS, BOARDS AND COMMISSIONS), DIVISION 15 RELATING TO EMERGENCY SERVICES, SECTION 2643 DEFINITIONS
**END OF CONSENT CALENDAR**
BUSINESS CALENDAR
27. Resolution of the City Council of the City of Santa Ana Announcing Its Strenuous Opposition to the Establishment of a Needle Exchange Program in the City Department(s): City Manager’s Office
Recommended Action: Adopt a Resolution opposing the establishment of a needle exchange program in the City of Santa Ana as proposed by the Harm Reduction Institute’s application to the California Department of Public Health.
RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ANNOUNCING ITS STRENUOUS OPPOSITION TO THE ESTABLISHMENT OF A NEEDLE EXCHANGE PROGRAM IN THE CITY
28. Urgency Interim Ordinance Pursuant to Section 65858(a) of the California Government Code Adopting a 45day Moratorium on the Approval, Commencement, Establishment, Relocation, or Expansion of Industrial Uses within Specific Development No. 84
(A copy of the full text of the proposed urgency ordinance is available for review in the City Clerk’s Office)
Department(s): Planning and Building Agency
Recommended Action:
1. Adopt an urgency ordinance by fourfifths (4/5) vote, pursuant to California Government Code Section 65858(a), adopting a 45day moratorium on the approval, commencement, establishment, relocation, or expansion of industrial uses within Specific Development No. 84 zoning district.
ORDINANCE NO. NSXXXX entitled AN URGENCY INTERIM ORDINANCE OF THE CITY OF SANTA ANA PURSUANT TO GOVERNMENT CODE SECTION 65858 ADOPTING A 45DAY MORATORIUM ON THE APPROVAL, COMMENCEMENT, ESTABLISHMENT, RELOCATION OR EXPANSION OF INDUSTRIAL USES WITHIN SPECIFIC DEVELOPMENT NO. 84 ZONING DISTRICT
2. Find that, in accordance with the California Environmental Quality Act (CEQA), the proposed action is not subject to the requirements of the California Environmental Quality Act, pursuant to (Guidelines) Section 15060(c)(2) because the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment and 15060(c)(3) because the activity is not a project as defined in Section 15378 of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly and so is not a project. **END OF BUSINESS CALENDAR**
COUNCILMEMBER REQUESTED ITEMS
29. Discuss and Consider Providing Direction to the City Manager Regarding the Santa Ana, Juneteenth Festival Being Led by the Orange County Heritage Council (OCHC) – Councilmember 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.
Adjourn in memory of
Don Sneddon
Future Items
1. Water Shutoff Protection Compliance Ordinance
2. FY202425 Budget Discussions and Approval
POSTING STATEMENT: On April 9, 2024, 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.
4/16/2024
City Council Meeting Agenda (Revised 4/10/24)
April 16, 2024
CLOSED SESSION MEETING – 4:30 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
Mayor Pro Tem – Ward 1
Benjamin Vazquez
Councilmember Ward 2
Jessie Lopez
Councilmember 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
Alvaro Nuñez
Acting 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) agenda/general comments, 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 4:30 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 4:00 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL and raise your hand BY 4:30 p.m. Speakers who are not in the speaker queue with their hand raised by 4:30 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 4:00 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
Jessie Lopez
David Penaloza
Benjamin Vazquez
Mayor Pro Tem Thai Viet Phan
Mayor Valerie Amezcua
Acting City Manager Alvaro Nuñez
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. LIABILITY CLAIM pursuant to Government Code Section 54956.95:
Claimant: Alan Berg [Workers’ Compensation Claim]
2. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code:
Heather Heider v. City of Santa Ana, Orange County Superior Court Case No. 30 201901055281CUOECJC
3. PUBLIC EMPLOYEE PERFORMANCE EVALUATION pursuant to Government Code Section 54957(b)(1):
TITLE: City Clerk
4. CONFERENCE WITH LABOR NEGOTIATOR pursuant to California Government Code Section 54957.6(a)
Agency Designated Representative: Lori Schnaider, Acting Executive Director of Human Resources
Unrepresented Employee: City Clerk
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
Jessie Lopez
David Penaloza
Benjamin Vazquez
Mayor Pro Tem Thai Viet Phan
Mayor Valerie Amezcua
Acting City Manager Alvaro Nuñez
City Attorney Sonia R. Carvalho
City Clerk Jennifer L. Hall
ROLL CALL
PLEDGE OF ALLEGIANCE Mayor Amezcua
WORDS OF INSPIRATION Police Chaplain Bob Barnett
ADDITIONS\DELETIONS TO THE AGENDA
CEREMONIAL PRESENTATIONS
1. Certificate of Recognition presented by Mayor Amezcua to Ivy Nguyen for Outstanding Acts of Heroism
2. Proclamation presented by Mayor Pro Tem Phan declaring April 30 as Black April (revised 4/10/2024)
3. Proclamation presented by Councilmember Bacerra to the Orange County Fire Authority declaring May 4, 2024 as International Firefighters’ Day
4. Proclamation presented by Councilmember Hernandez to Southern California Coalition for Occupational Safety & Health declaring April 28, 2024 as Workers’ Memorial Day
5. Proclamation presented by Councilmember Lopez to OC Habitats declaring April 22, 2024 as Earth Day
6. Proclamation presented by Councilmember Vazquez to Latino Health Access declaring April 2024 as National Child Abuse Prevention Month
STAFF PRESENTATIONS
7. ACCOC Presentation (Withdrawn 04/10/2024)
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: 8 through 26 and waive reading of all resolutions and ordinances.
8. Excused Absences
Department(s): City Clerk’s Office
Recommended Action: Excuse the absent members.
9. Minutes from the Regular Meeting of April 2, 2024
Department(s): City Clerk’s Office
Recommended Action: Approve minutes.
10. Appoint Esperanza Martinez Nominated by Councilmember Lopez as a Mobilehome Tenant Representative to the Rental Housing Board for a Full Term Expiring in 2027 Department(s): City Clerk’s Office
Recommended Action: Appoint Esperanza Martinez to the Rental Housing Board as a Mobilehome Tenant Representative and administer the Oath of Office. (Pursuant to SAMC Sec. 2326(a), requires five affirmative votes)
11. Appoint Ignacio Rincon Nominated by Mayor Pro Tem Phan as the Ward 1 Representative to the Historic Resources Commission for a PartialTerm Expiring December 10, 2024
Department(s): City Clerk’s Office
Recommended Action: Appoint Ignacio Rincon to the Historic Resources Commission as the Ward 1 representative and administer Oath of Office. (Pursuant to SAMC Sec. 2326(a), requires five affirmative votes)
12. Appropriation Adjustment and Capital Improvement Project Amendment for Memory Lane and Flower Street Bikeway and Traffic Calming (Project No. 236029) Department(s): Public Works Agency
Recommended Action: 1. Approve an appropriation adjustment to recognize Traffic System Management Grant funds in the amount of $450,000 in the State GrantDirect revenue account, and appropriate the same amount to the Active Transportation Program, Improvements Other than Buildings expenditure account. (Requires five affirmative votes)
2. Approve an amendment to the Fiscal Year 202324 Capital Improvement Project to include $450,000 of funding to the Memory Lane and Flower Street Bikeway and Traffic Calming (Project No. 236029) ATPL5063(217).
13. Appropriation Adjustment and Capital Improvement Project Amendment for the Bus Stop Improvement Project (Project No. 246985) (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: 1. Approve an appropriation adjustment recognizing $398,000 in Clean California Local Grant Program grant funds in the Select Street Construction, State GrantDirect revenue account, and appropriate the same amount into the Select Street Construction, Improvements Other than Buildings expenditure account. (Requires five affirmative votes)
2. Approve an amendment to the Fiscal Year 202324 Capital Improvement Project to include $398,000 of funding to the Bus Stop Improvement Project (Project No. 24 6985).
14. Appropriation Adjustments and Capital Improvement Project Amendments for the Santa Ana Zoo Stormwater Capture and Diversion Project (Project No. 246604) and the New Washington Well Project (Project No. 196423) (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: 1. Approve an appropriation adjustment to recognize $2,603,525 in Proposition 1 Integrated Regional Water Management (IRWM) grant funds from the California Department of Water Resources into the Miscellaneous Revenue, State GrantsIndirect Revenue Account and appropriate the same amount into the Proposition 1 Integrated Regional Water Management Program, Improvements Other than Buildings expenditure account. (Requires five affirmative votes)
2. Approve an amendment to the Fiscal Year 202324 Capital Improvement Program to include $2,603,525 of funding from the Department of Water Resources Proposition 1 Integrated Regional Water Management Grant Program for the Santa Ana Zoo Stormwater Capture and Diversion Project.
3. Approve an appropriation adjustment to recognize $3,394,743 in Prop 1 IRWM Grant Funds from the California Department of Water Resources into the Miscellaneous Revenue, State GrantsIndirect Revenue Account and appropriate the same amount into the Proposition 1 Integrated Regional Water Management Program, Improvements Other than Buildings expenditure account. (Requires five affirmative votes)
4. Approve an amendment to the Fiscal Year 202324 Capital Improvement Program to include $3,394,743 of funding from the Department of Water Resources Proposition 1 Integrated Regional Water Management Grant Program for the New Washington Well Project.
15. Blanket Order Contract to US Gain, a Division of US Venture Inc., for Compressed Natural Gas Fueling Services (Spec No. 24049) (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: Award Blanket Order Contract to US Gain, a Division of US Venture Inc., for compressed natural gas fueling services, in amount not to exceed $240,000, on an asneeded basis, for an initial oneyear term beginning April 16, 2024 and expiring April 15, 2025, with provisions for one, oneyear renewal option.
16. Aggregate Blanket Order Contracts to Famcon Pipe & Supply, Inc. and Core & Main for Manhole Covers, Water Valves, and Covers in an Aggregate Amount Not to Exceed $1,235,000 (Specification No. 24019) (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: Award aggregate blanket order contracts to Famcon Pipe & Supply, Inc. and Core & Main for the purchase of manhole covers, water valves, and covers on an asneeded basis in an aggregate amount not to exceed $1,235,000, for a twoyear term beginning April 16, 2024 and expiring April 15, 2026, with provisions for three, oneyear renewal options.
17. Purchase Order to Southern Bleacher Company, Inc. for the Purchase and Installation of Bleacher Seating in an Amount Not to Exceed $549,214 (Specification No. 24 045) (General Fund)
Department(s): Public Works Agency
Recommended Action: Authorize a onetime purchase and payment of a purchase order to Southern Bleacher Company, Inc. for bleacher seating and corresponding installation services for the Santa Ana Stadium in the amount of $499,285, plus a contingency amount of $49,929, for a total amount not to exceed $549,214.
18. Amendment to Agreement with Mark Thomas & Company for Grant Writing Services (Project No. 226899 & 246899) (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute the first amendment to the agreement with Mark Thomas & Company, Inc. for grant writing services for the Santa Ana Boulevard Grade Separation in the amount of $69,654, with a contingency amount of $10,346, for a new total agreement amount of $330,000 (Agreement No. A 2024XXX).
19. Site License Agreement with Pacific Coast Shuttles, LLC, dba Futura Bus Net, Inc., to allow for Sublicense Agreement with Ohana Shuttles, LLC for Bus Passenger Services at the Santa Ana Regional Transportation Center Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to amend the site license agreement with Pacific Coast Shuttles, LLC, dba Futura Bus Net, Inc., to allow for a sublicense agreement with Ohana Shuttles, LLC to compensate the City $1,500 per month for the rental of one bus bay for bus passenger services at the Santa Ana Regional Transportation Center, for a oneyear term beginning May 1, 2024 and ending April 30, 2025, with the option for three, oneyear renewal periods (Agreement No. 2024XXX).
20. Amend Agreement with LOC Architects to Increase the Design Services for the Santa Ana Zoo Educational Hub Building Project (Project No. 232601) Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute a first amendment to the consultant agreement with LOC Architects for design services for the Santa Ana Zoo Educational Hub Project (Project No. 232601) to increase the amount by $123,400, for a total amount not to exceed $508,520 (Agreement No. A2024XXX).
21. Memorandum of Understanding for the Master Plan of Arterial Highways with the Orange County Transportation Authority and the City of Irvine Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute a Memorandum of Understanding for the Master Plan of Arterial Highways Amendment with the Orange County Transportation Authority and the City of Irvine (Agreement No. A2024XXX).
22. Award a Construction Contract to Fleming Environmental, Inc. for the Fire Station 75 Fuel System Replacement (Project No. 226020) (General Fund) Department(s): Public Works Agency
Recommended Action: 1. Award a construction contract to Fleming Environmental, Inc. in accordance with the base bid in the amount of $584,667, subject to change orders (not to exceed 25% of the base bid amount) in accordance with the Greenbook: Standard Specifications for Public Works Construction, for fuel system replacement at Fire Station 75 for the term beginning upon execution of the contract and ending upon project completion, and authorize the City Manager to execute the contract.
2. Approve the Project Cost Analysis for a total estimated construction delivery cost of $818,534, which includes $584,667 for the construction contract, $87,700 for contract administration, inspection, and testing, and a $146,167 project contingency for unanticipated or unforeseen work.
3. Approve an amendment to the FY 202324 Capital Improvement Program to include $818,534 in construction funding approved in FY 202122 and 202223 proposed budget for the Fire Station.
4. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER202414 was filed for project 226020.
23. Amendment to Agreement with Protection America Inc. to Provide Security Services at Transportation DropOff and PickUp Locations Used for Santa Ana Navigation Center Guests
Department(s): Community Development Agency
Recommended Action: Authorize the City Manager to execute a first amendment to the agreement with Protection America Inc. to provide security services at the dropoff and pickup locations used by the Santa Ana Navigation Center to extend the term until June 30, 2025 and to add an additional $117,308, for a total amount not to exceed $167,308 (Agreement No. A2024XXX).
24. First Amendment with Patrol Solutions, LLC for Event Security Services at City Events to Update the Rates and Amend Compensation Terms from Annual Amounts to Total Not to Exceed Amount of $450,000 for the Entirety of the Agreement Department(s): Parks, Recreation, and Community Services Recommended Action: Authorize the City Manager to execute a first amendment to the agreement with Patrol Solutions, LLC for event security services at City Events to update the rates and amend the compensation terms from annual amounts to total not to exceed amount of $450,000 for the entirety of the agreement (Agreement No. A 2024XXX).
25. Ordinance Amending the Santa Ana Municipal Code (SAMC) to add Article XXI to Chapter 8 of the SAMC Prohibiting ShortTerm Rentals (Second Reading) Legal notice was published in the OC Reporter on April 10, 2024.
Department(s): Planning and Building Agency
Recommended Action: Conduct a second reading and adopt an ordinance amending the Santa Ana Municipal Code (SAMC) to add Article XXI to Chapter 8 of the SAMC prohibiting ShortTerm Rentals.
ORDINANCE NO. NS3061 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, ADDING ARTICLE XXI TO CHAPTER 8 OF THE SANTA ANA MUNICIPAL CODE PROHIBITING SHORTTERM RENTALS
26. Adopt an Ordinance of the City Council of The City of Santa Ana Amending Chapter 2 of The City of Santa Ana Municipal Code (Administration), Article IV (Officers, Departments, Boards and Commissions), Division 15 Relating to Emergency Services Section 2643 – Definitions (Second Reading)
Legal notice was published in the OC Reporter on April 10, 2024.
Department(s): Finance and Management Services
Recommended Action: Conduct a second reading and adopt an Ordinance to expand the definition of an emergency in the Santa Ana Municipal Code.
ORDINANCE NO. NS3062 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 2 OF THE SANTA ANA MUNICIPAL CODE (ADMINISTRATION), ARTICLE IV (OFFICERS, DEPARTMENTS, BOARDS AND COMMISSIONS), DIVISION 15 RELATING TO EMERGENCY SERVICES, SECTION 2643 DEFINITIONS
**END OF CONSENT CALENDAR**
BUSINESS CALENDAR
27. Resolution of the City Council of the City of Santa Ana Announcing Its Strenuous Opposition to the Establishment of a Needle Exchange Program in the City Department(s): City Manager’s Office
Recommended Action: Adopt a Resolution opposing the establishment of a needle exchange program in the City of Santa Ana as proposed by the Harm Reduction Institute’s application to the California Department of Public Health.
RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ANNOUNCING ITS STRENUOUS OPPOSITION TO THE ESTABLISHMENT OF A NEEDLE EXCHANGE PROGRAM IN THE CITY
28. Urgency Interim Ordinance Pursuant to Section 65858(a) of the California Government Code Adopting a 45day Moratorium on the Approval, Commencement, Establishment, Relocation, or Expansion of Industrial Uses within Specific Development No. 84
(A copy of the full text of the proposed urgency ordinance is available for review in the City Clerk’s Office)
Department(s): Planning and Building Agency
Recommended Action:
1. Adopt an urgency ordinance by fourfifths (4/5) vote, pursuant to California Government Code Section 65858(a), adopting a 45day moratorium on the approval, commencement, establishment, relocation, or expansion of industrial uses within Specific Development No. 84 zoning district.
ORDINANCE NO. NSXXXX entitled AN URGENCY INTERIM ORDINANCE OF THE CITY OF SANTA ANA PURSUANT TO GOVERNMENT CODE SECTION 65858 ADOPTING A 45DAY MORATORIUM ON THE APPROVAL, COMMENCEMENT, ESTABLISHMENT, RELOCATION OR EXPANSION OF INDUSTRIAL USES WITHIN SPECIFIC DEVELOPMENT NO. 84 ZONING DISTRICT
2. Find that, in accordance with the California Environmental Quality Act (CEQA), the proposed action is not subject to the requirements of the California Environmental Quality Act, pursuant to (Guidelines) Section 15060(c)(2) because the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment and 15060(c)(3) because the activity is not a project as defined in Section 15378 of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly and so is not a project. **END OF BUSINESS CALENDAR**
COUNCILMEMBER REQUESTED ITEMS
29. Discuss and Consider Providing Direction to the City Manager Regarding the Santa Ana, Juneteenth Festival Being Led by the Orange County Heritage Council (OCHC) – Councilmember 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.
Adjourn in memory of
Don Sneddon
Future Items
1. Water Shutoff Protection Compliance Ordinance
2. FY202425 Budget Discussions and Approval
POSTING STATEMENT: On April 9, 2024, 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.
4/16/2024
City Council Meeting Agenda (Revised 4/10/24)
April 16, 2024
CLOSED SESSION MEETING – 4:30 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
Mayor Pro Tem – Ward 1
Benjamin Vazquez
Councilmember Ward 2
Jessie Lopez
Councilmember 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
Alvaro Nuñez
Acting 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) agenda/general comments, 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 4:30 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 4:00 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL and raise your hand BY 4:30 p.m. Speakers who are not in the speaker queue with their hand raised by 4:30 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 4:00 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
Jessie Lopez
David Penaloza
Benjamin Vazquez
Mayor Pro Tem Thai Viet Phan
Mayor Valerie Amezcua
Acting City Manager Alvaro Nuñez
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. LIABILITY CLAIM pursuant to Government Code Section 54956.95:
Claimant: Alan Berg [Workers’ Compensation Claim]
2. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code:
Heather Heider v. City of Santa Ana, Orange County Superior Court Case No. 30 201901055281CUOECJC
3. PUBLIC EMPLOYEE PERFORMANCE EVALUATION pursuant to Government Code Section 54957(b)(1):
TITLE: City Clerk
4. CONFERENCE WITH LABOR NEGOTIATOR pursuant to California Government Code Section 54957.6(a)
Agency Designated Representative: Lori Schnaider, Acting Executive Director of Human Resources
Unrepresented Employee: City Clerk
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
Jessie Lopez
David Penaloza
Benjamin Vazquez
Mayor Pro Tem Thai Viet Phan
Mayor Valerie Amezcua
Acting City Manager Alvaro Nuñez
City Attorney Sonia R. Carvalho
City Clerk Jennifer L. Hall
ROLL CALL
PLEDGE OF ALLEGIANCE Mayor Amezcua
WORDS OF INSPIRATION Police Chaplain Bob Barnett
ADDITIONS\DELETIONS TO THE AGENDA
CEREMONIAL PRESENTATIONS
1. Certificate of Recognition presented by Mayor Amezcua to Ivy Nguyen for Outstanding Acts of Heroism
2. Proclamation presented by Mayor Pro Tem Phan declaring April 30 as Black April (revised 4/10/2024)
3. Proclamation presented by Councilmember Bacerra to the Orange County Fire Authority declaring May 4, 2024 as International Firefighters’ Day
4. Proclamation presented by Councilmember Hernandez to Southern California Coalition for Occupational Safety & Health declaring April 28, 2024 as Workers’ Memorial Day
5. Proclamation presented by Councilmember Lopez to OC Habitats declaring April 22, 2024 as Earth Day
6. Proclamation presented by Councilmember Vazquez to Latino Health Access declaring April 2024 as National Child Abuse Prevention Month
STAFF PRESENTATIONS
7. ACCOC Presentation (Withdrawn 04/10/2024)
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: 8 through 26 and waive reading of all resolutions and ordinances.
8. Excused Absences
Department(s): City Clerk’s Office
Recommended Action: Excuse the absent members.
9. Minutes from the Regular Meeting of April 2, 2024
Department(s): City Clerk’s Office
Recommended Action: Approve minutes.
10. Appoint Esperanza Martinez Nominated by Councilmember Lopez as a Mobilehome Tenant Representative to the Rental Housing Board for a Full Term Expiring in 2027 Department(s): City Clerk’s Office
Recommended Action: Appoint Esperanza Martinez to the Rental Housing Board as a Mobilehome Tenant Representative and administer the Oath of Office. (Pursuant to SAMC Sec. 2326(a), requires five affirmative votes)
11. Appoint Ignacio Rincon Nominated by Mayor Pro Tem Phan as the Ward 1 Representative to the Historic Resources Commission for a PartialTerm Expiring December 10, 2024
Department(s): City Clerk’s Office
Recommended Action: Appoint Ignacio Rincon to the Historic Resources Commission as the Ward 1 representative and administer Oath of Office. (Pursuant to SAMC Sec. 2326(a), requires five affirmative votes)
12. Appropriation Adjustment and Capital Improvement Project Amendment for Memory Lane and Flower Street Bikeway and Traffic Calming (Project No. 236029) Department(s): Public Works Agency
Recommended Action: 1. Approve an appropriation adjustment to recognize Traffic System Management Grant funds in the amount of $450,000 in the State GrantDirect revenue account, and appropriate the same amount to the Active Transportation Program, Improvements Other than Buildings expenditure account. (Requires five affirmative votes)
2. Approve an amendment to the Fiscal Year 202324 Capital Improvement Project to include $450,000 of funding to the Memory Lane and Flower Street Bikeway and Traffic Calming (Project No. 236029) ATPL5063(217).
13. Appropriation Adjustment and Capital Improvement Project Amendment for the Bus Stop Improvement Project (Project No. 246985) (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: 1. Approve an appropriation adjustment recognizing $398,000 in Clean California Local Grant Program grant funds in the Select Street Construction, State GrantDirect revenue account, and appropriate the same amount into the Select Street Construction, Improvements Other than Buildings expenditure account. (Requires five affirmative votes)
2. Approve an amendment to the Fiscal Year 202324 Capital Improvement Project to include $398,000 of funding to the Bus Stop Improvement Project (Project No. 24 6985).
14. Appropriation Adjustments and Capital Improvement Project Amendments for the Santa Ana Zoo Stormwater Capture and Diversion Project (Project No. 246604) and the New Washington Well Project (Project No. 196423) (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: 1. Approve an appropriation adjustment to recognize $2,603,525 in Proposition 1 Integrated Regional Water Management (IRWM) grant funds from the California Department of Water Resources into the Miscellaneous Revenue, State GrantsIndirect Revenue Account and appropriate the same amount into the Proposition 1 Integrated Regional Water Management Program, Improvements Other than Buildings expenditure account. (Requires five affirmative votes)
2. Approve an amendment to the Fiscal Year 202324 Capital Improvement Program to include $2,603,525 of funding from the Department of Water Resources Proposition 1 Integrated Regional Water Management Grant Program for the Santa Ana Zoo Stormwater Capture and Diversion Project.
3. Approve an appropriation adjustment to recognize $3,394,743 in Prop 1 IRWM Grant Funds from the California Department of Water Resources into the Miscellaneous Revenue, State GrantsIndirect Revenue Account and appropriate the same amount into the Proposition 1 Integrated Regional Water Management Program, Improvements Other than Buildings expenditure account. (Requires five affirmative votes)
4. Approve an amendment to the Fiscal Year 202324 Capital Improvement Program to include $3,394,743 of funding from the Department of Water Resources Proposition 1 Integrated Regional Water Management Grant Program for the New Washington Well Project.
15. Blanket Order Contract to US Gain, a Division of US Venture Inc., for Compressed Natural Gas Fueling Services (Spec No. 24049) (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: Award Blanket Order Contract to US Gain, a Division of US Venture Inc., for compressed natural gas fueling services, in amount not to exceed $240,000, on an asneeded basis, for an initial oneyear term beginning April 16, 2024 and expiring April 15, 2025, with provisions for one, oneyear renewal option.
16. Aggregate Blanket Order Contracts to Famcon Pipe & Supply, Inc. and Core & Main for Manhole Covers, Water Valves, and Covers in an Aggregate Amount Not to Exceed $1,235,000 (Specification No. 24019) (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: Award aggregate blanket order contracts to Famcon Pipe & Supply, Inc. and Core & Main for the purchase of manhole covers, water valves, and covers on an asneeded basis in an aggregate amount not to exceed $1,235,000, for a twoyear term beginning April 16, 2024 and expiring April 15, 2026, with provisions for three, oneyear renewal options.
17. Purchase Order to Southern Bleacher Company, Inc. for the Purchase and Installation of Bleacher Seating in an Amount Not to Exceed $549,214 (Specification No. 24 045) (General Fund)
Department(s): Public Works Agency
Recommended Action: Authorize a onetime purchase and payment of a purchase order to Southern Bleacher Company, Inc. for bleacher seating and corresponding installation services for the Santa Ana Stadium in the amount of $499,285, plus a contingency amount of $49,929, for a total amount not to exceed $549,214.
18. Amendment to Agreement with Mark Thomas & Company for Grant Writing Services (Project No. 226899 & 246899) (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute the first amendment to the agreement with Mark Thomas & Company, Inc. for grant writing services for the Santa Ana Boulevard Grade Separation in the amount of $69,654, with a contingency amount of $10,346, for a new total agreement amount of $330,000 (Agreement No. A 2024XXX).
19. Site License Agreement with Pacific Coast Shuttles, LLC, dba Futura Bus Net, Inc., to allow for Sublicense Agreement with Ohana Shuttles, LLC for Bus Passenger Services at the Santa Ana Regional Transportation Center Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to amend the site license agreement with Pacific Coast Shuttles, LLC, dba Futura Bus Net, Inc., to allow for a sublicense agreement with Ohana Shuttles, LLC to compensate the City $1,500 per month for the rental of one bus bay for bus passenger services at the Santa Ana Regional Transportation Center, for a oneyear term beginning May 1, 2024 and ending April 30, 2025, with the option for three, oneyear renewal periods (Agreement No. 2024XXX).
20. Amend Agreement with LOC Architects to Increase the Design Services for the Santa Ana Zoo Educational Hub Building Project (Project No. 232601) Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute a first amendment to the consultant agreement with LOC Architects for design services for the Santa Ana Zoo Educational Hub Project (Project No. 232601) to increase the amount by $123,400, for a total amount not to exceed $508,520 (Agreement No. A2024XXX).
21. Memorandum of Understanding for the Master Plan of Arterial Highways with the Orange County Transportation Authority and the City of Irvine Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute a Memorandum of Understanding for the Master Plan of Arterial Highways Amendment with the Orange County Transportation Authority and the City of Irvine (Agreement No. A2024XXX).
22. Award a Construction Contract to Fleming Environmental, Inc. for the Fire Station 75 Fuel System Replacement (Project No. 226020) (General Fund) Department(s): Public Works Agency
Recommended Action: 1. Award a construction contract to Fleming Environmental, Inc. in accordance with the base bid in the amount of $584,667, subject to change orders (not to exceed 25% of the base bid amount) in accordance with the Greenbook: Standard Specifications for Public Works Construction, for fuel system replacement at Fire Station 75 for the term beginning upon execution of the contract and ending upon project completion, and authorize the City Manager to execute the contract.
2. Approve the Project Cost Analysis for a total estimated construction delivery cost of $818,534, which includes $584,667 for the construction contract, $87,700 for contract administration, inspection, and testing, and a $146,167 project contingency for unanticipated or unforeseen work.
3. Approve an amendment to the FY 202324 Capital Improvement Program to include $818,534 in construction funding approved in FY 202122 and 202223 proposed budget for the Fire Station.
4. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER202414 was filed for project 226020.
23. Amendment to Agreement with Protection America Inc. to Provide Security Services at Transportation DropOff and PickUp Locations Used for Santa Ana Navigation Center Guests
Department(s): Community Development Agency
Recommended Action: Authorize the City Manager to execute a first amendment to the agreement with Protection America Inc. to provide security services at the dropoff and pickup locations used by the Santa Ana Navigation Center to extend the term until June 30, 2025 and to add an additional $117,308, for a total amount not to exceed $167,308 (Agreement No. A2024XXX).
24. First Amendment with Patrol Solutions, LLC for Event Security Services at City Events to Update the Rates and Amend Compensation Terms from Annual Amounts to Total Not to Exceed Amount of $450,000 for the Entirety of the Agreement Department(s): Parks, Recreation, and Community Services Recommended Action: Authorize the City Manager to execute a first amendment to the agreement with Patrol Solutions, LLC for event security services at City Events to update the rates and amend the compensation terms from annual amounts to total not to exceed amount of $450,000 for the entirety of the agreement (Agreement No. A 2024XXX).
25. Ordinance Amending the Santa Ana Municipal Code (SAMC) to add Article XXI to Chapter 8 of the SAMC Prohibiting ShortTerm Rentals (Second Reading) Legal notice was published in the OC Reporter on April 10, 2024.
Department(s): Planning and Building Agency
Recommended Action: Conduct a second reading and adopt an ordinance amending the Santa Ana Municipal Code (SAMC) to add Article XXI to Chapter 8 of the SAMC prohibiting ShortTerm Rentals.
ORDINANCE NO. NS3061 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, ADDING ARTICLE XXI TO CHAPTER 8 OF THE SANTA ANA MUNICIPAL CODE PROHIBITING SHORTTERM RENTALS
26. Adopt an Ordinance of the City Council of The City of Santa Ana Amending Chapter 2 of The City of Santa Ana Municipal Code (Administration), Article IV (Officers, Departments, Boards and Commissions), Division 15 Relating to Emergency Services Section 2643 – Definitions (Second Reading)
Legal notice was published in the OC Reporter on April 10, 2024.
Department(s): Finance and Management Services
Recommended Action: Conduct a second reading and adopt an Ordinance to expand the definition of an emergency in the Santa Ana Municipal Code.
ORDINANCE NO. NS3062 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 2 OF THE SANTA ANA MUNICIPAL CODE (ADMINISTRATION), ARTICLE IV (OFFICERS, DEPARTMENTS, BOARDS AND COMMISSIONS), DIVISION 15 RELATING TO EMERGENCY SERVICES, SECTION 2643 DEFINITIONS
**END OF CONSENT CALENDAR**
BUSINESS CALENDAR
27. Resolution of the City Council of the City of Santa Ana Announcing Its Strenuous Opposition to the Establishment of a Needle Exchange Program in the City Department(s): City Manager’s Office
Recommended Action: Adopt a Resolution opposing the establishment of a needle exchange program in the City of Santa Ana as proposed by the Harm Reduction Institute’s application to the California Department of Public Health.
RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ANNOUNCING ITS STRENUOUS OPPOSITION TO THE ESTABLISHMENT OF A NEEDLE EXCHANGE PROGRAM IN THE CITY
28. Urgency Interim Ordinance Pursuant to Section 65858(a) of the California Government Code Adopting a 45day Moratorium on the Approval, Commencement, Establishment, Relocation, or Expansion of Industrial Uses within Specific Development No. 84
(A copy of the full text of the proposed urgency ordinance is available for review in the City Clerk’s Office)
Department(s): Planning and Building Agency
Recommended Action:
1. Adopt an urgency ordinance by fourfifths (4/5) vote, pursuant to California Government Code Section 65858(a), adopting a 45day moratorium on the approval, commencement, establishment, relocation, or expansion of industrial uses within Specific Development No. 84 zoning district.
ORDINANCE NO. NSXXXX entitled AN URGENCY INTERIM ORDINANCE OF THE CITY OF SANTA ANA PURSUANT TO GOVERNMENT CODE SECTION 65858 ADOPTING A 45DAY MORATORIUM ON THE APPROVAL, COMMENCEMENT, ESTABLISHMENT, RELOCATION OR EXPANSION OF INDUSTRIAL USES WITHIN SPECIFIC DEVELOPMENT NO. 84 ZONING DISTRICT
2. Find that, in accordance with the California Environmental Quality Act (CEQA), the proposed action is not subject to the requirements of the California Environmental Quality Act, pursuant to (Guidelines) Section 15060(c)(2) because the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment and 15060(c)(3) because the activity is not a project as defined in Section 15378 of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly and so is not a project. **END OF BUSINESS CALENDAR**
COUNCILMEMBER REQUESTED ITEMS
29. Discuss and Consider Providing Direction to the City Manager Regarding the Santa Ana, Juneteenth Festival Being Led by the Orange County Heritage Council (OCHC) – Councilmember 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.
Adjourn in memory of
Don Sneddon
Future Items
1. Water Shutoff Protection Compliance Ordinance
2. FY202425 Budget Discussions and Approval
POSTING STATEMENT: On April 9, 2024, 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.
4/16/2024
City Council Meeting Agenda (Revised 4/10/24)
April 16, 2024
CLOSED SESSION MEETING – 4:30 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
Mayor Pro Tem – Ward 1
Benjamin Vazquez
Councilmember Ward 2
Jessie Lopez
Councilmember 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
Alvaro Nuñez
Acting 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) agenda/general comments, 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 4:30 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 4:00 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL and raise your hand BY 4:30 p.m. Speakers who are not in the speaker queue with their hand raised by 4:30 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 4:00 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
Jessie Lopez
David Penaloza
Benjamin Vazquez
Mayor Pro Tem Thai Viet Phan
Mayor Valerie Amezcua
Acting City Manager Alvaro Nuñez
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. LIABILITY CLAIM pursuant to Government Code Section 54956.95:
Claimant: Alan Berg [Workers’ Compensation Claim]
2. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code:
Heather Heider v. City of Santa Ana, Orange County Superior Court Case No. 30 201901055281CUOECJC
3. PUBLIC EMPLOYEE PERFORMANCE EVALUATION pursuant to Government Code Section 54957(b)(1):
TITLE: City Clerk
4. CONFERENCE WITH LABOR NEGOTIATOR pursuant to California Government Code Section 54957.6(a)
Agency Designated Representative: Lori Schnaider, Acting Executive Director of Human Resources
Unrepresented Employee: City Clerk
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
Jessie Lopez
David Penaloza
Benjamin Vazquez
Mayor Pro Tem Thai Viet Phan
Mayor Valerie Amezcua
Acting City Manager Alvaro Nuñez
City Attorney Sonia R. Carvalho
City Clerk Jennifer L. Hall
ROLL CALL
PLEDGE OF ALLEGIANCE Mayor Amezcua
WORDS OF INSPIRATION Police Chaplain Bob Barnett
ADDITIONS\DELETIONS TO THE AGENDA
CEREMONIAL PRESENTATIONS
1. Certificate of Recognition presented by Mayor Amezcua to Ivy Nguyen for Outstanding Acts of Heroism
2. Proclamation presented by Mayor Pro Tem Phan declaring April 30 as Black April (revised 4/10/2024)
3. Proclamation presented by Councilmember Bacerra to the Orange County Fire Authority declaring May 4, 2024 as International Firefighters’ Day
4. Proclamation presented by Councilmember Hernandez to Southern California Coalition for Occupational Safety & Health declaring April 28, 2024 as Workers’ Memorial Day
5. Proclamation presented by Councilmember Lopez to OC Habitats declaring April 22, 2024 as Earth Day
6. Proclamation presented by Councilmember Vazquez to Latino Health Access declaring April 2024 as National Child Abuse Prevention Month
STAFF PRESENTATIONS
7. ACCOC Presentation (Withdrawn 04/10/2024)
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: 8 through 26 and waive reading of all resolutions and ordinances.
8. Excused Absences
Department(s): City Clerk’s Office
Recommended Action: Excuse the absent members.
9. Minutes from the Regular Meeting of April 2, 2024
Department(s): City Clerk’s Office
Recommended Action: Approve minutes.
10. Appoint Esperanza Martinez Nominated by Councilmember Lopez as a Mobilehome Tenant Representative to the Rental Housing Board for a Full Term Expiring in 2027 Department(s): City Clerk’s Office
Recommended Action: Appoint Esperanza Martinez to the Rental Housing Board as a Mobilehome Tenant Representative and administer the Oath of Office. (Pursuant to SAMC Sec. 2326(a), requires five affirmative votes)
11. Appoint Ignacio Rincon Nominated by Mayor Pro Tem Phan as the Ward 1 Representative to the Historic Resources Commission for a PartialTerm Expiring December 10, 2024
Department(s): City Clerk’s Office
Recommended Action: Appoint Ignacio Rincon to the Historic Resources Commission as the Ward 1 representative and administer Oath of Office. (Pursuant to SAMC Sec. 2326(a), requires five affirmative votes)
12. Appropriation Adjustment and Capital Improvement Project Amendment for Memory Lane and Flower Street Bikeway and Traffic Calming (Project No. 236029) Department(s): Public Works Agency
Recommended Action: 1. Approve an appropriation adjustment to recognize Traffic System Management Grant funds in the amount of $450,000 in the State GrantDirect revenue account, and appropriate the same amount to the Active Transportation Program, Improvements Other than Buildings expenditure account. (Requires five affirmative votes)
2. Approve an amendment to the Fiscal Year 202324 Capital Improvement Project to include $450,000 of funding to the Memory Lane and Flower Street Bikeway and Traffic Calming (Project No. 236029) ATPL5063(217).
13. Appropriation Adjustment and Capital Improvement Project Amendment for the Bus Stop Improvement Project (Project No. 246985) (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: 1. Approve an appropriation adjustment recognizing $398,000 in Clean California Local Grant Program grant funds in the Select Street Construction, State GrantDirect revenue account, and appropriate the same amount into the Select Street Construction, Improvements Other than Buildings expenditure account. (Requires five affirmative votes)
2. Approve an amendment to the Fiscal Year 202324 Capital Improvement Project to include $398,000 of funding to the Bus Stop Improvement Project (Project No. 24 6985).
14. Appropriation Adjustments and Capital Improvement Project Amendments for the Santa Ana Zoo Stormwater Capture and Diversion Project (Project No. 246604) and the New Washington Well Project (Project No. 196423) (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: 1. Approve an appropriation adjustment to recognize $2,603,525 in Proposition 1 Integrated Regional Water Management (IRWM) grant funds from the California Department of Water Resources into the Miscellaneous Revenue, State GrantsIndirect Revenue Account and appropriate the same amount into the Proposition 1 Integrated Regional Water Management Program, Improvements Other than Buildings expenditure account. (Requires five affirmative votes)
2. Approve an amendment to the Fiscal Year 202324 Capital Improvement Program to include $2,603,525 of funding from the Department of Water Resources Proposition 1 Integrated Regional Water Management Grant Program for the Santa Ana Zoo Stormwater Capture and Diversion Project.
3. Approve an appropriation adjustment to recognize $3,394,743 in Prop 1 IRWM Grant Funds from the California Department of Water Resources into the Miscellaneous Revenue, State GrantsIndirect Revenue Account and appropriate the same amount into the Proposition 1 Integrated Regional Water Management Program, Improvements Other than Buildings expenditure account. (Requires five affirmative votes)
4. Approve an amendment to the Fiscal Year 202324 Capital Improvement Program to include $3,394,743 of funding from the Department of Water Resources Proposition 1 Integrated Regional Water Management Grant Program for the New Washington Well Project.
15. Blanket Order Contract to US Gain, a Division of US Venture Inc., for Compressed Natural Gas Fueling Services (Spec No. 24049) (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: Award Blanket Order Contract to US Gain, a Division of US Venture Inc., for compressed natural gas fueling services, in amount not to exceed $240,000, on an asneeded basis, for an initial oneyear term beginning April 16, 2024 and expiring April 15, 2025, with provisions for one, oneyear renewal option.
16. Aggregate Blanket Order Contracts to Famcon Pipe & Supply, Inc. and Core & Main for Manhole Covers, Water Valves, and Covers in an Aggregate Amount Not to Exceed $1,235,000 (Specification No. 24019) (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: Award aggregate blanket order contracts to Famcon Pipe & Supply, Inc. and Core & Main for the purchase of manhole covers, water valves, and covers on an asneeded basis in an aggregate amount not to exceed $1,235,000, for a twoyear term beginning April 16, 2024 and expiring April 15, 2026, with provisions for three, oneyear renewal options.
17. Purchase Order to Southern Bleacher Company, Inc. for the Purchase and Installation of Bleacher Seating in an Amount Not to Exceed $549,214 (Specification No. 24 045) (General Fund)
Department(s): Public Works Agency
Recommended Action: Authorize a onetime purchase and payment of a purchase order to Southern Bleacher Company, Inc. for bleacher seating and corresponding installation services for the Santa Ana Stadium in the amount of $499,285, plus a contingency amount of $49,929, for a total amount not to exceed $549,214.
18. Amendment to Agreement with Mark Thomas & Company for Grant Writing Services (Project No. 226899 & 246899) (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute the first amendment to the agreement with Mark Thomas & Company, Inc. for grant writing services for the Santa Ana Boulevard Grade Separation in the amount of $69,654, with a contingency amount of $10,346, for a new total agreement amount of $330,000 (Agreement No. A 2024XXX).
19. Site License Agreement with Pacific Coast Shuttles, LLC, dba Futura Bus Net, Inc., to allow for Sublicense Agreement with Ohana Shuttles, LLC for Bus Passenger Services at the Santa Ana Regional Transportation Center Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to amend the site license agreement with Pacific Coast Shuttles, LLC, dba Futura Bus Net, Inc., to allow for a sublicense agreement with Ohana Shuttles, LLC to compensate the City $1,500 per month for the rental of one bus bay for bus passenger services at the Santa Ana Regional Transportation Center, for a oneyear term beginning May 1, 2024 and ending April 30, 2025, with the option for three, oneyear renewal periods (Agreement No. 2024XXX).
20. Amend Agreement with LOC Architects to Increase the Design Services for the Santa Ana Zoo Educational Hub Building Project (Project No. 232601) Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute a first amendment to the consultant agreement with LOC Architects for design services for the Santa Ana Zoo Educational Hub Project (Project No. 232601) to increase the amount by $123,400, for a total amount not to exceed $508,520 (Agreement No. A2024XXX).
21. Memorandum of Understanding for the Master Plan of Arterial Highways with the Orange County Transportation Authority and the City of Irvine Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute a Memorandum of Understanding for the Master Plan of Arterial Highways Amendment with the Orange County Transportation Authority and the City of Irvine (Agreement No. A2024XXX).
22. Award a Construction Contract to Fleming Environmental, Inc. for the Fire Station 75 Fuel System Replacement (Project No. 226020) (General Fund) Department(s): Public Works Agency
Recommended Action: 1. Award a construction contract to Fleming Environmental, Inc. in accordance with the base bid in the amount of $584,667, subject to change orders (not to exceed 25% of the base bid amount) in accordance with the Greenbook: Standard Specifications for Public Works Construction, for fuel system replacement at Fire Station 75 for the term beginning upon execution of the contract and ending upon project completion, and authorize the City Manager to execute the contract.
2. Approve the Project Cost Analysis for a total estimated construction delivery cost of $818,534, which includes $584,667 for the construction contract, $87,700 for contract administration, inspection, and testing, and a $146,167 project contingency for unanticipated or unforeseen work.
3. Approve an amendment to the FY 202324 Capital Improvement Program to include $818,534 in construction funding approved in FY 202122 and 202223 proposed budget for the Fire Station.
4. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER202414 was filed for project 226020.
23. Amendment to Agreement with Protection America Inc. to Provide Security Services at Transportation DropOff and PickUp Locations Used for Santa Ana Navigation Center Guests
Department(s): Community Development Agency
Recommended Action: Authorize the City Manager to execute a first amendment to the agreement with Protection America Inc. to provide security services at the dropoff and pickup locations used by the Santa Ana Navigation Center to extend the term until June 30, 2025 and to add an additional $117,308, for a total amount not to exceed $167,308 (Agreement No. A2024XXX).
24. First Amendment with Patrol Solutions, LLC for Event Security Services at City Events to Update the Rates and Amend Compensation Terms from Annual Amounts to Total Not to Exceed Amount of $450,000 for the Entirety of the Agreement Department(s): Parks, Recreation, and Community Services Recommended Action: Authorize the City Manager to execute a first amendment to the agreement with Patrol Solutions, LLC for event security services at City Events to update the rates and amend the compensation terms from annual amounts to total not to exceed amount of $450,000 for the entirety of the agreement (Agreement No. A 2024XXX).
25. Ordinance Amending the Santa Ana Municipal Code (SAMC) to add Article XXI to Chapter 8 of the SAMC Prohibiting ShortTerm Rentals (Second Reading) Legal notice was published in the OC Reporter on April 10, 2024.
Department(s): Planning and Building Agency
Recommended Action: Conduct a second reading and adopt an ordinance amending the Santa Ana Municipal Code (SAMC) to add Article XXI to Chapter 8 of the SAMC prohibiting ShortTerm Rentals.
ORDINANCE NO. NS3061 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, ADDING ARTICLE XXI TO CHAPTER 8 OF THE SANTA ANA MUNICIPAL CODE PROHIBITING SHORTTERM RENTALS
26. Adopt an Ordinance of the City Council of The City of Santa Ana Amending Chapter 2 of The City of Santa Ana Municipal Code (Administration), Article IV (Officers, Departments, Boards and Commissions), Division 15 Relating to Emergency Services Section 2643 – Definitions (Second Reading)
Legal notice was published in the OC Reporter on April 10, 2024.
Department(s): Finance and Management Services
Recommended Action: Conduct a second reading and adopt an Ordinance to expand the definition of an emergency in the Santa Ana Municipal Code.
ORDINANCE NO. NS3062 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 2 OF THE SANTA ANA MUNICIPAL CODE (ADMINISTRATION), ARTICLE IV (OFFICERS, DEPARTMENTS, BOARDS AND COMMISSIONS), DIVISION 15 RELATING TO EMERGENCY SERVICES, SECTION 2643 DEFINITIONS
**END OF CONSENT CALENDAR**
BUSINESS CALENDAR
27. Resolution of the City Council of the City of Santa Ana Announcing Its Strenuous Opposition to the Establishment of a Needle Exchange Program in the City Department(s): City Manager’s Office
Recommended Action: Adopt a Resolution opposing the establishment of a needle exchange program in the City of Santa Ana as proposed by the Harm Reduction Institute’s application to the California Department of Public Health.
RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ANNOUNCING ITS STRENUOUS OPPOSITION TO THE ESTABLISHMENT OF A NEEDLE EXCHANGE PROGRAM IN THE CITY
28. Urgency Interim Ordinance Pursuant to Section 65858(a) of the California Government Code Adopting a 45day Moratorium on the Approval, Commencement, Establishment, Relocation, or Expansion of Industrial Uses within Specific Development No. 84
(A copy of the full text of the proposed urgency ordinance is available for review in the City Clerk’s Office)
Department(s): Planning and Building Agency
Recommended Action:
1. Adopt an urgency ordinance by fourfifths (4/5) vote, pursuant to California Government Code Section 65858(a), adopting a 45day moratorium on the approval, commencement, establishment, relocation, or expansion of industrial uses within Specific Development No. 84 zoning district.
ORDINANCE NO. NSXXXX entitled AN URGENCY INTERIM ORDINANCE OF THE CITY OF SANTA ANA PURSUANT TO GOVERNMENT CODE SECTION 65858 ADOPTING A 45DAY MORATORIUM ON THE APPROVAL, COMMENCEMENT, ESTABLISHMENT, RELOCATION OR EXPANSION OF INDUSTRIAL USES WITHIN SPECIFIC DEVELOPMENT NO. 84 ZONING DISTRICT
2. Find that, in accordance with the California Environmental Quality Act (CEQA), the proposed action is not subject to the requirements of the California Environmental Quality Act, pursuant to (Guidelines) Section 15060(c)(2) because the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment and 15060(c)(3) because the activity is not a project as defined in Section 15378 of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly and so is not a project. **END OF BUSINESS CALENDAR**
COUNCILMEMBER REQUESTED ITEMS
29. Discuss and Consider Providing Direction to the City Manager Regarding the Santa Ana, Juneteenth Festival Being Led by the Orange County Heritage Council (OCHC) – Councilmember 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.
Adjourn in memory of
Don Sneddon
Future Items
1. Water Shutoff Protection Compliance Ordinance
2. FY202425 Budget Discussions and Approval
POSTING STATEMENT: On April 9, 2024, 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.
4/16/2024
City Council Meeting Agenda (Revised 4/10/24)
April 16, 2024
CLOSED SESSION MEETING – 4:30 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
Mayor Pro Tem – Ward 1
Benjamin Vazquez
Councilmember Ward 2
Jessie Lopez
Councilmember 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
Alvaro Nuñez
Acting 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) agenda/general comments, 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 4:30 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 4:00 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL and raise your hand BY 4:30 p.m. Speakers who are not in the speaker queue with their hand raised by 4:30 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 4:00 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
Jessie Lopez
David Penaloza
Benjamin Vazquez
Mayor Pro Tem Thai Viet Phan
Mayor Valerie Amezcua
Acting City Manager Alvaro Nuñez
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. LIABILITY CLAIM pursuant to Government Code Section 54956.95:
Claimant: Alan Berg [Workers’ Compensation Claim]
2. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code:
Heather Heider v. City of Santa Ana, Orange County Superior Court Case No. 30 201901055281CUOECJC
3. PUBLIC EMPLOYEE PERFORMANCE EVALUATION pursuant to Government Code Section 54957(b)(1):
TITLE: City Clerk
4. CONFERENCE WITH LABOR NEGOTIATOR pursuant to California Government Code Section 54957.6(a)
Agency Designated Representative: Lori Schnaider, Acting Executive Director of Human Resources
Unrepresented Employee: City Clerk
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
Jessie Lopez
David Penaloza
Benjamin Vazquez
Mayor Pro Tem Thai Viet Phan
Mayor Valerie Amezcua
Acting City Manager Alvaro Nuñez
City Attorney Sonia R. Carvalho
City Clerk Jennifer L. Hall
ROLL CALL
PLEDGE OF ALLEGIANCE Mayor Amezcua
WORDS OF INSPIRATION Police Chaplain Bob Barnett
ADDITIONS\DELETIONS TO THE AGENDA
CEREMONIAL PRESENTATIONS
1. Certificate of Recognition presented by Mayor Amezcua to Ivy Nguyen for Outstanding Acts of Heroism
2. Proclamation presented by Mayor Pro Tem Phan declaring April 30 as Black April (revised 4/10/2024)
3. Proclamation presented by Councilmember Bacerra to the Orange County Fire Authority declaring May 4, 2024 as International Firefighters’ Day
4. Proclamation presented by Councilmember Hernandez to Southern California Coalition for Occupational Safety & Health declaring April 28, 2024 as Workers’ Memorial Day
5. Proclamation presented by Councilmember Lopez to OC Habitats declaring April 22, 2024 as Earth Day
6. Proclamation presented by Councilmember Vazquez to Latino Health Access declaring April 2024 as National Child Abuse Prevention Month
STAFF PRESENTATIONS
7. ACCOC Presentation (Withdrawn 04/10/2024)
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: 8 through 26 and waive reading of all resolutions and ordinances.
8. Excused Absences
Department(s): City Clerk’s Office
Recommended Action: Excuse the absent members.
9. Minutes from the Regular Meeting of April 2, 2024
Department(s): City Clerk’s Office
Recommended Action: Approve minutes.
10. Appoint Esperanza Martinez Nominated by Councilmember Lopez as a Mobilehome Tenant Representative to the Rental Housing Board for a Full Term Expiring in 2027 Department(s): City Clerk’s Office
Recommended Action: Appoint Esperanza Martinez to the Rental Housing Board as a Mobilehome Tenant Representative and administer the Oath of Office. (Pursuant to SAMC Sec. 2326(a), requires five affirmative votes)
11. Appoint Ignacio Rincon Nominated by Mayor Pro Tem Phan as the Ward 1 Representative to the Historic Resources Commission for a PartialTerm Expiring December 10, 2024
Department(s): City Clerk’s Office
Recommended Action: Appoint Ignacio Rincon to the Historic Resources Commission as the Ward 1 representative and administer Oath of Office. (Pursuant to SAMC Sec. 2326(a), requires five affirmative votes)
12. Appropriation Adjustment and Capital Improvement Project Amendment for Memory Lane and Flower Street Bikeway and Traffic Calming (Project No. 236029) Department(s): Public Works Agency
Recommended Action: 1. Approve an appropriation adjustment to recognize Traffic System Management Grant funds in the amount of $450,000 in the State GrantDirect revenue account, and appropriate the same amount to the Active Transportation Program, Improvements Other than Buildings expenditure account. (Requires five affirmative votes)
2. Approve an amendment to the Fiscal Year 202324 Capital Improvement Project to include $450,000 of funding to the Memory Lane and Flower Street Bikeway and Traffic Calming (Project No. 236029) ATPL5063(217).
13. Appropriation Adjustment and Capital Improvement Project Amendment for the Bus Stop Improvement Project (Project No. 246985) (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: 1. Approve an appropriation adjustment recognizing $398,000 in Clean California Local Grant Program grant funds in the Select Street Construction, State GrantDirect revenue account, and appropriate the same amount into the Select Street Construction, Improvements Other than Buildings expenditure account. (Requires five affirmative votes)
2. Approve an amendment to the Fiscal Year 202324 Capital Improvement Project to include $398,000 of funding to the Bus Stop Improvement Project (Project No. 24 6985).
14. Appropriation Adjustments and Capital Improvement Project Amendments for the Santa Ana Zoo Stormwater Capture and Diversion Project (Project No. 246604) and the New Washington Well Project (Project No. 196423) (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: 1. Approve an appropriation adjustment to recognize $2,603,525 in Proposition 1 Integrated Regional Water Management (IRWM) grant funds from the California Department of Water Resources into the Miscellaneous Revenue, State GrantsIndirect Revenue Account and appropriate the same amount into the Proposition 1 Integrated Regional Water Management Program, Improvements Other than Buildings expenditure account. (Requires five affirmative votes)
2. Approve an amendment to the Fiscal Year 202324 Capital Improvement Program to include $2,603,525 of funding from the Department of Water Resources Proposition 1 Integrated Regional Water Management Grant Program for the Santa Ana Zoo Stormwater Capture and Diversion Project.
3. Approve an appropriation adjustment to recognize $3,394,743 in Prop 1 IRWM Grant Funds from the California Department of Water Resources into the Miscellaneous Revenue, State GrantsIndirect Revenue Account and appropriate the same amount into the Proposition 1 Integrated Regional Water Management Program, Improvements Other than Buildings expenditure account. (Requires five affirmative votes)
4. Approve an amendment to the Fiscal Year 202324 Capital Improvement Program to include $3,394,743 of funding from the Department of Water Resources Proposition 1 Integrated Regional Water Management Grant Program for the New Washington Well Project.
15. Blanket Order Contract to US Gain, a Division of US Venture Inc., for Compressed Natural Gas Fueling Services (Spec No. 24049) (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: Award Blanket Order Contract to US Gain, a Division of US Venture Inc., for compressed natural gas fueling services, in amount not to exceed $240,000, on an asneeded basis, for an initial oneyear term beginning April 16, 2024 and expiring April 15, 2025, with provisions for one, oneyear renewal option.
16. Aggregate Blanket Order Contracts to Famcon Pipe & Supply, Inc. and Core & Main for Manhole Covers, Water Valves, and Covers in an Aggregate Amount Not to Exceed $1,235,000 (Specification No. 24019) (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: Award aggregate blanket order contracts to Famcon Pipe & Supply, Inc. and Core & Main for the purchase of manhole covers, water valves, and covers on an asneeded basis in an aggregate amount not to exceed $1,235,000, for a twoyear term beginning April 16, 2024 and expiring April 15, 2026, with provisions for three, oneyear renewal options.
17. Purchase Order to Southern Bleacher Company, Inc. for the Purchase and Installation of Bleacher Seating in an Amount Not to Exceed $549,214 (Specification No. 24 045) (General Fund)
Department(s): Public Works Agency
Recommended Action: Authorize a onetime purchase and payment of a purchase order to Southern Bleacher Company, Inc. for bleacher seating and corresponding installation services for the Santa Ana Stadium in the amount of $499,285, plus a contingency amount of $49,929, for a total amount not to exceed $549,214.
18. Amendment to Agreement with Mark Thomas & Company for Grant Writing Services (Project No. 226899 & 246899) (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute the first amendment to the agreement with Mark Thomas & Company, Inc. for grant writing services for the Santa Ana Boulevard Grade Separation in the amount of $69,654, with a contingency amount of $10,346, for a new total agreement amount of $330,000 (Agreement No. A 2024XXX).
19. Site License Agreement with Pacific Coast Shuttles, LLC, dba Futura Bus Net, Inc., to allow for Sublicense Agreement with Ohana Shuttles, LLC for Bus Passenger Services at the Santa Ana Regional Transportation Center Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to amend the site license agreement with Pacific Coast Shuttles, LLC, dba Futura Bus Net, Inc., to allow for a sublicense agreement with Ohana Shuttles, LLC to compensate the City $1,500 per month for the rental of one bus bay for bus passenger services at the Santa Ana Regional Transportation Center, for a oneyear term beginning May 1, 2024 and ending April 30, 2025, with the option for three, oneyear renewal periods (Agreement No. 2024XXX).
20. Amend Agreement with LOC Architects to Increase the Design Services for the Santa Ana Zoo Educational Hub Building Project (Project No. 232601) Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute a first amendment to the consultant agreement with LOC Architects for design services for the Santa Ana Zoo Educational Hub Project (Project No. 232601) to increase the amount by $123,400, for a total amount not to exceed $508,520 (Agreement No. A2024XXX).
21. Memorandum of Understanding for the Master Plan of Arterial Highways with the Orange County Transportation Authority and the City of Irvine Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute a Memorandum of Understanding for the Master Plan of Arterial Highways Amendment with the Orange County Transportation Authority and the City of Irvine (Agreement No. A2024XXX).
22. Award a Construction Contract to Fleming Environmental, Inc. for the Fire Station 75 Fuel System Replacement (Project No. 226020) (General Fund) Department(s): Public Works Agency
Recommended Action: 1. Award a construction contract to Fleming Environmental, Inc. in accordance with the base bid in the amount of $584,667, subject to change orders (not to exceed 25% of the base bid amount) in accordance with the Greenbook: Standard Specifications for Public Works Construction, for fuel system replacement at Fire Station 75 for the term beginning upon execution of the contract and ending upon project completion, and authorize the City Manager to execute the contract.
2. Approve the Project Cost Analysis for a total estimated construction delivery cost of $818,534, which includes $584,667 for the construction contract, $87,700 for contract administration, inspection, and testing, and a $146,167 project contingency for unanticipated or unforeseen work.
3. Approve an amendment to the FY 202324 Capital Improvement Program to include $818,534 in construction funding approved in FY 202122 and 202223 proposed budget for the Fire Station.
4. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER202414 was filed for project 226020.
23. Amendment to Agreement with Protection America Inc. to Provide Security Services at Transportation DropOff and PickUp Locations Used for Santa Ana Navigation Center Guests
Department(s): Community Development Agency
Recommended Action: Authorize the City Manager to execute a first amendment to the agreement with Protection America Inc. to provide security services at the dropoff and pickup locations used by the Santa Ana Navigation Center to extend the term until June 30, 2025 and to add an additional $117,308, for a total amount not to exceed $167,308 (Agreement No. A2024XXX).
24. First Amendment with Patrol Solutions, LLC for Event Security Services at City Events to Update the Rates and Amend Compensation Terms from Annual Amounts to Total Not to Exceed Amount of $450,000 for the Entirety of the Agreement Department(s): Parks, Recreation, and Community Services Recommended Action: Authorize the City Manager to execute a first amendment to the agreement with Patrol Solutions, LLC for event security services at City Events to update the rates and amend the compensation terms from annual amounts to total not to exceed amount of $450,000 for the entirety of the agreement (Agreement No. A 2024XXX).
25. Ordinance Amending the Santa Ana Municipal Code (SAMC) to add Article XXI to Chapter 8 of the SAMC Prohibiting ShortTerm Rentals (Second Reading) Legal notice was published in the OC Reporter on April 10, 2024.
Department(s): Planning and Building Agency
Recommended Action: Conduct a second reading and adopt an ordinance amending the Santa Ana Municipal Code (SAMC) to add Article XXI to Chapter 8 of the SAMC prohibiting ShortTerm Rentals.
ORDINANCE NO. NS3061 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, ADDING ARTICLE XXI TO CHAPTER 8 OF THE SANTA ANA MUNICIPAL CODE PROHIBITING SHORTTERM RENTALS
26. Adopt an Ordinance of the City Council of The City of Santa Ana Amending Chapter 2 of The City of Santa Ana Municipal Code (Administration), Article IV (Officers, Departments, Boards and Commissions), Division 15 Relating to Emergency Services Section 2643 – Definitions (Second Reading)
Legal notice was published in the OC Reporter on April 10, 2024.
Department(s): Finance and Management Services
Recommended Action: Conduct a second reading and adopt an Ordinance to expand the definition of an emergency in the Santa Ana Municipal Code.
ORDINANCE NO. NS3062 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 2 OF THE SANTA ANA MUNICIPAL CODE (ADMINISTRATION), ARTICLE IV (OFFICERS, DEPARTMENTS, BOARDS AND COMMISSIONS), DIVISION 15 RELATING TO EMERGENCY SERVICES, SECTION 2643 DEFINITIONS
**END OF CONSENT CALENDAR**
BUSINESS CALENDAR
27. Resolution of the City Council of the City of Santa Ana Announcing Its Strenuous Opposition to the Establishment of a Needle Exchange Program in the City Department(s): City Manager’s Office
Recommended Action: Adopt a Resolution opposing the establishment of a needle exchange program in the City of Santa Ana as proposed by the Harm Reduction Institute’s application to the California Department of Public Health.
RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ANNOUNCING ITS STRENUOUS OPPOSITION TO THE ESTABLISHMENT OF A NEEDLE EXCHANGE PROGRAM IN THE CITY
28. Urgency Interim Ordinance Pursuant to Section 65858(a) of the California Government Code Adopting a 45day Moratorium on the Approval, Commencement, Establishment, Relocation, or Expansion of Industrial Uses within Specific Development No. 84
(A copy of the full text of the proposed urgency ordinance is available for review in the City Clerk’s Office)
Department(s): Planning and Building Agency
Recommended Action:
1. Adopt an urgency ordinance by fourfifths (4/5) vote, pursuant to California Government Code Section 65858(a), adopting a 45day moratorium on the approval, commencement, establishment, relocation, or expansion of industrial uses within Specific Development No. 84 zoning district.
ORDINANCE NO. NSXXXX entitled AN URGENCY INTERIM ORDINANCE OF THE CITY OF SANTA ANA PURSUANT TO GOVERNMENT CODE SECTION 65858 ADOPTING A 45DAY MORATORIUM ON THE APPROVAL, COMMENCEMENT, ESTABLISHMENT, RELOCATION OR EXPANSION OF INDUSTRIAL USES WITHIN SPECIFIC DEVELOPMENT NO. 84 ZONING DISTRICT
2. Find that, in accordance with the California Environmental Quality Act (CEQA), the proposed action is not subject to the requirements of the California Environmental Quality Act, pursuant to (Guidelines) Section 15060(c)(2) because the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment and 15060(c)(3) because the activity is not a project as defined in Section 15378 of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly and so is not a project. **END OF BUSINESS CALENDAR**
COUNCILMEMBER REQUESTED ITEMS
29. Discuss and Consider Providing Direction to the City Manager Regarding the Santa Ana, Juneteenth Festival Being Led by the Orange County Heritage Council (OCHC) – Councilmember 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.
Adjourn in memory of
Don Sneddon
Future Items
1. Water Shutoff Protection Compliance Ordinance
2. FY202425 Budget Discussions and Approval
POSTING STATEMENT: On April 9, 2024, 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.
4/16/2024
City Council Meeting Agenda (Revised 4/10/24)
April 16, 2024
CLOSED SESSION MEETING – 4:30 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
Mayor Pro Tem – Ward 1
Benjamin Vazquez
Councilmember Ward 2
Jessie Lopez
Councilmember 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
Alvaro Nuñez
Acting 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) agenda/general comments, 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 4:30 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 4:00 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL and raise your hand BY 4:30 p.m. Speakers who are not in the speaker queue with their hand raised by 4:30 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 4:00 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
Jessie Lopez
David Penaloza
Benjamin Vazquez
Mayor Pro Tem Thai Viet Phan
Mayor Valerie Amezcua
Acting City Manager Alvaro Nuñez
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. LIABILITY CLAIM pursuant to Government Code Section 54956.95:
Claimant: Alan Berg [Workers’ Compensation Claim]
2. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code:
Heather Heider v. City of Santa Ana, Orange County Superior Court Case No. 30 201901055281CUOECJC
3. PUBLIC EMPLOYEE PERFORMANCE EVALUATION pursuant to Government Code Section 54957(b)(1):
TITLE: City Clerk
4. CONFERENCE WITH LABOR NEGOTIATOR pursuant to California Government Code Section 54957.6(a)
Agency Designated Representative: Lori Schnaider, Acting Executive Director of Human Resources
Unrepresented Employee: City Clerk
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
Jessie Lopez
David Penaloza
Benjamin Vazquez
Mayor Pro Tem Thai Viet Phan
Mayor Valerie Amezcua
Acting City Manager Alvaro Nuñez
City Attorney Sonia R. Carvalho
City Clerk Jennifer L. Hall
ROLL CALL
PLEDGE OF ALLEGIANCE Mayor Amezcua
WORDS OF INSPIRATION Police Chaplain Bob Barnett
ADDITIONS\DELETIONS TO THE AGENDA
CEREMONIAL PRESENTATIONS
1. Certificate of Recognition presented by Mayor Amezcua to Ivy Nguyen for Outstanding Acts of Heroism
2. Proclamation presented by Mayor Pro Tem Phan declaring April 30 as Black April (revised 4/10/2024)
3. Proclamation presented by Councilmember Bacerra to the Orange County Fire Authority declaring May 4, 2024 as International Firefighters’ Day
4. Proclamation presented by Councilmember Hernandez to Southern California Coalition for Occupational Safety & Health declaring April 28, 2024 as Workers’ Memorial Day
5. Proclamation presented by Councilmember Lopez to OC Habitats declaring April 22, 2024 as Earth Day
6. Proclamation presented by Councilmember Vazquez to Latino Health Access declaring April 2024 as National Child Abuse Prevention Month
STAFF PRESENTATIONS
7. ACCOC Presentation (Withdrawn 04/10/2024)
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: 8 through 26 and waive reading of all resolutions and ordinances.
8. Excused Absences
Department(s): City Clerk’s Office
Recommended Action: Excuse the absent members.
9. Minutes from the Regular Meeting of April 2, 2024
Department(s): City Clerk’s Office
Recommended Action: Approve minutes.
10. Appoint Esperanza Martinez Nominated by Councilmember Lopez as a Mobilehome Tenant Representative to the Rental Housing Board for a Full Term Expiring in 2027 Department(s): City Clerk’s Office
Recommended Action: Appoint Esperanza Martinez to the Rental Housing Board as a Mobilehome Tenant Representative and administer the Oath of Office. (Pursuant to SAMC Sec. 2326(a), requires five affirmative votes)
11. Appoint Ignacio Rincon Nominated by Mayor Pro Tem Phan as the Ward 1 Representative to the Historic Resources Commission for a PartialTerm Expiring December 10, 2024
Department(s): City Clerk’s Office
Recommended Action: Appoint Ignacio Rincon to the Historic Resources Commission as the Ward 1 representative and administer Oath of Office. (Pursuant to SAMC Sec. 2326(a), requires five affirmative votes)
12. Appropriation Adjustment and Capital Improvement Project Amendment for Memory Lane and Flower Street Bikeway and Traffic Calming (Project No. 236029) Department(s): Public Works Agency
Recommended Action: 1. Approve an appropriation adjustment to recognize Traffic System Management Grant funds in the amount of $450,000 in the State GrantDirect revenue account, and appropriate the same amount to the Active Transportation Program, Improvements Other than Buildings expenditure account. (Requires five affirmative votes)
2. Approve an amendment to the Fiscal Year 202324 Capital Improvement Project to include $450,000 of funding to the Memory Lane and Flower Street Bikeway and Traffic Calming (Project No. 236029) ATPL5063(217).
13. Appropriation Adjustment and Capital Improvement Project Amendment for the Bus Stop Improvement Project (Project No. 246985) (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: 1. Approve an appropriation adjustment recognizing $398,000 in Clean California Local Grant Program grant funds in the Select Street Construction, State GrantDirect revenue account, and appropriate the same amount into the Select Street Construction, Improvements Other than Buildings expenditure account. (Requires five affirmative votes)
2. Approve an amendment to the Fiscal Year 202324 Capital Improvement Project to include $398,000 of funding to the Bus Stop Improvement Project (Project No. 24 6985).
14. Appropriation Adjustments and Capital Improvement Project Amendments for the Santa Ana Zoo Stormwater Capture and Diversion Project (Project No. 246604) and the New Washington Well Project (Project No. 196423) (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: 1. Approve an appropriation adjustment to recognize $2,603,525 in Proposition 1 Integrated Regional Water Management (IRWM) grant funds from the California Department of Water Resources into the Miscellaneous Revenue, State GrantsIndirect Revenue Account and appropriate the same amount into the Proposition 1 Integrated Regional Water Management Program, Improvements Other than Buildings expenditure account. (Requires five affirmative votes)
2. Approve an amendment to the Fiscal Year 202324 Capital Improvement Program to include $2,603,525 of funding from the Department of Water Resources Proposition 1 Integrated Regional Water Management Grant Program for the Santa Ana Zoo Stormwater Capture and Diversion Project.
3. Approve an appropriation adjustment to recognize $3,394,743 in Prop 1 IRWM Grant Funds from the California Department of Water Resources into the Miscellaneous Revenue, State GrantsIndirect Revenue Account and appropriate the same amount into the Proposition 1 Integrated Regional Water Management Program, Improvements Other than Buildings expenditure account. (Requires five affirmative votes)
4. Approve an amendment to the Fiscal Year 202324 Capital Improvement Program to include $3,394,743 of funding from the Department of Water Resources Proposition 1 Integrated Regional Water Management Grant Program for the New Washington Well Project.
15. Blanket Order Contract to US Gain, a Division of US Venture Inc., for Compressed Natural Gas Fueling Services (Spec No. 24049) (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: Award Blanket Order Contract to US Gain, a Division of US Venture Inc., for compressed natural gas fueling services, in amount not to exceed $240,000, on an asneeded basis, for an initial oneyear term beginning April 16, 2024 and expiring April 15, 2025, with provisions for one, oneyear renewal option.
16. Aggregate Blanket Order Contracts to Famcon Pipe & Supply, Inc. and Core & Main for Manhole Covers, Water Valves, and Covers in an Aggregate Amount Not to Exceed $1,235,000 (Specification No. 24019) (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: Award aggregate blanket order contracts to Famcon Pipe & Supply, Inc. and Core & Main for the purchase of manhole covers, water valves, and covers on an asneeded basis in an aggregate amount not to exceed $1,235,000, for a twoyear term beginning April 16, 2024 and expiring April 15, 2026, with provisions for three, oneyear renewal options.
17. Purchase Order to Southern Bleacher Company, Inc. for the Purchase and Installation of Bleacher Seating in an Amount Not to Exceed $549,214 (Specification No. 24 045) (General Fund)
Department(s): Public Works Agency
Recommended Action: Authorize a onetime purchase and payment of a purchase order to Southern Bleacher Company, Inc. for bleacher seating and corresponding installation services for the Santa Ana Stadium in the amount of $499,285, plus a contingency amount of $49,929, for a total amount not to exceed $549,214.
18. Amendment to Agreement with Mark Thomas & Company for Grant Writing Services (Project No. 226899 & 246899) (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute the first amendment to the agreement with Mark Thomas & Company, Inc. for grant writing services for the Santa Ana Boulevard Grade Separation in the amount of $69,654, with a contingency amount of $10,346, for a new total agreement amount of $330,000 (Agreement No. A 2024XXX).
19. Site License Agreement with Pacific Coast Shuttles, LLC, dba Futura Bus Net, Inc., to allow for Sublicense Agreement with Ohana Shuttles, LLC for Bus Passenger Services at the Santa Ana Regional Transportation Center Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to amend the site license agreement with Pacific Coast Shuttles, LLC, dba Futura Bus Net, Inc., to allow for a sublicense agreement with Ohana Shuttles, LLC to compensate the City $1,500 per month for the rental of one bus bay for bus passenger services at the Santa Ana Regional Transportation Center, for a oneyear term beginning May 1, 2024 and ending April 30, 2025, with the option for three, oneyear renewal periods (Agreement No. 2024XXX).
20. Amend Agreement with LOC Architects to Increase the Design Services for the Santa Ana Zoo Educational Hub Building Project (Project No. 232601) Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute a first amendment to the consultant agreement with LOC Architects for design services for the Santa Ana Zoo Educational Hub Project (Project No. 232601) to increase the amount by $123,400, for a total amount not to exceed $508,520 (Agreement No. A2024XXX).
21. Memorandum of Understanding for the Master Plan of Arterial Highways with the Orange County Transportation Authority and the City of Irvine Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute a Memorandum of Understanding for the Master Plan of Arterial Highways Amendment with the Orange County Transportation Authority and the City of Irvine (Agreement No. A2024XXX).
22. Award a Construction Contract to Fleming Environmental, Inc. for the Fire Station 75 Fuel System Replacement (Project No. 226020) (General Fund) Department(s): Public Works Agency
Recommended Action: 1. Award a construction contract to Fleming Environmental, Inc. in accordance with the base bid in the amount of $584,667, subject to change orders (not to exceed 25% of the base bid amount) in accordance with the Greenbook: Standard Specifications for Public Works Construction, for fuel system replacement at Fire Station 75 for the term beginning upon execution of the contract and ending upon project completion, and authorize the City Manager to execute the contract.
2. Approve the Project Cost Analysis for a total estimated construction delivery cost of $818,534, which includes $584,667 for the construction contract, $87,700 for contract administration, inspection, and testing, and a $146,167 project contingency for unanticipated or unforeseen work.
3. Approve an amendment to the FY 202324 Capital Improvement Program to include $818,534 in construction funding approved in FY 202122 and 202223 proposed budget for the Fire Station.
4. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER202414 was filed for project 226020.
23. Amendment to Agreement with Protection America Inc. to Provide Security Services at Transportation DropOff and PickUp Locations Used for Santa Ana Navigation Center Guests
Department(s): Community Development Agency
Recommended Action: Authorize the City Manager to execute a first amendment to the agreement with Protection America Inc. to provide security services at the dropoff and pickup locations used by the Santa Ana Navigation Center to extend the term until June 30, 2025 and to add an additional $117,308, for a total amount not to exceed $167,308 (Agreement No. A2024XXX).
24. First Amendment with Patrol Solutions, LLC for Event Security Services at City Events to Update the Rates and Amend Compensation Terms from Annual Amounts to Total Not to Exceed Amount of $450,000 for the Entirety of the Agreement Department(s): Parks, Recreation, and Community Services Recommended Action: Authorize the City Manager to execute a first amendment to the agreement with Patrol Solutions, LLC for event security services at City Events to update the rates and amend the compensation terms from annual amounts to total not to exceed amount of $450,000 for the entirety of the agreement (Agreement No. A 2024XXX).
25. Ordinance Amending the Santa Ana Municipal Code (SAMC) to add Article XXI to Chapter 8 of the SAMC Prohibiting ShortTerm Rentals (Second Reading) Legal notice was published in the OC Reporter on April 10, 2024.
Department(s): Planning and Building Agency
Recommended Action: Conduct a second reading and adopt an ordinance amending the Santa Ana Municipal Code (SAMC) to add Article XXI to Chapter 8 of the SAMC prohibiting ShortTerm Rentals.
ORDINANCE NO. NS3061 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, ADDING ARTICLE XXI TO CHAPTER 8 OF THE SANTA ANA MUNICIPAL CODE PROHIBITING SHORTTERM RENTALS
26. Adopt an Ordinance of the City Council of The City of Santa Ana Amending Chapter 2 of The City of Santa Ana Municipal Code (Administration), Article IV (Officers, Departments, Boards and Commissions), Division 15 Relating to Emergency Services Section 2643 – Definitions (Second Reading)
Legal notice was published in the OC Reporter on April 10, 2024.
Department(s): Finance and Management Services
Recommended Action: Conduct a second reading and adopt an Ordinance to expand the definition of an emergency in the Santa Ana Municipal Code.
ORDINANCE NO. NS3062 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 2 OF THE SANTA ANA MUNICIPAL CODE (ADMINISTRATION), ARTICLE IV (OFFICERS, DEPARTMENTS, BOARDS AND COMMISSIONS), DIVISION 15 RELATING TO EMERGENCY SERVICES, SECTION 2643 DEFINITIONS
**END OF CONSENT CALENDAR**
BUSINESS CALENDAR
27. Resolution of the City Council of the City of Santa Ana Announcing Its Strenuous Opposition to the Establishment of a Needle Exchange Program in the City Department(s): City Manager’s Office
Recommended Action: Adopt a Resolution opposing the establishment of a needle exchange program in the City of Santa Ana as proposed by the Harm Reduction Institute’s application to the California Department of Public Health.
RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ANNOUNCING ITS STRENUOUS OPPOSITION TO THE ESTABLISHMENT OF A NEEDLE EXCHANGE PROGRAM IN THE CITY
28. Urgency Interim Ordinance Pursuant to Section 65858(a) of the California Government Code Adopting a 45day Moratorium on the Approval, Commencement, Establishment, Relocation, or Expansion of Industrial Uses within Specific Development No. 84
(A copy of the full text of the proposed urgency ordinance is available for review in the City Clerk’s Office)
Department(s): Planning and Building Agency
Recommended Action:
1. Adopt an urgency ordinance by fourfifths (4/5) vote, pursuant to California Government Code Section 65858(a), adopting a 45day moratorium on the approval, commencement, establishment, relocation, or expansion of industrial uses within Specific Development No. 84 zoning district.
ORDINANCE NO. NSXXXX entitled AN URGENCY INTERIM ORDINANCE OF THE CITY OF SANTA ANA PURSUANT TO GOVERNMENT CODE SECTION 65858 ADOPTING A 45DAY MORATORIUM ON THE APPROVAL, COMMENCEMENT, ESTABLISHMENT, RELOCATION OR EXPANSION OF INDUSTRIAL USES WITHIN SPECIFIC DEVELOPMENT NO. 84 ZONING DISTRICT
2. Find that, in accordance with the California Environmental Quality Act (CEQA), the proposed action is not subject to the requirements of the California Environmental Quality Act, pursuant to (Guidelines) Section 15060(c)(2) because the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment and 15060(c)(3) because the activity is not a project as defined in Section 15378 of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly and so is not a project. **END OF BUSINESS CALENDAR**
COUNCILMEMBER REQUESTED ITEMS
29. Discuss and Consider Providing Direction to the City Manager Regarding the Santa Ana, Juneteenth Festival Being Led by the Orange County Heritage Council (OCHC) – Councilmember 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.
Adjourn in memory of
Don Sneddon
Future Items
1. Water Shutoff Protection Compliance Ordinance
2. FY202425 Budget Discussions and Approval
POSTING STATEMENT: On April 9, 2024, 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.
4/16/2024
City Council Meeting Agenda (Revised 4/10/24)
April 16, 2024
CLOSED SESSION MEETING – 4:30 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
Mayor Pro Tem – Ward 1
Benjamin Vazquez
Councilmember Ward 2
Jessie Lopez
Councilmember 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
Alvaro Nuñez
Acting 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) agenda/general comments, 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 4:30 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 4:00 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL and raise your hand BY 4:30 p.m. Speakers who are not in the speaker queue with their hand raised by 4:30 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 4:00 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
Jessie Lopez
David Penaloza
Benjamin Vazquez
Mayor Pro Tem Thai Viet Phan
Mayor Valerie Amezcua
Acting City Manager Alvaro Nuñez
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. LIABILITY CLAIM pursuant to Government Code Section 54956.95:
Claimant: Alan Berg [Workers’ Compensation Claim]
2. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code:
Heather Heider v. City of Santa Ana, Orange County Superior Court Case No. 30 201901055281CUOECJC
3. PUBLIC EMPLOYEE PERFORMANCE EVALUATION pursuant to Government Code Section 54957(b)(1):
TITLE: City Clerk
4. CONFERENCE WITH LABOR NEGOTIATOR pursuant to California Government Code Section 54957.6(a)
Agency Designated Representative: Lori Schnaider, Acting Executive Director of Human Resources
Unrepresented Employee: City Clerk
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
Jessie Lopez
David Penaloza
Benjamin Vazquez
Mayor Pro Tem Thai Viet Phan
Mayor Valerie Amezcua
Acting City Manager Alvaro Nuñez
City Attorney Sonia R. Carvalho
City Clerk Jennifer L. Hall
ROLL CALL
PLEDGE OF ALLEGIANCE Mayor Amezcua
WORDS OF INSPIRATION Police Chaplain Bob Barnett
ADDITIONS\DELETIONS TO THE AGENDA
CEREMONIAL PRESENTATIONS
1. Certificate of Recognition presented by Mayor Amezcua to Ivy Nguyen for Outstanding Acts of Heroism
2. Proclamation presented by Mayor Pro Tem Phan declaring April 30 as Black April (revised 4/10/2024)
3. Proclamation presented by Councilmember Bacerra to the Orange County Fire Authority declaring May 4, 2024 as International Firefighters’ Day
4. Proclamation presented by Councilmember Hernandez to Southern California Coalition for Occupational Safety & Health declaring April 28, 2024 as Workers’ Memorial Day
5. Proclamation presented by Councilmember Lopez to OC Habitats declaring April 22, 2024 as Earth Day
6. Proclamation presented by Councilmember Vazquez to Latino Health Access declaring April 2024 as National Child Abuse Prevention Month
STAFF PRESENTATIONS
7. ACCOC Presentation (Withdrawn 04/10/2024)
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: 8 through 26 and waive reading of all resolutions and ordinances.
8. Excused Absences
Department(s): City Clerk’s Office
Recommended Action: Excuse the absent members.
9. Minutes from the Regular Meeting of April 2, 2024
Department(s): City Clerk’s Office
Recommended Action: Approve minutes.
10. Appoint Esperanza Martinez Nominated by Councilmember Lopez as a Mobilehome Tenant Representative to the Rental Housing Board for a Full Term Expiring in 2027 Department(s): City Clerk’s Office
Recommended Action: Appoint Esperanza Martinez to the Rental Housing Board as a Mobilehome Tenant Representative and administer the Oath of Office. (Pursuant to SAMC Sec. 2326(a), requires five affirmative votes)
11. Appoint Ignacio Rincon Nominated by Mayor Pro Tem Phan as the Ward 1 Representative to the Historic Resources Commission for a PartialTerm Expiring December 10, 2024
Department(s): City Clerk’s Office
Recommended Action: Appoint Ignacio Rincon to the Historic Resources Commission as the Ward 1 representative and administer Oath of Office. (Pursuant to SAMC Sec. 2326(a), requires five affirmative votes)
12. Appropriation Adjustment and Capital Improvement Project Amendment for Memory Lane and Flower Street Bikeway and Traffic Calming (Project No. 236029) Department(s): Public Works Agency
Recommended Action: 1. Approve an appropriation adjustment to recognize Traffic System Management Grant funds in the amount of $450,000 in the State GrantDirect revenue account, and appropriate the same amount to the Active Transportation Program, Improvements Other than Buildings expenditure account. (Requires five affirmative votes)
2. Approve an amendment to the Fiscal Year 202324 Capital Improvement Project to include $450,000 of funding to the Memory Lane and Flower Street Bikeway and Traffic Calming (Project No. 236029) ATPL5063(217).
13. Appropriation Adjustment and Capital Improvement Project Amendment for the Bus Stop Improvement Project (Project No. 246985) (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: 1. Approve an appropriation adjustment recognizing $398,000 in Clean California Local Grant Program grant funds in the Select Street Construction, State GrantDirect revenue account, and appropriate the same amount into the Select Street Construction, Improvements Other than Buildings expenditure account. (Requires five affirmative votes)
2. Approve an amendment to the Fiscal Year 202324 Capital Improvement Project to include $398,000 of funding to the Bus Stop Improvement Project (Project No. 24 6985).
14. Appropriation Adjustments and Capital Improvement Project Amendments for the Santa Ana Zoo Stormwater Capture and Diversion Project (Project No. 246604) and the New Washington Well Project (Project No. 196423) (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: 1. Approve an appropriation adjustment to recognize $2,603,525 in Proposition 1 Integrated Regional Water Management (IRWM) grant funds from the California Department of Water Resources into the Miscellaneous Revenue, State GrantsIndirect Revenue Account and appropriate the same amount into the Proposition 1 Integrated Regional Water Management Program, Improvements Other than Buildings expenditure account. (Requires five affirmative votes)
2. Approve an amendment to the Fiscal Year 202324 Capital Improvement Program to include $2,603,525 of funding from the Department of Water Resources Proposition 1 Integrated Regional Water Management Grant Program for the Santa Ana Zoo Stormwater Capture and Diversion Project.
3. Approve an appropriation adjustment to recognize $3,394,743 in Prop 1 IRWM Grant Funds from the California Department of Water Resources into the Miscellaneous Revenue, State GrantsIndirect Revenue Account and appropriate the same amount into the Proposition 1 Integrated Regional Water Management Program, Improvements Other than Buildings expenditure account. (Requires five affirmative votes)
4. Approve an amendment to the Fiscal Year 202324 Capital Improvement Program to include $3,394,743 of funding from the Department of Water Resources Proposition 1 Integrated Regional Water Management Grant Program for the New Washington Well Project.
15. Blanket Order Contract to US Gain, a Division of US Venture Inc., for Compressed Natural Gas Fueling Services (Spec No. 24049) (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: Award Blanket Order Contract to US Gain, a Division of US Venture Inc., for compressed natural gas fueling services, in amount not to exceed $240,000, on an asneeded basis, for an initial oneyear term beginning April 16, 2024 and expiring April 15, 2025, with provisions for one, oneyear renewal option.
16. Aggregate Blanket Order Contracts to Famcon Pipe & Supply, Inc. and Core & Main for Manhole Covers, Water Valves, and Covers in an Aggregate Amount Not to Exceed $1,235,000 (Specification No. 24019) (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: Award aggregate blanket order contracts to Famcon Pipe & Supply, Inc. and Core & Main for the purchase of manhole covers, water valves, and covers on an asneeded basis in an aggregate amount not to exceed $1,235,000, for a twoyear term beginning April 16, 2024 and expiring April 15, 2026, with provisions for three, oneyear renewal options.
17. Purchase Order to Southern Bleacher Company, Inc. for the Purchase and Installation of Bleacher Seating in an Amount Not to Exceed $549,214 (Specification No. 24 045) (General Fund)
Department(s): Public Works Agency
Recommended Action: Authorize a onetime purchase and payment of a purchase order to Southern Bleacher Company, Inc. for bleacher seating and corresponding installation services for the Santa Ana Stadium in the amount of $499,285, plus a contingency amount of $49,929, for a total amount not to exceed $549,214.
18. Amendment to Agreement with Mark Thomas & Company for Grant Writing Services (Project No. 226899 & 246899) (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute the first amendment to the agreement with Mark Thomas & Company, Inc. for grant writing services for the Santa Ana Boulevard Grade Separation in the amount of $69,654, with a contingency amount of $10,346, for a new total agreement amount of $330,000 (Agreement No. A 2024XXX).
19. Site License Agreement with Pacific Coast Shuttles, LLC, dba Futura Bus Net, Inc., to allow for Sublicense Agreement with Ohana Shuttles, LLC for Bus Passenger Services at the Santa Ana Regional Transportation Center Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to amend the site license agreement with Pacific Coast Shuttles, LLC, dba Futura Bus Net, Inc., to allow for a sublicense agreement with Ohana Shuttles, LLC to compensate the City $1,500 per month for the rental of one bus bay for bus passenger services at the Santa Ana Regional Transportation Center, for a oneyear term beginning May 1, 2024 and ending April 30, 2025, with the option for three, oneyear renewal periods (Agreement No. 2024XXX).
20. Amend Agreement with LOC Architects to Increase the Design Services for the Santa Ana Zoo Educational Hub Building Project (Project No. 232601) Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute a first amendment to the consultant agreement with LOC Architects for design services for the Santa Ana Zoo Educational Hub Project (Project No. 232601) to increase the amount by $123,400, for a total amount not to exceed $508,520 (Agreement No. A2024XXX).
21. Memorandum of Understanding for the Master Plan of Arterial Highways with the Orange County Transportation Authority and the City of Irvine Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute a Memorandum of Understanding for the Master Plan of Arterial Highways Amendment with the Orange County Transportation Authority and the City of Irvine (Agreement No. A2024XXX).
22. Award a Construction Contract to Fleming Environmental, Inc. for the Fire Station 75 Fuel System Replacement (Project No. 226020) (General Fund) Department(s): Public Works Agency
Recommended Action: 1. Award a construction contract to Fleming Environmental, Inc. in accordance with the base bid in the amount of $584,667, subject to change orders (not to exceed 25% of the base bid amount) in accordance with the Greenbook: Standard Specifications for Public Works Construction, for fuel system replacement at Fire Station 75 for the term beginning upon execution of the contract and ending upon project completion, and authorize the City Manager to execute the contract.
2. Approve the Project Cost Analysis for a total estimated construction delivery cost of $818,534, which includes $584,667 for the construction contract, $87,700 for contract administration, inspection, and testing, and a $146,167 project contingency for unanticipated or unforeseen work.
3. Approve an amendment to the FY 202324 Capital Improvement Program to include $818,534 in construction funding approved in FY 202122 and 202223 proposed budget for the Fire Station.
4. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER202414 was filed for project 226020.
23. Amendment to Agreement with Protection America Inc. to Provide Security Services at Transportation DropOff and PickUp Locations Used for Santa Ana Navigation Center Guests
Department(s): Community Development Agency
Recommended Action: Authorize the City Manager to execute a first amendment to the agreement with Protection America Inc. to provide security services at the dropoff and pickup locations used by the Santa Ana Navigation Center to extend the term until June 30, 2025 and to add an additional $117,308, for a total amount not to exceed $167,308 (Agreement No. A2024XXX).
24. First Amendment with Patrol Solutions, LLC for Event Security Services at City Events to Update the Rates and Amend Compensation Terms from Annual Amounts to Total Not to Exceed Amount of $450,000 for the Entirety of the Agreement Department(s): Parks, Recreation, and Community Services Recommended Action: Authorize the City Manager to execute a first amendment to the agreement with Patrol Solutions, LLC for event security services at City Events to update the rates and amend the compensation terms from annual amounts to total not to exceed amount of $450,000 for the entirety of the agreement (Agreement No. A 2024XXX).
25. Ordinance Amending the Santa Ana Municipal Code (SAMC) to add Article XXI to Chapter 8 of the SAMC Prohibiting ShortTerm Rentals (Second Reading) Legal notice was published in the OC Reporter on April 10, 2024.
Department(s): Planning and Building Agency
Recommended Action: Conduct a second reading and adopt an ordinance amending the Santa Ana Municipal Code (SAMC) to add Article XXI to Chapter 8 of the SAMC prohibiting ShortTerm Rentals.
ORDINANCE NO. NS3061 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, ADDING ARTICLE XXI TO CHAPTER 8 OF THE SANTA ANA MUNICIPAL CODE PROHIBITING SHORTTERM RENTALS
26. Adopt an Ordinance of the City Council of The City of Santa Ana Amending Chapter 2 of The City of Santa Ana Municipal Code (Administration), Article IV (Officers, Departments, Boards and Commissions), Division 15 Relating to Emergency Services Section 2643 – Definitions (Second Reading)
Legal notice was published in the OC Reporter on April 10, 2024.
Department(s): Finance and Management Services
Recommended Action: Conduct a second reading and adopt an Ordinance to expand the definition of an emergency in the Santa Ana Municipal Code.
ORDINANCE NO. NS3062 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 2 OF THE SANTA ANA MUNICIPAL CODE (ADMINISTRATION), ARTICLE IV (OFFICERS, DEPARTMENTS, BOARDS AND COMMISSIONS), DIVISION 15 RELATING TO EMERGENCY SERVICES, SECTION 2643 DEFINITIONS
**END OF CONSENT CALENDAR**
BUSINESS CALENDAR
27. Resolution of the City Council of the City of Santa Ana Announcing Its Strenuous Opposition to the Establishment of a Needle Exchange Program in the City Department(s): City Manager’s Office
Recommended Action: Adopt a Resolution opposing the establishment of a needle exchange program in the City of Santa Ana as proposed by the Harm Reduction Institute’s application to the California Department of Public Health.
RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ANNOUNCING ITS STRENUOUS OPPOSITION TO THE ESTABLISHMENT OF A NEEDLE EXCHANGE PROGRAM IN THE CITY
28. Urgency Interim Ordinance Pursuant to Section 65858(a) of the California Government Code Adopting a 45day Moratorium on the Approval, Commencement, Establishment, Relocation, or Expansion of Industrial Uses within Specific Development No. 84
(A copy of the full text of the proposed urgency ordinance is available for review in the City Clerk’s Office)
Department(s): Planning and Building Agency
Recommended Action:
1. Adopt an urgency ordinance by fourfifths (4/5) vote, pursuant to California Government Code Section 65858(a), adopting a 45day moratorium on the approval, commencement, establishment, relocation, or expansion of industrial uses within Specific Development No. 84 zoning district.
ORDINANCE NO. NSXXXX entitled AN URGENCY INTERIM ORDINANCE OF THE CITY OF SANTA ANA PURSUANT TO GOVERNMENT CODE SECTION 65858 ADOPTING A 45DAY MORATORIUM ON THE APPROVAL, COMMENCEMENT, ESTABLISHMENT, RELOCATION OR EXPANSION OF INDUSTRIAL USES WITHIN SPECIFIC DEVELOPMENT NO. 84 ZONING DISTRICT
2. Find that, in accordance with the California Environmental Quality Act (CEQA), the proposed action is not subject to the requirements of the California Environmental Quality Act, pursuant to (Guidelines) Section 15060(c)(2) because the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment and 15060(c)(3) because the activity is not a project as defined in Section 15378 of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly and so is not a project. **END OF BUSINESS CALENDAR**
COUNCILMEMBER REQUESTED ITEMS
29. Discuss and Consider Providing Direction to the City Manager Regarding the Santa Ana, Juneteenth Festival Being Led by the Orange County Heritage Council (OCHC) – Councilmember 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.
Adjourn in memory of
Don Sneddon
Future Items
1. Water Shutoff Protection Compliance Ordinance
2. FY202425 Budget Discussions and Approval
POSTING STATEMENT: On April 9, 2024, 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.
4/16/2024
City Council Meeting Agenda (Revised 4/10/24)
April 16, 2024
CLOSED SESSION MEETING – 4:30 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
Mayor Pro Tem – Ward 1
Benjamin Vazquez
Councilmember Ward 2
Jessie Lopez
Councilmember 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
Alvaro Nuñez
Acting 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) agenda/general comments, 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 4:30 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 4:00 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL and raise your hand BY 4:30 p.m. Speakers who are not in the speaker queue with their hand raised by 4:30 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 4:00 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
Jessie Lopez
David Penaloza
Benjamin Vazquez
Mayor Pro Tem Thai Viet Phan
Mayor Valerie Amezcua
Acting City Manager Alvaro Nuñez
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. LIABILITY CLAIM pursuant to Government Code Section 54956.95:
Claimant: Alan Berg [Workers’ Compensation Claim]
2. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code:
Heather Heider v. City of Santa Ana, Orange County Superior Court Case No. 30 201901055281CUOECJC
3. PUBLIC EMPLOYEE PERFORMANCE EVALUATION pursuant to Government Code Section 54957(b)(1):
TITLE: City Clerk
4. CONFERENCE WITH LABOR NEGOTIATOR pursuant to California Government Code Section 54957.6(a)
Agency Designated Representative: Lori Schnaider, Acting Executive Director of Human Resources
Unrepresented Employee: City Clerk
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
Jessie Lopez
David Penaloza
Benjamin Vazquez
Mayor Pro Tem Thai Viet Phan
Mayor Valerie Amezcua
Acting City Manager Alvaro Nuñez
City Attorney Sonia R. Carvalho
City Clerk Jennifer L. Hall
ROLL CALL
PLEDGE OF ALLEGIANCE Mayor Amezcua
WORDS OF INSPIRATION Police Chaplain Bob Barnett
ADDITIONS\DELETIONS TO THE AGENDA
CEREMONIAL PRESENTATIONS
1. Certificate of Recognition presented by Mayor Amezcua to Ivy Nguyen for Outstanding Acts of Heroism
2. Proclamation presented by Mayor Pro Tem Phan declaring April 30 as Black April (revised 4/10/2024)
3. Proclamation presented by Councilmember Bacerra to the Orange County Fire Authority declaring May 4, 2024 as International Firefighters’ Day
4. Proclamation presented by Councilmember Hernandez to Southern California Coalition for Occupational Safety & Health declaring April 28, 2024 as Workers’ Memorial Day
5. Proclamation presented by Councilmember Lopez to OC Habitats declaring April 22, 2024 as Earth Day
6. Proclamation presented by Councilmember Vazquez to Latino Health Access declaring April 2024 as National Child Abuse Prevention Month
STAFF PRESENTATIONS
7. ACCOC Presentation (Withdrawn 04/10/2024)
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: 8 through 26 and waive reading of all resolutions and ordinances.
8. Excused Absences
Department(s): City Clerk’s Office
Recommended Action: Excuse the absent members.
9. Minutes from the Regular Meeting of April 2, 2024
Department(s): City Clerk’s Office
Recommended Action: Approve minutes.
10. Appoint Esperanza Martinez Nominated by Councilmember Lopez as a Mobilehome Tenant Representative to the Rental Housing Board for a Full Term Expiring in 2027 Department(s): City Clerk’s Office
Recommended Action: Appoint Esperanza Martinez to the Rental Housing Board as a Mobilehome Tenant Representative and administer the Oath of Office. (Pursuant to SAMC Sec. 2326(a), requires five affirmative votes)
11. Appoint Ignacio Rincon Nominated by Mayor Pro Tem Phan as the Ward 1 Representative to the Historic Resources Commission for a PartialTerm Expiring December 10, 2024
Department(s): City Clerk’s Office
Recommended Action: Appoint Ignacio Rincon to the Historic Resources Commission as the Ward 1 representative and administer Oath of Office. (Pursuant to SAMC Sec. 2326(a), requires five affirmative votes)
12. Appropriation Adjustment and Capital Improvement Project Amendment for Memory Lane and Flower Street Bikeway and Traffic Calming (Project No. 236029) Department(s): Public Works Agency
Recommended Action: 1. Approve an appropriation adjustment to recognize Traffic System Management Grant funds in the amount of $450,000 in the State GrantDirect revenue account, and appropriate the same amount to the Active Transportation Program, Improvements Other than Buildings expenditure account. (Requires five affirmative votes)
2. Approve an amendment to the Fiscal Year 202324 Capital Improvement Project to include $450,000 of funding to the Memory Lane and Flower Street Bikeway and Traffic Calming (Project No. 236029) ATPL5063(217).
13. Appropriation Adjustment and Capital Improvement Project Amendment for the Bus Stop Improvement Project (Project No. 246985) (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: 1. Approve an appropriation adjustment recognizing $398,000 in Clean California Local Grant Program grant funds in the Select Street Construction, State GrantDirect revenue account, and appropriate the same amount into the Select Street Construction, Improvements Other than Buildings expenditure account. (Requires five affirmative votes)
2. Approve an amendment to the Fiscal Year 202324 Capital Improvement Project to include $398,000 of funding to the Bus Stop Improvement Project (Project No. 24 6985).
14. Appropriation Adjustments and Capital Improvement Project Amendments for the Santa Ana Zoo Stormwater Capture and Diversion Project (Project No. 246604) and the New Washington Well Project (Project No. 196423) (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: 1. Approve an appropriation adjustment to recognize $2,603,525 in Proposition 1 Integrated Regional Water Management (IRWM) grant funds from the California Department of Water Resources into the Miscellaneous Revenue, State GrantsIndirect Revenue Account and appropriate the same amount into the Proposition 1 Integrated Regional Water Management Program, Improvements Other than Buildings expenditure account. (Requires five affirmative votes)
2. Approve an amendment to the Fiscal Year 202324 Capital Improvement Program to include $2,603,525 of funding from the Department of Water Resources Proposition 1 Integrated Regional Water Management Grant Program for the Santa Ana Zoo Stormwater Capture and Diversion Project.
3. Approve an appropriation adjustment to recognize $3,394,743 in Prop 1 IRWM Grant Funds from the California Department of Water Resources into the Miscellaneous Revenue, State GrantsIndirect Revenue Account and appropriate the same amount into the Proposition 1 Integrated Regional Water Management Program, Improvements Other than Buildings expenditure account. (Requires five affirmative votes)
4. Approve an amendment to the Fiscal Year 202324 Capital Improvement Program to include $3,394,743 of funding from the Department of Water Resources Proposition 1 Integrated Regional Water Management Grant Program for the New Washington Well Project.
15. Blanket Order Contract to US Gain, a Division of US Venture Inc., for Compressed Natural Gas Fueling Services (Spec No. 24049) (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: Award Blanket Order Contract to US Gain, a Division of US Venture Inc., for compressed natural gas fueling services, in amount not to exceed $240,000, on an asneeded basis, for an initial oneyear term beginning April 16, 2024 and expiring April 15, 2025, with provisions for one, oneyear renewal option.
16. Aggregate Blanket Order Contracts to Famcon Pipe & Supply, Inc. and Core & Main for Manhole Covers, Water Valves, and Covers in an Aggregate Amount Not to Exceed $1,235,000 (Specification No. 24019) (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: Award aggregate blanket order contracts to Famcon Pipe & Supply, Inc. and Core & Main for the purchase of manhole covers, water valves, and covers on an asneeded basis in an aggregate amount not to exceed $1,235,000, for a twoyear term beginning April 16, 2024 and expiring April 15, 2026, with provisions for three, oneyear renewal options.
17. Purchase Order to Southern Bleacher Company, Inc. for the Purchase and Installation of Bleacher Seating in an Amount Not to Exceed $549,214 (Specification No. 24 045) (General Fund)
Department(s): Public Works Agency
Recommended Action: Authorize a onetime purchase and payment of a purchase order to Southern Bleacher Company, Inc. for bleacher seating and corresponding installation services for the Santa Ana Stadium in the amount of $499,285, plus a contingency amount of $49,929, for a total amount not to exceed $549,214.
18. Amendment to Agreement with Mark Thomas & Company for Grant Writing Services (Project No. 226899 & 246899) (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute the first amendment to the agreement with Mark Thomas & Company, Inc. for grant writing services for the Santa Ana Boulevard Grade Separation in the amount of $69,654, with a contingency amount of $10,346, for a new total agreement amount of $330,000 (Agreement No. A 2024XXX).
19. Site License Agreement with Pacific Coast Shuttles, LLC, dba Futura Bus Net, Inc., to allow for Sublicense Agreement with Ohana Shuttles, LLC for Bus Passenger Services at the Santa Ana Regional Transportation Center Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to amend the site license agreement with Pacific Coast Shuttles, LLC, dba Futura Bus Net, Inc., to allow for a sublicense agreement with Ohana Shuttles, LLC to compensate the City $1,500 per month for the rental of one bus bay for bus passenger services at the Santa Ana Regional Transportation Center, for a oneyear term beginning May 1, 2024 and ending April 30, 2025, with the option for three, oneyear renewal periods (Agreement No. 2024XXX).
20. Amend Agreement with LOC Architects to Increase the Design Services for the Santa Ana Zoo Educational Hub Building Project (Project No. 232601) Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute a first amendment to the consultant agreement with LOC Architects for design services for the Santa Ana Zoo Educational Hub Project (Project No. 232601) to increase the amount by $123,400, for a total amount not to exceed $508,520 (Agreement No. A2024XXX).
21. Memorandum of Understanding for the Master Plan of Arterial Highways with the Orange County Transportation Authority and the City of Irvine Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute a Memorandum of Understanding for the Master Plan of Arterial Highways Amendment with the Orange County Transportation Authority and the City of Irvine (Agreement No. A2024XXX).
22. Award a Construction Contract to Fleming Environmental, Inc. for the Fire Station 75 Fuel System Replacement (Project No. 226020) (General Fund) Department(s): Public Works Agency
Recommended Action: 1. Award a construction contract to Fleming Environmental, Inc. in accordance with the base bid in the amount of $584,667, subject to change orders (not to exceed 25% of the base bid amount) in accordance with the Greenbook: Standard Specifications for Public Works Construction, for fuel system replacement at Fire Station 75 for the term beginning upon execution of the contract and ending upon project completion, and authorize the City Manager to execute the contract.
2. Approve the Project Cost Analysis for a total estimated construction delivery cost of $818,534, which includes $584,667 for the construction contract, $87,700 for contract administration, inspection, and testing, and a $146,167 project contingency for unanticipated or unforeseen work.
3. Approve an amendment to the FY 202324 Capital Improvement Program to include $818,534 in construction funding approved in FY 202122 and 202223 proposed budget for the Fire Station.
4. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER202414 was filed for project 226020.
23. Amendment to Agreement with Protection America Inc. to Provide Security Services at Transportation DropOff and PickUp Locations Used for Santa Ana Navigation Center Guests
Department(s): Community Development Agency
Recommended Action: Authorize the City Manager to execute a first amendment to the agreement with Protection America Inc. to provide security services at the dropoff and pickup locations used by the Santa Ana Navigation Center to extend the term until June 30, 2025 and to add an additional $117,308, for a total amount not to exceed $167,308 (Agreement No. A2024XXX).
24. First Amendment with Patrol Solutions, LLC for Event Security Services at City Events to Update the Rates and Amend Compensation Terms from Annual Amounts to Total Not to Exceed Amount of $450,000 for the Entirety of the Agreement Department(s): Parks, Recreation, and Community Services Recommended Action: Authorize the City Manager to execute a first amendment to the agreement with Patrol Solutions, LLC for event security services at City Events to update the rates and amend the compensation terms from annual amounts to total not to exceed amount of $450,000 for the entirety of the agreement (Agreement No. A 2024XXX).
25. Ordinance Amending the Santa Ana Municipal Code (SAMC) to add Article XXI to Chapter 8 of the SAMC Prohibiting ShortTerm Rentals (Second Reading) Legal notice was published in the OC Reporter on April 10, 2024.
Department(s): Planning and Building Agency
Recommended Action: Conduct a second reading and adopt an ordinance amending the Santa Ana Municipal Code (SAMC) to add Article XXI to Chapter 8 of the SAMC prohibiting ShortTerm Rentals.
ORDINANCE NO. NS3061 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, ADDING ARTICLE XXI TO CHAPTER 8 OF THE SANTA ANA MUNICIPAL CODE PROHIBITING SHORTTERM RENTALS
26. Adopt an Ordinance of the City Council of The City of Santa Ana Amending Chapter 2 of The City of Santa Ana Municipal Code (Administration), Article IV (Officers, Departments, Boards and Commissions), Division 15 Relating to Emergency Services Section 2643 – Definitions (Second Reading)
Legal notice was published in the OC Reporter on April 10, 2024.
Department(s): Finance and Management Services
Recommended Action: Conduct a second reading and adopt an Ordinance to expand the definition of an emergency in the Santa Ana Municipal Code.
ORDINANCE NO. NS3062 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 2 OF THE SANTA ANA MUNICIPAL CODE (ADMINISTRATION), ARTICLE IV (OFFICERS, DEPARTMENTS, BOARDS AND COMMISSIONS), DIVISION 15 RELATING TO EMERGENCY SERVICES, SECTION 2643 DEFINITIONS
**END OF CONSENT CALENDAR**
BUSINESS CALENDAR
27. Resolution of the City Council of the City of Santa Ana Announcing Its Strenuous Opposition to the Establishment of a Needle Exchange Program in the City Department(s): City Manager’s Office
Recommended Action: Adopt a Resolution opposing the establishment of a needle exchange program in the City of Santa Ana as proposed by the Harm Reduction Institute’s application to the California Department of Public Health.
RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ANNOUNCING ITS STRENUOUS OPPOSITION TO THE ESTABLISHMENT OF A NEEDLE EXCHANGE PROGRAM IN THE CITY
28. Urgency Interim Ordinance Pursuant to Section 65858(a) of the California Government Code Adopting a 45day Moratorium on the Approval, Commencement, Establishment, Relocation, or Expansion of Industrial Uses within Specific Development No. 84
(A copy of the full text of the proposed urgency ordinance is available for review in the City Clerk’s Office)
Department(s): Planning and Building Agency
Recommended Action:
1. Adopt an urgency ordinance by fourfifths (4/5) vote, pursuant to California Government Code Section 65858(a), adopting a 45day moratorium on the approval, commencement, establishment, relocation, or expansion of industrial uses within Specific Development No. 84 zoning district.
ORDINANCE NO. NSXXXX entitled AN URGENCY INTERIM ORDINANCE OF THE CITY OF SANTA ANA PURSUANT TO GOVERNMENT CODE SECTION 65858 ADOPTING A 45DAY MORATORIUM ON THE APPROVAL, COMMENCEMENT, ESTABLISHMENT, RELOCATION OR EXPANSION OF INDUSTRIAL USES WITHIN SPECIFIC DEVELOPMENT NO. 84 ZONING DISTRICT
2. Find that, in accordance with the California Environmental Quality Act (CEQA), the proposed action is not subject to the requirements of the California Environmental Quality Act, pursuant to (Guidelines) Section 15060(c)(2) because the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment and 15060(c)(3) because the activity is not a project as defined in Section 15378 of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly and so is not a project. **END OF BUSINESS CALENDAR**
COUNCILMEMBER REQUESTED ITEMS
29. Discuss and Consider Providing Direction to the City Manager Regarding the Santa Ana, Juneteenth Festival Being Led by the Orange County Heritage Council (OCHC) – Councilmember 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.
Adjourn in memory of
Don Sneddon
Future Items
1. Water Shutoff Protection Compliance Ordinance
2. FY202425 Budget Discussions and Approval
POSTING STATEMENT: On April 9, 2024, 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.
4/16/2024
City Council Meeting Agenda (Revised 4/10/24)
April 16, 2024
CLOSED SESSION MEETING – 4:30 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
Mayor Pro Tem – Ward 1
Benjamin Vazquez
Councilmember Ward 2
Jessie Lopez
Councilmember 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
Alvaro Nuñez
Acting 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) agenda/general comments, 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 4:30 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 4:00 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL and raise your hand BY 4:30 p.m. Speakers who are not in the speaker queue with their hand raised by 4:30 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 4:00 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
Jessie Lopez
David Penaloza
Benjamin Vazquez
Mayor Pro Tem Thai Viet Phan
Mayor Valerie Amezcua
Acting City Manager Alvaro Nuñez
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. LIABILITY CLAIM pursuant to Government Code Section 54956.95:
Claimant: Alan Berg [Workers’ Compensation Claim]
2. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code:
Heather Heider v. City of Santa Ana, Orange County Superior Court Case No. 30 201901055281CUOECJC
3. PUBLIC EMPLOYEE PERFORMANCE EVALUATION pursuant to Government Code Section 54957(b)(1):
TITLE: City Clerk
4. CONFERENCE WITH LABOR NEGOTIATOR pursuant to California Government Code Section 54957.6(a)
Agency Designated Representative: Lori Schnaider, Acting Executive Director of Human Resources
Unrepresented Employee: City Clerk
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
Jessie Lopez
David Penaloza
Benjamin Vazquez
Mayor Pro Tem Thai Viet Phan
Mayor Valerie Amezcua
Acting City Manager Alvaro Nuñez
City Attorney Sonia R. Carvalho
City Clerk Jennifer L. Hall
ROLL CALL
PLEDGE OF ALLEGIANCE Mayor Amezcua
WORDS OF INSPIRATION Police Chaplain Bob Barnett
ADDITIONS\DELETIONS TO THE AGENDA
CEREMONIAL PRESENTATIONS
1. Certificate of Recognition presented by Mayor Amezcua to Ivy Nguyen for Outstanding Acts of Heroism
2. Proclamation presented by Mayor Pro Tem Phan declaring April 30 as Black April (revised 4/10/2024)
3. Proclamation presented by Councilmember Bacerra to the Orange County Fire Authority declaring May 4, 2024 as International Firefighters’ Day
4. Proclamation presented by Councilmember Hernandez to Southern California Coalition for Occupational Safety & Health declaring April 28, 2024 as Workers’ Memorial Day
5. Proclamation presented by Councilmember Lopez to OC Habitats declaring April 22, 2024 as Earth Day
6. Proclamation presented by Councilmember Vazquez to Latino Health Access declaring April 2024 as National Child Abuse Prevention Month
STAFF PRESENTATIONS
7. ACCOC Presentation (Withdrawn 04/10/2024)
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: 8 through 26 and waive reading of all resolutions and ordinances.
8. Excused Absences
Department(s): City Clerk’s Office
Recommended Action: Excuse the absent members.
9. Minutes from the Regular Meeting of April 2, 2024
Department(s): City Clerk’s Office
Recommended Action: Approve minutes.
10. Appoint Esperanza Martinez Nominated by Councilmember Lopez as a Mobilehome Tenant Representative to the Rental Housing Board for a Full Term Expiring in 2027 Department(s): City Clerk’s Office
Recommended Action: Appoint Esperanza Martinez to the Rental Housing Board as a Mobilehome Tenant Representative and administer the Oath of Office. (Pursuant to SAMC Sec. 2326(a), requires five affirmative votes)
11. Appoint Ignacio Rincon Nominated by Mayor Pro Tem Phan as the Ward 1 Representative to the Historic Resources Commission for a PartialTerm Expiring December 10, 2024
Department(s): City Clerk’s Office
Recommended Action: Appoint Ignacio Rincon to the Historic Resources Commission as the Ward 1 representative and administer Oath of Office. (Pursuant to SAMC Sec. 2326(a), requires five affirmative votes)
12. Appropriation Adjustment and Capital Improvement Project Amendment for Memory Lane and Flower Street Bikeway and Traffic Calming (Project No. 236029) Department(s): Public Works Agency
Recommended Action: 1. Approve an appropriation adjustment to recognize Traffic System Management Grant funds in the amount of $450,000 in the State GrantDirect revenue account, and appropriate the same amount to the Active Transportation Program, Improvements Other than Buildings expenditure account. (Requires five affirmative votes)
2. Approve an amendment to the Fiscal Year 202324 Capital Improvement Project to include $450,000 of funding to the Memory Lane and Flower Street Bikeway and Traffic Calming (Project No. 236029) ATPL5063(217).
13. Appropriation Adjustment and Capital Improvement Project Amendment for the Bus Stop Improvement Project (Project No. 246985) (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: 1. Approve an appropriation adjustment recognizing $398,000 in Clean California Local Grant Program grant funds in the Select Street Construction, State GrantDirect revenue account, and appropriate the same amount into the Select Street Construction, Improvements Other than Buildings expenditure account. (Requires five affirmative votes)
2. Approve an amendment to the Fiscal Year 202324 Capital Improvement Project to include $398,000 of funding to the Bus Stop Improvement Project (Project No. 24 6985).
14. Appropriation Adjustments and Capital Improvement Project Amendments for the Santa Ana Zoo Stormwater Capture and Diversion Project (Project No. 246604) and the New Washington Well Project (Project No. 196423) (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: 1. Approve an appropriation adjustment to recognize $2,603,525 in Proposition 1 Integrated Regional Water Management (IRWM) grant funds from the California Department of Water Resources into the Miscellaneous Revenue, State GrantsIndirect Revenue Account and appropriate the same amount into the Proposition 1 Integrated Regional Water Management Program, Improvements Other than Buildings expenditure account. (Requires five affirmative votes)
2. Approve an amendment to the Fiscal Year 202324 Capital Improvement Program to include $2,603,525 of funding from the Department of Water Resources Proposition 1 Integrated Regional Water Management Grant Program for the Santa Ana Zoo Stormwater Capture and Diversion Project.
3. Approve an appropriation adjustment to recognize $3,394,743 in Prop 1 IRWM Grant Funds from the California Department of Water Resources into the Miscellaneous Revenue, State GrantsIndirect Revenue Account and appropriate the same amount into the Proposition 1 Integrated Regional Water Management Program, Improvements Other than Buildings expenditure account. (Requires five affirmative votes)
4. Approve an amendment to the Fiscal Year 202324 Capital Improvement Program to include $3,394,743 of funding from the Department of Water Resources Proposition 1 Integrated Regional Water Management Grant Program for the New Washington Well Project.
15. Blanket Order Contract to US Gain, a Division of US Venture Inc., for Compressed Natural Gas Fueling Services (Spec No. 24049) (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: Award Blanket Order Contract to US Gain, a Division of US Venture Inc., for compressed natural gas fueling services, in amount not to exceed $240,000, on an asneeded basis, for an initial oneyear term beginning April 16, 2024 and expiring April 15, 2025, with provisions for one, oneyear renewal option.
16. Aggregate Blanket Order Contracts to Famcon Pipe & Supply, Inc. and Core & Main for Manhole Covers, Water Valves, and Covers in an Aggregate Amount Not to Exceed $1,235,000 (Specification No. 24019) (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: Award aggregate blanket order contracts to Famcon Pipe & Supply, Inc. and Core & Main for the purchase of manhole covers, water valves, and covers on an asneeded basis in an aggregate amount not to exceed $1,235,000, for a twoyear term beginning April 16, 2024 and expiring April 15, 2026, with provisions for three, oneyear renewal options.
17. Purchase Order to Southern Bleacher Company, Inc. for the Purchase and Installation of Bleacher Seating in an Amount Not to Exceed $549,214 (Specification No. 24 045) (General Fund)
Department(s): Public Works Agency
Recommended Action: Authorize a onetime purchase and payment of a purchase order to Southern Bleacher Company, Inc. for bleacher seating and corresponding installation services for the Santa Ana Stadium in the amount of $499,285, plus a contingency amount of $49,929, for a total amount not to exceed $549,214.
18. Amendment to Agreement with Mark Thomas & Company for Grant Writing Services (Project No. 226899 & 246899) (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute the first amendment to the agreement with Mark Thomas & Company, Inc. for grant writing services for the Santa Ana Boulevard Grade Separation in the amount of $69,654, with a contingency amount of $10,346, for a new total agreement amount of $330,000 (Agreement No. A 2024XXX).
19. Site License Agreement with Pacific Coast Shuttles, LLC, dba Futura Bus Net, Inc., to allow for Sublicense Agreement with Ohana Shuttles, LLC for Bus Passenger Services at the Santa Ana Regional Transportation Center Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to amend the site license agreement with Pacific Coast Shuttles, LLC, dba Futura Bus Net, Inc., to allow for a sublicense agreement with Ohana Shuttles, LLC to compensate the City $1,500 per month for the rental of one bus bay for bus passenger services at the Santa Ana Regional Transportation Center, for a oneyear term beginning May 1, 2024 and ending April 30, 2025, with the option for three, oneyear renewal periods (Agreement No. 2024XXX).
20. Amend Agreement with LOC Architects to Increase the Design Services for the Santa Ana Zoo Educational Hub Building Project (Project No. 232601) Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute a first amendment to the consultant agreement with LOC Architects for design services for the Santa Ana Zoo Educational Hub Project (Project No. 232601) to increase the amount by $123,400, for a total amount not to exceed $508,520 (Agreement No. A2024XXX).
21. Memorandum of Understanding for the Master Plan of Arterial Highways with the Orange County Transportation Authority and the City of Irvine Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute a Memorandum of Understanding for the Master Plan of Arterial Highways Amendment with the Orange County Transportation Authority and the City of Irvine (Agreement No. A2024XXX).
22. Award a Construction Contract to Fleming Environmental, Inc. for the Fire Station 75 Fuel System Replacement (Project No. 226020) (General Fund) Department(s): Public Works Agency
Recommended Action: 1. Award a construction contract to Fleming Environmental, Inc. in accordance with the base bid in the amount of $584,667, subject to change orders (not to exceed 25% of the base bid amount) in accordance with the Greenbook: Standard Specifications for Public Works Construction, for fuel system replacement at Fire Station 75 for the term beginning upon execution of the contract and ending upon project completion, and authorize the City Manager to execute the contract.
2. Approve the Project Cost Analysis for a total estimated construction delivery cost of $818,534, which includes $584,667 for the construction contract, $87,700 for contract administration, inspection, and testing, and a $146,167 project contingency for unanticipated or unforeseen work.
3. Approve an amendment to the FY 202324 Capital Improvement Program to include $818,534 in construction funding approved in FY 202122 and 202223 proposed budget for the Fire Station.
4. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER202414 was filed for project 226020.
23. Amendment to Agreement with Protection America Inc. to Provide Security Services at Transportation DropOff and PickUp Locations Used for Santa Ana Navigation Center Guests
Department(s): Community Development Agency
Recommended Action: Authorize the City Manager to execute a first amendment to the agreement with Protection America Inc. to provide security services at the dropoff and pickup locations used by the Santa Ana Navigation Center to extend the term until June 30, 2025 and to add an additional $117,308, for a total amount not to exceed $167,308 (Agreement No. A2024XXX).
24. First Amendment with Patrol Solutions, LLC for Event Security Services at City Events to Update the Rates and Amend Compensation Terms from Annual Amounts to Total Not to Exceed Amount of $450,000 for the Entirety of the Agreement Department(s): Parks, Recreation, and Community Services Recommended Action: Authorize the City Manager to execute a first amendment to the agreement with Patrol Solutions, LLC for event security services at City Events to update the rates and amend the compensation terms from annual amounts to total not to exceed amount of $450,000 for the entirety of the agreement (Agreement No. A 2024XXX).
25. Ordinance Amending the Santa Ana Municipal Code (SAMC) to add Article XXI to Chapter 8 of the SAMC Prohibiting ShortTerm Rentals (Second Reading) Legal notice was published in the OC Reporter on April 10, 2024.
Department(s): Planning and Building Agency
Recommended Action: Conduct a second reading and adopt an ordinance amending the Santa Ana Municipal Code (SAMC) to add Article XXI to Chapter 8 of the SAMC prohibiting ShortTerm Rentals.
ORDINANCE NO. NS3061 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, ADDING ARTICLE XXI TO CHAPTER 8 OF THE SANTA ANA MUNICIPAL CODE PROHIBITING SHORTTERM RENTALS
26. Adopt an Ordinance of the City Council of The City of Santa Ana Amending Chapter 2 of The City of Santa Ana Municipal Code (Administration), Article IV (Officers, Departments, Boards and Commissions), Division 15 Relating to Emergency Services Section 2643 – Definitions (Second Reading)
Legal notice was published in the OC Reporter on April 10, 2024.
Department(s): Finance and Management Services
Recommended Action: Conduct a second reading and adopt an Ordinance to expand the definition of an emergency in the Santa Ana Municipal Code.
ORDINANCE NO. NS3062 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 2 OF THE SANTA ANA MUNICIPAL CODE (ADMINISTRATION), ARTICLE IV (OFFICERS, DEPARTMENTS, BOARDS AND COMMISSIONS), DIVISION 15 RELATING TO EMERGENCY SERVICES, SECTION 2643 DEFINITIONS
**END OF CONSENT CALENDAR**
BUSINESS CALENDAR
27. Resolution of the City Council of the City of Santa Ana Announcing Its Strenuous Opposition to the Establishment of a Needle Exchange Program in the City Department(s): City Manager’s Office
Recommended Action: Adopt a Resolution opposing the establishment of a needle exchange program in the City of Santa Ana as proposed by the Harm Reduction Institute’s application to the California Department of Public Health.
RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ANNOUNCING ITS STRENUOUS OPPOSITION TO THE ESTABLISHMENT OF A NEEDLE EXCHANGE PROGRAM IN THE CITY
28. Urgency Interim Ordinance Pursuant to Section 65858(a) of the California Government Code Adopting a 45day Moratorium on the Approval, Commencement, Establishment, Relocation, or Expansion of Industrial Uses within Specific Development No. 84
(A copy of the full text of the proposed urgency ordinance is available for review in the City Clerk’s Office)
Department(s): Planning and Building Agency
Recommended Action:
1. Adopt an urgency ordinance by fourfifths (4/5) vote, pursuant to California Government Code Section 65858(a), adopting a 45day moratorium on the approval, commencement, establishment, relocation, or expansion of industrial uses within Specific Development No. 84 zoning district.
ORDINANCE NO. NSXXXX entitled AN URGENCY INTERIM ORDINANCE OF THE CITY OF SANTA ANA PURSUANT TO GOVERNMENT CODE SECTION 65858 ADOPTING A 45DAY MORATORIUM ON THE APPROVAL, COMMENCEMENT, ESTABLISHMENT, RELOCATION OR EXPANSION OF INDUSTRIAL USES WITHIN SPECIFIC DEVELOPMENT NO. 84 ZONING DISTRICT
2. Find that, in accordance with the California Environmental Quality Act (CEQA), the proposed action is not subject to the requirements of the California Environmental Quality Act, pursuant to (Guidelines) Section 15060(c)(2) because the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment and 15060(c)(3) because the activity is not a project as defined in Section 15378 of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly and so is not a project. **END OF BUSINESS CALENDAR**
COUNCILMEMBER REQUESTED ITEMS
29. Discuss and Consider Providing Direction to the City Manager Regarding the Santa Ana, Juneteenth Festival Being Led by the Orange County Heritage Council (OCHC) – Councilmember 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.
Adjourn in memory of
Don Sneddon
Future Items
1. Water Shutoff Protection Compliance Ordinance
2. FY202425 Budget Discussions and Approval
POSTING STATEMENT: On April 9, 2024, 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.
4/16/2024
City Council Meeting Agenda (Revised 4/10/24)
April 16, 2024
CLOSED SESSION MEETING – 4:30 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
Mayor Pro Tem – Ward 1
Benjamin Vazquez
Councilmember Ward 2
Jessie Lopez
Councilmember 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
Alvaro Nuñez
Acting 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) agenda/general comments, 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 4:30 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 4:00 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL and raise your hand BY 4:30 p.m. Speakers who are not in the speaker queue with their hand raised by 4:30 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 4:00 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
Jessie Lopez
David Penaloza
Benjamin Vazquez
Mayor Pro Tem Thai Viet Phan
Mayor Valerie Amezcua
Acting City Manager Alvaro Nuñez
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. LIABILITY CLAIM pursuant to Government Code Section 54956.95:
Claimant: Alan Berg [Workers’ Compensation Claim]
2. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code:
Heather Heider v. City of Santa Ana, Orange County Superior Court Case No. 30 201901055281CUOECJC
3. PUBLIC EMPLOYEE PERFORMANCE EVALUATION pursuant to Government Code Section 54957(b)(1):
TITLE: City Clerk
4. CONFERENCE WITH LABOR NEGOTIATOR pursuant to California Government Code Section 54957.6(a)
Agency Designated Representative: Lori Schnaider, Acting Executive Director of Human Resources
Unrepresented Employee: City Clerk
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
Jessie Lopez
David Penaloza
Benjamin Vazquez
Mayor Pro Tem Thai Viet Phan
Mayor Valerie Amezcua
Acting City Manager Alvaro Nuñez
City Attorney Sonia R. Carvalho
City Clerk Jennifer L. Hall
ROLL CALL
PLEDGE OF ALLEGIANCE Mayor Amezcua
WORDS OF INSPIRATION Police Chaplain Bob Barnett
ADDITIONS\DELETIONS TO THE AGENDA
CEREMONIAL PRESENTATIONS
1. Certificate of Recognition presented by Mayor Amezcua to Ivy Nguyen for Outstanding Acts of Heroism
2. Proclamation presented by Mayor Pro Tem Phan declaring April 30 as Black April (revised 4/10/2024)
3. Proclamation presented by Councilmember Bacerra to the Orange County Fire Authority declaring May 4, 2024 as International Firefighters’ Day
4. Proclamation presented by Councilmember Hernandez to Southern California Coalition for Occupational Safety & Health declaring April 28, 2024 as Workers’ Memorial Day
5. Proclamation presented by Councilmember Lopez to OC Habitats declaring April 22, 2024 as Earth Day
6. Proclamation presented by Councilmember Vazquez to Latino Health Access declaring April 2024 as National Child Abuse Prevention Month
STAFF PRESENTATIONS
7. ACCOC Presentation (Withdrawn 04/10/2024)
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: 8 through 26 and waive reading of all resolutions and ordinances.
8. Excused Absences
Department(s): City Clerk’s Office
Recommended Action: Excuse the absent members.
9. Minutes from the Regular Meeting of April 2, 2024
Department(s): City Clerk’s Office
Recommended Action: Approve minutes.
10. Appoint Esperanza Martinez Nominated by Councilmember Lopez as a Mobilehome Tenant Representative to the Rental Housing Board for a Full Term Expiring in 2027 Department(s): City Clerk’s Office
Recommended Action: Appoint Esperanza Martinez to the Rental Housing Board as a Mobilehome Tenant Representative and administer the Oath of Office. (Pursuant to SAMC Sec. 2326(a), requires five affirmative votes)
11. Appoint Ignacio Rincon Nominated by Mayor Pro Tem Phan as the Ward 1 Representative to the Historic Resources Commission for a PartialTerm Expiring December 10, 2024
Department(s): City Clerk’s Office
Recommended Action: Appoint Ignacio Rincon to the Historic Resources Commission as the Ward 1 representative and administer Oath of Office. (Pursuant to SAMC Sec. 2326(a), requires five affirmative votes)
12. Appropriation Adjustment and Capital Improvement Project Amendment for Memory Lane and Flower Street Bikeway and Traffic Calming (Project No. 236029) Department(s): Public Works Agency
Recommended Action: 1. Approve an appropriation adjustment to recognize Traffic System Management Grant funds in the amount of $450,000 in the State GrantDirect revenue account, and appropriate the same amount to the Active Transportation Program, Improvements Other than Buildings expenditure account. (Requires five affirmative votes)
2. Approve an amendment to the Fiscal Year 202324 Capital Improvement Project to include $450,000 of funding to the Memory Lane and Flower Street Bikeway and Traffic Calming (Project No. 236029) ATPL5063(217).
13. Appropriation Adjustment and Capital Improvement Project Amendment for the Bus Stop Improvement Project (Project No. 246985) (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: 1. Approve an appropriation adjustment recognizing $398,000 in Clean California Local Grant Program grant funds in the Select Street Construction, State GrantDirect revenue account, and appropriate the same amount into the Select Street Construction, Improvements Other than Buildings expenditure account. (Requires five affirmative votes)
2. Approve an amendment to the Fiscal Year 202324 Capital Improvement Project to include $398,000 of funding to the Bus Stop Improvement Project (Project No. 24 6985).
14. Appropriation Adjustments and Capital Improvement Project Amendments for the Santa Ana Zoo Stormwater Capture and Diversion Project (Project No. 246604) and the New Washington Well Project (Project No. 196423) (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: 1. Approve an appropriation adjustment to recognize $2,603,525 in Proposition 1 Integrated Regional Water Management (IRWM) grant funds from the California Department of Water Resources into the Miscellaneous Revenue, State GrantsIndirect Revenue Account and appropriate the same amount into the Proposition 1 Integrated Regional Water Management Program, Improvements Other than Buildings expenditure account. (Requires five affirmative votes)
2. Approve an amendment to the Fiscal Year 202324 Capital Improvement Program to include $2,603,525 of funding from the Department of Water Resources Proposition 1 Integrated Regional Water Management Grant Program for the Santa Ana Zoo Stormwater Capture and Diversion Project.
3. Approve an appropriation adjustment to recognize $3,394,743 in Prop 1 IRWM Grant Funds from the California Department of Water Resources into the Miscellaneous Revenue, State GrantsIndirect Revenue Account and appropriate the same amount into the Proposition 1 Integrated Regional Water Management Program, Improvements Other than Buildings expenditure account. (Requires five affirmative votes)
4. Approve an amendment to the Fiscal Year 202324 Capital Improvement Program to include $3,394,743 of funding from the Department of Water Resources Proposition 1 Integrated Regional Water Management Grant Program for the New Washington Well Project.
15. Blanket Order Contract to US Gain, a Division of US Venture Inc., for Compressed Natural Gas Fueling Services (Spec No. 24049) (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: Award Blanket Order Contract to US Gain, a Division of US Venture Inc., for compressed natural gas fueling services, in amount not to exceed $240,000, on an asneeded basis, for an initial oneyear term beginning April 16, 2024 and expiring April 15, 2025, with provisions for one, oneyear renewal option.
16. Aggregate Blanket Order Contracts to Famcon Pipe & Supply, Inc. and Core & Main for Manhole Covers, Water Valves, and Covers in an Aggregate Amount Not to Exceed $1,235,000 (Specification No. 24019) (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: Award aggregate blanket order contracts to Famcon Pipe & Supply, Inc. and Core & Main for the purchase of manhole covers, water valves, and covers on an asneeded basis in an aggregate amount not to exceed $1,235,000, for a twoyear term beginning April 16, 2024 and expiring April 15, 2026, with provisions for three, oneyear renewal options.
17. Purchase Order to Southern Bleacher Company, Inc. for the Purchase and Installation of Bleacher Seating in an Amount Not to Exceed $549,214 (Specification No. 24 045) (General Fund)
Department(s): Public Works Agency
Recommended Action: Authorize a onetime purchase and payment of a purchase order to Southern Bleacher Company, Inc. for bleacher seating and corresponding installation services for the Santa Ana Stadium in the amount of $499,285, plus a contingency amount of $49,929, for a total amount not to exceed $549,214.
18. Amendment to Agreement with Mark Thomas & Company for Grant Writing Services (Project No. 226899 & 246899) (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute the first amendment to the agreement with Mark Thomas & Company, Inc. for grant writing services for the Santa Ana Boulevard Grade Separation in the amount of $69,654, with a contingency amount of $10,346, for a new total agreement amount of $330,000 (Agreement No. A 2024XXX).
19. Site License Agreement with Pacific Coast Shuttles, LLC, dba Futura Bus Net, Inc., to allow for Sublicense Agreement with Ohana Shuttles, LLC for Bus Passenger Services at the Santa Ana Regional Transportation Center Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to amend the site license agreement with Pacific Coast Shuttles, LLC, dba Futura Bus Net, Inc., to allow for a sublicense agreement with Ohana Shuttles, LLC to compensate the City $1,500 per month for the rental of one bus bay for bus passenger services at the Santa Ana Regional Transportation Center, for a oneyear term beginning May 1, 2024 and ending April 30, 2025, with the option for three, oneyear renewal periods (Agreement No. 2024XXX).
20. Amend Agreement with LOC Architects to Increase the Design Services for the Santa Ana Zoo Educational Hub Building Project (Project No. 232601) Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute a first amendment to the consultant agreement with LOC Architects for design services for the Santa Ana Zoo Educational Hub Project (Project No. 232601) to increase the amount by $123,400, for a total amount not to exceed $508,520 (Agreement No. A2024XXX).
21. Memorandum of Understanding for the Master Plan of Arterial Highways with the Orange County Transportation Authority and the City of Irvine Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute a Memorandum of Understanding for the Master Plan of Arterial Highways Amendment with the Orange County Transportation Authority and the City of Irvine (Agreement No. A2024XXX).
22. Award a Construction Contract to Fleming Environmental, Inc. for the Fire Station 75 Fuel System Replacement (Project No. 226020) (General Fund) Department(s): Public Works Agency
Recommended Action: 1. Award a construction contract to Fleming Environmental, Inc. in accordance with the base bid in the amount of $584,667, subject to change orders (not to exceed 25% of the base bid amount) in accordance with the Greenbook: Standard Specifications for Public Works Construction, for fuel system replacement at Fire Station 75 for the term beginning upon execution of the contract and ending upon project completion, and authorize the City Manager to execute the contract.
2. Approve the Project Cost Analysis for a total estimated construction delivery cost of $818,534, which includes $584,667 for the construction contract, $87,700 for contract administration, inspection, and testing, and a $146,167 project contingency for unanticipated or unforeseen work.
3. Approve an amendment to the FY 202324 Capital Improvement Program to include $818,534 in construction funding approved in FY 202122 and 202223 proposed budget for the Fire Station.
4. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER202414 was filed for project 226020.
23. Amendment to Agreement with Protection America Inc. to Provide Security Services at Transportation DropOff and PickUp Locations Used for Santa Ana Navigation Center Guests
Department(s): Community Development Agency
Recommended Action: Authorize the City Manager to execute a first amendment to the agreement with Protection America Inc. to provide security services at the dropoff and pickup locations used by the Santa Ana Navigation Center to extend the term until June 30, 2025 and to add an additional $117,308, for a total amount not to exceed $167,308 (Agreement No. A2024XXX).
24. First Amendment with Patrol Solutions, LLC for Event Security Services at City Events to Update the Rates and Amend Compensation Terms from Annual Amounts to Total Not to Exceed Amount of $450,000 for the Entirety of the Agreement Department(s): Parks, Recreation, and Community Services Recommended Action: Authorize the City Manager to execute a first amendment to the agreement with Patrol Solutions, LLC for event security services at City Events to update the rates and amend the compensation terms from annual amounts to total not to exceed amount of $450,000 for the entirety of the agreement (Agreement No. A 2024XXX).
25. Ordinance Amending the Santa Ana Municipal Code (SAMC) to add Article XXI to Chapter 8 of the SAMC Prohibiting ShortTerm Rentals (Second Reading) Legal notice was published in the OC Reporter on April 10, 2024.
Department(s): Planning and Building Agency
Recommended Action: Conduct a second reading and adopt an ordinance amending the Santa Ana Municipal Code (SAMC) to add Article XXI to Chapter 8 of the SAMC prohibiting ShortTerm Rentals.
ORDINANCE NO. NS3061 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, ADDING ARTICLE XXI TO CHAPTER 8 OF THE SANTA ANA MUNICIPAL CODE PROHIBITING SHORTTERM RENTALS
26. Adopt an Ordinance of the City Council of The City of Santa Ana Amending Chapter 2 of The City of Santa Ana Municipal Code (Administration), Article IV (Officers, Departments, Boards and Commissions), Division 15 Relating to Emergency Services Section 2643 – Definitions (Second Reading)
Legal notice was published in the OC Reporter on April 10, 2024.
Department(s): Finance and Management Services
Recommended Action: Conduct a second reading and adopt an Ordinance to expand the definition of an emergency in the Santa Ana Municipal Code.
ORDINANCE NO. NS3062 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 2 OF THE SANTA ANA MUNICIPAL CODE (ADMINISTRATION), ARTICLE IV (OFFICERS, DEPARTMENTS, BOARDS AND COMMISSIONS), DIVISION 15 RELATING TO EMERGENCY SERVICES, SECTION 2643 DEFINITIONS
**END OF CONSENT CALENDAR**
BUSINESS CALENDAR
27. Resolution of the City Council of the City of Santa Ana Announcing Its Strenuous Opposition to the Establishment of a Needle Exchange Program in the City Department(s): City Manager’s Office
Recommended Action: Adopt a Resolution opposing the establishment of a needle exchange program in the City of Santa Ana as proposed by the Harm Reduction Institute’s application to the California Department of Public Health.
RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ANNOUNCING ITS STRENUOUS OPPOSITION TO THE ESTABLISHMENT OF A NEEDLE EXCHANGE PROGRAM IN THE CITY
28. Urgency Interim Ordinance Pursuant to Section 65858(a) of the California Government Code Adopting a 45day Moratorium on the Approval, Commencement, Establishment, Relocation, or Expansion of Industrial Uses within Specific Development No. 84
(A copy of the full text of the proposed urgency ordinance is available for review in the City Clerk’s Office)
Department(s): Planning and Building Agency
Recommended Action:
1. Adopt an urgency ordinance by fourfifths (4/5) vote, pursuant to California Government Code Section 65858(a), adopting a 45day moratorium on the approval, commencement, establishment, relocation, or expansion of industrial uses within Specific Development No. 84 zoning district.
ORDINANCE NO. NSXXXX entitled AN URGENCY INTERIM ORDINANCE OF THE CITY OF SANTA ANA PURSUANT TO GOVERNMENT CODE SECTION 65858 ADOPTING A 45DAY MORATORIUM ON THE APPROVAL, COMMENCEMENT, ESTABLISHMENT, RELOCATION OR EXPANSION OF INDUSTRIAL USES WITHIN SPECIFIC DEVELOPMENT NO. 84 ZONING DISTRICT
2. Find that, in accordance with the California Environmental Quality Act (CEQA), the proposed action is not subject to the requirements of the California Environmental Quality Act, pursuant to (Guidelines) Section 15060(c)(2) because the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment and 15060(c)(3) because the activity is not a project as defined in Section 15378 of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly and so is not a project. **END OF BUSINESS CALENDAR**
COUNCILMEMBER REQUESTED ITEMS
29. Discuss and Consider Providing Direction to the City Manager Regarding the Santa Ana, Juneteenth Festival Being Led by the Orange County Heritage Council (OCHC) – Councilmember 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.
Adjourn in memory of
Don Sneddon
Future Items
1. Water Shutoff Protection Compliance Ordinance
2. FY202425 Budget Discussions and Approval
POSTING STATEMENT: On April 9, 2024, 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.
4/16/2024
City Council Meeting Agenda (Revised 4/10/24)
April 16, 2024
CLOSED SESSION MEETING – 4:30 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
Mayor Pro Tem – Ward 1
Benjamin Vazquez
Councilmember Ward 2
Jessie Lopez
Councilmember 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
Alvaro Nuñez
Acting 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) agenda/general comments, 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 4:30 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 4:00 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL and raise your hand BY 4:30 p.m. Speakers who are not in the speaker queue with their hand raised by 4:30 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 4:00 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
Jessie Lopez
David Penaloza
Benjamin Vazquez
Mayor Pro Tem Thai Viet Phan
Mayor Valerie Amezcua
Acting City Manager Alvaro Nuñez
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. LIABILITY CLAIM pursuant to Government Code Section 54956.95:
Claimant: Alan Berg [Workers’ Compensation Claim]
2. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code:
Heather Heider v. City of Santa Ana, Orange County Superior Court Case No. 30 201901055281CUOECJC
3. PUBLIC EMPLOYEE PERFORMANCE EVALUATION pursuant to Government Code Section 54957(b)(1):
TITLE: City Clerk
4. CONFERENCE WITH LABOR NEGOTIATOR pursuant to California Government Code Section 54957.6(a)
Agency Designated Representative: Lori Schnaider, Acting Executive Director of Human Resources
Unrepresented Employee: City Clerk
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
Jessie Lopez
David Penaloza
Benjamin Vazquez
Mayor Pro Tem Thai Viet Phan
Mayor Valerie Amezcua
Acting City Manager Alvaro Nuñez
City Attorney Sonia R. Carvalho
City Clerk Jennifer L. Hall
ROLL CALL
PLEDGE OF ALLEGIANCE Mayor Amezcua
WORDS OF INSPIRATION Police Chaplain Bob Barnett
ADDITIONS\DELETIONS TO THE AGENDA
CEREMONIAL PRESENTATIONS
1. Certificate of Recognition presented by Mayor Amezcua to Ivy Nguyen for Outstanding Acts of Heroism
2. Proclamation presented by Mayor Pro Tem Phan declaring April 30 as Black April (revised 4/10/2024)
3. Proclamation presented by Councilmember Bacerra to the Orange County Fire Authority declaring May 4, 2024 as International Firefighters’ Day
4. Proclamation presented by Councilmember Hernandez to Southern California Coalition for Occupational Safety & Health declaring April 28, 2024 as Workers’ Memorial Day
5. Proclamation presented by Councilmember Lopez to OC Habitats declaring April 22, 2024 as Earth Day
6. Proclamation presented by Councilmember Vazquez to Latino Health Access declaring April 2024 as National Child Abuse Prevention Month
STAFF PRESENTATIONS
7. ACCOC Presentation (Withdrawn 04/10/2024)
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: 8 through 26 and waive reading of all resolutions and ordinances.
8. Excused Absences
Department(s): City Clerk’s Office
Recommended Action: Excuse the absent members.
9. Minutes from the Regular Meeting of April 2, 2024
Department(s): City Clerk’s Office
Recommended Action: Approve minutes.
10. Appoint Esperanza Martinez Nominated by Councilmember Lopez as a Mobilehome Tenant Representative to the Rental Housing Board for a Full Term Expiring in 2027 Department(s): City Clerk’s Office
Recommended Action: Appoint Esperanza Martinez to the Rental Housing Board as a Mobilehome Tenant Representative and administer the Oath of Office. (Pursuant to SAMC Sec. 2326(a), requires five affirmative votes)
11. Appoint Ignacio Rincon Nominated by Mayor Pro Tem Phan as the Ward 1 Representative to the Historic Resources Commission for a PartialTerm Expiring December 10, 2024
Department(s): City Clerk’s Office
Recommended Action: Appoint Ignacio Rincon to the Historic Resources Commission as the Ward 1 representative and administer Oath of Office. (Pursuant to SAMC Sec. 2326(a), requires five affirmative votes)
12. Appropriation Adjustment and Capital Improvement Project Amendment for Memory Lane and Flower Street Bikeway and Traffic Calming (Project No. 236029) Department(s): Public Works Agency
Recommended Action: 1. Approve an appropriation adjustment to recognize Traffic System Management Grant funds in the amount of $450,000 in the State GrantDirect revenue account, and appropriate the same amount to the Active Transportation Program, Improvements Other than Buildings expenditure account. (Requires five affirmative votes)
2. Approve an amendment to the Fiscal Year 202324 Capital Improvement Project to include $450,000 of funding to the Memory Lane and Flower Street Bikeway and Traffic Calming (Project No. 236029) ATPL5063(217).
13. Appropriation Adjustment and Capital Improvement Project Amendment for the Bus Stop Improvement Project (Project No. 246985) (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: 1. Approve an appropriation adjustment recognizing $398,000 in Clean California Local Grant Program grant funds in the Select Street Construction, State GrantDirect revenue account, and appropriate the same amount into the Select Street Construction, Improvements Other than Buildings expenditure account. (Requires five affirmative votes)
2. Approve an amendment to the Fiscal Year 202324 Capital Improvement Project to include $398,000 of funding to the Bus Stop Improvement Project (Project No. 24 6985).
14. Appropriation Adjustments and Capital Improvement Project Amendments for the Santa Ana Zoo Stormwater Capture and Diversion Project (Project No. 246604) and the New Washington Well Project (Project No. 196423) (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: 1. Approve an appropriation adjustment to recognize $2,603,525 in Proposition 1 Integrated Regional Water Management (IRWM) grant funds from the California Department of Water Resources into the Miscellaneous Revenue, State GrantsIndirect Revenue Account and appropriate the same amount into the Proposition 1 Integrated Regional Water Management Program, Improvements Other than Buildings expenditure account. (Requires five affirmative votes)
2. Approve an amendment to the Fiscal Year 202324 Capital Improvement Program to include $2,603,525 of funding from the Department of Water Resources Proposition 1 Integrated Regional Water Management Grant Program for the Santa Ana Zoo Stormwater Capture and Diversion Project.
3. Approve an appropriation adjustment to recognize $3,394,743 in Prop 1 IRWM Grant Funds from the California Department of Water Resources into the Miscellaneous Revenue, State GrantsIndirect Revenue Account and appropriate the same amount into the Proposition 1 Integrated Regional Water Management Program, Improvements Other than Buildings expenditure account. (Requires five affirmative votes)
4. Approve an amendment to the Fiscal Year 202324 Capital Improvement Program to include $3,394,743 of funding from the Department of Water Resources Proposition 1 Integrated Regional Water Management Grant Program for the New Washington Well Project.
15. Blanket Order Contract to US Gain, a Division of US Venture Inc., for Compressed Natural Gas Fueling Services (Spec No. 24049) (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: Award Blanket Order Contract to US Gain, a Division of US Venture Inc., for compressed natural gas fueling services, in amount not to exceed $240,000, on an asneeded basis, for an initial oneyear term beginning April 16, 2024 and expiring April 15, 2025, with provisions for one, oneyear renewal option.
16. Aggregate Blanket Order Contracts to Famcon Pipe & Supply, Inc. and Core & Main for Manhole Covers, Water Valves, and Covers in an Aggregate Amount Not to Exceed $1,235,000 (Specification No. 24019) (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: Award aggregate blanket order contracts to Famcon Pipe & Supply, Inc. and Core & Main for the purchase of manhole covers, water valves, and covers on an asneeded basis in an aggregate amount not to exceed $1,235,000, for a twoyear term beginning April 16, 2024 and expiring April 15, 2026, with provisions for three, oneyear renewal options.
17. Purchase Order to Southern Bleacher Company, Inc. for the Purchase and Installation of Bleacher Seating in an Amount Not to Exceed $549,214 (Specification No. 24 045) (General Fund)
Department(s): Public Works Agency
Recommended Action: Authorize a onetime purchase and payment of a purchase order to Southern Bleacher Company, Inc. for bleacher seating and corresponding installation services for the Santa Ana Stadium in the amount of $499,285, plus a contingency amount of $49,929, for a total amount not to exceed $549,214.
18. Amendment to Agreement with Mark Thomas & Company for Grant Writing Services (Project No. 226899 & 246899) (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute the first amendment to the agreement with Mark Thomas & Company, Inc. for grant writing services for the Santa Ana Boulevard Grade Separation in the amount of $69,654, with a contingency amount of $10,346, for a new total agreement amount of $330,000 (Agreement No. A 2024XXX).
19. Site License Agreement with Pacific Coast Shuttles, LLC, dba Futura Bus Net, Inc., to allow for Sublicense Agreement with Ohana Shuttles, LLC for Bus Passenger Services at the Santa Ana Regional Transportation Center Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to amend the site license agreement with Pacific Coast Shuttles, LLC, dba Futura Bus Net, Inc., to allow for a sublicense agreement with Ohana Shuttles, LLC to compensate the City $1,500 per month for the rental of one bus bay for bus passenger services at the Santa Ana Regional Transportation Center, for a oneyear term beginning May 1, 2024 and ending April 30, 2025, with the option for three, oneyear renewal periods (Agreement No. 2024XXX).
20. Amend Agreement with LOC Architects to Increase the Design Services for the Santa Ana Zoo Educational Hub Building Project (Project No. 232601) Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute a first amendment to the consultant agreement with LOC Architects for design services for the Santa Ana Zoo Educational Hub Project (Project No. 232601) to increase the amount by $123,400, for a total amount not to exceed $508,520 (Agreement No. A2024XXX).
21. Memorandum of Understanding for the Master Plan of Arterial Highways with the Orange County Transportation Authority and the City of Irvine Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute a Memorandum of Understanding for the Master Plan of Arterial Highways Amendment with the Orange County Transportation Authority and the City of Irvine (Agreement No. A2024XXX).
22. Award a Construction Contract to Fleming Environmental, Inc. for the Fire Station 75 Fuel System Replacement (Project No. 226020) (General Fund) Department(s): Public Works Agency
Recommended Action: 1. Award a construction contract to Fleming Environmental, Inc. in accordance with the base bid in the amount of $584,667, subject to change orders (not to exceed 25% of the base bid amount) in accordance with the Greenbook: Standard Specifications for Public Works Construction, for fuel system replacement at Fire Station 75 for the term beginning upon execution of the contract and ending upon project completion, and authorize the City Manager to execute the contract.
2. Approve the Project Cost Analysis for a total estimated construction delivery cost of $818,534, which includes $584,667 for the construction contract, $87,700 for contract administration, inspection, and testing, and a $146,167 project contingency for unanticipated or unforeseen work.
3. Approve an amendment to the FY 202324 Capital Improvement Program to include $818,534 in construction funding approved in FY 202122 and 202223 proposed budget for the Fire Station.
4. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER202414 was filed for project 226020.
23. Amendment to Agreement with Protection America Inc. to Provide Security Services at Transportation DropOff and PickUp Locations Used for Santa Ana Navigation Center Guests
Department(s): Community Development Agency
Recommended Action: Authorize the City Manager to execute a first amendment to the agreement with Protection America Inc. to provide security services at the dropoff and pickup locations used by the Santa Ana Navigation Center to extend the term until June 30, 2025 and to add an additional $117,308, for a total amount not to exceed $167,308 (Agreement No. A2024XXX).
24. First Amendment with Patrol Solutions, LLC for Event Security Services at City Events to Update the Rates and Amend Compensation Terms from Annual Amounts to Total Not to Exceed Amount of $450,000 for the Entirety of the Agreement Department(s): Parks, Recreation, and Community Services Recommended Action: Authorize the City Manager to execute a first amendment to the agreement with Patrol Solutions, LLC for event security services at City Events to update the rates and amend the compensation terms from annual amounts to total not to exceed amount of $450,000 for the entirety of the agreement (Agreement No. A 2024XXX).
25. Ordinance Amending the Santa Ana Municipal Code (SAMC) to add Article XXI to Chapter 8 of the SAMC Prohibiting ShortTerm Rentals (Second Reading) Legal notice was published in the OC Reporter on April 10, 2024.
Department(s): Planning and Building Agency
Recommended Action: Conduct a second reading and adopt an ordinance amending the Santa Ana Municipal Code (SAMC) to add Article XXI to Chapter 8 of the SAMC prohibiting ShortTerm Rentals.
ORDINANCE NO. NS3061 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, ADDING ARTICLE XXI TO CHAPTER 8 OF THE SANTA ANA MUNICIPAL CODE PROHIBITING SHORTTERM RENTALS
26. Adopt an Ordinance of the City Council of The City of Santa Ana Amending Chapter 2 of The City of Santa Ana Municipal Code (Administration), Article IV (Officers, Departments, Boards and Commissions), Division 15 Relating to Emergency Services Section 2643 – Definitions (Second Reading)
Legal notice was published in the OC Reporter on April 10, 2024.
Department(s): Finance and Management Services
Recommended Action: Conduct a second reading and adopt an Ordinance to expand the definition of an emergency in the Santa Ana Municipal Code.
ORDINANCE NO. NS3062 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 2 OF THE SANTA ANA MUNICIPAL CODE (ADMINISTRATION), ARTICLE IV (OFFICERS, DEPARTMENTS, BOARDS AND COMMISSIONS), DIVISION 15 RELATING TO EMERGENCY SERVICES, SECTION 2643 DEFINITIONS
**END OF CONSENT CALENDAR**
BUSINESS CALENDAR
27. Resolution of the City Council of the City of Santa Ana Announcing Its Strenuous Opposition to the Establishment of a Needle Exchange Program in the City Department(s): City Manager’s Office
Recommended Action: Adopt a Resolution opposing the establishment of a needle exchange program in the City of Santa Ana as proposed by the Harm Reduction Institute’s application to the California Department of Public Health.
RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ANNOUNCING ITS STRENUOUS OPPOSITION TO THE ESTABLISHMENT OF A NEEDLE EXCHANGE PROGRAM IN THE CITY
28. Urgency Interim Ordinance Pursuant to Section 65858(a) of the California Government Code Adopting a 45day Moratorium on the Approval, Commencement, Establishment, Relocation, or Expansion of Industrial Uses within Specific Development No. 84
(A copy of the full text of the proposed urgency ordinance is available for review in the City Clerk’s Office)
Department(s): Planning and Building Agency
Recommended Action:
1. Adopt an urgency ordinance by fourfifths (4/5) vote, pursuant to California Government Code Section 65858(a), adopting a 45day moratorium on the approval, commencement, establishment, relocation, or expansion of industrial uses within Specific Development No. 84 zoning district.
ORDINANCE NO. NSXXXX entitled AN URGENCY INTERIM ORDINANCE OF THE CITY OF SANTA ANA PURSUANT TO GOVERNMENT CODE SECTION 65858 ADOPTING A 45DAY MORATORIUM ON THE APPROVAL, COMMENCEMENT, ESTABLISHMENT, RELOCATION OR EXPANSION OF INDUSTRIAL USES WITHIN SPECIFIC DEVELOPMENT NO. 84 ZONING DISTRICT
2. Find that, in accordance with the California Environmental Quality Act (CEQA), the proposed action is not subject to the requirements of the California Environmental Quality Act, pursuant to (Guidelines) Section 15060(c)(2) because the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment and 15060(c)(3) because the activity is not a project as defined in Section 15378 of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly and so is not a project. **END OF BUSINESS CALENDAR**
COUNCILMEMBER REQUESTED ITEMS
29. Discuss and Consider Providing Direction to the City Manager Regarding the Santa Ana, Juneteenth Festival Being Led by the Orange County Heritage Council (OCHC) – Councilmember 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.
Adjourn in memory of
Don Sneddon
Future Items
1. Water Shutoff Protection Compliance Ordinance
2. FY202425 Budget Discussions and Approval
POSTING STATEMENT: On April 9, 2024, 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.