Minutes of the Regular Meeting and
Adjourned Regular Meeting
of the City Council
City of Santa Ana,
California
9 September 17, 2024
September 23, 2024
CLOSED SESSION MEETING - 4: 30 P. M.
REGULAR OPEN MEETING - 5: 30 P. M.
Immediately following the Closed Session Meeting)
CITY COUNCIL CHAMBER
22 Civic Center Plaza Santa Ana, CA 92701
CLOSED SESSION
CALL TO ORDER
MINUTES: Mayor Amezcua called the Closed Session meeting to order at 4:39 P.M on September 17, 2024.
ATTENDANCE Council Members Phil Bacerra
Johnathan Ryan Hernandez
Jessie Lopez
David Penaloza
Benjamin Vazquez
Mayor Pro Tern Thai Viet Phan
Mayor Valerie Amezcua
City Manager Alvaro Nunez
City Attorney Sonia R. Carvalho
City Clerk Jennifer L. Hall
CITY COUNCIL 1 SEPTEMBER 17, 2024
SEPTEMBER 23, 2024
ROLL CALL
MINUTES: City Clerk Jennifer L. Hall conducted roll call.
CouncilmembersPenalozaand Vazquez, Mayor Pro Tem Phan, and Mayor Amezcua werepresent. CouncilmembersBacerra, Hernandez, andLopezarrivedduringClosed Session.
ADDITIONSWELETIONS TO CLOSED SESSION
MINUTES: None.
PUBLIC COMMENTS— Membersof the public may addressthe City Council on Closed Session items.
MINUTES: CityClerkJenniferL. Hallstatedonepubliccommentwasreceivedvia email regarding Closed Session Agenda Item No. 2.
RECESS — City Councilwill recessto ClosedSessionfor the purposeof conducting regular City business.
MINUTES: MayorAmezcua recessed to considerthe ClosedSession items at 4:40 P.M.
CLOSED SESSION ITEMS— The BrownAct permits legislativebodiesto discusscertain matterswithoutmembersof the publicpresent. The CityCouncilfinds, basedon advice from the CityAttorney, thatdiscussionin opensessionof the followingmatterswill prejudicethe positionoftheCityinexistingandanticipatedlitigation:
1. CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION pursuant to Paragraph ( 1) of subdivision ( d) of Section 54956.9 of the Government Code:
JamesV. Lacy, et al. v. Jennifer HalI, in her official capacity as SantaAna City Clerk, et al.
Orange County Superior Court Case No. 30-2024-01402208-CU-WM-CJC
2. CONFERENCE WITH LEGAL COUNSEL — INITIATION OF LITIGATION pursuant to Paragraph ( 4) of subdivision ( d) of Government Code Section 54956. 9:
One ( 1) case— Union Pacific
3. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957. 6( a):
Agency Negotiator: Lori Schnaider, Executive Director of Human Resources Employee Organization: Service Employee International Union Local 721, Part- Time Non- Civil Service Employees
CITY COUNCIL 2 SEPTEMBER 17, 2024
SEPTEMBER 23, 2024
4. PUBLIC EMPLOYEE APPOINTMENT pursuant to Government Code Section 54957( b)( 1)
Title: Independent Oversight Director to the Santa Ana Police Oversight Commission
CLOSED SESSION REPORT— The City Attorney will report on any action(s) from Closed Session.
RECONVENE — CityCouncilwill reconveneto continueregularCity business.
CITY COUNCIL REGULAR OPEN SESSION
CALL TO ORDER
MINUTES: MayorAmezcua reconvened the City CouncilMeeting to order at 6:11 P.M.
ATTENDANCE Councilmembers Phil Bacerra
Johnathan Ryan Hernandez
Jessie Lopez
David Penaloza
Benjamin Vazquez
Mayor Pro Tern Thai Viet Phan
Mayor Valerie Amezcua
City Manager Alvaro Nunez
City Attorney Sonia R. Carvalho
City Clerk Jennifer L. Hall
ROLL CALL
MINUTES: City Clerk Jennifer L. Nall conducted roll call.
Councilmembers Bacerra, Hernandez, Lopez, Penaloza ( arrived at 6: 54 P. M.), and Vazquez, Mayor Pro Tem Phan, and Mayor Amezcua were present.
PLEDGE OF ALLEGIANCE Susana Rios
WORDS OF INSPIRATION Pastor Matt Doan, Calvary Church Santa Ana
ADDITIONSWELETIONS TO THE AGENDA
MINUTES: City Clerk Jennifer L. Hall announced the removal of Agenda Item No. 18 from the agenda.
CITY COUNCIL 3 SEPTEMBER 17, 2024
SEPTEMBER 23, 2024
CEREMONIAL PRESENTATIONS
1. Proclamation presented by Mayor Amezcua to the Orange County Hunger Alliance declaring September2024as HungerAction Month
MINUTES: Mayor Amezcua presented a proclamation to the Orange County Hunger Alliance declaring September 2024 as Hunger Action Month.
2. Proclamation presented by Mayor Pro Tem Phan to Alzheimer's Orange County declaring September2024as World Alzheimer's Month MINUTES: Mayor Pro Tem Phan presented a proclamation to Alzheimer's Orange County declaring September 2024 as World Alzheimer's Month.
3. Proclamation presented by Councilmember Bacerra to BochasanwasiAkshar Purushottam Swaminarayan Sanstha ( BAPS) in Commemoration of their 50- year Anniversary
MINUTES: Councilmember Bacerra presented a proclamation to Bochasanwasi Akshar Purushottam Swaminarayan Sanstha ( BAPS) in commemoration of their 50- year Anniversay.
4. Proclamation presented by Councilmember Lopez to the Orange County Health Care Agency's Behavioral Health Team declaring September 2024 as National Recovery Month
MINUTES: CouncilmemberLopez presented a proclamation to the Orange County Health Care Agency's BehavioralHealth Team declaringSeptember 2024 as National Recovery Month.
5. Proclamation presented by Councilmember Vazquezto the Kiwanis, Lyons, Elks, and Rotary Clubs declaring September 2024 as Service Club Organizations Month
MINUTES: Councilmember Vazquezpresented a proclamation to Kiwanis, Lyons, Elks, and RotaryClubsdeclaringSeptember2024as ServiceClub Organizations Month.
CLOSED SESSION REPORT-- The CityAttorneywill reporton anyaction(s)from Closed Session.
MINUTES: CityAttorney Sonia Carvalhoreported that for ClosedSessionAgenda Item No. 1, the City Councilapprovedthe settlementpaymentof attorney's fees in the amount of $ 35, 042 ( VOTE: 4- 3. AYES: Mayor Pro Tem Phan and Councilmembers Hernandez, Lopez, and Vazquez. NOES: Mayor Amezcua and Councilmembers Bacerra and Penaloza.)
CITY COUNCIL 4 SEPTEMBER 17, 2024
SEPTEMBER 23, 2024
AGENDA ITEM NO. 8 WAS CONSIDERED OUT OF ORDER
8. Appoint Alejandra Rodriguez Nominated by Councilmember Penaloza as the Ward 6 Representative to the Historic Resources Commission for a Partial Term Expiring December 8, 2026
Department( s): City Clerk' s Office
Recommended Action: Appoint Alejandra Rodriguez to the Historic Resources Commission as the Ward 6 representative and administer the Oath of Office.
MOTION: Councilmember Hernandez moved to approve the recommended action for Item No. 8, seconded by Councilmember Penaloza.
The motion carried, 7-0, by the following roll call vote:
AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER
HERNANDEZ, COUNCILMEMBER LOPEZ,
COUNCILMEMBER PENALOZA, COUNCILMEMBER
VAZQUEZ, MAYOR PRO TEM PHAN, MAYOR AMEZCUA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Status: 7-- 0 -- Pass
MINUTES: City Clerk Jennifer L. Hall administered the Oath of Office to Historic Resources Commissioner Alejandra Rodriguez.
AGENDA ITEM NO. 22 WAS CONSDERED OUT OF ORDER
PUBLIC HEARINGS
PUBLIC COMMENTS.— Members of the public may address the City Council on each of the Public Hearing items.
MINUTES: At 6: 57 P. M., the Public Hearing was considered.
Mayor Pro Tem Phan recused herself from Agenda Item No. 22 as the listed entity, Callen' s Trust, is a client of her employer, Rutan and Tucker, and left the dais at 6: 58 P. M.
CITY COUNCIL 5 SEPTEMBER 17, 2024
SEPTEMBER 23, 2024
22. Public Hearing: Amendment Application ( Zone Change) No. 2023- 03, Development Agreement No. 2023-02, Vesting Tentative Tract Map No. 2023- 01, and Overrule of the Orange County Airport Land Use Commission' s Determination of Inconsistency for the Related Bristol Specific Plan Entitlements and Development Agreement ( 3600 S. Bristol Street) and Resolution Modifying Parking Districts in the Surrounding Area Legalnoticepublishedinthe OC RegisterandOC Reporteron September6, 2024 and notices mailed on same date.
Department( s): Planning and Building Agency
Recommended Action:
1. Adopt a resolution to ( 1) certifythe Final SupplementalEnvironmentalImpact Report ( SEIR) No. 2022- 01 ( SCH No. 2020029087), including adoption of environmental findings of fact pursuant to the California Environmental Quality Act, ( 2) adopt a Statement of Overriding Considerations, and ( 3) adopt the Mitigation Monitoring and Reporting Program;
RESOLUTION NO. 2024- XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ( 1) CERTIFYING THE FINAL
SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT FOR THE RELATED BRISTOL SPECIFIC PLAN PROJECT ( SCH NO. 2020029087), ( 2) ADOPTING
ENVIRONMENTAL FINDINGS OF FACT AND STATEMENT OF OVERRIDING
CONSIDERATION CONSIDERATIONS FOR THE PROJECT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND ( 3) ADOPTING
THE MITIGATION MONITORING AND REPORTING PROGRAM
2. Adopt a resolution overruling the Orange County Airport Land Use Commission' s determination that the Related Bristol Specific Plan is inconsistent with the Airport Environs Land Use Plan, including supportive findings; RESOLUTION NO. 2024- XXX entitled A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, OVERRULING THE
ORANGE COUNTY AIRPORT LAND USE COMMISSION' S DETERMINATION
THAT THE PROPOSED RELATED BRISTOL SPECIFIC PLAN IS
INCONSISTENT WITH THE AIRPORT ENVIRONS LAND USE PLAN FOR
JOHN WAYNE AIRPORT, INCLUDING SUPPORTIVE FINDINGS
3. Conduct a first reading and adopt an ordinance approving Amendment Application No. 2023- 03 to establish the Related Bristol Specific Plan No. 5 and to approve a zone change for the Property located at 3600 Bristol Street from General Commercial ( C2) and Commercial Residential ( CR) to Related Bristol Specific Plan ( SP No. 6);
CITY COUNCIL 6 SEPTEMBER 17, 2024
SEPTEMBER 23, 2024
ORDINANCE NO. NS- XXXX entitled AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 2023- 03 TO ESTABLISH THE RELATED BRISTOL SPECIFIC PLAN ( SP NO. 5) AND TO APPROVE A ZONE CHANGE FOR THE 41- ACRE SITE GENERALLY LOCATED AT 3600 BRISTOL STREET FROM GENERAL
COMMERCIAL ( C2) AND COMMERCIAL RESIDENTIAL ( CR) TO RELATED BRISTOL SPECIFIC PLAN ( SP NO. 5);
4. Conduct a first reading and adopt an ordinance approving Development Agreement No. 2023- 02;
ORDINANCE NO. NS- XXXX entitled AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA APPROVING DEVELOPMENT AGREEMENT NO, 2023- 02 FOR A MIXED- USE DEVELOPMENT, KNOWN AS THE RELATED BRISTOL SPECIFIC PLAN PROJECT, AT 3600 BRISTOL STREET
BETWEEN THE CITY OF SANTA ANA AND GREENVILLE RANCH LLC, BSG WEST BRISTOL LLC, AND MCG BRISTOL WEST LLC;
5. Adopt a resolution approving Vesting Tentative Tract Map No. 2023-01 (County Map No. 19272), as conditioned; and
RESOLUTION NO. 2024- XXX entitled A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA APPROVING VESTING TENTATIVE TRACT MAP NO. 2023- 01 ( COUNTY MAP NO. 19272), AS CONDITIONED,
FOR A MIXED- USE DEVELOPMENT, KNOWN AS THE RELATED BRISTOL SPECIFIC PLAN PROJECT, AT THE 41- ACRE SITE GENERALLY LOCATED AT 3600 BRISTOL STREET;
Concurrently and as a separate implementation action of the General Plan Update 2022), it is recommended that the City Council take the following action:
6. Adopt a Resolution Amending Resolution No. 91-088, Resolution No. 93-076, and Resolution No. 2000-062 modifying proceduresfor participating in the South Coast, the Sandpointe, and the South Metro Permit Parking Districts.
RESOLUTION NO. 2024- XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING RESOLUTION NO. 91- 088, RESOLUTION NO. 93- 076 AND RESOLUTION NO. 2000- 062
REGARDING PERMIT PARKING DISTRICT PETITIONS
MINUTES: Planningand Building ExecutiveDirectorMinh Thai gave a presentation regarding the Related Bristol Project
Mayor Amezcua opened the Public Hearing at 7.40 P.M.
CITY COUNCIL 7 SEPTEMBER 17, 2024
SEPTEMBER 23, 2024
The following speakers addressed the City Council in person:
1. Bill Witte, Steven Oh, and Alice Callens, Applicants, spoke regarding affordable developmentprojects, the project site, infrastructure, benefits to the community, and in support of the project.
CityClerkJenniferL. Hallreportedoutthesummaryof emailcommentsreceived. 406 for Agenda Item No. 22.
2. Lawna Munholland spoke in support of the project.
3. DougMangionespokeregardingIBEWand expressedconcernregardingthe lack of agreement with the LA and Orange County building trades.
4. Thomas Drennan spoke regarding Local 12 and requested the project be postponedand therebe an agreementwiththeLA and OrangeCountybuilding trades.
5. Brent Beasley spoke in opposition to the project.
6. Michael Wingen spoke in opposition to the project.
7. Randy Wetmurspoke in opposition to the project.
8. Roy Afusia spoke in opposition to the project.
9. Jeff Ball spoke in support of the project.
10. Giovanni Sabrano spoke in opposition to the project.
11.Joshua Lopez Acosta spoke in support of the project.
12. Michael Hixson spoke in support of the project.
13. Miguel Bautista spoke in support of the project.
14. Christa Sheehan spoke in support of the project.
15. Dave Elliott spoke in support of the project.
16.Dale Helvig spoke in support of the project.
17.Irma Jauregui spoke in support of the project.
18. Claire Charbonnet spoke in support of the project.
19 Nicole Suydam spoke in support of the protect.
CITY COUNCIL 8 SEPTEMBER 17, 2024
SEPTEMBER 23, 2024
20.Reuben Franco spoke in support of the project.
21.Alex Zamora spoke in support of the project.
22. Fernando Ochoa requested a continuation on the item.
23. Ed Nochez spoke in support of the project.
24.Larry Marshburn spoke in support of the project.
25. Leonard De La Rosa requested a continuation on the item.
26. Alex Gonzalez requested a continuation on the item.
27. Art Lopez requested a continuation on the item.
28. Matt Ward requested a continuation on the item.
29.Shuntele Andrews expressed concern regarding traffic mitigation efforts and requested an oversight commission.
30.John Melendes spoke regarding quality labor work and employing labor unions.
31. Jason Guralnick spoke in support of the project.
32. Victor Mendez spoke in support of the project.
MayorAmezcua recessed the meeting at 8:45 P.M.
Mayor Amezcua reconvened the meeting to order at 8:59 P.M.
33.Ana Laura Padilla spoke in support of the project.
34.Patrick Strader addressed labor concerns and spoke in support of the project.
35. Steven Oh spoke regarding the Related Bristol Project' s labor, financing, elements, and timeline.
There being no additional speakers, Mayor Amezcua closed the Public Hearing at 9: 09 P. M.
Councilmember Hernandez spoke regarding the project and expressed concern regarding the workforce development agreements, and requested the continuance of the item to the October 1 City Council meeting.
CITY COUNCIL. 9 SEPTEMBER 17, 2024
SEPTEMBER 23, 2024
Councilmember Penaloza spoke regarding the project, expressed concern regardingthe workforcedevelopmentagreements, andrequestedthe continuance of the item to the October 9 City Council meeting.
Councilmember Vazquez spoke regarding the project and expressed concern regarding the workforce development agreements.
Councilmember Lopez spoke regarding the project.
Councilmember Bacerra spoke regarding the project, expressed concern regarding the workforce development agreements, and requested the continuance of the item to the October 9 City Council meeting.
Councilmember Penaloza spoke regarding TOT tax, asked why there is only one hoteland why, and inquiredhowmanyunitswillbe availablefor sale.
Mayor Amezcua asked for clarification regarding traffic and noise mitigation efforts.
Councilmember Bacerra requested specificity in construction routes and type of grocery stores.
Councilmember Hernandez requested a union grocery store and an equitable plan for community benefits.
Mayor Amezcua requested the establishment of an oversight committee to discuss the spendingof the communitybenefitpaymentand clarificationregardingtraffic signals and construction routes.
Brief discussion ensued regarding the community benefitsplan, CWA requirements, and traffic signals and routes.
CityAttorneySoniaCarvalhobrieflyaddressedthe City's CWArequirements.
Councilmember Lopez requested the information and issues discussed and addressed by the Council and Ad Hoc Committee.
CITY COUNCIL 10 SEPTEMBER 17, 2024
SEPTEMBER 23, 2024
MOTION: Councilmember Hernandez moved to continue the Public Hearing Item No. 22 to the October 1, 2024 City Council meeting, seconded by Councilmember Penaloza.
The motion carried, 6-0- 1, by the following roll call vote:
AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER
HERNANDEZ, COUNCILMEMBER LOPEZ,
COUNCILMEMBER PENALOZA, COUNCILMEMBER
VAZQUEZ, MAYOR AMEZCUA
NOES: NONE
ABSTAIN: MAYOR PRO TEM PHAN ( recusal)
ABSENT: NONE
Status: 6- 0- 1 — Pass
AGENDA ITEM NO. 21 WAS CONSIDERED OUT OF ORDER
BUSINESS CALENDAR
MINUTES: At 9: 31 P.M., the Business Calendar was considered.
Mayor Pro Tem Phan returned to the dais at 9: 32 P. M.
21.Resolution of the City Council of the City of Santa Ana Demonstrating Its Support of Proposition 36
Department( s): City Manager' s Office
Recommended Action: Adopt a Resolution supporting Proposition 36, which appears on the November 5, 2024, ballot and proposes changes to current laws to allow increased penalties for certain theft and drug crimes, as well as measures for rehabilitation and treatment for drug- related offenses.
RESOLUTION NO. 2024- 050 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA IN SUPPORT OF PROPOSITION 36: THE
HOMELESSNESS, DRUG ADDICTION, AND THEFT REDUCTION ACT
INITIATIVE
MINUTES: City Clerk Jennifer L. Hall reported out the summary of email comments received. 49.
The following speakers addressed City Council inperson:
1. Tanya Navarro spoke in opposition to the item.
CITY COUNCIL 11 SEPTEMBER 17, 2024
SEPTEMBER 23, 2024
2. Sandra spoke in opposition to the item.
3. Bulmaro Vicente, Chispa, spoke in opposition to the item.
4. John Ramirez spoke in support of the item.
5. Victor Mendez spoke in support of the item.
6. Ana Laura Padilla spoke in support of the item.
7. Danny Vega spoke in support of the item.
The following speakers addressed City Council via teleconference:
8. Ed Little spoke in opposition to the item.
MayorAmezcua spokeregarding Propositions 47, 57, and 8109, detox programs, and spoke in support of the item.
Councilmember Hernandez spoke regarding gang violence and intervention and in opposition to the item.
Councilmember Vazquez spoke in opposition to the item.
CouncilmemberBacerra spoke regarding treatment and in support of the item.
Councilmember Penaloza spoke regarding ongoing drug issues in the community and in support of the item.
Councilmember Lopez spoke regarding Prop. 36 and asked for clarification regarding punishment for crimes related to the proposition.
Commander Andrade spoke regarding prosecutorial discretion.
Councilmember Bacerra addressed community concerns and statistics.
Mayor Pro TernPhan spoke regarding the different aspects of the proposition and in support of the item.
Councilmember Vazquez asked who the item was from.
CityManagerAlvaroNunezstatedit waspresentedat thedirectionof theMayor.
Brief discussion ensued regarding the mayor's provision to agendize items.
CITY COUNCIL 12 SEPTEMBER 17, 2024
SEPTEMBER 23, 2024
MOTION: Councilmember Lopez moved to continue discussion to a later date, seconded by Councilmember Hernandez.
Motion was withdrawn as Mayor Amezcua agreed to allow continued discussion.
Councilmember Lopez expressed concern regarding Prop 36.
Councilmember Penaloza spoke regarding agencies that have supported Prop. 36, MOTION: Councilmember Penaloza moved to approve the recommended action for Item No. 21, seconded by Mayor Amezcua.
The motion carried, 4-3, by the following roll call vote:
AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER
PENALOZA, MAYOR PRO TEM PHAN, MAYOR AMEZCUA
NOES: COUNCILMEMBER HERNANDEZ, COUNCILMEMBER
LOPEZ, COUNCILMEMBER VAZQUEZ
ABSTAIN: NONE
ABSENT: NONE
Status: 4-- 3 — Pass
END OF BUSINESS CALENDAR**
PUBLIC COMMENTS.— Public comments will be held during the beginning of the meeting for ALL comments on agenda and non- agenda items.
MINUTES: City Clerk Jennifer L. Hall reported out the summary of email comments received: nine ( 9) non- agenda comments, two ( 2) Item No. 10, one ( 1) Item No. 12, and one ( 1) Item No. 19.
The following speakers addressed City Council in-person:
1. Dale Helvig thanked the Parks, Recreation, and Community Services Agency for the installation of lighting at Santiago Park and requested the Council approve Agenda Item No. 15.
2. Mike Tardif expressed concern regarding the Transit Zoning Code related to SD 84,
3. Bob Adams spoke regarding Adams Iron and expressed concern regarding the Transit Zoning Code related to SD 84.
4. Sara Guerrero spoke in support of Agenda item No. 10.
CITY COUNCIL 13 SEPTEMBER 17, 2024
SEPTEMBER 23, 2024
CityAttorneySoniaCarvalhoannouncedthatpursuanttoResolutionNo. 2023-047all meetings are scheduled to terminate at 11:59 P.M. on the same day it began and at 11:00 P.M. the City Council shall determine which of the remaining agenda items can be considered and acted uponprior to 11:59 P.M. and will continue all other items.
Brief discussion ensued regarding the consideration of the remaining items on the agenda.
5. VictorMendez spoke in support of alcohol sales at the stadium, generating additional revenue, and long term solutions.
6. Eddie Miller spoke in support of the Art Walk and Agenda Item No. 10. 7, Ana Laura Padilla requested Council support Agenda Item No. 12, and thanked the Parks, Recreation, and Community Services Agency for bringing Fiestas back to Fourth Street.
Thefollowing speakers addressed City Council via teleconference:
8. Debra Russel spoke regarding the Art Walk.
9. MarkNedspokeregardingparkingissuesat SantaAna Triangleand FrenchCourt and gave suggestion for the city website.
10.Jessica Hernandez spoke regarding parking restrictions and gang activity.
MOTION: MayorAmezcua moved to continue the City Council meeting to Monday, September 23, 2024 at 5: 30 P. M., seconded by Councilmember Hernandez.
SUBSTITUTE MOTION: Councilmember Penaloza moved to address the consent calendar prior to 11:45 P.M. and continue the rest of the items to September23, 2024 at 5: 30 P. M., seconded by Mayor Pro Tem Phan.
The substitute motion carried, 4-3, by the following roll call vote:
AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER
PENALOZA, COUNCILMEMBER VAZQUEZ, MAYOR PRO
TEM PHAN
NOES: COUNCILMEMBER HERNANDEZ, COUNCILMEMBER
LOPEZ, MAYOR AMEZCUA
ABSTAIN: NONE
ABSENT: NONE
Status: 4-- 3— Pass
CITY COUNCIL 14 SEPTEMBER 17, 2024
SEPTEMBER 23, 2024
CONSENT CALENDAR
RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 6 through 20 and waive reading of all resolutions and ordinances.
MINUTES: At 11: 17 P. M., the Consent Calendar was considered.
Councilmember Hernandez requested to comment on Agenda Item Nos. 10 and 11 and pulled Agenda Item No. 12 for separate discussion and consideration.
Councilmember Bacerra pulled Agenda Item No. 10 for separate discussion and consideration.
Councilmember Vazquez requested to comment on Agenda Item Nos. 10 and 11.
Councilmember Lopez pulled Agenda Item Nos. 12 and 19 for separate discussion and consideration.
City Manager Alvaro Nunez requested Agenda Item No. 18 be heard at the September 23, 2024 meeting.
MOTION: Councilmember Hernandez moved to approve Consent Calendar Item Nos. 6 through 20 with the exception of Agenda Item Nos. 10, 12, 18 and 19 pulled for separate discussion and consideration on Monday, September 23, 2024 City Council meeting at 5: 30 P. M., and Agenda Item No. 8 already approved., seconded by Councilmember Bacerra.
The motion carried, 7-0, by the following roll call vote:
AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER
HERNANDEZ, COUNCILMEMBER LOPEZ,
COUNCILMEMBER PENALOZA, COUNCILMEMBER
VAZQUEZ, MAYOR PRO TEM PHAN, MAYOR AMEZCUA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Status: 7-- 0-- Pass
6. Excused Absences
Department( s): City Clerk' s Office
Recommended Action: Excuse the absent members.
CITY COUNCIL 15 SEPTEMBER 17, 2024
SEPTEMBER 23, 2024
7. Minutes from the Regular Meeting of August 20, 2024 Department( s): City Clerk's Office
Recommended Action: Approve minutes.
8. AGENDA ITEM NO. 8 CONSIDERED OUT OF ORDER AND HEARD PRIOR TO PUBLIC HEARING ITEM NO. 22
9. Appropriation Adjustment Recognizing $ 15, 803 in California State Library Funding ( General Fund)
Department( s): Library
Recommended Action: Approve an appropriation adjustment to recognize 15,803 in California State Library California Library Services Act funds in the LibraryMiscellaneousIncomerevenueaccountand appropriatethe sameintothe Library Tech and Support Services, Computer Software Subscriptions expenditure account, to apply toward Library e- resources. ( Requires five affirmative votes)
10. AGENDA ITEM NO. 10 WAS PULLED FOR SEPARATE DISCUSSION AND CONSIDERATION ON MONDAY, SEPTEMBER 23, 2024
11. Amendment to the Facilities Use Agreement with the Training and Research Foundation to Add the Logan Community Center as a Service Location to Provide Licensed Afterschool Programming Until the End of the 2024-2025 School Year
Department( s): Parks, Recreation, and Community Services Recommended Action: Authorize the City Manager to execute an amendment to the facilities use agreement with the Training Research Foundation (TRF) to add the LoganCommunityCenteras a servicelocationto providechildcareservicesto Santa Ana children and families, increasing the monthly fee by $600 for a monthly total fee of$ 2,600 for 10 months, from September 1, 2024 through June 30, 2025.
Agreement No. A- 2024- 141).
12. AGENDA ITEM NO. 12 WAS PULLED FOR SEPARATE DISCUSSION AND CONSIDERATION ON MONDAY, SEPTEMBER 23, 2024
13.Agreement with Valley Maintenance Corporation for Janitorial Services at Various City Locations ( RFP No. 24- 076) ( General Fund and Non- General Fund)
Department( s): Public Works Agency
CITY COUNCIL 16 SEPTEMBER 17, 2024
SEPTEMBER 23, 2024
Recommended Action: Authorize the City Manager to execute an agreement with Valley Maintenance Corporation for Janitorial Services at various locations in an amount not to exceed $ 6,503,284, for the term beginning November 1, 2024 and expiring October 31, 2027, with provisions for one, two-year extension ( Agreement No. A- 2024- 142).
14. Agreement with TSG Enterprises, Inc. DBA The Solis Group for Labor Compliance and Community Workforce Agreement Professional Administration Services ( Non- General Fund) ( RFP # 24- 084) Department( s): Public Works Agency
Recommended Action: Authorize the City Manager to execute an agreement with The Solis Group for Community Workforce Agreement professional administration services to provide professional services in overseeing and monitoring labor compliance requirements, for a three- year term beginning September 17, 2024 and expiring on September 16, 2027, with the provision for one, two- year extension, in an amount not to exceed $ 2, 000, 000 ( Agreement No. A- 2024- 143).
15. Construction Contract with Armstrong Cal Builders Inc. for the Santiago Park Main Street Entrance Project ( Project No. 20- 2731) ( Non- General Fund) Department( s): Public Works Agency
Recommended Action:
1. Approve an appropriation adjustment recognizing $ 2, 807, 000 in the Parks Capital Grants, State Grant- Direct revenue account and appropriate the same amount into the Parks Capital Grants, Improvements Other Than Buildings expense account. ( Requires five affirmative votes)
2. Approve an appropriation adjustment recognizing $ 400, 000 in the Residential Development District 2, Prior Year Carry Forward revenue account and appropriate the same amount into Residential Development District 2, Improvements Other Than Building expense account. ( Requires five affirmative votes)
3. Approve the Project Cost analysis for a total estimated construction delivery cost of $ 3, 207, 000, which includes $ 2, 763, 816, for the construction contract; 166, 802 for contract administration, inspection, and testing; and a $ 276, 382 project contingency for unanticipated or unforeseen work.
4. Approve an amendment to the Fiscal Year 2024- 25 Capital Improvement Program to include $ 3, 207, 000 in construction funds for the Santiago Park Main Street Entrance Project.
CITY COUNCIL 17 SEPTEMBER 17, 2024
SEPTEMBER 23, 2024
5. Award a construction contract to Armstrong Cal Builders Inc., the lowest responsible bidder, in accordance with the base bid in the amount of$ 2, 763, 816, subject to change orders, for construction of the Santiago Park Main Street Entrance Project ( No. 20- 2731) for a term beginning September 17, 2024 and endinguponprojectcompletion, and authorizethe CityManagerto executethe contract.
6. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER-2023- 130 was filed for Project No. 20-2731.
16. Construction Contract with Los Angeles Engineering, Inc. for the Bristol Street Improvements and Widening from Civic Center Drive to Washington Avenue Project ( Project No. 13- 6792) ( General and Non- General Fund) Department( s): Public Works Agency
Recommended Action:
1. Approve an appropriation adjustment recognizing $ 3,343, 934 of prior-year fund balance in the Select Street Construction, Prior Year Carry Forward revenue account, and appropriate the same amount to the Select Street Construction, Improvements Other Than Building expense account. ( Requires five affirmative votes)
2. Approve an appropriation adjustment recognizing $ 1,200, 000 of prior-year fund balance in the New Transportation System Improvement Area F, Prior Year CarryForwardrevenueaccount, andappropriatethe sameamountto the New Transportation System Improvement Area F, Improvements Other Than Building expense account. ( Requires five affirmative votes)
3. Approve an appropriation adjustment recognizing $ 656, 000 of grant funds in the Select Street Construction, Federal Grant- Indirect revenue account and appropriate the same amount to the Select Street Construction, Improvements Other Than Building expense account. ( Requires five affirmative votes)
4. Approve an amendment to the Fiscal Year 2024- 25 Capital Improvement Program to include $ 5, 199, 934 in construction funds for the Bristol Street Improvements and Widening from Civic Center Drive to Washington Avenue Project ( No. 13- 6792).
5. Approve the Project Cost Analysis for a total estimated construction delivery cost of $ 13, 224, 187, which includes $ 10, 579, 350 for the construction contract; 1, 586, 902 for contract administration, inspection, and testing; and a 1,057,935 project contingency for unanticipated or unforeseen work.
CITY COUNCIL 18 SEPTEMBER 17, 2024
SEPTEMBER 23, 2024
6. Award a construction contract to Los Angeles Engineering, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of 10,579,350 for construction of the Bristol Street Improvements and Widening from Civic Center Drive to Washington Avenue Project, for a term beginning September 17, 2024 and ending upon project completion, and authorize the City Manager to execute the contract.
7. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review. EIR Number No. 89- 01 was filed for the Bristol Street Improvements and Widening from Civic Center Drive to Washington Avenue project.
17. Award a Construction Contract to PCN3, Inc. for the Newhope Library Modernization and Delhi Library Branch Improvements Project and an Agreement to Shade Structures, Inc. dba USA Shade & Fabric Structures for a shade structure at Newhope Library ( Project Nos. 22- 1802, 23- 7540 & 22- 1382) ( General and Non- General Fund) ( Revive Santa Ana) Department( s): Public Works Agency; Library Services
Recommended Action:
1. Approve the ProjectCost Analysis for a total estimated constructiondelivery cost of$ 9, 132, 303, which includes $ 8, 215, 533 for the construction contract, $ 95, 217 for contract administration, and a$ 821, 533 project contingency for unanticipated or unforeseen work.
2. Approve an amendment to the Fiscal Year 2024- 25 Capital Improvement Program to include $ 9, 132, 303 for the Newhope Library Modernization and Delhi Library Improvements.
3. Award a construction contract to PCN3, Inc., the lowest responsible bidder, in accordance with the base bid and alternate bid in the amount of $ 8, 215, 533 for construction of the Newhope Library Modernization and Delhi Center Library Branch Project, for a term beginning September 17, 2024 and ending upon project completion, and authorize the City Manager to execute the contract.
4. Approve an agreement with Shade Structures, Inc. dba USA Shade & Fabric Structures for the design and build of a 20-foot by 30-foot cantilever shade structure at the Newhope Library for a total not to exceed of$ 68,341, for a term beginning September 17, 2024 and expiring December 31, 2025 with provision for a one- year extension, and authorize the City Manager to execute the agreement ( Agreement No. A- 2024- 144).
5. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER- 2024- 43 was filed for Project 22- 1802.
CITY COUNCIL_ 19 SEPTEMBER 17, 2024
SEPTEMBER 23, 2024
18. AGENDA ITEM NO, 18 WAS PULLED FOR SEPARATE DISCUSSION AND CONSIDERATION ON MONDAY, SEPTEMBER 23, 2024
19. AGENDA ITEM NO. 19 WAS PULLED FOR SEPARATE DISCUSSION AND CONSIDERATION ON MONDAY, SEPTEMBER 23, 2024
20. Second Reading of Ordinance Amending Article VI ( Stadium), Sec. 2- 743 Liquor) of the Santa Ana Municipal Code to Allow for the Sale and Consumption of Beer, Wine, and Distilled Spirits at Eddie West Field- Santa Ana Stadium
First reading August 20, 2024City Council meeting and approved by a vote of 6- 0- 1) ( Councilmember Lopez absent). Published in the OC Reporter on August 21, 2024.
Department( s): Parks, Recreation, and Community Services Recommended Action:
1. Approve the second reading of an ordinance amending Article VI ( Stadium), Section 2-743 ( Liquor) of the Santa Ana Municipal Code ( SAMC) to allow for the sale and consumption of beer, wine, and distilled spirits at Eddie West Field- Santa Ana Stadium with the expressed written consent of the City Manager or designee.
ORDINANCE NO. NS-3069 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 2 OF THE SANTA ANA
MUNICIPAL CODE ( ADMINISTRATION), ARTICLE VI ( STADIUM), SECTION 2- 743— LIQUOR
2. Determine that, in accordance with the California Environmental Quality Act CEQA) and the CEQA Guidelines, the project is categorically exempt from further review per Section 15301 ( Class 1 -- Existing Facilities).
MINUTES: Mayor Amezcua adjourned the City Council Meeting at 11:22 P.M. to Monday, September 23, 2024 at 5:30 P.M.
ADJOURNED REGULAR CITY COUNCIL MEETING
CALL TO ORDER
MINUTES: Mayor Amezcua reconvened the Adjourned Regular City Council Meeting of September 17, 2024 to order at 5:39 P.M. on Monday, September 23, 2024.
CITY COUNCIL 20 SEPTEMBER 17, 2024
SEPTEMBER 23, 2024
ATTENDANCE Councilmembers Phil Bacerra
Johnathan Ryan Hernandez
Jessie Lopez
David Penaloza
Benjamin Vazquez
Mayor Pro Tern Thai Viet Phan
Mayor Valerie Amezcua
City Manager Alvaro Nunez
City Attorney Sonia R. Carvalho
City Clerk Jennifer L. Hall
ROLL CALL
MINUTES: City Clerk Jennifer L. Hall conducted roll call.
Councilmembers Bacerra, Hernandez, Lopez, Penaloza, and Vazquez, Mayor Pro Tem Phan, and Mayor Amezcua were present.
PLEDGE OF ALLEGIANCE Councilmember Penaloza
CONSENT CALENDAR
10. Donation Agreement with The Frida Cinema to Sponsor the DTSA First Saturday ArtWalk ( General Fund)
Department( s): Community Development Agency
Recommended Action: Authorize the City Manager to execute a Donation Agreement with The Frida Cinema to sponsor the Downtown Santa Ana ( DTSA) First Saturday ArtWalk for a one- year term beginning October 1, 2024 and ending September 31, 2025, in an amount not to exceed $ 150, 000 ( Agreement No. A- 2024- 145).
MINUTES: Community Development Director Mike Garcia gave a brief report regarding the ArtWalk.
Councilmember Hernandez spoke in support of the item.
Brief discussion ensued regarding the placement of the item on the Agenda and funding of the project.
Councilmember Bacerra spoke in support of the ArtWalk, expressed concern regarding budgeting related to the event, and requested a more sustainable idea to keep the event ongoing.
CITY COUNCIL 21 SEPTEMBER 17, 2024
SEPTEMBER 23, 2024
City Manager Alvaro Nunez spoke regarding evaluation of future funding for events.
Councilmember Vazquez spoke regarding the ArtWalk and in support of the item.
Councilmember Lopez spoke in support of the item.
Mayor Pro Tem Phan spoke in support of the item and requested a more sustainable idea moving forward.
Mayor Amezcua spoke regarding shared funding with the schools and in support of the item.
MOTION: Councilmember Hernandez moved to approve the recommended action for Item No. 10, seconded by Councilmember Bacerra.
The motion carried, 7-0, by the following roll call vote:
AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER
HERNANDEZ, COUNCILMEMBER LOPEZ,
COUNCILMEMBER PENALOZA, COUNCILMEMBER
VAZQUEZ, MAYOR PRO TEM PHAN, MAYOR AMEZCUA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Status: 7— 0 — Pass
11. Amendment to the Facilities Use Agreement with the Training and Research Foundation to Add the Logan Community Center as a Service Location to Provide Licensed Afterschoo! Programming Until the End of the 2024- 2025 School Year
Department( s): Parks, Recreation, and Community Services Recommended Action: Authorize the City Manager to execute an amendment to the facilities use agreement with the Training Research Foundation (TRF) to add the Logan Community Center as a service location to provide childcare services to Santa Ana children and families, increasing the monthly fee by $ 600 for a monthly total fee of $ 2, 600 for 10 months, from September 1, 2024 through June 30, 2025.
Agreement No. A- 2024- 141).
MINUTES: Councilmember Vazquez spoke regarding supporting families and in support of the item.
Councilmember Hernandez thanked staff for the agreement, spoke regarding the history of the agreement, and in support of the item.
CITY COUNCIL 22 SEPTEMBER 17, 2024
SEPTEMBER 23, 2024
12. Agreement with Power of One Foundation ( POOP), for a co- presented Fiestas Del Mariachi Event and Related Services; and, Award Sunbelt Rentals Inc.
Purchase Order Contract for Event Floor Cover( General Fund) Department( s): Parks, Recreation, and Community Services Recommended Action:
1. Authorize the City Manager to execute an agreement with Power of One Foundation to co-present a Fiestas Del Mariachi event at Santa Ana Stadium, for an amount not to exceed 80% of revenue earned after expenditure recovery for a term beginning September 18, 2024 and ending October 31, 2024 Agreement No. A- 2024- 146).
2. Award a Purchase Order Contract to Sunbelt Rentals Inc. for the rental of an event floor cover for Santa Ana Stadium in an amount not to exceed $ 118, 548.
3. Approve an appropriation adjustment in the amount of $ 118, 548 from the spendable General Fund balance to the PRCSA, Recreation and Community Services, Contractual- Professional Services expenditure account ( 01113230- 62300). ( Requires five affirmative votes)
MINUTES: Councilmember Lopez expressed excitement for the event, clarified the event was not a budgeted event, and expressed concern regarding the allocated costs to the City of Santa Ana.
City Manager Alvaro Nunez spoke regarding the fiscal impact related to the proof of concept.
Parks, Recreation, and Community Services Director Hawk Scott spoke regarding the proof of concept and risk to the City.
Councilmember Lopez requested additional language " all indirect costs be recuperated by the City" be placed in the agreement.
Councilmember Hernandez spoke regarding the Power of One Foundation and costs of the event, and expressed concern regarding associated risk and being a political event.
MOTION: Councilmember Hernandez moved to not move forward with the agreement.
Motion died due to lack of second.
CITY COUNCIL 23 SEPTEMBER 17, 2024
SEPTEMBER 23, 2024
Councilmember Bacerra expressed concern regarding loss of events because of ambiguities, and asked for clarification regarding the ambiguity of associated costs, costsofpolicing, flooringcosts, andinformationonrequiredformsto complete, and associated political affiliations.
Director Scott spoke regarding the concept of the restrooms and spoke regarding restroom costs, flooring costs, and information on forms.
ActingPoliceChiefRobertRodriguezspokeregardingpreliminaryestimatedcosts and the associated formula related to the Police Department.
CityManagerAlvaroNunezspokeregardinganalyzingcosts, associatedrisks, and the economic development component.
Mayor Pro Tem Phan expressed excitement regarding the event and the possibility of future events at the stadium, and spoke regarding investments and risks, and in support of the item.
Councilmember Penaloza spoke regarding incorporating SantaAna UnifiedSchool District students and economic drives, expressed excitement for the event, and spoke in support of the item.
Councilmember Bacerra spoke regarding the success of proof of concept.
Councilmember Vazquez expressed concern regarding the associated costs, and requested an RFP and feasibility of the organizer.
Mayor Pro Tern Phan spoke regarding POOF's special event application, and partnership and financial benefit to the City.
Councilmember Lopez expressed excitement for the event, expressed concern regardingflexibilityofpermitsand waiversrelatedto certainevents, andrequested addingadditionallanguagethat the City wouldrecuperateall indirectcosts and notifying Washington Square of events.
CityManagerNunezspokeregardingevaluationof costs related to events, and stated staff notified surrounding city neighborhoods.
Mayor Amezcua spoke in support of the item, asked for clarification regarding the itineraryof the event, spoke regardingthe possibilityof partnershipsand future events, stated neighborhoods are always notified of events at the stadium, and expressed excitement for the event, generating revenue, and putting the City of Santa Ana on the map.
Director Scott spoke regarding the itinerary of the event.
CITY COUNCIL. 24 SEPTEMBER 17, 2024
SEPTEMBER 23, 2024
City Manager Nunez spoke regarding future possibilities of events and seating.
Councilmember Hernandez spoke regarding fiscal responsibility and recovery costs, and requested an amendment to the motion to report the monies earned from the event at a future meeting.
City Manager Nunez confirmed earnings willbe reported at the meeting in January.
MOTION: Councilmember Bacerra moved to approve the recommended action for Item No. 12, as amended to receive and file the audit at the January 2025 City Council meeting, seconded by Councilmember Penaloza.
SUBSTITUTE MOTION: Councilmember Lopez moved to approve the recommended action for Item No. 12, as amended to receive and file the audit at the January 2025 City Council meeting, and to state that the City will recover all indirect costs and fees, seconded by Councilmember Hernandez.
The substitute motion failed, 3-4, by the following roll call vote:
AYES: COUNCILMEMBER HERNANDEZ, COUNCILMEMBER
LOPEZ, COUNCILMEMBER VAZQUEZ
NOES: COUNCILMEMBER BACERRA, COUNCILMEMBER
PENALOZA, MAYOR PRO TEM PHAN, MAYOR AMEZCUA
ABSTAIN: NONE
ABSENT: NONE
Status: 3— 4— Fail
The original motion carried, 7-0, by the following roll call vote:
AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER
HERNANDEZ, COUNCILMEMBER LOPEZ,
COUNCILMEMBER PENALOZA, COUNCILMEMBER
VAZQUEZ, MAYOR PRO TEM PHAN, MAYOR AMEZCUA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Status: 7-- 0 -- Pass
CITY COUNCIL 25 SEPTEMBER 17, 2024
SEPTEMBER 23, 2024
18,Construction Contract with Vido Samarzich, Inc. for the Standard Avenue and McFadden Avenue Bikeways Projects ( No. 19- 6923, 20- 6962, 20- 6965, 23- 6705, 23- 6706, & 23- 6707) ( General Fund) ( Non- General Fund) Department( s): Public Works Agency
Recommended Action:
1. Approve an appropriation adjustment recognizing $ 2,000, 000 in prior-year fund balance in the Residential Street Improvement, Prior Year Carry Forward revenue account and appropriate the same amount into the Residential Street, Improvements Other Than Buildings, expenditure account. ( Requires five affirmative votes)
2. Approve an appropriation adjustment recognizing $ 2,700, 000 in prior-year fund balance in the Transportation System Improvement Authorization Area B revenue account and appropriate the same amount into the Transportation System Improvement Authorization Area B Tustin, Improvements Other Than Buildings expenditure account. ( Requires five affirmative votes)
3. Approve an amendment to the Fiscal Year 2024- 25 Capital Improvement Program to include an additional $ 5, 900, 000 in construction funds for the Standard Avenue and McFadden Avenue Bikeways Project ( No. 19-6923, 20- 6962, 20- 6965, 23- 6705, 23- 6706, & 23- 6707).
4. Approve the Project Cost Analysis for a total estimated construction delivery cost of$ 23, 550, 000, which includes $ 19, 170, 060 for the construction contract; $ 2, 462, 934 for contract administration, inspection, and testing; and a $ 1,917,006 projectcontingencyfor unanticipatedor unforeseenwork due to the complexity and extensive scope of this project.
5. Award a construction contract to Vido Samarzich, Inc., the lowest responsible bidder, in accordance with the base bid and bid alternates in the amount of$ 19,170,060, for construction of the Standard Avenue and McFaddenAvenue Bikeways Project ( No. 19- 6923, 20- 6962, 20- 6965, 23- 6705, 23- 6706, & 23- 6707), for a term beginning September 17, 2024 and ending upon project completion, and authorize the City Manager to execute the contract.
6. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review pursuant to Article 19, Categorical Exemptions Sections 15301( c) and 15304( h). Categorical Exemption Environmental Review Nos. ER-2020-33 and ER-2020-97 were filed for Projects Nos. 20- 6965 and 20- 6962.
MINUTES: Public Works Director Nabil Saba gave a presentation regarding the Standard and McFadden Protected Bike Lanes.
CITY COUNCIL 26 SEPTEMBER 17, 2024
SEPTEMBER 23, 2024
Councilmember Penaloza expressed concern regarding the September 30 deadline, and asked for clarification regarding how issues of vagrancy, parking spaces and enforcement, and construction deadlines are being addressed.
Director Saba spoke regarding grant funding and deadlines, parking enforcement and spaces, stated First Street will be completed in two months, and spoke regarding the Warner construction.
City Manager Alvaro Nunez spoke regarding mitigating issues and quality of life.
Discussion ensued regarding the Warner construction, meeting project deadline completion dates, ongoing multiple project construction, road closures, and traffic.
City Engineer Rudy Rosas answered Council' s questions and provided clarification.
Councilmember Bacerra requested ample notification regarding road and lane closures and reductions.
Councilmember Penaloza asked whether street lighting would be included on the McFadden Street bridge.
Director Saba confirmed that lighting would be included.
MOTION: Councilmember Penaloza moved to approve the recommended action for Item No. 18, as amended to include lighting at the McFadden Street bridge, seconded by Councilmember Bacerra.
The motion carried, 7-0, by the following roll call vote:
AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER
HERNANDEZ, COUNCILMEMBER LOPEZ,
COUNCILMEMBER PENALOZA, COUNCILMEMBER
VAZQUEZ, MAYOR PRO TEM PHAN, MAYOR AMEZCUA
NOES: NONE
ABSTAIN. NONE
ABSENT: NONE
Status: 7— 0 — Pass
19. Resolution Declaring City- Owned Properties as Exempt Surplus Land and Directing the City Manager or their Designee to Comply with the Requirement of Government Code § 54220 et seq. for the Sale and Activation of Surplus Land
Department( s): Public Works Agency
CITY COUNCIL 27 SEPTEMBER 17, 2024
SEPTEMBER 23, 2024
Recommended Action:
1. Adopt a resolution declaring City- owned property as exempt surplus land and directing the City Manager or designee to comply with the requirements of Government Code § 54220 et seq. for the sale and transfer of ownership.
RESOLUTION NO. 2024- 051 entitled A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA DECLARING VARIOUS
PROPERTIES AS EXEMPT SURPLUS LAND AND DIRECTING THE CITY
MANAGER TO FOLLOW THE PROCEDURES SET FORTH IN THE SURPLUS LAND ACT, CALIFORNIA GOVERNMENT CODE SECTION 54220, ET SEQ.,
AS AMENDED, FOR THEIR DISPOSITION
2. Determine that, pursuant to the California Environmental Quality Act (" CEQA"), the sales of the properties as surplus are exempt from environmental review pursuant to CEQA Guidelines section 15312 ( Surplus Government Property Sales).
MINUTES: Councilmember Lopez asked for clarification regarding the selected 26 parcels, suggested a case by case basis of approval, and whether the surplus land is generating any money.
City Engineer Rudy Rosas spoke regarding the selected parcels and lots, and stated this would off load slivers of land for liability purposes.
Councilmember Bacerra spoke in support of the item.
MOTION: Councilmember Bacerra moved to approve the recommended action for Item No. 19, seconded by Mayor Amezcua.
The motion carried, 6-1, by the following roll call vote:
AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER
HERNANDEZ, COUNCILMEMBER PENALOZA,
COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM PHAN,
MAYOR AMEZCUA
NOES: COUNCILMEMBER LOPEZ
ABSTAIN: NONE
ABSENT: NONE
Status: 6— 1 — Pass
END OF CONSENT CALENDAR"
CITY COUNCIL 28 SEPTEMBER 17, 2024
SEPTEMBER 23, 2024
PUBLIC HEARINGS
PUBLIC COMMENTS.— Membersof the publicmay addressthe City Councilon each of the Public Hearing items.
MINUTES: At 7.39 P.M., the Public Hearing was considered.
23. Public Hearing: Consolidated Annual Performance and Evaluation Report for Fiscal Year 2023- 24
Legal notice published in the Orange County Register on August 14, 2024 and in La Opinion and Nguoi Viet on August 19, 2024.
Department( s): Community Development Agency
Recommended Action: Authorize submission of the Consolidated Annual Performance and Evaluation Report to the U.S. Department of Housing and Urban Development.
MINUTES: MayorAmezcua opened the Public Hearing at 7:40 P.M.
City Clerk Jennifer L. Hall stated there were no speakers or email comments received.
There being no speakers, Mayor Amezcua closed the Public Hearing at 7.41 P.M.
MOTION: Councilmember Hernandez moved to approve the recommended action for Item No. 23, seconded by Councilmember Penaloza.
The motion carried, 7-0, by the following roll call vote:
AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER
HERNANDEZ, COUNCILMEMBER LOPEZ,
COUNCILMEMBER PENALOZA, COUNCILMEMBER
VAZQUEZ, MAYOR PRO TEM PHAN, MAYOR AMEZCUA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Status: 7- 0 — Pass
MINUTES: Mayor Amezcua convened the Special SuccessorAgency meeting to order in Joint Session with the City Council at 7:42 P.M.
CITY COUNCIL 29 SEPTEMBER 17, 2024
SEPTEMBER 23, 2024
24. Joint Public Hearing: Adopt Resolution and Approve Purchase and Sale Agreement for Acquisition of Real Property at the Southwest Corner of Main Street and Third Street ( APN 398-601.02) for Parking Lot ( General Fund and Non- General Fund)
Legalnoticepublishedinthe OC Reporteron August30 and September9, 2024.
Department( s): Community Development Agency
Recommended Action:
CITY COUNCIL ACTION
1. Adopt a resolution making certain findings with respect to the consideration to be receivedby the SuccessorAgencypursuantto a Purchaseand Sale Agreement between the Successor Agency and the City for the sale of the Southwest Corner of Main Street and Third Street ( APN 398- 601- 02), and authorize the City Manager to execute all required documents as necessary.
RESOLUTION NO. 2024- 052 entitled A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA APPROVING THE PURCHASE AND
SALE AGREEMENT FOR THE ACQUISITION OF PROPERTY FROM THE
SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF
THE CITY OF SANTA ANA LOCATED AT 3RD STREET AND MAIN STREET
PARKING LOT
2. Authorizethe City Managerto executethe Purchaseand SaleAgreementand all required documents for the acquisition of real property located at the Southwest Corner of Main Street and Third Street ( APN 398- 601- 02) in the amount of $ 190,000 plus closing costs (Agreement No. A-2024-147).
SUCCESSOR AGENCY ACTION
1. Adopt a resolution declaring a Successor Agency owned property as exempt Surplus Land for the purpose of a Purchase and Sale agreement with the City of Santa Ana.
RESOLUTION NO. 2024- 002 entitled A RESOLUTION OF THE SUCCESOR
AGENCY TO THE FORMER COMMUNITY REDEVELOPMENT AGENCY OF
THE CITY OF SANTA ANA DECLARING 3RD STREET AND MAIN STREET
PARKING LOT AS EXEMPT SURPLUS AND LAND PURSUANT TO THE
EXEMPT SURPLUS LAND ACT AND AUTHORIZING, PURSUANT TO AN
EXEMPTION FROM CEQA, THE SALE OF THE PARKING LOT PROPERTY TO THE CITY ( includes determination that the sale of the property is exempt from the California Environmental Quality Act ( CEQA) pursuant to CEQA Guidelines Section 15061( b)(3) and Section 15301}
CITY COUNCIL 30 SEPTEMBER 17, 2024
SEPTEMBER 23, 2024
2. Adopt a resolution making certain findings with respect to the consideration to be received by the Successor Agency pursuant to a Purchase and Sale Agreement between the Successor Agency and the City for the sale of the Southwest Corner of Main Street and Third Street ( APN 398- 601- 02), and authorize the Executive Director to execute all required documents as necessary.
RESOLUTION NO. 2024- 003 entitled A RESOLUTION OF THE SUCCESSOR
AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF
SANTA ANA APPROVING THE PURCHASE AND SALE AGREEMENT FOR
THE DISPOSITION OF PROPERTY TO THE CITY OF SANTA ANA LOCATED AT 3RD STREET AND MAIN STREET PARKING LOT
3. Authorize the Executive Director to execute the Purchase and Sale Agreement and all required documents for the acquisition of real property located at the Southwest Corner of Main Street and Third Street ( APN 398- 601- 02) in the amount of$ 190,000 plus closing costs ( Agreement No. A- 2024- 147).
MINUTES: AssistantCityManagerStevenMendozagavea briefreportregardingthe Purchase and Sale Agreement for Acquisition of Real Property at the Southwest Corner of Main Street and Third Street.
MayorAmezcua opened the Public Hearing at 7:43 P.M.
City Clerk Jennifer L. Hall stated there were no email comments received.
The following speakers addressed the City Council in-person:
1. Jackie Cordova spoke regarding value of land and increased rents.
There being no additional speakers, Mayor Amezcua closed the Public Hearing at 7: 46 P. M.
MOTION: Councilmember Hernandez moved to approve the recommended City Council action for Item No. 24, seconded by Councilmember Penaloza.
The motion carried, 7-0, by the following roll call vote:
AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER
HERNANDEZ, COUNCILMEMBER LOPEZ,
COUNCILMEMBER PENALOZA, COUNCILMEMBER
VAZQUEZ, MAYOR PRO TEM PHAN, MAYOR AMEZCUA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Status: 7- 0 -- Pass
CITY COUNCIL 31 SEPTEMBER 17, 2024
SEPTEMBER 23, 2024
MOTION: AgencyMemberHernandezmovedto approvethe recommended Successor Agency action for Item No. 24, seconded by Agency Member Penaloza.
The motion carried, 7-0, by the following roll call vote:
AYES: AGENCY MEMBER BACERRA, AGENCY MEMBER
HERNANDEZ, AGENCY MEMBER LOPEZ, AGENCY
MEMBER PENALOZA, AGENCY MEMBER VAZQUEZ, VICE
CHAIR, CHAIR AMEZCUA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Status: 7- 0 — Pass
MINUTES: Mayor Amezcua adjourned the Special Successor Agency meeting at 7:48 P. M,
END OF PUBLIC HEARINGS**
COUNCILMEMBER REQUESTED ITEMS
25.Discuss Consider Directing the City Manager, City Attorney, and City Clerk to Rescind the " Guidelines for filming, photography and recording of City of Santa Ana public meetings" Media Policy — Councilmembers Vazquez and Lopez
MINUTES: Councilmember Vazquez gave a report regarding the media policy.
Councilmember Hernandez spoke in support of rescinding the policy.
Mayor Pro Tern Phan discussedpros and cons regarding the mediapolicy and providedrecommendationsforrevisionsto thepolicy.
Councilmember Penaloza spoke in support of Mayor Pro Tem Phan's comments and recommendations.
Mayor Amezcua spoke in support of Mayor Pro Tern Phan' s comments.
Councilmember Bacerra spoke in support of revising the policy.
Councilmember Lopez expressed support for options, provided that the revisions aligned with the Brown Act and offered flexibility for the press, CouncilmemberVazquezspokeregardingtheBrownAct and thankedcolleaguesfor the discussion.
CITY COUNCIL 32 SEPTEMBER 17, 2024
SEPTEMBER 23, 2024
City Attorney Sonia Carvalho clarified that the current policy is compliant with the law and expressed willingness to collaborate on recommendations.
Mayor Pro Tem Phan requested timeline clarification.
Mayor Amezcua proposed 30 days for a revised policy.
Mayor Pro Tem Phan requested interim flexiblejudgement while policy revisions are pending,
City Manager Alvaro Nunez confirmed 30 days was sufficient time fora revised policy.
CITY MANAGER COMMENTS
MINUTES: None.
COUNCILCOMMENTS
AB1234 DISCLOSURE — If the City paid for travel or other expenses this is the time for membersof the Councilto providea brieforal reporton attendanceof any regionalboard or commission meeting or any conference, meeting or event attended.
MINUTES: Councilmember Hernandez thanked members of the public for attending meetings, thanked City staff for Fiestas Patrias and announced the record-breaking attendance of 80,000 residents, thanked the community and staff for the Little Saigon Festival, and concluded comments in memory of Don Cribb.
Councilmember Vazquez echoed previous comments regarding Fiestas Patrias and the parade, spoke about his attendance at the Little Saigon Festival at Rosita Park, and spoke about recent school lock downs and thanked the Police Department and City Manager for the procedures in place.
Councilmember Lopez stated her October office hours and location would be announced on her news eblast, thanked staff for completing the lightproject at Santiago Park, invited the public to the second annual International Older Adult Celebration at Jerome Park on Friday September 27th.
Councilmember Bacerra echoed previous Fiestas Patrias comments, thanked the City Manager' s office for the fencing along the Flower Street bike trail, discussed the freeway crash involving OCFA crew members returning from the Airport Fire and called for support through donations to fallenfirefightersrelieffund. org, and concluded comments in memory of Don Cribb.
Mayor Pro TemPhan thanked staff for their efforts in organizing City events, particularly highlighting the success of Fiestas Patrias, and wished her husband happy a 90year dating anniversary and a happy birthday.
CITY COUNCIL 33 SEPTEMBER 17, 2024
SEPTEMBER 23, 2024
Mayor Amezcua reported Council gave a Key to the City to Sahuayo on September 14rh, spoke about Fiesta Patrias, and expressed gratitude to the staff for their success, as well as the Police Department for the officers in attendance, shared her participation regardingtheneedleexchange, announcedCoffeewiththeMayoron September28 from 10 A. M. to 12 P.M. at the Santa Ana Senior Center, stated a Prop 36 education forum on October 14, reported on the recent homicide in Ward 2, thanked staff for bus stopsbeing cleanedand sanitizedsix (6) daysa week, and thankedCouncilmember Vazquezfor gettinginvolvedwith the PoliceDepartmenton activeshootersafetyfor SA USD.
ADJOURNMENT— Adjourn the City Council meeting.
MINUTES: MayorAmezcua adjourned the City CouncilMeetingin memory of Don Cribb at 8: 21 P. M.
Respectfully submitted:
ennifer Hal , CMC
City Cie
CITY COUNCIL 34 SEPTEMBER 17, 2024
SEPTEMBER 23, 2024