Minutes of the Regular Meeting
of the City Council
City of Santa Ana,
California
October 15, 2024
CLOSED SESSION MEETING - 4: 00 P. M.
REGULAR OPEN MEETING - 5: 30 P. M.
Immediately following the Closed Session Meeting)
CITY COUNCIL CHAMBER
22 Civic Center Plaza Santa Ana, CA 92701
CLOSED SESSION
CALL TO ORDER
MINUTES: MayorAmezcua called the Closed Session meeting to order at 4:10P.M.
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
RM 1 CA1 1
MINUTES: City Clerk Jennifer L. Hall conducted roll call.
Councilmembers Bacerra, Lopez, Penaloza and Vazquez, Mayor Pro Tem Phan, and Mayor Amezcua were present. Councilmember Hernandez arrived during Closed Session..
CITY COUNCIL 1 OCTOBER 15, 2024
ADDITIONSIDELETIONS TO CLOSED SESSION
MINUTES: None.
PUBLIC COMMENTS-- Membersofthepublicmayaddressthe CityCouncilonClosed Session items.
MINUTES: CityClerkJenniferL. Hallstatedonecommentwasreceivedregarding Closed Session Agenda Item No. 3.
RECESS — CityCouncilwillrecessto ClosedSessionfor the purposeof conducting regular City business.
MINUTES: MayorAmezcuarecessedtoconsidertheClosedSessionitemsat 4:12P.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 — SIGNIFICANT EXPOSURE TO LITIGATIONpursuantto Section54956.9(d)(2) or (3) of theGovernmentCode:
Two ( 2) matters.
1. Government Tort Claim: Jacob Smith
2. Government Tort Claim: Pierce Peiffer
2. CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Government Code Section 54958. 8:
Agency Negotiator: Michael Garcia, Executive Director Community Development Agency
Negotiating Parties: CEO Ronnie Sandoval, Civic Center Barrio Housing Corporation
Under Negotiation: Price and terms related to the possible dispositionfacquisition of real property interest.
Address of Properties:
1. 600 West Third Street — Units A- 110, A- 115, A- 120, A-215, A-307, B- 107, 13- 112, B- 205, B- 303, C- 305
2. 601 West Third Street — Units F- 102, F- 205
3. 621 West Third Street — Unit D- 104
4. 700 West Third Street — Units A- 110, A- 113, A-204, A- 304, A- 305, A-322, 13- 102, B-108, B-204, B-217, C-102, C-103, C-105
5. 701 West Third Street— Units D- 101, D- 201, E- 101, E- 105 CITY COUNCIL 2 OCTOBER 15, 2024
3. PUBLIC EMPLOYEE APPOINTMENT pursuant to Government Code Section 54957( b)( 1)
Title: Independent Oversight Director to the Santa Ana Police Oversight Commission
4. PUBLIC EMPLOYEE PERFORMANCE EVALUATION pursuant to Government Code Section 54957( b)( 1):
TITLE: City Clerk
5. CONFERENCE WITH LABOR NEGOTIATOR pursuant to California Government Code Section 54957. 6( a)
Agency Designated Representative: Lori Schnaider, Executive Director of Human Resources
Unrepresented Employee: City Clerk
CLOSED SESSION REPORT — The City Attorney will reporton any action(s) from Closed Session.
RECONVENE — City Councilwill reconveneto continueregularCity business.
CITY COUNCIL REGULAR OPEN SESSION
CALL TO ORDER
MINUTES: MayorAmezcua reconvened the City Council Meeting to order at 6:07 P.M.
ATTENDANCE Councilmembers
Mayor Pro Tern
Mayor
City Manager
City Attorney
City Clerk
ROLL CALL
Phil Bacerra
Johnathan Ryan Hernandez
Jessie Lopez
David Penaloza
Benjamin Vazquez
Thai Viet Phan
Valerie Amezcua
Alvaro Nunez
Sonia R. Carvalho
Jennifer L. Hall
MINUTES: City Clerk Jennifer L. Hall conducted roll call.
Councilmembers Bacerra, Hernandez ( arrived at 6: 11 P. M.), Lopez, Penaloza, and Vazquez, Mayor Pro Tem Phan, and Mayor Amezcua were present.
PLEDGE OF ALLEGIANCE Selica Diaz
CITY COUNCIL 3 OCTOBER 15, 2024
WORDS OF INSPIRATION Police Chaplain Bob Barnett
ADDITIONSIDELETIONS TO THE AGENDA
MINUTES: CityClerkJenniferL. HallannouncedtheremovalofAgendaItemNo. 9.
CEREMONIAL PRESENTATIONS
1. Proclamation presented by Mayor Amezcuato Human Options declaring October 2024 as Domestic Violence Awareness Month
MINUTES: Mayor Amezcua presented a proclamation to Human Options declaring October 2024 as Domestic Violence Awareness Month.
2. Proclamation presented by Mayor Pro Tern Phan to Smedley Chapter One Club declaring October 2024 as Toastmasters Month in Honor of their Centennial Anniversary
MINUTES: Mayor Pro Tern Phan presented a proclamation to Smedley Chapter One Club declaring October 2024 as ToastmastersMonth in Honor of their Centennial Anniversary.
3. Proclamationpresentedby CouncilmemberBacerradeclaringOctober2024 as Filipino American History Month
MINUTES: Councilmember Bacerra presented a proclamation declaring October 2024 as Filipino American History Month.
4. Certificate of Recognition presented by Councilmember Lopez to Vecindario LacyEnAccionfor their OutstandingContributionsto the Community MINUTES: Councilmember Lopez presented a certificate of recognition to VecindarioLacyEnAccionfor theoutstandingcontributionsto the Community.
STAFF PRESENTATION
5. Engagement and Enforcement on Union Pacific Railroad Right of Way MINUTES: City ManagerAlvaro Nunez gave an updateregardingenhanced homeless outreach/engagement and enforcement on Union Pacific Railroad right-of- way.
CLOSED SESSION REPORT — The CityAttorneywill reporton anyaction( s) from Closed Session.
o Update on Ethics Code Investigation
CITY COUNCIL 4 OCTOBER 15, 2024
MINUTES: City Attorney Sonia Carvalho stated there was no reportable action on Closed Session items. She provided an update regarding allegations that City Council hadreceivedregardingCodeof EthicsviolationsandBrownAct violationspertaining to Councilmember Hernandez and Mayor Amezcua and stated that the findings in the allegations against Mayor Amezcua were not sustained, findings for three of the four allegations against Councilmember Hernandez were sustained, and the Orange County District Attorney' s Office did not find sufficient evidence to substantiate the allegations. The City now deems these matters to be resolved unless the AdHoc committee gives further direction.
Councilmember Penaloza asked for clarification on the DA's decision regarding the allegations.
City Attorney Carvalho clarified that the DA' s office concluded the Brown Act allegations were not sustained.
PUBLIC COMMENTS — Publiccommentswill be heldduringthe beginningof the meeting for ALL comments on agenda and non - agenda items.
MINUTES: City Clerk Jennifer L. Hall reported out the summary of email comments received: ( 20) non - agenda comments.
Thefollowing speakers addressed City Council in -person:
9. Gloria GuzmanAguirre expressed concernregarding safety in Ward2 and the Metro East Apartments.
2. Christa Headington spoke regarding Metro East Apartments.
3. Nancy Emerson spoke regarding Metro East Apartments and expressed concern regarding safety.
4. Bob Adams spoke regarding rezoning SD 84 Industrial Overlay TransitZone.
5. Tommy Fernandez spoke regarding Agenda Item No. 10.
6. Kevin Tranter spoke regarding rezoning SD 84 Industrial Overlay TransitZone.
7. Mike Tardifspoke regarding rezoning SD 84 Industrial Overlay TransitZone.
8. Carl Benninger spoke regarding future ComLink meetings on October 24, 2024 and November 21, 2024.
9. Jackie Cordova spoke regarding the treaty of Guadalupe Hidalgo, and crimes and safety related to the Police Department.
10. Bryan Farkas spoke in support of Agenda Item No. 25.
CITY COUNCIL 5 OCTOBER 15, 2024
11. MaritzaDelgadospokeregardingMetroEast Apartmentsand expressedconcern regarding safety.
12. Gloria Salinas spoke regarding Metro East Apartments, expressed concern regardingsafety, andrequestedtheCityCounciladdressissuesat theapartment complex.
13. Gary Kingsbury spoke regarding Metro East Apartments, expressed concern regardingsafety, andrequestedtheCityCounciladdressissuesat theapartment complex.
14. Jenfief Iran spoke regarding Metro East Apartments.
15. Chau Nguyen spoke regarding Metro East Apartments, expressed concern regardingsafety, andrequestedtheCityCounciladdressissuesat theapartment complex.
16. VictorMendezspokeregardingCodeEnforcement's notice of violationsto Metro East Apartments and request ConAm Management be removed.
17. Julie Feenstra spoke regarding Metro East Apartments, expressed concern regardingsafety, andrequestedtheCityCounciladdressissuesat theapartment complex.
18. SelicaDiazthankedCitystafffortheirhardwork, efforts, andcommunityoutreach, and requested additional teen programs.
19. Carlos Manrique expressed concern regarding parking lot spaces at the apartment complex and submitted records.
20. Deepa Bijlani spoke regarding Metro East Apartments and expressed concern regarding safety.
21. Adrian Esparza spoke in support of Agenda Item No. 25.
22. ConradAllenbachspoke regardingraised rent increases, safety, corruption, and poor management at Metro East Apartments.
23. Sue Palik spokeregardingMetroEastApartments, the Lion Dance, and diversity, and expressed concern with comments made by Council.
24. Venancio Chaves (translation: Spanish) spoke regarding measures on the ballot.
CONSENT CALENDAR
RECOMMENDED ACTION: Approve staff recommendations on the following CITY COUNCIL 6 OCTOBER 15, 2024
Consent Calendar Items: 6 through 25 and waive reading of all resolutions and ordinances.
MINUTES: At 7: 53 P. M., the Consent Calendar was considered.
Councilmember Vazquez pulled Agenda Item No. 10 for separate discussion and consideration and requested to comment on Agenda Item Nos. 11 and 18.
Councilmember Hernandez requested to comment on Agenda Item Nos. 12 and 21.
Mayor Pro Tem Phan recused herself from Agenda Item Nos. 18 and 25 as the listed entities, Illumination Foundation and Callen' s Trust, are clients of her employer, Rutan and Tucker.
MOTION: Councilmember Bacerra moved to approve Consent Calendar Item Nos. 6 through 25 with the exception of Agenda Item Nos. 9 removed from consideration and 10 pulled for separate discussion and consideration, seconded by Councilmember Penaloza.
The motion carried, 7-0, by the following roll call vote:
AYES: 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.
7. Minutes from the Regular Meeting of September 17, 2024 and the Regular Adjourned Meeting of September 17, 2024 held on September 23, 2024 Department( s): City Clerk' s Office
Recommended Action: Approve minutes.
8. Appoint Vivian Wilhelm Nominated by the Community DevelopmentAgency as the Senior Tenant Representative to the Community Development Commission for a Full Term Expiring November 14, 2026
CITY COUNCIL 7 OCTOBER 15, 2024
Department( s): City Clerk' s Office
Recommended Action: Appoint Vivian Wilhelm to the Community Development Commission as the Senior Tenant Representative and administer the Oath of Office.
AGENDA ITEM NO. 9 WAS REMOVED FROM CONSIDERATION
9. Agreements with Serviam By Wright, LLP; Nastich Law, a Professional Corporation; and Palacios Law Office to Provide Administrative Hearing Officer Services ( Specification 24- 052) ( General and Non - General Fund) Department( s): Finance and Management Services
Recommended Action: Authorize the City Manager to execute agreements with each of the three firms listed below for Administrative Hearing Officer services on an as -needed basis, in a total aggregate amount not to exceed $ 1, 970, 000, for an initialthree-year term beginningOctober15, 2024, with a provisionfor one, two- year extensionexercisableby the City Managerand the City Attorney (Core Agreement No. A- 2024- XXX).
Firms Location
Serviam By Wright, LLP Irvine, CA
Nastich Law, a Professional Corporation Berkeley, CA
Palacios Law Office Riverside, CA
AGENDA ITEM NO. 90 WAS PULLED FOR SEPARATE DISCUSSION AND
CONSIDERATION
10. Prioritization of Park Projects
Department( s): Finance and Management Services
Recommended Action: Receive and file, or provide staff with alternate direction.
MINUTES: City Manager Alvaro Nunez gave a brief report regarding the prioritization of Park projects.
Councilmember Hernandez asked whether restrooms at Salvador Park would be replaced, spokeregardingtheParkprojects, andspokein supportof theitem.
CityManagerNunezstatedrestroomswouldbe replaced.
Councilmember Lopez asked how the deficits in the projects would be covered and asked for an update regarding the financial progress.
CityManagerNunezbrieflyspokeregardingmoniesandfundsrelatedtothePark CITY COUNCIL 8 OCTOBER 1 5, 2024
projects and stated additional information and updates would be provided at the November 19, 2024 meeting.
MOTION: Councilmember Vazquez moved to approve the recommended action for Item No. 10, seconded by Councilmember Hernandez.
The motion carried, 7-0, by the following roll call vote:
AYES: 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. Award a Construction Contract to AMG & Associates, Inc. for the Memorial Park Aquatics Center Project ( No. 22- 1415)( Non- General Fund) ( Revive Santa Ana Program)
Department( s): Public Works Agency
Recommended Action:
1. Approve an appropriation adjustment to recognize $ 165, 000 of accumulated Capital Outlay Fund account balance that will be appropriated for spending in the Capital Outlay Fund, Park Improvements, Building & Building Improvements expenditure account ( 05113263- 66200). ( Requires five affirmative votes)
2. Approve an appropriation adjustment recognizing $ 50,000 in the Capital Outlay Fund ( Cell Tower) revenue account and appropriate the same amount into the Capital Outlay Fund, Park Improvements, Buildings & Building Improvements expenditure account ( 05113263- 66200). ( Requires five affirmative votes)
3. Approve an appropriation adjustment reallocating $ 1, 194, 500 in general fund from PRSCA Service Enhancement, Building and Building Improvements to Public Works Road Maintenance, Improvements Other than Buildings. This request is a housecleaning matter to expedite the Delhi channel fencing and resolve security and safety concerns. ( Requires five affirmative votes)
4. Authorize a budget reallocation of $ 3, 927, 265 in unspent funds from various other projects ( detailed in the Discussion Section) to construction funds for the Memorial Park Aquatics Center Project ( No. 22- 1415).
5. Approve an amendment to the Fiscal Year 2024- 2025 Capital Improvement Program to include an additional $ 19, 897, 209 in construction funds for the Memorial Park and Aquatics Renovation Project ( No. 22- 1415).
CITY COUNCIL 9 OCTOBER 15, 2024
6. Approve the Project Cost Analysis for a total estimated construction delivery cost of $ 29, 339, 203, which includes $ 26, 326, 548 for the construction contract; 380, 000 for contract administration, inspection, and testing; and a 2,632,655 projectcontingencyfor unanticipatedor unforeseenworkdueto the complexity and extensive scope of this project.
7. Award a construction contract to AMG & Associates, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $26,326,548, subject to change orders, for construction of the Memorial Park Aquatics Center Project No. 22- 1415), for a term beginning October 15, 2024 and ending upon project completion, and authorize the City Manager to execute the contract.
8. Determine that pursuant to the California EnvironmentalQuality Act the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER-2024- 83 was filled for Project No. 22- 1415.
MINUTES: Councilmember Vazquez spoke in support of the item.
Councilmember Penaloza spoke in support of the item and asked whether the mural would be saved.
CityManagerAlvaroNunezstatedthemuralwouldbe saved.
12. Construction Contract for the Construction of a Cull de Sac, Bioswale, and Crosswalk Adjacent to Future Park on 10th Street and Flower Street ( No. 22- 1342) ( Non - General Fund) ( Revive Santa Ana)
Department( s): Public Works Agency
Recommended Action:
1. Approve an amendment to the Fiscal Year 2024- 2025 Capital Improvement Program to include an additional $ 1,845, 898 in construction funds for the 10th Street & Flower Street Improvements Project ( No. 22- 1342).
2. Approve the Project Cost Analysis for a total estimated construction delivery cost of $ 1, 845, 898, which includes $ 1, 476, 719 for the construction contract; 221, 507 for contract administration, inspection, and testing; and a 147,672 projectcontingencyfor unanticipatedor unforeseenwork due to the complexity and extensive scope of this project.
3. Award a construction contract to Vido Samarzich, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $ 1, 476, 719, subject to change orders, for construction of the 10th Street & Flower Street Improvements Project ( No. 22- 1342), for a term beginning October 15, 2024and endingupon projectcompletion, and authorizethe City Managerto execute the contract.
CITY COUNCIL 10 OCTOBER 15, 2024
4. Approve adoption of a Mitigated Negative Declaration for the 10th & Flower Street improvements and future 10th & Flower Park, pursuant to the California Environmental Quality Act. Mitigation measures identified in the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program prepared for the project will be made part of the Construction Contract.
MINUTES: Councilmember Hernandez spoke in support of the item.
Councilmember Penaloza asked whether there would be a fence to close the Park.
PublicWorksDirectorNabilSabastatedtheParkhasnot beendesignedbuta locking fence could be incorporated to protect the park.
Mayor Amezcua spoke regarding safety and signage at parks.
13.Appropriation Adjustment Recognizing Measure M2 Grant Funding; Amend the Fiscal Year 2024- 25 Capital Improvement Program for the Kraemer Boulevard, Glassell Street, Grand Avenue Corridor Regional Traffic Signal Synchronization Project ( Project No. 25- 6705)
Department( s): Public Works Agency
Recommended Action:
1. Approve an appropriation adjustment recognizing Measure M2 grant funding in the amount of $ 4, 568, 526 into the Public Works Measure M2 Competitive revenue account and appropriate the same amount into the Measure M2 Competitive Street, Improvements Other Than Building expenditure account for future year expenditures. ( Requires five affirmative votes)
2. Approve an amendment to the Fiscal Year 2024- 25 Capital Improvement Program to include Measure M2 grant funding in the amount of $ 4,568, 526 for the Kraemer Boulevard, Glassell Street, Grand Avenue Corridor Regional Traffic Signal Synchronization Project ( Project No. 25- 6705).
14. Aggregate Purchase Order Contracts to Core & Main LP and Ferguson Enterprises, LLC dba Ferguson WIN for Fire Hydrants and Hydrant Parts Specification No. 24- 063) ( Non - General Fund)
Department( s): Public Works Agency
Recommended Action: Award aggregate purchase order contracts to the vendors listed belowfor the purchaseof fire hydrants and fire hydrant parts on an as -needed basis, in an annual aggregate amount not to exceed $ 250, 000, for an initial one- year term expiring October 14, 2025, with provisions for four, one-year renewal options.
CITY COUNCIL 11 OCTOBER 15, 2024
Vendor Location
Core & Main LP Santa Ana, CA
Ferguson Enterprises, LLC Santa Ana, CA
15. Agreement with Mike Prlich and Sons, Inc., T. E. Roberts, Inc., Big Ben, Inc., and J& L Constructors, Inc. for Large Water Services Vault and Meter Apparatus Improvements ( Non - General Fund)
Department( s): Public Works Agency
Recommended Action: Authorize the City Manager to execute agreements with Mike Prlich and Sons, Inc., T.E. Roberts, Inc., Big Ben, Inc., and J& L Constructors, Inc. for large water meter services vault and meter apparatus improvements, for a total aggregate amount not to exceed $ 7,500, 000, for a three- year term beginning October 15, 2024 and expiring October 14, 2027, with a provision for one two-year extension ( Core Agreement No. 2024- 165).
16. Purchase and Sale Agreement and Appropriation Adjustment, in the Same Amount for the Sale of City -owned Real Property, Formerly Portions of 1601 and 1607 North Bristol Street, to Bristol Center Properties, LLC; Amend Purchase and Sale Agreement with Bristol Center Properties to Extend the Deadline to Open A Drive-Thru Restaurant or Drive-Thru Cafe at 1601 and 1607 North Bristol Street by 18 Months ( Non -General Fund) Department( s): Public Works Agency
Recommended Action:
1. Approve an appropriation adjustment recognizing revenue in the amount of 2,989 in the Select Street Construction Fund, Sale of Land revenue account for Fiscal Year 2024-25 from the sale of City -owned property formerly portions of 1601 and 1607 North Bristol Street and appropriating the same amount to the OCTA Bristol Street Corridor Improvements, Improvements Other Than Building expenditure account. Receipt of Measure M Street Construction proceeds in the amount of $ 6,811 will be disbursed to the Orange County Transportation Authority ( OCTA). ( Requires five affirmative votes)
2. Approve an amendment to the Fiscal Year 2024-25 Capital Improvement Program to include $ 2,989 of funding into the Bristol Street Improvements Project ( No. 11- 6741).
3. Authorizethe City Managerto executea purchaseand sale agreementwith Bristol Center Properties, LLC for the sale of 392 square feet of City -owned propertyformerlyportionsof 1601and1607NorthBristolStreet (APN405-252- 21 & 22), in the amount of $9,800 ( Agreement No. A- 2024- 166).
4. Authorizethe City Managerto executethe first amendmentto the agreement with Bristol Center Propertiesto extend the deadline to open for business to the CITY COUNCIL 12 OCTOBER 15, 2024
public for a drive- thru restaurant or drive- thru caf6 at 1601 and 1607 North Bristol Street by 18 months ( Agreement No. A-2024- 167).
17. Cooperative Agreement with Orange County Transportation Authority for the McFadden Avenue Transit Signal Priority Pilot Project ( Project No. 25- 6030) Non - General Fund)
Department( s): Public Works Agency
Recommended Action:
1. Approve an appropriation adjustment recognizing Regional Early Action Planning 2.0 funding in the amount of $3,690,000 into the Public Services -Street Safety Projects, State Grant -Indirect revenue account and appropriate the same amount into the Regional Early Action Planning Grant, Improvements Other Than Building expenditure account. ( Requires five affirmative votes)
2. Authorize the City Manager to execute a cooperative agreement with Orange County Transportation Authority in an amount not to exceed $ 3, 690, 000, for the design, construction, and evaluation of the McFadden Avenue Transit Signal Priority Pilot Project, effective upon full approval of the agreement through December 31, 2026, with the option to be extended ( Agreement No. A- 2024- 168).
3. Approve an amendment to the Fiscal Year 2024- 25 Capital Improvement Program to include $ 3, 690, 000 in design and construction funds for the McFadden Avenue Transit Signal Priority Pilot Project ( No. 25- 6030).
18. Conditional Grant Agreement and Affordable Housing Regulatory Agreement with Declaration of Covenants and Restrictions with Illumination Foundation Non - General Fund)
Department( s): Community Development Agency
Recommended Action: Authorize the City Manager to execute a conditional grant agreement and regulatory agreement with Illumination Foundation for $ 2, 021, 319 in Homeless Housing, Assistance and Prevention Program Round 1, 2, and 3 funds for the development of the Richard Lehn Intergenerational Housing Project located at 918 Bewley Street ( APN 198-231- 10) ( Agreement Nos. A- 2024- 169 and A- 2024- 170).
MINUTES: Mayor Pro Tem Phan recused herself from Agenda Item No. 18 as the listed entity, Illumination Foundation, is a client of her employer, Rutan and Tucker.
Councilmember Vazquez spoke in support of the item.
Mayor Amezcua spoke regarding visiting the site and in support of the item.
CITY COUNCIL 13 OCTOBER 15, 2024
Councilmember Hernandez spoke in support of the item and thanked staff for their hard work and efforts.
Councilmember Penaloza thanked staff for their efforts on the project.
MOTION: Councilmember Bacerra moved to approve the recommended action for Item No. 18, as part of the Consent Calendar, seconded by Councilmember Penaloza.
The motion carried, 6-0-1, by the following roll call vote:
AYES: 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
19. Amendments to the Memorandums of Understanding between the City of Santa Ana and the Confidential Association of Santa Ana ( CASA), the Santa Ana Management Association ( SAMA), and the Service Employees International Union Local 721 ( SEIU)
Department( s): Human Resources
Recommended Action: Authorize the City Manager to execute the amendments to the Memorandums of Understanding ( MOU) of three labor groups in order to modify and delineate specific articles of the MOUs (Agreement Nos. A-2024-171, A- 2024- 172, and A- 2024- 173).
Second Amendment to the Memorandum of Understanding ( MOU) between the Cityof SantaAnaandthe ConfidentialAssociationof SantaAna (CASA) for the period of July 1, 2022 through June 30, 2025
First Amendment to the Memorandum of Understanding ( MOU) between the City of Santa Ana and the Santa Ana Management Association (SAMA) for the period of July 1, 2022 through June 30, 2025
First Amendment to the Memorandum of Understanding ( MOU) between the City of Santa Ana and the Service Employees International Union Local 721 SEIU) for the period of July 1, 2022 through June 30, 2025
20. Amendment to Agreement with Sunny Hills Associates, Inc. for Property Restoration Services ( Non - General Fund)
Department( s): Human Resources
CITY COUNCIL 14 OCTOBER 15, 2024
Recommended Action: Authorize the City Manager to execute an amendment to the agreement with Sunny Hills Associates, Inc. for property restoration services to increase the not -to -exceed amount by $ 50,000, for aggregate compensation up to 100, 000, under for the term of April 1, 2022 through March 31, 2026 ( Agreement No. A- 2024- 174).
21. Agreement with Ravenswood Studio, Inc. to Custom Fabricate, Deliver, and Install Children' s Interactive Exhibits for the Main Library Renovation Project Specification No. 24- 107) ( Project No. 25- 1380) ( General Fund) Department( s): Library
Recommended Action: Authorize the City Manager to execute an agreement with Ravenswood Studio, Inc. to provide custom fabrication, delivery, and installation of children' s interactive exhibits for the Main Library Transformation Project, in the amount of $852, 535, plus a 10% contingency amount of $85,253, for a total amount not to exceed $ 937, 788, for a term expiring December 31, 2026, with a provision for one 1-year extension ( Agreement No. A-2024- 175).
MINUTES: Councilmember Hernandez spoke in support of the item.
CouncilmemberBacerra asked why comments are allowed when the item is not pulled for separate discussion and consideration.
City Attorney Sonia Carvalho stated she would work with the Mayor, City Manager, and the City Clerk to address items being pulled and comments provided by the City Council.
22. Amendment to the Lease Agreement with Rio Vista West, LLC for the Police Department' s Westend Substation ( General Fund)
Department( s): Police Department
Recommended Action: Authorize the City Manager to execute an amendment to the lease agreement with Rio Vista West, LLC for a leased property for use as the Westend Substation, for the period of November 1, 2024 through October 31, 2025, in an annual amount of $ 38, 292 ( Agreement No. A- 2024- 176).
23. Historic Property Preservation Agreements for the Properties Located at 214- 218 W. 4th Street, 2539 N. French Street, 1113 W. Riviera Street, 2312 N.
Spurgeon Street, and 1106 S. Parton Street
Department( s): Planning and Building Agency
Recommended Action: Authorize the City Manager to execute the attached Mills Act agreements with the below -referenced property owners for the identified structure( s) ( Agreement Nos. A- 2024- 177, A- 2024- 178, A- 2024- 179, A- 2024- 180, CITY COUNCIL 15 OCTOBER 15, 2024
and A- 2024- 181). [ includes determination that the proposed projects are exempt from further review in accordance with the California Environmental Quality Act as the followingCategoricalExemptionswill be filed: ER No. 2024-67, ER-2024-68, ER- 2024- 69, ER- 2024- 70, and ER- 2024- 71]
Table 1: Mills Act Agreements Approved by the Historic Resources Commission ( HRC)
Historic
Property Property Address/ House Vote by HRC
Owner( s) Preservation
Agreement No.
6: 0: 0: 3
Liennette Chung, 214- 218 W. 4th Commissioners
Wild Orchid 2022- 20
Street Escamilla, Rincon,
Investments, LLC and Murashie absent)
7: 0: 0: 2
Francois - Xavier 2539 N. French Commissioners
and Roxana Fyad
2024- 09 Street Rincon and Murashie
absent
6: 0: 0: 3
Charles A. and 1113 W. Riviera Commissioners
Molly H. Martin
2024- 10 Drive Escamilla, Rincon,
and Murashie absent)
7: 0: 0: 2
Carter and 2312 N. Commissioners
Chelsea Sapp
2024- 11
Spurgeon Street Rincon and Murashie
absent)
6: 0: 0: 3
1106 S. Parton Commissioners
Jennifer Schutza 2024- 12 Street Escamilla, Rincon,
and Murashie absent
24. Application to the California State Department of Housing and Community Development for the Prohousing Designation Program under the Permanent Regulations
Department( s): Planning and Building Agency
Recommended Action: Adopt a resolution authorizing application to the California State Department of Housing and Community Development Prohousing Designation Program.
RESOLUTION NO. 2024- 059 entitled A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA AUTHORIZING APPLICATION TO AND
PARTICIPATION IN THE PROHOUSING DESIGNATION PROGRAM
CITY COUNCIL 16 OCTOBER 15, 2024
25. Amendment Application No. 2023- 03 and Development Agreement No. 2023- 02 for Related Bristol Specific Plan Amendment Application and Development Agreement Ordinances ( 3600 S Bristol Street) ( Second Readings) First reading October 1, 2024 City Council meeting and approved by a vote of 6-0-1, Phan abstaining due to recusal).
Department( s): Planning and Building Agency
Recommended Action:
1. Conduct a second reading and adopt an ordinance approving Amendment Application ( AA) No. 2023- 03.
ORDINANCE NO. NS- 3070 entitled AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 2023- 03 TO ESTABLISH THE RELATED BRISTOL SPECIFIC PLAN ( SP NO. 5) AND TO APPROVE A ZONE CHANGE FOR THE 41- ACRE SITE GENERALLY LOCATED AT 3600 BRISTOL STREET FROM GENERAL
COMMERCIAL ( C2) AND COMMERCIAL RESIDENTIAL ( CR) TO RELATED BRISTOL SPECIFIC PLAN ( SP NO. 5)
2. Conduct a second reading and adopt an ordinance approving Development Agreement No. 2023- 02.
ORDINANCE NO. NS- 3071 entitled AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA APPROVING DEVELOPMENT AGREEMENT NO. 2023- 02 FOR A MIXED - USE DEVELOPMENT, KNOWN AS THE RELATED BRISTOL SPECIFIC PLAN PROJECT, AT 3600 BRISTOL STREET
BETWEEN THE CITY OF SANTA ANA AND GREENVILLE RANCH LLC, BSG WEST BRISTOL LLC, AND MCG BRISTOL WEST LLC ( Agreement No. A- 2024- 182)
3. Determine that, pursuant to the California Environmental Quality Act ( CEQA), the ordinances' second readings are covered by the Final Supplemental Environmental Impact Report ( SEIR) No. 2022- 01 ( SCH No. 2020029087), including environmental findings of fact pursuant to the California Environmental Quality Act, the Statement of Overriding Considerations, and the Mitigation Monitoring and Reporting Program that were certified and adopted by the City Council on October 1, 2024 for the project ( Notice of Determination filed on October 2, 2024).
MINUTES: Mayor Pro Tem Phan recused herself from Agenda Item No. 25 as the listed entity, Callen' s, is a client of her employer, Rutan and Tucker.
MOTION: Councilmember Bacerra moved to approve the recommended action for Item No. 25, as part of the Consent Calendar, seconded by Councilmember Penaloza.
CITY COUNCIL 17 OCTOBER 15, 2024
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
END OF CONSENT CALENDAR**
CITY MANAGER COMMENTS
MINUTES: None.
COUNCIL COMMENTS
AB1234 DISCLOSURE — If the City paid for travel or other expensesthis is the time for membersof the Councilto providea brieforalreporton attendanceof anyregionalboard or commissionmeetingor any conference, meetingor eventattended.
MINUTES: Councilmember Vazquez thanked staff for work done at railroad tracks, announced his attendance at TKO Program at Jerome Park, spoke regarding the street topper for the Guzman family, and dedicated the meeting in memory of Terry Kim, Valley High School teacher.
Councilmember Penaloza expressed excitement for the arrival of baby No.2. in March 2025.
CouncilmemberLopez invited all to attend a park clean-up at Santiago Park on October 23, 2024 at 2:00 P.M., and wished everyone a safe and Happy Halloween.
Mayor Pro Tem Phan spoke regarding the Mid -Autumn Festival and attendance at OCFA' s station open house, and encouraged all to vote.
Councilmember Bacerra announced community office hours on November 2, 2024 at 10:00 A.M. at Sandpointe, spoke regarding the ROVE charging center and Gelsons, and thanked Orange County Supervisor Sarmiento for fencing between the Flower Bike Trail and CountyFlood ControlChannel. He spoke regardingconductingbusiness effectively, Prop. 36, and encouraged all to vote.
Councilmember Hernandez thanked staff for their hard work and efforts, the Guzman familyfortheircontributionstothecommunity, spokeregardingthereportontheethics code investigation, and encouraged all to vote.
CITY COUNCIL 18 OCTOBER 15, 2024
Mayor Amezcua spoke regarding ROVE, Neighborhood Association meeting on October 14, 2024 regarding Prop. 36, Girls Conference, and attendance at Taste of Santa Ana, congratulated the Santa High School Marching Band for the invitation to the Rose Bowl Parade, announced Coffee with the Mayor at Fire Station 75 on October 19, 2024 and the last Coffee with the Mayor on October 26, 2024, and thanked the Board of Supervisors for supporting Prop. 36. She briefly spoke regarding the Union Pacific Railroad presentation and sustained ethics code violations, and encouraged all to vote.
City Attorney Sonia Carvalho announced and read the ethics code violation investigations related to Mayor Amezcua and Councilmember Hernandez, stating that four items for Mayor Amezcua were not sustained and that three of the four items for Councilmember Hernandez were sustained.
Brief discussion ensued regarding next steps related to the sustained allegations.
ADJOURNMENT — Adjourn the City Council meeting.
MINUTES: Mayor Amezcua adjourned the City Council Meeting at 9:00 P.M.
Respectfully submitted:
nnifer L. Hall, MC
City Cle
CITY COUNCIL, 19 OCTOBER 15, 2024