CITY COUNCIL 1 NOVEMBER 19, 2024
DRAFT Minutes of the Regular Meeting
of the City Council
City of Santa Ana,
California
November 19, 2024
CLOSED SESSION MEETING – 4 :00 P.M.
REGULAR OPEN MEETING – 5:30 P.M.
(Immediately following the Closed Session Meeting)
CITY COUNCIL CHAMBER
22 Civic Center Plaza Santa Ana, CA 92701
CLOSED SESSION
CALL TO ORDER
MINUTES: Mayor Amezcua called the Closed Session meeting to order at 4:13 P.M.
ATTENDANCE Council Members Phil Bacerra
Johnathan Ryan Hernandez
Jessie Lopez
David Penaloza
Benjamin Vazquez
Mayor Pro Tem Thai Viet Phan
Mayor Valerie Amezcua
City Manager Alvaro Nuñez
City Attorney Sonia R. Carvalho
City Clerk Jennifer L. Hall
ROLL CALL
MINUTES: City Clerk Jennifer L. Hall conducted roll call.
Councilmembers Bacerra (arrived at 4:24 P.M.), Hernandez (arrived at 4:25 P.M.), Lopez (arrived at 4:20 P.M.) , Penaloza, and Vazquez, Mayor Pro Tem Phan, and Mayor Amezcua were present.
CITY COUNCIL 2 NOVEMBER 19, 2024
ADDITIONS\DELETIONS TO CLOSED SESSION
MINUTES: None.
PUBLIC COMMENTS – Members of the public may address the City Council on Closed Session items.
MINUTES: City Clerk Jennifer L. Hall stated two email comments w ere received regarding Closed Session Agenda Item No. 3.
The following speakers addressed the City Council in-person:
1. Tanya Navarro, Chispa, requested Sean Garcia be selected as the Independent Oversight Director.
2. Penelope Lopez, Chispa, spoke regarding transparency and Closed Session Agenda Item No. 3.
The following speakers addressed the City Council via teleconference:
3. David Pulido, CSO Pulido, spoke r egarding the candidates related to Closed Session Agenda Item No. 3.
4. Jennifer Rojas, Chispa, requested Sean Garcia be appointed as the Independent Oversight Director.
5. Abe requested Sean Garcia be appointed as the Independent Oversight Director.
6. Emma G, CSO Orange, requested Sean Garcia be appointed as the Independent Oversight Director.
7. Rain, CSO Orange, requested Sean Garcia be appointed as the Independent Oversight Director.
8. Diana, CSO Orange, requested Sean Garcia be appointed as the Independent Oversight Director.
9. Kayla Asato spoke regarding the candidates related to Closed Session Agenda Item No. 3.
10. Zoya Hajee requested Sean Garcia be appointed as the Independent Oversight Director.
CITY COUNCIL 3 NOVEMBER 19, 2024
RECESS – City Council will recess to Closed Session for the purpose of conducting regular City business.
MINUTES: Mayor Amezcua recessed to consider the Closed Session items at 4:35 P.M.
CLOSED SESSION ITEMS – The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation:
1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code:
A. Share Our Selves Corporation v. City of Santa Ana, United States District Court Case No. 8:23-cv000504-DOC-KES
B. Romero v. City of Santa Ana, et al., Orange County Superior Court, Case No. 30-2022-01273032
C. Bertha Amezcua Padilla, et al. v. City of Santa Ana, et al., United States District Court Case No.: 8:22-cv-01326 KK (ADSx)
MINUTES: Mayor Pro Tem Phan recused herself from Closed Session Agenda Item No. 1A as the listed entity, Share Our Selves Corporation, is a client of her employer, Rutan and Tucker.
2. 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
3. PUBLIC EMPLOYEE APPOINTMENT pursuant to Government Code Section 54957(b)(1)
Title: Independent Oversight Director to the Santa Ana Police Oversight Commission
CLOSED SE SSION REPORT – The City Attorney will report on any action(s) from Closed Session.
RECONVENE – City Council will reconvene to continue regular City business.
CITY COUNCIL 4 NOVEMBER 19, 2024
CITY COUNCIL REGULAR OPEN SESSION
CALL TO ORDER
MINUTES: Mayor Amezcua reconvened the City Council Meeting to order at 6:29 P.M.
ATTENDANCE Councilmembers
Mayor Pro Tem
Phil Bacerra
Johnathan Ryan Hernandez
Jessie Lopez
David Penaloza
Benjamin Vazquez
Thai Viet Phan
Mayor Valerie Amezcua
City Manager
City Attorney
City Clerk
Alvaro Nuñez
Sonia R. Carvalho
Jennifer L. Hall
ROLL CALL
MINUTES: City Clerk Jennifer L. Hall conducted roll call.
Councilmembers Bacerra, Hernandez, Lopez, Penaloza, and Vazquez, Mayor Pro Tem Phan, and Mayor Amezcua were present.
PLEDGE OF ALLEGIANCE Victor Mendez
WORDS OF INSPIRATION Police Chaplain Bob Barnett
ADDITIONS\DELETIONS TO THE AGENDA
MINUTES: City Clerk Jennifer L. Hall announced a revised ordinance for Agenda Item No. 32 to correct typographical and clerical changes.
City Manager Alvaro Nuñez requested a bifurcation of the middle managerial position for the Homeless Manager on the resolution for Agenda Item No. 24 and for Council to consider the remainder of the resolution.
CEREMONIAL PRESENTATIONS
1. Proclamation presented by Ma yor Amezcua to National Hispanic Business Women Association, in honor of National Women’s Small Business Month
MINUTES: Mayor Amezcua presented a proclamation to National Hispanic Business Women Association, in honor of National Women’s Small Business Month.
CITY COUNCIL 5 NOVEMBER 19, 2024
2. Proclamation presented by Councilmember Bacerra to Hands Together – A Center for Children, in honor of their 25-year anniversary
MINUTES: Councilmember Bacerra presented a proclamation to Hands Together – A Center for Children, in honor of their 25-year anniversary.
3. Certificate of Recognition presented by Councilmember Lopez to Hope Builders for their Outstanding Contributions to the Community
MINUTES: Councilmember Lopez presented a certificate of recognition to Hope Builders for their outstanding contributions to the community.
CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed Session.
MINUTES: City Attorney Sonia Carvalho announced a settlement agreement in the amount of $2,998,000 regarding Closed Session Item No. 1C by a vote of 6- 1 (Councilmember Hernandez dissenting) and she noted that the plaintiff has no relationship with the Mayor. She announced the City Council is moving forward with an interview of a candidate for the Independent Oversight Director to the Santa Ana Police Oversight Commission by a vote of 4 -3 (Councilmembers Hernandez, Lopez and Vazquez dissenting).
PUBLIC COMMENTS – Public comments will be held during the beginning of the meeting for ALL comments on agenda and nonagenda items.
MINUTES: City Clerk Jennifer L. Hall reported out the summary of email comments received: one (1) Agenda Item No. 15, one (1) Agenda Item No. 32, three (3) Agenda Item No. 33, and (10) non-agenda comments.
The following speakers addressed City Council in-person:
1. Stephanie Mendez expressed concern regarding her mother’s incident with her neighbor and public safety.
2. Tanyer Vakili spoke regarding homelessness.
3. Louise Gaiser thanked the community, the Police Department, and Fire Department for their hard work and efforts, and spoke regarding homelessness.
4. Nati Alvarado thanked the City and spoke regarding the Gang Intervention Prevention Grant.
5. Olivia Arzate (translation: Spanish) spoke regarding Agenda Item No. 36.
6. Carlos Perea spoke regarding Agenda Item No. 36.
7. Sandra De Anda spoke regarding Agenda Item No. 36.
CITY COUNCIL 6 NOVEMBER 19, 2024
8. Victor Mendez spoke regarding Agenda Item Nos. 8, 11, 32, 33, and 36.
The following speakers addressed City Council via teleconference:
9. Fernando Deveras spoke regarding Agenda Item No. 33.
RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 4 through 31 and waive reading of all resolutions and ordinances.
MINUTES: At 7:31 P.M., the Consent Calendar was considered.
Councilmember Hernandez pulled Agenda Item Nos. 15 and 31 for separate discussion and consideration.
Councilmember Bacerra pulled Agenda Item No. 7 for separate discussion and consideration.
Councilmember Lopez pulled Agenda Item No. 7 for separate discussion and consideration.
Mayor Pro Te m Phan recused herself from Agenda Item No. 11 as the lis ted entity, Families Forward, Inc., is a client of her employer, Rutan and Tucker.
MOTION: Councilmember Bacerra moved to approve Consent Calendar Item Nos. 4 through 31 with the exception of Agenda Item Nos. 7, 15, and 31 pulled for separate discussion and consideration, seconded by Councilmember Penaloza.
MINUTES: City Clerk Jennifer L. Hall announced that pursuant to Government Code Section 54953 an oral summary of salary and benefits shall be made prior to final action of the Council on any local executive and stated Agenda Item No. 23 is the approval of a salary adjustment for the City Clerk increasing the annual salary from $182,320 to $195,083 and City-provided deferred compensation payment of the maximum normal contribution, effective October 15, 2024.
The motion carried, 70, by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER BACERRA, COUNCILMEMBER
HERNANDEZ, COUNCILMEMBER LOPEZ,
COUNCILMEMBER PENALOZA, CO UNCILMEMBER
VAZQUEZ, MAYOR PRO TEM PHAN, MAYOR AMEZCUA
NONE
NONE
NONE
Status: 7 – 0 – Pass
CONSENT CALENDAR
CITY COUNCIL 7 NOVEMBER 19, 2024
4. Excused Absences
Department(s): City Clerk’s Office
Recommended Action: Excuse the absent members.
5. Minutes from the Regular Meeting of October 1, 2024, the Regular Meeting of October 15, 2024, and the Special Meeting of October 28, 2024
Department(s): City Clerk’s Office
Recommended Action: Approve minutes.
6. Appoint Alexandra Cheney Nominated by Councilmember Penaloza as the Ward 6 Representative to the Envir onmental and Transportation Advisory Commission for a Partial Term Expiring December 8, 2026
Department(s): City Clerk’s Office
Recommended Action: Appoint Alexandra Cheney to the Environmental and Transportation Advisory Commission as the Ward 6 representative and administer the Oath of Office. (Pursuant to SAMC Sec. 2- 326(a), requires five affirmative votes)
AGENDA ITEM NO. 7 WAS PULLED FOR SEPARATE DISCUSSION AND
CONSIDERATION
7. Agreements Review and Approve the Annual Calendar of City Council Meetings for 2025
Department(s): City Clerk’s Office
Recommended Action:
1. Review calendar of regularly scheduled City Council meetings in 2025.
2. Cancel the regularly scheduled City Council meetings of January 7, 2025 and August 5, 2025.
3. Direct staff to post Notice(s) of Cancellation and waive notice to the City Council of said meetings as required by the Government Code
MINUTES: Councilmember Bacerra proposed canceling the meeting of September 2, 2025 and add a meeting on August 25, 2025.
Councilmember Lopez proposed canceling the September 2, 2025 and November 18, 2025 meetings.
CITY COUNCIL 8 NOVEMBER 19, 2024
Mayor Pro Tem Phan proposed canceling the July 1, 2025 and August 26, 202 5 meetings and keeping the August 5, 2025 meeting.
Councilmember Hernandez spoke in support of canceling the September 2, 2025 and November 18, 2025 meetings.
Councilmember Penaloza spoke in support of canceling the September 2, 2025 and November 18, 2025 meetings, proposed cancelling December 16, 202 5, and keeping the August 5, 2025 meeting.
Brief discussion ensued regarding meeting conflicts with conferences.
MOTION: Councilmember Lopez moved to approve the 2025 City Council meeting schedule , as amended to cancel the January 7, September 2, November 18, and December 16, 2025 meeting and to keep the August 5, 2025 meeting, seconded by Mayor Amezcua.
The motion carried, 70, by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER BACERRA, COUNCILMEMBER
HERNANDEZ, COUNCI LMEMBER LOPEZ,
COUNCILMEMBER PENALOZA , COUNCILMEMBER
VAZQUEZ, MAYOR PRO TEM PHAN, MAYOR AMEZCUA
NONE
NONE
NONE
Status: 7 – 0 – Pass
8. Fiscal Year 2024-25 First Quarter Budget Update and Proposed Appropriation Adjustments
Department(s): Finance and Management Services
Recommended Action:
1. Receive and file the 1st Quarter Budget Update.
2. Approve $2.9 million in appropriation adjustments as detailed in the body of the report, including multiple restricted fund adjustments and one housekeeping adjustment to the General Fund with a net zero impact. (Requires five affirmative votes)
CITY COUNCIL 9 NOVEMBER 19, 2024
9. Appropriation Adjustment Recognizing Permanent Local Housing Allocation Round 4 (Non-General Fund)
Department(s): Community Development Agency
Recommended Action: Approve an appropriation adjustment recognizing $2,403,595 in funds from the State of California, into the Permanent Local Housing Allocation (PLHA) Program revenue account and appropriate the same amount into the PLHA Round 4 expenditure account to address homelessness in the City of Santa Ana. (Requires five affirmative votes)
10. Approve Appropriation Adjustment to Recognize the Bureau of Justice Assistance FY24 – Byrne Discretionary Community Project Grant Funds (Non-General Fund)
Department(s): Community Development Agency
Recommended Action: Approve appropriation adjustment to r ecognize a disbursement of $963,000 in funds from the Department of Justice – Office of Justice Programs, Bureau of Justice Assistance in revenue account (no. 12718002 52000, Federal Grant D irect) and appropriate the same amount to expenditure account (no. 127187006913 5, Payment to Subagent) to implement the Santa Ana Alternative Response Program. (Requires five affirmative votes)
11. Agreement with Families Forward, Inc. for the Administration of an Eviction Prevention Program (Non-General Fund)
Department(s): Community Development Agency
Recommended Action: Authorize the City Manager to execute an agreement with Families Forward, Inc. to administer an Eviction Prevention Program for a oney ear term beginning November 19, 2024 in an amount not to exceed $73 0,046 (Agreement No. A-2024-187).
MINUTES: Mayor Pro Tem Phan recused herself from Agenda Item No. 11 as the listed entity, Families Forward, Inc., is a client of her employer, Rutan and Tucker.
CITY COUNCIL 10 NOVEMBER 19, 2024
MOTION: Councilmember Bacerra moved to approve the re commended action for Item No. 11, as part of the Consent Calendar , seconded by Councilmember Penaloza.
The motion carried, 601, by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER BACERRA, COUNCILMEMBER
HERNANDEZ, COUNCI LMEMBER LOPEZ,
COUNCILMEMBER PENALOZA , COUNCILMEMBER
VAZQUEZ, MAYOR AMEZCUA
NONE
MAYOR PRO TEM PHAN (recusal)
NONE
Status: 6 – 0 1 – Pass
12. First Amendment to the Fiscal Year (FY) 2024-25 Emergency Solutions Grant (ESG) Subrecipient Agreement with Interval House and Orange County’s United Way, as well as a New Memorandum of Understanding (MOU) with the Santa Ana Police Department for Street Outreach and Engagement
Department(s): Community Development Agency
Recommended Action:
1. Authorize the City Manager to execute a First Amendment to the FY 2024 25 ESG Subrecipient Agreement with Interval House to increase the amount of the agreement by $35,124 to provide additional emergency shelter and supportive services to survivors of domestic violence from the City of Santa Ana (Agreement No. A-2024-188).
2. Authorize the City Manager to execute a First Amendment to the FY 2024 25 ESG Subrecipient Agreement with Orange County’s United Way to increase the amount of the agreement by $17,562 to conduct additional Homeless Management Information System (HMIS) data management ( Agreement No.
A-2024-189).
3. Authorize the City Manager to execute a new Memorandum of Understanding (MOU) with the Santa Ana Police Department (SAPD) for the Homeless Evaluation Assessment Response Team (H .E.A.R.T.) Program to serve Santa Ana residents experiencing homelessness through street outreach and engagement for a new total amount of $81,321. The total funding amount is comprised of $46,197 in FY 202425 E SG funds and a $35,124 reallocation from FY 2023 2 4 ESG funds ( Agreement No. A-2024-190).
CITY COUNCIL 11 NOVEMBER 19, 2024
13. Second Amendment to Legal Services Agreement with Nathan & Kamionski LLP to Amend Hourly Rates
Department(s): City Attorney’s Office
Recommended Action: Approve Second Amendment to Legal Services Agreement with Nathan & Kamionski LLP to amend the hourly rates: Partners from $350 to $325 and Paralegals from $150 to $125 (Agreement No. A-2024-191).
14. Grant Agreement and Appropriation Adjustment Recognizing Grant Revenue in the Amount of $13,627 for the California State Library Zip Books Project
Department(s): Library
Recommended Action:
1. Authorize the Library Services Director to execute a Grant Agreement via DocuSign, accepting grant funds from the California State Library in the amount of $13,627 for the FY 20242 5 Zip Books Project (Agreement No. A-2024-192).
2. Approve an appropriation adjustment recognizing $13,627 into the Library’s Public Library Grant, State Grant D irect revenue account and appropriate the same into the Public Library Grant, Books Records Videos expenditure account to implement the program. (Requires five affirmative votes)
AGENDA ITEM NO. 15 WAS PULLED FOR SEPARATE DISCUSSION AND
CONSIDERATION
15. Approve the Naming of a Park Located Between Fairview Street and King Street
Department(s): Parks, Recreation, and Community Services
Recommended Action: Affirm the Planning Commission’s adoption of a resolution approving Public Facilities Naming No. 2024 01 an d recommend approval of the name “ArtesiaP ilar Park” for the park located between Fairview Street and King Street.
MINUTES: Councilmember Hernandez spoke regarding the historic Artesia Pilar neighborhood and proposed naming the park “La Artista Artesia Pilar Park.”
MOTION: Councilmember Hernandez moved to approve the name of “La Artista Artesia Pilar Park” for the park located between Fairview Street and King Street, seconded by Councilmember Bacerra.
CITY COUNCIL 12 NOVEMBER 19, 2024
The motion carried, 70, by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER BACERRA, COUNCILMEMBER
HERNANDEZ, COUNCILMEMBER LOPEZ,
COUNCILMEMBER PENALOZA , COUNCILMEMBER
VAZQUEZ, MAYOR PRO TEM PHAN, MAYOR AMEZCUA
NONE
NONE
NONE
Status: 7 – 0 – Pass
16. Agreement for Park Host, Volunteer Acknowledgment, Release of Liability, Indemnity Agreement, and Waiver for Thornton Park Park Host
Department(s): Parks, Recreation, and Community Services
Recommended Action: Approve an agreement with Thornton Park park host to complete the pilot Park Host Volunteer Pilot Program by December 31, 2025 (Agreement No. A-2024-193).
17. Revised Grant Agreement with State of California Office of Traffic Safety (“OTS”) (Non-General Fund)
Department(s): Police Department
Recommended Action: Receive and file the revised grant agreement with the State of California Office of Traffic Safety ( “OTS”) for the Selective Traffic Enforcement Program in an amount not to exceed $755,000 approved at the October 1, 2024 City Council meeting (Agreement No. A-2024-156).
18. Agreements with Elite Command Training Corporation, Utility Response Training Associ ates, LLC, and SenseMakers, LLC to Provide Training Services for the Urban Area Security Initiative Grant Program FY2022 - FY2026 (Specification Nos. 23-187A, 23-188A, 23-189A) (Non-General Fund)
Department(s): Police Department
Recommended Action:
Authorize the City Manager to execute three y ear agreements, with two, one y ear renewal options, with the following three vendors to provide on g oing training deliverables to the Anaheim/Santa Ana Urban Area on an asne eded basis, for the threey ear period of N ovember 19, 2024 through November 18, 2027 with two optional oney ear renewals, in an aggregate amount not to exceed $270,444 • Elite Command Training Corporation – total amount not to exceed $83,112 (Agreement No. A-2024-194);
• Utility Response Training Ass ociates, LLC – total amount not to exceed $62,982(Agreement No. A-2024-195);
CITY COUNCIL 13 NOVEMBER 19, 2024
• SenseMakers, LLC – total amount not to exceed $124,350(Agreement No.
A-2024-196).
19. Appropriation Adjustments to Recognize Special Gas Tax and Transportation System Improvement Are a Funds Fund Balance and Amendments to the Fiscal Year 2024-25 Capital Improvement Program for Various Projects
Department(s): Public Works Agency
Recommended Action:
1. Approve an appropriation adjustment recognizing $200,000 of prior y ear fund balance in Special Gas Tax, Prior Year Carry Forward revenue account and Select Street Construction, Transfer from Fund 029 revenue account, and appropriate the same amount into the Gas Tax Interfund Transfer, Transfer to Fund 059 expenditure account and HUTA 2103 Gas Tax, Improvements Other Than Buildings expense account. (Requires five affirmative votes)
2. Approve an appropriation adjustment recognizing $434,400 of prior y ear fund balance in the New Transportation System Improvement Area E, Prior Year Carry Forward revenue account, and appropriate the same amount to the New Transportation System Improvement Area E, Improvements Other Than Buildings expense account. (Requires five affirmative votes)
3. Approve an appropriation adjustment recognizing $5,100,000 in prior year fund balance in the Transportation System Improvement Authorization Area B, Prior Year Carry Forward revenue account, and appropriate the same amount into the Transportation System Improvement Authorization Area B Tustin, Improvements Other Than Buildi ngs expenditure account. (Requires five affirmative votes)
4. Approve an amendment to the Fiscal Year 2024 25 Capital Improvement Program to include $200,000 of Special Gas Tax, HUTA 2103 Gas Tax funds for the 10th Street and Flower Street Project (Project No. 22 13 42).
5. Approve an amendment to the Fiscal Year 2024 25 Capital Improvement Program to include $434,400 of New Transportation System Improvement Area E funds for the Warner Widening Phase 1 Project (Project No. 1468 02).
6. Approve an amendment to the Fiscal Year 2024 25 Capital Improvement Program to include $5,000,000 of Transportation System Improvement Authorization Area B funds for the Warner Phase 2 Widening Project (Project No. 1869 01).
7. Approve an amendment to the Fiscal Year 2024 25 Capital Im provement Program to include $100,000 of Transportation System Improvement Authorization Area B funds for the Warner Phase 2 Bikeway Project (Project No. 2069 71).
CITY COUNCIL 14 NOVEMBER 19, 2024
20. Purchase Order Contracts with Cali State Paving, Inc., Hardy & Harper, Inc., and Paveco Construction Inc. for On- Call Asphalt and Portland Cement Concrete Street Repairs (Specification No. 24-110) (Non-General Fund)
Department(s): Public Works Agency
Recommended Action: Award aggregate purchase order contracts to the vendors listed below for on c all asphalt and portland cement concrete street repairs on an asnee ded basis, in an annual amount not to exceed $2,380,000, for an initial three year term expiring November 18, 2027, with provisions for two, one y ear renewal options.
Vendor
Cali State Paving, Inc.
Location
Riverside, CA
Hardy & Harper, Inc. Lake Forest, CA
Paveco Construction Inc. Riverside, CA
21. Award a Construction Contract to Towo Enterprise Inc. for the Alley Improvements Program (No. 24-6910)(General Fund)
Department(s): Public Works Agency
Recommended Action:
1. Approve the Project Cost Analysis for a total estimated construction delivery cost of $1,970,000, which includes $1,576,000 for the construction contract, $236,400 for contract administration, inspection, and testing, and a $157,600 project contingency for unanticipated or unforeseen work due to the complexity and extensive scope of this project.
2. Award a construction contract to Towo Enterprises Inc., the lowest responsible bidder, in accordance with the base bid and bid alternates in the amount of $1,576,000, subject to change orders, for construction of the Alley Improvements Program (No. 24 69 10), for a term beginning November 19, 2024 and ending upon project completion, and authorize the City Manager to execute the contract.
3. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER202 4 9 w as filed for Project No. 246 910.
CITY COUNCIL 15 NOVEMBER 19, 2024
22. Agreement with Sterling He alth Services, Inc. for Affordable Care Act Compliance Services in an Amount Not to Exceed $50,000 (Non -General Fund)
Department(s): Human Resources
Recommended Action: Authorize the City Manager to execute an agreement with Sterling Health Services, Inc. to provide Affordable Care Act compliance services for three years, effective November 19, 2024 through October 31, 2027, with provisions for two optional one y ear extensions, not to exceed $10,000 per year (Agreement No. A-2024-197).
23. Approve a Second A mendment to City Clerk Employment Agreement and Adopt a Resolution Approving the Council Appointee Salary Schedule
Department(s): Human Resources
Recommended Action:
1. Approve a second amendment to the City Clerk Employment Agreement reflecting the positive City Clerk performance evaluation conducted on October 15, 2024 and approving an adjusted annual salary for the City Clerk and an increase in the amount of deferred compensation provided by the City (Agreement No. A-2024-198).
2. Adopt a resolution updating the City’s Classification and Compensation Plan with the amended annual salary for City Clerk, and approving the Council Appointee Salary Schedule in compliance with the California Public Employees' Retirement System (CalPERS) and Title 2 of the California Code of Regulations section 570.5.
RESOLUTION NO. 2024 -060 entitled A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA TO EFFECT CERTAIN CHANGES TO THE CITY’S CLASSIFICATION AND COMPENSATION PLAN
24. Adopt a Resolution to Effect Certain Changes to the City’s Basic Classification and Compensation Plan and Update the Salary Schedule for Santa Ana Management Association (SAMA)
Department(s): Human Resources
Recommended Action: Adopt a resolution to effect certain changes to the City’s basic classification and compensation plan and to update the salary schedule for SAMA as requested by CalPERS, and in compliance with CalPERS California Code of Regulations section 570.5.
CITY COUNCIL 16 NOVEMBER 19, 2024
RESOLUTION NO. 2024 -061 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO EFFECT CERTAIN CHANGES TO THE CITY’S
CLASSIFICATION AND COMPENSATION PLAN
MINUTES: Approved as amended.
25. Conflict of Interest Code Amendments
Department(s): City Clerk’s Office
Recommended Action: Adopt a resolution approving an amended Conf lict of Interest Code for the City and its agencies and departments.
RESOLUTION NO. 2024 -062 entitled A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA AMENDING THE CONFLICT OF INTEREST CODE
OF THE CITY AND VARIOUS AGENCIES AND DEPARTMENTS
26. Resolution and Appropriation Adjustment Accepting The James Irvine Foundation – Better Career’s Public Sector Practice Change Grant
Department(s): Community Development Agency
Recommended Action:
1. Adopt a resolution to accept The James Irvine Foundation – Better Career’s Public Sector Practice Change grant for $300,000 for a two y ear term ending November 2026.
RESOLUTION NO. 2024 -063 entitled A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA APPROVING THE ACCEPTANCE
OF GRANT FUNDS FROM THE IRVINE FOUNDA TION TO IMPROVE
COORDINATION, SERVICE DELIVERY, AND SUPPORT TO LOW I NCOME
COMMUNITIES IN SANTA ANA
2. Authorize the City Manager, or designee, to sign and submit all documents including the initial agreement, and amendments which may be necessary for the completion of the project.
3. Approve an appropriation adjustment to recognize $300,000 in funds to James Irvine Foundation GrantO ther account (no. 13118002 5 2040) and appropriating the same amount into the James Irvine Foundation expenditure account (no. 13118700v arious) (Requires five affirmative votes).
CITY COUNCIL 17 NOVEMBER 19, 2024
27. Resolution Authorizing a Reciprocal Agreement with the California Franchise Tax Board for the Exchange of Business License Tax Data
Department(s): Finance and Management Services
Recommended Action:
1. Adopt a resolution authorizing a reciprocal agreement with the California Franchise Tax Board for the exchange of business license tax data.
RESOLUTION NO. 2024 -064 entitled A RESOLUTION OF THE CITY OF
SANTA ANA AUTHORIZING A RECIPROCAL AGREEMENT WITH THE
CALIFONIA FRANCHISE TAX BOARD FOR THE EXCHANGE OF BUSINESS
LICENSE TAX DATA
2. Approve a non f inancial reciprocal agreement with the California Franchise Tax Board for the exchange of business license tax data ( Agreement No. A-2024- 199).
28. Resolution Approving the Acceptance of Contract Funds from the California Department of Social Services (CDSS)
Department(s): Parks, Recreation, and Community Services
Recommended Action:
1. Adopt a resolution approving the acceptance of contract funds from CDSS for startup fundi ng for after school care and full day camps for child care and development programming.
RESOLUTION NO. 2024 -065 entitled A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA ACCEPTING CONTRACT FUNDS
FROM THE CALIFORNIA DEPARTMENT OF SOCIAL SERVICES F OR
PROVISION OF CHILD CARE AND DEVELOPMENT SERVICES AND
AUTHORIZING THE CITY MANAGER OR DESIGNEE TO NEGOTIATE AND
EXECUTE ANY AGREEMENTS OR AMENDMENTS THERETO THAT MAY BE
NECESSARY
2. Approve the agreement with CDSS for child care and development programming (Agreement No. A-2024-200).
3. Approve an appropriation adjustment for program startup funding to recognize $915,583 from the CDSS in the PRCSA Revenue Account, Center Programs (1311300253 301) and appropriate the same amount in the PRCSA, Child Development Services expenditure accounts (13113251 v arious). (Requires five affirmative votes)
4. Adopt a resolution amending the current fiscal year 2024 2 025 annual budget to adjust fullt ime positions in the Parks, Recreation, and Community Services Agency, including additions and a reallocation. (Requires five affirmative votes) CITY COUNCIL 18 NOVEMBER 19, 2024
RESOLUTION NO. 2024 -066 entitled A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA TO AMEND THE CURRENT FISCAL YEAR 20242 025 ANNUAL BUDGET TO ADD FULLT IME POSITIONS IN THE
PARKS, RECREATION AND COMMUNITY SERVICES AGENCY
29. Third One-Year Extension of Site Plan Review No. 2016-03 and Variance Nos. 2017-05 and 2017- 06 for The Madison Mixed -Use Development Project Located at 200 North Cabrillo Park Drive
Department(s): Planning and Building Agency
Recommended Action:
1. Adopt a resolution approving a third and final one y ear extension of Site Plan Review No. 2016 03 , Variance No. 2017 0 5, and Variance No. 2017 06 t o December 31, 2025.
RESOLUTION NO. 2024 -067 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING A THIRD ONE Y EAR EXTENSION OF SITE PLAN REVIEW NO. 20160 3, VARIANCE NO. 201705, AND VARIANCE NO. 2017 0 6 FOR THE MADISON MIXED U SE
DEVELOPMENT LOCATED AT 200 NORTH CABRILLO PARK DRIVE
2. Determine that, pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the extension for this project is exempt pursuant to Section 15061(b)(3). This determination has been made as it has been determined that the proposed action to extend the existing, approved entitlement does not have the potential to cause a significant effect on the environment, as the existing, approved entitlement has already been evaluated pursuant to CEQA.
30. Third One-Year Extension of Site Plan Review No. 2020- 03 and Variance No. 2020-06 for the 4th and Mortimer Mixed-Use Development Project Located at 409 and 509 East Fourth Street
Department(s): Planning and Building Agency
Recommended Action:
1. Adopt a resolution approving a third and final one y ear extension of Site Plan Review No. 20200 3 and Variance No. 2020 06 t o December 15, 2025.
RESOLUTION NO. 2024 -068 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING A THIRD ONE Y EAR EXTENSION OF SITE PLAN REVIEW 20200 3 AND VARIANCE NO. 202006 FOR THE 4TH AND MORTIMER MIXEDU SE DEVELOPMENT LOCATED AT 409 AND 509 EAST FOURTH STREET
CITY COUNCIL 19 NOVEMBER 19, 2024
2. Determine that, pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the extension for this project is exempt pursuant to Section 15061(b)(3). This determination has been made as it has been determined that the proposed action to extend the existing, approved entitlement does not have the potential to cause a significant effect on the environment, as the existing, approved entitlement has already been evaluated pursuant to CEQA.
AGENDA ITEM NO. 31 WAS PULLED FOR SEPARATE DISCUSSION AND
CONSIDERATION
31. Resolutions Authorizing Grant Applications for the Fiscal Year 2025 -26 Measure M2 Comprehensive Transportation Funding Program (Non- General Fund)
Department(s): Public Works Agency
Recommended Action:
1. Adopt resolutions authorizing the City of Santa Ana to submit applications for funding consideration under the Measure M2 Comprehensive Transportation Funding Program 202526 C all for Projects.
RESOLUTION NO. 2024 -069 entitled A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA APPROVING THE SUBMITTAL OF
IMPROVEMENT PROJECTS TO THE ORANGE COUNTY
TRANSPORTATION AUTHORITY FOR FUNDING UNDER THE
COMPREHENSIVE TRANSPORTATION PROGRAM
RESOLUTION NO. 2024-070 entitled A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA APPROVING THE SUBMITTAL OF
IMPROVEMENT PROJECTS TO THE ORANGE COUNTY
TRANSPORTATION AUTHORITY FOR FUNDING UNDER THE REGIONAL
TRAFFIC SIGNAL SYNCHRONIZATION PROGRAM
2. Direct staff t o incorporate approved Comprehensive Transportation Funding Program projects into the SevenY ear Capital Improvement Program for Fiscal Year 202526.
MINUTES: Councilmember Hernandez spoke in support of the item.
MOTION: Councilmember Hernandez moved to approve the re commended action for Item No. 31, seconded by Councilmember Penaloza.
The motion carried, 70, by the following roll call vote:
CITY COUNCIL 20 NOVEMBER 19, 2024
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER BACERRA, COUNCILMEMBER
HERNANDEZ, COUNCI LMEMBER LOPEZ,
COUNCILMEMBER PENALOZA , COUNCILMEMBER
VAZQUEZ, MAYOR PRO TEM PHAN, MAYOR AMEZCUA
NONE
NONE
NONE
Status: 7 – 0 – Pass
*END OF CONSENT CALENDAR**
MINUTES: At 7:50 P.M., the Business Calendar was considered.
32. Ordinance Adding Article XIV to Chapter 10 (Crimes and Miscellaneous Law Enforcement Provision) and Amending Related Sections in Chapter 31, Chapter 33, and Chapter 36 of the Santa Ana Municipal Code
Department(s): Police Department
Recommended Action: Conduct a first reading and adopt an ordinance adding and amending various articles and sections of the Santa Ana Municipal Code to prohibit conduct that interferes with public rights of access to public property to address changes in the law brought by the City of Grants Pass, Oregon v. Johnson, et. al., 144 S. Ct. 2202 (2024):
ORDINANCE NO. NS -XXXX entitled AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA ADDING ARTICLE XIV (PROHIBITING
INTERFERENCE WITH AND ACCESS TO PUBLIC PROPERTY) TO CHAPTER 10 (CRIMES AND MISCELLANEOUS LAW ENFORCEMENT PROV ISIONS) OF
THE SANTA ANA MUNICIPAL CODE AND AMENDING RELATED SECTIONS IN CHAPTER 10, CHAPTER 31 (RECREATION, PARKS AND PLAYGROUNDS), CHAPTER 33 (STREETS, SIDEWALKS AND PUBLIC WORKS, AND CHAPTER 36 (TRAFFIC) TO PROHIBIT CONDUCT THAT INTERFERES WITH PUBLIC
RIGHTS OF ACCESS TO PUBLIC PROPERTY TO ADDRESS CHANGES IN LAW BROUGHT ABOUT BY CITY OF GRANTS PASS, OREGON V. JOHNSON, ET.
AL., 144 S. Ct. 2202 (2024)
MINUTES: Acting Police Chief Robert Rodriguez gave a presentation regarding the municipal code update amendments to Chapters 10, 31, 33, and 36 and adding Chapter 10 Article 14.
Councilmember Bacerra spoke in support of the item and inquired with City Attorney Sonia Carvalho regarding possible restrictions in modifying the following sections:
10-851(h)(6) and (7) and 10-100(a)(6) and (7) to increase the distance listed from 10 feet to 20 feet.
BUSINESS CALENDAR
CITY COUNCIL 21 NOVEMBER 19, 2024
MOTION: Councilmember Bacerra moved to approve the recommended action for Item No. 32, as amended, to increase the distance listed from 10 feet to 20 feet, seconded by Mayor Amezcua.
MINUTES: City Attorney Sonia Carvalho stated that she was not aware of any legal restrictions that would prevent the section modification.
Mayor Amezcua spoke in support of the Item No. 32.
Councilmember Penaloza spoke in support of Item No. 32.
Councilmember Vazquez spoke regarding homelessness, possible legal action against the Orange County Sheriff’s Department, increasing the number of Quality of Life Teams (QOLT) serving the City, and in opposition to Item No. 32.
Councilmember Penaloza recommended Council send an official letter to the office of Orange County Supervisor Sarmiento requesting a policy change with the OC Sheriff’s Department.
Councilmember Hernandez spoke regarding a collaborative approach to homelessness, OC Sheriff’s enforcement, and in opposition to Item No. 32.
Council d iscussion ensued regarding homelessness, prioritizing residents, and public safety.
Mayor Pro Tem Phan requested the removal of the following language from section 10-401(a):
• Use of vehicle for human habitation
• To live in a vehicle
• the person having with them pillows, blankets , and medical waste that is stores in buckets, bottles, or similar containers
10-104(c)
• Hammocks
Section 10-851(e)
• Removable chair and cooler
Modify Section 10-852(d) to make it a requirement for officers to offer treatment.
Remove Section 10-852(e)
Councilmember Hernandez directed everyone to the following link:
https://www.santa-ana.org/homeless-services-data-dashboard/ and discussed the
available data.
CITY COUNCIL 22 NOVEMBER 19, 2024
City Manager Alvaro Nuñez spoke regarding homeless shelters, the disparity in services provided by the City in comparison to other cities in the county, and addressed Councilmember Hernandez’s concerns.
Councilmember Bacerra spoke regarding the large number of homeless who are not native to the City and spoke in opposition to Mayor Pro Tem Phan’s proposed amendments.
Discussion ensued regarding homelessness data in the City.
Councilmember Lopez spoke regarding the mySantaA na App, thanked staff for all of their hard work towards addressing the ongoing homeless crisis, and echoed Mayor Pro Tem Phan’s comments on camping in vehicles. She r equested clarification regarding the “citing officer,” spoke in support of removing Section 10- 403 (e), inquired about substance abuse treatment available to the City’s residents, and requested the language in 10-852(d) be amended to ensure it is mandatory.
Councilmember Penaloza suggest ed to continue the i tem to the next council meeting.
Mayor Pro Tem Phan requested that the language in Section 10- 852(d) be amended to require officers to offer substance abuse treatment to Santa A na residents only. She requested clarifying language in Sections 33-113(b) and (c), and requested to strike “sitting” from Sections 33-113(b) and strike section (c).
Mayor Amezcua thanked staff for maintaining the City ’s bus benches, spoke in support of officers ability to appropriately use their discretion to enforce violations, and homeless shelter availability.
Councilmember Lopez requested Section 10-550 be amended to include language encompassing all service animals, not just dogs , requested clarifying language in Section 10-851(e), and she asked that staff take the lives of the City’s residents into account when drafting the amended ordinance.
Councilmember B acerra requested that at the next City Council meeting, staff provide a list and breakdown of each councilmember’s requested amendments.
City Attorney Sonia Carvalho stated that she will take all of Council’s comments into consideration when reworking the ordinance and will work with staff to bring back a recommendation.
Given the number of requested amendments, City Manager Alvaro Nuñez requested 30 days to rework the ordinance and present it to Council at the December 17, 2024 meeting.
CITY COUNCIL 23 NOVEMBER 19, 2024
SUBSTITUTE MOTION: Councilmember Penaloza to continue the item to the City Council meeting of December 17 , 2024 seconded by Councilmember Bacerra.
The substitute motion carried, 61, by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER BACERRA, COUNCILMEMBER
HERNANDEZ, COUNCILMEM BER LOPEZ,
COUNCILMEMBER PENALOZA, MAYOR PRO TEM PHAN ,
MAYOR AMEZCUA
COUNCILMEMBER VAZQUEZ
NONE
NONE
Status: 6 – 1 – Pass
RECESS
MINUTES: Mayor Amezcua recessed the City Council meeting at 9:23 P.M.
RECONVENE
MINUTES: Mayor Amezcua reconvened the City Council meeting to order at 9:40 P.M.
33. Investigation Regarding Councilmember Johnathan Ryan Hernandez (Continued from the Special Meeting of October 28, 2024; Item No. 1)
Department(s): City Manager’s Office
Recommended Action: Discuss and Address Potential Remedies Regarding the Investigator’s Sustained Findings Regarding Councilmember Johnathan Ryan Hernandez and Take Potential Action or Direct Staff Accordingly.
MOTION: Councilmember Lopez moved to receive and file the investigation report, seconded by Councilmember Penaloza.
MINUTES: Mayor Pro Tem Phan spoke regarding the investigation report, requested that Councilmember Hernandez attend training related to working with staff, and that he recuse himself from the appointment of Mayor Pro Tem for one year.
MINUTES: Councilmember Bacerra requested a formal censure and Councilmember Hernandez be removed from all boards, c ommissions , and committees he currently serves on .
Councilmember Lopez spoke regarding the lack of consistency regarding Council ’s processes.
CITY COUNCIL 24 NOVEMBER 19, 2024
SUBSTITUTE MOTION: Mayor Pro Tem Phan moved to receive and file the investigation report, require training related to working with staff, and to have Councilmember Hernandez not be eligible to serve as Mayor Pro Tem for one- year, seconded by Councilmember Penaloza.
The substitute motion carried, 421, by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER BACERRA, COUNCILMEMBER
PENALOZA, MAYOR PRO TEM PHAN, MAYOR AMEZCUA
COUNCILMEMBER LOPEZ, COUNCILMEMBER VAZQUEZ
COUNCILMEMBER HERNANDEZ
NONE
Status: 4 – 2 1– Pass
**END OF BUSINESS CALENDAR**
PUBLIC HEARINGS
PUBLIC COMMENTS – Members of the public may address the City Council on each of the Public Hearing items.
MINUTES: At 9:57 P.M., Public Hearings were considered.
34. Public Hearing - Appeal Application No. 2024- 01, Appealing the Decision of the Planning Commission to Approve Conditional Use Permit (CUP) No. 2022- 06 Allowing the Construction of an Accessory Structure within the Rear Yard of an Existing Single -Family Residence Located at 2221 North Heliotrope Drive (APNs: 002-081-45 And 002-081-46)
Legal notice published in the OC Reporter on November 6, 2024 and mailed on November 7, 2024.
Department(s): Planning and Building Agency
Recommended Action:
1. Adopt a resolution denying Appeal Application No. 2024 01, upholding the Planning Commission’s approval of a resolution to approve Conditional Use Permit (CUP) No. 2022 06 t o allow the construction of an accessory structure within the rear yard of an existing singlef amily residence located at 2221 North Heliotrope Drive (APNs: 002081 4 5 and 002081 46) .
CITY COUNCIL 25 NOVEMBER 19, 2024
RESOLUTION NO. 2024 -071 entitled A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA DENYING APPEAL APPLICATION NO. 20240 1 AND UPHOLDING THE DETERMINATION OF THE PLANNING COMMISSION TO APPROVE CONDITIONAL USE PERMIT NO. 2022 0 6 AS
CONDITIONED TO ALLOW THE CONSTRUCTION OF AN A CCESSORY
STRUCTURE EXCEEDING FIFTEEN FEET IN HEIGHT WITHIN THE REAR YARD OF THE PROPERTY LOCATED AT 2221 NORTH HELIOTROPE DRIVE (APN: 002081 45 A ND 002 08 146)
2. Determine that, pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review pursuant to Section 15303 of the CEQA Guidelines (Class 3 N ew Construction or Conversion of Small Structures) because the project involves the construction of a small accessory structure.
MINUTES: Planning and Building Executive Director Minh Thai gave a presentation regarding the Appeal Application No. 2024 -01, appealing approval of Conditional Use Permit No. 2022-06 for property located at 2221 North Heliotrope Dr.
Mayor Pro Tem Phan recorded that she has corresponded with the applicant and is familiar with the family.
Mayor Amezcua reported that she has visited the property.
Councilmember Lopez spoke regarding correspondence the applicant submitted to her office.
Mayor Amezcua opened the Public Hearing a 10:03 P.M.
City Clerk Jennifer L. Hall reported out the summary of (13) email comments received.
T
he following speakers addressed the City Council in-pe
rson:
1. Quynh Kieu, Applicant, stated she does not intend to make her home a museum, spoke regarding preserving the historical nature of Floral Park, high school visits to the property, and in support of the proposed resolution.
2. Peter Christoffersen, Appellant, expressed concern regarding the approval of the conditional use permit.
3. Bryan Zada spoke regarding Project Vietnam and that as the future executor of the estate he has no intention to make the property a cultural center.
4. Denise Silva expressed concern regarding traffic caused by the property, zoning issues, preserving history, and spoke in oppos ition to the approval of the conditional use permit.
CITY COUNCIL 26 NOVEMBER 19, 2024
5. M ike Silva expressed concern regarding the size of the structure, traffic, and spoke in opposition to the approval of the conditional use permit.
6. A ngel Barnes expressed concern regarding the size of the structure and spoke in opposition to the approval of the conditional use permit.
7. Ed Murashie expressed concern regarding the size of the structure, the Planning Commission’s decision , and spoke in opposition to the approval of the conditional use permit.
8. Maureen Lukaszewski expressed concern regarding the size of the structure and spoke in opposition to the approval of the conditional use permit.
9. Diana Christoffersen expressed concern regarding the size of the structure and previous code violations by the property owners.
10. Annie Burns expressed concern regarding the size of the structure and spoke in opposition to the approval of the conditional use permit.
11. Erwin Schauwecker spoke in opposition to the approval of the conditional use permit.
12. Ellen Roldewey spoke in opposition to the approval of the conditional use permit.
13. Laszlo Biro spoke in opposition to the approval of the conditional use permit.
14. Dr. Michael Hirsch spoke in opposition to the approval of the conditional use permit and requested the main house on the property be restored and maintained before adding additional structures.
15. Louise Hoffman spoke in opposition to the approval of the conditional use permit.
16. Stacey Kato spoke regarding previous building code violations by the applicant.
17. Tracy Nguyen spoke in support of the project.
18. Dean McCleskey spoke in support of the project.
19. Miguel Pulido spoke in support of the project.
The following speaker addressed the City Council via teleconference:
20. Manny Escamilla requested landmark structures go to the Historic Resource Commission prior to the Planning Commission and spoke in support of the project.
CITY COUNCIL 27 NOVEMBER 19, 2024
Continued in-person comments:
21. Peter Christoffersen, Appellant, provided a rebuttal to the comments made in support of the conditional use permit and requested Council take all of the facts into account when making their final decision.
22. Quynh Kieu, Applicant, provided a rebuttal to the comments made in opposition to the approval of the conditional use permit.
City Attorney Sonia Carvalho announced that pursuant to Resolution No. 2023-047 all 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 upon prior to 11:59 P.M. and will continue all other items.
MOTION: Councilmember Bacerra moved to consider the public hearing items and continue the remaining items to the next City Council meeting.
SUBSTITUTE MOTION: Councilmember Hernandez moved to approve Agenda Item No. 34 and continue the remaining item s to the next meeting, seconded by Mayor Amezcua.
SUBSTITUTE MOTION: Councilmember Vazquez moved to consider Item Nos. 34 and 36 and continue the remaining items to the next City Council meeting.
MINUTES: There being no additional speakers, Mayor Amezcua closed the Public Hearing at 11:04 P.M.
Mayor Pro Tem Phan inquired about any complaints received related to traffic and unpermitted events in the neighborhood.
Councilmember Penaloza spoke in support of the project.
Councilmember Bacerra spoke regarding the architectural style of the home, stated the structure does not belong in the neighborhood, and proposed additional landscaping conditions.
MOTION: Mayor Pro Tem Phan moved to approve the recommended ac tion for Agenda Item No. 34, seconded by Councilmember Penaloza.
The motion carried, 61, by the following roll call vote:
CITY COUNCIL 28 NOVEMBER 19, 2024
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER HERNANDEZ, COUNCILMEM BER
LOPEZ, COUNCILMEMBER PENALOZA ,
COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM PHAN,
MAYOR AMEZCUA
COUNCILMEMBER BACERRA
NONE
NONE
Status: 6 – 1 – Pass
MOTION: Councilmember Hernandez moved to continue the remaining items to the next Council meeting, seconded by Mayor Amezcua.
SUBSTITUTE MOTION: Councilmember Herna ndez moved to address Councilmember requested items and continue the remaining items to the next meeting, seconded by Councilmember Vazquez.
SUBSTITUTE MOTION: Counc ilmember Bacerra moved to consider the entirety of the agenda, seconded by Councilmember Penaloza.
The motion carried, 61, by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER BACERRA, COUNCILMEMBER
HERNANDEZ, COUNCILMEMBER PENALOZA ,
COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM PHAN ,
MAYOR AMEZCUA
COUNCILMEMBER LOPEZ
NONE
NONE
Status: 6 – 1 – Pass
35. Public Hearing – Conduct a First Reading and Adopt Ordinance Amendment (OA) No. 2024- 04 Repealing and Reenacting in its Entirety Article XXI to Chapter 8 of the Santa Ana Municipal Code (SAMC) Prohibiting Short -Term Rentals (STRs), and Adopt Enhanced Fines for Violations of the Short -Term Rentals Ordinance
Published in the OC Reporter on November 8, 2024.
Department(s): Planning and Building Agency
Recommended Action:
1. Introduce for first reading an ordinance (OA No. 2024 04) amending the Santa Ana Municipal Code (SAMC) to repeal and reenact in its entirety Article XXI to Chapter 8 of the SAMC prohibiting ShortT erm Rentals.
CITY COUNCIL 29 NOVEMBER 19, 2024
ORDINANCE NO. NS-3072 entitled AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA, CALIFORNIA, REPEALING AND
REENACTING IN ITS ENTIRETY ARTICLE XXI TO CHAPTER 8 OF THE SANTA ANA MUNICIPAL CODE PROHIBITING SHORTT ERM RENTALS
2. Adopt a resolution setting administrative fines for violating provisions of the Santa Ana Municipal Code.
RESOLUTION NO. 2024-072 entitled A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA SETTING ADMINISTRATIVE FINES
FOR VIOLATING PROVISIONS OF THE SANTA ANA MUNICIPAL CODE
3. Find that, in accordance with the California Environmental Quality Act (CEQA), based on the substantial evidence set forth in the record, including but not limited to the General Plan Update Final Program Environmental Impact Report (State Clearinghouse No. 2020029087) and the Addendum prepared for adoption of the proposed Ordinance and Resolution, the project is exempt from further environmental analysis. In the alternative, the adoption of the Ordinance and Resolution is categorically exempt pursuant to State CEQA Guidelines section 15301 – Class 1, Existing Facilities.
MINUTES: Mayor Amezcua opened the Public Hearing a 11:22 P .M. and announced that public comments have been limited to two minutes.
City Clerk Jennifer L. Hall reported out the summary of (14) email comments received.
T
he following speakers addressed the City Council in-pe
rson:
1. Cenorino Gomez (translation: Spanish) spoke in support of the item.
2. Jeremy LeClair spoke in opposition to the item.
3. Sheri Menke spoke in opposition to the item.
4. Ana Gomez spoke in opposition to the item.
5. Richard Austin spoke in opposition to the item.
6. Maura O’Neil spoke in support of the item.
7. Marisela Alfora (translation: Spanish) spoke in opposition to the item.
8. Ynai Brice spoke in support of the item.
9. Teresa Garcia (translation: Spanish) spoke in support of the item.
CITY COUNCIL 30 NOVEMBER 19, 2024
10. Ana Sarahi Banales (translation: Spanish) spoke in support of the item.
11. Jimena Baculima (translation: Spanish) spoke in support of the item.
12. Juan Pedro (translation: Spanish) spoke in support of the item.
13. Dave Wong spoke in opposition to the item.
14. Leticia Vallejo spoke in support of the item.
15. Estefany Castañeda spoke in support of the item.
16. Miguel Bautista spoke in support of the item.
17. Maria Mazariegos (translation: Spanish) spoke in support of the item.
18. Anh Nguyen spoke in support of the item.
The following speaker addressed the City Council via teleconference:
19. Reverend Wesley Menke spoke in opposition to the item.
There being no additional speakers, Mayor Amezcua closed the Public Hearing at 11:56 P.M.
MOTION: Councilmember Bacerra moved to approve the recommended action for Agenda Item No. 35, seconded by Councilmember Hernandez.
MINUTES: Councilmember Lopez asked for clarification regarding data provided by staff.
Planning and Building Executive Director Minh Thai provided clarification and spoke regarding the reason for the re-adoption of the ordinance.
The motion carried, 61, by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER BACERRA, COUNCILMEMBER
HERNANDEZ, COUNCILMEM BER LOPEZ,
COUNCILMEMBER PENALOZA , COUNCILMEM BER
VAZQUEZ, MAYOR PRO TEM PHAN
MAYOR AMEZCUA
NONE
NONE
Status: 6 – 1 – Pass
**END OF PUBLIC HEARINGS**
CITY COUNCIL 31 NOVEMBER 19, 2024
COUNCILMEMBER REQUESTED ITEM
36. Discuss Consider Directing the City Manager, City Attorney, and City Clerk to Draft a Resolution Issuing a Formal Apology to the Family of Edgar Vargas, an Undocumented Young Man, who was a Victim of Police Misconduct in 2014 Which Resulted in his Wrongful Transfer to U.S. Immigration and Customs Enforcement (ICE) – Councilmember Vazquez
MINUTES: Councilmember Vazquez spoke regarding the Edgar Vargas ’ incident.
Councilmember Hernandez expressed support for the item.
Mayor Amezcua expressed her condolences to the mother of Edgar Vargas and proposed this item be given to the Police Oversight Commission. She briefly spoke regarding the invest igation report handled in 2014 and spoke in opposition to the item.
Mayor Pro Tem Phan spoke in support of the item and requested a resolution be brought back to the City Council.
Councilmember Lopez echoed previous comments.
Councilmember Penaloza requested the item come back to the City Council.
Councilmember Bacerra stated this item was already investigated and should not be brought back for discussion.
37. Discuss and Consider Directing the City Manager, City Attorney, and City Clerk to Prepare an Or dinance Prohibiting Contracts with City Officials and their Immediate Family Members – Councilmember Lopez
MINUTES: Councilmember Lopez requested an ordinance prohibiting contracts with city officials and their immediate family members be brought to the City Council for consideration and spoke regarding corruption.
Mayor Amezcua spoke in support of the item and requested additional elected officials be added to the report. She requested staff look into all contracts.
Councilmember Hernandez spoke in supp ort of the item.
Councilmember Penaloza requested the item come back to the City Council and requested a receive and file related to the City Council’s discretionary fund be added to the item when it comes back for consideration.
CITY COUNCIL 32 NOVEMBER 19, 2024
CITY MANAGER COMMENTS
MINUTES: None.
COUNCIL COMMENTS
AB1234 DISCLOSURE – If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended.
MINUTES: Councilmember Bacerra requested the meeting be adjourned in memory of former Mayor and Congressman Jerry Patterson.
ADJOURNMENT – Adjourn the City Council meeting.
MINUTES: Mayor Amezcua adjourned the City Council Meeting in memory of former Congressman Jerry Patterson and her grandmother Linda, at 12:22 A.M. on November 20, 2024.
Respectfully submitted:
___________________________
Jennifer L. Hall, CMC
City Clerk