CITY COUNCIL 1 DECEMBER 3, 2024
DRAFT Minutes of the Regular Meeting
of the City Council
City of Santa Ana,
California
December 3, 2024
CLOSED SESSION MEETING – 5:00 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 5:13 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 and Vazquez, Mayor Pro Tem Phan, and Mayor Amezcua were present. Councilmembers Hernandez and Penaloza arrived during Closed Session.
Councilmember Lopez was absent.
CITY COUNCIL 2 DECEMBER 3, 2024
ADDITIONS\DELETIONS TO CLOSED SESSION
MINUTES: None.
PUBLIC COMMENTS – Members of the public may address the City Council on Closed Session items.
MINUTES: None.
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 5:15 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 REAL PROPERTY NEGOTIATOR pursuant to Government Code Section 54956.8:
Property: 1920-2002 W. First Street, APN 007-332-04 & 007-332-05 Agency Negotiator: Nabil Saba, Executive Director of Public Works Negotiating Parties: Kacey Taormina, Broker Associate
Under Negotiation: Price and Terms of Payment
CLOSED SESSION 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 REGULAR OPEN SESSION
CALL TO ORDER
MINUTES: Mayor Amezcua convened the City Council Meeting to order at 5:56 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 COUNCIL 3 DECEMBER 3, 2024
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 (arrived at 6:00 P.M.) , Lopez, Penaloza, and Vazquez, Mayor Pro Tem Phan, and Mayor Amezcua were present.
PLEDGE OF ALLEGIANCE Wyatt Malfavon
WORDS OF INSPIRATION Police Chaplain Bob Barnett
ADDITIONS\DELETIONS TO THE AGENDA
MINUTES: None.
CEREMONIAL PRESENTATIONS
1. Certificate of Recognition presented by Mayor Amezcua to Encompass for their Outstanding Contributions to the Community
MINUTES: Mayor Amezcua presented a certificate of recognition to Encompass for their outstanding contributions to the community.
2. Certificate of Recognition presented by Councilmember Lopez to Access California Services for their Outstanding Contributions to the Community
MINUTES: Councilmember Lopez presented a certificate of recognition to Access California Services for their outstanding contributions to the community.
STAFF PRESENTATIONS
3. Youth Commission Introductions and Update
MINUTES: Parks, Recreation, and Community Services E xecutive Director Hawk Scott gave a presentation regarding the Youth Commission. The Youth Commissioners introduced themselves.
CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed Session.
MINUTES: None.
CITY COUNCIL 4 DECEMBER 3, 2024
PUBLIC COMMENTS – Public comments will be held during the beginning of the meeting for ALL comments on agenda and non-agenda items.
MINUTES: City Clerk Jennifer L. Hall reported out the summary of email comments received: (4) Agenda Item No. 15 comments and (14) Non-Agenda comments.
The following speakers addressed City Council in-person:
1. Mike Tardif spoke regarding the impacts of the Transit Zoning Code.
2. Jason Rush echoed previous comments.
The following speakers addressed City Council via teleconference:
3. Patty De Santos spoke regarding the R elated Bristol Oversight Committee and community funds.
4. Ana Gomez spoke in opposition to Agenda Item No. 15.
RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 4 through 15 and waive reading of all resolutions and ordinances.
MINUTES: At 6:43 P.M., the Consent Calendar was considered.
Councilmember Hernandez requested to comment on Agenda Item No. 9 and pulled Agenda Item No. 13 for separate discussion and consideration.
Mayor Amezcua pulled Agenda Item No. 9 for separate discussion and consideration and announced a “no” vote on Agenda Item No. 15.
MOTION: Councilmember Hernandez moved to approve Consent Calendar Item Nos. 4 through 15 with the exception of Agenda Item Nos. 9 and 13 pulled for separate discussion and consideration, seconded by Councilmember Penaloza.
The motion carried, 7-0, 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
CONSENT CALENDAR
CITY COUNCIL 5 DECEMBER 3, 2024
4. Excused Absences
Department(s): City Clerk’s Office
Recommended Action: Excuse the absent members.
5. Receive and File Quarterly Report of Investments as of September 30, 2024
Department(s): Finance and Management Services
Recommended Action: Receive and file.
6. Receive and File Quarterly Report of Contracts up to $50,000 for Non -Public Works and up to $500,000 for Public Works Authorized by the City Manager as Permitted by Charter Section 421
Department(s): Finance and Management Services
Recommended Action: Receive and file Quarterly Report of Contracts entered into between July 1, 2024 to September 30, 2024.
7. Receive and File the American Rescue Plan Act (ARPA) Project Update
Department(s): Finance and Management Services
Recommended Action: Receive and file the American Rescue Plan Act (ARPA) project update demonstrating that the City has obligated the entire funding allocation by the deadline of December 31, 2024.
8. Agreement with Benefit Financial Services Group for Administrative, Investment, and Communication Advisory Services
Department(s): Finance and Management Services
Recommended Action: Authorize the City Manager to execute an agreement with Benefit Financial Services Group ("BFSG") for administrative, investment, and communication advisory services for a total aggregate amount not -to-exceed $175,000 for a three-year term beginning January 1, 2025, and expiring December 31, 2027, with a provision for a two-year extension (Agreement No. A-2024-201).
AGENDA ITEM NO. 9 WAS PULLED FOR SEPARATE DISCUSSION AND
CONSIDERATION
9. Agreement with Rattle Tech LLC for the Implementation of a Citizen Request Mobile App and Backend Work Management System (Specification No. 24- 099A) (General Fund and Non-General Fund) (Revive Santa Ana)
CITY COUNCIL 6 DECEMBER 3, 2024
Department(s): Information Technology
Recommended Action: Authorize the City Manager to execute an agreement with Rattle Tech, LLC for Civita App community engagement platform and professional services, for an amount not to exceed $100,000 annually, for a total aggregate amount not to exceed $500,000, for an initial one- year term beginning January 1, 2025, with provisions for four optional one-year renewals (Agreement No. A-2024- 202).
MINUTES: Mayor Amezcua spoke in support of the item.
Councilmember Hernandez spoke in support of the item.
MOTION: Councilmember Hernandez moved to approve the re commended action for Item No. 9, seconded by Mayor Amezcua.
The motion carried, 7-0, 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
10. First Amendment to Agreement with Allied Universal Janitorial Services (General Fund)
Department(s): Police Department
Recommended Action: Authorize the City Manager to execute the first amendment to the agreement with Allied Universal Executive Protection and Intelligence Services, Inc. dba Allied Universal Janitorial Services to provide janitorial services at the Police Department in the additional amount of $739,123, for a total aggregate amount not to exceed $2,972,646 through October 31, 2025 (Agreement No. A-2024-203).
11. Amend Purchase and Sale Agreement with Santana Green Development, LLC to Extend the Deadline to Open Business at 2235 S outh Bristol Street by 18 Months
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute the first amendment to the agreement with Santana Green Development, LLC to extend the CITY COUNCIL 7 DECEMBER 3, 2024
deadline to open for business to the public a drive- thru restaurant or fuel station with integrated electric vehicle charging stati on at 2235 South Bristol Street by 18 months (Agreement No. A-2024-204).
12. Municipal Facilities License Agreement with Los Angeles SMSA Limited Partnership, dba Verizon Wireless, a California Limited Partnership
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute an agreement with Los Angeles SMSA Limited Partnership, dba Verizon Wireless, a California limited partnership, for the use of street lights for the installation of wireless devices other than small cell for a ten- year period, with provisions for two automatic five- year extensions (Agreement No. A-2024-205).
AGENDA ITEM NO. 13 WAS PULLED FOR SEPARATE DISCUSSION AND
CONSIDERATION
13. Agreement with RMF Contracting, Inc. dba R&M Electrical Contracting to Provide Lighting at Angels Park (No. 22-1421), Centennial Park (No. 22-1422), and Delhi Park (No. 22-1423) (Non-General Fund) (Revive Santa Ana)
Department(s): Public Works Agency
Recommended Action:
1. Approve an appropriation adjustment recognizing $187,665 of accumulated fund balance in Acquisition and Development, Prior Year Carry Forward revenue account (31213002-50001) that will be appropriated for spending in the Acquisition and Development, Improvements Other Than Buildings expenditure account (31213260-66220). (Requires five affirmative votes)
2. Approve an appropriation adjustment recognizing $82,058 of accumulated fund balance in Acquisition and Development, Prior Year Carry Forward revenue account (31313002-50001) that will be appropriated for spending in the Acquisition and Development, Improvements Other Than Buildings expenditure account (31313260-66220). (Requires five affirmative votes)
3. Approve an appropriation adjustment recognizing $29,066 of accumulated fund balance in Acquisition and Development, Prior Year Carry Forward revenue account (31413002-50001) that will be appropriated for spending in the Acquisition and Development, Improvements Other Than Buildings expenditure account (31413260-66220) (Requires five affirmative votes).
4. Approve an amendment to the Fiscal Year 2024- 2025 Capital Improvement Program to include $1,748,789 in construction funds for the Angels Park Lights (Project No. 22-1421), Centennial Park Lights (Project No. 22-1422), and Delhi Park Lights (Project No. 22- 1423) funde d by the American Rescue Plan Act (ARPA).
CITY COUNCIL 8 DECEMBER 3, 2024
Award an agreement with RMF Contracting, Inc. dba R&M Electrical Contracting to provide Lighting at Angels Park, Centennial Park, and Delhi Park, in an amount of $1,589,808, with a contingency of $158,981 for a t otal estimated project delivery cost of $1,748,789, beginning December 3, 2024 and expiring December 2, 2027, with the option for one, two-year extension (Agreement No.
A-2024-206).
6. Determine the recommended actions are exempt from further review in accordance with the California Environmental Quality Act as Categorical Exemption Environmental Review No. ER-2024-103 was filed for this project.
MINUTES: Councilmember Hernandez spoke in support of the item.
MOTION: Councilmember Hernandez moved to approve the re commended action for Item No. 13, seconded by Councilmember Penaloza.
The motion carried, 7-0, 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
14. Resolution Approving Revisions to the City’s Municipal Securities Continuing Disclosure Policy And Procedures
Department(s): Finance and Management Services
Recommended Action: Adopt a resolution approving revisions to the City’s Municipal Securities Continuing Disclosure Policy and Procedures
RESOLUTION NO. 2024 -073 entitled A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA A PPROVING REVISIONS TO THE MUNICIPAL
SECURITIES DISCLOSURE POLICY AND PROCEDURES
15. Second Reading of 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)
First reading November 19, 2024 City Council meeting and approved by a vote of 6-1 (Mayor Amezcua dissenting)
Department(s): Planning and Building Agency
CITY COUNCIL 9 DECEMBER 3, 2024
Recommended Action: Conduct a second reading and adopt an ordinance amending the Santa Ana Municipal Code (SAMC) to add Article XXI to Chapter 8 of the SAMC prohibiting Short-Term Rentals.
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 SHORT-TERM RENTALS
MOTION: Councilmember Hernandez moved to approve the re commended action for Item No. 15, as part of the Consent Calendar , seconded by Councilmember Penaloza.
The motion carried, 6-1, 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
Status: 6 – 1 – Pass
*END OF CONSENT CALENDAR**
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 Hernandez thanked and wished everyone Happy Holidays, spoke regarding Thanksgiving Dinner provided to the community, announced Toy Giveaway and posada provided by Artesia Pillar Neighborhood Association and additional neighborhood events, and thanked the City Manager for all his hard work and efforts. He requested staff work with Neutral Ground.
Councilmember Vazquez spoke regarding being blessed and stated Santa Ana is a Sanctuary City.
Councilmember Bacerra reported that he did not go to S acramento and announced community office hours at Griset Park at 10:00 A.M. on Saturday, December 7, 2024, thanked the Southwest Carpenters for assisting in refurbishing the sign at Griset Park, CITY COUNCIL 10 DECEMBER 3, 2024
congratulated the Santa Ana College Dons football team for their wins and staff for activating Calle Cuatro to watch the World Series, and wished the Buddhist community a Happy Bodhi Day.
Councilmember Lopez wished everyone Happy Holidays, thanked staff for their hard work and efforts, invited the community to celebrate a new p ark on Standard and McFadden in Ward 6, and wished her dad Happy Birthday.
Councilmember Penaloza disclosed his travel to Sacramento for the California Assembly Installation, invited the community to celebrate new Gerardo Mouet Park on Standard and McFadden, on December 11, 2024 at 3:00 P.M., congratulated the newly re-elected officials, and wished everyone Happy Holidays.
Mayor Pro Tem Phan thanked staff for all the community events, invited all to attend the County Justice Funds Annual Fundraiser on Thursday at 5:00 P.M. at Cerveza Cito Brewery, commemorated Pearl Harbor Day, and congratulated her aunt for becoming an American citizen.
Mayor Amezcua disclosed her travel to Sacramento for the California Assembly Installation, announced 50 boxes of food giveaway by SEVA on December 11, 2024 at Gerardo Mouet Park, and thanked Congressman Correa for $963,000 of federal funds for the City’s multidisciplinary response team. She spoke regarding ARPA monies, Second Annual Thanksgiving Turkey Giveaway, Fiestas de Mariachi on December 8, 2024, and Fifth Annual Tamale Festival, announced the proposed needle distribution program will not be operating in the City of Santa Ana, and congratulated the newly re- elected officials.
ADJOURNMENT – Adjourn the City Council meeting.
MINUTES: Mayor Amezcua adjourned the City Council Meeting at 7:10 P.M.
Respectfully submitted:
___________________________
Jennifer L. Hall, CMC
City Clerk