Agenda packet — Santa Ana City Council, April 1, 2025 (part 1 of 6)

City Council Meeting Packet
April 1, 2025
CLOSED SESSION MEETING – 4:00 PM
REGULAR OPEN MEETING – 5:30 PM
(Immediately following the Closed Session Meeting)
CITY COUNCIL CHAMBER
22 Civic Center Plaza Santa Ana, CA 92701
Valerie Amezcua
Mayor
Thai Viet Phan
Councilmember – Ward 1
Benjamin Vazquez
Mayor Pro Tem Ward 2
Jessie Lopez
Councilmember Ward 3
Phil Bacerra
Councilmember Ward 4
Johnathan Ryan Hernandez
Councilmember Ward 5
David Penaloza
Councilmember Ward 6
Mayor and Council telephone: 7146476900
Agenda item inquiries: 7146476520
Sonia R. Carvalho
City Attorney
Alvaro Nuñez
City Manager
Jennifer L. Hall
City Clerk
In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting, contact Michael Ortiz, City ADA Program Coordinator, at (714) 6475624. Notification 48 hours prior to the Meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supporting documentation can be found on the City’s website – www.santaana.org/agendasandminutes.

CITY VISION AND CODE OF ETHICS
The City of Santa Ana is committed to achieving a shared vision for the organization and its community. The Vision, Mission and Guiding Principles (Values) are the result of a thoughtful and inclusive process designed to set the City and organization on a course that meets the challenges of today and tomorrow, as follows:

Vision The dynamic center of Orange County which is acclaimed for our: Investment in youth • Safe and healthy community • Neighborhood pride • Thriving economic climate • City Council 1 4/1/2025
In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting, contact Michael Ortiz, City ADA Program Coordinator, at (714) 6475624. Notification 48 hours prior to the Meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supporting documentation can be found on the City’s website – www.santaana.org/agendasandminutes.

Vision The dynamic center of Orange County which is acclaimed for our: Investment in youth • Safe and healthy community • Neighborhood pride • Thriving economic climate • Enriched and diverse culture • Quality government services Mission To deliver efficient public services in partnership with our community which ensures public safety, a prosperous economic environment, opportunities for our youth, and a high quality of life for residents.

Guiding Principles Collaboration • Efficiency • Equity • Excellence • Fiscal Responsibility • Innovation • Transparency
Code of Ethics and Conduct At the Special Municipal Election held on February 5, 2008, voters approved an amendment to the City Charter which established the Code of Ethics and Conduct for elected officials and members of appointed boards, commissions, and committees to assure public confidence. The following are the core values expressed: • Integrity • Honesty • Responsibility • Fairness • Accountability • Respect • Efficiency Members of the public may attend the City Council meeting inperson or join via Zoom. As a courtesy to the public, the City Council meeting will occur live via teleconference Zoom webinar. You may view the meeting from your computer, tablet, or smart phone via YouTube LiveStream at www.youtube.com/user/SantaAnaLibrary or on CTV3, available on Spectrum channel 3.

PUBLIC COMMENTS – Members of the public who wish to address the City Council on closed session items, items on the regular agenda, or on matters which are not on the agenda but are within the subject matter jurisdiction of the City Council, may do so by one of the following ways:

MAILING OPTION written communications – Public comments may be mailed to:

Office of the City Clerk, 20 Civic Center Plaza M30, Santa Ana, CA 92701. All written communications received via mail two (2) hours before the scheduled start of the meeting will be distributed to the City Council and imaged into the City’s document archive system which is available for public review.

SENDING EMAIL OPTION – Public comments may be sent via email to the City Clerk’s office at eComment@santaana.org. Please note the agenda item you are commenting on in the subject line of the email. All emails received two (2) hours before the scheduled start of the meeting will be distributed to the City Council and imaged into the City’s document archive system which is available for public review.

LIVE VIRTUAL OPTION – As a courtesy, members of the public may provide live comments during the meeting by Zoom or Conference Call. To join by Zoom click on or type the following address into your web browser
https://us02web.zoom.us/j/315965149. To join the Conference Call: Dial (669) 900 9128 and enter MEETING ID: 315 965 149#. You will be prompted by the City Clerk when it is time for a: i) closed session item, ii) agenda/general comments, or iii) public hearing item. You may request to speak by dialing *9 from your phone or you may virtuallyraiseyourhandfromZoomAftertheClerkconfirmsthelastthreedigitsofthe City Council 2 4/1/2025
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voters approved an amendment to the City Charter which established the Code of Ethics and Conduct for elected officials and members of appointed boards, commissions, and committees to assure public confidence. The following are the core values expressed: • Integrity • Honesty • Responsibility • Fairness • Accountability • Respect • Efficiency Members of the public may attend the City Council meeting inperson or join via Zoom. As a courtesy to the public, the City Council meeting will occur live via teleconference Zoom webinar. You may view the meeting from your computer, tablet, or smart phone via YouTube LiveStream at www.youtube.com/user/SantaAnaLibrary or on CTV3, available on Spectrum channel 3.

MAILING OPTION written communications – Public comments may be mailed to:

LIVE VIRTUAL OPTION – As a courtesy, members of the public may provide live comments during the meeting by Zoom or Conference Call. To join by Zoom click on or type the following address into your web browser
https://us02web.zoom.us/j/315965149. To join the Conference Call: Dial (669) 900 9128 and enter MEETING ID: 315 965 149#. You will be prompted by the City Clerk when it is time for a: i) closed session item, ii) agenda/general comments, or iii) public hearing item. You may request to speak by dialing *9 from your phone or you may virtually raise your hand from Zoom. After the Clerk confirms the last three digits of the caller’s phone number or Zoom ID and unmutes them, the caller must press *6 or microphone icon to speak. Callers are encouraged, but not required, to identify themselves by name. Each caller will be provided three (3) minutes to speak, unless due to the number of speakers wanting to speak a decision is made to provide a different amount of time to speak.

INPERSON OPTION Members of the public can provide inperson comments at the podium in the Council Chamber. The Council Chamber will have seating available for members of the public to attend the meeting inperson. Public comments are limited to three (3) minutes per speaker, unless a different time is announced by the presiding chair. Speakers who wish to address the Council must do so by submitting a “Request to Speak” card by 4:00 p.m. for Closed Session items and by 5:45 p.m. for all other designated public comment periods as listed below. Cards will not be accepted after the Public Comment Session begins without the permission of the presiding chair.

The following designated public comment periods are:

1. LIVE PUBLIC COMMENTS ON CLOSED SESSION ITEMS – You can provide live comments on closed session items by joining Zoom or the Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will open at 3:30 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL and raise your hand BY 4:00 p.m. Speakers who are not in the speaker queue with their hand raised by 4:00 p.m. will not be permitted to speak.

City Council 3 4/1/2025
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“Request to Speak” card by 4:00 p.m. for Closed Session items and by 5:45 p.m. for all other designated public comment periods as listed below. Cards will not be accepted after the Public Comment Session begins without the permission of the presiding chair.

The following designated public comment periods are:

2. LIVE PUBLIC COMMENTS ON REGULAR AGENDA ITEMS AND NONAGENDA ITEMS (GENERAL PUBLIC COMMENT) – You can provide comments by joining Zoom or the Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will open at 3:30 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL and raise your hand PRIOR TO 5:45 p.m. Speakers who are not in the speaker queue with their hand raised by 5:45 p.m. will not be permitted to speak.

3. LIVE PUBLIC COMMENTS ON PUBLIC HEARING ITEMS – You can provide comments by joining Zoom or the Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speakers not in the queue by 5:45 p.m. will not be permitted to speak.

TRANSLATION SERVICES Spanish interpreting services are provided at City Council meetings. Simultaneous Spanish interpretation is provided through the use of headsets and consecutive interpretation (SpanishtoEnglish) in addition to those wishing to address the City Council at the podium.

La ciudad provee servicios de interpretación al español en las juntas del Consejo.

La interpretación simultánea al español se ofrece por medio del uso de audífonos y la interpretación consecutiva (español a inglés) también está disponible para cualquiera que desee dirigirse al consejo municipal en el podio.

About the Agenda
To download or view the attachments (staff report and other supporting documentation) for each agenda item, you must select the agenda item to see the attachments to either open in a new link (the eyeball ) or download a pdf (the cloud symbol with the down arrow ).

CLOSED SESSION
CALL TO ORDER
ATTENDANCE Council Members Phil Bacerra
Johnathan Ryan Hernandez
Jessie Lopez
David Penaloza
Thai Viet Phan
Mayor Pro Tem Benjamin Vazquez
Mayor Valerie Amezcua
City Manager Alvaro Nuñez
City Attorney Sonia R. Carvalho
City Council 4 4/1/2025
To download or view the attachments (staff report and other supporting documentation) for each agenda item, you must select the agenda item to see the attachments to either open in a new link (the eyeball ) or download a pdf (the cloud symbol with the down arrow ).

CLOSED SESSION
CALL TO ORDER
ATTENDANCE Council Members Phil Bacerra
Johnathan Ryan Hernandez
Jessie Lopez
David Penaloza
Thai Viet Phan
Mayor Pro Tem Benjamin Vazquez
Mayor Valerie Amezcua
City Manager Alvaro Nuñez
City Attorney Sonia R. Carvalho
City Clerk Jennifer L. Hall
ROLL CALL
ADDITIONS\DELETIONS TO CLOSED SESSION
PUBLIC COMMENTS – Members of the public may address the City Council on Closed Session items.

RECESS – City Council will recess to Closed Session for the purpose of conducting regular City business.

CLOSED SESSION ITEMS – The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation:

1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code:

A. Anchor Stone Christian Church v. City of Santa Ana, et al., United States District Court Case No 8:25cv00215JWHDFM
B. Lawrence M. Kuda, Jr. as Trustee of the Kuda Family Surviving Grantors Trust, and Bruce Metal And Salvage, Inc. v. City of Santa Ana, Orange County Superior Court, Case No. 30202401414415
C. SRP/Stater Bros, LLC v. City of Santa Ana, Orange County Superior Court, Case No. 30202401426663

2. CONFERENCE WITH LEGAL COUNSEL – POTENTIAL INITIATION OF LITIGATION pursuant to paragraph (4) of subdivision (d) of Government Code Section 54956.9:

One (1) case Union Pacific

3. PUBLIC EMPLOYEE PERFORMANCE EVALUATION pursuant to Government Code Section 54957(b)(1):

TITLE: City Manager, City Clerk, and City Attorney

4. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section City Council 5 4/1/2025
pursuant to paragraph (4) of subdivision (d) of Government Code Section 54956.9:

One (1) case Union Pacific

3. PUBLIC EMPLOYEE PERFORMANCE EVALUATION pursuant to Government Code Section 54957(b)(1):

TITLE: City Manager, City Clerk, and City Attorney

4. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a):

Agency Designated Representative: Lori Schnaider, Executive Director of Human Resources
Unrepresented Employees: City Manager, City Clerk, and City Attorney RECONVENE – City Council will reconvene to continue regular City business.

CITY COUNCIL REGULAR OPEN SESSION
CALL TO ORDER
ATTENDANCE Council Members Phil Bacerra
Johnathan Ryan Hernandez
Jessie Lopez
David Penaloza
Thai Viet Phan
Mayor Pro Tem Benjamin Vazquez
Mayor Valerie Amezcua
City Manager Alvaro Nuñez
City Attorney Sonia R. Carvalho
City Clerk Jennifer L. Hall
ROLL CALL
PLEDGE OF ALLEGIANCE Mayor Amezcua
WORDS OF INSPIRATION Police Chaplain
ADDITIONS\DELETIONS TO THE AGENDA
CEREMONIAL PRESENTATIONS

1. Proclamation presented by Mayor Amezcua to the Girl Scouts of Orange County declaring March 12, 2025 as Girl Scouts Day and for 113 Years of Outstanding Contributions to the Community

2. Proclamation presented by Mayor Pro Tem Vazquez to Latino Health Access and the Downtown Family Resource Center to commemorate April as Blue Ribbon Month

3. Proclamation presented by Councilmember Lopez to The Cambodian Family declaring April 2025 as Cambodian Heritage Month

4. Certiifcate of Recognition presented by Councilmember Penaloza to Paola Sanchez for Outstanding Academic Achievements including being accepted to Princeton University

5. Proclamation presented by Councilmember Phan to Little Saigon TV declaring April 30, 2025 as Black April
City Council 6 4/1/2025

2. Proclamation presented by Mayor Pro Tem Vazquez to Latino Health Access and the Downtown Family Resource Center to commemorate April as Blue Ribbon Month

3. Proclamation presented by Councilmember Lopez to The Cambodian Family declaring April 2025 as Cambodian Heritage Month

4. Certiifcate of Recognition presented by Councilmember Penaloza to Paola Sanchez for Outstanding Academic Achievements including being accepted to Princeton University

5. Proclamation presented by Councilmember Phan to Little Saigon TV declaring April 30, 2025 as Black April
CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed Session.

PUBLIC COMMENTS – Public comments will be held during the beginning of the meeting for ALL comments on agenda and nonagenda items, with the exception of public hearings.

Comments for public hearings will take place after the hearing is opened.

CONSENT CALENDAR
RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 6 through 19 and waive reading of all resolutions and ordinances.

6. Excused Absences
Department(s): City Clerk’s Office
Recommended Action: Excuse the absent members.

7. Minutes from the Regular Meeting of March 18, 2025
Department(s): City Clerk’s Office
Recommended Action: Approve minutes.

8. Minutes from the Special Meeting of Measure X Oversight Commission on January 25, 2025 and the Regular Meeting of the Police Oversight Commission on February 13, 2025
Department(s): City Clerk’s Office
Recommended Action: Receive and file.

9. Appoint Alejandra Rodriguez Nominated by Councilmember Penaloza as the Ward 6 Representative to the Parks, Recreation, and Community Services Commission for a Partial Term Expiring December 8, 2026
Department(s): City Clerk’s Office
Recommended Action: Appoint Alejandra Rodriguez to the Parks, Recreation, and Community Services Commission as the Ward 6 representative and administer the Oath of Office.

10. TenDay Written Report Pursuant to California Government Code Section 65858(d) Following the Adoption of Urgency Ordinance No. NS3064 Extension of Ten (10) Months and Fifteen (15) Days, Pursuant to California Government Code Section 65858(a), regarding a Moratorium on the Approval, Commencement, Establishment, Relocation, or Expansion of Industrial Uses within Specific Development No. 84 (Transit Zoning Code (SD84) Moratorium)
Department(s): Planning and Building Agency
Recommended Action: Issue and file a Council report to the public, pursuant to Section 65858(d) of the California Government Code, describing the City’s measures to alleviate conditions that led to the adoption of Urgency Ordinance No. NS3064 on May 21, 2024, regarding a moratorium extension of ten (10) months and fifteen (15) days on the approval, commencement, establishment, relocation, or expansion of industrial uses within Specific Development No. 84 (the Transit Zoning Code (SD84) Moratorium).

11. Appropriation Adjustment Recognizing $8,080 in California State Library Funding (General Fund)
Department(s): Library
Recommended Action: Approve an appropriation adjustment to recognize $8,080 in California State Library California Library Services Act funds in the Library Miscellaneous Income revenue account and appropriate the same into the Library Tech & Support Services, Computer Software Subscriptions expenditure account, to apply toward Library eresources. (Requires five affirmative votes)

12. Approve an Appropriation Adjustment Recognizing Measure M2 Grant Funding and Amend the Fiscal Year 20242025 Capital Improvement Program for the Dyer Road Improvements (55 Freeway – 700’ East of Pullman Street) Project (Project No. 25 6706)
Department(s): Public Works Agency
Recommended Action: 1. Approve an appropriation adjustment recognizing Measure M2 grant funding in the amount of $2,365,200 into the Measure MStreet Construction, Measure M2 Competitive revenue account (0321700252332) and appropriate the same amount into the Measure MStreet Construction, Improvements Other Than Building expenditure account (0321766366220) for future year expenditures. (Requires five affirmative votes)

2. Approve an amendment to the Fiscal Year 20242025 Capital Improvement Program to include Measure M2 grant funding in the amount of $2,365,200 for the Dyer Road Improvements (55 Freeway – 700’ East of Pullman Street) Project (Project No. 256706)

13. Purchase Order Contract to Haaker Equipment Company for One 2024 Ford E450 with CCTV Upfit (Specification No. 25022) (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: Approve a purchase order to Haaker Equipment for one, new/unused2024FordE450withCCTVUpfitinanamountof$446013plusa City Council 8 4/1/2025

13. Purchase Order Contract to Haaker Equipment Company for One 2024 Ford E450 with CCTV Upfit (Specification No. 25022) (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: Approve a purchase order to Haaker Equipment for one, new/unused 2024 Ford E450 with CCTV Upfit in an amount of $446,013 plus a contingency amount of $15,000, for a total amount not to exceed $461,013.

14. Purchase Order Contract to PB Loader Corporation for One 2025 Ford F600 Regular Cab Utility Service Body Truck (Specification No. 25031) (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Approve a purchase order to PB Loader Corporation for one, new/unused 2025 Ford F600 Regular Cab Utility Service Body Truck, in an amount of $245,023, plus a contingency amount of $15,000, for a total amount not to exceed $260,023.

15. Citywide Purchase Order Contract with Grainger, Inc. for Maintenance, Repair, and Operational Supplies (Specification No. 25048) (General Fund and NonGeneral Fund)
Department(s): Finance and Management Services
Recommended Action: Award a Citywide Purchase Order Contract to Grainger, Inc. for online marketplace purchases of goods for a four year term beginning April 1, 2025 and expiring March, 31, 2029, for an annual amount nottoexceed $400,000, for a total contract amount nottoexceed $1,600,000.

16. Approve a First Amendment to Employment Agreement Between the City of Santa Ana and Alvaro Nuñez and Adopt a Resolution Approving the Council Appointee Salary Schedule
Department(s): Human Resources
Recommended Action: 1. Approve a first amendment to the Employment Agreement Between the City of Santa Ana and Alvaro Nuñez reflecting the positive City Manager performance evaluation conducted on March 18, 2025 and approving an adjusted annual salary for the City Manager of $340,200 (Agreement No. A2025 XXX).

2. Adopt a resolution updating the City’s Classification and Compensation Plan with the amended annual salary for City Manager, 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. 2025XXX 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

17. Construction Contract to BNS Construction for the Fire Station 70, 2301 Old Grand StreetRemodelADARestroomandGeneratorUpgrade(ProjectNo246626) City Council 9 4/1/2025
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the amended annual salary for City Manager, 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. 2025XXX 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

17. Construction Contract to BNS Construction for the Fire Station 70, 2301 Old Grand Street, Remodel, ADA Restroom and Generator Upgrade (Project No. 246626) (General Fund)
Department(s): Public Works Agency
Recommended Action: 1. Approve an amendment to the FY 202425 Capital Improvement Program to include $716,250 in construction funds for the Fire Station 70 Remodel ADA Restroom and Generator Project.

2. Approve the Project Cost Analysis for a total estimated construction delivery cost of $716,250 which includes $573,000 for the construction contract, $85,950 for contract administration, inspection, and testing, and a $57,300 project contingency for unanticipated or unforeseen work.

3. Award a construction contract to BNS Construction, the lowest responsible bidder, in accordance with the base bid in the amount of $573,000, subject to change orders, for the remodel of Fire Station 70 ADA Restroom and Generator Replacement for a term beginning upon April 1, 2025, and authorize City Manager to execute the contract.

4. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER202511 was filed for project 246626.

18. Cooperative Agreement with the Cities of Brea, Placentia, Anaheim, and Orange for the Kraemer Boulevard, Glassell Street, Grand Avenue Corridor Regional Traffic Signal Synchronization Project (Project No. 256705) (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: 1. Approve an appropriation adjustment recognizing $760,855 in matching funding from the Cities of Brea, Placentia, Anaheim, and Orange, into the Public Works Measure MStreet Construction, Expense Reimbursement revenue account (0321700257000) and appropriate the same amount into the Measure MStreet Construction, Improvements Other Than Building expenditure account (0321766366220) for the Kraemer Boulevard, Glassell Street, Grand Avenue Corridor Regional Traffic Signal Synchronization Project. (Requires five affirmative votes.)

2. Approve an amendment to the Fiscal Year 202425 Capital Improvement Program to include city match reimbursement funding in the amount of $760,855 for the Kraemer Boulevard, Glassell Street, Grand Avenue Corridor Regional Traffic Signal Synchronization Project (Project No. 256705).

3. Authorize the City Manager to execute a Cooperative Agreement with the Cities of Brea, Placentia, Anaheim, and Orange, which identifies each city’s roles and responsibilities to implement the Kraemer Boulevard, Glassell Street, Grand Avenue Corridor Regional Traffic Signal Synchronization Project for a term beginning upon full approval of the agreement by all parties and effective until December 31, 2030, with an option for extension (Agreement No. A2025XXX).

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Kraemer Boulevard, Glassell Street, Grand Avenue Corridor Regional Traffic Signal Synchronization Project (Project No. 256705).

19. Agreement with Bucknam Infrastructure Group, Inc. for the Measure M2 Required Pavement Management Program Update (Project No. 256898) (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute an agreement with Bucknam Infrastructure Group, Inc., for Pavement Management Program Update services, for an amount not to exceed $135,000, which includes the base amount of $119,395 and contingency of $15,605, for a term beginning April 1, 2025 and expiring March 31, 2028, with provisions for two, oneyear extensions. **END OF CONSENT CALENDAR**
BUSINESS CALENDAR

20. Fiscal Year 202425 Create a Construction Services Section and Add 13 FullTime Positions (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Adopt a resolution to amend the current fiscal year 202425 annual budget to add 13 fulltime positions and create a Construction Services Section in the Public Works Agency
RESOLUTION NO. 2025XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO AMEND THE CURRENT FISCAL YEAR 202425 ANNUAL BUDGET TO ADD FULLTIME POSITIONS IN THE PUBLIC WORKS AGENCY

21. Omnibus Amendments to Chapter 2 of the Santa Ana Municipal Code Including Meeting Frequency for the Personnel Board, Contracting Authority for the City Clerk and City Attorney, and Relying on State Law Regarding Campaign Contributions Effect on Proceedings Involving a License, Permit or other Entitlement for Use Department(s): City Attorney’s Office
Recommended Action: Approve the First Reading of an Ordinance of the City Council of the City of Santa Ana amending Chapter 2 of the Santa Ana Municipal Code as to Section 2328 Regarding Meetings; Chairperson and Recording Secretary of Appointive Boards and Commissions, Adding Section 2331.5 Regarding Meetings of the Personnel Board, Amending the Title of Article VII of Chapter 2, Amending Section 2748 Regarding City Manager Contracting Authority, Adding Section 2748 Regarding City Attorney and City Clerk Contracting Authority, and Repealing Section 2107 Regarding Prohibited Campaign Contributions.

ORDINANCE NO. NSXXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF City Council 11 4/1/2025
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Council of the City of Santa Ana amending Chapter 2 of the Santa Ana Municipal Code as to Section 2328 Regarding Meetings; Chairperson and Recording Secretary of Appointive Boards and Commissions, Adding Section 2331.5 Regarding Meetings of the Personnel Board, Amending the Title of Article VII of Chapter 2, Amending Section 2748 Regarding City Manager Contracting Authority, Adding Section 2748 Regarding City Attorney and City Clerk Contracting Authority, and Repealing Section 2107 Regarding Prohibited Campaign Contributions.

ORDINANCE NO. NSXXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 2 OF THE SANTA ANA MUNICIPAL CODE AS TO SECTION 2328 REGARDING MEETINGS;
CHAIRPERSON AND RECORDING SECRETARY OF APPOINTIVE BOARDS AND COMMISSIONS, ADDING SECTION 2331.5 ENTITLED MEETINGS, AMENDING THE TITLE OF ARTICLE VII OF CHAPTER 2, AMENDING SECTION 2748 REGARDING CITY MANAGER CONTRACTING AUTHORITY, ADDING SECTION 2 749 REGARDING CITY ATTORNEY AND CITY CLERK CONTRACTING AUTHORITY, AND REPEALING SECTION 2107 REGARDING PROHIBITED CAMPAIGN

CONTRIBUTIONS
**END OF BUSINESS CALENDAR**
PUBLIC HEARINGS
PUBLIC COMMENTS – Members of the public may address the City Council on each of the Public Hearing items.

22. Resolution to Make Findings and Adopt Addendum to the Transit Zoning Code Environmental Impact Report (State Clearinghouse Number No. 2006071100), Zoning Ordinance Amendment (ZOA) No. 202402 and Amendment Application (AA) No. 202403 Amending Certain Sections of Article XIX (The Transit Zoning Code, Specific Development No. 84) of Chapter 41 (Zoning) of the Santa Ana Municipal Code (SAMC) Addressing Industrial Land Uses, Nonconformities, and Operating Standards, and Amending the City of Santa Ana Zoning Map to Remove the Light Industrial (M1) and Heavy Industrial (M2) Suffixes from Certain Properties Within the SD84 District Boundary
Legal notice published in the OC Reporter on March 21, 2025 and mailed on same day.

Department(s): Planning and Building Agency
Recommended Action: 1) Adopt a resolution to make findings pursuant to Public Resources Code and to adopt the Addendum to the Transit Zoning Code Environmental Impact Report (State Clearinghouse Number No. 2006071100).

Pursuant to the California Environment Quality Act (CEQA), and based on independent review and analysis, and the administrative record as a whole, that, in exercising its independent judgement, amend TZC SD84 Final EIR with an addendum that the City Council find that pursuant to CEQA Guidelines Section 15162, no subsequent Environmental Impact Report (EIR) is required for the adoption of the proposed Ordinances; and pursuant to CEQA Guidelines Section 15164, an addendum to the Transit Zoning Code EIR was accordingly prepared.

RESOLUTION NO. 2025XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO MAKE FINDINGS PURSUANT TO PUBLIC RESOURCES CODE SECTION 21166 AND TO ADOPT THE ADDENDUM TO THE TRANSIT ZONING CODE ENVIRONMENTAL IMPACT REPORT (STATE
CLEARINGHOUSE NUMBER NO. 2006071100)
City Council 12 4/1/2025
addendum that the City Council find that pursuant to CEQA Guidelines Section 15162, no subsequent Environmental Impact Report (EIR) is required for the adoption of the proposed Ordinances; and pursuant to CEQA Guidelines Section 15164, an addendum to the Transit Zoning Code EIR was accordingly prepared.

RESOLUTION NO. 2025XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO MAKE FINDINGS PURSUANT TO PUBLIC RESOURCES CODE SECTION 21166 AND TO ADOPT THE ADDENDUM TO THE TRANSIT ZONING CODE ENVIRONMENTAL IMPACT REPORT (STATE
CLEARINGHOUSE NUMBER NO. 2006071100)
2) Adopt an ordinance to approve Zoning Ordinance Amendment (ZOA) No. 202402 amending certain sections of Article XIX (The Transit Zoning Code, Specific Development No. 84 (SD84)) of Chapter 41 (Zoning) of the Santa Ana Municipal Code including amendments to the regulations, overlay districts and maps in the zoning district; modifying the authorized land uses and permit types; establishing revised nonconforming use regulations, including the addition of an amortization/termination of use process and adding operational standards for certain permitted and nonconforming uses.

ORDINANCE NO. NSXXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING ZONING ORDINANCE AMENDMENT NO. 202402, AMENDING CERTAIN SECTIONS OF CHAPTER 41 (ZONING) OF ARTICLE XIX OF THE SANTA ANA MUNICIPAL CODE RELATED TO THE REGULATIONS, OVERLAY DISTRICTS AND MAPS IN THE TRANSIT ZONING CODE/SPECIFIC DEVELOPMENT (SD) NO. 84 ZONING DISTRICT; MODIFYING THE AUTHORIZED LAND USES AND PERMIT TYPES; ESTABLISHING REVISED NONCONFORMING USE REGULATIONS, INCLUDING THE ADDITION OF AN AMORTIZATION/TERMINATION OF USE PROCESS AND ADDING OPERATIONAL STANDARDS FOR CERTAIN PERMITTED AND NONCONFORMING USES
3) Adopt an ordinance to approve Amendment Application (AA) No. 202403 amending the zoning by removing the M1 (Light Industrial) and M2 (Heavy Industrial) suffixes from certain properties within the SD84 zoning district boundary as designated on the City of Santa Ana Zoning Map.

ORDINANCE NO. NSXXXX entitled AMENDMENT APPLICATION (AA) NO. 2024 03 – AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SANTA ANA BY REMOVING THE M1 (LIGHT INDUSTRIAL) AND M2 (HEAVY INDUSTRIAL) SUFFIXES FROM CERTAIN PROPERTIES WITHIN THE SD84 ZONING DISTRICT

BOUNDARY
CITY MANAGER COMMENTS
COUNCIL COMMENTS
AB1234 DISCLOSURE – If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended.

1. March 26, 2025 Mayor Valerie Amezcua – California Senate Testimony in Support of SB329, Sacramento, CA
ADJOURNMENT – Adjourn the City Council meeting.

Future Items
1TitZiCdUdt
City Council 13 4/1/2025
commission meeting or any conference, meeting or event attended.

1. March 26, 2025 Mayor Valerie Amezcua – California Senate Testimony in Support of SB329, Sacramento, CA
ADJOURNMENT – Adjourn the City Council meeting.

Future Items

1. Transit Zoning Code Updates

2. FY 2025/26 Budget
POSTING STATEMENT: On March 25, 2025 a true and correct copy of this agenda was posted at the entrance to City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. Internet Access to City Council, Agency, and Authority agendas and related material is available prior to meetings at santaana.org/agendasandminutes.

City Council 14 4/1/2025
CITY COUNCIL 1 MARCH 18, 2025
DRAFT Minutes of the Regular Meeting
of the City Council
City of Santa Ana,
California
March 18, 2025
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 4:10 P.M.

ATTENDANCE Council Members Phil Bacerra
Johnathan Ryan Hernandez
Jessie Lopez
David Penaloza
Thai Viet Phan
Mayor Pro Tem Benjamin Vazquez
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 Hernandez, Penaloza, and Phan, Mayor Pro Tem Vazquez, and Mayor Amezcua were present. Councilmembers Bacerra and Lopez arrived during Closed Session.

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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 there were no comments.

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 4:11 P.M.

1. CONFERENCE WITH LEGAL COUNSEL – POTENTIAL INITIATION OF LITIGATION pursuant to paragraph (4) of subdivision (d) of Government Code Section 54956.9: (So Cal Edison)

2. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a):

Agency Negotiator: Lori Schnaider, Executive Director of Human Resources Employee Organization: Santa Ana Middle Management / Administrative Management Association (SAMA)

3. PUBLIC EMPLOYEE - PERFORMANCE EVALUATION pursuant to Government Code Section 54957(b)(1):

TITLE: City Manager, City Clerk, and City Attorney

4. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a):

Agency Designated Representative: Lori Schnaider, Executive Director of Human Resources
Unrepresented Employees: City Manager, City Clerk, and City Attorney 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.

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CITY COUNCIL 3 MARCH 18, 2025

CITY COUNCIL REGULAR OPEN SESSION

CALL TO ORDER
MINUTES: Mayor Amezcua reconvened the City Council Meeting to order at 6:24 P.M.

ATTENDANCE Councilmembers
Mayor Pro Tem
Phil Bacerra
Johnathan Ryan Hernandez
Jessie Lopez
David Penaloza
Thai Viet Phan
Benjamin Vazquez
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 Phan, Mayor Pro Tem Vazquez, and Mayor Amezcua were present.

PLEDGE OF ALLEGIANCE Alicia Serrato
WORDS OF INSPIRATION Police Chaplain Bob Barnett
ADDITIONS\DELETIONS TO THE AGENDA
MINUTES: None.

CEREMONIAL PRESENTATIONS

1. Certificates of Recognition presented by Mayor Amezcua to Santa Ana High School Boys and Girls Wrestling Teams for Exceptional Sportsmanship MINUTES: Mayor Amezcua presented certificates of recognition to Santa Ana High School Boys and Girls Wresting Teams for exceptional sportsmanship.

2. Certificates of Recognition presented by Councilmember Bacerra to the Santiago High School Boys Basketball Team for Exceptional Sportsmanship and their CIF Championship
MINUTES: Councilmember Bacerra presented certificates of recognition to the Santiago High School Boys Basketball Team for exceptional sportsmanship and their CIF Championship.

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CITY COUNCIL 4 MARCH 18, 2025

3. Certificate of Recognition presented by Councilmember Lopez to Stanford Sound and Stage for their Outstanding Contributions to the Community MINUTES: Councilmember Lopez presented a certificate of recognition to Stanford Sound and Stage 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 there was no reportable action.

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: (26) Agenda Item No. 16 and (12) non-agenda comments.

The following speakers addressed City Council in-person:

1. Erik Sanchez invited all to attend the grand opening of La Colmena Walnut Farm on April 5, 2025 located at 1901 West Walnut.

2. Joel Parker spoke regarding Agenda Item No.12.

3. Catalina Iniestra (translation: Spanish) spoke regarding the Adopt-a-Lot program.

4. Veronica Garcia (translation: Spanish) spoke regarding the Adopt-a-Lot program.

5. Monica Acevedo Guerrero spoke regarding the Adopt-a-Lot program.

6. Dulce Maria Sanchez (translation: Spanish) spoke regarding the Adopt-a-Lot program.

7. Rocio Guzman (translation: Spanish) spoke regarding the Adopt-a-Lot program.

8. Jeffrey J. Jensen expressed concern regarding pricing adjustments for parking in Downtown.

9. Delilah Snell expressed concern regarding pricing adjustments for parking in Downtown.

10.Layne Sutton expressed concern regarding unsafe driving and speeding on Civic Center at the intersection of French Street.

The following speakers addressed City Council via teleconference:

11. Mike Tardiff spoke regarding SD84 transit zoning and the March 3rd train station meeting.

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12.Tim Johnson spoke regarding Agenda Item No. 15 and the sunset date of Measure X.

RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 4 through 14 and waive reading of all resolutions and ordinances.

MINUTES: At 7:37 P.M., the Consent Calendar was considered.

Councilmember Hernandez pulled Agenda Item No. 11 for separate discussion and consideration.

Mayor Pro Tem Vazquez requested to comment on Agenda Item No. 9.

Mayor Amezcua pulled Agenda Item No. 8 for separate discussion and consideration.

MOTION: Councilmember Penaloza moved to approve Consent Calendar Item Nos. 4 through 14 with the exception of Agenda Item Nos. 8, 9, and 11 pulled for separate discussion and consideration, seconded by Councilmember Bacerra.

The motion carried, 7-0, by the following roll call vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

COUNCILMEMBER BACERRA, COUNCILMEMBER

HERNANDEZ, COUNCILMEMBER LOPEZ,

COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN,

MAYOR PRO TEM VAZQUEZ, MAYOR AMEZCUA
NONE
NONE
NONE
Status: 7 – 0 – Pass

4. Excused Absences
Department(s): City Clerk’s Office
Recommended Action: Excuse the absent members.

5. Minutes from the Regular Meeting of March 4, 2025
Department(s): City Clerk’s Office
Recommended Action: Approve minutes.

CONSENT CALENDAR
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6. Minutes from the Regular Meetings of the Rental Housing Board on August 21, 2024, Workforce Development Board Youth Council Committee on December 12, 2024, and Arts and Culture Commission on January 16, 2025 Department(s): City Clerk’s Office
Recommended Action: Receive and file.

7. Appoint Enrique Adame Nominated by Councilmember Bacerra as the Ward 4 Representative to the Community Development Commission for a Partial Term Expiring December 8, 2026
Department(s): City Clerk’s Office
Recommended Action: Appoint Enrique Adame to the Community Development Commission as the Ward 4 representative and administer the Oath of Office.

AGENDA ITEM NO. 8 WAS PULLED FOR SEPARATE DISCUSSION AND

CONSIDERATION

8. Appropriation Adjustment to Recognize Initial Disbursement of Homeless Housing, Assistance, and Prevention Program Round 5 (Non-General Fund) Department(s): Community Development Agency
Recommended Action: Approve appropriation adjustment to recognize $5,878,393 in funds from the California Department of Housing and Community Development (HCD) in revenue account (no.12218002-52025 State Grant - Direct) and appropriate the same amount to expenditure account (no. 12218719-various) to address homelessness in the City of Santa Ana. (Requires five affirmative votes) MINUTES: Mayor Amezcua requested clarification regarding the intended use of the funding.

Community Development Director Mike Garcia explained that there are two primary sources of state grant funding and outlined the application process. He confirmed that the city's application, submitted in January, was awarded in November and funds are now being recognized.

Mayor Amezcua inquired about the allocation of funds to the Carnegie Navigation Center and the funding designated for foster youth.

Director Garcia clarified that the funds will support shelter operations and city-led outreach initiatives. He specified that approximately $3.8 million is allocated to the navigation center and 10% of the HHAPP funds, roughly $550,000, for transitional youth who reside in the city shelter.

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Councilmember Lopez expressed support for the item and inquired whether the scope of work would remain consistent for the next round of funding.

Director Garcia confirmed that the scope of work would largely remain the same for the next funding cycle.

Councilmember Lopez requested that the scope of work be expanded for the next round to include support for moving expenses and landlord initiatives.

MOTION: Mayor Amezcua moved to approve the recommended action for Item No. 8, seconded by Councilmember Lopez.

The motion carried, 7-0, by the following roll call vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

COUNCILMEMBER BACERRA, COUNCILMEMBER

HERNANDEZ, COUNCILMEMBER LOPEZ,

COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN,

MAYOR PRO TEM VAZQUEZ, MAYOR AMEZCUA
NONE
NONE
NONE
Status: 7 – 0 – Pass
MINUTES: Councilmember Penaloza left the meeting at 7:46 P.M.

AGENDA ITEM NO. 9 WAS PULLED FOR SEPARATE DISCUSSION AND

CONSIDERATION

9. Approve Appropriation Adjustment and Award a Construction Contract to Legion Contractors, Inc. for the Bristol-Tolliver Street Urban Greening Project (Project No. 24-6600) (Non-General Fund)
Department(s): Public Works Agency
Recommended Action:

1. Approve an appropriation adjustment to recognize $1,500,000 in prior year fund balance in the Federal Clean Water Protection Fund, Prior Year Carryforward revenue account (No. 05717002-50001) and appropriate the same amount into the Federal Clean Water Protection Enterprise, Improvements Other Than Building expenditure account (No. 05717640-66220). (Requires five affirmative votes)

2. Approve an amendment to the Fiscal Year 2024-25 Capital Improvement Program to add $1,500,000 of Federal Clean Water Protection Enterprise funding for the Bristol-Tolliver Street Urban Greening Project (No. 24-6600).

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3. Approve the Project Cost Analysis for a total estimated construction delivery cost of $4,581,808, which includes $3,808,800 for the construction contract, $392,128 for contract administration, inspection, and testing, and $380,880 project contingency for unanticipated for unforeseen work.

4. Award a construction contract to Legion Contractors, Inc., the lowest responsible bidder, in the amount of $3,808,800, for construction of the Bristol-Tolliver Street Urban Greening Project, for a term beginning March 18, 2025 and authorize the City Manager to execute the contract.

5. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER-2024-110 was filed with the Orange County ClerkRecorder for the project.

MINUTES: Mayor Pro Tem Vazquez spoke in support of the project.

Councilmember Hernandez spoke in support of the project.

Councilmember Lopez thanked the Neighborhood Association for their advocacy and spoke in support of the project.

MOTION: Mayor Pro Tem Vazquez moved to approve the recommended action for Item No. 9, seconded by Councilmember Hernandez.

The motion carried, 6-0-0-1, by the following roll call vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

COUNCILMEMBER BACERRA, COUNCILMEMBER

HERNANDEZ, COUNCILMEMBER LOPEZ,

COUNCILMEMBER PHAN, MAYOR PRO TEM VAZQUEZ,

MAYOR AMEZCUA
NONE
NONE

COUNCILMEMBER PENALOZA
Status: 6 – 0 – 0 – 1 – Pass

10.Approve Appropriation Adjustment and Award a Construction Contract to KYA Services, LLC for the Centennial Park Improvements Project (No. 22-2755) (General Fund)
Department(s): Public Works Agency
Recommended Action:

1. Approve an appropriation adjustment recognizing $2,250,000 of accumulated General Fund account balance and appropriate the same amount into the PWA Services, Improvements Other Than Buildings (01117607-66220) expenditure account. (Requires five affirmative votes)
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CITY COUNCIL 9 MARCH 18, 2025

2. Approve an amendment to the Fiscal Year 2024-2025 Capital Improvement Program to include an additional $6,241,000 in construction funds for the Centennial Park Improvements Project (No. 22-2755).

3. Approve the Project Cost Analysis for a total estimated construction delivery cost of $6,241,000, which includes $5,941,000 for the construction contract and $300,000 for contract administration, inspection, and testing.

4. Award a construction contract to KYA Services, LLC, the lowest responsible bidder, in accordance with the base bid in the amount of $5,941,000, subject to change orders, for construction of the Centennial Park Improvements Project (No. 22-2755), for a term beginning March 18, 2025 and authorize the City Manager to execute the contract.

5. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review pursuant to Section 15301 of the CEQA Guidelines. Categorical Exemption Environmental Review No. ER2025-15 was filed for the Centennial Park Improvements Project.

AGENDA ITEM NO. 11 WAS PULLED FOR SEPARATE DISCUSSION AND

CONSIDERATION

11.Construction Contract with Hardy & Harper, Inc. for the Rehabilitation of Civic Center Drive from Shelton Street to Flower Street Project (Project No. 25-6711) (General Fund)
Department(s): Public Works Agency
Recommended Action:

1. Approve an amendment to the Fiscal Year 2024-2025 Capital Improvement Program to include $500,000 in Civic Center Maintenance funds for the Civic Center Rehabilitation from Shelton Street to Flower Street Project, Project No. 25- 6711.

2. Approve the Project Cost Analysis for a total estimated construction delivery cost of $1,144,000, which includes $915,000 for the construction contract, $137,000 for contract administration, inspection, and testing, and a $92,000 project contingency for unanticipated or unforeseen work due to the complexity and extensive scope of this project.

3. Award a construction contract to Hardy & Harper, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $915,000, subject to change orders, for construction of the Civic Center Rehabilitation (Shelton Street to Flower St.) Project (No. 25-6711), for a term beginning March 18, 2025 and authorize the City Manager to execute the contract.

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CITY COUNCIL 10 MARCH 18, 2025
MINUTES: Councilmember Hernandez expressed support for the project and excitement for the enhancements to the Civic Center corridor.

Mayor Amezcua asked for clarification regarding outreach.

Public Works Director Nabil Saba explained the plans for community outreach and notification.

MOTION: Councilmember Hernandez moved to approve the recommended action for Item No. 11, seconded by Mayor Amezcua.

The motion carried, 5-0-0-2, by the following roll call vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

COUNCILMEMBER BACERRA, COUNCILMEMBER

HERNANDEZ, COUNCILMEMBER PHAN, MAYOR PRO

TEM VAZQUEZ, MAYOR AMEZCUA
NONE
NONE

COUNCILMEMBER LOPEZ, COUNCILMEMBER

PENALOZA
Status: 5 – 0 – 0 – 2 – Pass

12.Ground License Agreement for Wireless Telecommunications Facilities at Three Existing Cell Tower Sites at El Salvador Park, Jerome Park, and the Santa Ana Stadium
Department(s): Public Works Agency
Recommended Action:

1. Authorize the City Manager to execute the Ground License Agreement with CCTM1 LLC for wireless telecommunication facilities on City property at El Salvador Park located at 1825 ¾ Civic Center Drive West beginning April 1, 2025 through March 31, 2035, with provision for three, five-year extension options, for total revenue, including all extensions, in the amount of $2,163,572 (Agreement No. A-2025-025).

2. Authorize the City Manager to execute the Ground License Agreement with CCTM1 LLC for wireless telecommunication facilities on City property at Jerome Park located at 2115 W. McFadden Avenue beginning April 1, 2025 through March 31, 2035, with provision for three, five-year extension options, for total revenue, including all extensions, in the amount of $2,045,426 (Agreement No. A-2025- 026).

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3. Authorize the City Manager to execute the Ground License Agreement with NCWPCS MPL 30 – Year Sites Tower Holdings LLC, by and through CCATT LLC, for wireless telecommunication facilities on City property at the Santa Ana Stadium located at 951 West 6th Street beginning April 1, 2025 through March 31, 2035, with provision for three, five-year extension options, for total revenue, including all extensions, in the amount of $1,202,913 (Agreement No. A-2025-027).

13.Agreements with JL Group, LLC; Kane, Ballmer & Berkman; Michael Raneses dba Michael Raneses Administrative Hearings; Nastich Law, APC; Palacios Law Office; Robert M. Snider, Attorney at Law; Serviam by Wright, LLP; and The ADR Coach, Inc. for Administrative Hearing Officer Services (Specification 24-127) (General & Non-General Fund)
Department(s): Finance and Management Services
Recommended Action: Authorize the City Manager to execute agreements with each of the eight firms listed below for Administrative Hearing Officer services on an as-needed basis, in a total aggregate amount not to exceed $2,770,000, for an initial three-year term beginning March 18, 2025 and expiring March 17, 2028, with provisions for one, two-year extension (Core Agreement No. A-2025-028).

Firms Location
JL Group, LLC Laguna Niguel, CA
Kane, Ballmer & Berkman Los Angeles, CA
Michael Raneses Administrative HearingsTustin, CA
Nastich Law, APC Berkeley, CA
Palacios Law Office Riverside, CA
Robert M. Snider, Attorney at Law Palm Desert, CA
Serviam By Wright, LLP Irvine, CA
The ADR Coach, Inc. Los Angeles, CA

14.Agreement with Charter Communications, LLC for Data and Video Communication Services (Specification 25-037) (General Fund and Non-General Fund)
Department(s): Information Technology
Recommended Action: Authorize the City Manager to execute an agreement with Charter Communications Operating, LLC (doing business as Spectrum) for data and video communications services, in an amount not to exceed $300,000 annually or $2,100,000 over the life of the agreement, for a four-year period beginning March 18, 2025 through March 17, 2029, with provisions for three, optional one-year renewals (Agreement No. A-2025-029).
*END OF CONSENT CALENDAR**
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CITY COUNCIL 12 MARCH 18, 2025
MINUTES: At 7:54 P.M., the Business Calendar was considered.

15.Early Direction for the Fiscal Year 2025-26 Budget
Department(s): Finance and Management Services
Recommended Action: Provide direction for preparation of the proposed FY2025- 26 budget.

MINUTES: Acting Finance and Management Services Director Alex Trinidad provided a presentation regarding the Mid-Year Budget Update.

Mayor Pro Tem Vazquez expressed support for improvements to the Senior Center, City jail, new bus shelters, code-blue upgrades, funding for future pension costs, city events, and arts initiative. He is in support of stadium upgrades and requested more information regarding the stadium improvement plan.

Councilmember Lopez inquired about the Civic Center Plaza demolition plan, emphasizing the need to salvage artwork on the exterior of the State building. She expressed support for dedicated pension funding and suggested exploring revenue-generating options like private land leases or an enterprise fund for the conference complex. She requested further discussion and a cost-offset analysis regarding the proposed jail upgrades. She also proposed engaging local venue promoters in stadium design discussions and supported using one-time funds for street, sidewalk, and alley repairs, as well as park restroom renovations and playground shade structures.

Councilmember Hernandez expressed his support for an equitable approach to budget adjustments across all departments. He supported setting aside $5 million of Measure X funds for reserves and utilizing one-time spending for revenuegenerating projects, specifically investing in the Bristol and Edinger parking lot. He also expressed support for expanding the Senior Center to create community meeting spaces, upgrading the stadium to increase capacity and amenities for high-profile events, transferring county ownership of the Plaza of the Fountains, and salvaging and maintaining the artwork on the exterior of the State building.

Councilmember Bacerra asked City staff to engage with state officials and request an extension for the state building demolition deadline. He requested more details regarding the proposed cost estimates for the Bristol and Edinger parking lot upgrades and recommended the allocation of at least $1 million for future pension obligations. He expressed support for the modernization of the jail and requested to see the proposed projects at the Senior Center. He requested a cost analysis for natural and artificial turf options at the stadium and inquired about the scope of additional improvements.

BUSINESS CALENDAR
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Councilmember Phan expressed support for upgrades to the Bristol and Edinger parking lot, the Senior Center, and stadium expansion. She requested information regarding jail improvements and expected revenue, and expressed support for new bus shelters, code blue emergency system upgrades, and water upgrades. She also supported setting aside funds to cover future pension costs, expanding the annual Fiestas Patrias, and funding arts initiatives.

Mayor Amezcua requested additional information regarding the Measure X Committee's proposals and expressed support for the Bristol and Edinger parking lot renovations. She raised concerns regarding the potential impact of proposed Senior Center renovations on the senior citizens who utilize the facility, emphasizing the need to ensure no services are diminished. She also expressed support for stadium expansion, jail improvements, new bus shelters, and code blue emergency system upgrades.

Mayor Pro Tem Vazquez emphasized the need for the completion of the Cypress Fire Station and reconstruction of streets and sidewalks. He expressed support for investing in library services and programs, updating park concession stands, increasing economic development workforce, and establishing a mobile police station. He also advocated for an in-house construction crew for the city, traffic speed reduction efforts on Center and Elder streets, and the installation of a lighted crosswalk at the intersection of McFadden and Ross Streets.

Councilmember Lopez expressed support for street improvements on River Lane, sidewalk repairs off Valencia, and speed reduction efforts on Lincoln. She advocated for the use of Measure X funds to create a fund for grant-dependent employees and expressed support of art initiatives and new bus shelters. She opposed reducing the budget for Movies at the Park and requested clarification on the proposed reduction.

A discussion ensued regarding the Movies at the Park, Noche de Altares, and Juneteenth celebrations.

Councilmember Hernandez expressed support for citywide events such as Fiestas Patrias and the Chicano Heritage Festival, suggesting the latter travel to different communities within the City. He also supported non-profit organizations managing Noche de Altares and Juneteenth events. He voiced support for art funding, code blue emergency system upgrades, and the use of one-time funding to repair Fifth Street, renovate the concession stand at El Salvador Park, build a crosswalk at Angels Park, hotel conversions in the Santa Anita neighborhood, and install stop signs on Sullivan between McFadden and First Streets.

Councilmember Bacerra requested left turn signals at the intersections of Flower and MacArthur, as well as Greenville and MacArthur, and street lights on the west side of Bristol, between Gary and Alton, and on Harvey Avenue and Carol Avenue.

He also requested a basketball court at Lillie King Park, expressed support for citywide speed reduction efforts, street repairs near the Hutton Center, and security City Council 7 – 13 4/1/2025
CITY COUNCIL 14 MARCH 18, 2025
cameras along the Alton bike trail, between Bristol and Orange Avenue. He requested the development of a plan for upgrades at fire stations.

Councilmember Phan expressed support for maintaining the general fund reserve and advocated for repairs to Euclid Street, highlighting safety concerns.

Mayor Amezcua thanked staff for conducting research on the potential effects of the new tariffs on sales tax. She expressed her hope that the city would be spared from any federal funding reductions and highlighted that the city’s budget cannot accommodate every single street repair requested by Council.

City Manager Alvaro Nuñez stated that the city does not have sufficient funds to address all requests and emphasized the importance of collaborating with state and federal partners.

Mayor Amezcua highlighted the shortage of police officers and expressed concern with a mobile department. She suggested installing traffic cameras at certain intersections as an alternative option. She expressed support for water improvements and reiterated that the city is operating within a very limited budget.

Councilmember Lopez request clarification regarding the increases to Parks and Recreation fees.

A conversation ensued regarding the Parks and Recreation fees.

Mayor Amezcua stated she does not support an increase to park usage fees. She expressed support for funding future pension costs, maintaining the general fund reserve, and assisting local businesses with public relations to promote growth and retention. She also requested a discussion on revitalization efforts for downtown and other business districts, and inquired about the update on the Spanish version of the mySantaAna App.

Deputy City Manager Sylvia Vazquez stated the app is pending a release date of May 30, 2025.

City Manager Nuñez stated the app will be released both in Spanish and Vietnamese.

Mayor Amezcua expressed opposition to moving the Chicano Heritage event to other communities in the city, highlighting safety concerns.

Councilmember Bacerra requested a follow-up regarding CalTrans and their plans to maintain their portions of the city.

Councilmember Phan expressed support for continuing to host the Chicano Heritage Festival at Centennial Park, citing logistical advantages. She expressed reservations regarding the proposed fund for grant-funded positions, noting that a safety net already exists at the state level through unemployment benefits.

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Councilmember Hernandez stated that El Salvador Park has seen a decrease in violence and emphasized the value of rotating the Chicano Heritage Festival to various locations to unite families and celebrate cultural pride. He suggested partnering with local organizations to highlight community histories, promoting both public safety and positive representation.

Councilmember Lopez requested a more efficient and supportive environment for businesses in the city and a review of current processes to eliminate unnecessary obstacles.

Mayor Amezcua requested information about the new business center located on the first floor of City Hall.

City Manager Nuñez explained that the office's purpose is to offer direct assistance to business owners seeking help with navigating the city's processes, including obtaining new business licenses and opening new businesses, and help minimize delays.

Councilmember Phan requested information on park lighting and recommended additional lighting at Centennial Park to allow for extended hours for sports activities and improve its suitability for city events.

Mayor Pro Tem Vazquez supported the implementation of business liaisons at the new business center to provide support to new and existing business owners across the city.

Mayor Amezcua asked for information regarding the in-house construction crew and the status of the Cypress Fire Station.

City Manager Nuñez confirmed staff will be presenting on the proposed in-house construction crew and the Cypress Fire Station at a future City Council meeting.

Mayor Amezcua stated that creating a safety net for grant-funded positions would not be financially sustainable. She noted that in the event of federal funding cuts, staff would propose budget reductions. She emphasized the need for careful financial management and prioritization, focusing on essential services such as street maintenance, sidewalk repairs, tree care, and overall quality of life. She thanked staff for their budget proposal efforts and encouraged residents to complete the city survey, emphasizing the importance of individual input.

RECESS
MINUTES: Mayor Amezcua recessed the City Council meeting at 9:22 P.M.

RECONVENE
MINUTES: Mayor Amezcua reconvened the City Council meeting at 9:36 P.M.

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16.Parking Enterprise Fund Updates for Meters and Structures Department(s): Community Development Agency
Recommended Action:

1. Approve parking rates for City-owned parking structures to $2.00 per hour with annual increases of $0.50 per hour until a maximum of $3.00 per hour is attained.

2. Direct staff to prepare a Resolution establishing parking rates for the City-owned parking structures and reaffirming the City Manager authority to modify future parking structure rates after the third annual increase as needed.

3. Approve the parking meter rates to $2.50 per hour with annual increases of $0.50 per hour until a maximum of $3.50 per hour is attained.

4. Direct staff to amend the meter ordinance establishing parking meter rates and hours of operation, eliminating metered parking fronting residential in the Willard Neighborhood, and authorizing the City Manager to modify future meter rates after the third annual increase as needed, to mirror the authority of the Cityowned parking structures.

MINUTES: Community Development Director Mike Garcia provided a presentation regarding the Parking Enterprise Fund 27.

Councilmember Bacerra emphasized the need to generate revenue to support the Clean and Safe program. He requested that staff develop different revenue models that incorporate rates based on peak time usage, rather than relying on flat rates.

He expressed concern regarding discrepancies between the reported peak time data presented and information received previously.

A discussion ensued to clarify the precise timeframe defining "peak time" within city parking structures.

MOTION: Councilmember Bacerra moved to approve city-owned parking structure rates of $1/hour during non-peak periods, with a $0.50 annual increase until a maximum of $2/hour is reached. During peak periods, defined as 5pm to 1am Thursday through Sunday, the rate would be $2/hour; approve curbside parking rates of $3/hour, with a $0.50 annual increase until a maximum of $4/hour is reached; direct staff to return within 90 days with plans and contracts for removing coin-operated meters and installing pay stations in downtown areas; direct staff to prepare resolutions establishing the new parking rates for city-owned structures, and reaffirming the City Manager's authority to modify parking structure rates after the third annual increase, with a requirement to report such actions to the Council; and direct staff to amend the meter ordinance, establishing curb side parking rates and hours of operations, eliminating meters in the Willard neighborhood, and City Council 7 – 16 4/1/2025
CITY COUNCIL 17 MARCH 18, 2025
authorizing the City manager to modify future curbside rates after the third annual increase as needed to mirror the authority of the city owned parking structures and reporting such actions to the Council as receive and file.

Motion failed for lack of a second.

MINUTES: Councilmember Bacerra emphasized the importance of capitalizing on peak period demand to maximize revenue. He advocated for lower off-peak rates to incentivize parking and support local businesses. He reminded the Council that revenue generation is required to fund the downtown Clean and Safe program.

Councilmember Hernandez expressed support for the removal of meters in the Willard neighborhood, specifically in front of residences, and parking permits granting exemptions to meter parking, as well as the removal of meters north of Tenth Street. He also supported a $0.50 increase to parking rates at both cityowned structures and metered locations and proposed amending the hours of operation for metered parking to end at 6:00 P.M. to allow for a more businessfriendly environment.

A discussion ensued regarding the proposed amendments and the original motion.

Mayor Pro Tem Vazquez voiced support for the removal of parking meters in the Willard neighborhood as well as an annual review of parking and meter rates, rather than implementing a continuous yearly increase.

Councilmember Lopez expressed support for the removal of meters in the Willard Neighborhood and requested clarification on whether adjustments to parking structure rates fall within the City Manager's purview.

City Manager Alvaro Nuñez confirmed that the adjustment of rates for parking structures falls within purview of the City Manager.

Councilmember Lopez requested that the City Manager maintain authority over parking structure rate adjustments.

MOTION: Councilmember Lopez moved to limit the current discussion to matters concerning parking meters only, seconded by Mayor Amezcua. Motion was subsequently rescinded.

MINUTES: Mayor Amezcua expressed concern regarding the current operating budget's deficit, emphasizing the potential loss of the Clean and Safe program and downtown holiday decorations if revenue generation is not maintained. She inquired about the personnel costs associated with parking structures and meters.

Director Garcia stated that the personnel costs amount to $600,000.

A discussion ensued regarding the personnel costs and the City Manager's Office purview over parking structures.

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Councilmember Lopez rescinded her previous motion and instead recommended continuing the item to a future meeting date.

Mayor Amezcua expressed concerns regarding issuing parking permits to residents in the affected area.

City Manager Nuñez clarified that the recommendation from staff would be to remove all meters from in front of residential properties.

MOTION: Councilmember Lopez moved to continue Item No. 16 to bring it back in 30-days with parking meter information only, seconded by Mayor Amezcua.

MINUTES: Councilmember Phan questioned the separation of parking meter and parking structure discussions, suggesting they be addressed together. She advocated for the Council to participate in the decision-making process alongside the City Manager. She requested amending the current motion to include the parking structures and requested a more detailed, comprehensive presentation.

Councilmember Lopez expressed opposition to the proposed amendments to the motion. She stated that parking structures fall within the City Manager's purview and suggested a staff report for future Council review of parking meter issues only.

Additionally, she requested detailed information on community outreach regarding the transition to digital meters.

City Attorney Sonia Carvalho clarified that a 2013 resolution authorized the City Manager to establish and regulate city parking facilities and set rates. She advised that any new direction should include rescinding or amending this resolution.

Councilmember Phan proposed a sub-motion to direct staff to return with all requested information, including detailed visuals and a draft resolution.

Councilmember Bacerra seconded the sub-motion with a comment, directing staff to also prepare a resolution establishing parking rates for city-owned structures and reaffirming the City Manager's authority to modify rates after the third year.

A discussion ensued regarding the recommendations to staff concerning the resolution and the City Manager's authority over parking structures.

Councilmember Bacerra explained that the current situation requires Council involvement due to the inadequacy of existing rates. He supported Councilmember Phan's motion, agreeing that the discussions should occur concurrently and in public.

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SUBSTITUTE MOTION: Councilmember Phan moved to direct staff to return with all requested information for both parking structures and parking meters, including detailed visuals and a draft resolution, seconded by Councilmember Bacerra.

The motion failed, 3-3, by the following roll call vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

COUNCILMEMBER BACERRA, COUNCILMEMBER PHAN,

MAYOR AMEZCUA

COUNCILMEMBER HERNANDEZ, COUNCILMEMBER

LOPEZ, MAYOR PRO TEM VAZQUEZ
NONE

COUNCILMEMBER PENALOZA
Status: 3 – 3 – 0 – 1 – Fail
Motion fails due to tie.

MOTION: Councilmember Lopez moved to continue Item No. 16 to bring it back in 30-days with parking meter information only, seconded by Mayor Amezcua.

The motion carried, 4-2, by the following roll call vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

COUNCILMEMBER HERNANDEZ, COUNCILMEMBER

LOPEZ, MAYOR PRO TEM VAZQUEZ, MAYOR AMEZCUA

COUNCILMEMBER BACERRA, COUNCILMEMBER PHAN
NONE

COUNCILMEMBER PENALOZA
Status: 4 – 2 – 0 – 1 – Pass

17.Boards and Commissions Members Appointments, Reappointments, Holdovers, and Removals
Department(s): City Clerk’s Office, City Attorney’s Office Recommended Action:

1. Review Santa Ana Municipal Code Section 2-236 pertaining to Appointive Boards and Commissions, Appointments, Removals, Vacancies, and Term.

2. Provide direction to staff.

MINUTES: City Clerk Jennifer L. Hall provided a presentation regarding the boards and commissions members appointments, reappointments, holdovers, and removals.

Councilmember Bacerra stated the staff report did not include the wording “that except as otherwise provided in this section” regarding the terms of removal and reappointments, and asked for clarification regarding a time in 2019 where the City Council 7 – 19 4/1/2025
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Ward 4 roster of commissioners was cleared versus this 2025 situation.

City Attorney Sonia Carvalho clarified the code section regarding appointment and removal, and explained the holdover provision is to avoid the loss of commissioners with each election.

Councilmember Bacerra recommended establishing a deadline for councilmembers to submit their nominations for commissioners within 90 days and that failure to nominate will result in a vacant seat.

Councilmember Hernandez spoke regarding the holdover provision and the action of the Council at the last City Council meeting, and encouraged residents to apply to serve as commissioners.

MOTION: Councilmember Hernandez moved to keep the holdover provisions, seconded by Mayor Pro Tem Vazquez.

MINUTES: Councilmember Phan spoke regarding the holdover language, middle ground, and suggested a deadline on the holdover language.

Councilmember Bacerra questioned the reaffirming of the commissioner.

City Clerk Hall clarified the reappointment terms and processes.

City Attorney Carvalho elaborated on the difficulty of the holdover language and affirmed an ordinance can be made to modify the holdover language.

Commissioner Lopez expressed the difficulty of holdovers and recruiting commissioners.

SUBSTITUTE MOTION: Councilmember Lopez moved to receive and file Item No. 17, seconded by Mayor Pro Tem Vazquez.

MINUTES: Mayor Amezcua expressed concern with previous possible changes to the Personnel Board and stated that rules need to be applied equally.

City Attorney Carvalho emphasized the importance of council members maintaining neutrality in the selection of commissioners.

Councilmember Phan supported establishing a 90-day deadline for reappointment nominations, with failure to nominate resulting in a vacant seat. She also noted that the removal of a commissioner can be added to future agendas if needed.

SUBSTITUTE MOTION: Councilmember Phan moved to bring the item back for consideration and include an amendment that continues the holdover but requires a new nomination within 90-days of the swearing in of the Councilmember; failure to nominate and receive an affirmative appointment within the 90-days will result in a vacancy of that seat, seconded by City Council 7 – 20 4/1/2025
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Councilmember Bacerra.

The motion failed, 3-3, by the following roll call vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

COUNCILMEMBER BACERRA, COUNCILMEMBER PHAN ,

MAYOR AMEZCUA

COUNCILMEMBER HERNANDEZ, COUNCILMEMBER

LOPEZ, MAYOR PRO TEM VAZQUEZ
NONE

COUNCILMEMBER PENALOZA
Status: 3 – 3 – 0 – 1 – Fail
Motion fails due to tie.

SUBSTITUTE MOTION: Councilmember Lopez moved to receive and file Item No. 17, seconded by Mayor Pro Tem Vazquez.

The motion carried, 4-2, by the following roll call vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

COUNCILMEMBER HERNANDEZ, COUNCILMEMBER

LOPEZ, COUNCILMEMBER PHAN, MAYOR PRO TEM

VAZQUEZ

COUNCILMEMBER BECERRA, MAYOR AMEZCUA
NONE

COUNCILMEMBER PENALOZA
Status: 4 – 2 – 0 – Pass
**END OF BUSINESS CALENDAR**

COUNCILMEMBER REQUESTED ITEMS

18.Discuss and consider directing the City Manager to prepare a resolution expressing City support for the Santa Ana Unified School District Graduate Profile by formally recognizing its importance and aligning city resources to reinforce its key attributes. – Mayor Pro Tem Vazquez
MINUTES: Councilmember Vazquez presented the Graduate Profile Resolution model to establish a partnership with graduating high school students from Santa Ana Unified School District (SAUSD), aiming to secure employment opportunities by utilizing their internships and program experiences that prepare them for job roles within the community.

Councilmember Hernandez spoke in support of the item.

Mayor Amezcua stated she would not be supporting the item due to the recent SAUSD layoffs.

Councilmember Bacerra stated he would not be supporting the item due to the recent SAUSD layoffs.

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Councilmember Lopez expressed her support for the students and questioned what the City’s resources are being used for and the outcome.

Mayor Pro Tem Vazquez expanded on the goal of the District Graduate Profile, emphasizing the creation of diverse job opportunities and internship placements for students. He advocated for connecting city and district resources to support and showcase youth programs, and partnering with businesses to provide employment and hands-on experience to student.

MOTION: At 11:08 P.M., Councilmember Phan moved to continue discussion and consideration of the remainder of the agenda, seconded by Mayor Amezcua.

The motion carried, 6-0, by the following roll call vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

COUNCILMEMBER BACERRA, COUNCILMEMBER

HERNANDEZ, COUNCILMEMBER LOPEZ,

COUNCILMEMBER PHAN, MAYOR PRO TEM VAZQUEZ,

MAYOR AMEZCUA
NONE
NONE

COUNCILMEMBER PENALOZA
Status: 6 – 0 – 0 – 0 – Pass
MINUTES: Councilmember Phan expressed support in the City and youth engagement within the workforce and suggested the resolution include all neighboring school districts.

Mayor Amezcua spoke in support of Councilmember Phan’s suggestions.

RECESS
MINUTES: Mayor Amezcua recessed the City Council meeting and convened the Special Housing Authority meeting at 11:12 P.M.

RECONVENE
MINUTES: Mayor Amezcua adjourned the Special Housing Authority meeting and reconvened the City Council meeting to order at 11:14 P.M.

CITY MANAGER COMMENTS
MINUTES: City Manager Alvaro Nuñez shared details regarding the City’s budget and encouraged the community to participate in the budget survey to provide input. He shared planning efforts for the Civic Center and the City’s sponsorship of a real estate competition between Chapman University and UC Irvine students and highlighted upcoming events: the Grow Conference with the Santa Ana Chamber of Commerce on City Council 7 – 22 4/1/2025
CITY COUNCIL 23 MARCH 18, 2025
March 27th, the Sahuayo Business Expo on March 28th, and the Santa Ana Fun Run 5K on May 17th.

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.

1. March 9-13, 2025 Mayor Valerie Amezcua – NLC Congressional City Conference, Washington D.C.

MINUTES: Councilmember Lopez thanked the residents who attended office hours at Fischer Park and announced the next session is on April 12. She expressed interest in the Adopt-a-Lot program.

Councilmember Hernandez left the meeting at 11:18 P.M.

Councilmember Phan invited everyone to attend the Same Day Solution Fair, hosted by Supervisor Sarmiento on March 27th at 4300 Westminster Ave., 92703. She expressed her excitement for the 5k Fun Run on May 17th.

Mayor Pro Tem Vazquez shared that parking rates are $20–$25 at the Third & Broadway structure, which is not city owned. He met with the Work Site Center to discuss job programs and the need for more industry partners, met with a rent control group, and expressed interest in meeting with the Economic Development team.

Mayor Amezcua, pursuant to AB1234, announced her travel to Washington D.C. She thanked the Cal Optima Board for awarding the City of Santa Ana the Street Medicine Program. She announced Coffee with the Mayor on March 22nd at the Boys and Girls Club and a Neighborhood Association meeting March 25th at the SAPD Community Room. She inquired about ICE activity in the City.

Police Chief Robert Rodriguez stated there were no known ICE raids in the City.

ADJOURNMENT – Adjourn the City Council meeting.

MINUTES: Mayor Amezcua adjourned the meeting in memory of Deputy Sheriff Hector Cuevas, Jr. at 11:24 P.M.

Respectfully submitted:
___________________________
Jennifer L. Hall, CMC
City Clerk
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Planning and Building Agency
www.santa-ana.org/planning-and-building
Item # 10
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
April 1, 2025
TOPIC: Ten-Day Written Report Pursuant to California Government Code Section 65858(d) Following the Adoption of Urgency Ordinance No. NS-3064 Moratorium Extension (Transit Zoning Code (SD-84) Moratorium)

AGENDA TITLE
Ten-Day Written Report Pursuant to California Government Code Section 65858(d) Following the Adoption of Urgency Ordinance No. NS-3064 Extension of Ten (10) Months and Fifteen (15) Days, Pursuant to California Government Code Section 65858(a), regarding a Moratorium on the Approval, Commencement, Establishment, Relocation, or Expansion of Industrial Uses within Specific Development No. 84 (Transit Zoning Code (SD-84) Moratorium)

RECOMMENDED ACTION
Issue and file a Council report to the public, pursuant to Section 65858(d) of the California Government Code, describing the City’s measures to alleviate conditions that led to the adoption of Urgency Ordinance No. NS-3064 on May 21, 2024, regarding a moratorium extension of ten (10) months and fifteen (15) days on the approval, commencement, establishment, relocation, or expansion of industrial uses within Specific Development No. 84 (the Transit Zoning Code (SD-84) Moratorium).

GOVERNMENT CODE §84308 APPLIES: No

EXECUTIVE SUMMARY
Pursuant to Section 65858(d) of the California Government Code, the purpose of this staff report is to provide a written report no less than ten (10) days prior to the expiration of Urgency Ordinance No. NS-3064 describing the measures the City has taken to alleviate the conditions which led to the adoption of Ordinance No. NS-3064.

On May 21, 2024, the City Council adopted Urgency Ordinance No. NS-3064, which establishes a ten (10) months and fifteen (15) days extension period of a moratorium on the approval, commencement, establishment, modification, relocation, or expansion of industrial uses in Specific Development No. 84 (SD-84), also known as the Transit Zoning Code (commonly referred to as the “Transit Zoning Code” or “TZC”) while City staff researches appropriate permanent regulations and determines whether an additional extension, pursuant to California Government Code Section 65858(a), is necessary.

City Council 10 – 1 4/1/2025
Ten-Day Report Describing Measures Taken to Alleviate the Conditions which Led to the Adoption of Urgency Ordinance No. NS-3064 (Transit Zoning Code Moratorium Extension)
April 1, 2025

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Urgency Ordinance No. NS-3064 shall have no further force and effect ten (10) months and fifteen (15) days from the date of its adoption, unless, after a report during the TZC moratorium extension period and a public hearing, the City Council members, again by four/fifths (4/5) vote, extend the Ordinance for up to an additional twelve (12) months beyond the additional ten (10) months and fifteen (15) days of the initial Ordinance extension. Based on the adoption date of May 21, 2024, the Ordinance is scheduled to expire on April 15, 2025.

City staff continues to analyze and develop permanent regulations to address industrial business uses within the TZC. Staff continues to research, obtain community feedback, and work with planning and legal environmental consultants to prepare recommendations for the City Council’s consideration, following the Planning Commission’s recommendation to do so on March 6, 2025. Such actions may entail a zoning map amendment, zoning text amendment, or both, which would address industrial land uses in the TZC.

DISCUSSION
Background
On April 16, 2024, the City Council adopted Urgency Interim Ordinance No. NS-3063, establishing a 45-day moratorium on the approval, commencement, establishment, relocation, or expansion of industrial uses within the TZC. The purpose of the moratorium was to immediately offer protection of public health, safety, and welfare from industrial uses significantly causing pollution burden to adjacent residential neighborhoods within the TZC.

On May 7, 2024, the City Council issued a report to the public, pursuant to Section 65858(d) of the California Government Code, describing the City’s measures to alleviate conditions that led to the adoption of the moratorium.

On May 21, 2024, the City Council adopted Ordinance No. NS-3064 to extend the moratorium for an additional ten (10) months and fifteen (15) days pursuant to the Government Code as necessary to provide sufficient time for staff to continue with data tracking and reporting, research appropriate regulations, and coordinate with outside regulatory agencies and City departments to determine whether further, permanent action was necessary and to generate recommendations to the Planning Commission and City Council. During the moratorium period, the City has not issued permits that have resulted in the approval, commencement, establishment, modification, relocation, or expansion of industrial uses in the TZC.

Staff held a work-study session at the Planning Commission on February 10, 2025, which was open to the public. During the work-study session, Planning Commission members City Council 10 – 2 4/1/2025
Ten-Day Report Describing Measures Taken to Alleviate the Conditions which Led to the Adoption of Urgency Ordinance No. NS-3064 (Transit Zoning Code Moratorium Extension)
April 1, 2025

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and members of the community posed additional questions and provided input on topics of key importance surrounding land use, code violations, the role of outside agencies and their enforcement, and financial and legal implications that required staff to carry out additional research. On February 24, 2025 and March 6, 2025, the Planning Commission held a public hearing and recommended approval of the TZC ordinance and map amendments with clarifying edits. However, this recommendation is advisory and the City Council retains the ultimate authority to approve, modify, or reject the proposed amendments after their own review and consideration of all presented information, including the Planning Commission's recommendations, staff reports, and public input.

Measures Taken
Review of City Department Activities
During the initial 45-day moratorium and the moratorium extension of ten (10) month and fifteen (15) days, City staff conducted interagency meetings that included representatives from multiple City departments: the Planning Division, Building Safety Division, Code Enforcement Division, Business License, and Information Technology. Additionally, engagement with agencies such as the Santa Ana Police Department (SAPD), Public Works Agency, and the Community Development Agency’s Economic Development Division has produced critical information illustrating the extent to which industrial activities interface with residential land uses in the TZC area, specifically and most concentrated in the Logan and Lacy neighborhoods.

Data based on Business License and Economic Development records indicate that application of the moratorium affects up to 127 industrial businesses in the TZC. Of the affected businesses, approximately three have active applications for permits, primarily seeking to legalize unpermitted work on industrial properties.

City staff has continued to review public safety data from SAPD and Orange County Fire Authority (OCFA) to assess community concerns regarding emergency responses in the TZC. SAPD records show a total of 18,736 calls for service between March 2023 and July 2024, with 226 of those occurring between April and July 2024 within the Logan and Lacy neighborhoods. These calls encompassed a wide range of incidents, including patrol checks, disturbances, and traffic-related issues. Notably, 1,909 calls involved collisions, vehicle impoundments, domestic violence, and SAMC violations. OCFA data from 2022 to August 2024 indicates 238 calls for advanced life support emergencies. In 2022, 29 calls were related to respiratory issues, chest pain, and cardiac arrest, with a subsequent 7% increase in health-related calls in 2023. While the data reflects a broad spectrum of emergency responses, the concentration of industrial businesses in the TZC raises the possibility that some of these calls, particularly those related to respiratory issues and traffic incidents, may be influenced by industrial operations.

City Council 10 – 3 4/1/2025
Ten-Day Report Describing Measures Taken to Alleviate the Conditions which Led to the Adoption of Urgency Ordinance No. NS-3064 (Transit Zoning Code Moratorium Extension)
April 1, 2025

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Currently, City staff has an internal process established that continues to track and monitor incoming notices of compliance or notices of violations from outside regulatory agencies issued to a particular business/operator. City Code Enforcement activities and implementation of the City’s Noxious Uses Ordinance continue being monitored at these facilities. Code Enforcement data show enforcement activity within the TZC, where at the time of adoption of the moratorium, 16 active open cases were issued Notice of Violations and administrative citations for the following types of violations: illegal storage, land use, zoning, property and landscape maintenance, unpermitted work, business license, and certificate of occupancy. Such violations include issues of odors, dust, traffic, noise, vibrations, and other documented impacts. Recent code enforcement complaints on properties in the Logan neighborhood involve complaints for recurring unpermitted work and land use violations that involve large commercial vehicles blocking street access and impacting nearby residents. In the past 12 months, the Code Enforcement Division conducted investigations at over 35 commercial and industrial properties within the TZC.

These investigations led to administrative citations, ongoing enforcement actions, and onsite meetings with business owners.

The City of Santa Ana Code Enforcement Division is currently addressing 21 open code enforcement violations or compliance reviews specifically involving industrial businesses within the TZC area. This activity demonstrates the City’s direct involvement in overseeing these businesses to mitigate potential environmental and public health risks.

Review of Records and Activities of External Agencies
To broaden the analysis beyond the City's local land use impacts, City staff have received public records requested of compliance status, violation records, and violation status of outside regulatory agencies, and have contacted staff from external regulatory agencies such as the South Coast Air Quality Monitoring District (SCAQMD), Santa Ana Regional Quality Water Control Board (SARQWCB), the Department of Toxic Substances Control (DTSC), Certified Unified Program Agencies (CUPA), California Environmental Reporting System (CERS), and others responsible for issuing regulatory permits for industrial uses in the TZC. Specifically, these agencies are responsible for permit issuance, compliance activities, and/or monitoring hazardous clean-up sites, or other industrial facility-related activities and have received current data requests for sites located within the TZC zoning district.

Data from outside regulatory agencies assist City staff in further understanding activities between external regulatory agencies and industrial businesses that may place additional impacts on public health, safety, and welfare in affected neighborhoods adjacent to industrial businesses in the TZC. This information would enable City staff to understand the correlation and environmental burdens that may be attributed to permitted activities for industrial City Council 10 – 4 4/1/2025
Ten-Day Report Describing Measures Taken to Alleviate the Conditions which Led to the Adoption of Urgency Ordinance No. NS-3064 (Transit Zoning Code Moratorium Extension)
April 1, 2025

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businesses in historically environmentally disadvantaged communities, specifically the Logan and Lacy neighborhoods.

Records show SCAQMD issued two notices to comply with one industrial business on August 2023 and April 2024 for failure to maintain records, such as temperature graphs, poundage logs, and source test data. SCAQMD issued several permits to construct and to operate to the new operator of this same facility, which is currently in compliance with SCAQMD. Two notices of violation were issued to one industrial business for operating a paint spray booth without a valid permit to operate from SCAQMD.

The report from the SARWQCB from 2024 shows three (3) active industrial business in the TZC in violation of their permit for providing a late report or incomplete and/or insufficient information for their Stormwater Pollution Prevention Plan (SPPP). In March 2025, one of the three businesses with active violations concluded a financial settlement directly with the SARWQCB agency.

Public records from the CUPA for Orange County, spanning 2022-2024, reveal a pattern of non-compliance with environmental and hazardous materials regulations among industrial businesses within the TZC. While some 2023 violations related to Hazardous Material Business Plan staff training and reporting were later corrected, current records indicate four businesses still have multiple open violations. These ongoing issues include non-compliance with documentation for hazardous waste transportation and disposal, as well as deficiencies in industrial stormwater reporting requirements. These violations highlight potential risks to public health and the environment.

Air emission complaints continue to be reported to SCAQMD. These complaints included one involving black smoke and another regarding unpermitted soil vapor extraction equipment onsite. SCAQMD staff has clarified that for air quality complaints they receive, their inspector is required to be physically present to observe the activity from the facility described in the complaint to determine if the complaint warrants further investigation or enforcement action in accordance with SCAQMD Rules 401 (Visible Emissions), 402 (Public Nuisance), and 403 (Fugitive Dust). Therefore, although community members continue to share concerns with City and SCAQMD staff, the turnaround time for an SCAQMD inspector to be physically present at an SCAQMD-permitted facility to investigate an air quality complaint, especially if a complaint is reported after working hours or on weekends, is ineffective in addressing the immediate needs of the community.

Public Engagement and Planning Commission Recommendation Following City Council's extension of the TZC moratorium on May 21, 2024, City staff have been developing permanent regulations for the TZC district for the City Council’s consideration. Leading up to the special Planning Commission meeting held on March 6, City Council 10 – 5 4/1/2025
Ten-Day Report Describing Measures Taken to Alleviate the Conditions which Led to the Adoption of Urgency Ordinance No. NS-3064 (Transit Zoning Code Moratorium Extension)
April 1, 2025

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2025, City staff engaged in a comprehensive outreach effort regarding TZC regulations, holding 20 meetings in various formats with affected stakeholders. This included:
• Direct engagement through eight individual and group meetings with business owners and brokers,
• Two focus group meetings with TZC business owners,
• Community outreach involving two neighborhood/resident group meetings, • Two City-hosted TZC (SD-84) meetings: the October 22, 2024 City Informational Meeting and the March 3, 2025 Community Meeting,
• Three site visits at the request of businesses, and
• Three Planning Commission meetings (February 10, 2025 Study Session and February 24/March 6 Public Hearings).

This extensive engagement aimed to gather diverse input for the development of permanent TZC regulations. To proactively ensure important communications reached all stakeholders, City staff mailed notices to all property owners and occupants, comprising 3,599 addresses, within the Transit Zoning Code area for each of the following meetings:
the October 22, 2024 City Informational Meeting, the Planning Commission February 10, 2025 Study Session and February 24, 2025 Public Hearing notice, and the City Council April 1, 2025 Public Hearing Notice.

City staff from the Neighborhood Initiatives and Environmental Services (NIES) section of the Planning Division continue to coordinate with City departments, external regulatory agencies, and staff from other federal and state agencies to identify additional resources available to enhance deeper awareness of pollution exposure in disadvantaged communities, long-term health effects, and immediate solutions. The NIES team has held meetings and discussions with staff from the Centers for Disease Control and Prevention/Agency for Toxic Substances and Disease Registry and CalEPA Environmental Justice Team to identify opportunities for linking environmental justice (EJ) resources and support to the Logan and Lacy neighborhoods.

Next Steps
To address polluting industrial uses in the TZC during the ten (10) month and fifteen (15) day extension of the moratorium approved by Urgency Ordinance No. NS-3064, staff continues interagency coordination efforts, stakeholder outreach, and data analysis to inform permanent code amendments to the TZC zoning district that will be presented to City Council for their consideration. Permanent code amendments to address incompatible land uses in the TZC may include a zoning map amendment, zoning text amendment, or both, which would permanently address industrial land uses in the TZC (SD-84).

City Council 10 – 6 4/1/2025
Ten-Day Report Describing Measures Taken to Alleviate the Conditions which Led to the Adoption of Urgency Ordinance No. NS-3064 (Transit Zoning Code Moratorium Extension)
April 1, 2025

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ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.

FISCAL IMPACTS
There is no fiscal impact associated with this action.

EXHIBITS

1. Adopted Urgency Interim Ordinance No. NS-3063

2. April 16, 2024 City Council Staff Report (without attachments)

3. Ten-Day Written Report – May 7, 2024

4. Adopted Urgency Interim Ordinance No. NS-3064

5. May 21, 2024 City Council Staff Report (without attachments) Submitted By: Ali Pezeshkpour, AICP, Acting Executive Director, Planning and Building Agency
Approved By: Alvaro Nuñez, City Manager
City Council 10 – 7 4/1/2025
ORDINANCE NO. NS-3063

AN URGENCY ORDINANCE OF THE CITY OF SANTA

ANA PURSUANT TO GOVERNMENT CODE SECTION
65858 ADOPTING A 45-DAY MORATORIUM ON THE

APPROVAL, COMMENCEMENT, ESTABLISHMENT,

RELOCATION OR EXPANSION OF INDUSTRIAL USES
WITHIN SPECIFIC DEVELOPMENT NO. 84 ZONING

DISTRICT
WHEREAS, the City of Santa Ana has the police power pursuant to Article XI, section 7 of the California Constitution, to make and enforce ordinances to regulate the use of land within its jurisdictional boundaries; and
WHEREAS, Government Code Section 65858 expressly authorizes the City Council, in order to protect the public health, safety and welfare, to adopt an interim urgency ordinance prohibiting a use that is in conflict with a contemplated general plan, specific plan, or zoning proposal that the legislative body, planning commission, or the planning department is considering or studying or intends to study within a reasonable time, provided that the urgency measure shall require a four-fifths vote of the legislative body for adoption, and shall be of no further force and effect forty-five (45) days from its date of adoption, unless duly extended; and
WHEREAS, Specific Development No. 84 zoning district, also known as the Transit Zoning Code (TZC), located in the central core of Santa Ana, comprises approximately 450 acres, encompasses the Logan, Lacy, and Downtown neighborhoods, and was adopted by the City Council on June 7, 2010; and WHEREAS, upon the initial adoption of the TZC in 2010, the General Plan of the City of Santa Ana was updated with new land use designations for the areas covered by the TZC to allow for new, mixed-use residential and commercial communities; and WHEREAS, the goals of the TZC are to provide a transit-supportive, pedestrianoriented development framework to support the addition of new and enhancement of existing communities through transit infrastructure; to preserve and reinforce the existing character and pedestrian nature of the City by strengthening urban form through improved development and design standards; to encourage alternative modes of transportation; to provide zoning for the integration of new infill development into existing neighborhoods; to provide for a range of housing options; and to allow for the reuse of existing structures; and
WHEREAS, industrial uses were established within the Logan and Lacy neighborhoods in close proximity to sensitive land uses such as residences and schools prior to the adoption of the TZC, as far back as the late 19th century, predating modern Ordinance No. NS - 3063

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Exhibit 1 - Adopted Urgency Interim Ordinance No. NS-3063 City Council 10 – 8 4/1/2025
zoning practices that take into account irreconcilable land use conflicts among variegated land uses; and
WHEREAS, the TZC provides new mixed-use zoning for properties contained within its boundary while creating industrial overlay zones allowing properties being used as industrial uses at the time of its adoption to continue to be governed by industrial zoning districts until such time that properties were converted to the mixeduse zones allowed by the TZC; and WHEREAS, Senate Bill (SB) 1000 went into effect in 2018, requiring local governments to identify environmental justice communities, called "disadvantaged communities", in their jurisdictions and address environmental justice in their general plans through facilitating transparency and public engagement in the planning and decision-making processes, reducing harmful pollutants and the associated health risks in disadvantaged communities, and promoting equitable access to health-inducing benefits such as healthy housing options; and
WHEREAS, the City of Santa Ana completed a comprehensive update of its General Plan in April 2022; and
WHEREAS, the Office of the Attorney General of the State of California was actively involved in ensuring Santa Ana's General Plan update complied with all aspects of SB 1000 prior to its adoption; and
WHEREAS, as required by SB 1000, update of the General Plan and its associated land use plan identified and addressed long standing environmental justice issues throughout all of its elements, which include 77 implementation actions aimed at reducing harmful pollutants and associated health risks in disadvantaged communities; and
WHEREAS, numerous policies of the General Plan are inconsistent with the present, irreconcilable land use pattern of the TZC. Specifically, these policies include Policy LU-1.1 (Compatible Uses), Policy LU-3.8 (Sensitive Receptors), Policy LU-3.9 (Noxious, Hazardous, Dangerous, and Polluting Uses), Policy LU-3.11 (Air Pollution Buffers), Policy LU-4.3 (Sustainable Land Use Strategies), Policy LU-4.6 (Healthy Living Conditions), Policy CM-3.2 (Healthy Neighborhoods), Policy EP-1.9 (Avoid Conflict of Uses), and Policy CN-1.5 (Sensitive Receptor Decisions), which are targeted at correcting past land use planning practices that have placed an unequitable environmental and health burden on certain neighborhoods now termed disadvantaged communities; and
WHEREAS, the industrial overlay zones in the TZC perpetuate past planning practices of locating industrial uses, or other noxious and unwanted uses, in close proximity to communities of color; and
Ordinance No. NS - 3063

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WHEREAS, the Logan neighborhood is the oldest Mexican and MexicanAmerican neighborhood in Santa Ana and one of the oldest in Orange County, and one of the few places where Mexicans and those of Mexican descent were allowed to buy land due to restrictions and covenants based on race during the first half of the 20th century and
WHEREAS, the construction of Santa Ana (1-5) Freeway through Santa Ana in the 1950s resulted in a number of families being displaced through the demolition of single-family homes in the northeastern portion of the Logan neighborhood; and WHEREAS, in the 1970s a proposed expansion of an arterial highway along Civic Center Avenue would have demolished a significant portion, if not all, of the Logan neighborhood; and
WHEREAS, the Logan and Lacy neighborhoods are within the second and third highest scored census tracts in Santa Ana, each with a composite score of 90 percent or greater, ranking in the 90th percentile or greater of census tracts in the State, and identified as "disadvantaged communities" by the Office of Environmental Health Hazard Assessment (OEHHA) in its CalEnviroScreen model; and WHEREAS, Assembly Bill (AB) 686 requires local jurisdictions to take deliberate actions to explicitly address, combat, and relieve disparities to disadvantaged communities, such as Logan and Lacy neighborhoods, resulting from past patterns of segregation, disinvestment, and planning practices; and WHEREAS, the updated land use plan in the Land Use Element of the General Plan does not designate any properties within the TZC, including the Logan or Lacy neighborhoods, as industrial; rather, are designated as varying intensities of District Center or Urban Neighborhood land use designations-both of which are inconsistent with industrial uses; and
WHEREAS, there are pressing and growing code enforcement complaints stemming from the irreconcilable land use conflicts in the TZC. Specifically, in the Logan and Lacy neighborhoods, the City's Code Enforcement Division has investigated over 33 commercial and industrial properties in the past nine months and currently has 17 active open cases that have been issued Notice of Violations and administrative citations for the following types of violations: illegal storage, land use, zoning, property and landscape maintenance, unpermitted work, business license, and certificate of occupancy. The close proximity of active open industrial cases during a short period of time is creating a public nuisance that is draining City resources and that is harming public health, safety, and general welfare of the TZC's existing and new residential neighborhoods from the concentration of open code enforcement cases nearby; and WHEREAS, in the Logan neighborhood, 52 industrial facilities (automotive, warehouse/storage, crematory, towing yards, construction) are presently in close proximity to sensitive uses monitored by external regulatory agencies such as South Ordinance No. NS - 3063

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Coast AQMD, Orange County Health Care Agency - Certified Unified Program Agencies (OC CUPA), Santa Ana Regional Water Quality Board (SARWQB), Orange County Fire Authority. Industrial facilities have caused significant pollution exposure to disadvantaged communities, including lead risk in soil and housing, diesel particulate matter from idling trucks, toxic release from facilities, traffic impacts, noise pollution, and airborne particulate matter or fine inhalable particles of 2.5 (PM2.5) microns or less in diameter. CalEnviroScreen reports higher environmental effects from active facility cleanup sites, hazardous waste facilities, and solid waste locations. Cumulative health impacts in the area include asthma, cardiovascular disease, and low birth weight, in this overburdened disadvantaged community factored by socioeconomic indicators of poverty, linguistic isolation, housing burden, and education; and WHEREAS, in the Lacy neighborhood, 76 industrial facilities (automotive, warehouse/storage, towing yards, construction) are presently in close proximity to sensitive uses monitored by external regulatory agencies such as South Coast AQMD, Orange County Health Care Agency - Certified Unified Program Agencies (OC CUPA), Santa Ana Regional Water Quality Board (SARWQB), Orange County Fire Authority.

Industrial facilities have caused significant pollution onto disadvantaged communities, including lead risk exposure, diesel particulate matter from idling trucks, toxic release from facilities, traffic impacts, noise pollution, vibration impacts, and airborne particulate matter or fine inhalable particles of 2.5 (PM2.5) microns or less in diameter.

CalEnviroScreen reports higher environmental effects from active facility cleanup sites, hazardous waste facilities, and solid waste locations. Cumulative health impacts in the area include asthma, cardiovascular disease, and low birth weight, in this overburdened disadvantaged community factored by socioeconomic indicators of poverty, linguistic isolation, housing burden, and education; and
WHEREAS, there is a recent surge in residential development activity in the TZC that is exacerbating the irreconcilable land use conflicts between residential and industrial land uses. Examples include the Lacy Crossing residential development with over 100 ownership units directly adjacent to existing industrial land uses, for which the City receives regular complaints from residential occupants of disturbances from noise, vibrations, odors, and truck traffic; and the Rafferty mixed-use development with 218 residential units, including 11 onsite units for very-low income households, which is located less than one-fifth of a mile from industrial land uses; and WHEREAS, there is a marked increase in the pending and active development applications for industrial land uses in the TZC, including for contractor's yards, construction debris storage yards, manufacturing operations, expansion of existing industrial businesses, and storage and warehousing operations, stemming from shifting economic demands for goods and services emerging from the Covid-19 pandemic; and WHEREAS, The City Council approved a contract with Moore, lacofano, Goltsman, Inc. (MIG) on October 17, 2023. To ensure the City's Zoning Code and General Plan are consistent, and to maintain compliance with state law, comprehensive amendments to the Zoning Code are required; and
Ordinance No. NS - 3063

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WHEREAS, MIG and City staff have conducted extensive community outreach, stakeholder interviews, and reviews of existing zoning-related codes and policies in Santa Ana. These early efforts have indicated that the irreconcilable land use conflicts and land use inconsistencies in the TZC area are among the top, most pressing topics that must be addressed as part of the comprehensive Zoning Code Update process in order to protect the health, safety, and welfare of the most vulnerable communities that face the impacts of the land use conflicts within the TZC area; and WHEREAS, the policies and implementation actions in the General Plan also require review, study, and possible revision in order to respond to recent concerns relating to the impacts of these industrial business uses in the TZC; and WHEREAS, given these concerns, the City Council hereby directs that a study be undertaken of the current provisions of the TZC to address industrial business uses and determine whether such uses should be permitted in the zoning district, and if not, proceed with an ordinance amendment to preclude such uses from the district; and WHEREAS, based on the foregoing, the City Council finds that continuing to issue permits, business licenses, or other applicable entitlements to individuals wishing to use their property located in the TZC for the purposes of industrial business use, prior to the City's completion of its study of the potential impact of such uses, would pose a current and immediate threat to the public health, safety, and welfare, and that a temporary moratorium on the issuance of such permits, licenses, and entitlements in the TZC area is thus necessary; and
WHEREAS, if an industrial business use is permitted in the TZC without further review and potential regulation, it will pose a serious threat to the public interest, health, safety and welfare for the following reasons:
(1) Adversely impacts surrounding businesses and neighborhoods; (2) Adversely impacts sensitive uses such as residences, schools, parks, and places where children congregate;
(3) Conflicts with the goals and policies of the City's General Plan; (4) Long-term incompatibility and inconsistency with surrounding uses; and (5) Risks to the public health, safety and welfare of the City; and WHEREAS, prevention of detrimental impacts to residents, the public interest, health, safety and welfare requires the immediate enactment of this urgency ordinance.

The absence of this urgency ordinance will create a serious threat to the orderly and effective implementation of any code amendments, general plan amendments or specific plan amendments which may be adopted by the City; industrial business uses may be in conflict with or frustrate the contemplated updates and revisions to the Code.

Moreover, permitting such uses during said studies and implementation would create Ordinance No. NS - 3063

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impacts on the public health, safety and welfare that the City Council, in adopting this ordinance, has found to be unacceptable; and
WHEREAS, the City Council finds, determines and declares that the current and immediate threat to the public health, safety and welfare of the city and its citizens necessitates the immediate enactment of this urgency ordinance by a four-fifths vote of the City Council.

NOW, THEREFORE, the City Council of the City of Santa Ana does ordain as follows:

Section 1. The recitals above are each incorporated by reference and adopted as findings by the City Council.

Section 2. The City Council finds and determines that this ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant to sections 15061(b)(3) and 15061(b)(5) of the CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, as the ordinance will temporarily preclude the approval, commencement, establishment, relocation or expansion of uses in the zoning district.

Section 3. California Government Code Section 65858 authorizes the City Council to adopt an interim urgency ordinance, without following the procedures otherwise required for the adoption of an ordinance, to protect the public safety, health, and welfare, prohibiting any uses that may be in conflict with a contemplated general plan, specific plan, or zoning proposal that the City Council, Planning Commission or the planning department is considering or studying or intends to study within a reasonable time.

Section 4. The City Council, in accordance with Government Code Section 65858, hereby adopts this urgency ordinance establishing a 45-day moratorium on the approval, commencement, establishment, modification, relocation or expansion of industrial uses in the TZC while City staff researches appropriate regulations and whether an extension pursuant to the Government Code is necessary. For the purposes of this Ordinance, "industrial uses" includes those specified by Divisions 18 and 19 of Article Ill of Chapter 41 of the Santa Ana Municipal Code, and by Section 41-2007 of the Santa Ana Municipal Code and Table 2A in the Transit Zoning Code (Specific Development No. 84).

Section 5. This ordinance shall have no further force and effect forty-five (45) days from the date of its adoption; unless, however, after public hearing the City Council members, by four/fifths (4/5) vote, extend this ordinance for an initial period of ten (10) months and fifteen (15) days and subsequently, after public hearing, the City Council members, by four/fifths (4/5) vote, extend this ordinance one more year.

Ordinance No. NS - 3063

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Section 6. It shall be unlawful and a misdemeanor for any person to violate or fail to comply with any provision of the ordinance. The violation of any provision of this ordinance shall be punished as provided in Section 1-8 of Chapter 1 of the Code.

Section 7. If any section, subsection, phrase, or clause of this ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection, phrase or clause thereof irrespective of the fact that any one or more sections, subsections, phrases, or clauses be declared invalid or unconstitutional.

Section 8. This ordinance is introduced, passed and adopted at one and the same meeting and is thereafter immediately effective. The City Council finds that this ordinance is necessary to protect the public safety, health and welfare. The reasons for the emergency are set forth in Section 1 of this ordinance.

Section 9. The City Clerk shall certify to the adoption of this ordinance and cause the same to be published in the manner prescribed by law.

ADOPTED this 16th day of April, 2024.

APPROVED AS TO FORM:

Sonia R. Carvalho
City Attorney
By:

Chief
Laura
&�f\-
Assistant
A. Rossini
Cit
.£�
y Attorney
AYES: Councilmembers Amezcua, Bacerra, Hernande.Lopez,
Penaloza Phan, Vazquez (7
)
NOES: Councilmembers -=-N=oc.:...;n=e_,_(-=-0,._) __________ _ ABSTAIN: Councilmembers _N_on-'-e_ �(_0�) __________ _
NOT PRESENT: Councilmembers -'-N'""'on-'--' """e ..... (0 ...... .___ ) _________ _ Ordinance No. NS - 3063

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CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, JENNIFER L. HALL, City Clerk, do hereby attest to and certify the attached Ordinance No. NS-3063 to be the original ordinance adopted by the City Council of the City of Santa Ana on April 16, 2024.

Ordinance No. NS - 3063

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Planning and Building Agency
www.santa-ana.org/planning-and-building
Item # 28
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
April 16, 2024
TOPIC: Transit Zoning Code Urgency Interim Ordinance (Moratorium)

AGENDA TITLE
Urgency Interim Ordinance Pursuant to Section 65858(a) of the California Government Code Adopting a 45-day Moratorium on the Approval, Commencement, Establishment, Relocation, or Expansion of Industrial Uses within Specific Development No. 84

RECOMMENDED ACTIONS

1. Adopt an urgency ordinance by four-fifths (4/5) vote, pursuant to California Government Code Section 65858(a), adopting a 45-day moratorium on the approval, commencement, establishment, relocation, or expansion of industrial uses within Specific Development No. 84 zoning district.

ORDINANCE NO. NS-XXXX entitled AN URGENCY INTERIM ORDINANCE OF

THE CITY OF SANTA ANA PURSUANT TO GOVERNMENT CODE SECTION 65858 ADOPTING A 45-DAY MORATORIUM ON THE APPROVAL,

COMMENCEMENT, ESTABLISHMENT, RELOCATION OR EXPANSION OF INDUSTRIAL USES WITHIN SPECIFIC DEVELOPMENT NO. 84 ZONING

DISTRICT

2. Find that, in accordance with the California Environmental Quality Act (CEQA), the proposed action is not subject to the requirements of the California Environmental Quality Act, pursuant to (Guidelines) Section 15060(c)(2) because the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment and 15060(c)(3) because the activity is not a project as defined in Section 15378 of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly and so is not a project.

GOVERNMENT CODE §84308 APPLIES: No

EXECUTIVE SUMMARY
Staff is recommending adoption of an urgency interim ordinance, pursuant to Government Code Section 65858(a), also known as a moratorium, to address current and immediate threats to public health, safety, and welfare, due to growing code Exhibit 2 - April 16, 2024 City Council Staff Report (without attachments) City Council 10 – 16 4/1/2025
Transit Zoning Code Urgency Interim Ordinance (Moratorium) April 16, 2024

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enforcement complaints stemming from the irreconcilable land use conflicts within the Specific Development No. 84 zoning district (commonly referred to as the “Transit Zoning Code” or “TZC”). Specifically, in the Logan and Lacy neighborhoods, and surrounding areas, the City’s Code Enforcement Division has investigated over 33 commercial and industrial properties in the past nine months and currently has 17 active open cases that have been issued Notice of Violations and administrative citations for the following types of violations: illegal storage, land use, zoning, property and landscape maintenance, unpermitted work, business license, and certificate of occupancy. The close proximity of active open industrial cases during a short period is creating a public nuisance that is straining City resources and that is harming public health, safety, and general welfare of the TZC’s existing and new residential neighborhoods.

If adopted, the urgency ordinance would establish a 45-day moratorium on the approval, commencement, establishment, modification, relocation, or expansion of industrial uses in the TZC while City staff researches appropriate regulations and determines whether an extension pursuant to the Government Code is necessary. The urgency ordinance shall have no further force and effect 45-days from the date of its adoption, unless, after a report on the first 45 days and a public hearing, the City Council members, again by four/fifths (4/5) vote, extend this ordinance for an initial extension period of ten (10) months and fifteen (15) days.

DISCUSSION
Background
Specific Development No. 84 (the Transit Zoning Code)
The Specific Development No. 84 zoning district, also known as the Transit Zoning Code (“TZC”), is located in the central urban core of the City and comprises over 100 blocks and 450 acres. The TZC includes the Civic Center, Downtown, and the Logan and Lacy neighborhoods, which are among the City’s most historic in age and in established residential communities. As shown in Exhibit 2, the TZC is generally bounded by First Street, Flower Street, Civic Center Drive, Grand Avenue, and the Santa Ana (I-5) Freeway. Prior to the implementation of the TZC, the area consisted of a wide range of civic, commercial, industrial, and residential land uses under a variegated amalgamation of zoning districts and their regulations.

In June 2010, the City Council adopted Ordinance No. NS-2804, adopting various entitlements approving the creation of the TZC. The TZC established a transitsupportive, pedestrian-oriented development framework to support the addition of new transit infrastructure; preserve and reinforce the existing character and pedestrian nature of the City by strengthening urban form through improved development and City Council 10 – 17 4/1/2025
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design standards; encourage alternative modes of transportation; provide for a range of housing options; and allow for the reuse of existing structures.

Moreover, the TZC provided new zoning for all of the properties contained within its boundary with the exception of those properties zoned Light Industrial (M1) or Heavy Industrial (M2). These M1 and M2 properties retained their existing zoning, but were covered by two overlay zones that allows for the option of future mixed-use development to be exercised at the discretion of the property owner. In support of the TZC, the City Council also approved a General Plan amendment, establishing numerous mixed-use General Plan land use designations for the entirety of the TZC. In these industrial overlay areas, however, the resulting new General Plan land use designations immediately resulted in zoning inconsistencies and land use conflicts between the new General Plan land use designations and the industrial overlays.

Since 2010, and specifically in the Logan and Lacy neighborhoods, these industrial uses have remained, changed ownership, undergone expansions or intensifications, and created numerous land use conflicts and disturbances that affect surrounding residential communities. Specifically, in the Logan neighborhood alone, these land uses create quality of life, health and safety, and other trespass issues for residential properties that often directly abut these industrial land uses. These issues include odors, dust, traffic, noise, vibrations, and other documented impacts that have taken place for nearly a decade and a half, despite the change in underlying General Plan land use designation.

Comprehensive Zoning Code Update
The City Council approved a contract with Moore, Iacofano, Goltsman, Inc. (MIG) on October 17, 2023. To ensure the City’s Zoning Code and General Plan are consistent, and to maintain compliance with state law, comprehensive amendments to the Zoning Code are required. Necessary amendments include the creation of new zoning district designations and corresponding development standards; updates to the definitions, signage, nonconforming, and parking sections; reorganization of the entire Zoning Code to a more user-friendly format; and new standards to reflect new land use trends, economic development trends, and land use goals of the City.

MIG and City staff have conducted extensive community outreach, stakeholder interviews, and reviews of existing zoning-related codes and policies in Santa Ana. These early efforts have indicated that the irreconcilable land use conflicts and land use inconsistencies in the TZC area are among the top, most pressing topics that must be addressed as part of the comprehensive Zoning Code Update process in order to protect the health, safety, and welfare of the most vulnerable communities that face the impacts of the land use conflicts within the TZC area.

City Council 10 – 18 4/1/2025
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Historically Disadvantaged Communities
Prior to the adoption of the City’s Transit Zoning Code (TZC), the City permitted industrial uses within the Logan and Lacy neighborhoods in close proximity to sensitive land uses such as residences and schools. By way of context, the Logan neighborhood represents the oldest Mexican and Mexican-American neighborhoods of Santa Ana and one of the oldest barrios in Orange County, and one of the few places where Mexicans and those of Mexican descent were allowed to buy land due to restrictions and covenants based on race during the first half of the 20th century. Moreover, as a neighborhood, the area was established before the modern practice of separating impactful land uses, also known as zoning. The Logan neighborhood itself originated as early as 1886 and was largely settled by 1900, before the practice of zoning was enshrined by Village of Euclid v. Ambler Realty Co. in 1926. By then, the neighborhood comprised residential, industrial, commercial, and related land uses, with issues further exacerbated by rail lines, fuel storage depots, and the construction of the Santa Ana Freeway between 1947 and 1956.

Comprehensive data analysis and mapping tools generated by the California EPA (CalEPA), the Center for Diseases Control/Agency for Toxic Substances and Disease Registry (CDC/ATSDR), the U.S. EPA (EPA), and California Healthy Places Index (HPI), present concerning information regarding environmental conditions impacting residents in the Logan and Lacy neighborhoods. Exhibit 3 of this report references EJ maps showing rankings of at least 90% or higher in heavy air pollution attributed to indicators describing exposure to Particulate Matter (PM) 2.5, Diesel Particulate Matter, Air Toxics Cancer Risk, Toxic Releases to Air, and Hazardous Water Proximity exposures. Multiple sources of environmental exposure and pollution burden into communities of color, including the Logan and Lacy neighborhoods, presents an alarming set of challenges and decline in healthy community conditions that will impact their quality of life and life expectancy with continued heavy industrial uses nearby.

Implementation of Senate Bill (SB 1000), City General Plan Update (GPU), and new Environmental Justice (EJ) Policies and Actions
SB 1000 went into effect in 2016, requiring local governments to address pollution and other hazards that disproportionately impact low-income and communities of color within their jurisdiction as a way to proactively plan for and address environmental concerns when developing and updating components of the General Plan. During this period, the City began and extended its comprehensive public engagement process for the General Plan Update through its adoption in April 2022. The City and community worked to ensure that the new General Plan included SB 1000 requirements of addressing environmental justice in local general plans through facilitating transparency and public engagement in the planning and decision-making processes, reducing City Council 10 – 19 4/1/2025
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harmful pollutants and the associated health risks in disadvantaged communities, and promoting equitable access to health-inducing benefits such as healthy housing options.

Of note, the new General Plan mixed-use land use designations in the TZC area were largely left intact, including those in the Lacy and Logan neighborhoods, when the General Plan Update was adopted in 2022.

Santa Ana’s current General Plan champions implementation policies, including 77 EJ actions that address air quality, noxious uses, water safety, residential lead exposure in the soil, and other environmental public health conditions. City staff, over the past year, have worked on a process to create an EJ Action Committee of EJ cluster area residents, community-based organizations (CBOs), and County and City staff representatives, to guide implementation and resource investments to protect neighborhoods from experiencing any further environmental harm. For the Logan and Lacy neighborhoods, incompatible land uses allowed from past zoning decisions, including the industrial overlay zones, have perpetuated the practices of locating industrial uses or other noxious and unwanted uses, in close proximity to communities of color.

Code Enforcement and Immediate Ongoing Issues
In the Lacy and Logan neighborhoods within the TZC, the Code Enforcement Division has investigated over 33 commercial and industrial properties in the past nine months and currently has 17 active open cases that have been issued Notice of Violations and administrative citations for the following types of violations: illegal storage, land use, zoning, property and landscape maintenance, unpermitted work, business license, and certificate of occupancy. These violations include issues of odors, dust, traffic, noise, vibrations, and other documented impacts. The close proximity of active open industrial cases during a short period is creating a public nuisance that is harming public health, safety, and general welfare of the two residential neighborhoods from the concentration of open code enforcement cases nearby.

Since June 2023, the TZC communities have experienced a marked increase in impacts stemming from the irreconcilable industrial and residential land use conflicts in the Logan and Lacy neighborhoods. Residents in the TZC have increased their reporting of complaints and public health concerns to City staff regarding emitted contaminants and zoning violations from industrial businesses in the neighborhoods. Concerns that range from air pollution and smoke, toxic release exposures, idling trucks on residential streets, lead exposure, illegal storage, unpermitted uses, loud noise at night, and other property maintenance pose an immediate public health threat that is straining public resources to continuously investigate and address these matters. Six months ago, a fire incident at Macera Crematory, located at 1020 Fuller Street, alarmed neighbors at 9:18 p.m. on August 29, 2023. Neighbors shared with City officials disturbing video of high flames escaping the stack on the rooftop, the screeching noise that went nonstop for 10 minutes, and what they described as a foul odor attributed to the fire. As City staff City Council 10 – 20 4/1/2025
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followed up with external regulatory agencies issuing permits to operate this facility, and quickly, staff observed the limitations from regulatory agencies and their compartmentalized processes to investigate and act on enforcement measures.

Since 2022, the City has enhanced community services by restructuring its Planning Division to contain a Neighborhood Initiatives and Environmental Services (NIES) section, which oversees, among other functions, environmental justice efforts in Santa Ana and regional coordination to address such issues. Despite this restructuring, it is now well documented that the NIES section’s coordination with external regulatory agencies has not resulted in a favorable outcome in enforcement by responsible external agencies such as South Coast Air Quality Management District (SCAQMD), California Department of Consumer Affairs Cemetery and Funeral Bureau (CFB), and Orange County Fire Authority (OCFA) in many of these investigations. In response, the City has adopted new regulations such as a Noxious Uses Ordinance (Ordinance No.

NS-3044, adopted June 20, 2023), which amends Zoning Ordinance No. 2023-01 that includes: a notification requirement to the City by the property owner to obtain a permit from a regulatory public agency; a requirement of a 1,000 linear foot distance buffer measured from the outermost boundary of the subject property; and a conditional use permit requirement from a regulatory public agency to handle, store, emit, or discharge particulate materials, exhaust emissions, or regulated compounds, or chemicals near a public park, school (K-12), or property zoned for residential purposes.

City staff have also researched commercial real estate acquisition data and current for sale properties to identify any trends that could potentially generate an increase in the application of the City’s Noxious Uses Ordinance for proposed or expanded industrial uses. From September 2022 to date, seven properties, primarily industrial businesses, sold and three of those businesses (800-808 E. Washington Avenue, 1045 Fuller Street, and 923 N. Logan Street) are located in the Logan neighborhood. Currently, two large properties are in the market for multifamily and land types located in the TZC.

Environmental Justice (EJ)/Disadvantaged Communities (DACs) Profile: Logan and Lacy neighborhood impacts
A demographic profile of the Lacy and Logan neighborhoods combined represent a population of 5,907, which encompass 1,564 households, a median household income of $56,864, average household size is nearly four persons, median age is 27 years, percapita income is $23,495, and 74% comprise renter-occupied units based on demographic forecasts for 2023. Nearly 25% of the population is under 14 years of age and 14% are 55 years of age and older. Nearly 3% of the population attended up to 12th grade with no diploma, over 31% are high school graduates, and nearly 97% of the working population over 16 years of age are employed.

This data illustrates that the Logan and Lacy neighborhoods are within the second and third highest scored census tracts in Santa Ana, each with a composite score of 90% or City Council 10 – 21 4/1/2025
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greater, ranking in the 90th percentile or greater of census tracts in the State, and identified as “disadvantaged communities” by the Office of Environmental Health Hazard Assessment (OEHHA) in its CalEnviroScreen model. Failure to address ongoing irreconcilable land use conflicts that are the target of this moratorium will further exacerbate the ongoing demographic and environmental justice challenges that these two neighborhoods within the TZC have grappled with since their founding.

General Plan Inconsistency with Present Land Uses
Numerous policies of the General Plan are inconsistent with the present, irreconcilable land use pattern of the TZC. Specifically, these policies include Policy LU-1.1 (Compatible Uses), Policy LU-3.8 (Sensitive Receptors), Policy LU-3.9 (Noxious, Hazardous, Dangerous, and Polluting Uses), Policy LU-3.11 (Air Pollution Buffers), Policy LU-4.3 (Sustainable Land Use Strategies), Policy LU-4.6 (Healthy Living Conditions), Policy CM-3.2 (Healthy Neighborhoods), Policy EP-1.9 (Avoid Conflict of Uses), and Policy CN-1.5 (Sensitive Receptor Decisions), which are targeted at correcting past land use planning practices that have placed an unequitable environmental and health burden on certain neighborhoods now termed disadvantaged communities.

The purpose of the interim ordinance is to immediately offer protection of public health, safety, and welfare from these irreconcilable land use conflicts in the TZC, during the time that City staff analyzes and prepares an evaluation of industrial business uses within the TZC. Such an evaluation will enable staff to generate recommendations to the Planning Commission and City Council to determine whether industrial uses should be permitted in the zoning district, and, if not, proceed with an ordinance and zoning map amendment to the district. During the interim moratorium period, City staff will not issue permits, business licenses, or other applicable entitlements to individuals wishing to use their property for the purposes of industrial business use in the TZC.

ENVIRONMENTAL IMPACT
This ordinance is not subject to the California Environmental Quality Act (“CEQA”), as the proposed action is not subject to the requirements of CEQA, pursuant to Guidelines Section 15060(c)(2) because the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment and 15060(c)(3) because the activity is not a project as defined in Section 15378 of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly and so is not a project, as the ordinance will temporarily preclude the approval, commencement, establishment, relocation, or expansion of uses in the zoning district.

FISCAL IMPACTS
There is no fiscal impact associated with this action.

City Council 10 – 22 4/1/2025
Transit Zoning Code Urgency Interim Ordinance (Moratorium) April 16, 2024

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EXHIBITS

1. Interim Ordinance (Moratorium)

2. Transit Zoning Code (TZC) Map

3. Logan and Lacy Community Summary Infographic and Environmental Justice (EJ) Data Maps City General Plan Environmental Justice Implementation Actions

4. City General Plan Environmental Justice (EJ) Implementation Actions Submitted By: Ali Pezeshkpour, AICP, Planning Manager
Approved By: Alvaro Nuñez, Acting City Manager
City Council 10 – 23 4/1/2025
Planning and Building Agency
www.santa-ana.org/planning-and-building
Item # 15
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
May 7, 2024
TOPIC: Ten-Day Written Report Pursuant to California Government Code Section 65858(d) Following the Adoption of Urgency Interim Ordinance No. NS-3063

AGENDA TITLE
Ten-Day Written Report Pursuant to California Government Code Section 65858(d) Following Adoption of Urgency Interim Ordinance No. NS-3063, a 45-day Moratorium on the Approval, Commencement, Establishment, Relocation, or Expansion of Industrial Uses within Specific Development No. 84

RECOMMENDED ACTION
Issue and file a Council report to the public, pursuant to Section 65858(d) of the California Government Code, describing the City’s measures to alleviate conditions that led to the adoption of Urgency Interim Ordinance No. NS-3063, on April 16, 2024, regarding a 45-day moratorium on the approval, commencement, establishment, relocation, or expansion of industrial uses within Specific Development No. 84 (the Transit Zoning Code).

GOVERNMENT CODE §84308 APPLIES: No

EXECUTIVE SUMMARY
Pursuant to Section 65858(d) of the California Government Code, the purpose of this staff report is to provide a written report no less than ten days prior to the expiration of Urgency Interim Ordinance No. NS-3063 describing the measures City staff has taken to alleviate the condition which led to the adoption of the Ordinance.

On April 16, 2024, the City Council adopted Urgency Interim Ordinance No. NS-3063, which establishes a 45-day moratorium on the approval, commencement, establishment, modification, relocation, or expansion of industrial uses in Specific Development No. 84, also known as the Transit Zoning Code (commonly referred to as the “Transit Zoning Code” or “TZC”) while City staff researches appropriate regulations and determines whether an extension pursuant to the Government Code is necessary.

Urgency Interim Ordinance No. NS-3063 shall have no further force and effect 45 days from the date of its adoption, unless, after a report on the first 45 days and a public hearing, the City Council members, again by four/fifths (4/5) vote, extend the Ordinance Exhibit 3 - Ten-Day Written Report - May 7, 2024
City Council 10 – 24 4/1/2025
Ten-Day Report Describing Measures Taken to Alleviate the Condition which Led to the Adoption of Urgency Interim Ordinance No. NS-3063 (Transit Zoning Code Moratorium) May 7, 2024

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for an initial extension period of ten (10) months and fifteen (15) days. Based on the adoption date of April 16, 2024, the Ordinance is scheduled to expire on June 1, 2024.

As City staff begins to analyze and prepare an evaluation of industrial business uses within the TZC, the evaluation will enable staff to generate recommendations to the Planning Commission and City Council to determine whether further, permanent action is necessary. Such action may entail a zoning map amendment, zoning text amendment, or both, which would address industrial land uses in the TZC.

DISCUSSION
Background
On April 16, 2024, the City Council adopted Urgency Interim Ordinance No. NS-3063 to immediately offer protection of public health, safety, and welfare from industrial uses significantly causing pollution burden to adjacent neighborhoods through the following conditions, including: code enforcement active cases; irreconcilable land use conflicts in the TZC; alarming air quality, noise, traffic, proximity to noxious use facilities, and public health concerns; and external regulatory agency responsiveness. During the urgency interim moratorium period, the City will not issue permits that result in the approval, commencement, establishment, modification, relocation, or expansion of industrial uses in the TZC.

Measures Taken
Review of City Department Activities
Immediately following the adoption of the 45-day moratorium, staff conducted an interagency meeting, which included representatives from multiple City departments.

These departments include the Planning Division, Building Safety Division, Code Enforcement Division, Business License, and Information Technology. Moreover, engagement with additional agencies such as the Police Department, Public Works Agency, and the Community Development Agency’s Economic Development Division has produced critical information illustrating the extent to which industrial activities are intertwined with residential land uses in the TZC area, specifically and most concentrated in the Logan and Lacy neighborhoods.

Data based on Business License and Economic Development records indicate that the application of Urgency Interim Ordinance No. NS-3063 affects up to 130 industrial businesses in the TZC. Of these, over one-dozen have active applications for permits, the majority of which are to legalize unpermitted work on industrial properties and address ongoing Code Enforcement Division notices of violation.

City Council 10 – 25 4/1/2025
Ten-Day Report Describing Measures Taken to Alleviate the Condition which Led to the Adoption of Urgency Interim Ordinance No. NS-3063 (Transit Zoning Code Moratorium) May 7, 2024

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City staff continues to gather, review, and analyze information regarding affected industrial businesses within the TZC. Specific data and reporting pertains to applications submitted by industrial businesses for permits, entitlements, certificates of occupancy, business licenses, and other relevant records immediately prior to and following the adoption of the Urgency Interim Ordinance and currently being reviewed by City staff.

Requests for information on calls for service and incident activities responded to by public safety departments of the Santa Ana Police Department and Orange County Fire Authority (OCFA) are being reviewed by City staff to understand and validate public safety concerns or impacts shared by neighbors in disadvantaged communities with actual calls and emergencies reported.

In addition, City staff continues to monitor Code Enforcement Division activities and implementation of the City’s Noxious Uses Ordinance pertaining to these facilities. Code Enforcement staff will broaden data reports that show enforcement activity beyond the Lacy and Logan neighborhoods within the TZC, where at the time of adoption of the Urgency Interim Ordinance on April 16, 2024, 17 active open cases were issued Notice of Violations and administrative citations for the following types of violations: illegal storage, land use, zoning, property and landscape maintenance, unpermitted work, business license, and certificate of occupancy. Such violations include issues of odors, dust, traffic, noise, vibrations, and other documented impacts. The close proximity of active open industrial cases during a short period is creating a public nuisance that is harming public health, safety, and general welfare of the two residential neighborhoods from the concentration of open code enforcement cases nearby.

Review of Records and Activities of External Agencies
To broaden the analysis beyond the City's local land use impacts, City staff have initiated public records requests of violation records and violation status of outside regulatory agencies, and have contacted staff from external regulatory agencies such as the South Coast Air Quality Monitoring District (SCAQMD), Santa Ana Regional Quality Water Control Board, the Department of Toxic Substances Control, and others responsible for issuing supportive permits for industrial uses in the TZC. Specifically, these agencies are responsible for permit issuance, compliance activities, and/or monitoring hazardous clean-up sites, or other industrial facility-related activities and have received current data requests for sites located within SD No. 84.

Data from external regulatory agencies would assist City staff in further understanding activities between external regulatory agencies and industrial businesses that may place additional impacts on public health, safety, and welfare in affected neighborhoods adjacent to industrial businesses in the TZC. This information would enable City staff to understand the correlation and environmental burdens that may be attributed to permitted activities for industrial businesses in historically environmentally disadvantaged communities, specifically the Logan and Lacy neighborhoods. In City Council 10 – 26 4/1/2025
Ten-Day Report Describing Measures Taken to Alleviate the Condition which Led to the Adoption of Urgency Interim Ordinance No. NS-3063 (Transit Zoning Code Moratorium) May 7, 2024

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response to the City’s request, SCAQMD clarified the need to process the records request by larger geographic areas, not specifically matching the boundaries of the TZC. When reports become available to the City, additional time will be needed for City staff to carefully review and analyze other internal data to understand all activities (internal and external) and affected industrial businesses.

Comprehensive Zoning Code Update and Neighborhood Engagement City staff continues to work with Project Consultant Moore, Iacofano, Goltsman, Inc. (MIG) to ensure the City’s Zoning Code and General Plan are consistent and, to maintain compliance with state law, comprehensive amendments to the Zoning Code are required.

MIG and City staff have already conducted extensive community outreach, stakeholder interviews, and reviews of existing zoning-related codes and policies in Santa Ana. These early efforts have indicated that the irreconcilable land use conflicts and land use inconsistencies in the TZC area are among the top, most pressing topics that must be addressed as part of the comprehensive Zoning Code Update process in order to protect the health, safety, and welfare of the most vulnerable communities that face the impacts of the land use conflicts within the TZC area.

City staff from the Neighborhood Initiatives and Environmental Services (NIES) section of the Planning Division will continue to coordinate with City departments, external regulatory agencies, and staff from other federal and state agencies to identify additional resources available to enhance deeper awareness of pollution exposure in disadvantaged communities, long-term health effects, and immediate solutions. The NIES team has held meetings and discussions with staff from the Centers for Disease Control and Prevention/Agency for Toxic Substances and Disease Registry and CalEPA Environmental Justice Team to identify opportunities for linking environmental justice (EJ) resources and support to the Logan and Lacy neighborhoods. In addition, the NIES team has been working with the residents selected to represent the City’s EJ Clusters to complete the formation of the EJ Action Committee, the community-led EJ advocacy group, to guide the prioritization and resource investments to implement the City’s General Plan EJ Policies and Implementation Actions.

Next Steps
Staff implements the 45-day moratorium established by Urgency Interim Ordinance No.

NS-3063 through ongoing interagency coordination. Moreover, staff will continue to analyze and prepare an evaluation of industrial business uses within the TZC, which will enable staff to generate recommendations to the Planning Commission and City Council to determine whether an extension of the 45-day moratorium is recommended.

If an extension is recommended, it would be placed on the May 21, 2024 City Council agenda as a public hearing item, which is prior to the June 1 expiration date.

City Council 10 – 27 4/1/2025
Ten-Day Report Describing Measures Taken to Alleviate the Condition which Led to the Adoption of Urgency Interim Ordinance No. NS-3063 (Transit Zoning Code Moratorium) May 7, 2024

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During the 45-day moratorium and any potential extension period, staff will evaluate if further, permanent action to address the land use conflicts in the TZC is necessary.

Such action may entail a zoning map amendment, zoning text amendment, or both, which would permanently address industrial land uses in the TZC.

Meeting Date Display

FISCAL IMPACTS
There is no fiscal impact associated with this action.

EXHIBITS

1. Adopted Urgency Interim Ordinance No. NS-3063

2. April 16, 2024 City Council Staff Report
Submitted By: Minh Thai, Planning and Building Agency Executive Director Approved By: Alvaro Nuñez, Acting City Manager
City Council 10 – 28 4/1/2025
UNCODIFIED URGENCY ORDINANCE NO. NS-3064

AN UNCODIFIED URGENCY ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF SANTA ANA, EXTENDING A

MORATORIUM ON THE APPROVAL, COMMENCEMENT,

ESTABLISHMENT, RELOCATION OR EXPANSION OF

INDUSTRIAL USES WITHIN SPECIFIC DEVELOPMENT
NO. 84 ZONING DISTRICT FOR AN ADDITIONAL TEN (10)
MONTHS AND FIFTEEN (15) DAYS PURSUANT TO
GOVERNMENT CODE SECTION 65858
WHEREAS, the City of Santa Ana has the police power pursuant to Article XI, section 7 of the California Constitution, to make and enforce ordinances to regulate the use of land within its jurisdictional boundaries; and
WHEREAS, Government Code Section 65858 expressly authorizes the City Council, in order to protect the public health, safety and welfare, to adopt an interim urgency ordinance prohibiting a use that is in conflict with a contemplated general plan, specific plan, or zoning proposal that the legislative body, planning commission, or the planning department is considering or studying or intends to study within a reasonable time, provided that the urgency measure shall require a four-fifths vote of the legislative body for adoption, and shall be of no further force and effect forty-five (45) days from its date of adoption, unless duly extended; and
WHEREAS, on April 16, 2024, the City Council adopted a Moratorium on the approval, commencement, establishment, relocation or expansion of industrial uses within Specific Development No. 84 ("SD-84") also known as the Transit Zoning Code ("TZC") by adoption of Urgency Ordinance No. NS-3063 to immediately offer protection of public health, safety, and welfare from industrial uses significantly causing pollution burden to adjacent residential neighborhoods in the TZC (SD-84) through the following conditions, including: code enforcement active cases; irreconcilable land use conflicts in the TZC; alarming air quality, noise, traffic, proximity to noxious use facilities, and public health concerns; and external regulatory agency responsiveness; and WHEREAS, the Moratorium will expire on June 1, 2024 unless extended; and WHEREAS, Government Code Section 65858 authorizes the City Council, after notice pursuant to Government Code Section 65090 and a public hearing, to adopt an ordinance extending the Moratorium for 10 months and 15 days, upon approval by a fourth-fifths vote, and upon making the same findings required for the adoption of the initial forty-five (45) day Moratorium; and
WHEREAS, Government Code Section 65858(d) requires the City Council, ten days prior to the expiration of the Moratorium or any extension thereof, to issue a written report describing the measures taken to alleviate the condition which led to the adoption of the Moratorium; and
Ordinance No. NS-3064

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Exhibit 4 - Adopted Urgency Interim Ordinance No. NS-3064 City Council 10 – 29 4/1/2025
WHEREAS, on May 7, 2024, City staff prepared, and the City Council issued and filed a report to the public, pursuant to Section 65858(d) of the California Government Code, describing the City's measures to alleviate conditions that led to the adoption of the Moratorium; and
WHEREAS, Santa Ana Charter Sections 415 and 417 expressly authorize the City Council to enact urgency ordinances, which take effect immediately upon introduction, for the immediate preservation of the public peace, health or safety, containing a declaration of the facts constituting the urgency; and WHEREAS, Government Code Section 65858, authorizes the City Council to adopt an interim urgency ordinance with a four-fifths vote, without following the procedures otherwise required for the adoption of an ordinance, to protect the public safety, health, and welfare, prohibiting any uses that may be in conflict with a contemplated general plan, specific plan, or zoning proposal that the City Council, Planning Commission or the planning department is considering or studying or intends to study within a reasonable time; and
WHEREAS, in unanimously adopting the Moratorium on April 16, 2024, the City Council of the City of Santa Ana established the following findings, all of which below remain true and applicable and necessary to support extending the Moratorium:
• The TZC, located in the central core of Santa Ana, comprises approximately 450 acres, encompasses the Logan, Lacy, and Downtown neighborhoods, and was adopted by the City Council on June 7, 2010; and
• Upon the initial adoption of the TZC in 2010, the General Plan of the City of Santa Ana was updated with new land use
designations for the areas covered by the TZC to allow for new, mixed-use residential and commercial communities; and
• The goals of the TZC are to provide a transit-supportive, pedestrian-oriented development framework to support the addition of new and enhancement of existing communities through transit infrastructure; to preserve and reinforce the existing character and pedestrian nature of the City by strengthening urban form through improved development and design standards; to encourage alternative modes of
transportation; to provide zoning for the integration of new infill development into existing neighborhoods; to provide for a range of housing options; and to allow for the reuse of existing structures; and
• Industrial uses were established within the Logan and Lacy neighborhoods in close proximity to sensitive land uses such as Ordinance No. NS-3064

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City Council 10 – 30 4/1/2025
residences and schools prior to the adoption of the TZC, as far back as the late 19th century, predating modern zoning
practices that take into account irreconcilable land use conflicts among variegated land uses; and
• The TZC provides new mixed-use zoning for properties
contained within its boundary while creating industrial overlay zones allowing properties being used as industrial uses at the time of its adoption to continue to be governed by industrial zoning districts until such time that properties were converted to the mixed-use zones allowed by the TZC; and
• Senate Bill (SB) 1000 went into effect in 2018, requiring local governments to identify environmental justice communities, called "disadvantaged communities", in their jurisdictions and address environmental justice in their general plans through facilitating transparency and public engagement in the planning and decision-making processes, reducing harmful pollutants and the associated health risks in disadvantaged communities, and promoting equitable access to health-inducing benefits such as healthy housing options; and
• The City of Santa Ana completed a comprehensive update of its General Plan in April 2022; and
• The Office of the Attorney General of the State of California was actively involved in ensuring Santa Ana's General Plan update complied with all aspects of SB 1000 prior to its adoption; and • As required by SB 1000, update of the General Plan and its associated land use plan identified and addressed long standing environmental justice issues throughout all of its elements, which include 77 implementation actions aimed at reducing harmful pollutants and associated health risks in disadvantaged communities; and
• Numerous policies of the General Plan are inconsistent with the present, irreconcilable land use pattern of the TZC. Specifically, these policies include Policy LU-1.1 (Compatible Uses), Policy LU-3.8 (Sensitive Receptors), Policy LU-3.9 (Noxious,
Hazardous, Dangerous, and Polluting Uses), Policy LU-3.11 (Air Pollution Buffers), Policy LU-4.3 (Sustainable Land Use Strategies). Policy LU-4.6 (Healthy Living Conditions), Policy CM-3.2 (Healthy Neighborhoods), Policy EP-1.9 (Avoid Conflict of Uses), and Policy CN-1.5 (Sensitive Receptor Decisions), which are targeted at correcting past land use planning Ordinance No. NS-3064

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City Council 10 – 31 4/1/2025
practices that have placed an unequitable environmental and health burden on certain neighborhoods now termed
disadvantaged communities; and
• The industrial overlay zones in the TZC perpetuate past planning practices of locating industrial uses, or other noxious and unwanted uses, in close proximity to communities of color; and
• The Logan neighborhood is the oldest Mexican and MexicanAmerican neighborhood in Santa Ana and one of the oldest in Orange County, and one of the few places where Mexicans and those of Mexican descent were allowed to buy land due to restrictions and covenants based on race during the first half of the 2oth century; and
• The construction of Santa Ana (1-5) Freeway through Santa Ana in the 1950s resulted in a number of families being displaced through the demolition of single-family homes in the
northeastern portion of the Logan neighborhood; and
• In the 1970s a proposed expansion of an arterial highway along Civic Center Avenue would have demolished a significant portion, if not all, of the Logan neighborhood; and
• The Logan and Lacy neighborhoods are within the second and third highest scored census tracts in Santa Ana, each with a composite score of 90 percent or greater, ranking in the 90th percentile or greater of census tracts in the State, and identified as "disadvantaged communities" by the Office of Environmental Health Hazard Assessment (OEHHA) in its CalEnviroScreen model; and
• Assembly Bill (AB) 686 requires local jurisdictions to take deliberate actions to explicitly address, combat, and relieve disparities to disadvantaged communities, such as Logan and Lacy neighborhoods, resulting from past patterns of
segregation, disinvestment, and planning practices; and • The updated land use plan in the Land Use Element of the General Plan does not designate any properties within the TZC, including the Logan or Lacy neighborhoods, as industrial; rather, are designated as varying intensities of District Center or Urban Neighborhood land use designations-both of which are
inconsistent with industrial uses; and
Ordinance No. NS-3064
Page4of11
City Council 10 – 32 4/1/2025
• There are pressing and growing code enforcement complaints stemming from the irreconcilable land use conflicts in the TZC.

Specifically, in the Logan and Lacy neighborhoods, the City's Code Enforcement Division has investigated over 33
commercial and industrial properties in the past nine months and currently has 17 active open cases that have been issued Notice of Violations and administrative citations for the following types of violations: illegal storage, land use, zoning, property and landscape maintenance, unpermitted work, business
license, and certificate of occupancy. The close proximity of active open industrial cases during a short period of time is creating a public nuisance that is draining City resources and that is harming public health, safety, and general welfare of the TZC's existing and new residential neighborhoods from the concentration of open code enforcement cases nearby; and • In the Logan neighborhood, 52 industrial facilities (automotive, warehouse/storage, crematory, towing yards, construction) are presently in close proximity to sensitive uses monitored by external regulatory agencies such as South Coast AQMD,
Orange County Health Care Agency - Certified Unified Program Agencies (OC CUPA), Santa Ana Regional Water Quality Board (SARWQB), Orange County Fire Authority. Industrial facilities have caused significant pollution exposure to disadvantaged communities, including lead risk in soil and housing, diesel particulate matter from idling trucks, toxic release from facilities, traffic impacts, noise pollution, and airborne particulate matter or fine inhalable particles of 2.5 (PM2.5) microns or less in diameter. CalEnviroScreen reports higher environmental effects from active facility cleanup sites, hazardous waste facilities, and solid waste locations. Cumulative health impacts in the area include asthma, cardiovascular disease, and low birth weight, in this overburdened disadvantaged community factored by
socioeconomic indicators of poverty, linguistic isolation, housing burden, and education; and
• In the Lacy neighborhood, 76 industrial facilities (automotive, warehouse/storage, towing yards, construction) are presently in close proximity to sensitive uses monitored by external regulatory agencies such as South Coast AQMD, Orange
County Health Care Agency - Certified Unified Program
Agencies (OC CUPA), Santa Ana Regional Water Quality Board (SARWQB), Orange County Fire Authority. Industrial facilities have caused significant pollution onto disadvantaged
communities, including lead risk exposure, diesel particulate matter from idling trucks, toxic release from facilities, traffic Ordinance No. NS-3064

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City Council 10 – 33 4/1/2025
impacts, noise pollution, vibration impacts, and airborne particulate matter or fine inhalable particles of 2.5 (PM2.5) microns or less in diameter. CalEnviroScreen reports higher environmental effects from active facility cleanup sites, hazardous waste facilities, and solid waste locations.

Cumulative health impacts in the area include asthma,
cardiovascular disease, and low birth weight, in this
overburdened disadvantaged community factored by
socioeconomic indicators of poverty, linguistic isolation, housing burden, and education; and
• There is a recent surge in residential development activity in the TZC that is exacerbating the irreconcilable land use conflicts between residential and industrial land uses. Examples include the Lacy Crossing residential development with over 100 ownership units directly adjacent to existing industrial land uses, for which the City receives regular complaints from residential occupants of disturbances from noise, vibrations, odors, and truck traffic; and the Rafferty mixed-use development with 218 residential units, including 11 onsite units for very-low income households, which is located less than one-fifth of a mile from industrial land uses; and
• There is a marked increase in the pending and active
development applications for industrial land uses in the TZC, including for contractor's yards, construction debris storage yards, manufacturing operations, expansion of existing industrial businesses, and storage and warehousing operations,
stemming from shifting economic demands for goods and
services emerging from the Covid-19 pandemic; and
• The City Council approved a contract with Moore, lacofano, Goltsman, Inc. (MIG) on October 17, 2023. To ensure the City's Zoning Code and General Plan are consistent, and to maintain compliance with state law, comprehensive amendments to the Zoning Code are required; and
• MIG and City staff have conducted extensive community outreach, stakeholder interviews, and reviews of existing zoning-related codes and policies in Santa Ana. These early efforts have indicated that the irreconcilable land use conflicts and land use inconsistencies in the TZC area are among the top, most pressing topics that must be addressed as part of the comprehensive Zoning Code Update process in order to protect the health, safety, and welfare of the most vulnerable
Ordinance No. NS-3064

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City Council 10 – 34 4/1/2025
communities that face the impacts of the land use conflicts within the TZC area; and
• The policies and implementation actions in the General Plan also require review, study, and possible revision in order to respond to recent concerns relating to the impacts of these industrial business uses in the TZC; and
• Given these concerns, the City Council directed that a study be undertaken of the current provisions of the TZC to address industrial business uses and determine whether such uses should be permitted in the zoning district, and if not, proceed with an ordinance amendment to preclude such uses from the district; and
• Based on the foregoing, the City Council found that continuing to issue permits, business licenses, or other applicable entitlements to individuals wishing to use their property located in the TZC for the purposes of industrial business use, prior to the City's completion of its study of the potential impact of such uses, would pose a current and immediate threat to the public health, safety, and welfare, and that a temporary moratorium on the issuance of such permits, licenses, and entitlements in the TZC area is thus necessary; and
• The City Council further found that if an industrial business use is permitted in the TZC without further review and potential regulation, it will pose a serious threat to the public interest, health, safety and welfare for the following reasons:
o Adversely impacts surrounding businesses and
neighborhoods;
o Adversely impacts sensitive uses such as residences,
schools, parks, and places where children congregate;
o Conflicts with the goals and policies of the City's General Plan;
o Long-term incompatibility and inconsistency with
surrounding uses; and
o Risks to the public health, safety and welfare of the City; and
• The City Council also determined that prevention of detrimental impacts to residents, the public interest, health, safety and welfare required the immediate enactment of the urgency ordinance and that the absence of the urgency ordinance will create a serious threat to the orderly and effective
Ordinance No. NS-3064

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City Council 10 – 35 4/1/2025
implementation of any code amendments, general plan
amendments or specific plan amendments which may be
adopted by the City; industrial business uses may be in conflict with or frustrate the contemplated updates and revisions to the Code. Moreover, permitting such uses during said studies and implementation would create impacts on the public health, safety and welfare that the City Council, in adopting the ordinance, found to be unacceptable; and
WHEREAS, Since the adoption of the Moratorium, City staff has begun to gather data and research the impact of these industrial uses in the TZC as set forth in the report issued by the City Council on May 7, 2204; and
WHEREAS, there is a need to study further the issues associated with industrial uses in the TZC and the impact that these uses have on the adjacent residential neighborhoods and their residents; and
WHEREAS, City staff, the Planning Commission, and the City Council each require a reasonable period of time to study the existing SD-84/TZC and to evaluate if further, permanent action to address the land use conflicts in the TZC is necessary; and WHEREAS, the City Council wishes to extend the Moratorium for a period of ten (10) months and fifteen (15) days, or until the City Council adopts an ordinance addressing the issues raised, whichever occurs first; and WHEREAS, at a duly noticed public hearing on May 21, 2024, the City Council heard testimonial evidence and all other evidence submitted from members of the public that were present and from City staff. The City Council reviewed, analyzed, considered and studied all oral and written testimony and evidence presented at the public hearing, including staff reports and presentations of City staff.

NOW, THEREFORE, the City Council of the City of Santa Ana does ordain as follows:

Section 1. The recitals above are each incorporated by reference and adopted as findings by the City Council.

Section 2. The City Council finds that there is a current and immediate threat to public health, safety and welfare posed by industrial uses in SD-84, also known as, the TZC. If an industrial business use is permitted in the TZC without further review and potential regulation, it will pose a serious threat to the public interest, health, safety and welfare due to adverse impacts on surrounding businesses and neighborhoods; adverse impacts on sensitive uses such as residences, schools, parks, and places where children congregate; conflicts with the goals and policies of the City's General Plan; and the effect of long term incompatibility and inconsistency with surrounding uses.

Ordinance No. NS-3064

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City Council 10 – 36 4/1/2025
Section 3. In accordance with Government Code Section 65858(d), on May 7, 2024, the City Council issued a written report describing the measures being taken to alleviate the conditions that lead to the adoption of the Moratorium and this extension thereof, attached hereto as Exhibit A and incorporated herein by reference.

Section 4. Government Code Section 65858 authorizes the City Council to adopt an interim Urgency Ordinance, without following the procedures otherwise required for the adoption of an ordinance, to protect the public safety, health and welfare, prohibiting any uses that may be in conflict with a contemplated general plan, specific plan, or zoning proposal that the City Council, Planning Commission of the planning department is considering or studying or intends to study within a reasonable time.

Section 5. Government Code Section 65858(a) provides that the City Council, after notice and a public hearing, may extend the interim Ordinance for 10 months and 15 days and subsequently extend the interim ordinance for one year. Any extension requires a four-fifths vote.

Section 6. The City Council, in accordance with Government Code Section 65858 and Santa Ana Charter Sections 415 and 417 hereby adopts this uncodified Urgency Ordinance extending the Moratorium on the approval, commencement, establishment, modification, relocation or expansion of industrial uses in the TZC for a period of ten (10) months and fifteen (15) days, commencing June 1, 2024. The Moratorium will now expire on April 15, 2025, or until the City Council adopts an Ordinance addressing the issues related to the approval, commencement, establishment, relocation or expansion of industrial uses within SD-84, also known as the TZC. For the purposes of this Urgency Ordinance, "industrial uses" includes those specified by Divisions 18 and 19 of Article Ill of Chapter 41 of the Santa Ana Municipal Code, and by Section 41-2007 of the Santa Ana Municipal Code and Table 2A in the Transit Zoning Code (Specific Development No. 84).

Section 7. This Ordinance shall have no further force and effect after a period of ten (10) months and fifteen (15) days, commencing June 1, 2024; unless, however, after public hearing the City Council, by four/fifths (4/5) vote, extend this Ordinance for a period of one more year.

Section 8. It shall be unlawful and a misdemeanor for any person to violate or fail to comply with any provision of the ordinance. The violation of any provision of this Ordinance shall be punished as provided in Section 1-8 of Chapter 1 of the Code.

Section 9. The City Council finds and determines that this Ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant to sections 15061 (b)(3) and 15061 (b)(5) of the CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, as the ordinance will temporarily preclude the approval, commencement, establishment, relocation or expansion of uses in the zoning district.

Ordinance No. NS-3064

Page 9 of 11 ends

City Council 10 – 37 4/1/2025
Section 10. If any section, subsection, phrase, or clause of this Ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each section, subsection, phrase or clause thereof irrespective of the fact that any one or more sections, subsections, phrases, or clauses be declared invalid or unconstitutional.

Section 11. This. Ordinance is introduced, passed and adopted at one and the same meeting and is thereafter immediately effective. The City Council finds that this ordinance is necessary to protect the public safety, health and welfare. The reasons for the emergency are set forth in Section 1 of this Ordinance.

Section 12. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be publish�d in the manner prescribed by law.

ADOPTED this 21st day of May, 2024.

APPROVED AS TO FORM:

Sonia R. Carvalho, City Attorney
By:��
Chief
Laura
Assistant
A. Rossini
-K�
City Attorney
AYES:

N OES:

ABSTAIN :

Councilmembers: Amezcua, Bacerra, Hernandez, Lopez, Penaloza, Phan, Vazquez (7)
Councilmembers: .:..;N'""'o-'-'ne =..... (..;;;..0) L...______________ _ Councilmembers: .:..;N'""'o-'-'ne =..... (..;;;..0)...__ _____________ _ N OT PRESEN T: Councilmembers: """'N ___ o ___ ne .......... (0__,)'---------------- Ordinance No. NS-3064

Page 10 of 11 ends

City Council 10 – 38 4/1/2025

CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Jennifer L. Hall, City Clerk, do hereby attest to and certify the attached Ordinance No.

NS-3064 to be the original ordinance adopted by the City Council of the City of Santa Ana on May 21, 2024.

Ordinance No. NS-3064

Page 11 of 11 ends

City Council 10 – 39 4/1/2025
Planning and Building Agency
www.santa-ana.org/planning-and-building
Item # 28
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
May 21, 2024
TOPIC: Extension of Moratorium on the Approval, Commencement, Establishment, Relocation, or Expansion of Industrial Uses in Specific Development No. 84

AGENDA TITLE
Extension of Moratorium on the Approval, Commencement, Establishment, Relocation, or Expansion of Industrial Uses within Specific Development No. 84 (“SD-84”), Also Known as the Transit Zoning Code (“TZC”) for Ten (10) Months and Fifteen (15) Days Pursuant to Government Code Section 65858(a)
Legal notice published in the Orange County Reporter on May 6, 2024.

RECOMMENDED ACTIONS

1. Adopt an urgency ordinance extending a moratorium on the approval, commencement, establishment, relocation, or expansion of industrial uses within SD-84, by four-fifths (4/5) vote, pursuant to California Government Code Section 65858(a), for an additional 10 months and 15 days.

UNCODIFIED URGENCY ORDINANCE NO. NS-XXXX entitled AN UNCODIFIED

URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA

EXTENDING A MORATORIUM ON THE APPROVAL, COMMENCEMENT,

ESTABLISHMENT, RELOCATION OR EXPANSION OF INDUSTRIAL USES WITHIN SPECIFIC DEVELOPMENT NO. 84 ZONING DISTRICT FOR AN ADDITIONAL TEN (10) MONTHS AND FIFTEEN (15) DAYS PURSUANT TO GOVERNMENT CODE SECTION 65858

GOVERNMENT CODE §84308 APPLIES: No
Exhibit 5 - May 21, 2024 City Council Staff Report (without attachments) City Council 10 – 40 4/1/2025
Extension of Moratorium on the Approval, Commencement, Establishment, Relocation, or Expansion of Industrial Uses in Specific Development No. 84 May 21, 2024

Page 2 ends

City Council 10 – 41 4/1/2025
Extension of Moratorium on the Approval, Commencement, Establishment, Relocation, or Expansion of Industrial Uses in Specific Development No. 84 May 21, 2024

Page 3 ends

EXECUTIVE SUMMARY
On April 16, 2024, the City Council adopted a Moratorium on the Approval, Commencement, Establishment, Relocation, or Expansion of Industrial Uses within Specific Development No. 84 Zoning District through adoption of Urgency Interim Ordinance No. NS-3063. The purpose of this Moratorium was to immediately offer protection of public health, safety, and welfare from industrial uses significantly causing pollution burden to adjacent residential neighborhoods in the Transit Zoning Code (Specific Development No. 84) through the following conditions, including: code enforcement active cases; irreconcilable land use conflicts in the TZC; alarming air quality, noise, traffic, proximity to noxious use facilities, and public health concerns; and external regulatory agency responsiveness. During the moratorium, the City is not issuing permits that result in the approval, commencement, establishment, modification, relocation, or expansion of industrial uses in the Transit Zoning Code (TZC).

Pursuant to Government Code Section 65858, the Moratorium shall have no further force and effect 45-days from the date of its adoption, which was April 16, 2024, unless extended. An extension requires the City Council issue a written report ten days prior to the expiration of the Moratorium, or extension thereof, describing the measures taken to alleviate the condition which led to the adoption of the Moratorium, provide notice pursuant to Government Code Section 65090, and hold a public hearing. Government Code Section 65858(a) allows an extension for 10 months and 15 days and a subsequent extension for one year. An extension also requires a four-fifths (4/5) vote of the City Council.

City staff has determined that an extension of the Moratorium for an additional ten (10) months and fifteen (15) days pursuant to the Government Code is necessary to continue with data tracking and reporting, research appropriate regulations, and coordinate with outside regulatory agencies and City departments to provide a complete analysis and thorough evaluation of the more than 130 industrial businesses within the TZC.

An extension of the Moratorium would provide sufficient time to enable staff to determine whether further, permanent action is necessary and to generate recommendations to the Planning Commission and City Council. Such action may entail a zoning map amendment, zoning text amendment, or both, which would address industrial land uses in the TZC.

City Council 10 – 42 4/1/2025
Extension of Moratorium on the Approval, Commencement, Establishment, Relocation, or Expansion of Industrial Uses in Specific Development No. 84 May 21, 2024

Page 4 ends

DISCUSSION
Background
Review of City Department Activities
Immediately following the adoption of the Moratorium, staff conducted an interagency meeting, which included representatives from multiple City departments. These departments include the Planning Division, Building Safety Division, Code Enforcement Division, Business License, and Information Technology. Moreover, engagement with additional agencies such as the Police Department, Public Works Agency, and the Community Development Agency’s Economic Development Division has produced critical information illustrating the extent to which industrial activities are intertwined with residential land uses in the TZC area, specifically and most concentrated in the Logan and Lacy neighborhoods.

Data based on Business License and Economic Development records indicate that the application of the Moratorium affects more than 130 industrial businesses in the TZC. Of these, over one-dozen have active applications for permits, the majority of which are to legalize unpermitted work on industrial properties and address ongoing Code Enforcement Division notices of violation.

City staff continue to gather, review, and analyze information regarding affected industrial businesses within the TZC. Specific data and reporting pertains to applications submitted by industrial businesses for permits, entitlements, certificates of occupancy, business licenses, and other relevant records immediately prior to and following the adoption of the Urgency Interim Ordinance and currently under review by City staff.

Requests for information on calls for service and incident activities responded to by public safety departments of the Santa Ana Police Department (SAPD) and the Orange County Fire Authority (OCFA) are being reviewed by City staff to understand and validate public safety concerns or impacts shared by neighbors in disadvantaged communities with actual calls and emergencies reported.

Initial reports from the SAPD show calls for service in the TZC totaling 18,510 calls between March 2023 and April 2024. These calls for service included patrol checks, car stops, disturbances, alarm activation, trespassing, and many more types of calls for service. Of the 18,510 calls for service, 1,909 incidents reported were related to collisions, impounded vehicles, hit and run collisions, domestic violence, and Santa Ana municipal code violations. Similarly, data from OCFA shows 62 calls for service in 2022 and 66 calls for service for 2023 for a combined 128 calls for service for both 2022 and 2023 for advanced life support-related emergencies. Specifically, 29 of the service calls responded to by OCFA in 2022 were related to health stemming from respiratory concerns to chest pain and cardiac arrest, along with long-term diabetic issues and chest pains. In 2023, there was nearly a seven percent (7%) increase in the number of health-related calls OCFA responded to related to health issues.

City Council 10 – 43 4/1/2025
Extension of Moratorium on the Approval, Commencement, Establishment, Relocation, or Expansion of Industrial Uses in Specific Development No. 84 May 21, 2024

Page 5 ends

In addition, City staff continue to monitor Code Enforcement Division activities and implementation of the City’s Noxious Uses Ordinance pertaining to these facilities. Code Enforcement staff will broaden data reports that show enforcement activity beyond the Lacy and Logan neighborhoods within the TZC, where at the time of adoption of the Moratorium, 17 active open cases were issued Notice of Violations and administrative citations for the following types of violations: illegal storage, land use, zoning, property and landscape maintenance, unpermitted work, business license, and certificate of occupancy. Such violations include issues of odors, dust, traffic, noise, vibrations, and other documented impacts. The amount of active open industrial cases, in close proximity to one another, during a short period of time is creating a public nuisance and harming the public health, safety, and general welfare of the two residential neighborhoods.

Since the adoption of the Moratorium, City staff have received multiple code enforcement complaints from community members about industrial businesses in the TZC area that were also reported previously before the adoption of the Moratorium. City staff have received repeated code enforcement and air emission complaints about facilities in the Logan neighborhood and are working with Code Enforcement Division and SCAQMD staff to obtain responses, investigations, or reports provided by the Code Enforcement Division and SCAQMD to the complaints reported. Recent code enforcement complaints on properties in the Logan neighborhood involve complaints for recurring unpermitted work and land use violations that involve large commercial vehicles blocking street access and impacting nearby residents.

Code Enforcement Division follow-up has resulted in larger administrative citations, continued enforcement, and onsite meetings with business owners. Moreover, air emission complaints have been reported to SCAQMD. These complaints include one involving black smoke and another regarding unpermitted soil vapor extraction equipment onsite. Part of the jurisdictions that City staff are working with include SCAQMD staff to obtain updates regarding the status of these complaints. SCAQMD staff investigated one complaint that did not result in an enforcement action and is investigating the other complaint. SCAQMD staff has clarified that for air quality complaints they receive, their inspector is required to be physically present to observe the activity from the facility described in the complaint to determine if the complaint warrants further investigation or enforcement action in accordance with South Coast AQMD Rules 401 (Visible Emissions), 402 (Public Nuisance), and 403 (Fugitive Dust).

Community members continue to share concerns with City and SCAQMD staff regarding the turnaround time for an SCAQMD inspector to be physically present at an SCAQMD-permitted facility to investigate an air quality complaint, especially if a complaint is reported after working hours or on weekends.

City Council 10 – 44 4/1/2025
Extension of Moratorium on the Approval, Commencement, Establishment, Relocation, or Expansion of Industrial Uses in Specific Development No. 84 May 21, 2024

Page 6 ends

Review of Records and Activities of External Agencies
To broaden the analysis beyond the City's local land use impacts, City staff have initiated public records requests from outside regulatory agencies, such as the South Coast Air Quality Monitoring District, Santa Ana Regional Water Quality Control Board, the Department of Toxic Substances Control, and others responsible for issuing supportive permits for industrial uses in the TZC. Such agencies are responsible for permit issuance, compliance activities, and/or monitoring hazardous clean-up sites, or other industrial facility-related activities and received current data requests for sites located within SD No. 84 that were initiated by City staff on April 25, 2024.

Data from outside regulatory agencies will assist City staff in further understanding activities between external regulatory agencies and industrial businesses that may place additional impacts on public health, safety, and welfare in affected neighborhoods adjacent to industrial businesses in the TZC. This information would enable City staff to understand the correlation and environmental burdens that may be attributed to permitted activities for industrial businesses in historically environmentally disadvantaged communities, specifically the Logan and Lacy neighborhoods. In response to the City’s request, SCAQMD clarified the need to process the records request by larger geographic areas, such as zip code area as an example, not specifically matching the boundaries of the TZC. The City has not received responses to its Public Records Act requests and once it does, additional time will be needed for City staff to carefully review and analyze the data in order to understand all activities (internal and external) and affected industrial businesses.

Comprehensive Zoning Code Update and Neighborhood Engagement City staff continue to work with Project Consultant MIG to ensure the City’s Zoning Code and General Plan are consistent. In order to maintain compliance with state law, comprehensive amendments to the Zoning Code will likely be required. MIG and City staff have already conducted extensive community outreach, stakeholder interviews, and reviews of existing zoning-related codes and policies in Santa Ana. These early efforts continue to indicate that there are irreconcilable land use conflicts and land use inconsistencies in the TZC area which are among the most pressing topics to be addressed as part of the comprehensive Zoning Code Update process in order to protect the health, safety, and welfare of the most vulnerable communities that face the impacts of the land use conflicts within the TZC area.

The Neighborhood Initiatives and Environmental Services (NIES) section of the Planning Division continue to coordinate with City departments, outside regulatory agencies, and staff from other federal and state agencies to identify additional resources available to enhance deeper awareness of pollution exposure in disadvantaged communities, long-term health effects, and options for immediate City Council 10 – 45 4/1/2025
Extension of Moratorium on the Approval, Commencement, Establishment, Relocation, or Expansion of Industrial Uses in Specific Development No. 84 May 21, 2024

Page 7 ends

solutions. The NIES team has held meetings and discussions with staff from the Centers for Disease Control and Prevention/Agency for Toxic Substances and Disease Registry and CalEPA Environmental Justice Team to identify opportunities for linking environmental justice (EJ) resources and support to the Logan and Lacy neighborhoods. NIES staff also continue to coordinate with residents selected to represent the City’s EJ Clusters to complete the formation of the EJ Action Committee, the community-led EJ advocacy group. This group will help guide the prioritization and resource investments to implement the City’s General Plan EJ Policies and Implementation Actions.

Next Steps
During the Moratorium, staff will evaluate if further, permanent action to address the land use conflicts in the TZC is necessary. Such action may entail a zoning map amendment, zoning text amendment, or both, which would permanently address industrial land uses in the TZC.

Staff continues to receive, analyze, and prepare a thorough evaluation of industrial business uses within the TZC. Staff has determined that an extension of the Moratorium for an additional ten (10) months and fifteen (15) days, pursuant to Government Code Section 65858(a), is recommended to provide the additional staff time and resources needed to implement a comprehensive evaluation of the industrial uses in the TZC utilizing the data reporting and tracking, regulatory research, enforcement reports, and department discussions to fully understand the effects of industrial uses in the TZC and to continue to address current and immediate threats to public health, safety, and welfare, due to growing code enforcement complaints stemming from the irreconcilable land use conflicts within the TZC.

On May 7, 2024, a ten-day report was issued by the City Council pursuant to California Government Code Section 65858(d) and is attached and referenced as Exhibit A to the Ordinance attached to this staff report. The April 16, 2024 City Council Meeting staff report is included in this report as Exhibit 3, providing background on the issues and analysis on the original need for the Moratorium.

ENVIRONMENTAL IMPACT
The extension of the Moratorium is not subject to the California Environmental Quality Act (“CEQA”), as the proposed action is not subject to the requirements of CEQA, pursuant to Guidelines Section 15060(c)(2) because the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment and 15060(c)(3) because the activity is not a project as defined in Section 15378 of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly and so is not a project, as the ordinance will temporarily preclude the approval, City Council 10 – 46 4/1/2025
Extension of Moratorium on the Approval, Commencement, Establishment, Relocation, or Expansion of Industrial Uses in Specific Development No. 84 May 21, 2024

Page 8 ends

commencement, establishment, relocation, or expansion of uses in Specific Development No. 84 (the Transit Zoning Code).

FISCAL IMPACTS
There is no fiscal impact associated with this action.

EXHIBITS

1. Uncodified Urgency Ordinance Extending Moratorium for Ten (10) Months and Fifteen (15) Days

2. Urgency Interim Ordinance No. NS-3036 adopted on April 16, 2024

3. April 16, 2024 City Council Staff Report and Exhibits

4. Public Notice
Submitted By: Minh Thai, Planning and Building Agency Executive Director Approved By: Alvaro Nuñez, Acting City Manager
City Council 10 – 47 4/1/2025
Library
www.santa-ana.org/library
Item # 11
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
April 1, 2025
TOPIC: California State Library Funding

AGENDA TITLE
Appropriation Adjustment Recognizing $8,080 in California State Library Funding (General Fund)

RECOMMENDED ACTION
Approve an appropriation adjustment to recognize $8,080 in California State Library California Library Services Act funds in the Library Miscellaneous Income revenue account and appropriate the same into the Library Tech & Support Services, Computer Software Subscriptions expenditure account, to apply toward Library e-resources. (Requires five affirmative votes)
GOVERNMENT CODE §84308 APPLIES: No

DISCUSSION
As a full member of the Santiago Library System, which is a consortium of libraries in Orange County, the Santa Ana Public Library is eligible to receive funding from the California State Library, in accordance with the California Library Services Act. In January 2025, the Library was notified that it would receive $8,080.36 in funds to apply toward e-resources provided by Overdrive, Inc. (“Overdrive”).

On October 17, 2023, the City Council approved an agreement with Overdrive, Inc. (“Overdrive”) to provide content hosting services and digital content such as e-books, eaudiobooks, e-magazines, and video streaming. The agreement ends June 30, 2026 with the option for up to two one-year renewals.

In recent years, electronic content such as e-books, e-audiobooks, e-magazines, and streaming content have become very popular, and an essential part of the Library’s digital services platform. Library patrons can access Overdrive content through various methods that include the Santa Ana Public Library’s website, Libby app (by Overdrive), or on e-reader devices. Using Overdrive, patrons can browse the Library’s digital collection and check out materials with a valid Santa Ana Public Library card. From City Council 11 – 1 4/1/2025
California State Library Funding
April 1, 2025

Page 2 ends

there, users can easily download books, magazines, videos, or audiobooks to computers or mobile devices. Titles will automatically expire at the end of the lending period. Downloadable titles offer library patrons of all ages a convenient way to access information and materials from home or anywhere there is an internet connection.

ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.

FISCAL IMPACT
The appropriation adjustment will recognize $8,080 in the Library Miscellaneous Income revenue account (01111002-57990), and appropriate the same to Library Tech & Support Services, Computer Software Subscriptions expenditure account (01111190- 66511) as follows:

Fiscal Year Accounting UnitAccount #
Fund
Description
Accounting Unit,
Account Description Amount
FY 24-25 01111190 –
66511
General
Fund
Tech & Support
Services, Computer
Software Subscriptions
$8,080
TOTAL $8,080

EXHIBIT(S)

1. Notification Letter
Submitted By: Brian Sternberg, Executive Director of Library Services Approved By: Alvaro Nuñez, City Manager
City Council 11 – 2 4/1/2025
City Council 11 – 3 4/1/2025
Public Works Agency
https://www.santa-ana.org/pw
Item # 12
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
April 1, 2025
TOPIC: Dyer Road Improvements Project

AGENDA TITLE
Approve an Appropriation Adjustment Recognizing Measure M2 Grant Funding and Amend the Fiscal Year 2024-2025 Capital Improvement Program for the Dyer Road Improvements (55 Freeway – 700’ East of Pullman Street) Project (Project No. 25-6706)

RECOMMENDED ACTION

1. Approve an appropriation adjustment recognizing Measure M2 grant funding in the amount of $2,365,200 into the Measure M-Street Construction, Measure M2 Competitive revenue account (03217002-52332) and appropriate the same amount into the Measure M-Street Construction, Improvements Other Than Building expenditure account (03217663-66220) for future year expenditures. (Requires five affirmative votes)

2. Approve an amendment to the Fiscal Year 2024-2025 Capital Improvement Program to include Measure M2 grant funding in the amount of $2,365,200 for the Dyer Road Improvements (55 Freeway – 700’ East of Pullman Street) Project (Project No. 25-6706).

GOVERNMENT CODE §84308 APPLIES: No

DISCUSSION
The Public Works Agency (PWA) is responsible for the administration and oversight of all Capital Improvement Projects in the City. On November 21, 2023, City Council authorized staff to submit the Fiscal Year 2024-2025 Measure M2 Comprehensive Transportation Funding Program (CTFP) application for the Regional Capacity Program (Project O) for Arterial Capacity Enhancements (ACE) funding to the Orange County Transportation Authority (OCTA) (Exhibit 1). The Measure M2 Recommended Programming list includes the Dyer Road Improvements (Project) from the 55 Freeway to 700’ East of Pullman Street. This street segment is one of the most heavily trafficked in the City and has an Average Daily Traffic volume of over 50,000 vehicles. The City’s General Plan classifies Dyer Road from Grand Avenue to Redhill Avenue as a Primary Arterial (four lanes in each direction) with a Class II bike lane. The section of Dyer Road to the east of the Project is already wide enough to accommodate four lanes up to Red Hill Avenue. In conformance with the General Plan, the proposed Project would provide City Council 12 – 1 4/1/2025
Dyer Road Improvements Project
April 1, 2025

Page 2 ends

an additional through lane in each direction to address the bottleneck that occurs near the 55 freeway’s off and on ramps and incorporate a class II bike lane, wider sidewalks, and landscaping (Exhibit 2).

On May 13, 2024, the OCTA Board of Directors approved a grant of $2,365,200 to the City of Santa Ana for the engineering phase of the Project (Exhibit 3). The City is required to provide a 25% matching contribution of $788,400 for the Project for a total of $3,153,600. These funds will be used for the design phase and any remaining funds, pending approval from the granting agency, will be allocated to future right of way and construction phases. The City will seek additional Measure M2 grants in the coming years for the right of way and construction phases of the Project. The City’s 25% share will be sourced from current and future local funding, including but not limited to:

Transportation Systems Improvement Area (TSIA) funds, Gas Tax funds, and Measure M2 Fairshare funds, and will be included in the FY 2025-26 Capital Improvement Program (CIP) budget.

Staff recommends adding the awarded grant funds to the Dyer Road Improvements (State Route 55 – 700’ East of Pullman Street) Project for the Design Engineering Phase and amending the Fiscal Year 2024-25 Capital Improvement Program to include the awarded grant funds (Exhibit 4).

ENVIRONMENTAL IMPACT
There is no environmental impact associated with the action.

FISCAL IMPACT
Approval of the requested appropriation adjustment will recognize $2,365,200 Fiscal Year 2024-25 Measure M2 grant funds into the Public Works Measure M-Street Construction, M2 Competitive revenue account (No. 03217002-52332) and appropriate the same amount into the Public Works Measure M2 Competitive Street, Improvements Other Than Building expenditure account (No. 03217663-66220). The City will recognize the required City local match through future Council action during the FY 2025-26 CIP budget programing cycle.

The following table summarizes the funds budgeted and available in current FY 2024-25 for design engineering and construction expenditures after the appropriation adjustment. Any unspent budget in FY 2024-25 will be included in future-year carryforwards for City Council consideration.

City Council 12 – 2 4/1/2025
Dyer Road Improvements Project
April 1, 2025

Page 3 ends

Fiscal Year
Accounting Unit
- Account No.
(Project No.)
Fund
Description
Accounting Unit -
Account No.

Description
Amount

APPROPRIATION ADJUSTMENT
2024-25 03217663-66220
(25-6706)
Measure MStreet
Construction
Measure M2
Competitive Street,
Improvements Other
Than Building
$2,365,200
TOTAL $2,365,200

EXHIBIT(S)

1. Resolution 2023-078

2. Location Map and Proposed Conditions

3. OCTA Board Approval

4. Fiscal Year 2024-25 CIP Sheet
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Alvaro Nuñez, City Manager
City Council 12 – 3 4/1/2025
RESOLUTION NO. 2023-078

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

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS:

Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows:

A. The Measure M2 Regional Traffic Signal Synchronization Program targets over 2,000 signalized intersections across Orange County to maintain traffic signal synchronization, improve traffic flow, and reduce congestion across jurisdictions.

B. The City of Santa Ana has been declared by the Orange County Transportation Authority to meet the eligibility requirements to receive revenues as park of Measure M2.

C. The City of Santa Ana must include all projects funded by Net Revenues in the seven- year Capital Improvement Program as part of the Renewed Measure M Ordinance eligibility requirement.

D. The City of Santa Ana authorizes a formal amendment to the seven- year Capital Improvement Program to add projects approved for funding upon approval from the Orange County Transportation Authority Board of Directors, if necessary.

E. The City of Santa Ana has currently adopted a Local Signal Synchronization Plan consistent with the Regional Traffic Signal Synchronization Master Plan as a key component of local agencies' efforts to synchronizing traffic signals across local agencies' boundaries.

F. The City of Santa Ana will provide matching funds for each project as required by the Comprehensive Transportation Funding Programs Procedures Manual.

G. The City of Santa Ana will not use Renewed Measure M funds to supplant Developer Fees or other commitments.

G. The City of Santa Ana desires to implement multi jurisdictional signal synchronization listed below.

Resolution No. 2023-078

Page 1 of 3 ends

EXHIBIT 1
City Council 12 – 4 4/1/2025
Section 2. The City Council of the City of Santa Ana hereby approves the formal submissions of the projects described below to the Orange County Transportation Authority for funding under the OCTA' s Regional Traffic Signal Synchronization Program and requests that the OCTA allocate funds in the amounts specified in the City' s submissions. Said funds shall be matched by funds from Santa Ana as required and shall be used as supplemental funding to aid the City in signal synchronization along the following street( s):

PROJECT PROGRAM FY
Kraemer Boulevard, Glassell Street, Grand Avenue ( KGG) Traffic RTSSP 24125 Signal Synchronization
Section 3. The City Council of the City of Santa Ana appoints the City Manager, or his or her designee, as agent for the City of Santa Ana to conduct all negotiations, and execute and submit all documents, including but not limited to applications, agreements, amendments, payment requests and so on, which may be necessary for allocation of the requested funds to Santa Ana.

Section 4. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution.

ADOPTED this 21 "1 day of November, 2023.
le ie Amezcua
Mayor
APPROVED AS TO FORM:

Sonia R. Carvalho, City Attorney
By:

Jonathan T. Martinez
4#1 Assistant City Attorney
Resolution No. 2023-078

Page 2 of 3 ends

City Council 12 – 5 4/1/2025
AYES: Councilmembers Amezcua, Bacerra, Hernandez, Lopez, Penaloza, Phan, Vazquez (7)
NOES: Councilmembers None ( 0)_.__.

ABSTAIN: Councilmembers None ( 0)
NOT PRESENT: Councilmembers None_(0)

CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, JENNIFER L. HALL, City Clerk, do hereby attest to and certify the attached Resolution No. 2023- 078 to be the original resolution adopted by the City Council of the City of Santa Ana on November 21. 2023.

Date: ( L)
L-:'
ennifer . al
lerk
City of Santa Ana
Resolution No. 2023-078

Page 3 ends

City Council 12 – 6 4/1/2025
PWA

SANTA ANA

PUBLIC WORKS AGENCY
PAGE 1 OF 1
EXHIBIT 2
55 FREEWAY - 700' E/O PULLMAN PROJECT

DYER ROAD IMPROVEMENTS
PROJECT 25-6705
MARCH 18, 2025
AGENDA DATE:

CITY COUNCIL

DYER RD

PULLMANST
55FREEEW AY

RED HILLAVE

PROJECT LOCATION (
N
O
T
T
O
S
C
ALE
)
EXHIBIT 2
700'
APRIL 1, 2025 City Council 12 – 7 4/1/2025
APRIL 1, 2025
City Council 12 – 8 4/1/2025
EXHIBIT 3

COMMITTEE TRANSMITTAL
May 13, 2024
To: Members of the Board of Directors
From: Andrea West, Clerk of the Board
Subject: Comprehensive Transportation Funding Programs – 2024 Call for Projects Programming Recommendations
Regional Transportation Planning Committee Meeting of May 6, 2024

Present:

Absent:

Directors Do, Dumitru, Federico, Foley, Harper, and Stephens Khan
Committee Vote
This item was passed by the Members present.

Committee Recommendations
A.

Approve the award of $18.72 million in 2024 Regional Capacity Program (Project O) funds to six local jurisdiction projects.

Approve the award of $12.89 million in 2024 Regional Traffic Signal Synchronization Program (Project P) funds to five local jurisdiction projects.

Orange County Transportation Authority
550 South Main Street / P.O. Box 14184 / Orange / California 92863-1584 / (714) 560-OCTA (6282) City Council 12 – 9 4/1/2025 May 6, 2024
To: Regional Transportation Planning Committee
From: Darrell E. Johnson, Chief Executive Officer
Subject: Comprehensive Transportation Funding Programs – 2024 Call for Projects Programming Recommendations
Overview
The Orange County Transportation Authority issued the 2024 Measure M2 Comprehensive Transportation Funding Programs Regional Capacity Program and Regional Traffic Signal Synchronization Program call for projects in August 2023. Project Applications were due in October 2023. A list of projects recommended for funding is presented for Board of Directors’ review and approval.

Recommendations
A.

Approve the award of $18.72 million in 2024 Regional Capacity Program (Project O) funds to six local jurisdiction projects.

Approve the award of $12.89 million in 2024 Regional Traffic Signal Synchronization Program (Project P) funds to five local jurisdiction projects.

Background
The Regional Capacity Program (RCP), Project O, is the Measure M2 (M2) competitive funding program through which the Orange County Transportation Authority (OCTA) supports street and road improvement projects. The Regional Traffic Signal Synchronization Program (RTSSP), Project P, is the M2 competitive program that provides funding for regional signal synchronization projects.

Orange County Transportation Authority
City Council 550 South Main Street / P.O. Box 14184 / Orange / California 92863-1584 / (714) 560-OCTA (6282) 12 – 10 4/1/2025 Comprehensive Transportation Funding Programs – Page 2
2024 Call for Projects Programming Recommendations
Both programs are included in the Comprehensive Transportation Funding Programs (CTFP) which include all of the competitive M2 programs that provide grants to local agencies for transit, streets and roads, and environmental cleanup. These programs are subject to an annual call for projects (call) which is guided by the Board of Directors (Board)-approved CTFP guidelines. The CTFP guidelines are updated before each call and include scoring criteria that are developed in collaboration with the OCTA Technical Advisory Committee (TAC), which is comprised of representatives from the 35 local jurisdictions. The guidelines and the call are ultimately approved for release by the Board.

The CTFP guidelines for the 2024 call were approved by the Board on August 14, 2023. At that meeting, the Board also authorized the issuance of the current call. The available funding, based on the cash flow that was prepared at that time, was reported as approximately $45 million in competitive M2 funds to support regional roadway and signal synchronization projects throughout Orange County.

Discussion
RCP
OCTA received six applications requesting a total of $21.41 million in funding as further detailed in Attachment A. The applications were reviewed for eligibility, consistency, adherence to the guidelines, and overall M2 program objectives aimed at completing a balanced regional network. Applications were evaluated and ranked based on the scoring criteria identified in the guidelines. During the review process, staff worked with local jurisdictions to address technical issues such as application scoring corrections, scope of work clarifications, and refinement of final project funding requests.

Based upon these reviews and project consistency with the guidelines, staff recommends funding for all six projects, totaling $18.72 million (with inflationary adjustments as appropriate). The recommended programming amount is lower than the originally requested amount, which is the result of OCTA’s detailed application review. The revised recommended grant amount reflects only the project scope components and amounts that are eligible per CTFP guidelines.

Attachment B provides more detail on the programming recommendations. The recommended M2 RCP funding will support six projects in the cities of Dana Point, Garden Grove, Irvine, Laguna Niguel, Santa Ana, and Yorba Linda.

Orange County Transportation Authority
City Council 550 South Main Street / P.O. Box 14184 / Orange / California 92863-1584 / (714) 560-OCTA (6282) 12 – 11 4/1/2025 Comprehensive Transportation Funding Programs – Page 3
2024 Call for Projects Programming Recommendations
Of the six recommended projects, three will provide arterial improvement benefits with grants for the engineering, right-of-way (ROW), and/or construction phases, and three will provide intersection capacity enhancements with ROW and construction phase grants. Implementation of these projects in aggregate is anticipated to produce notable congestion relief in Orange County, while enhancing the arterial system overall.

RTSSP
OCTA received six applications requesting a total of $13.91 million in RTSSP funding. These applications were also reviewed for eligibility, consistency, and adherence to guidelines and overall program objectives. During the review process, one project application was withdrawn by the local jurisdiction, reducing the overall requested funding of this call to $13.53 million.

Attachment A has more detail on the submitted projects. Staff worked with the sponsoring local jurisdictions to address technical issues of final project funding requests.

Staff recommends award of $12.89 million to fund five RTSSP projects. The revised recommended grant amount is a result of application review related to construction cost refinements and scope of work clarifications. All five of the recommended projects are anticipated to be implemented by the local jurisdictions in fiscal year 2024-25. Additional details on the RTSSP-recommended projects are provided in Attachment C.

The table below provides an overall summary of the funding recommendations:
2024 CTFP Call Summary ($ in millions)
RCP
6 RTSSP
5 Total
Number of Applications Recommended for Approval 11
Amount Recommended for Approval (escalated) $18.72 $12.89 $31.61 These recommendations are consistent with the 2024 guidelines approved by the Board. As such, staff recommends programming $31.61 million for 11 projects under the RCP and RTSSP. These awards bring the total amount of M2 grants by OCTA to local agencies to more than $556 million since 2011 in support of the development of a safe, efficient, and modern roadway system. A map displaying the 2024 RCP and RTSSP recommended project awards is provided in Attachment D.

City Council 12 – 12 4/1/2025
Comprehensive Transportation Funding Programs – Page 4
2024 Call for Projects Programming Recommendations
The recommendations were presented to both the OCTA Technical Steering Committee (TSC) and TAC in March 2024, and both committees voted to support staff’s recommendations. The TSC and TAC asked questions related to the difference between the funding target and the awards. The committees also discussed working with staff to review the guidelines as part of the next funding cycle in response to inflationary cost pressures, maintaining an aging roadway network, and consideration for multimodal solutions. The funding target for each year’s RCP and RTSSP call is established based on a cash flow estimate that considers M2 revenues and existing awards. It also assumes the continuation of annual calls into the future at a similar annual target. Any funds not awarded simply stay in the cash flow in the same program for future years. This is relevant because there appears to be a significant funding need, which may manifest within the next two to five years based on capital improvement plans submitted by the local jurisdictions. The M2 Ordinance requires M2 funds dedicated to specific projects and programs, such as the RCP and RTSSP, to be used for its voter-approved intent. The CTFP guidelines fulfill this commitment to the taxpayers. Staff will work to provide the TAC with more details on near-term anticipated projects, as well as a better understanding of the M2 voter commitments and opportunities to address some of the current issues through other means.

Next Steps
With Board approval of these recommendations, staff will initiate the execution of letter agreements between OCTA and the appropriate local jurisdictions. As these projects advance, staff will continue to monitor their status and project delivery through the semi-annual review process.

Summary
Programming recommendations that will award $31.61 million to 11 projects in M2 2024 RCP and RTSSP funds are presented for Board approval.

City Council 12 – 13 4/1/2025
Comprehensive Transportation Funding Programs – Page 5
2024 Call for Projects Programming Recommendations
Attachments
A.

B.
2024 Measure M2 Call for Projects – Applications Received 2024 M2 Regional Capacity Program (Project O) Call for Projects – Programming Recommendations
C.

D.
2024 M2 Regional Traffic Signal Synchronization Program (Project P) Call for Projects – Programming Recommendations
2024 Recommended Project O & P Awards Map
Prepared by: Approved by:

Adrian Salazar Kia Mortazavi
Senior Transportation Funding Analyst
(714) 560-5363
Executive Director, Planning
(714) 560-5741
City Council 12 – 14 4/1/2025

ATTACHMENT A
2024 Measure M2 Call for Projects – Applications Received Regional Capacity Program (Project O) Applications
Total M2
Agency Request
Dana Point
Project Fund Phase Match Rate Match Total Cost
Stonehill Drive Improvement Project ACE ENG 25% $ 687,000 $
$
515,250 $
$
$
$
$
171,750 $
$
$
$
$
Garden Grove
Irvine
Garden Grove Boulevard/Harbor Boulevard Intersection Improvement Jeffery Road and Barranca Parkway Intersection Improvements Crown Valley Parkway Westbound Improvement Project
ICE
ICE
CON

ROW, CON

ROW, CON
ENG
25%
25%
25%
25%
25%
4,274,963
1,104,221
1,424,987
368,074
5,699,950
1,472,295
14,902,905
3,153,600
Laguna Niguel
Santa Ana
Yorba Linda
ACE
ACE
ICE
$ 11,177,179 3,725,726
Dyer Road Improvements (SR-55 to 700' E/O Pullman Street) 788,400 Yorba Linda Boulevard/Savi Ranch Parkway Improvements
$
$
2,365,200
ROW 1,971,000 $ 657,000 $ 2,628,000
REQUESTED TOTALS $ 21,407,813 $ 7,135,937 $ 28,543,750
Regional Traffic Signal Synchronization Program (Project P) Applications Total M2
Agency Project Request 1Fund Signals Match Rate Match Total Cost Anaheim Ball Road-Taft Avenue Traffic Signal Synchronization Project2 RTSSP 37 20% $ $
$
1,756,774
1,498,451
2,974,355
$
$
$
$
439,194 $
$
$
$
2,195,968
Laguna Hills Paseo De Valencia - Moulton Parkway Confluence Bypass Corridor Alicia Parkway RTSSP Project
RTSSP
RTSSP
20 40
20%
20%
374,613
743,589
663,914
1,873,064
3,717,944
3,319,570
Laguna Niguel
Rancho Santa
Margarita Antonio Parkway - Avenida De Las Banderas - Avenida Empresa RTSSP Project Kraemer Boulevard/Glassell Street/Grand Avenue RTSSP Corridor RTSSP
RTSSP
38 62
20%
20%
$
$
2,655,656
Santa Ana 4,647,224 $ 1,161,806 $ 5,809,030
REQUESTED TOTALS $ 13,532,460 $ 3,383,116 $ 16,915,576
Acronyms:

E/O - East of
ACE - Arterial Capacity Enhancements
CON - Construction
ENG - Engineering
ICE - Intersection Capacity Enhancements
M2 - Measure M2
OCTA - Orange County Transportation Authority
ROW - Right-of-Way
RTSSP - Regional Traffic Signal Synchronization Program SR-55 - State Route 55

1. The City of San Clemente submitted but then withdrew a Project P application totaling $473k for timing work on El Camino Real that overlapped with OCTA's Countywide Baseline Project.

City Council 12 – 15 4/1/2025

ATTACHMENT B
2024 M2 Regional Capacity Program (Project O) Call for Projects - Programming Recommendations
Fiscal
Year
M2 Funding
Engineering
M2 Funding
Right-of-Way
M2 Funding
Construction*
Total M2
Funding
Estimated
Match
Total
Programming
Match
Agency Project Fund Phase Rate
Dana Point 24/25 Stonehill Drive Improvement Project1 ACE ENG $ 330,000 $ $
$
$
$
330,000 $
$
$
$
$
110,000 $ 440,000
6,087,856
1,353,485
12,603,371
3,153,600
25%
Garden Grove Boulevard/Harbor Boulevard
Intersection Improvement Garden Grove 2
Irvine
25/26
25/26
ICE
ICE
CON $
$
$
$
3,957,107
926,065
3,957,107
1,015,113
9,452,528
2,365,200
2,130,750
338,372
$
$
$
$
35%
25%
25%
25%
25%
Jeffery Road and Barranca Parkway
Intersection Improvements3
ROW,
CON $
$
89,049
24/25, Crown Valley Parkway Westbound
25/26 Improvement Project4
ROW,
CON Laguna Niguel
Santa Ana
Yorba Linda
ACE
ACE
ICE
1,781,514 7,671,014
2,365,200
3,150,842
788,400 Dyer Road Improvements (SR-55 to 700' E/O
Pullman Street) 24/25
24/25
ENG
Yorba Linda Boulevard/Savi Ranch Parkway
Improvements5 ROW $ 1,601,700 $ 1,601,700 $ 533,900 $ 2,135,600 PROGRAMMING TOTALS $ 330,000 $ 3,472,263 $ 14,919,385 $ 18,721,648 $ 7,052,264 $ 25,773,912 *Includes escalation of 2.6% for all right-of-way and construction projects programmed for fiscal year 2025/26.

Acronyms:

ACE - Arterial Capacity Enhancements ICE - Intersection Capacity Enhancements CON - Construction M2 - Measure M2
CTFP - Comprehensive Transportation Funding Programs
ROW - Right-of-Way
SR-55 - State Route 55
E/O - East of MPAH - Master Plan of Arterial Highways
ENG - Engineering OCTA - Orange County Transportation Authority

1. Applicant requested additional funding but award is reduced to reflect eligibility of items within project scope. Total project cost is $687k. The OCTA grant plus local match is listed as $440K; an additional $247k will be needed from local sources.

2. Applicant requested additional funding but award is reduced to reflect eligibility of items within project scope and correct match reduction. Total project cost is $6.48 million. The OCTA grant plus local match is listed as $6.08 million; an additional $548k is to come from local sources.

3. Applicant requested additional funding but award is reduced to reflect eligibility of items within project scope. Total project cost is $1.47 million. The OCTA grant plus local match is $1.35 million; an additional $158K is to come from local sources.

4. Applicant requested additional funding but award is reduced to reflect eligibilty of items within project scope. The recommended grant includes a minor exception to the CTFP guidelines to allow work within 600 feet from intersection for the benefit of the MPAH to reach a logical terminus on Forbes Road, south of the intersection. Total project cost is $14.5 million. The OCTA grant plus local match is $12.6 million; an additional $2.21 million is to come from local sources.

5. Applicant requested additional funding but award is reduced to reflect eligibility of items within project scope. The recommended grant includes a minor exception to the CTFP guidelines to allow work within a 600 feet from intersection for the benefit of the MPAH to reach a logical terminus on Mirage Street. Total project cost is $2.63 million. The OCTA grant plus local match is $2.14 million; an additional $492k is to come from local sources.

City Council 12 – 16 4/1/2025

ATTACHMENT C
2024 M2 Regional Traffic Signal Synchronization Program (Project P) Call for Projects - Programming Recommendations
M2 Funding
Primary
Implementation
M2 Funding
Operations &
Maintenance
Fiscal
Year
Total M2
Funding
Total
Agency Project Programming 1 Match
342,650
Match Rate
Anaheim 24/25 Ball Road-Taft Avenue Traffic Signal Synchronization Project2 $ 1,264,038 1,274,666
2,765,019
2,466,004
$
$
$
$
106,560
73,440
$
$
$
$
1,370,598 $
$
$
$
$
$
$
$
1,713,248
1,685,132
3,738,274
3,267,005
20%
Laguna Hills 24/25 Paseo De Valencia - Moulton Parkway Confluence Bypass Corridor3,4 $ $
$
1,348,106
2,990,619
2,613,604
337,026
747,655
653,401
20%
20%
20%
20%
Laguna Niguel
Rancho Santa Margarita
Santa Ana
24/25 Alicia Parkway RTSSP Project5 225,600
147,600 Antonio Parkway - Avenida De Las Banderas - Avenida Empresa 24/25 RTSSP Project6 24/25 Kraemer Boulevard/Glassell Street/Grand Avenue RTSSP Corridor7 $ $
4,425,166 $
$
143,360
696,560
$
$
4,568,526 $
$
1,142,132
3,222,864
$
$
5,710,658
PROGRAMMING TOTALS 12,194,893 12,891,453 16,114,317
Acronyms:

M2 - Measure M2
RTSSP - Regional Traffic Signal Synchronization Program

1. The City of San Clemente submitted but then withdrew a Project P application totaling $473k for timing work on El Camino Real that overlapped with OCTA's Countywide Baseline Project.

2. Project partners include Caltrans and City of Orange.

3. Project partner includes City of Laguna Woods.

4. Coordination with Alicia Parkway RTSSP project to achieve minimum signal count.

5. Project partners include Cities of Aliso Viejo, Caltrans, Laguna Hills, and Mission Viejo.

6. Project partners include Caltrans and County of Orange.

7. Project partners include Cities of Anaheim, Brea, Caltrans, Placentia, and Orange.

City Council 12 – 17 4/1/2025
2R024eocm m enPAdOPe&wdcrt oaj r ds ATTACHMENT D

LA HABRA BREA LOS SAN

ANG ELES BERNARDNIO

PLACENTIA FULLERTON YORBA LINDA
Yorba Linda
Yorba Linda Boulevard/Savi Ranch Parkway
Improvements
BUENA

PARK RVEI RDSIE
Santa Ana
ANAHEIM Kraemer Boulevard/Glassell Street/Grand Avenue
RTSSP Corridor
VILLA
PARK

STANTON
Anaheim
ORANGE Ball Road-Taft Avenue
Traffic Signal Synchronization Project
GARDEN GROVE !
WESTMINSTER UNINCORPORATED Garden Grove
Garden Grove Boulevard/Harbor Boulevard
Intersection Improvement

SANTA ANA TUSTIN
ORANGE

FOUNTAIN CO UNTY
VALLEY
Santa Ana
HUNTINGTON Dyer Road
BEACH Improvements
Rancho Santa Margarita IRVINE Antonio ParkwayAvenida De Las BanderasAvenida Empresa Irvine ! Jeffrey Road and Barranca Parkway
COSTA MESA Intersection Improvements RTSSP Project
LAKE
FOREST
Laguna Hills
Paseo de ValenciaMoulton Parkway
Confluence Bypass
Corridor
RANCHO
SANTA

MARGARITA

MISSION

NEWPORT BEACH LAGUNA WOODS VIEJO
Laguna Niguel
Alicia Parkway
RTSSP Project LAGUNA
HILLS

ALISO VIEJO
Laguna Niguel
Crown Valley Parkway Westbound
Improvement Project
LAGUNA
BEACH
! POeLrct ocaojonst i LAGUNA
NIGUEL
PCPerct oodj or is SAN JUAN
SouOr Cce: TA CAPISTRANO
SgyncSahRi czaTl rPSoTnrRi oi St no–agi ef Prgialf m
Z
0 2 4
DANA
POINT
Dana Point
Stonehill Drive
Improvement Project
SAN

CLEMENTE
es Ml i
2024/4/
RTSSP - Regional Traffic Signal Synchronization Program City Council 12 – 18 4/1/2025
Comprehensive Transportation Funding Programs
2024 Call for Projects
Programming Recommendations
City Council 12 – 19 4/1/2025
Background
Program Project O Project P
Goals and Objective Project O provides funding to
complete the MPAH. In addition, the
program provides for intersection
improvements and other projects to
help improve street operations and
reduce congestion.

Project P targets to coordinate over
2,000 signalized intersections in the
County across jurisdictional boundaries
including cities, County of Orange, and
Caltrans.
% of M2 Allocation 10% of M2 Net Revenues 4% of M2 Net Revenues Call Amount
(on average)
Approximately $30 million awarded
per call.

Approximately $10.5 million awarded
per call.

Impact Through 13 calls, 180 projects
awarded, more than $387 million
(includes leveraged external funds).

Through 13 calls, 112 projects
awarded, more than $137 million
(includes leveraged external funds).

Call – Call for projects
Caltrans – California Department of Transportation
MPAH - Master Plan of Arterial Highways
M2 – Measure M2
City Council 12 – 20 4/1/2025 2
Regional Capacity Program
Closes gaps in the Project O Examples
local road network
Improves intersections
to enhance street
operations
Provides better
interfaces with the
highway system
Bastanchury
Road
Improvements
Project O funds
awarded to date:
$363.4 million
Newport
Boulevard
Improvements
City of
Brookhurst
Street
Improvements
Grand Avenue
Improvements
City of Santa Ana
City of Anaheim City of Yorba Linda
Newport Beach
City Council 12 – 21 4/1/2025 3
Regional Traffic Signal Synchronization
Project P Examples Reduces travel times,
stops, and delays
Invests in futureproofing the system
Improves traffic flow
and makes the system
more efficient
Project P funds
awarded to date:
$129.4 million
Irvine Center Drive /
Edinger Avenue
City of Irvine
Marguerite
Parkway
City of
Edinger Avenue
City of Fountain Valley
Mission Viejo
City Council 12 – 22 4/1/2025 4
Staff Recommendations
• Approve the 2024 RCP to fund six projects, totaling $18.72 million • Approve the 2024 RTSSP to fund five projects, totaling $12.89 million
RCP - Regional Capacity Program
RTSSP - Regional Traffic Signal Synchronization Program City Council 12 – 23 4/1/2025 5
Project O
Recommendations
Approve six projects totaling
$18.72 million in RCP funds
• $12.15 million for roadway
improvements
• $6.57 million for intersection
enhancements
City Council 12 – 24 4/1/2025 6
Project P
Recommendations
Approve five projects totaling
$12.89 million in RTSSP funds
▪ Improvements to194 signals
along 50 miles of streets
▪ Coordination of traffic flow
across 12 local jurisdictions
City Council 12 – 25 4/1/2025 7
2024 Call Timeline and Milestones
• March 27, 2024 – Technical Advisory Committee
• May 6, 2024 – Regional Transportation Planning Committee • May 13, 2024 – OCTA Board Final Approval
• July 1, 2024 – Programming of 2024 Project O & Project P Grants (subject to Board Approval)
Board – Board of Directors
OCTA – Orange County Transportation Authority
City Council 12 – 26 4/1/2025 8
EXHIBIT 4
CITY OF SANTA ANA FY 24/25CIP

CAPITAL IMPROVEMENT PROJECT WORKSHEET
PROJECT TITLE: PROJECT DESCRIPTION: PROJECT NEED:

Dyer Road Improvements (55 Freeway -
700' E/O Pullman) Project
The project will consist of pavement improvements, curb and gutter, driveways, manholes adjustments, wheel chair ramps, sidewalk, additional through lanes eastbound and westbound, bike lanes with a bike lane buffer, and landscaping
Additional through lanes are needed in each direction to address bottleneck caused by the freeway.

PROJECT CATEGORY:

Street Improvements
Street/Bridge Improvements &
Widening

LOCATION MAP
PROJECT COSTS FY 24/25
2,365,200
2,365,200
FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 FY 30/31
Engineering - - - - - -

TOTAL - - - - - -
SOURCE OF FUNDS FY 25/26
2,365,200
2,365,200
FY 26/27 FY 27/28 FY 28/29 FY 29/30 FY 30/31 FY 31/32
MEASURE M2 COMPETITIVE - - - - - -

TOTAL - - - - - -
AGENCY: DIVISION: CONTACT: DATE:

Public Works CIP Engineering Gilbert Castillo, Senior Engineer 01-Apr-25 City Council 12 – 27 4/1/2025
Public Works Agency
www.santa-ana.org/pw
Item # 13
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
April 1, 2025
TOPIC: Purchase of a Ford E-450 with CCTV Upfit

AGENDA TITLE
Purchase Order Contract to Haaker Equipment Company for One 2024 Ford E-450 with CCTV Upfit (Specification No. 25-022) (Non-General Fund)

RECOMMENDED ACTION
Approve a purchase order to Haaker Equipment for one, new/unused 2024 Ford E-450 with CCTV Upfit in an amount of $446,013 plus a contingency amount of $15,000, for a total amount not to exceed $461,013.

GOVERNMENT CODE §84308 APPLIES: No

DISCUSSION
The Public Works Agency’s (PWA) Parks, Fleet, and Facilities Division is responsible for the acquisition, maintenance, repair, and replacement of vehicles, trucks, and maintenance equipment. The Fleet Services works collaboratively with various City departments to evaluate vehicle and equipment needs and facilitates their procurement.

PWA’s Water Resources Division (Water Resources) oversees and maintains the City of Santa Ana’s water and sanitary sewer systems. Water Resources is requesting a new Ford E-450 (Exhibit 1) with closed-circuit television (CCTV) upfit to support the Sewer System Maintenance section in inspecting the City’s sewer mains and laterals.

Currently, the City utilizes contractors to conduct routine cleaning and CCTV inspection of sewer mains and laterals, and provides the corresponding data to inform maintenance and repair operations. While the requested equipment will primarily support the lateral repair program, which repairs damaged laterals to prevent backups and sewage spills, it will also enable staff to conduct additional CCTV inspections inhouse for spot checks and address sewer-related concerns more efficiently. This new CCTV truck will be added to the City’s fleet and will not replace any older equipment.

Santa Ana City Ordinance No. NS-3041 authorizes the City to purchase against contracts from any public agency utilizing a competitive bid process. Sourcewell, a cooperative government purchasing agency, awarded a contract to Envirosight LLC (Contract No. 120721-EVS) as a result of open, competitive bidding on behalf of its City Council 13 – 1 4/1/2025
Purchase of a Ford E-450 with CCTV Upfit
April 1, 2025

Page 2 ends

members, which includes government agencies. Haaker Equipment Company is the sole source for all new video pipeline inspection equipment, accessories, and software provided by Envirosight, LLC.

Staff researched available procurement options and product offerings in the market and determined that Haaker Equipment Company meets the City’s specifications. By leveraging the procurement power through cooperative purchasing, the City of Santa Ana is able to obtain nationally vetted, high quality products at competitive volume pricing, and is in accordance with the City’s existing Purchasing guidelines. Staff recommends approving a purchase order to Haaker Equipment Company for one new/unused 2024 Ford E-450 with CCTV Upfit (Exhibit 2).

ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.

FISCAL IMPACT
Funds are budgeted and available in the following accounts for Fiscal Year 2024-25:

Fiscal
Year
Accounting
Unit-Account #
Fund
Description
Accounting Unit,
Account Description
Amount
2024-25 05617640-66400 Sanitary
Sewer Service
Equipment Replacement,
Machinery & Equipment $461,013
TOTAL $461,013

EXHIBIT(S)

1. Sample Picture of Ford E-450 with CCTV Upfit

2. Haaker Equipment Company Quote No. September 24, 2024 Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Alvaro Nuñez, City Manager
City Council 13 – 2 4/1/2025
EXHIBIT 1
City Council 13 – 3 4/1/2025
2070 North White Avenue, La Verne, California 91750
(909) 598-2706 ~ FAX (909) 598-1427 ~ haaker.com

In accordance with your request, we are pleased to submit the following proposal for your consideration and approval based on the SOURCEWELL Cooperative Purchasing Agreement – Contract #120721-EVS September 24, 2024
City of Santa Ana
215 S. Center St
Santa Ana, CA 92703
C/O Jose Medina (PWA)
and Alex Reyes
Sourcewell PROPOSAL – RovverX CCTV System, Build Out, and Ford E-450 with 14-foot box Dear Jose and Alex:

Thank you for your interest in the RovverX SAT 2.0 and mainline inspection system with capabilities to inspect from 6” to 36” pipes.

Exhibit 2
City Council 13 – 4 4/1/2025
I am pleased to offer the system as follows. Price includes equipment, build out, inverter/battery bank, solar panel, and Ford E-450 14-foot box gas chassis.

E-RX-SYS-SAT-Combo-HDL: HD Includes DCX5000 including CCUI, large frame and cable for CCUI to Mainline Reel, RXSAT140 II QCD Crawler with 8 small rubber wheels installed, standard accessories and transport case, RAXSAT 300 Cable Reel with 300M Orange Cable and 45M of red push cable and cable for SAT Reel to Mainline Reel, RAX300 Cable Reel with 300M Cable installed, PTP50 Camera, AC40 Camera, RCX90 Camera, RX130L Crawler with 6 small rubber wheels installed and integrated lift. 8 medium rubber wheels, 4 large rubber wheels, and 2 climber wheels. Double Cable Roller for SAT, Guide pipe adapter DN75 with set of 4 guide pipes DN200-DN800. 2 Gigaware Cables for DCX to Computer, Pressure Kit, Wincan VX/RX License.

$243,425.00
E-559-3900-00: HD RAL200 LED Auxiliary Light with Backeye Camera for RVX $5,628.00 E-080-0709-00: Small Aggressive Wheel for QC RX130 Crawler E-080-0711-00: 8” Medium Aggressive wheels (set of 4) with Quick Change Technology-PVC Pipe $ 2,250.00
$ 3,008.00
E-080-0704-02: XL Rubber Wheels for use in 15” and larger diameter pipes-Quick Change Technology $2,855.00 Miscellaneous Hardware: Top Manhole roller, invert roller, tool kit, clean up kit $3,785.00 Operator Studio: Solid Bulkhead wall with sliding window and, Formica desk with outlets above and below, storage cabinet, bench seat with storage, overhead recessed LED lighting, 19” Tru-Vu monitor, operator chair, carpeted walls and ceiling, safety light switches in truck cab, rack cabinet (for computer/ DVD-RW) rack mount UPS device, wall file, black-treaded rubber floor, battery operated carbon monoxide detector, and video distribution booster. Carbon Monoxide Detector Included
Equipment Bay Stainless steel work surface, built-in heavy-duty storage/tool chest, slide-out crawler tray under reel, rear facing 19” Tru-Vu monitor, full height storage cabinet behind crawler drawer, washdown system (on-demand pump, lighted switch, 10 gallon tank with exterior fill, 25’ retractable hose reel), sink for wash-down, Ceiling LED light, gray FRP over plywood on walls and ceiling, aluminum storage shelf and caddy, wheel and drawer, rubber glove dispenser. 12 volt crane, and Tool package.

Carbon Monoxide Detector
Included
Miscellaneous: hand sanitizer, waterless soap, paper towels, rubber gloves, first aid kit, fire extinguisher, rain-x, simple green, dry-erase board, safety package, traffic cones Included
Exterior: rear barn doors with latches/locks, side door with step well, custom Envirosight mud flaps, tieoff clamp on rear bumper. Door latches to secure them in place when openIncluded Power Package: 3.0KW Xantrex shore power cord with 120V wall adapter • breaker box • auto-transfer switch • 12V fuse block • battery tender • kill Switch • Xantrex control panel. Includes bank of batteries to run entire system without the need to run chassis. Includes flexible solar panel
Included
City Council 13 – 5 4/1/2025
43" 4-Up Monitor $4,100.00
Roof Mounted Floods Included
4 Corner Mounted LED Strobes and rear mounted LED arrow board $1,295.00 Back Up Alarm. Included
Back Up Camera. Included
Total for Build Out as Described Above $56,945.00
WinCan VX Advanced License: WinCan VX Advanced License includes: Section/Lateral/Manhole, Basic Reporting, Report Generator, Data Viewer, All languages & Standards, Map Viewer, PhotoAssistant, Drawing function, Meta DB, Data Transfer Tool, SQL database option, Multiple Inspection, Grading, MPEG 1/2/4 Recording, Software Encoding and Text Generator. NASSCO Validator, Inclination, Local deformation & Crack width with laser, HD Video Capture. $11,058.00
Rack Mount Computer: $3,370.00
H-AVERCARD Aver Media Card PCI $535.00
2024 Ford E-450 with 14-foot box, 158” WB, and 7.3L V* Gas Engine $69,995.00 Total for RovverX CCTV Equipment accessories, chassis and build out…………….………....$ 408,249.00 Sales Tax ……. @ 9.25% (Santa Ana, CA) ……………………………………………………………………..$ 37,763.03 Total for RovverX SYSTEM WITH ALL ENHANCEMENTS AS DETAILED ABOVE:………………$446,012.03 The price quoted includes all inbound shipping charges to CA and (2) days of training.

Haaker Equipment Company, based out of La Verne CA, is the authorized dealer and service center for ALL Envirosight technology and equipment. We can also service all RovverX equipment out of our Santee, CA branch. We have trained certified technicians and all the inventory needed to perform all repairs in a timely manner. If we cannot repair any given component in less than 72 hours, a loaner will be provided at no charge to the City of Santa Ana.

The warranty on this product is 1 Year Against Manufacturers’ Defect or Faulty Workmanship.

Thank you again for the opportunity and I will be looking forward to working for you on the purchase of this equipment and I will also be looking forward to your favorable consideration.

Respectfully Yours
Chuy Vallejo
City Council 13 – 6 4/1/2025
Chuy Vallejo
City Council 13 – 7 4/1/2025
Public Works Agency
www.santa-ana.org/pw
Item # 14
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
April 1, 2025
TOPIC: Purchase One 2025 Ford F-600 Regular Cab Utility Service Body Truck

AGENDA TITLE
Purchase Order Contract to PB Loader Corporation for One 2025 Ford F-600 Regular Cab Utility Service Body Truck (Specification No. 25-031) (Non-General Fund)

RECOMMENDED ACTION
Approve a purchase order to PB Loader Corporation for one, new/unused 2025 Ford F600 Regular Cab Utility Service Body Truck, in an amount of $245,023, plus a contingency amount of $15,000, for a total amount not to exceed $260,023.

GOVERNMENT CODE §84308 APPLIES: No

DISCUSSION
The Public Works Agency’s (PWA) Parks, Fleet, and Facilities Division is responsible for the acquisition, maintenance, repair, and replacement of vehicles, trucks, and maintenance equipment. The Fleet Services team maintains an equipment replacement schedule and works with departments to routinely replace vehicles that have surpassed their useful life cycle.

The PWA Water Resources Division (Water Resources) manages and maintains the operations of Santa Ana’s water and sanitary sewer systems. Water Resources currently utilizes a 2014 F-550 for daily operations by the Sewer System Maintenance team. The existing vehicle, the 2014 F-550, was evaluated in accordance with the City’s Equipment Replacement Policy (Exhibit 1), which defines the review process when an equipment is no longer economically operated and maintained. Based on the equipment lifecycle guidelines, the existing vehicle has reached its useful lifecycle of 10 years.

Water Resources is requesting to replace the vehicle with a new 2025 Ford F-600 which includes additional on-board equipment, including a larger-capacity air compressor for powering pneumatic tools used at jobsites such as jackhammers, tampers, and grinders, as well as an on-board electrical generator to power worksite lighting and charge batteries for power tools. These upgrades will reduce the need for a secondary vehicle and/or crew at a jobsite and is a more efficient method of maintaining the highquality sewer services provided to Santa Ana residents and businesses.

City Council 14 – 1 4/1/2025
Purchase of a Ford F-600 Regular Cab Utility Service Body Truck April 1, 2025

Page 2 ends

Santa Ana City Ordinance No. NS-3041 authorizes the City to purchase against contracts from any public agency utilizing a competitive bid process. Sourcewell, a cooperative government purchasing agency, awarded a contract to PB Loader Corporation (Contract No. 080521-PBL) as a result of open, competitive bidding on behalf of its members, which includes government agencies.

Staff researched available procurement options and product offerings in the market and determined that PB Loader Corporaton meets the City’s vehicle specifications (Exhibit 2). By leveraging the procurement power through cooperative purchasing, the City of Santa Ana is able to obtain nationally vetted, high quality products at competitive volume pricing, and is in accordance with the City’s existing Purchasing guidelines. Staff recommends approving a purchase order to PB Loader Corporation for one new/unused 2025 Ford F-600 Regular Cab Utility Service Body Truck (Exhibit 3).

ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.

FISCAL IMPACT
Funds are budgeted and available in the following accounts for Fiscal Year 2024-25:

Fiscal
Year
Accounting
Unit-Account #
Fund
Description
Accounting Unit,
Account Description
Amount
2024-25 07017100-66400 Equipment
Replacement
Equipment
Replacement,
Machinery & Equipment
260,023
TOTAL $260,023

EXHIBIT(S)

1. Equipment Replacement Policy

2. PB Loader Corporation Quote No.12556R

3. Sample Picture of Ford F-600 Regular Cab Utility Body Truck Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Alvaro Nuñez, City Manager
City Council 14 – 2 4/1/2025
EXHIBIT 1
City Council 14 – 3 4/1/2025
City Council 14 – 4 4/1/2025
City Council 14 – 5 4/1/2025
City Council 14 – 6 4/1/2025
City Council 14 – 7 4/1/2025

QUOTATION
CUSTOMER: CITY OF SANTA ANA. CA DATE: 1/21/2025
SOURCEWELL MEMBER ACCOUNT NO. 1888 TERMS: NET 30
F.O.B: CUSTOMER
PROJECT: SEWER DEPARTMENT 11FT UTILITY BODY
QTY PART NO. DESCRIPTION PRICE EXTENSION
PB LOADER CONTRACT NO. 080521-PBL

SOURCEWELL CONTRACT MARKET PRICES

MARKET PRICE UTILITIY TRUCK
1 $224,266.00
SUBTOTAL: $224,266.00
SALES TAX (9.25%): $20,744.61
CA TIRE RECYCLING FEE: $12.25
TOTAL: $245,022.86
NOTES:

Delivery times are approximate.

NO. 12556R

1. 25% DEPOSIT REQUIRED AT TIME OF ORDER.

2. PRICE INCUDES LICENSING AND DELIVERY. SALES TAX BASED ON ORANGE COUNTY.

3. PURCHASE ORDERS ARE TO BE MADE OUT TO PB LOADER CORPORATION .

UTILITY TRUCK COMPLETE WITH:

CHASSIS:
2025 F-600 CHASSIS 4X2 SD REGULAR CAB 169" WB DRW XL (F6K) WITH 7.3L V-8 DEVCT 335HP GAS ENGINE, TORQSHIFT 10-SPEED AUTOMATIC TRANSMISSION W/PTO PROVISION, 22,000 LB. GVWR PAYLOAD PACKAGE, 40-GALLON FUEL TANK, 19.5” ARGENT PAINTED STEEL WHEELS, RUNNING BOARDS, CAMERA PREP KIT, TRAILER BRAKE CONTROLLER, BACKUP ALARM, FULL SIZE SPARE TIRE & WHEEL, TWO (2) EXTRA KEYS, MEDIUM DARK SLATE INTEROR W/ HEAVY DUTY VINYL 40/20/40 SPLIT BENCH SEAT AND EXTERIOR PAINTED

OXFORD WHITE
UTILITY BODY:

FETERL MODEL 69550S UTILITY BODY APPROX. 11 FT LONG X 60" HIGH SIDE PACKS, SIDE PACK COMPARTMENTS ARE 21" DEEP, CONSTRUCTED FROM 10 GA. GALVANNEAL SHEET STEEL, INNER WALL AND TOPS ARE 12 GA TREAD PLATE, DOORS ARE 10 GA. GALVANNEAL, CARGO AREA IS 50" WIDE WITH THE FLOOR CONSTRUCTED FROM 1/8" TREAD PLATE, 6 FLUSH MOUNT 3/8" CHAIN TIE DOWNS , CONCEALED DOOR HINGES, OUTTER BODY IS SMOOTH WITH NO BENDS OUTWARD OR EXTERNAL HINGES TO MAKE A SMOOTH SIDED BODY

FOR EASY CLEANING, INSTALLATION OF DECALS OR BODY WRAPS, INTERIOR OF COMPARTMENTS ARE SPRAYED WITH A DURABLE MATERIAL WITH A RUBBERIZED FEELING, GAS SHOCK SOFT-STOP DOOR OPENERS, DOORS HAVE WHALE TAIL KEYED ALIKE LATCHES, GANG LOCK DOOR SYSTEM PROVIDES A 3-POINT LOCKING SYSTEM AND LOCKS ALL DOORS ON EACH SIDE (EXCEPT FOR WORKBENCH DOOR) WITH ONE LEVER ON EACH SIDEPACK, THIS 3-POINT LOCKING SYSTEM ADDS EXTRA PROTECTION AGAINST THEFT, 10" DROP IN

TAIL GATE AT REAR OF BODY, LED LIGHTING STRIPS IN ALL MAIN BODY COMPARTMENTS, RUBBER CROWN TYPE FENDERS, FULL LENGTH RAIN GUTTERS, AUTOMOTIVE TYPE

WEATHER STRIPPING, MUD FLAPS, DOT APPROVED LIGHTING (LED), BACK UP ALARM, NON PRESURIZED CABINETS, LED STRIP LIGHTS MOUNTED ON ALL COMPARTMENT DOORS AND BODY FULLY UNDERCOATED.

WORK BENCH:
24" WORK BENCH, REAR ENTRY WITH ONE CABLE STEP ON SS, 1/4" THICK TOP PLATE, CLASS 5 RECIEVER HITCH WITH 2" REDUCER SLEEVE, 7 POLE TRAILER RECEPTICAL TO BE TBD BY CITY OF SANTA ANA ALONG WITH WIRING DIAGRAM. NO SIDE ACCESS DOORS. TOP SURFACE WILL HAVE 2 STRIPS OF NON-SLIP SAFTY TAPE EACH BEING 6" WIDE THE FULL WIDTH OF THE WORKBENCH. A 90# JACKHAMMER HOLDER WILL BE INSET INTO THE DRIVERSIDE REAR OF THE WORKBENCH (OR CURBSIDE IF CUSTOMER PREFERS). A 3/4" X 50' AIR REEL, ELECTRIC OPERATED COX P/N 1125-5-50 WILL BE MOUNTED UNDERNEATH THE 1/4" TOP PLATE OF THE WORK BENCH TOWARD THE CS WITH THE HOSE COMING OUT OF THE REAR OF THE WORKBENCH. A WILTON 8" 1780 SWIVEL VISE WILL BE MOUNTED TO THE TOP OF THE WORKBENCH ON THE CS AND WILL BE ON A SLIDE, (APPROX 12") SO VISE CAN BE EXTENDED PAST THE CS SIDEPACK SO CUSTOMER CAN USE IT ON THE CS.

TAMPER HOLDER: ONE TAMPER HOLDER MOUNTED ON TOP OF THE WORKBENCH AT THE REAR OF THE DS SIDE PACK NEXT TO THE CARGO AREA.

BEDLINER: BEDLINER APPLIED TO CARGO FLOOR, DRIVER & CURBSIDE SIDEPACK WALLS.

NOTE: TOPS OF SIDEPACKS WILL NOT BE BEDLINED BUT WILL BE PAINTED TO MATCH PIPE RACKS.

BULKHEAD: FRONT BULKHEAD CONSTRUCTED FROM 7 GA. STEEL, STARTING FROM FLOOR TO TOP OF SIDE PACKS.

E-TRACK & ACCESSORIES:

E-TRACK INSTALLED ALONG DRIVER AND PASSENGER SIDE COMPARMENTS, 1 ROW 8" ABOVE BED AND THE SECOND ROW 6" FROM THE TOP OF SIDE PACK.

SIXTEEN (16) E-TRACK ATTACHMENTS WITH A 2" ID PIPE TO HOLD 8 SHOVELS, ONE ATTACHMENT REQUIRED FOR TOP ROW AND ONE ATTACHMENT REQUIRED FOR BOTTOM ROW

TO HOLD EACH SHOVEL, THESE SHOVEL ATTACHMENTS CAN BE PLACED AT ANY POINT ALONG THE E-TRACK TEN (10) E-TRACK ATTACHMENTS OF ASSORTED CONFIGUATIONS
EIGHT (8) E-TRACK RATCHET STRAPS.

COX P/N TSH-N-550 MOUNTED TRANSVERSE ON FRONT OF FRONT BUMPER WITH HOSE PROJECTING OUT TOWARD C/S WITH GATE VALVE DRIVER SIDE COMPARTMENT ACCESSORIES:
1ST COMPARTMENT APPROX. 26-5/8" WIDE WITH FIVE ADJUSTABLE SHELVES 2ND COMPARTMENT APPROX. 34-7/8" WIDE WITH FIVE ADJUSTABLE SHELVES 3RD WHEEL WELL COMPARTMENT APPROX 43-3/4" WIDE WITH THREE ADJUSTABLE SHELVES. 4TH REAR COMPARTMENT APPROX. 26-5/8" WIDE WITH PARTS STORAGE CABINET APPROXIMATELY 20" WIDE WITH 9 DRAWERS, EACH HAVING A 250# DRAWER RATING, TOP TO BOTTOM, TOP OF CABINET IS A SHELF, DRAWERS #1-2 ARE 3" HIGH AND HAVE DIVIDERS APPROXIMATELY EVERY 2", DRAWERS #3-6 ARE 4" HIGH AND HAVE NO DIVIDERS, DRAWERS #7-9 ARE 6" HIGH AND HAVE NO DIVIDERS.

NOTE: DRAWER INSIDE HEIGHT IS 1" LESS THEN DRAWER HEIGHT. ALSO, ONE ADJUSTABLE SHELF ABOVE CABINET CURBISDE COMPARTMENT ACCESSORIES:
1ST COMPARTMENT APPROX. 26-5/8" WIDE WITH THREE TO FOUR ADJUSTABLE SHELVES DEPENDING ON HOW MUCH ROOM THE CONTROL PANELS NEED. THE CONTROL PANELS FOR THE VANAIR D80 AIR COMPRESSOR AND THE KUBOTA GENERATOR WILL BE MOUNTED TOWARD THE TOP OF THE COMPARTMENT 2ND COMPARTMENT APPROX. 34-7/8" WIDE WITH FOUR TO FIVE ADJUSTABLE SHELVES. INVERTOR WILL BE LOCATED ON TOP SHELF AND BATTERY STORAGE FOR BATTERY OPERATED POWER TOOLS WILL BE ON TOP SHELF.
3RD WHEEL WELL COMPARTMENT APPROX. 43-3/4" WIDE WITH THREE ADJUSTABLE SHELVES 4TH REAR COMPARTMENT APPROX. 26-5/8" WIDE WITH PARTS STORAGE CABINET APPROXIMATELY 20" WIDE WITH 9 DRAWERS, EACH HAVING A 250# DRAWER RATING, TOP TO BOTTOM, TOP OF CABINET IS A SHELF, DRAWERS #1-2 ARE 3" HIGH AND HAVE DIVIDERS APPROXIMATELY EVERY 2", DRAWERS #3-6 ARE 4" HIGH AND HAVE NO DIVIDERS, DRAWERS #7-9 ARE 6" HIGH AND HAVE NO DIVIDERS.

NOTE: DRAWER INSIDE HEIGHT IS 1" LESS THEN DRAWER HEIGHT. ALSO ONE ADJUSTABLE SHELF ABOVE CABINET WILTON VISE:

WILTON TRADESMAN SWIVEL VISE MODEL 1780-8" WIL-63202, MOUNTED ON A SLIDE THAT IS MOUNTED ON THE CURBSIDE OF THE WORKBENCH. THE SLIDE WILL ALLOW THE VISE TO BE EXTENDED PAST THE CS END OF THE WORKBENCH BY APPROX. 12 INCHES.

INVERTER & OUTLET:
3000-WATT INVERTER MOUNTED IN CURBSIDE 2ND COMPARTMENT ON TOP SHELF ONE (1) FOUR PLEX OUTLET OR POWER STRIP MOUNTED IN THE CURBSIDE 2ND COMPARTMENT POWERED BY THE INVERTER GENERATOR & OUTLETS:

KUBOTA LOWBOY II DIESEL GENERATOR-GL7000, 7KW STANDBY,6.5KW PRIME, SINGLE-PHASE, 120/240 VOLT, LIQUID COOLED WITH REMOTE START. REMOTE START PANEL WILL BE MOUNTED IN C/S 1ST CABINET TOWARD TOP. GENERATOR WILL BE LOCATED ON CS SIDEPACK TOWARD FRONT SO AS NOT TO INTERFER WITH PIONEER LIGHT. GENERATOR MAY OVERHANG OUTSIDE OF BODY BY 2-3"
ONE (1) FOUR PLEX OUTLET MOUNTED AT THE REAR OF THE CS SIDE PACK POWERED BY THE GENERATOR ONE (1) DUPLEX PLEX OUTLET MOUNTED AT THE FRONT OF THE CS SIDE PACK OR UNDER THE CS SIDE PACK TOWARD THE FRONT POWERED BY THE GENERATOR.

AIR COMPRESSOR & REELS:

VANAIR D80 AIR COMPRESSOR, MODEL 050850-002, 80CFM @ 100PSI MOUNTED ON THE FLOOR TOWARD THE FRONT OF THE SERVICE BODY BETWEEN THE SIDEPACKS, REMOTE PANEL TO CONTROL AIR COMPRESSOR WILL BE MOUNTED IN THE CURBSIDE 1ST COMPARTMENT, TOWARD THE TOP.

ONE (1) 3/4" X 50' AIR REEL, ELECTRIC OPERATED COX P/N 1125-5-50 WILL BE MOUNTED UNDERNEATH THE 1/4" TOP PLATE OF THE WORK BENCH TOWARD THE CS WITH THE HOSE

COMING OUT OF THE REAR OF THE WORKBENCH WITH GATE VALVE ONE (1) 3/4" X 50 FT AIR REEL SPRING RETRACTABLE COX P/N TSH-N-550 MOUNTED TRANSVERSE ON FRONT OF FRONT BUMPER WITH HOSE PROJECTING OUT TOWARD C/S WITH

GATE VALVE
WARNING & WORK LIGHTS:

ONE (1) NATIONAL SIGNAL LOW PROFILE ELECTRIC TILTING 24" X 48" ARROW BOARD MOUNTED OVER CHASSES CAB DIRECTLY IN FRONT OF BODY.

ONE (1) WHELEN PIONEER SERIES MODEL PCH1P1 FLOOD LIGHT WITH MODEL 86930PB4 57" TELESCOPING POLE MOUNTED ON FRONT OF CS SIDEPACK IN FRONT OF GENERATOR.

SIX (6) WHELEN AMBER STROBE LIGHTS. WHELEN P/N WLN-5VA02ZAR VERTICAL STROBES MOUNTED 2) ON THE GRILL, 2) MID BODY & 2) ON REAR OF BODY ON EACH SIDE PACK TOWARD THE TOP.

ONE (1) RIGID INDUSTRIES Q-SERIES DIFFUSED FLOOD LIGHT, P/N 245513, MOUNTED ON HEADACHE RACK POINTING INTO CARGO AREA.

ONE (1) RIGID INDUSTRIES Q-SERIES DIFFUSED FLOOD LIGHT, P/N 245513, MOUNTED IN FRONT OF BODY UNDER PIPE RACK ON DRIVERSIDE POINTING OUTWARD CONE HOLDERS:

TWO (2) CONE HOLDERS IN FRONT OF THE CHASSIS CLOSE TO THE AIR REELS CURBSIDE STORAGE BASKET:

STORAGE BASKET WILL BE WELDED OR BOLTED ONTO TOP OF CS SIDE PACK. BASKET WILL START APPROX. 6-8" BEHIND GENERATOR AND EXTEND TO THE REAR OF THE SIDE PACK. BASKET WILL BE CONSTRUCTED USING FLATTENED EXPANDED METEL ON THE SIDES. STRUCTURAL ANGLE IRON AND/OR STRUCTURAL TUBING WILL BE AT THE TOP OF THE BASKET FOR REINFORCEMENT. THE FRONT OF THE BASKET WILL BE APPROX. 24" TALL TO PROTECT GENERATOR AND WILL BE MADE OF SHEET STEEL. THE REAR OF BASKET WILL ALSO BE SHEET STEEL. BASKET WILL BE APPROX. 12 INCHES TALL. BASKET WILL BE PAINTED SAME COLOR AS BODY.

CURBSIDE STORAGE BASKET:

STORAGE BASKET WILL CONSIST OF A BOTTOM SECTION BUILT SIMILAR TO THE BASKET ON THE CURBSIDE. IT WILL ALSO BE 12 INCHES TALL AND HAVE SHEET STEEL WELDED ENDS. THE BOTTOM SECTION WILL BE THE FULL LENGTH OF THE DRIVERSIDE SIDE PACK. THE TOP SECTION WILL BE APPROX 19-20 FEET LONG AND EXTEND OVER THE CAB OF THE CHASSIS WITH 6-INCH EARS EXTENDING UPWARD ON BOTH SIDES APPROX. EVERY 4-5 FEET. THE FRONT WILL HAVE A SHEET STEEL BANG BOARD WELDED SO AS TO KEEP PIPE FROM SHIFTING FORWARD, THE REAR WILL BE OPEN. THERE WILL BE TWO (2) MODEL “RACK-STRAP” MODEL RS1 RACHET STRAPS MOUNTED TO THE TOP RAIL OF THE BOTTOM BASKET ON THE (CARGO SIDE). THIS RACK WILL BE BUILD SIMILAR TO THE PHOTOS PROVIDED. THE RACK WILL BE PAINTED SAME COLOR AS THE BODY.

PB Loader Corporation
5778 W. Barstow • Fresno, California 93722-5024 • Telephone (559) 277-7370 • Fax (559) 277-7375 Toll free 800-350-8521 • Web www.pbloader.com
EXHIBIT 2
City Council 14 – 8 4/1/2025
EXHIBIT 3
City Council 14 – 9 4/1/2025
Finance & Management Services
www.santa-ana.org/finance
Item # 15
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
April 1, 2025
TOPIC: Citywide Maintenance, Repair, and Operational Supplies

AGENDA TITLE
Citywide Purchase Order Contract with Grainger, Inc. for Maintenance, Repair, and Operational Supplies (Specification No. 25-048) (General Fund and Non-General Fund)

RECOMMENDED ACTION
Award a Citywide Purchase Order Contract to Grainger, Inc. for online marketplace purchases of goods for a four year term beginning April 1, 2025 and expiring March, 31, 2029, for an annual amount not-to-exceed $400,000, for a total contract amount not-toexceed $1,600,000.

GOVERNMENT CODE §84308 APPLIES: No

DISCUSSION
The Purchasing Division establishes annual Citywide purchase order contracts with vendors that provide goods and services required by multiple City departments on a recurring basis. These contracts provide an alternative to other agreements, helping departments manage costs while benefiting from vendor convenience. Grainger, Inc. provides a variety of essential items, including miscellaneous supplies, parts, equipment, and materials needed for general maintenance and repairs throughout the City. Various departments, including Public Works, Police, Jail, Fleet, Facilities, and Parks & Recreation, rely on these contracts to order supplies as needed, ensuring uninterrupted operations and facility management.

Santa Ana Ordinance No. NS-3041 authorizes the City to purchase against contracts from any public agency utilizing a competitive bid process. Omnia, a cooperative government purchasing agency, awarded a contract to Grainger, Inc. (Contract No. 240078-01) for maintenance repair and operations (MRO) supplies, parts, equipment, and materials as a result of open, competitive bidding, and meets the City’s requirements. Staff researched available procurement options and product offerings in the market and determined that the MRO supplies, parts, equipment, and materials provided by Grainger, Inc. enables City staff to procure as-needed materials as efficiently as possible when out in the field maintaining City facilities. By leveraging the procurement power through cooperative purchasing, the City of Santa Ana is able to obtain nationally vetted, high quality products City Council 15 – 1 4/1/2025
Citywide Purchase Order Contract for Maintenance, Repair, and Operational Supplies April 1, 2025

Page 2 ends

at competitive volume pricing, and is in accordance with the City’s existing Purchasing Guidelines.

ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.

FISCAL IMPACT
Funding is available in the FY 24-25 budget, with $100,000 allocated under various departmental Miscellaneous Operating Expense accounts (No. 63001). Funding for subsequent fiscal years will also be included in these Miscellaneous Operating Expense accounts as part of proposed budgets for City Council consideration. An estimated annual amount of $400,000 may be utilized, but actual usage will vary based on needs and budget capacity. However, total expenditures will not exceed the contract limit of $1,600,000.

Prior to utilizing the citywide contracts, the requesting departments will follow the Purchasing Policies and Procedures and ensure funds are available. Upon successful completion of the fiscal review, the Purchasing Division will approve orders in accordance with the Policy.

Submitted By: Alex Trinidad, Acting Finance and Management Services Agency Executive Director
Approved By: Alvaro Nuñez, City Manager
City Council 15 – 2 4/1/2025
Human Resources Department
www.santa-ana.org/human-resources
Item # 16
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
April 1, 2025
TOPIC: City Manager Performance Evaluation and Compensation Adjustment

AGENDA TITLE
Approve a First Amendment to Employment Agreement Between the City of Santa Ana and Alvaro Nuñez and Adopt a Resolution Approving the Council Appointee Salary Schedule

RECOMMENDED ACTION

1. Approve a first amendment to the Employment Agreement Between the City of Santa Ana and Alvaro Nuñez reflecting the positive City Manager performance evaluation conducted on March 18, 2025 and approving an adjusted annual salary for the City Manager of $340,200 (Agreement No. A-2025-XXX).

2. Adopt a resolution updating the City’s Classification and Compensation Plan with the amended annual salary for City Manager 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. 2025-XXX 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
GOVERNMENT CODE §84308 APPLIES: No

DISCUSSION
The City’s employment agreement with Alvaro Nuñez was first approved on August 6, 2024. The City Charter provides that the City Council shall conduct performance evaluations of its appointees on an annual basis. In addition, the City Manager’s employment agreement provides for a review to evaluate the performance of the City Manager at least 120 days following the commencement of his job as the City Manager and annually thereafter. The City Council conducted a performance evaluation of the City Manager on March 18, 2025. The City Manager received a positive performance evaluation and proposed a salary increase to $340,200, effective March 18, 2025. The City Council can approve the proposed First Amendment to the City Manager Employment Agreement to grant a salary increase (Exhibit 1). The proposed resolution City Council 16 – 1 4/1/2025
City Manager Performance Evaluation and Salary Adjustment April 1, 2025

Page 2 ends

amends the City’s Classification and Compensation Plan and approves the Council Appointee Salary Schedule to reflect the aforementioned City Manager salary adjustment (Exhibit 2).

ENVIRONMENTAL IMPACT
There are no environmental impacts associated with this action.

FISCAL IMPACT
Approval of these actions will result in an annual total increase of approximately $7,834 in Fiscal Year 2024-25. There are sufficient funds in the City Manager’s Office budget (account 011-03-010-61000) to cover the increased costs in the current fiscal year.

Estimated total General Fund fiscal impact for FY2025-26 is $27,591.

EXHIBIT(S)

1. First Amendment to the Employment Agreement Between the City of Santa Ana and Alvaro Nuñez affirming a positive performance evaluation and approving an annual salary adjustment for the City Manager; and

2. Resolution amending the City’s Classification and Compensation Plan and approving the amended Council Appointee Salary Schedule Submitted By: Lori Schnaider, Executive Director of Human Resources Approved By: Kathryn Downs, Assistant City Manager
City Council 16 – 2 4/1/2025
City Council 16 – 3 4/1/2025
City Council 16 – 4 4/1/2025
Resolution 2025-XXX

Page 1 of 3 ends

RESOLUTION NO. 2025-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA TO EFFECT CERTAIN CHANGES TO THE CITY’S

CLASSIFICATION AND COMPENSATION PLAN

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS:

Section 1. The City Council of the City of Santa Ana (“City”) hereby finds, determines, and declares as follows:

A. Section 1004 of the City Charter of the City requires the City Manager to prepare, install, and maintain a position classification and pay plan subject to civil service rules and regulations and the approval of the City Council.

B. It is the City’s practice to assign job titles that reflect the duties and responsibilities of the classification and are consistent with other classifications within the City’s organizational structure, as well as comparable job titles in the labor market, while maintaining internal pay equity relationships and attracting and retaining qualified candidates.

C. The City Council regularly amends the City’s classification and compensation plan for all full-time and part-time classifications of officers and employees of the City of Santa Ana.

D. The City Council approved a salary adjustment for the City Manager from $315,000 to $340,200 effective March 18, 2025.

E. It is now desired to amend the City’s classification and compensation plan to reflect the approved change to the City Manager’s salary.

Section 2. The Santa Ana City Council hereby approves an updated Salary Schedule for the Council Appointee unit, attached to this resolution as Exhibit A, reflecting classification and compensation amendments per previously approved City Council agreements and amendments to agreements, grouped by employee unit as recommended by the California Public Employees' Retirement System (“CalPERS”), and in compliance with CalPERS and Title 2 of the California Code of Regulations section 570.5.

Section 3. This resolution supersedes Resolution No. 2024-060.

Section 4. This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall attest and certify the vote adopting this resolution.

City Council 16 – 5 4/1/2025
Resolution 2025-XXX

Page 2 of 3 ends

ADOPTED this 1
st day of April 2025.
___________________________
Valerie Amezcua
Mayor
APPROVED AS TO FORM:

Sonia R. Carvalho
City Attorney
By: __________________
Laura A. Rossini
Chief Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers

CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Jennifer L. Hall City Clerk, do hereby attest to and certify the attached Resolution No. 2025-___ to be the original resolution adopted by the City Council of the City of Santa Ana on April 1, 2025.

Date: ___________________ ____________________________
Jennifer L. Hall
City Clerk
City of Santa Ana
City Council 16 – 6 4/1/2025
Resolution 2025-XXX

Page 3 of 3 ends

EXHIBIT A

COUNCIL APPOINTEE

SALARY SCHEDULE
REVISED APRIL 1, 2025
EFFECTIVE MARCH 18, 2025

JOB TITLE JOB CODE ANNUAL PAY RATE
City Manager (EM) 01790 340,200
City Clerk (EM) 01990 195,083
City Council 16 – 7 4/1/2025
Public Works Agency
www.santa-ana.org/pw
Item # 17
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
April 1, 2025
TOPIC: Fire Station 70 Restroom Remodel and Generator Replacement

AGENDA TITLE
Construction Contract to BNS Construction for the Fire Station 70, 2301 Old Grand Street, Remodel, ADA Restroom and Generator Upgrade (Project No. 24-6626) (General Fund)

RECOMMENDED ACTION

1. Approve an amendment to the FY 2024-25 Capital Improvement Program to include $716,250 in construction funds for the Fire Station 70 Remodel, ADA Restroom and Generator Project.

GOVERNMENT CODE §84308 APPLIES: No

DISCUSSION
The Public Works Agency’s (PWA) Parks, Fleet, and Facilities team maintains most City facilities, including ten fire stations occupied by the Orange County Fire Authority (OCFA). Together with OCFA, staff assessed all Santa Ana fire stations and prioritized repairs and improvements. It was identified that the restrooms at Fire Station 70, located at 2301 Old Grand Street (Exhibit 1), currently do not meet the accessibility standards set by the Americans with Disabilities Act (ADA) and require remodeling. Built City Council 17 – 1 4/1/2025
Fire Station 70 ADA Restroom Remodel and Generator Replacement April 1, 2025

Page 2 ends

in 1971, this fire station’s restroom is original to the structure. Additionally, the emergency generator, which powers the facility during power outages, is 54 years old and has become outdated and in need of replacement.

Improvements to the facility include updating lighting, plumbing fixtures, finishes, demolition and installation of non-loadbearing interior partitions and ceiling finishes, and replacing the outdated generator on a level, flat, and hardened concrete pad. The pad will offer a level base for the generator, protect it from damage, and enhance safety and efficiency. Once completed, these improvements will ensure the facility remains in compliance with the latest building codes and ADA standards.

A copy of construction plans, contracts, specifications, and all related reference materials (such as The Greenbook) are available for public review at the City’s Public Works Agency, Central Files office located in City Hall.

Contractor Participation
To provide an opportunity for local vendors to submit bids, the City notified a total of 2,620 regional vendors via PlanetBids, several of which are Santa Ana based. A total of 23 bids were received. No bids were received from Santa Ana contractors.

As legally required, a Notice Inviting Bids was advertised in the Orange County Register newspaper on December 2, 2024 and December 9, 2024. This project was also advertised in PlanetBids on November 26, 2024. Bids were received electronically via Planet Bids on January 13, 2025. No bid protest was submitted by any of the bidders during the bid protest period.

Bid Results Summary
RANK BIDDER’S NAME LOCATION BASE BID
1 BNS Construction Tarzana, CA $573,000
2 Estate Design and Construction Los Angeles, CA $610,557 3 Rhome Profile Construction Bellflower, CA $632,643
4 Triangle DeCon Services, Inc. Mission Viejo, CA $696,500 5 American Construction Company Anaheim, CA $704,513
6 Global Builders Inc. Laguna Hills, CA $749,888
7 R Dependable Const Inc. San Bernardino, CA $749,997
8 Fidelity Builders, Inc. Glendale, CA $787,700
9 Ambit Construction & Design, Inc. Los Angeles, CA $799,200 10 Far West Contractors Placentia, CA $860,022
11 KAH Construction LLC Canyon Country, CA $992,321
12 Loengreen, Inc. Los Angeles, CA $1,076,005
13 JRH Construction Company, Inc. Tustin, CA $1,077,261 14 AVA Builders, Inc. North Hollywood, CA $1,087,022
15 Metro Builders & Engineers Group, Ltd Newport Beach, CA $1,102,005 City Council 17 – 2 4/1/2025
Fire Station 70 ADA Restroom Remodel and Generator Replacement April 1, 2025

Page 2 ends

RANK BIDDER’S NAME LOCATION BASE BID
16 U.S Builders & Consultants Irvine, CA $1,138,700
17 Marjani Builders, Inc. Rancho Mission Viejo,
CA
$1,144,022
18 Urban Professional Builders, Inc. Pasadena, CA $1,264,022 19 The Nazerian Group Encino, CA $1,294,123
20 BBS Construction, Inc. West Covina, CA $1,332,022
21 Accurate Construction Company Inc. Covina, CA $1,336,092 22 MLC Constructors Inc. Corona, CA $1,344,181
A total of 23 bids were received and one was deemed unresponsive. BNS Construction submitted the lowest responsive base bid in the amount of $573,000 (Exhibit 2). As specified in the bid documents, the lowest bid shall be determined on the basis of the base bid.

This will be the first project BNS Construction will build in Santa Ana. BNS Construction has done similar projects in the past for other agencies. Most recently, they completed a similar ADA restroom renovation project for the U.S. Department of Veterans Affairs Contracting Office in Yorba Linda, CA. Based on the bid analysis and a contractor’s reference check, staff recommends awarding the construction contract to BNS Construction (Exhibit 3).

Project Delivery
To deliver a complete project, in addition to the construction contract, the estimated total project delivery cost includes construction administration, inspection, and testing, along with an allowance for contingencies to account for unexpected or unforeseen conditions. Construction administration and inspection includes construction management and implementation of the labor requirements.

Any of the allocated construction administration funds not spent are considered project savings and are returned to the respective fund balance upon close out of the project.

As indicated in the Cost Analysis and as summarized in the table below, the estimated total construction delivery cost of the project is $716,250.

Project Item Total
Construction Contract Bid Amount $ 573,000
Construction Administration 42,975
Inspection 25,785
Testing 17,190
Project Contingencies 57,300
TOTAL ESTIMATED CONSTRUCTION DELIVERY COST $ 716,250
City Council 17 – 3 4/1/2025
Fire Station 70 ADA Restroom Remodel and Generator Replacement April 1, 2025

Page 2 ends

Project Schedule and Contract Time
The project completion date is March 2026, barring unforeseeable conditions such as rain, natural disasters, or other delays beyond the control of the City and of the Contractor. The contract for this project is 150 working days, as specified in the bid documents. Working days are counted in accordance with the City’s Standard Specifications, which exclude weekends, City-observed holidays, and inclement weather days that prevent work. The projected project schedule is provided below:

Project Milestones
Milestone Estimated
Completion Date
Notes
Administrative Startup April 2025 Contract execution, bonds, insurance
Material Procurement April-August 2025 Procurement for long lead items (panel, generator, automatic
transfer switch, electrical fixtures)
Contractor Mobilization August 2025 Start of construction activities Project Completion March 2026 Based on 150 working days Project Phasing
The contractor will be constructing this project in one singular phase, fulfilling the scope of work as outlined in the contract documents. Due to the long lead times in securing project materials, on-site work will not commence until materials have been secured (approx. August 2025). The contractor is responsible for determining the scheduling and sequencing of activities based on their proposed means and methods.

Public Outreach
Construction will be confined to the fire station, ensuring that the community and neighborhoods remain unaffected. Staff has continuously met with OCFA to discuss the impact on their fire station. The contractor and staff will coordinate with OCFA throughout the project construction and will install signage at the project site indicating project details and contact information.

ENVIRONMENTAL IMPACT
In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Review No. ER-2025-11 was filed for the project 24-6626 (Exhibit 4).

FISCAL IMPACT
As indicated in the Cost Analysis, the estimated total construction delivery cost of the project is $716,250. All funds are available for expenditure in Fiscal Year 2024-2025.

Any remaining balances not expended at the end of the fiscal year will be presented to City Council for approval to carry forward to Fiscal Year 2025-2026 (Exhibit 5).

City Council 17 – 4 4/1/2025
Fire Station 70 ADA Restroom Remodel and Generator Replacement April 1, 2025

Page 2 ends

The proposed contract enables staff to authorize a construction cost increase of up to 10%, if necessary for contingencies. Staff expects to utilize other available Public Works appropriations if a contingency becomes necessary to complete the project. If there are no other available appropriations, staff will return to City Council with a project update and recommendations.

The funds are budgeted and available in the following accounts for this project.

Fiscal
Year
Accounting Unit
- Account No.
(Project No.)
Fund
Description
Accounting Unit,
Account Description Amount
Current Budget
2024-25 01115017-62300
(24-6626)
General
Fund
Fire – Service
Enhancement, Contract
Services - Professional
635,861
2024-25 01115330-62300
(24-6626)
General
Fund
Fire Suppression/EMS,
Contract Services -
Professional
80,389
TOTAL $716,250

EXHIBIT(S)

1. Location Map

2. Bid Proposal

3. Construction Contract

4. Environmental Determination

5. Capital Improvement Project Worksheet
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Alvaro Nuñez, City Manager
City Council 17 – 5 4/1/2025
PWA

SANTA ANA

PUBLIC WORKS AGENCY
Project Nos. 24-6626:

OCFA Fire Station #70 Remodel, ADA Restroom
and Generator Upgrade
2301 Old Grand St, Santa Ana, CA 92705
EXHIBIT 1
City Council 17 – 6 4/1/2025
BNS Construction
557,978.00 557,978.00
2,000.00
5,000.00
8,022.00
573,000.00
City Council 17 – 7 4/1/2025

CITY OF SANTA ANA

PROPOSAL
PROJECT NO.: 23-6626
OCFA FIRE STATION #70 REMODEL, ADA RESTROOM AND GENERATOR UPGRADE P-2 of P-18
Proceed. Upon issuance of the Notice to Proceed, Contractor shall immediately place order for long-lead time items.

The liquidated damages amount, in lieu of the amount specified in Subsection 6-9 of the Standard Specifications, shall be $3,600 per calendar day.

Name of Firm
Signature of BIDDER
Title
(If an individual, so state. If a firm or co-partnership, state the firm name and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) BNS Construction
Owner
City Council 17 – 8 4/1/2025

CITY OF SANTA ANA

PROPOSAL
PROJECT NO.: 23-6626
OCFA FIRE STATION #70 REMODEL, ADA RESTROOM AND GENERATOR UPGRADE P-3 of P-18
BIDDER’S STATEMENT
BIDDER understands and agrees that this Bid Proposal, Contract Documents and subsequent Construction Contract Agreement shall constitute the entire agreement between BIDDER and the AGENCY only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Public Works Agency Executive Director or his/her duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to BIDDER or deposited with the United States Postal Service properly addressed to the BIDDER with the correct postage affixed thereto.

BIDDER further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish AGENCY all required bonds and certificate of liability insurance within ten (10) business days or the funds, check, draft, or BIDDERS bond substituted in lieu thereof accompanying this proposal shall become the property of the AGENCY and shall be considered as payment of damages due to the delay and other causes suffered by AGENCY because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered is difficult to ascertain; otherwise said funds, check, drafts, or BIDDER’S bond substituted in lieu thereof shall be returned to the undersigned.

BIDDER understands that a bid is required for the entire work, the estimated quantities set forth in the bid schedule are solely for the purpose of comparing bids, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. The BIDDER also certifies that the bid is a balanced bid.

In accordance with Section 7028.15 of the California Business and Professions Code, the undersigned certifies under penalty of perjury that the foregoing is true and correct.

CITY OF SANTA ANA

PROPOSAL
PROJECT NO.: 23-6626
OCFA FIRE STATION #70 REMODEL, ADA RESTROOM AND GENERATOR UPGRADE P-4 of P-18
CONTRACTOR’S LICENSING AND REGISTRATION STATEMENT
The undersigned contractor, or corporate officer, declares under penalty of perjury that he/she and all his/her subcontractors are registered with the State of California Department of Industrial Relations (DIR), and that the following is true and correct.

Contractor’s Name:

Business Address:

Business E-Mail Address:

Telephone:

State Contractor’s License No. and Class:

License Expiration Date:

State Dept. of Industrial Relations (DIR)
Registration No.:

State Dept. of Industrial Relations (DIR)
Registration Expiration Date:

Signed:

Title:

BNS Construction
18440 Hatteras St. #33, Tarzana, CA 91356
[email protected]
818-535-1006
California, 758726, class: B, C-21, ASB
02/28/2027
2000006915
Owner
06/30/2025
City Council 17 – 10 4/1/2025

CITY OF SANTA ANA

PROPOSAL
PROJECT NO.: 23-6626
OCFA FIRE STATION #70 REMODEL, ADA RESTROOM AND GENERATOR UPGRADE P-5 of P-18

PREVAILING WAGE COMPLIANCE AND MONITORING STATEMENT
Contractor is aware of the requirements of California Labor Code Section 1720, et seq., as well as California Code of Regulations, Title 8, Section 16,000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. Since the services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws.

City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the services available to interested parties upon request, and shall post copies at the Contractor’s principal place of business and at the project site.

Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

The undersigned certifies that the foregoing is true and correct.

Name of Firm
Signature of BIDDER
Title
(if an individual, so state)
BNS Construction
Owner
City Council 17 – 11 4/1/2025
City Council 17 – 12 4/1/2025
City Council 17 – 13 4/1/2025
City Council 17 – 14 4/1/2025
City Council 17 – 15 4/1/2025

CITY OF SANTA ANA

PROPOSAL
PROJECT NO.: 23-6626
OCFA FIRE STATION #70 REMODEL, ADA RESTROOM AND GENERATOR UPGRADE P-8 of P-18

LIST OF SUB-CONTRACTORS
Section 4100 et. seq. of the Public Contract Code requires listing of all subcontractors with the bid for all subcontract work exceeding the following amount:
o Streets, highways including bridge projects: ½% of the bid or $10,000, whichever is greater o Buildings, parks, or other projects: ½% of the bid
Section 1725.5 of the Public Contract Code requires all Subcontractors be registered with the State Department of Industrial Relations (DIR).

BIDDER proposes to subcontract certain portions of the work to the firms listed below:

Name Name
License #/Exp. License #/Exp.

DIR Reg. #/Exp. DIR Reg. #/Exp.

Location Location
Phone Phone
Type Of Work Type Of Work
Amount $ Amount $
Name Name
License #/Exp. License #/Exp.

DIR Reg. #/Exp. DIR Reg. #/Exp.

License # License #
Location Location
Phone Phone
Type Of Work Type Of Work
Amount $ Amount $
Name Name
License #/Exp. License #/Exp.

DIR Reg. #/Exp. DIR Reg. #/Exp.

License # License #
Location Location
Phone Phone
Type Of Work Type Of Work
Amount $ Amount $

Signature of Bidder
I builders 4 u
988185
06/30/2025
18375 Ventura Blvd, unit 148. Tarzana, 91356
818-383-3353
Concrete, Finishes
56,868
City Council 17 – 16 4/1/2025

CITY OF SANTA ANA

PROPOSAL
PROJECT NO.: 23-6626
OCFA FIRE STATION #70 REMODEL, ADA RESTROOM AND GENERATOR UPGRADE P-9 of P-18

REFERENCES
The following are the names, addresses, and telephone numbers for THREE public agencies for which the BIDDER has performed similar work within the past three years.

1. Name and Address of Owner.

Name and Telephone Number of person familiar with project.

Contract Amount Type of Work Date Completed

2. Name and Address of owner.

Name and Telephone Number of person familiar with project.

Contract Amount Type of Work Date Completed

3. Name and Address of owner.

Name and Telephone Number of person familiar with project.

Contract Amount Type of Work Date Completed
The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance and bonds.

Shay Philips
S Philips Surety & Insurance Services Inc
22647 Ventura Bl #349
Woodland Hills, CA 91364
818-715-7133
VA contracting office, 18801 Haven Lane, Yorba Linda, CA 92886 Ginny Bolle (714) 803-5387 leave a message and she will call you back $88,000 ADA Bathroom Remodeling VA 1/29/2023
$440,000 8 units ADA Bathroom Remodeling 10/20/2022
Joram Kesten 818-398-5125
Topham LLC, 18627 Topham St. Tarzana, CA 91356
Lawrence Mcmahan, 216-258-4707
VA federal Project, Acton
$99,480.00 VA Adaptable Bathroom Acton 02/04/2021
City Council 17 – 17 4/1/2025

CITY OF SANTA ANA

PROPOSAL
PROJECT NO.: 23-6626
OCFA FIRE STATION #70 REMODEL, ADA RESTROOM AND GENERATOR UPGRADE P-10 of P-18

ADDITIONAL REFERENCES
The following are the names, addresses, and telephone numbers for THREE public agencies for which the BIDDER or Subcontractor has performed similar work in the past five years.

1. Name and Address of Owner.

Name and Telephone Number of person familiar with project.

Contract Amount Type of Work Date Completed

2. Name and Address of owner.

Name and Telephone Number of person familiar with project.

Contract Amount Type of Work Date Completed

3. Name and Address of owner.

Name and Telephone Number of person familiar with project.

Contract Amount Type of Work Date Completed
The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance and bonds.

Shay Philips
S Philips Surety & Insurance Services Inc
22647 Ventura Bl #349
Woodland Hills, CA 91364
818-715-7133
[email protected]
Subcontractor project: 4M Investment, 12300 Wilshire Blvd, Los Angeles, CA 90025 David Marzini, 818-339-3653
$734,000 12300 Whilsire TI 10/12/2022
Federal Aviation , Lihue Airport, HI
Ira Farnoush, (310) 880-0462
$88,000.00 Lihue Vortac Refurbishment, 1/20/2020
Remove, Refurbish the Upolu VOR (Teepee &
Tacan) and Reinstall 10/28/2023
City Council 17 – 18 4/1/2025
City Council 17 – 19 4/1/2025

CITY OF SANTA ANA

PROPOSAL
PROJECT NO.: 23-6626
OCFA FIRE STATION #70 REMODEL, ADA RESTROOM AND GENERATOR UPGRADE P-12 of P-18

NON-DISCRIMINATION CERTIFICATE
The undersigned contractor or corporate officer, during the performance of this contract, certifies as follows:

1. The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.

2. The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin.

3. The Contractor shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers’ representatives of the Contractor’s commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

4. The Contractor shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

5. The Contractor shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders.

6. In the event of the Contractor’s non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law.

City Council 17 – 20 4/1/2025

CITY OF SANTA ANA

PROPOSAL
PROJECT NO.: 23-6626
OCFA FIRE STATION #70 REMODEL, ADA RESTROOM AND GENERATOR UPGRADE P-13 of P-18

7. The Contractor shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request that the United States enter into such litigation to protect the interests of the United States.

8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, no discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any contractor of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter.

Signed:

Title:

Firm:

Date:

Owner
BNS Construction
1/13/2025
City Council 17 – 21 4/1/2025

CITY OF SANTA ANA

PROPOSAL
PROJECT NO.: 23-6626
OCFA FIRE STATION #70 REMODEL, ADA RESTROOM AND GENERATOR UPGRADE P-14 of P-18

STATEMENT REGARDING APPRENTICESHIP REQUIREMENTS
The undersigned BIDDER is familiar with the requirements of Section 1777.5 of the State Labor Code regarding employment of apprentices, and understands that contractors on contracts exceeding $30,000 or 20 working days shall:

1. Apply to the joint apprenticeship committee administering the apprenticeship standards of the craft or trade in the area of the site of the public work for a certificate approving the contractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected.

2. Employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the apprenticeship standards.

3. Contribute to the fund or funds in each craft or trade in which he/she employs journeymen or apprentices on the public work, in the same amount or upon the same basis and in the same manner as the other contractors, except contractors not signatory to the trust agreement shall pay a like amount to the California Apprenticeship Council.

Signed:

Title:

Firm:

Date:

Owner
BNS Construction
1/13/2025
City Council 17 – 22 4/1/2025

CITY OF SANTA ANA

PROPOSAL
PROJECT NO.: 23-6626
OCFA FIRE STATION #70 REMODEL, ADA RESTROOM AND GENERATOR UPGRADE P-15 of P-18
STATEMENT REGARDING “ANTI-KICKBACK” REQUIREMENTS
The undersigned is submitting this proposal for performing by contract the work required by these bid documents, agrees to comply with the Copeland “Anti-Kickback” Act (18 USC 74) as supplemented in the Department of Labor regulations (29 CFR, Part 3). This act provides that each contractor or subcontractor shall be prohibited from inducing, by any means, any person employed in the construction or repair of public work, to give up any part of the compensation to which he/she is otherwise entitled.

Signed:

Title:

Firm:

Owner
BNS Construction
City Council 17 – 23 4/1/2025

CITY OF SANTA ANA

PROPOSAL
PROJECT NO.: 23-6626
OCFA FIRE STATION #70 REMODEL, ADA RESTROOM AND GENERATOR UPGRADE P-16 of P-18

FLEET COMPLIANCE CERTIFICATION
Bidder hereby acknowledges that they have reviewed the California Air Resources Board’s policies, rules and regulations and are familiar with the requirements of Title 13, California Code of Regulations, Division 3, Chapter 9, effective on January 1, 2024 (the “Regulation”). Bidder hereby certifies, subject to penalty for perjury, that the option checked below relating to the Bidder’s fleet, and/or that of their subcontractor(s) (“Fleet”) is true and correct:

The Fleet is subject to the requirements of the Regulation, and the appropriate Certificate(s) of Reported Compliance have been attached hereto.

The Fleet is exempt from the Regulation under section 2449.1(f)(2), and a signed description of the subject vehicles, and reasoning for exemption has been attached hereto.

Bidder and/or their subcontractor is unable to procure R99 or R100 renewable diesel fuel as defined in the Regulation pursuant to section 2449.1(f)(3). Bidder shall keep detailed records describing the normal refueling methods, their attempts to procure renewable diesel fuel and proof that shows they were not able to procure renewable diesel (i.e. third party correspondence or vendor bids).

The Fleet is exempt from the requirements of the Regulation pursuant to section 2449(i)(4) because this Project has been deemed an Emergency, as defined under section 2449(c)(18). Bidder shall only operate the exempted vehicles in the emergency situation and records of the exempted vehicles must be maintained, pursuant to section 2449(i)(4).

The Fleet does not fall under the Regulation or are otherwise exempted and a detailed reasoning is attached hereto.

Name of Bidder:

Signature:

Name:

Title:

Date:

BNS Construction
Ron Shashua
Owner
1/13/2025
City Council 17 – 24 4/1/2025

CITY OF SANTA ANA

PROPOSAL
PROJECT NO.: 23-6626
OCFA FIRE STATION #70 REMODEL, ADA RESTROOM AND GENERATOR UPGRADE P-17 of P-18
PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE
In conformance with Public Contract Code Section 10162, the BIDDER shall complete, under penalty of perjury, the following questionnaire:

Has the BIDDER, any officer of the BIDDER, or any employee of the BIDDER who has a proprietary interest in the BIDDER, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation?
Yes No
If the answer is yes, explain the circumstances in the following space.

City Council 17 – 25 4/1/2025

CITY OF SANTA ANA

PROPOSAL
PROJECT NO.: 23-6626
OCFA FIRE STATION #70 REMODEL, ADA RESTROOM AND GENERATOR UPGRADE P-18 of P-18

STATEMENT REGARDING COMMUNITY WORKFORCE AGREEMENT (CWA)

REQUIREMENTS
This is to certify that the undersigned BIDDER, and subcontractors, have read and understood the CWA entered into by and between the City of Santa Ana, the Los Angeles/Orange Counties Building and Construction Trades Council, and the signatory Craft Councils and Local Unions, effective as of June 6, 2023.

The undersigned BIDDER hereby agrees to comply with all terms and conditions of the CWA, and is capable of completing construction of the project continuously, and without interruptions or delays. If awarded any work covered by the CWA, BIDDER will also be required to sign the Letter of Assent that appears as Attachment A to the CWA.

The undersigned BIDDER has reviewed the Public Works Construction Permit and required deposit described in Section 2-2a and the Notice of Inviting Bids.

Signed:

Title:

Firm:

Date:

Owner
BNS Construction
1/13/2025
City Council 17 – 26 4/1/2025
rev. 09/01/2017 Page 1 of 4

CITY OF SANTA ANA

CONSTRUCTION CONTRACT AGREEMENT
PROJECT NO.: 24-6626
OCFA FIRE STATION #70 REMODEL, ADA RESTROOM AND GENERATOR UPGRADE This CONSTRUCTION CONTRACT is made and entered into this 1st day of April, 2025 by and between the City of Santa Ana, California, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter “CITY”), and BNS Construction (hereinafter “CONTRACTOR”).

WITNESSETH:

The CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows:

1. CONTRACTOR agrees to perform all the work and furnish all the materials at its own cost and expense necessary to construct and complete in a good and workmanlike manner and to the satisfaction of the City Engineer of the CITY, the OCFA Fire Station #70 Remodel, ADA Restroom and Generator Upgrade Project (hereinafter referred to as the “WORK OF IMPROVEMENT”) identified in and in accordance with the Contract Documents prepared by the City’s Public Works Agency and approved by the City Council.

2. The complete Construction Contract consists of the “Contract Documents” as defined by the Standard Specifications for Public Works Construction and which include the following:
• Notice Inviting Bids
• Information to Bidders
• Bid Proposal
• Bid Bond
• Contract Form
• Contract Bonds
• General Provisions
• Special Provisions
• Technical Provisions and Project Plans
• Community Workforce Agreement
• Appendices
In case of conflict between the Contract Documents, the precedence of documents shall be as established in the Standard Specifications for Public Works Construction.

3. CITY agrees to pay and CONTRACTOR agrees to accept in full payment to complete the WORK OF IMPROVEMENT the sum total amount not to exceed Five Hundred Seventy-Three Thousand Dollars and No Cents ($573,000.00), as set forth and identified in the BID PROPOSAL, which is attached hereto and incorporated herein as Exhibit “A,” and in accordance with Section 2-7.1 of the Greenbook:

Standard Specifications for Public Works Construction.

EXHIBIT 3
City Council 17 – 27 4/1/2025

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Santa Ana City CouncilApril 1, 2025

Santa Ana City Council
April 1, 2025