CITY COUNCIL 1 SEPTEMBER 15, 2026
DRAFT Minutes of the Regular Meeting
of the City Council
City of Santa Ana, California
September 15, 2026
CLOSED SESSION MEETING – 5:00 P.M.
REGULAR OPEN MEETING – 5:30 P.M.
(Immediately following the Closed Session Meeting)
CITY COUNCIL CHAMBER
22 Civic Center Plaza Santa Ana, CA 92701
CLOSED SESSION
CALL TO ORDER
MINUTES: Mayor Pro Tem Penaloza called the Closed Session meeting to order at 5:09 P.M.
ATTENDANCE Council Members Phil Bacerra
Johnathan Ryan Hernandez
Jessie Lopez
Thai Viet Phan
Benjamin Vazquez
Mayor Pro Tem David Penaloza
Mayor Valerie Amezcua
City Manager Alvaro Nuñez
City Attorney Sonia R. Carvalho
City Clerk Jennifer L. Hall
CITY COUNCIL 2 SEPTEMBER 15, 2026
ROLL CALL
MINUTES: City Clerk Jennifer L. Hall conducted roll call.
Councilmembers Bacerra, Hernandez, Phan, and Vazquez, and Mayor Pro Tem Penaloza were present. Mayor Amezcua and Councilmember Lopez joined the meeting during Closed Session.
ADDITIONS\DELETIONS TO CLOSED SESSION
MINUTES: None
Councilmember Phan recused herself from Closed Session Agenda Item No. 1 as the property owner, Caribou Industries, is a client of her employer, Rutan and Tucker, and left the dais at 5:10 P.M.
PUBLIC COMMENTS – Members of the public may address the City Council on Closed Session items.
MINUTES: The following speakers addressed City Council in-person:
1. Andrew Gonzales, LA/OC Building Trades, spoke in support of the project located at 201 West Third Street.
2. Thomas Drennan, IUOE Local 12, spoke in support of the project located at 201 West Third Street.
3. Daniel Osborne, Local 433, spoke in support of the project located at 201 West Third Street.
4. Rick Sanchez, Local 416, spoke in support of the project located at 201 West Third Street.
RECESS – City Council will recess to Closed Session for the purpose of conducting regular City business.
MINUTES: Mayor Pro Tem Penaloza recessed to consider the Closed Session items at 5:15 P.M.
CLOSED SESSION ITEMS – The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation:
CITY COUNCIL 3 SEPTEMBER 15, 2026
1. POTENTIAL INITIATION OF LITIGATION pursuant to Paragraph (4) of subdivision (d) of Government Code Section 54956.9: One (1) Case – 201 West Third Street, Santa Ana, CA 92701
RECONVENE – City Council will reconvene to continue regular City business.
CITY COUNCIL REGULAR OPEN SESSION
CALL TO ORDER
MINUTES: Mayor Amezcua reconvened the City Council Meeting to order at 5:59 P.M.
ATTENDANCE Councilmembers
Mayor Pro Tem
Mayor
Phil Bacerra
Johnathan Ryan Hernandez
Jessie Lopez
Thai Viet Phan
Benjamin Vazquez
David Penaloza
Valeria 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, Phan, and Vazquez, Mayor Pro Tem Penaloza, and Mayor Amezcua were present.
Mayor Amezcua requested a Moment of Silence recognizing September 11th and all the lives that were lost on that day.
PLEDGE OF ALLEGIANCE Mayor Pro Tem David Penaloza
WORDS OF INSPIRATION Pastor Jeff Schlieder, Cross of Grace Santa Ana ADDITIONS\DELETIONS TO THE AGENDA
MINUTES: City Clerk Jennifer L. Hall announced the removal of Agenda Item Nos. 25 and 27 from Council consideration.
CEREMONIAL PRESENTATIONS
1. Certificates of Recognition presented by Councilmember Phan and Councilmember Vazquez to Sabil USA for Outstanding Contributions to the Community
CITY COUNCIL 4 SEPTEMBER 15, 2026
MINUTES: Councilmembers Phan, Vazquez, and Lopez presented certificates of recognition to Dr. Sumar Azeez and Sahar Aziz for Outstanding Contributions to the Community.
CLOSED SESSION REPORT – The CityAttorney will report on any action(s)from Closed Session.
MINUTES: City Attorney Sonia Carvalho reported on Closed Session Agenda Item No. 1, Potential Initiation of Litigation in relation to a project in disposition and development agreement affecting property located at 201 West Third Street, by a vote of 6-0, with Councilmember Phan abstaining, Council authorized the filing of a lawsuit against Caribou Industries and Partners Capital Solutions, a Real Estate Investment Trust.
PUBLIC COMMENTS – Public comments will be held during the beginning of the meeting for ALL comments on agenda and nonagenda items.
MINUTES: City Clerk Jennifer L. Hall reported out the summary of email comments received: one (1) Agenda Item No. 13, one (1) Agenda Item No. 16, one (1) Agenda Item No. 17, one (1) Agenda Item No. 21, one (1) Agenda Item No. 27, three (3) Agenda Item No. 32, and forty-four (44) non-agenda comments.
The following speakers addressed City Council in-person:
1. Andrew Gonzales, LA/OC Building Trades, spoke in support of setting standards to allow data centers related to Item 32.
2. Thomas Drennan, IUOE Local 12, spoke in support of setting standards to allow data centers related to Item 32.
3. Daniel Osborne, Local 433, spoke in support of setting standards to allow data centers related to Item 32.
4. Rick Sanchez, Local 416, spoke in support of setting standards to allow data centers related to Item 32.
5. Roland Gutierrez, Local 709, spoke in support of setting standards to allow data centers related to Item 32.
6. Doug Mangione, IBEW, spoke in support of setting standards to allow data centers related to Item 32.
7. Sue Palik voiced concerns related to the Democratic Socialists of America.
8. Nina Jirik asked for an update related to Washington Square Park.
9. Pat Lenahan spoke in support of the development of a park in Washington Square.
CITY COUNCIL 5 SEPTEMBER 15, 2026
10.Yezenia Marrujo (translation: Spanish) expressed concern regarding the comprehensive zoning code and the lack of participation and community engagement.
11.James Adams, researcher at EcoGovLab, University of California Irvine, expressed concerns regarding comprehensive zoning code updates.
12.Isidra Espiritu (translation: Spanish) expressed concern regarding the comprehensive zoning code and the lack of participation and community engagement.
13.Jeff Dolle spoke in support of the City introducing a native plant ordinance.
14.Kevin Reyes requested the City look into opening an indoor roller-skating rink.
15.Manuel Pineda voiced safety concerns in the City.
No remote speakers.
RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 2 through 23 and waive reading of all resolutions and ordinances.
MINUTES: At 6:56 P.M., the Consent Calendar was considered.
Councilmember Phan recused herself from Agenda Item Nos. 14, 15, and 21 as the listed entities are clients of her employer, Rutan and Tucker.
Councilmember Lopez pulled Agenda Item No. 19 for separate discussion and consideration.
MOTION: Councilmember Hernandez moved to approve Consent Calendar Item Nos. 2 through 23 with the exception of Agenda Item No. 19 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 PHAN, COUNCILMEMBER VAZQUEZ,
MAYOR PRO TEM PENALOZA, MAYOR AMEZCUA
NONE
NONE
NONE
Status: 7 – 0 – Pass
CONSENT CALENDAR
CITY COUNCIL 6 SEPTEMBER 15, 2026
2. Excused Absences
Department(s): City Clerk’s Office
Recommended Action: Excuse the absent members.
3. Minutes from the Regular Meeting of August 4, 2026
Department(s): City Clerk’s Office
Recommended Action: Approve minutes.
4. Minutes from the Regular Meetings of the Arts and Culture Commission on January 15, 2026, February 19, 2026, March 19, 2026, April 16, 2026, May 21, 2026, and June 18, 2026; Regular Meetings of the Environmental and Transportation Advisory Commission on March 10, 2026, April 14, 2026, and May 12, 2026; Regular and Special Meetings of the Historic Resources Commission on March 6, 2025, June 4, 2025, July 9, 2025, September 23, 2025, November 6, 2025, January 29, 2026, March 5, 2026, May 7, 2026 and June 30, 2026; Regular Meeting of the Measure X Citizen Oversight Committee on September 10, 2025; Regular and Special Meetings of the Planning Commission on April 27, 2026, May 11, 2026, May 28, 2026, June 8, 2026, June 22, 2026, July 13, 2026, and July 27, 2026; Regular Meetings of the Parks, Recreation, and Community Services Commission on April 23, 2026 and May 28, 2026; and the Regular Meetings of the Youth Commission on April 20, 2026 and May 18, 2026
Department(s): City Clerk’s Office
Recommended Action: Receive and file.
5. Boards and Commission Biannual Attendance Report for January Through June 2026
Department(s): City Clerk’s Office
Recommended Action:
1. Receive and file Boards and Commissions Biannual Attendance report.
2. Provide direction to staff, if/as needed.
6. 2026 Local Agency Biennial Notice Regarding Conflict of Interest Code Department(s): City Clerk’s Office
Recommended Action: Receive and file the Fair Political Practices Commission 2026 Local Agency Biennial Notice advising that the City's Conflict of Interest Code is currently under review.
CITY COUNCIL 7 SEPTEMBER 15, 2026
7. Receive and File Quarterly Report of Investments as of June 30, 2026 Department(s): Finance and Management Services
Recommended Action: Receive and file.
8. Receive and File the Orange County Grand Jury's Investigative Report Titled “PFAS and Public Awareness: A Closer Look at Orange County Drinking Water,” Approve the Proposed City’s Response, and Authorize the City Manager to Submit the City’s Response to the Presiding Judge of the Orange County Superior Court
Department(s): Public Works Agency
Recommended Action:
1. Receive and file the Orange County Grand Jury's report titled “PFAS and Public Awareness: A Closer Look at Orange County Drinking Water;” and
2. Approve the City's response to Findings F2, F4, F6, and F8 and Recommendations R2, R4, and R5; and
3. Authorize the City Manager to submit the response to the Presiding Judge of the Orange County Superior Court in accordance with California Penal Code Sections 933 and 933.05.
9. Appropriation Adjustment for Spendable Fund Balance from California State Library Building Forward Grant Interest Revenues for Main Library and Newhope Library Projects (Project Nos. 22-1380 and 22-1802) (Non-General Fund)
Department(s): Library
Recommended Action: Approve an appropriation adjustment recognizing $297,104 in spendable fund balance from California State Library Building Forward Grant Interest for Main Library and Newhope Library Projects in the Public Library Grant, Prior Year Carryforward revenue account and appropriate the funds into the Building Forward Library Grant, Buildings & Building Improvements expenditure account to fund construction expenses. (Requires five affirmative votes)
10.Approve the Park Host Agreement, Volunteer Acknowledgement, Indemnity Agreement, and Release of Liability for Thornton Park Host Department(s): Parks, Recreation and Community Services Recommended Action: Approve the Park Host Agreement and related agreements with Katie Rivero for the Park Host Program (Agreement No. 2026- 125).
CITY COUNCIL 8 SEPTEMBER 15, 2026
11.Second Amendment to Agreement with California Forensic Medical Group, Inc. and Wellpath (General Fund)
Department(s): Police Department
Recommended Action: Authorize the City Manager to execute the second amendment to the agreement with California Forensic Medical Group, Inc. and Wellpath to continue providing health care services to inmates and arrestees housed at the Santa Ana Jail and exercise the second one-year renewal option to extend the term through September 30, 2027 in an annual amount of $3,664,243, for a total aggregate amount not to exceed $17,507,799 (Agreement No. A-2026- 126).
12.Agreement and Appropriation Adjustment Accepting $768,000 from the State of California, Department of California Highway Patrol, Cannabis Tax Fund Grant Program (Non-General Fund)
Department(s): Police Department
Recommended Action:
1. Authorize the City Manager to execute an agreement with the State of California, Department of California Highway Patrol for the Cannabis Tax Fund Grant Program for education, prevention, and enforcement of laws related to driving under the influence of alcohol and other drugs, including cannabis and cannabis products, for a one-year period beginning July 1, 2026 through June 30, 2027 in an amount not to exceed $768,000 (Agreement No. 2026-127).
2. Approve an appropriation adjustment accepting $768,000 in the California Highway Patrol, State Grant-Indirect revenue account (no. 12814002-52025) and appropriate same to the Cannabis Tax Fund Grant Program, Salaries Overtime expenditure account (no. 12814418-61040). (Requires five affirmative votes)
13.Award of a Construction Contract to Legion Contractors, Inc. for the Memory Lane and Flower Street Improvements Project (No. 23-6037) (General Fund & Non-General Fund)
Department(s): Public Works Agency
Recommended Action:
1. Approve an appropriation adjustment recognizing $4,550,000 in the Active Transportation Program, State Grant-Direct (14817002-52025) revenue account and appropriate the same amount into the Active Transportation Program, Improvements Other than Building (14817613-66220) expenditure account. (Requires five affirmative votes)
CITY COUNCIL 9 SEPTEMBER 15, 2026
2. Approve an amendment to the Fiscal Year 2026-2027 Capital Improvement Program to include an additional $4,550,000 in construction funds for the Memory Lane and Flower Street Improvements Project (No. 23-6037).
3. Approve the Project Cost Analysis for a total estimated construction delivery cost of $6,008,510, which includes $4,806,808 for the construction contract, $721,021 for contract administration, inspection, and testing, and $480,681 for unanticipated or unforeseen work.
4. Award a construction contract to Legion Contractors, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $4,806,808, subject to change orders, for construction of the Memory Lane and Flower Street Improvements Project (No. 23-6037), for a term beginning September 15, 2026 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. 2023-118 will be filed for Project No. 23-6037.
14.First Amendment to the Agreement with AAA Oil, Inc. for Fuel Delivery and Supply Services (Non-General Fund)
Department(s): Public Works Agency
Recommended Action:
1. Authorize the City Manager to execute a First Amendment to the agreement with AAA Oil, Inc., for an additional amount of $900,000 to support fuel delivery and supply services for the total contracted amount not to exceed $7,400,000 for the remaining term expiring December 19, 2027 (Agreement No. A-2026- 128).
2. Approve an appropriation adjustment recognizing $450,000 in the City Yard Operations, Gas & Diesel Dept Charge Back revenue account (No. 0851700256001) and appropriate the same amount into the City Yard Operations, Gas & Diesel expenditure account (No. 08517138-63300). (Requires five affirmative votes).
MOTION: Councilmember Hernandez moved to approve the recommended action for Agenda Item No. 14 as part of the Consent Calendar, seconded by Councilmember Bacerra.
CITY COUNCIL 10 SEPTEMBER 15, 2026
The motion carried, 6-0-1-0, by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER BACERRA, COUNCILMEMBER
HERNANDEZ, COUNCILMEMBER LOPEZ,
COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM
PENALOZA, MAYOR AMEZCUA
NONE
COUNCILMEMBER PHAN (recusal)
NONE
Status: 6 – 0- 1 - 0– Pass
15.Cooperative Agreement with the Cities of Costa Mesa and Newport Beach for the Bristol Street Corridor Regional Traffic Signal Synchronization Project and Agreement with Iteris, Inc. for the Design and Build of the Bristol Street Corridor Regional Traffic Signal Synchronization Project (Project No. 26- 6721) (Non-General Fund)
Department(s): Public Works Agency
Recommended Action:
1. Approve an appropriation adjustment recognizing $394,118 in matching funding from Cities of Costa Mesa and Newport Beach, into the Select Street Construction, Expense Reimbursement revenue account and appropriate the same amount into the Select Street Construction, Improvements Other Than Building expenditure account. (Requires five affirmative votes)
2. Approve an amendment to the Fiscal Year 2026-27 Capital Improvement Program to include expense reimbursement funding in the amount of $394,118 for the Bristol Street Corridor Regional Traffic Signal Synchronization Project (Project No. 26-6721).
3. Approve the Project Cost Analysis for a total estimated delivery cost of $4,218,657, which includes $4,178,657 for the design and build contract and $40,000 for in-kind staff support.
4. Authorize the City Manager to execute a Cooperative Agreement with the Cities of Costa Mesa and Newport Beach, which identifies each city’s roles and responsibilities to implement the Bristol Street Corridor Regional Traffic Signal Synchronization Project, for a term beginning upon full approval of the agreement by all parties and effective until December 31, 2031, with an option for extension (Agreement No. A-2026-129).
5. Award and authorize the City Manager to execute an agreement with Iteris, Inc. to design and build the Bristol Street Corridor Regional Traffic Signal Synchronization Project for an amount not to exceed $4,178,657, for a term beginning September 15, 2026 and ending September 15, 2029, with provisions for two one-year extensions (Agreement No. A-2026-130).
CITY COUNCIL 11 SEPTEMBER 15, 2026
6. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER-2026-46 will be filed for Project No. 26-6721.
MOTION: Councilmember Hernandez moved to approve the recommended action for Agenda Item No. 15 as part of the Consent Calendar, seconded by Councilmember Bacerra.
The motion carried, 6-0-1-0, by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER BACERRA, COUNCILMEMBER
HERNANDEZ, COUNCILMEMBER LOPEZ,
COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM
PENALOZA, MAYOR AMEZCUA
NONE
COUNCILMEMBER PHAN (recusal)
NONE
Status: 6 – 0- 1 - 0– Pass
16.Agreement with KTU&A for Safe Routes to Parks and Wheelchair Assessment Plan (Project No. 26-6100) (Specification No. 26-028A) (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action:
1. Approve an appropriation adjustment to recognize $83,486 of prior-year fund balance in the Measure M-Street Construction, Prior Year Carryforward revenue account and appropriate the same amount to the Measure M2 Local Fairshare St, Improvements Other Than Buildings expenditure account. (Requires five affirmative votes)
2. Approve an amendment to the Fiscal Year 2026-2027 Capital Improvement Program to include an additional $83,486 in Measure M2 Local Fair Share funds for the Safe Routes to Parks and Wheelchair Assessment Plan (No. 266100).
3. Authorize the City Manager to execute an agreement with KTU&A to provide Safe Routes to Parks and Wheelchair Assessment Plan in an amount of $813,854, for a term beginning September 15, 2026 and expiring March 14, 2028, with provisions for one (1) six-month extension for a total not to exceed $813,854 (Agreement No. A-2026-131).
CITY COUNCIL 12 SEPTEMBER 15, 2026
17.Agreement with Gensler, Inc. for Architectural Design Services for the Santa Ana Regional Transportation Center (SARTC) Bike Center Project (Project No. 25-6912) (Non-General Fund)
Department(s): Public Works Agency
Recommended Action:
1. Approve an appropriation adjustment recognizing Transit and Intercity Rail Capital Program (TIRCP) grant funding in the amount of $2,625,000 in the Select Street Construction, State Grant-Direct revenue account and appropriate the same amount into the Select Street Construction, Improvements Other Than Building expenditure account. (Requires five affirmative votes)
2. Authorize the City Manager to execute an agreement with Gensler, Inc. to provide architectural design services for the SARTC Bike Center in an amount not-to-exceed $107,600 for a one-year term beginning September 15, 2026 and expiring September 14, 2027 with provisions for four, one-year extensions (Agreement No. A-2026-132).
18.Ground License Agreement for Wireless Telecommunications Facilities at Two Existing Cell Tower Sites at Madison Park and Riverview Park Department(s): Public Works Agency
Recommended Action:
1. Authorize the City Manager to execute a ground license agreement with CCTM1 LLC (CCTM), a Crown Castle subsidiary, for wireless telecommunication facilities on City property at Madison Park located at 1528 ½ S. Standard Avenue beginning October 1, 2026 through September 30, 2036, with provision for three, five-year extension options, for total revenue, including all extensions, in the amount of $2,106,682 (Agreement No. A-2026- 133).
2. Authorize the City Manager to execute a ground agreement with T-Mobile West Tower LLC for wireless telecommunication facilities on City property at Riverview Park located at 1817 W. 21st Street beginning October 1, 2026 through September 30, 2036, with provision for three, five-year extension options, for total revenue, including all extensions, in the amount of $2,163,571 (Agreement No. A-2026-134).
AGENDA ITEM NO. 19 PULLED FOR SEPARATE DISCUSSION AND
CONSIDERATION
CITY COUNCIL 13 SEPTEMBER 15, 2026
19.Agreement with A’s Construction to Provide Restroom and Concession Building Design-Build Services at Cabrillo Park (Project No. 27-6004) (General Fund)
Department(s): Public Works Agency
Recommended Action:
1. Authorize the City Manager to execute an agreement with Bruce Anderson Enterprises, Inc. DBA A’s Construction to design and build the Cabrillo Park Restroom and Concession Building Improvement Project for an amount not to exceed $650,000, for a term beginning September 15, 2026 and expiring December 31, 2027, with the option for one, one-year extension (Agreement No. A-2026-135).
2. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER 2026-53 will be filed for Project No. 27-6004.
MINUTES: Councilmember Lopez spoke in support of the item and requested to amend the agreement to include an RFP to request a local artist address the blank wall with an element of public art.
MOTION: Councilmember Lopez moved to approve the recommended action for Agenda Item No. 19, as amended to include a local artist to address the currently blank white wall, seconded by Councilmember Hernandez.
The motion carried, 7-0, by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER BACERRA, COUNCILMEMBER
HERNANDEZ, COUNCILMEMBER LOPEZ,
COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ,
MAYOR PRO TEM PENALOZA, MAYOR AMEZCUA
NONE
NONE
NONE
Status: 7 – 0– Pass
20.Resolution to Accept Grant from the California Governor’s Office of Emergency Services for Water System Cybersecurity Upgrades and Designate the City Manager as the City’s Authorized Agent to Execute the Grant Agreement (Non-General Fund)
Department(s): Public Works Agency
CITY COUNCIL 14 SEPTEMBER 15, 2026
Recommended Action: Adopt a resolution accepting grant funds from the California Governor’s Office of Emergency Services for Water System Cybersecurity Upgrades in the amount of $250,000 and designate the City Manager as the City’s Authorized Agent for the purposes of executing the grant agreement (Agreement No. 2026-136).
RESOLUTION NO. 2026-041 entitled RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SANTA ANA APPROVING THE GRANT OF FUNDS FROM THE GOVERNOR’S OFFICE OF EMERGENCY SERVICES (Cal OES) TO ACCEPT AN AWARD FOR THE FISCAL YEAR 2024 STATE AND LOCAL CYBERSECURITY GRANT – LOCAL AND TRIBAL (SL) PROGRAM
21.Density Bonus Agreement No. 2026-01 – Think Together Mixed-Use Development (2101 East Fourth Street)
Department(s): Planning and Building Agency
Recommended Action:
1. Adopt a resolution approving Density Bonus Agreement No. 2026-01; and RESOLUTION NO. 2026-042 entitled A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA APPROVING DENSITY BONUS AGREEMENT NO. 2026-01 TO ALLOW DEVELOPMENT OF A 274-UNIT
MIXED-USE RESIDENTIAL DEVELOPMENT, INCLUDING FOURTEEN
UNITS PROPOSED AS AFFORDABLE TO EXTREMELY LOW-INCOME
HOUSEHOLDS, AND APPROXIMATELY 20,714 SQUARE FEET OF
GROUND-FLOOR COMMERCIAL SPACE FOR THE PROPERTY LOCATED
AT 2101 EAST FOURTH STREET (APN: 400-041-03)
2. Authorize the City Manager to execute a Density Bonus Agreement with Think Together, a California nonprofit corporation, for a 55-year covenant term, for a mixed-use residential development consisting of 274 residential units, including fourteen (14) units designated as affordable to extremely low-income households, and approximately 20,714 square feet of ground-floor commercial space at 2101 East Fourth Street (Agreement No. A-2026-137); and
3. Determine that, pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the recommended action is exempt from further environmental review under CEQA Guidelines Section 15168 (Program EIR).
MOTION: Councilmember Hernandez moved to approve the recommended action for Agenda Item No. 21 as part of the Consent Calendar, seconded by Councilmember Bacerra.
CITY COUNCIL 15 SEPTEMBER 15, 2026
The motion carried, 6-0-1-0, by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER BACERRA, COUNCILMEMBER
HERNANDEZ, COUNCILMEMBER LOPEZ,
COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM
PENALOZA, MAYOR AMEZCUA
NONE
COUNCILMEMBER PHAN (recusal)
NONE
Status: 6 – 0- 1 - 0– Pass
22.Authorize the Planning Division to Prepare and Provide the Airport Land Use Commission (ALUC) for Orange County and the State of California Department of Transportation (Caltrans) Department of Aeronautics a Notice of the Potential of the City Council to Overrule the ALUC’s Determination of Inconsistency by a Two-Thirds Vote of the Governing Body for the Comprehensive Zoning Code Update and General Plan Land Use Map Cleanup in Accordance with Public Utilities Code Section 21676(b) Department(s): Planning and Building Agency
Recommended Action: Adopt a resolution authorizing the Planning Division to provide the ALUC for Orange County and the Caltrans Department of Aeronautics a notice of intent of the potential for the City Council to overrule the ALUC’s Determination of Inconsistency associated with the proposed citywide Comprehensive Zoning Code Update and General Plan Land Use Map Cleanup, by a two-thirds vote of the governing body, in accordance with Public Utilities Code Section 21676(b).
RESOLUTION NO. 2026-043 entitled A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA AUTHORIZING THE PLANNING AND BUILDING
AGENCY TO PROVIDE THE AIRPORT LAND USE COMMISSION OF ORANGE
COUNTY AND THE CALTRANS DIVISION OF AERONAUTICS WITH THE
PROPOSED DECISION AND FINDINGS TO OVERRULE THE ORANGE
COUNTY AIRPORT LAND USE COMMISSION’S DETERMINATION THAT THE CITY’S COMPREHENSIVE ZONING CODE UPDATE (ZONING ORDINANCE AMENDMENT NO. 2026-03, ZONE CHANGE NO. 2026-0004, AND ORDINANCE AMENDMENT NO. 2026-04) AND RELATED GENERAL PLAN AMENDMENT NO. 2026-02 ARE INCONSISTENT WITH THE AIRPORT ENVIRONS LAND USE PLAN FOR JOHN WAYNE AIRPORT AT LEAST 45 DAYS PRIOR TO THE
FUTURE PUBLIC HEARING DATE FOR THE PROPOSED OVERRULE BY THE CITY COUNCIL PURSUANT TO PUBLIC UTILITIES CODE SECTION 21676(b) CITY COUNCIL 16 SEPTEMBER 15, 2026
23.Second Reading and Adoption of Ordinance No. NS-3098 Ordinance Amendment No. 2026-01 to Amend Chapter 30 (Places of Historical and Architectural Significance) of the Santa Ana Municipal Code Relating to Modification of Historic Properties, Demolition by Neglect, Historic Property Transfer Disclosure, and Other Administrative Amendments First reading at the August 4, 2026 City Council Meeting and approved by a vote of 6-0. Published in the OC Reporter on August 21, 2026.
Department(s): Planning and Building Agency
Recommended Action:
1. Conduct a second reading of and adopt an ordinance approving Ordinance Amendment No. 2026-01 to amend portions of Chapter 30 (Places of Historical and Architectural Significance) of the Santa Ana Municipal Code relating to Modification of Historic Properties, Demolition by Neglect, Historic Property Transfer Disclosure, and other amendments of an administrative nature; and ORDINANCE NO. NS-3098 entitled ORDINANCE AMENDMENT NO. 2026-01
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING PORTIONS OF CHAPTER 30 (PLACES OF HISTORICAL AND
ARCHITECTURAL SIGNIFICANCE) OF THE SANTA ANA MUNICIPAL CODE
RELATING TO THE MODIFICATION OF HISTORIC PROPERTIES,
DEMOLITION BY NEGLECT, HISTORIC PROPERTY TRANSFER
DISCLOSURE, AND OTHER ITEMS OF AN ADMINISTRATIVE NATURE, AND
FINDING THE ACTION TO BE EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) UNDER STATE CEQA
GUIDELINES SECTION 15060(c)(2), SECTION 15060(c)(3), AND SECTION15061(b)(3), read by title only and waive further reading
2. Determine that, pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the recommended action is exempt from further review under state CEQA Guidelines Section 15060(c)(2), Section 15060(c)(3), and Section15061(b)(3).
**END OF CONSENT CALENDAR**
24.Ordinance to Extend Paid Military Leave Benefit
Department(s): City Manager’s Office
Recommended Action:
1. Adopt a Resolution to provide a continuation of partially paid temporary military leave.
BUSINESS CALENDAR
CITY COUNCIL 17 SEPTEMBER 15, 2026
RESOLUTION NO. 2026-044 entitled A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA PROVIDING FOR CONTINUATION OF
PARTIALLY PAID TEMPORARY MILITARY LEAVE OF ABSENCE FOR CITY
EMPLOYEES CALLED TO ACTIVE DUTY WITH THE ARMED FORCES AND
CONTINUATION OF BENEFITS FOR EMPLOYEES AND ELIGIBLE
DEPENDANTS
2. Introduce an Ordinance for first reading to expand partially paid leave for employees called to active military duty.
ORDINANCE NO. NS-3099 entitled AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA AMENDING ARTICLE VI (LEAVES, HOLIDAYS AND ABSENCES) OF CHAPTER 9 (CIVIL SERVICE) OF THE SANTA ANA
MUNICIPAL CODE TO EXPAND PAID LEAVE FOR EMPLOYEES CALLED TO
ACTIVE DUTY WITH RESERVE FORCES OF THE UNITED STATES OR THE
NATIONAL GUARD
MOTION: Councilmember Hernandez moved to approve the recommended action for Agenda Item No. 24, seconded by Mayor Amezcua.
The motion carried, 7-0, by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER BACERRA, COUNCILMEMBER
HERNANDEZ, COUNCILMEMBER LOPEZ,
COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ,
MAYOR PRO TEM PENALOZA, MAYOR AMEZCUA
NONE
NONE
NONE
Status: 7-0 – Pass
AGENDA ITEM NO. 25 WAS REMOVED FROM CONSIDERATION
25.Adopt an Ordinance Amending Chapter 10 of the Santa Ana Municipal Code to Add Article XV to Establish Reporting of Transport of Persons Who Lack a Fixed, Regular, and Adequate Nighttime Residence
Department(s): City Manager’s Office
Recommended Action: Introduce an Ordinance for first reading and adoption adding Article XV to Chapter 10 of the Santa Ana Municipal Code to Establish Reporting of Transport of Persons Who Lack a Fixed, Regular, and Adequate Nighttime Residence.
ORDINANCE NO. NS-XXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADDING ARTICLE XV TO CHAPTER 10 OF THE
SANTA ANA MUNICIPAL CODE REGARDING REPORTING THE TRANSPORT
OF PERSONS WHO LACK A FIXED, REGULAR, AND ADEQUATE NIGHTTIME
RESIDENCE
CITY COUNCIL 18 SEPTEMBER 15, 2026
26.Ordinance Amending Section 9-16 of the Santa Ana Municipal Code to Prohibit All City of Santa Ana Employees from Outside Employment Regarding Civil Immigration Enforcement and to Make Other Minor Revisions Department(s): Human Resources
Recommended Action: Introduce for first reading an Ordinance of the City Council of the City of Santa Ana, California Amending Section 9-16 of the Santa Ana Municipal Code to Update and Prohibit City Employees from Engaging in Outside Employment Involving Civil Immigration Enforcement, Including with or on Behalf of U.S. Federal Immigration and Customs Enforcement;
ORDINANCE NO. NS-3100 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, AMENDING SECTION 9-16 OF THE
SANTA ANA MUNICIPAL CODE TO PROHIBIT CITY EMPLOYEES FROM
ENGAGING IN SECONDARY EMPLOYMENT INVOLVING CIVIL IMMIGRATION ENFORCEMENT, INCLUDING WITH OR ON BEHALF OF U.S. FEDERAL IMMIGRATION AND CUSTOMS ENFORCEMENT.
MOTION: Councilmember Hernandez moved to approve the recommended action for Agenda Item No. 26, seconded by Mayor Amezcua.
The motion carried, 7-0, by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER BACERRA, COUNCILMEMBER
HERNANDEZ, COUNCILMEMBER LOPEZ,
COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ,
MAYOR PRO TEM PENALOZA, MAYOR AMEZCUA
NONE
NONE
NONE
Status: 7-0 – Pass
AGENDA ITEM NO. 27 WAS REMOVED FROM CONSIDERATION
27.Ordinance Amending Chapter 36 of the Santa Ana Municipal Code to Add Regulations Regarding the Operation of Electric Bicycles, Electrically Motorized Boards, Low-Speed Vehicles, and Motorized Scooters; Authorizing Safekeeping, Removal, and Impounding in Certain Circumstances and Prescribing Penalties for Violation
Department(s): Police Department
Recommended Action:
1. Conduct a first reading and adopt Ordinance Amendment No. 2026-03 amending Section 2-153 in Article II.II of Chapter 2 of the Santa Ana Municipal Code relating to public input through community meetings; and CITY COUNCIL 19 SEPTEMBER 15, 2026
ORDINANCE NO. NS-XXXX entitled ORDINANCE AMENDMENT NO. 202603 – AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 2 (ADMINISTRATION) OF THE SANTA ANA
MUNICIPAL CODE RELATING TO PUBLIC INPUT THROUGH COMMUNITY
MEETINGS TO REQUIRE ON-SITE NOTICING
2. Determine that, pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the recommended action is exempt from further review under state CEQA Guidelines Sections 15061(b)(3) and 15061(b)(5).
28.Ordinance Amendment No. 2026-03 Amending Article II.II of Chapter 2 (Administration) of the Santa Ana Municipal Code Related to Noticing, Meeting Format, and Transparency Measures for Community Meetings for Certain Development Projects
Department(s): Planning and Building Agency
Recommended Action:
1. Introduce for first reading an Ordinance Amending Chapter 36 of the Santa Ana Municipal Code to add Regulations Regarding the Operation of Electric Bicycles Electrically Motorized Boards, Low-Speed Vehicles, and Motorized Scooters; Authorizing Safekeeping, Removal, and Impounding in Certain Circumstances and Prescribing Penalties for Violation.
ORDINANCE NO. NS-3101 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 36 (TRAFFIC) OF THE
SANTA ANA MUNICIPAL CODE REGULATING THE OPERATION OF
ELECTRIC BICYCLES, MOTORIZED SCOOTERS, LOW-SPEED VEHICLES AND ELECTRICALLY MOTORIZED BOARDS; AUTHORIZING
SAFEKEEPING, REMOVAL AND IMPOUNDING IN CERTAIN
CIRCUMSTANCES, AND PRESCRIBING PENALTIES FOR VIOLATION
2. Determine that, pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the recommended action is exempt from further review under state CEQA Guidelines Section 15060(c)(2), Section 15060(c)(3), and/or Section 15061(b)(3).
MINUTES: Councilmember Bacerra requested to amend the recommended action to make the notice be printed on 11”X17” yellow poster board with text at the top that says Public Hearing Notice in the size of three and a half inches, similar to what the City of Los Angeles does.
Mayor Amezcua asked the notice also be presented in English, Spanish, and Vietnamese.
Councilmember Lopez requested that the notice also be presented in Khmer.
CITY COUNCIL 20 SEPTEMBER 15, 2026
City Attorney Sonia Carvalho stated Section 2-153(d) will be amended to state that the notices shall be on a minimum of 11”X17” yellow poster board with 3.5 inch noticing at the top of the text and to include the languages that were discussed by the Council.
The second reading of the ordinance will have that language added.
MOTION: Councilmember Bacerra moved to approve the recommended action for Agenda Item No. 28 as amended for Section 2-153(c)(3)(d) to include that the notices shall be posted on a minimum of 11”X17” yellow poster board with three-and-a-half-inch text at the top and inclusive of English, Spanish, Vietnamese, and Khmer, seconded by Councilmember Hernandez.
The motion carried, 7-0, by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER BACERRA, COUNCILMEMBER
HERNANDEZ, COUNCILMEMBER LOPEZ,
COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ,
MAYOR PRO TEM PENALOZA, MAYOR AMEZCUA
NONE
NONE
NONE
Status: 7-0 – Pass
**END OF BUSINESS CALENDAR**
MINUTES: At 7:09 P.M., the Public Hearing was considered.
29.Public Hearing - Tax Equity Fiscal Responsibility Act Hearing for 1200 Main Apartments
Legal Notice published in the OC Reporter on August 28, 2026.
Department(s): Community Development Agency
Recommended Action:
1. Conduct a Tax Equity and Financial Responsibility Act Hearing in consideration of the issuance of tax-exempt bond financing by the California Municipal Finance Authority on behalf of 1200 Main GP, LLC (the “Borrower”), for the benefit of 1200 Main Apartments to finance or refinance the acquisition, construction, improvement, and equipping of a multifamily rental housing project located at 1200 North Main Street, Santa Ana, California (the “Project”).
PUBLIC HEARINGS
CITY COUNCIL 21 SEPTEMBER 15, 2026
2. Adopt a resolution approving the issuance of revenue bonds by the California Municipal Finance Authority in an amount not to exceed $50,000,000 to finance or refinance the acquisition, construction, improvement, and equipping of a multifamily rental housing project located at 1200 North Main Street, Santa Ana, California.
RESOLUTION NO. 2026-XXX entitled A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA APPROVING THE ISSUANCE BY
THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY OF EXEMPT
FACILITY BONDS FOR 1200 MAIN APARTMENTS
MINUTES: Mayor Amezcua opened the Public Hearing at 7:10 P.M.
City Clerk Jennifer L. Hall announced there was one (1) email comment received.
The following speakers addressed City Council in-person:
1. Omar Huerta, Western States Carpenters, raised concerns regarding labor standards and worker protections for the 1200 North Main Street project. He requested labor protections, payroll transparency, and compliance monitoring as conditions of public financing and opposed Item No. 29.
2. Garret Lee, representing the 1200 Main project, supported the project, highlighting the conversion of a vacant office building into 190 affordable housing units. He addressed labor concerns, noting they remain under review, and urged approval of the tax-exempt bond financing.
Mayor Amezcua closed the Public Hearing at 7:15 P.M.
Councilmember Lopez asked how long the review of the labor concerns would take.
Garret Lee, representing the 1200 Main project, indicated that discussions with contractors are ongoing and that a follow-up meeting with the Carpenters Union is anticipated within the next two weeks.
Mayor Amezcua asked whether the parties were in communication and working to address the labor concerns.
Omar Huerta, Western States Carpenters, confirmed ongoing discussions with Garrett Lee and reiterated concerns regarding alleged labor violations on other Jamison projects. He urged the City Council to consider these concerns before approving Item No. 29.
Councilmember Bacerra expressed concerns regarding the labor allegations and the lack of clarity regarding the entity associated with the project. He suggested continuing the item to allow the applicant and Carpenters Union additional time to address the concerns.
CITY COUNCIL 22 SEPTEMBER 15, 2026
Mayor Amezcua sought clarification from staff regarding whether the project requires support from the local legislative body.
City Attorney Sonia Carvalho explained that the City serves as a pass-through entity responsible for making a public benefit finding and that approval may also be obtained from other public agencies. She acknowledged concerns regarding identifying entities behind LLCs and suggested providing additional ownership disclosures for future projects.
Mayor Amezcua expressed concerns regarding the labor allegations and emphasized the importance of protecting workers and ensuring fair treatment. She acknowledged the City’s role as a pass-through entity but noted that Council approval is still required and indicated that she would not support the item.
Councilmember Hernandez expressed concerns regarding the alleged worker exploitation and emphasized the importance of fair labor standards and union partnerships. He made a motion to continue the item for 60 days to allow the parties additional time to address the concerns.
Mayor Pro Tem Penaloza thanked the Carpenters for raising their concerns and expressed concern regarding the allegations of wage theft and cash payments. He emphasized the importance of supporting quality construction jobs and supported the motion to continue the item.
Councilmember Phan expressed support for the affordable housing project while emphasizing the need to address the labor allegations. She confirmed that Council approval is discretionary, questioned the impact of delaying the project, and requested that the item amend the motion to return in 30 days instead of 60 days to allow the parties time to address the labor concerns.
City Attorney Carvalho clarified that the Council may approve or deny the item and that approval would facilitate tax-exempt bond financing. She noted that other financing options may be available if the item is not approved.
Anthony Stubbs, California Municipal Finance Authority, indicated that a 30-day continuance would be manageable but that a 60-day delay could negatively impact the project’s financing due to State bond allocation deadlines.
Mayor Amezcua expressed support for affordable housing while emphasizing the seriousness of the labor allegations. She supported a 30-day continuance with the expectation that the applicant and Carpenters Union work to address the concerns before the item returns to Council.
Mayor Pro Tem Penaloza encouraged the applicant and Carpenters Union to meet as soon as possible to address the labor concerns before the item returns to Council in 30 days.
CITY COUNCIL 23 SEPTEMBER 15, 2026
Councilmember Lopez echoed the concerns raised by her colleagues and indicated that her questions had been addressed.
Councilmember Vazquez emphasized the importance of protecting workers from wage theft and ensuring fair labor practices. He supported the 30-day continuance to allow the parties to address the concerns and indicated that he would not support the item as currently presented.
MOTION: Councilmember Hernandez moved to continue Agenda Item No. 29 for 30-days to the October 20, 2026 City Council Meeting, seconded by Mayor Amezcua.
The motion carried, 7-0, by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER BACERRA, COUNCILMEMBER
HERNANDEZ, COUNCILMEMBER LOPEZ,
COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ,
MAYOR PRO TEM PENALOZA, MAYOR AMEZCUA
NONE
NONE
NONE
Status: 7-0 – Pass
MINUTES: At 7:33 P.M., the next Public Hearing was considered.
30.Public Hearing - Tax Equity Fiscal Responsibility Act Hearing for Garden Court Apartments
Legal Notice published in the OC Reporter on August 28, 2026.
Department(s): Community Development Agency
Recommended Action:
1. Conduct a Tax Equity and Financial Responsibility Act Hearing in consideration of the issuance of tax-exempt bond financing by the California Municipal Finance Authority for Garden Court Santa Ana LP, to finance or refinance the acquisition, rehabilitation, improvement, and equipping of the multifamily rental housing project located at 300 East Santa Ana Boulevard, Santa Ana, California.
2. Adopt a resolution approving the issuance of revenue bonds by the California Municipal Finance Authority in an amount not to exceed $45,000,000 for financing the project.
RESOLUTION NO. 2026-045 entitled A RESOLUTION OF THE CITY OF
SANTA ANA APPROVING THE ISSUANCE BY THE CALIFORNIA MUNICIPAL
FINANCE AUTHORITY OF EXEMPT FACILITY BONDS FOR GARDEN
COURT APARTMENTS
CITY COUNCIL 24 SEPTEMBER 15, 2026
MINUTES: Mayor Amezcua opened the Public Hearing at 7:34 P.M.
City Clerk Jennifer L. Hall announced there were no email comments received and no speakers.
Mayor Amezcua closed the Public Hearing at 7:35 P.M.
MOTION: Councilmember Bacerra moved to approve the recommended action for Agenda Item No. 30, seconded by Councilmember Hernandez.
The motion carried, 7-0, by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER BACERRA, COUNCILMEMBER
HERNANDEZ, COUNCILMEMBER LOPEZ,
COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ,
MAYOR PRO TEM PENALOZA, MAYOR AMEZCUA
NONE
NONE
NONE
Status: 7-0 – Pass
MINUTES: At 7:35 P.M., the next Public Hearing was considered.
31.Public Hearing - Consolidated Annual Performance and Evaluation Report for Fiscal Year 2025-26
Legal notice published in the OC Register, La Opinion, and Nguoi Viet on August 19, 2026.
Department(s): Community Development Agency
Recommended Action: Authorize submission of the Consolidated Annual Performance and Evaluation Report for Fiscal Year 2025-26 to the U.S. Department of Housing and Urban Development (HUD).
MINUTES: Mayor Amezcua opened the Public Hearing at 7:36 P.M.
City Clerk Jennifer L. Hall announced there were no email comments received and no speakers.
Mayor Amezcua closed the Public Hearing at 7:36 P.M.
MOTION: Councilmember Hernandez moved to approve the recommended action for Agenda Item No. 31, seconded by Mayor Amezcua.
CITY COUNCIL 25 SEPTEMBER 15, 2026
The motion carried, 7-0, by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER BACERRA, COUNCILMEMBER
HERNANDEZ, COUNCILMEMBER LOPEZ,
COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ,
MAYOR PRO TEM PENALOZA, MAYOR AMEZCUA
NONE
NONE
NONE
Status: 7-0 – Pass
**END OF PUBLIC HEARINGS**
32. Discuss and Consider Directing the City Manager to Direct Staff as Follows:
(1) Evaluate the Need for and Prepare a Temporary Moratorium on the Acceptance and Processing of Data Center Use Applications Within the City of Santa Ana Pursuant to Government Code Section 65858 to Allow Time to Study Appropriate Long-Term Regulatory Standards; and
(2) Report Back to the City Council on the Number, Location, and Permitting and Approval History of Existing Data Center Facilities Currently Operating within City Limits and Whether the City has Received any Pending Applications for New Data Center Development - Councilmember Jessie Lopez
MINUTES: Councilmember Lopez discussed community concerns regarding data centers and the proposed Zoning Code Update. She requested clarification on the number of existing data centers, proposed zoning regulations, impacts on existing facilities and future upgrades, and potential water-use concerns. She thanked staff and the Planning Commission for their work and requested that these issues be addressed as part of the Zoning Code Update discussion.
Councilmember Bacerra questioned the need for a proposed 45-day moratorium on data centers and asked staff about existing facilities, available sites, pending applications, and the current permitting process. He noted that the Zoning Code Update was expected to return to Council on October 6 and indicated that he would not support the item, preferring to address data centers through the upcoming Zoning Code Update.
Planning and Building Executive Director Ali Pezeshkpour confirmed that the City has three existing data centers, none exceeding 100,000 square feet, and no pending applications for new data centers. He explained that new data centers are subject to zoning and location requirements, a conditional use permit, and Planning Commission review, and indicated that completing the process within 45 days would be highly unlikely.
COUNCILMEMBER REQUESTED ITEMS
CITY COUNCIL 26 SEPTEMBER 15, 2026
City Attorney Sonia Carvalho clarified that a moratorium does not require a pending application but would require findings demonstrating a need to protect the City’s land-use interests while regulations are being studied. She indicated that additional information would be necessary to determine whether the required findings could be made.
City Manager Alvaro Nuñez confirmed that the comprehensive Zoning Code Update, including industrial land-use regulations, was anticipated to return to the City Council in October.
Councilmember Hernandez expressed support for bringing the item back for further consideration.
Councilmember Vazquez supported the item as a precautionary moratorium, noting it could be extended to 115 days if additional time is needed.
Mayor Pro Tem Penaloza supported the item and further study, citing concerns about data centers’ water use and impacts on the electrical grid. He suggested considering stronger regulations, including a potential ban, and requested clear definitions as part of the zoning code update.
Mayor Amezcua asked about the water usage of the City’s three existing data centers and whether they have affected water costs. She emphasized that the City has not increased water rates and sought clarification regarding statements about rising water costs.
Public Works Acting Executive Director Rudy Rosas stated that the existing data centers have likely operated in the City for some time, have relatively low water usage, and have not directly impacted the City’s water system or costs. He confirmed that water rates have not increased for approximately three years.
Councilmember Phan did not support the item as written, citing the lack of a clear definition of data centers and insufficient information to warrant a temporary moratorium. She preferred that staff address the issue through the upcoming zoning code update and consider appropriate conditions or limitations rather than an outright ban, while taking into account infrastructure needs and economic development.
Councilmember Lopez noted that she was raising concerns expressed by constituents regarding changes in their monthly bills, agreed that a clear definition of data centers is needed, and explained that a definition was intentionally not included due to the broad nature of the use. She noted that the Planning Commission had already voted 6-1 on the matter and anticipated further discussion when the item returns to the City Council, including consideration of staff recommendations and community input.
CITY COUNCIL 27 SEPTEMBER 15, 2026
City Attorney Carvalho clarified that the Council was providing direction on whether and how to bring the item back. She explained that a moratorium under Government Code Section 65858 requires a four-fifths vote, or six of seven Councilmembers, and advised the Council to consider whether that level of support existed before directing staff to proceed with the additional work.
Mayor Pro Tem Penaloza requested that staff provide information on water rate changes over the past ten years as part of the upcoming discussion to clarify any increases residents may have experienced and how they may relate to the broader conversation.
Councilmember Phan clarified that residents receive a utility bill that includes multiple charges, including water, sanitation, sewer, and other fees, and noted that changes in the total bill may be attributable to charges other than the City’s water rates.
CITY MANAGER COMMENTS
MINUTES: None
COUNCIL COMMENTS
AB1234 DISCLOSURE – If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended.
MINUTES: Councilmember Lopez thanked the community for coming to Fiestas Patrias over the weekend. She reflected on the September 11 attacks and their impact on her family, recognized National Voter Registration Day, and encouraged civic participation. She also thanked Public Works and the City Manager’s Office for extending splash pad hours in response to community requests.
Councilmember Vazquez dedicated the meeting in memory of his friend Scott Sink, a longtime teacher, community organizer, and advocate for workers’ rights, the arts, the environment, and social causes. He recognized Sink’s community involvement and contributions to Santa Ana and expressed gratitude for his friendship and lasting impact.
Councilmember Phan thanked staff for the Chicano Heritage Festival and Fiestas Patrias and highlighted recent community events, including the Palomino Elementary ribbon cutting and Goodwill’s electric vehicle equipment program graduation. She also announced an upcoming food distribution, the Santa Anita Neighborhood Association mural unveiling, and a Cristo Rey Orange County High School ribbon cutting.
Councilmember Bacerra thanked staff for organizing Fiestas Patrias and announced his upcoming community office hours at Segerstrom Triangle Park. He also shared an update regarding the anticipated opening of Sprouts in Ward 4, with staff indicating an expected opening date of October 23.
CITY COUNCIL 28 SEPTEMBER 15, 2026
Mayor Pro Tem Penaloza confirmed the Memorial Park grand opening for October 24 and thanked City staff for their work on Fiestas Patrias. He reflected on attending his final Fiestas Patrias as a Councilmember and recognized Santa Ana native Legado Siete. He also announced the birth of his niece and recognized his wedding anniversary.
Councilmember Hernandez thanked residents and City staff and recognized the independence celebrations of Mexico and several Central American countries. He highlighted Fiestas Patrias, recognized the late Santa Ana artist Vicki Tafoya and her community mural, requested an update on the Washington Square neighborhood park, and announced the Santa Anita mural unveiling. He also noted the anticipated reopening of the Santa Ana Library and closed in memory of community member Scott Sink.
Mayor Amezcua thanked City staff and the community for their work and participation in Fiestas Patrias and other recent community events. She announced the Memorial Park ribbon cutting and an upcoming Coffee with the Mayor event. She also reminded the Council that concerns involving City employees should be directed through the City Manager and emphasized treating staff with respect and professionalism. She closed by recognizing Mexican Independence Day and celebrating Santa Ana’s diverse Latino heritage and community.
ADJOURNMENT – Adjourn the City Council meeting.
MINUTES: Mayor Amezcua adjourned the City Council Meeting in memory of Scott “Keltic Knot” Sink at 8:28 P.M.
Respectfully submitted:
__________________________
Jennifer L. Hall, CMC
City Clerk