Meeting

City Council and Special Housing Authority Meeting Agenda (revised 07/11/2024)
July 16, 2024
CLOSED SESSION MEETING – 3:00 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 Mayor Pro Tem – Ward 1		Benjamin Vazquez Councilmember - 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: 714-647-6900 Agenda item inquiries: 714-647-6520
Sonia R. Carvalho City Attorney	Alvaro Nunez Acting 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) 647-5624. 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.santa-ana.org/agendas-and-minutes

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 • 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 in-person 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 M-30, Santa Ana, CA 92701. All written communications received via mail by 4:00 p.m. on the day 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 E-MAIL OPTION – Public comments may be sent via email to the City Clerk’s office at [email protected]. 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, iii) public hearing item, iv) special agenda item, or v) for Housing Authority 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.
IN-PERSON OPTION - Members of the public can provide in-person comments at the podium in the Council Chamber. The Council Chamber will have seating available for members of the public to attend the meeting in-person. 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 3:00 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 IN-PERSON PUBLIC COMMENTS OPTION above. Speaker queue will open at 2:30 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL and raise your hand BY 3:00 p.m. Speakers who are not in the speaker queue with their hand raised by 3:00 p.m. will not be permitted to speak.

2. LIVE PUBLIC COMMENTS ON REGULAR AGENDA ITEMS AND NON-AGENDA ITEMS (GENERAL PUBLIC COMMENT) – You can provide comments by joining Zoom or the Conference Call as described in the LIVE or IN-PERSON PUBLIC COMMENTS OPTION above. Speaker queue will open at 2:30 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 IN-PERSON PUBLIC COMMENTS OPTION above. Speakers not in the queue by 5:45 p.m. will not be permitted to speak.

4. LIVE PUBLIC COMMENTS ON HOUSING AUTHORITY ITEMS – You can provide comments by joining Zoom or the Conference Call as described in the LIVE or IN-PERSON 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 (Spanish-to-English) 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
		Benjamin Vazquez
	Mayor Pro Tem	Thai Viet Phan
	Mayor	Valerie Amezcua
	Acting 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:

CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code:
A. Vicente Gonzalez v. City of Santa Ana, Orange County Superior Court, Case No. 30-2022-01240688-CU-PO-WJC
B. Rita Ramirez v. City of Santa Ana, Orange County Superior Court, Case No. 30-2022-01287702-CU-OE-NJC
C. Santa Ana Short Term Rental Alliance v. City of Santa Ana, Orange County Superior Court, Case No. 30-2024-014084861-CU-WM-WJC
D. In re: National Prescription Opiate Litigation, United States District Court (N.D. Ohio), Case No. 1:17-md-2804

2.	PUBLIC EMPLOYEE EMPLOYMENT/APPOINTMENT pursuant to Section 54957(b)(1) of the Government Code: Title: City Manager

3.	CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a): Agency Designated Representative: Jacob Green, Greg Devereaux Unrepresented Employee: City Manager

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
		Benjamin Vazquez
	Mayor Pro Tem	Thai Viet Phan
	Mayor	Valerie Amezcua
	Acting City Manager	Alvaro Nuñez
	City Attorney	Sonia R. Carvalho
	City Clerk	Jennifer L. Hall

ROLL CALL

PLEDGE OF ALLEGIANCE

Mayor Amezcua

WORDS OF INSPIRATION

Pastor Greg Marquez, Immaculate Heart of Mary Catholic Church

ADDITIONS\DELETIONS TO THE AGENDA

CEREMONIAL PRESENTATIONS

1.	Certificate of Recognition presented by Mayor Amezcua to Arturo Alvarez distinguished military service and exemplary contributions to the nonprofit organization U.S. Vets, Patriotic Hall

2.	Proclamation presented by Councilmember Bacerra to the Orange County Goodwill in Recognition of their 100th Anniversary

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 non-agenda items, with the exception of public hearings. Comments for public hearings will take place after the hearing is opened. Correspondence - Non-Agenda

CONSENT CALENDAR

Recommended Action: Approve staff recommendations on the following Consent Calendar Items: 3 through 25 and waive reading of all resolutions and ordinances.

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

Minutes from the Regular Meeting of June 18, 2024

Department(s): City Clerk’s Office

Recommended Action: Approve minutes.

Appoint Joshua Jogwe Nominated by Mayor Pro Tem Phan as the Ward 1 Representative to the Parks and Recreation Commission for a Partial Term Expiring December 10, 2024

Department(s): City Clerk’s Office

Recommended Action: Appoint Joshua Jogwe to the Parks and Recreation Commission as the Ward 1 representative and administer Oath of Office. (Pursuant to SAMC Sec. 2-326(a), requires five affirmative votes)

Appoint Cat Pham Nominated by Mayor Pro Tem Phan as the Ward 1 Representative to the Youth Commission for a Partial Term Expiring December 10, 2024

Department(s): City Clerk’s Office

Recommended Action: Appoint Cat Pham to the Youth Commission as the Ward 1 representative and administer Oath of Office.

Approve Destruction of Obsolete City Records

Department(s): Police Department and Library

Recommended Action: Approve the request for the destruction of obsolete records from the Police Department, Jail Bureau and the Library in accordance with the retention schedule outlined in City Council Resolution 2013-014.

Amendment to Agreement with Inland Moving & Storage Co., Inc. dba Burgess Moving & Storage for the Main Library and Newhope Library Projects (General Fund)

Department(s): Library

Recommended Action: Authorize the City Manager to execute an amendment to an agreement with Inland Moving & Storage, Co., Inc. dba Burgess Moving & Storage for additional moving and storage services for Main and Newhope Libraries, increasing compensation by $121,389, for a total amount not to exceed $345,313, and extending the term to December 31, 2026, with a provision for a one-year extension (Agreement No. A-2024-XXX).

Amendments to an Agreement with Java Connections, LLC dba LaptopsAnytime for the Purchase and Installation of a New Laptop Dispenser Kiosk at the Future Delhi Library Branch, along with Hardware Support and Software Licensing for the Delhi Kiosk and Existing Newhope Library Kiosk (General Fund)

Department(s): Library

Recommended Action: Authorize the City Manager to execute two amendments to an agreement with Java Connections, LLC, dba LaptopsAnytime for the purchase and installation of a laptop dispenser kiosk at the future Delhi Branch Library, hardware support, and software licensing through September 30, 2026 for the Delhi and Newhope kiosks, increasing compensation by $48,924.39, for a total not-to-exceed amount of $76,548.25 (Agreement No. A-2024-XXX and A-2024-XXX).

10.

Aggregate Agreements for Court Reporting and Transcription Services with Kennedy Court Reporters, Inc. and Regal Court Reporting, Inc. in an Aggregate Amount Not to Exceed $250,000 (Specification No. 24-034) (General Fund)

Department(s): Human Resources

Recommended Action: Authorize the City Manager to execute aggregate agreements with Kennedy Court Reporters, Inc. and Regal Court Reporting, Inc. to provide court reporting and transcription services for a three-year term beginning July 16, 2024 and ending July 15, 2027, with provisions for two, one-year extensions, in an amount not to exceed $250,000 (Core Agreement No. A-2024-XXX).

11.

Agreement with MDG Associates, Inc. for the Preparation of the Fiscal Year 2025-29 Regional Assessment of Fair Housing and Memorandum of Understanding with Surrounding Jurisdictions

Department(s): Community Development Agency

Recommended Action:

Authorize the City Manager to execute an Agreement with MDG Associates, Inc. to prepare the Fiscal Year 2025-29 Regional Assessment of Fair Housing (AFH), whereby the City will act as the lead for the Regional AFH, in an amount not to exceed $159,882 for a one-year term beginning August 1, 2024 and expiring July 30, 2025 (Agreement No. A-2024-XXX).

Authorize the City Manager to execute a Memorandum of Understanding and Payment Agreement with all of the surrounding jurisdictions in Orange County to jointly engage MDG Associates, Inc. to provide a Regional AFH, and authorize the City Attorney to reasonably revise or amend the Memorandum of Understanding as needed in order to collect payment, substantially in the form attached hereto, with all of the surrounding jurisdictions participating in the Regional AFH (Agreement No. A-2024-XXX).

12.

Conditional Grant Agreement for $2,200,000 and a Density Bonus Agreement with Habitat for Humanity of Orange County for the Development of Six Affordable Ownership Units Located at 1921 W Washington Avenue, Santa Ana, CA 92706 (Non-General Fund)

Department(s): Community Development Agency

Recommended Action:

1. Authorize the City Manager to execute a Conditional Grant Agreement with Habitat for Humanity of Orange County for $2,200,000 in Inclusionary Housing Funds for the development of six affordable ownership units located at 1921 W Washington Avenue, Santa Ana, CA 92706 (APN 405-101-37) (Agreement No. A-2024-XXX).

2. Approve an appropriation adjustment recognizing $2,200,000 in prior-year fund balance in the Inclusionary Housing Fund and appropriate the same into the Loans and Grants expenditure account (no. 41718820-69152). (Requires five affirmative votes)

3. Authorize the City Manager to execute a Density Bonus Agreement with Habitat for Humanity of Orange County for a 45-year term for the development of six affordable ownership units located at 1921 W Washington Avenue, Santa Ana, CA 92706 (APN 405-101-37) (Agreement No. A-2024-XXX).

4. Adopt a resolution approving Density Bonus Agreement No. 2024-01 as conditioned.

RESOLUTION NO. 2024-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING DENSITY BONUS AGREEMENT APPLICATION NO. 2024-01 AS CONDITIONED FOR A NEW FOR-SALE RESIDENTIAL DEVELOPMENT WITH SIX UNITS FOR THE PROPERTY LOCATED AT 1921 W WASHINGTON AVENUE (APN: 405-101-37) [includes determination that the recommended action is exempt from further review in accordance with the California Environmental Quality Act under Section 15195 (Residential Infill Exemption), as this project meets all the threshold criteria set forth in Section 15192 (Threshold Requirements for Exemption)]

13.

Receive and File the Notification by the City Engineer of the Final Tract Map No. 2017-04, County Tract Map No. 17976 at 3025 West Edinger Avenue (Applicant: Haphan Group, Inc., a California Corporation)

Department(s): Public Works Agency

Recommended Action: Receive and file the notification.

14.

Construction Contract to Loengreen, Inc. for the Council Chambers ADA Restroom and Translation Booth Remodel Project (Project No. 22-0504) (Non-General Fund)

Department(s): Public Works Agency

Recommended Action: 1. Approve an appropriation adjustment recognizing $554,472 of prior-year fund balance in the CATV Fund, Prior Year Carry Forward revenue account and appropriate the same amount to the CATV Fund, Buildings & Building Improvements expenditure account. (Requires five affirmative votes)

2. Approve an appropriation adjustment recognizing $554,472 of prior-year fund balance in the Liability and Property Insurance Fund, Prior Year Carry Forward revenue account and appropriate the same amount to the Risk Management Projects, Buildings & Building Improvements expenditure account. (Requires five affirmative votes)

3. Award construction contract to Loengreen, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $821,440 for construction of the Council Chambers ADA Restroom and Translation Booth Remodel Project, for the term beginning July 16, 2024 and ending upon project completion, and authorize the City Manager to execute the contract.

4. Approve the Project Cost Analysis for a total estimated construction delivery cost of $1,108,994 which includes $821,440 for the construction contract, $123,216 for contract administration, inspection, and testing, and a $164,288 project contingency for unanticipated or unforeseen work.

5. Approve an amendment to the Fiscal Year 2024-25 Capital Improvement Program to include $1,108,944 in construction funding from the CATV Fund and Liability Property Insurance Fund.

15.

Agreements with Willdan Engineering Inc., TKE Engineering, Inc., Charles Abbott Associates, Inc., Harris & Associates, Inc., and Cannon Corporation for On-Call Engineering Plan Check Services

Department(s): Public Works Agency

Recommended Action: Authorize the City Manager to execute agreements with the firms listed below to provide on-call engineering plan check services for a three-year period beginning July 16, 2024, and expiring June 30, 2027, with a provision for one, two-year renewal option for a total aggregate amount not to exceed $1,500,000 for the term of the agreement and for the total annual compensation not to exceed $300,000, including renewal options, exercisable by the City Manager (Core Agreement No. A-2024-XXX).

Firms	Location
Willdan Engineering, Inc.	Anaheim, CA
TKE Engineering, Inc.	Riverside, CA
Charles Abbott Associates, Inc.	Mission Viejo, CA
Harris & Associates, Inc.	Irvine, CA
Cannon Corporation	Irvine, CA

16.

Appropriation Adjustment and Amendment to the Agreement with Aqua-Metric Sales Company to Add Funds to the Automated Metering Infrastructure Project (Project No. 16-6460) (Non-General Fund)

Department(s): Public Works Agency

Recommended Action:

Approve an appropriation adjustment to recognize $15,000,000 of prior-year fund balance in the Public Works Water Revenue, Prior Year Carryforward and Water Utility Capital, Transfer from Fund 060 revenue accounts, and appropriate to the Water – Interfund Transfer, Transfer to Fund 066 and Water Utility Capital Projects, Water Capital Project expenditure accounts (Requires five affirmative votes).

Authorize the City Manager to execute a first amendment with Thirkettle Corporation, dba Aqua-Metric Sales Company, to increase the not-to-exceed amount by $6,000,000, including a contingency of $1,500,000, for a new not-to-exceed amount of $35,683,230 (Agreement No. A-2024-XXX).

Approve an amendment to the Fiscal Year 2024-2025 Capital Improvement Program to include $15,000,000 in construction funds for the Automated Metering Infrastructure Project (Project No. 16-6460).

17.

Additional Contingency Funds in the Amount of $625,000 for an Existing Construction Contract with EverLevel Holdings, LLC for the First Street Slope Stabilization Project (Project No. 22-1341) (Revive Santa Ana Program)

Department(s): Public Works Agency

Recommended Action: 1. Approve an amendment to the Project Cost Analysis in the amount of $625,000 in additional contingency funds for a new total estimated construction delivery cost of $6,725,000.

2. Approve an amendment to the Fiscal Year 2024-25 Capital Improvement Program to include $625,000 of American Rescue Plan Act (ARPA) funds for the First Street Slope Stabilization Project (22-1341).

18.

Purchase Order to Mike Prlich and Sons, Inc. for Concrete Collar Replacement for Water and Sewer Appurtenances (Bid No. 24-021) (Non-General Fund)

Department(s): Public Works Agency

Recommended Action: Award a blanket order contract to Mike Prlich and Sons, Inc. for concrete collar replacement for water and sewer appurtenances for an annual amount not to exceed $600,000, for a three-year term beginning July 1, 2024 and expiring June 30, 2027, with provisions for two 1-year renewal options.

19.

Approve a Lease Agreement with PGH Wong Engineering, Inc. for Office Space at the Santa Ana Regional Transportation Center

Department(s): Public Works Agency

Recommended Action: Authorize the City Manager to execute a lease agreement with PGH Wong Engineering, Inc. to compensate the City $8,621 per month, with any partial month prorated at $287 per day, for the lease of approximately 3,284 square feet of office space located at the Santa Ana Regional Transportation Center for a twelve-month term beginning on July 17, 2024, and ending July 16, 2025, with the option of 12 one-month extensions, for a total of $207,456 in lease revenue for the entire term of the agreement, including optional extensions (Agreement No. A-2024-XXX).

20.

Approve a Lease Agreement with Walsh Construction Company II, LLC for Office Space at the Santa Ana Regional Transportation Center

Department(s): Public Works Agency

Recommended Action: Authorize the City Manager to execute a lease agreement with Walsh Construction Company II, LLC to compensate the City $11,627 per month, with any partial month prorated at $388 per day, for the lease of approximately 4,429 square feet of office space located at the Santa Ana Regional Transportation Center for a 12-month term beginning on July 16, 2024 and ending July 15, 2025, with the option of 12 one-month extensions, for a total of $279,850 in lease revenue for the entire term of the agreement, including optional extensions (Agreement No. A-2024-XXX).

21.

Construction Contract to AJ Fistes Corporation in the Amount of $719,100 for the Painting and Wrought Iron Restoration (Project No. 24-6060 & 24-6061) (Non-General Fund)

Department(s): Public Works Agency

Recommended Action: 1. Award a construction contract to AJ Fistes Corporation, the lowest responsible bidder, in accordance with the base bid in the amount of $719,100, subject to change orders for Painting and Wrought Iron Restoration for the term beginning upon execution of the contract and ending upon project completion, and authorize the City Manager to execute the contract.

2. Approve the Project Cost Analysis for a total estimated construction delivery cost of $1,197,000, which includes $719,100 for the construction contract, $107,865 for contract administration, inspection, and testing, and a $370,035 project contingency for unanticipated or unforeseen work.

3. Approve an amendment to the FY 2024-25 Capital Improvement Program to include $1,197,000 in construction funding approved in FY 2023-24 from the Clean California Local Grants Program through the California Department of Transportation.

4. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER-2024-43 was filed for projects 24-6060 and 24-6061.

22.

Agreement with Blue Technologies Smart Solutions for Access and Support Services for iManage Data Management Systems

Department(s): City Attorney’s Office

Recommended Action: Authorize the City Manager to execute a three-year agreement with Blue Technologies Smart Solutions (“BlueTech”) for continued access and support services for the iManage Data Management Systems (“iManage”) for the period of August 1, 2024 through July 31, 2027 in the amount of $128,529, which includes the annual billing amount of $36,843 for the iManage System and a contingency amount of $18,000 to pay for additional support/maintenance and training services as directed by the City (Agreement No. A-2024-XXX).

23.

Agreement for Tax Revenue Auditing, Analysis, Forecasting, and Reporting Services RFP (24-010)

Department(s): Finance and Management Services

Recommended Action: 1. Authorize the City Manager to execute agreements with Hinderliter, de Llamas and Associates (“HdL”) and HdL Coren & Cone (“HdLCC”) for various tax revenue services for an initial three-year term beginning July 1, 2024, with a provision for two one-year extensions exercisable by the City Manager and the City Attorney, in a total amount not to exceed $1,346,714, which includes a 20% general contingency (Agreement No. A-2024-XXX).

2. Adopt a resolution authorizing the release of information to HdL from the California Department of Tax & Fee Administration in connection with the auditing of Sales and Use Tax making certain determinations relating thereto and authorizing certain actions in connection therewith.

RESOLUTION NO. 2024-XXX entitled A RESOLUTION OF THE CITY OF SANTA ANA AUTHORIZING EXAMINATION OF SALES AND USE TAX RECORDS AND TRANSACTIONS AND USE TAX RECORDS

24.

Resolution to Effect Certain Changes to the City’s Basic Classification and Compensation Plan

Department(s): Human Resources

Recommended Action: Adopt a resolution to effect certain changes to the City’s basic classification and compensation plan.

RESOLUTION NO. 2024-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

25.

Adopt Resolution to Summarily Vacate a Portion of Bristol Street - Abandonment 23-02 and Adopt Resolution Declaring Property as Exempt Surplus

Department(s): Public Works Agency

Recommended Action: 1. Adopt a resolution to summarily vacate excess Bristol Street right-of-way formerly portions of 1601 and 1607 North Bristol Street; Abandonment 23-02.

RESOLUTION NO. 2024-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA SUMMARILY VACATING A PORTION OF A PUBLIC RIGHT-OF-WAY ADJACENT TO 1601 AND 1607 NORTH BRISTOL STREET (ABANDONMENT NO. 2023-02) [includes determination that the vacation of the Vacation Area is exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to section 15378 of the State CEQA Guidelines because it can be seen with certainty that there is no possibility that it will have a significant impact of the environment.]

2. Adopt a resolution declaring City-owned property as exempt surplus land and directing the City Manager or designee to comply with the requirements of Government Code §54220 et seq. for the sale and transfer of ownership accordingly.

RESOLUTION NO. 2024-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DECLARING PROPERTY NEAR 1601 AND 1607 NORTH BRISTOL AS EXEMPT SURPLUS LAND AND DIRECTING THE CITY MANAGER TO FOLLOW THE PROCEDURES SET FORTH IN THE SURPLUS LAND ACT, CALIFORNIA GOVERNMENT CODE SECTION 54220, ET SEQ., AS AMENDED, FOR THEIR DISPOSITION [includes determination that the sale of the property as surplus is exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15312 (Surplus Government Property Sales)].

END OF CONSENT CALENDAR

BUSINESS CALENDAR

26.

Consider Whether to Adopt Resolutions Authorizing Arguments, Rebuttal Arguments, and Impartial Analysis of Four Ballot Measures on the Ballot for the November 5, 2024 General Municipal Election

Department(s): City Attorney’s Office; City Clerk’s Office

Recommended Action: 1. Consider whether to approve RESOLUTION NO. 2024-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING WRITTEN ARGUMENTS FOR THE BALLOT MEASURE SUBMITTED FOR THE NOVEMBER 5, 2024 GENERAL MUNICIPAL ELECTION REGARDING A PROPOSED CHARTER AMENDMENT TO AMEND CHARTER SECTIONS 401.5, 611, 702, 703, 1002 AND 1003 TO DELETE REFERENCES TO OBSOLETE JOB TITLES AND OBSOLETE BONDING REQUIREMENTS, SPECIFY THAT ALL DEPARTMENT HEADS ARE AT-WILL EMPLOYEES, ADDRESS DEFINITIONS OF FUNDS AND LEVIES FOR COMPLIANCE WITH STATE LAW, AUTHORIZE LIMITED PURCHASING AUTHORITY FOR THE CITY CLERK AND CITY ATTORNEY AND REQUIRE THE CITY COUNCIL TO ADOPT AN ORDINANCE TO ENFORCE THE ETHICS CODE;

2. Consider whether to approve RESOLUTION NO. 2024-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING WRITTEN ARGUMENTS FOR THE BALLOT MEASURE SUBMITTED FOR THE NOVEMBER 5, 2024 GENERAL MUNICIPAL ELECTION REGARDING A PROPOSED CHARTER AMENDMENT TO AMEND CHARTER SECTION 402 TO INDEX COUNCIL COMPENSATION AT A SALARY OF THIRTY-THREE (33%) PERCENT OF THAT OF AN ORANGE COUNTY SUPERIOR COURT JUDGE;

3. Consider whether to approve RESOLUTION NO. 2024-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING WRITTEN ARGUMENTS FOR THE BALLOT MEASURE SUBMITTED FOR THE NOVEMBER 5, 2024 GENERAL MUNICIPAL ELECTION REGARDING A PROPOSED CHARTER AMENDMENT TO AMEND CHARTER SECTION 1203 TO PERMIT NONCITIZEN VOTING IN ALL CITY MUNICIPAL ELECTIONS; and

4. Consider whether to approve RESOLUTION NO. 2024-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING WRITTEN ARGUMENTS FOR THE BALLOT MEASURE SUBMITTED FOR THE NOVEMBER 5, 2024 GENERAL MUNICIPAL ELECTION REGARDING WHETHER TO ADOPT A RENT STABILIZATION AND JUST CAUSE EVICTION ORDINANCE.

END OF BUSINESS CALENDAR

PUBLIC HEARINGS

PUBLIC COMMENTS – Members of the public may address the City Council on each of the Public Hearing items.

27.

Public Hearing - Approve an Amended and Restated Regulatory Agreement for the Rehabilitation of Garden Court Apartments Located at 300 East Santa Ana Boulevard, Santa Ana, CA 92701, Adopt a Resolution Approving the Issuance of Revenue Bonds, and Conduct a Tax Equity Fiscal Responsibility Act (TEFRA) Hearing

Legal notice published in the OC Reporter on July 9, 2024.

Department(s): Community Development Agency

Recommended Action: 1. Authorize the City Manager to execute an amended and restated agreement containing Affordable Housing Covenants with Orange Housing Development Corporation for the rehabilitation of Garden Court Apartments located at 300 East Santa Ana Boulevard, Santa Ana, CA 92701 (APN 398-323-08) (Contingent upon approval of Housing Authority Item # 3) (Agreement No. A-2024-XXX).

2. Approve the Relocation Plan and authorize the City Manager to approve amendments to the Relocation Plan prior to commencement of the rehabilitation of Garden Court Apartments, substantially in the draft form attached hereto, subject to changes consistent with the project approved by the City Manager and City Attorney.

3. 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 C&C Development Co., LLC, to finance the acquisition, rehabilitation, improvement, and equipping of Garden Court Apartments located at 300 East Santa Ana Boulevard, Santa Ana, CA 92701 (APN 398-323-08).

4. Adopt a resolution approving the issuance of revenue bonds by the California Municipal Finance Authority in an amount not to exceed $55,000,000 for financing the rehabilitation of Garden Court Apartments.

RESOLUTION NO. 2024-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 THE GARDEN COURT APARTMENTS

5. Determine that the approvals and authorizations provided for herein do not constitute a "project" within the meaning of California Public Resources Code § 21065 and authorize filing a notice of exemption based on the "common sense" exemption of 14 C.C.R. § 15061(b)(3) to the extent any activity would be considered a "project" because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment and the activity is not subject to the California Environmental Quality Act (CEQA).

28.

Public Hearing - Recovery of Uncollected Costs Incurred by the City Related to the Abatement of Dangerous and Abandoned Buildings

Legal notice published in OC Reporter on July 3, 2024 and property owner notification letters mailed on same date.

Department(s): Planning and Building Agency

Recommended Action: 1. Adopt a resolution affirming the Fiscal Year 2023-2024 Dangerous and Abandoned Building Program Report and authorize the transmittal of uncollected charges incurred by the City related to the abatement of dangerous and abandoned buildings to the office of Auditor-Controller, County of Orange.

RESOLUTION NO. 2024-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CONFIRMING THE COSTS OF SECURING AND/OR DEMOLITION OF VARIOUS STRUCTURES DECLARED TO BE PUBLIC NUISANCES; MAKING, CONFIRMING AND LEVYING ASSESSMENTS FOR SUCH COSTS; AND ORDERING SUCH COSTS TO BE RECORDED WITH THE ORANGE COUNTY RECORDER’S OFFICE

2. Determine that the proposed action does not constitute a “project” under the California Environmental Quality Act (CEQA) in accordance with section 15378(a) and (b)(5) as the adoption of this resolution authorizes an administrative action and will not result in a direct or reasonable foreseeable indirect physical change in the environment and there is no possibility it will have a significant effect on the environment. Accordingly, it is exempt from further CEQA review pursuant to section 15061(b)(3) and (b)(5) of the CEQA guidelines as amended.

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.	June 17-20, 2024 Mayor Amezcua – NALEO 41^st Annual Conference, Las Vegas, NV

2.	June 18-20, 2024 Councilmember Penaloza – NALEO 41^st Annual Conference, Las Vegas, NV

3.	June 18-20, 2024 Councilmember Vazquez – NALEO 41^st Annual Conference, Las Vegas, NV

4.	June 19-20, 2024 Councilmember Hernandez – NALEO 41^st Annual Conference, Las Vegas, NV

5.	June 19-21, 2024 Mayor Pro Tem Phan – 1^st Annual AAPI Lead Summit, Las Vegas, NV

6.	June 19-21, 2024 Councilmember Bacerra – 1^st Annual AAPI Lead Summit, Las Vegas, NV

ADJOURNMENT – Adjourn the City Council meeting and convene to the Housing Authority meeting.

Future Items

1. Agreement for Dispatch Community Engagement Services
2. Agreement for Protection and Maintenance of the Japanese Garden Structure
3. Travel Santa Ana Annual Report

POSTING STATEMENT: On July 9, 2024, 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 santa-ana.org/agendas-and-minutes.

SPECIAL HOUSING AUTHORITY

CALL TO ORDER
ATTENDANCE	Authority Members	Phil Bacerra
		Johnathan Ryan Hernandez
		Jessie Lopez
		David Penaloza
		Benjamin Vazquez
	Vice Chair	Thai Viet Phan
	Chair	Valerie Amezcua
	Acting City Manager	Alvaro Nuñez
	City Attorney	Sonia R. Carvalho
	Recording Secretary	Jennifer L. Hall

ROLL CALL

ADDITIONS\DELETIONS TO THE HOUSING AUTHORITY AGENDA

PUBLIC COMMENTS – Members of the public may address Housing Authority on items on the Housing Authority agenda.

CONSENT CALENDAR

Recommended Action: Approve staff recommendations on the following Consent Calendar Items: 1 and 3 and waive reading of all resolutions and
ordinances.

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

Minutes from the Regular Meeting of June 4, 2024

Department(s): City Clerk’s Office

Recommended Action: Approve minutes.

Amended and Restated Regulatory Agreement for the Rehabilitation of Garden Court Apartments Located at 300 East Santa Ana Boulevard, Santa Ana, CA 92701

Department(s): Community Development Agency

Recommended Action: 1. Authorize the Executive Director to consent to the termination of the Original Agreement in order for the Acting City Manager to execute the Amended and Restated Agreement Containing Affordable Housing Covenants with Orange Housing Development Corporation for the rehabilitation of Garden Court Apartments located at 300 East Santa Ana Boulevard, Santa Ana, CA 92701 (APN 398-323-08). (Contingent upon approval of City Council Item # 27) (Agreement No. A-2024-XXX).

2. Approve the Relocation Plan and authorize the Acting City Manager to approve amendments to the Relocation Plan prior to commencement of the rehabilitation of Garden Court Apartments, substantially in the draft form attached hereto, subject to changes consistent with the project approved by the City Manager and City Attorney.

END OF CONSENT CALENDAR

HOUSING AUTHORITY MEMBER COMMENTS

ADJOURNMENT – Adjourn the Housing Authority meeting. POSTING STATEMENT: On July 9, 2024, 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 santa-ana.org/agendas-and-minutes.

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