Meeting

City Council Meeting Agenda
November 19, 2024
CLOSED SESSION MEETING – 4:00 PM
REGULAR OPEN MEETING – 5:30 PM
(Immediately following the Closed Session Meeting)
CITY COUNCIL CHAMBER
22 Civic Center Plaza Santa Ana, CA 92701

Valerie Amezcua Mayor
Thai Viet Phan 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 Nuñez City Manager	Jennifer L. Hall City Clerk

In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting, contact Michael Ortiz, City ADA Program Coordinator, at (714) 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, or iii) public hearing item. You may request to speak by dialing *9 from your phone or you may virtually raise your hand from Zoom. After the Clerk confirms the last three digits of the caller’s phone number or Zoom ID and unmutes them, the caller must press *6 or microphone icon to speak. Callers are encouraged, but not required, to identify themselves by name. Each caller will be provided three (3) minutes to speak, unless due to the number of speakers wanting to speak a decision is made to provide a different amount of time to speak.
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 4:00 p.m. for Closed Session items and by 5:45 p.m. for all other designated public comment periods as listed below. Cards will not be accepted after the Public Comment Session begins without the permission of the presiding chair.

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

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 3:30 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL and raise your hand PRIOR TO 5:45 p.m. Speakers who are not in the speaker queue with their hand raised by 5:45 p.m. will not be permitted to speak.

3. LIVE PUBLIC COMMENTS ON PUBLIC HEARING ITEMS – You can provide comments by joining Zoom or the Conference Call as described in the LIVE or 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
	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. Share Our Selves Corporation v. City of Santa Ana, United States District Court Case No. 8:23-cv000504-DOC-KES
B. Romero v. City of Santa Ana, et al., Orange County Superior Court, Case No. 30-2022-01273032
C. Bertha Amezcua Padilla, et al. v. City of Santa Ana, et al., United States District Court Case No.: 8:22-cv-01326 KK (ADSx)

2.	CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a): Agency Negotiator: Lori Schnaider, Executive Director of Human Resources Employee Organization: Service Employee International Union Local 721, Part-Time Non-Civil Service Employees

PUBLIC EMPLOYEE APPOINTMENT pursuant to Government Code Section 54957(b)(1)
Title: Independent Oversight Director to the Santa Ana Police Oversight Commission

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
	City Manager	Alvaro Nuñez
	City Attorney	Sonia R. Carvalho
	City Clerk	Jennifer L. Hall

ROLL CALL

PLEDGE OF ALLEGIANCE

Mayor Amezcua

WORDS OF INSPIRATION

Police Chaplain

ADDITIONS\DELETIONS TO THE AGENDA

CEREMONIAL PRESENTATIONS

1.	Proclamation presented by Mayor Amezcua to National Hispanic Business Women Association, in honor of National Women’s Small Business Month

2.	Proclamation presented by Councilmember Bacerra to Hands Together – A Center for Children, in honor of their 25-year anniversary

3.	Certificate of Recognition presented by Councilmember Lopez to Hope Builders for their Outstanding Contributions to the Community

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. One or more files are marked confidential or are not available at this time.

CONSENT CALENDAR

Recommended Action: Approve staff recommendations on the following Consent Calendar Items: 4 through 31 and waive reading of all resolutions and ordinances.

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

Minutes from the Regular Meeting of October 1, 2024, the Regular Meeting of October 15, 2024, and the Special Meeting of October 28, 2024

Department(s): City Clerk’s Office

Recommended Action: Approve minutes.

Appoint Alexandra Cheney Nominated by Councilmember Penaloza as the Ward 6 Representative to the Environmental and Transportation Advisory Commission for a Partial Term Expiring December 8, 2026

Department(s): City Clerk’s Office

Recommended Action: Appoint Alexandra Cheney to the Environmental and Transportation Advisory Commission as the Ward 6 representative and administer the Oath of Office. (Pursuant to SAMC Sec. 2-326(a), requires five affirmative votes)

Review and Approve the Annual Calendar of City Council Meetings for 2025

Department(s): City Clerk’s Office

Recommended Action:

Review calendar of regularly scheduled City Council meetings in 2025.

Cancel the regularly scheduled City Council meetings of January 7, 2025 and August 5, 2025.

Direct staff to post Notice(s) of Cancellation and waive notice to the City Council of said meetings as required by the Government Code.

Fiscal Year 2024-25 First Quarter Budget Update and Proposed Appropriation Adjustments

Department(s): Finance and Management Services

Recommended Action: 1. Receive and file the 1st Quarter Budget Update.

2. Approve $2.9 million in appropriation adjustments as detailed in the body of the report, including multiple restricted fund adjustments and one housekeeping adjustment to the General Fund with a net zero impact. (Requires five affirmative votes)

Appropriation Adjustment Recognizing Permanent Local Housing Allocation Round 4 (Non-General Fund)

Department(s): Community Development Agency

Recommended Action: Approve an appropriation adjustment recognizing $2,403,595 in funds from the State of California, into the Permanent Local Housing Allocation (PLHA) Program revenue account and appropriate the same amount into the PLHA Round 4 expenditure account to address homelessness in the City of Santa Ana. (Requires five affirmative votes)

10.

Approve Appropriation Adjustment to Recognize the Bureau of Justice Assistance FY24 – Byrne Discretionary Community Project Grant Funds (Non-General Fund)

Department(s): Community Development Agency

Recommended Action: Approve appropriation adjustment to recognize a disbursement of $963,000 in funds from the Department of Justice – Office of Justice Programs, Bureau of Justice Assistance in revenue account (no. 12718002-52000, Federal Grant-Direct) and appropriate the same amount to expenditure account (no. 12718700-69135, Payment to Subagent) to implement the Santa Ana Alternative Response Program. (Requires five affirmative votes)

11.

Agreement with Families Forward, Inc. for the Administration of an Eviction Prevention Program (Non-General Fund)

Department(s): Community Development Agency

Recommended Action: Authorize the City Manager to execute an agreement with Families Forward, Inc. to administer an Eviction Prevention Program for a one-year term beginning November 19, 2024 in an amount not to exceed $730,046 (Agreement No. A-2024-XXX).

12.

First Amendment to the Fiscal Year (FY) 2024-25 Emergency Solutions Grant (ESG) Subrecipient Agreement with Interval House and Orange County’s United Way, as well as a New Memorandum of Understanding (MOU) with the Santa Ana Police Department for Street Outreach and Engagement

Department(s): Community Development Agency

Recommended Action:

1. Authorize the City Manager to execute a First Amendment to the FY 2024-25 ESG Subrecipient Agreement with Interval House to increase the amount of the agreement by $35,124 to provide additional emergency shelter and supportive services to survivors of domestic violence from the City of Santa Ana (Agreement No. A-2024-XXX).

2. Authorize the City Manager to execute a First Amendment to the FY 2024-25 ESG Subrecipient Agreement with Orange County’s United Way to increase the amount of the agreement by $17,562 to conduct additional Homeless Management Information System (HMIS) data management (Agreement No. A-2024-XXX).

3. Authorize the City Manager to execute a new Memorandum of Understanding (MOU) with the Santa Ana Police Department (SAPD) for the Homeless Evaluation Assessment Response Team (H.E.A.R.T.) Program to serve Santa Ana residents experiencing homelessness through street outreach and engagement for a new total amount of $81,321. The total funding amount is comprised of $46,197 in FY 2024-25 ESG funds and a $35,124 reallocation from FY 2023-24 ESG funds (Agreement No. A-2024-XXX).

13.

Second Amendment to Legal Services Agreement with Nathan & Kamionski LLP to Amend Hourly Rates

Department(s): City Attorney’s Office

Recommended Action: Approve Second Amendment to Legal Services Agreement with Nathan & Kamionski LLP to amend the hourly rates: Partners from $350 to $325 and Paralegals from $150 to $125 (Agreement No. A-2024-XXX).

14.

Grant Agreement and Appropriation Adjustment Recognizing Grant Revenue in the Amount of $13,627 for the California State Library Zip Books Project

Department(s): Library

Recommended Action:

Authorize the Library Services Director to execute a Grant Agreement via DocuSign, accepting grant funds from the California State Library in the amount of $13,627 for the FY 2024-25 Zip Books Project (Agreement No. A-2024-XXX).

Approve an appropriation adjustment recognizing $13,627 into the Library’s Public Library Grant, State Grant-Direct revenue account and appropriate the same into the Public Library Grant, Books Records Videos expenditure account to implement the program. (Requires five affirmative votes)

15.

Approve the Naming of a Park Located Between Fairview Street and King Street

Department(s): Parks, Recreation, and Community Services

Recommended Action: Affirm the Planning Commission’s adoption of a resolution approving Public Facilities Naming No. 2024-01 and recommend approval of the name “Artesia-Pilar Park” for the park located between Fairview Street and King Street.

16.

Agreement for Park Host, Volunteer Acknowledgment, Release of Liability, Indemnity Agreement, and Waiver for Thornton Park Park Host

Department(s): Parks, Recreation, and Community Services

Recommended Action: Approve an agreement with Thornton Park park host to complete the pilot Park Host Volunteer Pilot Program by December 31, 2025 (Agreement No. A-2024-XXX).

17.

Revised Grant Agreement with State of California Office of Traffic Safety (“OTS”) (Non-General Fund)

Department(s): Police Department

Recommended Action: Receive and file the revised grant agreement with the State of California Office of Traffic Safety (“OTS”) for the Selective Traffic Enforcement Program in an amount not to exceed $755,000 approved at the October 1, 2024 City Council meeting (A-2024-156).

18.

Agreements with Elite Command Training Corporation, Utility Response Training Associates, LLC, and SenseMakers, LLC to Provide Training Services for the Urban Area Security Initiative Grant Program FY2022 - FY2026 (Specification Nos. 23-187A, 23-188A, 23-189A) (Non-General Fund)

Department(s): Police Department

Recommended Action:

Authorize the City Manager to execute three-year agreements, with two, one-year renewal options, with the following three vendors to provide on-going training deliverables to the Anaheim/Santa Ana Urban Area on an as-needed basis, for the three-year period of November 19, 2024 through November 18, 2027 with two optional one-year renewals, in an aggregate amount not to exceed $270,444 (Core Agreement No. A-2024-XXX):

Elite Command Training Corporation – total amount not to exceed $83,112;
Utility Response Training Associates, LLC – total amount not to exceed $62,982;
SenseMakers, LLC – total amount not to exceed $124,350

19.

Appropriation Adjustments to Recognize Special Gas Tax and Transportation System Improvement Area Funds Fund Balance and Amendments to the Fiscal Year 2024-25 Capital Improvement Program for Various Projects

Department(s): Public Works Agency

Recommended Action: 1. Approve an appropriation adjustment recognizing $200,000 of prior-year fund balance in Special Gas Tax, Prior Year Carry Forward revenue account and Select Street Construction, Transfer from Fund 029 revenue account, and appropriate the same amount into the Gas Tax Interfund Transfer, Transfer to Fund 059 expenditure account and HUTA 2103 Gas Tax, Improvements Other Than Buildings expense account. (Requires five affirmative votes)

2. Approve an appropriation adjustment recognizing $434,400 of prior-year fund balance in the New Transportation System Improvement Area E, Prior Year Carry Forward revenue account, and appropriate the same amount to the New Transportation System Improvement Area E, Improvements Other Than Buildings expense account. (Requires five affirmative votes)

3. Approve an appropriation adjustment recognizing $5,100,000 in prior year fund balance in the Transportation System Improvement Authorization Area B, Prior Year Carry Forward revenue account, and appropriate the same amount into the Transportation System Improvement Authorization Area B Tustin, Improvements Other Than Buildings expenditure account. (Requires five affirmative votes)

4. Approve an amendment to the Fiscal Year 2024-25 Capital Improvement Program to include $200,000 of Special Gas Tax, HUTA 2103 Gas Tax funds for the 10th Street and Flower Street Project (Project No. 22-1342).

5. Approve an amendment to the Fiscal Year 2024-25 Capital Improvement Program to include $434,400 of New Transportation System Improvement Area E funds for the Warner Widening Phase 1 Project (Project No. 14-6802).

6. Approve an amendment to the Fiscal Year 2024-25 Capital Improvement Program to include $5,000,000 of Transportation System Improvement Authorization Area B funds for the Warner Phase 2 Widening Project (Project No. 18-6901).

7. Approve an amendment to the Fiscal Year 2024-25 Capital Improvement Program to include $100,000 of Transportation System Improvement Authorization Area B funds for the Warner Phase 2 Bikeway Project (Project No. 20-6971).

20.

Purchase Order Contracts with Cali State Paving, Inc., Hardy & Harper, Inc., and Paveco Construction Inc. for On-Call Asphalt and Portland Cement Concrete Street Repairs (Specification No. 24-110) (Non-General Fund)

Department(s): Public Works Agency

Recommended Action: Award aggregate purchase order contracts to the vendors listed below for on-call asphalt and portland cement concrete street repairs on an as-needed basis, in an annual amount not to exceed $2,380,000, for an initial three-year term expiring November 18, 2027, with provisions for two, one-year renewal options.

Vendor Cali State Paving, Inc.	Location Riverside, CA
Hardy & Harper, Inc.	Lake Forest, CA
Paveco Construction Inc.	Riverside, CA

21.

Award a Construction Contract to Towo Enterprise Inc. for the Alley Improvements Program (No. 24-6910)(General Fund)

Department(s): Public Works Agency

Recommended Action: 1. Approve the Project Cost Analysis for a total estimated construction delivery cost of $1,970,000, which includes $1,576,000 for the construction contract, $236,400 for contract administration, inspection, and testing, and a $157,600 project contingency for unanticipated or unforeseen work due to the complexity and extensive scope of this project.

2. Award a construction contract to Towo Enterprises Inc., the lowest responsible bidder, in accordance with the base bid and bid alternates in the amount of $1,576,000, subject to change orders, for construction of the Alley Improvements Program (No. 24-6910), for a term beginning November 19, 2024 and ending upon project completion, and authorize the City Manager to execute the contract.

3. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER-2024-9 was filed for Project No. 24-6910.

22.

Agreement with Sterling Health Services, Inc. for Affordable Care Act Compliance Services in an Amount Not to Exceed $50,000 (Non-General Fund)

Department(s): Human Resources

Recommended Action: Authorize the City Manager to execute an agreement with Sterling Health Services, Inc. to provide Affordable Care Act compliance services for three years, effective November 19, 2024 through October 31, 2027, with provisions for two optional one-year extensions, not to exceed $10,000 per year (Agreement No. A-2024-XXX).

23.

Approve a Second Amendment to City Clerk Employment Agreement and Adopt a Resolution Approving the Council Appointee Salary Schedule

Department(s): Human Resources

Recommended Action: 1. Approve a second amendment to the City Clerk Employment Agreement reflecting the positive City Clerk performance evaluation conducted on October 15, 2024 and approving an adjusted annual salary for the City Clerk and an increase in the amount of deferred compensation provided by the City (Agreement No. A-2024-XXX).

2. Adopt a resolution updating the City’s Classification and Compensation Plan with the amended annual salary for City Clerk, and approving the Council Appointee Salary Schedule in compliance with the California Public Employees' Retirement System (CalPERS) and Title 2 of the California Code of Regulations section 570.5.

RESOLUTION NO. 2024-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

24.

Adopt a Resolution to Effect Certain Changes to the City’s Basic Classification and Compensation Plan and Update the Salary Schedule for Santa Ana Management Association (SAMA)

Department(s): Human Resources

Recommended Action: Adopt a resolution to effect certain changes to the City’s basic classification and compensation plan and to update the salary schedule for SAMA as requested by CalPERS, and in compliance with CalPERS California Code of Regulations section 570.5.

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.

Conflict of Interest Code Amendments

Department(s): City Clerk’s Office

Recommended Action: Adopt a resolution approving an amended Conflict of Interest Code for the City and its agencies and departments.

RESOLUTION NO. 2024-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING THE CONFLICT OF INTEREST CODE OF THE CITY AND VARIOUS AGENCIES AND DEPARTMENTS

26.

Resolution and Appropriation Adjustment Accepting The James Irvine Foundation – Better Career’s Public Sector Practice Change Grant

Department(s): Community Development Agency

Recommended Action: 1. Adopt a resolution to accept The James Irvine Foundation – Better Career’s Public Sector Practice Change grant for $300,000 for a two-year term ending November 2026.

RESOLUTION NO. 2024-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE ACCEPTANCE OF GRANT FUNDS FROM THE IRVINE FOUNDATION TO IMPROVE COORDINATION, SERVICE DELIVERY, AND SUPPORT TO LOW-INCOME COMMUNITIES IN SANTA ANA

2. Authorize the City Manager, or designee, to sign and submit all documents including the initial agreement, and amendments which may be necessary for the completion of the project.

3. Approve an appropriation adjustment to recognize $300,000 in funds to James Irvine Foundation Grant-Other account (no. 13118002-52040) and appropriating the same amount into the James Irvine Foundation expenditure account (no. 13118700-various) (Requires five affirmative votes).

27.

Resolution Authorizing a Reciprocal Agreement with the California Franchise Tax Board for the Exchange of Business License Tax Data

Department(s): Finance and Management Services

Recommended Action: 1. Adopt a resolution authorizing a reciprocal agreement with the California Franchise Tax Board for the exchange of business license tax data.

RESOLUTION NO. 2024-XXX entitled A RESOLUTION OF THE CITY OF SANTA ANA AUTHORIZING A RECIPROCAL AGREEMENT WITH THE CALIFONIA FRANCHISE TAX BOARD FOR THE EXCHANGE OF BUSINESS LICENSE TAX DATA

2. Approve a non-financial reciprocal agreement with the California Franchise Tax Board for the exchange of business license tax data (Agreement No. A-2024-XXX).

28.

Resolution Approving the Acceptance of Contract Funds from the California Department of Social Services (CDSS)

Department(s): Parks, Recreation, and Community Services

Recommended Action: 1. Adopt a resolution approving the acceptance of contract funds from CDSS for startup funding for after school care and full day camps for child care and development programming.

RESOLUTION NO. 2024-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ACCEPTING CONTRACT FUNDS FROM THE CALIFORNIA DEPARTMENT OF SOCIAL SERVICES FOR PROVISION OF CHILD CARE AND DEVELOPMENT SERVICES AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO NEGOTIATE AND EXECUTE ANY AGREEMENTS OR AMENDMENTS THERETO THAT MAY BE NECESSARY

2. Approve the agreement with CDSS for child care and development programming (Agreement No. A-2024-XXX).

3. Approve an appropriation adjustment for program startup funding to recognize $915,583 from the CDSS in the PRCSA Revenue Account, Center Programs (13113002-53301) and appropriate the same amount in the PRCSA, Child Development Services expenditure accounts (13113251-various). (Requires five affirmative votes)

4. Adopt a resolution amending the current fiscal year 2024-2025 annual budget to adjust full-time positions in the Parks, Recreation, and Community Services Agency, including additions and a reallocation. (Requires five affirmative votes)

RESOLUTION NO. 2024-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO AMEND THE CURRENT FISCAL YEAR 2024-2025 ANNUAL BUDGET TO ADD FULL-TIME POSITIONS IN THE PARKS, RECREATION AND COMMUNITY SERVICES AGENCY

29.

Third One-Year Extension of Site Plan Review No. 2016-03 and Variance Nos. 2017-05 and 2017-06 for The Madison Mixed-Use Development Project Located at 200 North Cabrillo Park Drive

Department(s): Planning and Building Agency

Recommended Action:

1. Adopt a resolution approving a third and final one-year extension of Site Plan Review No. 2016-03, Variance No. 2017-05, and Variance No. 2017-06 to December 31, 2025.

RESOLUTION NO. 2024-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING A THIRD ONE-YEAR EXTENSION OF SITE PLAN REVIEW NO. 2016-03, VARIANCE NO. 2017-05, AND VARIANCE NO. 2017-06 FOR THE MADISON MIXED-USE DEVELOPMENT LOCATED AT 200 NORTH CABRILLO PARK DRIVE

2. Determine that, pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the extension for this project is exempt pursuant to Section 15061(b)(3). This determination has been made as it has been determined that the proposed action to extend the existing, approved entitlement does not have the potential to cause a significant effect on the environment, as the existing, approved entitlement has already been evaluated pursuant to CEQA.

30.

Third One-Year Extension of Site Plan Review No. 2020-03 and Variance No. 2020-06 for the 4th and Mortimer Mixed-Use Development Project Located at 409 and 509 East Fourth Street

Department(s): Planning and Building Agency

Recommended Action: 1. Adopt a resolution approving a third and final one-year extension of Site Plan Review No. 2020-03 and Variance No. 2020-06 to December 15, 2025.

RESOLUTION NO. 2024-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING A THIRD ONE-YEAR EXTENSION OF SITE PLAN REVIEW 2020-03 AND VARIANCE NO. 2020-06 FOR THE 4TH AND MORTIMER MIXED-USE DEVELOPMENT LOCATED AT 409 AND 509 EAST FOURTH STREET

2. Determine that, pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the extension for this project is exempt pursuant to Section 15061(b)(3). This determination has been made as it has been determined that the proposed action to extend the existing, approved entitlement does not have the potential to cause a significant effect on the environment, as the existing, approved entitlement has already been evaluated pursuant to CEQA.

31.

Resolutions Authorizing Grant Applications for the Fiscal Year 2025-26 Measure M2 Comprehensive Transportation Funding Program (Non-General Fund)

Department(s): Public Works Agency

Recommended Action: 1. Adopt resolutions authorizing the City of Santa Ana to submit applications for funding consideration under the Measure M2 Comprehensive Transportation Funding Program 2025-26 Call for Projects.

RESOLUTION NO. 2024-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE SUBMITTAL OF IMPROVEMENT PROJECTS TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR FUNDING UNDER THE COMPREHENSIVE TRANSPORTATION PROGRAM

RESOLUTION NO. 2024-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE SUBMITTAL OF IMPROVEMENT PROJECTS TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR FUNDING UNDER THE REGIONAL TRAFFIC SIGNAL SYNCHRONIZATION PROGRAM

2. Direct staff to incorporate approved Comprehensive Transportation Funding Program projects into the Seven-Year Capital Improvement Program for Fiscal Year 2025-26.

END OF CONSENT CALENDAR

BUSINESS CALENDAR

32.

Ordinance Adding Article XIV to Chapter 10 (Crimes and Miscellaneous Law Enforcement Provision) and Amending Related Sections in Chapter 31, Chapter 33, and Chapter 36 of the Santa Ana Municipal Code

Department(s): Police Department

Recommended Action: Conduct a first reading and adopt an ordinance adding and amending various articles and sections of the Santa Ana Municipal Code to prohibit conduct that interferes with public rights of access to public property to address changes in the law brought by the City of Grants Pass, Oregon v. Johnson, et. al., 144 S. Ct. 2202 (2024):

ORDINANCE NO. NS-XXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADDING ARTICLE XIV (PROHIBITING INTERFERENCE WITH AND ACCESS TO PUBLIC PROPERTY) TO CHAPTER 10 (CRIMES AND MISCELLANEOUS LAW ENFORCEMENT PROVISIONS) OF THE SANTA ANA MUNICIPAL CODE AND AMENDING RELATED SECTIONS IN CHAPTER 10, CHAPTER 31 (RECREATION, PARKS AND PLAYGROUNDS), CHAPTER 33 (STREETS, SIDEWALKS AND PUBLIC WORKS, AND CHAPTER 36 (TRAFFIC) TO PROHIBIT CONDUCT THAT INTERFERES WITH PUBLIC RIGHTS OF ACCESS TO PUBLIC PROPERTY TO ADDRESS CHANGES IN LAW BROUGHT ABOUT BY CITY OF GRANTS PASS, OREGON V. JOHNSON, ET. AL., 144 S. Ct. 2202 (2024)

33.

Investigation Regarding Councilmember Johnathan Ryan Hernandez (Continued from the Special Meeting of October 28, 2024; Item No. 1)

Department(s): City Manager’s Office

Recommended Action: Discuss and Address Potential Remedies Regarding the Investigator’s Sustained Findings Regarding Councilmember Johnathan Ryan Hernandez and Take Potential Action or Direct Staff Accordingly.

END OF BUSINESS CALENDAR

PUBLIC HEARINGS

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

34.

Public Hearing - Appeal Application No. 2024-01, Appealing the Decision of the Planning Commission to Approve Conditional Use Permit (CUP) No. 2022-06 Allowing the Construction of an Accessory Structure within the Rear Yard of an Existing Single-Family Residence Located at 2221 North Heliotrope Drive (APNs: 002-081-45 And 002-081-46)

Legal notice published in the OC Reporter on November 6, 2024 and mailed on November 7, 2024.

Department(s): Planning and Building Agency

Recommended Action: 1. Adopt a resolution denying Appeal Application No. 2024-01, upholding the Planning Commission’s approval of a resolution to approve Conditional Use Permit (CUP) No. 2022-06 to allow the construction of an accessory structure within the rear yard of an existing single-family residence located at 2221 North Heliotrope Drive (APNs: 002-081-45 and 002-081-46).

RESOLUTION NO. 2024-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DENYING APPEAL APPLICATION NO. 2024-01 AND UPHOLDING THE DETERMINATION OF THE PLANNING COMMISSION TO APPROVE CONDITIONAL USE PERMIT NO. 2022-06 AS CONDITIONED TO ALLOW THE CONSTRUCTION OF AN ACCESSORY STRUCTURE EXCEEDING FIFTEEN FEET IN HEIGHT WITHIN THE REAR YARD OF THE PROPERTY LOCATED AT 2221 NORTH HELIOTROPE DRIVE (APN: 002-081-45 AND 002-081-46)

2. Determine that, pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review pursuant to Section 15303 of the CEQA Guidelines (Class 3-New Construction or Conversion of Small Structures) because the project involves the construction of a small accessory structure.

35.

Public Hearing – Conduct a First Reading and Adopt Ordinance Amendment (OA) No. 2024-04 Repealing and Reenacting in its Entirety Article XXI to Chapter 8 of the Santa Ana Municipal Code (SAMC) Prohibiting Short-Term Rentals (STRs), and Adopt Enhanced Fines for Violations of the Short-Term Rentals Ordinance

Published in the OC Reporter on November 8, 2024.

Department(s): Planning and Building Agency

Recommended Action: 1. Introduce for first reading an ordinance (OA No. 2024-04) amending the Santa Ana Municipal Code (SAMC) to repeal and reenact in its entirety Article XXI to Chapter 8 of the SAMC prohibiting Short-Term Rentals.

ORDINANCE NO. NS-XXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, REPEALING AND REENACTING IN ITS ENTIRETY ARTICLE XXI TO CHAPTER 8 OF THE SANTA ANA MUNICIPAL CODE PROHIBITING SHORT-TERM RENTALS

2. Adopt a resolution setting administrative fines for violating provisions of the Santa Ana Municipal Code.

RESOLUTION NO. 2024-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA SETTING ADMINISTRATIVE FINES FOR VIOLATING PROVISIONS OF THE SANTA ANA MUNICIPAL CODE

3. Find that, in accordance with the California Environmental Quality Act (CEQA), based on the substantial evidence set forth in the record, including but not limited to the General Plan Update Final Program Environmental Impact Report (State Clearinghouse No. 2020029087) and the Addendum prepared for adoption of the proposed Ordinance and Resolution, the project is exempt from further environmental analysis. In the alternative, the adoption of the Ordinance and Resolution is categorically exempt pursuant to State CEQA Guidelines section 15301 – Class 1, Existing Facilities.

COUNCILMEMBER REQUESTED ITEMS

36.

Discuss and Consider Directing the City Manager, City Attorney, and City Clerk to Draft a Resolution Issuing a Formal Apology to the Family of Edgar Vargas, an Undocumented Young Man, who was a Victim of Police Misconduct in 2014 Which Resulted in his Wrongful Transfer to U.S. Immigration and Customs Enforcement (ICE) – Councilmember Vazquez

37.

Discuss and Consider Directing the City Manager, City Attorney, and City Clerk to Prepare an Ordinance Prohibiting Contracts with City Officials and their Immediate Family Members – Councilmember Lopez

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.

ADJOURNMENT – Adjourn the City Council meeting.

Future Items

1. Street Outreach and Engagement Agreement with CityNet
2. Japanese Garden and Tea House Structure Protection and Maintenance Resolution
3. November 5, 2024 General Municipal Elections Results

POSTING STATEMENT: On November 12, 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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