SA PulseSanta Ana Council Record
17October
2023
Regular City Council Meeting · One key issue

The council voted four to three to ask voters in November 2024 to adopt the rent stabilization and just cause eviction ordinance, the same text it had just given a second reading.

Check this moment · 6:22:09
7.3 hours 31 agenda items 28 located in video 54% attributed to a named speaker
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Brief

What happened

Tuesday, October 17, 2023

  1. 01

    It then voted four to three to put a second measure on the same ballot asking whether noncitizens should be able to vote in municipal elections.

    6:51:09
    HousingGovernanceLand use
    Explore this issue
    Related agenda item 27

    Consider Whether to Adopt Resolutions Calling a General Municipal Election for November 5, 2024, Requesting Consolidation with the…

    Open agenda item →

    Member positions

    Valerie Amezcua
    Valerie AmezcuaVoted no

    Voted against both measures.

    6:22:14
    Phil Bacerra
    Phil BacerraVoted no

    Voted against both measures.

    6:22:14
    David Penaloza
    David PenalozaVoted no

    Seconded the first motion so it could be debated but voted against both measures.

    5:51:28
    Thai Viet Phan
    Thai Viet PhanVoted yes

    Moved the rent stabilization ballot measure.

    5:50:58
    Benjamin Vazquez
    Benjamin VazquezVoted yes

    Voted for both measures, having co-sponsored the noncitizen voting request.

    6:51:09
    Jessie Lopez
    Jessie LopezVoted yes

    Voted for both measures.

    6:22:09
    Johnathan Ryan Hernandez
    Johnathan Ryan HernandezVoted yes

    Voted for both measures, having asked for the noncitizen voting question in September.

    6:51:09
  2. 02

    Members opposed to that measure warned the county registrar will not run such elections and asked who would register voters.

    5:53:28
    HousingGovernanceLand use
    Explore this issue
    Related agenda item 27

    Consider Whether to Adopt Resolutions Calling a General Municipal Election for November 5, 2024, Requesting Consolidation with the…

    Open agenda item →

    Member positions

    Valerie Amezcua
    Valerie AmezcuaVoted no

    Voted against both measures.

    6:22:14
    Phil Bacerra
    Phil BacerraVoted no

    Voted against both measures.

    6:22:14
    David Penaloza
    David PenalozaVoted no

    Seconded the first motion so it could be debated but voted against both measures.

    5:51:28
    Thai Viet Phan
    Thai Viet PhanVoted yes

    Moved the rent stabilization ballot measure.

    5:50:58
    Benjamin Vazquez
    Benjamin VazquezVoted yes

    Voted for both measures, having co-sponsored the noncitizen voting request.

    6:51:09
    Jessie Lopez
    Jessie LopezVoted yes

    Voted for both measures.

    6:22:09
    Johnathan Ryan Hernandez
    Johnathan Ryan HernandezVoted yes

    Voted for both measures, having asked for the noncitizen voting question in September.

    6:51:09
  3. 03

    Mayor Amezcua, Councilmember Bacerra and Councilmember Penaloza were against on both measures.

    6:22:14
    HousingGovernanceLand use
    Explore this issue
    Related agenda item 27

    Consider Whether to Adopt Resolutions Calling a General Municipal Election for November 5, 2024, Requesting Consolidation with the…

    Open agenda item →

    Member positions

    Valerie Amezcua
    Valerie AmezcuaVoted no

    Voted against both measures.

    6:22:14
    Phil Bacerra
    Phil BacerraVoted no

    Voted against both measures.

    6:22:14
    David Penaloza
    David PenalozaVoted no

    Seconded the first motion so it could be debated but voted against both measures.

    5:51:28
    Thai Viet Phan
    Thai Viet PhanVoted yes

    Moved the rent stabilization ballot measure.

    5:50:58
    Benjamin Vazquez
    Benjamin VazquezVoted yes

    Voted for both measures, having co-sponsored the noncitizen voting request.

    6:51:09
    Jessie Lopez
    Jessie LopezVoted yes

    Voted for both measures.

    6:22:09
    Johnathan Ryan Hernandez
    Johnathan Ryan HernandezVoted yes

    Voted for both measures, having asked for the noncitizen voting question in September.

    6:51:09
  4. 04

    The ordinance requiring a two-thirds vote for future changes to the rent ordinance also passed its second reading four votes to three.

    5:48:39
    HousingLand useEnvironment & water
    Explore this issue
    Related agenda item 26

    Final adoption: Ordinance Amending Article XIX of Chapter 8 of the Santa Ana Municipal Code to Require Two-Thirds Approval by all…

    Open agenda item →

    What councilmembers said

    Representative transcript excerpts—not inferred positions.

    David Penaloza
    David PenalozaCouncilmember

    of the municipal code to require two-thirds approval by all members of the city council for certain future amendments for the rent stabilization and just cause eviction. I pulled it just because I firmly believe it is an unnecessary exercise to violate our…

    5:47:23
    Jennifer L. Hall
    Jennifer L. HallCity Clerk

    Thank you. Let's go to the business calendar. Item number 27 is related to the ballot measures. Madam City Attorney, can anyone have a staff report please?

    5:48:48
    Thai Viet Phan
    Thai Viet PhanCouncilmember

    First of all, I would like to thank again all of our staff for the hard work that you did on this item and I would move to approve. Thank you.

    5:48:13
    Valerie Amezcua
    Valerie AmezcuaMayor

    The vote is 4 ayes, 3 nays, nays by Mayor Mesquah, Councilmembers Penaloza and Becerra. Motion carries.

    5:48:39
  5. 05

    The ordinance making it an offence to attend an illegal street race passed its second reading seven votes to nothing.

    5:44:59
    Environment & water
    Explore this issue
    Related agenda item 25

    Final adoption: Ordinance Adding Article XV, Sections 36-706 through 36-710, Entitled "Street Racing and Reckless Driving…

    Open agenda item →

    No named councilmember contribution could be reliably linked to this item.

  6. 06

    Staff reported on the rental registry programme and on the multidisciplinary homelessness response team.

    5:31:13
    Homelessness
    Explore this issue
    Related agenda item 9

    Santa Ana Multidisciplinary Response Team (SMART) Program 2023 Progress Report

    Open agenda item →

    What councilmembers said

    Representative transcript excerpts—not inferred positions.

    Valerie Amezcua
    Valerie AmezcuaMayor

    Thank you. Vote is 7 ayes, no nays. Motion carries.

    5:44:57
    Jennifer L. Hall
    Jennifer L. HallCity Clerk

    Item 16, please.

    5:45:03
  7. 07

    A revised miscellaneous fee schedule passed seven votes to nothing after a public hearing.

    6:57:11
    Explore this issue
    Related agenda item 28

    Public Hearing to Adopt a Resolution to Amend the Miscellaneous Fees Schedule for the Fiscal Year 2023-2024 to Reduce the Planning…

    Open agenda item →

    What councilmembers said

    Representative transcript excerpts—not inferred positions.

    Jennifer L. Hall
    Jennifer L. HallCity Clerk

    Yeah, I wasn't a tiny, but he ditched. He didn't ditch last period. His mother pulled him out of school to come walk with us. But he's a great ambassador for Memorial Park. So thank you, Jesse. I know you're probably not watching. I hope you're not. I hope…

    7:14:56
    Phil Bacerra
    Phil BacerraCouncilmember

    since I've been elected. And then I want to bring up one thing when it comes to, since we've had a lot of political grandstanding tonight, just something that needs to be said. And that is, we keep hearing a lot of rhetoric vilifying the POA. So what is the…

    7:09:22
    Johnathan Ryan Hernandez
    Johnathan Ryan HernandezCouncilmember

    So let's please give the car clubs a big round of applause when you see them because it took leaders like Junior Longoria, leaders from the Orange County Car Club, and everyone else that came together. I want to especially thank Assemblyman David Alvarez out…

    7:02:41
    Thai Viet Phan
    Thai Viet PhanCouncilmember

    more Santa Ana residents, Santa Ana students decide to be attorneys. I also attended the OC Water Summit with the Metropolitan Water District of Southern California, where I sit on the board. And it was a really fantastic opportunity. The Santa Ana team was…

    7:05:31
How this brief was made

The current summaries were prepared during an in-session review of the transcripts. This prototype shows only sentences with a timestamp citation. 0 uncited sentences were withheld from this page.

Focus

Where they differed

Splits in votes or reasoning

Split voteon “Consider Whether to Adopt Resolutions Calling a General Municipal Election for November 5, 2024, Requesting Consolidation with the…”6:51:09

Both November 2024 ballot measures, on the rent ordinance and on noncitizen voting, passed four votes to three on the same split.

Valerie Amezcua
Valerie AmezcuaVoted no6:22:14

Voted against both measures.

Phil Bacerra
Phil BacerraVoted no6:22:14

Voted against both measures.

David Penaloza
David PenalozaVoted no5:51:28

Seconded the first motion so it could be debated but voted against both measures.

Thai Viet Phan
Thai Viet PhanVoted yes5:50:58

Moved the rent stabilization ballot measure.

Benjamin Vazquez
Benjamin VazquezVoted yes6:51:09

Voted for both measures, having co-sponsored the noncitizen voting request.

Jessie Lopez
Jessie LopezVoted yes6:22:09

Voted for both measures.

Johnathan Ryan Hernandez
Johnathan Ryan HernandezVoted yes6:51:09

Voted for both measures, having asked for the noncitizen voting question in September.

Public voice

Recurring resident concerns

Repeated themes only

This section omits one-off remarks. It appears only when several separate public-comment voice tracks return to the same topic, or repeated comments connect a councilmember with criticism or calls for accountability. It is not a representative survey of residents.

Housing17 recurring voice tracks

Several public comments returned to housing.

  • …living paychecks to paycheck and are trying to rely on the Santa Ana rent stabilization to stay within their hometown in their city. And we should further protect rent stabilization however possible. And when other cities in Orange County are…

    3:17:26

  • …Good evening. I'm, my name's Alan Vandervoort. I'm an owner of an apartment complex on North Main in Santa Clara for the last 23 years. Recently, I painted a one-bedroom apartment. It cost me $2,800 to paint that apartment. Three years ago, that…

    3:31:15
Youth & education12 recurring voice tracks

Several public comments returned to youth & education.

  • …election or in an election in that case for anything beyond the school district. San Francisco also provides voters with what's called a right to vote letter. This is a letter that outlines the legal authority that non-citizens have to vote in…

    3:26:07

  • …blocks that way. I walked here tonight with many of our parents and students. This is not the first time I have stood before you and I am here again pleading once again for your assistance and holding OCTA accountable for its OC streetcar project…

    3:34:47
Immigration10 recurring voice tracks

Several public comments returned to immigration.

  • …future, a better future and if you allow people to vote, then the immigration laws do not allow that. You're putting at risk people who are in DACA right now and people who are wanting to become citizens in the future. And if people who are not…

    3:11:59

  • …like Chinese for Affirmative Action and UCI School of Law, their Immigrant Rights Clinic have similarly submitted letters outlining the many ways in which you have the authority to do this. I want to focus on the tools that the City Council…

    3:26:07
How recurring concerns are selected

The prototype groups unidentified speech inside the general public-comment block by transcript voice track. A topic must recur across at least three tracks; criticism involving a named councilmember must recur across at least two. Voice tracks are an approximation and may include interpretation of another speaker, so excerpts remain linked to the recording.

Agenda

Every item

31 items in agenda order

1
Closed Session Items

Closed-session conference with legal counsel

Not located
  • The council met privately about existing litigation against the city.5:31:13
Official agendaSupplied summaryNot located
Full official agenda title

CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code: In re Aqueous Film-Forming Foams Prods. Liability Litigation, United States District Court for the District of South Carolina, Charleston Division, Case No. MDL 2:18-mn-2873-RMG

2
Closed Session Items

Closed-session labor negotiations with city employee organizations

Not located
Labor & workforce
  • The council met privately with its labour negotiator.5:31:13
Official agendaSupplied summaryNot located
Full official agenda title

CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a): Agency Negotiator: Ramon Figueroa, Acting Human Resources Executive Director Employee Organization: Santa Ana Police Officers Association (POA)

3
Closed Session Items

PUBLIC EMPLOYEE EMPLOYMENT/APPOINTMENT pursuant to Government Code §54957 Title: Acting City Manager/Interim City Manager/Permanent…

Not located
  • The council met privately about a public employee appointment, the city manager post having fallen vacant the week before.5:31:13
Official agendaSupplied summaryNot located
Full official agenda title

PUBLIC EMPLOYEE EMPLOYMENT/APPOINTMENT pursuant to Government Code §54957 Title: Acting City Manager/Interim City Manager/Permanent City Manager

1
Ceremonial Presentations

Proclamation presented by Mayor Amezcua to the City’s Code Enforcement Team declaring October 9-13, 2023, as Code Enforcement…

2:46:07
  • Mayor Amezcua presented a proclamation to the city's code enforcement team.5:31:13
Official agendaSupplied summaryClerk timestamp
Full official agenda title

Proclamation presented by Mayor Amezcua to the City’s Code Enforcement Team declaring October 9-13, 2023, as Code Enforcement Officer Appreciation Week

2
Ceremonial Presentations

Proclamation presented by Mayor Pro Tem Lopez to Radiant Futures declaring October 2023 as Domestic Violence Awareness Month

2:53:08
  • Mayor Pro Tem Lopez presented a proclamation to Radiant Futures declaring October Domestic Violence Awareness Month.5:31:13
Official agendaSupplied summaryClerk timestamp
3
Ceremonial Presentations

Proclamation presented by Councilmember Bacerra declaring October 2023 as Filipino American History Month

2:57:10
  • Councilmember Bacerra presented a proclamation declaring October Filipino American History Month.5:31:13
Official agendaSupplied summaryClerk timestamp
4
Staff Presentations

Update from League of California Cities

4:48:07
  • An update from the League of California Cities.5:31:13
Official agendaSupplied summaryMatched to recording
5
Staff Presentations

Rental Registry Program Update

4:48:30
  • An update on the rental registry programme, which went live over the summer.5:31:13
Official agendaSupplied summaryClerk timestamp
6
Consent Calendar

Excused Absences

5:29:44
  • A routine item excusing members who missed earlier meetings, approved with the rest of the consent calendar.5:31:13
Official agendaSupplied summaryConsent blockCity Clerk’s Office
Official recommendation
  1. Excuse the absent members
7
Consent Calendar

Minutes from the Special Closed Session and Regular Meeting of January 17, 2023

5:29:44
  • The written record of the meeting of 17 January 2023.5:31:13
Official agendaSupplied summaryConsent blockCity Clerk’s Office
Official recommendation
  1. Approve minutes
8
Consent Calendar

Appoint Members to the Parks, Recreation and Community Service Commission for a Two-Year Term to Represent Residents 55 and Older

2:43:40
Parks & libraries
  • Appointments to the parks, recreation and community services commission for two year terms.5:31:13
Official agendaSupplied summaryMatched to recordingParks, Recreation, and Community Services
Official recommendation
  1. Appoint Silvia Reyes, Southwest Senior Center, to the Parks, Recreation and Community Service Commission for a two-year term expiring October 31, 2025. Appoint David Dang, Santa Ana Senior Center, to the Parks, Recreation and Community Service Commission for a two-year term expiring October 31, 2025
9
Consent Calendar

Santa Ana Multidisciplinary Response Team (SMART) Program 2023 Progress Report

5:31:36
Homelessness
  • The 2023 progress report on the multidisciplinary homelessness response team.5:31:13
Official agendaSupplied summaryClerk timestampCommunity Development Agency
Official recommendation
  1. Receive and file SMART Program 2023 Progress Report
10
Consent Calendar

Authorize Issuance of the Fiscal Year 2023-24 Request for Proposals for Affordable Homeownership Opportunities; Approve an Update to…

5:29:44
Youth & education
  • Authorisation to issue this year's call for affordable homeownership proposals.5:31:13
Official agendaSupplied summaryConsent blockCommunity Development Agency
Full official agenda title

Authorize Issuance of the Fiscal Year 2023-24 Request for Proposals for Affordable Homeownership Opportunities; Approve an Update to the Down Payment Assistance Program Guidelines; Allocate Additional Funds to Down Payment Assistance

Official recommendation
  1. Authorize the City Manager to issue a Fiscal Year 2023-24 Request for Proposals for Affordable Homeownership Opportunities to solicit proposals for affordable ownership project(s) in the City of Santa Ana with funding from the HOME Investment Partnerships (HOME) Program. Authorize the City Manager to update the City’s Down Payment Assistance Program to include City’s high school loan forgiveness incentive and increase the maximum debt-to-income ratios. Approve an Appropriation Adjustment to recognize $762,979.40 in CalHome Program Re-use Funds and $1,527,020.60 in Inclusionary Housing Funds and appropriate these additional funds to the Down Payment Assistance Program. ( Requires five affirmative votes)
11
Consent Calendar

Award a Blanket Order Contract to Brodart Company for Library Cataloging and Purchase of Collections and Materials for the Santa Ana…

5:29:44
  • A blanket contract with Brodart for library cataloguing and stock.5:31:13
Official agendaSupplied summaryConsent blockLibrary
Full official agenda title

Award a Blanket Order Contract to Brodart Company for Library Cataloging and Purchase of Collections and Materials for the Santa Ana Public Library in an Annual Amount not to Exceed $590,000 (General Fund)

Official recommendation
  1. Award a blanket order contract to Brodart Company for cataloging and purchase of collections and materials for the Santa Ana Public Library, in an annual amount not to exceed $590,000, for a three-year term beginning November 1, 2023 through October 31, 2026, with options for two one-year renewals, subject to non-substantive changes approved by the City Manager and City Attorney
12
Consent Calendar

Approve an agreement with Overdrive, Inc. for digital content hosting and distribution in an amount not to exceed $405,000 and an…

5:29:44
Budget
  • An agreement with Overdrive for digital library content.5:31:13
Official agendaSupplied summaryConsent blockLibrary
Full official agenda title

Approve an agreement with Overdrive, Inc. for digital content hosting and distribution in an amount not to exceed $405,000 and an appropriation adjustment in the amount of $16,639 (General Fund)

Official recommendation
  1. Authorize the City Manager to execute an agreement with Overdrive, Inc. to provide hosting services and digital content in an amount not to exceed $405,000 for a term beginning November 1, 2023 and expiring June 30, 2026, with provision for two, 1-year renewal options, subject to non-substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-XXX)
  2. Approve an appropriation adjustment to recognize $16,639 in California State Library California Library Services Act funds in the miscellaneous income revenue account and appropriate the same amount into the Library Tech & Support Services, Computer Software Subscriptions expenditure account. (Requires five affirmative votes)
13
Consent Calendar

Approve an Agreement with The Library Corporation (TLC) for a Library Automation System and Hosting Services in an Amount not to…

5:29:44
  • An agreement with The Library Corporation for the library automation system and hosting.5:31:13
Official agendaSupplied summaryConsent blockLibrary
Full official agenda title

Approve an Agreement with The Library Corporation (TLC) for a Library Automation System and Hosting Services in an Amount not to Exceed $179,439 (General Fund)

Official recommendation
  1. Authorize the City Manager to execute an agreement with The Library Corporation to provide a library automation system and hosting services in an amount not to exceed $179,439 for a term beginning November 1, 2023 and expiring June 30, 2026, with provision for two, 1-year renewal options, subject to non-substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-XXX)
14
Consent Calendar

Approve an agreement with United States Geological Survey at the Santa Ana Zoo

5:29:44
Parks & libraries
  • An agreement with the United States Geological Survey at the zoo.5:31:13
Official agendaSupplied summaryConsent blockParks, Recreation, and Community Services
Official recommendation
  1. Authorize the City Manager to execute an agreement with the United States Geological Survey Western Ecological Resource Center, to provide conservation programs for a five-year period, subject to non-substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-XXX)
15
Consent Calendar

Award Purchase Order for Jones Forest Products, LLC for Two Holiday Trees for the Winter Village and Downtown Santa Ana…

5:29:44
Parks & libraries
  • A purchase order for two holiday trees for the Winter Village and downtown.5:31:13
Official agendaSupplied summaryConsent blockParks, Recreation, and Community Services
Full official agenda title

Award Purchase Order for Jones Forest Products, LLC for Two Holiday Trees for the Winter Village and Downtown Santa Ana (Specification No.23-163) (General Fund)

Official recommendation
  1. Authorize a one-time purchase and payment of Purchase Order to Jones Forest Products, LLC for the procurement, installation, decoration, and removal of two holiday trees for Winter Village and Downtown Santa Ana in the amount of $59,500, plus a contingency of $5,950, for a total amount not to exceed $65,450, subject to non-substantive changes approved by the City Manager and City Attorney
16
Consent Calendar

Agreement with Moore, Iacofano, Goltsman, Inc. (MIG) for the Comprehensive Zoning Code Update in an Amount not to Exceed $1,574,515…

5:45:16
Land use
  • An agreement with Moore, Iacofano, Goltsman for a comprehensive rewrite of the zoning code.5:47:07
  • It passed seven votes to nothing.5:47:07
Official agendaSupplied summaryClerk timestampPlanning and Building Agency
Full official agenda title

Agreement with Moore, Iacofano, Goltsman, Inc. (MIG) for the Comprehensive Zoning Code Update in an Amount not to Exceed $1,574,515 (Specification No. 23-010) (General Fund and Non-General Fund)

Official recommendation
  1. Authorize the City Manager to make all conforming edits and execute a Professional Service Agreement with Moore, Iacofano, Goltsman, Inc. (MIG) for the Comprehensive Zoning Code Update in an amount not to exceed $1,574,515, which includes a contingency amount of $50,000 and optional tasks totaling $95,700, for a two-year term beginning on October 17, 2023, and expiring on October 31, 2025, with provisions for one two-year extension, subject to non-substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-XXX)
17
Consent Calendar

Approve a Cooperative Agreement with Orange County Transportation Authority for the Countywide Signal Synchronization Baseline…

5:29:44
  • A cooperative agreement with the county transport authority for countywide signal synchronisation.5:31:13
Official agendaSupplied summaryConsent blockPublic Works Agency
Full official agenda title

Approve a Cooperative Agreement with Orange County Transportation Authority for the Countywide Signal Synchronization Baseline Project, for a Term Effective Until December 31, 2028 (Non-General Fund)

Official recommendation
  1. Authorize the City Manager to execute a Cooperative Agreement with Orange County Transportation Authority identifying the City’s role and responsibilities to implement the countywide signal synchronization baseline project, effective upon full approval of the agreement by all parties through December 31, 2028, with the option to be extended, subject to non-substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-XXX)
18
Consent Calendar

Approve Appropriation Adjustments and Award a Construction Contract to C.S. Legacy Construction, Inc. in the Amount of $1,598,202…

5:29:44
BudgetHousingLand use
  • Appropriations and a construction contract with C S Legacy Construction.5:31:13
Official agendaSupplied summaryConsent blockPublic Works Agency
Full official agenda title

Approve Appropriation Adjustments and Award a Construction Contract to C.S. Legacy Construction, Inc. in the Amount of $1,598,202 for the King Street Urban Greening Project with an Estimated Construction Delivery Cost of $1,918,240 (Project No. 23-6625) (Non-General Fund)

Official recommendation
  1. Approve an appropriation adjustment to recognize $275,000 of prior year fund balance in the Federal Clean Water Protection fund, Prior-Year Carryforward revenue account (No. 05717002-50001) and appropriate the same amount into the Federal Clean Water Protection Enterprise, Improvements Other Than Building expenditure account. (Requires five affirmative votes)
  2. Approve an appropriation adjustment to recognize $300,000 of prior-year fund balance in the Residential Development District 1, Park Acquisition & Development Fees, Prior Year Carryforward revenue account (No. 31113002-50001) and appropriate the same amount into the Residential Development District 1, Improvements Other Than Building expenditure account. (Requires five affirmative votes)
  3. Approve an amendment to the Fiscal Year 2023-24 Capital Improvement Program to add $275,000 of Federal Clean Water Protection Enterprise funding and $300,000 of Residential Development District 1, Park Acquisition & Development funding for the King Street Urban Greening Project (23-6625)
  4. Award a construction contract to C.S. Legacy Construction, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $1,598,202, subject to change orders (not to exceed 25 percent of the base bid amount) in accordance with the Greenbook: Standard Specifications for Public Works Construction, for construction of the King Street Urban Greening Project, for the term beginning October 17, 2023 and ending upon project completion, and authorize the City Manager to execute the contract subject to non-substantive changes approved by the City Manager and the City Attorney
  5. Approve the Project Cost Analysis for a total estimated construction delivery cost of $1,918,240, which includes $1,598,202 for the construction contract, $159,820 for contract administration, inspection, and testing, and a $160,218 project contingency for unanticipated or unforeseen work
  6. Determine that the recommended actions are exempt from further review in accordance with the California Environmental Quality Act (“CEQA”) as Categorical Exemption Environmental Review No. ER-2023-73 was filed for this project
19
Consent Calendar

Award a Construction Contract to All American Asphalt in the Amount of $1,899,983 for the 17th Street Rehabilitation, with an…

5:29:44
Bristol StreetLand useTransportation
  • A construction contract of $1,899,983 with All American Asphalt to rehabilitate 17th Street.5:31:13
Official agendaSupplied summaryConsent blockPublic Works Agency
Full official agenda title

Award a Construction Contract to All American Asphalt in the Amount of $1,899,983 for the 17th Street Rehabilitation, with an Estimated Project Delivery Cost of $2,374,980 (Project No. 21-6979 & 21-6980) (Non-General Fund)

Official recommendation
  1. Authorize budget reallocation of $671,980 in unspent Roadway Maintenance and Rehabilitation Account (SB-1) funds from the Fairview Rehabilitation from South City Limits to Segerstrom Avenue Improvement (No. 21-6978) Project to complete the project funding requirement as follows: $335,990 to be allocated to 17th Street Rehabilitation, Bristol to Flower (No.21-6979) Project and $335,990 to be allocated to 17th Street Rehabilitation, Fairview to Bristol (No. 21-6980) Project
  2. Award a construction contract to All American Asphalt, the lowest responsible bidder, in accordance with the base bid in the amount of $1,899,983, subject to change orders (not to exceed 25 percent of the base bid amount) in accordance with the Greenbook: Standard Specifications for Public Works Construction, for construction of the 17th Street Rehabilitation Project, for a term beginning October 17, 2023, and ending upon project completion, and authorize the City Manager to execute the contract subject to non-substantive changes approved by the City Manager and the City Attorney
  3. Approve the Project Cost Analysis for a total estimated construction delivery cost of $2,374,980, which includes $1,899,676 for the construction contract, $284,998 for contract administration, inspection, and testing, and a $189,999 project contingency for unanticipated or unforeseen work
  4. Approve an amendment to the FY 2023-24 Capital Improvement Program to include $671,980 in construction funds for the 17th Street Rehabilitation Project (Project No. 21-6979, 21-6980)
  5. Determine that the recommended actions are exempt from further review in accordance with the California Environmental Quality Act (“CEQA”) as Categorical Exemption Environmental Review No. ER-2021-48 was filed for this project
20
Consent Calendar

Amend the Agreement with Service First Fountains to Increase the Contract Amount Annually by $50,000 and Extend the Term by Two…

5:29:44
  • An extra $50,000 a year for Service First Fountains.5:31:13
Official agendaSupplied summaryConsent blockPublic Works Agency
Full official agenda title

Amend the Agreement with Service First Fountains to Increase the Contract Amount Annually by $50,000 and Extend the Term by Two Years for Fountain Maintenance and Repair Services (General Fund)

Official recommendation
  1. Authorize the City Manager to execute a first amendment to the agreement with Service First Fountains to provide scheduled fountain maintenance and repair services, increasing the annual amount by $50,000 for a new annual amount not to exceed $167,000 and extend the term by two years until December 31, 2025, subject to non-substantive changes approved by the City Manager and the City Attorney (Agreement No. 2023-XXX)
21
Consent Calendar

Approve an Appropriation Adjustment and Award Site License and Lease Agreements to Pacific Coast Shuttles, LLC, DBA Futura Bus Net…

5:29:44
Budget
  • An appropriation and site licence and lease agreements with Pacific Coast Shuttles.5:31:13
Official agendaSupplied summaryConsent blockPublic Works Agency
Full official agenda title

Approve an Appropriation Adjustment and Award Site License and Lease Agreements to Pacific Coast Shuttles, LLC, DBA Futura Bus Net, Inc., for Bus Passenger Services at the Santa Ana Regional Transportation Center

Official recommendation
  1. Authorize the City Manager to execute a site license agreement with Pacific Coast Shuttles, LLC, DBA Futura Bus Net, Inc. to compensate the City $2,500 per month for the rental of one bus bay for bus passenger services at the Santa Ana Regional Transportation Center, for a six-month term beginning November 1, 2023, and ending April 30, 2024, with the option of four consecutive, one-year renewal periods exercisable by the City Manager, subject to non-substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-XXX)
  2. Authorize the City Manager to execute a site lease agreement with Pacific Coast Shuttles, LLC, DBA Futura Bus Net, Inc. to compensate the City $1,500 per month for ticket counter office space for bus passenger services at the Santa Ana Regional Transportation Center, for a six-month term beginning November 1, 2023, and ending April 30, 2024, with the option of four consecutive, one-year renewal periods exercisable by the City Manager, subject to non-substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-XXX)
  3. Approve an appropriation adjustment recognizing Fiscal Year 2023-24 lease income in the amount of $24,000 into the Public Works Agency – Santa Ana Regional Transportation Center Operations, Rental Pacific Coast Shuttle revenue account and appropriating the same amount to the Public Works Agency- Santa Ana Regional Transportation Center Operations, Contract Services-Professional expenditure account. (Requires five affirmative votes)
22
Consent Calendar

Adopt a Resolution to Add Positions in the City Attorney’s Office and the Public Works Agency. (Revised 10/16/2023)

2:42:40
Budget
  • A resolution adding posts in the city attorney's office and the public works agency.5:31:13
Official agendaSupplied summaryMatched to recordingFinance and Management Services
Official recommendation
  1. Adopt a resolution that amends the Fiscal Year 2023-24 Annual Budget to add one (1) position in the City Attorney’s Office and two (2) positions in the Public Works Agency, which increases the total authorized headcount from 1,395 to 1,398. RESOLUTION NO. 2023-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO AMEND THE CURRENT FISCAL YEAR 2023-2024 ANNUAL BUDGET TO ADD FULL-TIME POSITIONS IN THE CITY ATTORNEY’S OFFICE AND PUBLIC WORKS AGENCY
23
Consent Calendar

Density Bonus Agreement No. 2023-01 to facilitate the construction of a rental residential development consisting of fifteen…

4:47:44
HousingLand use
  • A density bonus agreement for a rental residential development.5:31:13
Official agendaSupplied summaryMatched to recordingPlanning and Building Agency
Full official agenda title

Density Bonus Agreement No. 2023-01 to facilitate the construction of a rental residential development consisting of fifteen apartment units, with one unit proposed as affordable to very low-income households

Official recommendation
  1. Adopt a resolution approving Density Bonus Agreement No. 2023-01 as conditioned. RESOLUTION NO. 2023-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF SANTA ANA APPROVING THE DENSITY BONUS AGREEMENT NO. 2023-01 AS CONDITIONED FOR A NEW RENTAL RESIDENTIAL DEVELOPMENT WITH FIFTEEN UNITS FOR THE PROPERTY LOCATED AT 1212 E. FOURTH STREET (APN: 398-385-02)
  2. Authorize the City Manager to execute a Density Bonus Agreement with Unison Real Estate Group, LLC, for a 55-year term, for a rental residential development consisting of fifteen apartment units, with one unit proposed as affordable to very low-income households, at 1212 E. Fourth Street, subject to non-substantive changes approved by the City Manager and City Attorney
24
Consent Calendar

Adopt a Resolution and Approve Appropriation Adjustment and Agreement Accepting Fiscal Year 2022 Urban Areas Security Initiative…

5:29:44
Budget
  • A resolution, appropriation and agreement accepting federal urban area security money.5:31:13
Official agendaSupplied summaryConsent blockPolice Department
Full official agenda title

Adopt a Resolution and Approve Appropriation Adjustment and Agreement Accepting Fiscal Year 2022 Urban Areas Security Initiative Grant Program Funds (Non-General Fund)

Official recommendation
  1. Adopt a resolution authorizing the City Manager and the Chief of Police, or their designee(s), to enter into an agreement with the City of Anaheim for the FY 2022 Urban Areas Security Initiative Grant Program. RESOLUTION NO. 2023-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE CITY MANAGER AND THE CHIEF OF POLICE OR THEIR DESIGNEE(S) TO ENTER INTO AN AGREEMENT WITH THE CITY OF ANAHEIM FOR THE FY2022 URBAN AREA SECURITY INITIATIVE FUNDING PROGRAM
  2. Approve an Appropriation Adjustment recognizing $1,822,800 in grant revenue from the FY 2022 Urban Area Security Initiative funding program revenue account and appropriate same to the FY 2022 Urban Area Security Initiative Program Grant expenditures accounts. (Requires five affirmative votes)
  3. Authorize the City Manager and the Chief of Police to execute an agreement with the City of Anaheim accepting the FY 2022 Urban Areas Security Initiative Grant Program in the amount of $1,822,800 for the period of August 9, 2023 through March 31, 2025, subject to non-substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-XXX)
25
Consent Calendar

Final adoption: Ordinance Adding Article XV, Sections 36-706 through 36-710, Entitled "Street Racing and Reckless Driving…

5:31:18
Environment & water
  • Second reading of the ordinance making it an offence to knowingly attend or assist at an illegal street race or reckless driving exhibition.5:44:59
  • It passed seven votes to nothing.5:45:01
Official agendaSupplied summaryMatched to recordingCity Attorney Office
Full official agenda title

Second Reading of Ordinance Adding Article XV, Sections 36-706 through 36-710, Entitled "Street Racing and Reckless Driving Exhibitions Prohibited" to the Santa Ana Municipal Code First reading at the October 3, 2023 City Council meeting and approved by a vote of 6-1 (Hernandez dissenting). Published in the Orange County Reporter on October 9, 2023

Official recommendation
  1. Conduct a second reading and adopt ordinance adding Article XV, Sections 36-706 through 36-710, Entitled "Street Racing and Reckless Driving Exhibitions Prohibited" to the Santa Ana Municipal Code. ORDINANCE NO. NS-3051 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADDING A NEW ARTICLE XV TO CHAPTER 36 OF THE SANTA ANA MUNICIPAL CODE TO PROHIBIT SPECTATORS AT A STREET RACE OR RECKLESS DRIVING EXHIBITION (includes determination that this ordinance is not subject to the California Environmental Quality Act under California Code of Regulations, Title 14, Section 15060, subdivision (c)(2), because the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment nor under subdivision (c)(3) because the activity has no potential for resulting in physical change to the environment, directly or indirectly and so is not a project)
26
Consent Calendar

Final adoption: Ordinance Amending Article XIX of Chapter 8 of the Santa Ana Municipal Code to Require Two-Thirds Approval by all…

5:47:20
HousingLand useEnvironment & water
  • Second reading of the ordinance requiring a two-thirds vote of all members for certain future changes to the rent stabilization and just cause eviction ordinance.5:48:25
  • It passed four votes to three, with Mayor Amezcua, Councilmember Penaloza and Councilmember Bacerra against.5:48:39
Official agendaSupplied summaryClerk timestampCity Attorney Office
Full official agenda title

Second Reading of Ordinance Amending Article XIX of Chapter 8 of the Santa Ana Municipal Code to Require Two-Thirds Approval by all Members of the City Council for Certain Future Amendments First reading at the October 3, 2023 City Council meeting and approved by a vote of 4-3 (Bacerra, Penaloza, and Amezcua dissenting). Published in the Orange County Reporter on October 9, 2023

Official recommendation
  1. Conduct a second reading and adopt ordinance amending Article XIX of Chapter 8 of the Santa Ana Municipal Code to Require Two-Thirds Approval by all Members of the City Council for Certain Future Amendments. ORDINANCE NO. NS-3052 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING ARTICLE XIX OF CHAPTER 8 OF THE SANTA ANA MUNICIPAL CODE PERTAINING TO THE RENT STABILIZATION AND JUST CAUSE EVICTION ORDINANCES TO REQUIRE TWO-THIRDS APPROVAL BY ALL MEMBERS OF THE CITY COUNCIL FOR CERTAIN FUTURE AMENDMENTS (includes determination that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines because it will not have a direct or reasonably foreseeable indirect physical change in the environment as it is not a “project” as defined in section 15378 of the State CEQA Guidelines)
27
Business Calendar

Consider Whether to Adopt Resolutions Calling a General Municipal Election for November 5, 2024, Requesting Consolidation with the…

5:48:58
HousingGovernanceLand use
Split voteSee member positions →
  • Resolutions calling a general municipal election for 5 November 2024 and putting two questions to the voters, brought together because both need the same election.5:48:59
  • Councilmember Phan moved the first, asking voters to adopt the rent stabilization and just cause eviction ordinance, and Councilmember Penaloza seconded so it could be debated.5:50:58
  • It passed four votes to three, with Mayor Amezcua, Councilmember Bacerra and Councilmember Penaloza against.6:22:09
  • The second question, whether to permit noncitizen voting in municipal elections, drew warnings that the county registrar will not run such elections and that nobody has said who would register the voters.5:53:28
  • It also passed four votes to three.6:51:09
Official agendaSupplied summaryClerk timestampCity Attorney Office
Full official agenda title

Consider Whether to Adopt Resolutions Calling a General Municipal Election for November 5, 2024, Requesting Consolidation with the Statewide General Election, and Placing Ballot Measures Before the Voters Asking Whether to 1) Adopt a Rent Stabilization and Just Cause Eviction Ordinance and 2) Whether to Permit Noncitizen Voting in Municipal Elections

Official recommendation
  1. Consider the following options: Take no action; OR Adopt a resolution calling and giving notice of a General Municipal Election to be held in the City of Santa Ana on November 5, 2024 for the submission of a ballot measure to the qualified voters proposing a Rent Stabilization and Just Cause Eviction Ordinance and requesting the Orange County Board of Supervisors to consolidate this election with the Statewide General Election. RESOLUTION NO. 2023-XXX – A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CALLING AND GIVING NOTICE OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN THE CITY OF SANTA ANA ON NOVEMBER 5, 2024 FOR THE SUBMISSION OF A BALLOT MEASURE TO THE QUALIFIED VOTERS PROPOSING A RENT STABILIZATION AN JUST CAUSE EVICTION ORDINANCE AND REQUESTING THE ORANGE COUNTY BOARD OF SUPERVISORS TO CONSOLIDATE THIS ELECTION WITH THE STATEWIDE GENERAL ELECTION (includes determination that this Resolution is not subject to the California Environmental Quality Act (CEQA) pursuant to sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, as there is no possibility it will have a significant effect on the environment and it is not a “project,” as defined in section 15378 of the State CEQA Guidelines. Furthermore, the Resolution falls within the “common sense” CEQA exemption set forth in CEQA Guidelines section 15061(b)(3), excluding projects where “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/OR Adopt a resolution calling and giving notice of a General Municipal Election to be held in the City of Santa Ana on November 5, 2024 for the Submission of a ballot measure to the qualified voters asking if the City of Santa Ana should permit noncitizen voting in City municipal elections at which municipal officers are elected and requesting the Orange County Board of Supervisors to consolidate this election with the Statewide General Election. RESOLUTION NO. 2023-XXX- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CALLING AND GIVING NOTICE OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN THE CITY OF SANTA ANA ON NOVEMBER 5, 2024 FOR THE SUBMISSION OF A BALLOT MEASURE TO THE QUALIFIED VOTERS ASKING IF THE CITY OF SANTA ANA SHOULD PERMIT NONCITIZEN VOTING IN CITY MUNICIPAL ELECTIONS AT WHICH MUNICIPAL OFFICERS ARE ELECTED AND REQUESTING THE ORANGE COUNTY BOARD OF SUPERVISORS TO CONSOLIDATE THIS ELECTION WITH THE STATEWIDE GENERAL ELECTION (includes determination that this Resolution is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, as there is no possibility it will have a significant effect on the environment and it is not a “project,” as defined in Section 15378 of the State CEQA Guidelines. Furthermore, the Resolution falls within the “common sense” CEQA exemption set forth in CEQA Guidelines Section 15061(b)(3), excluding projects where “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.”)
28
Public Hearings Public Comments

Public Hearing to Adopt a Resolution to Amend the Miscellaneous Fees Schedule for the Fiscal Year 2023-2024 to Reduce the Planning…

6:52:17
  • A hearing on amending the miscellaneous fee schedule for 2023-24.6:57:11
  • It passed seven votes to nothing.6:57:14
Official agendaSupplied summaryClerk timestampPlanning and Building Agency
Full official agenda title

Public Hearing to Adopt a Resolution to Amend the Miscellaneous Fees Schedule for the Fiscal Year 2023-2024 to Reduce the Planning and Building Agency Review Fee for Accessory Dwelling Unit Applications and to Create a New Review Fee for Accessory Dwelling Unit Applications Utilizing Pre-Approved Plans Legal notice published in the Orange County Reporter on October 4 and October 11, 2023

Official recommendation
  1. Adopt a resolution amending the Fiscal Year 2023-2024 Miscellaneous Fees Schedule to reduce the Planning and Building Agency accessory dwelling unit review fee from $2,609 to $1,701 and to establish a new review fee of $460 for accessory dwelling unit applications utilizing pre-approved plans. RESOLUTION NO. 2023-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REDUCING THE FEE FOR ACCESSORY DWELLING UNIT APPLICATION REVIEW FROM TWO THOUSAND SIX HUNDRED NINE DOLLARS ($2,609) TO ONE THOUSAND SEVEN HUNDRED ONE DOLLARS($1,701) AND ESTABLISHING THE FEE FOR PRE-APPROVED ACCESSORY DWELLING UNIT APPLICATION REVIEW AT FOUR HUNDRED SIXTY DOLLARS ($460)
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