19November
2024
Regular City Council Meeting · One key issue

This meeting ran past two in the morning and carried the heaviest agenda of the year.

Check this moment · 8:12:29
8.2 hours 40 agenda items 37 located in video 52% attributed to a named speaker
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Brief

What happened

Tuesday, November 19, 2024

  1. 01

    The council did not adopt the new ordinance restricting camping, sleeping and storing property on public land that it had been asked to pass, written after the Supreme Court's decision in Grants Pass v Johnson.

    3:42:01
    Explore this issue
    Related agenda item 32

    Ordinance Adding Article XIV to Chapter 10 (Crimes and Miscellaneous Law Enforcement Provision) and Amending Related Sections in…

    Open agenda item →

    Member positions

    Benjamin Vazquez
    Benjamin VazquezOpposed

    Cast the only vote against holding the item over.

    5:13:45
    Jessie Lopez
    Jessie LopezRaised concerns

    Objected that the ordinance would mean jailing a family found sleeping in a car.

    4:48:41
    David Penaloza
    David PenalozaSupported

    Moved to continue it, saying the council was rewriting the whole ordinance on the dais and staff should produce a clean redline first.

    4:53:36
  2. 02

    Members spent close to two hours rewriting it from the dais before voting six to one to hold it over to 17 December, with Councilmember Vazquez against.

    5:13:28
    Explore this issue
    Related agenda item 32

    Ordinance Adding Article XIV to Chapter 10 (Crimes and Miscellaneous Law Enforcement Provision) and Amending Related Sections in…

    Open agenda item →

    Member positions

    Benjamin Vazquez
    Benjamin VazquezOpposed

    Cast the only vote against holding the item over.

    5:13:45
    Jessie Lopez
    Jessie LopezRaised concerns

    Objected that the ordinance would mean jailing a family found sleeping in a car.

    4:48:41
    David Penaloza
    David PenalozaSupported

    Moved to continue it, saying the council was rewriting the whole ordinance on the dais and staff should produce a clean redline first.

    4:53:36
  3. 03

    The council then took up the outside investigation into Councilmember Hernandez, which had sustained findings about his conduct towards city staff.

    5:33:51
    Explore this issue
    Related agenda item 33

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

    Open agenda item →

    Member positions

    Jessie Lopez
    Jessie LopezVoted no

    Said the council picks and chooses when to punish publicly, and that others on the dais had been recorded disrespecting staff.

    5:40:51
    Phil Bacerra
    Phil BacerraRaised concerns

    Backed the motion but wanted a formal censure and removal from boards and committees, as the code of ethics prescribes.

    5:39:42
    Johnathan Ryan Hernandez
    Johnathan Ryan HernandezAbstained

    Abstained on the findings about his own conduct.

    5:42:47
    Thai Viet Phan
    Thai Viet PhanVoted yes

    Moved the remedy actually adopted, while stressing that the most serious allegation had not been sustained.

    5:41:39
    David Penaloza
    David PenalozaVoted yes

    Seconded it and asked the whole council to treat it as a learning experience.

    5:31:38
  4. 04

    It voted to receive the report, require him to take training on working with staff and bar him from serving as Mayor Pro Tem for a year.

    5:41:39
    Explore this issue
    Related agenda item 33

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

    Open agenda item →

    Member positions

    Jessie Lopez
    Jessie LopezVoted no

    Said the council picks and chooses when to punish publicly, and that others on the dais had been recorded disrespecting staff.

    5:40:51
    Phil Bacerra
    Phil BacerraRaised concerns

    Backed the motion but wanted a formal censure and removal from boards and committees, as the code of ethics prescribes.

    5:39:42
    Johnathan Ryan Hernandez
    Johnathan Ryan HernandezAbstained

    Abstained on the findings about his own conduct.

    5:42:47
    Thai Viet Phan
    Thai Viet PhanVoted yes

    Moved the remedy actually adopted, while stressing that the most serious allegation had not been sustained.

    5:41:39
    David Penaloza
    David PenalozaVoted yes

    Seconded it and asked the whole council to treat it as a learning experience.

    5:31:38
  5. 05

    That passed four votes to two, with Councilmembers Lopez and Vazquez against and Councilmember Hernandez abstaining.

    5:42:39
    Explore this issue
    Related agenda item 33

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

    Open agenda item →

    Member positions

    Jessie Lopez
    Jessie LopezVoted no

    Said the council picks and chooses when to punish publicly, and that others on the dais had been recorded disrespecting staff.

    5:40:51
    Phil Bacerra
    Phil BacerraRaised concerns

    Backed the motion but wanted a formal censure and removal from boards and committees, as the code of ethics prescribes.

    5:39:42
    Johnathan Ryan Hernandez
    Johnathan Ryan HernandezAbstained

    Abstained on the findings about his own conduct.

    5:42:47
    Thai Viet Phan
    Thai Viet PhanVoted yes

    Moved the remedy actually adopted, while stressing that the most serious allegation had not been sustained.

    5:41:39
    David Penaloza
    David PenalozaVoted yes

    Seconded it and asked the whole council to treat it as a learning experience.

    5:31:38
  6. 06

    An appeal against a tall structure in a rear yard on North Heliotrope Drive was denied six votes to one.

    7:06:47
    Explore this issue
    Related agenda item 34

    Public hearing: Appeal Application No. 2024-01, Appealing the Decision of the Planning Commission to Approve Conditional Use Permit…

    Open agenda item →

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

  7. 07

    The council re-adopted its ban on short-term rentals six votes to one, after a legal challenge to how the original ordinance was passed.

    7:53:14
    Explore this issue
    Related agenda item 35

    Public hearing: Conduct a First Reading and Adopt Ordinance Amendment (OA) No. 2024-04 Repealing and Reenacting in its Entirety…

    Open agenda item →

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

  8. 08

    It also named the new park between Fairview and King Streets La Artista, Artesia Pilar Park.

    3:38:18
    Explore this issue
    Related agenda item 15

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

    Open agenda item →

    What councilmembers said

    Representative transcript excerpts—not inferred positions.

    Valerie Amezcua
    Valerie AmezcuaMayor

    discipline art no there they go everywhere I've had to call the police to say hey this guy's hooking in cars in my neighborhood. He's up to something. They come out, he had a warrant. And I hope that our constituents watching at home and those of you that are…

    4:06:27
    Alvaro Nuñez
    Alvaro NuñezCity Manager

    Thank you, Mayor. So as to the enforcement on page 12 of 17, Section 10-852D, I do obviously I suggested the shall offer resources right but I want to make sure if they're Santa Ana residents so shall offer resources of their Santa Ana residents because when…

    4:54:24
    Phil Bacerra
    Phil BacerraCouncilmember

    public areas clean and available for public use and to ensure access by the public to all property both public and private by the disabled, elderly, families, children, and visitors to the city of Santa Ana. I believe that this ordinance will help us achieve…

    3:46:22
    Jessie Lopez
    Jessie LopezCouncilmember

    publicly of being told that they do a lot, more than every other city, right? We didn't back down like Irvine when we announced that we were going to build a shelter. We don't bust other people to the county meetings. We don't bust our own residents to try and…

    4:45:17
  9. 09

    The meeting was adjourned in honour of former mayor and congressman Jerry Patterson.

    8:12:29
    Explore this issue
    Related agenda item 37

    Discuss and Consider Directing the City Manager, City Attorney, and City Clerk to Prepare an Ordinance Prohibiting Contracts with…

    Open agenda item →

    What councilmembers said

    Representative transcript excerpts—not inferred positions.

    David Penaloza
    David PenalozaCouncilmember

    No, there's nothing wrong with it. I wish I could buy a home one day, hopefully, God willing. But I will say that because of the subject that the county was pertaining to discretionary funds, I know that we don't have a lot of discretionary funds. we get…

    8:10:44
    Valerie Amezcua
    Valerie AmezcuaMayor

    Mr. City Manager, I also remember I sent you, or I think I just went in your office and asked that we're also, So as a city, looking into all the contracts that we have, nonprofits, and who we're doing business with, so we don't end up on the front page of the…

    8:11:49
    Jessie Lopez
    Jessie LopezCouncilmember

    entire page because I expect that everybody here has read it but this item is basically to discuss and consider directing you to come back with the ordinance prohibiting contracts with city officials and their immediate family members I've attached a couple of…

    8:08:39
    Phil Bacerra
    Phil BacerraCouncilmember

    All right. Madam Mayor, I'd like to just say one thing. We had a passing recently of our former mayor and former congressman, Jerry Patterson. And I'd like to ask that we adjourn tonight's meeting, or this morning's meeting now, in his honor.

    8:12:20
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

Different reasoningon “Ordinance Adding Article XIV to Chapter 10 (Crimes and Miscellaneous Law Enforcement Provision) and Amending Related Sections in…”5:13:45

The ordinance restricting sleeping and storing property in public was rewritten from the dais for the best part of two hours and then held over. Councilmember Vazquez was alone in voting against the delay.

Benjamin Vazquez
Benjamin VazquezOpposed5:13:45

Cast the only vote against holding the item over.

Jessie Lopez
Jessie LopezRaised concerns4:48:41

Objected that the ordinance would mean jailing a family found sleeping in a car.

David Penaloza
David PenalozaSupported4:53:36

Moved to continue it, saying the council was rewriting the whole ordinance on the dais and staff should produce a clean redline first.

Split voteon “Investigation Regarding Councilmember Johnathan Ryan Hernandez (Continued from the Special Meeting of October 28, 2024; Item No. 1)”5:42:39

The council split three ways on what to do about the sustained findings against Councilmember Hernandez. The majority backed training and a year's ineligibility for Mayor Pro Tem, Councilmember Bacerra wanted a censure on top, and Councilmember Lopez objected that the council punishes selectively.

Jessie Lopez
Jessie LopezVoted no5:40:51

Said the council picks and chooses when to punish publicly, and that others on the dais had been recorded disrespecting staff.

Phil Bacerra
Phil BacerraRaised concerns5:39:42

Backed the motion but wanted a formal censure and removal from boards and committees, as the code of ethics prescribes.

Johnathan Ryan Hernandez
Johnathan Ryan HernandezAbstained5:42:47

Abstained on the findings about his own conduct.

Thai Viet Phan
Thai Viet PhanVoted yes5:41:39

Moved the remedy actually adopted, while stressing that the most serious allegation had not been sustained.

David Penaloza
David PenalozaVoted yes5:31:38

Seconded it and asked the whole council to treat it as a learning experience.

Different reasoningon “Discuss and Consider Directing the City Manager, City Attorney, and City Clerk to Draft a Resolution Issuing a Formal Apology to the…”8:08:10

Mayor Amezcua broke with colleagues over apologising to the Vargas family, saying the city should stop revisiting the past, while three members argued an apology was not an attack on the police department.

Valerie Amezcua
Valerie AmezcuaOpposed8:07:56

Said she would not support it and that the city has to move forward rather than keep going back.

Benjamin Vazquez
Benjamin VazquezSupported8:04:55

Brought the item and said reflecting on past conduct is how a city and its police department improve.

Jessie Lopez
Jessie LopezSupported8:06:18

Said backing an apology is not the same as attacking the department, and pointed to the mother who spoke in tears.

Johnathan Ryan Hernandez
Johnathan Ryan HernandezSupported7:57:17

Supported it and sent condolences to the family.

Agenda

Every item

40 items in agenda order

1
Closed Session Items

Closed-session conference with legal counsel

Not located
  • The council met privately on existing litigation, a federal case brought against the city by Share Our Selves Corporation.4:57
  • A member announced they would abstain from it because the organisation is a client of their employer.5:07
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: 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
Closed Session Items

Closed-session labor negotiations with city employee organizations

Not located
  • The council met privately with its labour negotiator about bargaining with Service Employees International Union Local 721, covering part-time staff.4:57
Official agendaSupplied summaryNot located
Full official agenda title

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

3
Closed Session Items

Closed-session public employee appointment

Not located
  • The council met privately about appointing an Independent Oversight Director to the Santa Ana Police Oversight Commission.4:57
Official agendaSupplied summaryNot located
Full official agenda title

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

1
Ceremonial Presentations

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

2:25:26
  • Mayor Amezcua presented a proclamation to the National Hispanic Business Women Association marking National Women's Small Business Month.2:26:40
Official agendaSupplied summaryClerk timestamp
Full official agenda title

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

2
Ceremonial Presentations

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

2:36:17
  • Councilmember Bacerra presented a proclamation to Hands Together, a centre for children, on its 25-year anniversary.2:36:21
Official agendaSupplied summaryClerk timestamp
3
Ceremonial Presentations

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

2:46:30
  • Councilmember Lopez presented a certificate of recognition to Hope Builders for its work in the community.2:46:42
Official agendaSupplied summaryClerk timestamp
4
Consent Calendar

Excused Absences

3:22:18
  • A routine item excusing members who missed earlier meetings.3:24:48
Official agendaSupplied summaryMatched to recordingCity Clerk’s Office
Official recommendation
  1. Excuse the absent members
5
Consent Calendar

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

3:22:18
  • The council approved the written record of its meetings of 1 and 15 October and the special meeting of 28 October 2024.3:24:48
Official agendaSupplied summaryConsent blockCity Clerk’s Office
Full official agenda title

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

Official recommendation
  1. Approve minutes
6
Consent Calendar

Appoint Alexandra Cheney Nominated by Councilmember Penaloza as the Ward 6 Representative to the Environmental and Transportation…

3:22:18
  • The council appointed Alexandra Cheney, nominated by Councilmember Penaloza, as the Ward 6 representative on the Environmental and Transportation Advisory Commission.3:24:48
Official agendaSupplied summaryConsent blockCity Clerk’s Office
Full official agenda title

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

Official recommendation
  1. 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)
7
Consent Calendar

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

3:25:04
  • Councilmember Bacerra pulled the 2025 meeting calendar to ask that the meeting set for 2 September, the day after Labor Day, be dropped in favour of one in late August.3:25:05
  • The council adopted the calendar as amended, cancelling meetings on 7 January, 2 September, 18 November and 16 December while keeping the one on 5 August.3:32:43
  • It passed seven votes to nothing.3:33:00
Official agendaSupplied summaryClerk timestampCity Clerk’s Office
Official recommendation
  1. 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
8
Consent Calendar

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

3:22:18
  • The first-quarter budget update for 2024-25, with the spending adjustments that go with it.3:24:48
Official agendaSupplied summaryConsent blockFinance and Management Services
Official recommendation
  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)
9
Consent Calendar

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

3:22:18
  • An adjustment recognising the city's fourth round of Permanent Local Housing Allocation money from the state.3:24:48
Official agendaSupplied summaryConsent blockCommunity Development Agency
Official recommendation
  1. 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
Consent Calendar

Approve Appropriation Adjustment to Recognize the Bureau of Justice Assistance FY24 – Byrne Discretionary Community Project Grant…

3:22:18
  • An adjustment recognising federal Byrne discretionary grant funds from the Bureau of Justice Assistance.3:24:48
Official agendaSupplied summaryConsent blockCommunity Development Agency
Full official agenda title

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

Official recommendation
  1. 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
Consent Calendar

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

3:23:21
  • An agreement with Families Forward to run an eviction prevention programme.3:24:48
  • A member recused themselves from this item, saying their law firm represents Families Forward without charge and that they were stepping back out of caution rather than because a conflict had been found.3:23:25
Official agendaSupplied summaryMatched to recordingCommunity Development Agency
Official recommendation
  1. 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
Consent Calendar

First Amendment to the Fiscal Year (FY) 2024-25 Emergency Solutions Grant (ESG) Subrecipient Agreement with Interval House and…

3:22:18
  • Changes to the city's Emergency Solutions Grant agreements with Interval House and Orange County's United Way, with a new understanding with the police department alongside them.3:24:48
Official agendaSupplied summaryConsent blockCommunity Development Agency
Full official agenda title

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

Official recommendation
  1. 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)
  2. 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
Consent Calendar

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

3:22:18
  • A second amendment to the legal services agreement with Nathan and Kamionski, revising their hourly rates.3:24:48
Official agendaSupplied summaryConsent blockCity Attorney’s Office
Official recommendation
  1. 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
Consent Calendar

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

3:22:18
  • A grant of $13,627 from the California State Library for its Zip Books project, which posts requested books to borrowers.3:24:48
Official agendaSupplied summaryConsent blockLibrary
Full official agenda title

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

Official recommendation
  1. 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
Consent Calendar

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

3:33:23
  • Staff recommended naming the new park between Fairview and King Streets Artesia-Pilar Park, after the neighbourhood.3:38:14
  • Councilmember Hernandez traced decades of murals in the neighbourhood, from work Marina Aguilera made with young people in 1976 to the La Raza murals restored in 2024.3:36:01
  • He moved to put La Artista in front of the recommended name, to honour that tradition and encourage a new generation into the arts.3:36:49
  • The council named it La Artista, Artesia Pilar Park by seven votes to nothing.3:38:29
Official agendaSupplied summaryClerk timestampParks, Recreation, and Community Services
Official recommendation
  1. 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
Consent Calendar

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

3:22:18
  • A park host agreement covering volunteering, liability and indemnity at Thornton Park.3:24:48
Official agendaSupplied summaryConsent blockParks, Recreation, and Community Services
Official recommendation
  1. 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
Consent Calendar

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

3:22:18
  • A revised grant agreement with the California Office of Traffic Safety.3:24:48
Official agendaSupplied summaryConsent blockPolice Department
Official recommendation
  1. 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
Consent Calendar

Agreements with Elite Command Training Corporation, Utility Response Training Associates, LLC, and SenseMakers, LLC to Provide…

3:22:18
  • Training agreements with three providers under the Urban Area Security Initiative grant programme.3:24:48
Official agendaSupplied summaryConsent blockPolice Department
Full official agenda title

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)

Official recommendation
  1. 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
Consent Calendar

Appropriation Adjustments to Recognize Special Gas Tax and Transportation System Improvement Area Funds Fund Balance and Amendments…

3:22:18
  • Adjustments recognising gas tax and transportation improvement money, and amendments to the capital programme for various projects.3:24:48
Official agendaSupplied summaryConsent blockPublic Works Agency
Full official agenda title

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

Official recommendation
  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
Consent Calendar

Purchase Order Contracts with Cali State Paving, Inc., Hardy & Harper, Inc., and Paveco Construction Inc. for On-Call Asphalt and…

7:26:18
  • On-call purchase contracts with three paving firms for asphalt and concrete street repairs.3:24:48
Official agendaSupplied summaryMatched to recordingPublic Works Agency
Full official agenda title

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)

Official recommendation
  1. 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
Consent Calendar

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

3:22:18
  • A construction contract with Towo Enterprise for the alley improvements programme.3:24:48
Official agendaSupplied summaryConsent blockPublic Works Agency
Official recommendation
  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
Consent Calendar

Agreement with Sterling Health Services, Inc. for Affordable Care Act Compliance Services in an Amount Not to Exceed $50,000…

3:22:18
  • An agreement of up to $50,000 with Sterling Health Services for Affordable Care Act compliance work.3:24:48
Official agendaSupplied summaryConsent blockHuman Resources
Full official agenda title

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

Official recommendation
  1. 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
Consent Calendar

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

3:24:05
  • A second amendment to the city clerk's employment agreement, with a resolution setting the salary schedule for council appointees.3:24:48
  • State law required the clerk to read the figure aloud before the vote: an annual salary of $195,083 plus the maximum deferred compensation contribution, backdated to 15 October 2024.3:24:05
Official agendaSupplied summaryMatched to recordingHuman Resources
Official recommendation
  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
Consent Calendar

Adopt a Resolution to Effect Certain Changes to the City’s Basic Classification and Compensation Plan and Update the Salary Schedule…

3:24:29
  • A resolution changing the city's classification and compensation plan and updating the salary schedule for the Santa Ana Management Association.3:24:48
  • It was approved with an amendment the city manager noted from the floor.3:24:29
Official agendaSupplied summaryMatched to recordingHuman Resources
Full official agenda title

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)

Official recommendation
  1. 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
Consent Calendar

Conflict of Interest Code Amendments

3:22:18
  • Amendments to the city's conflict of interest code.3:24:48
Official agendaSupplied summaryConsent blockCity Clerk’s Office
Official recommendation
  1. 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
Consent Calendar

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

3:22:18
  • A resolution accepting a James Irvine Foundation grant for public sector practice change.3:24:48
Official agendaSupplied summaryConsent blockCommunity Development Agency
Official recommendation
  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
Consent Calendar

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

3:22:18
  • A resolution authorising the city to swap business licence tax data with the California Franchise Tax Board.3:24:48
Official agendaSupplied summaryConsent blockFinance and Management Services
Official recommendation
  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
Consent Calendar

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

3:22:18
  • A resolution accepting contract funds from the California Department of Social Services.3:24:48
Official agendaSupplied summaryConsent blockParks, Recreation, and Community Services
Official recommendation
  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
Consent Calendar

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…

3:22:18
  • A third one-year extension for The Madison mixed-use project at 200 North Cabrillo Park Drive.3:24:48
Official agendaSupplied summaryConsent blockPlanning and Building Agency
Full official agenda title

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

Official recommendation
  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
Consent Calendar

Third One-Year Extension of Site Plan Review No. 2020-03 and Variance No. 2020-06 for the 4th and Mortimer Mixed-Use Development…

3:22:18
  • A third one-year extension for the 4th and Mortimer mixed-use project on East Fourth Street.3:24:48
Official agendaSupplied summaryConsent blockPlanning and Building Agency
Full official agenda title

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

Official recommendation
  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
Consent Calendar

Resolutions Authorizing Grant Applications for the Fiscal Year 2025-26 Measure M2 Comprehensive Transportation Funding Program…

3:38:38
  • Resolutions authorising the city to apply for Measure M2 transportation funding in 2025-26.3:39:42
  • Councilmember Hernandez pulled the item to note it would put about $3,375,000 into synchronising the traffic signals along Bristol Street.3:38:54
  • He said a further $5,148,000 would be sought to widen Fairview Street from 17th Street to Trask.3:39:09
  • It passed seven votes to nothing.3:40:07
Official agendaSupplied summaryClerk timestampPublic Works Agency
Full official agenda title

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

Official recommendation
  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
32
Business Calendar

Ordinance Adding Article XIV to Chapter 10 (Crimes and Miscellaneous Law Enforcement Provision) and Amending Related Sections in…

3:40:23
Different reasoningSee member positions →
  • Staff brought an ordinance adding a new article to the municipal code and amending four chapters of it, written in response to the Supreme Court's decision in Grants Pass v Johnson.3:41:38
  • It would prohibit unlawful camping, storing personal property in public places, loitering on public benches, and sitting, lying or sleeping on public property.3:42:15
  • Anyone breaking it could be charged with an infraction or a misdemeanour, at the citing officer's discretion.3:43:33
  • City Attorney Carvalho told members the draft was taken from an ordinance the city of Anaheim had recently adopted.5:10:19
  • Councilmember Lopez objected that it would mean jailing a family found sleeping in a car.4:48:41
  • Councilmember Penaloza said the council was rewriting the whole ordinance from the dais and moved to continue it so staff could produce a clean redline.4:53:36
  • Staff asked for at least thirty days, given how many changes had been suggested.5:11:24
  • City Attorney Carvalho said staff would listen to the feedback but would not make every specific change requested, because their job was to come back with a professional recommendation.5:09:43
  • The motion to hold the item to 17 December carried six votes to one, with Councilmember Vazquez against.5:13:45
Official agendaSupplied summaryClerk timestampPolice Department
Full official agenda title

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

Official recommendation
  1. 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
Business Calendar

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

5:31:12
Split voteSee member positions →
  • The council returned to the outside investigation into Councilmember Hernandez, held over from the special meeting of 28 October.5:31:10
  • Mayor Pro Tem Phan said the allegation she had found most disturbing, the improper solicitation of money the city never received, was not sustained, and that continuing to repeat it as rumour was itself a problem.5:33:27
  • She said the findings about improper conduct in dealings with staff were sustained, and that the punishment should fit the misconduct.5:34:37
  • She moved that the council receive and file the report, require Councilmember Hernandez to take training on working with staff, and make him ineligible to serve as Mayor Pro Tem for one year.5:41:39
  • Councilmember Penaloza seconded it, saying he hoped everyone on the dais would treat it as a learning experience.5:31:38
  • Councilmember Bacerra supported the motion but wanted more, asking for a formal censure and removal from the boards and committees Councilmember Hernandez sits on, which is what the city's code of ethics prescribes.5:39:42
  • He also asked the city manager to come back on how parks and recreation staff would be protected from being harassed by members of the council.5:39:05
  • Councilmember Lopez said members were picking and choosing when to punish someone publicly, and that others on the dais had been recorded being disrespectful to staff.5:40:51
  • She said she would not support the sub motion.5:41:23
  • It passed four votes to two, with Councilmembers Lopez and Vazquez against and Councilmember Hernandez abstaining.5:42:39
Official agendaSupplied summaryClerk timestampCity Manager’s Office
Official recommendation
  1. Discuss and Address Potential Remedies Regarding the Investigator’s Sustained Findings Regarding Councilmember Johnathan Ryan Hernandez and Take Potential Action or Direct Staff Accordingly
34
Public Hearings Public Comments

Public hearing: Appeal Application No. 2024-01, Appealing the Decision of the Planning Commission to Approve Conditional Use Permit…

5:42:57
  • This was an appeal against the Planning Commission's approval of a permit for an accessory structure over 15 feet tall in the rear yard of a house on North Heliotrope Drive.7:06:05
  • Councilmember Bacerra said the historic preservation part of the code is confusing because it looks at a whole property at once, and that a Historic Resources Commission subcommittee would look at rewriting it.7:05:12
  • Mayor Pro Tem Phan moved to deny the appeal and uphold the commission, seconded by Councilmember Penaloza.7:05:41
  • It carried six votes to one, with Councilmember Bacerra against.7:06:47
Official agendaSupplied summaryClerk timestampPlanning and Building Agency
Full official agenda title

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

Official recommendation
  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 Hearings Public Comments

Public hearing: Conduct a First Reading and Adopt Ordinance Amendment (OA) No. 2024-04 Repealing and Reenacting in its Entirety…

7:12:54
  • The council was asked to repeal and re-enact its ordinance prohibiting short-term rentals, with higher fines for breaking it.7:52:19
  • Staff explained the city adopted two such ordinances in April, then was served with a legal challenge to how they were passed and to the environmental findings behind them.7:51:53
  • Re-adopting the ordinance with a redone environmental review was meant to answer that challenge.7:52:05
  • A speaker supporting the ban said research had counted 991 active listings in the city as of March 2023, and that the staff report found more than 700 still operating.7:26:45
  • Councilmember Lopez pressed staff on why the council was voting again on something it had not been able to enforce.7:50:52
  • She asked that staff meet the people affected before any future change.7:52:34
  • It passed six votes to one, with Mayor Amezcua against.7:53:14
Official agendaSupplied summaryClerk timestampPlanning and Building Agency
Full official agenda title

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

Official recommendation
  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
36
Councilmember Requested Items

Discuss and Consider Directing the City Manager, City Attorney, and City Clerk to Draft a Resolution Issuing a Formal Apology to the…

7:53:32
Different reasoningSee member positions →
  • Councilmember Vazquez asked the council to direct staff to draft a formal apology to the family of Edgar Vargas, an undocumented young man wrongly handed to immigration authorities after police misconduct in 2014.7:56:55
  • He said it was not meant to disparage current officers, but that a city has to reflect on what it did before it can move on.8:04:55
  • Councilmember Hernandez said the item only needed members to state support or opposition, and sent his condolences to Mr Vargas's mother.7:57:07
  • Councilmember Lopez said supporting an apology was not an attack on the police department, pointing to the mother who had struggled through her public comment in tears.8:06:18
  • Mayor Amezcua said she would not support it, argued the city should look forward rather than back, and told the city manager the rest of the council could give the direction.8:08:10
Official agendaSupplied summaryClerk timestamp
Full official agenda title

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
Councilmember Requested Items

Discuss and Consider Directing the City Manager, City Attorney, and City Clerk to Prepare an Ordinance Prohibiting Contracts with…

8:08:37
  • Councilmember Lopez asked staff to prepare an ordinance barring contracts between the city and city officials or their immediate families.8:09:59
  • She said members only had to say yes or no, and staff would draft something to bring back.8:10:02
  • Councilmember Hernandez said he supported it and wanted to see it return.8:10:11
  • Councilmember Penaloza connected it to the corruption case at the county across the street, while saying he did not believe the same was happening on this council.8:10:20
  • He asked that the draft also cover the councilmembers' own discretionary funds, which run to about $10,000 each a year.8:10:59
  • Mayor Amezcua said the city should audit its own contracts and the nonprofits it does business with.8:11:55
Official agendaSupplied summaryClerk timestamp
Full official agenda title

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

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