HomeMy WebLinkAbout2023-12-05 RegularMinutes of the Regular Meeting of the City
Council
City of Santa Ana,
California
December 5, 2023
CLOSED SESSION MEETING - 5:00 P.M.
REGULAR OPEN MEETING - 5:30 P.M.
(Immediately following the Closed Session Meeting)
CITY COUNCIL CHAMBER
22 Civic Center Plaza Santa Ana, CA 92701
CLOSED SESSION
CALL TO ORDER
MINUTES: Mayor Amezcua called the Closed Session Meeting to order at 5:01 P.M.
ATTENDANCE Council Members Phil Bacerra
Johnathan Ryan Hernandez
David Penaloza
Thai Viet Phan
Benjamin Vazquez
Mayor Pro Tern Jessie Lopez
Mayor Valerie Amezcua
Interim City Manager Tom Hatch
City Attorney Sonia R. Carvalho
City Clerk Jennifer L. Hall
City Council 1 December 05, 2023
ROLL CALL
MINUTES: City Clerk Jennifer L. Hall conducted roll call.
Councilmembers Bacerra, Penaloza, Phan, and Vazquez, Mayor Pro Tem Lopez, and Mayor
Amezcua were all present. Councilmember Hernandez arrived during Closed Session.
ADDITIONSIDELETIONS TO CLOSED SESSION
MINUTES: None.
PUBLIC COMMENTS — Members of the public may address the City Council on Closed
Session items.
MINUTES: No public comments were received regarding Closed Session Agenda items.
RECESS — City Council will recess to Closed Session for the purpose of conducting regular
City business.
MINUTES: MayorAmezcua recessed to consider the Closed Session items at 5:02 P.M.
CLOSED SESSION ITEMS — The Brown Act permits legislative bodies to discuss certain
matters without members of the public present. The City Council finds, based on advice from
the City Attorney, that discussion in open session of the following matters will prejudice the
position of the City in existing and anticipated litigation:
1. CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION pursuant to Paragraph
(1) of subdivision (d) of Section 54956.9 of the Government Code:
Anthony Gonzalez, et al. v. City of Santa Ana, et al., Orange County Superior
Court, Case No. 30-2022-01284596
2. 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)
CLOSED SESSION REPORT — The City Attorney will report on any action(s) from Closed
Session.
RECONVENE — City Council will reconvene to continue regular City business.
City Council 2 December 05, 2023
CITY COUNCIL REGULAR OPEN SESSION
CALL TO ORDER
MINUTES: MayorAmezcua reconvened the City Council Meeting to order at 5:36 P.M.
ATTENDANCE Councilmembers
Mayor Pro Tern
Mayor
Interim City Manager
City Attorney
City Clerk
ROLL CALL
Phil Bacerra
Johnathan Ryan Hernandez
David Penaloza
Thai Viet Phan
Benjamin Vazquez
Jessie Lopez
Valerie Amezcua
Tom Hatch
Sonia R. Carvalho
Jennifer L. Hall
MINUTES: City Clerk Jennifer L. Hall conducted roll call.
Councilmembers Bacerra, Hernandez, Penaloza, Phan and Vazquez, Mayor Pro Tern
Lopez, and Mayor Amezcua were present.
PLEDGE OF ALLEGIANCE
WORDS OF INSPIRATION
Jeffrey Katz
Police Chaplain Barnett
ADDITIONSWELETIONS TO CLOSED SESSION
MINUTES: City Clerk Jennifer L. Hall stated that the Meter Del High School Varsity
Cheerleading Team was unable to attend the City Council Meeting tonight and staff would
find another date to recognize their accomplishments.
CLOSED SESSION REPORT — The City Attorney will report on any action(s) from Closed
Session.
MINUTES: City Attorney Sonia Carvalho stated a potential settlement was discussed and
approved by the City Council, and the numbers can be disclosed when the agreement
has been finalized.
City Council 3 December 05, 2023
CEREMONIAL PRESENTATIONS
1. Certificates of Recognition presented by Mayor Amezcua to The Mater Dei High
School Varsity Cheerleading Team for Exceptional Athletic Accomplishments
MINUTES: Item not presented.
PUBLIC COMMENTS — Public comments will be held during the beginning of the meeting for
ALL comments on agenda and non -agenda items.
MINUTES: Mayor Amezcua stated public comments for Agenda Item No. 19 would be
heard when the item is discussed.
City Clerk Jennifer L. Hall stated there were no speakers and reported out the summary
of email comments received: One (1) comment regarding Agenda Item No. 8 and Three (3)
non -agenda comments.
CONSENTCALENDAR
RECOMMENDED ACTION: Approve staff recommendations on the following Consent
Calendar Items: 2 through 17 and waive reading of all resolutions and ordinances
MINUTES: At 5:41 P.M. the Consent Calendar was considered.
Councilmember Bacerra pulled Agenda Item Nos. 8 and 14 for separate discussion and
consideration.
Councilmember Hernandez requested to comment on Agenda Item No. 15.
MOTION: Councilmember Bacerra moved to approve Consent Calendar Item Nos. 2
through 17 with the exception of Item Nos. 8 and 14, seconded by Councilmember
Hernandez.
The motion carried, 7-0, by the following roll call vote:
AYES:
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
MAYOR AMEZCUA
NOES:
NONE
ABSTAIN:
NONE
ABSENT:
NONE
Status: 7 — 0
— Pass
2. Excused Absences
BACERRA, COUNCILMEMBER HERNANDEZ,
PENALOZA, COUNCILMEMBER PHAN,
VAZQUEZ, MAYOR PRO TEM LOPEZ,
City Council 4 December 05, 2023
Department(s): City Clerk's Office
Recommended Action: Excuse the absent members.
3. Minutes from the Regular Meeting of May 2, 2023, the Special Meeting of May 11,
2023, and the Special Closed Session and Regular Meeting of May 16, 2023
Department(s): City Clerk's Office
Recommended Action: Approve minutes.
4. Authorization to Prepare Documents for Proposed Sanitation Fee Adjustment in
Compliance with Proposition 218 Requirements (Non -General Fund)
Department(s): Public Works Agency
Recommended Action: Authorize and direct staff to initiate the process for adjusting the
Sanitation Fee, as per the Proposition 218 requirements, including, but not limited to, all of
the following:
a. Prepare and mail proposed rate adjustment notices to all Santa Ana property owners in
compliance with Proposition 218 requirements at a cost not to exceed $100,000;
Schedule a public hearing at a future City Council meeting on or after February 6, 2024;
and
c. Prepare all other documents to proceed with proposed sanitation fee adjustment.
5. Approve Additional Contingency Funds in the Amount of $3,520,000 for an Existing
Construction Contract with Byrom -Davey, Inc. for the Santa Anita Park Improvements
Including New Synthetic Soccer Field and Community Center Renovations with an
Estimated Project Delivery Cost of $18,033,011 (Project No. 19-7527) (Non -General
Fund) (Revive Santa Ana Program)
Department(s): Public Works Agency
Recommended Action:
1. Approve an amendment to the Project Cost Analysis in the amount of $3,520,000 in
additional contingency funds for a total estimated construction delivery cost of
$18,033,011, which includes $7,317,701 for the construction contract; $731,770 for
contract administration, inspection, and testing; and a $9,983,540 project contingency
for unanticipated or unforeseen work, subject to non -substantive changes approved by
the City Manager and City Attorney.
2. Approve an amendment to the Fiscal Year 2023-24 Capital Improvement Program to
include $3,520,000 in construction funds for Santa Anita Park Improvements and New
Synthetic Soccer Field (Project No.19-7527).
3. Determine that, in accordance with the California Environmental Quality Act (CEQA), the
recommended action is exempt from further review. Categorical Exemption
Environmental Review No. ER-2021-77 was filed for the project.
City Council 5 December 05, 2023
6. Amend the Agreement with Amtech Elevator Services by Increasing the Total
Contract Amount Not to Exceed to $1,674,168 for the Remainder of the Contract
Term (Specification No. 20-068) (General Fund and Non -General Fund)
Department(s): Public Works Agency
Recommended Action: Amend the agreement with Amtech Elevator Services to provide
elevator maintenance and repair services at various City facilities and increase the total not
to exceed amount available under the Agreement by an additional $717,168, for a total not
to exceed amount of $1,674,168 over the remaining term of the Agreement, including all
extension periods, subject to non -substantive changes approved by the City Manager and
City Attorney (Agreement No. A 2023-220).
7. Amendment to the Fiscal Year 2023-24 CIP, and Amendment to the Agreement with
ELS Architecture and Urban Design to Increase the Contract Amount for the
Memorial Park and Aquatics Facility Renovation. (Project No. 22-1415) (Non -General
Fund) (Revive Santa Ana Program)
Department(s): Public Works Agency
Recommended Action:
1. Approve an appropriation adjustment to recognize $8,398,266 in revenue received in
the current year and from prior years into the Residential Development District 3, Park
Acquisition & Development Fees revenue account and appropriate the same amount
into the Residential Development District 3, Improvements Other Than Building
expenditure account. (Requires five affirmative votes)
2. Approve an appropriation adjustment to recognize $41,829 in revenue received from
prior years, the Residential Development District 3, Park Acquisition & Development
Fees revenue account and appropriate the same amount into the Residential
Development District 3-In Lieu, Improvements Other Than Building expenditure account.
(Requires five affirmative votes)
3. Approve an amendment to the Fiscal Year 2023-24 Capital Improvement Program to
include $11,298,265 for the Memorial Park and Aquatic Facility Renovation (Project No.
22-1415) (Non- General Fund)
4. Authorize the City Manager to execute the first amendment to the agreement with ELS
Architecture and Urban Design to increase the Contract Amount by $1,079,000 for a
total amount not to exceed $2,858,170 for the architectural design services for a new
Memorial Park and Aquatics Facility Renovation for the remaining term of the
agreement, beginning December 5, 2023 through August 14, 2026, including up to two
one-year periods upon a writing executed by the City Manager and City Attorney
(Agreement No. A-2023-221).
City Council 6 December 05, 2023
AGENDA ITEM PULLED FROM CONSENT CALENDAR FOR SEPARATE DISCUSSION
8. Approve an Agreement with City Net to Provide Street Outreach and Engagement
Services for Quality -of -Life Services, in an Amount Not to Exceed $3,841,845.51,
Beginning January 1, 2024 Through December 31, 2024 (Non -General Fund)
Department(s): Community Development Agency
Recommended Action:
1. Authorize the City Manager to execute an agreement with Kingdom Causes, Inc. DBA
City Net in an amount not to exceed $3,841,845.51 for the Santa Ana Multidisciplinary
Street Outreach and Engagement (SMART) Program that responds to reports for
quality -of -life services from January 1, 2024 through December 31, 2024, subject to
non -substantive changes approved by the City Manager and City Attorney (Agreement
No. A-2023-222).
2. Authorize the City Manager to execute agreements required by state or federal
agencies for the use of Homeless Housing, Assistance and Prevention (HHAP) funding,
or for any additional funding that may become available.
MINUTES: Councilmember Bacerra asked for clarification regarding jail release positive
exits and services prior to release, and spoke regarding the agreement deliverables. He
stated he would not support the contract as is, suggested bringing the service in house
and providing a six-month bridge contract with CityNet as a phase out.
MOTION: Councilmember Bacerra moved to approve a six-month contract and
bring services in-house.
Motion died due to lack of a second.
Homeless Services Division Manager Kenneth Gominsky provided clarification.
Councilmember Vazquez spoke in support of Councilmember Bacerra's proposal but
suggested a one-year contract and expressed concern regarding the decrease in
services.
Homeless Services Division Manager Gominsky spoke regarding the short fall of
services.
Councilmember Hernandez expressed support for in house services.
MOTION: Councilmember Hernandez move to approve the one-year contract with
CityNet but create a multi -prong approach with multiple agencies.
City Council 7 December 05, 2023
Motion died due to lack of a second.
Councilmember Phan spoke regarding the proposed agreement, expressed support for
Councilmember Bacerra's proposal and requested the City Council approve the
proposed contract while staff` simultaneously conducts a feasibility study of bringing the
services in house.
Homeless Services Division Manager Gominsky spoke regarding best practices, costs of
services to CityNet, and a six-month to a year timeframe to conduct an analysis.
Councilmember Bacerra spoke regarding the one year contract and cost savings, and
requested the item be brought back to Council in two weeks for the December 19, 2023
City Council meeting and have staff work with CityNet.
Interim City Manager Tom Hatch spoke regarding the proposed contract and stated he
would have discussions with CityNet regarding Council's direction.
Mayor Pro Tem Lopez spoke in support of Councilmember Phan's motion and asked for
clarification regarding deliverables.
Homeless Services Division Manager Gominsky provided clarification.
MOTION: Councilmember Phan moved to approve the recommended action for
Item No.8, as amended to have staff conduct a feasibility study on bringing the
services in house, seconded by Mayor Pro Tern Lopez.
Mayor Amezcua spoke regarding funding, associated costs, CityNet contract, and
feasibility of bringing the services in house. She stated the City did not receive funding
from Cal Optima for street medicine.
SUBSTITUTE MOTION: Councilmember Bacerra moved to continue Agenda Item
No. 8 to the December 19, 2023 City Council meeting and have staff conduct
outreach with CityNet, seconded by Councilmember Vazquez.
The substitute motion carried, 5-2, by the following roll call vote:
AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER PENALOZA,
COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ,
MAYOR AMEZCUA
NOES: COUNCILMEMBER HERNANDEZ, MAYOR PRO TEM LOPEZ
ABSTAIN: NONE
ABSENT: NONE
Status: 5-2 — Pass; Item No. 8 continued to the December 19, 2023 meeting
9. Approve an Agreement with Iron Mountain Information Management, LLC for
Document Storage for the Housing Authority, Community Development Agency and
Finance & Management Services Agency
City Council 8 December 05, 2023
Department(s): Community Development Agency
Recommended Action: Authorize the Interim City Manager to execute an agreement with
Iron Mountain Information Management, LLC to provide offsite document storage of
Community Development Agency and Finance & Management Services records in an
amount not to exceed $142,700, for a three-year term beginning January 1, 2024 and
expiring December 31, 2026 with an option of two one-year extensions, subject to
non -substantive changes approved by the City Manager and City Attorney (Contingent
upon approval of Housing Authority Item # 3) (Agreement No. A-2023-223).
10. Approve a First Amendment to the Memorandum of Understanding between the City
of Santa Ana and the Confidential Association of Santa Ana
Department(s): Human Resources
Recommended Action: Authorize the Interim City Manager to execute a First Amendment
to the Memorandum of Understanding (MOU) between the City of Santa Ana and the
Confidential Association of Santa Ana (CASA) for the period of July 1, 2022 through June
30, 2025, modifying and delineating specific articles of the MOU subject to non -substantive
changes approved by the City Manager and City Attorney (Agreement No. A-2023-224).
11. A Resolution Authorizing Application to the California State Department of Housing
and Community Development for the Prohousing Designation Program
Department(s): Planning and Building Agency
Recommended Action: Adopt a Resolution authorizing the application to the California
State Department of Housing and Community Development Prohousing Designation
Program.
RESOLUTION NO. 2023-087 entitled A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA AUTHORIZING THE APPLICATION TO AND PARTICIPATION IN
THE PROHOUSING DESIGNATION PROGRAM
12. Second One -Year Extension of Site Plan Review No. 2020-03 and Variance No.
2020-06 for the 4th and Mortimer Mixed -Use Development Project Located at 409
and 509 East Fourth Street
Department(s): Planning and Building Agency
Recommended Action:
1. Adopt a resolution approving a one-year extension of Site Plan Review No. 2020-03
and Variance No. 2020-06 to December 15, 2024.
RESOLUTION NO. 2023-088 entitled A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SANTA ANA APPROVING A SECOND ONE-YEAR EXTENSION OF
SITE PLAN REVIEW 2020-03 AND VARIANCE NO. 2020-06 FOR THE 4TH AND
MORTIMER MIXED -USE DEVELOPMENT TO BE LOCATED AT 409 AND 509 EAST
FOURTH STREET
2. Determine that in accordance with the California Environmental Quality Act (CEQA) and
City Council 9 December 05, 2023
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.
13. Resolution Authorizing a Grant Application Submission for the Bureau of
Reclamation WaterSMART Drought Response Program for the Pressure Reducing
Station No. 2 Relocation and Emergency Booster Pump Station Project (Non -General
Fund)
Department(s): Public Works Agency
Recommended Action: Adopt a Resolution authorizing the Executive Director of the
Public Works Agency to submit a grant application to the U.S. Department of the Interior,
Bureau of Reclamation's Sustain and Manage America's Resources for Tomorrow Drought
Response Program Grant for the Pressure Reducing Station No. 2 Relocation and
Emergency Booster Pump Station Project, in an amount not to exceed $1,801,250.
RESOLUTION NO. 2023-089 entitled A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA AUTHORIZING AN APPLICATION FOR GRANT FUNDING BY THE
BUREAU OF RECLAMATION'S WATERSMART DROUGHT RESPONSE PROGRAM
GRANT PROGRAM FOR THE PRESSURE REDUCING STATION NO. 2 RELOCATION
AND EMERGENCY BOOSTER STATION PROJECT
AGENDA ITEM PULLED FROM CONSENT CALENDAR FOR SEPARATE DISCUSSION
14. Resolutions Authorizing the Executive Director of the Public Works Agency to
Execute Grant Agreements with the California Department of Transportation for the
Santa Ana Regional Transportation Center Beautification Projects
Department(s): Public Works Agency
Recommended Action:
1. Adopt a resolution authorizing the Executive Director of the Public Works Agency to
execute a grant agreement with the California Department of Transportation for the
Santa Ana Regional Transportation Center Painting and Wrought Iron Fencing Project
(Agreement No. A-2023-225).
RESOLUTION NO. 2023-090 entitled A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SANTA ANA AUTHORIZING THE EXECUTIVE DIRECTOR OF THE
PUBLIC WORKS AGENCY TO EXECUTE AGREEMENTS WITH THE CALIFORNIA
DEPARTMENT OF TRANSPORTATION FOR THE SANTA ANA REGIONAL
TRANSPORTATION CENTER PAINTING AND WROUGHT IRON FENCING PROJECT
2. Adopt a resolution authorizing the Executive Director of the Public Works Agency to
City Council 10 December 05, 2023
execute a grant agreement with the California Department of Transportation for the
Santa Ana Regional Transportation Center Outdoor Water Fountain Renovation Project.
(Agreement No. A-2023-226)
RESOLUTION NO. 2023-091 entitled A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SANTA ANA AUTHORIZING THE EXECUTIVE DIRECTOR OF THE
PUBLIC WORKS AGENCY TO EXECUTE AGREEMENTS WITH THE CALIFORNIA
DEPARTMENT OF TRANSPORTATION FOR THE SANTA ANA REGIONAL
TRANSPORTATION CENTER OUTDOOR WATER FOUNTAIN RENOVATION
PROJECT
MINUTES: Councilmember Hernandez left the dais at 6:15 P.M.
Councilmember Bacerra congratulated the Public Works Department for the grant
received and spoke regarding enhancements and homeless being dropped at the train
stations.
Mayor Amezcua requested the City Manager get back to Council regarding the homeless
at the train stations.
Mayor Pro Tern Lopez congratulated staff for the grant received and all their hard work and
efforts, and spoke in support of the item.
MOTION: Councilmember Bacerra moved to approve the recommended action for
Agenda Item No. 14, seconded by Mayor Pro Tern Lopez.
The motion carried, 6-0-0-1, by the following roll call vote:
AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER PENALOZA,
COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ,
MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA
NOES: NONE
ABSTAIN: NONE
ABSENT: COUNCILMEMBER HERNANDEZ
Status: 6 — 0 — 0 — 1 — Pass
15. Resolution Declaring the Results of the November 14, 2023 Special Municipal Recall
Election
Department(s): City Clerk's Office
Recommended Action: Adopt a Resolution declaring the results of the Special Recall
Election held in Ward 3 of the City of Santa Ana on November 14, 2023.
RESOLUTION NO. 2023-092 entitled A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA RECITING THE FACT OF THE SPECIAL MUNICIPAL RECALL
ELECTION HELD ON TUESDAY, NOVEMBER 14, 2023, DECLARING THE RESULT,
AND SUCH OTHER MATTERS AS MAY BE PROVIDED BY LAW
City Council 11 December 05, 2023
16.Second Reading of Ordinance Amending Section 2-325 of the Santa Ana Municipal
Code to Provide That Compensation for City Boards and Commissions Shall be Set
by Resolution of the City Council; Resolution Amending Resolution No. 2019-034
and Setting Compensation for all City Boards and Commissions
First reading at the November 21, 2023 City Council meeting and approved by a
unanimous vote.
Published in the Orange County Reporter on November 27, 2023.
Department(s): City Manager's Office
Recommended Action:
1. Adopt an ordinance amending Section 2-325 of the Santa Ana Municipal Code to
provide that compensation for City boards and commissions shall be set by resolution
of the City Council.
ORDINANCE NO. NS-3053 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA AMENDING SECTION 2-325 OF THE SANTA ANA MUNICIPAL
CODE TO PROVIDE THAT COMPENSATION FOR CITY BOARDS AND
COMMISSIONS SHALL BE SET BY RESOLUTION OF THE CITY COUNCIL
2. Adopt a resolution amending Resolution No. 2019-034 and setting the compensation for
all City boards and commissions.
RESOLUTION NO. 2023-093 entitled A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SANTA ANA AMENDING RESOLUTION NO. 2019-034 AND SETTING
COMPENSATION FORALL CITY BOARDS AND COMMISSIONS
17. Second Reading of Ordinance Approving Amendment Application No. 2023-01 to
Change the Zoning District Designation of the Public Park Located at 1117 S.
Standard Avenue from Multiple -Family Residence (R-3) to Open Space Land (0) for
Consistency with the General Plan Land Use Designation of Open Space
First reading at the November 21, 2023 City Council meeting and approved by a
unanimous vote.
Published in the Orange County Reporter on November 27, 2023.
Department(s): Planning and Building Agency
Recommended Action:
1. Conduct a second reading and adopt an ordinance approving Amendment Application
No. 2023-01 for Standard and McFadden Public Park located at 1117 S. Standard
Avenue;
ORDINANCE NO. NS-3054 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 2023-01
REZONING THE PROPERTIES LOCATED 1113, 1117, 1121, AND 1125 SOUTH
STANDARD AVENUE AND RECOGNIZED AS ASSESSOR PARCEL NUMBERS
011-251-17, 011-251-18, 011-251-19, 011-251-20, 011-251-38 AND 011-251-39 (from
City Council 12 December 05, 2023
Multi -Family Residence (R-3) to Open Space Land (0)); read by title only and waive
further reading.
Determine that in accordance with the California Environmental Quality Act (CEQA) and
Section 15162 of the CEQA Guidelines, the project is within the scope of the 2022
Santa Ana General Plan Environmental Impact Report (EIR) (SCH No. 2020029087).
Furthermore, these actions are categorically exempt from further review per Section
15304 (Class 4 — Minor Alterations of Land) of the CEQA Guidelines. Class 4 consists
of minor public or private alterations in the condition of land, water, and/or vegetation
which do not involve removal of healthy, mature, scenic trees except for forestry and
agricultural purposes. As such, a Notice of Determination, Environmental Review No.
2020-78, will be filed for this project.
**END OF CONSENT CALENDAR**
BUSINESS CALENDAR
MINUTES: At 6:19 P.M., Councilmember Hernandez returned to the dais and the Business
Calendar was considered.
18. Fee Deferral Agreement for the Central Pointe Mixed -Use Development Located at
1801 E. Fourth Street
Department(s): Planning and Building Agency
Recommended Action: Based on the discussion in this staff report, it is recommended
that the City Council take one of the following two actions:
1. Deny a request by the applicant to execute a fee deferral agreement for the Central
Pointe mixed -use development located at 1801 E. Fourth Street,
OR
2. Authorize the City Manager to execute a fee deferral agreement for the Central Pointe
mixed -use development located at 1801 E. Fourth Street (Agreement No. 2023-XXX).
MINUTES: Planning and Building Director Minh Thai gave a presentation regarding the
Central Pointe Fee Deferral Agreement.
The following speakers addressed the City Council in -person:
1. John Santry spoke regarding the Central Pointe Mixed -Use Development fee deferral,
and suggested an option where the developer would pay the first phase of the project
and defer the second phase several months.
2. Jason Silver requested additional time for the deferral.
City Council 13 December 05, 2023
Mayor Amezcua stated she did not agree to any agreement for the deferral.
Executive Director Thai provided clarification.
MOTION: Councilmember Hernandez moved to approve the recommended action
option no. 1 for Agenda Item No. 18, seconded by Mayor Amezcua.
MINUTES: Mayor Pro Tem Lopez spoke regarding the split fee suggested by the
developer and requested additional options suggested by the applicant.
Mayor Amezcua expressed concern regarding the split fee.
Interim City Manager Tom Hatch spoke regarding staffs recommendation.
Councilmember Vazquez asked for clarification regarding split fees.
Executive Director Thai provided clarification and expressed concern regarding the
proposed timeline for split payments by the applicant.
The motion carried, 4-3, by the following roll call vote:
AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ,
COUNCILMEMBER PENALOZA, MAYOR AMEZCUA
NOES: COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ,
MAYOR PRO TEM LOPEZ
ABSTAIN: NONE
ABSENT: NONE
Status: 4 — 3 — Pass
**END OF BUSINESS CALENDAR**
MINUTES: Mayor Amezcua recessed the City Council Meeting to consider the Housing
Authority Meeting at 6:34 P.M. and reconvened the City Council Meeting to order at 6:36
P.M.
COUNCIL COMMENTS WERE CONSIDERED OUT OF ORDER AND HEARD PRIOR TO
COUNCIL REQUESTED ITEMS
COUNCILCOMMENTS
AB1234 DISCLOSURE — If the City paid for travel or other expenses this is the time for
members of the Council to provide a brief oral report on attendance of any regional board or
commission meeting or any conference, meeting or event attended.
MINUTES: Councilmember Bacerra thanked Interim City Manager Tom Hatch for attending
his monthly community office hours and all the residents, businesses, and members of the
City Council who attended the Board of Supervisors meeting on Tuesday to speak against
City Council 14 December 05, 2023
the extension of the contract with MHA, announced the opening of the Winter Village, and
requested all to shop in Santa Ana.
Councilmember Bacerra left the meeting at 6:39 P.M.
COUNCILMEMBER REQUESTED ITEMS
19. Discuss and Consider Directing the Interim City Manager to Prepare a Resolution for
City Council's Consideration to Call in Support of a Ceasefire in Gaza —
Councilmembers Vazquez and Hernandez
MINUTES: Mayor Amezcua stated public comments would be limited to two minutes per
speakers for a two hour period for Agenda Item No. 19.
The following speakers addressed the City Council in -person:
1. Rima Nashashihi spoke in support of the item.
2. Rabbi Shoron Sobel spoke in opposition to the item.
3. Dorian Romero spoke in support of the item.
4. Rehan Siddiqui spoke in support of the item.
5. Dr. Samar Aziz spoke in support of the item.
6. Jenna Alba spoke in support of the item.
7. Ad Gutierrez spoke in support of the item.
8. Danielle Jagiello spoke in support of the item.
9. Natassia Newton spoke in support of the item.
10. Magda Newton spoke in support of the item.
11. Nadeah spoke in support of the item.
City Council 15 December 05, 2023
12. Henny Abraham expressed concern regarding the resolution and requested the City
Council not divide the community.
13. Yesenia Martinez spoke in support of the item.
14. Haz Al spoke in support of the item.
15. Mona Yashruti Schnall spoke in support of the item.
16. Mona Bennani spoke in support of the item.
17. Dr. Samar Azani spoke in support of the item.
18. Sandra DeAnda spoke in support of the item.
19. Fernando Deveras spoke in support of the item.
20. Mimi Jublan spoke regarding her personal story in her home country.
21. Dr. Maha Afra spoke in support of the item.
22. Maria Sandoval spoke in support of the item.
23. Baker T spoke in support of the item.
24.Omar Zegar spoke in support of the item.
25. Michelle Harb spoke in support of the item.
26. Joey D. spoke in support of the item.
27. Jessica G. spoke in support of the item.
28. Sahar Aziz spoke in support of the item.
29. Zayn S. spoke in support of the item.
30.Ayah David spoke in support of the item.
31. Lulu Hammad spoke in support of the item.
32. Indigo Vu spoke in support of the item.
33. Sofia spoke in support of the item.
34. Mohammad spoke in support of the item.
35. Basha Jamil spoke in support of the item.
City Council 16 December 05, 2023
36. Mohammad spoke in support of the item.
37. Ella Murphy spoke in opposition to the item.
Mayor Amezcua recessed the City Council Meeting at 7.50 P.M. and reconvened the City
Council meeting at 8:00 P.M.
38. Teri Saydak spoke in support of the item.
39.Omar Kurdi spoke in support of the item.
40. Mohamad Abdelfattah spoke in support of the item.
41. Rabbi Gersh Zylberman spoke in opposition to the item.
42. Jean Paul Escobar spoke in support of the item.
43. Perla Dionick spoke regarding violence and spoke in support of the item.
44. Gabriela Villa Fuerte spoke in support of the item.
45. Tammy Gannon spoke in opposition to the item.
46. Nathan Tafi spoke in opposition to the item.
47. Mali spoke in opposition to the item.
48. Margaret Villa spoke in support of the item.
49. Fattah Judeh spoke in support of the item.
50. Jenny Lynn spoke in support of the item.
51. Nadal spoke in support of the item.
52. Jeffrey Katz spoke in opposition to the item.
53. Mark Rothenberg spoke in opposition to the item.
54. Mark Thompson expressed concern regarding the proposed resolution.
55. Amal Alkalla spoke in support of the item.
56. Mansour Mansour spoke in support of the item.
57. Yaser Yusef spoke in support of the item.
City Council 17 December 05, 2023
58. Vincent Nakhoul spoke in support of the item.
59. Sulaiman Arain spoke in support of the item.
Mayor Amezcua closed the public comment period at 8:53 P.M.
City Clerk Jennifer L. Hall reported out the summary of email comments received: Seven
hundred sixty three (763) comments regarding Agenda Item No. 19.
MINUTES: Councilmember Hernandez thanked all those who came out to participate, spoke
in solidarity with the Palestinian people and any group of people being subjected to war and
violence, and spoke regarding the resolution and requested the resolution be brought to the
City Council to vote on.
Councilmember Vazquez spoke regarding the war and in support of the resolution.
Councilmember Phan thanked all those who participated and spoke regarding the war and
the proposed resolution.
Mayor Amezcua spoke regarding her role as the Mayor and the ongoing war, and stated
the City Council does not have power over international matters and expressed she is not
in support of the proposed resolution.
Mayor Pro Tern Lopez spoke regarding grief, loss, and violence related to the war.
Councilmember Phan read a proposed resolution drafted by herself and Mayor Pro Tem
Lopez.
MOTION: Councilmember Phan moved to add the proposed resolution as an Urgency
Item to the agenda, seconded by Mayor Pro Tem Lopez.
Councilmember Vazquez spoke regarding the draft resolution proposed by Councilmember
Phan and Mayor Pro Tem Lopez and requested cease fire language be added to the
resolution as a whereas.
Councilmember Phan stated she wouldl not support any other resolution than the one she
and Mayor Pro Tem Lopez drafted.
City Attorney Sonia Carvalho stated that a unanimous vote was needed to add the urgency
item to the agenda per the Brown Act.
The motion failed, 4-1-0-2, by the following roll call vote:
City Council 18 December 05, 2023
AYES: COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PHAN,
COUNC[LMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ
NOES: MAYOR AMEZCUA
NONE
ABSTAIN: NONE
ABSENT: COUNCILMEMBER BACERRA, COUNCILMEMBER PENALOZA
Status: 4 —1 — 0 - 2 — FAIL
Councilmember Vazquez requested a resolution be brought back to the City Council on
December 19, 2023 with the proposed resolution draft by Councilmember Phan and Mayor
Pro Tem Lopez and added language of ceasefire.
Councilmember Phan stated she does not want staff drafting the resolution and requested
the proposed resolution read into the record be brought back to the City Council for a vote at
the next City Council meeting.
Mayor Pro Tem Lopez echoed Councilmember Phan's comments.
CITY MANAGER COMMENTS
MINUTES: None.
COUNCIL COMMENTS
AB1234 DISCLOSURE — If the City paid for travel or other expenses this is the time for
members of the Council to provide a brief oral report on attendance of any regional board or
commission meeting or any conference, meeting or event attended.
MINUTES: None.
ADJOURNMENT — Adjourn the City Council meeting.
MINUTES: Mayor Amezcua adjourned the City Council Meeting at 9:29 P.M.
Respectfully• -•
ennifer MC
erk'tl C
City Council 19 December 05, 2023