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Home My WebLink About Agenda_2023-10-03City Council Meeting Agenda October 3, 2023 CLOSED SESSION MEETING - 4:00 PM REGULAR OPEN MEETING - 5:30 PM (Immediately following the Closed Session Meeting) CITY COUNCIL CHAMBER 22 Civic Center Plaza Santa Ana, CA 92701 Valerie Amezcua Mayor Thai Viet Phan Councilmember —Ward 1 Jessie Lopez Mayor Pro Tem - Ward 3 Johnathan Ryan Hernandez Councilmember - Ward 5 Benjamin Vazquez Councilmember - Ward 2 Phil Bacerra Councilmember - Ward 4 David Penaloza Councilmember - Ward 6 Mayor and Council telephone: 714-647-6900 Agenda item inquiries: 714-647-6520 Sonia R. Carvalho Kristine Ridge City Attorney City Manager Jennifer L. Hall City Clerk In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting, ®contact Michael Ortiz, City ADA Program Coordinator, at (714) 647-5624. Notification 48 hours prior to the Meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supporting documentation can be found on the City's website — www.santa-ana.org/city-meetings. Page 1 10/3/2023 CITY VISION AND CODE OF ETHICS The City of Santa Ana is committed to achieving a shared vision for the organization and its community. The Vision, Mission and Guiding Principles (Values) are the result of a thoughtful and inclusive process designed to set the City and organization on a course that meets the challenges of today and tomorrow, as follows: Vision - The dynamic center of Orange County which is acclaimed for our: Investment in youth • Safe and healthy community • Neighborhood pride • Thriving economic climate - Enriched and diverse culture • Quality government services Mission - To deliver efficient public services in partnership with our community which ensures public safety, a prosperous economic environment, opportunities for our youth, and a high quality of life for residents. Guiding Principles - Collaboration • Efficiency • Equity • Excellence • Fiscal Responsibility - Innovation • Transparency Code of Ethics and Conduct - At the Special Municipal Election held on February 5, 2008, voters approved an amendment to the City Charter which established the Code of Ethics and Conduct for elected officials and members of appointed boards, commissions, and committees to assure public confidence. The following are the core values expressed: - Integrity • Honesty • Responsibility • Fairness • Accountability • Respect • Efficiency Page 2 10/3/2023 Members of the public may attend the City Council meeting in -person or join via Zoom. The City Council meeting will occur live via teleconference Zoom webinar. You may view the meeting from your computer, tablet or smart phone via YouTube LiveStream at www.youtube.com/user/SantaAnaLibrary or on CTV3, available on Spectrum channel 3. PUBLIC COMMENTS — Members of the public who wish to address the City Council on closed session items, items on the regular agenda or on matters which are not on the agenda, but are within the subject matter jurisdiction of the City Council may do so by one of the following ways: • MAILING OPTION written communications — Public comments may be mailed to: Office of the City Clerk, 20 Civic Center Plaza M-30, Santa Ana, CA 92701. All written communications received via mail by 4:00 p.m. on the day of the meeting will be distributed to the City Council and imaged into the City's document archive system which is available for public review. • SENDING E-MAIL OPTION — Public comments may be sent via email to the City Clerk's office at eComment(a)santa-ana.org. Please note the agenda item you are commenting on in the subject line of the email. All emails received two (2) hours before the scheduled start of the meeting will be distributed to the City Council and imaged into the City's document archive system which is available for public review. • LIVE VIRTUAL OPTION — Members of the public may provide live comments during the meeting by Zoom or Conference Call. To join by Zoom click on or type the following address into your web browser https://us02web.zoom.us/j/315965149. To join the Conference Call: Dial (669) 900-9128 and enter MEETING ID: 315 965 149#. You will be prompted by the City Clerk when it is time for a: i) closed session item, ii) general agenda item, iii) public hearing item, iv) special agenda item, or v) for Housing Authority item. You may request to speak by dialing *9 from your phone or you may virtually raise your hand from Zoom. After the Clerk confirms the last three digits of the caller's phone number or Zoom ID and unmutes them, the caller must press *6 or microphone icon to speak. Callers are encouraged, but not required, to identify themselves by name. Each caller will be provided three (3) minutes to speak, unless due to the number of speakers wanting to speak a decision is made to provide a different amount of time to speak. • IN -PERSON OPTION - Members of the public can provide in -person comments at the podium in the Council Chamber. The Council Chamber will have seating available for members of the public to attend the meeting in -person. Public comments are limited to three (3) minutes per speaker, unless a different time is announced by the presiding chair. Speakers who wish to address the Council must do so by submitting a "Request to Speak" card by 4:00 p.m. for Closed Session items and by 5:45 p.m. for all other designated public comment periods as listed below. Cards will not be accepted after the Public Comment Session begins without the permission of the presiding chair. The following designated public comment periods are: 1. LIVE PUBLIC COMMENTS ON CLOSED SESSION ITEMS —You can provide live comments on closed session items by joining Zoom or the Conference Call as described in Page 3 10/3/2023 the LIVE or IN -PERSON PUBLIC COMMENTS OPTION above. Speaker queue will open at 3:30 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL BY 4:00 p.m. Speakers who are not in the speaker queue by 4:00 p.m. will not be permitted to speak. 2. LIVE PUBLIC COMMENTS ON REGULAR AGENDA ITEMS AND NON -AGENDA ITEMS (GENERAL PUBLIC COMMENT) — You can provide comments by joining Zoom or the Conference Call as described in the LIVE or IN -PERSON PUBLIC COMMENTS OPTION above. Speaker queue will open at 3:30 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL PRIOR TO 5:45 p.m. Speakers who are not in the speaker queue by 5:45 p.m. will not be permitted to speak. 3. LIVE PUBLIC COMMENTS ON PUBLIC HEARING ITEMS —You can provide comments by joining Zoom or the Conference Call as described in the LIVE or IN -PERSON PUBLIC COMMENTS OPTION above. Speakers not in the queue by 5:45 p.m. will not be permitted to speak. TRANSLATION SERVICES - Spanish interpreting services are provided at City Council meetings. Simultaneous Spanish interpretation is provided through the use of headsets and consecutive interpretation (Spanish -to -English) in addition to those wishing to address the City Council at the podium. La ciudad provee servicios de interpretacion all espanol en las juntas del Concilio. La interpretacion simultanea al espanol se ofrece por medio del use de audifonos y la interpretacion consecutiva (espanol a ingles) tambien esta disponible para cualquiera que desee dirigirse all concilio municipal en el podio. About the Agenda To download or view the attachments (staff report and other supporting documentation) for each agenda item, you must select the agenda item to see the attachments to either open in a new link (the eyeball or download a pdf (the cloud symbol with the down arrow ). Page 4 10/3/2023 CALL TO ORDER ATTENDANCE ROLL CALL CLOSED SESSION Councilmembers Phil Bacerra Johnathan Ryan Hernandez David Penaloza Thai Viet Phan Benjamin Vazquez Mayor Pro Tern Jessie Lopez Mayor Valerie Amezcua City Manager Kristine Ridge City Attorney Sonia R. Carvalho City Clerk Jennifer L. Hall ADDITIONS\DELETIONS TO CLOSED SESSION PUBLIC COMMENTS — Members of the public may address the City Council on Closed Session items. RECESS — City Council will recess to Closed Session for the purpose of conducting regular City business. CLOSED SESSION ITEMS — The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation: 1. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION pursuant to Paragraph (1) of Subdivision (d) of Section 54956.9 of the Government Code: • Santa Ana Police Officers Association v. City of Santa Ana, Public Employment Relations Board Case No. LA-CE-1658-M 2. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a): Agency Negotiator: Jason Motsick, Human Resources Executive Director Employee Organization: • Santa Ana Police Officers Association (POA) 3. CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code: • Margarita Jimenez v. City of Santa Ana, et al., Orange County Superior Court, Case No. 30-2021-01222252-CU-PA-NJC Page 5 10/3/2023 4. CONFERENCE WITH LEGAL COUNSEL — SIGNIFICANT EXPOSURE TO LITIGATION pursuant to Government Code Section 54956.9(d)(2): • One (1) matter [personnel claim] RECONVENE — City Council will reconvene to continue regular City business. Page 6 10/3/2023 CITY COUNCIL REGULAR OPEN SESSION CALL TO ORDER ATTENDANCE Councilmembers Mayor Pro Tern Mayor City Manager City Attorney City Clerk ROLL CALL Phil Bacerra Johnathan Ryan Hernandez David Penaloza Thai Viet Phan Benjamin Vazquez Jessie Lopez Valerie Amezcua Kristine Ridge Sonia R. Carvalho Jennifer L. Hall PLEDGE OF ALLEGIANCE Mayor Amezcua WORDS OF INSPIRATION Pastor Tommy Cota, Hope Alive Church ADDITIONS\DELETIONS TO THE AGENDA CEREMONIAL PRESENTATIONS 1. Certificates of Recognition presented by Mayor Amezcua to Abound Food Care for Outstanding Contributions to the Community. 2. Certificate presented by Mayor Pro Tern Lopez to Sofia Wolff for Exceptional Athletic Performance and for qualifying to represent the United States at the Figures World Cup in 2023. 3. Proclamation presented by Councilmember Bacerra to Orange County Fire Authority declaring October 8-14, 2023 as Fire Prevention Week. 4. Proclamation presented by Councilmember Phan to Ben Chu declaring September 29, 2023 as Mid -Autumn Festival Day. STAFF PRESENTATIONS 5. Homelessness Update Page 7 10/3/2023 CLOSED SESSION REPORT — The City Attorney will report on any action(s) from Closed Session. PUBLIC COMMENT — Public comments will be held during the beginning of the meeting for ALL comments on agenda and non -agenda items, with the exception of public hearings. Comments for public hearings will take place after the hearing is opened. I CONSENT CALENDAR RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 6 through 14 and waive reading of all resolutions and ordinances. 6. Excused Absences Department(s): City Clerk's Office Recommended Action: Excuse the absent members. 7. Public Intoxication and Substance Abuse Enforcement - Monthly Report Department(s): Police Department Recommended Action: Receive and file. 8. Award Purchase Orders to Guaranty Chevrolet Motors, Inc. and Penske Chevrolet of Cerritos for Two Chevrolet Trucks in an Aggregate Amount Not to Exceed $212,899 (Specification No. 23-146) (General Fund and Non -General Fund) Department(s): Public Works Agency Recommended Action: 1. Authorize a one-time purchase and payment of purchase order to Guaranty Chevrolet Motors, Inc. for one Chevrolet 2500HD Truck in the amount of $92,377, plus a contingency amount of $10,000, for a total amount not to exceed $102,377, subject to non -substantive changes approved by the City Manager and City Attorney. 2. Authorize a one-time purchase and payment of purchase order to Penske Chevrolet of Cerritos for one Chevrolet 2500HD Utility Service Body Truck in the amount of $100,522, plus a contingency amount of $10,000, for a total amount not to exceed $110,522, subject to non -substantive changes approved by the City Manager and City Attorney. 9. Approve Second Amendment with Bucknam Infrastructure Group, Inc. to Extend the Agreement Term and Increase the Total Agreement Amount by $100,000 for Pavement Management Program and Geographic Information System Professional Services (Non -General Fund) (Project 24-6898) Page 8 10/3/2023 Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute a second amendment to the agreement with Bucknam Infrastructure Group, Inc. to extend the agreement term to expire October 18, 2024, and increase the total compensation by $100,000, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-XXX). 10. Approve Agreements with AKM Consulting Engineers, Anser Advisory Management, LLC., Ardurra Group, Inc., Cannon, and Willdan Engineering for On -Call Construction Management and Inspection Services in an Aggregate Amount Not to Exceed $3,000,000, for up to a Five -Year Term Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute agreements with AKM Consulting Engineers, Anser Advisory Management, LLC., Ardurra Group, Inc., Cannon, and Willdan Engineering to provide on -call construction management and inspection services for a shared aggregate amount not to exceed $3,000,000, for a three-year term beginning October 3, 2023 and expiring on October 2, 2026, with the provision for one two-year extension, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-XXX). 11. Amend Agreement with iWater, Inc. for Water System Computer Modeling and Engineering Services by an Additional Amount Not to Exceed $240,000 for the Remainder of the Agreement Term including Final Extension Option from April 1, 2024 through March 31, 2025 (Non -General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute the first amendment to the agreement with iWater, Inc. for water system mapping and support services, to increase amount by $120,000 annually for the remainder of the term, and exercise the final extension option from April 1, 2024 through March 31, 2025 for $120,000, for a total amount not to exceed $240,000, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-XXX). 12. Approve a Three -Year Agreement with the Garden Grove Unified School District for School Resource Officer Services in the Amount of $630,657 Payable to the City Department(s): Police Department Recommended Action: Authorize the City Manager to execute a three-year service agreement with the Garden Grove Unified School District (GGUSD), which provides for the Santa Ana Police Department to staff one full time School Resource Officer (SRO) to the school district, for the period of October 3, 2023 through October 2, 2026, in an amount not to exceed $630,657 payable to the City, subject to non - substantive changes approved by the City Manager and the City Attorney (Agreement No. 2023-XXX). Page 9 10/3/2023 13. Agreement with Seaside Ice, LLC, dba Ice -America, for a Seasonal Ice Rink and Related Services (General Fund) Department(s): Parks, Recreation, and Community Services Recommended Action: Authorize the City Manager to execute an agreement with Seaside Ice, LLC, dba Ice- America, for a total amount not to exceed $795,936, which includes the base amount of $723,536 and a contingency amount of $72,400, for a term beginning October 3, 2023 and ending January 31, 2024, subject to non - substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-XXX). 14. Adopt a Resolution Declaring City -Owned Properties as Surplus Land and Exempt Surplus Land and Directing the City Manager or their designee to Comply with the Requirement of Government Code §54220 et seq. for the Sale and Activation of Surplus Land Department(s): Public Works Agency Recommended Action: Adopt a resolution declaring City -owned property as surplus land and exempt surplus land and directing the City Manager or designee to comply with the requirements of Government Code §54220 et seq. for the sale and transfer of ownership accordingly. Surplus Land: PN Address Land Use Remnant Area Lot Configuration 011-134-06 901 E. Chestnut Ave. R 5,977 Standard 099-224-39 5225 W. 1St St. R1 5,738 Standard 099-224-38 5221 W. 1st St. R1 5,744 Standard 008-225-23 217 S. Bristol St. R2 3,447 Standard 008-225-24 219 S. Bristol St. R2 5,616 Standard 008-231-25 223 S. Bristol St. R2 4,556 Standard 004-121-12 1307 W. 10th St. SP1 6,255 Standard 099-224-33 1114 N. Euclid St. Icl 5,000 Substandard Exempt Surplus Land: PN Address Land Use Remnant Area Lot Configuration 109-121-23 2201 W. La Verne Ave. R 1,651 Substandard 008-084-10 1102 W. 5th St. R 2,711 Substandard 405-121-06 801 N. English St. R 3,976 SubStandard 109-092-61 1209 S Sullivan St. R 3,226 Substandard 002-131-57 2337 N. Riverside Dr. R 2,150 Substandard 403-121-30 1730 S. Grand Ave. R 505 Substandard 398-381-09 414 Santa Fe R 1,731 Substandard 013-053-33 1442 S. Baker St. R 2,810 Substandard 013-052-27 1441 S. Baker St. R 336 Substandard 013-052-28 11442 S. Rosewood Ave. IR 1409 Substandard 013-123-25 11434 S. Towner St. IR 11,411 JSubStandard 013-124-23 11435 S. Towner St. IR 11,587 ISubStandard Page 10 10/3/2023 013-121-25 1435 S. Lowell St. R 1,257 Substandard 013-124-24 1434 S. Lowell St. R 1,444 Substandard 144-303-22 3706 W. Camille St. SP2 597 Unknown 398-236-01 621 Spurgeon R 1,369 Substandard 410-071-44 3025 Ramona Dr. R 4,025 Substandard RESOLUTION NO. 2023-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DECLARING VARIOUS PROPERTIES AS SURPLUS LAND AND EXEMPT SURPLUS LAND AND DIRECTING THE CITY MANAGER TO FOLLOW THE PROCEDURES SET FORTH IN THE SURPLUS LAND ACT, CALIFORNIA GOVERNMENT CODE SECTION 54220, ET SEQ., AS AMENDED, FOR THEIR DISPOSITION **END OF CONSENT CALENDAR** I BUSINESS CALENDAR 15. Ordinance Adding Article XV, Sections 36-706 through 36-710, Entitled "Street Racing and Reckless Driving Exhibitions Prohibited" to the Santa Ana Municipal Code Prohibiting Spectators at Illegal Speed Contests and Reckless Driving Exhibitions Department(s): Police Department Recommended Action: Approve first reading of an ordinance to prohibit spectators who knowingly attend or assist with illegal speed contests and reckless driving exhibitions. If approved, Article XV, sections 36-706 through 36-710 entitled "Street Racing and Reckless Driving Exhibitions Prohibited" will be added to the Santa Ana Municipal Code. ORDINANCE NO. 2023- XXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADDING A NEW ARTICLE XV TO CHAPTER 36 OF THE SANTA ANA MUNICIPAL CODE TO PROHIBIT SPECTATORS AT A STREET RACE OR RECKLESS DRIVING EXHIBITION (includes determination that this ordinance is not subject to the California Environmental Quality Act under California Code of Regulations, Title 14, Section 15060, subdivision (c)(2), because the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment nor under subdivision (c)(3) because the activity has no potential for resulting in physical change to the environment, directly or indirectly and so is not a project) 16. Consider Options Presented Regarding Whether to Affirm the City Council's Adoption of the Rent Stabilization and Just Cause Eviction Ordinance and/or Whether to Amend the Rent Stabilization and Just Cause Eviction Ordinance to Require Two - Thirds Approval of all of the Members of the Santa Ana City Council to Amend the Page 11 10/3/2023 Ordinance in the Future Department(s): City Attorney Office Recommended Action: Consider the options described below and, at a minimum, act on Option Two by approving first reading of the ordinance to affirm prior Council adoption and consider approving first reading of an ordinance requiring two-thirds approval of all members of the Council to amend certain provisions of the ordinance in the future (Option Three); and also consider taking action to present a ballot measure to the voters to adopt a version of the current ordinance (Option Four) or an ordinance requiring two-thirds approval to amend certain provisions in the future (Option Five) with associated election details. 1. Take no action; OR 2. Affirm prior Council action by approving the First Reading of an Ordinance Affirming the Santa Ana City Council's Adoption of Ordinance No. NS-3027 Entitlec An Ordinance of the City Council of the City of Santa Ana Amending Article X of Chapter 8 of the Santa Ana Municipal Code and Creating a New Article XIX in Chapter 8 of the Santa Ana Municipal Code Pertaining to the Rent Stabilization and Just Cause Eviction Ordinances ORDINANCE NO. NS-XXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AFFIRMING ADOPTION OF ORDINANCE NO. NS-3027 AMENDING ARTICLE X OF CHAPTER 8 OF THE SANTA ANA MUNICIPAL CODE AND CREATING A NEW ARTICLE XIX IN CHAPTER 8 OF THE SANTA ANA MUNICIPAL CODE PERTAINING TO THE RENT STABILIZATION AND JUST CAUSE EVICTION ORDINANCES (includes determination that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines because it will not have a direct or reasonably foreseeable indirect physical change in the environment as it is not a "project" as defined in section 15378 of the State CEQA Guidelines); OR 3. Approve the First Reading of an Ordinance Amending Article X of Chapter 8 of the Santa Ana Municipal Code Pertaining to the Rent Stabilization and Just Cause Eviction Ordinances to Require Two -Thirds Approval by All of the Members of the City Council for Certain Future Amendments ORDINANCE NO. NS-XXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING ARTICLE XIX OF CHAPTER 8 OF THE SANTA ANA MUNICIPAL CODE PERTAINING TO THE RENT STABILIZATION AND JUST CAUSE EVICTION ORDINANCES TO REQUIRE TWO-THIRDS APPROVAL BY ALL MEMBERS OF THE CITY COUNCIL FOR CERTAIN FUTURE AMENDMENTS (includes determination that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines because it will not have a direct or reasonably foreseeable indirect physical change in the environment as it is not a "project" as defined in section 15378 of the State CEQA Guidelines); Page 12 10/3/2023 AND/OR 4. Approve a Resolution of the City Council of the City of Santa Ana Giving Notice of a General Municipal Election of November 5, 2024 for the Submission of a Ballot Measure to the Qualified Voters to Affirm the Santa Ana City Council's Adoption of a Rent Stabilization and Just Cause Eviction Ordinance and Providing for the Filing of Argument and Rebuttal Statement (This is a ballot measure for voter approval of the Option 2 version of the ordinance) RESOLUTION NO. 2023-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA GIVING NOTICE OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN THE CITY OF SANTA ANA ON NOVEMBER 5, 2024 FOR THE SUBMISSION OF A BALLOT MEASURE TO THE QUALIFIED VOTERS AFFIRMING THE SANTA ANA CITY COUNCIL'S ADOPTION OF A RENT STABILIZATION AND JUST CAUSE EVICTION ORDINANCE, REQUESTING CONSOLIDATION WITH THE STATEWIDE GENERAL ELECTION, AND PROVIDING FOR THE FILING OF ARGUMENT AND REBUTTAL STATEMENTS (includes determination that this Resolution is not subject to the California Environmental Quality Act (CEQA) pursuant to sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines because it will not have a direct or reasonably foreseeable indirect physical change in the environment as it is not a "project" as defined in section 15378 of the State CEQA Guidelines); AND/OR 5. Approve a Resolution of the City Council of the City of Santa Ana Giving Notice of a General Municipal Election of November 5, 2024 for the Submission of a Ballot Measure to the Qualified Voters to Amend the Rent Stabilization and Just Cause Eviction Ordinance to require Two -Thirds Approval by All the Members of the City Council for Certain Future Amendments and Providing for the Filing of Argument and Rebuttal Statements (This is a ballot measure for voter approval of the Option 3 version of the ordinance requiring two-thirds voter approval) RESOLUTION NO. 2023-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA GIVING NOTICE OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN THE CITY OF SANTA ANA ON NOVEMBER 5, 2024 FOR THE SUBMISSION OF A BALLOT MEASURE TO THE QUALIFIED VOTERS AMENDING THE CITY'S RENT STABILIZATION AND JUST CAUSE EVICTION ORDINANCE TO REQUIRE TWO-THIRDS APPROVAL BY ALL OF THE MEMBERS OF THE CITY COUNCIL FOR AMENDMENT OF CERTAIN PROVISIONS OF THE ORDINANCE, REQUESTING CONSOLIDATION WITH THE STATEWIDE GENERAL ELECTION, r_V1.IW:Z•1TA1.]n[e1a01:aI:IaaI1n10to] awl :0111JI: 101r_101911 7: 1:1,111ar_1I STATEMENTS (includes determination that this Resolution is not subject to the California Environmental Quality Act (CEQA) pursuant to sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines because it will not have a direct or reasonably foreseeable indirect physical change in the environment as it is not a "project" as defined in section 15378 of the State CEQA Guidelines) Page 13 10/3/2023 **END OF BUSINESS CALENDAR** PUBLIC HEARINGS PUBLIC COMMENTS — Members of the public may address the City Council on each of the Public Hearing items. 17. Appeal Application No. 2023-06 Appealing the Decision of the Planning Commission to Deny Modification to Conditional Use Permit (CUP) No. 2019-41 and CUP No. 2023-03 for a New Service Station at 2230 N. Tustin Avenue Legal Notice published in the Orange County Report on September 22, 2023 and said notice mailed on September 21, 2023. Department(s): Planning and Building Agency Recommended Action: After conducting its public hearing on the item, the City Council may take one of the following three actions: 1. Adopt a resolution denying Appeal Application No. 2023-06 and upholding the determination of the Planning Commission to deny modification to Conditional Use Permit No. 2019-41 and Conditional Use Permit No. 2023-03. RESOLUTION NO. 2023-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DENYING APPEAL NO. 2023-06 AND UPHOLDING THE DETERMINATION OF THE PLANNING COMMISSION TO DENY A MODIFICATION TO CONDITIONAL USE PERMIT NO. 2019-41 TO ALLOW THE CONSTRUCTION OF A SERVICE STATION, AND TO DENY CONDITIONAL USE PERMIT NO. 2023-03 FOR A LAND USE THAT REQUIRES A REGIONAL, STATE, OR FEDERAL PERMIT TO HANDLE, STORE, EMIT OR DISCHARGE REGULATED COMPOUNDS, MATERIALS, CHEMICALS, OR SUBSTANCES WITHIN 500 LINEAR FEET OF A PUBLIC PARK, SCHOOL (K-12), OR RESIDENTIAL ZONE IN THE ARTERIAL COMMERCIAL (C5) ZONING DISTRICT, FOR THE PROPERTY LOCATED AT 2230 NORTH TUSTIN AVENUE OR 2. Adopt a resolution approving Appeal Application No. 2023-06 overturning the determination of the Planning Commission, thereby approving modification to Conditional Use Permit No. 2019-41 and Conditional Use Permit No. 2023-03 as conditioned. RESOLUTION NO. 2023-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING APPEAL NO. 2023-06, THEREBY OVERTURNING THE DETERMINATION OF THE PLANNING COMMISSION AND APPROVING A MODIFICATION TO CONDITIONAL USE PERMIT NO. 2019-41 TO ALLOW THE CONSTRUCTION OF A SERVICE STATION, AND APPROVING CONDITIONAL USE PERMIT NO. 2023-03 FOR A LAND USE THAT REQUIRES A REGIONAL, STATE, OR FEDERAL PERMIT TO HANDLE, STORE, EMIT OR DISCHARGE REGULATED COMPOUNDS, Page 14 10/3/2023 MATERIALS, CHEMICALS, OR SUBSTANCES WITHIN 500 LINEAR FEET OF A PUBLIC PARK, SCHOOL (K-12), OR RESIDENTIAL ZONE IN THE ARTERIAL COMMERCIAL (C5) ZONING DISTRICT, FOR THE PROPERTY LOCATED AT 2230 NORTH TUSTIN AVENUE (includes determination that this project is exempt from further review pursuant to the California Environmental Quality Act (CEQA) pursuant to Section 15303 of the CEQA Guidelines (Class 3 — New Construction or Conversion of Small Structures) as Notice of Exemption, Environmental Review No. 2017-83, will be filed for this project) OR 3. Adopt a resolution approving Appeal Application No. 2023-06 overturning the determination of the Planning Commission, thereby approving Conditional Use Permit No. 2019-41 and Conditional Use Permit No. 2023-03 with modified conditions of approval. RESOLUTION NO. 2023-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING APPEAL NO. 2023-06, THEREBY OVERTURNING THE DETERMINATION OF THE PLANNING COMMISSION AND APPROVING A MODIFICATION TO CONDITIONAL USE PERMIT NO. 2019-41 TO ALLOW THE CONSTRUCTION OF A SERVICE STATION, AND APPROVING CONDITIONAL USE PERMIT NO. 2023-03 FOR A LAND USE THAT REQUIRES A REGIONAL, STATE, OR FEDERAL PERMIT TO HANDLE, STORE, EMIT OR DISCHARGE REGULATED COMPOUNDS, MATERIALS, CHEMICALS, OR SUBSTANCES WITHIN 500 LINEAR FEET OF A PUBLIC PARK, SCHOOL (K-12), OR RESIDENTIAL ZONE IN THE ARTERIAL COMMERCIAL (C5) ZONING DISTRICT, FOR THE PROPERTY LOCATED AT 2230 NORTH TUSTIN AVENUE (includes determination that this project is exempt from further review pursuant to the California Environmental Quality Act (CEQA) pursuant to Section 15303 of the CEQA Guidelines (Class 3 — New Construction or Conversion of Small Structures) as Notice of Exemption, Environmental Review No. 2017-83, will be filed for this project) 18. Appeal Application Nos. 2023-02 and 2023-03, appealing the decision of the Planning Commission to approve Site Plan Review (SPR) No. 2023-01 and Tentative Tract Map (TTM) No. 2023-03 (County Map No. 19243) to facilitate the construction of a mixed -use development known as Cabrillo Town Center at 1901 and 1971 East Fourth Street and 515 and 525 North Cabrillo Park Drive (collectively 1901 East Fourth Street) Legal notice published in the Orange County Reporter on September 22, 2023 and said notice mailed on September 21, 2023. Department(s): Planning and Building Agency Recommended Action: Adopt a resolution denying Appeal Application Nos. 2023- 02 and 2023-03 and upholding the Planning Commission's approval of two Page 15 10/3/2023 resolutions to approve Site Plan Review (SPR) No. 2023-01 and Tentative Tract Map (TTM) No. 2023-03 (County Map No. 19243) to facilitate the construction of a mixed - use development known as Cabrillo Town Center at 1901 and 1971 East Fourth Street and 515 and 525 North Cabrillo Park Drive (collectively 1901 East Fourth Street). RESOLUTION NO. 2023-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DENYING APPEAL APPLICATION NOS. 2023-02 AND 2023- 03 AND UPHOLDING THE DETERMINATION OF THE PLANNING COMMISSION TO APPROVE SITE PLAN REVIEW (SPR) NO. 2023-01 AND TENTATIVE TRACT MAP (TTM) NO. 2023-03 (COUNTY MAP NO. 19243) TO FACILITATE THE CONSTRUCTION OF A MIXED -USE DEVELOPMENT KNOWN AS CABRILLO TOWN CENTER AT 1901 AND 1971 EAST FOURTH STREET AND 515 AND 525 NORTH CABRILLO PARK DRIVE, COLLECTIVELY 1901 EAST FOURTH STREET (APNS: 400-051-02; 400-051- 09; 400-051-14; AND 400-051-15) (includes determination that in accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the Project is within the scope of the 2007 Metro East Mixed -Use Overlay Zone Environmental Impact Report (EIR) and 2018 Subsequent EIR (SEIR (SCH No. 2006031041)). CITY MANAGER COMMENTS COUNCIL COMMENTS AB1234 DISCLOSURE — If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended. September 20-22, 2023 Councilmember Phan — League of California Cities Annual Conference in Sacramento, CA. 2. September 20-22, 2023 Councilmember Bacerra — League of California Cities Annual Conference in Sacramento, CA. 3. September 21-22, 2023 Councilmember Penaloza — League of California Cities Annual Conference in Sacramento, CA ADJOURNMENT — Adjourn the City Council meeting. Future Items 1. Sanitation Fee Cost of Service Study and Prop. 218 Process Authorization 2. Potential Ballot Measure Regarding Non -Citizen Voting POSTING STATEMENT: On September 26, 2023, a true and correct copy of this agenda Page 16 10/3/2023 was posted at the entrance to City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. Internet Access to City Council, Agency, and Authority agendas and related material is available prior to meetings at santa-ana.org/city-meetings. Page 17 10/3/2023