Santa Ana — 2023-10-03

1.\nCONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION pursuant\nto Paragraph (1) of Subdivision (d) of Section 54956.9 of the Government\nCode:\nSanta Ana Police Officers Association v. City of Santa Ana, Public\nEmployment Relations Board Case No. LA-CE-1658-M

2.\nCONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code\nSection 54957.6(a):\nAgency Negotiator: Jason Motsick, Human Resources Executive Director\nEmployee Organization:\nSanta Ana Police Officers Association (POA)

3.\nCONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION pursuant\nto Paragraph (1) of subdivision (d) of Section 54956.9 of the Government\nCode:\nMargarita Jimenez v. City of Santa Ana, et al., Orange County Superior\nCourt, Case No. 30-2021-01222252-CU-PA-NJC

4.\nCONFERENCE WITH LEGAL COUNSEL – SIGNIFICANT EXPOSURE TO\nLITIGATION pursuant to Government Code Section 54956.9(d)(2):\nOne (1) matter [personnel claim]

1.\nCertificates of Recognition presented by Mayor Amezcua to Abound Food\nCare for Outstanding Contributions to the Community.

10.\nApprove Agreements with AKM Consulting Engineers, Anser Advisory\nManagement, LLC., Ardurra Group, Inc., Cannon, and Willdan Engineering for\nOn-Call Construction Management and Inspection Services in an Aggregate\nAmount Not to Exceed $3,000,000, for up to a Five-Year Term\nDepartment(s): Public Works Agency\nRecommended Action: Authorize the City Manager to execute agreements\nwith AKM Consulting Engineers, Anser Advisory Management, LLC., Ardurra\nGroup, Inc., Cannon, and Willdan Engineering to provide on-call construction\nmanagement and inspection services for a shared aggregate amount not to\nexceed $3,000,000, for a three-year term beginning October 3, 2023 and\nexpiring on October 2, 2026, with the provision for one two-year extension,\nsubject to non-substantive changes approved by the City Manager and City\nAttorney (Agreement No. 2023-XXX).

11.\nAmend Agreement with iWater, Inc. for Water System Computer Modeling and\nEngineering Services by an Additional Amount Not to Exceed $240,000 for\nthe Remainder of the Agreement Term including Final Extension Option from\nApril 1, 2024 through March 31, 2025 (Non-General Fund)\nDepartment(s): Public Works Agency\nRecommended Action: Authorize the City Manager to execute the first\namendment to the agreement with iWater, Inc. for water system mapping and\nsupport services, to increase amount by $120,000 annually for the remainder\nof the term, and exercise the final extension option from April 1, 2024 through\nMarch 31, 2025 for $120,000, for a total amount not to exceed $240,000,\nsubject to non-substantive changes approved by the City Manager and City\nAttorney (Agreement No. 2023-XXX).

12.\nApprove a Three-Year Agreement with the Garden Grove Unified School\nDistrict for School Resource Officer Services in the Amount of $630,657\nPayable to the City\nDepartment(s): Police Department\nRecommended Action: Authorize the City Manager to execute a three-year\nservice agreement with the Garden Grove Unified School District (GGUSD),\nwhich provides for the Santa Ana Police Department to staff one full time\nSchool Resource Officer (SRO) to the school district, for the period of October\n3, 2023 through October 2, 2026, in an amount not to exceed $630,657\npayable to the City, subject to non-substantive changes approved by the City\nManager and the City Attorney (Agreement No. 2023-XXX).

13.\nAgreement with Seaside Ice, LLC, dba Ice-America, for a Seasonal Ice Rink\nand Related Services (General Fund)\nDepartment(s): Parks, Recreation, and Community Services\nRecommended Action: Authorize the City Manager to execute an\nagreement with Seaside Ice, LLC, dba Ice- America, for a total amount not to\nexceed $795,936, which includes the base amount of $723,536 and a\ncontingency amount of $72,400, for a term beginning October 3, 2023 and\nending January 31, 2024, subject to non-substantive changes approved by\nthe City Manager and City Attorney (Agreement No. 2023-XXX).

14.\nAdopt a Resolution Declaring City-Owned Properties as Surplus Land and\nExempt Surplus Land and Directing the City Manager or their designee to\nComply with the Requirement of Government Code §54220 et seq. for the\nSale and Activation of Surplus Land\nDepartment(s): Public Works Agency\nRecommended Action: Adopt a resolution declaring City-owned property as\nsurplus land and exempt surplus land and directing the City Manager or\ndesignee to comply with the requirements of Government Code §54220 et\nseq. for the sale and transfer of ownership accordingly.\nSurplus Land:\nAPN\nAddress\nLand Use\nRemnant\nLot Configuration\nArea\n011-134-06\n901 E. Chestnut Ave.\nR\n5,977\nStandard\n099-224-39\n5225 W. 1St St.\nR1\n5,738\nStandard\n099-224-38\n5221 W. 1st St.\nR1\n5,744\nStandard\n008-225-23\n217 S. Bristol St.\nR2\n3,447\nStandard\n008-225-24\n219 S. Bristol St.\nR2\n5,616\nStandard\n008-231-25\n223 S. Bristol St.\nR2\n4,556\nStandard\n004-121-12\n1307 W. 10th St.\nSP1\n6,255\nStandard\n099-224-33\n114 N. Euclid St.\nC1\n5,000\nSubStandard\nExempt Surplus Land:\nAPN\nAddress\nLand Use\nRemnant\nArea\nLot Configuration\n109-121-23\n2201 W. La Verne Ave.\nR\n1,651\nSubStandard\n008-084-10\n1102 W. 5th St.\nR\n2,711\nSubStandard\n405-121-06\n801 N. English St.\nR\n3,976\nSubStandard\n109-092-61\n1209 S Sullivan St.\nR\n3,226\nSubStandard\n002-131-57\n2337 N. Riverside Dr.\nR\n2,150\nSubStandard\n403-121-30\n1730 S. Grand Ave.\nAPN\nAddress\nLand Use\nRemnant\nArea\nLot Configuration\nR\n505\nSubStandard\n398-381-09\n414 Santa Fe\nR\n1,731\nSubStandard\n013-053-33\n1442 S. Baker St.\nR\n2,810\nSubStandard\n013-052-27\n1441 S. Baker St.\nR\n336\nSubStandard\n013-052-28\n1442 S. Rosewood Ave.\nR\n409\nSubStandard\n013-123-25\n1434 S. Towner St.\nR\n1,411\nSubStandard\n013-124-23\n1435 S. Towner St.\nR\n1,587\nSubStandard\n013-121-25\n1435 S. Lowell St.\nR\n1,257\nSubStandard\n013-124-24\n1434 S. Lowell St.\nR\n1,444\nSubStandard\n144-303-22\n3706 W. Camille St.\nSP2\n597\nUnknown\n398-236-01\n621 Spurgeon\nR\n1,369\nSubstandard\n410-071-44\n3025 Ramona Dr.\nR\n4,025\nSubStandard\nRESOLUTION NO. 2023-XXX A RESOLUTION OF THE CITY COUNCIL\nOF THE CITY OF SANTA ANA DECLARING VARIOUS PROPERTIES AS\nSURPLUS LAND AND EXEMPT SURPLUS LAND AND DIRECTING THE\nCITY MANAGER TO FOLLOW THE PROCEDURES SET FORTH IN THE\nSURPLUS LAND ACT, CALIFORNIA GOVERNMENT CODE SECTION\n54220, ET SEQ., AS AMENDED, FOR THEIR DISPOSITION

15.\nOrdinance Adding Article XV, Sections 36-706 through 36-710, Entitled "Street\nRacing and Reckless Driving Exhibitions Prohibited" to the Santa Ana\nMunicipal Code Prohibiting Spectators at Illegal Speed Contests and\nReckless Driving Exhibitions\nDepartment(s): Police Department\nRecommended Action: Approve first reading of an ordinance to prohibit\nspectators who knowingly attend or assist with illegal speed contests and\nreckless driving exhibitions. If approved, Article XV, sections 36-706 through\n36-710 entitled “Street Racing and Reckless Driving Exhibitions Prohibited”\nwill be added to the Santa Ana Municipal Code.\nORDINANCE NO. 2023- XXXX AN ORDINANCE OF THE CITY COUNCIL\nOF THE CITY OF SANTA ANA ADDING A NEW ARTICLE XV TO CHAPTER\n36 OF THE SANTA ANA MUNICIPAL CODE TO PROHIBIT SPECTATORS AT\nA STREET RACE OR RECKLESS DRIVING EXHIBITION (includes\ndetermination that this ordinance is not subject to the California\nEnvironmental Quality Act under California Code of Regulations, Title 14,\nSection 15060, subdivision (c)(2), because the activity will not result in a\ndirect or reasonably foreseeable indirect physical change in the environment\nnor under subdivision (c)(3) because the activity has no potential for resulting\nin physical change to the environment, directly or indirectly and so is not a\nproject)

16.\nConsider Options Presented Regarding Whether to Affirm the City Council’s\nAdoption of the Rent Stabilization and Just Cause Eviction Ordinance and/or\nWhether to Amend the Rent Stabilization and Just Cause Eviction Ordinance\nto Require Two-Thirds Approval of all of the Members of the Santa Ana City\nCouncil to Amend the Ordinance in the Future\nDepartment(s): City Attorney Office\nRecommended Action: Consider the options described below and, at a\nminimum, act on Option Two by approving first reading of the ordinance to\naffirm prior Council adoption and consider approving first reading of an\nordinance requiring two-thirds approval of all members of the Council to\namend certain provisions of the ordinance in the future (Option Three); and\nalso consider taking action to present a ballot measure to the voters to adopt\na version of the current ordinance (Option Four) or an ordinance requiring\ntwo-thirds approval to amend certain provisions in the future (Option Five)\nwith associated election details.\n1. Take no action;\nOR\n2. Affirm prior Council action by approving the First Reading of an Ordinance\nAffirming the Santa Ana City Council’s Adoption of Ordinance No. NS-3027\nEntitled An Ordinance of the City Council of the City of Santa Ana Amending\nArticle X of Chapter 8 of the Santa Ana Municipal Code and Creating a New\nArticle XIX in Chapter 8 of the Santa Ana Municipal Code Pertaining to the\nRent Stabilization and Just Cause Eviction Ordinances\nORDINANCE NO. NS-XXXX AN ORDINANCE OF THE CITY COUNCIL\nOF THE CITY OF SANTA ANA AFFIRMING ADOPTION OF ORDINANCE\nNO. NS-3027 AMENDING ARTICLE X OF CHAPTER 8 OF THE SANTA ANA\nMUNICIPAL CODE AND CREATING A NEW ARTICLE XIX IN CHAPTER 8\nOF THE SANTA ANA MUNICIPAL CODE PERTAINING TO THE RENT\nSTABILIZATION AND JUST CAUSE EVICTION ORDINANCES (includes\ndetermination that this Ordinance is not subject to the California\nEnvironmental Quality Act (CEQA) pursuant to sections 15060(c)(2) and\n15060(c)(3) of the State CEQA Guidelines because it will not have a direct or\nreasonably foreseeable indirect physical change in the environment as it is\nnot a “project” as defined in section 15378 of the State CEQA Guidelines);\nOR\n3. Approve the First Reading of an Ordinance Amending Article X of Chapter 8\nof the Santa Ana Municipal Code Pertaining to the Rent Stabilization and Just\nCause Eviction Ordinances to Require Two-Thirds Approval by All of the\nMembers of the City Council for Certain Future Amendments\nORDINANCE NO. NS-XXXX AN ORDINANCE OF THE CITY COUNCIL\nOF THE CITY OF SANTA ANA AMENDING ARTICLE XIX OF CHAPTER 8\nOF THE SANTA ANA MUNICIPAL CODE PERTAINING TO THE RENT\nSTABILIZATION AND JUST CAUSE EVICTION ORDINANCES TO REQUIRE\nTWO-THIRDS APPROVAL BY ALL MEMBERS OF THE CITY COUNCIL FOR\nCERTAIN FUTURE AMENDMENTS\n(includes determination that this Ordinance is not subject to the California\nEnvironmental Quality Act (CEQA) pursuant to sections 15060(c)(2) and\n15060(c)(3) of the State CEQA Guidelines because it will not have a direct or\nreasonably foreseeable indirect physical change in the environment as it is\nnot a “project” as defined in section 15378 of the State CEQA Guidelines);\nAND/OR\n4. Approve a Resolution of the City Council of the City of Santa Ana Giving\nNotice of a General Municipal Election of November 5, 2024 for the\nSubmission of a Ballot Measure to the Qualified Voters to Affirm the Santa\nAna City Council’s Adoption of a Rent Stabilization and Just Cause Eviction\nOrdinance and Providing for the Filing of Argument and Rebuttal Statement\n(This is a ballot measure for voter approval of the Option 2 version of the\nordinance)\nRESOLUTION NO. 2023-XXX A RESOLUTION OF THE CITY COUNCIL\nOF THE CITY OF SANTA ANA GIVING NOTICE OF A GENERAL MUNICIPAL\nELECTION TO BE HELD IN THE CITY OF SANTA ANA ON NOVEMBER 5,\n2024 FOR THE SUBMISSION OF A BALLOT MEASURE TO THE\nQUALIFIED VOTERS AFFIRMING THE SANTA ANA CITY COUNCIL’S\nADOPTION OF A RENT STABILIZATION AND JUST CAUSE EVICTION\nORDINANCE, REQUESTING CONSOLIDATION WITH THE STATEWIDE\nGENERAL ELECTION, AND PROVIDING FOR THE FILING OF ARGUMENT\nAND REBUTTAL STATEMENTS\n(includes determination that this Resolution is not subject to the California\nEnvironmental Quality Act (CEQA) pursuant to sections 15060(c)(2) and\n15060(c)(3) of the State CEQA Guidelines because it will not have a direct or\nreasonably foreseeable indirect physical change in the environment as it is\nnot a “project” as defined in section 15378 of the State CEQA Guidelines);\nAND/OR\n5. Approve a Resolution of the City Council of the City of Santa Ana Giving\nNotice of a General Municipal Election of November 5, 2024 for the\nSubmission of a Ballot Measure to the Qualified Voters to Amend the Rent\nStabilization and Just Cause Eviction Ordinance to require Two-Thirds\nApproval by All the Members of the City Council for Certain Future\nAmendments and Providing for the Filing of Argument and Rebuttal\nStatements (This is a ballot measure for voter approval of the Option 3\nversion of the ordinance requiring two-thirds voter approval)\nRESOLUTION NO. 2023-XXX A RESOLUTION OF THE CITY COUNCIL\nOF THE CITY OF SANTA ANA GIVING NOTICE OF A GENERAL MUNICIPAL\nELECTION TO BE HELD IN THE CITY OF SANTA ANA ON NOVEMBER 5,\n2024 FOR THE SUBMISSION OF A BALLOT MEASURE TO THE\nQUALIFIED VOTERS AMENDING THE CITY’S RENT STABILIZATION AND\nJUST CAUSE EVICTION ORDINANCE TO REQUIRE TWO-THIRDS\nAPPROVAL BY ALL OF THE MEMBERS OF THE CITY COUNCIL FOR\nAMENDMENT OF CERTAIN PROVISIONS OF THE ORDINANCE,\nREQUESTING CONSOLIDATION WITH THE STATEWIDE GENERAL\nELECTION, AND PROVIDING FOR THE FILING OF ARGUMENT AND\nREBUTTAL STATEMENTS (includes determination that this Resolution is not\nsubject to the California Environmental Quality Act (CEQA) pursuant to\nsections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines because\nit will not have a direct or reasonably foreseeable indirect physical change in\nthe environment as it is not a “project” as defined in section 15378 of the\nState CEQA Guidelines)

17.each of the Public Hearing items.\nAppeal Application No. 2023-06 Appealing the Decision of the Planning\nCommission to Deny Modification to Conditional Use Permit (CUP) No. 2019-\n41 and CUP No. 2023-03 for a New Service Station at 2230 N. Tustin Avenue\nLegal Notice published in the Orange County Report on September 22, 2023\nand said notice mailed on September 21, 2023.\nDepartment(s): Planning and Building Agency\nRecommended Action: After conducting its public hearing on the item, the\nCity Council may take one of the following three actions:\n1. Adopt a resolution denying Appeal Application No. 2023-06 and\nupholding the determination of the Planning Commission to deny\nmodification to Conditional Use Permit No. 2019-41 and Conditional\nUse Permit No. 2023-03.\nRESOLUTION NO. 2023-XXX A RESOLUTION OF THE CITY\nCOUNCIL OF THE CITY OF SANTA ANA DENYING APPEAL NO.\n2023-06 AND UPHOLDING THE DETERMINATION OF THE\nPLANNING COMMISSION TO DENY A MODIFICATION TO\nCONDITIONAL USE PERMIT NO. 2019-41 TO ALLOW THE\nCONSTRUCTION OF A SERVICE STATION, AND TO DENY\nCONDITIONAL USE PERMIT NO. 2023-03 FOR A LAND USE THAT\nREQUIRES A REGIONAL, STATE, OR FEDERAL PERMIT TO\nHANDLE, STORE, EMIT OR DISCHARGE REGULATED\nCOMPOUNDS, MATERIALS, CHEMICALS, OR SUBSTANCES\nWITHIN 500 LINEAR FEET OF A PUBLIC PARK, SCHOOL (K-12), OR\nRESIDENTIAL ZONE IN THE ARTERIAL COMMERCIAL (C5)

2.\nCertificate presented by Mayor Pro Tem Lopez to Sofia Wolff for Exceptional\nAthletic Performance and for qualifying to represent the United States at the\nFigures World Cup in 2023.

3.\nProclamation presented by Councilmember Bacerra to Orange County Fire\nAuthority declaring October 8-14, 2023 as Fire Prevention Week.

4.\nProclamation presented by Councilmember Phan to Ben Chu declaring\nSeptember 29, 2023 as Mid-Autumn Festival Day.\nSTAFF PRESENTATIONS

5.\nHomelessness Update\nCONSENT CALENDAR\nRECOMMENDED ACTION: Approve staff recommendations on the\nfollowing Consent Calendar Items: 6 through 14 and waive reading of all\nresolutions and ordinances.

6.\nExcused Absences\nDepartment(s): City Clerk’s Office\nRecommended Action: Excuse the absent members.

7.\nPublic Intoxication and Substance Abuse Enforcement - Monthly Report\nDepartment(s): Police Department\nRecommended Action: Receive and file.

8.\nAward Purchase Orders to Guaranty Chevrolet Motors, Inc. and Penske\nChevrolet of Cerritos for Two Chevrolet Trucks in an Aggregate Amount Not to\nExceed $212,899 (Specification No. 23-146) (General Fund and Non-General\nFund)\nDepartment(s): Public Works Agency\nRecommended Action:\n1. Authorize a one-time purchase and payment of purchase order to Guaranty\nChevrolet Motors, Inc. for one Chevrolet 2500HD Truck in the amount of\n$92,377, plus a contingency amount of $10,000, for a total amount not to\nexceed $102,377, subject to non-substantive changes approved by the City\nManager and City Attorney.\n2. Authorize a one-time purchase and payment of purchase order to Penske\nChevrolet of Cerritos for one Chevrolet 2500HD Utility Service Body Truck in\nthe amount of $100,522, plus a contingency amount of $10,000, for a total\namount not to exceed $110,522, subject to non-substantive changes\napproved by the City Manager and City Attorney.

9.\nApprove Second Amendment with Bucknam Infrastructure Group, Inc. to\nExtend the Agreement Term and Increase the Total Agreement Amount by\n$100,000 for Pavement Management Program and Geographic Information\nSystem Professional Services (Non-General Fund) (Project 24-6898)\nDepartment(s): Public Works Agency\nRecommended Action: Authorize the City Manager to execute a second\namendment to the agreement with Bucknam Infrastructure Group, Inc. to\nextend the agreement term to expire October 18, 2024, and increase the total\ncompensation by $100,000, subject to non-substantive changes approved by\nthe City Manager and City Attorney (Agreement No. 2023-XXX).