Santa Ana — 2023-12-05

1.\nCONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION pursuant\nto Paragraph (1) of subdivision (d) of Section 54956.9 of the Government\nCode:\nAnthony Gonzalez, et al. v. City of Santa Ana, et al., Orange County\nSuperior Court, Case No. 30-2022-01284596

2.\nCONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code\nSection 54957.6(a):\nAgency Negotiator: Ramon Figueroa, Acting Human Resources Executive\nDirector\nEmploye Organization:\nSanta Ana Police Officers Association (POA)

1.\nCertificates of Recognition presented by Mayor Amezcua to The Mater Dei\nHigh School Varsity Cheerleading Team for Exceptional Athletic\nAccomplishments\nCONSENT CALENDAR\nRECOMMENDED ACTION: Approve staff recommendations on the\nfollowing Consent Calendar Items: 2 through 17 and waive reading of all\nresolutions and ordinances.

10.\nApprove a First Amendment to the Memorandum of Understanding between\nthe City of Santa Ana and the Confidential Association of Santa Ana\nDepartment(s): Human Resources\nRecommended Action: Authorize the Interim City Manager to execute a First\nAmendment to the Memorandum of Understanding (MOU) between the City\nof Santa Ana and the Confidential Association of Santa Ana (CASA) for the\nperiod of July 1, 2022 through June 30, 2025, modifying and delineating\nspecific articles of the MOU subject to non-substantive changes approved by\nthe City Manager and City Attorney (Agreement No. 2023-XXX).

11.\nA Resolution Authorizing Application to the California State Department of\nHousing and Community Development for the Prohousing Designation\nProgram\nDepartment(s): Planning and Building Agency\nRecommended Action: Adopt a Resolution authorizing the application to the\nCalifornia State Department of Housing and Community Development\nProhousing Designation Program.\nRESOLUTION NO. 2023-XXXX entitled A RESOLUTION OF THE CITY\nCOUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE APPLICATION\nTO AND PARTICIPATION IN THE PROHOUSING DESIGNATION PROGRAM

12.\nSecond One-Year Extension of Site Plan Review No. 2020-03 and Variance\nNo. 2020-06 for the 4th and Mortimer Mixed-Use Development Project\nLocated at 409 and 509 East Fourth Street\nDepartment(s): Planning and Building Agency\nRecommended Action:\n1. Adopt a resolution approving a one-year extension of Site Plan Review\nNo. 2020-03 and Variance No. 2020-06 to December 15, 2024.\nRESOLUTION NO. 2023-XXX entitled A RESOLUTION OF THE CITY\nCOUNCIL OF THE CITY OF SANTA ANA APPROVING A SECOND\nVARIANCE NO. 2020-06 FOR THE 4TH AND MORTIMER MIXED-USE\nDEVELOPMENT TO BE LOCATED AT 409 AND 509 EAST FOURTH\nSTREET\n2. Determine that in accordance with the California Environmental Quality\nAct (CEQA) and the CEQA Guidelines, the extension for this project is\nexempt pursuant to Section 15061(b)(3). This determination has been\nmade as it has been determined that the proposed action to extend the\nexisting, approved entitlement does not have the potential to cause a\nsignificant effect on the environment, as the existing, approved\nentitlement has already been evaluated pursuant to CEQA.

13.\nResolution Authorizing a Grant Application Submission for the Bureau of\nReclamation WaterSMART Drought Response Program for the Pressure\nReducing Station No. 2 Relocation and Emergency Booster Pump Station\nProject (Non-General Fund)\nDepartment(s): Public Works Agency\nRecommended Action: Adopt a Resolution authorizing the Executive\nDirector of the Public Works Agency to submit a grant application to the U.S.\nDepartment of the Interior, Bureau of Reclamation’s Sustain and Manage\nAmerica’s Resources for Tomorrow Drought Response Program Grant for the\nPressure Reducing Station No. 2 Relocation and Emergency Booster Pump\nStation Project, in an amount not to exceed $1,801,250.\nRESOLUTION NO. 2023-XXX entitled A RESOLUTION OF THE CITY\nCOUNCIL OF THE CITY OF SANTA ANA AUTHORIZING AN APPLICATION\nFOR GRANT FUNDING BY THE BUREAU OF RECLAMATION’S\nWATERSMART DROUGHT RESPONSE PROGRAM GRANT PROGRAM\nFOR THE PRESSURE REDUCING STATION NO. 2 RELOCATION AND\nEMERGENCY BOOSTER STATION PROJECT

14.\nResolutions Authorizing the Executive Director of the Public Works Agency to\nExecute Grant Agreements with the California Department of Transportation\nfor the Santa Ana Regional Transportation Center Beautification Projects\nDepartment(s): Public Works Agency\nRecommended Action: 1. Adopt a resolution authorizing the Executive\nDirector of the Public Works Agency to execute a grant agreement with the\nCalifornia Department of Transportation for the Santa Ana Regional\nTransportation Center Painting and Wrought Iron Fencing Project.\nRESOLUTION NO. 2023-XXX entitled A RESOLUTION OF THE CITY\nCOUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE EXECUTIVE\nDIRECTOR OF THE PUBLIC WORKS AGENCY TO EXECUTE\nAGREEMENTS WITH THE CALIFORNIA DEPARTMENT OF\nTRANSPORTATION FOR THE SANTA ANA REGIONAL TRANSPORTATION\nCENTER PAINTING AND WROUGHT IRON FENCING PROJECT\n2. Adopt a resolution authorizing the Executive Director of the Public Works\nAgency to execute a grant agreement with the California Department of\nTransportation for the Santa Ana Regional Transportation Center Outdoor\nWater Fountain Renovation Project.\nRESOLUTION NO. 2023-XXX entitled A RESOLUTION OF THE CITY\nCOUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE EXECUTIVE\nDIRECTOR OF THE PUBLIC WORKS AGENCY TO EXECUTE\nAGREEMENTS WITH THE CALIFORNIA DEPARTMENT OF\nTRANSPORTATION FOR THE SANTA ANA REGIONAL TRANSPORTATION\nCENTER OUTDOOR WATER FOUNTAIN RENOVATION PROJECT

15.\nResolution Declaring the Results of the November 14, 2023 Special Municipal\nRecall Election\nDepartment(s): City Clerk’s Office\nRecommended Action: Adopt a Resolution declaring the results of the\nSpecial Recall Election held in Ward 3 of the City of Santa Ana on November\n14, 2023.\nRESOLUTION NO. 2023-XXX entitled A RESOLUTION OF THE CITY\nCOUNCIL OF THE CITY OF SANTA ANA RECITING THE FACT OF THE\nSPECIAL MUNICIPAL RECALL ELECTION HELD ON TUESDAY,\nNOVEMBER 14, 2023, DECLARING THE RESULT, AND SUCH OTHER\nMATTERS AS MAY BE PROVIDED BY LAW (staff report and related\ndocuments uploaded, 11/29/23, 6:00P.M.)

16.\nSecond Reading of Ordinance Amending Section 2-325 of the Santa Ana\nMunicipal Code to Provide That Compensation for City Boards and\nCommissions Shall be Set by Resolution of the City Council; Resolution\nAmending Resolution No. 2019-034 and Setting Compensation for all City\nBoards and Commissions\nFirst reading at the November 21, 2023 City Council meeting and approved by\na unanimous vote.\nPublished in the Orange County Reporter on November 27, 2023.\nDepartment(s): City Manager’s Office\nRecommended Action:\n1. Adopt an ordinance amending Section 2-325 of the Santa Ana Municipal\nCode to provide that compensation for City boards and commissions\nshall be set by resolution of the City Council.\nORDINANCE NO. NS-3053 entitled AN ORDINANCE OF THE CITY\nCOUNCIL OF THE CITY OF SANTA ANA AMENDING SECTION 2-325\nOF THE SANTA ANA MUNICIPAL CODE TO PROVIDE THAT\nCOMPENSATION FOR CITY BOARDS AND COMMISSIONS SHALL\nBE SET BY RESOLUTION OF THE CITY COUNCIL\n2. Adopt a resolution amending Resolution No. 2019-034 and setting the\ncompensation for all City boards and commissions.\nRESOLUTION NO. 2023-XXX entitled A RESOLUTION OF THE CITY\nCOUNCIL OF THE CITY OF SANTA ANA AMENDING RESOLUTION\nNO. 2019-034 AND SETTING COMPENSATION FOR ALL CITY\nBOARDS AND COMMISSIONS

17.\nSecond Reading of Ordinance Approving Amendment Application No. 2023-\n01 to Change the Zoning District Designation of the Public Park Located at\n1117 S. Standard Avenue from Multiple-Family Residence (R-3) to Open\nSpace Land (O) for Consistency with the General Plan Land Use Designation\nof Open Space\nFirst reading at the November 21, 2023 City Council meeting and approved by\na unanimous vote.\nPublished in the Orange County Reporter on November 27, 2023.\nDepartment(s): Planning and Building Agency\nRecommended Action: 1. Conduct a second reading and adopt an\nordinance approving Amendment Application No. 2023-01 for Standard and\nMcFadden Public Park located at 1117 S. Standard Avenue;\nORDINANCE NO. NS-3054 entitled AN ORDINANCE OF THE CITY\nCOUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT\nAPPLICATION NO. 2023-01 REZONING THE PROPERTIES LOCATED 1113,\n1117, 1121, AND 1125 SOUTH STANDARD AVENUE AND RECOGNIZED AS\nASSESSOR PARCEL NUMBERS 011-251-17, 011-251-18, 011-251-19, 011-\n251-20, 011-251-38 AND 011-251-39 (from Multi-Family Residence (R-3) to\nOpen Space Land (O)); read by title only and waive further reading.\n2. Determine that in accordance with the California Environmental Quality Act\n(CEQA) and Section 15162 of the CEQA Guidelines, the project is within the\nscope of the 2022 Santa Ana General Plan Environmental Impact Report\n(EIR) (SCH No. 2020029087). Furthermore, these actions are categorically\nexempt from further review per Section 15304 (Class 4 – Minor Alterations of\nLand) of the CEQA Guidelines. Class 4 consists of minor public or private\nalterations in the condition of land, water, and/or vegetation which do not\ninvolve removal of healthy, mature, scenic trees except for forestry and\nagricultural purposes. As such, a Notice of Determination, Environmental\nReview No. 2020-78, will be filed for this project.

18.\nFee Deferral Agreement for the Central Pointe Mixed-Use Development\nLocated at 1801 E. Fourth Street\nDepartment(s): Planning and Building Agency\nRecommended Action: Based on the discussion in this staff report, it is\nrecommended that the City Council take one of the following two actions:\n1. Deny a request by the applicant to execute a fee deferral agreement\nfor the Central Pointe mixed-use development located at 1801 E.\nFourth Street,\nOR\n2. Authorize the City Manager to execute a fee deferral agreement for the\nCentral Pointe mixed-use development located at 1801 E. Fourth\nStreet (Agreement No. 2023-XXX).\nCOUNCILMEMBER REQUESTED ITEMS

19.\nDiscuss and Consider Directing the Interim City Manager to Prepare a\nResolution for City Council’s Consideration to Call in Support of a Ceasefire in\nGaza – Councilmembers Vazquez and Hernandez\nCITY MANAGER COMMENTS

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

3.\nMinutes from the Regular Meeting of May 2, 2023, the Special Meeting of May\n11, 2023, and the Special Closed Session and Regular Meeting of May 16,\n2023\nDepartment(s): City Clerk’s Office\nRecommended Action: Approve minutes.

4.\nAuthorization to Prepare Documents for Proposed Sanitation Fee Adjustment\nin Compliance with Proposition 218 Requirements (Non-General Fund)\nDepartment(s): Public Works Agency\nRecommended Action: Authorize and direct staff to initiate the process for\nadjusting the Sanitation Fee, as per the Proposition 218 requirements,\nincluding, but not limited to, all of the following:\na. Prepare and mail proposed rate adjustment notices to all Santa Ana\nproperty owners in compliance with Proposition 218 requirements at a cost\nnot to exceed $100,000;\nb. Schedule a public hearing at a future City Council meeting on or after\nFebruary 6, 2024; and\nc. Prepare all other documents to proceed with proposed sanitation fee\nadjustment.

5.\nApprove Additional Contingency Funds in the Amount of $3,520,000 for an\nExisting Construction Contract with Byrom-Davey, Inc. for the Santa Anita\nPark Improvements Including New Synthetic Soccer Field and Community\nCenter Renovations with an Estimated Project Delivery Cost of $18,033,011\n(Project No. 19-7527) (Non-General Fund) (Revive Santa Ana Program)\nDepartment(s): Public Works Agency\nRecommended Action: 1. Approve an amendment to the Project Cost\nAnalysis in the amount of $3,520,000 in additional contingency funds for a\ntotal estimated construction delivery cost of $18,033,011, which includes\n$7,317,701 for the construction contract; $731,770 for contract administration,\ninspection, and testing; and a $9,983,540 project contingency for\nunanticipated or unforeseen work, subject to non-substantive changes\napproved by the City Manager and City Attorney.\n2. Approve an amendment to the Fiscal Year 2023-24 Capital Improvement\nProgram to include $3,520,000 in construction funds for Santa Anita Park\nImprovements and New Synthetic Soccer Field (Project No. 19-7527).\n3. Determine that, in accordance with the California Environmental Quality Act\n(CEQA), the recommended action is exempt from further review. Categorical\nExemption Environmental Review No. ER-2021-77 was filed for the project.

6.\nAmend the Agreement with Amtech Elevator Services by Increasing the Total\nContract Amount Not to Exceed to $1,674,168 for the Remainder of the\nContract Term (Specification No. 20-068) (General Fund and Non-General\nFund)\nDepartment(s): Public Works Agency\nRecommended Action: Amend the agreement with Amtech Elevator\nServices to provide elevator maintenance and repair services at various City\nfacilities and increase the total not to exceed amount available under the\nAgreement by an additional $717,168, for a total not to exceed amount of\n$1,674,168 over the remaining term of the Agreement, including all extension\nperiods, subject to non-substantive changes approved by the City Manager\nand City Attorney (Agreement No. 2023-XXX).

7.\nAmendment to the Fiscal Year 2023-24 CIP, and Amendment to the\nAgreement with ELS Architecture and Urban Design to Increase the Contract\nAmount for the Memorial Park and Aquatics Facility Renovation. (Project No.\n22-1415) (Non-General Fund) (Revive Santa Ana Program)\nDepartment(s): Public Works Agency\nRecommended Action: 1. Approve an appropriation adjustment to recognize\n$8,398,266 in revenue received in the current year and from prior years into\nthe Residential Development District 3, Park Acquisition & Development Fees\nrevenue account and appropriate the same amount into the Residential\nDevelopment District 3, Improvements Other Than Building expenditure\naccount. (Requires five affirmative votes)\n2. Approve an appropriation adjustment to recognize $41,829 in revenue\nreceived from prior years, the Residential Development District 3, Park\nAcquisition & Development Fees revenue account and appropriate the same\namount into the Residential Development District 3-In Lieu, Improvements\nOther Than Building expenditure account. (Requires five affirmative votes)\n3. Approve an amendment to the Fiscal Year 2023-24 Capital Improvement\nProgram to include $11,298,265 for the Memorial Park and Aquatic Facility\nRenovation (Project No. 22-1415) (Non-General Fund)\n4. Authorize the City Manager to execute the first amendment to the\nagreement with ELS Architecture and Urban Design to increase the Contract\nAmount by $1,079,000 for a total amount not to exceed $2,858,170 for the\narchitectural design services for a new Memorial Park and Aquatics Facility\nRenovation for the remaining term of the agreement, beginning December 5,\n2023 through August 14, 2026, including up to two one-year periods upon a\nwriting executed by the City Manager and City Attorney (Agreement No. 2023-\nXXX).

8.\nApprove an Agreement with City Net to Provide Street Outreach and\nEngagement Services for Quality-of-Life Services, in an Amount Not to\nExceed $3,841,845.51, Beginning January 1, 2024 Through December 31,\n2024 (Non-General Fund)\nDepartment(s): Community Development Agency\nRecommended Action:\n1. Authorize the City Manager to execute an agreement with Kingdom\nCauses, Inc. DBA City Net in an amount not to exceed $3,841,845.51 for\nthe Santa Ana Multidisciplinary Street Outreach and Engagement\n(SMART) Program that responds to reports for quality-of-life services from\nJanuary 1, 2024 through December 31, 2024, subject to non-substantive\nchanges approved by the City Manager and City Attorney (Agreement No.\n2023-XXX).\n2. Authorize the City Manager to execute agreements required by state or\nfederal agencies for the use of Homeless Housing, Assistance and\nPrevention (HHAP) funding, or for any additional funding that may become\navailable.

9.\nApprove an Agreement with Iron Mountain Information Management, LLC for\nDocument Storage for the Housing Authority, Community Development\nAgency and Finance & Management Services Agency\nDepartment(s): Community Development Agency\nRecommended Action: Authorize the Interim City Manager to execute an\nagreement with Iron Mountain Information Management, LLC to provide offsite\ndocument storage of Community Development Agency and Finance &\nManagement Services records in an amount not to exceed $142,700, for a\nthree-year term beginning January 1, 2024 and expiring December 31, 2026\nwith an option of two one-year extensions, subject to non-substantive\nchanges approved by the City Manager and City Attorney (Contingent upon\napproval of Housing Authority Item # 3) (Agreement No. 2023-XXX).