Agenda packet — Santa Ana City Council, October 17, 2023 (part 2 of 6)

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 Members of the public may attend the City Council meeting inperson 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 M30, 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 EMAIL OPTION – Public comments may be sent via email to the City Clerk’s office at eComment@santaana.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) 9009128 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.

INPERSON OPTION Members of the public can provide inperson comments at the podium in the Council Chamber. The Council Chamber will have seating available for members of the public to attend the meeting inperson. 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 4:30 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 the LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will open at 4:00 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL BY 4:30 p.m.

Speakers who are not in the speaker queue by 4:30 p.m. will not be permitted to speak.

2. LIVE PUBLIC COMMENTS ON REGULAR AGENDA ITEMS AND NONAGENDA ITEMS (GENERAL PUBLIC COMMENT) – You can provide comments by joining Zoom or the Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will open at 4:00 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 INPERSON PUBLIC COMMENTS OPTION above. Speakers not in the queue by 5:45 p.m. will not be permitted to speak.

4. LIVE PUBLIC COMMENTS ON HOUSING AUTHORITY ITEMS – You can provide comments by joining Zoom or the Conference Call as described in the LIVE or INPERSON 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 (SpanishtoEnglish) in addition to those wishing to address the City Council at the podium.

La ciudad provee servicios de interpretación al español en las juntas del Concilio.

La interpretación simultánea al español se ofrece por medio del uso de audífonos y la interpretación consecutiva (español a inglés) también está disponible para cualquiera que desee dirigirse al 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 ).

CLOSED SESSION
CALL TO ORDER
ATTENDANCE Council Members Phil Bacerra
Johnathan Ryan Hernandez
David Penaloza
Thai Viet Phan
Benjamin Vazquez
Mayor Pro Tem Jessie Lopez
Mayor Valerie Amezcua
Acting City Manager Steven A. Mendoza
City Attorney Sonia R. Carvalho
City Clerk Jennifer L. Hall
ROLL CALL
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:

In re Aqueous FilmForming Foams Prods. Liability Litigation, United States District Court for the District of South Carolina, Charleston Division, Case No.

MDL 2:18mn2873RMG

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)

3. PUBLIC EMPLOYEE EMPLOYMENT/APPOINTMENT pursuant to Government Code §54957
Title: Acting City Manager/Interim City Manager/Permanent City Manager RECONVENE – City Council will reconvene to continue regular City business.

CITY COUNCIL REGULAR OPEN SESSION
CALL TO ORDER
ATTENDANCE Council Members Phil Bacerra
Johnathan Ryan Hernandez
David Penaloza
Thai Viet Phan
Benjamin Vazquez
Mayor Pro Tem Jessie Lopez
Mayor Valerie Amezcua
Acting City Manager Steven A. Mendoza
City Attorney Sonia R. Carvalho
City Clerk Jennifer L. Hall
ROLL CALL
PLEDGE OF ALLEGIANCE Mayor Amezcua
WORDS OF INSPIRATION Police Chaplain Heather Riley
ADDITIONS\DELETIONS TO THE AGENDA
CEREMONIAL PRESENTATIONS

1. Proclamation presented by Mayor Amezcua to the City’s Code Enforcement Team declaring October 913, 2023, as Code Enforcement Officer Appreciation Week.

2. Proclamation presented by Mayor Pro Tem Lopez to Radiant Futures declaring October 2023 as Domestic Violence Awareness Month.

3. Proclamation presented by Councilmember Bacerra declaring October 2023 as Filipino American History Month.

STAFF PRESENTATIONS

4. Update from League of California Cities

5. Rental Registry Program Update
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 nonagenda items, with the exception of public hearings.

Comments for public hearings will take place after the hearing is opened.

CONSENT CALENDAR
RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 6 through 26 and waive reading of all resolutions and ordinances.

6. Excused Absences
Department(s): City Clerk’s Office
Recommended Action: Excuse the absent members.

7. Minutes from the Special Closed Session and Regular Meeting of January 17, 2023 Department(s): City Clerk’s Office
Recommended Action: Approve minutes.

8. Appoint Members to the Parks, Recreation and Community Service Commission for a TwoYear Term to Represent Residents 55 and Older
Department(s): Parks, Recreation, and Community Services Recommended Action:

1. Appoint Silvia Reyes, Southwest Senior Center, to the Parks, Recreation and Community Service Commission for a twoyear term expiring October 31, 2025.

2. Appoint David Dang, Santa Ana Senior Center, to the Parks, Recreation and Community Service Commission for a twoyear term expiring October 31, 2025.

9. Santa Ana Multidisciplinary Response Team (SMART) Program 2023 Progress Report Department(s): Community Development Agency
Recommended Action: Receive and file SMART Program 2023 Progress Report.

10. Authorize Issuance of the Fiscal Year 202324 Request for Proposals for Affordable Homeownership Opportunities; Approve an Update to the Down Payment Assistance Program Guidelines; Allocate Additional Funds to Down Payment Assistance Department(s): Community Development Agency
Recommended Action:

1. Authorize the City Manager to issue a Fiscal Year 202324 Request for Proposals for Affordable Homeownership Opportunities to solicit proposals for affordable ownership project(s) in the City of Santa Ana with funding from the HOME Investment Partnerships (HOME) Program.

2. Authorize the City Manager to update the City’s Down Payment Assistance Program to include City’s high school loan forgiveness incentive and increase the maximum debttoincome ratios.

3. Approve an Appropriation Adjustment to recognize $762,979.40 in CalHome Program Reuse Funds and $1,527,020.60 in Inclusionary Housing Funds and appropriate these additional funds to the Down Payment Assistance Program. (Requires five affirmative votes)

11. Award a Blanket Order Contract to Brodart Company for Library Cataloging and Purchase of Collections and Materials for the Santa Ana Public Library in an Annual Amount not to Exceed $590,000 (General Fund)
Department(s): Library
Recommended Action: Award a blanket order contract to Brodart Company for cataloging and purchase of collections and materials for the Santa Ana Public Library, in an annual amount not to exceed $590,000, for a threeyear term beginning November 1, 2023 through October 31, 2026, with options for two oneyear renewals, subject to nonsubstantive changes approved by the City Manager and City Attorney.

12. Approve an agreement with Overdrive, Inc. for digital content hosting and distribution in an amount not to exceed $405,000 and an appropriation adjustment in the amount of $16,639 (General Fund)
Department(s): Library
Recommended Action:

1. Authorize the City Manager to execute an agreement with Overdrive, Inc. to provide hosting services and digital content in an amount not to exceed $405,000 for a term beginning November 1, 2023 and expiring June 30, 2026, with provision for two, 1 year renewal options, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2023XXX).

2. Approve an appropriation adjustment to recognize $16,639 in California State Library California Library Services Act funds in the miscellaneous income revenue account and appropriate the same amount into the Library Tech & Support Services, Computer Software Subscriptions expenditure account. (Requires five affirmative votes)

13. Approve an Agreement with The Library Corporation (TLC) for a Library Automation System and Hosting Services in an Amount not to Exceed $179,439 (General Fund) Department(s): Library
Recommended Action:

Authorize the City Manager to execute an agreement with The Library Corporation to provide a library automation system and hosting services in an amount not to exceed $179,439 for a term beginning November 1, 2023 and expiring June 30, 2026, with provision for two, 1year renewal options, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2023XXX).

14. Approve an agreement with United States Geological Survey at the Santa Ana Zoo Department(s): Parks, Recreation, and Community Services Recommended Action: Authorize the City Manager to execute an agreement with the United States Geological Survey Western Ecological Resource Center, to provide conservation programs for a fiveyear period, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2023XXX).

15. Award Purchase Order for Jones Forest Products, LLC for Two Holiday Trees for the Winter Village and Downtown Santa Ana (Specification No.23163) (General Fund) Department(s): Parks, Recreation, and Community Services Recommended Action: Authorize a onetime purchase and payment of Purchase Order to Jones Forest Products, LLC for the procurement, installation, decoration, and removal of two holiday trees for Winter Village and Downtown Santa Ana in the amount of $59,500, plus a contingency of $5,950, for a total amount not to exceed $65,450, subject to nonsubstantive changes approved by the City Manager and City Attorney.

16. Agreement with Moore, Iacofano, Goltsman, Inc. (MIG) for the Comprehensive Zoning Code Update in an Amount not to Exceed $1,574,515 (Specification No. 23010) (General Fund and NonGeneral Fund)
Department(s): Planning and Building Agency
Recommended Action: Authorize the City Manager to make all conforming edits and execute a Professional Service Agreement with Moore, Iacofano, Goltsman, Inc. (MIG) for the Comprehensive Zoning Code Update in an amount not to exceed $1,574,515, which includes a contingency amount of $50,000 and optional tasks totaling $95,700, for a twoyear term beginning on October 17, 2023, and expiring on October 31, 2025, with provisions for one twoyear extension, subject to non substantive changes approved by the City Manager and City Attorney (Agreement No. 2023XXX).

17. Approve a Cooperative Agreement with Orange County Transportation Authority for the Countywide Signal Synchronization Baseline Project, for a Term Effective Until December 31, 2028 (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute a Cooperative Agreement with Orange County Transportation Authority identifying the City’s role and responsibilities to implement the countywide signal synchronization baseline project, effective upon full approval of the agreement by all parties through December 31, 2028, with the option to be extended, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2023XXX).

18. Approve Appropriation Adjustments and Award a Construction Contract to C.S.

Legacy Construction, Inc. in the Amount of $1,598,202 for the King Street Urban Greening Project with an Estimated Construction Delivery Cost of $1,918,240 (Project No. 236625) (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action:

1. Approve an appropriation adjustment to recognize $275,000 of prior year fund balance in the Federal Clean Water Protection fund, PriorYear Carryforward revenue account (No. 0571700250001) and appropriate the same amount into the Federal Clean Water Protection Enterprise, Improvements Other Than Building expenditure account. (Requires five affirmative votes)

2. Approve an appropriation adjustment to recognize $300,000 of prioryear fund balance in the Residential Development District 1, Park Acquisition & Development Fees, Prior Year Carryforward revenue account (No. 3111300250001) and appropriate the same amount into the Residential Development District 1, Improvements Other Than Building expenditure account. (Requires five affirmative votes)

3. Approve an amendment to the Fiscal Year 202324 Capital Improvement Program to add $275,000 of Federal Clean Water Protection Enterprise funding and $300,000 of Residential Development District 1, Park Acquisition & Development funding for the King Street Urban Greening Project (236625).

4. Award a construction contract to C.S. Legacy Construction, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $1,598,202, subject to change orders (not to exceed 25 percent of the base bid amount) in accordance with the Greenbook: Standard Specifications for Public Works Construction, for construction of the King Street Urban Greening Project, for the term beginning October 17, 2023 and ending upon project completion, and authorize the City Manager to execute the contract subject to nonsubstantive changes approved by the City Manager and the City Attorney.

5. Approve the Project Cost Analysis for a total estimated construction delivery cost of $1,918,240, which includes $1,598,202 for the construction contract, $159,820 for contract administration, inspection, and testing, and a $160,218 project contingency for unanticipated or unforeseen work.

6. Determine that the recommended actions are exempt from further review in accordance with the California Environmental Quality Act (“CEQA”) as Categorical Exemption Environmental Review No. ER202373 was filed for this project.

19. Award a Construction Contract to All American Asphalt in the Amount of $1,899,983 for the 17th Street Rehabilitation, with an Estimated Project Delivery Cost of $2,374,980 (Project No. 216979 & 216980) (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action:

1. Authorize budget reallocation of $671,980 in unspent Roadway Maintenance and Rehabilitation Account (SB1) funds from the Fairview Rehabilitation from South City Limits to Segerstrom Avenue Improvement (No. 216978) Project to complete the project funding requirement as follows: $335,990 to be allocated to 17th Street Rehabilitation, Bristol to Flower (No.216979) Project and $335,990 to be allocated to 17th Street Rehabilitation, Fairview to Bristol (No. 216980) Project.

2. Award a construction contract to All American Asphalt, the lowest responsible bidder, in accordance with the base bid in the amount of $1,899,983, subject to change orders (not to exceed 25 percent of the base bid amount) in accordance with the Greenbook: Standard Specifications for Public Works Construction, for construction of the 17th Street Rehabilitation Project, for a term beginning October 17, 2023, and ending upon project completion, and authorize the City Manager to execute the contract subject to nonsubstantive changes approved by the City Manager and the City Attorney.

3. Approve the Project Cost Analysis for a total estimated construction delivery cost of $2,374,980, which includes $1,899,676 for the construction contract, $284,998 for contract administration, inspection, and testing, and a $189,999 project contingency for unanticipated or unforeseen work.

4. Approve an amendment to the FY 202324 Capital Improvement Program to include $671,980 in construction funds for the 17th Street Rehabilitation Project (Project No. 216979, 216980).

5. Determine that the recommended actions are exempt from further review in accordance with the California Environmental Quality Act (“CEQA”) as Categorical Exemption Environmental Review No. ER202148 was filed for this project.

20. Amend the Agreement with Service First Fountains to Increase the Contract Amount Annually by $50,000 and Extend the Term by Two Years for Fountain Maintenance and Repair Services (General Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute a first amendment to the agreement with Service First Fountains to provide scheduled fountain maintenance and repair services, increasing the annual amount by $50,000 for a new annual amount not to exceed $167,000 and extend the term by two years until December 31, 2025, subject to nonsubstantive changes approved by the City Manager and the City Attorney (Agreement No. 2023XXX).

21. Approve an Appropriation Adjustment and Award Site License and Lease Agreements to Pacific Coast Shuttles, LLC, DBA Futura Bus Net, Inc., for Bus Passenger Services at the Santa Ana Regional Transportation Center Department(s): Public Works Agency
Recommended Action:

1. Authorize the City Manager to execute a site license agreement with Pacific Coast Shuttles, LLC, DBA Futura Bus Net, Inc. to compensate the City $2,500 per month for the rental of one bus bay for bus passenger services at the Santa Ana Regional Transportation Center, for a sixmonth term beginning November 1, 2023, and ending April 30, 2024, with the option of four consecutive, oneyear renewal periods exercisable by the City Manager, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2023XXX).

2. Authorize the City Manager to execute a site lease agreement with Pacific Coast Shuttles, LLC, DBA Futura Bus Net, Inc. to compensate the City $1,500 per month for ticket counter office space for bus passenger services at the Santa Ana Regional Transportation Center, for a sixmonth term beginning November 1, 2023, and ending April 30, 2024, with the option of four consecutive, oneyear renewal periods exercisable by the City Manager, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2023XXX).

3. Approve an appropriation adjustment recognizing Fiscal Year 202324 lease income in the amount of $24,000 into the Public Works Agency – Santa Ana Regional Transportation Center Operations, Rental Pacific Coast Shuttle revenue account and appropriating the same amount to the Public Works Agency Santa Ana Regional Transportation Center Operations, Contract ServicesProfessional expenditure account. (Requires five affirmative votes)

22. Adopt a Resolution to Add Positions in the City Attorney’s Office and the Public Works Agency. (Revised 10/16/2023)
Department(s): Finance and Management Services
Recommended Action:

Adopt a resolution that amends the Fiscal Year 202324 Annual Budget to add one (1) position in the City Attorney’s Office and two (2) positions in the Public Works Agency, which increases the total authorized headcount from 1,395 to 1,398.

RESOLUTION NO. 2023XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO AMEND THE CURRENT FISCAL YEAR 20232024 ANNUAL BUDGET TO ADD FULLTIME POSITIONS IN THE CITY ATTORNEY’S OFFICE AND PUBLIC WORKS AGENCY

23. Density Bonus Agreement No. 202301 to facilitate the construction of a rental residential development consisting of fifteen apartment units, with one unit proposed as affordable to very lowincome households.

Department(s): Planning and Building Agency
Recommended Action:

1. Adopt a resolution approving Density Bonus Agreement No. 202301 as conditioned.

RESOLUTION NO. 2023XXX entitled A RESOLUTION OF THE CITY COUNCIL OF SANTA ANA APPROVING THE DENSITY BONUS AGREEMENT NO. 202301 AS CONDITIONED FOR A NEW RENTAL RESIDENTIAL DEVELOPMENT WITH FIFTEEN UNITS FOR THE PROPERTY LOCATED AT 1212 E. FOURTH STREET (APN: 39838502)

2. Authorize the City Manager to execute a Density Bonus Agreement with Unison Real Estate Group, LLC, for a 55year term, for a rental residential development consisting of fifteen apartment units, with one unit proposed as affordable to very low income households, at 1212 E. Fourth Street, subject to nonsubstantive changes approved by the City Manager and City Attorney.

24. Adopt a Resolution and Approve Appropriation Adjustment and Agreement Accepting Fiscal Year 2022 Urban Areas Security Initiative Grant Program Funds (NonGeneral Fund)
Department(s): Police Department
Recommended Action:

1. Adopt a resolution authorizing the City Manager and the Chief of Police, or their designee(s), to enter into an agreement with the City of Anaheim for the FY 2022 Urban Areas Security Initiative Grant Program.

RESOLUTION NO. 2023XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE CITY MANAGER AND THE CHIEF OF POLICE OR THEIR DESIGNEE(S) TO ENTER INTO AN AGREEMENT WITH THE CITY OF ANAHEIM FOR THE FY2022 URBAN AREA SECURITY INITIATIVE FUNDING PROGRAM

2. Approve an Appropriation Adjustment recognizing $1,822,800 in grant revenue from the FY 2022 Urban Area Security Initiative funding program revenue account and appropriate same to the FY 2022 Urban Area Security Initiative Program Grant expenditures accounts. (Requires five affirmative votes)

3. Authorize the City Manager and the Chief of Police to execute an agreement with the City of Anaheim accepting the FY 2022 Urban Areas Security Initiative Grant Program in the amount of $1,822,800 for the period of August 9, 2023 through March 31, 2025, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2023XXX).

25. Second Reading of Ordinance Adding Article XV, Sections 36706 through 36710, Entitled "Street Racing and Reckless Driving Exhibitions Prohibited" to the Santa Ana Municipal Code
First reading at the October 3, 2023 City Council meeting and approved by a vote of 61 (Hernandez dissenting).

Published in the Orange County Reporter on October 9, 2023.

Department(s): City Attorney Office
Recommended Action: Conduct a second reading and adopt ordinance adding Article XV, Sections 36706 through 36710, Entitled "Street Racing and Reckless Driving Exhibitions Prohibited" to the Santa Ana Municipal Code.

ORDINANCE NO. NS3051 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)

26. Second Reading of Ordinance Amending Article XIX of Chapter 8 of the Santa Ana Municipal Code to Require TwoThirds Approval by all Members of the City Council for Certain Future Amendments
First reading at the October 3, 2023 City Council meeting and approved by a vote of 43 (Bacerra, Penaloza, and Amezcua dissenting).

Published in the Orange County Reporter on October 9, 2023.

Department(s): City Attorney Office
Recommended Action: Conduct a second reading and adopt ordinance amending Article XIX of Chapter 8 of the Santa Ana Municipal Code to Require TwoThirds Approval by all Members of the City Council for Certain Future Amendments.

ORDINANCE NO. NS3052 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 TWOTHIRDS 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) **END OF CONSENT CALENDAR**
BUSINESS CALENDAR

27. Consider Whether to Adopt Resolutions Calling a General Municipal Election for November 5, 2024, Requesting Consolidation with the Statewide General Election, and Placing Ballot Measures Before the Voters Asking Whether to 1) Adopt a Rent Stabilization and Just Cause Eviction Ordinance and 2) Whether to Permit Noncitizen Voting in Municipal Elections
Department(s): City Attorney Office
Recommended Action: Consider the following options:

1. Take no action;
OR

2. Adopt a resolution calling and 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 proposing a Rent Stabilization and Just Cause Eviction Ordinance and requesting the Orange County Board of Supervisors to consolidate this election with the Statewide General Election.

RESOLUTION NO. 2023XXX – A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CALLING AND 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 PROPOSING A RENT STABILIZATION AN JUST CAUSE EVICTION ORDINANCE AND REQUESTING THE ORANGE
COUNTY BOARD OF SUPERVISORS TO CONSOLIDATE THIS ELECTION WITH THE STATEWIDE GENERAL ELECTION (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 result in a direct or reasonably foreseeable indirect physical change in the environment, as there is no possibility it will have a significant effect on the environment and it is not a “project,” as defined in section 15378 of the State CEQA Guidelines. Furthermore, the Resolution falls within the “common sense” CEQA exemption set forth in CEQA Guidelines section 15061(b)(3), excluding projects where “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.”);
AND/OR

3. Adopt a resolution calling and 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 asking if the City of Santa Ana should permit noncitizen voting in City municipal elections at which municipal officers are elected and requesting the Orange County Board of Supervisors to consolidate this election with the Statewide General Election.

RESOLUTION NO. 2023XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CALLING AND 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 ASKING IF THE CITY OF SANTA ANA SHOULD PERMIT NONCITIZEN VOTING IN CITY MUNICIPAL ELECTIONS AT WHICH MUNICIPAL OFFICERS ARE ELECTED AND REQUESTING THE ORANGE COUNTY BOARD OF SUPERVISORS TO CONSOLIDATE THIS ELECTION WITH THE STATEWIDE GENERAL ELECTION (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 result in a direct or reasonably foreseeable indirect physical change in the environment, as there is no possibility it will have a significant effect on the environment and it is not a “project,” as defined in Section 15378 of the State CEQA Guidelines. Furthermore, the Resolution falls within the “common sense” CEQA exemption set forth in CEQA Guidelines Section 15061(b)(3), excluding projects where “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.”)
**END OF BUSINESS CALENDAR**
PUBLIC HEARINGS
PUBLIC COMMENTS – Members of the public may address the City Council on each of the Public Hearing items.

28. Public Hearing to Adopt a Resolution to Amend the Miscellaneous Fees Schedule for the Fiscal Year 20232024 to Reduce the Planning and Building Agency Review Fee for Accessory Dwelling Unit Applications and to Create a New Review Fee for Accessory Dwelling Unit Applications Utilizing PreApproved Plans Legal notice published in the Orange County Reporter on October 4 and October 11, 2023.

Department(s): Planning and Building Agency
Recommended Action:

Adopt a resolution amending the Fiscal Year 20232024 Miscellaneous Fees Schedule to reduce the Planning and Building Agency accessory dwelling unit review fee from $2,609 to $1,701 and to establish a new review fee of $460 for accessory dwelling unit applications utilizing preapproved plans.

RESOLUTION NO. 2023XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REDUCING THE FEE FOR ACCESSORY DWELLING UNIT APPLICATION REVIEW FROM TWO THOUSAND SIX HUNDRED NINE DOLLARS ($2,609) TO ONE THOUSAND SEVEN HUNDRED ONE
DOLLARS($1,701) AND ESTABLISHING THE FEE FOR PREAPPROVED ACCESSORY DWELLING UNIT APPLICATION REVIEW AT FOUR HUNDRED SIXTY DOLLARS ($460)
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.

ADJOURNMENT – Adjourn the City Council meeting.

Future Items

1. Sanitation Fee Cost of Service Study and Prop. 218 Process Authorization POSTING STATEMENT: On October 10, 2023, a true and correct copy of this agenda 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 santaana.org/citymeetings.

City Council

17 10/17/2023

City Council Meeting Packet (revised 10/16/2023)
October 17, 2023
CLOSED SESSION MEETING – 4:30 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
Benjamin Vazquez
Councilmember Ward 2
Jessie Lopez
Mayor Pro Tem Ward 3
Phil Bacerra
Councilmember Ward 4
Johnathan Ryan Hernandez
Councilmember Ward 5
David Penaloza
Councilmember Ward 6
Mayor and Council telephone: 7146476900
Agenda item inquiries: 7146476520
Sonia R. Carvalho
City Attorney
Steven A. Mendoza
Acting 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) 6475624. 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.santaana.org/citymeetings.