SA PulseSanta Ana Council Record
3October
2023
Regular City Council Meeting · One key issue

The council gave a first reading, six votes to one, to an ordinance making it an offence to knowingly attend or help at an illegal street race or reckless driving exhibition.

Check this moment · 4:47:48
7.3 hours 25 agenda items 23 located in video 55% attributed to a named speaker
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Brief

What happened

Tuesday, October 3, 2023

  1. 01

    On the rent stabilization ordinance the council chose the option requiring a two-thirds vote of all members for certain future amendments, and asked staff to bring back ballot documents in two weeks.

    6:59:19
    HousingGovernanceLand use
    Explore this issue
    Related agenda item 16

    Consider Options Presented Regarding Whether to Affirm the City Council’s Adoption of the Rent Stabilization and Just Cause Eviction…

    Open agenda item →

    Member positions

    Valerie Amezcua
    Valerie AmezcuaVoted no

    Seconded the substitute and voted against the two-thirds requirement.

    6:36:15
    Phil Bacerra
    Phil BacerraVoted no

    Moved a substitute motion, which failed three votes to four.

    6:35:37
    David Penaloza
    David PenalozaVoted no

    Voted against the two-thirds requirement.

    6:59:19
    Thai Viet Phan
    Thai Viet PhanVoted yes

    Moved the two-thirds option and asked for ballot documents in two weeks.

    6:35:01
    Benjamin Vazquez
    Benjamin VazquezVoted yes

    Voted for the two-thirds requirement.

    6:59:19
    Jessie Lopez
    Jessie LopezVoted yes

    Seconded and backed both the two-thirds requirement and the ballot measure.

    6:35:18
    Johnathan Ryan Hernandez
    Johnathan Ryan HernandezVoted yes

    Voted for the two-thirds requirement.

    6:59:19
  2. 02

    That carried four votes to three, with Mayor Amezcua, Councilmember Bacerra and Councilmember Penaloza against, after a substitute motion had failed three to four.

    6:36:21
    Explore this issue
    Related agenda item 3

    September 21-22, 2023 Councilmember Penaloza – League of California Cities Annual Conference in Sacramento, CA

    Open agenda item →

    No named councilmember contribution could be reliably linked to this item.

  3. 03

    An appeal against the planning commission's refusal of a new service station on North Tustin Avenue was decided five votes to nothing, with Mayor Pro Tem Lopez and Councilmember Phan recused.

    5:40:20
    Land useEnvironment & waterParks & libraries
    Explore this issue
    Related agenda item 17

    Appeal Application No. 2023-06 Appealing the Decision of the Planning Commission to Deny Modification to Conditional Use Permit…

    Open agenda item →

    No named councilmember contribution could be reliably linked to this item.

  4. 04

    Two appeals against the Cabrillo Town Center mixed use scheme on East Fourth Street were also decided five to nothing with the same two members recused.

    6:23:53
    Land useParks & librariesEnvironment & water
    Explore this issue
    Related agenda item 18

    Appeal Application Nos. 2023-02 and 2023-03, appealing the decision of the Planning Commission to approve Site Plan Review (SPR) No.…

    Open agenda item →

    No named councilmember contribution could be reliably linked to this item.

  5. 05

    The city attorney reported that the council had settled a case for $150,000 by unanimous vote in closed session.

    3:24:56
    Labor & workforce
    Explore this issue
    Related agenda item 1

    Closed-session conference with legal counsel

    Open agenda item →

    What councilmembers said

    Representative transcript excerpts—not inferred positions.

    Valerie Amezcua
    Valerie AmezcuaMayor

    So sometimes it's very dangerous, and so I would hope that when your officers see them on the side of the grass, because that's where I always see them, that they're going to stop and make contact with them. If they're not on the way to a call, right, if…

    3:59:04
    Phil Bacerra
    Phil BacerraCouncilmember

    Okay, but what I was focused on is just that it doesn't trigger the noxious use. It does not. Okay, perfect. You know, we as a council, we added section 41-199.4 of our code because environmental justice is important to us and to our residents. Now, while I'm…

    5:37:39
    Johnathan Ryan Hernandez
    Johnathan Ryan HernandezCouncilmember

    with you guys and say thank you. I do think us focusing on spectators rather than the people who are breaking the law, sitting behind these vehicles and putting people's lives in danger, I think we're focusing on the wrong person. St. Ann is a city where, I…

    4:12:32
    Sonia R. Carvalho
    Sonia R. CarvalhoCity Attorney

    It's any of the above. As with all of our previous ordinances, it's just any of the above. So let's say that they were to see a spectator for some reason that they start to recognize someone that was there. They could say, nope, nope, this person's, they're…

    4:45:55
  6. 06

    The monthly report on public intoxication enforcement was received and filed six votes to nothing.

    4:03:58
    Explore this issue
    Related agenda item 7

    Public Intoxication and Substance Abuse Enforcement - Monthly Report

    Open agenda item →

    No named councilmember contribution could be reliably linked to this item.

  7. 07

    Three members disclosed attending the League of California Cities conference in Sacramento in September.

    3:38:32
    Youth & education
    Explore this issue
    Related agenda item 12

    Approve a Three-Year Agreement with the Garden Grove Unified School District for School Resource Officer Services in the Amount of…

    Open agenda item →

    No named councilmember contribution could be reliably linked to this item.

How this brief was made

The current summaries were prepared during an in-session review of the transcripts. This prototype shows only sentences with a timestamp citation. 0 uncited sentences were withheld from this page.

Focus

Where they differed

Splits in votes or reasoning

Split voteon “Consider Options Presented Regarding Whether to Affirm the City Council’s Adoption of the Rent Stabilization and Just Cause Eviction…”6:59:19

How to protect the rent stabilization ordinance; a two-thirds requirement for future amendments carried four votes to three after a substitute motion failed.

Valerie Amezcua
Valerie AmezcuaVoted no6:36:15

Seconded the substitute and voted against the two-thirds requirement.

Phil Bacerra
Phil BacerraVoted no6:35:37

Moved a substitute motion, which failed three votes to four.

David Penaloza
David PenalozaVoted no6:59:19

Voted against the two-thirds requirement.

Thai Viet Phan
Thai Viet PhanVoted yes6:35:01

Moved the two-thirds option and asked for ballot documents in two weeks.

Benjamin Vazquez
Benjamin VazquezVoted yes6:59:19

Voted for the two-thirds requirement.

Jessie Lopez
Jessie LopezVoted yes6:35:18

Seconded and backed both the two-thirds requirement and the ballot measure.

Johnathan Ryan Hernandez
Johnathan Ryan HernandezVoted yes6:59:19

Voted for the two-thirds requirement.

Agenda

Every item

25 items in agenda order

1
Closed Session Items

Closed-session conference with legal counsel

3:24:47
Labor & workforce
  • The council met privately about existing litigation, and the city attorney reported afterwards that it had settled a case for $150,000 by unanimous vote.3:24:56
Official agendaSupplied summaryMatched to recording
Full official agenda title

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
Closed Session Items

Closed-session labor negotiations with city employee organizations

Not located
Labor & workforce
  • The council met privately with its labour negotiator.3:24:56
Official agendaSupplied summaryNot located
Full official agenda title

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
Closed Session Items

Closed-session conference with legal counsel

6:27:21
  • The council met privately about a second piece of existing litigation.3:24:56
Official agendaSupplied summaryMatched to recording
Full official agenda title

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

4
Closed Session Items

Closed-session conference with legal counsel

Not located
  • The council met privately about significant exposure to litigation.3:24:56
Official agendaSupplied summaryNot located
Full official agenda title

CONFERENCE WITH LEGAL COUNSEL – SIGNIFICANT EXPOSURE TO LITIGATION pursuant to Government Code Section 54956.9(d)(2): One (1) matter [personnel claim]

1
Ceremonial Presentations

Certificates of Recognition presented by Mayor Amezcua to Abound Food Care for Outstanding Contributions to the Community

3:09:39
  • Mayor Amezcua presented certificates to Abound Food Care.3:38:32
Official agendaSupplied summaryClerk timestamp
2
Ceremonial Presentations

Certificate presented by Mayor Pro Tem Lopez to Sofia Wolff for Exceptional Athletic Performance and for qualifying to represent the…

3:05:57
  • Mayor Pro Tem Lopez presented a certificate to Sofia Wolff for exceptional athletic performance.3:38:32
Official agendaSupplied summaryClerk timestamp
Full official agenda title

Certificate presented by Mayor Pro Tem Lopez to Sofia Wolff for Exceptional Athletic Performance and for qualifying to represent the United States at the Figures World Cup in 2023

3
Ceremonial Presentations

Proclamation presented by Councilmember Bacerra to Orange County Fire Authority declaring October 8-14, 2023 as Fire Prevention Week

3:00:14
  • Councilmember Bacerra presented a proclamation to the Orange County Fire Authority for fire prevention week.3:38:32
Official agendaSupplied summaryClerk timestamp
4
Ceremonial Presentations

Proclamation presented by Councilmember Phan to Ben Chu declaring September 29, 2023 as Mid-Autumn Festival Day

2:53:02
  • Councilmember Phan presented a proclamation marking the Mid-Autumn Festival.3:38:32
Official agendaSupplied summaryClerk timestamp
5
Staff Presentations

Homelessness Update

3:14:03
Homelessness
  • The regular homelessness update.3:38:32
Official agendaSupplied summaryClerk timestamp
6
Consent Calendar

Excused Absences

3:37:21
  • A routine item excusing members who missed earlier meetings, approved with the rest of the consent calendar.3:38:32
Official agendaSupplied summaryMatched to recordingCity Clerk’s Office
Official recommendation
  1. Excuse the absent members
7
Consent Calendar

Public Intoxication and Substance Abuse Enforcement - Monthly Report

3:38:48
  • The monthly report on public intoxication and substance abuse enforcement.4:03:58
  • It was received and filed six votes to nothing with one member absent.4:04:03
Official agendaSupplied summaryClerk timestampPolice Department
Official recommendation
  1. Receive and file
8
Consent Calendar

Award Purchase Orders to Guaranty Chevrolet Motors, Inc. and Penske Chevrolet of Cerritos for Two Chevrolet Trucks in an Aggregate…

3:37:35
  • Purchase orders for two Chevrolet trucks shared between two dealers, one of them in Santa Ana.3:38:32
Official agendaSupplied summaryConsent blockPublic Works Agency
Full official agenda title

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)

Official recommendation
  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
Consent Calendar

Approve Second Amendment with Bucknam Infrastructure Group, Inc. to Extend the Agreement Term and Increase the Total Agreement…

3:37:35
  • A second amendment extending and enlarging the agreement with Bucknam Infrastructure Group.3:38:32
Official agendaSupplied summaryConsent blockPublic Works Agency
Full official agenda title

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)

Official recommendation
  1. 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
Consent Calendar

Approve Agreements with AKM Consulting Engineers, Anser Advisory Management, LLC., Ardurra Group, Inc., Cannon, and Willdan…

3:37:35
  • On-call agreements with several engineering and project management firms.3:38:32
Official agendaSupplied summaryConsent blockPublic Works Agency
Full official agenda title

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

Official recommendation
  1. 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
Consent Calendar

Amend Agreement with iWater, Inc. for Water System Computer Modeling and Engineering Services by an Additional Amount Not to Exceed…

3:37:35
Environment & water
  • A larger agreement with iWater for water system modelling and engineering.3:38:32
Official agendaSupplied summaryConsent blockPublic Works Agency
Full official agenda title

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)

Official recommendation
  1. 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
Consent Calendar

Approve a Three-Year Agreement with the Garden Grove Unified School District for School Resource Officer Services in the Amount of…

3:29:38
Youth & education
  • A three year agreement with Garden Grove Unified School District for school resource officer services.3:38:32
Official agendaSupplied summaryMatched to recordingPolice Department
Full official agenda title

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

Official recommendation
  1. 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)
13
Consent Calendar

Agreement with Seaside Ice, LLC, dba Ice-America, for a Seasonal Ice Rink and Related Services (General Fund)

3:37:35
ImmigrationParks & libraries
  • An agreement with Ice-America for the seasonal ice rink.3:38:32
Official agendaSupplied summaryConsent blockParks, Recreation, and Community Services
Official recommendation
  1. 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
Consent Calendar

Adopt a Resolution Declaring City-Owned Properties as Surplus Land and Exempt Surplus Land and Directing the City Manager or their…

3:37:35
Bristol StreetLand useTransportation
  • A resolution declaring several city-owned properties surplus land.3:38:32
Official agendaSupplied summaryConsent blockPublic Works Agency
Full official agenda title

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

Official recommendation
  1. 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: APN 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- 33 114 N. Euclid St. C1 5,000 SubStandard Exempt Surplus Land: APN 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 1442 S. Rosewood Ave. R 409 SubStandard 013-123- 25 1434 S. Towner St. R 1,411 SubStandard 013-124- 23 1435 S. Towner St. R 1,587 SubStandard 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
15
Business Calendar

Ordinance Adding Article XV, Sections 36-706 through 36-710, Entitled "Street Racing and Reckless Driving Exhibitions Prohibited" to…

4:05:00
Environment & water
  • First reading of an ordinance adding a new article to the municipal code making it an offence to knowingly attend or assist at an illegal speed contest or reckless driving exhibition.4:05:13
  • It passed six votes to one.4:47:48
Official agendaSupplied summaryClerk timestampPolice Department
Full official agenda title

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

Official recommendation
  1. 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
Business Calendar

Consider Options Presented Regarding Whether to Affirm the City Council’s Adoption of the Rent Stabilization and Just Cause Eviction…

6:24:17
HousingGovernanceLand use
Split voteSee member positions →
  • Options for protecting the rent stabilization and just cause eviction ordinance, ranging from taking no action to putting a measure to the voters in November 2024.6:34:03
  • Councilmember Phan moved the option requiring a two-thirds vote of all members for certain future amendments, together with ballot documents to come back in two weeks.6:35:01
  • Mayor Pro Tem Lopez seconded and said she supported both the two-thirds requirement and the ballot measure language.6:35:18
  • Councilmember Bacerra moved a substitute, which failed three votes to four.6:36:15
  • The original motion then carried four votes to three, with Mayor Amezcua, Councilmember Bacerra and Councilmember Penaloza against.6:59:19
Official agendaSupplied summaryClerk timestampCity Attorney Office
Full official agenda title

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 Ordinance in the Future

Official recommendation
  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 Entitled 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); 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, 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)
17
Public Hearings Public Comments

Appeal Application No. 2023-06 Appealing the Decision of the Planning Commission to Deny Modification to Conditional Use Permit…

4:48:35
Land useEnvironment & waterParks & libraries
  • An appeal against the planning commission's refusal of permits for a new service station at 2230 North Tustin Avenue.4:48:36
  • It was decided five votes to nothing, with Mayor Pro Tem Lopez and Councilmember Phan recused.5:40:20
Official agendaSupplied summaryClerk timestampPlanning and Building Agency
Full official agenda title

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

Official recommendation
  1. After conducting its public hearing on the item, the City Council may take one of the following three actions: 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 A dopt 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, 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 A dopt 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
Public Hearings Public Comments

Appeal Application Nos. 2023-02 and 2023-03, appealing the decision of the Planning Commission to approve Site Plan Review (SPR) No.…

5:43:15
Land useParks & librariesEnvironment & water
  • Two appeals against the planning commission's approval of the Cabrillo Town Center mixed use scheme on East Fourth Street and North Cabrillo Park Drive.5:43:15
  • They were decided five votes to nothing with the same two members recused.6:23:53
Official agendaSupplied summaryClerk timestampPlanning and Building Agency
Full official agenda title

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

Official recommendation
  1. Adopt a resolution denying Appeal Application Nos. 2023-02 and 2023-03 and upholding the Planning Commission’s approval of two 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))
1
Council Comments Ab1234 Disclosure

September 20-22, 2023 Councilmember Phan – League of California Cities Annual Conference in Sacramento, CA

7:00:53
  • Councilmember Phan reported attending the League of California Cities annual conference in Sacramento in late September.3:38:32
Official agendaSupplied summaryConsent block
2
Council Comments Ab1234 Disclosure

September 20-22, 2023 Councilmember Bacerra – League of California Cities Annual Conference in Sacramento, CA

7:00:53
  • Councilmember Bacerra reported attending the same conference.3:38:32
Official agendaSupplied summaryConsent block
3
Council Comments Ab1234 Disclosure

September 21-22, 2023 Councilmember Penaloza – League of California Cities Annual Conference in Sacramento, CA

6:27:21
  • Councilmember Penaloza reported attending the same conference.3:38:32
Official agendaSupplied summaryMatched to recording
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