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Home My WebLink About Agenda_2021-09-21City Council Meeting Agenda September 21, 2021 SPECIAL CLOSED SESSION MEETING - 4:00 PM REGULAR OPEN MEETING - 5:45 PM (Immediately following the Closed Session Meeting) CITY COUNCIL CHAMBER 22 Civic Center Plaza Santa Ana, CA 92701 Vicente Sarmiento Mayor Thai Viet Phan Councilmember —Ward 1 Jessie Lopez Councilmember - Ward 3 Johnathan Ryan Hernandez Councilmember - Ward 5 David Penaloza Mayor Pro Tem - Ward 2 Phil Bacerra Councilmember - Ward 4 Nelida Mendoza Councilmember - Ward 6 Mayor and Council telephone: 714-647-6900 Agenda item inquiries: 714-647-6520 Sonia R. Carvalho Kristine Ridge City Attorney City Manager Daisy Gomez Clerk of the Council In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting, ®contact Michael Ortiz, City ADA Program Coordinator, at (714) 647-5624. Notification 48 hours prior to the Meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supporting documentation can be found on the City's website — www.santa-ana.org/city-meetings. Page 1 of 16 9/21 /2021 CITY VISION AND CODE OF ETHICS The City of Santa Ana is committed to achieving a shared vision for the organization and its community. The Vision, Mission and Guiding Principles (Values) are the result of a thoughtful and inclusive process designed to set the City and organization on a course that meets the challenges of today and tomorrow, as follows: Vision - The dynamic center of Orange County which is acclaimed for our: Investment in youth • Safe and healthy community • Neighborhood pride • Thriving economic climate - Enriched and diverse culture • Quality government services Mission - To deliver efficient public services in partnership with our community which ensures public safety, a prosperous economic environment, opportunities for our youth, and a high quality of life for residents. Guiding Principles - Collaboration • Efficiency • Equity • Excellence • Fiscal Responsibility - Innovation • Transparency Code of Ethics and Conduct - At the Special Municipal Election held on February 5, 2008, voters approved an amendment to the City Charter which established the Code of Ethics and Conduct for elected officials and members of appointed boards, commissions, and committees to assure public confidence. The following are the core values expressed: - Integrity • Honesty • Responsibility • Fairness • Accountability • Respect • Efficiency Page 2 of 16 9/21 /2021 Members of the public may attend the City Council meeting in -person or join via Zoom. The City Council meeting will occur live via teleconference Zoom webinar. You may view the meeting from your computer, tablet or smart phone via YouTube LiveStream at www.youtube.com/user/SantaAnaLibrary or on CTV3, available on Spectrum channel 3 and AT&T U-verse channel 99. 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 Clerk of the Council, 20 Civic Center Plaza M-30, Santa Ana, CA 92701. All written communications received via mail by 3:00 p.m. on the day of the meeting will be distributed to the City Council and imaged into the City's document archive system which is available for public review. • SENDING E-MAIL OPTION — Public comments may be sent via email to the City Clerk's office at eComment@santa-ana.org. Please note the agenda item you are commenting on in the subject line of the email. All emails received before 3:00 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. • 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:Hus02web.zoom.us/j/315965149. To join the Conference Call: Dial (669) 900-9128 and enter MEETING ID: 315 965 149#. You will be prompted by the City Clerk when it is time for a: i) closed session item, ii) general agenda item, iii) public hearing item, iv) special agenda item, or v) for Housing Authority item. You may request to speak by dialing *9 from your phone or you may virtually raise your hand from Zoom. After the Clerk confirms the last three digits of the caller's phone number or Zoom ID and unmutes them, the caller must press *6 or microphone icon to speak. Callers are encouraged, but not required, to identify themselves by name. Each caller will be provided three (3) minutes to speak, unless due to the number of speakers wanting to speak a decision is made to provide a different amount of time to speak. • IN -PERSON OPTION - Members of the public can provide in -person comments at the podium in the Council Chamber. The Council Chamber will have seating available for members of the public to attend the meeting in -person up to full capacity. Face coverings are optional for members of the public who enter City buildings who have been vaccinated against COVID-19. 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 3:45 p.m. for the Special Closed Session items and by 6:00 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: Page 3 of 16 9/21 /2021 1. LIVE PUBLIC COMMENTS ON SPECIAL CLOSED SESSION ITEMS —You can provide live comments on special closed session items by joining Zoom or the Conference Call as described in the LIVE or IN -PERSON PUBLIC COMMENTS OPTION above. Speaker queue will open at 3:30 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL BY 4:00 p.m. Speakers who are not in the speaker queue by 4:00 p.m. will not be permitted to speak. 2. LIVE PUBLIC COMMENTS ON REGULAR AGENDA ITEMS AND NON -AGENDA ITEMS (GENERAL PUBLIC COMMENT) — You can provide comments by joining Zoom or the Conference Call as described in the LIVE or IN -PERSON PUBLIC COMMENTS OPTION above. Speaker queue will open at 4:30 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL PRIOR TO 6:00 p.m. Speakers who are not in the speaker queue by 6:00 p.m. will not be permitted to speak. 3. LIVE PUBLIC COMMENTS ON PUBLIC HEARING ITEMS —You can provide comments by joining Zoom or the Conference Call as described in the LIVE or IN -PERSON PUBLIC COMMENTS OPTION above. Speakers not in the queue by 6:00 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 IN -PERSON PUBLIC COMMENTS OPTION above. Speakers not in the queue by 6:00 p.m. will not be permitted to speak. 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 ). SPECIAL CLOSED SESSION CALL TO ORDER ATTENDANCE Council Members Mayor Pro Tern Mayor City Manager Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez Nelida Mendoza Thai Viet Phan David Penaloza Vicente Sarmiento Kristine Ridge City Attorney Sonia R. Carvalho Clerk of the Council Daisy Gomez Page 4 of 16 9/21 /2021 PUBLIC COMMENTS — Members of the public may address the City Council on Closed Session items. 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. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Pursuant to Government Code Section 54957 Title: Clerk of the Council, City Attorney and City Manager 2. CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Government Code Section 54957.6 Agency designated representative: Human Resources Director Unrepresented employee: Clerk of the Council, City Attorney and City Manager 3. CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code: A. Timothy Espinoza v City of Santa Ana, et al., United States District Court, Case No. 8:19-CV-01277-J LS-AG R B. Saul Miranda v City of Santa Ana, et al., United States District Court, Case No. 8:21- CV-00007-JVS-DFM C. City of Santa Ana v. County of Orange, et al, United States District Court Case No. SA CV 20-0069-DOC (DFMx) D. Orange County Catholic Worker, et al. v. Orange County, et al.., U.S. District Court (Central District of California), Case No. SA CV 18-0155-DOC (KESx) E. City of Santa Ana v. County of Orange, et al., (Cross -Complaint), U.S. District Court (Central District of California), Case No. SA CV 18-0155-DOC (KESx) CLOSED SESSION REPORT — The City Attorney will report on any action(s) to be taken at the Regular Open Session which will begin immediately following the Closed Session. RECESS — City Council will recess to Closed Session for the purpose of conducting regular City business. RECONVENE — City Council will reconvene to continue regular City business. CITY COUNCIL REGULAR OPEN SESSION CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE Mayor Sarmiento Page 5 of 16 9/21 /2021 INVOCATION David Jaimes CEREMONIAL PRESENTATIONS 1. Proclamation presented by Councilmember Lopez declaring October 3rd through October 9th, 2021 as Fire Prevention Week. 2. Certificate of Recognition presented by Councilmember Mendoza to Cecilia Aguinaga for Outstanding Contributions to the Community. 3. Proclamation presented by Councilmember Phan declaring September 21 st, 2021 as Tet Trung Thu (Vietnamese Mid -Autumn Festival). STAFF PRESENTATIONS 4. COVID-19 Update in the Community. 5. City of Santa Ana -Orange County Water District PFAS Presentation — Public Works Agency CLOSED SESSION REPORT — The City Attorney will report on any action(s) from Closed Session. PUBLIC COMMENT — Public comments will be held during the beginning of the meeting for ALL comments on agenda and non -agenda items, except for public hearings. Comments for public hearings will take place after the hearing is opened. I CONSENT CALENDAR RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 6 through 28. 6. Excused Absences Department(s): Clerk of the Council Office Recommended Action: Excuse the absent members. 7. Minutes from the Regular Meeting of June 15, 2021 Department(s): Clerk of the Council Office Recommended Action: Approve minutes. 8. Appoint Manuel Ruelas Nominated by Councilmember Mendoza as the Ward 6 Representative to the Youth Commission for a Partial -Term Expiring December 13, Page 6 of 16 9/21 /2021 2022 Department(s): Clerk of the Council Office Recommended Action: Appoint Manuel Ruelas to the Youth Commission representing Ward 6 and administer Oath of Office. 9. Pension Debt Refinancing Update Department(s): Finance and Management Services Recommended Action: Receive and file. 10. Receive and File Certification of Approval by City Engineer of Final Tract Map 2017- 03 (905 East Second Street; 910, 927, 928, 1000 East Third Street; and 1026 East Fourth Street) (Applicant and Owner: KB Coastal Home Coastal, Inc) Department(s): Public Works Agency Recommended Action: Receive and file certification of approval by City Engineer of final Tract Map 2017-03. 11. Award Contracts for Fencing Construction, Maintenance and Repairs in the Aggregate Annual Amount of $150,000 for a One-year Term with Three, One-year Renewal Options (Specification No. 21-083) (General Fund) Department(s): Parks, Recreation, and Community Services Recommended Action: Award purchase order contracts with Econo Fence, Hillsborough Fence, and J & A Fence for fencing construction, maintenance, and repairs for a one- year period from October 1, 2021 to September 30, 2022, with provisions for three, one-year renewals exercisable by the City Manager, in an aggregate annual amount not to exceed $150,000 (total not to exceed $600,000 over four years), subject to non -substantive changes approved by the City Manager and City Attorney. 12. Award a Construction Contract to Build Spectrum, Inc. in the Amount of $1,408,575, for the Campesino Park, Memorial Park, and Madison Park Restrooms Fiscal Year 2021-22 Projects, with an Estimated Project Delivery Cost of $1,640,000, and Amend the Fiscal Year 2021-22 Capital Improvement Program (Project Nos. 21-7533, 21- 7534, 21-7535) (Non -General Fund) (Revive Santa Ana Program) Department(s): Public Works Agency and Parks, Recreation, and Community Services Recommended Action: 1. Award a construction contract to Build Spectrum, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $1,408,575, for construction of the Campesino Park, Memorial Park, and Madison Park Restroom Projects, for the term beginning September 21, 2021, and ending upon project completion, and authorize the City Manager to execute the contract Page 7 of 16 9/21 /2021 subject to non -substantive changes approved by the City Manager and the City Attorney. 2. Approve the Project Cost Analysis for a total estimated construction delivery cost of $1,640,000, which includes $1,408,575 for the construction contract, $91,072 for contract administration, inspection and testing, and a $140,353 project contingency for unanticipated or unforeseen work. 3. Approve an amendment to the Fiscal Year 2021-22 Capital Improvement Program to add the Campesino Park, Memorial Park, and Madison Park Restroom Projects, for the total amount of $1,731,072, which includes $1,640,000 in construction funds and an additional $91,072 for preliminary design engineering. 13. Amend Purchase Order Contract with Hardy & Harper, Inc. to Increase the Annual Amount by $450,000 for Asphalt Street Maintenance (Specification No. 18-084) (Non - General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an amendment to the Purchase Order Contract with Hardy & Harper, Inc. for asphalt street maintenance to increase the annual amount by $450,000, for a total annual amount not to exceed $1,440,000, for the remaining term of the agreement ending on December 3, 2021, plus two optional renewal options exercisable by the City Manager and City Attorney, subject to non -substantive changes approved by the City Manager and City Attorney. 14. Award a Contract to American Sanitary Supply, Inc. for Paper Products in an Amount Not to Exceed $420,000 Over a Four -Year Period (Specification No. 21-043) (General Fund) Department(s): Police Department Recommended Action: Award a blanket order contract to American Sanitary Supply, Inc. for paper products and janitorial supplies for the Santa Ana Jail in an annual amount not to exceed $105,000, for a one-year period expiring September 30, 2022, with provisions for three, one-year renewal periods exercisable by the City Manager, for a total four-year contract amount of $420,000, subject to non -substantive changes approved by the City Manager and City Attorney. 15. Award a Contract with Ocean Blue Environmental Services, Inc. in an Annual Amount Not to Exceed $90,000 for up to a Five -Year Term (Specification No. 21-085) (General Fund) Department(s): Police Department Recommended Action: Award a blanket order contract with Ocean Blue Environmental Services, Inc., for bio-hazard crime scene cleanup and jail decontamination services for a two-year period expiring September 20, 2023, with provisions for three one-year renewal options exercisable by the City Manager, in an annual not to exceed amount of $90,000, subject to non -substantive changes Page 8 of 16 9/21 /2021 approved by the City Manager and City Attorney. 16. Award Contract with Motorola Solutions, Inc. for Motorola 800 MHz Communications System Equipment in the Amount of $224,846 (Specification No. 21-092) (General and Non -General Fund) Department(s): Police Department Recommended Action: Award a blanket order contract with Motorola Solutions, Inc. for Motorola 800 MHZ communications system equipment for a one-year period expiring September 20, 2022, in the amount $200,000 for the Police Department and $24,846 for the Planning and Building Agency, for a total amount not to exceed $224,846, subject to non -substantive changes approved by the City Manager and City Attorney. 17. Approve Amendment to Agreement with NaphCare, Inc. to Provide Inmate Medical Services for the Santa Ana Jail in the Amount of $2,854,746.87 (General Fund) Department(s): Police Department Recommended Action: Authorize the City Manager to execute a one-year agreement amendment with NaphCare, Inc. to provide basic and emergency inmate health care services for the Santa Ana Jail for the period of October 1, 2021 through September 30, 2022 in the amount of $2,854,746.87, including a $200,000 contingency, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). 18. Reconsideration of 8/17/2021 Approved Agenda Item: Agreement with Barrios and Associates, LLC, DBA Communications Lab, for "Ready OC" Emergency Preparedness and "If You See Something, Say Something" Public Awareness Campaigns Department(s): Police Department Recommended Action: Authorize the City Manager to enter into an agreement with Barrios & Associates, LLC, dba Communications LAB. for the period of September 21, 2021 through June 30, 2024, with two one-year options for renewal, to continue the Ready OC Emergency Preparedness Campaign and the "If You See Something, Say SomethingTM11 Public Awareness Campaign, for a total five-year amount not to exceed $1,150,000, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). 19. Approve an Appropriation Adjustment to Recognize and Appropriate Grant Revenue from the Shuttered Venue Operators Grant Program (Non -General Fund) Department(s): Parks, Recreation, and Community Services Recommended Action: Approve an appropriation adjustment (2022-031) to recognize $689,120.19 in grant revenue from the Small Business Administration, Shuttered Venue Operators Grant Program and appropriate $689,120.19 into the Page 9 of 16 9/21 /2021 corresponding expenditure accounts (Miscellaneous Grants Fund) for losses the Santa Ana Zoo at Prentice Park incurred during the COVID-19 pandemic. (Requires five affirmative votes) 20. Approve an Appropriation Adjustment and Award a Construction Contract to CEM Construction in the Amount of $2,776,406 for the Raitt and Myrtle Park Fiscal Year 2021-22 Project with an Estimated Project Delivery Cost of $3,410,928 (Project Nos. 16-7566, 20-2730 & 22-6621) (Non -General Fund) Department(s): Public Works Agency and Parks, Recreation, and Community Services Recommended Action: 1. Approve an amendment to the Fiscal Year 2021-22 Capital Improvement Program to include $114,023.44 in construction funding from the Cannabis Public Benefit Funds, for the Raitt and Myrtle Park Project. 2. Approve an appropriation adjustment (2022-035) to recognize $1,670,000 in Proposition 1 Integrated Regional Water Management (IRWM) grant funding from the State of California Department of Water Resources into the Public Works -Water Quality & Control, State Grant -Direct revenue account and appropriate the same amount into the Prop 1 IRWM Program, Improvements Other Than Building expenditure account. (Requires five affirmative votes) 3. Approve an amendment to the Fiscal Year 2021-22 Capital Improvement Program to include $1,670,000 in construction funding from the Proposition 1 IRWM grant funds for the Raitt and Myrtle Park Project. 4. Authorize the City Manager to execute a Proposition 1 IRWM Grant Funding Agreement with the Santa Ana Watershed Project Authority (SAWPA) beginning September 21, 2021, and expiring three years after final payment, exercisable by the City Manager and City Attorney, for a total disbursement amount not to exceed $1,670,000, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). 5. Reject Bid Protest and award a construction contract to CEM Construction, the lowest responsible bidder, in accordance with the base bid in the amount of $2,776,406, for construction of the Raitt and Myrtle Park FY 2021-22 Project, for the term beginning October 11, 2021, and ending upon project completion, and authorize the City Manager to execute the contract subject to non -substantive changes approved by the City Manager and the City Attorney. 6. Approve the Project Cost Analysis for a total estimated construction delivery cost of $3,410,928, which includes $2,776,406 for the construction contract, $277,640 for contract administration, inspection and testing, $45,000 Grant Administration & Consultant Services, and a $311,882 project contingency for unanticipated or unforeseen work. 21. Approve Appropriation Adjustments and Amendments to the FY 2021-22 Capital Improvement Program to Increase Project Contingencies and Construction Funding for the South Main Street Corridor Improvements Project, and an Amendment to the Page 10 of 16 9/21 /2021 Agreement with Butier Engineering, Inc. to Increase the Agreement Amount by $200,000 and the Agreement Contingency by $100,000, for a Total Amount not to Exceed $1,236,924 (Project Nos. 18-6911, 20-6958, 21-6451, 21-6461) (Non - General Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an appropriation adjustment (2022-033) to recognize $275,000 of prior year fund balance in the Sanitary Sewer Fund, Capital Recovery Charges, Prior Year Carryforward revenue account and appropriate the same amount to the Sanitary Sewer Fund, Capital Recovery Charges, Improvements Other Than Building expenditure account. (Requires five affirmative votes) 2. Approve an appropriation adjustment (2022-033) to recognize $1,500,000 from prior year fund balance in the Water Fund, Public Works Water Revenue, Prior Year Carryforward and appropriate the same amount to the Acquisition & Construction, Water Utility Capital Projects, Water Capital Project expenditure account. (Requires five affirmative votes) 3. Approve an appropriation adjustment (2022-033) to recognize $1,500,000 from prior year fund balance in the Special Gas Tax Fund, Prior Year Carry Forward revenue account, transferring the funds to the Select Street Construction revenue account, and appropriating the same amount to the Select Street Construction, HUTA 2103 Gas Tax, Improvements Other Than Building expenditure account. (Requires five affirmative votes) 4. Approve an amendment to the Fiscal Year 2021-22 Capital Improvement Program to include $275,000 in construction funds for the South Main Street Sewer Improvements Project (Project No. 21-6451). 5. Approve an amendment to the Fiscal Year 2021-22 Capital Improvement Program to include $1,500,000 in construction funds for South Main Street Water Improvements Project (Project No. 21-6461). 6. Approve an amendment to the Fiscal Year 2021-22 Capital Improvement Program to include $750,000 in construction funds for Main Street Rehabilitation from Edinger Avenue to First Street (Project No. 18-6911). 7. Approve an amendment to the Fiscal Year 2021-22 Capital Improvement Program to include $750,000 in construction funds for Main Street Rehabilitation from Warner Avenue to Edinger Avenue (Project No. 20-6958). 8. Authorize the City Manager to execute an amendment to the agreement with Butier Engineering, Inc. for construction engineering services to increase the agreement amount by $200,000 and the contingency by $100,000, for a total agreement amount of $1,236,924, subject to non -substantive changes approved by the City Manager and the City Attorney (Agreement No. 2021-XXX). 9. Approve an amendment to the Project Cost Analysis in the amount of $3,275,000 for $1,630,000 in additional contingency funds, $1,500,000 in street light contingencies, and $145,000 in additional contract administration, inspection and Page 11 of 16 9/21 /2021 testing for a new estimated total construction delivery cost of $21,584,245. The new estimated total construction delivery costs include $12,759,695 for the construction contract, $1,899,050 for contract administration, inspection and testing, and a $6,925,500 project contingency for unanticipated or unforeseen work, subject to non - substantive changes approved by the City Manager and City Attorney. 22. Approve Appropriation Adjustment to Carry Over Unspent Amounts from Fiscal Year 2020-21 to Fiscal Year 2021-22 Department(s): Finance and Management Services Recommended Action: 1. Approve an Appropriation Adjustment to reduce the FY 2020-21 budget for unspent amounts to be carried over to FY 2021-22. (Requires five affirmative votes) 2. Approve an Appropriation Adjustment to increase the FY 2021-22 budget for amounts carried forward from FY 2020-21. (Requires five affirmative votes) 23. Approve a Facility Use Agreement with TKO Youth Foundation for Use of a Portion of the Fitness Room at Jerome Community Center for Boxing Programs Department(s): Parks, Recreation, and Community Services Recommended Action: Authorize the City Manager to execute a facility use agreement with TKO Youth Foundation for use of a portion of the fitness room at Jerome Community Center for boxing programs, for a term beginning September 21, 2021 and ending September 30, 2023, for a monthly fee payable to the City starting September 1, 2022 through September 30, 2023, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). 24. Approve a Cooperative Agreement with the City of Orange and Partnering Cities for the Tustin Avenue Corridor Traffic Signal Synchronization Project in an Amount Not to Exceed $89,305 for the Term Effective Until December 31, 2026 (Non -General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute a Cooperative Agreement with the cities of Orange, Anaheim, Placentia, Tustin, and Yorba Linda, which identifies each city's roles and responsibilities, including Santa Ana's match requirement of $89,305, to implement the Tustin Avenue Corridor Traffic Signal Synchronization Project, for the term beginning upon full approval of the agreement by all parties and effective until December 31, 2026, with an option for up to two, one- year extensions, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). 25. Authorize a Purchase Agreement in the Amount of $7,200 for Partial Real Property Acquisition for Warner Avenue Improvements Phase 2 (Property Owner: Gates Warner, LLC) (Project No. 18-6901) (Non -General Fund) Department(s): Public Works Agency Page 12 of 16 9/21 /2021 Recommended Action: Authorize the City Manager to execute a purchase agreement with property owner Gates Warner, LLC, a California limited liability company, for the partial property acquisition and goodwill (if any) for the real property located at 1301 E. Warner Avenue (APN 014-281-19) in the amount of $7,200, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). 26. Approve Amendments to Agreements with Palp, Inc., dba Excel Paving, Big Ben Engineering, TE Roberts, and Paulus Engineering, Inc. to Increase the Shared Agreement Amount by $1,600,000, for a Total Amount not to Exceed $2,500,000 for Miscellaneous Projects Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute agreement amendments for on -call construction services with Palp, Inc. dba Excel Paving, Big Ben Engineering, TE Roberts, and Paulus Engineering, Inc. to increase shared agreement amount by $1,600,000, for a total agreement amount not to exceed $2,500,000, subject to non -substantive changes approved by the City Manager and the City Attorney (Agreement No. 2021-XXX). 27. Approve a Substantive Change to the Facilities Use Agreement with Training and Research Foundation to Modify Indemnification Language in the Agreement Department(s): Parks, Recreation, and Community Services Recommended Action: Approve a substantive change to the facilities use agreement with Training and Research Foundation that was approved on August 17, 2021 to modify indemnification language in the agreement in order to operate childcare centers at Corbin Community Center and El Salvador Community Center (Agreement No. 2021-XXX). 28. Second Extension of Conditional Use Permit No. 2017-29 and Variance No. 2017-07 for the Hampton Inn Hotel Project to be Located at 2129 North Main Street Department(s): Planning and Building Agency Recommended Action: Resolution No. 2021-XXX —Adopt a resolution approving a second one-year extension of Conditional Use Permit No. 2017-29 and Variance No. 2017-07 to August 20, 2022. **END OF CONSENT CALENDAR** I BUSINESS CALENDAR Page 13 of 16 9/21 /2021 29. Adopt a Resolution Declaring Intent to Change the Ward Boundaries and Consider the Timeline for the Redistricting Process Department(s): Clerk of the Council Office Recommended Action: Resolution No. 2021-XXX —Adopt a resolution declaring the City's intention to consider changes to boundary lines of Wards and fixing the time and place of said Hearings to be held on October 5, October 19, November 2, November 16, and December 7, 2021 at 7:00 p.m. at each hearing. 30. Adopt Two Resolutions i) Amending Resolution No. 2015-026 Establishing an Extra - help Classification of Homeless Services Division Manager - Retired Annuitant and ii) Appointing Kenneth Gominsky Jr. into the Classification of "Homeless Services Division Manager - Retired Annuitant" at the Rate of $84.47 per Hour Department(s): Human Resources Recommended Action: Adopt two resolutions: i) Resolution No. 2021-XXX — amending Resolution No. 2015-026 establishing an extra -help classification of Homeless Services Division Manager - Retired Annuitant and ii) Resolution No. 2021-XXX — appointing Kenneth Gominsky Jr. into the classification of "Homeless Services Division Manager - Retired Annuitant" at the rate of $84.47 per hour. 31. Establish and Appoint Two to Three Members of the City Council to the Police Oversight Ad Hoc Committee Department(s): City Manager Office Recommended Action: It is recommended that the Mayor establish the Police Oversight Ad Hoc Committee and appoint two to three members of the City Council to serve on it. 32. Appoint Two to Three Members of the City Council to the School Collaboration City Council Subcommittee Department(s): City Manager Office Recommended Action: Appoint two to three Members of the City Council to the School Collaboration City Council Subcommittee for terms expiring on December 21, 2022. 33. Adoption of Rent Stabilization Ordinance and Just Cause Eviction Ordinance Department(s): Community Development Agency Recommended Action: Receive direction from the Housing Ad Hoc Committee and consider the following options: Ordinance No. NS-XXXX — Adopt an urgency rent stabilization ordinance Page 14 of 16 9/21 /2021 prohibiting residential real property and mobilehome space rental increases that exceed three percent (3%) annually, or eighty percent (80%) of the change in Consumer Price Index, whichever is less, within the City. (Requires five affirmative votes) 2. Ordinance No. NS-XXXX — Adopt an urgency ordinance requiring just cause evictions. (Requires five affirmative votes) 3. Resolution No. 2021-XXX —Adopt a Resolution directing further study and implementation of the additional regulatory framework and infrastructure necessary to implement residential rent stabilization, just cause eviction, and other protections for tenants facing housing instability. 4. Authorize the City Manager to reallocate up to $300,000 from the Revive Santa Ana Plan to create an Eviction Defense Fund by entering into an Agreement with a consultant for the administration, management and implementation of the rent stabilization ordinance and just cause eviction ordinance, and direct the City Attorney to finalize and authorize the City Manager to enter into negotiations, execute agreements, and approve any other required actions necessary with various service providers, contractors, and sub -recipients, who will implement and manage the ordinances, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). ALTERNATIVE OPTION: 1. Approve first reading of a rent stabilization ordinance prohibiting residential real property and mobilehome space rental increases that exceed three percent (3%) annually, or eighty percent (80%) of the change in Consumer Price Index, whichever is less, within the City. 2. Approve first reading of an ordinance requiring just cause evictions. 3. Resolution No. 2021-XXX —Adopt a Resolution directing further study and implementation of the additional regulatory framework and infrastructure necessary to implement residential rent stabilization, just cause eviction, and other protections for tenants facing housing instability. 4. Authorize the City Manager to reallocate up to $300,000 from the Revive Santa Ana Plan to create an Eviction Defense Fund by entering into an Agreement with a consultant for the administration, management and implementation of the rent stabilization ordinance and just cause eviction ordinance, and direct the City Attorney to finalize and authorize the City Manager to enter into negotiations, execute agreements, and approve any other required actions necessary with various service providers, contractors, and sub -recipients, who will implement and manage the ordinances, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). **END OF BUSINESS CALENDAR' Page 15 of 16 9/21 /2021 PUBLIC HEARINGS PUBLIC COMMENTS — Members of the public may address the City Council on Public Hearing items. 34. Public Hearing - Consolidated Annual Performance and Evaluation Report Legal Notice published in the Orange County Register on September 9, 2021. Department(s): Community Development Agency Recommended Action: Authorize Submission of the Consolidated Annual Performance and Evaluation Report to the U.S. Department of Housing and Urban Development. 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. Enhanced Homeless Outreach Services 2. Mental Health Mobile Outreach Services 3. Sunshine Ordinance Amendments 4. Athletic Field Allocation and Events Policies Page 16 of 16 9/21 /2021