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HomeMy WebLinkAbout2021-12-07 Regular and HAMinutes of the Regular Meeting of the City Council and Housing Authority City of Santa Ana, California ♦ Y.;s December 07, 2021 CLOSED SESSION MEETING - 5:00 pm REGULAR OPEN MEETING - 5:45 pm (Immediately following the Closed Session Meeting) CITY COUNCIL CHAMBER 22 Civic Center Plaza Santa Ana, CA 92701 CLOSED SESSION CALL TO ORDER ATTENDANCE Council Members Mayor Pro Tern Mayor City Manager City Attorney Clerk of the Council Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez Nelida Mendoza Thai Viet Phan David Penaloza Vicente Sarmiento Kristine Ridge Sonia R. Carvalho Daisy Gomez MINUTES: Mayor Sarmiento called the Closed Session meeting to order at 5:14 p.m. ROLL CALL Clerk of the Council Daisy Gomez conducted roll call. All councilmembers were present. City Council 1 12/7/2021 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 National Prescription Opiate Litigation, United States District Court (Northern District of Ohio), Case No. 1:17-and-02804 2. CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Government Code Section 54956.8: Address of Property: APN #430-021-02; 1815 Carnegie Avenue, Santa Ana CA 92705. Negotiator: City Manager Kristine Ridge Negotiating with: Dyer 18 LLC Terms: Price and terms related to the possible acquisition of property. 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. MINUTES: Mayor Sarmiento recessed the portion of the meeting to consider the Closed Session items at 5:17 p.m. RECONVENE — City Council will reconvene to continue regular City business. MINUTES: Mayor Sarmiento adjourned Closed Session meeting at 5:54 p.m. and convened to the Regular Open Session. City Council 2 12/7/2021 CITY COUNCIL REGULAR OPEN SESSION CALL TO ORDER MINUTES: Mayor Sarmiento called the Regular Open Session meeting to order at 6:16 p.m. ROLL CALL MINUTES: Clerk of the Council conducted roll call. All councilmembers were present. PLEDGE OF ALLEGIANCE Mayor Sarmiento MINUTES: Mayor Pro Tem Penaloza led the pledge of allegiance. INVOCATION Pastor Guillermo Gonzalez CEREMONIAL PRESENTATIONS 1. Certificate of Recognition presented by Mayor Sarmiento to Alondra Diaz for receiving the California Teacher of the Year Award and Outstanding Contributions to Education. 2. Proclamation presented by Councilmember Hernandez to Joe Andrade declaring December 16, 2021 as Josephine "Chepa" Andrade Day. MINUTES: Mayor Sarmiento requested an update... STAFF PRESENTATIONS 3. COVID-19 Update in the Community. MINUTES: City Manager Kristine Ridge provided a brief presentation. Mayor Sarmiento requested staff to provide which census tracks or zip codes have lower testing or vaccine rates on future updates. 4. Orange County Transportation Authority Update. MINUTES: Tresa Oliveri and Ryan Maloney, Orange County Transportation (OCTA) representatives provided a brief presentation. Council discussion ensued and provided input to OCTA representatives. CLOSED SESSION REPORT — The City Attorney will report on any action(s) from Closed Session. MINUTES: City Attorney Sonia Carvalho stated there was no reportable action. PUBLIC COMMENT — Public comments will be held during the beginning of the meeting for City Council 3 12/7/2021 ALL comments on agenda and non -agenda items, with the exception of public hearings. Comments for public hearings will take place after the hearing is opened. MINUTES: Councilmember Phan addressed an alleged conflict of interest complaint letter received this afternoon about the Housing Opportunity Ordinance and stated she does not believe she has a conflict of interest. However, out of an abundance of caution, Councilmember Phan asked City Attorney to seek a formal opinion letter from the Fair Political Practices Commission (FPPC). As a result and related thereto, Councilmember Phan moved to continue Item 9 on the Housing Opportunity Ordinance; and again out of an abundance of caution moved to continue Item 37 on the general plan amendment until the city receives a response from FPPC. Council considered a vote to continue item 9. Victor Mendez spoke regarding the prepaid debit program, spoke in opposition to item 18, and encouraged council to start a safety program for residents in preparation for the streetcar. Thanked Councilmembers Phan and Hernandez for their work on housing. Believes this item is a good step toward preventing homelessness, but this still needs work because the moratorium on evictions is lifted. Requests prioritization given to this item. Regarding transportation, encouraged council to start a safety program for residents. Victor Payan Senior Director, representing Media Arts, thanked the council members for their work. Announced a free media art skills course for people ages 13 to 17. Information is found online at Massamedia.org. The class runs from December 15, 2021— February, 2022 and encourages all to participate. Jesus Santana representing the Sullivan residents expressed gratitude for Councilmember Hernandez participation in a zoom meeting last Monday. Thanked Daisy Gomez, Clerk of the Council, and her team for seeking community input during the community workshops regarding the redistricting process. Daisy Cruz with the Kennedy Commission, spoke in support of Item 8. Laura Pantajo, spoke in support of Item 8. Tim Johnson spoke in support of Item 16 and asked city continue to support organizations with permanent supportive housing. Spoke regarding projects in terms of temporary patchwork. Thanked for recognizing Chepa Day, nominating Nathaniel Greensides, destruction of public records, ice rink, expressed support of the housing project, and was unclear of Councilmember Bacerra abstention for Item 9. Manny Escamilla thanked Councilmember Hernandez for recognition of Chepa Days and for appointment of Nathaniel Greensides to the Environmental Transportation and City Council 4 12/7/2021 Advisory Commission (ETAC). Spoke on a review process for historically related information as it pertains to Item 11. Noted he is looking forward to the ice rink. Spoke in support of permanent housing projects. Unclear of Councilmember Bacerra's abstention. Santa Ana non-resident item written communication received in support of climate change resolution. Clerk of the Council Daisy Gomez reported out on correspondence received. CONSENT CALENDAR RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 5 through 32. 5. Excused Absences Department(s): Clerk of the Council Office Recommended Action: Excuse the absent members. 6. Minutes from the Regular and Special Housing Authority Meetings of July 20, 2021 Department(s): Clerk of the Council Office Recommended Action: Approve minutes. 7. Minutes from the Special Meeting of July 26, 2021 Department(s): Clerk of the Council Office Recommended Action: Approve minutes. 8. Adopt Ordinance No. NS-XXXX—AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, AMENDING ARTICLES 11.1 AND 11.11 OF CHAPTER 2 OF THE SANTA ANA MUNICIPAL CODE RELATING TO THE SUNSHINE ORDINANCE First reading at the November 16, 2021 City Council meeting and approved by a vote of 7-0. Published in the Orange County Reporter on November 26, 2021. Department(s): City Manager Office Recommended Action: Place ordinance on second reading and adopt. MINUTES: This consent Item - Ordinance No. NS-3012 was approved. 9. Adopt Ordinance No. NS-XXXX—ZONING ORDINANCE AMENDMENT NO. 2021-03 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REPEALING AND REENACTING IN ITS ENTIRETY ARTICLE XVIII.I. OF CHAPTER City Council 5 12/7/2021 41 OF THE SANTA ANA MUNICIPAL CODE REGARDING THE HOUSING OPPORTUNITY ORDINANCE First reading at the November 16, 2021 City Council meeting and approved by a vote of 4-2 (Mendoza, Penaloza dissented and Bacerra abstained). Published in the Orange County Reporter on November 26, 2021. Continued from the December 7, 2021 and December 21, 2021 City Council meetings. Department(s): Planning and Building Agency Recommended Action: Place Ordinance on second reading and adopt. Moved by Councilmember Phan, seconded by Councilmember Lopez to continue item until city receives a response from FPPC. YES: 6 — Hernandez, Councilmember, — Lopez, Councilmember, — Mendoza, Councilmember, — Phan, Councilmember, — Penaloza, Mayor Pro Tem, — Sarmiento, Mayor NO: 0 ABSTAIN: 1 — Bacerra, Councilmember ABSENT:O Status: 6-0— 1 — 0 — Pass MINUTES: Item 9 considered out of order prior to taken agenda and non -agenda comments. Councilmember Bacerra announced has abstention. 10. Appoint Nathaniel Greensides Nominated by Councilmember Hernandez as the Ward 5 Representative to the Environmental and Transportation Advisory Commission for a Partial -Term Expiring December 10, 2024 Department(s): Clerk of the Council Office Recommended Action: Appoint Nathaniel Greensides to the Environmental and Transportation Advisory Commission representing Ward 5 and administer Oath of Office. MINUTES: Councilmember Hernandez administered the Oath of Office to Nathaniel Greensides. 11. Approve Destruction of Obsolete City Records Department(s): Public Works Agency Recommended Action: Approve the request for the destruction of obsolete records from Public Works Agency in accordance with the retention schedule outlined in City Council Resolution 2013-014. City Council 6 12/7/2021 12. City Council Special Event Sponsorship Policy Update Department(s): City Manager Office Recommended Action: Receive and file. 13. Approval of a Professional Service Agreement with Property Registration Champions, LLC (ProChamps) to Provide Professional Services for Administering a Local Program Requiring the Registration and Maintenance of Abandoned, Defaulted, and Foreclosed Properties as well as Vacant Lots, Structures, and Historic Properties Department(s): Planning and Building Agency Recommended Action: Authorize the City Manager to execute an agreement with Property Registration Champion LLC (ProChamps) to provide professional services for administering a local program requiring the registration and maintenance of abandoned, defaulted, and foreclosed properties as well as vacant lots, structures, and historic properties for a three-year term terminating December 6, 2024 with an option for two one-year extensions, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). MINUTES: This consent Item - Agreement No. 2021-232 was approved. 14. Agreement with ABM for Municipal Parking Facilities Operator (Non -General Fund) Department(s): Community Development Agency Recommended Action: Authorize the City Manager to execute an agreement with ABM Parking Services for operating services of the City -owned downtown parking facilities, for a five-year term with an option of five one-year extensions, beginning February 1, 2022 through January 31, 2027, for a total not -to -exceed amount of $13,326,785, which includes the management fees and reimbursable operating expenses, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). MINUTES: This consent Item - Agreement No. 2021-233 was approved. 15. Approve a Fourth Amendment to Agreement with Downtown Inc. in the amount of $500,000 to provide Clean and Safe Program for Downtown Santa Ana Department(s): Community Development Agency Recommended Action: 1. Authorize the City Manager to execute a Fourth Amendment to the Downtown Clean & Safe Program agreement with Downtown Inc.that provides daily cleaning, maintenance of downtown and will augment services to include special event preparation, street closures, and parklet maintenance services in the amount of $500,000 for the term of January 1, 2022 through December 31, 2022, subject to non -substantive changes approved by the City Manager and City City Council 7 12/7/2021 Attorney (Agreement No. 2021-XXX). 2. Approve the amendment to Section 2.04 to update the language 'Bi-Annual Financial Statement and Audit' and replace it with 'Quarterly financial statements and expense reports must be submitted at the end of each quarter'. MINUTES: This consent Item - Agreement No. 2021-234 was approved. 16. Approve an Appropriation Adjustment, a Density Bonus Agreement, and a Development Impact Fee Deferral Agreement with Shelter Providers of Orange County, Inc. DBA HomeAid Orange County, Inc. for the Development of the FX Residences Affordable Housing Project Located at 801, 807, 809 and 809 Y2 E. Santa Ana Blvd (Non -General Fund) (Contingent upon approval of Housing Authority Item #3). Department(s): Community Development Agency Recommended Action: 1. Authorize the City Manager to execute a Density Bonus Agreement with Shelter Providers of Orange County, Inc. DBA HomeAid Orange County, Inc., for a 55-year term, for the development of the FX Residences affordable housing project located at 801, 807, 809 and 809 Y2 E. Santa Ana Blvd, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). 2. Authorize the City Manager to execute a Development Impact Fee Deferral Agreement with Shelter Providers of Orange County, Inc. DBA HomeAid Orange County, Inc., to defer approximately $510,000 of their development impact fees for the development of the FX Residences affordable housing project located at 801, 807, 809 and 809 Y2 E. Santa Ana Blvd, subject to non -substantive changes approved by the City Manager and City Attorney. The calculation of the final fee amount to be deferred will be determined at the time of issuance of the certificate of occupancy (Agreement No. 2021-XXX). 3. Approve an appropriation adjustment (2022-091) to recognize $587,000 in prior - year fund balance from the Low and Moderate Income Housing Asset Fund and appropriate the same amount to the Low and Moderate Income Housing Asset Fund, Loans and Grants account (no. 60718830-69152) for the development of the FX Residences affordable housing project located at 801, 807, 809 and 809 Y2 E. Santa Ana Blvd. (Requires five affirmative votes) MINUTES: This consent Item - Agreement No. 2021-235 and 2021-236 were approved. 17. Approve an Amendment to the Agreement with Aramark Correctional Services, Inc. for Inmate Food Services (General Fund) Department(s): Police Department Recommended Action: Authorize the City Manager to execute an amendment to the City Council 8 12/7/2021 agreement with Aramark Correctional Services, Inc. to provide inmate meal services for the period of November 16, 2021 through June 30, 2023, including a 3.8% meal price adjustment, increasing the contract amount by $67,616.25 for the remainder of the three-year term, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). MINUTES: This consent Item - Agreement No. 2021-237 was approved. 18. Approve a Second Amendment to the Emergency Rental Assistance Program Spending Plan and Appropriate $9.2 Million in State Emergency Rental Assistance Program Funds Allocated from the State of California Department of Housing and Community Development and Adopt a Resolution to Enter into an Agreement with the State of California (Non -General Fund) Department(s): Community Development Agency Recommended Action: 1. Approve a Second Amendment to the Emergency Rental Assistance Program spending plan, subject to adjustment by the City Manager as needed in response to shifting needs and priorities not to exceed the amount of funds available. 2. 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 the Second Amendment to the Emergency Rental Assistance Program spending plan, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). 3. Resolution No. 2021-XXX — Adopt a Resolution authorizing the City to participate in the State of California Emergency Rental Assistance Program and authorizing the City Manager to enter into an Agreement with the State of California for the administration of $9,268,716.56 in new funding. 4. Approve a future appropriation adjustment (2022-092) recognizing an additional allocation of Emergency Rental Assistance Program funds from the State of California Department of Housing and Community Development in the amount of $9,268,716.56 in revenue account and appropriating same to expenditure account. (Requires five affirmative votes) MINUTES: This consent Item - Agreement No. 2021-238 was approved. This consent Item - Resolution No. 2021-073 was approved. 19. Adopt a Resolution Authorizing an Application Submission for Funding from the Coronavirus Response and Relief Supplemental Appropriations Act (CRRSAA) of 2021 Funding though PMRF for the Grand Avenue Rehabilitation from 1 st Street to McFadden Avenue Project in the Amount Up To $972,882 Department(s): Public Works Agency City Council 9 12/7/2021 Recommended Action: Resolution No. 2021-XXX —Adopt a resolution authorizing the Executive Director of Public Works Agency to submit an application to the Orange County Transportation Authority (OCTA) and California Department of Transportation (Caltrans), California Transportation Commission (CTC) for MRF for the Grand Avenue Rehabilitation from 1 st Street to McFadden Avenue project, in amount of up to $972,882. MINUTES: This consent Item - Resolution No. 2021-074 was approved. 20. Approve a Second Amendment for Specialized Legal Services with Burke, Williams & Sorensen to Amend the Term to June 30, 2023 and Set Compensation in an Amount Not to Exceed $950,000 (General Fund) Department(s): City Attorney Office Recommended Action: Authorize the City Manager to execute an amendment to the legal services agreement with the law firm of Burke, Williams & Sorensen, LLP ("BWS") for litigation matters concerning the abatement of public nuisances, to amend the term of the agreement to terminate on June 30, 2023 and increase the compensation, in an amount not to exceed $950,000, subject to non -substantive changes approved by the City Manager and the City Attorney (Agreement No. 2021- XXX). MINUTES: This consent Item - Agreement No. 2021-239 was approved. 21. Approve an Appropriation Adjustment and Award a Construction Contract to Colich & Sons L.P. in the Amount of $3,581,155.00 for the Flower Street Sewer Main Improvements Project with an Estimated Project Delivery Cost of $4,655,501.50 (Project No. 18-6616) (Non -General Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an appropriation adjustment (2022-089) to recognize $1,685,502 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 amendment to the Fiscal Year 2021-22 Capital Improvement Program to include $1,685,502 in construction funds for the Flower Street Sewer Main Improvements Project (Project No. 18-6616). 3. Award a construction contract to Colich & Sons, the lowest responsible bidder, in accordance with the base bid in the amount of $3,581,155.00, for construction of the Flower Street Sewer Main Improvements, for the term beginning January 3, 2022 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. City Council 10 12/7/2021 4. Approve the Project Cost Analysis for a total estimated construction delivery cost of $4,655,501.50, which includes $3,581,155.00 for the construction contract, $537,173.25 for contract administration, inspection and testing, and a $537,173.25 project contingency for unanticipated or unforeseen work. 22. Authorize a Purchase Agreement in the Amount of $399,000 for Partial Real Property Acquisition for Warner Avenue Improvements Phase 2 (Property Owner: The Ramboat Investments, LLC) (Project No. 18-6901) (Non -General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute a purchase agreement with property owner The Ramboat Investments, LLC, a California limited liability company, for the partial property acquisition and goodwill (if any) for the real property located at 2400 S Grand Avenue (APN 016-150-71) in the amount of $399,000, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). MINUTES: This consent Item - Agreement No. 2021-240 was approved. 23. Approve a License Agreement with Republic Services Use of City -Owned East Alton Avenue / SR-55 Freeway Parcel in the Amount of up to $165,000 for Maximum Term of One Year (Non -General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute a license agreement with Republic Waste Services of Southern California, LLC DBA Republic Services for use of real property owned by the City at the terminus of East Alton Avenue between Standard Avenue and the SR-55 Freeway, for a ten-month term commencing December 20, 2021 and expiring on September 20, 2022, which will automatically renew month -to -month thereafter for a monthly fee of $13,750, for a total revenue amount of $165,000, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). MINUTES: This consent Item - Agreement No. 2021-241 was approved. 24. Approve Agreement Amendments with Econolite Systems Inc. and California Professional Engineering Inc. for Traffic Signal and Street Lighting Maintenance Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute a first amendment to the agreement with Econolite Systems Inc. to expand the Traffic Signal maintenance scope of work and increase the expenditure amount by $825,000, for a total agreement amount not to exceed $4,200,000 for the remaining term of the agreement expiring July 1, 2024, subject to non -substantive changes approved by the City Manager and the City Attorney. Authorize the City Manager to execute a first amendment to the agreement with California Professional Engineering Inc. to expand City Council 11 12/7/2021 the Street Lighting maintenance scope of work and increase the expenditure amount by $360,000, for a total agreement amount not to exceed $2,619,184 for the remaining term of the agreement expiring October 1, 2024, subject to non -substantive changes approved by the City Manager and the City Attorney. MINUTES: This consent Item - Agreement Nos. 2021-242 and 2021-243 were approved. 25. Approve an Agreement with Southern California Edison, for Schedule LS-1 Option E, Energy Efficiency -Light Emitting Diode (LED) Fixture Replacement Rate Agreement Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with Southern California Edison, for Schedule LS-1 Option E, Energy Efficiency — Light Emitting Diode (LED) Fixture Replacement Rate Agreement, subject to non - substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). MINUTES: This consent Item - Agreement No. 2021-244 was approved. 26. Adopt a Resolution Authorizing a Grant Application Submission for the Bureau of Reclamation WaterSMART Water and Energy Efficiency Grant for the Generation of Solar Power at Garthe and West Pump Station Facilities Project (Non -General Fund) Department(s): Public Works Agency Recommended Action: Resolution No. 2021-XXX —Adopt a resolution authorizing the Executive Director of the Public Works Agency to submit a grant application to the U.S. Department of the Interior, Bureau of Reclamation's Sustain and Manage America's Resources for Tomorrow Water and Energy Efficiency Grant Program for the Generation of Solar Power at Garthe and West Pump Station Facilities Project, in an amount up to $2,000,000 (Agreement No. 2021-XXX). MINUTES: This consent Item - Resolution No. 2021-075 was approved. This consent Item - Agreement No. 2021-245 was approved. 27. Approve an Agreement with David Volz Design Landscape Architecture, Inc. for Landscape Architectural Design Services for a new Dog Park Project at Centennial Park in an Amount not to Exceed $56,360 for a Three-year Term (Project No. 22- 2755) (Non -General Fund) Department(s): Public Works Agency and Parks, Recreation, and Community Services Recommended Action: Authorize the City Manager to execute an agreement with David Volz Design Landscape Architecture, Inc. to provide conceptual design schemes for a new dog park at Centennial Park in the amount of $46,966, with a City Council 12 12/7/2021 contingency of $9,393, for a total amount of $56,360, for a three-year term beginning December 7, 2021 and expiring December 6, 2024, with an option for two, one-year extensions, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). MINUTES: This consent Item - Agreement No. 2021-246 was approved. 28. Amendments to the FY 2021-22 Capital Improvement Program adding the Local Street Curb Ramp Improvements FY 2021-22 Project with a budget of $554,582 in Community Development Block Grant (CDBG) funds; Award a Construction Contract to Nobest Incorporated in the Amount of $299,090 for the Local Street Curb Ramp Improvements FY 2021-22 Project with an Estimated Project Delivery Cost of $554,582 (Project No. 22-7537) (Non -General Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an amendment to the Fiscal Year 2021-22 Capital Improvement Program adding the Residential Street Repair Program FY 2021-22 Project with a budget of $554,582 in Community Development Block Grant (CDBG) fund. 2. Award a construction contract to Nobest Incorporated, the lowest responsible bidder, in accordance with the base bid in the amount of $299,090, for construction of the Local Street Curb Ramp Improvements FY 2021-22, for the term beginning January 3, 2022 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. 3. Approve the Project Cost Analysis for a total estimated construction delivery cost of $554,582, which includes $299,090 for the construction contract, $44,863.50 for contract administration, inspection and testing, and a $210,628.50 project contingency for unanticipated or unforeseen work. 29. Approve an Appropriation Adjustment and Additional Funds in the amount of $45,000 to an Existing Construction Contract with RMF Contracting, dba R& M Electrical Contracting, for a Revised Estimated Project Delivery Cost of $980,018, for the El Salvador Park Basketball Court and Court Lighting Renovation and Riverview Park Ballfield Sports Lighting Renovation (Project No. 20-2714 and 20-2717) (Non -General Fund) Department(s): Public Works Agency, Parks, Recreation, and Community Services Recommended Action: 1. Approve an Appropriation adjustment (2022-086) recognizing prior year fund balance $45,000 in the Residential Development District 1, Prior Year Carry Forward revenue account and appropriating the same amount into the Residential Development District 1, Improvements Other Than Building expenditure account for FY 2021-2022 capital operating expenses. (Requires five affirmative votes) City Council 13 12/7/2021 2. Approve an amendment to the Project Cost Analysis to reflect the new amount of $748,014 for the construction contract, $127,204 for contract administration, inspection and testing, and a $104,800 project contingency for unanticipated or unforeseen work, subject to non -substantive changes approved by the City Manager and City Attorney. 3. Approve an amendment to the Fiscal Year 2021-22 Capital Improvement Program for $45,000, which includes $15,000 in construction engineering funds and $30,000 for construction contingency funds, for the El Salvador Park Basketball Court and Court Lighting Renovation and Riverview Park Ballfield Sports Lighting Renovation (Project No. 20-2714 and 20-2717) 30. Fiscal Year 2020-21 Measure M2 Year -End Expenditure Report and Measure M2 Seven -Year CIP Department(s): Public Works Agency Recommended Action: 1. Resolution No. 2021-XXX — Adopt a resolution approving the Measure M2 Annual Expenditure Report for Fiscal Year 2019-20 and authorize submission of the report to the Orange County Transportation Authority as required by Measure M2 Funding Eligibility Guidelines. 2. Update the Measure M2 Seven Year CIP for Fiscal Years 2021-2022 through 2027- 2028. MINUTES: This consent Item - Resolution No. 2021-076 was approved. 31. Approve an Amendment to Fiscal Year 2021-2022 Miscellaneous Fees Resolution specific to Athletic Facility Reservations Department(s): Parks, Recreation, and Community Services Recommended Action: Resolution No. 2021-XXX — Adopt a resolution amending fees in the Uniform Schedule of Miscellaneous Fees for Fiscal Year 2021-22 specific to the athletic facility reservations. MINUTES: This consent Item - Resolution No. 2021-077 was approved. 32. Approve Resolution and Agreement and Appropriation Adjustments for Fiscal Year (FY) 2020 Homeland Security Grant Program Funding in the Amount of $1,423,822 and Additional FY 2021 Funding of $120,000 (Non -General Fund) Department(s): Police Department Recommended Action: 1. Authorize the City Manager and the Chief of Police to enter into the attached Sub -Recipient agreement with the City of Anaheim for reimbursement of funds expended for the purchase of equipment, services, personnel, training and exercises authorized under the FY 2020 Urban Areas Security Initiative in an amount of $1,423,822, subject to non -substantive changes approved by the City Manager and City Attorney. City Council 14 12/7/2021 2. 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 2020 Urban Areas Security Initiative (UASI) Funding Program in the amount of $1,432,822. 3. Approve an Appropriation Adjustment (2022-087) recognizing $1,423,822 in the FY 2020 Urban Area Security Initiative revenue account (no. 12514002-52001) and appropriate same to expenditures accounts (nos.12514491 — various). (Requires five affirmative votes) 4. Approve an Appropriation Adjustment (2022-088) recognizing $120,000 in the FY 2021 Urban Area Security Initiative revenue account (no. 12514002-52001) and appropriate same to expenditures accounts (nos.12514407 — various). (Requires five affirmative votes) MINUTES: This consent Item - Resolution No. 2021-078 was approved. Moved by Councilmember Bacerra, seconded by Mayor Pro Tern Penaloza to approve Consent Calendar items with the exception of item 9 which was considered earlier. YES: 7 — Bacerra, Councilmember, — Hernandez, Councilmember, — Lopez, Councilmember, — Mendoza, Councilmember, — Phan, Councilmember, — Penaloza, Mayor Pro Tem, — Sarmiento, Mayor NO: 0 ABSTAIN: 0 ABSENT: 0 Status: 7-0-0-0 — Pass **END OF CONSENT CALENDAR** MINUTES: Councilmember Hernandez administered the oath of office to Nathaniel Greensides, Environmental and Transportation Advisory Commissioner. BUSINESS CALENDAR 33. Approve the Annual Calendar of Regular City Council Meetings for 2022 Department(s): Clerk of the Council Office Recommended Action: 1. Review calendar of regularly scheduled City Council meetings in 2022. 2. Cancel the regularly scheduled City Council meeting for January 4, 2022 and August 2, 2022. 3. Direct staff to post Notice of Cancelation(s). The City Council hereby waives notice City Council 15 12/7/2021 of said meetings as required by the government code. Moved by Mayor Pro Tem Penaloza, seconded by Councilmember Mendoza to approved as amended cancel the regularly scheduled City Council meeting for January 4, 2022 and July 6, 2022. YES: 7 — Bacerra, Councilmember, — Hernandez, Councilmember, — Lopez, Councilmember, — Mendoza, Councilmember, — Phan, Councilmember, — Penaloza, Mayor Pro Tem, — Sarmiento, Mayor NO: 0 ABSTAIN: 0 ABSENT: 0 Status: 7-0-0-0 — Pass MINUTES: Councilmember Phan provided input regarding a dedicated budget workshop in May or June to ensure that the budget is passed by end of June. 34. Election of Mayor Pro Tem 2021-2022 Department(s): Clerk of the Council Office Recommended Action: 1. The Mayor calls for nominations for Mayor Pro Tem position. 2. The Mayor closes nominations for the position. 3. The Mayor declares the result of the election. MINUTES: Mayor Pro Tem Penaloza thanked all for the opportunity to serve in the Mayor Pro Tem role. Moved by Councilmember Bacerra, seconded by Councilmember Mendoza to Nominate Councilmember Bacerra for the Mayor Pro Tem position. YES: 6 — Bacerra, Councilmember, — Hernandez, Councilmember, — Mendoza, Councilmember, — Phan, Councilmember, — Penaloza, Mayor Pro Tem, — Sarmiento, Mayor NO: 1 — Lopez, Councilmember ABSTAIN: 0 ABSENT: 0 Status: 6— 1 —0-0—Pass **END OF BUSINESS CALENDAR** PUBLIC HEARINGS PUBLIC COMMENTS — Members of the public may address the City Council on each Public Hearing item. City Council 16 12/7/2021 35. Public Hearing — 2022 Downtown Santa Ana Business Improvement District Legal Notice published in the Orange County Reporter on November 26, 2021. Department(s): Community Development Agency Recommended Action: 1. Conduct a public hearing to consider all protests regarding the intention to levy an assessment for 2022 for the Downtown Santa Ana Business Improvement District. 2. Review any written protests filed prior to the close of the public hearing and determine whether they constitute a majority protest. 3. Resolution No. 2021-XXX — If the City Council determines that no valid majority protest was lodged, adopt a resolution confirming the Assessment Report and levying the assessment for 2022. MINUTES: Assistant City Manager Steven Mendoza provided a brief presentation. Mayor Sarmiento opened the public hearing at 8:08 p.m. Sarah Garcia spoke in opposition to Item 35. Marilyn Montano spoke in opposition to Item 35. Madeleine Spencer spoke in support of Item 35. Ryan Smolar spoke in support of Item 35. Clerk of the Council Daisy Gomez reported out on correspondence received and announced that only one (1) written protest was received which equals .91 % of total assessment protest, therefore, there is not a majority protest. Victor Payan, Media Arts Santa Ana Director, spoke in opposition to Item 35. Mayor Sarmiento closed the public hearing at 8:25 p.m. Council discussion ensued and input provided. Mayor Sarmiento provided direction to staff to bring back as informational item. This Business Item - Resolution No. 2021-079 was approved. Moved by Mayor Pro Tern Bacerra, seconded by Councilmember Penaloza to approve. YES: 7 — Hernandez, Councilmember, — Lopez, Councilmember, — Mendoza, Councilmember— Penaloza, Councilmember— Phan, Councilmember, — Bacerra, Mayor Pro Tem, — Sarmiento, Mayor City Council 17 12/7/2021 NO: 0 ABSTAIN: 0 ABSENT: 0 Status: 7-0-0-0 — Pass 36. Public Hearing — Authorize Issuance of the Fiscal Year 21-22 Request for Proposals for Affordable Housing Development and Approve a Substantial Amendment to the Fiscal Year 2021-2022 Annual Action Plan Legal Notice published in the Orange County Register on November 22, 2021. Department(s): Community Development Agency Recommended Action: 1. Authorize the City Manager to issue a Fiscal Year 21-22 (FY 21-22) Request for Proposals for Affordable Housing Development to solicit proposals for affordable rental and ownership project(s) in the City of Santa Ana with funding from the Inclusionary Housing Fund, HOME Investment Partnerships (HOME) Program, HOME —American Rescue Plan (HOME -ARP), Project -Based Voucher Program and Neighborhood Stabilization Program. 2. Approve a Substantial Amendment to the Fiscal year 2021-2022 Annual Action Plan to adopt the HOME -ARP Allocation Plan for the allocation of $6,183,914 in HOME -ARP funds and authorize the submission of the Substantial Amendment to the U.S. Department of Housing and Urban Development. 3. Approve an appropriation adjustment (2022-049) recognizing an allocation of HOME -ARP funds in the amount of $ 6,183,914 in revenue account (18218002- 52008) and appropriating the same in expenditure account (18218780-various). (Requires five affirmative votes) MINUTES: Housing Division Manager Judson Brown provided a brief presentation. Mayor Sarmiento opened the public hearing at 9:01 p.m. and seeing no speakers, closed the public hearing at 9:02 p.m. Mayor Sarmiento provided input to city staff. Moved by Councilmember Penaloza, seconded by Councilmember Phan to approve. YES: 7 — Hernandez, Councilmember, — Lopez, Councilmember, — Mendoza, Councilmember— Penaloza, Councilmember— Phan, Councilmember, — Bacerra, Mayor Pro Tem, — Sarmiento, Mayor NO: 0 ABSTAIN: 0 ABSENT: 0 Status: 7-0-0-0 — Pass 37. Public Hearing - Final Recirculated Program Environmental Impact Report No. 2020- 03 and General Plan Amendment No. 2020-06 for Santa Ana General Plan Update City Council 18 12/7/2021 Legal Notice published in the Orange County Reporter on November 26, 2021 and notices mailed on November 19, 2021. Continued from the December 7, 2021 and December 21, 2021 City Council meetings. Department(s): Planning and Building Agency Recommended Action: 1. Resolution No. 2022-XXX — Adopt a resolution certifying Final Recirculated Program Environmental Impact Report No. 2020-03 (SCH No. 2020029087), including adoption of environmental findings of fact pursuant to the California Environmental Quality Act, adoption of a Statement of Overriding Considerations, and adoption of a Mitigation Monitoring and Reporting Program. 2. Resolution No. 2022-XXX — Adopt a resolution approving General Plan Amendment No. 2020-06. 3. Resolution No. 2022-XXX — Adopt a resolution of findings to overrule the John Wayne Airport Orange County Airport Land Use Commission's determination that the Proposed General Plan Update is inconsistent with the Airport Environs Land Use Plan. This action requires a minimum of five affirmative votes. MINUTES: Councilmember Phan addressed council regarding an alleged conflict of interest on the Housing Opportunity Ordinance Update due to her employment, and thus, out of an abundance of caution is seeking an FPPC advice letter to clear up the issue prior to voting. Mayor Sarmiento recessed the council meeting and convened to the Housing Authority meeting at 9:15 p.m. Chair Sarmiento adjourned the Housing Authority meeting and reconvened to the Regular Meeting at 9:18 p.m. to consider Councilmember Requested Items, City Manager Comments, and Council Comments. Moved by Councilmember Phan, seconded by Councilmember Lopez to continue to December 21, 2021. YES: 7 — Hernandez, Councilmember, — Lopez, Councilmember, — Mendoza, Councilmember— Penaloza, Councilmember— Phan, Councilmember, — Bacerra, Mayor Pro Tem, — Sarmiento, Mayor NO: 0 ABSTAIN: 0 ABSENT: 0 Status: 7-0-0-0 — Pass COUNCILMEMBER REQUESTED ITEMS 38. Discuss and Consider Directing the Clerk of the Council to Continue Virtual Public Participation for all City Meetings — Councilmember Phan MINUTES: Majority of council supports and provided direction to City Staff. City Council 19 12/7/2021 39. Discuss and Consider Directing the City Manager to Direct Staff to Introduce a Resolution Supporting PFAS Legislation that Protects Ratepayers and WaterAA/astewater Agencies — Councilmember Mendoza MINUTES: Majority of council supports and provided direction to City Staff. CITY MANAGER COMMENTS MINUTES: City Manager Kristine Ridge provided a brief announcement on the city's first Winter Village family friendly community event which will run until January 2, 2022. Provided status on the Revive Resident Stimulus Program and encouraged all recipients to shop locally this holiday season. Lastly, announced that the Active Streets is having a bicycle tree and ride of lights event on December 9, 2021 at 5 p.m. 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 and convene to the Housing Authority meeting. Adjourn in memory of Christian Martin Miranda MINUTES: Adjourned in Memory of Christian Martin Miranda. Mayor Sarmiento adjourned the City Council meeting at 9:42 p.m. City Council 20 12/7/2021 HOUSING AUTHORITY CALL TO ORDER ATTENDANCE Authority Members Vice Chair Chair City Manager City Attorney Clerk of the Council Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez Nelida Mendoza Thai Viet Phan David Penaloza Vicente Sarmiento Kristine Ridge Sonia R. Carvalho Daisy Gomez MINUTES: Chair Sarmiento called the Housing Authority meeting to order at 9:15 p.m. ROLL CALL Clerk of the Council conducted roll call. All Authority Members were present. PUBLIC COMMENTS — Members of the public may address Housing Authority on items on the Housing Authority agenda. MINUTES: No public comments on Housing Authority items. CONSENT CALENDAR RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 1 and 2. 1. Excused Absences Department(s): Clerk of the Council Office Recommended Action: Excuse the absent members. 2. Minutes from the Special Housing Authority Meeting of July 20, 2021 Department(s): Clerk of the Council Office Recommended Action: Approve minutes. (Please refer to Agenda Item #6 in the City Council meeting agenda) Moved by Mayor Pro Tern Bacerra, seconded by Councilmember Mendoza to approve City Council 21 12/7/2021 YES: 6 — Hernandez, Councilmember, — Lopez, Councilmember, — Mendoza, Councilmember— Penaloza, Councilmember— Phan, Councilmember, — Bacerra, Mayor Pro Tem, — Sarmiento, Mayor NO: 0 ABSTAIN: 0 ABSENT: 1 — Hernandez, Councilmember Status: 6-0-0— 1 — Pass **END OF CONSENT CALENDAR** BUSINESS CALENDAR 3. Approve a $1,656,947 Loan Agreement and a 99-year Ground Lease with Shelter Providers of Orange County, Inc. DBA HomeAid Orange County, Inc. for the Development of the FX Residences Affordable Housing Project Located at 801, 807, 809 and 809 Y2 E. Santa Ana Blvd. (Non -General Fund) (Contingent upon approval of City Council Item #16). Department(s): Community Development Agency Recommended Action: 1. Approve an amended award of $587,000 in additional funds from the Low and Moderate Income Housing Asset Fund for the development of the FX Residences affordable housing project located at 801, 807, 809 and 809 Y2 E. Santa Ana Blvd. to offset a portion of the additional construction costs associated with the project since approval of the pre -loan commitment for the project by the Housing Authority on January 15, 2019. 2. Authorize the Executive Director of the Housing Authority to execute a Loan Agreement with Shelter Providers of Orange County, Inc. DBA HomeAid Orange County, Inc. for $1,656,947 in Low and Moderate Income Housing Asset Funds for the development of the FX Residences affordable housing project located at 801, 807, 809 and 809 Y2 E. Santa Ana Blvd., subject to non -substantive changes approved by the Executive Director of the Housing Authority and Authority General Counsel. 3. Authorize the Executive Director of the Housing Authority to execute a ninety-nine (99) year Ground Lease with Shelter Providers of Orange County, Inc. DBA HomeAid Orange County, Inc., for the development of the FX Residences affordable housing project located at 801, 807, 809 and 809 Y2 E. Santa Ana Blvd, subject to non - substantive changes approved by the Executive Director of the Housing Authority and Authority General Counsel. 4. Authorize the Executive Director of the Housing Authority to execute a future Subordination Agreement with a senior lender for the development of the FX Residences affordable housing project, subject to non -substantive changes approved by the City Manager and City Attorney. City Council 22 12/7/2021 Moved by Councilmember Penaloza, seconded by Councilmember Mendoza to approve YES: 6 — Hernandez, Councilmember, — Lopez, Councilmember, — Mendoza, Councilmember — Penaloza, Councilmember — Phan, Councilmember, — Bacerra, Mayor Pro Tem, — Sarmiento, Mayor NO: 0 ABSTAIN: 0 ABSENT: 1 — Hernandez, Councilmember Status: 6-0-0— 1 —Pass **END OF BUSINESS CALENDAR** HOUSING AUTHORITY MEMBER COMMENTS MINUTES: None. ADJOURNMENT —Adjourn the Housing Authority meeting. MINUTES: Chair Sarmiento adjourned the Housing Authority meeting and reconvened to the Regular Meeting at 9:18 p.m. to consider Councilmember Requested Items, City Manager Comments, and Council Comments. City Council 23 12/7/2021