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Home My WebLink About Agenda_2022-03-15City Council Meeting Agenda March 15, 2022 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 Vicente Sarmiento Mayor Thai Viet Phan Councilmember —Ward 1 Jessie Lopez Councilmember - Ward 3 Johnathan Ryan Hernandez Councilmember - Ward 5 David Penaloza Councilmember - Ward 2 Phil Bacerra Mayor Pro Tem - 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 3/15/2022 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 3/15/2022 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 4:00 p.m. on the day of the meeting will be distributed to the City Council and imaged into the City's document archive system which is available for public review. • SENDING 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 4:00 p.m. on the day of the meeting will be distributed to the City Council and imaged into the City's document archive system which is available for public review. • LIVE VIRTUAL OPTION — Members of the public may provide live comments during the meeting by Zoom or Conference Call. To join by Zoom click on or type the following address into your web browser https://us02web.zoom.us/j/315965149. To join the Conference Call: Dial (669) 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 or iii) public hearing 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. Face coverings are strongly recommended for members of the public who enter City buildings. 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 5:00 p.m. for 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: 1. LIVE PUBLIC COMMENTS ON CLOSED SESSION ITEMS —You can provide live Page 3 3/15/2022 comments on 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 4:30 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL BY 5:00 p.m. Speakers who are not in the speaker queue by 5:00 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. 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 ). Page 4 3/15/2022 CLOSED SESSION CALL TO ORDER ATTENDANCE Council Members Johnathan Ryan Hernandez Jessie Lopez Nelida Mendoza David Penaloza Thai Viet Phan Mayor Pro Tern Phil Bacerra Mayor Vicente Sarmiento City Manager Kristine Ridge City Attorney Sonia R. Carvalho Clerk of the Council Daisy Gomez ROLL CALL 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. CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code: A. City of Santa Ana v. Orange County Association for Mental Health, Orange County Superior Court, Case No. 30-2020-01124174-CU-MC-CJC B. Kingsley Management Corp., et al v City of Santa Ana, U.S District Court (Central District), Case No. 8:22-cv-00076-CJC-JDE 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. Page 5 3/15/2022 CITY COUNCIL REGULAR OPEN SESSION CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE Mayor Sarmiento WORDS OF INSPIRATION Hussam Ayloush CEREMONIAL PRESENTATIONS Proclamation presented by Mayor Pro Tern Bacerra to Lydia Salvetta from Republic Homes for Outstanding Contributions to the Community. 2. Certificate of Recognition presented by Councilmember Lopez to Santa Ana Pony Board in Recognition of their Outstanding Contributions to the Community. 3. Certificate of Recognition presented by Councilmember Mendoza to Santa Ana Police Department, Homicide Unit in Recognition of their 2021 Orange County Homicide Investigation Case of the Year and Outstanding Acts of Heroism. STAFF PRESENTATIONS 4. OC Streetcar Project — Orange County Transportation Authority 5. COVID-19 Update in the Community 6. Travel Santa Ana 2021 Annual Report — Community Development Agency 7. Air Quality Management District Fund Usage Update — 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, with the exception of 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: 8 throuah 24. 8. Excused Absences Page 6 3/15/2022 Department(s): Clerk of the Council Office Recommended Action: Excuse the absent members. 9. Minutes from the Regular Meeting of February 15, 2022 Department(s): Clerk of the Council Office Recommended Action: Approve minutes. 10. Minutes from the Special Meeting of February 16, 2022 Department(s): Clerk of the Council Office Recommended Action: Approve minutes. 11. Adopt Ordinance No. NS-XXXX -AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING ARTICLE III ENTITLED TOBACCO RETAIL LICENSE OF CHAPTER 18 OF THE SANTA ANA MUNICIPAL CODE PROHIBITING THE SALE OF FLAVORED TOBACCO PRODUCTS First reading at the March 1, 2022 City Council meeting and approved by a vote of 7- 0. Published in the Orange County Reporter on March 4, 2022. Department(s): City Manager Office Recommended Action: Place ordinance on second reading and adopt. 12. Adopt Ordinance No. NS-XXXX - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SECTION 2-105 OF THE SANTA ANA MUNICIPAL CODE TO PROHIBIT ABSTENTIONS UNLESS LEGALLY REQUIRED, TO REQUIRE UNAUTHORIZED ABSTENTIONS TO BE COUNTED AND RECORDED AS A VOTE WITH THE MAJORITY, AND TO DESCRIBE THE CONFLICT DISQUALIFICATION PROCESS First reading at the March 1, 2022 City Council meeting and approved by a vote of 7- 0. Published in the Orange County Reporter on March 4, 2022. Department(s): City Manager Office Recommended Action: Place ordinance on second reading and adopt. 13. Award Blanket Order Contracts to Office Depot, LLC and Veritiv Operating Company in an Annual Aggregate Amount Not to Exceed $80,000 for up to a Four -Year Term for the Purchase of Reprographic Paper and Envelopes (Specification No. 21-088) (General and Non -General Fund) Department(s): Finance and Management Services Page 7 3/15/2022 Recommended Action: Award blanket order contracts to Office Depot, LLC and Veritiv Operating Company to provide reprographic paper and envelopes in an annual aggregate amount of $80,000 for a one-year period beginning April 1, 2022 and expiring March 31, 2023, with provision for three one-year renewals by mutual agreement, subject to non -substantive changes approved by the City Manager and City Attorney. 14. Amend the Blanket Order Contract with Core & Main LP, Ferguson Enterprises LLC and Western Water Works Supply Company for Waterworks Fittings and Supplies by Increasing it to an Annual Aggregate Amount Not to Exceed $600,000 for the Remainder of the Contract Term (Specification No. 21-012) (Non -General Fund) Department(s): Public Works Agency Recommended Action: Amend the blanket purchase order contracts with Core & Main LP, Ferguson Enterprises LLC, and Western Water Works Supply Company for waterworks fittings and supplies to increase the annual amount by $175,000, for a revised annual aggregate amount not to exceed $600,000, for the remainder of the current three-year term expiring May 17, 2024, and two one-year renewal periods, subject to non -substantive changes approved by the City Manager and City Attorney. 15. Award a Purchase Order in an Amount Not to Exceed $323,827 to Trane U.S. Inc., dba Trane for Replacement of an Air Conditioning Unit in the Ross Annex Portion of City Hall (Specification No. 22-024) (General Fund) Department(s): Public Works Agency Recommended Action: Award a purchase order to Trane U.S. Inc., dba Trane, in the amount of $281,589, with a contingency amount of $42,238, for a total amount not to exceed $323,827, to replace an air conditioning unit at the Ross Annex, subject to non -substantive changes approved by the City Manager and City Attorney. 16. Award a Purchase Order in the Amount of $62,679 to Penske Chevrolet of Cerritos for One Chevrolet 2500 HD Truck (Specification No. 22-003) (Non -General Fund) Department(s): Public Works Agency Recommended Action: Authorize a one-time purchase and payment of purchase order to Penske Chevrolet of Cerritos for one Chevrolet 2500 HD Truck, in the amount of $62,679 plus a contingency of $5,000, for a total amount not to exceed $67,679, subject to non -substantive changes approved by the City Manager and City Attorney. 17. Approve an Appropriation Adjustment to Appropriate $133,740 in District 2 Acquisition and Development Funds Received in Prior Years for the Santiago Park Main Street Entrance Project (Project No. 20-2731) and Approve an Amendment to the Agreement with Hunsaker & Associates to Increase the Design Services Amount by $133,740 for a New Estimated Project Design Cost of $383,740 (Project No. 20- 2731) (Non -General Fund) Page 8 3/15/2022 Department(s): Public Works Agency Recommended Action: 1. Approve an appropriation adjustment recognizing $133,740 of prior year fund balance from the Residential Development District 2, Acquisition and Development, Prior Year Carry Forward revenue account and appropriating the same amount to the Residential Development District 2, Acquisition and Development, Improvements Other Than Building expenditure account for the Santiago Park Main Street Entrance Project (No. 20-2731). (Requires five affirmative votes) 2. Authorize the City Manager to execute an amendment to the agreement with Hunsaker & Associates for design services for the Santiago Park Main Street Entrance Project, to increase the amount by $133,740, for a total agreement amount of $383,740, subject to nonsubstantive changes approved by the City Manager and the City Attorney (Agreement No. 2022-XXX). 18. Award a Construction Contract to All American Asphalt in the Amount of $4,189,151, for the Garnsey Business District Pavement Improvements FY 2021-22 Project, with an Estimated Project Delivery Cost of $4,763,666 (Project No. 22-6991) (Non - General Fund) Department(s): Public Works Agency Recommended Action: 1. Award a construction contract to All American Asphalt, the lowest responsible bidder, in accordance with the base bid in the amount of $4,189,151, for construction of the Garnsey Business District Pavement Improvements FY 2020-21, for the term beginning March 15, 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. 2. Approve the Project Cost Analysis for a total estimated construction delivery cost of $4,763,666, which includes $4,189,151 for the construction contract; $335,132 for contract administration, inspection and testing; and a $239,383 project contingency for unanticipated or unforeseen work. 19. Approve an Amendment to the Fiscal Year 2021-2022 Emergency Solutions Grant Memorandum of Understanding Agreement with Santa Ana Police Department HEART Program for Additional Street Outreach and ESG Subrecipient Agreement with 2-1-1 Orange County for HMIS Data Collection using Unspent FY 2020-2021 ESG Funds (Non -General Fund) Department(s): Community Development Agency Recommended Action: 1. Authorize the City Manager to execute an amendment to the Santa Ana Police Department HEART Program Memorandum of Understanding to increase the amount of the agreement by $33,884 for program year July 1, 2021 - June 30, 2022 for additional street outreach activities, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2022- XXX). Page 9 3/15/2022 2. Authorize the City Manager to execute an amendment to the 2-1-1 Orange County Subrecipient Agreement to increase the amount of the agreement by $47,212.35 for program year July 1, 2021 - June 30, 2022 for additional Homeless Management Information Systems data collection, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2022-XXX). 20. County of Orange Social Services Agency (SSA) Vocational Training and Work Experience Program (Non -General Fund) Department(s): Community Development Agency Recommended Action: Authorize the City Manager to execute an agreement awarding $2,516,892 to the City of Santa Ana's Santa Ana WORK Center from the County of Orange Social Services Agency for vocational training and work experience activities, effective July 1, 2022 through June 30, 2025, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2022- XXX). 21. Amend the Agreement with West Coast Arborists, Inc. for Tree Maintenance Services, Increasing the Annual Amount by $145,000 for the Remaining Term of the Agreement (General and Non -General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an amendment to the agreement with West Coast Arborists, Inc. for tree maintenance services to increase the annual amount by $145,000, for a total amount not to exceed $2,164,100, for the remaining term of the agreement ending on December 31, 2022, with six one-year renewal options exercisable by the City Manager, for a total amount not to exceed $16,230,750 subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2022-XXX). 22. Amend the Agreement with Graffiti Protective Coatings, Inc. for Graffiti Removal Services, Increasing the Annual Amount for Fiscal Year 2021-22 by $300,000, and by $600,000 Annually for the Remaining Term of the Agreement (General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an amendment to the agreement with Graffiti Protective Coatings, Inc. for graffiti removal services, increasing the amount for Fiscal Year 2021-22 by $300,000, for a total amount not to exceed $1,660,000, and increasing the annual amount by $600,000, for a total amount not to exceed $1,960,000 for the remaining term of the agreement ending on October 31, 2023, with five, one-year renewal options exercisable by the City Manager, for a total agreement amount not to exceed $14,979,667, subject to non - substantive changes approved by the City Manager and City Attorney (Agreement No. 2022-XXX). 23. Resolution Authorizing the Submission of the Building Forward: Library Infrastructure Page 10 3/15/2022 Grant Application to the California State Library, and if Awarded, Acceptance and Execution of the Grant Funds for Library Critical Maintenance, Life Safety, and Infrastructure Needs Department(s): Library Recommended Action: Resolution No. 2022-XXX — Adopt a resolution authorizing the submission of a Building Forward: Library Infrastructure Grant Application for library critical maintenance, life safety, and infrastructure needs; and if awarded, approval to accept funds, implement the awarded project; and designate Library Services Director Brian Sternberg as the Authorized Representative to enter into the grant agreement. 24. Consider Approving the Continued Use of Teleconferencing for Meetings of City Council and All Boards, Committees, and Commissions Pursuant to the Provisions of Assembly Bill 361 Department(s): Clerk of the Council Office Recommended Action: Resolution No. 2022-XXX — Adopt a resolution to consider continuing the use of teleconferencing for City Council, board, committee, and commission meetings pursuant to the provisions of Assembly Bill 361 for the next 30 days. **END OF CONSENT CALENDAR** I BUSINESS CALENDAR 25. City of Santa Ana General Plan Annual Progress Report (2021) Department(s): Planning and Building Agency Recommended Action: Authorize staff to submit the City of Santa Ana's 2021 General Plan Annual Progress Report to the State of California Department of Housing and Community Development (HCD) and Office of Planning and Research (OPR). 26. Early Direction for Fiscal Year 2022-23 Budget Cycle Department(s): Finance and Management Services Recommended Action: Provide early budget direction to staff for the upcoming fiscal year. **END OF BUSINESS CALENDAR** Page 11 3/15/2022 PUBLIC HEARINGS PUBLIC COMMENTS — Members of the public may address the City Council on each of the Public Hearing items. 27. Public Hearing - Consider an Ordinance Amending Chapter 39 of the Santa Ana Municipal Code Related to the Water Shortage Contingency Plan Legal Notice published in the Orange County Reporter on March 4, 2022. Department(s): Public Works Agency Recommended Action: Approve first reading of an ordinance amending Chapter 39 of the Municipal Code related to the Water Shortage Contingency Plan. 28. Public Hearing - Consider an Ordinance Repealing and Reenacting Article II of Chapter 16 of the Santa Ana Municipal Code Related to Solid Waste Collection Regulations Legal Notice published in the Orange County Reporter on March 4, 2022. Department(s): Public Works Agency Recommended Action: Approve first reading of an ordinance repealing and reenacting Article II of Chapter 16 of the Santa Ana Municipal Code related to solid waste collection regulations. COUNCILMEMBER REQUESTED ITEMS 29. Discuss and Consider Directing the City Manager to Direct Staff to Prepare a Resolution Calling Upon our State Legislators to Introduce and Pass a Bill that Would End Child Marriage — Councilmembers Mendoza, Lopez and Phan 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. Mental Health Mobile Outreach Services 2. Housing Element Update 3. Billboard Ordinance Update 4. Cannabis Ordinance Update Page 12 3/15/2022 5. Proposition 218 Solid Waste Rates Public Hearing Page 13 3/15/2022