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City Council Meeting PacketMarch 1, 2022CLOSED SESSION MEETING – CANCELEDREGULAR OPEN MEETING – 5:45 PM CITY COUNCIL CHAMBER22 Civic Center Plaza Santa Ana, CA 92701Vicente SarmientoMayorThai Viet PhanCouncilmember – Ward 1 David PenalozaCouncilmember Ward 2Jessie LopezCouncilmember Ward 3 Phil BacerraMayor Pro Tem Ward 4Johnathan Ryan HernandezCouncilmember Ward 5 Nelida MendozaCouncilmember Ward 6Mayor and Council telephone: 7146476900Agenda item inquiries: 7146476520Sonia R. CarvalhoCity Attorney Kristine RidgeCity Manager Daisy GomezClerk of the CouncilIn compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting, contact Michael Ortiz,City ADA Program Coordinator, at (714) 6475624. Notification 48 hours prior to the Meeting will enable the City to make reasonable arrangements toassure accessibility to this meeting. The City Council agenda and supporting documentation can be found on the City’s website – www.santaana.org/citymeetings.CITY VISION AND CODE OF ETHICSThe 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 processdesigned to set the City and organization on a course that meets the challenges of today and tomorrow, asfollows:Vision The dynamic center of Orange County which is acclaimed for our: Investment in youth • Safe andhealthy community • Neighborhood pride • Thriving economic climate • Enriched and diverse culture •Quality government servicesMission 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 •TransparencyCode of Ethics and Conduct At the Special Municipal Election held on February 5, 2008, votersapproved an amendment to the City Charter which established the Code of Ethics and Conduct for electedofficials 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 • EfficiencyMembers of the public may attend the City Council meeting inperson or join via Zoom. The City Councilmeeting 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 Uverse channel 99.PUBLIC COMMENTS – Members of the public who wish to address the City Council on items on theregular agenda or on matters which are not on the agenda, but are within the subject matter jurisdiction ofthe City Council may do so by one of the following ways:MAILING OPTION written communications – Public comments may be mailed to: Office of the Clerkof the Council, 20 Civic Center Plaza M30, Santa Ana, CA 92701. All written communicationsreceived via mail by 4:00 p.m. on the day of the meeting will be distributed to the City Council andimaged into the City’s document archive system which is available for public review.SENDING EMAIL OPTION – Public comments may be sent via email to the City Clerk’s office ateComment@santaana.org. Please note the agenda item you are commenting on in the subject lineof the email. All emails received before 4:00 p.m. on the day of the meeting will be distributed to theCity 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 byZoom or Conference Call. To join by Zoom click on or type the following address into your webbrowser https://us02web.zoom.us/j/315965149. To join the Conference Call: Dial (669) 9009128 andenter MEETING ID: 315 965 149#. You will be prompted by the City Clerk when it is time for a:general agenda item or nonagenda item. You may request to speak by dialing *9 from your phone oryou may virtually raise your hand from Zoom. After the Clerk confirms the last three digits of thecaller’s phone number or Zoom ID and unmutes them, the caller must press *6 or microphone icon tospeak. Callers are encouraged, but not required, to identify themselves by name. Each caller will beprovided three (3) minutes to speak, unless due to the number of speakers wanting to speak adecision is made to provide a different amount of time to speak.INPERSON OPTION Members of the public can provide inperson comments at the podium in theCouncil Chamber. The Council Chamber will have seating available for members of the public toattend the meeting inperson. Face coverings are optional for members of the public who enter Citybuildings who have been vaccinated against COVID19. Public comments are limited to three (3)minutes per speaker, unless a different time is announced by the presiding chair. Speakers who wishto address the Council must do so by submitting a “Request to Speak” card by 6:00 p.m. for allother designated public comment periods as listed below. Cards will not be accepted after thePublic Comment Session begins without the permission of the presiding chair.The following designated public comment periods are:LIVE PUBLIC COMMENTS ON REGULAR AGENDA ITEMS AND NONAGENDA ITEMS (GENERALPUBLIC COMMENT) – You can provide comments by joining Zoom or the Conference Call as described inthe LIVE or INPERSON 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 inthe speaker queue by 6:00 p.m. will not be permitted to speak.About the AgendaTo download or view the attachments (staff report and other supporting documentation) for each agendaitem, 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 ).CITY COUNCIL REGULAR OPEN SESSIONCALL TO ORDERROLL CALLPLEDGE OF ALLEGIANCE Mayor SarmientoWORDS OF INSPIRATION Dr. Bernice B. Rumala – CoFounder, Health Equity,Diversity, Inclusion, AntiRacism Taskforce (HEART) for Orange CountyCEREMONIAL PRESENTATIONS1.Proclamation presented by Mayor Sarmiento to Ron Ono in Recognition of 52 years of Service andOutstanding Contributions to the Community.2.Proclamation presented by Mayor Pro Tem Bacerra and Councilmember Mendoza to Orange CountySoccer Club in Recognition of their Outstanding Contributions to Athletics.STAFF PRESENTATIONS3.Homeless Update4.Update from the Orange County Housing Finance TrustPUBLIC COMMENT – Public comments will be held during the beginning of the meeting for ALLcomments on agenda and nonagenda items.CONSENT CALENDARRECOMMENDED ACTION: Approve staff recommendations on the following Consent CalendarItems: 5 through 22.5.Excused AbsencesDepartment(s): Clerk of the Council OfficeRecommended Action: Excuse the absent members.6.Appoint Amina SenMatthews nominated by Councilmember Phan as the Ward 1 representative tothe Parks, Recreation and Community Services Commission for a partialterm expiring December10, 2024Department(s): Clerk of the Council OfficeRecommended Action: Appoint Amina SenMatthews to the Parks, Recreation and CommunityServices Commission representing Ward 1 and administer Oath of Office.7.Appoint Jannelle Welker nominated by Councilmember Phan as the Ward 1 representative to theEnvironmental and Transportation Advisory Commission for a partialterm expiring December 10,2024Department(s): Clerk of the Council OfficeRecommended Action: Appoint Jannelle Welker to the Environmental and Transportation AdvisoryCommission representing Ward 1 and administer Oath of Office.8.Receive and File Boards and Commissions Biannual Attendance Report for July through December2021Department(s): Clerk of the Council OfficeRecommended Action: Receive and file Boards and Commissions Biannual Attendance Report.9.Approve Destruction of Obsolete City RecordsDepartment(s): Finance and Management ServicesRecommended Action: Approve the request for the destruction of obsolete records from theFinance & Management Services in accordance with the retention schedule outlined in City CouncilResolution 2013014. 10.Receive and file Quarterly Report of Contracts up to $50,000 for NonPublic Works and up to$250,000 for Public Works authorized by the City Manager as Permitted by Charter Section 421Department(s): Finance and Management ServicesRecommended Action: Receive and file Quarterly Report of Contracts entered into betweenOctober 1, 2021 to December 31, 2021, valued at up to $50,000 for nonpublic works contracts andagreements and up to $250,000 for public works contracts and agreements. 11.Award a Purchase Order Contract for the Purchase of 411 Combination WasteRecycleReceptacles for Various City parks to Outdoor Creations, Inc. in an Amount not to exceed $898,035(NonGeneral Fund) (Proj. 222757)Department(s): Parks, Recreation, and Community ServicesRecommended Action: Authorize a onetime purchase and payment of purchase order contractfor 411 combination wasterecycle receptacles for various City parks to Outdoor Creations, Inc. inthe amount of $898,035, subject to nonsubstantive changes approved by the City Manager and CityAttorney.12.Award a Construction Contract to Elecnor Belco Electric, Inc. in the Amount of $307,613 for theMain Street at Walnut Street New Traffic Signal Installation Project and Crosswalk Upgrade Projectsat Occidental Street, Saint Gertrude Place, Saint Andrew Place, Anahurst Place and RousselleStreet, with an Estimated Project Delivery Cost of $385,000 and Amend the Fiscal Year 202122Capital Improvement Program (Project No. 227534) (NonGeneral Fund) Department(s): Public Works AgencyRecommended Action: 1. Award a Construction Contract to Elecnor Belco Electric, Inc., thelowest responsible bidder, in accordance with the Base Bid in the amount of $307,613, forconstruction of the Main Street at Walnut Street New Traffic Signal Installation and CrosswalkUpgrades Project, for the term beginning March 1, 2022 and ending upon project completion,subject to nonsubstantive changes approved by the City Manager and City Attorney. 2. Approve the Project Cost Analysis for a total estimated construction delivery cost of $385,000,which includes $307,613 for the construction contract, $46,079 for contract administration,
<br />inspection and testing, and a $31,308 project contingency for unanticipated or unforeseen work to
<br />be funded from Community Development Block Grant (CDBG) funds.
<br />3. Approve an amendment to the Fiscal Year 202122 Capital Improvement Program to include
<br />$300,000 and an additional $85,000 in construction funds for the Main Street at Walnut Street New
<br />Traffic Signal Installation and Crosswalk Upgrades Project for a total of $385,000 to be funded from
<br />CDBG funds.
<br />13.Approve Appropriation Adjustments, Reallocation of Funds, and Award a Construction Contract to
<br />Elecnor Belco Electric, Inc., in the Amount of $413,942 for the Main Street at 15th Street Traffic
<br />Signal Installation Project with an Estimated Project Delivery Cost of $523,636 (Project No. 18
<br />6918) (NonGeneral Fund)
<br />Department(s): Public Works Agency
<br />Recommended Action: 1. Approve an appropriation adjustment recognizing $335,793 in Fiscal
<br />Year 201718 Highway Safety Improvement Program grant funds into the Federal Aid Safety
<br />Program, Federal GrantIndirect revenue account, and appropriate the same amount into the Public
<br />Services Street Safety Projects, Improvements Other Than Building expenditure account. (Requires
<br />five affirmative votes)
<br />2. Approve an appropriation adjustment recognizing $104,347 in Fiscal Year 202122 Highway
<br />Safety Improvement Program grant funds into the Federal Aid Safety Program, Federal Grant
<br />Indirect revenue account, and appropriate the same amount into the Public Services Street Safety
<br />Projects, Improvements Other Than Building expenditure account. (Requires five affirmative votes)
<br />3. Approve an appropriation adjustment to transfer $33,549 from the Special Gas Tax Interfund
<br />Transfer account to the Select Street Construction Interfund Transfer account and appropriate the
<br />same amount into the Select Street Construction Fund, Improvements Other Than Building
<br />expenditure account. (Requires five affirmative votes)
<br />4. Authorize the reallocation of $53,435 in unspent Measure M2 Local Fairshare funds from
<br />Citywide Speed Limit Study Project and $30,061 from Bike Lane Project Development, for a total of
<br />$83,496 to the Main Street at 15th Street New Traffic Signal Installation Project to complete the
<br />project’s funding requirement.
<br />5. Award a construction contract to Elecnor Belco Electric, Inc., the lowest responsible bidder, in
<br />accordance with the base bid in the amount of $413,942, for construction of the Main Street at 15th
<br />Street Traffic Signal Installation Project, for the term beginning March 1, 2022, and ending upon
<br />project completion, subject to nonsubstantive changes approved by the City Manager and City
<br />Attorney.
<br />6. Approve the Project Cost Analysis for a total estimated construction delivery cost of $523,636,
<br />which includes $413,942 for the construction contract; $68,300 for contract administration,
<br />inspection and testing; and a $41,394 project contingency for unanticipated or unforeseen work to
<br />be funded from Highway Safety Improvement Program grant funds.
<br />14.Approve a Threeyear Agreement with California Forensic Phlebotomy in the Amount of $163,767
<br />for Blood Technician Services (General Fund)
<br />Department(s): Police Department
<br />Recommended Action: Authorize the City Manager to execute a threeyear agreement with
<br />California Forensic Phlebotomy, Inc., for the period of March 5, 2022 through March 4, 2025, to
<br />perform blood technician services, in an annual amount not to exceed $49,589, for a total amount
<br />not to exceed $163,767 (including a $15,000 contingency), subject to nonsubstantive changes
<br />approved by the City Manager and City Attorney (Agreement No. 2022XXX).
<br />15.Agreement Amendment with MIG to Amend the Scope of Work and Increase the Compensation for
<br />a Parks, Facilities, Trails, and Open Space Master Plan (General Fund)
<br />Department(s): Parks, Recreation, and Community Services
<br />Recommended Action: Authorize the City Manager to execute an amendment to the agreement
<br />with MIG to amend the scope of work to prepare a Parks, Facilities, Trails, and Open Space Master
<br />Plan and increase the compensation by $44,970 for a total amount not to exceed $205,570, subject
<br />to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022
<br />XXX).
<br />16.Approve a First Amendment to Agreement with Pitney Bowes Presort Services, LLC for mail
<br />processing services for an amount not to exceed $40,000 and exercise an optional renewal
<br />extension from April 1, 2022 through February 1, 2024 (NonGeneral Fund)
<br />Department(s): Finance and Management Services
<br />Recommended Action: Authorize the City Manager to execute a First Amendment to Agreement
<br />with Pitney Bowes Presort Services, LLC for mail processing services and exercise a renewal
<br />option for a term commencing April 1, 2022 through January 31, 2024 for a total amount not to
<br />exceed $40,000, subject to nonsubstantive changes and approved by the City Manager and City
<br />Attorney (Agreement No. 2022XXX).
<br />17.Approve Agreements with Delhi Center, Elks Building Association of Santa Ana, United Across
<br />Borders Foundation, Latino Health Access, and OneOC for Food Distribution/Supply Programs for
<br />a OneYear Term in an Aggregate Amount Not to Exceed $900,000 (Revive Santa Ana Program)
<br />Department(s): City Manager Office
<br />Recommended Action: Authorize the City Manager to execute agreements with Delhi Center, Elks
<br />Building Association of Santa Ana, United Across Borders Foundation, Latino Health Access, and
<br />OneOC to operate food distribution and food supply programs for a oneyear term beginning March
<br />1, 2022 and expiring February 28, 2023, in a total shared aggregate amount not to exceed
<br />$900,000, subject to nonsubstantive changes approved by the City Manager and City Attorney
<br />(Agreement No. 2022XXX).
<br />18.Resolution in Support of Assembly Bill 485 Requiring All Law Enforcement Agencies to Report Hate
<br />Crime Data on Their Own Website
<br />Department(s): City Manager Office
<br />Recommended Action: Resolution No. 2022XXX – Adopt a resolution in support of Assembly Bill
<br />485 requiring all law enforcement agencies to report hate crime data on their own website.
<br />19.Resolution Authorizing Execution of Notification of Intent to Comply with California Senate Bill 1383
<br />Organic Waste Recycling Regulations
<br />Department(s): Public Works Agency
<br />Recommended Action: Resolution No. 2022XXX – Adopt a resolution authorizing the City of
<br />Santa Ana to submit to CalRecycle a Notification of Intent to Comply with California Senate Bill 1383
<br />Organic Waste Recycling Regulations.
<br />20.Memorandum of Understanding between City of Santa Ana and Discovery Cube to Pursue Grant
<br />Applications and Study the Feasibility of a Future Outdoor Science Park on Adjacent CityOwned
<br />Property (NonGeneral Fund)
<br />Department(s): Community Development Agency
<br />Recommended Action: Authorize the City Manager to execute a Memorandum of Understanding
<br />with Discovery Cube for a period of March 1, 2022 to March 1, 2024, to pursue grant applications
<br />and study the feasibility of a future Outdoor Science Park on adjacent Cityowned property, subject
<br />to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022
<br />XXX).
<br />21.Approve the Santa Ana Business Interruption Fund program to provide financial relief to businesses
<br />impacted by the OC Streetcar Construction in the Amount of $1,500,000 (General Fund)
<br />Department(s): Community Development Agency
<br />Recommended Action: Approve the Santa Ana Business Interruption Fund program in the amount
<br />of $1,500,000 to provide financial relief to businesses impacted by the OC Streetcar construction.
<br />22.Approve Agreement with Townsend Public Affairs for State Legislative Advocacy Services (General
<br />and NonGeneral Fund)
<br />Department(s): City Manager Office
<br />Recommended Action: Authorize the City Manager to execute an agreement with Townsend
<br />Public Affairs for State legislative advocacy services for a threeyear term, from March 1, 2022
<br />through February 28, 2025, with an option to extend the term for an additional oneyear period, for a
<br />fouryear nottoexceed amount of $252,000, subject to nonsubstantive changes approved by the
<br />City Manager and City Attorney (Agreement No. 2022XXX).
<br />**END OF CONSENT CALENDAR**
<br />BUSINESS CALENDAR
<br />23.Discuss and Provide Input Regarding the Structure of the School Collaboration City Council
<br />Subcommittee
<br />Department(s): Parks, Recreation, and Community Services
<br />Recommended Action: Discuss and provide input regarding the structure of the School
<br />Collaboration City Council Subcommittee that will add an element for joint meetings with Santa Ana
<br />Unified School District Governing Board.
<br />24.Ordinance Amending City Manager’s Contracting Authority for NonPublic Works and Public Works
<br />Contracts Under Chapter 2, Article VII and Public Works Construction Rules and Regulations Under
<br />Chapter 33, Article VIII of the Santa Ana Municipal Code
<br />Department(s): Finance and Management Services
<br />Recommended Action: Approve first reading of an ordinance amending City Manager’s
<br />contracting authority for nonpublic works and public works contracts under Chapter 2, Article VII,
<br />Sections 2748, 2800 to 2808 and public works construction rules and regulations under Chapter
<br />33, Article VIII, Sections 33200 to 33203 of the Santa Ana Municipal Code as follows:
<br />i) Amending Section 2748 of Chapter 2, Article VII concerning the City Manager’s contract
<br />authority:
<br />(1) nonpublic works contracts to increase from $50,000 to $250,000;
<br />(2) emergency public works construction to increase from $100,000 to $750,000;
<br />(3) nonpublic works and public works contracts change orders authority increase from 10 percent or
<br />$25,000, whichever is greater, to 15 percent or $50,000, whichever is greater; and
<br />(4) add language codifying contract limits will be applied on a fiscal year basis by departments.
<br />ii) Amending Section 2800 to 2808 of Chapter 2, Articles VII.II concerning the Purchasing Rules
<br />and Regulations:
<br />(1) clarifying language administrative in nature;
<br />(2) extending local vendor preference to increase from procurement involving $5,000 and one
<br />$100,000 to procurement involving $10,000 and $100,000;
<br />(3) for reporting requirements to increase from $500 to $1,000;
<br />(4) for administrative contracts to increase from $5,000 to ten $10,000;
<br />(5) for informal contracts to increase from $5,000 and $25,000 to $10,000 and $50,000);
<br />(6) for formal contracts to increase from $25,000 to $50,000;
<br />(7) add language to coincide with current practices for awarding services contracts; and
<br />(8) for nonbid purchases add Cityowned software upgrades, maintenance, or additional licenses.
<br />iii) Amending Sections 33200 to 33203 of Chapter 33, Article VIII concerning the Public Works
<br />Construction Rules and Regulations:
<br />(1) housekeeping language administrative in nature; and
<br />(2) for nonemergency public works construction incorporate informal procurement process:
<br />a) administrative contracts up to $50,000
<br />b) informal construction bid for contracts between $50,000 and $250,000
<br />c) formal for bid for contracts in excess of $250,000
<br />25.Fiscal Year 20212022 MidYear Budget Update
<br />Department(s): Finance and Management Services
<br />Recommended Action: 1. Receive and file the Fiscal Year 202122 MidYear Budget Update,
<br />including revised revenue estimates (Exhibit 1).
<br />2. Approve recommended MidYear Appropriation Adjustments described below and in Exhibit 2.
<br />(Requires five affirmative votes)
<br />3. Approve recommended Appropriation Adjustments described in Exhibit 3 to reallocate Pension
<br />Debt and Unfunded Liability expenditures for Fiscal Year 20212022 to align with results of the
<br />pension debt refinancing. There is no net fiscal impact to the overall budget, but there are
<br />adjustments between departments and funds. (Requires five affirmative votes)
<br />4. Resolution No. 2022XXX – Adopt a resolution amending the current Fiscal Year 20212022
<br />Annual Budget to add 14 fulltime positions in the Public Works Agency, Clerk of the Council, City
<br />Attorney’s Office, Parks, Recreation & Community Service Agency, and Library, and to delete 6 full
<br />time positions in the Parks, Recreation & Community Services Agency and Library. There is no net
<br />fiscal impact to the overall budget (Exhibit 4).
<br />5. Resolution No. 2022XXX – Adopt a resolution adding classification titles to the Classification
<br />and Compensation Plan (Exhibit 5).
<br />26.Ordinance Concerning City Council Voting, Recusal for Conflicts, and Prohibiting Abstentions
<br />Department(s): City Manager Office
<br />Recommended Action: Consider one of the following options:
<br />1. Approve the first reading of an ordinance concerning City Council voting, recusal for conflicts, and
<br />prohibiting abstentions.
<br />2. Provide direction to staff.
<br />27.Ordinance Options Prohibiting the Sale of Flavored Tobacco Products
<br />Department(s): City Manager Office
<br />Recommended Action: Consider one of the following options:
<br />Option 1
<br />A. Ordinance No. NSXXXX – Adopt an urgency ordinance prohibiting the sale of flavored tobacco
<br />products, including hookah. (Requires five affirmative votes)
<br />B. Ordinance No. NSXXXX – Adopt an urgency ordinance prohibiting the sale of flavored tobacco
<br />products, excluding hookah. (Requires five affirmative votes)
<br />Option 2
<br />A. Approve the first reading of an ordinance prohibiting the sale of flavored tobacco products,
<br />including hookah.
<br />B. Approve the first reading of an ordinance prohibiting the sale of flavored tobacco products,
<br />excluding hookah.
<br />Option 3
<br />Consider whether to direct staff to prepare an ordinance regarding enforcement and/or security
<br />measures for tobacco retailers; or
<br />Option 4
<br />Take no action at this time and wait to see whether senate bill 793 goes into effect following a
<br />statewide referendum vote in November 2022.
<br />**END OF BUSINESS CALENDAR**
<br />CITY MANAGER COMMENTS
<br />COUNCIL COMMENTS
<br />AB1234 DISCLOSURE – If the City paid for travel or other expenses this is the time for members of the
<br />Council to provide a brief oral report on attendance of any regional board or commission meeting or any
<br />conference, meeting or event attended.
<br />ADJOURNMENT – Adjourn the City Council meeting.
<br />Future Items
<br />1. Mental Health Mobile Outreach Services
<br />2. Housing Element Update
<br />3. Billboard Ordinance Update
<br />4. Cannabis Ordinance Update
<br />5. Proposition 218 Solid Waste Rates Public Hearing
<br />City Council 6 3/1/2022
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