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HomeMy WebLinkAbout Agenda_2021-12-21 City Council and Special Housing Authority Meeting Agenda December 21 , 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 Vicente Sarmiento Mayor Thai Viet Phan David Penaloza Councilmember—Ward 1 Councilmember- Ward 2 Jessie Lopez Phil Bacerra Councilmember-Ward 3 Mayor Pro Tem -Ward 4 Johnathan Ryan Hernandez Nelida Mendoza Councilmember-Ward 5 Councilmember- Ward 6 Mayor and Council telephone: 714-647-6900 Agenda item inquiries: 714-647-6520 Sonia R. Carvalho Kristine Ridge Daisy Gomez City Attorney City Manager 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 12/21/2021 CITY VISION AND CODE OF ETHICS The City of Santa Ana is committed to achieving a shared vision for the organization and its community. The Vision, Mission and Guiding Principles (Values) are the result of a thoughtful and inclusive process designed to set the City and organization on a course that meets the challenges of today and tomorrow, as follows: Vision -The dynamic center of Orange County which is acclaimed for our: Investment in youth • Safe and healthy community • Neighborhood pride • Thriving economic climate - Enriched and diverse culture • Quality government services Mission -To deliver efficient public services in partnership with our community which ensures public safety, a prosperous economic environment, opportunities for our youth, and a high quality of life for residents. Guiding Principles- Collaboration • Efficiency • Equity • Excellence • Fiscal Responsibility - Innovation • Transparency Code of Ethics and Conduct -At the Special Municipal Election held on February 5, 2008, voters approved an amendment to the City Charter which established the Code of Ethics and Conduct for elected officials and members of appointed boards, commissions, and committees to assure public confidence. The following are the core values expressed: - Integrity • Honesty • Responsibility • Fairness • Accountability • Respect • Efficiency Page 2 12/21/2021 Members of the public may attend the City Council meeting in-person or join via Zoom. The City Council meeting will occur live via teleconference Zoom webinar. You may view the meeting from your computer, tablet or smart phone via YouTube LiveStream at www.youtube.com/user/SantaAnaLibrary or on CTV3, available on Spectrum channel 3 and AT&T U-verse channel 99. PUBLIC COMMENTS — Members of the public who wish to address the City Council on closed session items, items on the regular agenda or on matters which are not on the agenda, but are within the subject matter jurisdiction of the City Council may do so by one of the following ways: • MAILING OPTION written communications — Public comments may be mailed to: Office of the Clerk of the Council, 20 Civic Center Plaza M-30, Santa Ana, CA 92701. All written communications received via mail by 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 eCommenta-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, iii) public hearing item, iv) special agenda item, or v) for Housing Authority item. You may request to speak by dialing *9 from your phone or you may virtually raise your hand from Zoom. After the Clerk confirms the last three digits of the caller's phone number or Zoom ID and unmutes them, the caller must press *6 or microphone icon to speak. Callers are encouraged, but not required, to identify themselves by name. Each caller will be provided three (3) minutes to speak, unless due to the number of speakers wanting to speak a decision is made to provide a different amount of time to speak. • IN-PERSON OPTION - Members of the public can provide in-person comments at the podium in the Council Chamber. The Council Chamber will have seating available for members of the public to attend the meeting in-person up to full capacity. Face coverings are required 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: Page 3 12/21/2021 1. LIVE PUBLIC COMMENTS ON CLOSED SESSION ITEMS —You can provide live 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. 4. LIVE PUBLIC COMMENTS ON HOUSING AUTHORITY ITEMS —You can provide comments by joining Zoom or the Conference Call as described in the LIVE or IN-PERSON PUBLIC COMMENTS OPTION above. Speakers not in the queue by 6:00 p.m. will not be permitted to speak. About the Agenda To download or view the attachments (staff report and other supporting documentation)for each agenda item, you must select the agenda item to see the attachments to either open in a new link (the eyeball ) or download a pdf(the cloud symbol with the down arrow ft. ). 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 Page 4 12/21/2021 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: 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. 1. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a): Agency Negotiators: Human Resources Executive Director, Jason Motsick Employee Organizations: • Santa Ana Police Officers Association (POA) • Santa Ana Police Management Association (PMA) • Service Employees' International Union (SEIU) Full-Time Employees • Service Employees' International Union (SEIU) Part-Time Civil Service Employees • Service Employees' International Union (SEIU) Part-Time Non-Civil Service Employees • Confidential Association of Santa Ana (CASA) • Santa Ana Management Association (SAMA) 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 12/21/2021 CITY COUNCIL REGULAR OPEN SESSION CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE Mayor Sarmiento INVOCATION Bob Keller, Police Chaplain CEREMONIAL PRESENTATIONS 1. Supportive City Award for Mosquito Campaign presented by Orange County Mosquito and Vector Control District. 2. Certificate of Recognition presented by Mayor Sarmiento and Councilmember Lopez to the Santa Ana Pony Storm 12U Baseball Team for Exceptional Athletic Contributions to the Community. 3. Certificate of Recognition presented by Councilmember Hernandez to Santa Anita Neighborhood Association Volunteers: Martha Calderon, Lydia Castillo, Victor Castillo, Lucia Cleto, Aileen Cayetano, Miranda Cayetano, Grace Moreno, Gustavo Ortega and Angel Velez in Appreciation of their Outstanding Contributions to the Community. STAFF PRESENTATIONS 4. Homeless Update. 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: 5 through 37. 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 August 17, 2021 Page 6 12/21/2021 Department(s): Clerk of the Council Office Recommended Action: Approve minutes. 7. Minutes from the Regular and Housing Authority Meetings of September 7, 2021 Department(s): Clerk of the Council Office Recommended Action: Approve minutes. 8. Minutes from the Special Closed Session and Regular Meetings of September 21, 2021. Department(s): Clerk of the Council Office Recommended Action: Approve minutes. 9. Minutes from the Special Open Session, Special Closed Session, Regular and Housing Authority Meetings of October 5, 2021 Department(s): Clerk of the Council Office Recommended Action: Approve minutes. 10. Minutes from the Special Closed Session and Regular Meetings of October 19, 2021 Department(s): Clerk of the Council Office Recommended Action: Approve minutes. 11. Minutes from the Special Closed Session, Regular Closed Session, Regular and Housing Authority Meetings of November 2, 2021 Department(s): Clerk of the Council Office Recommended Action: Approve minutes. 12. Minutes from the Special Meeting of November 15, 2021 Department(s): Clerk of the Council Office Recommended Action: Approve minutes. 13. Minutes from the Regular and Special Housing Authority Meetings of November 16, 2021 Department(s): Clerk of the Council Office Recommended Action: Approve minutes. 14. Minutes from the Special Meeting of December 6, 2021 Department(s): Clerk of the Council Office Page 7 12/21/2021 Recommended Action: Approve minutes. 15. Minutes from the Regular and Housing Authority Meetings of December 7, 2021 Department(s): Clerk of the Council Office Recommended Action: Approve minutes. 16. Appoint Brandon Nguyen Nominated by Councilmember Phan as the Ward 1 Representative to the Youth Commission for a Partial-Term Expiring December 10, 2024 Department(s): Clerk of the Council Office Recommended Action: Appoint Brandon Nguyen to the Youth Commission representing Ward 1 and administer Oath of Office. 17. 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 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 City Council meeting. Department(s): Planning and Building Agency Recommended Action: Place Ordinance on second reading and adopt. 18. Budget Calendar for Fiscal Year 2022-23 Department(s): Finance and Management Services Recommended Action: Approve the Budget Calendar for Fiscal Year 2022-23. 19. Approve a Sole Source Purchase Order to Califa Group to Provide Online Subscriptions to ABCmouse, Mango Languages, Ancestry, Newspaper Archive Multi- State Collection, and Newsbank for One Year(General and Non-General Fund) Department(s): Library Recommended Action: Approve a sole source purchase order to Califa Group to provide online subscriptions to ABCmouse, Mango Languages, Ancestry, Newspaper Archive Multi-State Collection, and Newsbank for one year from the date of registration to online services in the amount not to exceed $55,556.12, subject to non- substantive changes approved by the City Manager and City Attorney. Page 8 12/21/2021 20. Award a Blanket Order Contract to Powers Brothers Machine, Inc. for Preventative Maintenance Services and As-Needed Rebuilds or Repairs for the City's Existing Sewage Grinder Units in An Amount Not to Exceed $575,000 Over a Three-Year Period (Specification No. 21-080) (Non-General Fund) Department(s): Public Works Agency Recommended Action: Award a blanket order contract to Powers Brothers Machine, Inc., for preventative maintenance services and as-needed rebuilds or repairs for the city's existing sewage grinder units, including replacement units and parts, in an amount not to exceed $575,000 for a three-year period expiring November 1, 2024, with provisions for one, two-year renewal period exercisable by the City Manager, subject to non-substantive changes approved by the City Manager and City Attorney. 21. Award a Blanket Order Contract to Duke's Root Control, Inc. in an Annual Amount Not to Exceed $60,000 for Sanitary Sewer Chemical Root Foaming Services (Specification 21-124) (Non-General Fund) Department(s): Public Works Agency Recommended Action: Award a blanket order contract for sanitary sewer chemical root foaming services to Duke's Root Control, Inc., in an annual amount not to exceed $60,000, for a total contract amount not to exceed $300,000, for a one-year term beginning December 21, 2021, and expiring December 20, 2022, with provisions for four one-year renewal periods exercisable by the City Manager, subject to non- substantive changes approved by the City Manager and City Attorney. 22. Award a Purchase Order to P.T.I. Sand & Gravel, Inc., in an Amount Not to Exceed $487,500 for up to a Five-Year Term for the Purchase of Rock, Sand, and Gravel (Specification No. 21-134) (Non-General Fund) Department(s): Public Works Agency Recommended Action: Award a blanket purchase order contract to PTI Sand & Gravel, Inc., for the purchase of rock, sand, and gravel, in an annual amount of $97,500, for a total amount not to exceed $487,500, a for a one-year period beginning January 1, 2022, and expiring December 31, 2022, with provision for four one-year renewal periods exercisable by the City Manager and City Attorney. 23. Award Purchase Order to Bentley Systems, Inc. for Engineering Software Maintenance and Technical Support Services for a One-year Subscription Period from January 17, 2022, through January 16, 2023, in an Annual Amount Not to Exceed $80,000 (Non-General Fund) Department(s): Public Works Agency Recommended Action: Award a one-time Purchase Order to Bentley Systems, Inc., for software maintenance and technical support for the specialized engineering Page 9 12/21/2021 software used in the Public Works Agency for a one-year subscription period beginning January 17, 2022, and ending January 16, 2023, with the option to extend for up to four additional one-year terms, exercisable by the City Manager, in an annual amount not to exceed $80,000 per year, for a total amount not to exceed $400,000, subject to non-substantive changes approved by the City Manager and City Attorney. 24. Approve Appropriation Adjustment in the amount of$7,250,000 and Award a Construction Contract to James W. Fowler Co., in the Amount of$5,922,025, for the SR-55/Ritchey Street Water Improvements Project, with an Estimated Project Delivery Cost of$7,250,000 (Project Nos. 19-6438, 19-6439, 19-6440) (Non-General Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an appropriation adjustment to recognize $7,250,000 in reimbursement obligation funds from OCTA, as stipulated in the three Utility Reimbursement Agreements for the State Route 55 Improvement Project, into the Acquisition & Construction, Water Utility Capital Projects, Expense Reim bursement-OCTA revenue account and appropriate the same amount into the Acquisition & Construction, Water Utility Capital Projects, Water Capital Project expenditure account. (Requires five affirmative votes) 2. Award a construction contract to James W. Fowler Co., the lowest responsible bidder, in accordance with the base bid in the amount of$5,922,025, for construction of the SR-55/Ritchey Street Water Improvements Project, for the term beginning September 21, 2021, and ending upon project completion, and authorize the City Manager to execute the contract subject to non-substantive changes approved by the City Manager and the City Attorney. 3. Approve the Project Cost Analysis for a total estimated construction delivery cost of $7,250,000, which includes $5,922,025 for the construction contract; $180,000 for contract administration, inspection and testing; $150,000 for water engineering; and a $997,975 project contingency for unanticipated or unforeseen work. 4. Approve an amendment to the Fiscal Year 2021-22 Capital Improvement Program to include $1,650,000 in construction funds for the SR-55/Ritchey Street Water Improvements Project. 25. Approve Appropriation Adjustment and Purchase and Sale Agreements per RFP 20- 159 Generating $1,850,000 in Revenue for Bristol Street Corridor Improvement Projects (Non-General Fund) Department(s): Public Works Agency Recommended Action: 1. Authorize the City Manager to execute a purchase and sale agreement with Southwest Group Properties, LLC, for the sale of City-owned property located at 1601 N Bristol Street (APN's 405-252-21 and 405-252-22) in the amount of$950,000, 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 purchase and sale agreement with Page 10 12/21/2021 Santana Green Development, LLC, for the sale of City-owned property located at 2235 S Bristol Street (APN 015-194-40) and 1211 W Warner Street (APN 015-194- 37) in the amount of$900,000, subject to non-substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). 3. Approve an appropriation adjustment recognizing revenue in the amount of $1,189,750 in the Select Street Construction Fund, Sale of Land revenue account for Fiscal Year 2021-22 from the sale of City-owned property located at various locations and appropriating the same to the OCTA Bristol Street Corridor Improvements, Improvements Other Than Building expenditure account. Receipt of Measure M Street Construction proceeds in the amount of$660,250 will be disbursed to the Orange County Transportation Authority (OCTA). (Requires five affirmative votes) 26. Authorize Budget Reallocation and Approve Purchase and Sale Agreement with Life Cycle Management for 1725 N Bristol Street (Non-General Fund) Department(s): Public Works Agency Recommended Action: 1. Authorize the City Manager to execute a purchase and sale agreement with Life Cycle Management, LLC, for the purchase of real property located at 1725 N Bristol Street (APN 399-085-22), in the amount of$127,700, subject to non-substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). 2. Approve the reallocation of unspent OCTA Bristol Street Corridor Improvements funds in the amount of$40,864 from Bristol St Corridor Improvements Project (No. 11- 6741) to Bristol Street Corridor General ROW Project (No. 17-6887) to complete the funding for the purchase of real property located at APN 399-085-22. 27. Authorize a Budget Reallocation of$125,000 and Approve an Agreement with Mark Thomas for Grant Writing Services in an Amount Not to Exceed $250,000 for a Three- Year Term (Project No. 22-6899) (Non-General Fund) Department(s): Public Works Agency Recommended Action: 1. Authorize the reallocation of$125,000 in unspent Measure M2 Local Fairshare funds, $61,230 from Project Development FY 19/20 (Project No. 20-6899), $13,594 from Project Development FY 20/21 (Project No. 21- 6899), and $50,176 from the Right Of Way Management Project (Project No. 22- 6900) to Project Development FY 21/22 (Project No. 22-6899) to complete the funding needed for the grant writing services agreement. 2. Authorize the City Manager to execute an agreement with Mark Thomas & Company, Inc. to provide grant writing services for the Santa Ana Grade Separation project in the amount of$186,648, with a contingency of$63,314, for a total amount of $250,000, for a three-year term beginning December 21, 2021, and expiring December 20, 2024, with an option for two, one-year extensions, subject non- substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). Page 11 12/21/2021 28. Amend Agreement with MGT of America Consulting, LLC to Increase Compensation by $200,000 for Cost Allocation Plan Preparation (Non-General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an amendment to the agreement with MGT of America Consulting, LLC for preparation of Code of Federal Regulations Part 200 compliant Cost Allocation Plans necessary for state and federal grant reimbursement, increasing the compensation by $200,000, which includes a $50,000 contingency, for a total agreement amount of$250,000, subject to non- substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). 29. Approve Master Agreements for Legal Counsel Services with the Following Firms: Atkinson, Andelson, Loya, Ruud, & Romo ("AALRR"); Liebert Cassidy Whitmore ("LCW'); Barboza &Associates; Oppenheimer Investigations Group; Four Star Investigations; Steve Filarsky; and Burke, Williams, & Sorenson ("BWS") (General Fund) Department(s): Human Resources Recommended Action: 1. Authorize the City Manager to execute a Second Amendment to the Agreement with AALRR to provide limited legal services not to exceed $300,000 for the duration of the term of the agreement expiring on June 30, 2024, subject to non-substantive changes approved by the City Manager and City Attorney, and (Agreement No. 2021-XXX) 2. Authorize the City Manager to execute a First Amendment to the Agreement with LCW to provide special legal counsel services not to exceed $300,000 for the duration of the term of the agreement expiring on June 30, 2024, subject to non- substantive changes approved by the City Manager and City Attorney, and (Agreement No. 2021-XXX) 3. Authorize the City Manager to execute a First Amendment to the Agreement with Barboza &Associates to provide limited legal services not to exceed $150,000 for the duration of the term of the agreement expiring on June 30, 2024, subject to non- substantive changes approved by the City Manager and City Attorney, and (Agreement No. 2021-XXX) 4. Authorize the City Manager to execute a First Amendment to the Agreement with Oppenheimer Investigations Group to provide limited legal services not to exceed $300,000 for the duration of the term of the agreement expiring on June 30, 20247 subject to non-substantive changes approved by the City Manager and City Attorney, and (Agreement No. 2021-XXX) 5. Authorize the City Manager to execute a First Amendment to the Agreement with Four Star Investigations to provide limited legal services not to exceed $150,000 for the duration of the term of the agreement expiring on June 30, 2024, subject to non- substantive changes approved by the City Manager and City Attorney, and (Agreement No. 2021-XXX) Page 12 12/21/2021 6. Authorize the City Manager to execute a First Amendment to the Agreement with Steve Filarsky to provide special legal counsel services not to exceed $150,000 for the duration of the term of the agreement expiring on June 30, 2024, subject to non- substantive changes approved by the City Manager and City Attorney, and (Agreement No. 2021-XXX) 7. Authorize the City Manager to execute a First Amendment to the Agreement with BWS to provide special legal counsel services not to exceed $350,000 for the duration of the term of the agreement expiring on June 30, 2024, subject to non- substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). 30. Approve an Agreement with PlanetBids, Inc. in an Amount not to Exceed $225,000 for eProcurement Suite of Modules (General Fund) Department(s): Finance and Management Services Recommended Action: Authorize the City Manager to execute an agreement with PlanetBids, Inc. for a two-year period effective December 21, 2021, with an option to extend for up to three one-year renewal exercisable by the City Manager and City Attorney, not to exceed $225,000 over the entirety of the five-year period, which includes a $5,000 contingency for training and additional user licenses, subject to non-substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). 31. Award a Contract to Grant Thornton Public Sector LLC for American Rescue Plan Act (ARPA) Compliance Consulting Services, in an Aggregate Amount not to Exceed $181,300, for a Six-Month Term (Revive Santa Ana Program) Department(s): Finance and Management Services Recommended Action: Authorize the City Manager to execute an agreement with Grant Thornton Public Sector LLC for ARPA Consulting Services for a six-month term with the option for one six-month renewal, for a total aggregate amount not to exceed $181,300, subject to non-substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). 32. Resolution Designating J.P. Morgan Chase Bank, N.A. as the Continuing Official Depository for the City of Santa Ana and First Amendment to Agreement with J.P. Morgan Chase Bank, N.A., for Banking-Related Services in the Amount not to exceed $562,500, which Includes a General Contingency of$187,500 (Non-General Fund) Department(s): Finance and Management Services Recommended Action: 1. Resolution No. 2021-XXX—Adopt a resolution designating J.P. Morgan Chase Bank, N.A. the official depository for the City of Santa Ana for five years, commencing January 1, 2022 through December 31, 2026. 2. Authorize the City Manager to execute a First Amendment to Agreement with J.P. Morgan Chase Bank, N.A. for banking-related services for an amount not to Page 13 12/21/2021 $562,500, which includes a general contingency of$187,500. The First Amendment to Agreement shall commence January 1, 2022, and expire December 31, 2026, subject to non-substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). 33. Resolution Supporting Federal PFAS Legislation that Protects Ratepayers and Water/Wastewater Agencies Department(s): City Manager Office Recommended Action: Resolution No. 2021-XXX—Adopt a resolution supporting federal PFAS legislation that protects ratepayers and water/wastewater agencies. 34. WITHDRAWN — Department(s): Parks, Recreation, and Community Services Recommended Action: 1. Resolution No. 2021-XXX—Adopt a resolution approving the proposed Events Permit Policy, including park facility permits, film permits, land use certificate, and special event permits. 2. Resolution No. 2021-XXX—Adopt a resolution amending fees in the Uniform Schedule of Miscellaneous Fees for Fiscal Year (FY) 2021-22 specific to film permits and park facility permits. 35. Resolution and Authorization to Carry Over Grant Funds to the 2023 Federal Transportation Improvement Program as Required by Funding Agency Department(s): Public Works Agency Recommended Action: 1. Authorize the City Manager to submit selected projects to the Orange County Transportation Authority for inclusion into the 2023 Federal Transportation Improvement Program. 2. Resolution No. 2021-XXX—Adopt a Resolution certifying that the City has the resources to fund the projects submitted for inclusion into the 2023-2028 Federal Transportation Improvement Program, and confirm the City's commitment to implement all projects submitted to the program. 36. Resolutions Authorizing Grant Application Submissions for California Department of Water Resources 2021 Urban and Multibenefit Drought Relief Grant Program (Non- General Fund) Department(s): Public Works Agency Recommended Action: Adopt resolutions authorizing the Executive Director of the Public Works Agency to submit grant applications to the California Department of Water Resources 2021 Urban and Multibenefit Drought Relief Grant Program for various water resources projects in an amount up to $27,031,617L Page 14 12/21/2021 1. Resolution No. 2021-XXX— Flower Street Well Project 2. Resolution No. 2021-XXX—Washington Well Project 3. Resolution No. 2021-XXX—Well 29 Rehabilitation Project 4. Resolution No. 2021-XXX—Well 32 Rehabilitation Project 5. Resolution No. 2021-XXX—Well 38 Water Treatment Project 37. 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. 2021-XXX—Adopt resolution to consider continuing the use of teleconferencing for the meetings of City Council and all boards, committees, and Commissions pursuant to the provisions of Assembly Bill 361 for the next 30 days. **END OF CONSENT CALENDAR** I BUSINESS CALENDAR 38. Fiscal Year 2021-2022 General Fund - First Quarter Budget Update Department(s): Finance and Management Services Recommended Action: 1. Receive and file the fiscal year 2021-2022 General Fund - First Quarter Budget Update, including the increased sales tax and property tax estimates. 2. Amend the fiscal year 2021-2022 budget to add one position funded by the Water enterprise within the Finance and Management Services Agency and approve a $42,720 Appropriation Adjustment to fund the position for the remainder of FY21-22. (Requires five affirmative votes) 3. Approve one-time General Fund Appropriation Adjustments totaling $24,655,000 described in detail below for fiscal year 2021-2022. (Requires five affirmative votes) 4. Approve recurring General Fund Appropriation Adjustments totaling $3,066,900 described in detail below for fiscal year 2021-2022, which includes amending the FY21-22 budget to add one position to the Community Development Agency and funding for two positions in the City Clerk's Office and the City Attorney's Office. (Requires five affirmative votes) 5. Resolution No. 2021-XXX—Adopt a resolution amending the current Fiscal Year 2021-2022 Annual Budget to add one Full Time Position in the Finance and Management Services Agency and one Full Time Position in the Community Development Agency. Page 15 12/21/2021 39. Ordinance Prohibiting the Sale of Flavored Tobacco Products Department(s): City Manager Office Recommended Action: Consider one of the following recommendations: 1. Approve the first reading of an ordinance prohibiting the sale of flavored tobacco products. 2. Ordinance No. NS-XXXX—Adopt an urgency ordinance prohibiting the sale of flavored tobacco products. (Requires five affirmative votes) 40. Disbanding and Establishing Certain City Council Ad Hoc Committees; Resolution Establishing Certain City Council Standing Subcommittees Department(s): City Manager Office Recommended Action: 1. Disband the Homeless, Housing, and Legislative City Council Ad Hoc Committees, and establishing a Charter Review City Council Ad Hoc Committee. 2. Resolution No. 2021-XXX—Adopt a resolution establishing the Public Safety and Homelessness, and Legislative City Council Standing Subcommittees. **END OF BUSINESS CALENDAR" PUBLIC HEARINGS PUBLIC COMMENTS — Members of the public may address the City Council on each of the Public Hearing items. 41. Public Hearing - Final Recirculated Program Environmental Impact Report No. 2020- 03 and General Plan Amendment No. 2020-06 for Santa Ana General Plan Update 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 City Council meeting. Department(s): Planning and Building Agency Recommended Action: 1. Resolution No. 2021-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. 2021-XXX— Adopt a resolution approving General Plan Amendment No. 2020-06. 3. Resolution No. 2021-XXX—Adopt a resolution of findings to overrule the John Wayne Airport Orange County Airport Land Use Commission's determination that the Page 16 12/21/2021 Proposed General Plan Update is inconsistent with the Airport Environs Land Use Plan. This action requires a minimum of five affirmative votes. 42. Ordinance No. NS-XXXX—Adoption of an Urgency Ordinance Adding Division 2 and 3 to Article XX of Chapter 41 of the Santa Ana Municipal Code Establishing Interim Regulations to Regulate Urban Lot Splits and Two-Unit Projects Under Senate Bill 9 Department(s): Planning and Building Agency Recommended Action: Adopt the Urgency Ordinance by 2/3 vote to add Division 2 and 3 to Article XX of Chapter 41 of the Santa Ana Municipal Code establishing interim regulations to regulate urban lot splits and two-unit projects under Senate Bill 9. COUNCILMEMBER REQUESTED ITEMS 43. Discuss and Consider Directing City Manager to Direct Staff to Introduce an Ordinance for a Ban on the Use, Possession and Sale of All Fireworks— Councilmembers Phan, Mendoza and Mayor Pro Tem Bacerra 44. Discuss and Consider Directing City Manager to Direct Staff to add "Adopt Order of Business" to the City Council Agenda and Revise on the Agenda the Title "Invocation" to "Words of Inspiration" — Councilmember 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 and convene to the Housing Authority meeting. Future Items 1. Mental Health Mobile Outreach Services 2. Housing Element Update Page 17 12/21/2021 SPECIAL HOUSING AUTHORITY CALL TO ORDER ATTENDANCE Authority Members Johnathan Ryan Hernandez Jessie Lopez Nelida Mendoza David Penaloza Thai Viet Phan Vice Chair Phil Bacerra Chair Vicente Sarmiento City Manager Kristine Ridge City Attorney Sonia R. Carvalho Clerk of the Council Daisy Gomez PUBLIC COMMENTS — Members of the public may address Housing Authority on items on the Special Housing Authority agenda. I CONSENT CALENDAR RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 1 through 7. 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 August 17, 2021 Department(s): Clerk of the Council Office Recommended Action: Approve minutes. (Please refer to agenda Item #6 in the City Council meeting agenda) 3. Minutes from the Housing Authority Meeting of September 7, 2021 Department(s): Clerk of the Council Office Recommended Action: Approve minutes. (Please refer to agenda Item #7 in the City Council meeting agenda) 4. Minutes from the Housing Authority Meeting of October 5, 2021 Page 18 12/21/2021 Department(s): Clerk of the Council Office Recommended Action: Approve minutes. (Please refer to agenda Item #9 in the City Council meeting agenda) 5. Minutes from the Housing Authority Meeting of November 2, 2021 Department(s): Clerk of the Council Office Recommended Action: Approve minutes. (Please refer to agenda Item #11 in the City Council meeting agenda) 6. Minutes from the Special Housing Authority Meeting of November 16, 2021 Department(s): Clerk of the Council Office Recommended Action: Approve minutes. (Please refer to agenda#13 in the City Council meeting agenda) 7. Minutes from the Housing Authority Meeting of December 7, 2021 Department(s): Clerk of the Council Office Recommended Action: Approve minutes. (Please refer to agenda Item #15 in the City Council meeting agenda) **END OF CONSENT CALENDAR** I BUSINESS CALENDAR JOINT SESSION OF THE CITY COUNCIL AND HOUSING AUTHORITY 8. Housing Successor Annual Report for FY 2020-21 — Low and Moderate Income Housing Asset Fund Department(s): Community Development Agency Recommended Action: Receive and file. **END OF BUSINESS CALENDAR** HOUSING AUTHORITY MEMBER COMMENTS ADJOURNMENT—Adjourn the Special Housing Authority meeting. Page 19 12/21/2021