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HomeMy WebLinkAbout Agenda_2022-05-17City Council Meeting Agenda May 17, 2022 SPECIAL CLOSED SESSION MEETING - 4:00 PM REGULAR OPEN MEETING - 5:45 PM (Immediately following the Closed Session Meeting) CITY COUNCIL CHAMBER 22 Civic Center Plaza Santa Ana, CA 92701 Vicente Sarmiento Mayor Thai Viet Phan Councilmember —Ward 1 Jessie Lopez Councilmember - Ward 3 Johnathan Ryan Hernandez Councilmember - Ward 5 David Penaloza 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 5/17/2022 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 5/17/2022 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. PUBLIC COMMENTS — Members of the public who wish to address the City Council on closed session items, items on the regular agenda or on matters which are not on the agenda, but are within the subject matter jurisdiction of the City Council may do so by one of the following ways: • MAILING OPTION written communications — Public comments may be mailed to: Office of the Clerk of the Council, 20 Civic Center Plaza M-30, Santa Ana, CA 92701. All written communications received via mail by 3:00 p.m. on the day of the meeting will be distributed to the City Council and imaged into the City's document archive system which is available for public review. • SENDING E-MAIL OPTION — Public comments may be sent via email to the City Clerk's office at eComment(a)santa-ana.org. Please note the agenda item you are commenting on in the subject line of the email. All emails received before 3:00 p.m. on the day of the meeting will be distributed to the City Council and imaged into the City's document archive system which is available for public review. • LIVE VIRTUAL OPTION — Members of the public may provide live comments during the meeting by Zoom or Conference Call. To join by Zoom click on or type the following address into your web browser https://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. 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 4:00 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 comments on closed session items by joining Zoom or the Conference Call as described in Page 3 5/17/2022 the LIVE or IN -PERSON PUBLIC COMMENTS OPTION above. Speaker queue will open at 3:30 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL BY 4:00 p.m. Speakers who are not in the speaker queue by 4:00 p.m. will not be permitted to speak. 2. LIVE PUBLIC COMMENTS ON REGULAR AGENDA ITEMS AND NON -AGENDA ITEMS (GENERAL PUBLIC COMMENT) — You can provide comments by joining Zoom or the Conference Call as described in the LIVE or IN -PERSON PUBLIC COMMENTS OPTION above. Speaker queue will open at 4:30 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL PRIOR TO 6:00 p.m. Speakers who are not in the speaker queue by 6:00 p.m. will not be permitted to speak. 3. LIVE PUBLIC COMMENTS ON PUBLIC HEARING ITEMS —You can provide comments by joining Zoom or the Conference Call as described in the LIVE or IN -PERSON PUBLIC COMMENTS OPTION above. Speakers not in the queue by 6:00 p.m. will not be permitted to speak. 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 5/17/2022 SPECIAL CLOSED SESSION CALL TO ORDER ATTENDANCE Council Members Mayor Pro Tern Mayor City Manager City Attorney Clerk of the Council ROLL CALL Johnathan Ryan Hernandez Jessie Lopez Nelida Mendoza David Penaloza IIITmy aaiMI Phil Bacerra Vicente Sarmiento Kristine Ridge Sonia R. Carvalho Daisy Gomez PUBLIC COMMENTS — Members of the public may address the City Council on Special 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. Sumon Nicole v. City of Santa Ana, Orange County Superior Court, Case No. 30- 2020-01161215. 2. 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) Page 5 5/17/2022 3. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Pursuant to Government Code Section 54957 Title: Clerk of the Council, City Attorney and City Manager 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 6 5/17/2022 CITY COUNCIL REGULAR OPEN SESSION CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE Mayor Sarmiento WORDS OF INSPIRATION Reverend Lee de Leon CEREMONIAL PRESENTATIONS 1. Certificate of Recognition presented by Mayor Sarmiento to the Orange County School of the Arts Ambassador Jazz Orchestra for Outstanding Musical Contributions to the Community. 2. Proclamation presented by Mayor Pro Tern Bacerra to the Santa Ana Public Works Agency declaring May 15-21, 2022, as National Public Works Week. 3. Proclamation presented by Councilmember Hernandez and Councilmember Lopez to Santa Ana Active Streets declaring May 2022, as National Bike Month. 4. Certificate of Recognition presented by Councilmember Lopez to Ernesto Cisneros for Outstanding Contributions to Children's Literature. STAFF PRESENTATIONS 5. COVID-19 Update in the Community 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: 6 through 36. 6. Excused Absences Department(s): Clerk of the Council Office Recommended Action: Excuse the absent members. 7. Minutes from the Regular Meeting of April 19, 2022 Department(s): Clerk of the Council Office Page 7 5/17/2022 Recommended Action: Approve minutes. 8. Appoint Duane Rohrbacher nominated by Councilmember Penaloza as the Ward 2 representative to the Environmental and Transportation Advisory Commission for a partial -term expiring December 13, 2022 Department(s): Clerk of the Council Office Recommended Action: Appoint Duane Rohrbacher to the Environmental and Transportation Advisory Commission representing Ward 2 and administer Oath of Office. 9. Remove Leonel Flores and Appoint Jeffrey Katz Nominated by Councilmember Mendoza as the Ward 6 Representative to the Arts and Culture Commission for a Partial -term Expiring December 13, 2022 Pursuant to SAMC Section 2-326; a board or commission member may be removed by the City Council by the affirmative votes of a majority of the Council. Department(s): Clerk of the Council Office Recommended Action: Remove Leonel Flores and appoint Jeffrey Katz as the Ward 6 representative from the Arts and Culture Commission and administer Oath of Office to newly appointed. 10. Remove Roy Afusia and Appoint Ana Padilla Nominated by Councilmember Mendoza as the Ward 6 representative to the Community Development Commission for a partial -term expiring December 13, 2022 Pursuant to SAMC Section 2-326; a board or commission member may be removed by the City Council by the affirmative votes of a majority of the Council. Department(s): Clerk of the Council Office Recommended Action: Remove Roy Afusia and appoint Ana Padilla as the Ward 6 representative from the Community Development Commission and administer Oath of Office to newly appointed. 11. Adopt Ordinance -AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADOPTING A POLICY FOR THE USE OF MILITARY EQUIPMENT BY THE SANTA ANA POLICE DEPARTMENT First reading at the May 3, 2022 City Council meeting and approved by a vote of 4-2-1 (Hernandez, Lopez dissented and Sarmiento absent). Published in the Orange County Reporter on May 6, 2022. Department(s): Police Department Recommended Action: Place ordinance on second reading and adopt. Page 8 5/17/2022 12. Receive and File Quarterly Report of Contracts up to $50,000 for Non -Public Works and up to $250,000 for Public Works Authorized by the City Manager as Permitted by Charter Section 421 Department(s): Finance and Management Services Recommended Action: Receive and file Quarterly Report of Contracts entered into between January 1, 2022 to March 31, 2022, valued at up to $50,000 for non-public works contracts and agreements and up to $250,000 for public works contracts and agreements. 13. Receive and File Quarterly Report of Investments as of March 31, 2022 Department(s): Finance and Management Services Recommended Action: Receive and file. 14. Adopt a Resolution Approving the Parks, Facilities, Trails and Open Space Master Plan Department(s): Parks, Recreation, and Community Services Recommended Action: Resolution No. 2022-XXX — Adopt a resolution approving the Parks, Facilities, Trails and Open Space Master Plan. 15. Award a Construction Contract to All American Asphalt in the Amount of $2,109,832 for the Local Street Preventative Maintenance Fiscal Year (FY) 2021-22 Project with an Estimated Project Delivery Cost of $2,778,000 (Project No. 22-6907) (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 $2,109,832, for construction of the Local Street Preventative Maintenance FY 2021- 22, for the term beginning May 17, 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 $2,778,000, which includes $2,109,832 for the construction contract, $316,500 for contract administration, inspection and testing, and a $351,668 project contingency for unanticipated or unforeseen work. 16. Approve the Second Amendment to the Construction Contract with CJ Concrete Construction, Inc., to Increase the Contract Amount by $2,000,000 to Perform Additional Concrete Repairs through the End of Project Completion (Project No.22- 6970) (General and Non -General Fund) Department(s): Public Works Agency Page 9 5/17/2022 Recommended Action: 1. Authorize the City Manager to approve the second amendment to the construction contract with CJ Concrete Construction, Inc., by an increase of $2,000,000, to perform additional concrete improvements through the end of project completion, for a new estimated project delivery cost of $3,700,000. 2. Approve the revised Project Cost Analysis increasing Construction Administration, Inspection, and Testing by $50,000 and the project contingencies by $1,950,000, for a new estimated project delivery cost of $3,700,000. 17. Amend the Blanket Order Contract for Chain Link Fence Rental/Portable Restroom Rental in the amount of $50,000 (Specification No. 16-059) (General Fund) Department(s): Parks, Recreation, and Community Services Recommended Action: Authorize the City Manager to amend the annual amount of the blanket order contract with United Site Service, Inc. for citywide chain link fence rentals/portable restroom rentals by $50,000 for a new total annual amount not to exceed $ 285,400, subject to non -substantive changes approved by the City Manager and City Attorney. 18. Award a Purchase Order to Western Truck Exchange for Two Ford Super Duty F-550 Stake Bed Trucks for the Parks, Recreation and Community Services Agency in the Amount of $211,278 (Specification No. 22-034) (General Fund) Department(s): Public Works Agency Recommended Action: Authorize a one-time purchase and payment of purchase order to Western Truck Exchange for the purchase of two Ford Super Duty F-550 Stake Bed Trucks for the Parks, Recreation and Community Services Agency, in the amount of $211,278 plus a contingency of $20,000, for a total amount not to exceed $231,278, subject to non -substantive changes approved by the City Manager and City Attorney. 19. Award a Purchase Order to Bucher Municipal for One Bucher CityCat V20 Mini Street Sweeper, to Sweep Bike Lanes, in the Amount of $200,175 (Specification No. 22- 066) (General Fund & Non -General Fund) Department(s): Public Works Agency Recommended Action: Authorize a one-time purchase and payment of purchase order to Bucher Municipal for the purchase of one Bucher CityCat V20 Mini Street Sweeper to sweep bike lanes, in the amount of $185,175, plus a contingency of $15,000, for a total amount not to exceed $200,175, subject to non -substantive changes approved by the City Manager and City Attorney. 20. Approve Appropriation Adjustment and Award a Purchase Order to Daktronics, Inc. for the Purchase of a Scoreboard and Sound System Replacement and Marquee Retrofit in an Amount Not to Exceed $705,761 (Project No. 22-2753 and 22-1306) (Non -General Fund and Revive Santa Ana Program) Page 10 5/17/2022 Department(s): Parks, Recreation, and Community Services Recommended Action: 1. Approve an Appropriation Adjustment recognizing revenue received in Fiscal Year 2021-22 in the amount of $358,599 in the Residential Development District 2, District Park Acquisition & Development Fees revenue account and appropriating the same amount into the Residential Development District 2, Improvements Other Than Building expenditure account for FY 2021-2022 capital operating expenses. (Requires five affirmative votes) 2. Award a one-time purchase order to the Daktronics, Inc. for the purchase of a scoreboard and sound system replacement and marquee retrofit at the Santa Ana Stadium in an amount not to exceed $705,761, 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 to modify the New Stadium Scoreboard and Marquee Projects. 21. Approve an Appropriation Adjustment and Approve an Agreement with Tetra Tech, Inc. for Engineering Services in an Amount not to Exceed $830,000 for up to a Five - Year Term (Project No. 19-6496) (Non -General Fund) Department(s): Public Works Agency Recommended Action: 1. Authorize the City Manager to execute an agreement with Tetra Tech, Inc. for engineering services for pressure control station relocation and transmission main improvements for a three-year period beginning May 17, 2022 and expiring May 16, 2025, with provisions for one, two-year renewal period exercisable by the City Manager and City Attorney, in an amount not to exceed of $830,000, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2022-XXX). 2. Approve an appropriation adjustment to recognize $270,000 of prior -year fund balance in the Water Fund, Public Works Water Revenue, Prior Year Carryforward revenue account, and appropriate the same amount to the Acquisition & Construction, Water Utility Capital Projects, Water Capital Project expenditure account. (Requires five affirmative votes) 3. Approve an amendment to the Fiscal Year 2021-22 Capital Improvement Program to include $270,000 in engineering funds for the SA-2 Pressure Control Station Relocation Project (No. 19-6496). 22. Approve an Amendment to the Agreement with Blue Technologies Smart Solutions for Access and Support Services for iManage Data Management Systems (General Fund) Department(s): City Attorney Office Recommended Action: Authorize the City Manager to execute an amendment to the agreement with Blue Technologies Smart Solutions ("BlueTech") to provide increased data storage for continued access and support services for the iManage Data Page 11 5/17/2022 Management Systems ("iManage") for the remaining period of August 1, 2022 through July 31, 2024, increasing the annual billing amount by $4,800 for years two and three, for $30,050 annually, for the iManage System, and increasing the total not -to -exceed amount of the agreement to $95,350, which includes a $10,000 contingency, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2022-XXX). 23. Approve On -call Building Safety Division Services for the Planning and Building Agency (General and Non -General Fund) Department(s): Planning and Building Agency Recommended Action: Authorize the City Manager to execute agreements, as provided in the attached template approved as to form by the City Attorney, to engage each of the fourteen firms listed below for a period of three years, beginning May 17, 2022 through May 16, 2025, with the option to renew for up to one additional year, to provide on -call Building Safety Services for an aggregated not to exceed amount of $4,600,000 (Agreement No. 2022-XXX). 1. 4LEAF 2. BPR Consulting Group 3. Building Code Services Inc 4. CSG Consultant's Inc. 5. HR Green Pacific, Inc. 6. JAS Pacific 7. JLee Engineering, Inc. 8. OC Plan Review LLC 9. Scott Fazekas & Associates, Inc. 10. The Code Group, Inc. (VCA Code) 11. Transtech Engineers, Inc. 12. TRB & Associates 13. True North Compliance Services 14. West Coast Code Consultants, Inc. 24. Approve Agreement for a Learning Management System with Meridian Knowledge Systems, LLC (General and Non -General Fund) Department(s): Human Resources Recommended Action: Authorize the City Manager to execute an Agreement with Meridian Knowledge Solutions, LLC, to provide an annual subscription for a Learning Management System ("LMS") with an additional add -on with OpenSesame Plus 100 for web -based training content, for a three-year term from May 17, 2022 through June 30, 2025, with the option of two one-year extensions, in an amount not to exceed $311,7788, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2022-XXX). 25. Approve a Three -Year Agreement with HCI Environmental & Engineering Service for Page 12 5/17/2022 Police Range Cleaning Services (General Fund) Department(s): Police Department Recommended Action: Authorize the City Manager to execute an agreement with HCI Environmental & Engineering Service for police firing range cleaning and ventilation system filter replacement for the period of June 1, 2022 through May 31, 2025 in an amount not to exceed $203,364, which includes a ten -percent contingency ($18,488), subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2022-XXX). 26. Approve Agreement Amendment with Siemens, Inc. for Citywide Security System Maintenance and Enhancements by Increasing the Agreement Amount $1,200,000 for the Remaining Term of the Agreement Department(s): Public Works Agency, Police Department, Human Resources Recommended Action: 1. Authorize the City Manager to execute a first amendment to the agreement with Siemens, Inc. for additional system enhancement and annual maintenance costs by increasing the agreement amount by $1,200,000, including a $100,000 contingency, for a total agreement amount not to exceed $3,382,870 for the remaining term of the agreement expiring October 31, 2023, subject to non - substantive changes approved by the City Manager and City Attorney (Agreement No. 2022-XXX). 2. Approve the Project Cost Analysis for a total estimated delivery cost of $2,380,000, which includes $1,200,000 for the first amendment, $180,000 for contract administration, inspection and testing, and a $1,000,000 project contingency for additional sites. 27. Approve an Agreement with Superior Property Services, Inc. to Provide Hardscape Pavement Cleaning and Infectious Waste Removal Services for an Annual Amount not to exceed $316,642 (Non -General Fund) Department(s): Parks, Recreation, and Community Services Recommended Action: Authorize the City Manager to execute an agreement with Superior Property Services, Inc. to provide hardscape pavement cleaning and infectious waste removal services for an annual amount not to exceed $316,642, which includes a 20-percent contingency, for a term from July 1, 2022 through June 30, 2026, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2022-XXX). 28. Approve Agreements with Desmond, Marcello & Amster, LLC, Donna Desmond Associates, Paragon Partners, Monument, and Hodges Lacey & Associates, LLC for Various On -Call Right -of -Way Specialty Services in an Amount Not to Exceed $148,000 for a Three -Year Term (Non -General Fund) Department(s): Public Works Agency Page 13 5/17/2022 Recommended Action: Authorize the City Manager to execute agreements with Desmond, Marcello & Amster, LLC, Donna Desmond Associates, Paragon Partners, Monument, and Hodges Lacey & Associates, LLC to provide right-of-way business goodwill appraisal services, property management, and furniture, fixtures, and equipment appraisal services in a shared aggregate amount not to exceed $148,000 for each specialty area, for a three-year term beginning May 17, 2022 and expiring May 16, 2025, with an option for two, one-year extensions, subject non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2022- XXX). 29. Approve Agreements with Quality Fence Co., Inc. and United Site Services of California, Inc. for On -Call Chain Link Fencing Services in an Amount Not to Exceed $300,000 for a Three -Year Term (Non -General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with Quality Fence Co., Inc. and United Site Services, Inc. for on -call chain link fencing services, in a shared aggregate amount not to exceed $300,000 for a three-year term beginning May 17, 2022 and expiring May 16, 2025, with an option for two, one-year extensions, subject non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2022-XXX). 30. Approve an Appropriation Adjustment, Interagency Agreement with the Orange County Water District and Moulton Niguel Water District to Evaluate a Potential Emergency Interconnection, and Approve an Agreement with Stantec Consulting Services, Inc. in an Amount Not to Exceed $200,000 for a Three-year Term to Conduct a Preliminary Design Study and Environmental Analysis for an Emergency Water Distribution Interconnection (Non -General Fund) Department(s): Public Works Agency Recommended Action: 1. Authorize the City Manager to execute an agreement with Orange County Water District and Moulton Niguel Water District for a three-year term beginning on May 17, 2022 and ending on May 16, 2025 to conduct a preliminary design study and environmental analysis for an emergency water distribution interconnection, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2022-XXX). 2. Approve an appropriation adjustment to recognize $200,000 in reimbursement obligation funds from MNWD into the Water, Public Works Water Revenue, Expense Reimbursement revenue account and appropriate the same amount into the Water, Water Admin/Engineering, Contract Services — Professional expenditure account. (Requires five affirmative votes) 3. Authorize the City Manager to execute an agreement with Stantec Consulting Services, Inc., for a three-year term beginning on May 17, 2022, and ending on May 16, 2025, to evaluate a water interconnection with Moulton Niguel Water District, in an amount not to exceed $200,000, subject to non -substantive changes approved by the Page 14 5/17/2022 City Manager and City Attorney (Agreement No. 2022-XXX). 31. Adopt a Resolution Authorizing the Executive Director of the Public Works Agency to Execute Grant Agreements with the California Department of Transportation for the King Street Urban Greening Project Department(s): Public Works Agency Recommended Action: Resolution No. 2022-XXX — Adopt a resolution authorizing the Executive Director of the Public Works Agency to execute grant agreements with the California Department of Transportation for the King Street Urban Greening Project (Agreement No. 2022-XXX). 32. Adopt a Resolution in Support of the Santa Ana River Watershed Weather Modification Pilot Program and Approve One-time Funding in the Amount of $10,000 for the Program (Non -General Fund) Department(s): Public Works Agency Recommended Action: 1. Resolution No. 2022-XXX — Adopt a resolution in support of the Santa Ana River Watershed Weather Modification Pilot Program. 2. Approve one-time funding in the amount of $10,000 to the Santa Ana Watershed Project Authority for the Weather Modification Pilot Program. 33. 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. 34. Amend Agreement with Universal Protection Service, LP, Dba Allied Universal Security Services, to Provide Security Guard Services at Various City Facilities by Extending the Term by an Additional Six Months and Increasing the Agreement Amount by $1,074,376 (General and Non -General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an amendment to the agreement with Universal Protection Service, LP, Dba Allied Universal Security Services, to provide security guard services at various City facilities, to extend the term of the agreement for an additional six-month term beginning June 1, 2022, through November 30, 2022, and increase the amount by $1,074,376, for a total agreement amount of $4,127,177, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2022-XXX). Page 15 5/17/2022 35. Approve the Transfer of Ownership of Two City Camping Trailers; Recognize $238,070 into the General Fund from the Sale of 14 City Camping Trailers Department(s): Community Development Agency Recommended Action: Authorize the City Manager to transfer the ownership of two camping trailers to Suavecito Foundation for their use. 36. Resolution Apologizing to Chinese Immigrants and their Descendants Department(s): City Manager Office Recommended Action: Resolution No. 2022-XXX — Adopt a resolution apologizing to Chinese immigrants and their descendants for acts of fundamental injustice and discrimination seeking forgiveness and committing to the rectification of past policies and misdeeds. **END OF CONSENT CALENDAR** I BUSINESS CALENDAR 37. Discuss and Provide Direction Regarding a Proposed Voter Ballot Measure to Restructure Business Licensing Tax Rates and Chapter 21 of the Santa Ana Municipal Code Department(s): Finance and Management Services Recommended Action: Discuss and provide direction regarding a proposed Voter Ballot Measure for the November 8, 2022, General Election to: (1) restructure non - cannabis business license tax rates and charges with the aim of achieving an overall net revenue neutral result designed to reflect current best practices and to recognize the impact of home -based businesses and the new "gig" economy; and (2) provide a flexible Tax Holiday period for unlicensed, past due, or under -assessed businesses to obtain a valid business license or satisfy unpaid or unassessed taxes; and (3) align with closely associated provisions of SAMC Chapter 21. 38. Budget Workshop: Fiscal Year 22-23 Proposed General Fund Budget, Misc. Fees, Workforce Changes and Capital Improvement Plan Department(s): Finance and Management Services Recommended Action: Receive presentation and provide direction to staff. **END OF BUSINESS CALENDAR** Page 16 5/17/2022 PUBLIC HEARINGS PUBLIC COMMENTS — Members of the public may address the City Council on each of the Public Hearing items. 39. Public Hearing - Approve Three Loan Agreements with Westview House L.P. (c/o Community Development Partners) for a total of $3,904,341 for the Development of the Westview House Affordable Housing Project Located at 2530 & 2534 Westminster Avenue; Approve a Subordination Agreement with Umpqua Bank; Conduct a TEFRA Hearing and Adopt a Resolution Approving the Issuance of Bonds (Non -General Fund) Legal notice published in the Orange County Report on May 4, 2022. Department(s): Community Development Agency Recommended Action: 1. Authorize the City Manager to execute a Loan Agreement with Westview House L.P. (c/o Community Development Partners) for $2,003,705 in HOME Investment Partnerships Program funds for the development of the Westview House affordable housing project located at 2530 & 2534 Westminster Avenue, Santa Ana, CA 92701 (APNs 198-132-21 and 198-132-23), subject to non - substantive changes approved by the City Manager and City Attorney (Agreement No 2022-XXX). 2. Authorize the City Manager to execute a Loan Agreement with Westview House L.P. (c/o Community Development Partners) for $1,514,113 in Inclusionary Housing funds for the development of the Westview House affordable housing project located at 2530 & 2534 Westminster Avenue, Santa Ana, CA 92701 (APNs 198-132-21 and 198-132-23), subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2022-XXX). 3. Authorize the City Manager to execute a Loan Agreement with Westview House L.P. (c/o Community Development Partners) for $386,523 in Rental Rehabilitation Program Funds for the development of the Westview House affordable housing project located at 2530 & 2534 Westminster Avenue, Santa Ana, CA 92701 (APNs 198-132-21 and 198-132-23), subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2022-XXX). 4. Authorize the City Manager to execute a Subordination Agreement with Umpqua Bank, to subordinate the City's three Loan Agreements to a senior loan, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2022-XXX). 5. Authorize the City Manager to execute a future Subordination Agreement with the State of California Department of Housing and Community Development, Citibank, and/or the County of Orange, for the City's three Loan Agreements, after the Westview House affordable housing project is complete, subject to approval as to form by the City Attorney (Agreement No. 2022-XXX). 6. Conduct a Tax Equity and Fiscal Responsibility Act Hearing in consideration of the issuance of tax-exempt bond financing by the California Statewide Communities Page 17 5/17/2022 Development Authority on behalf of Westview House, LP, for the benefit of Westview House Apartments to finance the acquisition, construction, improvement, and equipping of the Project, an 85-unit multifamily rental housing project located at 2530 & 2534 Westminster Avenue, Santa Ana, California (APNs 198-132-21 and 198-132- 23). 7. Resolution No. 2022-XXX — Adopt a resolution approving the issuance of revenue bonds by the California Statewide Communities Development Authority in an amount not to exceed $45,000,000 for the purpose of financing the acquisition, construction, improvement and equipping of the Westview House affordable housing project located at 2530 & 2534 Westminster Avenue, Santa Ana, CA 92701 (APNs 198-132- 21 and 198-132-23). 40. Public Hearing - Adopt Resolution Adjusting the Solid Waste Rates As required by the provisions of Proposition 218, notices of a public hearing for adjusting solid waste collection rates were mailed to all property owners within the City of Santa Ana solid waste collection service area on or before April 1, 2022. The Clerk of the Council Office has received 44 protest letters, as of the publishing of this agenda. Legal notice was published in the Orange County Reporter on May 6, 2022 and May 13, 2022. Department(s): Public Works Agency Recommended Action: Resolution No. 2022-XXX — Hold a public hearing and adopt a resolution adjusting the solid waste rates effective July 1, 2022. COUNCILMEMBER REQUESTED ITEMS 41. Discuss and Consider Directing the City Manager to Direct Staff to Prepare an Ordinance Establishing Regulations Prohibiting the Unlawful Possession of Catalytic Converters in the City — Councilmember Mendoza 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. Cannabis Ordinance Update Page 18 5/17/2022 2. Mental Health Mobile Outreach Services 3. Housing Element Update 4. Billboard Ordinance Update 5. Body Worn Cameras 6. Community Workforce Agreement Page 19 5/17/2022