Agenda packet — Santa Ana City Council, April 5, 2022 (part 1 of 4)

City Council and Housing Authority Meeting
Packet
April 5, 2022
SPECIAL CLOSED SESSION MEETING – 5:00 PM
CLOSED SESSION MEETING – 5:00 PM
REGULAR OPEN MEETING – 5:45 PM
(Immediately following the Closed Session Meeting)
CITY COUNCIL CHAMBER
22 Civic Center Plaza Santa Ana, CA 92701
Vicente Sarmiento
Mayor
Thai Viet Phan
Councilmember – Ward 1
David Penaloza
Councilmember Ward 2
Jessie Lopez
Councilmember Ward 3
Phil Bacerra
Mayor Pro Tem Ward 4
Johnathan Ryan Hernandez
Councilmember Ward 5
Nelida Mendoza
Councilmember Ward 6
Mayor and Council telephone: 7146476900
Agenda item inquiries: 7146476520
Sonia R. Carvalho
City Attorney
Kristine Ridge
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) 6475624. 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.santaana.org/citymeetings.

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:

City Council 1 4/5/2022
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) 6475624. 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.santaana.org/citymeetings.

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 Members of the public may attend the City Council meeting inperson 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 and 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 M30, 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 EMAIL OPTION – Public comments may be sent via email to the City Clerk’s office at eComment@santaana.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) 9009128 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’sphonenumberorZoomIDandunmutesthemthecallermustpress*6or City Council 2 4/5/2022
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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 Members of the public may attend the City Council meeting inperson 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 and available on Spectrum channel 3.

MAILING OPTION written communications – Public comments may be mailed to:

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) 9009128 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.

INPERSON OPTION Members of the public can provide inperson comments at the podium in the Council Chamber. The Council Chamber will have seating available for members of the public to attend the meeting inperson. Face coverings are strongly recommended for members of the public who enter City buildings. Public comments are limited to three (3) minutes per speaker, unless a different time is announced by the presiding chair. Speakers who wish to address the Council must do so by submitting a “Request to Speak” card by 5:00 p.m. for Closed Session items and by 6:00 p.m. for all other designated public comment periods as listed below. Cards will not be accepted after the Public Comment Session begins without the permission of the presiding chair.

The following designated public comment periods are:

1. LIVE PUBLIC COMMENTS ON CLOSED SESSION ITEMS – You can provide live comments on closed session items by joining Zoom or the Conference Call as described in the LIVE or INPERSON 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.

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of the presiding chair.

The following designated public comment periods are:

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 NONAGENDA ITEMS (GENERAL PUBLIC COMMENT) – You can provide comments by joining Zoom or the Conference Call as described in the 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 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 INPERSON 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 INPERSON 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 ).

SPECIAL CLOSED SESSION
CALL TO ORDER
ATTENDANCE Council Members Johnathan Ryan Hernandez
Jessie Lopez
Nelida Mendoza
David Penaloza
Thai Viet Phan
Mayor Pro Tem Phil Bacerra
Mayor Vicente Sarmiento
City Manager Kristine Ridge
City Attorney Sonia R. Carvalho
Clerk of the Council Daisy Gomez
ROLL CALL
PUBLIC COMMENTS – Members of the public may address the City Council on Special Closed Session items.

SPECIALCLOSEDSESSIONITEMS–TheBrownActpermitslegislativebodiesto City Council 4 4/5/2022
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 ).

SPECIAL 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 THREAT OR ANTICIPATED/POTENTIAL LITIGATION pursuant to paragraphs (2) or (3) of subdivision (d) of Section 54956.9 of the Government Code: One Case
RECESS – City Council will recess to Regular Closed Session Meeting.

CLOSED SESSION
CALL TO ORDER
ATTENDANCE Council Members Johnathan Ryan Hernandez
Jessie Lopez
Nelida Mendoza
David Penaloza
Thai Viet Phan
Mayor Pro Tem Phil Bacerra
Mayor Vicente Sarmiento
City Manager Kristine Ridge
City Attorney Sonia R. Carvalho
Clerk of the Council Daisy Gomez
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RECESS – City Council will recess to Regular Closed Session Meeting.

CLOSED SESSION
CALL TO ORDER
ATTENDANCE Council Members Johnathan Ryan Hernandez
Jessie Lopez
Nelida Mendoza
David Penaloza
Thai Viet Phan
Mayor Pro Tem Phil Bacerra
Mayor Vicente Sarmiento
City Manager Kristine Ridge
City Attorney Sonia R. Carvalho
Clerk of the Council Daisy Gomez
ROLL CALL
PUBLIC COMMENTS – Members of the public may address the City Council on Closed Session items.

CLOSED SESSION ITEMS – The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation:

1. CONFERENCE WITH 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)
· Service Employees’ International Union (SEIU) FullTime Employees · Service Employees’ International Union (SEIU) PartTime NonCivil Service Employees

2. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code:

A. City of Santa Ana v. Dyer 18 LLC, Orange County Superior Court, Case No. 30 202201248172CUMCCJC
B. City of Santa Ana v. Dyer 18 LLC, United States District Court (Central District of California), Case No. 8:22cv00433DOCJDE

3. CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Government Code Section 54956.8:

Address of Property: APN #43002102; 1815 Carnegie Avenue, Santa Ana CA 92705.

Negotiator: City Manager Kristine Ridge
Negotiatingwith:Dyer18LLC
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California), Case No. 8:22cv00433DOCJDE

3. CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Government Code Section 54956.8:

Address of Property: APN #43002102; 1815 Carnegie Avenue, Santa Ana CA 92705.

Negotiator: City Manager Kristine Ridge
Negotiating with: Dyer 18 LLC
Terms: Price and terms related to the possible acquisition of property.

CLOSED SESSION REPORT – The City Attorney will report on any action(s) to be taken at the Regular Open Session which will begin immediately following the Closed Session.

RECESS – City Council will recess to Closed Session for the purpose of conducting regular City business.

RECONVENE – City Council will reconvene to continue regular City business.

CITY COUNCIL REGULAR OPEN SESSION
CALL TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE Mayor Sarmiento
WORDS OF INSPIRATION Pastor Tommy Cota
CEREMONIAL PRESENTATIONS

1. Proclamation presented by Mayor Sarmiento declaring April as DMV/Donate Life Month.

2. Proclamation presented by Councilmember Hernandez to Latino Health Access declaring April as National Child Abuse Prevention Month.

3. Certificate of Recognition presented by Councilmember Lopez to Marytza K. Rubio for her Outstanding Contributions to Literary Arts and to the Artist Community.

4. Certificate of Recognition presented by Councilmember Mendoza to Fred Flores for his Outstanding Contributions to the Community.

5. Proclamation presented by Councilmember Penaloza and Councilmember Phan declaring April as Sexual Assault Awareness Month.

STAFF PRESENTATIONS

6. Homelessness Update
CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed Session.

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City business.

RECONVENE – City Council will reconvene to continue regular City business.

CITY COUNCIL REGULAR OPEN SESSION
CALL TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE Mayor Sarmiento
WORDS OF INSPIRATION Pastor Tommy Cota
CEREMONIAL PRESENTATIONS

1. Proclamation presented by Mayor Sarmiento declaring April as DMV/Donate Life Month.

2. Proclamation presented by Councilmember Hernandez to Latino Health Access declaring April as National Child Abuse Prevention Month.

3. Certificate of Recognition presented by Councilmember Lopez to Marytza K. Rubio for her Outstanding Contributions to Literary Arts and to the Artist Community.

4. Certificate of Recognition presented by Councilmember Mendoza to Fred Flores for his Outstanding Contributions to the Community.

5. Proclamation presented by Councilmember Penaloza and Councilmember Phan declaring April as Sexual Assault Awareness Month.

STAFF PRESENTATIONS

6. Homelessness 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 nonagenda items, with the exception of public hearings.

Comments for public hearings will take place after the hearing is opened.

CONSENT CALENDAR
RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 7 through 34.

7. Excused Absences
Department(s): Clerk of the Council Office
Recommended Action: Excuse the absent members.

8. Minutes from the Regular Meeting of March 1, 2022
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RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 7 through 34.

7. Excused Absences
Department(s): Clerk of the Council Office
Recommended Action: Excuse the absent members.

8. Minutes from the Regular Meeting of March 1, 2022
Department(s): Clerk of the Council Office
Recommended Action: Approve minutes.

9. Minutes from the Special Meeting of March 7, 2022
Department(s): Clerk of the Council Office
Recommended Action: Approve minutes.

10. Minutes from the Special Meeting of March 11, 2022
Department(s): Clerk of the Council Office
Recommended Action: Approve minutes.

11. Minutes from the Regular Meeting of March 15, 2022
Department(s): Clerk of the Council Office
Recommended Action: Approve minutes.

12. Adopt Ordinance No. NSXXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REPEALING AND REENACTING IN ITS ENTIRETY ARTICLE VI OF CHAPTER 39 OF THE SANTA ANA MUNICIPAL CODE RELATING TO WATER CONSERVATION
First reading at the March 15, 2022 City Council meeting and approved by a vote of 601 (Councilmember Hernandez absent).

Published in the Orange County Reporter on March 25, 2022.

Department(s): Public Works Agency
Recommended Action: Place ordinance on second reading and adopt.

13. Adopt Ordinance No. NSXXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REPEALING AND REENACTING IN ITS ENTIRETY ARTICLE II OF CHAPTER 16 OF THE SANTA ANA MUNICIPAL CODE RELATING TO SOLID WASTE COLLECTION REGULATIONS
First reading at the March 15, 2022 City Council meeting and approved by a vote of 70.

Published in the Orange County Reporter on March 25, 2022.

Department(s): Public Works Agency
Recommended Action: Place ordinance on second reading and adopt.

Published in the Orange County Reporter on March 25, 2022.

Department(s): Public Works Agency
Recommended Action: Place ordinance on second reading and adopt.

14. Approve an Appropriation Adjustment and Award a Construction Contract to Lightning Fence Company, Inc. in the Amount of $669,348 for the Stormwater Channel Fencing Upgrades Phase II FY 202122 Project with an Estimated Construction Delivery Cost of $849,348 and a total Project Delivery Cost of $950,000 (Project No. 221390) (NonGeneral Fund) (Revive Santa Ana Program)
Department(s): Public Works Agency
Recommended Action: 1. Approve an adjustment to the Revive Santa Ana spending plan in the amount of $200,000 and approve an appropriation adjustment, moving funding from Reserve for Revenue Loss Allocation to the Stormwater Channel Fencing Upgrades Phase II Project. (Requires five affirmative votes)

2. Approve an amendment to the Fiscal Year 202122 Capital Improvement Program to include $950,000 of funding in American Rescue Plan Funds for the Stormwater Channel Fencing Upgrades Phase II Project.

3. Award a construction contract to Lightning Fence Company, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $669,348, for construction of the Stormwater Channel Fencing Upgrades Phase II FY 202122 Project, for the term beginning April 5, 2022 and ending upon project completion, and authorize the City Manager to execute the contract subject to nonsubstantive changes approved by the City Manager and the City Attorney.

4. Approve the Project Cost Analysis for a total estimated project delivery cost of $950,000, which includes $669,348 for the construction contract, $55,000 for contract administration, inspection and testing, $125,000 project contingency for unanticipated or unforeseen work, and $100,652 for Design Engineering.

15. Approve Appropriation Adjustment and Award a Construction Contract to Marina Landscape Inc. in the Amount of $469,000 for the Cabrillo Park Irrigation Renovation Project with an Estimated Project Delivery Cost of $587,000 (Project No. 212727) (NonGeneral Fund)
Department(s): Public Works Agency, Parks, Recreation, and Community Services Recommended Action: 1. Approve an appropriation adjustment recognizing revenue received in Fiscal Year 2122 in the amount of $319,143 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 202122 capital operating expenses. (Requires five affirmative votes)

2. Award a construction contract to Marina Landscape Inc, the lowest responsible bidder, in accordance with the base bid in the amount of $469,000, for construction of the Cabrillo Park Irrigation Renovation, for the term beginning April 5, 2022 and ending upon project completion, and authorize the City Manager to execute the contract subject to nonsubstantive changes approved by the City Manager and the City Attorney.

3. Approve the Project Cost Analysis for a total estimated construction delivery cost of $587,000 which includes $469,000 for the construction contract, $71,000 for contract administration, inspection and testing, and a $47,000 project contingency for City Council 10 4/5/2022
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bidder, in accordance with the base bid in the amount of $469,000, for construction of the Cabrillo Park Irrigation Renovation, for the term beginning April 5, 2022 and ending upon project completion, and authorize the City Manager to execute the contract subject to nonsubstantive changes approved by the City Manager and the City Attorney.

4. Approve an amendment to the Fiscal Year 202122 Capital Improvement Program for $319,143 in construction funds for the Cabrillo Park Irrigation Renovation Project.

16. Approve Appropriation Adjustments, Budget Reallocation, and Award a Construction Contract to SRK Engineering, Inc. in the Amount of $3,024,538 for the Industrial Streets (Phase 1) Water and Sewer Improvements Project, with an Estimated Project Delivery Cost of $4,050,000.00 (Project Nos. 216452 & 216456) (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Approve an appropriation adjustment to recognize and utilize remaining bond proceeds from water bonds up to $110,000 of prioryear fund balance from Water Utility Water Division Capital, Prior Year Carry Forward, and appropriate the same amount to the Acquisition & Construction, Water Bond Capital Projects, Water Capital Project expenditure account. (Requires five affirmative votes)

2. Approve an appropriation adjustment to recognize $840,000 of prioryear 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 appropriation adjustment to recognize $175,000 of prioryear fund balance in the Sanitary Sewer Fund, Capital Recovery Charges, Prior Year Carry Forward revenue account, and appropriate the same amount to the Sanitary Sewer Fund, Capital Recovery Charges, Improvements Other Than Building expenditure account. (Requires five affirmative votes)

4. Approve an appropriation adjustment to recognize and transfer $1,200,000 from the Special Gas Tax Interfund Transfer account to the Select Street Construction Interfund Transfer account and appropriate the same amount into the Select Street Construction Fund, Improvements Other Than Building expenditure account. (Requires five affirmative votes)

5. Award a construction contract to SRK Engineering, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $3,024,538 for construction of the Industrial Streets (Phase 1) Water and Sewer Improvements Project, for the term beginning April 5, 2022, and ending upon project completion, and authorize the City Manager to execute the contract subject to nonsubstantive changes approved by the City Manager and the City Attorney.

6. Approve the Project Cost Analysis for a total estimated construction delivery cost of $4,050,000, which includes $3,024,538 for the construction contract, $453,681 for contract administration, inspection and testing, $150,000 for water engineering, and a $421,781 project contingency for unanticipated or unforeseen work.

7. Approve an amendment to the Fiscal Year 202122 Capital Improvement Program toinclude$2325000inconstructionfundsfortheIndustrialStreets(Phase1)Water City Council 11 4/5/2022
City Manager to execute the contract subject to nonsubstantive changes approved by the City Manager and the City Attorney.

7. Approve an amendment to the Fiscal Year 202122 Capital Improvement Program to include $2,325,000 in construction funds for the Industrial Streets (Phase 1) Water and Sewer Improvements Project.

17. Award a Construction Contract to Diamond Construction & Design in the Amount of $738,611 for Construction of the Residential Street Repair Program FY 202122 Project Richland Street from Flower Street to Van Ness Street, Highland Street from Broadway to Main Street, and Camile Street from Ross Street to Birch, with an Estimated Project Delivery Cost of $1,025,924 (Project No. 227533) (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Approve an amendment to the Fiscal Year 202122 Capital Improvement Program adding the Residential Street Repair Program FY 202122 Project with a budget of $1,025,924 in Community Development Block Grant (CDBG) funding.

2. Award a construction contract to Diamond Construction & Design, the lowest responsible bidder, in accordance with the base bid in the amount of $738,611, for construction of the Residential Street Repair Program FY 202122 Project Richland Street from Flower Street to Van Ness Street, Highland Street from Broadway to Main Street, and Camile Street from Ross Street to Birch, for the term beginning April 5, 2022 and ending upon project completion; and authorize the City Manager to execute the contract subject to nonsubstantive changes approved by the City Manager and the City Attorney.

3. Approve the Project Cost Analysis for a total estimated construction delivery cost of $1,025,924, which includes $738,611 for the construction contract, $110,791 for contract administration, inspection and testing, and a $176,522 project contingency for unanticipated or unforeseen work.

18. Award a Construction Contract to Allinone Construction, Inc. in the Amount of $427,051.62 for the City Hall 3rd Floor Tenant Improvements FY 202122 Project with an Estimated Project Delivery Cost of $576,519.94 (Project No. 221401) (General Fund)
Department(s): Public Works Agency, Finance and Management Services Recommended Action: 1. Award a construction contract to Allinone Construction, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $427,051.62, for construction of the City Hall 3 Floor Tenant Improvements Project, for the term beginning May 2, 2022 and ending upon project completion, and authorize the City Manager to execute the contract subject to nonsubstantive changes approved by the City Manager and the City Attorney.

2. Approve the Project Cost Analysis for a total estimated construction delivery cost of $576,519.94, which includes $427,051.62 for the construction contract, $64,058.00 for contract administration, inspection and testing, and $85,410.32 of project contingency for unanticipated or unforeseen work.
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the term beginning May 2, 2022 and ending upon project completion, and authorize the City Manager to execute the contract subject to nonsubstantive changes approved by the City Manager and the City Attorney.

3. Approve an amendment to the Fiscal Year 202122 Capital Improvement Program to include $576,519.94 in construction funds for City Hall 3 Floor Tenant Improvements Project (Project No. 221401).

19. Amend Agreement with Engineering Solutions Services, Inc. for Grant Writing Services by an Additional $75,000 for the Remainder of the Agreement Term (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute an amendment to the agreement with Engineering Solutions Services, Inc. for grant writing services, to increase the agreement amount by $75,000, for a total annual amount not to exceed $182,500 for the remainder of the term, expiring August 15, 2022, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).

20. Authorize a Purchase Agreement in the Amount of $980,000 for Real Property Acquisition for Fairview Bridge Replacement and Street Improvements (Property Owners: Sergio De Leon and Laura De Leon) (Project No. 156827) (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute a purchase agreement with property owners Sergio De Leon and Laura De Leon, for the property acquisition and goodwill (if any) for the real property located at 25072509 W. 9th Street (APN 40521314) in the amount of $980,000, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022 XXX).

21. Approve an Agreement with Straightline Communications, LLC for Marketing and Graphic Art Services in an Amount Not to Exceed $600,000, for a FiveYear Term (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute an Agreement with Straightline Communications, LLC, to provide asneeded assistance with development of outreach campaigns and collateral materials for performing community outreach and engagement leading to the effective delivery of projects and programs in an amount not to exceed $600,000 for a threeyear term beginning April 5, 2022, and expiring April 4, 2025, with a City option of one twoyear extension, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).

22. Approve First Amendment to Agreement with Invengo America Corporation Doing Business as Fe Technologies to Add Additional Equipment, Maintenance Support, andContingencyFundRelatedtotheLibrary’sRadioFrequencyIdentification(RFID) rd
City Council 13 4/5/2022
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community outreach and engagement leading to the effective delivery of projects and programs in an amount not to exceed $600,000 for a threeyear term beginning April 5, 2022, and expiring April 4, 2025, with a City option of one twoyear extension, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).

22. Approve First Amendment to Agreement with Invengo America Corporation Doing Business as Fe Technologies to Add Additional Equipment, Maintenance Support, and Contingency Fund Related to the Library’s Radio Frequency Identification (RFID) Project (General Fund)
Department(s): Library
Recommended Action: Authorize the City Manager to execute an amendment to the agreement with Invengo America Corporation doing business as FE Technologies to increase the total compensation from $82,284.94 to $101,401.34 to provide two live scanning wands, seven circulation assistant pads, RFID tags, secondyear maintenance support, and a contingency fund, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).

23. Agreement with CM Amusements for Amusement Ride Services at City Events for an Amount Payable to the City of 25 Percent of Gross Revenue Ticket Sales for the Period of April 1, 2022 to March 31, 2025 with Funds to be Deposited in the General Fund
Department(s): Parks, Recreation, and Community Services Recommended Action: Authorize the City Manager to execute an agreement with CM Amusements for amusement ride services at City events for an amount payable to the City of 25 percent of gross revenue ticket sales for the period of April 1, 2022 to March 31, 2025 with funds to be deposited in the General Fund, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).

24. Agreements with Stage Plus, Inc. and GigRosters Professional Entertainment for Entertainment Performer Services at City Events for an Annual Aggregate Amount not to Exceed $100,000 for the Period April 1, 2022 to March 31, 2025, for a Total Aggregate Agreement Amount of $300,000 (General Fund)
Department(s): Parks, Recreation, and Community Services Recommended Action: Authorize the City Manager to execute agreements with Stage Plus, Inc. and GigRosters Professional Entertainment for entertainment performer services at City events for an annual shared aggregate amount not to exceed $100,000 for the period April 1, 2022 to March 31, 2025, for a total shared aggregate agreement amount of $300,000, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).

25. Agreement with Patrol Solutions for Security Services at City Events for an Annual Amount not to Exceed $150,000 for the Period April 1, 2022 to March 31, 2025, for a Total Agreement Amount of $450,000 (General Fund)
Department(s): Parks, Recreation, and Community Services Recommended Action: Authorize the City Manager to execute an agreement with Patrol Solutions, LLC for security services at City events for an annual amount not to exceed $150,000 for the period April 1, 2022 to March 31, 2025, for a total agreement amount of $450,000, subject to nonsubstantive changes approved by the CitMdCitAtt(AtN2022XXX)
City Council 14 4/5/2022
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Amount not to Exceed $150,000 for the Period April 1, 2022 to March 31, 2025, for a Total Agreement Amount of $450,000 (General Fund)
Department(s): Parks, Recreation, and Community Services Recommended Action: Authorize the City Manager to execute an agreement with Patrol Solutions, LLC for security services at City events for an annual amount not to exceed $150,000 for the period April 1, 2022 to March 31, 2025, for a total agreement amount of $450,000, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).

26. Agreement with Stage Plus, Inc. for Stage Rental Service at City Events for an Annual Amount not to Exceed $158,000 for the Period April 1, 2022 to March 31, 2025, for a Total Agreement Amount of $474,000 (General Fund)
Department(s): Parks, Recreation, and Community Services Recommended Action: Authorize the City Manager to execute an agreement with Stage Plus, Inc. for stage rental service at City events for an annual amount not to exceed $158,000 for the period April 1, 2022 to March 31, 2025, for a total agreement amount of $474,000, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).

27. Agreement with California Barricade Rentals, Inc. for Traffic Control Equipment and Services at City Events for an Annual Amount Not to exceed $50,000 for the Period April 1, 2022 to March 31, 2025, for a Total Agreement Amount of $150,000 (General Fund)
Department(s): Parks, Recreation, and Community Services Recommended Action: Authorize the City Manager to execute an Agreement with California Barricade Rentals, Inc. for traffic control equipment and services at City events for an annual amount not to exceed $50,000 for the period of April 1, 2022 to March 31, 2025, for a total agreement amount of $150,000, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022 XXX).

28. Agreement with A1 Party Rental for Event Equipment Rental Services at City Events for an Annual Amount not to exceed $86,000 for the Period April 1, 2022 to March 31, 2025, for a Total Agreement Amount of $258,000 (General Fund) Department(s): Parks, Recreation, and Community Services Recommended Action: Authorize the City Manager to execute an agreement with A1 Party Rental for event equipment rental services at City events for an annual amount not to exceed $86,000 for the period April 1, 2022 to March 31, 2025, for a total agreement amount of $258,000, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).

29. Resolution Approving the City of Santa Ana Partnership Policy; Resolution Approving the City of Santa Ana Sponsorship Policy
Department(s): Parks, Recreation, and Community Services Recommended Action: 1. Resolution No. 2022XXX – Adopt a resolution approving the City of Santa Ana Partnership Policy to establish guidelines and procedures governing how partnerships between the City and external entities transpire in an effort to expand or enhance programs and services the City delivers to Santa Ana residents and visitors.

City Council 15 4/5/2022
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the City of Santa Ana Sponsorship Policy
Department(s): Parks, Recreation, and Community Services Recommended Action: 1. Resolution No. 2022XXX – Adopt a resolution approving the City of Santa Ana Partnership Policy to establish guidelines and procedures governing how partnerships between the City and external entities transpire in an effort to expand or enhance programs and services the City delivers to Santa Ana residents and visitors.

2. Resolution No. 2022XXX – Adopt a resolution approving the City of Santa Ana Sponsorship Policy to provide an effective framework for considering potential sponsorships that will enhance the programs, events, and projects provided by the City to Santa Ana residents and visitors.

30. Approve Amended and Restated Resolution to Update the Required Language from CalPERS Delegating Authority to the City Manager for Disability Retirement Determinations and Applications and Recognizing an Appeal Process Department(s): Human Resources
Recommended Action: Resolution No. 2022XXX – Adopt a resolution for an amendment to and restatement of Resolution No. 92061 delegating authority to the City Manager to perform the necessary actions to effectuate the full Disability and Industrial Disability Retirement process for Miscellaneous and Local Safety Members.

31. 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. 2022XXX – 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.

32. Approve a Fourth Amendment to Illumination Foundation Agreement to Operate a Temporary Shelter at the Fullerton Recuperative Care Center for up to Four Additional Months (NonGeneral Fund)
Department(s): Community Development Agency
Recommended Action: 1. Authorize the City Manager to execute a fourth amendment to the agreement with Illumination Foundation to extend the term to operate a temporary shelter at the Fullerton Recuperative Care Center for up to an additional four months through June 30, 2022, at the rate of not to exceed $1,100,000 based upon costs and documentation, and a total aggregate amount not to exceed $3,278,000, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).

2. Authorize the City Manager to execute a fourth amendment to the ESGCV funding agreement with Illumination Foundation to pay a nottoexceed amount of $1,100,000 based upon costs and documentation, and a total aggregate amount not to exceed $3,278,000, to extend the operation of the shelter at the Fullerton Recuperative Care Center, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).

33. Approve a Second Amendment to Families Forward Agreement to Extend the Operation of a Family Motel Program (NonGeneral Fund)
City Council 16 4/5/2022
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agreement with Illumination Foundation to pay a nottoexceed amount of $1,100,000 based upon costs and documentation, and a total aggregate amount not to exceed $3,278,000, to extend the operation of the shelter at the Fullerton Recuperative Care Center, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).

33. Approve a Second Amendment to Families Forward Agreement to Extend the Operation of a Family Motel Program (NonGeneral Fund)
Department(s): Community Development Agency
Recommended Action: Authorize the City Manager to execute a second amendment to the agreement with Families Forward for the operation of a temporary family motel program, extending the term for one additional month through June 30, 2022 and adding $80,000, for a total aggregate amount not to exceed $178,500 subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).

34. Approve a third amendment to Salvation Army agreement to extend the operation of a temporary shelter at the Hospitality House (NonGeneral Fund) Department(s): Community Development Agency
Recommended Action: Authorize the City Manager to execute:

1. A third amendment to the agreement with Salvation Army for the operation of a temporary shelter at the Hospitality House, extending the term for up to four additional months in the amount of $400,000, for a total aggregate amount not to exceed $1,440,00, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).

2. A third amendment to the ESGCV funding agreement with Salvation Army to use $400,000 to operate the shelter at the Hospitality House, for a total aggregate amount not to exceed $1,440,000, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
**END OF CONSENT CALENDAR**
BUSINESS CALENDAR

35. Amend the Agreement with Graffiti Protective Coatings, Inc. for Graffiti Removal Services, Increasing the Annual Amount for Fiscal Year 202122 by $350,000, and by $700,000 Annually for the Remaining Term of the Agreement (General and NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute an amendment to the agreement with Graffiti Protective Coatings, Inc., for graffiti removal services, increasing the amount for Fiscal Year 202122 by $350,000, for a total amount not to exceed $1,710,000, and increasing the annual amount by $700,000, for a total amount not to exceed $2,060,000 for the remaining term of the agreement ending on October 31, 2023, with five, oneyear renewal options exercisable by the City Manager, for a total agreement amount not to exceed $15,663,333, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX)
City Council 17 4/5/2022
Recommended Action: Authorize the City Manager to execute an amendment to the agreement with Graffiti Protective Coatings, Inc., for graffiti removal services, increasing the amount for Fiscal Year 202122 by $350,000, for a total amount not to exceed $1,710,000, and increasing the annual amount by $700,000, for a total amount not to exceed $2,060,000 for the remaining term of the agreement ending on October 31, 2023, with five, oneyear renewal options exercisable by the City Manager, for a total agreement amount not to exceed $15,663,333, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).

36. Introduce Ordinance for First Reading and Adopt a Resolution of City Council Ward Boundaries Map
Department(s): Clerk of the Council Office
Recommended Action: 1. Accept a report by the City’s demographer to provide the metes and bounds description of each City Council ward.

2. Approve first reading of an ordinance establishing new ward boundary lines of the wards of the City of Santa Ana and repealing Ordinance No. NS2958.

3. Resolution No. 2022XXX – Adopt a resolution establishing new boundary lines of the wards of the City of Santa Ana.

37. Charter Review Ad Hoc Committee Informational Report Department(s): City Manager Office
Recommended Action: Accept informational report and provide direction to staff.

38. Police Oversight Ad Hoc Committee Informational Report Department(s): City Manager Office
Recommended Action: Accept informational report and provide direction to staff. **END OF BUSINESS CALENDAR**
PUBLIC HEARINGS
PUBLIC COMMENTS – Members of the public may address the City Council on each of the Public Hearing items.

39. Public Hearing – Adopt a Resolution Approving the Relocation Plan for Fairview Bridge Replacement and Street Improvements (9th Street to 16th Street) (Project No. 156827) (NonGeneral Fund)
Legal Notice published in the Orange County Reporter on March 25, 2022.

Department(s): Public Works Agency
Recommended Action: Resolution No. 2022XXX – Adopt a resolution approving the Draft Relocation Plan for Fairview Bridge Replacement and Street Improvements (9th Street to 16th Street).

40. Public Hearing – Reintroduction of Zoning Ordinance Amendment No. 202103 for First Adoption Reading 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 City Council 18 4/5/2022
Recommended Action: Resolution No. 2022XXX – Adopt a resolution approving the Draft Relocation Plan for Fairview Bridge Replacement and Street Improvements (9th Street to 16th Street).

40. Public Hearing – Reintroduction of Zoning Ordinance Amendment No. 202103 for First Adoption Reading 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 Legal Notice published in the Orange County Reporter on March 25, 2022.

Department(s): Planning and Building Agency
Recommended Action: Approve the first reading of an ordinance repealing and reenacting in its entirety Article XVIII.I. of Chapter 41 of the Santa Ana Municipal Code Regarding the Housing Opportunity Ordinance.

CITY MANAGER COMMENTS
CLERK OF THE COUNCIL 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.

1. March 1720, 2022 Councilmember Lopez – 2022 Local Government Commission Policymakers Conference, Yosemite National Park, CA
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

3. Billboard Ordinance Update

4. Cannabis Ordinance Update

5. Proposition 218 Solid Waste Rates Public Hearing

6. Parks, Facilities, Trails and Open Space Master Plan 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
City Council 19 4/5/2022
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3. Billboard Ordinance Update

4. Cannabis Ordinance Update

5. Proposition 218 Solid Waste Rates Public Hearing

CONSENT CALENDAR
RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Item 1.

1. Excused Absences
Department(s): Clerk of the Council Office
Recommended Action: Excuse the absent members.
**END OF CONSENT CALENDAR**
BUSINESS CALENDAR

2. Extension of Memorandum of Agreement for InterJurisdictional Mobility with the Orange County Housing Authority, Anaheim Housing Authority, and Garden Grove Housing Authority
Department(s): Community Development Agency
Recommended Action: Authorize the Executive Director of the Housing Authority to execute an extension of the Memorandum of Agreement for InterJurisdictional Mobility with the Orange County Housing Authority, Anaheim Housing Authority, and Garden Grove Housing Authority effective May 1, 2022 through April 30, 2027, subject to nonsubstantive changes approved by the Executive Director and the Housing Authority City Council 20 4/5/2022
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Orange County Housing Authority, Anaheim Housing Authority, and Garden Grove Housing Authority
Department(s): Community Development Agency
Recommended Action: Authorize the Executive Director of the Housing Authority to execute an extension of the Memorandum of Agreement for InterJurisdictional Mobility with the Orange County Housing Authority, Anaheim Housing Authority, and Garden Grove Housing Authority effective May 1, 2022 through April 30, 2027, subject to nonsubstantive changes approved by the Executive Director and the Housing Authority General Counsel.
**END OF BUSINESS CALENDAR**
PUBLIC HEARINGS
PUBLIC COMMENTS – Members of the public may address the City Council on each of the Public Hearing items.

3. Public Hearing Approve the Housing Authority Annual Plan Legal Notice was published in the Orange County Register and La Opinion on February 23, 2022 and in Nguoi Viet on February 24, 2022.

Department(s): Community Development Agency
Recommended Action: 1. Conduct a public hearing in consideration of the approval and submission of the Housing Authority Annual Plan to the United States Department of Housing and Urban Development.

2. Resolution No. 2022XXX – Adopt a resolution approving the Housing Authority Annual Plan and authorize the Executive Director of the Housing Authority to submit the Annual Plan to the United States Department of Housing and Urban Development.

HOUSING AUTHORITY MEMBER COMMENTS
ADJOURNMENT – Adjourn the Housing Authority meeting.

City Council 21 4/5/2022
DRAFT Minutes of the Regular Meeting of the City
Council
City of Santa Ana, California
March 01, 2022
CLOSED SESSION MEETING – CANCELED
REGULAR OPEN MEETING – 5:45 pm
CITY COUNCIL CHAMBER
22 Civic Center Plaza Santa Ana, CA 92701
CITY COUNCIL REGULAR OPEN SESSION
CALL TO ORDER
MINUTES: Mayor Sarmiento called the Closed Session meeting to order at 5:57 p.m.

ROLL CALL
MINUTES: Clerk of the Council Daisy Gomez conducted roll call. All councilmembers were present.

PLEDGE OF ALLEGIANCE Mayor Sarmiento
MINUTES: Mayor Sarmiento asked for moment of silence for all those who are suffering in Ukraine following the insurgence by Russian troops and for all the lives that have been lost. Also noted that the City’s water tower is lit up in blue and yellow showing the city stands in solidarity with Ukraine.

Councilmember Penaloza led the pledge of allegiance.

WORDS OF INSPIRATION Dr. Bernice B. Rumala – CoFounder, Health Equity, Diversity, Inclusion, AntiRacism Taskforce (HEART) for Orange County CEREMONIAL PRESENTATIONS

1. Proclamation presented by Mayor Sarmiento to Ron Ono in Recognition of 52 years of Service and Outstanding Contributions to the Community.

2. Proclamation presented by Mayor Pro Tem Bacerra and Councilmember Mendoza to Orange County Soccer Club in Recognition of their Outstanding Contributions to Athletics.

STAFFPRESENTATIONS
City Council 1 3/1/2022
DRAFT
City Council 8 – 1 4/5/2022
CEREMONIAL PRESENTATIONS

1. Proclamation presented by Mayor Sarmiento to Ron Ono in Recognition of 52 years of Service and Outstanding Contributions to the Community.

2. Proclamation presented by Mayor Pro Tem Bacerra and Councilmember Mendoza to Orange County Soccer Club in Recognition of their Outstanding Contributions to Athletics.

STAFF PRESENTATIONS

3. Homeless Update
MINUTES: City Manager Kristine Ridge provided a brief presentation.

Council discussion ensued and provided input to city staff.

4. Update from the Orange County Housing Finance Trust
MINUTES: Manager of the Orange County Housing Finance Trust Adam Eliason provided a brief presentation.

Council discussion ensued and provided input to Manager Adam Eliason.

Item 6 and item 7 taken out of order prior to Public Comment; and oath of office administered to Amina SenMatthews and Jannelle Welker.

PUBLIC COMMENT – Public comments will be held during the beginning of the meeting for ALL comments on agenda and nonagenda items.

MINUTES: Water Services Quality Inspector Nadiya Balukh spoke on the situation that is happening in her home country of Ukraine. Also provided information on how to support Ukraine’s efforts.

Mary E. Oberschlake spoke in support of item 21 and requested additional support to the businesses in the downtown area.

Delilah Snell spoke on item 21 and expressed concern with public safety in the downtown area.

Alexa Wohrman with the American Heart Association spoke on item 27 and urged council to pass option 1A.

Senior Community Impact Director at American Heart Association Marklom Valdovinos spoke on item 27 and urged council to pass option 1A.

Alham Banyamin spoke in opposition of item 27.

Thomas Moua with Partners4Wellness spoke on item 27 and asked council to protect Lesbian, Gay, Bisexual,Transgender and Queer (LGBTQ) youth.

Julie Wong spoke in opposition of item 27.

Tim Gibbs with Campaign for Tobacco Free Kids spoke on item 27 and urged council to pass option 1A.

Guadalupe Olmos urged council to oppose item 27.

Valentin Martinez spoke on item 21. Requested additional assistance for downtown businesses.

Cecy Rivera with America On Track spoke on item 27 and asked council to vote for option 1A.

Lenyss Bahena spoke on item 27 and urged council to vote for option 1A.

Cecilia Mora with America On Track spoke on item 27 and urged council to vote for option 1A.

City Council 2 3/1/2022
DRAFT
City Council 8 – 2 4/5/2022
Guadalupe Olmos urged council to oppose item 27.

Valentin Martinez spoke on item 21. Requested additional assistance for downtown businesses.

Cecy Rivera with America On Track spoke on item 27 and asked council to vote for option 1A.

Lenyss Bahena spoke on item 27 and urged council to vote for option 1A.

Cecilia Mora with America On Track spoke on item 27 and urged council to vote for option 1A.

Daniella Hernandez with America On Track spoke on item 27 and urged council to adopt option 1A.

Hugo Cota with America On Track spoke on item 27 and urged council to adopt option 1A.

Jennifer Grajeda with America On Track spoke on item 27 and urged council to vote on option 1A.

Ryan Crowds spoke on item 27 and urged council to adopt option 1A.

Maribel Gomez spoke in support of item 21 and asked council for additional assistance for all businesses struggling in the downtown.

Maricela Prado spoke in support of item 21 and asked council for additional assistance for all businesses struggling in the downtown.

Jesse Gomez spoke in support of item 21 and asked council for additional assistance for all businesses struggling in the downtown.

Logan Crow founder and executive director of Frida Cinema spoke in support of item 21 and requested that Orange County Transportation Authority (OCTA) match funds. Asked council to leverage relationships with OCTA and demand they take responsibility and immediately participate in the fiscal relief effort.

Bill Trette spoke in support of the downtown businesses and expressed concern with public safety in the downtown area.

Claire Braeburn executive director and cofounder of America On Track spoke in support of item 27, option 1A. Provided for the record 812 signed petitions.

Jennifer Noria with America On Track spoke on item 27 and urged council to vote on option 1A.

Juliet Castro spoke on item 21 and asked council for additional assistance for all businesses struggling in the downtown.

Salvador spoke on item 21. Expressed the need for economic relief, signage, and security.

Rocio Guzman with America On Track spoke in support of item 21 and asked council to vote for option 1A.

Catalina Iniestra with America On Track spoke in support of item 21 and asked council to vote for option 1A.

Jasmin Torres spoke in support of item 21 and asked council to vote for option 1A.

Eder Lopez with America On Track spoke in support of item 21 and asked council to vote for option 1A.

Anna Nalle spoke in support of item 21 and asked council for additional assistance for all businesses struggling in the downtown.

Maggie Acuna with American Cancer Society Cancer Action Network (ACS CAN) spoke in support of item 21 and asked council to vote for option 1A.

City Council 3 3/1/2022
DRAFT
City Council 8 – 3 4/5/2022
Jasmin Torres spoke in support of item 21 and asked council to vote for option 1A.

Eder Lopez with America On Track spoke in support of item 21 and asked council to vote for option 1A.

Anna Nalle spoke in support of item 21 and asked council for additional assistance for all businesses struggling in the downtown.

Maggie Acuna with American Cancer Society Cancer Action Network (ACS CAN) spoke in support of item 21 and asked council to vote for option 1A.

Juan Romo spoke on item 21 and asked council for additional assistance for all businesses struggling in the downtown.

Ana Laura Padilla spoke on item 21 and expressed concern with public safety in the downtown area.

Ximena Silva spoke on item 21 and expressed concern with public safety in the downtown area.

Minerva Alvarez spoke on item 21 and asked council for additional assistance for all businesses struggling in the downtown.

Maria Perez spoke on item 21 and asked council for an economic assistance for all businesses struggling in the downtown.

Lucie Jadow with the LGBTQ Center of Orange County spoke in support of item 27.

Guadalupe Barragan spoke on item 21 and asked council for assistance for all businesses struggling in the downtown.

Erkia Robles with United Across Borders spoke in support of item 17.

Juan Plascencia with LGBTQ spoke in support of item 27.

Maria Del Sol spoke on item 21 and asked council for financial assistance for all businesses struggling in the downtown.

Moises Vazquez spoke on item 27 and urged council to adopt option 1A.

Riely Williams spoke in support of item 27.

Victor Mendez spoke on rent assistance program and in support of item 21.

Ana Marson with LGBTQ Center OC spoke in support of item 27.

Bryan Leon spoke on item 21 and expressed concern with public safety in the downtown area.

Alfonso Calderon spoke on item 21 and asked council for additional assistance for all businesses struggling in the downtown.

Clerk of the Council, Daisy Gomez, reported out on correspondence received.

Dale Helvig expressed his well wishes to Ron Ono. Spoke in support of item 20, commented on redistricting and wished Urkranian people all the best.

Nathaniel Greensides spoke on trash receptacles, expressed support for items 12, 13 and

20. Expressed concern for items 18, 20 and 26. Provided comment on item 27.

Lynda Barbour with American Cancer Society spoke on item 27 and urged council to adopt option 1A.

Lindsey Freitas with Campaign for Tobacco Free Kids spoke on item 27 and urged council to adopt City Council 4 3/1/2022
DRAFT
City Council 8 – 4 4/5/2022
Dale Helvig expressed his well wishes to Ron Ono. Spoke in support of item 20, commented on redistricting and wished Urkranian people all the best.

Nathaniel Greensides spoke on trash receptacles, expressed support for items 12, 13 and

20. Expressed concern for items 18, 20 and 26. Provided comment on item 27.

Lynda Barbour with American Cancer Society spoke on item 27 and urged council to adopt option 1A.

Lindsey Freitas with Campaign for Tobacco Free Kids spoke on item 27 and urged council to adopt option 1A.

Oscar Gonzalez spoke on item 21 and asked council for additional assistance for all businesses struggling in the downtown.

Alix Winston with Parents Against Vaping ecigarettes spoke on item 27 and urged council to adopt option 1A.

Mehra M. spoke on item 27 and urged council to adopt option 1A.

Rima S. Khoury founding member of the National Hookah Community Association spoke in support of item 27, 2B.

Niamh spoke on item 27 and asked council to save hookah.

Nicole Turkson with African American Tobacco Control Leadership Council spoke on item 27 and urged council to adopt option 1A.

Fred Baskharoon spoke in opposition of item 27.

Claudia Martinez spoke in support of item 27, option 4.

Darrin spoke on item 27 and tobacco regulation.

George Jonson member of the National Hookah Community Association spoke on item 27 and expressed support for responsible retailers.

Omeed spoke on item 27 and the unintended consequences resulting from a ban.

Item 27 was taken out of order and considered after public comments were heard.

CONSENT CALENDAR
RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 5 through 22.

5. Excused Absences
Department(s): Clerk of the Council Office
Recommended Action: Excuse the absent members.

6. Appoint Amina SenMatthews nominated by Councilmember Phan as the Ward 1 representative to the Parks, Recreation and Community Services Commission for a partialterm expiring December 10, 2024
Department(s): Clerk of the Council Office
Recommended Action: Appoint Amina SenMatthews to the Parks, Recreation and Community Services Commission representing Ward 1 and administer Oath of Office.

City Council 5 3/1/2022
DRAFT
City Council 8 – 5 4/5/2022
Recommended Action: Excuse the absent members.

Moved by Councilmember Penaloza, seconded by Councilmember Mendoza to Appoint.

YES: 7 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
MINUTES: Item 6 and item 7 taken out of order prior to Public Comment; and oath of office administered to Amina SenMatthews and Jannelle Welker.

7. Appoint Jannelle Welker nominated by Councilmember Phan as the Ward 1 representative to the Environmental and Transportation Advisory Commission for a partialterm expiring December 10, 2024
Department(s): Clerk of the Council Office
Recommended Action: Appoint Jannelle Welker to the Environmental and Transportation Advisory Commission representing Ward 1 and administer Oath of Office.

Moved by Councilmember Penaloza, seconded by Councilmember Mendoza to Appoint.

8. Receive and File Boards and Commissions Biannual Attendance Report for July through December 2021
Department(s): Clerk of the Council Office
Recommended Action: Receive and file Boards and Commissions Biannual Attendance Report.

9. Approve Destruction of Obsolete City Records
Department(s): Finance and Management Services
Recommended Action: Approve the request for the destruction of obsolete records from the Finance & Management Services in accordance with the retention schedule outlined in City Council Resolution 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 421 Department(s): Finance and Management Services
RecommendedAction:ReceiveandfileQuarterlyReportofContractsenteredintobetween City Council 6 3/1/2022
DRAFT
City Council 8 – 6 4/5/2022
Recommended Action: Approve the request for the destruction of obsolete records from the Finance & Management Services in accordance with the retention schedule outlined in City Council Resolution 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 421 Department(s): Finance and Management Services
Recommended Action: Receive and file Quarterly Report of Contracts entered into between October 1, 2021 to December 31, 2021, valued at up to $50,000 for nonpublic works contracts and agreements and up to $250,000 for public works contracts and agreements.

11. Award a Purchase Order Contract for the Purchase of 411 Combination WasteRecycle Receptacles 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 Services Recommended Action: Authorize a onetime purchase and payment of purchase order contract for 411 combination wasterecycle receptacles for various City parks to Outdoor Creations, Inc. in the amount of $898,035, subject to nonsubstantive changes approved by the City Manager and City Attorney.

12. Award a Construction Contract to Elecnor Belco Electric, Inc. in the Amount of $307,613 for the Main Street at Walnut Street New Traffic Signal Installation Project and Crosswalk Upgrade Projects at Occidental Street, Saint Gertrude Place, Saint Andrew Place, Anahurst Place and Rousselle Street, with an Estimated Project Delivery Cost of $385,000 and Amend the Fiscal Year 202122 Capital Improvement Program (Project No. 227534) (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: 1. Award a Construction Contract to Elecnor Belco Electric, Inc., the lowest responsible bidder, in accordance with the Base Bid in the amount of $307,613, for construction of the Main Street at Walnut Street New Traffic Signal Installation and Crosswalk Upgrades 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, inspection and testing, and a $31,308 project contingency for unanticipated or unforeseen work to be funded from Community Development Block Grant (CDBG) funds.

3. Approve an amendment to the Fiscal Year 202122 Capital Improvement Program to include $300,000 and an additional $85,000 in construction funds for the Main Street at Walnut Street New Traffic Signal Installation and Crosswalk Upgrades Project for a total of $385,000 to be funded from CDBG funds.

13. Approve Appropriation Adjustments, Reallocation of Funds, and Award a Construction Contract to Elecnor Belco Electric, Inc., in the Amount of $413,942 for the Main Street at 15th Street Traffic Signal Installation Project with an Estimated Project Delivery Cost of $523,636 (Project No. 18 6918) (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Approve an appropriation adjustment recognizing $335,793 in Fiscal Year 201718 Highway Safety Improvement Program grant funds into the Federal Aid Safety Program, Federal GrantIndirect revenue account, and appropriate the same amount into the Public Services Street Safety Projects, Improvements Other Than Building expenditure account. (Requires five affirmative votes)

2. Approve an appropriation adjustment recognizing $104,347 in Fiscal Year 202122 Highway Safety Improvement Program grant funds into the Federal Aid Safety Program, Federal GrantIndirect revenue account, and appropriate the same amount into the Public Services Street Safety Projects, Improvements Other Than Building expenditure account. (Requires five affirmative votes) 3Aitidjttttf$33549fthSilGTItfd
City Council 7 3/1/2022
DRAFT
City Council 8 – 7 4/5/2022
Year 201718 Highway Safety Improvement Program grant funds into the Federal Aid Safety Program, Federal GrantIndirect revenue account, and appropriate the same amount into the Public Services Street Safety Projects, Improvements Other Than Building expenditure account. (Requires five affirmative votes)

3. Approve an appropriation adjustment to transfer $33,549 from the Special Gas Tax Interfund Transfer account to the Select Street Construction Interfund Transfer account and appropriate the same amount into the Select Street Construction Fund, Improvements Other Than Building expenditure account. (Requires five affirmative votes)

4. Authorize the reallocation of $53,435 in unspent Measure M2 Local Fairshare funds from Citywide Speed Limit Study Project and $30,061 from Bike Lane Project Development, for a total of $83,496 to the Main Street at 15th Street New Traffic Signal Installation Project to complete the project’s funding requirement.

5. Award a construction contract to Elecnor Belco Electric, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $413,942, for construction of the Main Street at 15th Street Traffic Signal Installation 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.

6. Approve the Project Cost Analysis for a total estimated construction delivery cost of $523,636, which includes $413,942 for the construction contract; $68,300 for contract administration, inspection and testing; and a $41,394 project contingency for unanticipated or unforeseen work to be funded from Highway Safety Improvement Program grant funds.

14. Approve a Threeyear Agreement with California Forensic Phlebotomy in the Amount of $163,767 for Blood Technician Services (General Fund)
Department(s): Police Department
Recommended Action: Authorize the City Manager to execute a threeyear agreement with California Forensic Phlebotomy, Inc., for the period of March 5, 2022 through March 4, 2025, to perform blood technician services, in an annual amount not to exceed $49,589, for a total amount not to exceed $163,767 (including a $15,000 contingency), subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).

MINUTES: This consent Item Agreement No. 2022030 was approved.

15. Agreement Amendment with MIG to Amend the Scope of Work and Increase the Compensation for a Parks, Facilities, Trails, and Open Space Master Plan (General Fund) Department(s): Parks, Recreation, and Community Services Recommended Action: Authorize the City Manager to execute an amendment to the agreement with MIG to amend the scope of work to prepare a Parks, Facilities, Trails, and Open Space Master Plan and increase the compensation by $44,970 for a total amount not to exceed $205,570, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022 XXX).

MINUTES: Councilmember Phan abstained from item 15.

This consent Item Agreement No. 2022031 was approved.

16. Approve a First Amendment to Agreement with Pitney Bowes Presort Services, LLC for mail processing services for an amount not to exceed $40,000 and exercise an optional renewal extension from April 1, 2022 through February 1, 2024 (NonGeneral Fund) Department(s): Finance and Management Services
Recommended Action: Authorize the City Manager to execute a First Amendment to Agreement withPitneyBowesPresortServicesLLCformailprocessingservicesandexercisearenewal City Council 8 3/1/2022
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MINUTES: Councilmember Phan abstained from item 15.

This consent Item Agreement No. 2022031 was approved.

16. Approve a First Amendment to Agreement with Pitney Bowes Presort Services, LLC for mail processing services for an amount not to exceed $40,000 and exercise an optional renewal extension from April 1, 2022 through February 1, 2024 (NonGeneral Fund) Department(s): Finance and Management Services
Recommended Action: Authorize the City Manager to execute a First Amendment to Agreement with Pitney Bowes Presort Services, LLC for mail processing services and exercise a renewal option for a term commencing April 1, 2022 through January 31, 2024 for a total amount not to exceed $40,000, subject to nonsubstantive changes and approved by the City Manager and City Attorney (Agreement No. 2022XXX).

MINUTES: This consent Item Agreement No. 2022032 was approved.

17. Approve Agreements with Delhi Center, Elks Building Association of Santa Ana, United Across Borders Foundation, Latino Health Access, and OneOC for Food Distribution/Supply Programs for a OneYear Term in an Aggregate Amount Not to Exceed $900,000 (Revive Santa Ana Program) Department(s): City Manager Office
Recommended Action: Authorize the City Manager to execute agreements with Delhi Center, Elks Building Association of Santa Ana, United Across Borders Foundation, Latino Health Access, and OneOC to operate food distribution and food supply programs for a oneyear term beginning March 1, 2022 and expiring February 28, 2023, in a total shared aggregate amount not to exceed $900,000, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).

MINUTES: Councilmember Phan abstained from item 17.

This consent Item Core Agreement No. 2022033 was approved.

18. Resolution in Support of Assembly Bill 485 Requiring All Law Enforcement Agencies to Report Hate Crime Data on Their Own Website
Department(s): City Manager Office
Recommended Action: Resolution No. 2022XXX – Adopt a resolution in support of Assembly Bill 485 requiring all law enforcement agencies to report hate crime data on their own website.

MINUTES: This consent Item Resolution No. 2022016 was approved.

19. Resolution Authorizing Execution of Notification of Intent to Comply with California Senate Bill 1383 Organic Waste Recycling Regulations
Department(s): Public Works Agency
Recommended Action: Resolution No. 2022XXX – Adopt a resolution authorizing the City of Santa Ana to submit to CalRecycle a Notification of Intent to Comply with California Senate Bill 1383 Organic Waste Recycling Regulations.

MINUTES: This consent Item Resolution No. 2022017 was approved.

20. Memorandum of Understanding between City of Santa Ana and Discovery Cube to Pursue Grant Applications and Study the Feasibility of a Future Outdoor Science Park on Adjacent CityOwned Property (NonGeneral Fund)
Department(s): Community Development Agency
Recommended Action: Authorize the City Manager to execute a Memorandum of Understanding with Discovery Cube for a period of March 1, 2022 to March 1, 2024, to pursue grant applications and study the feasibility of a future Outdoor Science Park on adjacent Cityowned property, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022 XXX).

MINUTES: This consent Item Agreement No. 2022034 was approved.

21. Approve the Santa Ana Business Interruption Fund program to provide financial relief to businesses impacted by the OC Streetcar Construction in the Amount of $1,500,000 (General Fund) Department(s): Community Development Agency
Recommended Action: Approve the Santa Ana Business Interruption Fund program in the amount of $1,500,000 to provide financial relief to businesses impacted by the OC Streetcar construction.

MINUTES: Council discussion ensued and direction provided to staff.

Mayor Pro Tem Bacerra requested to have OCTA return with deliverables.

Councilmember Lopez requested OCTA representatives return and provide updates at council meetings.

Economic Development Manager Marc Morley addressed council regarding outreach.

Councilmember Penaloza requested staff to address maintenance of downtown parking structures.

Councilmember Phan moved to approve recommended action with clarification to include street vendors and sidewalk vendors; and to bring it back for further appropriation depending on the budget. Seconded by Mayor Pro Tem Bacerra.

Substitute motion introduced and passed.

Moved by Councilmember Phan, seconded by Mayor Pro Tem Bacerra to Approve recommended action with clarification to include street vendors and sidewalk vendors; and to bring it back for further appropriation depending on the budget.

YES: 0 –
NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 0 – 0 – 0 – 0 –
Moved by Councilmember Hernandez, seconded by Councilmember Mendoza to Approve an amended substitute motion to approve $1,500,000 tonight, have staff identify an additional $1,500,000 to be placed as appropriation request at the April 5, 2022 City Council meeting and include eligibility for street and sidewalk vendors.

YES:5HernandezMendozaPenalozaBacerraSarmiento
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NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 0 – 0 – 0 – 0 –
Moved by Councilmember Hernandez, seconded by Councilmember Mendoza to Approve an amended substitute motion to approve $1,500,000 tonight, have staff identify an additional $1,500,000 to be placed as appropriation request at the April 5, 2022 City Council meeting and include eligibility for street and sidewalk vendors.

YES: 5 – Hernandez, Mendoza, Penaloza, Bacerra, Sarmiento NO: 2 – Lopez, – Phan
ABSTAIN: 0
ABSENT: 0
Status: 5 – 2 – 0 – 0 – Pass

22. Approve Agreement with Townsend Public Affairs for State Legislative Advocacy Services (General and NonGeneral Fund)
Department(s): City Manager Office
Recommended Action: Authorize the City Manager to execute an agreement with Townsend Public Affairs for State legislative advocacy services for a threeyear term, from March 1, 2022 through February 28, 2025, with an option to extend the term for an additional oneyear period, for a fouryear nottoexceed amount of $252,000, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).

MINUTES: This consent Item Agreement No. 2022035 was approved.

Moved by Councilmember Penaloza, seconded by Mayor Pro Tem Bacerra to Approve Consent Calendar items 723 with the exception of 6, 7 and 21. Items 6 and 7 were considered earlier and passed. Councilmember Phan abstained from items 15 and 17 due to a conflict of interest regarding her employer.

YES: 7 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
**END OF CONSENT CALENDAR**
BUSINESS CALENDAR

23. Discuss and Provide Input Regarding the Structure of the School Collaboration City Council Subcommittee
Department(s): Parks, Recreation, and Community Services Recommended Action: Discuss and provide input regarding the structure of the School Collaboration City Council Subcommittee that will add an element for joint meetings with Santa Ana Unified School District Governing Board.

MINUTES: Council discussion ensued and direction provided to city staff.

24. Ordinance Amending City Manager’s Contracting Authority for NonPublic Works and Public Works Contracts Under Chapter 2, Article VII and Public Works Construction Rules and Regulations Under Chapter 33, Article VIII of the Santa Ana Municipal Code Department(s): Finance and Management Services
Recommended Action: Approve first reading of an ordinance amending City Manager’s contracting authority for nonpublic works and public works contracts under Chapter 2, Article VII, Sections 2748, 2800 to 2808 and public works construction rules and regulations under Chapter 33, Article VIII, Sections 33200 to 33203 of the Santa Ana Municipal Code as follows:
i) Amending Section 2748 of Chapter 2, Article VII concerning the City Manager’s contract authority:
(1) nonpublic works contracts to increase from $50,000 to $250,000; (2) emergency public works construction to increase from $100,000 to $750,000; (3) nonpublic works and public works contracts change orders authority increase from 10 percent or $25,000, whichever is greater, to 15 percent or $50,000, whichever is greater; and (4) add language codifying contract limits will be applied on a fiscal year basis by departments. ii) Amending Section 2800 to 2808 of Chapter 2, Articles VII.II concerning the Purchasing Rules and Regulations:
(1) clarifying language administrative in nature;
(2) extending local vendor preference to increase from procurement involving $5,000 and one $100,000 to procurement involving $10,000 and $100,000; (3) for reporting requirements to increase from $500 to $1,000; (4) for administrative contracts to increase from $5,000 to ten $10,000; (5) for informal contracts to increase from $5,000 and $25,000 to $10,000 and $50,000); (6) for formal contracts to increase from $25,000 to $50,000; (7) add language to coincide with current practices for awarding services contracts; and (8) for nonbid purchases add Cityowned software upgrades, maintenance, or additional licenses. iii) Amending Sections 33200 to 33203 of Chapter 33, Article VIII concerning the Public Works Construction Rules and Regulations:
(1) housekeeping language administrative in nature; and (2) for nonemergency public works construction incorporate informal procurement process:
a) administrative contracts up to $50,000
b) informal construction bid for contracts between $50,000 and $250,000 c) formal for bid for contracts in excess of $250,000
MINUTES: Executive Director of Finance and Management Services Agency Kathryn Downs provided a brief presentation.

Council discussion ensued and direction provided to staff to bring back item.

Moved by Councilmember Penaloza, seconded by Mayor Pro Tem Bacerra to Approve.

YES: 3 – Penaloza, Phan, Bacerra
NO: 4 – Hernandez, – Lopez, – Mendoza, – Sarmiento
ABSTAIN: 0
ABSENT: 0
Status: 3 – 4 – 0 – 0 – Fail

25. Fiscal Year 20212022 MidYear Budget Update
Department(s): Finance and Management Services
Recommended Action: 1. Receive and file the Fiscal Year 202122 MidYear Budget Update, includingrevisedrevenueestimates(Exhibit1).

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NO: 4 – Hernandez, – Lopez, – Mendoza, – Sarmiento
ABSTAIN: 0
ABSENT: 0
Status: 3 – 4 – 0 – 0 – Fail

2. Approve recommended MidYear Appropriation Adjustments described below and in Exhibit 2. (Requires five affirmative votes)

3. Approve recommended Appropriation Adjustments described in Exhibit 3 to reallocate Pension Debt and Unfunded Liability expenditures for Fiscal Year 20212022 to align with results of the pension debt refinancing. There is no net fiscal impact to the overall budget, but there are adjustments between departments and funds. (Requires five affirmative votes)

4. Resolution No. 2022XXX – Adopt a resolution amending the current Fiscal Year 20212022 Annual Budget to add 14 fulltime positions in the Public Works Agency, Clerk of the Council, City Attorney’s Office, Parks, Recreation & Community Service Agency, and Library, and to delete 6 fulltime positions in the Parks, Recreation & Community Services Agency and Library. There is no net fiscal impact to the overall budget (Exhibit 4).

5. Resolution No. 2022XXX – Adopt a resolution adding classification titles to the Classification and Compensation Plan (Exhibit 5).

MINUTES: Executive Director of Finance and Management Services Agency Kathryn Downs provided a brief presentation.

Councilmember Lopez requested staff provide a list of the positions that are part of the hiring freeze.

Councilmember Mendoza inquired about a partnership with the Rancho Santiago Community College District regarding Centennial Park.

This Business Item Resolution Nos. 2022018 and 2022019 were approved.

Moved by Councilmember Phan, seconded by Councilmember Penaloza to Approve.

YES: 7 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass

26. Ordinance Concerning City Council Voting, Recusal for Conflicts, and Prohibiting Abstentions Department(s): City Manager Office
Recommended Action: Consider one of the following options:

1. Approve the first reading of an ordinance concerning City Council voting, recusal for conflicts, and prohibiting abstentions.

2. Provide direction to staff.

MINUTES: Management Assistant Daniel Soto provided a brief presentation.

Council discussion ensued and provided input to amend ordinance language.

After consideration of item 26, City Manager and Council comments were considered.

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prohibiting abstentions.

2. Provide direction to staff.

MINUTES: Management Assistant Daniel Soto provided a brief presentation.

Council discussion ensued and provided input to amend ordinance language.

After consideration of item 26, City Manager and Council comments were considered.

Moved by Councilmember Lopez, seconded by Councilmember Mendoza to Approve with amendments in Section 2105, subsection b to read as follows:
2) The councilmember is awaiting advice from the Fair Political Practices Commission or the results of a pending investigation by the Fair Political Practices Commission; or 3) The councilmember states from the dais the possibility of a conflict arising from a source identified at the meeting, and, based on advise from the City Attorney, recuses themselves out of an abundance of caution.

YES: 7 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass

27. Ordinance Options Prohibiting the Sale of Flavored Tobacco Products Department(s): City Manager Office
Recommended Action: Consider one of the following options:

Option 1
A. Ordinance No. NSXXXX – Adopt an urgency ordinance prohibiting the sale of flavored tobacco products, including hookah. (Requires five affirmative votes) B. Ordinance No. NSXXXX – Adopt an urgency ordinance prohibiting the sale of flavored tobacco products, excluding hookah. (Requires five affirmative votes) Option 2
A. Approve the first reading of an ordinance prohibiting the sale of flavored tobacco products, including hookah.

B. Approve the first reading of an ordinance prohibiting the sale of flavored tobacco products, excluding hookah.

Option 3
Consider whether to direct staff to prepare an ordinance regarding enforcement and/or security measures for tobacco retailers; or
Option 4
Take no action at this time and wait to see whether senate bill 793 goes into effect following a statewide referendum vote in November 2022.

MINUTES: Item 27 taken out of order and considered after the public comments were heard.

City Manager Kristine Ridge provided a brief presentation.

Council discussion ensued and input provided to city staff.

Councilmember Mendoza moved to adopt option 1A and use the definition provided by the American Lung Association. Seconded by Mayor Pro Tem Bacerra.

Substitute motioned introduced and passed.

After deliberation on item 27, council considered the consent calendar items.

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Council discussion ensued and input provided to city staff.

Councilmember Mendoza moved to adopt option 1A and use the definition provided by the American Lung Association. Seconded by Mayor Pro Tem Bacerra.

Substitute motioned introduced and passed.

After deliberation on item 27, council considered the consent calendar items.

Moved by Councilmember Phan, seconded by Councilmember Hernandez to approve substitute motion to approve option 2A with the definition provided by state law under Senate Bill 793.

YES: 7 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
**END OF BUSINESS CALENDAR**
CITY MANAGER COMMENTS
MINUTES: City Manager Kristine Ridge provided comments regarding the upcoming Boca de Oro event on Saturday, March 5, 2022 at 12:00 p.m. Announced that the Public Works is kicking off another neighborhood “Block Transformation“ contest and information is available on the city’s website.

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.

MINUTES: Councilmember Hernandez thanked everyone who provided comments and wished all a good week.

Councilmember Lopez congratulated Ron Ono on his retirement and acknowledged today as the first day of Women’s History Month. Also encouraged all those who are able to please donate blood, as the American Red Cross has all time low donation numbers.

Councilmember Mendoza provided comments regarding Women’s History Month and women’s contributions to the foundation of America.

Councilmember Penaloza thanked his fellow female colleagues for all their hard work, wished all a happy lent and reminded all of the upcoming daylight saving time change.

Councilmember Phan spoke on Women’s History Month, an event she attended hosted by residents in celebration of the passing of rent control ordinance and wished all a wonderful March.

Mayor Pro Tem Bacerra spoke on Women’s History Month and noted that his three colleagues have done a magnificent job in leading. Announced his monthly community office hours to be held on Saturday March 5 at Thornton Park. Wished all a happy Lenten season.

City Attorney Sonia Carvalho announced partnership with Association of California Water agencies who have created Arthur L. Littleworth Best Best & Krieger Diversity Scholarship.

Mayor Sarmiento noted that all City Council appointed employees are women and thanked them for all their hard work. Thanked his female council colleagues for their voices. Thanked Executive Director th
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Mayor Pro Tem Bacerra spoke on Women’s History Month and noted that his three colleagues have done a magnificent job in leading. Announced his monthly community office hours to be held on Saturday March 5 at Thornton Park. Wished all a happy Lenten season.

City Attorney Sonia Carvalho announced partnership with Association of California Water agencies who have created Arthur L. Littleworth Best Best & Krieger Diversity Scholarship.

Mayor Sarmiento noted that all City Council appointed employees are women and thanked them for all their hard work. Thanked his female council colleagues for their voices. Thanked Executive Director Nabil Saba for bringing in employee Nadiya Balukh to talk about what is happening in Ukraine. Wants to ensure the website and links are sent out.

ADJOURNMENT – Adjourn the City Council meeting.

MINUTES: Mayor Sarmiento adjourned the City Council meeting on Wednesday, March 2, 2022 at 12:04 a.m.
th
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DRAFT Minutes of the Special Meeting
of the City Council
City of Santa Ana, California
March 07, 2022
CITY COUNCIL CHAMBER
22 Civic Center Plaza Santa Ana, CA 92701
SPECIAL OPEN MEETING
CALL TO ORDER
ATTENDANCE Council Members Johnathan Ryan Hernandez
Jessie Lopez
Nelida Mendoza
David Penaloza
Thai Viet Phan
Mayor Pro Tem Phil Bacerra
Mayor Vicente Sarmiento
City Manager Kristine Ridge
City Attorney Sonia R. Carvalho
Clerk of the Council Daisy Gomez
MINUTES: Mayor Sarmiento called the Special Open meeting to order at 5:36 p.m.

ROLL CALL
MINUTES: Clerk of the Council Daisy Gomez conducted roll call. All councilmembers were present.

PLEDGE OF ALLEGIANCE Mayor Sarmiento
MINUTES: Mayor Pro Tem Bacerra led the pledge of allegiance.

PUBLIC COMMENT – Members of the public may address the City Council only on items listed on the Special Meeting Agenda.

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PLEDGE OF ALLEGIANCE Mayor Sarmiento
MINUTES: Mayor Pro Tem Bacerra led the pledge of allegiance.

PUBLIC COMMENT – Members of the public may address the City Council only on items listed on the Special Meeting Agenda.

MINUTES: Carl Benninger spoke in support of maps F and K.

Jeffry Katz spoke on the process of selecting a map.

Clerk of the Council, Daisy Gomez, reported out on correspondence received.

Biff Baker member of Orange County Congregation Community Organization (OCCCO) spoke in support of maps SARC1 and SARC2.

Araceli Robles spoke in support of the coalition map.

Fatima Paque member of OCCCO spoke in support of maps SARC1 and SARC2.

Ana Charco, on behalf of Latino Health Access and with Santa Ana Redistricting, spoke in support of map SARC1A. Asked council to vote on SARC1A.

Dale Helvig spoke in opposition of SARC1 and SARC2. Spoke in support of map 115467.

Daisy Cruz with the Kennedy Commission urged council to adopt one the maps submitted by the Santa Ana Redistricting Coalition.

Karen Alvardo with Orange County Congregation Community Organization (OCCCO) thanked council for holding the meetings. Urged council to support updated maps SARC1A or SARC2A. Spoke in opposition of maps F and K.

Patricia De Santos spoke on safety and in support of map F.

Angel Sanchez spoke in support of maps submitted by Santa Ana Redistricting Coalition (SARC).

Hilda Ortiz with Latino Health Access, spoke in support of maps submitted by Santa Ana Redistricting Coalition and spoke in opposition of map F and K.

Kayla Asato with Orange County Environmental Justice and partner of Santa Ana Redistricting Coalition spoke on the outreach performed that resulted in the SARC maps.

Spoke in support of maps SARC1A and SARC2A.

Irene Bautista member of OCCCO spoke in support of maps SARC1 and SARC2. Spoke in opposition of map F.

Michael Nguyen spoke in support of maps SARC1 and SARC2 submitted by the Santa Ana Redistricting Coalition.

Veronica Garcia spoke in support of maps submitted by Santa Ana Redistricting Coalition.

Spoke in opposition of map F.

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Irene Bautista member of OCCCO spoke in support of maps SARC1 and SARC2. Spoke in opposition of map F.

Michael Nguyen spoke in support of maps SARC1 and SARC2 submitted by the Santa Ana Redistricting Coalition.

Veronica Garcia spoke in support of maps submitted by Santa Ana Redistricting Coalition.

Spoke in opposition of map F.

Cesar Medina spoke in support of maps SARC1A and SARC2A.

Vincent Tran community leader with VietRise spoke in support of maps SARC1 and SARC2.

Urged council to pass SARC1 or SARC2.

BUSINESS CALENDAR

1. Presentation of Public Testimony and Draft Maps, City Council Consideration and Direction Regarding Draft Maps
Department(s): Clerk of the Council Office
Recommended Action: Seeking input regarding the content of the draft map(s).

MINUTES: Council discussion ensued and input provided to staff and Redistricting Partners consultant Paul Mitchell.

Councilmember Mendoza spoke in support of map F and moved to approve. Seconded by Mayor Pro Tem Bacerra.

Councilmember Phan spoke in support of map K and moved a substitute motion to adopt map K. Seconded by Councilmember Penaloza.

Paul Mitchell inquired for a starting point and some direction to assist council in selecting a map from eligible maps including SARC1, SARC1A, SARC2, and SARC2A.

Noted that he can make changes to the maps council just voted on or make changes to the SARC maps.

Councilmember Penaloza requested that all maps be labeled with letters and drop the acronyms to be consistent.

Paul Mitchell in support of creating maps with next alpha letter such as: F, K, L and M.

Councilmember Lopez motioned to bring back map J and seconded by Mayor Sarmiento. Consultant Paul Mitchell noted it’s technically map J2.

Mayor Sarmiento requested from the Chief Assistant City Attorney to circulate Rules of Decorum to council.

Clerk of the Council Daisy Gomez inquired if council is interested in bringing in the maps along with the tool to change the boundaries of individual maps.

CouncilmemberLopezmotionedtoapproveSARC2SecondedbyCouncilmember City Council Minutes 3 03/07/2022
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Sarmiento. Consultant Paul Mitchell noted its technically map J2.

Mayor Sarmiento requested from the Chief Assistant City Attorney to circulate Rules of Decorum to council.

Clerk of the Council Daisy Gomez inquired if council is interested in bringing in the maps along with the tool to change the boundaries of individual maps.

Councilmember Lopez motioned to approve SARC2. Seconded by Councilmember Hernandez.

Council provided direction to consultant and staff to bring back maps with updated numerations and in alpha order.

Clerk of the Council Daisy Gomez asked council to email her council’s available time to allow her to schedule another special meeting this week.

Moved by Councilmember Mendoza, Councilmember, seconded by Councilmember Bacerra, Mayor Pro Tem to Approve map F.

YES: 4 – Mendoza, Councilmember, – Penaloza, Councilmember, – Phan, Councilmember, – Bacerra, Mayor Pro Tem
NO: 3 – Hernandez, Councilmember, – Lopez, Councilmember, – Sarmiento, Mayor ABSTAIN: 0
ABSENT: 0
Status: 4 – 3 – 0 – 0 – Fail
Moved by Councilmember Penaloza, Councilmember, seconded by Councilmember Bacerra, Mayor Pro Tem to Substitute motion to adopt map K.

YES: 4 – Mendoza, Councilmember, – Penaloza, Councilmember, – Phan, Councilmember, – Bacerra, Mayor Pro Tem
NO: 3 – Hernandez, Councilmember, – Lopez, Councilmember, – Sarmiento, Mayor ABSTAIN: 0
ABSENT: 0
Status: 4 – 3 – 0 – 0 – Fail
Moved by Councilmember Lopez, Councilmember, seconded by Councilmember Sarmiento, Mayor to Approve to bring back map J2.

YES: 4 – Hernandez, Councilmember, – Lopez, Councilmember, – Phan, Councilmember, – Sarmiento, Mayor
NO: 3 – Mendoza, Councilmember, – Penaloza, Councilmember, – Bacerra, Mayor Pro Tem
ABSTAIN: 0
ABSENT: 0
Status: 4 – 3 – 0 – 0 – Pass
Moved by Councilmember Lopez, Councilmember, seconded by Councilmember Hernandez, Councilmember to Approve SARC2 map.

YES: 4 – Hernandez, Councilmember, – Lopez, Councilmember, – Phan, Councilmember, – Sarmiento, Mayor
NO: 3 – Mendoza, Councilmember, – Penaloza, Councilmember, – Bacerra, Mayor Pro Tem
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Status: 4 – 3 – 0 – 0 – Pass
Moved by Councilmember Lopez, Councilmember, seconded by Councilmember Hernandez, Councilmember to Approve SARC2 map.

YES: 4 – Hernandez, Councilmember, – Lopez, Councilmember, – Phan, Councilmember, – Sarmiento, Mayor
NO: 3 – Mendoza, Councilmember, – Penaloza, Councilmember, – Bacerra, Mayor Pro Tem
ABSTAIN: 0
ABSENT: 0
Status: 4 – 3 – 0 – 0 – Fail
Adjournment – Adjourn the Special City Council meeting.

MINUTES: Mayor Sarmiento adjourned the City Council meeting on at 10:17 p.m.

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DRAFT Minutes of the Special Meeting
of the City Council
City of Santa Ana, California
March 11, 2022
CITY COUNCIL CHAMBER
22 Civic Center Plaza Santa Ana, CA 92701
SPECIAL OPEN MEETING
CALL TO ORDER
ATTENDANCE Council Members Johnathan Ryan Hernandez
Jessie Lopez
Nelida Mendoza
David Penaloza
Thai Viet Phan
Mayor Pro Tem Phil Bacerra
Mayor Vicente Sarmiento
City Manager Kristine Ridge
City Attorney Sonia R. Carvalho
Clerk of the Council Daisy Gomez
MINUTES: Mayor Sarmiento called the Special Open Session meeting to order at 5:38 p.m.

ROLL CALL
MINUTES: Clerk of the Council Daisy Gomez conducted roll call. All councilmembers were present.

PLEDGE OF ALLEGIANCE Mayor Sarmiento
MINUTES: Councilmember Penaloza led the pledge of allegiance.

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MINUTES: Clerk of the Council Daisy Gomez conducted roll call. All councilmembers were present.

PLEDGE OF ALLEGIANCE Mayor Sarmiento
MINUTES: Councilmember Penaloza led the pledge of allegiance.

PUBLIC COMMENT – Members of the public may address the City Council only on items listed on the Special Meeting Agenda.

MINUTES: Victor Mendez spoke on the process and importance of selecting a map.

Encouraged the council to do the right thing.

Lino Paras noted that he came to observe the redistricting process.

Clerk of the Council Daisy Gomez reported out on correspondence received prior to hearing public comments via Zoom.

Ana Charco on behalf of Latino Health Access and with the Santa Ana Redistricting Coalition (SARC) spoke in support of map L2 and L2 revised and in opposition of map K2.

Benjamin Vazquez spoke in support of map L.

Araceli Robles spoke in support of the coalition’s map and spoke on the process and importance of selecting a map.

Dale Helvig concerned that more maps were submitted and timeline may be extended. In support of neighborhoods being intact. In support of community maps that were submitted last week by Redistricting Partners.

Vincent Tran with VietRise spoke in support of revised L2 map. Spoke in opposition to maps F and F2.

Maria Valencia with Orange County Congregation Community Organization (OCCCO) spoke in opposition of having the Delhi community with the South Coast Metro community. Spoke in opposition of maps F and K and their subsequent revisions. Urges council to consider revised map L2 submitted by the SARC.

Fatima Paque, OCCCO volunteer, described her community and spoke in support of revised map L2. Supports SARC maps.

Irene Bautista, OCCCO volunteer, expressed support SARC maps, specifically maps L, L2 and revised L2.

Miguel Hernandez thanked council for their efforts. Spoke in support of maps L, L2 and L2 revised. Supports map L2 revised.

Rocio Paredes Guzman in support of both versions of map L2 and in opposition of K.

Florinda Rojas described her community and expressed opposition to map K2. Spoke in support of both versions of map L2.

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Miguel Hernandez thanked council for their efforts. Spoke in support of maps L, L2 and L2 revised. Supports map L2 revised.

Rocio Paredes Guzman in support of both versions of map L2 and in opposition of K.

Florinda Rojas described her community and expressed opposition to map K2. Spoke in support of both versions of map L2.

Carl Benninger expressed appreciation for council’s hard work. Spoke in support of map F2 and K2.

Karen Alvarado with OCCCO and SARC spoke in support of renamed SARC maps: L2 and M2. Noted that they are open to consider revised L2 map and that they have submitted a revised version the map based on the feedback heard at the last meeting. Believes council can come to a compromise that bridges and unifies the community. Urged council to consider the SARC maps.

Kayla Asato with Environmental Justice and SARC spoke in opposition of maps K and K2.

Urged council not to break up the Environmental Justice corridor.

Leonel Flores spoke in support of revised L2 map. Spoke in opposition of map F and K2.

BUSINESS CALENDAR

1. Presentation of Public Testimony and Draft maps, City Council Consideration and Direction Regarding Draft Maps
Department(s): Clerk of the Council Office
Recommended Action: Seeking input regarding the content of the draft map(s).

Moved by Councilmember Phan, Councilmember, seconded by Councilmember Bacerra, Mayor Pro Tem to approve to elevate map N2 and direct staff to prepare a resolution and ordinance to be brought back to the April 5, 2022 Council meeting.

YES: 7 – Hernandez, Councilmember, – Lopez, Councilmember, – Mendoza, Councilmember, – Penaloza, Councilmember, – Phan, Councilmember, – Bacerra, Mayor Pro Tem, – Sarmiento, Mayor
NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
MINUTES: Council discussion ensued and direction provided to Redistricting Partners consultant Paul Mitchell and staff.

Chief Assistant City Attorney Laura Rossini and Paul Mitchell addressed council regarding the 10% deviation.

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ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
MINUTES: Council discussion ensued and direction provided to Redistricting Partners consultant Paul Mitchell and staff.

Chief Assistant City Attorney Laura Rossini and Paul Mitchell addressed council regarding the 10% deviation.

Mayor Sarmiento noted the responsibility the council has in selecting a map in the spirit of good faith.

Councilmember Phan addressed council regarding the importance in working together to come to consensus and select a map.

Mayor Pro Tem Bacerra spoke on environmental justice.

Clerk of the Council Daisy Gomez read the maps that council requested to be elevated: L, L2 revised, M2, 118257, and 118741 with adjustments. Spoke on the timeline.

After additional discussion, Clerk of the Council Daisy was asked to state the maps to be elevated: L, L2 revised, M2, 118257, and 118741 (N), N2.

Councilmember Lopez requested to elevate map 118380.

Councilmember Phan inquired from colleagues if they were supportive of map 118257. After discussion, map was eliminated.

Councilmember Phan motioned to elevate maps L2 revised and N2. Seconded by Councilmember Bacerra.

Mayor Pro Tem Bacerra inquired about the timeline.

After additional discussion, Councilmember Phan moved a new motion to elevate map N2 and direct staff to prepare an resolution and ordinance to be brought back to the April 5, 2022 Council meeting.

Adjournment – Adjourn the Special City Council meeting.

MINUTES: Mayor Sarmiento adjourned the City Council meeting at 7:28 p.m. City Council Minutes 4 03/11/2022 DRAFT
City Council 10 – 4 4/5/2022
DRAFT Minutes of the Regular Meeting of the
City Council
City of Santa Ana, California
March 15, 2022
CLOSED SESSION MEETING – 5:00 pm
REGULAR OPEN MEETING – 5:45 pm
(Immediately following the Closed Session Meeting)
CITY COUNCIL CHAMBER
22 Civic Center Plaza Santa Ana, CA 92701
CLOSED SESSION
CALL TO ORDER
ATTENDANCE Council Members Johnathan Ryan Hernandez
Jessie Lopez
Nelida Mendoza
David Penaloza
Thai Viet Phan
Mayor Pro Tem Phil Bacerra
Mayor Vicente Sarmiento
City Manager Kristine Ridge
City Attorney Sonia R. Carvalho
Clerk of the Council Daisy Gomez
MINUTES: Mayor Sarmiento called the Closed Session meeting to order at 5:03 p.m.

ROLL CALL
MINUTES: Clerk of the Council Daisy Gomez conducted roll call. All councilmembers were present. Councilmember Hernandez joined the Closed Session meeting at 5:10 p.m.

Mayor Sarmiento recused himself from closed session Item 1A out of an abundance of caution due to a conflict of interest.

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ROLL CALL
MINUTES: Clerk of the Council Daisy Gomez conducted roll call. All councilmembers were present. Councilmember Hernandez joined the Closed Session meeting at 5:10 p.m.

Mayor Sarmiento recused himself from closed session Item 1A out of an abundance of caution due to a conflict of interest.

PUBLIC COMMENTS – Members of the public may address the City Council on Closed Session items.

MINUTES: No public comments on Closed Session items.

1. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code:

A. City of Santa Ana v. Orange County Association for Mental Health, Orange County Superior Court, Case No. 30202001124174CUMCCJC
B. Kingsley Management Corp., et al v City of Santa Ana, U.S District Court (Central District), Case No. 8:22cv00076CJCJDE
CLOSED SESSION REPORT – The City Attorney will report on any action(s) to be taken at the Regular Open Session which will begin immediately following the Closed Session.

RECESS – City Council will recess to Closed Session for the purpose of conducting regular City business.

MINUTES: Mayor Sarmiento recessed the portion of the meeting to consider the Closed Session item(s) at 5:05 p.m.

RECONVENE – City Council will reconvene to continue regular City business.

MINUTES: Mayor Sarmiento adjourned Closed Session meeting at 5:35 p.m. and convened to the Regular Open Session.

CITY COUNCIL REGULAR OPEN SESSION
CALL TO ORDER
MINUTESMSitlldthRlOSititdt546
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MINUTES: Mayor Sarmiento adjourned Closed Session meeting at 5:35 p.m. and convened to the Regular Open Session.

CITY COUNCIL REGULAR OPEN SESSION
CALL TO ORDER
MINUTES: Mayor Sarmiento called the Regular Open Session meeting to order at 5:46 p.m.

ROLL CALL
MINUTES: Clerk of the Council conducted roll call. All councilmembers were present.

PLEDGE OF ALLEGIANCE Mayor Sarmiento
MINUTES: Councilmember Mendoza led the pledge of allegiance.

WORDS OF INSPIRATION Hussam Ayloush
CEREMONIAL PRESENTATIONS

1. Proclamation presented by Mayor Pro Tem Bacerra to Lydia Salvetta from Republic Homes for Outstanding Contributions to the Community.

MINUTES: A certificate of recognition was presented to Lydia Salvetta.

2. Certificate of Recognition presented by Councilmember Lopez to Santa Ana Pony Board in Recognition of their Outstanding Contributions to the Community.

3. Certificate of Recognition presented by Councilmember Mendoza to Santa Ana Police Department, Homicide Unit in Recognition of their 2021 Orange County Homicide Investigation Case of the Year and Outstanding Acts of Heroism.

STAFF PRESENTATIONS

4. OC Streetcar Project – Orange County Transportation Authority MINUTES: Executive Director of Public Works Agency Nabil Saba provided a brief presentation.

Community Development Agency Economic Development Manager Marc Morely provided an update on the Business Interruption Fund to accommodate downtown businesses.

Orange County Transportation Authority (OCTA) representatives Ross Lew and Tresa Olivari provided a brief presentation on Orange County Streetcar Community Outreach and PublicEngagementeffort
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MINUTES: Executive Director of Public Works Agency Nabil Saba provided a brief presentation.

Community Development Agency Economic Development Manager Marc Morely provided an update on the Business Interruption Fund to accommodate downtown businesses.

Orange County Transportation Authority (OCTA) representatives Ross Lew and Tresa Olivari provided a brief presentation on Orange County Streetcar Community Outreach and Public Engagement effort.

Public comments for said item were heard.

Valentin Martinez spoke on the challenges the small businesses are facing as a result of the pandemic and the Orange County Streetcar project.

Delilah Snell spoke on the challenges the small businesses are facing and requested OCTA to financially support impacted businesses.

Karla on behalf of Charlie’s Tattoos spoke on the struggles their business is faced with due to the Orange County Streetcar project.

Leyla on behalf of Charlie’s Tattoos spoke on the struggles their business is faced with due to the Orange County Streetcar project. Expressed that the current economic stimulus is insufficient. Requested that the project be expedited.

Guadalupe Barragan thanked Mayor Sarmiento and Councilmember Hernandez, for their support. Noted various public safety hazards and asked council for OCTA to provide assistance.

Danielle Barragan spoke on the hardships her family and business has experienced as a result of the Orange County Streetcar project.

Business owner Marcella Prado thanked council for the assistance provided unfortunately it is not enough. Requested further assistance. Shared the various struggles her business is experiencing. Asked council for continued support and to hold OCTA responsible.

An unidentified speaker asked council for assistance. Noted the various customers that come to her establishment. Pointed out that the closed streets do not help. Pleaded with OCTA to provide more financial assistance.

Alfredo thanked Santa Ana staff for their support. Expressed that the assistance provided is not enough. Noted lost revenue and the struggles his business is experiencing. Requested additional assistance for their businesses.

Maribel Gomez thanked council for the economic stimulus received. Noted it is not enough and requested additional assistance.

Maria Perez thanked council and all staff who assisted with the economic assistance.

Expressed that it is not enough and shared the struggles the businesses are faced with.

Asked council to urge OCTA to help the businesses.

Juan Romo thanked council and city staff. Noted that the economic stimulus received is not enough. Asked council to request OCTA to provide further aide.

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Maribel Gomez thanked council for the economic stimulus received. Noted it is not enough and requested additional assistance.

Maria Perez thanked council and all staff who assisted with the economic assistance.

Expressed that it is not enough and shared the struggles the businesses are faced with.

Asked council to urge OCTA to help the businesses.

Juan Romo thanked council and city staff. Noted that the economic stimulus received is not enough. Asked council to request OCTA to provide further aide.

Ana Laura Padilla an owner in downtown Santa Ana thanked Mayor Sarmiento for his assistance. Emphasized the need for OCTA to provide economic stimulus. Spoke on the street closures and pictures she submitted. Thanked city for the economic support however it is not sufficient to cover the losses since the OC Streetcar began. Asked council to consider the amended proposed guidelines and to provide further assistance.

Council discussion ensued and provided input to OCTA representatives.

Mayor Pro Tem Bacerra spoke on the unsecured barricades. Asked OCTA representatives for more oversight on signs and assure that safety guidelines are met for community and businesses. Noted that the financial assistance provided thus far is not enough. Requested OTCA to assist and respond.

Councilmember Hernandez expressed concern with fencing and the safety hazards.

Requested from OCTA representatives areas to be fenced along with banners marketing surrounding businesses. Asked OCTA to match the $1.5 million.

Jim Beil Executive Director of Capital Programs at OCTA noted that staff is looking into parameters to see if they can match or provide financial assistance to affected businesses.

Councilmember Hernandez expressed an openness to support the amended guidelines.

Councilmember Phan expressed concern on pending OCTA lawsuit and impact on timeline.

Expressed concern with the temporary bridge that goes over Fourth Street. Asked OCTA and staff speak with utility providers and offer reduced rates during construction phase to affected businesses.

Councilmember Lopez requested a clean and safe working environments, signage, and security. Demands that staff work with OCTA representatives to move the staging area away from the NOVA Academy. Requested an update on the litigation. Asked staff to compile a list of business and spotlight them and share their information on social media.

Councilmember Mendoza concurred with her colleagues. Spoke on the use of social media to assist in promoting the businesses.

Councilmember Penaloza concurred with his colleagues.

Mayor Sarmiento thanked city staff, OCTA representatives and merchants that came tonight.

Provided direction to city staff to use marketing tools jointly with OCTA. Proceed with a combined effort with Eat Shop and Play for additional social media outreach. Requested increase in barricade height to reduce noise and dust. Directed staff to have an item before the Legislative Committee to find Federal funding.

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Councilmember Penaloza concurred with his colleagues.

Mayor Sarmiento thanked city staff, OCTA representatives and merchants that came tonight.

After item 4 was heard, council considered item 6.

5. COVID19 Update in the Community
MINUTES: City Manager Kristine Ridge provided a brief comment. Noted that the COVID numbers have improved and thus item was shelved. Council proceed to hear item 7.

6. Travel Santa Ana 2021 Annual Report – Community Development Agency MINUTES: Item 6 was taken out of order and considered after item 4 was heard.

President of Travel Santa Ana Wendy Haase provided a brief presentation.

Council discussion ensued and input provided. After item was heard, council considered item 5 followed by item 7.

7. Air Quality Management District Fund Usage Update – Public Works Agency MINUTES: Executive Director of Public Works Agency Nabil Saba provided a brief presentation.

Council discussion ensued and direction provided to staff.

CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed Session.

MINUTES: City Attorney Sonia Carvalho stated there was no reportable action.

PUBLIC COMMENT – Public comments will be held during the beginning of the meeting for ALL comments on agenda and nonagenda items, except for public hearings. Comments for public hearings will take place after the hearing is opened.

MINUTES: Alan Wu spoke on a 1906 xenophobic incident that occurred in Santa Ana in which Chinatown was burned down. Requested redemption and a resolution of apology.

Danny Vega spoke on the budget. Supports funds to be allocated towards a Police Oversight Committee.

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public hearings will take place after the hearing is opened.

MINUTES: Alan Wu spoke on a 1906 xenophobic incident that occurred in Santa Ana in which Chinatown was burned down. Requested redemption and a resolution of apology.

Danny Vega spoke on the budget. Supports funds to be allocated towards a Police Oversight Committee.

Catalina Iniestra spoke in support of item 11, to end the sale of flavored tobacco products.

Victor Mendez spoke on item 4 and concurs with Councilmember Phan regarding the connecting bridges. Spoke in support of a high wall to reduce dust and creating nice signage. Lastly, spoke on a proposal he submitted to fund the $1.5 million to help the merchants.

Madeleine Spencer with Santa Ana Business Council spoke on item 4 and requested environmental and social costs be considered on every project.

Clerk of the Council, Daisy Gomez, reported out on correspondence received.

Lynda Barbour with American Cancer Society Action Network spoke on item 11 and urged council to support the tobacco ordinance.

Marklem Valdovinos spoke on item 11 and advocated passing the tobacco ordinance.

Isabel Rivera expressed concern with the public safety around the NOVA Academy due to the Orange County Streetcar. Asked council to remove the staging area away from the school.

Rene Lancaster with NOVA Academy advocated for families, student and staff regarding public safety and removal of OCTA’s staging sight.

Thomas Lawton spoke in opposition of item 11. Requested council add a Hookah exemption in the ordinance before adoption.

Sandra Guillen spoke on the lack of police services.

John Ramirez spoke on item 26. Advocated the hiring of more police officers and spoke in support of a Police Oversight committee.

Shewa Sadat spoke in opposition of item 11.

Sarah Arpero with Latino Health Access spoke in support of more funding for rental assistance and mediation. Asked council to review other models used by other cities to assist residents.

Fred Baskharron spoke on item 11 and asked council to give him time to sell his merchandise.

Nathaniel Greensides spoke on redistricting process and injustices black communities face.

Hairo Cortez with Chispa spoke on item 26 and urged council to incorporate priorities:
police oversight board, increase mental health counseling funding for LGBT youth, increasefundingforexistingemploymentprogramsforyoungresidentsandholdatleast City Council 7 3/15/2022
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City Council 11 – 7 4/5/2022
Fred Baskharron spoke on item 11 and asked council to give him time to sell his merchandise.

Nathaniel Greensides spoke on redistricting process and injustices black communities face.

Hairo Cortez with Chispa spoke on item 26 and urged council to incorporate priorities:
police oversight board, increase mental health counseling funding for LGBT youth, increase funding for existing employment programs for young residents, and hold at least one budget input session targeted to youth in Santa Ana. Also, echoed Alan Woo’s resolution of an apology by city of Santa Ana for the burning of Chinatown.

Sandra spoke on item 11. Requested council to give them at least a year to sell their product.

Rima S. Khoury with National Hookah Community Association spoke in opposition of item

11. Ross Garcia spoke on item 4 and expressed concern with his business due to the lack of foot traffic as a result of the Orange County Streetcar project.

Janette Rodriguez Public Health researcher with USC spoke in support of item 11.

Amir spoke on item 11 and expressed the concerns his business and his employees will endure. Requested council to ask voters to decide.

Donna Moore with NOVA Academy expressed public safety concerns with homeless encampment and OCTA staging area by the school.

CONSENT CALENDAR
RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 8 through 24.

8. Excused Absences
Department(s): Clerk of the Council Office
Recommended Action: Excuse the absent members.

9. Minutes from the Regular Meeting of February 15, 2022 Department(s): Clerk of the Council Office
Recommended Action: Approve minutes.

10. Minutes from the Special Meeting of February 16, 2022 Department(s): Clerk of the Council Office
Recommended Action: Approve minutes.

11. Adopt Ordinance No. NSXXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING ARTICLE III ENTITLED TOBACCO RETAIL LICENSE OF CHAPTER 18 OF THE SANTA ANA MUNICIPAL CODE PROHIBITING THE SALE OF FLAVORED TOBACCO PRODUCTS
First reading at the March 1, 2022 City Council meeting and approved by a vote of 7 0 City Council 8 3/15/2022
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Department(s): Clerk of the Council Office
Recommended Action: Approve minutes.

0. Published in the Orange County Reporter on March 4, 2022.

Department(s): City Manager Office
Recommended Action: Place ordinance on second reading and adopt.

MINUTES: Council discussion ensued.

Councilmember Phan moved to approve the second reading with the direction to staff to have current retailers report their current inventory on hand to staff and allow them six (6) months to sell their product to a retailer outside of the city.

Councilmember Mendoza moved a substitute motion to approve the ordinance with an amendment directing staff to have current retailers report their current inventory to staff on hand and allow them three (3) months to sell their product to a retailer outside of the city.

Mayor Pro Tem Bacerra introduced a substitute motion.

This consent Item Ordinance No. NS3014 was approved.

Moved by Mayor Pro Tem Bacerra, seconded by Councilmember Penaloza to approve substitute motion to approve recommended action.

YES: 7 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass

12. Adopt Ordinance No. NSXXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SECTION 2105 OF THE SANTA ANA MUNICIPAL CODE TO PROHIBIT ABSTENTIONS UNLESS LEGALLY REQUIRED, TO REQUIRE UNAUTHORIZED ABSTENTIONS TO BE COUNTED AND
RECORDED AS A VOTE WITH THE MAJORITY, AND TO DESCRIBE THE CONFLICT DISQUALIFICATION PROCESS
First reading at the March 1, 2022 City Council meeting and approved by a vote of 7

0. Published in the Orange County Reporter on March 4, 2022.

Department(s): City Manager Office
Recommended Action: Place ordinance on second reading and adopt.

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,
CONFLICT DISQUALIFICATION PROCESS
First reading at the March 1, 2022 City Council meeting and approved by a vote of 7

0. Published in the Orange County Reporter on March 4, 2022.

Department(s): City Manager Office
Recommended Action: Place ordinance on second reading and adopt.

MINUTES: This consent Item Ordinance No. NS3015 was approved.

Moved by Councilmember Phan, seconded by Councilmember Lopez to Approve.

YES: 7 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass

13. Award Blanket Order Contracts to Office Depot, LLC and Veritiv Operating Company in an Annual Aggregate Amount Not to Exceed $80,000 for up to a FourYear Term for the Purchase of Reprographic Paper and Envelopes (Specification No. 21088) (General and NonGeneral Fund)
Department(s): Finance and Management Services
Recommended Action: Award blanket order contracts to Office Depot, LLC and Veritiv Operating Company to provide reprographic paper and envelopes in an annual aggregate amount of $80,000 for a oneyear period beginning April 1, 2022 and expiring March 31, 2023, with provision for three oneyear renewals by mutual agreement, subject to nonsubstantive changes approved by the City Manager and City Attorney.

14. Amend the Blanket Order Contract with Core & Main LP, Ferguson Enterprises LLC and Western Water Works Supply Company for Waterworks Fittings and Supplies by Increasing it to an Annual Aggregate Amount Not to Exceed $600,000 for the Remainder of the Contract Term (Specification No. 21012) (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: Amend the blanket purchase order contracts with Core & Main LP, Ferguson Enterprises LLC, and Western Water Works Supply Company for waterworks fittings and supplies to increase the annual amount by $175,000, for a revised annual aggregate amount not to exceed $600,000, for the remainder of the current threeyear term expiring May 17, 2024, and two oneyear renewal periods, subject to nonsubstantive changes approved by the City Manager and City Attorney.

15. Award a Purchase Order in an Amount Not to Exceed $323,827 to Trane U.S. Inc., dba Trane for Replacement of an Air Conditioning Unit in the Ross Annex Portion of City Hall (Specification No. 22024) (General Fund)
Department(s): Public Works Agency
Recommended Action: Award a purchase order to Trane U.S. Inc., dba Trane, in the amount of $281,589, with a contingency amount of $42,238, for a total amount not to City Council 10 3/15/2022
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15. Award a Purchase Order in an Amount Not to Exceed $323,827 to Trane U.S. Inc., dba Trane for Replacement of an Air Conditioning Unit in the Ross Annex Portion of City Hall (Specification No. 22024) (General Fund)
Department(s): Public Works Agency
Recommended Action: Award a purchase order to Trane U.S. Inc., dba Trane, in the amount of $281,589, with a contingency amount of $42,238, for a total amount not to exceed $323,827, to replace an air conditioning unit at the Ross Annex, subject to nonsubstantive changes approved by the City Manager and City Attorney.

16. Award a Purchase Order in the Amount of $62,679 to Penske Chevrolet of Cerritos for One Chevrolet 2500 HD Truck (Specification No. 22003) (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: Authorize a onetime purchase and payment of purchase order to Penske Chevrolet of Cerritos for one Chevrolet 2500 HD Truck, in the amount of $62,679 plus a contingency of $5,000, for a total amount not to exceed $67,679, subject to nonsubstantive changes approved by the City Manager and City Attorney.

MINUTES: Councilmember Phan recused herself from Item 16, due to a conflict of interest.

17. Approve an Appropriation Adjustment to Appropriate $133,740 in District 2 Acquisition and Development Funds Received in Prior Years for the Santiago Park Main Street Entrance Project (Project No. 202731) and Approve an Amendment to the Agreement with Hunsaker & Associates to Increase the Design Services Amount by $133,740 for a New Estimated Project Design Cost of $383,740 (Project No. 20 2731) (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Approve an appropriation adjustment recognizing $133,740 of prior year fund balance from the Residential Development District 2, Acquisition and Development, Prior Year Carry Forward revenue account and appropriating the same amount to the Residential Development District 2, Acquisition and Development, Improvements Other Than Building expenditure account for the Santiago Park Main Street Entrance Project (No. 202731). (Requires five affirmative votes)

2. Authorize the City Manager to execute an amendment to the agreement with Hunsaker & Associates for design services for the Santiago Park Main Street Entrance Project, to increase the amount by $133,740, for a total agreement amount of $383,740, subject to nonsubstantive changes approved by the City Manager and the City Attorney (Agreement No. 2022XXX).

MINUTES: This consent Item Agreement No. 2022036 was approved.

18. Award a Construction Contract to All American Asphalt in the Amount of $4,189,151, for the Garnsey Business District Pavement Improvements FY 202122 Project, with an Estimated Project Delivery Cost of $4,763,666 (Project No. 226991) (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: 1. Award a construction contract to All American Asphalt, the lowest responsible bidder, in accordance with the base bid in the amount of $4,189,151, for construction of the Garnsey Business District Pavement Improvements FY 202021, for the term beginning March 15, 2022, and ending upon project completion, and authorize the City Manager to execute the contract subject to nonsubstantive changes approved by the City Manager and the City Attorney.

2. Approve the Project Cost Analysis for a total estimated construction delivery cost of $4,763,666, which includes $4,189,151 for the construction contract; $335,132 for contract administration, inspection and testing; and a $239,383 project contingency for unanticipated or unforeseen work.

Moved by Mayor Sarmiento, seconded by Mayor Pro Tem Bacerra to Approve.

YES: 7 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
MINUTES: Mayor Sarmiento provided direction to staff.

19. Approve an Amendment to the Fiscal Year 20212022 Emergency Solutions Grant Memorandum of Understanding Agreement with Santa Ana Police Department HEART Program for Additional Street Outreach and ESG Subrecipient Agreement with 211 Orange County for HMIS Data Collection using Unspent FY 20202021 ESG Funds (NonGeneral Fund)
Department(s): Community Development Agency
Recommended Action: 1. Authorize the City Manager to execute an amendment to the Santa Ana Police Department HEART Program Memorandum of Understanding to increase the amount of the agreement by $33,884 for program year July 1, 2021 June 30, 2022 for additional street outreach activities, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022 XXX).

2. Authorize the City Manager to execute an amendment to the 211 Orange County Subrecipient Agreement to increase the amount of the agreement by $47,212.35 for program year July 1, 2021 June 30, 2022 for additional Homeless Management Information Systems data collection, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).

MINUTES: This consent Item Agreement Nos. 2022037 and 2022038 were approved.

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Subrecipient Agreement to increase the amount of the agreement by $47,212.35 for program year July 1, 2021 June 30, 2022 for additional Homeless Management Information Systems data collection, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).

MINUTES: This consent Item Agreement Nos. 2022037 and 2022038 were approved.

20. County of Orange Social Services Agency (SSA) Vocational Training and Work Experience Program (NonGeneral Fund)
Department(s): Community Development Agency
Recommended Action: Authorize the City Manager to execute an agreement awarding $2,516,892 to the City of Santa Ana’s Santa Ana WORK Center from the County of Orange Social Services Agency for vocational training and work experience activities, effective July 1, 2022 through June 30, 2025, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022 XXX).

MINUTES: This consent Item Agreement No. 2022039 was approved.

21. Amend the Agreement with West Coast Arborists, Inc. for Tree Maintenance Services, Increasing the Annual Amount by $145,000 for the Remaining Term of the Agreement (General and NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute an amendment to the agreement with West Coast Arborists, Inc. for tree maintenance services to increase the annual amount by $145,000, for a total amount not to exceed $2,164,100, for the remaining term of the agreement ending on December 31, 2022, with six oneyear renewal options exercisable by the City Manager, for a total amount not to exceed $16,230,750 subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).

MINUTES: Mayor Sarmiento recused himself from Item 21, due to a conflict of interest.

This consent Item Agreement No. 2022040 was approved.

22. Amend the Agreement with Graffiti Protective Coatings, Inc. for Graffiti Removal Services, Increasing the Annual Amount for Fiscal Year 202122 by $300,000, and by $600,000 Annually for the Remaining Term of the Agreement (General Fund) Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute an amendment to the agreement with Graffiti Protective Coatings, Inc. for graffiti removal services, increasing the amount for Fiscal Year 202122 by $300,000, for a total amount not to exceed $1,660,000, and increasing the annual amount by $600,000, for a total amount not to exceed $1,960,000 for the remaining term of the agreement ending on October 31, 2023, with five, oneyear renewal options exercisable by the City Manager, for a total agreement amount not to exceed $14,979,667, subject to non bttihdbthCitMdCitAtt(AtN
City Council 13 3/15/2022
DRAFT
City Council 11 – 13 4/5/2022
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute an amendment to the agreement with Graffiti Protective Coatings, Inc. for graffiti removal services, increasing the amount for Fiscal Year 202122 by $300,000, for a total amount not to exceed $1,660,000, and increasing the annual amount by $600,000, for a total amount not to exceed $1,960,000 for the remaining term of the agreement ending on October 31, 2023, with five, oneyear renewal options exercisable by the City Manager, for a total agreement amount not to exceed $14,979,667, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).

MINUTES: Council discussion ensued and direction provided to staff Councilmember Hernandez expressed support of a preventative and proactive approach to engage youth in the arts.

Mayor Pro Tem Bacerra moved to approve to adjust ordinance with additional direction to staff to add the downtown parking structures to the contract or find another way to have the operators use them. Seconded by Councilmember Penaloza.

Councilmember Phan introduced a substitute motion.

Moved by Councilmember Phan, seconded by Councilmember Lopez to approve substitute motion to continue item to the next meeting.

YES: 7 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass

23. Resolution Authorizing the Submission of the Building Forward: Library Infrastructure Grant Application to the California State Library, and if Awarded, Acceptance and Execution of the Grant Funds for Library Critical Maintenance, Life Safety, and Infrastructure Needs
Department(s): Library
Recommended Action: Resolution No. 2022XXX – Adopt a resolution authorizing the submission of a Building Forward: Library Infrastructure Grant Application for library critical maintenance, life safety, and infrastructure needs; and if awarded, approval to accept funds, implement the awarded project; and designate Library Services Director Brian Sternberg as the Authorized Representative to enter into the grant agreement.

MINUTES: This consent Item Resolution No. 2022020 was approved.

24. Consider Approving the Continued Use of Teleconferencing for Meetings of City Council and All Boards, Committees, and Commissions Pursuant to the Provisions of Assembly Bill 361
Department(s): Clerk of the Council Office
City Council 14 3/15/2022
DRAFT
City Council 11 – 14 4/5/2022
MINUTES: This consent Item Resolution No. 2022020 was approved.

24. Consider Approving the Continued Use of Teleconferencing for Meetings of City Council and All Boards, Committees, and Commissions Pursuant to the Provisions of Assembly Bill 361
Department(s): Clerk of the Council Office
Recommended Action: Resolution No. 2022XXX – 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.

MINUTES: This consent Item Resolution No. 2022021 was approved.

Moved by Councilmember Penaloza, seconded by Councilmember Hernandez to Approve Consent Calendar items 824 with the exception of 11, 12, 18 and

22. Councilmember Phan recused herself from Item 16, due to a conflict of interest.

Mayor Sarmiento recused himself from Item 21, due to a conflict of interest. .

YES: 7 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
**END OF CONSENT CALENDAR**
BUSINESS CALENDAR

25. City of Santa Ana General Plan Annual Progress Report (2021) Department(s): Planning and Building Agency
Recommended Action: Authorize staff to submit the City of Santa Ana’s 2021 General Plan Annual Progress Report to the State of California Department of Housing and Community Development (HCD) and Office of Planning and Research (OPR).

Moved by Mayor Sarmiento, seconded by Councilmember Hernandez to Approve.

YES: 7 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass

26. Early Direction for Fiscal Year 202223 Budget Cycle Department(s):FinanceandManagementServices
City Council 15 3/15/2022
DRAFT
City Council 11 – 15 4/5/2022
YES: 7 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass

26. Early Direction for Fiscal Year 202223 Budget Cycle Department(s): Finance and Management Services
Recommended Action: Provide early budget direction to staff for the upcoming fiscal year.

MINUTES: City Manager Kristine Ridge provided a brief presentation.

Executive Director of Finance and Management Services Agency Kathryn Downs provided a brief presentation.

Council discussion ensued and direction provided to staff.

Councilmember Phan recused herself during the discussion of 3 and Broadway due to a conflict of interest.
**END OF BUSINESS CALENDAR**
PUBLIC HEARINGS
PUBLIC COMMENTS – Members of the public may address the City Council on each of the Public Hearing items.

27. Public Hearing Consider an Ordinance Amending Chapter 39 of the Santa Ana Municipal Code Related to the Water Shortage Contingency Plan Legal Notice published in the Orange County Reporter on March 4, 2022.

Department(s): Public Works Agency
Recommended Action: Approve first reading of an ordinance amending Chapter 39 of the Municipal Code related to the Water Shortage Contingency Plan.

MINUTES: Mayor Sarmiento opened the public hearing at 11:53 p.m. and seeing no comment Mayor Sarmiento closed the public hearing at 11:54 p.m.

Moved by Councilmember Phan, seconded by Councilmember Mendoza to Approve.

YES: 6 – Lopez, Councilmember, – Mendoza, Councilmember, – Penaloza, Councilmember, – Phan, Councilmember, – Bacerra, Mayor Pro Tem, – Sarmiento, Mayor
NO: 0
ABSTAIN: 0
ABSENT: 1 – Hernandez, Councilmember
Status: 6 – 0 – 0 – 1 – Pass

28. Public Hearing Consider an Ordinance Repealing and Reenacting Article II of Chapter16oftheSantaAnaMunicipalCodeRelatedtoSolidWasteCollection rd
City Council 16 3/15/2022
DRAFT
City Council 11 – 16 4/5/2022
p
Councilmember, – Phan, Councilmember, – Bacerra, Mayor Pro Tem, – Sarmiento, Mayor
NO: 0
ABSTAIN: 0
ABSENT: 1 – Hernandez, Councilmember
Status: 6 – 0 – 0 – 1 – Pass

28. Public Hearing Consider an Ordinance Repealing and Reenacting Article II of Chapter 16 of the Santa Ana Municipal Code Related to Solid Waste Collection Regulations
Legal Notice published in the Orange County Reporter on March 4, 2022.

Department(s): Public Works Agency
Recommended Action: Approve first reading of an ordinance repealing and reenacting Article II of Chapter 16 of the Santa Ana Municipal Code related to solid waste collection regulations.

MINUTES: Mayor Sarmiento opened the public hearing at 11:55 p.m. and seeing no comment Mayor Sarmiento closed the public hearing at 11:56 p.m.

Moved by Councilmember Phan, seconded by Councilmember Lopez to Approve.

29. Discuss and Consider Directing the City Manager to Direct Staff to Prepare a Resolution Calling Upon our State Legislators to Introduce and Pass a Bill that Would End Child Marriage – Councilmembers Mendoza, Lopez and Phan MINUTES: Councilmember discussion ensued and input provided to city staff. With no objection, majority of the council supported the item.

CITY MANAGER COMMENTS
MINUTES: City Manager Kristine Ridge thanked councilmembers for participating in today’s ribbon cutting ceremony for the new play and learn children’s patio and congratulated Library Services Department for a well organized event. Congratulated Sewer Services team for winning the 2021 Medium Collection System of the Year award from the California Water Environment Association.

COUNCIL COMMENTS
City Council 17 3/15/2022
DRAFT
City Council 11 – 17 4/5/2022
MINUTES: City Manager Kristine Ridge thanked councilmembers for participating in today’s ribbon cutting ceremony for the new play and learn children’s patio and congratulated Library Services Department for a well organized event. Congratulated Sewer Services team for winning the 2021 Medium Collection System of the Year award from the California Water Environment Association.

MINUTES: Councilmember Lopez thanked Fire Station 70 in Ward 3 for the ride along.

Thanked staff for today’s ribbon cutting event.

Councilmember Mendoza wished all a goodnight.

Councilmember Penaloza wished all a goodnight.

Councilmember Phan announced her attendance to the Association of California Water Agencies Conference and found it informative, thanked resident Denise Reynoso for inviting her to speak during Read Across America at Santiago Elementary school and wished all a goodnight.

Mayor Pro Tem Bacerra thanked staff for a successful ribbon event, announced his monthly community hours, wished all a goodnight.

Councilmember Hernandez thanked City Manager for hiring Library Services Executive Director Brian Sternberg and requested to adjourn in memory of former employee Arturo Hernandez.

Mayor Sarmiento thanked staff for tonight’s excellent presentations. Adjourned in memory of Ann Andres.

ADJOURNMENT – Adjourn the City Council meeting.

MINUTES: Mayor Sarmiento adjourned the City Council meeting on Wednesday, March 16, 2022 at 12:10 a.m.

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ORDINANCE NO. NS-XXX

AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF SANTA ANA REPEALING AND

REENACTING IN ITS ENTIRETY ARTICLE VI OF
CHAPTER 39 OF THE SANTA ANA MUNICIPAL

CODE RELATING TO WATER CONSERVATION
WHEREAS, California Water Code Section 375 et seq. authorizes the adoption of a water conservation ordinance after notice and a public hearing; and WHEREAS, in order to conserve water supplies, California Water Code Section 375 et seq. permits public entities that supply water at retail to: (1) adopt water conservation programs; and (2) enforce such programs. To minimize or avoid any future shortage, the City Council therefore establishes this comprehensive water conservation program pursuant to California Water Code Section 375 et seq. and the City’s police power; and
WHEREAS, a reliable minimum supply of potable water is essential to the public health, safety and welfare of the people and economy of the southern California region; and
WHEREAS, the protection, conservation, and management of local and imported water supplies are one of the main functions of the City of Santa Ana as a domestic water purveyor. The City has the power to perform all acts necessary to carry out fully the provision of California Water Code Section 375, to establish rules and regulations for the distribution of use of water, and to undertake a water conservation program to promote efficient water use and reduce water waste; and
WHEREAS, wasteful water use practices constitute a potential threat to, and an unacceptable diminution of, the City’s water supplies. The prevention of water waste is an economically and environmentally feasible way to protect, conserve, and prevent unacceptable diminution of the City’s water supplies; and WHEREAS, careful water management that includes active water conservation measures not only in times of drought, but at all times, is essential to ensure a reliable minimum supply of water to meet current and future water supply needs; and WHEREAS, Article XI, Section 7 of the California Constitution declares that a city or county may make and enforce within its limits all local, police, sanitary and other ordinances and regulations not in conflict with general laws; and City Council 12 – 1 4/5/2022
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WHEREAS, Article X, Section 2 of the California Constitution declares that the general welfare requires that water resources be put to beneficial use, waste or unreasonable use or unreasonable method of use of water be prevented, and conservation of water be fully exercised with a view to the reasonable and beneficial use thereof; and
WHEREAS, California Water Code Section 375 authorizes water suppliers to adopt and enforce a comprehensive water conservation program to reduce water consumption and conserve supplies; and
WHEREAS, contamination, drought, or failure of the water system infrastructure may lead to a potable water shortage emergency in the City’s water supplies; and WHEREAS, California, including Orange County, experienced significant dry year conditions in 2012-2017, which led local water agencies to declare water shortage conditions that triggered drought actions; and
WHEREAS, the City has experienced a direct impact on the reliability of available water supplies. The City’s reliability was increased through customer curtailment due to demand management measures implemented with the passing of City Ordinance No. NS2877 in 2015. These actions are specified in the adopted 2020 Urban Water Management Plan and 2020 Water Shortage Contingency Plan, based on levels of drought severity, and provide the legal authority for implementation and enforcement; and WHEREAS, following the end of the drought, the California Legislature modified the Urban Water Management Planning Act in 2018 to include additional water shortage planning requirements. California Water Code has significant updates, specifically to Water Code Section 10632.1 and Section 10632.5 that now mandate new elements to Urban Water Management and Water Shortage Contingency Plans, including an annual drought risk assessment, State Water Shortage Levels and statewide water use prohibitions; and
WHEREAS, as of July 1, 2021, the City is required to prepare an Annual Water Supply and Demand Assessment and Drought Risk Assessment as part of the Urban Water Management Plan for submission to the California Department of Water Resources. Annually, by July 1st of each year, beginning in 2022, the City is required to monitor, report and if declared a drought emergency, then notify the Department of Water Resources, in order to comply with the State’s Water Code 10632.1 reporting requirements; and
WHEREAS, the City adopted a 2020 Urban Water Management Plan that includes water conservation as a necessary and effective component of providing a reliable supply of water to meet the needs of its water customers. The City’s Urban Water Management Plan also includes the City’s 2020 Water Shortage Contingency Plan; and City Council 12 – 2 4/5/2022
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WHEREAS, the City’s Water Shortage Contingency Plan establishes standards and procedures to enable implementation and enforcement of local water shortage contingency measures. These measures align with the State of California, Water Code Section 353 which specifies that “when the governing body has so determined and declared the existence of an emergency condition of water shortage within its service area, it shall thereupon adopt such regulations and restrictions on the delivery of water and the consumption within said area of water supplied for public use as will in the sound discretion of such governing body conserve the water supply for the greatest public benefit with particular regard to domestic use, sanitation, and fire prevention”; and WHEREAS, the City currently has a water conservation ordinance set forth in Article VI of Chapter 39 of the Santa Ana Municipal Code; and WHEREAS, the City wishes to update this ordinance to be consistent with the new requirements of the updated California Water Code Section 10632 and the City’s updated 2020 Urban Water Management Plan and 2020 Water Shortage Contingency Plan; and WHEREAS, to effectively update Article VI of Chapter 39, it is necessary that Article VI of Chapter 39 be repealed and reenacted.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS:

Section 1. Chapter 39 of Article VI of the Santa Ana Municipal Code is hereby repealed in its entirety.

Section 2. Chapter 39 of Article VI of the Santa Ana Municipal Code is hereby reenacted in its entirety to read as follows:

ARTICLE VI. WATER CONSERVATION
DIVISION 1. GENERALLY
Sec. 39-84. – Purpose.

This article establishes water management requirements necessary to conserve water, enable effective water supply planning, assure reasonable and beneficial use of water, prevent waste of water, and prevent unreasonable method of use of water within the City of Santa Ana in order to assure adequate supplies of water to meet the needs of the public, and further the public health, safety, and welfare, recognizing that water is a scarce natural resource that requires careful management not only in times of drought, but at all times.

Sec. 39-85 – 39-87. – Reserved.

DIVISION 2. – DEFINITIONS
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Sec. 39-88. – Definitions.

For the purposes of this article, unless otherwise apparent from the context, certain words and phrases used in this article are defined as follows:
“City" shall mean the City of Santa Ana, Orange County, California. “City Manager” means the chief administrative officer of the City of Santa Ana appointed by the City Council.
“Cost" means the actual cost to the Utility, including all labor, material, supplies, equipment and miscellaneous items, together with any applicable indirect and general charges, plus the general administrative overhead, in accordance with the accounting practices of the Utility.
“Customer" means water customer or water user.
“Executive Director of Public Works" means the chief administrative officer of the Public Works Agency of the City of Santa Ana, or his or her designee. “Flow restricting device” or “flow restrictor” means a fitting inserted into the service connection to reduce flow capacity.
“Grower” refers to those engaged in the growing plant material or raising animals. “Landscape Irrigation System” means an irrigation system with pipes, hoses, spray heads, or sprinkling devices that are operated by hand or through an automated system.
“New construction” means, for the purposes of this article, a new building with a landscape or other new landscape such as a park, playground, or greenbelt without an associated building.
“Permit” means an authorizing document issued by local agencies for new construction or rehabilitated landscape.
“Person" shall mean any natural person, corporation, partnership, government entity or subdivision, trust, estate, cooperative association, joint venture, business entity, or other similar entity, or the agent, employee or representative of any of the above. “Potable Water” means water that is suitable for drinking. “Recycled water” or “reclaimed water” means treated or recycled waste water of a quality suitable for non-potable uses such as landscape irrigation and water features.

This water is not intended for human consumption.

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“Service connection” means the pipe or tubing, fittings, and valves necessary to conduct water from the distribution main to and through the meter. “Single Pass Cooling Systems” means equipment where water is circulated only once to cool equipment before being disposed.
“Valve” means a device used to control the flow of water. "Water Allocation" shall mean the amount of water a customer may use in a billing cycle pursuant to this article.
“Water customer” means the person in whose name service is rendered as evidenced by the signature on the application, contract or agreement for that service, or in the absence of a signed instrument, by the receipt and payment of bills regularly issued in his/her name, regardless of the identity of the actual user of the service. “Water feature” or “feature” means a design element where open water performs an aesthetic or recreational function. Water features include ponds, lakes, waterfalls, fountains, artificial streams, spas, and swimming pools (where water is artificially supplied). The surface area of water features is included in the high water use hydrozone of the landscaped area. Constructed wetlands used for on-site wastewater treatment, habitat protection or storm water best management practices that are not irrigated and used solely for water treatment or storm water retention are not water features and, therefore, are not subject to the water budget calculation. “Water Shortage Emergency" shall mean a condition existing within the City of Santa Ana in which the ordinary water demands and requirements of persons within the City cannot be satisfied without depleting the water supply of the City to the extent that there would be insufficient water for human consumption, sanitation, and fire protection. A water shortage emergency includes both an immediate emergency, in which the City is unable to meet current water needs of persons within its jurisdiction, as well as a threatened water shortage, in which the City determines that its supply cannot meet an increased future demand.
“Water user” means any user of water including a water customer.

DIVISION 3. – RESERVED.

Sec. 39-89 – 39-95. – Reserved.

DIVISION 4. – REGULATIONS GOVERNING WATER CONSERVATION
PHASES
Sec. 39-96. – Applications.

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(a) The provisions of this article apply to any Customer, Person, and property using water provided by and/or used within the City.
(b) The provisions of this article do not apply to uses of water necessary to protect public health and safety or for essential government services, such as police, fire, and other similar emergency services.
(c) The provisions of this article do not apply to the use of Recycled Water, with the exception of Section 39-99, as Recycled Water is considered a valuable source of water.
(d) The provisions of this article do not apply to the use of water by commercial nurseries and commercial growers to sustain plants, trees, shrubs, crops or other vegetation intended for commercial sale, with the exception of Section 39-99. (e) The provisions of this article do not apply to the use of water from private wells, with the exception of Section 39-99.
(f) This article is intended solely to further the conservation of water. It is not intended to implement any provision of federal, State, or local statutes, ordinances, or regulations relating to protection of water quality or control of drainage or runoff.

Sec. 39-97. – Procedures for Determination of Water Supply Shortage and Level Implementation.
(a) Under Water Code Section 10632.1, the City is required to submit a water shortage assessment “report” to the California Department of Water Resources by July 1 of each year.
(b) The City will follow a written decision-making process defined in the Water Shortage Contingency Plan (WSCP) to assess water supply reliability on an annual basis.
(c) The Executive Director of Public Works will determine if a water shortage exists based on the water shortage criteria and levels defined in the WSCP. (d) In the event a water shortage is triggered according to the procedures and conditions defined in the adopted WSCP, the City Council shall make findings of water supply shortage and declare the applicable water conservation phase by resolution. The implemented phase of the water supply shortage shall be in effect until the City Council declares that the water supply shortage has ended or until another phase has been implemented.
(e) The public will be informed of the shortage according to the Procedures and Protocols for Communication identified in Section 39-98 of this Ordinance.

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(f) Subject to subsequent ratification by the City Council, when the Executive Director of Public Works determines that a sudden event has, or threatens to, significantly diminish the reliability or quality of the City’s water supply, the Executive Director of Public Works may declare a catastrophic water supply shortage and impose emergency water allocation or conservation actions as deemed necessary, in the Executive Director of Public Works’ professional judgment, to protect the reliability and quality of the City's water supply, until the emergency passes or the City takes other action.

Sec. 39-98. – Procedures and Protocols for Communication.

Upon declaration of a Water Shortage, the City will inform all relevant stakeholders, such as Customers, the public, interested parties, and local, regional, and state governments, of the effective date of the water shortage response actions associated with the relevant level according to the communication procedures identified in the City’s WSCP, including:
(a) Any current or predicted shortages as determined by the annual water supply and demand assessment.
(b) Any shortage response actions triggered or anticipated to be triggered by the annual water supply and demand assessment.
(c) Any other relevant communications.

Sec. 39-99. – Permanent Water Conservation Requirements – Prohibition Against Water Waste.

The following water conservation requirements are effective at all times and are permanent. Violations of this section will be considered waste and an unreasonable use of water. Noncompliance with restrictions on water waste shall be subject to an administrative citation.
(a) Watering of a lawn, landscape or other vegetated area between the hours of 8:00 a.m. and 6:00 p.m. is prohibited. Hand-held water cans, buckets, or similar containers reasonably used to convey water for irrigation purposes are not subject to these time restrictions. Similarly, a hand-held hose equipped with a fully functioning, positive self-closing water shut-off nozzle, may be used during the otherwise restricted period. If necessary, and for very short periods of time, for the express purpose of adjusting or repairing a landscape irrigation system, one may operate a landscape irrigation system during the otherwise restricted period. (b) Washing down sidewalks, walkways, driveways, parking areas, or other hard or paved surfaces is prohibited, except to alleviate safety or sanitary hazards using a handheld container, hose with an automatic shut-off device, or a low-volume highpressure cleaning machine that recycles used water.

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(c) Watering or irrigating of any lawn, landscape or other vegetated area in a manner that causes or allows excessive water flow or runoff from the property onto an adjoining sidewalk, driveway, street, alley, gutter or ditch is prohibited. (d) The use of water to irrigate outdoor landscapes during or within forty-eight (48) hours after measurable rainfall is prohibited.
(e) Using water to wash or clean a vehicle, including but not limited to any automobile, truck, van, bus, motorcycle, boat or trailer, is prohibited, except by use of a handheld bucket or hand-held hose equipped with a positive self-closing device or water shut-off nozzle. This subsection does not apply to any commercial car washing facility.
(f) The use of water to clean, fill, or maintain levels in decorative fountains, ponds, lakes, or other similar aesthetic structures, unless such water is part of a recirculating system, is prohibited. The only exceptions shall be a water feature currently listed in the National Register of Historic Places, where water use is deemed necessary for the integrity of the feature, or a water feature that has been issued a waiver from the City.
(g) All leaks, breaks, or other malfunctions in the water user's plumbing, irrigation or distribution system must be repaired within seventy-two (72) hours, unless other arrangements are made with the City.
(h) No restaurant, hotel, café, cafeteria or other public place where food is sold, served or offered for sale shall serve drinking water to any customer unless expressly requested.
(i) Hotels, motels and other commercial lodging establishments must provide customers the option to opt out of towels and linen laundering service. Commercial lodging establishments must prominently display notice of this option in each bathroom using simple and easily understood language.
(j) Food preparation establishments such as restaurants or cafes are prohibited from using non-water efficient kitchen pre-rinse spray valves. (k) Installation of single pass cooling systems is prohibited in any new or remodeled buildings.
(l) Commercial car wash system: Effective on January 1, 2012, all commercial conveyor car wash systems must have installed operational re-circulating water systems or must have secured a waiver of this requirement from the City. (m) Installation of non-recirculating water systems is prohibited in new commercial conveyor car wash and new commercial laundry systems unless a waiver from the City has been obtained.

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(n) Watering or irrigation with a device that is not continuously attended is limited to fifteen (15) minutes per day per valve. Low flow drip type systems, water efficient stream rotor systems, and sensor/weather-controlled systems are exempt. (o) Any new planting should be performed with drought tolerant plants, as listed in the Metropolitan Water District of Southern California's list of California friendly plants. (p) Irrigating ornamental turf on public street medians is prohibited. (q) Use a shutoff nozzle on hoses is required at all times. (r) Unauthorized use of hydrants is prohibited. Authorization for use must be obtained from the City.

Sec. 39-100. – Water Shortage Levels.

The City’s Water Shortage Contingency Plan defines six water supply shortage levels corresponding to progressive ranges of up to 10, 20, 30, 40, and 50 percent shortages and a greater than 50 percent shortage.

The City Council by resolution shall require or impose reductions in the use of water if such reductions are necessary in order for the City to comply with water use restrictions imposed by federal, state or regional water agencies, or to respond to local or regional water shortage conditions and emergencies, as defined in the City’s Water Shortage Contingency Plan. Depending on the expected duration and severity of the shortage, these measures may include, but are not limited to, some or all of the water conservation management measures listed for each of the six (6) water supply shortage levels listed below and in the WSCP, which shall take effect upon declaration by the City Council. In an emergency, the Executive Director of Public Works may make the declaration, which will be ratified by the City Council at a subsequent meeting.

During each elevated water supply shortage level, the water conservation/demand management measures will include the Permanent Water Conservation Requirements and the water conservation management measures of the previous level(s). Each level is intended to be more restrictive than the previous level(s). The City may implement other prohibited water uses as determined by the City, after notice to Customers. (a) Water Shortage Level 0
Water Shortage Level 0 exists during periods when the City anticipates no supply reductions. City’s Permanent Water Conservation Requirements (Sec. 39-99) are in place at all times to prevent waste and unreasonable use of water. (b) Water Shortage Level 1
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Water Shortage Level 1 exists when the City determines, in its sole discretion, that due to drought or other water supply restrictions, a water supply shortage exists and a consumer demand reduction of up to 10% is necessary to make more efficient use of water and appropriately respond to existing water restrictions. In addition to the Permanent Water Conservation Requirements, the demand reduction actions provided in the most recent WSCP apply, including but not limited to:
(1) Watering of a lawn, landscape or other turf areas between the hours of 6:00 a.m. and 6:00 p.m. is prohibited, except by use of hand-held device, hose equipped with an automatic shutoff device, or for adjusting or repairing an irrigation system for short periods of time. (2) All leaks, breaks, or other malfunctions in the water user's plumbing, irrigation or distribution system must be repaired within seventy-two (72) hours of notification by the City, unless other arrangements are made with the City.
(3) All non-essential water use for public entities shall cease. (c) Water Shortage Level 2
Water Shortage Level 2 exists when the City determines, in its sole discretion, that due to drought or other water supply restrictions, a water supply shortage exists and a consumer demand reduction of 11-20% is necessary to make more efficient use of water and appropriately respond to existing water restrictions. In addition to the above-mentioned requirements and Permanent Water Conservation Requirements, the demand reduction actions provided in the most recent WSCP apply, including but not limited to:
(1) All leaks, breaks, or other malfunctions in the water user's plumbing, irrigation or distribution system must be repaired within forty-eight (48) hours of notification by the City, unless other arrangements are made with the City.
(2) Irrigation shall be limited to two (2) days per week turf watering when using potable water. Plant containers, trees, shrubs and vegetable gardens may be watered additional days using only drip irrigation or hand watering. (3) Filling or re-filling ornamental lakes is prohibited. Ornamental lakes and ponds that sustain aquatic life of significant value and were actively managed prior to the shortage declaration are exempt.
(4) Subject to applicable law, the City may impose drought rates and surcharges if deemed necessary.

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(5) The City may reduce potable water allocations in all categories to meet the available water supply.
(d) Water Shortage Level 3
Water Shortage Level 3 exists when the City determines, in its sole discretion, that due to drought or other water supply restrictions, a water supply shortage exists and a consumer demand reduction of 21-30% is necessary to make more efficient use of water and appropriately respond to existing water restrictions. In addition to the above-mentioned requirements and Permanent Water Conservation Requirements, the demand reduction actions provided in the most recent WSCP apply, including but not limited to:
(1) Decorative water features that use potable water must be drained and kept dry.
(2) Car washing is only permitted using a commercial car wash that recirculates water or by high-pressure/low-volume wash systems.
(3) Any new construction will be required to submit a water use plan to the City that addresses the impacts to the existing water users and how they will be mitigated (such as dust control, etc.).
(4) Except for landscapes watered with non-potable water, the installation of new landscaping is limited to drought tolerant trees, shrubs and groundcovers. Installation of new turf or hydroseed is prohibited.

Customers may apply for a waiver to irrigate during an establishment period for the installation of new turf or hydroseed.
(5) Turf irrigation shall be limited to 2 days per week when using potable water.

Plant containers, trees, shrubs and vegetable gardens may be watered additional days using only drip irrigation or hand watering. (e) Water Shortage Level 4
Water Shortage Level 4 exists when the City determines, in its sole discretion, that due to drought or other water supply restrictions, a water supply shortage exists and a consumer demand reduction of 31-40% is necessary to make more efficient use of water and appropriately respond to existing water restrictions. In addition to the above-mentioned requirements and Permanent Water Conservation Requirements, the demand reduction actions provided in the most recent WSCP apply, including but not limited to:
(1) Irrigation shall be limited to one (1) day per week turf watering when using potable water. Plant containers, trees, shrubs and vegetable gardens may be watered additional days using only drip irrigation or hand watering.

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(2) Existing pools shall not be emptied and refilled using potable water, unless required for public health and safety purposes.
(3) No new permits for pools will be issued.
(4) No new landscape installations or renovations will be permitted. (5) Previous waivers for watering during an establishment period will be revoked.
(f) Water Shortage Level 5
Water Shortage Level 5 exists when the City determines, in its sole discretion, that due to drought or other water supply restrictions, a water supply shortage exists and a consumer demand reduction of 41-50% is necessary to make more efficient use of water and appropriately respond to existing water restrictions. In addition to the above-mentioned requirements and Permanent Water Conservation Requirements, the demand reduction actions provided in the most recent WSCP apply, including but not limited to:
(1) All leaks, breaks, or other malfunctions in the water user's plumbing, irrigation or distribution system must be repaired within twenty-four (24) hours of notification by the City, unless other arrangements are made with the City.
(2) All irrigation is prohibited.
(3) Watering for agricultural or commercial nursery purposes is prohibited. (4) Watering of all golf course areas is prohibited.
(5) Watering of parks, school grounds and recreation fields is prohibited, except for rare plant or animal species.
(6) No new potable water service connections will be permitted. (7) Water use is only permitted for public health and safety purposes. (g) Water Shortage Level 6
Water Shortage Level 6 exists when the City determines, in its sole discretion, that due to drought or other water supply restrictions, a water supply shortage exists and a consumer demand reduction of greater than 50% is necessary to make more efficient use of water and appropriately respond to existing water restrictions. In addition to the above-mentioned requirements and Permanent Water City Council 12 – 12 4/5/2022
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Conservation Requirements, the demand reduction actions provided in the most recent WSCP apply, including but not limited to:
(1) Water can only be used for public health and safety purposes. Customer rationing may be implemented.
(2) Water usage for air conditioning is prohibited.
(3) The City may shut off all non-essential water services. (4) Water for commercial manufacturing or processing purposes shall be reduced in volume by up to 50% or more if necessary for public health and safety purposes.
(5) The City of Santa Ana may discontinue service to consumers who willfully violate any water conservation provisions.

Sec. 39-101. – Correlation Between City Water Supply Shortage Levels and California Department of Water Resources Water Supply Shortage Levels.

The City’s water supply shortage levels are aligned with the State Water Supply Shortage Levels and therefore comply with Water Code Section 10632(a)(3) as may be updated from time to time.

Sec. 39-102. – Levels of Declared Water Supply Shortage.

The City Council is authorized to require or impose reductions in the use of water by resolution if such reductions are necessary to comply with Water Supply Shortage conditions as defined in the City’s Water Shortage Contingency Plan.

Sec. 39-103. – Hardship Waiver.
(a) Waiver: If, due to unique circumstances, a specific requirement of this article would result in undue hardship to a Person using water or to property upon which water is used, then the Person may apply for a waiver from the requirements as provided in this section. Unless specified otherwise at the time a waiver is approved, the waiver will apply to the subject property during the period of the mandatory water supply shortage condition.
(1) Application for a Waiver. Application for a waiver must be on a form prescribed by the Executive Director of the Public Works Agency, or his or her designee.
(2) Supporting Documentation. The written application shall be accompanied by photographs, maps, drawings, or other pertinent information as applicable, including a written statement of the applicant.

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(3) Required Findings for Waiver. Based on the information and supporting documents provided in the application, additional information provided as requested, and water use information for the property as shown by the records of the City, the Executive Director of the Public Works Agency, or designee, in making the waiver determination, will take into consideration the following:
(A) That the waiver does not constitute a grant of special privilege inconsistent with the limitation upon other City water service Customers;
(B) That because of special circumstances applicable to the property or its use, the strict application of this article would have a disproportionate impact on the property or use that exceeds the impacts to water service Customers generally;
(C)That the authorizing of such waiver will not be of substantial detriment to adjacent properties, and will not materially affect the ability of the City to effectuate the purpose of this article and will not be detrimental to the public interest;
(D)That the condition or situation of the subject property or the intended use of the property for which the waiver is sought is not common, recurrent or general in nature; and
(E) That no Person shall be given relief on appeal for hardship unless the water service Customer has installed water saving devices, as determined by the City, and made every reasonable effort to reduce water use.
(b) Approval Authority. The Executive Director of the Public Works Agency, or designee, will act upon any completed application after submittal and may approve, conditionally approve, or deny the waiver. The applicant requesting the waiver will be promptly notified in writing of the action taken. The decision of the Executive Director of the Public Works Agency, or designee, is final.

Sec. 39-104. – Penalties, Violations, and Enforcement.

Noncompliance with restrictions on water waste shall be subject to an administrative citation. The penalties set forth in this section shall be additional to those penalties provided in any other section of this Code. The penalties for failure to comply with any of the prohibited use provisions of this article shall be as follows:
(a) First Violation: The City shall issue a written notice pursuant to section 39-105.

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(b) Second Violation: A second violation within one year from the date of the first violation is punishable by a fine of Two Hundred Fifty Dollars ($250). (c) Third and Subsequent Violation(s): A third violation within one year from the date of the first violation and any subsequent violation is punishable by a fine of Five Hundred Dollars ($500) per notice. In addition to the fine and at the discretion of the Executive Director of Public Works, or his or her designee, the City may implement one or more of the following:
(1) Water Flow Restrictor Device: The City may install a water flow restrictor device of approximately one gallon per minute.
(2) Termination of Service: Subject to applicable law, the City may disconnect and/or terminate a Customer’s water service for a willful violation of mandatory restrictions in this article.
(3) Cost of Restricting Flow or Disconnecting Service: A Person that violates this article is responsible for payment of the City’s charges for disconnecting and/or reconnecting service. All associated costs and fines must be paid in full prior to service restoration. Nonpayment will be subject to the same remedies as nonpayment of basic water rates.
(4) Separate Offenses: Each day that a violation of this ordinance occurs is a separate offense.

Sec. 39-105. – Notice of Violation.
(a) If any Person fails or refuses to comply with this article, the Executive Director of Public Works, or his or her designee, shall provide that Person with written notice of the violation and an opportunity to correct the noncompliance. The written notice shall:
(1) Be posted or presented at the site of the noncompliance; (2) State the time, date, and place of violation;
(3) State a general description of the violation;
(4) State the means to correct the violation;
(5) State a date by which correction is required; and,
(6) State the possible consequences of failing to correct the violation.

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(b) The City will issue a Notice of Violation by mail or personal delivery to the address of the violation, to the party who is billed for the water, or to the owner of the property, as appropriate at least ten (10) calendar days before taking enforcement action. Such notice must describe the violation and the date by which corrective action must be taken.
(c) Pending receipt of a written appeal or pending a hearing pursuant to an appeal, the City may take appropriate steps to prevent the unauthorized use of water as appropriate to the nature and extent of the violations and the current declared Water Shortage Level condition.

Sec. 39-106. – Procedures for Monitoring Compliance and Reporting to the State.

In order to ensure compliance with state reporting requirements and Customer compliance, the City will ensure to collect, track, and analyze relevant data per the procedures defined in the WSCP.

Sec. 39-107. – Reevaluation and Improvement Process of Water Shortage Procedures.

To ensure that water shortage risk tolerance is adequate and appropriate water shortage mitigation strategies are implemented, the WSCP will be reviewed and evaluated as defined by the procedures identified in the WSCP as needed.

Sec. 39-108 – 39-116. – Reserved.

Section 3. The City finds that this article and actions taken hereafter pursuant to this article are exempt from the provisions of the California Environmental Quality Act (CEQA) as specific actions necessary to prevent or mitigate an emergency pursuant to Section 15307 of the CEQA Guidelines.

Section 4. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentence, clauses, phrases, or portions are declared invalid or unconstitutional.

Section 5. This ordinance shall become effective thirty (30) days after its adoption.

Section 6. The Clerk of the Council shall certify the adoption of this ordinance and shall cause the same to be published as required by law.

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ADOPTED this ______ day of _________, 2022.
_______________________
Vicente Sarmiento
Mayor
APPROVED AS TO FORM:

Sonia R. Carvalho, City Attorney
By: _________________________
Brandon Salvatierra
Deputy City Attorney
AYES: Councilmembers _______________________________________ NOES: Councilmembers _______________________________________ ABSTAIN: Councilmembers _______________________________________ NOT PRESENT: Councilmembers _______________________________________ City Council 12 – 17 4/5/2022
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CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Daisy Gomez, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS-XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on _______________, and that said ordinance was published in accordance with the Charter of the City of Santa Ana.

Date: ________________ ____________________________________ Clerk of the Council
City of Santa Ana
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ORDINANCE NO. NS-XXX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

SANTA ANA REPEALING AND REENACTING IN ITS
ENTIRETY ARTICLE II OF CHAPTER 16 OF THE SANTA

ANA MUNICIPAL CODE RELATING TO SOLID WASTE

COLLECTION REGULATIONS
WHEREAS, Assembly Bill 939 of 1989, the California Integrated Waste Management Act of 1989 (California Public Resources Code Section 40000 et seq., as amended, supplemented, superseded, and replaced from time to time), requires cities and counties to reduce, reuse, and recycle (including composting) solid waste generated in their jurisdictions to the maximum extent feasible before any incineration or landfill disposal of waste, to conserve water, energy, and other natural resources, and to protect the environment; and
WHEREAS, State recycling law, Assembly Bill 341 of 2011 (approved by the Governor of the State of California on October 5, 2011, which amended Sections 41730, 41731, 41734, 41735, 41736, 41800, 42926, 44004, and 50001 of, and added Sections 40004, 41734.5, and 41780.01 and Chapter 12.8 (commencing with Section 42649) to Part 3 of Division 30 of, and added and repealed Section 41780.02 of, the Public Resources Code, as amended, supplemented, superseded and replaced from time to time), places requirements on businesses and multi-family property owners that generate a specified threshold amount of solid waste to arrange for recycling services and requires jurisdictions to implement a mandatory commercial recycling program; and WHEREAS, State organics recycling law, Assembly Bill 1826 of 2014 (approved by the Governor of the State of California on September 28, 2014, which added Chapter

12.9 (commencing with Section 42649.8) to Part 3 of Division 30 of the Public Resources Code, relating to solid waste, as amended, supplemented, superseded, and replaced from time to time), requires businesses and multi-family property owners that generate a specified threshold amount of solid waste, recycling, and organic waste per week to arrange for recycling services for that waste, requires jurisdictions to implement a recycling program to divert organic waste from businesses subject to the law, and requires jurisdictions to implement a mandatory commercial organics recycling program; and
WHEREAS, Senate Bill 1383 (SB 1383), the Short-lived Climate Pollutant Reduction Act of 2016, requires the California Department of Resources Recycling and Recovery (CalRecycle) to develop regulations to reduce organics in landfills as a source of methane. As adopted by CalRecycle, these SB 1383 regulations (SB 1383 Regulations) place requirements on multiple entities, including jurisdictions, residential households, commercial businesses and business owners, commercial edible food generators, haulers, self-haulers, food recovery organizations, and food recovery services, to support achievement of statewide organic waste disposal reduction targets; and
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WHEREAS, SB 1383 requires jurisdictions to adopt and enforce an ordinance or enforceable mechanism to implement relevant provisions of the SB 1383 Regulations.

Such an ordinance will also help reduce food insecurity by requiring commercial edible food generators to arrange to have the maximum amount of their edible food, that would otherwise be disposed, be recovered for human consumption; and WHEREAS, this Ordinance implements the requirements of the SB 1383 Regulations by updating Article II (Solid Waste Collection Regulations) of Chapter 16 of the Santa Ana Municipal Code (Garbage, Trash and Weeds); and WHEREAS, to effectively update Article II of Chapter 16, it is necessary that Article II of Chapter 16 be repealed and reenacted in its entirety.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIORNIA, DOES HEREBY ORDAIN AS FOLLOWS:

Section 1. The recitals above are each incorporated by reference and adopted as findings by the City Council.

Section 2. Article II (Solid Waste Collection Regulations) of Chapter 16 of the Santa Ana Municipal Code (Garbage, Trash and Weeds) is hereby repealed in its entirety.

Section 3. Article II (Solid Waste Collection Regulations) of Chapter 16 of the Santa Ana Municipal Code (Garbage, Trash and Weeds) is hereby reenacted in its entirety to read as follows:

ARTICLE II. – SOLID WASTE COLLECTION REGULATIONS
Sec. 16-28. - Short title.

This article shall be known and may be cited as the “Municipal Solid Waste Collection Regulations” of the city.

Sec. 16-28.5. - Purpose of this article.

It is in the public interest, health and safety that the collection, transportation and recycling, diversion by means of composting, mulching, and/or transforming, and disposal of all discarded materials in the city be regulated by the city. In order for the city to both manage the discarded materials generated within the city and to comply with California’s regulatory requirements and any amendments made thereto, the city deems it necessary to provide rules and regulations relating to solid waste.

Sec. 16-29. - Definitions.

Applicant shall mean any individual, firm, limited liability company, association, partnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever who applies to the city for the City Council 13 – 2 4/5/2022
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applicable permits to undertake any construction, demolition, or renovation project within the city.

Bin service shall mean all solid waste collection services provided by means of front-loaded collection bins of various sizes.

Blue container has the same meaning as in 14 CCR Section 18982(a)(5) and shall be used for the purpose of storage and collection of source separated recyclable materials or source separated blue container organic waste.

Brown container has the same meaning as in 14 CCR Section 18982(a)(5.5) and shall be used for the purpose of storage and collection of source separated food waste.

Bulky items shall mean solid waste that cannot and/or would not typically be accommodated within a container, including specifically: furniture (including chairs, sofas, mattresses, and rugs); appliances (including refrigerators, ranges, washers, dryers, water heaters, dishwashers, plumbing, small household appliances and other similar items, commonly known as “white goods”); up to twenty (20), thirty (30) gallon bags of green waste (including wood waste, tree branches, scrap wood); and electronic equipment (including stereos, televisions, computers and monitors, VCRs, microwaves and other similar items commonly known as “brown goods” and “e-waste”). Bulky items do not include car bodies, tires, construction and demolition solid waste or items requiring more than two persons to remove. Other items not specifically included or excluded above will be collected provided that they are not more than eight feet in length, four feet in width, or more than 150 pounds.

C&D or construction and demolition debris shall mean construction and demolition solid waste.

California Code of Regulations or CCR shall mean the State of California Code of Regulations. CCR references in this article are preceded with a number that refers to the relevant Title of the CCR (e.g., “14 CCR” refers to Title 14 of CCR).

California Integrated Waste Management Act shall mean that act codified by California Public Resources Code Sections 40000 et seq., and any subsequent amendments thereto.

CalGreen means the California Green Building Standards Code.

CalRecycle shall mean California’s Department of Resources Recycling and Recovery, which is the department designated with responsibility for developing, implementing, and enforcing SB 1383 regulations on jurisdictions and other regulated entities.

Cart shall mean a plastic container with a hinged lid and wheels serviced by automated or semi-automated collection vehicles and with a container capacity of no less than 30 gallons and no greater than 101 gallons and furnished or supplied to each curbside service unit in the city by the city or its solid waste collection contractor for the City Council 13 – 3 4/5/2022
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placement of gray container, blue container, brown cart and/or green container discarded materials.

City shall mean the city of Santa Ana
City enforcement official shall mean the city manager, executive director, or their authorized designee(s) who is/are partially or wholly responsible for enforcing this article.

Collect or collection shall mean the act of taking physical possession of discarded materials at single-family, multifamily, or commercial premises within the city and from city facilities and transporting the discarded materials to an approved/designated facility for processing, transfer, or disposal.

Commercial business or commercial shall mean a firm, partnership, proprietorship, joint-stock company, corporation, or association, whether for-profit or nonprofit, strip mall, industrial facility, or a multifamily residential dwelling, or as otherwise defined in 14 CCR Section 18982(a)(6).

Commercial/industrial bin service shall mean bin service which is provided by the city's solid waste collection contractor to commercial and/or industrial units and/or a multifamily residential dwelling with 3 or more units.

Commercial edible food generator includes a tier one commercial edible food generator or a tier two commercial edible food generator, or as otherwise defined in 14 CCR Section 18982(a)(73) and (a)(74). For the purposes of this definition, food recovery organizations and food recovery services are not commercial edible food generators, or as otherwise specified by 14 CCR Section 18982(a)(7).

Commercial premises has the same meaning as commercial business or commercial.

Community composting shall mean any activity that composts green material, agricultural material, food material, and vegetative food material, alone or in combination, and the total amount of feedstock and compost on-site at any one time does not exceed 100 cubic yards and 750 square feet, as specified in 14 CCR Section 17855(a)(4); or as otherwise defined in 14 CCR Section 18982(a)(8).

Compliance review shall mean a review of records by a city to determine compliance with this article.

Compostable plastics or compostable plastic shall mean plastic materials that meet the ASTM D6400 standard for compostability, or as otherwise described in 14 CCR Section 18984.1(a)(1)(A) or 18984.2(a)(1)(C).

Compost has the same meaning as in 14 CCR Section 17896.2(a)(4), which stated, as of the effective date of this article, that “compost” means the product resulting from the controlled biological decomposition of organic solid wastes that are source separated from the municipal solid waste stream, or which are separated at a centralized facility.

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Composting shall mean a method of waste treatment which produces a product meeting the definition of compost herein.

Composting facility means a state permitted solid waste facility at which composting is conducted and which produces a product meeting the definition of compost.

Construction and demolition solid waste or construction and demolition debris shall mean the nonhazardous waste building material, inerts, soil, organic waste, yard trimmings, packaging, and rubble resulting from construction, remodeling, repair and demolition operations on streets, pavements, houses, commercial buildings, and other structures.

Containers shall mean any and all types of solid waste receptacles, including carts, bins, and roll-off boxes provided by the solid waste collection contractor.

Container contamination or contaminated container means a container, regardless of color, that contains prohibited container contaminants, or as otherwise defined in 14 CCR Section 18982(a)(55).

County agency enforcement official shall mean a county agency enforcement official, designated by the city with responsibility for enforcement in conjunction or consultation with the city enforcement official.

Covered project means all demolition and building permits subject to the requirements of the California Green Building Standards Code. Covered projects are required to meet the minimum diversion requirements of the California Green Building Standards Code for all C&D debris generated by the project.

Curbside service unit shall mean each single-family residence and duplex unit which receives curbside collection services provided by the city's solid waste collection contractor. This shall include commercial curbside users and any multifamily, business or professional user which does not require bin service as determined by the executive director of public works.

Discarded materials are included in the definition of solid waste. For purposes of this article, material is deemed to have been discarded, whether it is destined for recycling or disposal, and whether or not it has been separated from other solid wastes, in all cases where a fee or other compensation, in any form or amount, is directly or indirectly solicited from, or is levied, charged, or otherwise imposed on, or paid by, the generator or customer in exchange for handling services. As used herein, handling services include, without limitation, the collection, removal, transportation, delivery, and processing and/or disposal of the material. Handling services specifically exclude the generator’s use of a third party to assist the generator with on-site separation of materials into and among contractorprovided containers to facilitate recovery and minimize contamination. For the purposes of this article, discarded materials include source separated recyclable materials, source separated blue container organic waste, source separated green container organic waste, source separated brown container organic waste, food waste, non-recyclable gray container waste, and C&D, once the materials have been placed in containers for City Council 13 – 5 4/5/2022
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collection. Discarded materials do not include edible food that is recovered for human consumption and is not discarded.

Diversion requirement means the CALGreen-applied percentage of C&D debris generated by a covered project that must be diverted from landfills.

Divert or to divert or diversion means any combination of recycling, sorting, composting, and/or other processing activities conducted in order to prepare, use and/or market the materials for reuse, remanufacture, reconstitution, or to otherwise return the material to the economic marketplace and to prevent the materials from being disposed in a landfill.

Edible food shall mean food intended for human consumption, or as otherwise defined in 14 CCR Section 18982(a)(18). For the purposes of this article or as otherwise defined in 14 CCR Section 18982(a)(18), edible food is not solid waste if it is recovered and not discarded. Nothing in this article or in Title 14 CCR, Division 7, Chapter 12 requires or authorizes the recovery of edible food that does not meet the food safety requirements of the California Retail Food Code.

Enforcement action shall mean an action of the city to address non-compliance with this article, including, but not limited to, a warning, a notice of violation, issuing administrative citations, fines, infractions, penalties, or using other remedies.

Excluded waste shall mean hazardous substance, hazardous waste, infectious waste, designated waste, volatile, corrosive, medical waste, infectious, regulated radioactive waste, and toxic substances or material that facility operator(s), which receive materials from the city and its generators, reasonably believe(s) would, as a result of or upon acceptance, transfer, processing, or disposal, be a violation of local, State, or Federal law, regulation, or ordinance, including: land use restrictions or conditions, waste that cannot be disposed of in Class III landfills or accepted at the facility by permit conditions, waste that in city’s, or its designee’s reasonable opinion, would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose city, or its designee, to potential liability; but not including de minimis volumes or concentrations of waste of a type and amount normally found in single-family or multifamily solid waste after implementation of programs for the safe collection, processing, recycling, treatment, and disposal of batteries and paint in compliance with Sections 41500 and 41802 of the California Public Resources Code. Excluded waste does not include used motor oil and filters, household batteries, universal wastes, and/or sharps when such materials are defined as allowable materials for collection through the city’s collection programs and the generator or customer has properly placed the materials for collection pursuant to instructions provided by city or its designee for collection services.

Executive director shall mean the Executive Director of Public Works of the city of Santa Ana, or his or her designee.

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Food distributor shall mean a company that distributes food to entities including, but not limited to, supermarkets and grocery stores, or as otherwise defined in 14 CCR Section 18982(a)(22).

Food facility shall mean an operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption at the retail level, pursuant to Section 113789 of the Health and Safety Code.

Food recovery shall mean actions to collect and distribute food for human consumption which otherwise would be disposed, or as otherwise defined in 14 CCR Section 18982(a)(24).

Food recovery organization shall mean an entity that primarily engages in the collection or receipt of edible food from commercial edible food generators and distributes that edible food to the public for food recovery either directly or through other entities, including, but not limited to: a food bank as defined in Section 113783 of the Health and Safety Code; a nonprofit charitable organization as defined in Section 113841 of the Health and Safety code; and nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code. A food recovery organization is not a commercial edible food generator for the purposes of this article and implementation of Title 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7). If the definition in 14 CCR Section 18982(a)(25) for food recovery organization differs from this definition, the definition in 14 CCR Section 18982(a)(25) shall apply to this article.

Food recovery service shall mean a person or entity that collects and transports edible food from a commercial edible food generator to a food recovery organization or other entities for food recovery, or as otherwise defined in 14 CCR Section 18982(a)(26).

A food recovery service is not a commercial edible food generator for the purposes of this article and implementation of Title 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).

Food scraps shall mean all food such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, and eggshells. Food scraps excludes fats, oils, and grease when such materials are source separated from other food scraps.

Food service provider shall mean an entity primarily engaged in providing food services to institutional, governmental, commercial, or industrial locations of others based on contractual arrangements with these types of organizations, or as otherwise defined in 14 CCR Section 18982(a)(27).

Food-soiled paper shall mean compostable paper material that has come in contact with food or liquid, such as, but not limited to, compostable paper plates, paper coffee cups, napkins, pizza boxes, and milk cartons.

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Food waste shall mean food scraps and food-soiled paper. Food waste may include compostable plastics, as directed by the City.

Generator shall mean a person or entity that is responsible for the initial creation of one or more types of discarded materials.

Green container has the same meaning as in 14 CCR Section 18982(a)(29) and shall be used for the purpose of storage and collection of source separated green container organic waste.

Green container waste shall mean source separated green container organic waste.

Grocery store shall mean a store primarily engaged in the retail sale of canned food; dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that is not separately owned within the store where the food is prepared and served, including a bakery, deli, and meat and seafood departments, or as otherwise defined in 14 CCR Section 18982(a)(30).

Hauler route shall mean the designated itinerary or sequence of stops for each segment of the city’s collection service area, or as otherwise defined in 14 CCR Section 18982(a)(31.5).

Hazardous wastes shall mean those wastes which, because of their physical or chemical characteristics, cannot be disposed of in a Class III landfill under the applicable laws and regulations of the State of California.

High diversion organic waste processing facility means a facility that is in compliance with the reporting requirements of 14 CCR Section 18815.5(d) and meets or exceeds an annual average mixed waste organic content recovery rate of 50 percent between January 1, 2022 and December 31, 2024, and 75 percent after January 1, 2025, as calculated pursuant to 14 CCR Section 18815.5(e) for organic waste received from the “mixed waste organic collection stream” as defined in 14 CCR Section 17402(a)(11.5); or, as otherwise defined in 14 CCR Section 18982(a)(33).

Inspection shall mean a site visit where a city enforcement official reviews records, containers, and an entity’s collection, handling, recycling, or landfill disposal of organic waste, construction and demolition solid waste, recyclable materials, and/or edible food handling to determine if the entity is complying with requirements set forth in this article, or as otherwise defined in 14 CCR Section 18982(a)(35).

Large event shall mean an event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than 2,000 individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event.

If the definition in 14 CCR Section 18982(a)(38) differs from this definition, the definition in 14 CCR Section 18982(a)(38) shall apply to this article.

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Large venue shall mean a permanent venue facility that annually seats or serves an average of more than 2,000 individuals within the grounds of the facility per day of operation of the venue facility. For purposes of this article and implementation of Title 14 CCR, Division 7, Chapter 12, a venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. For purposes of this article and implementation of Title 14 CCR, Division 7, Chapter 12, a site under common ownership or control that includes more than one large venue that is contiguous with other large venues in the site, is a single large venue. If the definition in 14 CCR Section 18982(a)(39) differs from this definition, the definition in 14 CCR Section 18982(a)(39) shall apply to this article.

Local education agency shall mean a school district, charter school, or county office of education that is not subject to the control of city or county regulations related to solid waste, or as otherwise defined in 14 CCR Section 18982(a)(40).

Multifamily residential premises or multifamily residential building means of, from, or pertaining to residential premises with three (3) or more dwelling units. Multifamily premises do not include hotels, motels, or other transient occupancy facilities, which are considered commercial businesses.

Non-compostable paper includes, but is not limited to, paper that is coated in a plastic material that will not breakdown in the composting process, or as otherwise defined in 14 CCR Section 18982(a)(41).

Non-local entity shall mean the following entities that are not subject to the city’s enforcement authority, or as otherwise defined in 14 CCR Section 18982(a)(42), including: special district(s) located within the boundaries of the city; federal facilities, including military installations, located within the boundaries of the city; prison(s) located within the boundaries of the city; facilities operated by the state park system located within the boundaries of the city; public universities (including community colleges) located within the boundaries of the city; county fairgrounds located within the boundaries of the city; and state agencies located within the boundaries of the city.

Non-organic recyclables shall mean non-putrescible and non-hazardous recyclable wastes including, but not limited to, bottles, cans, metals, plastics, and glass, or as otherwise defined in 14 CCR Section 18982(a)(43). Non-organic recyclables are a subset of source separated recyclable materials.

Non-recyclable gray container has the same meaning as in 14 CCR Section 18982(a)(28) and shall be used for the purpose of storage and collection of nonrecyclable gray container waste.

Non-recyclable gray container waste shall mean solid waste that is collected in a gray container that is part of a three-container organic waste collection service that prohibits the placement of recyclable materials and organic waste in the gray container as specified in 14 CCR Sections 18984.1(a) and (b), or as otherwise defined in 14 CCR City Council 13 – 9 4/5/2022
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Section 17402(a)(6.5).

Notice of violation shall mean a notice that a violation has occurred that includes a compliance date to avoid an action to seek penalties, or as otherwise defined in 14 CCR Section 18982(a)(45) or further explained in 14 CCR Section 18995.4.

Organic waste shall mean solid wastes containing material originated from living organisms and their metabolic waste products, including but not limited to food, green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, paper products, printing and writing paper, manure, biosolids, digestate, and sludges or as otherwise defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are as defined by 14 CCR Section 18982(a). Manure or feces generated by primates or other animals that may present a public health risk shall not be included in the definition of organic waste.

Organic waste generator shall mean a person or entity that is responsible for the initial creation of organic waste, or as otherwise defined in 14 CCR Section 18982(a)(48).

Paper products include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling; or as otherwise defined in 14 CCR Section 18982(a)(51).

Permitted solid waste facility shall mean a solid waste facility for which there exists a solid waste facilities permit issued by the local enforcement agency and concurred by CalRecycle.

Person shall include, without limitation, individuals, schools, colleges and all governmental agencies and entities, associations, clubs, societies, firms, partnerships, sole proprietorships, corporations, including the officers of such associations, corporations, etc.

Printing and writing papers include, but are not limited to, copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, and other uncoated writing papers, posters, index cards, calendars, brochures, reports, magazines, and publications; or as otherwise defined in 14 CCR Section 18982(a)(54).

Processing shall mean the reduction, separation, recovery, conversion or recycling of solid waste.

Prohibited container contaminants shall mean the following: (i) discarded materials placed in the blue container that are not identified as acceptable source separated recyclable materials for the city’s blue container; (ii) discarded materials placed in the green container that are not identified as acceptable source separated green container organic waste for the city’s green container; (iii) discarded materials placed in the brown container that are not identified as acceptable source separated brown container organic waste for the city’s brown container; (iv) discarded materials placed in the non-recyclable gray container that are acceptable source separated recyclable materials and/or source City Council 13 – 10 4/5/2022
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separated green container organic wastes and/or source separated brown container organic waste to be placed in the city’s green container, brown container, and/or blue container; and, (v) excluded waste placed in any container.

Recovered organic waste products shall mean products made from California, landfill-diverted recovered organic waste processed in a permitted or otherwise authorized facility, or as otherwise defined in 14 CCR Section 18982(a)(60).

Recycled-content paper shall mean paper products and printing and writing paper that consists of at least 30 percent, by fiber weight, postconsumer fiber, or as otherwise defined in 14 CCR Section 18982(a)(61).

Recycling means collecting, sorting, cleansing, treating, processing and reconstituting recyclable solid wastes for the purpose of reuse. Recycling includes processes deemed to constitute a reduction of landfill disposal pursuant to Title 14 CCR, Division 7, Chapter 12, Article 2. Recycling does not include gasification or transformation as defined in Public Resources Code Section 40201.

Remote monitoring shall mean the use of the internet of things (IoT) and/or wireless electronic devices to visualize the contents of blue containers, green containers, brown containers, and/or gray containers for purposes of identifying the quantity of materials in containers (level of fill) and/or presence of prohibited container contaminants.

Residential bin service shall mean bin service which is provided by the city's solid waste collection contractor to any and all residential users which request or require such services.

Responsible party shall mean the owner, property manager, tenant, lessee, occupant, or other designee that subscribes to and pays for discarded materials collection services from the city’s solid waste collection contractor for a premises in the city, or, if there is no such subscriber, the owner or property manager of a single-family premises, multifamily premises, or commercial premises. In instances of dispute or uncertainty regarding who is the responsible party for a premises, responsible party shall mean the owner of a single-family premises, multifamily premises, or commercial premises.

Restaurant shall mean an establishment primarily engaged in the retail sale of food and drinks for on-premises or immediate consumption, or as otherwise defined in 14 CCR Section 18982(a)(64).

Roll-off service shall mean solid waste collection from transportable containers of ten (10) cubic yards or larger which are dropped off at residence, commercial or industrial establishments and later removed for collection of contents of said container. Roll-off service includes compactors which may be used with roll-off containers.

Route review shall mean a visual inspection of containers along a hauler route for the purpose of determining container contamination and may include mechanical inspection methods such as the use of cameras, or as otherwise defined in 14 CCR Section 18982(a)(65).

SB 1383 shall mean Senate Bill 1383 of 2016 approved by the Governor on September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to City Council 13 – 11 4/5/2022
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the Health and Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the Public Resources Code, establishing methane emissions reduction targets in a statewide effort to reduce emissions of short-lived climate pollutants, as amended, supplemented, superseded, and replaced from time to time.

SB 1383 regulations or SB 1383 regulatory means or refers to, for the purposes of this article, the Short-Lived Climate Pollutants: Organic Waste Reduction regulations developed by CalRecycle and adopted in 2020 that created Title 14 CCR, Division 7, Chapter 12 and amended portions of regulations of Title 14 CCR and 27 CCR.

Self-hauler shall mean a person, who hauls solid waste, organic waste or recyclable material he or she has generated to another person. Self-hauler also includes a person who back-hauls waste, or as otherwise defined in 14 CCR Section 18982(a)(66).

Back-haul means generating and transporting organic waste to a destination owned and operated by the generator using the generator’s own employees and equipment, or as otherwise defined in 14 CCR Section 18982(a)(66)(A).

Single-family or single-family premises means any residential premises with less than three (3) units.

Solid Waste has the same meaning as defined in Public Resources Code Section 40191, which defines solid waste as all putrescible and nonputrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semisolid wastes, and other discarded solid and semisolid wastes, with the exception that solid waste does not include any of the following wastes:
(1) Hazardous waste, as defined in the Public Resources Code Section 40141. (2) Radioactive waste regulated pursuant to the State Radiation Control Law (Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of the Health and Safety Code).
(3) Medical waste regulated pursuant to the State Medical Waste Management Act (Part 14 (commencing with Section 117600) of Division 104 of the Health and Safety Code). Untreated medical waste shall not be disposed of in a solid waste landfill, as defined in Public Resources Code Section 40195.1. Medical waste that has been treated and deemed to be solid waste shall be regulated pursuant to Division 30 of the Public Resources Code.

Solid waste includes, but is not limited to, yard waste, recyclable materials, organic waste, whether now recyclable or not, generated and/or accumulated by all residential, commercial and industrial sources, and at all construction and demolition sites within the city.

City Council 13 – 12 4/5/2022
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Solid waste collection contractor shall mean the party (other than the city) that executed an exclusive franchise agreement with the city, and its affiliates, DBAs, and subcontractors that perform services on contractor’s behalf.

Source reduction and recycling element means the city's plan for meeting the requirements of California Integrated Waste Management Act.

Source separated shall mean materials, including commingled recyclable materials, that have been separated or kept separate from the solid waste stream, at the point of generation, for the purpose of additional sorting or processing those materials for recycling or reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace, or as otherwise defined in 14 CCR Section 17402.5(b)(4). For the purposes of this article, source-separated shall include separation of materials by the generator, property owner, property owner’s employee, property manager, or property manager’s employee into different containers for the purpose of collection such that source separated materials are separated from non-recyclable gray container waste or other solid waste for the purposes of collection and processing.

Source separated blue container organic waste shall mean source separated organic waste that can be placed in a blue container that is limited to the collection of those organic wastes and non-organic recyclables as defined in Section 18982(a)(43), or as otherwise defined by Section 17402(a)(26.7).

Source separated blue container recyclable materials shall mean source separated non-organic recyclables and source separated blue container organic waste.

Source separated brown container organic waste shall mean source separated organic waste that can be placed in a brown container that is specifically intended for the separate collection of organic waste by the generator, including food waste.

Source separated green container organic waste shall mean source separated organic waste that can be placed in a green container that is specifically intended for the separate collection of organic waste by the generator, including food scraps, food soiled paper, compostable plastics (if directed by the city) and yard waste, and excluding source separated blue container organic waste, carpets, non-compostable paper, and textiles.

Source separated recyclable materials shall mean source separated non-organic recyclables and source separated blue container organic waste.

Supermarket shall mean a full-line, self-service retail store with gross annual sales of two million dollars ($2,000,000), or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items, or as otherwise defined in 14 CCR Section 18982(a)(71).

Three-container system shall mean a collection system in which generators are required to source separate discarded materials into three streams: solid waste, source City Council 13 – 13 4/5/2022
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separated recyclable materials, and source separated organic waste, for placement in containers specifically designated for those materials.

Tier one commercial edible food generator shall mean a commercial edible food generator that is one of the following, each as defined in 14 CCR Section 18982(a)(73):
supermarket; grocery store with a total facility size equal to or greater than 10,000 square feet; food service provider; food distributor; or wholesale food vendor. If the definition in 14 CCR Section 18982(a)(73) of tier one commercial edible food generator differs from this definition, the definition in 14 CCR Section 18982(a)(73) shall apply to this article.

Tier two commercial edible food generator shall mean a commercial edible food generator that is one of the following, each as defined in 14 CCR Section 18982(a)(74):
restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet; hotel with an on-site food facility and 200 or more rooms; health facility with an on-site food facility and 100 or more beds; large venue; large event; a state agency with a cafeteria with 250 or more seats or total cafeteria facility size equal to or greater than 5,000 square feet; or a local education agency with an on-site food facility. If the definition in 14 CCR Section 18982(a)(74) of tier two commercial edible food generator differs from this definition, the definition in 14 CCR Section 18982(a)(74) shall apply to this article.

Uncontainerized green waste and yard waste collection service or uncontainerized service means a collection service that collects green waste and yard waste that is placed in a pile or bagged for collection on the street in front of a generator’s house or place of business for collection and transported to a facility that recovers source separated organic waste, or as otherwise defined in 14 CCR Section 18982(a)(75).

Waste reduction and recycling plan or WRRP shall mean a completed waste management plan form, approved by the city for the purpose of compliance with this article, submitted by the applicant for any CALGreen covered or noncovered project.

The first portion of the form is submitted when applying for a permit, and the second portion when the project is completed.

Wholesale food vendor shall mean a business or establishment engaged in the merchant wholesale distribution of food, where food (including fruits and vegetables) is received, shipped, stored, or prepared for distribution to a retailer, warehouse, distributor, or other destination, or as otherwise defined in 14 CCR Section 18982(a)(76).

Yard waste shall mean any wastes generated from the maintenance or alteration of public, commercial, or residential landscapes, including but not limited to, leaves, yard clippings, tree trimming, brush, weeds, and prunings, which have been source separated from other solid waste. Yard waste is a subset of organic materials and excludes hazardous materials.

Sec. 16-29.5. - Administration.
(a) The executive director may make rules and determinations pertaining to the storage, collection, recycling, diversion, conveyance, and disposal of solid waste City Council 13 – 14 4/5/2022
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consistent with this article and with any resolution or contract of the city council pertaining to the same, including, but not limited to, the following:
(1) The collection day schedules for curbside service and, when necessary to improve sanitation or reduce noise, for residential and/or commercial/industrial bin service.
(2) Determinations as to whether waste material falls within the definition of solid waste.
(3) Determinations as to whether the conditions for receipt of curbside service have been satisfied.
(4) Determinations as to whether processing of solid waste is occurring in compliance with the California Integrated Waste Management Act and the city's source reduction and recycling element.
(5) Determinations as to whether agreements between customers and the city's solid waste collection contractor for special or additional collection services or for bin or roll-off service are reasonable and consistent. (6) Regulations pertaining to periods of labor strike or other circumstances affecting collection services throughout the city. (7) Determinations as to whether residential, multifamily, commercial generators, tier one and tier two edible food generators, food recovery organizations, selfhaulers, and organic waste generators are in compliance with the organics waste diversion requirements as described in this article.
(b) Any person aggrieved by a rule or determination of the executive director of public works shall have the right of appeal to the city manager, who shall have the authority to confirm, modify, or revoke the same.

Sec. 16-30. - Exclusivity and exclusions thereto.
(a) The city and its solid waste collection contractor have the exclusive duty, right, and privilege to collect, transport, process, recycle, divert by means of composting, mulching, and/or transforming, retain, and dispose of all solid waste accumulated, produced or generated in the city, and all solid waste placed for collection either by the city or its solid waste collection contractor shall be deemed to be the property thereof, except as otherwise provided herein. Effective July 1, 2022, this exclusivity includes construction and demolition solid waste which has accumulated and/or been generated at a temporary construction site and which is being disposed of in a roll-off container(s) and/or in bin(s).

City Council 13 – 15 4/5/2022
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(b) A person who generates solid waste, or who owns the premises upon which solid waste has generated or accumulated, may personally collect, transport and dispose of its own solid waste so long as it:
(1) Does so in accordance with all governing laws and regulations, and (2) Does so in accordance with the self-hauler requirements in section 16-38.5.
(3) Disposes of such solid waste at a site permitted by the California Department of Resources Recycling and Recovery (CalRecycle), as described in section 16-38.5.
(c) A person who generates solid waste, or who owns the premises upon which solid waste is generated or accumulated, may: (1) sell or, (2) donate its source separated recyclable materials and/or organic waste; provided, however, that in both instances: (A) the person must, on its premises, segregate from other solid waste the source separated recyclable materials and/or organic waste to be sold or donated, and (B) the person may not pay the buyer or donee, or any third party, any tangible consideration, including service, consulting or other fees or discount/reduction of fees, for collecting, processing, or transporting such source separated recyclable materials and/or organic waste. A person who simply receives a discount of, or reduction in, the collection, processing or disposal service rates for solid waste shall not be deemed to be selling or donating source separated recyclable materials and/or organic waste for purposes of this exception. At the request of the city, a person who sells or donates its source separated recyclable materials and/or organic waste shall provide documentation, including receipts from the person buying or receiving the donated source separated recyclable materials and/or organic waste evidencing the sale or donation, and invoices or agreements for hauling or recycling services.
(d) A gardener, tree trimmer, or person engaged in landscape maintenance who has a business license to operate in the city may collect yard waste which it generates as an incidental portion of providing its licensed services. Any yard waste collected pursuant hereto must be transported by the gardener, tree trimmer or person to a facility permitted by CalRecycle in accordance with all laws and regulations. (e) Any person may collect, transport, and dispose of solid waste during a period in which collection services by the city or its solid waste collection contractor are interrupted or delayed due to a labor strike or other circumstances affecting collection services throughout the city, provided such persons comply with any and all directives of the executive director.
(f) Effective July 1, 2022, any solid waste collection contractor, other than the city’s exclusive solid waste collection contractor as of that date, who may be entitled to continue services beyond that date pursuant to Public Resources Code section 49520 City Council 13 – 16 4/5/2022
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shall not expand their account base or solicit new accounts during such period of continued services.
(g) The executive director may, by written permit, authorize provision of bin service if the city's solid waste collection contractor fails to provide such service within five (5) calendar days after a customer order and such service is not thereafter provided within twenty-four (24) hours after notice to the city's solid waste collection contractor of such failure by the executive director.
(h) Any person other than the city or its solid waste collection contractor who collects, transports, recycles, composts, or disposes of solid waste, or who pays another to do so, other than as permitted by this section is guilty of a misdemeanor.

Sec. 16-30.5. - Transporting solid waste on city streets. (a) Collectors of solid waste originating outside the city may haul such solid waste over city streets.
(b) No person shall transport solid waste pursuant to subsection (a) above or sections 16-30(b), (c), or (d), or any other waste material, along the streets of the city unless it is enclosed or otherwise secured so as to prevent it from being blown, dropped, spilled, or leaked. Violation of this section shall constitute a misdemeanor.

Sec. 16-31. - Curbside service regulations.

Unless otherwise provided by special agreement for extra services between a curbside service unit and the city's solid waste collection contractor, subject to reasonable fees for extra services, persons receiving curbside service collection shall comply with the following regulations as a condition to regular curbside service collection:
(a) All discarded materials shall be placed in the appropriate carts pursuant to section 16-31.5.
(b) Any discarded materials placed for collection which is not contained in carts shall not be collected by the city's solid waste collection contractor. (c) Large, bulky items, such as furniture and household equipment, shall be considered bulky items which shall be disposed of as such. (d) The aforementioned requirements to place discarded materials in the appropriate carts shall not apply to Christmas trees, uncontainerized service, or bulky items properly placed for collection.
(e) Carts shall be placed in the street with wheels adjacent to the curb, or along an alley having street access at both ends; provided, the city or its solid waste collection contractor may condition collection from private streets upon reasonable access and upon City Council 13 – 17 4/5/2022
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the agreement of owners and occupants for the use of the private streets, including a reasonable fee for special services.
(f) Single-family premises with less than three (3) dwelling units shall subscribe to cart service. Multifamily residential premises with three (3) or more dwelling units on a single parcel shall subscribe to bin service. These requirements may be waived for residential buildings by the executive director.

Sec. 16-31.5. - Single-family SB 1383 requirements.

Single-family organic waste generators with less than 5 dwelling units shall comply with the following requirements:
(a) Subscribe to and pay for the solid waste collection contractor’s threecontainer system collection services for weekly collection of non-recyclable gray container waste, source separated blue container recyclable materials, and source-separated green container organic materials generated by the single-family premises and comply with requirements of those services as described in this section. (b) Participate in the solid waste collection contractor’s three-container system (gray container, blue container, and green container) service(s) in the manner described below.
(1) Place source separated green container organic waste in the green container; source separated recyclable materials in the blue container; and solid waste in the gray container.
(2) Not place prohibited container contaminants in collection containers and not place materials designated for the green container or blue containers in the gray container.
(c) The executive director shall have the right to review the number and size of a generator’s carts to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and single-family generators shall adjust their service level for collection services as requested by the executive director.
(d) Nothing in this section prohibits a responsible party or generator of a singlefamily premises from preventing or reducing discarded materials generation, managing organic waste on site, and/or using a community composting site pursuant to 14 CCR Section 18984.9(c).

Sec. 16-32. - Unlawful accumulations.
(a) No person shall allow discarded materials to accumulate upon the premises under his or her control in an amount which is detrimental to the public health or safety or City Council 13 – 18 4/5/2022
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which results in unsightly or insanitary conditions. Violation of this section shall constitute a misdemeanor.
(b) Any accumulation of discarded materials upon any premises which is detrimental to the public health or safety, or which results in unsightly or insanitary conditions constitutes a public nuisance abatable pursuant to Chapter 17 of this Code or other applicable law.

Sec. 16-32.5. - Disposal of dangerous materials.

Any person violating any of the following provisions shall be deemed guilty of a misdemeanor:
(a) No person shall dispose of any wearing apparel, bedding, or other material from any place where highly infectious or contagious diseases have prevailed except under the supervision and direction of the health officer or his representative. (b) No person shall dispose of any flammable or explosive materials except under the supervision and direction of the fire chief or his representative. (c) No person shall dispose of any hazardous waste and/or excluded waste except at an authorized hazardous waste and/or excluded waste collection site or as directed by the health officer, fire chief, or solid waste collection contractor.

Sec. 16-33. - Service requirements for multifamily premises. (a) It shall be mandatory that residential buildings with three (3) or more dwelling units on a single parcel be served by bin service. This requirement may be waived for residential buildings by the executive director. Any applicant who has been denied a waiver by the executive director may appeal such action to the city council by filing within thirty (30) days after such denial, a written statement of his or her reasons why the city council should reverse the action from which the appeal is taken. (b) Multifamily residential premises receiving bin service pursuant to subsection (a) shall be required to obtain such service in the amount of not less than onehalf (½) of one (1) yard per dwelling unit per week. (c) In the event that discarded materials being deposited in a container exceeds the container’s capacity for such building, and the multifamily premises has produced more discarded materials than its current level of service during at least one other documented instance during a six-month period, the responsible party for the multifamily premises may be charged extra collection costs by the solid waste collection contractor.

After three documented incidents of a multifamily premises producing more discarded materials than its current level of service in a six-month period, the responsible party for the multifamily premises may have its service level increase resulting in additional City Council 13 – 19 4/5/2022
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collection fees and shall have its container size and/or service frequency increased to accommodate the volume of discarded materials generated.

Sec. 16-33.5. - Multifamily SB 1383 requirements.

Responsible parties of multifamily premises that have 5 or more units shall comply with the following requirements except responsible parties of multifamily premises that meet the self-hauler requirements in section 16-38.5:
(a) Subscribe to and pay for the solid waste collection contractor’s threecontainer system collection services for weekly collection of non-recyclable gray container waste, source separated blue container recyclable materials, and source separated green container organic waste or source separated brown container organic waste generated by the multifamily premises and comply with requirements of those services as described in this section.
(b) Except multifamily premises that meet the self-hauler requirements in section 16-38.5 of this article, participate in the solid waste collection contractor discarded materials collection service(s) by placing discarded materials in designated containers described below.
(c) Participate in the solid waste collection contractor’s three-container system service(s) (gray container, blue container, and green or brown container) in the manner described below.
(1) Place source separated green container organic waste, including food waste and yard trimmings, in the green container; source separated recyclable materials in the blue container; and non-recyclable gray container waste in the gray container. If the multifamily premises contracts with a landscaper to provide landscaping services, and the landscaping contractor hauls yard waste generated on the premises to a permitted recycling facility as described in section 16-39, the multifamily premises shall place, and/or direct its generators to place, source separated brown container organic waste (food waste) in the brown container, and source separated recyclable materials in the blue container; and non-recyclable gray container waste in the gray container. (2) Not place prohibited container contaminants in collection containers and not place materials designated for the blue container, green container or brown container in the gray container.
(d) The executive director shall have the right to review the number and size of a generator’s containers to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and multifamily generators shall adjust its service level for its collection services as requested by the executive director.
(e) Supply and allow access to adequate number, size and location of collection containers for employees, contractors, tenants, and customers, consistent with city’s approved container collection service.

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(f) Annually provide information to employees, contractors, tenants, and customers about organic material recovery requirements and about proper sorting of source separated recyclable material, and source separated green container organic waste or source separated brown container organic waste into blue, and green or brown containers.
(g) It is the responsibility of a multifamily premises to provide education information before or within fourteen (14) days of the premises to new tenants that describes requirements to keep source-separated recyclable materials and source separated green container organic waste or source-separated brown container organic waste separate from solid waste (when applicable) and the location of containers and the rules governing their use at each property.
(h) Provide or arrange access for city or its agent to their properties during all inspections conducted in accordance with section 16-39.5 to confirm compliance with the requirements of this article.
(i) Accommodate and cooperate with city’s remote monitoring program for inspection of the contents of containers for prohibited container contaminants to evaluate generator’s compliance with this section. The remote monitoring program shall involve installation of remote monitoring equipment on, or in, the blue containers, green containers, brown containers, and/or gray containers.
(j) Multifamily premises that arrange for gardening or landscaping services shall require that the contract or work agreement between the owner, occupant, or operator of a multifamily premises and a gardening or landscaping service specifies that the designated yard waste generated by those services be managed in compliance with this article and that the contract and/or work agreement contain the provisions set forth in Section 16-39.
(k) If the responsible party of a multifamily premises intends to self-haul discarded materials generated by the premises, they must meet the self-hauler requirements of section 16-38.5.
(l) Nothing in this section prohibits a generator from preventing or reducing waste generation, managing organic waste on site, or using a community composting site pursuant to 14 CCR Section 18984.9(c).

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Sec. 16-34. - Service requirements for commercial/industrial premises. (a) It shall be mandatory that all commercial units and/or buildings and all industrial units and/or buildings be served by bin or roll-off service. This requirement may be waived by the executive director. Any applicant who has been denied a waiver by the executive director may appeal such action to the city council by filing within thirty (30) days after such denial, a written statement of his or her reasons why the city council should reverse the action from which the appeal is taken. Any person in the city who desires or is required to receive bin and/or roll-off service is required to obtain such services from the solid waste collection contractor with which the city has an agreement.

Such persons shall be required to enter into an agreement with the solid waste collection contractor for the requested bin and/or roll-off container services. This provision shall not apply to roll-off containers or bins which are obtained for the collection of construction and demolition solid waste which has accumulated or been generated at a temporary construction site. Violation of this provision shall constitute a misdemeanor. (b) In the event that discarded materials being deposited in a container exceeds the container’s capacity for such building, and the commercial/industrial building has produced more discarded materials than its current level of service during at least one other documented instance during a six-month period, the responsible party for the commercial/industrial building may be charged extra collection costs by the solid waste collection contractor. After three documented incidents of a commercial/industrial premises producing more discarded materials than its current level of service in a sixmonth period, the responsible party for the commercial/industrial premises may have its service level increase resulting in additional collection fees and may have its container size and/or service frequency modified to accommodate the volume of discarded materials generated.

Sec 16-34.5. - Commercial SB 1383 requirements.

Responsible parties of commercial premises shall comply with the following requirements (except responsible parties of commercial premises that meet the selfhauler requirements in section 16-38.5):
(a) Subscribe to and pay for the solid waste collection contractor’s threecontainer system collection services for weekly collection of non-recyclable gray container waste, source separated blue container recyclable materials, and source separated green container organic waste or source separated brown container organic waste generated by the commercial premises and comply with requirements of those services as described below in this section.
(b) Participate in the solid waste collection contractor’s three-container system service(s) (gray container, blue container, green and/or brown container) in the manner described below.
(1) Place source separated green container organic waste, including food waste and yard trimmings, in the green container; source separated recyclable materials in the blue container; and non-recyclable gray container waste in the gray City Council 13 – 22 4/5/2022
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container. If the commercial premises contracts with a landscaper to provide landscaping services, and the landscaping contractor hauls incidental yard waste generated on the premises to a permitted recycling facility as described in section 16-39, the commercial premises shall place source separated brown container organic waste, including food waste, in the brown container, source separated recyclable materials in the blue container, and non-recyclable gray container waste in the gray container. (2) Not place prohibited container contaminants in collection containers and not place materials designated for the blue containers, green or brown container in the gray container.
(c) Supply and allow access to adequate number, size and location of collection containers with sufficient labels or colors (conforming with this section) for employees, contractors, tenants, and customers, consistent with the solid waste collection contractors discarded materials collection service.
(d) Provide containers for the collection of source separated recyclable materials, and source separated green container organic waste or source separated brown containers organic waste in all indoor and outdoor areas where containers are provided for customers, for materials generated by that business. Such containers do not need to be provided in restrooms. If a commercial business does not generate any of the materials that would be collected in one type of container, then the business does not have to provide that particular container in all areas where disposal containers are provided for customers. Pursuant to 14 CCR Section 18984.9(b), the containers provided by the business shall have either:
(1) A body or lid that conforms with the container colors provided through the collection service provided by the solid waste collection contractor, with either lids conforming to the color requirements or bodies conforming to the color requirements or both lids and bodies conforming to color requirements. A commercial business is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the requirements of this subsection prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first. (2) Container labels that include language or graphic images, or both indicating the primary material accepted and the primary materials prohibited in that container, or containers with imprinted text or graphic images that indicate the primary materials accepted and primary materials prohibited in the container. Pursuant to 14 CCR Section 18984.8, the container labeling requirements are required on new containers commencing January 1, 2022.
(e) Prohibit employees from placing materials in a discarded materials container not designated for those materials to the extent practical through education, training, inspection, and/or other measures.
(f) Periodically, but no less than once per year, inspect containers for contamination and inform employees if containers are contaminated and of the requirements to keep contaminants out of those containers pursuant to 14 CCR Section 18984.9(b)(3).

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(g) Annually provide information to employees, contractors, tenants, and customers about organic waste recovery requirements and about proper sorting of source separated recyclable materials, and source separated green container organic waste or source separated brown container organic waste.
(h) Provide education information before or within fourteen (14) days of occupation of the premises to new tenants that describes requirements to keep source separated recyclable materials, and source separated green container organic waste or source separated brown container organic waste separate from solid waste and the location of containers and the rules governing their use at each property. (i) Provide or arrange access for city or its agent to their properties during all inspections conducted in accordance with section 16-39.5 to confirm compliance with the requirements of this article.
(j) Accommodate and cooperate with city’s remote monitoring program for inspection of the contents of containers for prohibited container contaminants to evaluate generator’s compliance with this section. The remote monitoring program shall involve installation of remote monitoring equipment on or in the blue containers, green containers, brown containers, and/or gray containers.
(k) If the responsible party of a commercial premises intends to self-haul solid waste generated by the premises, they must meet the self-hauler requirements of section 16-38.5.
(l) Commercial premises that arrange for gardening or landscaping services shall require that the contract or work agreement between the owner, occupant, or operator of a commercial premises and a gardening or landscaping service specifies that the designated yard waste generated by those services be managed and recycled in compliance with this article and that the contract and/or work agreement contain the provisions set forth in Section 16-39.
(m) Nothing in this section prohibits a generator from preventing or reducing waste generation, managing organic material on site, or using a community composting site pursuant to 14 CCR Section 18984.9(c).
(n) Commercial businesses that are tier one or tier two commercial edible food generators shall comply with food recovery requirements, pursuant to section 16-37.5.

Sec. 16-35. - Service charges.
(a) Owners and/or occupants of any improved parcel of real property in the city, as shown on the latest county assessment roll, except any parcel receiving bin or roll-off service exclusively, shall pay to the city a solid waste collection service charge (refuse service charge) in such amounts, at such times, and in such manner as shall be established by resolution of the city council. Such refuse service charge is imposed to provide for the continuing availability of curbside service and shall be due and payable in accordance with the terms of said resolution regardless of actual use thereof or of any interruptions or delays in such service, except to the extent reductions or refunds may be specifically authorized or directed by the executive director of public works or his or her City Council 13 – 24 4/5/2022
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designee or by the executive director of finance and management services or his or her designee.
(b) For purposes of administrative convenience, the city council may establish billing units for payment of the said service charge consisting of one (1) or more occupancies within one (1) or more parcels. The said total refuse service charge reflecting the number of billable units shall be billed as provided in section 39-20 as part of the city's regular consolidated municipal utility services account/billing statement but shall be listed as a separate line item on the municipal utility services account/billing statement. (c) A penalty of ten (10) percent shall be assessed on all unpaid refuse service charge bills thirty (30) days after the billing date. No penalty, however, will accrue until thirty (30) days after the date that the bill has been presented in accordance with section 39-20.
(d) The said refuse service charge and any penalties accrued for failure to make timely payment therefore shall be a civil debt owing to the city. (e) In the event the occupant(s) of any property or premises, having registered a municipal utility services account and transferred municipal utility services into their own name as tenant(s), thereafter quit or otherwise vacate the premises, then responsibility for future municipal utility services charges, including refuse charges, shall revert to the municipal utility services account of the property owner in accordance with section 39-16. (f) In addition to all other civil remedies for collection of such indebtedness, in the event that the owner and occupant of the premises or property receiving refuse service are the same, then said civil debt against such customer or person shall be subject to special assessment and lien against said property in the manner provided by law.

Establishment of a lien against the property shall remove said refuse charge(s) from the city's regular consolidated municipal utility services account/billing statement and toll the accrual of additional penalties therefore under this section and section 39-20. (g) Charges for bin service, roll-off container service or for collection services more frequent or more extensive than that provided in this article for curbside service shall be paid directly to the city's solid waste collection contractor in accordance with such regulations as shall be established by contract or resolution of the city council.

Sec. 16-35.5. - Bin and roll-off services.

Any person in the city who desires or is required to receive bin and/or roll-off service is required to obtain such services from the solid waste collection contractor with which the city has an agreement. Such persons shall be required to enter into an agreement with the solid waste collection contractor for the requested bin and/or roll-off container services.

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Sec 16-36. - Compliance with CALGreen recycling requirements. (a) Waste disposal and diversion reporting requirement
(1) Covered projects. All construction and renovation projects subject to the requirements of the California Green Building Standards Code (CALGreen) shall be required to meet the minimum diversion requirements for all project-related C&D debris.

All project contractors shall, upon project completion, provide to the executive director all project-related C&D debris collection, disposal and diversion information in the form prescribed by the executive director pursuant to section 4.408.1 and 5.408.1 of the California Green Building Standards Code, 24 CCR, Part 11 as amended. (2) Exemptions. All exemptions as provided in the California Green Building Standards Code shall be granted.
(b) Compliance as a condition of approval. Compliance with the provisions of this section shall be listed as a condition of approval on all discretionary resolutions of approval for development projects and building or demolition permits. (c) Application fee. As part of any application for, and prior to the issuance of, any building or demolition permit that involves the creation of C&D debris, each applicant for covered projects shall pay to the city an application fee in the amount set forth in a resolution by the city council sufficient to cover the city's costs of reviewing an application and monitoring compliance with this section and/or the Waste Reduction and Recycling Plan (WRRP), or reviewing an application for exemption. (d) Security deposit. In addition to the application fee, each applicant shall deposit with the city a security deposit as security for performance. The security deposit is remitted at the same time the permit application is filed. The security deposit may be in the form of credit card, cashier’s check, personal check, or money order. In addition, the executive director may accept a certificate of deposit or letter of credit in the form approved by the city attorney.
(1) Single-Family Residential. All single-family residential projects covered by CALGreen shall submit a security deposit set forth in a resolution by the city council.
(2) Multifamily/Commercial. All multifamily and commercial projects covered by CALGreen shall submit a security deposit set forth in a resolution by the city council.
(e) WRRP forms. All applicants for any CALGreen covered project shall complete and submit a WRRP on a form prescribed by the executive director for this purpose, as part of the application packet for the construction, renovation, or demolition permit.
(f) Compliance with the WRRP form
(1) Documentation. Within thirty (30) days after the completion of any covered project, the applicant shall submit to the executive director documentation that it has met the diversion requirement for the project. Applicant shall provide a summary of efforts used to meet the diversion requirement and provide the following documentation:

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(A) A recycling final report, on a form prescribed by the executive director.
(B) Receipts from the vendor(s) and facility(ies) which collected and/or received material(s) showing the actual total weight(s) or volume(s) of each material diverted and landfilled.
(C) Calculation of the total C&D tonnage hauled from the project. (2) Weighing of diverted materials and solid waste. Applicants shall make reasonable efforts to ensure that all C&D debris, diverted or landfilled, is measured and recorded using the most accurate method of measurement available. To the extent practical, all C&D debris shall be weighed. Regarding C&D debris for which weighing is not practical due to small size or other considerations, a volumetric measurement shall be used. For conversion of volumetric measurements to weight, the applicant shall use the standardized conversion rates approved by the city for this purpose. (g) Determination of compliance and release of security deposit. The executive director shall review the information pertaining to diversion of C&D debris submitted pursuant to this section and shall determine whether the applicant has complied with the diversion requirement, as follows:
(1) Full compliance. If the executive director determines that the applicant has fully complied with the diversion requirement applicable to the project, the executive director shall cause the entire security deposit to be refunded to the applicant without interest.
(2) Good faith effort to comply. If the executive director determines that the diversion requirement has not been achieved, he or she shall determine on a caseby-case basis whether the applicant has made a good faith effort to comply with the diversion requirement. In making this determination, the executive director shall consider the availability of markets for the C&D debris landfilled, the size of the project, and the documented efforts of the applicant to divert C&D debris. The executive director may authorize a partial refund of a security deposit without interest when less than the minimum diversion requirement is met. The partial refund shall not exceed that portion of the security deposit that is in the same ratio as the demonstrated amount of diverted waste.
(3) Noncompliance. If the executive director determines that the applicant has not made a good faith effort to comply with the diversion requirement, then the executive director shall notify the applicant in writing and all or a portion of the security deposit shall be forfeited to the city and shall not be refunded. Forfeited funds shall be used towards the city's recycling efforts pursuant to this section. (4) Other provisions for the refund of a security deposit (A) The executive director may authorize the refund without interest of any security deposit which was erroneously paid or collected. (B) The executive director may authorize the refund without interest of any security deposit when the permit application is withdrawn or cancelled before any work has begun.

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(C) The executive director shall not authorize the refund of any security deposit, or any portion thereof, unless the applicant has filled out a WRRP, filed a recycling reporting form and has met all the provisions of CALGreen and this chapter. (h) Forfeiture and city use of security deposit
(1) If the executive director determines that the applicant has not made a good faith effort to comply with this part, or if the applicant fails to submit the documentation required by this section prior to the expiration of the building or demolition permit, then the deposit is forfeited to the city.
(2) Forfeited security deposits may be used by the city for solid waste and recycling related purposes, including but not limited to:
(A) Plan, implement, or promote solid waste diversion programs. (B) Develop or improve the infrastructure needed to divert waste from landfilling.
(C) Educate generators and handlers of solid waste in the city regarding solid waste recycling and disposal alternatives. (D) Review accuracy of the solid waste collection contractor’s reports, Waste Reduction and Recycling Plans and other solid waste records. (i) Appeal. Upon payment of an appeal fee set forth in a resolution of the city council, the applicant may appeal to the city manager, a decision of the executive director to deny an exemption or withhold any portion of a security deposit. Notice of appeal of the decision of the executive director must be filed with the executive director within ten (10) calendar days of the date of the decision being appealed. The notice of appeal shall set forth in concise language the particular decision, or decisions, and the reason for the complaint. Failure to file a notice of appeal within the time prescribed herein shall constitute a waiver of any objection to the decision(s) of the executive director and such decision shall be final; otherwise, the decision of the city manager shall be final. (j) Administrative enforcement. In addition to the penalties provided for in this chapter and this code, if violations of the provisions of this part exist as to a covered project requiring completion of a Waste Reduction and Recycling Plan, the city may use various administrative measures to ensure compliance. Measures available include, but are not limited to:
(1) Issuance of a building permit or a certificate of occupancy for that project may be withheld until all such violations have been corrected; (2) Issuance of a stop work notice, until all such violations have been corrected; and
(3) Other measures recommended by the city attorney.
(k) Civil Action. Violation of any provision of this section may be enforced by civil action including an action for injunctive relief. The city council hereby finds that violation of this section is a public nuisance. In any civil enforcement action, the city shall be entitled to recover its attorneys' fees and costs from a person who is determined by a court of competent jurisdiction to have violated this section.

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Sec. 16-36.5. - Waivers for generators.

Commercial businesses and multifamily residential buildings with five (5) or more units may apply for waivers from the organic waste diversion requirements of this article where practical difficulties make it impossible or extremely difficult to carry out the strict letter of those requirements with respect to any particular premises. Under these circumstances, the executive director may issue waivers authorizing variations from the provisions of this article, subject to such terms and conditions as may deemed necessary to protect the public health and safety of the city. Special written permits include de minimis waivers and physical space waivers, as described below. (a) De minimis waivers. The city may waive the obligation by a commercial business or a multifamily residential building with 5 units or more to comply with some or all of the organic waste diversion requirements of this article if the commercial business or multifamily residential building provides documentation, or if the city has evidence demonstrating, that the business or multifamily residential building generates below a certain amount of organic waste material as described in this section. Commercial businesses or multifamily residential buildings requesting a de minimis waiver shall:

(1) Submit an application specifying the services that they are requesting a waiver from and provide documentation as noted below. (2) Provide documentation that either:
(A) The commercial business’ or multifamily residential building’s total solid waste collection service is two cubic yards or more per week and organic waste subject to collection in a blue container or green container comprises less than 20 gallons per week per applicable container of the business’ total waste; or

(B) The commercial business’ or multifamily residential building’s total solid waste collection service is less than two cubic yards per week and organic waste subject to collection in a blue container or green container comprises less than 10 gallons per week per applicable container of the business’ total waste. (3) Notify city if circumstances change such that commercial business’s or multifamily residential building’s organic waste exceeds the threshold required for waiver, in which case waiver will be rescinded.
(4) Apply and provide written verification of eligibility for de minimis waiver every five (5) years, if city has approved application for a de minimis waiver. (b) Physical space waivers. The city may waive the obligation by a commercial business or a multifamily residential building with 5 units or more, to comply with some or all of the recyclable materials and/or organic waste collection service requirements if the city has evidence from its own staff, the hauler, or evidence provided by a licensed architect or licensed engineer and verified by the city or hauler, demonstrating that the City Council 13 – 29 4/5/2022
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premises lacks adequate space for the collection containers required for compliance with the organic waste collection requirements of this article. A commercial business or multifamily residential building’s property owner may request a physical space waiver through the following process:
(1) Submit an application form specifying the type(s) of collection services for which they are requesting a compliance waiver. (2) Provide documentation that the premises lacks adequate space for blue containers and/or green containers including documentation from its hauler, licensed architect, or licensed engineer.
(3) Apply and provide written verification to city that it is still eligible for physical space waiver every five (5) years, if city has approved application for a physical space waiver.

Sec. 16-37. - Requirements for commercial edible food generators. (a) Tier one commercial edible food generators must comply with the requirements of this section commencing January 1, 2022, and tier two commercial edible food generators must comply with the requirements of this section commencing January 1, 2024, pursuant to 14 CCR Section 18991.3.
(b) Large venue or large event operators not providing food services, but allowing for food to be provided by others, shall require food facilities operating at the large venue or large event to comply with the requirements of this section, commencing January 1, 2024.
(c) Commercial edible food generators shall comply with the following requirements:
(1) Arrange to recover the maximum amount of edible food that would otherwise be disposed.

(2) Contract with, or enter into a written agreement with food recovery organizations or food recovery services for: (A) the collection of edible food for food recovery or (B) acceptance of the edible food that the commercial edible food generator self-hauls to the food recovery organization for food recovery. (3) Shall not intentionally spoil edible food that is capable of being recovered by a food recovery organization or a food recovery service. (4) Allow the city enforcement official or county agency enforcement official entity to access the premises and review records pursuant to 14 CCR Section 18991.4.

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(5) Keep records that include the following information, or as otherwise specified in 14 CCR Section 18991.4:
(A) A list of each food recovery service or organization that collects or receives its edible food pursuant to a contract or written agreement established under 14 CCR Section 18991.3(b).
(B) A copy of all contracts or written agreements established under 14 CCR Section 18991.3(b).
(C) A record of the following information for each of those food recovery services or food recovery organizations:
(i) The name, address and contact information of the food recovery service or food recovery organization.
(ii) The types of food that will be collected by or self-hauled to the food recovery service or food recovery organization. (iii) The established frequency that food will be collected or self-hauled.
(iv) The quantity of food, measured in pounds recovered per month, collected or self-hauled to a food recovery service or food recovery organization for food recovery.
(6) Within 60 days of receipt of a written request from the city, commencing January 1, 2022, for tier one commercial edible food generators and commencing January 1, 2024 for tier two commercial edible food generators, provide an annual food recovery report to the city that includes the following information:
(A) A copy of all contracts or written agreements established under 14 CCR Section 18991.3(b).
(B) The quantity of food, measured in annual pounds recovered, collected or self-hauled to a food recovery service or food recovery organization for food recovery.
(C) The name, address and contact information of the food recovery service or food recovery organization.
(d) Nothing in this article shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557 of 2017 (approved by the Governor of the State of California on September 25, 2017, which added Article 13 (commencing with Section 49580) to City Council 13 – 31 4/5/2022
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Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, and to amend Section 114079 of the Health and Safety Code, relating to food safety, as amended, supplemented, superseded and replaced from time to time).

Sec. 16-37.5. - Requirements for food recovery organizations and services. (a) Food recovery services collecting or receiving edible food directly from commercial edible food generators, by contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(1):
(1) The name, address, and contact information for each commercial edible food generator from which the service collects edible food. (2) The quantity in pounds of edible food collected from each commercial edible food generator per month.

(3) The quantity in pounds of edible food transported to each food recovery organization per month.
(4) The name, address, and contact information for each food recovery organization that the food recovery service transports edible food to for food recovery. (b) Food recovery organizations collecting or receiving edible food directly from commercial edible food generators, by contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(2):
(1) The name, address, and contact information for each commercial edible food generator from which the organization receives edible food. (2) The quantity in pounds of edible food received from each commercial edible food generator per month.
(3) The name, address, and contact information for each food recovery service that the organization receives edible food from for food recovery. (c) Food recovery organizations and food recovery services that have their primary address physically located in the city and contract with or have written agreements with one or more commercial edible food generators pursuant to 14 CCR Section 18991.3(b) shall report to the city the total pounds of edible food recovered in the previous calendar year from the tier one and tier two commercial edible food generators they have established a contract or written agreement with pursuant to 14 CCR Section 18991.3(b) no later than March 31st of each year.

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(d) In order to support edible food recovery capacity planning assessments or other studies conducted by the county, city, special district that provides solid waste collection services, or its designated entity, food recovery services and food recovery organizations operating in the city shall provide information and consultation to the city, upon request, regarding existing, or proposed new or expanded, food recovery capacity that could be accessed by the city and its commercial edible food generators. A food recovery service or food recovery organization contacted by the city shall respond to such request for information within 60 days, unless a shorter timeframe is otherwise specified by the city.

Sec. 16-38. - Requirements for solid waste collection contractor and facility operators.
(a) City’s exclusive franchised hauler providing residential, commercial, or industrial organic waste collection services to generators within city’s boundaries shall meet the following requirements and standards as a condition of approval of a contract, agreement, or other authorization with the city to collect organic waste:
(1) Through written notice to the city annually, identify the facilities to which they will transport organic waste, including facilities for source separated recyclable materials, source separated green container organic waste, and mixed waste. (2) Transport source separated recyclable materials, source separated green container organic waste, and mixed waste to a facility, operation, activity, or property that recovers organic waste as defined in 14 CCR, Division 7, Chapter 12, Article

2. (3) Obtain approval from the city to haul organic waste, unless it is transporting source separated organic waste to a community composting site or lawfully transporting C&D in a manner that complies with 14 CCR Section 18989.1 and section 16-36.
(b) Owners of facilities, operations, and activities that recover organic waste, including, but not limited to, compost facilities, in-vessel digestion facilities, and publiclyowned treatment works shall, upon city request, provide information regarding available and potential new or expanded capacity at their facilities, operations, and activities, including information about throughput and permitted capacity necessary for planning purposes. Entities contacted by the city shall respond within 60 days. (c) Community composting operators, upon city request, shall provide information to the city to support organic waste capacity planning, including, but not limited to, an estimate of the amount of organic waste anticipated to be handled at the community composting operation. Entities contacted by the city shall respond within 60 days.

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Sec. 16-38.5. - Requirements for self-haulers.
(a) Self-haulers shall source-separate all recyclable materials and sourceseparate green container organic waste or source-separate brown container organic waste (materials that the city otherwise requires generators to separate for collection in the city’s three-container collection program) generated on-site from solid waste in a manner consistent with 14 CCR Sections 18984.1 and 18984.2, or shall haul organic waste to a high diversion organic waste processing facility as specified in 14 CCR Section 18984.3.
(b) Self-haulers shall haul their source separated recyclable materials to a facility that recovers those materials, and haul their source-separate green container organic waste or source-separate brown container organic waste to a solid waste facility, operation, activity, or property that processes or recovers source separated green container organic waste. Alternatively, self-haulers may haul organic waste to a high diversion organic waste processing facility.
(c) Self-haulers that are commercial businesses and multifamily residential premises with five (5) or more dwelling units, shall keep a record of the amount of organic waste delivered to each solid waste facility, operation, activity, or property that processes or recovers organic waste. This record shall be subject to inspection by the city. The records shall include the following information:
(1) Delivery receipts and weight tickets from the entity accepting the waste.
(2) The amount of material in cubic yards or tons transported by the generator to each entity.
(3) If the material is transported to an entity that does not have scales on-site or employs scales incapable of weighing the self-hauler’s vehicle in a manner that allows it to determine the weight of materials received, the self-hauler is not required to record the weight of material but shall keep a record of the entities that received the organic waste.
(d) Self-haulers that are commercial businesses and multifamily residential premises with five (5) or more dwelling units shall provide information collected in section 16-38.5(c) to city, if requested.
(e) A residential organic waste generator with less than 5 dwelling units that self-hauls organic waste is not required to record or report the information in sections 16-

38.5(c) and (d).

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Sec. 16-39. - Yard waste diversion required in landscaping contracts. (a) A commercial business and/or multifamily residential premise with 5 units or more contracting for gardening or landscaping services shall require written contracts which contain the following provisions:
(1) All yard waste generated at the premises by the landscaping or gardening service shall be diverted from disposal by one or more of the methods in section 16-38.5.
(2) A requirement that the landscaper, gardener or any third party(ies) certify that the requirements set forth in subsection (a) of this section are being met. (3) A requirement that the landscaper, gardener or any third party(ies), upon request by the city, certify that it is compliant with this section by completing and submitting a city-provided reporting form.
(4) A requirement that the landscaper, gardener or any third party(ies) provide copies of weight tickets from the permitted processing facility(ies) where the yard waste from premises within city were delivered by the landscaper or gardener. (b) Within 60 days of a written request from the city, commercial businesses that contract with a landscaping or gardening service shall complete and submit a compliance reporting form as provided by the city with the following items attached:
(1) Copies of the commercial businesses contract(s) with the landscaping or gardening service(s) that comply with this section. (2) Copies of landscaper, gardener, or any other third party(ies) certification(s) that certify that the requirements set forth in subsection (a) were met during the preceding twelve (12) months.

Sec. 16-39.5. - Inspections and investigations.
(a) The city enforcement official is authorized to conduct inspections and investigations, at random or otherwise, of any collection container, collection vehicle loads, or transfer, processing, or disposal facility for materials collected from generators, to confirm compliance with this article by organic waste generators, commercial businesses, property owners, commercial edible food generators, solid waste collection contractors, self-haulers, food recovery services, and food recovery organizations, subject to applicable laws. This section does not allow city to enter the interior of a private residential property for inspection.
(b) Commercial, multifamily, residential generators, including active building sites generating construction and demolition solid waste and landscape projects, that are subject to the requirements of this article shall provide or arrange for access during all inspections and shall cooperate with the city enforcement official during such inspections City Council 13 – 35 4/5/2022
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Santa Ana City CouncilApril 5, 2022

Santa Ana City Council
April 5, 2022