City Council and Special Housing Authority
Meeting Agenda
November 15, 2022
CLOSED SESSION MEETING – 5:00 PM
REGULAR OPEN MEETING – 5:45 PM
(Immediately following the Closed Session Meeting)
CITY COUNCIL CHAMBER
22 Civic Center Plaza Santa Ana, CA 92701
Vicente Sarmiento
Mayor
Thai Viet Phan
Councilmember – Ward 1
Nelida Mendoza
Councilmember Ward 2
Jessie Lopez
Councilmember Ward 3
Phil Bacerra
Mayor Pro Tem Ward 4
Johnathan Ryan Hernandez
Councilmember Ward 5
David Penaloza
Councilmember Ward 6
Mayor and Council telephone: 7146476900
Agenda item inquiries: 7146476520
Sonia R. Carvalho
City Attorney
Kristine Ridge
City Manager
Vacant
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:
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, 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’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. 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.
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 SPECIAL HOUSING AUTHORITY ITEMS – You can provide comments by joining Zoom or the Conference Call as described in the LIVE or IN PERSON PUBLIC COMMENTS OPTION above. Speakers not in the queue by 6:00 p.m. will not be permitted to speak.
About the Agenda
To download or view the attachments (staff report and other supporting documentation) for each agenda item, you must select the agenda item to see the attachments to either open in a new link (the eyeball
) or download a pdf (the cloud symbol with the down arrow ).
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
ROLL CALL
PUBLIC COMMENTS – Members of the public may address the City Council on Closed Session items.
CLOSED SESSION ITEMS – The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation:
1. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code:
A. Lonerock, Inc. v. City of Santa Ana, Orange County Superior Court Case No. 30 202101211998CUBCCJC
2. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a):
Agency Negotiators: Human Resources Executive Director, Jason Motsick Employee Organizations:
Santa Ana Police Officers Association (POA)
Santa Ana Police Management Association (PMA)
Service Employees’ International Union (SEIU) FullTime Employees Service Employees’ International Union (SEIU) PartTime NonCivil Service Employees
Confidential Association of Santa Ana (CASA)
Santa Ana Management Association (SAMA)
3. PUBLIC EMPLOYEE EMPLOYMENT/APPOINTMENT pursuant to Government Code 54957
Title: Clerk of the Council, Acting Clerk of the Council, or Interim Clerk of the Council 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 Danny De Leon Sr.
CEREMONIAL PRESENTATIONS
1. Proclamation presented by Mayor Sarmiento to the Guzman Family for their Outstanding Contributions related to Advancing Equity in the Public Education System in the U.S.
STAFF PRESENTATIONS
2. 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: 3 through 25.
3. Excused Absences
Department(s): Clerk of the Council Office
Recommended Action: Excuse the absent members.
4. Minutes from the Regular Meeting of August 16, 2022
Department(s): Clerk of the Council Office
Recommended Action: Approve minutes.
5. Adopt Ordinance No. NSXXXX – AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADDING DIVISION 16 TO ARTICLE IV OF CHAPTER 2 OF THE SANTA ANA MUNICIPAL CODE FOR THE ESTABLISHMENT OF A POLICE OVERSIGHT COMMISSION
First reading at the November 1, 2022 City Council meeting and approved by a vote of 70.
Published in the Orange County Reporter on November 4, 2022.
Department(s): City Manager’s Office
Recommended Action: Place ordinance on second reading and adopt.
6. Receive and File the Certification of Approval by City Engineer of Final Parcel Map 2017157 (200 E First American Way) (Applicant: Ki Ryu; Owner: Legado at The Met, LLC)
Department(s): Public Works Agency
Recommended Action: Receive and file the certification of approval by City Engineer of the final Parcel Map 2017157.
7. Receive and File Quarterly Report of Investments as of September 30, 2022 Department(s): Finance and Management Services
Recommended Action: Receive and file.
8. Quarterly Report for Housing Division Projects and Activities for the period of July 1, 2022 to September 30, 2022
Department(s): Community Development Agency
Recommended Action: Receive and file the Quarterly Report for Housing Division Projects and Activities for the period of July 1, 2022 to September 30, 2022.
9. Approve the Homeless Housing, Assistance, and Prevention (HHAP) Round 4 Application to Receive Funding from the State of California’s Homeless Coordinating and Financing Council (HCFC) to Address Homelessness
Department(s): Community Development Agency
Recommended Action: Approve the submission of the Homeless Housing, Assistance and Prevention (HHAP) Program Round 4 Application to receive funding from the State of California’s Homeless Coordinating and Financing Council (HCFC) to address homelessness.
10. Approve an Amendment to the Blanket Order Contracts for Equipment Rentals by $198,000 Annually and Add Herc Rentals to the List of Approved Vendors on Contract (Specification No. 22045) (General Fund)
Department(s): Public Works Agency
Recommended Action: Authorize an amendment to the blanket order contracts for equipment rentals to increase the annual aggregate amount by $198,000, for a revised amount of $278,000 for the remainder of the current oneyear term expiring April 19, 2023, with four oneyear renewal periods, and add Herc Rentals to the list of approved vendors on contract for equipment rentals, subject to nonsubstantive changes approved by the City Manager and City Attorney.
11. Award a Blanket Order Contract to Pacific Star Corporation for Water Quality Testing Supplies, Materials, and Equipment in an Annual Amount of $130,000 (Specification No. 22118) (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Award a blanket order contract to Pacific Star Corporation for water quality testing supplies, materials, and equipment for an annual amount not to exceed $130,000, for a oneyear term beginning November 15, 2022 and expiring November 14, 2023, with four oneyear renewal options, subject to nonsubstantive changes approved by the City Manager and City Attorney.
12. Approve Appropriation Adjustments Recognizing Measure M2 Local Fairshare and Senate Bill and Grant Funds and Award a Construction Contract to Hardy & Harper, Inc., in the amount of $3,400,000 for the Santa Clara Avenue Bike Lane and Pedestrian Improvements From Lincoln Avenue to Pasadena Street Project with an Estimated Project Delivery Cost of $4,250,000 (Project No. 236997) (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Approve an appropriation adjustment to recognize $581,000 in prior year fund balance in the Measure M2 Local Fairshare, Prior Year Carry Forward revenue account, and appropriating the same amount to the Measure M2 Local Fairshare, Improvements Other Than Building expense account. (Requires five affirmative votes)
2. Approve an appropriation adjustment to recognize $3,243,000 in Senate Bill 1, Solutions for Congested Corridors Program (SCCP) grant funds in the Select Street Construction, State GrantsIndirect revenue account, and appropriating the same amount to the Select Street Construction, Improvements Other Than Building expense account. (Requires five affirmative votes)
3. Authorize the City Manager to reject the bid submitted by Klassic Engineering & Construction as nonresponsive and award a construction contract to Hardy & Harper, Inc., the lowest responsive bidder, in accordance with the base bid in the amount of $3,400,000, for construction of the Santa Clara Avenue Bike Lane and Pedestrian Improvements, for the term beginning November 15, 2022 and ending upon project completion, subject to nonsubstantive changes approved by the City Manager and the City Attorney.
4. Approve the Project Cost Analysis for a total estimated construction delivery cost of $4,250,000, which includes $3,400,000 for the construction contract, $510,000 for contract administration, inspection and testing, and $340,000 project contingency for unanticipated or unforeseen work.
5. Approve an amendment to the Fiscal Year 202223 Capital Improvement Program to include $581,000 in construction funding from the Measure M2 Local Fairshare funds, and $3,243,000 in construction funding from Senate Bill 1, SCCP grant funds for the Santa Clara Avenue Bike Lane and Pedestrian Improvements from Lincoln Avenue to Pasadena Street.
13. Fiscal Year 202223 First Quarter Budget Report and Proposed Appropriation Adjustments
Department(s): Finance and Management Services
Recommended Action: 1. Approve appropriation adjustments (requires five affirmative votes) to increase General Fund expenditures as follows:
a. $40,000 for a fulltime Librarian to staff the second Knowledge Mobile for the remainder of FY 202223;
b. $35,000 for a fulltime Receptionist to greet and direct visitors; c. $36,600 to print and mail election information cards for the City’s November 2022 ballot measures;
d. $514,764 for the purchase of bus benches, trash containers, and advertising kiosks; and
e. $1,000,000 to plan for development of new public facilities in the Civic Center complex;
f. $1,657,000 to move construction inspection costs from the Public Works Engineering & Project Management internal service fund to the General Fund, along with the associated fee/charge revenue of $1,420,000 for a net impact of $237,000.
2. Increase authorized fulltime staff headcount from 1,342 to 1,359 to capture 11 limitedterm positions funded by the Revive Santa Ana Program as approved by City Council on August 2, 2022, five additional Library positions to staff the second Knowledge Mobile and new Teen Time program, and one additional City Hall Reception position.
14. Approve Appropriation Adjustments recognizing Housing Assistance Payments and Administrative Funds to Administer New and Existing Vouchers (NonGeneral Fund) Department(s): Community Development Agency
Recommended Action: 1. Approve an appropriation adjustment recognizing additional Housing Assistance Payments funds in the amount of $623,708 in revenue account (no. 1401800252007) and appropriating the same amount to expenditure account (no. 1401876062300) to administer 38 new vouchers. (Requires five affirmative votes)
2. Approve an appropriation adjustment recognizing additional Housing Assistance Payments funds in the amount of $376,512 in revenue account (no. 1401800252007) and appropriating the same amount to expenditure account (no. 1401876062300) to administer 25 new Foster Youth to Independence vouchers. (Requires five affirmative votes)
3. Approve an appropriation adjustment recognizing additional Administrative funds in the amount of $115,500 in revenue account (no. 1391878052006) and appropriating the same amount to expenditure account (no. 1391878062300) to administer 231 existing Mainstream Program Vouchers. (Requires five affirmative votes)
15. Purchase and Sale Agreement of Real Property at 1415 French Street for Santa Ana Water Resources Elevated Tank Site (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute a purchase and sale agreement with Santa Ana Unified School District for the purchase of real property located at 1415 French Street (APN 39815101), in the amount of $781,000, plus normal closing costs and escrow fees, for a total amount not to exceed $860,000, subject to nonsubstantive changes approved by the City Manager and the City Attorney (Agreement No. 2022XXX).
16. Approve Agreements with Hunter Consulting, Inc. dba HCI Environmental & Engineering, Real Estate Consulting & Services, Inc., and SLS Property Solutions, Inc. for OnCall Right of Way Property BoardUp Services in an Aggregate Amount Not to Exceed $300,000 for a ThreeYear Term (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute agreements with Hunter Consulting, Inc. dba HCI Environmental & Engineering, Real Estate Consulting & Services, Inc., and SLS Property Solutions, Inc., for boardup services after City takes possession of vacant buildings to secure for Capital Improvement Projects (CIP) in a shared aggregate amount not to exceed $300,000, for a threeyear term beginning November 15, 2022 and expiring November 14, 2025, with an option for two, oneyear extensions, subject nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
17. Approve an Amendment to the Agreement with Ankura Consulting Group, LLC to Provide Construction Auditing Services for the Construction of the Carnegie Homeless Navigation Center (General Fund)
Department(s): City Attorney Office
Recommended Action: Authorize the City Manager to execute an amendment to the agreement with Ankura Consulting Group, LLC (“Ankura”) to provide services for the review and analysis of billings for construction of the Carnegie Homeless Navigation Center by Dyer 18 LLC ("Dyer"), increasing the total nottoexceed amount by an additional $50,000, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
18. Approve a Subcontractor Agreement with Working Wardrobes for Workforce Services in an Amount not to exceed $250,000 Under the Californians for All Youth Workforce Program (NonGeneral Fund)
Department(s): Community Development Agency
Recommended Action: Authorize the City Manager to execute an agreement with Working Wardrobes for workforce services in an amount not to exceed $250,000, for a period from November 15, 2022 to May 1, 2024, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022 XXX).
19. Approve Amendment to the Agreement with BrightLife Designs, LLC for DTSA 2022 Holiday Décor 2022 in an Amount Not to Exceed $370,000 (Revive Santa Ana Program)
Department(s): Community Development Agency
Recommended Action: Authorize the City Manager to execute an amendment to the agreement with BrightLife Designs, LLC to increase the contract amount by $370,000, for a total nottoexceed amount of $420,000 to provide holiday decorations in Downtown Santa Ana, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
20. Approve an Amendment to the Fiscal Year 20222023 Emergency Solutions Grant (ESG) Memorandum of Understanding (MOU) Agreement with the Santa Ana Police Department HEART Program for Additional Street Outreach and ESG Subrecipient Agreement with 211 Orange County for HMIS Data Collection (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 $30,000 for program year July 1, 2022 June 30, 2023 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 $22,340.92 for program year July 1, 2022 June 30, 2023 for additional data collection, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
21. Approve a PreCommitment of $2,200,000 in Inclusionary Housing Funds for the Development of Six Affordable Ownership Units Located at 1921 W Washington Avenue
Department(s): Community Development Agency
Recommended Action: Authorize the City Manager to execute a precommitment letter with Habitat of Humanity of Orange County for $2,200,000 in Inclusionary Housing Funds for the development of six affordable ownership units at 1921 W Washington Avenue, Santa Ana, CA (APN 40510137), subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022 XXX).
22. Approve a Memorandum of Understanding Establishing the Terms and Conditions of Employment for Classifications Represented by Service Employees International Union (SEIU), Local 721, PartTime NonCivil Service Unit Department(s): Human Resources
Recommended Action: Authorize the City Manager to execute a Memorandum of Understanding with Service Employees International Union Local 721, PartTime Non Civil Service Unit regarding wages, hours, and other terms and conditions of employment effective November 16, 2022 through November 15, 2024, and authorize nonsubstantive changes which may be necessary to implement the agreement (Agreement No. 2022XXX).
23. Approve a Memorandum of Understanding Establishing the Terms and Conditions of Employment for Classifications Represented by the Santa Ana Police Management Association
Department(s): Human Resources
Recommended Action: Authorize the City Manager to execute a Memorandum of Understanding with the Santa Ana Police Management Association regarding wages, hours, and other terms and conditions of employment effective January 1, 2022 through June 30, 2025, and authorize nonsubstantive changes which may be necessary to implement the agreement (Agreement No.2022XXX).
24. Adopt a Resolution Approving the Construction Installment Sale Agreement with the California State Water Resources Control Board for Financing of the Well 32 Nitrate Treatment Project (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Resolution No. 2022XXX – Adopt a Resolution approving the Construction Installment Sale Agreement (D2202003) with the California State Water Resources Control Board for financing of the Well 32 Nitrate Treatment Project, in an amount up to $6,249,105 (Agreement No. 2022XXX).
25. 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.
**END OF CONSENT CALENDAR**
BUSINESS CALENDAR
26. Discuss and Provide Direction Regarding the Recommendation of the Community Development Commission to Dissolve the Downtown Santa Ana Business Improvement District or Adopt the Resolution of Intention to Levy 2023 Assessment for Downtown Santa Ana Business Improvement District
Department(s): Community Development Agency
Recommended Action: Discuss the Downtown Santa Ana Business Improvement District and direct staff to either:
1. Approve the recommendation of the Community Development Commission (Commission) to dissolve the Downtown Santa Ana Business Improvement District (BID) and establish a time and place for a public hearing to be held by the City Council on December 20, 2022; or
2. Resolution No. 2022XXX – Adopt the resolution of intention to levy an annual business license tax assessment for the 2023 calendar year and establish a time and place for a public hearing to be held by the City Council on December 6, 2022.
27. Informational Report Relating to the City’s AntiCruising Ordinance Department(s): Police Department
Recommended Action: It is recommended that the City Council accept the informational report and consider one of the following options:
1. Direct staff to return to the City Council with additional information.
2. Leave the anticruising ordinance as is (i.e., make no changes to the Santa Ana Municipal Code relating to cruising).’
3. Direct staff to prepare an ordinance to repeal the anticruising ordinance.
4. Take no action.
**END OF BUSINESS CALENDAR**
COUNCILMEMBER REQUESTED ITEMS
28. Discuss and Consider Directing the City Manager to Direct Staff to Develop a Community Historical Marker Policy and to Install a Community Historical Marker on the Corner of Sycamore and Fourth Streets to Honor, Remember, and Memorialize the Story of Francisco Torres – Councilmember Hernandez CITY MANAGER COMMENTS
COUNCIL COMMENTS
AB1234 DISCLOSURE – If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended.
ADJOURNMENT – Adjourn the City Council meeting and convene to the Special Housing Authority meeting.
Future Items
1. Sanitation Fee – Work Study Session
SPECIAL HOUSING AUTHORITY
CALL TO ORDER
ATTENDANCE Authority Members Johnathan Ryan Hernandez
Jessie Lopez
Nelida Mendoza
David Penaloza
Thai Viet Phan
Vice Chair Phil Bacerra
Chair Vicente Sarmiento
City Manager Kristine Ridge
City Attorney Sonia R. Carvalho
Clerk of the Council
ROLL CALL
PUBLIC COMMENTS – Members of the public may address Housing Authority only on items on the Special Housing Authority agenda.
CONSENT CALENDAR
RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 1 and 2.
1. Excused Absences
Department(s): Clerk of the Council Office
Recommended Action: Excuse the absent members.
2. Quarterly Report for the Housing Choice Voucher Program for the period of July 1, 2022 to September 30, 2022
Department(s): Community Development Agency
Recommended Action: Receive and file the Quarterly Report for the Housing Choice Voucher Program for the period of July 1, 2022 to September 30, 2022. **END OF CONSENT CALENDAR**
HOUSING AUTHORITY MEMBER COMMENTS
ADJOURNMENT – Adjourn the Special Housing Authority meeting.
11/15/2022
City Council and Special Housing Authority
Meeting Agenda
November 15, 2022
CLOSED SESSION MEETING – 5:00 PM
REGULAR OPEN MEETING – 5:45 PM
(Immediately following the Closed Session Meeting)
CITY COUNCIL CHAMBER
22 Civic Center Plaza Santa Ana, CA 92701
Vicente Sarmiento
Mayor
Thai Viet Phan
Councilmember – Ward 1
Nelida Mendoza
Councilmember Ward 2
Jessie Lopez
Councilmember Ward 3
Phil Bacerra
Mayor Pro Tem Ward 4
Johnathan Ryan Hernandez
Councilmember Ward 5
David Penaloza
Councilmember Ward 6
Mayor and Council telephone: 7146476900
Agenda item inquiries: 7146476520
Sonia R. Carvalho
City Attorney
Kristine Ridge
City Manager
Vacant
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:
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, 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’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. 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.
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 SPECIAL HOUSING AUTHORITY ITEMS – You can provide comments by joining Zoom or the Conference Call as described in the LIVE or IN PERSON PUBLIC COMMENTS OPTION above. Speakers not in the queue by 6:00 p.m. will not be permitted to speak.
About the Agenda
To download or view the attachments (staff report and other supporting documentation) for each agenda item, you must select the agenda item to see the attachments to either open in a new link (the eyeball
) or download a pdf (the cloud symbol with the down arrow ).
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
ROLL CALL
PUBLIC COMMENTS – Members of the public may address the City Council on Closed Session items.
CLOSED SESSION ITEMS – The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation:
1. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code:
A. Lonerock, Inc. v. City of Santa Ana, Orange County Superior Court Case No. 30 202101211998CUBCCJC
2. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a):
Agency Negotiators: Human Resources Executive Director, Jason Motsick Employee Organizations:
Santa Ana Police Officers Association (POA)
Santa Ana Police Management Association (PMA)
Service Employees’ International Union (SEIU) FullTime Employees Service Employees’ International Union (SEIU) PartTime NonCivil Service Employees
Confidential Association of Santa Ana (CASA)
Santa Ana Management Association (SAMA)
3. PUBLIC EMPLOYEE EMPLOYMENT/APPOINTMENT pursuant to Government Code 54957
Title: Clerk of the Council, Acting Clerk of the Council, or Interim Clerk of the Council 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 Danny De Leon Sr.
CEREMONIAL PRESENTATIONS
1. Proclamation presented by Mayor Sarmiento to the Guzman Family for their Outstanding Contributions related to Advancing Equity in the Public Education System in the U.S.
STAFF PRESENTATIONS
2. 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: 3 through 25.
3. Excused Absences
Department(s): Clerk of the Council Office
Recommended Action: Excuse the absent members.
4. Minutes from the Regular Meeting of August 16, 2022
Department(s): Clerk of the Council Office
Recommended Action: Approve minutes.
5. Adopt Ordinance No. NSXXXX – AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADDING DIVISION 16 TO ARTICLE IV OF CHAPTER 2 OF THE SANTA ANA MUNICIPAL CODE FOR THE ESTABLISHMENT OF A POLICE OVERSIGHT COMMISSION
First reading at the November 1, 2022 City Council meeting and approved by a vote of 70.
Published in the Orange County Reporter on November 4, 2022.
Department(s): City Manager’s Office
Recommended Action: Place ordinance on second reading and adopt.
6. Receive and File the Certification of Approval by City Engineer of Final Parcel Map 2017157 (200 E First American Way) (Applicant: Ki Ryu; Owner: Legado at The Met, LLC)
Department(s): Public Works Agency
Recommended Action: Receive and file the certification of approval by City Engineer of the final Parcel Map 2017157.
7. Receive and File Quarterly Report of Investments as of September 30, 2022 Department(s): Finance and Management Services
Recommended Action: Receive and file.
8. Quarterly Report for Housing Division Projects and Activities for the period of July 1, 2022 to September 30, 2022
Department(s): Community Development Agency
Recommended Action: Receive and file the Quarterly Report for Housing Division Projects and Activities for the period of July 1, 2022 to September 30, 2022.
9. Approve the Homeless Housing, Assistance, and Prevention (HHAP) Round 4 Application to Receive Funding from the State of California’s Homeless Coordinating and Financing Council (HCFC) to Address Homelessness
Department(s): Community Development Agency
Recommended Action: Approve the submission of the Homeless Housing, Assistance and Prevention (HHAP) Program Round 4 Application to receive funding from the State of California’s Homeless Coordinating and Financing Council (HCFC) to address homelessness.
10. Approve an Amendment to the Blanket Order Contracts for Equipment Rentals by $198,000 Annually and Add Herc Rentals to the List of Approved Vendors on Contract (Specification No. 22045) (General Fund)
Department(s): Public Works Agency
Recommended Action: Authorize an amendment to the blanket order contracts for equipment rentals to increase the annual aggregate amount by $198,000, for a revised amount of $278,000 for the remainder of the current oneyear term expiring April 19, 2023, with four oneyear renewal periods, and add Herc Rentals to the list of approved vendors on contract for equipment rentals, subject to nonsubstantive changes approved by the City Manager and City Attorney.
11. Award a Blanket Order Contract to Pacific Star Corporation for Water Quality Testing Supplies, Materials, and Equipment in an Annual Amount of $130,000 (Specification No. 22118) (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Award a blanket order contract to Pacific Star Corporation for water quality testing supplies, materials, and equipment for an annual amount not to exceed $130,000, for a oneyear term beginning November 15, 2022 and expiring November 14, 2023, with four oneyear renewal options, subject to nonsubstantive changes approved by the City Manager and City Attorney.
12. Approve Appropriation Adjustments Recognizing Measure M2 Local Fairshare and Senate Bill and Grant Funds and Award a Construction Contract to Hardy & Harper, Inc., in the amount of $3,400,000 for the Santa Clara Avenue Bike Lane and Pedestrian Improvements From Lincoln Avenue to Pasadena Street Project with an Estimated Project Delivery Cost of $4,250,000 (Project No. 236997) (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Approve an appropriation adjustment to recognize $581,000 in prior year fund balance in the Measure M2 Local Fairshare, Prior Year Carry Forward revenue account, and appropriating the same amount to the Measure M2 Local Fairshare, Improvements Other Than Building expense account. (Requires five affirmative votes)
2. Approve an appropriation adjustment to recognize $3,243,000 in Senate Bill 1, Solutions for Congested Corridors Program (SCCP) grant funds in the Select Street Construction, State GrantsIndirect revenue account, and appropriating the same amount to the Select Street Construction, Improvements Other Than Building expense account. (Requires five affirmative votes)
3. Authorize the City Manager to reject the bid submitted by Klassic Engineering & Construction as nonresponsive and award a construction contract to Hardy & Harper, Inc., the lowest responsive bidder, in accordance with the base bid in the amount of $3,400,000, for construction of the Santa Clara Avenue Bike Lane and Pedestrian Improvements, for the term beginning November 15, 2022 and ending upon project completion, subject to nonsubstantive changes approved by the City Manager and the City Attorney.
4. Approve the Project Cost Analysis for a total estimated construction delivery cost of $4,250,000, which includes $3,400,000 for the construction contract, $510,000 for contract administration, inspection and testing, and $340,000 project contingency for unanticipated or unforeseen work.
5. Approve an amendment to the Fiscal Year 202223 Capital Improvement Program to include $581,000 in construction funding from the Measure M2 Local Fairshare funds, and $3,243,000 in construction funding from Senate Bill 1, SCCP grant funds for the Santa Clara Avenue Bike Lane and Pedestrian Improvements from Lincoln Avenue to Pasadena Street.
13. Fiscal Year 202223 First Quarter Budget Report and Proposed Appropriation Adjustments
Department(s): Finance and Management Services
Recommended Action: 1. Approve appropriation adjustments (requires five affirmative votes) to increase General Fund expenditures as follows:
a. $40,000 for a fulltime Librarian to staff the second Knowledge Mobile for the remainder of FY 202223;
b. $35,000 for a fulltime Receptionist to greet and direct visitors; c. $36,600 to print and mail election information cards for the City’s November 2022 ballot measures;
d. $514,764 for the purchase of bus benches, trash containers, and advertising kiosks; and
e. $1,000,000 to plan for development of new public facilities in the Civic Center complex;
f. $1,657,000 to move construction inspection costs from the Public Works Engineering & Project Management internal service fund to the General Fund, along with the associated fee/charge revenue of $1,420,000 for a net impact of $237,000.
2. Increase authorized fulltime staff headcount from 1,342 to 1,359 to capture 11 limitedterm positions funded by the Revive Santa Ana Program as approved by City Council on August 2, 2022, five additional Library positions to staff the second Knowledge Mobile and new Teen Time program, and one additional City Hall Reception position.
14. Approve Appropriation Adjustments recognizing Housing Assistance Payments and Administrative Funds to Administer New and Existing Vouchers (NonGeneral Fund) Department(s): Community Development Agency
Recommended Action: 1. Approve an appropriation adjustment recognizing additional Housing Assistance Payments funds in the amount of $623,708 in revenue account (no. 1401800252007) and appropriating the same amount to expenditure account (no. 1401876062300) to administer 38 new vouchers. (Requires five affirmative votes)
2. Approve an appropriation adjustment recognizing additional Housing Assistance Payments funds in the amount of $376,512 in revenue account (no. 1401800252007) and appropriating the same amount to expenditure account (no. 1401876062300) to administer 25 new Foster Youth to Independence vouchers. (Requires five affirmative votes)
3. Approve an appropriation adjustment recognizing additional Administrative funds in the amount of $115,500 in revenue account (no. 1391878052006) and appropriating the same amount to expenditure account (no. 1391878062300) to administer 231 existing Mainstream Program Vouchers. (Requires five affirmative votes)
15. Purchase and Sale Agreement of Real Property at 1415 French Street for Santa Ana Water Resources Elevated Tank Site (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute a purchase and sale agreement with Santa Ana Unified School District for the purchase of real property located at 1415 French Street (APN 39815101), in the amount of $781,000, plus normal closing costs and escrow fees, for a total amount not to exceed $860,000, subject to nonsubstantive changes approved by the City Manager and the City Attorney (Agreement No. 2022XXX).
16. Approve Agreements with Hunter Consulting, Inc. dba HCI Environmental & Engineering, Real Estate Consulting & Services, Inc., and SLS Property Solutions, Inc. for OnCall Right of Way Property BoardUp Services in an Aggregate Amount Not to Exceed $300,000 for a ThreeYear Term (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute agreements with Hunter Consulting, Inc. dba HCI Environmental & Engineering, Real Estate Consulting & Services, Inc., and SLS Property Solutions, Inc., for boardup services after City takes possession of vacant buildings to secure for Capital Improvement Projects (CIP) in a shared aggregate amount not to exceed $300,000, for a threeyear term beginning November 15, 2022 and expiring November 14, 2025, with an option for two, oneyear extensions, subject nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
17. Approve an Amendment to the Agreement with Ankura Consulting Group, LLC to Provide Construction Auditing Services for the Construction of the Carnegie Homeless Navigation Center (General Fund)
Department(s): City Attorney Office
Recommended Action: Authorize the City Manager to execute an amendment to the agreement with Ankura Consulting Group, LLC (“Ankura”) to provide services for the review and analysis of billings for construction of the Carnegie Homeless Navigation Center by Dyer 18 LLC ("Dyer"), increasing the total nottoexceed amount by an additional $50,000, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
18. Approve a Subcontractor Agreement with Working Wardrobes for Workforce Services in an Amount not to exceed $250,000 Under the Californians for All Youth Workforce Program (NonGeneral Fund)
Department(s): Community Development Agency
Recommended Action: Authorize the City Manager to execute an agreement with Working Wardrobes for workforce services in an amount not to exceed $250,000, for a period from November 15, 2022 to May 1, 2024, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022 XXX).
19. Approve Amendment to the Agreement with BrightLife Designs, LLC for DTSA 2022 Holiday Décor 2022 in an Amount Not to Exceed $370,000 (Revive Santa Ana Program)
Department(s): Community Development Agency
Recommended Action: Authorize the City Manager to execute an amendment to the agreement with BrightLife Designs, LLC to increase the contract amount by $370,000, for a total nottoexceed amount of $420,000 to provide holiday decorations in Downtown Santa Ana, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
20. Approve an Amendment to the Fiscal Year 20222023 Emergency Solutions Grant (ESG) Memorandum of Understanding (MOU) Agreement with the Santa Ana Police Department HEART Program for Additional Street Outreach and ESG Subrecipient Agreement with 211 Orange County for HMIS Data Collection (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 $30,000 for program year July 1, 2022 June 30, 2023 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 $22,340.92 for program year July 1, 2022 June 30, 2023 for additional data collection, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
21. Approve a PreCommitment of $2,200,000 in Inclusionary Housing Funds for the Development of Six Affordable Ownership Units Located at 1921 W Washington Avenue
Department(s): Community Development Agency
Recommended Action: Authorize the City Manager to execute a precommitment letter with Habitat of Humanity of Orange County for $2,200,000 in Inclusionary Housing Funds for the development of six affordable ownership units at 1921 W Washington Avenue, Santa Ana, CA (APN 40510137), subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022 XXX).
22. Approve a Memorandum of Understanding Establishing the Terms and Conditions of Employment for Classifications Represented by Service Employees International Union (SEIU), Local 721, PartTime NonCivil Service Unit Department(s): Human Resources
Recommended Action: Authorize the City Manager to execute a Memorandum of Understanding with Service Employees International Union Local 721, PartTime Non Civil Service Unit regarding wages, hours, and other terms and conditions of employment effective November 16, 2022 through November 15, 2024, and authorize nonsubstantive changes which may be necessary to implement the agreement (Agreement No. 2022XXX).
23. Approve a Memorandum of Understanding Establishing the Terms and Conditions of Employment for Classifications Represented by the Santa Ana Police Management Association
Department(s): Human Resources
Recommended Action: Authorize the City Manager to execute a Memorandum of Understanding with the Santa Ana Police Management Association regarding wages, hours, and other terms and conditions of employment effective January 1, 2022 through June 30, 2025, and authorize nonsubstantive changes which may be necessary to implement the agreement (Agreement No.2022XXX).
24. Adopt a Resolution Approving the Construction Installment Sale Agreement with the California State Water Resources Control Board for Financing of the Well 32 Nitrate Treatment Project (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Resolution No. 2022XXX – Adopt a Resolution approving the Construction Installment Sale Agreement (D2202003) with the California State Water Resources Control Board for financing of the Well 32 Nitrate Treatment Project, in an amount up to $6,249,105 (Agreement No. 2022XXX).
25. 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.
**END OF CONSENT CALENDAR**
BUSINESS CALENDAR
26. Discuss and Provide Direction Regarding the Recommendation of the Community Development Commission to Dissolve the Downtown Santa Ana Business Improvement District or Adopt the Resolution of Intention to Levy 2023 Assessment for Downtown Santa Ana Business Improvement District
Department(s): Community Development Agency
Recommended Action: Discuss the Downtown Santa Ana Business Improvement District and direct staff to either:
1. Approve the recommendation of the Community Development Commission (Commission) to dissolve the Downtown Santa Ana Business Improvement District (BID) and establish a time and place for a public hearing to be held by the City Council on December 20, 2022; or
2. Resolution No. 2022XXX – Adopt the resolution of intention to levy an annual business license tax assessment for the 2023 calendar year and establish a time and place for a public hearing to be held by the City Council on December 6, 2022.
27. Informational Report Relating to the City’s AntiCruising Ordinance Department(s): Police Department
Recommended Action: It is recommended that the City Council accept the informational report and consider one of the following options:
1. Direct staff to return to the City Council with additional information.
2. Leave the anticruising ordinance as is (i.e., make no changes to the Santa Ana Municipal Code relating to cruising).’
3. Direct staff to prepare an ordinance to repeal the anticruising ordinance.
4. Take no action.
**END OF BUSINESS CALENDAR**
COUNCILMEMBER REQUESTED ITEMS
28. Discuss and Consider Directing the City Manager to Direct Staff to Develop a Community Historical Marker Policy and to Install a Community Historical Marker on the Corner of Sycamore and Fourth Streets to Honor, Remember, and Memorialize the Story of Francisco Torres – Councilmember Hernandez CITY MANAGER COMMENTS
COUNCIL COMMENTS
AB1234 DISCLOSURE – If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended.
ADJOURNMENT – Adjourn the City Council meeting and convene to the Special Housing Authority meeting.
Future Items
1. Sanitation Fee – Work Study Session
SPECIAL HOUSING AUTHORITY
CALL TO ORDER
ATTENDANCE Authority Members Johnathan Ryan Hernandez
Jessie Lopez
Nelida Mendoza
David Penaloza
Thai Viet Phan
Vice Chair Phil Bacerra
Chair Vicente Sarmiento
City Manager Kristine Ridge
City Attorney Sonia R. Carvalho
Clerk of the Council
ROLL CALL
PUBLIC COMMENTS – Members of the public may address Housing Authority only on items on the Special Housing Authority agenda.
CONSENT CALENDAR
RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 1 and 2.
1. Excused Absences
Department(s): Clerk of the Council Office
Recommended Action: Excuse the absent members.
2. Quarterly Report for the Housing Choice Voucher Program for the period of July 1, 2022 to September 30, 2022
Department(s): Community Development Agency
Recommended Action: Receive and file the Quarterly Report for the Housing Choice Voucher Program for the period of July 1, 2022 to September 30, 2022. **END OF CONSENT CALENDAR**
HOUSING AUTHORITY MEMBER COMMENTS
ADJOURNMENT – Adjourn the Special Housing Authority meeting.
11/15/2022
City Council and Special Housing Authority
Meeting Agenda
November 15, 2022
CLOSED SESSION MEETING – 5:00 PM
REGULAR OPEN MEETING – 5:45 PM
(Immediately following the Closed Session Meeting)
CITY COUNCIL CHAMBER
22 Civic Center Plaza Santa Ana, CA 92701
Vicente Sarmiento
Mayor
Thai Viet Phan
Councilmember – Ward 1
Nelida Mendoza
Councilmember Ward 2
Jessie Lopez
Councilmember Ward 3
Phil Bacerra
Mayor Pro Tem Ward 4
Johnathan Ryan Hernandez
Councilmember Ward 5
David Penaloza
Councilmember Ward 6
Mayor and Council telephone: 7146476900
Agenda item inquiries: 7146476520
Sonia R. Carvalho
City Attorney
Kristine Ridge
City Manager
Vacant
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:
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, 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’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. 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.
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 SPECIAL HOUSING AUTHORITY ITEMS – You can provide comments by joining Zoom or the Conference Call as described in the LIVE or IN PERSON PUBLIC COMMENTS OPTION above. Speakers not in the queue by 6:00 p.m. will not be permitted to speak.
About the Agenda
To download or view the attachments (staff report and other supporting documentation) for each agenda item, you must select the agenda item to see the attachments to either open in a new link (the eyeball
) or download a pdf (the cloud symbol with the down arrow ).
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
ROLL CALL
PUBLIC COMMENTS – Members of the public may address the City Council on Closed Session items.
CLOSED SESSION ITEMS – The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation:
1. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code:
A. Lonerock, Inc. v. City of Santa Ana, Orange County Superior Court Case No. 30 202101211998CUBCCJC
2. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a):
Agency Negotiators: Human Resources Executive Director, Jason Motsick Employee Organizations:
Santa Ana Police Officers Association (POA)
Santa Ana Police Management Association (PMA)
Service Employees’ International Union (SEIU) FullTime Employees Service Employees’ International Union (SEIU) PartTime NonCivil Service Employees
Confidential Association of Santa Ana (CASA)
Santa Ana Management Association (SAMA)
3. PUBLIC EMPLOYEE EMPLOYMENT/APPOINTMENT pursuant to Government Code 54957
Title: Clerk of the Council, Acting Clerk of the Council, or Interim Clerk of the Council 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 Danny De Leon Sr.
CEREMONIAL PRESENTATIONS
1. Proclamation presented by Mayor Sarmiento to the Guzman Family for their Outstanding Contributions related to Advancing Equity in the Public Education System in the U.S.
STAFF PRESENTATIONS
2. 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: 3 through 25.
3. Excused Absences
Department(s): Clerk of the Council Office
Recommended Action: Excuse the absent members.
4. Minutes from the Regular Meeting of August 16, 2022
Department(s): Clerk of the Council Office
Recommended Action: Approve minutes.
5. Adopt Ordinance No. NSXXXX – AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADDING DIVISION 16 TO ARTICLE IV OF CHAPTER 2 OF THE SANTA ANA MUNICIPAL CODE FOR THE ESTABLISHMENT OF A POLICE OVERSIGHT COMMISSION
First reading at the November 1, 2022 City Council meeting and approved by a vote of 70.
Published in the Orange County Reporter on November 4, 2022.
Department(s): City Manager’s Office
Recommended Action: Place ordinance on second reading and adopt.
6. Receive and File the Certification of Approval by City Engineer of Final Parcel Map 2017157 (200 E First American Way) (Applicant: Ki Ryu; Owner: Legado at The Met, LLC)
Department(s): Public Works Agency
Recommended Action: Receive and file the certification of approval by City Engineer of the final Parcel Map 2017157.
7. Receive and File Quarterly Report of Investments as of September 30, 2022 Department(s): Finance and Management Services
Recommended Action: Receive and file.
8. Quarterly Report for Housing Division Projects and Activities for the period of July 1, 2022 to September 30, 2022
Department(s): Community Development Agency
Recommended Action: Receive and file the Quarterly Report for Housing Division Projects and Activities for the period of July 1, 2022 to September 30, 2022.
9. Approve the Homeless Housing, Assistance, and Prevention (HHAP) Round 4 Application to Receive Funding from the State of California’s Homeless Coordinating and Financing Council (HCFC) to Address Homelessness
Department(s): Community Development Agency
Recommended Action: Approve the submission of the Homeless Housing, Assistance and Prevention (HHAP) Program Round 4 Application to receive funding from the State of California’s Homeless Coordinating and Financing Council (HCFC) to address homelessness.
10. Approve an Amendment to the Blanket Order Contracts for Equipment Rentals by $198,000 Annually and Add Herc Rentals to the List of Approved Vendors on Contract (Specification No. 22045) (General Fund)
Department(s): Public Works Agency
Recommended Action: Authorize an amendment to the blanket order contracts for equipment rentals to increase the annual aggregate amount by $198,000, for a revised amount of $278,000 for the remainder of the current oneyear term expiring April 19, 2023, with four oneyear renewal periods, and add Herc Rentals to the list of approved vendors on contract for equipment rentals, subject to nonsubstantive changes approved by the City Manager and City Attorney.
11. Award a Blanket Order Contract to Pacific Star Corporation for Water Quality Testing Supplies, Materials, and Equipment in an Annual Amount of $130,000 (Specification No. 22118) (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Award a blanket order contract to Pacific Star Corporation for water quality testing supplies, materials, and equipment for an annual amount not to exceed $130,000, for a oneyear term beginning November 15, 2022 and expiring November 14, 2023, with four oneyear renewal options, subject to nonsubstantive changes approved by the City Manager and City Attorney.
12. Approve Appropriation Adjustments Recognizing Measure M2 Local Fairshare and Senate Bill and Grant Funds and Award a Construction Contract to Hardy & Harper, Inc., in the amount of $3,400,000 for the Santa Clara Avenue Bike Lane and Pedestrian Improvements From Lincoln Avenue to Pasadena Street Project with an Estimated Project Delivery Cost of $4,250,000 (Project No. 236997) (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Approve an appropriation adjustment to recognize $581,000 in prior year fund balance in the Measure M2 Local Fairshare, Prior Year Carry Forward revenue account, and appropriating the same amount to the Measure M2 Local Fairshare, Improvements Other Than Building expense account. (Requires five affirmative votes)
2. Approve an appropriation adjustment to recognize $3,243,000 in Senate Bill 1, Solutions for Congested Corridors Program (SCCP) grant funds in the Select Street Construction, State GrantsIndirect revenue account, and appropriating the same amount to the Select Street Construction, Improvements Other Than Building expense account. (Requires five affirmative votes)
3. Authorize the City Manager to reject the bid submitted by Klassic Engineering & Construction as nonresponsive and award a construction contract to Hardy & Harper, Inc., the lowest responsive bidder, in accordance with the base bid in the amount of $3,400,000, for construction of the Santa Clara Avenue Bike Lane and Pedestrian Improvements, for the term beginning November 15, 2022 and ending upon project completion, subject to nonsubstantive changes approved by the City Manager and the City Attorney.
4. Approve the Project Cost Analysis for a total estimated construction delivery cost of $4,250,000, which includes $3,400,000 for the construction contract, $510,000 for contract administration, inspection and testing, and $340,000 project contingency for unanticipated or unforeseen work.
5. Approve an amendment to the Fiscal Year 202223 Capital Improvement Program to include $581,000 in construction funding from the Measure M2 Local Fairshare funds, and $3,243,000 in construction funding from Senate Bill 1, SCCP grant funds for the Santa Clara Avenue Bike Lane and Pedestrian Improvements from Lincoln Avenue to Pasadena Street.
13. Fiscal Year 202223 First Quarter Budget Report and Proposed Appropriation Adjustments
Department(s): Finance and Management Services
Recommended Action: 1. Approve appropriation adjustments (requires five affirmative votes) to increase General Fund expenditures as follows:
a. $40,000 for a fulltime Librarian to staff the second Knowledge Mobile for the remainder of FY 202223;
b. $35,000 for a fulltime Receptionist to greet and direct visitors; c. $36,600 to print and mail election information cards for the City’s November 2022 ballot measures;
d. $514,764 for the purchase of bus benches, trash containers, and advertising kiosks; and
e. $1,000,000 to plan for development of new public facilities in the Civic Center complex;
f. $1,657,000 to move construction inspection costs from the Public Works Engineering & Project Management internal service fund to the General Fund, along with the associated fee/charge revenue of $1,420,000 for a net impact of $237,000.
2. Increase authorized fulltime staff headcount from 1,342 to 1,359 to capture 11 limitedterm positions funded by the Revive Santa Ana Program as approved by City Council on August 2, 2022, five additional Library positions to staff the second Knowledge Mobile and new Teen Time program, and one additional City Hall Reception position.
14. Approve Appropriation Adjustments recognizing Housing Assistance Payments and Administrative Funds to Administer New and Existing Vouchers (NonGeneral Fund) Department(s): Community Development Agency
Recommended Action: 1. Approve an appropriation adjustment recognizing additional Housing Assistance Payments funds in the amount of $623,708 in revenue account (no. 1401800252007) and appropriating the same amount to expenditure account (no. 1401876062300) to administer 38 new vouchers. (Requires five affirmative votes)
2. Approve an appropriation adjustment recognizing additional Housing Assistance Payments funds in the amount of $376,512 in revenue account (no. 1401800252007) and appropriating the same amount to expenditure account (no. 1401876062300) to administer 25 new Foster Youth to Independence vouchers. (Requires five affirmative votes)
3. Approve an appropriation adjustment recognizing additional Administrative funds in the amount of $115,500 in revenue account (no. 1391878052006) and appropriating the same amount to expenditure account (no. 1391878062300) to administer 231 existing Mainstream Program Vouchers. (Requires five affirmative votes)
15. Purchase and Sale Agreement of Real Property at 1415 French Street for Santa Ana Water Resources Elevated Tank Site (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute a purchase and sale agreement with Santa Ana Unified School District for the purchase of real property located at 1415 French Street (APN 39815101), in the amount of $781,000, plus normal closing costs and escrow fees, for a total amount not to exceed $860,000, subject to nonsubstantive changes approved by the City Manager and the City Attorney (Agreement No. 2022XXX).
16. Approve Agreements with Hunter Consulting, Inc. dba HCI Environmental & Engineering, Real Estate Consulting & Services, Inc., and SLS Property Solutions, Inc. for OnCall Right of Way Property BoardUp Services in an Aggregate Amount Not to Exceed $300,000 for a ThreeYear Term (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute agreements with Hunter Consulting, Inc. dba HCI Environmental & Engineering, Real Estate Consulting & Services, Inc., and SLS Property Solutions, Inc., for boardup services after City takes possession of vacant buildings to secure for Capital Improvement Projects (CIP) in a shared aggregate amount not to exceed $300,000, for a threeyear term beginning November 15, 2022 and expiring November 14, 2025, with an option for two, oneyear extensions, subject nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
17. Approve an Amendment to the Agreement with Ankura Consulting Group, LLC to Provide Construction Auditing Services for the Construction of the Carnegie Homeless Navigation Center (General Fund)
Department(s): City Attorney Office
Recommended Action: Authorize the City Manager to execute an amendment to the agreement with Ankura Consulting Group, LLC (“Ankura”) to provide services for the review and analysis of billings for construction of the Carnegie Homeless Navigation Center by Dyer 18 LLC ("Dyer"), increasing the total nottoexceed amount by an additional $50,000, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
18. Approve a Subcontractor Agreement with Working Wardrobes for Workforce Services in an Amount not to exceed $250,000 Under the Californians for All Youth Workforce Program (NonGeneral Fund)
Department(s): Community Development Agency
Recommended Action: Authorize the City Manager to execute an agreement with Working Wardrobes for workforce services in an amount not to exceed $250,000, for a period from November 15, 2022 to May 1, 2024, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022 XXX).
19. Approve Amendment to the Agreement with BrightLife Designs, LLC for DTSA 2022 Holiday Décor 2022 in an Amount Not to Exceed $370,000 (Revive Santa Ana Program)
Department(s): Community Development Agency
Recommended Action: Authorize the City Manager to execute an amendment to the agreement with BrightLife Designs, LLC to increase the contract amount by $370,000, for a total nottoexceed amount of $420,000 to provide holiday decorations in Downtown Santa Ana, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
20. Approve an Amendment to the Fiscal Year 20222023 Emergency Solutions Grant (ESG) Memorandum of Understanding (MOU) Agreement with the Santa Ana Police Department HEART Program for Additional Street Outreach and ESG Subrecipient Agreement with 211 Orange County for HMIS Data Collection (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 $30,000 for program year July 1, 2022 June 30, 2023 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 $22,340.92 for program year July 1, 2022 June 30, 2023 for additional data collection, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
21. Approve a PreCommitment of $2,200,000 in Inclusionary Housing Funds for the Development of Six Affordable Ownership Units Located at 1921 W Washington Avenue
Department(s): Community Development Agency
Recommended Action: Authorize the City Manager to execute a precommitment letter with Habitat of Humanity of Orange County for $2,200,000 in Inclusionary Housing Funds for the development of six affordable ownership units at 1921 W Washington Avenue, Santa Ana, CA (APN 40510137), subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022 XXX).
22. Approve a Memorandum of Understanding Establishing the Terms and Conditions of Employment for Classifications Represented by Service Employees International Union (SEIU), Local 721, PartTime NonCivil Service Unit Department(s): Human Resources
Recommended Action: Authorize the City Manager to execute a Memorandum of Understanding with Service Employees International Union Local 721, PartTime Non Civil Service Unit regarding wages, hours, and other terms and conditions of employment effective November 16, 2022 through November 15, 2024, and authorize nonsubstantive changes which may be necessary to implement the agreement (Agreement No. 2022XXX).
23. Approve a Memorandum of Understanding Establishing the Terms and Conditions of Employment for Classifications Represented by the Santa Ana Police Management Association
Department(s): Human Resources
Recommended Action: Authorize the City Manager to execute a Memorandum of Understanding with the Santa Ana Police Management Association regarding wages, hours, and other terms and conditions of employment effective January 1, 2022 through June 30, 2025, and authorize nonsubstantive changes which may be necessary to implement the agreement (Agreement No.2022XXX).
24. Adopt a Resolution Approving the Construction Installment Sale Agreement with the California State Water Resources Control Board for Financing of the Well 32 Nitrate Treatment Project (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Resolution No. 2022XXX – Adopt a Resolution approving the Construction Installment Sale Agreement (D2202003) with the California State Water Resources Control Board for financing of the Well 32 Nitrate Treatment Project, in an amount up to $6,249,105 (Agreement No. 2022XXX).
25. 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.
**END OF CONSENT CALENDAR**
BUSINESS CALENDAR
26. Discuss and Provide Direction Regarding the Recommendation of the Community Development Commission to Dissolve the Downtown Santa Ana Business Improvement District or Adopt the Resolution of Intention to Levy 2023 Assessment for Downtown Santa Ana Business Improvement District
Department(s): Community Development Agency
Recommended Action: Discuss the Downtown Santa Ana Business Improvement District and direct staff to either:
1. Approve the recommendation of the Community Development Commission (Commission) to dissolve the Downtown Santa Ana Business Improvement District (BID) and establish a time and place for a public hearing to be held by the City Council on December 20, 2022; or
2. Resolution No. 2022XXX – Adopt the resolution of intention to levy an annual business license tax assessment for the 2023 calendar year and establish a time and place for a public hearing to be held by the City Council on December 6, 2022.
27. Informational Report Relating to the City’s AntiCruising Ordinance Department(s): Police Department
Recommended Action: It is recommended that the City Council accept the informational report and consider one of the following options:
1. Direct staff to return to the City Council with additional information.
2. Leave the anticruising ordinance as is (i.e., make no changes to the Santa Ana Municipal Code relating to cruising).’
3. Direct staff to prepare an ordinance to repeal the anticruising ordinance.
4. Take no action.
**END OF BUSINESS CALENDAR**
COUNCILMEMBER REQUESTED ITEMS
28. Discuss and Consider Directing the City Manager to Direct Staff to Develop a Community Historical Marker Policy and to Install a Community Historical Marker on the Corner of Sycamore and Fourth Streets to Honor, Remember, and Memorialize the Story of Francisco Torres – Councilmember Hernandez CITY MANAGER COMMENTS
COUNCIL COMMENTS
AB1234 DISCLOSURE – If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended.
ADJOURNMENT – Adjourn the City Council meeting and convene to the Special Housing Authority meeting.
Future Items
1. Sanitation Fee – Work Study Session
SPECIAL HOUSING AUTHORITY
CALL TO ORDER
ATTENDANCE Authority Members Johnathan Ryan Hernandez
Jessie Lopez
Nelida Mendoza
David Penaloza
Thai Viet Phan
Vice Chair Phil Bacerra
Chair Vicente Sarmiento
City Manager Kristine Ridge
City Attorney Sonia R. Carvalho
Clerk of the Council
ROLL CALL
PUBLIC COMMENTS – Members of the public may address Housing Authority only on items on the Special Housing Authority agenda.
CONSENT CALENDAR
RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 1 and 2.
1. Excused Absences
Department(s): Clerk of the Council Office
Recommended Action: Excuse the absent members.
2. Quarterly Report for the Housing Choice Voucher Program for the period of July 1, 2022 to September 30, 2022
Department(s): Community Development Agency
Recommended Action: Receive and file the Quarterly Report for the Housing Choice Voucher Program for the period of July 1, 2022 to September 30, 2022. **END OF CONSENT CALENDAR**
HOUSING AUTHORITY MEMBER COMMENTS
ADJOURNMENT – Adjourn the Special Housing Authority meeting.
11/15/2022
City Council and Special Housing Authority
Meeting Agenda
November 15, 2022
CLOSED SESSION MEETING – 5:00 PM
REGULAR OPEN MEETING – 5:45 PM
(Immediately following the Closed Session Meeting)
CITY COUNCIL CHAMBER
22 Civic Center Plaza Santa Ana, CA 92701
Vicente Sarmiento
Mayor
Thai Viet Phan
Councilmember – Ward 1
Nelida Mendoza
Councilmember Ward 2
Jessie Lopez
Councilmember Ward 3
Phil Bacerra
Mayor Pro Tem Ward 4
Johnathan Ryan Hernandez
Councilmember Ward 5
David Penaloza
Councilmember Ward 6
Mayor and Council telephone: 7146476900
Agenda item inquiries: 7146476520
Sonia R. Carvalho
City Attorney
Kristine Ridge
City Manager
Vacant
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:
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, 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’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. 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.
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 SPECIAL HOUSING AUTHORITY ITEMS – You can provide comments by joining Zoom or the Conference Call as described in the LIVE or IN PERSON PUBLIC COMMENTS OPTION above. Speakers not in the queue by 6:00 p.m. will not be permitted to speak.
About the Agenda
To download or view the attachments (staff report and other supporting documentation) for each agenda item, you must select the agenda item to see the attachments to either open in a new link (the eyeball
) or download a pdf (the cloud symbol with the down arrow ).
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
ROLL CALL
PUBLIC COMMENTS – Members of the public may address the City Council on Closed Session items.
CLOSED SESSION ITEMS – The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation:
1. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code:
A. Lonerock, Inc. v. City of Santa Ana, Orange County Superior Court Case No. 30 202101211998CUBCCJC
2. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a):
Agency Negotiators: Human Resources Executive Director, Jason Motsick Employee Organizations:
Santa Ana Police Officers Association (POA)
Santa Ana Police Management Association (PMA)
Service Employees’ International Union (SEIU) FullTime Employees Service Employees’ International Union (SEIU) PartTime NonCivil Service Employees
Confidential Association of Santa Ana (CASA)
Santa Ana Management Association (SAMA)
3. PUBLIC EMPLOYEE EMPLOYMENT/APPOINTMENT pursuant to Government Code 54957
Title: Clerk of the Council, Acting Clerk of the Council, or Interim Clerk of the Council 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 Danny De Leon Sr.
CEREMONIAL PRESENTATIONS
1. Proclamation presented by Mayor Sarmiento to the Guzman Family for their Outstanding Contributions related to Advancing Equity in the Public Education System in the U.S.
STAFF PRESENTATIONS
2. 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: 3 through 25.
3. Excused Absences
Department(s): Clerk of the Council Office
Recommended Action: Excuse the absent members.
4. Minutes from the Regular Meeting of August 16, 2022
Department(s): Clerk of the Council Office
Recommended Action: Approve minutes.
5. Adopt Ordinance No. NSXXXX – AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADDING DIVISION 16 TO ARTICLE IV OF CHAPTER 2 OF THE SANTA ANA MUNICIPAL CODE FOR THE ESTABLISHMENT OF A POLICE OVERSIGHT COMMISSION
First reading at the November 1, 2022 City Council meeting and approved by a vote of 70.
Published in the Orange County Reporter on November 4, 2022.
Department(s): City Manager’s Office
Recommended Action: Place ordinance on second reading and adopt.
6. Receive and File the Certification of Approval by City Engineer of Final Parcel Map 2017157 (200 E First American Way) (Applicant: Ki Ryu; Owner: Legado at The Met, LLC)
Department(s): Public Works Agency
Recommended Action: Receive and file the certification of approval by City Engineer of the final Parcel Map 2017157.
7. Receive and File Quarterly Report of Investments as of September 30, 2022 Department(s): Finance and Management Services
Recommended Action: Receive and file.
8. Quarterly Report for Housing Division Projects and Activities for the period of July 1, 2022 to September 30, 2022
Department(s): Community Development Agency
Recommended Action: Receive and file the Quarterly Report for Housing Division Projects and Activities for the period of July 1, 2022 to September 30, 2022.
9. Approve the Homeless Housing, Assistance, and Prevention (HHAP) Round 4 Application to Receive Funding from the State of California’s Homeless Coordinating and Financing Council (HCFC) to Address Homelessness
Department(s): Community Development Agency
Recommended Action: Approve the submission of the Homeless Housing, Assistance and Prevention (HHAP) Program Round 4 Application to receive funding from the State of California’s Homeless Coordinating and Financing Council (HCFC) to address homelessness.
10. Approve an Amendment to the Blanket Order Contracts for Equipment Rentals by $198,000 Annually and Add Herc Rentals to the List of Approved Vendors on Contract (Specification No. 22045) (General Fund)
Department(s): Public Works Agency
Recommended Action: Authorize an amendment to the blanket order contracts for equipment rentals to increase the annual aggregate amount by $198,000, for a revised amount of $278,000 for the remainder of the current oneyear term expiring April 19, 2023, with four oneyear renewal periods, and add Herc Rentals to the list of approved vendors on contract for equipment rentals, subject to nonsubstantive changes approved by the City Manager and City Attorney.
11. Award a Blanket Order Contract to Pacific Star Corporation for Water Quality Testing Supplies, Materials, and Equipment in an Annual Amount of $130,000 (Specification No. 22118) (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Award a blanket order contract to Pacific Star Corporation for water quality testing supplies, materials, and equipment for an annual amount not to exceed $130,000, for a oneyear term beginning November 15, 2022 and expiring November 14, 2023, with four oneyear renewal options, subject to nonsubstantive changes approved by the City Manager and City Attorney.
12. Approve Appropriation Adjustments Recognizing Measure M2 Local Fairshare and Senate Bill and Grant Funds and Award a Construction Contract to Hardy & Harper, Inc., in the amount of $3,400,000 for the Santa Clara Avenue Bike Lane and Pedestrian Improvements From Lincoln Avenue to Pasadena Street Project with an Estimated Project Delivery Cost of $4,250,000 (Project No. 236997) (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Approve an appropriation adjustment to recognize $581,000 in prior year fund balance in the Measure M2 Local Fairshare, Prior Year Carry Forward revenue account, and appropriating the same amount to the Measure M2 Local Fairshare, Improvements Other Than Building expense account. (Requires five affirmative votes)
2. Approve an appropriation adjustment to recognize $3,243,000 in Senate Bill 1, Solutions for Congested Corridors Program (SCCP) grant funds in the Select Street Construction, State GrantsIndirect revenue account, and appropriating the same amount to the Select Street Construction, Improvements Other Than Building expense account. (Requires five affirmative votes)
3. Authorize the City Manager to reject the bid submitted by Klassic Engineering & Construction as nonresponsive and award a construction contract to Hardy & Harper, Inc., the lowest responsive bidder, in accordance with the base bid in the amount of $3,400,000, for construction of the Santa Clara Avenue Bike Lane and Pedestrian Improvements, for the term beginning November 15, 2022 and ending upon project completion, subject to nonsubstantive changes approved by the City Manager and the City Attorney.
4. Approve the Project Cost Analysis for a total estimated construction delivery cost of $4,250,000, which includes $3,400,000 for the construction contract, $510,000 for contract administration, inspection and testing, and $340,000 project contingency for unanticipated or unforeseen work.
5. Approve an amendment to the Fiscal Year 202223 Capital Improvement Program to include $581,000 in construction funding from the Measure M2 Local Fairshare funds, and $3,243,000 in construction funding from Senate Bill 1, SCCP grant funds for the Santa Clara Avenue Bike Lane and Pedestrian Improvements from Lincoln Avenue to Pasadena Street.
13. Fiscal Year 202223 First Quarter Budget Report and Proposed Appropriation Adjustments
Department(s): Finance and Management Services
Recommended Action: 1. Approve appropriation adjustments (requires five affirmative votes) to increase General Fund expenditures as follows:
a. $40,000 for a fulltime Librarian to staff the second Knowledge Mobile for the remainder of FY 202223;
b. $35,000 for a fulltime Receptionist to greet and direct visitors; c. $36,600 to print and mail election information cards for the City’s November 2022 ballot measures;
d. $514,764 for the purchase of bus benches, trash containers, and advertising kiosks; and
e. $1,000,000 to plan for development of new public facilities in the Civic Center complex;
f. $1,657,000 to move construction inspection costs from the Public Works Engineering & Project Management internal service fund to the General Fund, along with the associated fee/charge revenue of $1,420,000 for a net impact of $237,000.
2. Increase authorized fulltime staff headcount from 1,342 to 1,359 to capture 11 limitedterm positions funded by the Revive Santa Ana Program as approved by City Council on August 2, 2022, five additional Library positions to staff the second Knowledge Mobile and new Teen Time program, and one additional City Hall Reception position.
14. Approve Appropriation Adjustments recognizing Housing Assistance Payments and Administrative Funds to Administer New and Existing Vouchers (NonGeneral Fund) Department(s): Community Development Agency
Recommended Action: 1. Approve an appropriation adjustment recognizing additional Housing Assistance Payments funds in the amount of $623,708 in revenue account (no. 1401800252007) and appropriating the same amount to expenditure account (no. 1401876062300) to administer 38 new vouchers. (Requires five affirmative votes)
2. Approve an appropriation adjustment recognizing additional Housing Assistance Payments funds in the amount of $376,512 in revenue account (no. 1401800252007) and appropriating the same amount to expenditure account (no. 1401876062300) to administer 25 new Foster Youth to Independence vouchers. (Requires five affirmative votes)
3. Approve an appropriation adjustment recognizing additional Administrative funds in the amount of $115,500 in revenue account (no. 1391878052006) and appropriating the same amount to expenditure account (no. 1391878062300) to administer 231 existing Mainstream Program Vouchers. (Requires five affirmative votes)
15. Purchase and Sale Agreement of Real Property at 1415 French Street for Santa Ana Water Resources Elevated Tank Site (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute a purchase and sale agreement with Santa Ana Unified School District for the purchase of real property located at 1415 French Street (APN 39815101), in the amount of $781,000, plus normal closing costs and escrow fees, for a total amount not to exceed $860,000, subject to nonsubstantive changes approved by the City Manager and the City Attorney (Agreement No. 2022XXX).
16. Approve Agreements with Hunter Consulting, Inc. dba HCI Environmental & Engineering, Real Estate Consulting & Services, Inc., and SLS Property Solutions, Inc. for OnCall Right of Way Property BoardUp Services in an Aggregate Amount Not to Exceed $300,000 for a ThreeYear Term (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute agreements with Hunter Consulting, Inc. dba HCI Environmental & Engineering, Real Estate Consulting & Services, Inc., and SLS Property Solutions, Inc., for boardup services after City takes possession of vacant buildings to secure for Capital Improvement Projects (CIP) in a shared aggregate amount not to exceed $300,000, for a threeyear term beginning November 15, 2022 and expiring November 14, 2025, with an option for two, oneyear extensions, subject nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
17. Approve an Amendment to the Agreement with Ankura Consulting Group, LLC to Provide Construction Auditing Services for the Construction of the Carnegie Homeless Navigation Center (General Fund)
Department(s): City Attorney Office
Recommended Action: Authorize the City Manager to execute an amendment to the agreement with Ankura Consulting Group, LLC (“Ankura”) to provide services for the review and analysis of billings for construction of the Carnegie Homeless Navigation Center by Dyer 18 LLC ("Dyer"), increasing the total nottoexceed amount by an additional $50,000, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
18. Approve a Subcontractor Agreement with Working Wardrobes for Workforce Services in an Amount not to exceed $250,000 Under the Californians for All Youth Workforce Program (NonGeneral Fund)
Department(s): Community Development Agency
Recommended Action: Authorize the City Manager to execute an agreement with Working Wardrobes for workforce services in an amount not to exceed $250,000, for a period from November 15, 2022 to May 1, 2024, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022 XXX).
19. Approve Amendment to the Agreement with BrightLife Designs, LLC for DTSA 2022 Holiday Décor 2022 in an Amount Not to Exceed $370,000 (Revive Santa Ana Program)
Department(s): Community Development Agency
Recommended Action: Authorize the City Manager to execute an amendment to the agreement with BrightLife Designs, LLC to increase the contract amount by $370,000, for a total nottoexceed amount of $420,000 to provide holiday decorations in Downtown Santa Ana, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
20. Approve an Amendment to the Fiscal Year 20222023 Emergency Solutions Grant (ESG) Memorandum of Understanding (MOU) Agreement with the Santa Ana Police Department HEART Program for Additional Street Outreach and ESG Subrecipient Agreement with 211 Orange County for HMIS Data Collection (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 $30,000 for program year July 1, 2022 June 30, 2023 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 $22,340.92 for program year July 1, 2022 June 30, 2023 for additional data collection, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
21. Approve a PreCommitment of $2,200,000 in Inclusionary Housing Funds for the Development of Six Affordable Ownership Units Located at 1921 W Washington Avenue
Department(s): Community Development Agency
Recommended Action: Authorize the City Manager to execute a precommitment letter with Habitat of Humanity of Orange County for $2,200,000 in Inclusionary Housing Funds for the development of six affordable ownership units at 1921 W Washington Avenue, Santa Ana, CA (APN 40510137), subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022 XXX).
22. Approve a Memorandum of Understanding Establishing the Terms and Conditions of Employment for Classifications Represented by Service Employees International Union (SEIU), Local 721, PartTime NonCivil Service Unit Department(s): Human Resources
Recommended Action: Authorize the City Manager to execute a Memorandum of Understanding with Service Employees International Union Local 721, PartTime Non Civil Service Unit regarding wages, hours, and other terms and conditions of employment effective November 16, 2022 through November 15, 2024, and authorize nonsubstantive changes which may be necessary to implement the agreement (Agreement No. 2022XXX).
23. Approve a Memorandum of Understanding Establishing the Terms and Conditions of Employment for Classifications Represented by the Santa Ana Police Management Association
Department(s): Human Resources
Recommended Action: Authorize the City Manager to execute a Memorandum of Understanding with the Santa Ana Police Management Association regarding wages, hours, and other terms and conditions of employment effective January 1, 2022 through June 30, 2025, and authorize nonsubstantive changes which may be necessary to implement the agreement (Agreement No.2022XXX).
24. Adopt a Resolution Approving the Construction Installment Sale Agreement with the California State Water Resources Control Board for Financing of the Well 32 Nitrate Treatment Project (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Resolution No. 2022XXX – Adopt a Resolution approving the Construction Installment Sale Agreement (D2202003) with the California State Water Resources Control Board for financing of the Well 32 Nitrate Treatment Project, in an amount up to $6,249,105 (Agreement No. 2022XXX).
25. 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.
**END OF CONSENT CALENDAR**
BUSINESS CALENDAR
26. Discuss and Provide Direction Regarding the Recommendation of the Community Development Commission to Dissolve the Downtown Santa Ana Business Improvement District or Adopt the Resolution of Intention to Levy 2023 Assessment for Downtown Santa Ana Business Improvement District
Department(s): Community Development Agency
Recommended Action: Discuss the Downtown Santa Ana Business Improvement District and direct staff to either:
1. Approve the recommendation of the Community Development Commission (Commission) to dissolve the Downtown Santa Ana Business Improvement District (BID) and establish a time and place for a public hearing to be held by the City Council on December 20, 2022; or
2. Resolution No. 2022XXX – Adopt the resolution of intention to levy an annual business license tax assessment for the 2023 calendar year and establish a time and place for a public hearing to be held by the City Council on December 6, 2022.
27. Informational Report Relating to the City’s AntiCruising Ordinance Department(s): Police Department
Recommended Action: It is recommended that the City Council accept the informational report and consider one of the following options:
1. Direct staff to return to the City Council with additional information.
2. Leave the anticruising ordinance as is (i.e., make no changes to the Santa Ana Municipal Code relating to cruising).’
3. Direct staff to prepare an ordinance to repeal the anticruising ordinance.
4. Take no action.
**END OF BUSINESS CALENDAR**
COUNCILMEMBER REQUESTED ITEMS
28. Discuss and Consider Directing the City Manager to Direct Staff to Develop a Community Historical Marker Policy and to Install a Community Historical Marker on the Corner of Sycamore and Fourth Streets to Honor, Remember, and Memorialize the Story of Francisco Torres – Councilmember Hernandez CITY MANAGER COMMENTS
COUNCIL COMMENTS
AB1234 DISCLOSURE – If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended.
ADJOURNMENT – Adjourn the City Council meeting and convene to the Special Housing Authority meeting.
Future Items
1. Sanitation Fee – Work Study Session
SPECIAL HOUSING AUTHORITY
CALL TO ORDER
ATTENDANCE Authority Members Johnathan Ryan Hernandez
Jessie Lopez
Nelida Mendoza
David Penaloza
Thai Viet Phan
Vice Chair Phil Bacerra
Chair Vicente Sarmiento
City Manager Kristine Ridge
City Attorney Sonia R. Carvalho
Clerk of the Council
ROLL CALL
PUBLIC COMMENTS – Members of the public may address Housing Authority only on items on the Special Housing Authority agenda.
CONSENT CALENDAR
RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 1 and 2.
1. Excused Absences
Department(s): Clerk of the Council Office
Recommended Action: Excuse the absent members.
2. Quarterly Report for the Housing Choice Voucher Program for the period of July 1, 2022 to September 30, 2022
Department(s): Community Development Agency
Recommended Action: Receive and file the Quarterly Report for the Housing Choice Voucher Program for the period of July 1, 2022 to September 30, 2022. **END OF CONSENT CALENDAR**
HOUSING AUTHORITY MEMBER COMMENTS
ADJOURNMENT – Adjourn the Special Housing Authority meeting.
11/15/2022
City Council and Special Housing Authority
Meeting Agenda
November 15, 2022
CLOSED SESSION MEETING – 5:00 PM
REGULAR OPEN MEETING – 5:45 PM
(Immediately following the Closed Session Meeting)
CITY COUNCIL CHAMBER
22 Civic Center Plaza Santa Ana, CA 92701
Vicente Sarmiento
Mayor
Thai Viet Phan
Councilmember – Ward 1
Nelida Mendoza
Councilmember Ward 2
Jessie Lopez
Councilmember Ward 3
Phil Bacerra
Mayor Pro Tem Ward 4
Johnathan Ryan Hernandez
Councilmember Ward 5
David Penaloza
Councilmember Ward 6
Mayor and Council telephone: 7146476900
Agenda item inquiries: 7146476520
Sonia R. Carvalho
City Attorney
Kristine Ridge
City Manager
Vacant
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:
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, 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’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. 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.
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 SPECIAL HOUSING AUTHORITY ITEMS – You can provide comments by joining Zoom or the Conference Call as described in the LIVE or IN PERSON PUBLIC COMMENTS OPTION above. Speakers not in the queue by 6:00 p.m. will not be permitted to speak.
About the Agenda
To download or view the attachments (staff report and other supporting documentation) for each agenda item, you must select the agenda item to see the attachments to either open in a new link (the eyeball
) or download a pdf (the cloud symbol with the down arrow ).
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
ROLL CALL
PUBLIC COMMENTS – Members of the public may address the City Council on Closed Session items.
CLOSED SESSION ITEMS – The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation:
1. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code:
A. Lonerock, Inc. v. City of Santa Ana, Orange County Superior Court Case No. 30 202101211998CUBCCJC
2. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a):
Agency Negotiators: Human Resources Executive Director, Jason Motsick Employee Organizations:
Santa Ana Police Officers Association (POA)
Santa Ana Police Management Association (PMA)
Service Employees’ International Union (SEIU) FullTime Employees Service Employees’ International Union (SEIU) PartTime NonCivil Service Employees
Confidential Association of Santa Ana (CASA)
Santa Ana Management Association (SAMA)
3. PUBLIC EMPLOYEE EMPLOYMENT/APPOINTMENT pursuant to Government Code 54957
Title: Clerk of the Council, Acting Clerk of the Council, or Interim Clerk of the Council 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 Danny De Leon Sr.
CEREMONIAL PRESENTATIONS
1. Proclamation presented by Mayor Sarmiento to the Guzman Family for their Outstanding Contributions related to Advancing Equity in the Public Education System in the U.S.
STAFF PRESENTATIONS
2. 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: 3 through 25.
3. Excused Absences
Department(s): Clerk of the Council Office
Recommended Action: Excuse the absent members.
4. Minutes from the Regular Meeting of August 16, 2022
Department(s): Clerk of the Council Office
Recommended Action: Approve minutes.
5. Adopt Ordinance No. NSXXXX – AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADDING DIVISION 16 TO ARTICLE IV OF CHAPTER 2 OF THE SANTA ANA MUNICIPAL CODE FOR THE ESTABLISHMENT OF A POLICE OVERSIGHT COMMISSION
First reading at the November 1, 2022 City Council meeting and approved by a vote of 70.
Published in the Orange County Reporter on November 4, 2022.
Department(s): City Manager’s Office
Recommended Action: Place ordinance on second reading and adopt.
6. Receive and File the Certification of Approval by City Engineer of Final Parcel Map 2017157 (200 E First American Way) (Applicant: Ki Ryu; Owner: Legado at The Met, LLC)
Department(s): Public Works Agency
Recommended Action: Receive and file the certification of approval by City Engineer of the final Parcel Map 2017157.
7. Receive and File Quarterly Report of Investments as of September 30, 2022 Department(s): Finance and Management Services
Recommended Action: Receive and file.
8. Quarterly Report for Housing Division Projects and Activities for the period of July 1, 2022 to September 30, 2022
Department(s): Community Development Agency
Recommended Action: Receive and file the Quarterly Report for Housing Division Projects and Activities for the period of July 1, 2022 to September 30, 2022.
9. Approve the Homeless Housing, Assistance, and Prevention (HHAP) Round 4 Application to Receive Funding from the State of California’s Homeless Coordinating and Financing Council (HCFC) to Address Homelessness
Department(s): Community Development Agency
Recommended Action: Approve the submission of the Homeless Housing, Assistance and Prevention (HHAP) Program Round 4 Application to receive funding from the State of California’s Homeless Coordinating and Financing Council (HCFC) to address homelessness.
10. Approve an Amendment to the Blanket Order Contracts for Equipment Rentals by $198,000 Annually and Add Herc Rentals to the List of Approved Vendors on Contract (Specification No. 22045) (General Fund)
Department(s): Public Works Agency
Recommended Action: Authorize an amendment to the blanket order contracts for equipment rentals to increase the annual aggregate amount by $198,000, for a revised amount of $278,000 for the remainder of the current oneyear term expiring April 19, 2023, with four oneyear renewal periods, and add Herc Rentals to the list of approved vendors on contract for equipment rentals, subject to nonsubstantive changes approved by the City Manager and City Attorney.
11. Award a Blanket Order Contract to Pacific Star Corporation for Water Quality Testing Supplies, Materials, and Equipment in an Annual Amount of $130,000 (Specification No. 22118) (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Award a blanket order contract to Pacific Star Corporation for water quality testing supplies, materials, and equipment for an annual amount not to exceed $130,000, for a oneyear term beginning November 15, 2022 and expiring November 14, 2023, with four oneyear renewal options, subject to nonsubstantive changes approved by the City Manager and City Attorney.
12. Approve Appropriation Adjustments Recognizing Measure M2 Local Fairshare and Senate Bill and Grant Funds and Award a Construction Contract to Hardy & Harper, Inc., in the amount of $3,400,000 for the Santa Clara Avenue Bike Lane and Pedestrian Improvements From Lincoln Avenue to Pasadena Street Project with an Estimated Project Delivery Cost of $4,250,000 (Project No. 236997) (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Approve an appropriation adjustment to recognize $581,000 in prior year fund balance in the Measure M2 Local Fairshare, Prior Year Carry Forward revenue account, and appropriating the same amount to the Measure M2 Local Fairshare, Improvements Other Than Building expense account. (Requires five affirmative votes)
2. Approve an appropriation adjustment to recognize $3,243,000 in Senate Bill 1, Solutions for Congested Corridors Program (SCCP) grant funds in the Select Street Construction, State GrantsIndirect revenue account, and appropriating the same amount to the Select Street Construction, Improvements Other Than Building expense account. (Requires five affirmative votes)
3. Authorize the City Manager to reject the bid submitted by Klassic Engineering & Construction as nonresponsive and award a construction contract to Hardy & Harper, Inc., the lowest responsive bidder, in accordance with the base bid in the amount of $3,400,000, for construction of the Santa Clara Avenue Bike Lane and Pedestrian Improvements, for the term beginning November 15, 2022 and ending upon project completion, subject to nonsubstantive changes approved by the City Manager and the City Attorney.
4. Approve the Project Cost Analysis for a total estimated construction delivery cost of $4,250,000, which includes $3,400,000 for the construction contract, $510,000 for contract administration, inspection and testing, and $340,000 project contingency for unanticipated or unforeseen work.
5. Approve an amendment to the Fiscal Year 202223 Capital Improvement Program to include $581,000 in construction funding from the Measure M2 Local Fairshare funds, and $3,243,000 in construction funding from Senate Bill 1, SCCP grant funds for the Santa Clara Avenue Bike Lane and Pedestrian Improvements from Lincoln Avenue to Pasadena Street.
13. Fiscal Year 202223 First Quarter Budget Report and Proposed Appropriation Adjustments
Department(s): Finance and Management Services
Recommended Action: 1. Approve appropriation adjustments (requires five affirmative votes) to increase General Fund expenditures as follows:
a. $40,000 for a fulltime Librarian to staff the second Knowledge Mobile for the remainder of FY 202223;
b. $35,000 for a fulltime Receptionist to greet and direct visitors; c. $36,600 to print and mail election information cards for the City’s November 2022 ballot measures;
d. $514,764 for the purchase of bus benches, trash containers, and advertising kiosks; and
e. $1,000,000 to plan for development of new public facilities in the Civic Center complex;
f. $1,657,000 to move construction inspection costs from the Public Works Engineering & Project Management internal service fund to the General Fund, along with the associated fee/charge revenue of $1,420,000 for a net impact of $237,000.
2. Increase authorized fulltime staff headcount from 1,342 to 1,359 to capture 11 limitedterm positions funded by the Revive Santa Ana Program as approved by City Council on August 2, 2022, five additional Library positions to staff the second Knowledge Mobile and new Teen Time program, and one additional City Hall Reception position.
14. Approve Appropriation Adjustments recognizing Housing Assistance Payments and Administrative Funds to Administer New and Existing Vouchers (NonGeneral Fund) Department(s): Community Development Agency
Recommended Action: 1. Approve an appropriation adjustment recognizing additional Housing Assistance Payments funds in the amount of $623,708 in revenue account (no. 1401800252007) and appropriating the same amount to expenditure account (no. 1401876062300) to administer 38 new vouchers. (Requires five affirmative votes)
2. Approve an appropriation adjustment recognizing additional Housing Assistance Payments funds in the amount of $376,512 in revenue account (no. 1401800252007) and appropriating the same amount to expenditure account (no. 1401876062300) to administer 25 new Foster Youth to Independence vouchers. (Requires five affirmative votes)
3. Approve an appropriation adjustment recognizing additional Administrative funds in the amount of $115,500 in revenue account (no. 1391878052006) and appropriating the same amount to expenditure account (no. 1391878062300) to administer 231 existing Mainstream Program Vouchers. (Requires five affirmative votes)
15. Purchase and Sale Agreement of Real Property at 1415 French Street for Santa Ana Water Resources Elevated Tank Site (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute a purchase and sale agreement with Santa Ana Unified School District for the purchase of real property located at 1415 French Street (APN 39815101), in the amount of $781,000, plus normal closing costs and escrow fees, for a total amount not to exceed $860,000, subject to nonsubstantive changes approved by the City Manager and the City Attorney (Agreement No. 2022XXX).
16. Approve Agreements with Hunter Consulting, Inc. dba HCI Environmental & Engineering, Real Estate Consulting & Services, Inc., and SLS Property Solutions, Inc. for OnCall Right of Way Property BoardUp Services in an Aggregate Amount Not to Exceed $300,000 for a ThreeYear Term (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute agreements with Hunter Consulting, Inc. dba HCI Environmental & Engineering, Real Estate Consulting & Services, Inc., and SLS Property Solutions, Inc., for boardup services after City takes possession of vacant buildings to secure for Capital Improvement Projects (CIP) in a shared aggregate amount not to exceed $300,000, for a threeyear term beginning November 15, 2022 and expiring November 14, 2025, with an option for two, oneyear extensions, subject nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
17. Approve an Amendment to the Agreement with Ankura Consulting Group, LLC to Provide Construction Auditing Services for the Construction of the Carnegie Homeless Navigation Center (General Fund)
Department(s): City Attorney Office
Recommended Action: Authorize the City Manager to execute an amendment to the agreement with Ankura Consulting Group, LLC (“Ankura”) to provide services for the review and analysis of billings for construction of the Carnegie Homeless Navigation Center by Dyer 18 LLC ("Dyer"), increasing the total nottoexceed amount by an additional $50,000, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
18. Approve a Subcontractor Agreement with Working Wardrobes for Workforce Services in an Amount not to exceed $250,000 Under the Californians for All Youth Workforce Program (NonGeneral Fund)
Department(s): Community Development Agency
Recommended Action: Authorize the City Manager to execute an agreement with Working Wardrobes for workforce services in an amount not to exceed $250,000, for a period from November 15, 2022 to May 1, 2024, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022 XXX).
19. Approve Amendment to the Agreement with BrightLife Designs, LLC for DTSA 2022 Holiday Décor 2022 in an Amount Not to Exceed $370,000 (Revive Santa Ana Program)
Department(s): Community Development Agency
Recommended Action: Authorize the City Manager to execute an amendment to the agreement with BrightLife Designs, LLC to increase the contract amount by $370,000, for a total nottoexceed amount of $420,000 to provide holiday decorations in Downtown Santa Ana, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
20. Approve an Amendment to the Fiscal Year 20222023 Emergency Solutions Grant (ESG) Memorandum of Understanding (MOU) Agreement with the Santa Ana Police Department HEART Program for Additional Street Outreach and ESG Subrecipient Agreement with 211 Orange County for HMIS Data Collection (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 $30,000 for program year July 1, 2022 June 30, 2023 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 $22,340.92 for program year July 1, 2022 June 30, 2023 for additional data collection, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
21. Approve a PreCommitment of $2,200,000 in Inclusionary Housing Funds for the Development of Six Affordable Ownership Units Located at 1921 W Washington Avenue
Department(s): Community Development Agency
Recommended Action: Authorize the City Manager to execute a precommitment letter with Habitat of Humanity of Orange County for $2,200,000 in Inclusionary Housing Funds for the development of six affordable ownership units at 1921 W Washington Avenue, Santa Ana, CA (APN 40510137), subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022 XXX).
22. Approve a Memorandum of Understanding Establishing the Terms and Conditions of Employment for Classifications Represented by Service Employees International Union (SEIU), Local 721, PartTime NonCivil Service Unit Department(s): Human Resources
Recommended Action: Authorize the City Manager to execute a Memorandum of Understanding with Service Employees International Union Local 721, PartTime Non Civil Service Unit regarding wages, hours, and other terms and conditions of employment effective November 16, 2022 through November 15, 2024, and authorize nonsubstantive changes which may be necessary to implement the agreement (Agreement No. 2022XXX).
23. Approve a Memorandum of Understanding Establishing the Terms and Conditions of Employment for Classifications Represented by the Santa Ana Police Management Association
Department(s): Human Resources
Recommended Action: Authorize the City Manager to execute a Memorandum of Understanding with the Santa Ana Police Management Association regarding wages, hours, and other terms and conditions of employment effective January 1, 2022 through June 30, 2025, and authorize nonsubstantive changes which may be necessary to implement the agreement (Agreement No.2022XXX).
24. Adopt a Resolution Approving the Construction Installment Sale Agreement with the California State Water Resources Control Board for Financing of the Well 32 Nitrate Treatment Project (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Resolution No. 2022XXX – Adopt a Resolution approving the Construction Installment Sale Agreement (D2202003) with the California State Water Resources Control Board for financing of the Well 32 Nitrate Treatment Project, in an amount up to $6,249,105 (Agreement No. 2022XXX).
25. 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.
**END OF CONSENT CALENDAR**
BUSINESS CALENDAR
26. Discuss and Provide Direction Regarding the Recommendation of the Community Development Commission to Dissolve the Downtown Santa Ana Business Improvement District or Adopt the Resolution of Intention to Levy 2023 Assessment for Downtown Santa Ana Business Improvement District
Department(s): Community Development Agency
Recommended Action: Discuss the Downtown Santa Ana Business Improvement District and direct staff to either:
1. Approve the recommendation of the Community Development Commission (Commission) to dissolve the Downtown Santa Ana Business Improvement District (BID) and establish a time and place for a public hearing to be held by the City Council on December 20, 2022; or
2. Resolution No. 2022XXX – Adopt the resolution of intention to levy an annual business license tax assessment for the 2023 calendar year and establish a time and place for a public hearing to be held by the City Council on December 6, 2022.
27. Informational Report Relating to the City’s AntiCruising Ordinance Department(s): Police Department
Recommended Action: It is recommended that the City Council accept the informational report and consider one of the following options:
1. Direct staff to return to the City Council with additional information.
2. Leave the anticruising ordinance as is (i.e., make no changes to the Santa Ana Municipal Code relating to cruising).’
3. Direct staff to prepare an ordinance to repeal the anticruising ordinance.
4. Take no action.
**END OF BUSINESS CALENDAR**
COUNCILMEMBER REQUESTED ITEMS
28. Discuss and Consider Directing the City Manager to Direct Staff to Develop a Community Historical Marker Policy and to Install a Community Historical Marker on the Corner of Sycamore and Fourth Streets to Honor, Remember, and Memorialize the Story of Francisco Torres – Councilmember Hernandez CITY MANAGER COMMENTS
COUNCIL COMMENTS
AB1234 DISCLOSURE – If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended.
ADJOURNMENT – Adjourn the City Council meeting and convene to the Special Housing Authority meeting.
Future Items
1. Sanitation Fee – Work Study Session
SPECIAL HOUSING AUTHORITY
CALL TO ORDER
ATTENDANCE Authority Members Johnathan Ryan Hernandez
Jessie Lopez
Nelida Mendoza
David Penaloza
Thai Viet Phan
Vice Chair Phil Bacerra
Chair Vicente Sarmiento
City Manager Kristine Ridge
City Attorney Sonia R. Carvalho
Clerk of the Council
ROLL CALL
PUBLIC COMMENTS – Members of the public may address Housing Authority only on items on the Special Housing Authority agenda.
CONSENT CALENDAR
RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 1 and 2.
1. Excused Absences
Department(s): Clerk of the Council Office
Recommended Action: Excuse the absent members.
2. Quarterly Report for the Housing Choice Voucher Program for the period of July 1, 2022 to September 30, 2022
Department(s): Community Development Agency
Recommended Action: Receive and file the Quarterly Report for the Housing Choice Voucher Program for the period of July 1, 2022 to September 30, 2022. **END OF CONSENT CALENDAR**
HOUSING AUTHORITY MEMBER COMMENTS
ADJOURNMENT – Adjourn the Special Housing Authority meeting.
11/15/2022
City Council and Special Housing Authority
Meeting Agenda
November 15, 2022
CLOSED SESSION MEETING – 5:00 PM
REGULAR OPEN MEETING – 5:45 PM
(Immediately following the Closed Session Meeting)
CITY COUNCIL CHAMBER
22 Civic Center Plaza Santa Ana, CA 92701
Vicente Sarmiento
Mayor
Thai Viet Phan
Councilmember – Ward 1
Nelida Mendoza
Councilmember Ward 2
Jessie Lopez
Councilmember Ward 3
Phil Bacerra
Mayor Pro Tem Ward 4
Johnathan Ryan Hernandez
Councilmember Ward 5
David Penaloza
Councilmember Ward 6
Mayor and Council telephone: 7146476900
Agenda item inquiries: 7146476520
Sonia R. Carvalho
City Attorney
Kristine Ridge
City Manager
Vacant
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:
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, 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’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. 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.
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 SPECIAL HOUSING AUTHORITY ITEMS – You can provide comments by joining Zoom or the Conference Call as described in the LIVE or IN PERSON PUBLIC COMMENTS OPTION above. Speakers not in the queue by 6:00 p.m. will not be permitted to speak.
About the Agenda
To download or view the attachments (staff report and other supporting documentation) for each agenda item, you must select the agenda item to see the attachments to either open in a new link (the eyeball
) or download a pdf (the cloud symbol with the down arrow ).
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
ROLL CALL
PUBLIC COMMENTS – Members of the public may address the City Council on Closed Session items.
CLOSED SESSION ITEMS – The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation:
1. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code:
A. Lonerock, Inc. v. City of Santa Ana, Orange County Superior Court Case No. 30 202101211998CUBCCJC
2. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a):
Agency Negotiators: Human Resources Executive Director, Jason Motsick Employee Organizations:
Santa Ana Police Officers Association (POA)
Santa Ana Police Management Association (PMA)
Service Employees’ International Union (SEIU) FullTime Employees Service Employees’ International Union (SEIU) PartTime NonCivil Service Employees
Confidential Association of Santa Ana (CASA)
Santa Ana Management Association (SAMA)
3. PUBLIC EMPLOYEE EMPLOYMENT/APPOINTMENT pursuant to Government Code 54957
Title: Clerk of the Council, Acting Clerk of the Council, or Interim Clerk of the Council 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 Danny De Leon Sr.
CEREMONIAL PRESENTATIONS
1. Proclamation presented by Mayor Sarmiento to the Guzman Family for their Outstanding Contributions related to Advancing Equity in the Public Education System in the U.S.
STAFF PRESENTATIONS
2. 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: 3 through 25.
3. Excused Absences
Department(s): Clerk of the Council Office
Recommended Action: Excuse the absent members.
4. Minutes from the Regular Meeting of August 16, 2022
Department(s): Clerk of the Council Office
Recommended Action: Approve minutes.
5. Adopt Ordinance No. NSXXXX – AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADDING DIVISION 16 TO ARTICLE IV OF CHAPTER 2 OF THE SANTA ANA MUNICIPAL CODE FOR THE ESTABLISHMENT OF A POLICE OVERSIGHT COMMISSION
First reading at the November 1, 2022 City Council meeting and approved by a vote of 70.
Published in the Orange County Reporter on November 4, 2022.
Department(s): City Manager’s Office
Recommended Action: Place ordinance on second reading and adopt.
6. Receive and File the Certification of Approval by City Engineer of Final Parcel Map 2017157 (200 E First American Way) (Applicant: Ki Ryu; Owner: Legado at The Met, LLC)
Department(s): Public Works Agency
Recommended Action: Receive and file the certification of approval by City Engineer of the final Parcel Map 2017157.
7. Receive and File Quarterly Report of Investments as of September 30, 2022 Department(s): Finance and Management Services
Recommended Action: Receive and file.
8. Quarterly Report for Housing Division Projects and Activities for the period of July 1, 2022 to September 30, 2022
Department(s): Community Development Agency
Recommended Action: Receive and file the Quarterly Report for Housing Division Projects and Activities for the period of July 1, 2022 to September 30, 2022.
9. Approve the Homeless Housing, Assistance, and Prevention (HHAP) Round 4 Application to Receive Funding from the State of California’s Homeless Coordinating and Financing Council (HCFC) to Address Homelessness
Department(s): Community Development Agency
Recommended Action: Approve the submission of the Homeless Housing, Assistance and Prevention (HHAP) Program Round 4 Application to receive funding from the State of California’s Homeless Coordinating and Financing Council (HCFC) to address homelessness.
10. Approve an Amendment to the Blanket Order Contracts for Equipment Rentals by $198,000 Annually and Add Herc Rentals to the List of Approved Vendors on Contract (Specification No. 22045) (General Fund)
Department(s): Public Works Agency
Recommended Action: Authorize an amendment to the blanket order contracts for equipment rentals to increase the annual aggregate amount by $198,000, for a revised amount of $278,000 for the remainder of the current oneyear term expiring April 19, 2023, with four oneyear renewal periods, and add Herc Rentals to the list of approved vendors on contract for equipment rentals, subject to nonsubstantive changes approved by the City Manager and City Attorney.
11. Award a Blanket Order Contract to Pacific Star Corporation for Water Quality Testing Supplies, Materials, and Equipment in an Annual Amount of $130,000 (Specification No. 22118) (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Award a blanket order contract to Pacific Star Corporation for water quality testing supplies, materials, and equipment for an annual amount not to exceed $130,000, for a oneyear term beginning November 15, 2022 and expiring November 14, 2023, with four oneyear renewal options, subject to nonsubstantive changes approved by the City Manager and City Attorney.
12. Approve Appropriation Adjustments Recognizing Measure M2 Local Fairshare and Senate Bill and Grant Funds and Award a Construction Contract to Hardy & Harper, Inc., in the amount of $3,400,000 for the Santa Clara Avenue Bike Lane and Pedestrian Improvements From Lincoln Avenue to Pasadena Street Project with an Estimated Project Delivery Cost of $4,250,000 (Project No. 236997) (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Approve an appropriation adjustment to recognize $581,000 in prior year fund balance in the Measure M2 Local Fairshare, Prior Year Carry Forward revenue account, and appropriating the same amount to the Measure M2 Local Fairshare, Improvements Other Than Building expense account. (Requires five affirmative votes)
2. Approve an appropriation adjustment to recognize $3,243,000 in Senate Bill 1, Solutions for Congested Corridors Program (SCCP) grant funds in the Select Street Construction, State GrantsIndirect revenue account, and appropriating the same amount to the Select Street Construction, Improvements Other Than Building expense account. (Requires five affirmative votes)
3. Authorize the City Manager to reject the bid submitted by Klassic Engineering & Construction as nonresponsive and award a construction contract to Hardy & Harper, Inc., the lowest responsive bidder, in accordance with the base bid in the amount of $3,400,000, for construction of the Santa Clara Avenue Bike Lane and Pedestrian Improvements, for the term beginning November 15, 2022 and ending upon project completion, subject to nonsubstantive changes approved by the City Manager and the City Attorney.
4. Approve the Project Cost Analysis for a total estimated construction delivery cost of $4,250,000, which includes $3,400,000 for the construction contract, $510,000 for contract administration, inspection and testing, and $340,000 project contingency for unanticipated or unforeseen work.
5. Approve an amendment to the Fiscal Year 202223 Capital Improvement Program to include $581,000 in construction funding from the Measure M2 Local Fairshare funds, and $3,243,000 in construction funding from Senate Bill 1, SCCP grant funds for the Santa Clara Avenue Bike Lane and Pedestrian Improvements from Lincoln Avenue to Pasadena Street.
13. Fiscal Year 202223 First Quarter Budget Report and Proposed Appropriation Adjustments
Department(s): Finance and Management Services
Recommended Action: 1. Approve appropriation adjustments (requires five affirmative votes) to increase General Fund expenditures as follows:
a. $40,000 for a fulltime Librarian to staff the second Knowledge Mobile for the remainder of FY 202223;
b. $35,000 for a fulltime Receptionist to greet and direct visitors; c. $36,600 to print and mail election information cards for the City’s November 2022 ballot measures;
d. $514,764 for the purchase of bus benches, trash containers, and advertising kiosks; and
e. $1,000,000 to plan for development of new public facilities in the Civic Center complex;
f. $1,657,000 to move construction inspection costs from the Public Works Engineering & Project Management internal service fund to the General Fund, along with the associated fee/charge revenue of $1,420,000 for a net impact of $237,000.
2. Increase authorized fulltime staff headcount from 1,342 to 1,359 to capture 11 limitedterm positions funded by the Revive Santa Ana Program as approved by City Council on August 2, 2022, five additional Library positions to staff the second Knowledge Mobile and new Teen Time program, and one additional City Hall Reception position.
14. Approve Appropriation Adjustments recognizing Housing Assistance Payments and Administrative Funds to Administer New and Existing Vouchers (NonGeneral Fund) Department(s): Community Development Agency
Recommended Action: 1. Approve an appropriation adjustment recognizing additional Housing Assistance Payments funds in the amount of $623,708 in revenue account (no. 1401800252007) and appropriating the same amount to expenditure account (no. 1401876062300) to administer 38 new vouchers. (Requires five affirmative votes)
2. Approve an appropriation adjustment recognizing additional Housing Assistance Payments funds in the amount of $376,512 in revenue account (no. 1401800252007) and appropriating the same amount to expenditure account (no. 1401876062300) to administer 25 new Foster Youth to Independence vouchers. (Requires five affirmative votes)
3. Approve an appropriation adjustment recognizing additional Administrative funds in the amount of $115,500 in revenue account (no. 1391878052006) and appropriating the same amount to expenditure account (no. 1391878062300) to administer 231 existing Mainstream Program Vouchers. (Requires five affirmative votes)
15. Purchase and Sale Agreement of Real Property at 1415 French Street for Santa Ana Water Resources Elevated Tank Site (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute a purchase and sale agreement with Santa Ana Unified School District for the purchase of real property located at 1415 French Street (APN 39815101), in the amount of $781,000, plus normal closing costs and escrow fees, for a total amount not to exceed $860,000, subject to nonsubstantive changes approved by the City Manager and the City Attorney (Agreement No. 2022XXX).
16. Approve Agreements with Hunter Consulting, Inc. dba HCI Environmental & Engineering, Real Estate Consulting & Services, Inc., and SLS Property Solutions, Inc. for OnCall Right of Way Property BoardUp Services in an Aggregate Amount Not to Exceed $300,000 for a ThreeYear Term (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute agreements with Hunter Consulting, Inc. dba HCI Environmental & Engineering, Real Estate Consulting & Services, Inc., and SLS Property Solutions, Inc., for boardup services after City takes possession of vacant buildings to secure for Capital Improvement Projects (CIP) in a shared aggregate amount not to exceed $300,000, for a threeyear term beginning November 15, 2022 and expiring November 14, 2025, with an option for two, oneyear extensions, subject nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
17. Approve an Amendment to the Agreement with Ankura Consulting Group, LLC to Provide Construction Auditing Services for the Construction of the Carnegie Homeless Navigation Center (General Fund)
Department(s): City Attorney Office
Recommended Action: Authorize the City Manager to execute an amendment to the agreement with Ankura Consulting Group, LLC (“Ankura”) to provide services for the review and analysis of billings for construction of the Carnegie Homeless Navigation Center by Dyer 18 LLC ("Dyer"), increasing the total nottoexceed amount by an additional $50,000, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
18. Approve a Subcontractor Agreement with Working Wardrobes for Workforce Services in an Amount not to exceed $250,000 Under the Californians for All Youth Workforce Program (NonGeneral Fund)
Department(s): Community Development Agency
Recommended Action: Authorize the City Manager to execute an agreement with Working Wardrobes for workforce services in an amount not to exceed $250,000, for a period from November 15, 2022 to May 1, 2024, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022 XXX).
19. Approve Amendment to the Agreement with BrightLife Designs, LLC for DTSA 2022 Holiday Décor 2022 in an Amount Not to Exceed $370,000 (Revive Santa Ana Program)
Department(s): Community Development Agency
Recommended Action: Authorize the City Manager to execute an amendment to the agreement with BrightLife Designs, LLC to increase the contract amount by $370,000, for a total nottoexceed amount of $420,000 to provide holiday decorations in Downtown Santa Ana, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
20. Approve an Amendment to the Fiscal Year 20222023 Emergency Solutions Grant (ESG) Memorandum of Understanding (MOU) Agreement with the Santa Ana Police Department HEART Program for Additional Street Outreach and ESG Subrecipient Agreement with 211 Orange County for HMIS Data Collection (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 $30,000 for program year July 1, 2022 June 30, 2023 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 $22,340.92 for program year July 1, 2022 June 30, 2023 for additional data collection, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
21. Approve a PreCommitment of $2,200,000 in Inclusionary Housing Funds for the Development of Six Affordable Ownership Units Located at 1921 W Washington Avenue
Department(s): Community Development Agency
Recommended Action: Authorize the City Manager to execute a precommitment letter with Habitat of Humanity of Orange County for $2,200,000 in Inclusionary Housing Funds for the development of six affordable ownership units at 1921 W Washington Avenue, Santa Ana, CA (APN 40510137), subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022 XXX).
22. Approve a Memorandum of Understanding Establishing the Terms and Conditions of Employment for Classifications Represented by Service Employees International Union (SEIU), Local 721, PartTime NonCivil Service Unit Department(s): Human Resources
Recommended Action: Authorize the City Manager to execute a Memorandum of Understanding with Service Employees International Union Local 721, PartTime Non Civil Service Unit regarding wages, hours, and other terms and conditions of employment effective November 16, 2022 through November 15, 2024, and authorize nonsubstantive changes which may be necessary to implement the agreement (Agreement No. 2022XXX).
23. Approve a Memorandum of Understanding Establishing the Terms and Conditions of Employment for Classifications Represented by the Santa Ana Police Management Association
Department(s): Human Resources
Recommended Action: Authorize the City Manager to execute a Memorandum of Understanding with the Santa Ana Police Management Association regarding wages, hours, and other terms and conditions of employment effective January 1, 2022 through June 30, 2025, and authorize nonsubstantive changes which may be necessary to implement the agreement (Agreement No.2022XXX).
24. Adopt a Resolution Approving the Construction Installment Sale Agreement with the California State Water Resources Control Board for Financing of the Well 32 Nitrate Treatment Project (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Resolution No. 2022XXX – Adopt a Resolution approving the Construction Installment Sale Agreement (D2202003) with the California State Water Resources Control Board for financing of the Well 32 Nitrate Treatment Project, in an amount up to $6,249,105 (Agreement No. 2022XXX).
25. 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.
**END OF CONSENT CALENDAR**
BUSINESS CALENDAR
26. Discuss and Provide Direction Regarding the Recommendation of the Community Development Commission to Dissolve the Downtown Santa Ana Business Improvement District or Adopt the Resolution of Intention to Levy 2023 Assessment for Downtown Santa Ana Business Improvement District
Department(s): Community Development Agency
Recommended Action: Discuss the Downtown Santa Ana Business Improvement District and direct staff to either:
1. Approve the recommendation of the Community Development Commission (Commission) to dissolve the Downtown Santa Ana Business Improvement District (BID) and establish a time and place for a public hearing to be held by the City Council on December 20, 2022; or
2. Resolution No. 2022XXX – Adopt the resolution of intention to levy an annual business license tax assessment for the 2023 calendar year and establish a time and place for a public hearing to be held by the City Council on December 6, 2022.
27. Informational Report Relating to the City’s AntiCruising Ordinance Department(s): Police Department
Recommended Action: It is recommended that the City Council accept the informational report and consider one of the following options:
1. Direct staff to return to the City Council with additional information.
2. Leave the anticruising ordinance as is (i.e., make no changes to the Santa Ana Municipal Code relating to cruising).’
3. Direct staff to prepare an ordinance to repeal the anticruising ordinance.
4. Take no action.
**END OF BUSINESS CALENDAR**
COUNCILMEMBER REQUESTED ITEMS
28. Discuss and Consider Directing the City Manager to Direct Staff to Develop a Community Historical Marker Policy and to Install a Community Historical Marker on the Corner of Sycamore and Fourth Streets to Honor, Remember, and Memorialize the Story of Francisco Torres – Councilmember Hernandez CITY MANAGER COMMENTS
COUNCIL COMMENTS
AB1234 DISCLOSURE – If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended.
ADJOURNMENT – Adjourn the City Council meeting and convene to the Special Housing Authority meeting.
Future Items
1. Sanitation Fee – Work Study Session
SPECIAL HOUSING AUTHORITY
CALL TO ORDER
ATTENDANCE Authority Members Johnathan Ryan Hernandez
Jessie Lopez
Nelida Mendoza
David Penaloza
Thai Viet Phan
Vice Chair Phil Bacerra
Chair Vicente Sarmiento
City Manager Kristine Ridge
City Attorney Sonia R. Carvalho
Clerk of the Council
ROLL CALL
PUBLIC COMMENTS – Members of the public may address Housing Authority only on items on the Special Housing Authority agenda.
CONSENT CALENDAR
RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 1 and 2.
1. Excused Absences
Department(s): Clerk of the Council Office
Recommended Action: Excuse the absent members.
2. Quarterly Report for the Housing Choice Voucher Program for the period of July 1, 2022 to September 30, 2022
Department(s): Community Development Agency
Recommended Action: Receive and file the Quarterly Report for the Housing Choice Voucher Program for the period of July 1, 2022 to September 30, 2022. **END OF CONSENT CALENDAR**
HOUSING AUTHORITY MEMBER COMMENTS
ADJOURNMENT – Adjourn the Special Housing Authority meeting.
11/15/2022
City Council and Special Housing Authority
Meeting Agenda
November 15, 2022
CLOSED SESSION MEETING – 5:00 PM
REGULAR OPEN MEETING – 5:45 PM
(Immediately following the Closed Session Meeting)
CITY COUNCIL CHAMBER
22 Civic Center Plaza Santa Ana, CA 92701
Vicente Sarmiento
Mayor
Thai Viet Phan
Councilmember – Ward 1
Nelida Mendoza
Councilmember Ward 2
Jessie Lopez
Councilmember Ward 3
Phil Bacerra
Mayor Pro Tem Ward 4
Johnathan Ryan Hernandez
Councilmember Ward 5
David Penaloza
Councilmember Ward 6
Mayor and Council telephone: 7146476900
Agenda item inquiries: 7146476520
Sonia R. Carvalho
City Attorney
Kristine Ridge
City Manager
Vacant
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:
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, 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’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. 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.
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 SPECIAL HOUSING AUTHORITY ITEMS – You can provide comments by joining Zoom or the Conference Call as described in the LIVE or IN PERSON PUBLIC COMMENTS OPTION above. Speakers not in the queue by 6:00 p.m. will not be permitted to speak.
About the Agenda
To download or view the attachments (staff report and other supporting documentation) for each agenda item, you must select the agenda item to see the attachments to either open in a new link (the eyeball
) or download a pdf (the cloud symbol with the down arrow ).
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
ROLL CALL
PUBLIC COMMENTS – Members of the public may address the City Council on Closed Session items.
CLOSED SESSION ITEMS – The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation:
1. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code:
A. Lonerock, Inc. v. City of Santa Ana, Orange County Superior Court Case No. 30 202101211998CUBCCJC
2. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a):
Agency Negotiators: Human Resources Executive Director, Jason Motsick Employee Organizations:
Santa Ana Police Officers Association (POA)
Santa Ana Police Management Association (PMA)
Service Employees’ International Union (SEIU) FullTime Employees Service Employees’ International Union (SEIU) PartTime NonCivil Service Employees
Confidential Association of Santa Ana (CASA)
Santa Ana Management Association (SAMA)
3. PUBLIC EMPLOYEE EMPLOYMENT/APPOINTMENT pursuant to Government Code 54957
Title: Clerk of the Council, Acting Clerk of the Council, or Interim Clerk of the Council 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 Danny De Leon Sr.
CEREMONIAL PRESENTATIONS
1. Proclamation presented by Mayor Sarmiento to the Guzman Family for their Outstanding Contributions related to Advancing Equity in the Public Education System in the U.S.
STAFF PRESENTATIONS
2. 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: 3 through 25.
3. Excused Absences
Department(s): Clerk of the Council Office
Recommended Action: Excuse the absent members.
4. Minutes from the Regular Meeting of August 16, 2022
Department(s): Clerk of the Council Office
Recommended Action: Approve minutes.
5. Adopt Ordinance No. NSXXXX – AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADDING DIVISION 16 TO ARTICLE IV OF CHAPTER 2 OF THE SANTA ANA MUNICIPAL CODE FOR THE ESTABLISHMENT OF A POLICE OVERSIGHT COMMISSION
First reading at the November 1, 2022 City Council meeting and approved by a vote of 70.
Published in the Orange County Reporter on November 4, 2022.
Department(s): City Manager’s Office
Recommended Action: Place ordinance on second reading and adopt.
6. Receive and File the Certification of Approval by City Engineer of Final Parcel Map 2017157 (200 E First American Way) (Applicant: Ki Ryu; Owner: Legado at The Met, LLC)
Department(s): Public Works Agency
Recommended Action: Receive and file the certification of approval by City Engineer of the final Parcel Map 2017157.
7. Receive and File Quarterly Report of Investments as of September 30, 2022 Department(s): Finance and Management Services
Recommended Action: Receive and file.
8. Quarterly Report for Housing Division Projects and Activities for the period of July 1, 2022 to September 30, 2022
Department(s): Community Development Agency
Recommended Action: Receive and file the Quarterly Report for Housing Division Projects and Activities for the period of July 1, 2022 to September 30, 2022.
9. Approve the Homeless Housing, Assistance, and Prevention (HHAP) Round 4 Application to Receive Funding from the State of California’s Homeless Coordinating and Financing Council (HCFC) to Address Homelessness
Department(s): Community Development Agency
Recommended Action: Approve the submission of the Homeless Housing, Assistance and Prevention (HHAP) Program Round 4 Application to receive funding from the State of California’s Homeless Coordinating and Financing Council (HCFC) to address homelessness.
10. Approve an Amendment to the Blanket Order Contracts for Equipment Rentals by $198,000 Annually and Add Herc Rentals to the List of Approved Vendors on Contract (Specification No. 22045) (General Fund)
Department(s): Public Works Agency
Recommended Action: Authorize an amendment to the blanket order contracts for equipment rentals to increase the annual aggregate amount by $198,000, for a revised amount of $278,000 for the remainder of the current oneyear term expiring April 19, 2023, with four oneyear renewal periods, and add Herc Rentals to the list of approved vendors on contract for equipment rentals, subject to nonsubstantive changes approved by the City Manager and City Attorney.
11. Award a Blanket Order Contract to Pacific Star Corporation for Water Quality Testing Supplies, Materials, and Equipment in an Annual Amount of $130,000 (Specification No. 22118) (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Award a blanket order contract to Pacific Star Corporation for water quality testing supplies, materials, and equipment for an annual amount not to exceed $130,000, for a oneyear term beginning November 15, 2022 and expiring November 14, 2023, with four oneyear renewal options, subject to nonsubstantive changes approved by the City Manager and City Attorney.
12. Approve Appropriation Adjustments Recognizing Measure M2 Local Fairshare and Senate Bill and Grant Funds and Award a Construction Contract to Hardy & Harper, Inc., in the amount of $3,400,000 for the Santa Clara Avenue Bike Lane and Pedestrian Improvements From Lincoln Avenue to Pasadena Street Project with an Estimated Project Delivery Cost of $4,250,000 (Project No. 236997) (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Approve an appropriation adjustment to recognize $581,000 in prior year fund balance in the Measure M2 Local Fairshare, Prior Year Carry Forward revenue account, and appropriating the same amount to the Measure M2 Local Fairshare, Improvements Other Than Building expense account. (Requires five affirmative votes)
2. Approve an appropriation adjustment to recognize $3,243,000 in Senate Bill 1, Solutions for Congested Corridors Program (SCCP) grant funds in the Select Street Construction, State GrantsIndirect revenue account, and appropriating the same amount to the Select Street Construction, Improvements Other Than Building expense account. (Requires five affirmative votes)
3. Authorize the City Manager to reject the bid submitted by Klassic Engineering & Construction as nonresponsive and award a construction contract to Hardy & Harper, Inc., the lowest responsive bidder, in accordance with the base bid in the amount of $3,400,000, for construction of the Santa Clara Avenue Bike Lane and Pedestrian Improvements, for the term beginning November 15, 2022 and ending upon project completion, subject to nonsubstantive changes approved by the City Manager and the City Attorney.
4. Approve the Project Cost Analysis for a total estimated construction delivery cost of $4,250,000, which includes $3,400,000 for the construction contract, $510,000 for contract administration, inspection and testing, and $340,000 project contingency for unanticipated or unforeseen work.
5. Approve an amendment to the Fiscal Year 202223 Capital Improvement Program to include $581,000 in construction funding from the Measure M2 Local Fairshare funds, and $3,243,000 in construction funding from Senate Bill 1, SCCP grant funds for the Santa Clara Avenue Bike Lane and Pedestrian Improvements from Lincoln Avenue to Pasadena Street.
13. Fiscal Year 202223 First Quarter Budget Report and Proposed Appropriation Adjustments
Department(s): Finance and Management Services
Recommended Action: 1. Approve appropriation adjustments (requires five affirmative votes) to increase General Fund expenditures as follows:
a. $40,000 for a fulltime Librarian to staff the second Knowledge Mobile for the remainder of FY 202223;
b. $35,000 for a fulltime Receptionist to greet and direct visitors; c. $36,600 to print and mail election information cards for the City’s November 2022 ballot measures;
d. $514,764 for the purchase of bus benches, trash containers, and advertising kiosks; and
e. $1,000,000 to plan for development of new public facilities in the Civic Center complex;
f. $1,657,000 to move construction inspection costs from the Public Works Engineering & Project Management internal service fund to the General Fund, along with the associated fee/charge revenue of $1,420,000 for a net impact of $237,000.
2. Increase authorized fulltime staff headcount from 1,342 to 1,359 to capture 11 limitedterm positions funded by the Revive Santa Ana Program as approved by City Council on August 2, 2022, five additional Library positions to staff the second Knowledge Mobile and new Teen Time program, and one additional City Hall Reception position.
14. Approve Appropriation Adjustments recognizing Housing Assistance Payments and Administrative Funds to Administer New and Existing Vouchers (NonGeneral Fund) Department(s): Community Development Agency
Recommended Action: 1. Approve an appropriation adjustment recognizing additional Housing Assistance Payments funds in the amount of $623,708 in revenue account (no. 1401800252007) and appropriating the same amount to expenditure account (no. 1401876062300) to administer 38 new vouchers. (Requires five affirmative votes)
2. Approve an appropriation adjustment recognizing additional Housing Assistance Payments funds in the amount of $376,512 in revenue account (no. 1401800252007) and appropriating the same amount to expenditure account (no. 1401876062300) to administer 25 new Foster Youth to Independence vouchers. (Requires five affirmative votes)
3. Approve an appropriation adjustment recognizing additional Administrative funds in the amount of $115,500 in revenue account (no. 1391878052006) and appropriating the same amount to expenditure account (no. 1391878062300) to administer 231 existing Mainstream Program Vouchers. (Requires five affirmative votes)
15. Purchase and Sale Agreement of Real Property at 1415 French Street for Santa Ana Water Resources Elevated Tank Site (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute a purchase and sale agreement with Santa Ana Unified School District for the purchase of real property located at 1415 French Street (APN 39815101), in the amount of $781,000, plus normal closing costs and escrow fees, for a total amount not to exceed $860,000, subject to nonsubstantive changes approved by the City Manager and the City Attorney (Agreement No. 2022XXX).
16. Approve Agreements with Hunter Consulting, Inc. dba HCI Environmental & Engineering, Real Estate Consulting & Services, Inc., and SLS Property Solutions, Inc. for OnCall Right of Way Property BoardUp Services in an Aggregate Amount Not to Exceed $300,000 for a ThreeYear Term (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute agreements with Hunter Consulting, Inc. dba HCI Environmental & Engineering, Real Estate Consulting & Services, Inc., and SLS Property Solutions, Inc., for boardup services after City takes possession of vacant buildings to secure for Capital Improvement Projects (CIP) in a shared aggregate amount not to exceed $300,000, for a threeyear term beginning November 15, 2022 and expiring November 14, 2025, with an option for two, oneyear extensions, subject nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
17. Approve an Amendment to the Agreement with Ankura Consulting Group, LLC to Provide Construction Auditing Services for the Construction of the Carnegie Homeless Navigation Center (General Fund)
Department(s): City Attorney Office
Recommended Action: Authorize the City Manager to execute an amendment to the agreement with Ankura Consulting Group, LLC (“Ankura”) to provide services for the review and analysis of billings for construction of the Carnegie Homeless Navigation Center by Dyer 18 LLC ("Dyer"), increasing the total nottoexceed amount by an additional $50,000, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
18. Approve a Subcontractor Agreement with Working Wardrobes for Workforce Services in an Amount not to exceed $250,000 Under the Californians for All Youth Workforce Program (NonGeneral Fund)
Department(s): Community Development Agency
Recommended Action: Authorize the City Manager to execute an agreement with Working Wardrobes for workforce services in an amount not to exceed $250,000, for a period from November 15, 2022 to May 1, 2024, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022 XXX).
19. Approve Amendment to the Agreement with BrightLife Designs, LLC for DTSA 2022 Holiday Décor 2022 in an Amount Not to Exceed $370,000 (Revive Santa Ana Program)
Department(s): Community Development Agency
Recommended Action: Authorize the City Manager to execute an amendment to the agreement with BrightLife Designs, LLC to increase the contract amount by $370,000, for a total nottoexceed amount of $420,000 to provide holiday decorations in Downtown Santa Ana, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
20. Approve an Amendment to the Fiscal Year 20222023 Emergency Solutions Grant (ESG) Memorandum of Understanding (MOU) Agreement with the Santa Ana Police Department HEART Program for Additional Street Outreach and ESG Subrecipient Agreement with 211 Orange County for HMIS Data Collection (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 $30,000 for program year July 1, 2022 June 30, 2023 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 $22,340.92 for program year July 1, 2022 June 30, 2023 for additional data collection, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
21. Approve a PreCommitment of $2,200,000 in Inclusionary Housing Funds for the Development of Six Affordable Ownership Units Located at 1921 W Washington Avenue
Department(s): Community Development Agency
Recommended Action: Authorize the City Manager to execute a precommitment letter with Habitat of Humanity of Orange County for $2,200,000 in Inclusionary Housing Funds for the development of six affordable ownership units at 1921 W Washington Avenue, Santa Ana, CA (APN 40510137), subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022 XXX).
22. Approve a Memorandum of Understanding Establishing the Terms and Conditions of Employment for Classifications Represented by Service Employees International Union (SEIU), Local 721, PartTime NonCivil Service Unit Department(s): Human Resources
Recommended Action: Authorize the City Manager to execute a Memorandum of Understanding with Service Employees International Union Local 721, PartTime Non Civil Service Unit regarding wages, hours, and other terms and conditions of employment effective November 16, 2022 through November 15, 2024, and authorize nonsubstantive changes which may be necessary to implement the agreement (Agreement No. 2022XXX).
23. Approve a Memorandum of Understanding Establishing the Terms and Conditions of Employment for Classifications Represented by the Santa Ana Police Management Association
Department(s): Human Resources
Recommended Action: Authorize the City Manager to execute a Memorandum of Understanding with the Santa Ana Police Management Association regarding wages, hours, and other terms and conditions of employment effective January 1, 2022 through June 30, 2025, and authorize nonsubstantive changes which may be necessary to implement the agreement (Agreement No.2022XXX).
24. Adopt a Resolution Approving the Construction Installment Sale Agreement with the California State Water Resources Control Board for Financing of the Well 32 Nitrate Treatment Project (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Resolution No. 2022XXX – Adopt a Resolution approving the Construction Installment Sale Agreement (D2202003) with the California State Water Resources Control Board for financing of the Well 32 Nitrate Treatment Project, in an amount up to $6,249,105 (Agreement No. 2022XXX).
25. 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.
**END OF CONSENT CALENDAR**
BUSINESS CALENDAR
26. Discuss and Provide Direction Regarding the Recommendation of the Community Development Commission to Dissolve the Downtown Santa Ana Business Improvement District or Adopt the Resolution of Intention to Levy 2023 Assessment for Downtown Santa Ana Business Improvement District
Department(s): Community Development Agency
Recommended Action: Discuss the Downtown Santa Ana Business Improvement District and direct staff to either:
1. Approve the recommendation of the Community Development Commission (Commission) to dissolve the Downtown Santa Ana Business Improvement District (BID) and establish a time and place for a public hearing to be held by the City Council on December 20, 2022; or
2. Resolution No. 2022XXX – Adopt the resolution of intention to levy an annual business license tax assessment for the 2023 calendar year and establish a time and place for a public hearing to be held by the City Council on December 6, 2022.
27. Informational Report Relating to the City’s AntiCruising Ordinance Department(s): Police Department
Recommended Action: It is recommended that the City Council accept the informational report and consider one of the following options:
1. Direct staff to return to the City Council with additional information.
2. Leave the anticruising ordinance as is (i.e., make no changes to the Santa Ana Municipal Code relating to cruising).’
3. Direct staff to prepare an ordinance to repeal the anticruising ordinance.
4. Take no action.
**END OF BUSINESS CALENDAR**
COUNCILMEMBER REQUESTED ITEMS
28. Discuss and Consider Directing the City Manager to Direct Staff to Develop a Community Historical Marker Policy and to Install a Community Historical Marker on the Corner of Sycamore and Fourth Streets to Honor, Remember, and Memorialize the Story of Francisco Torres – Councilmember Hernandez CITY MANAGER COMMENTS
COUNCIL COMMENTS
AB1234 DISCLOSURE – If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended.
ADJOURNMENT – Adjourn the City Council meeting and convene to the Special Housing Authority meeting.
Future Items
1. Sanitation Fee – Work Study Session
SPECIAL HOUSING AUTHORITY
CALL TO ORDER
ATTENDANCE Authority Members Johnathan Ryan Hernandez
Jessie Lopez
Nelida Mendoza
David Penaloza
Thai Viet Phan
Vice Chair Phil Bacerra
Chair Vicente Sarmiento
City Manager Kristine Ridge
City Attorney Sonia R. Carvalho
Clerk of the Council
ROLL CALL
PUBLIC COMMENTS – Members of the public may address Housing Authority only on items on the Special Housing Authority agenda.
CONSENT CALENDAR
RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 1 and 2.
1. Excused Absences
Department(s): Clerk of the Council Office
Recommended Action: Excuse the absent members.
2. Quarterly Report for the Housing Choice Voucher Program for the period of July 1, 2022 to September 30, 2022
Department(s): Community Development Agency
Recommended Action: Receive and file the Quarterly Report for the Housing Choice Voucher Program for the period of July 1, 2022 to September 30, 2022. **END OF CONSENT CALENDAR**
HOUSING AUTHORITY MEMBER COMMENTS
ADJOURNMENT – Adjourn the Special Housing Authority meeting.
11/15/2022
City Council and Special Housing Authority
Meeting Agenda
November 15, 2022
CLOSED SESSION MEETING – 5:00 PM
REGULAR OPEN MEETING – 5:45 PM
(Immediately following the Closed Session Meeting)
CITY COUNCIL CHAMBER
22 Civic Center Plaza Santa Ana, CA 92701
Vicente Sarmiento
Mayor
Thai Viet Phan
Councilmember – Ward 1
Nelida Mendoza
Councilmember Ward 2
Jessie Lopez
Councilmember Ward 3
Phil Bacerra
Mayor Pro Tem Ward 4
Johnathan Ryan Hernandez
Councilmember Ward 5
David Penaloza
Councilmember Ward 6
Mayor and Council telephone: 7146476900
Agenda item inquiries: 7146476520
Sonia R. Carvalho
City Attorney
Kristine Ridge
City Manager
Vacant
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:
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, 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’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. 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.
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 SPECIAL HOUSING AUTHORITY ITEMS – You can provide comments by joining Zoom or the Conference Call as described in the LIVE or IN PERSON PUBLIC COMMENTS OPTION above. Speakers not in the queue by 6:00 p.m. will not be permitted to speak.
About the Agenda
To download or view the attachments (staff report and other supporting documentation) for each agenda item, you must select the agenda item to see the attachments to either open in a new link (the eyeball
) or download a pdf (the cloud symbol with the down arrow ).
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
ROLL CALL
PUBLIC COMMENTS – Members of the public may address the City Council on Closed Session items.
CLOSED SESSION ITEMS – The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation:
1. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code:
A. Lonerock, Inc. v. City of Santa Ana, Orange County Superior Court Case No. 30 202101211998CUBCCJC
2. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a):
Agency Negotiators: Human Resources Executive Director, Jason Motsick Employee Organizations:
Santa Ana Police Officers Association (POA)
Santa Ana Police Management Association (PMA)
Service Employees’ International Union (SEIU) FullTime Employees Service Employees’ International Union (SEIU) PartTime NonCivil Service Employees
Confidential Association of Santa Ana (CASA)
Santa Ana Management Association (SAMA)
3. PUBLIC EMPLOYEE EMPLOYMENT/APPOINTMENT pursuant to Government Code 54957
Title: Clerk of the Council, Acting Clerk of the Council, or Interim Clerk of the Council 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 Danny De Leon Sr.
CEREMONIAL PRESENTATIONS
1. Proclamation presented by Mayor Sarmiento to the Guzman Family for their Outstanding Contributions related to Advancing Equity in the Public Education System in the U.S.
STAFF PRESENTATIONS
2. 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: 3 through 25.
3. Excused Absences
Department(s): Clerk of the Council Office
Recommended Action: Excuse the absent members.
4. Minutes from the Regular Meeting of August 16, 2022
Department(s): Clerk of the Council Office
Recommended Action: Approve minutes.
5. Adopt Ordinance No. NSXXXX – AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADDING DIVISION 16 TO ARTICLE IV OF CHAPTER 2 OF THE SANTA ANA MUNICIPAL CODE FOR THE ESTABLISHMENT OF A POLICE OVERSIGHT COMMISSION
First reading at the November 1, 2022 City Council meeting and approved by a vote of 70.
Published in the Orange County Reporter on November 4, 2022.
Department(s): City Manager’s Office
Recommended Action: Place ordinance on second reading and adopt.
6. Receive and File the Certification of Approval by City Engineer of Final Parcel Map 2017157 (200 E First American Way) (Applicant: Ki Ryu; Owner: Legado at The Met, LLC)
Department(s): Public Works Agency
Recommended Action: Receive and file the certification of approval by City Engineer of the final Parcel Map 2017157.
7. Receive and File Quarterly Report of Investments as of September 30, 2022 Department(s): Finance and Management Services
Recommended Action: Receive and file.
8. Quarterly Report for Housing Division Projects and Activities for the period of July 1, 2022 to September 30, 2022
Department(s): Community Development Agency
Recommended Action: Receive and file the Quarterly Report for Housing Division Projects and Activities for the period of July 1, 2022 to September 30, 2022.
9. Approve the Homeless Housing, Assistance, and Prevention (HHAP) Round 4 Application to Receive Funding from the State of California’s Homeless Coordinating and Financing Council (HCFC) to Address Homelessness
Department(s): Community Development Agency
Recommended Action: Approve the submission of the Homeless Housing, Assistance and Prevention (HHAP) Program Round 4 Application to receive funding from the State of California’s Homeless Coordinating and Financing Council (HCFC) to address homelessness.
10. Approve an Amendment to the Blanket Order Contracts for Equipment Rentals by $198,000 Annually and Add Herc Rentals to the List of Approved Vendors on Contract (Specification No. 22045) (General Fund)
Department(s): Public Works Agency
Recommended Action: Authorize an amendment to the blanket order contracts for equipment rentals to increase the annual aggregate amount by $198,000, for a revised amount of $278,000 for the remainder of the current oneyear term expiring April 19, 2023, with four oneyear renewal periods, and add Herc Rentals to the list of approved vendors on contract for equipment rentals, subject to nonsubstantive changes approved by the City Manager and City Attorney.
11. Award a Blanket Order Contract to Pacific Star Corporation for Water Quality Testing Supplies, Materials, and Equipment in an Annual Amount of $130,000 (Specification No. 22118) (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Award a blanket order contract to Pacific Star Corporation for water quality testing supplies, materials, and equipment for an annual amount not to exceed $130,000, for a oneyear term beginning November 15, 2022 and expiring November 14, 2023, with four oneyear renewal options, subject to nonsubstantive changes approved by the City Manager and City Attorney.
12. Approve Appropriation Adjustments Recognizing Measure M2 Local Fairshare and Senate Bill and Grant Funds and Award a Construction Contract to Hardy & Harper, Inc., in the amount of $3,400,000 for the Santa Clara Avenue Bike Lane and Pedestrian Improvements From Lincoln Avenue to Pasadena Street Project with an Estimated Project Delivery Cost of $4,250,000 (Project No. 236997) (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Approve an appropriation adjustment to recognize $581,000 in prior year fund balance in the Measure M2 Local Fairshare, Prior Year Carry Forward revenue account, and appropriating the same amount to the Measure M2 Local Fairshare, Improvements Other Than Building expense account. (Requires five affirmative votes)
2. Approve an appropriation adjustment to recognize $3,243,000 in Senate Bill 1, Solutions for Congested Corridors Program (SCCP) grant funds in the Select Street Construction, State GrantsIndirect revenue account, and appropriating the same amount to the Select Street Construction, Improvements Other Than Building expense account. (Requires five affirmative votes)
3. Authorize the City Manager to reject the bid submitted by Klassic Engineering & Construction as nonresponsive and award a construction contract to Hardy & Harper, Inc., the lowest responsive bidder, in accordance with the base bid in the amount of $3,400,000, for construction of the Santa Clara Avenue Bike Lane and Pedestrian Improvements, for the term beginning November 15, 2022 and ending upon project completion, subject to nonsubstantive changes approved by the City Manager and the City Attorney.
4. Approve the Project Cost Analysis for a total estimated construction delivery cost of $4,250,000, which includes $3,400,000 for the construction contract, $510,000 for contract administration, inspection and testing, and $340,000 project contingency for unanticipated or unforeseen work.
5. Approve an amendment to the Fiscal Year 202223 Capital Improvement Program to include $581,000 in construction funding from the Measure M2 Local Fairshare funds, and $3,243,000 in construction funding from Senate Bill 1, SCCP grant funds for the Santa Clara Avenue Bike Lane and Pedestrian Improvements from Lincoln Avenue to Pasadena Street.
13. Fiscal Year 202223 First Quarter Budget Report and Proposed Appropriation Adjustments
Department(s): Finance and Management Services
Recommended Action: 1. Approve appropriation adjustments (requires five affirmative votes) to increase General Fund expenditures as follows:
a. $40,000 for a fulltime Librarian to staff the second Knowledge Mobile for the remainder of FY 202223;
b. $35,000 for a fulltime Receptionist to greet and direct visitors; c. $36,600 to print and mail election information cards for the City’s November 2022 ballot measures;
d. $514,764 for the purchase of bus benches, trash containers, and advertising kiosks; and
e. $1,000,000 to plan for development of new public facilities in the Civic Center complex;
f. $1,657,000 to move construction inspection costs from the Public Works Engineering & Project Management internal service fund to the General Fund, along with the associated fee/charge revenue of $1,420,000 for a net impact of $237,000.
2. Increase authorized fulltime staff headcount from 1,342 to 1,359 to capture 11 limitedterm positions funded by the Revive Santa Ana Program as approved by City Council on August 2, 2022, five additional Library positions to staff the second Knowledge Mobile and new Teen Time program, and one additional City Hall Reception position.
14. Approve Appropriation Adjustments recognizing Housing Assistance Payments and Administrative Funds to Administer New and Existing Vouchers (NonGeneral Fund) Department(s): Community Development Agency
Recommended Action: 1. Approve an appropriation adjustment recognizing additional Housing Assistance Payments funds in the amount of $623,708 in revenue account (no. 1401800252007) and appropriating the same amount to expenditure account (no. 1401876062300) to administer 38 new vouchers. (Requires five affirmative votes)
2. Approve an appropriation adjustment recognizing additional Housing Assistance Payments funds in the amount of $376,512 in revenue account (no. 1401800252007) and appropriating the same amount to expenditure account (no. 1401876062300) to administer 25 new Foster Youth to Independence vouchers. (Requires five affirmative votes)
3. Approve an appropriation adjustment recognizing additional Administrative funds in the amount of $115,500 in revenue account (no. 1391878052006) and appropriating the same amount to expenditure account (no. 1391878062300) to administer 231 existing Mainstream Program Vouchers. (Requires five affirmative votes)
15. Purchase and Sale Agreement of Real Property at 1415 French Street for Santa Ana Water Resources Elevated Tank Site (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute a purchase and sale agreement with Santa Ana Unified School District for the purchase of real property located at 1415 French Street (APN 39815101), in the amount of $781,000, plus normal closing costs and escrow fees, for a total amount not to exceed $860,000, subject to nonsubstantive changes approved by the City Manager and the City Attorney (Agreement No. 2022XXX).
16. Approve Agreements with Hunter Consulting, Inc. dba HCI Environmental & Engineering, Real Estate Consulting & Services, Inc., and SLS Property Solutions, Inc. for OnCall Right of Way Property BoardUp Services in an Aggregate Amount Not to Exceed $300,000 for a ThreeYear Term (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute agreements with Hunter Consulting, Inc. dba HCI Environmental & Engineering, Real Estate Consulting & Services, Inc., and SLS Property Solutions, Inc., for boardup services after City takes possession of vacant buildings to secure for Capital Improvement Projects (CIP) in a shared aggregate amount not to exceed $300,000, for a threeyear term beginning November 15, 2022 and expiring November 14, 2025, with an option for two, oneyear extensions, subject nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
17. Approve an Amendment to the Agreement with Ankura Consulting Group, LLC to Provide Construction Auditing Services for the Construction of the Carnegie Homeless Navigation Center (General Fund)
Department(s): City Attorney Office
Recommended Action: Authorize the City Manager to execute an amendment to the agreement with Ankura Consulting Group, LLC (“Ankura”) to provide services for the review and analysis of billings for construction of the Carnegie Homeless Navigation Center by Dyer 18 LLC ("Dyer"), increasing the total nottoexceed amount by an additional $50,000, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
18. Approve a Subcontractor Agreement with Working Wardrobes for Workforce Services in an Amount not to exceed $250,000 Under the Californians for All Youth Workforce Program (NonGeneral Fund)
Department(s): Community Development Agency
Recommended Action: Authorize the City Manager to execute an agreement with Working Wardrobes for workforce services in an amount not to exceed $250,000, for a period from November 15, 2022 to May 1, 2024, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022 XXX).
19. Approve Amendment to the Agreement with BrightLife Designs, LLC for DTSA 2022 Holiday Décor 2022 in an Amount Not to Exceed $370,000 (Revive Santa Ana Program)
Department(s): Community Development Agency
Recommended Action: Authorize the City Manager to execute an amendment to the agreement with BrightLife Designs, LLC to increase the contract amount by $370,000, for a total nottoexceed amount of $420,000 to provide holiday decorations in Downtown Santa Ana, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
20. Approve an Amendment to the Fiscal Year 20222023 Emergency Solutions Grant (ESG) Memorandum of Understanding (MOU) Agreement with the Santa Ana Police Department HEART Program for Additional Street Outreach and ESG Subrecipient Agreement with 211 Orange County for HMIS Data Collection (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 $30,000 for program year July 1, 2022 June 30, 2023 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 $22,340.92 for program year July 1, 2022 June 30, 2023 for additional data collection, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
21. Approve a PreCommitment of $2,200,000 in Inclusionary Housing Funds for the Development of Six Affordable Ownership Units Located at 1921 W Washington Avenue
Department(s): Community Development Agency
Recommended Action: Authorize the City Manager to execute a precommitment letter with Habitat of Humanity of Orange County for $2,200,000 in Inclusionary Housing Funds for the development of six affordable ownership units at 1921 W Washington Avenue, Santa Ana, CA (APN 40510137), subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022 XXX).
22. Approve a Memorandum of Understanding Establishing the Terms and Conditions of Employment for Classifications Represented by Service Employees International Union (SEIU), Local 721, PartTime NonCivil Service Unit Department(s): Human Resources
Recommended Action: Authorize the City Manager to execute a Memorandum of Understanding with Service Employees International Union Local 721, PartTime Non Civil Service Unit regarding wages, hours, and other terms and conditions of employment effective November 16, 2022 through November 15, 2024, and authorize nonsubstantive changes which may be necessary to implement the agreement (Agreement No. 2022XXX).
23. Approve a Memorandum of Understanding Establishing the Terms and Conditions of Employment for Classifications Represented by the Santa Ana Police Management Association
Department(s): Human Resources
Recommended Action: Authorize the City Manager to execute a Memorandum of Understanding with the Santa Ana Police Management Association regarding wages, hours, and other terms and conditions of employment effective January 1, 2022 through June 30, 2025, and authorize nonsubstantive changes which may be necessary to implement the agreement (Agreement No.2022XXX).
24. Adopt a Resolution Approving the Construction Installment Sale Agreement with the California State Water Resources Control Board for Financing of the Well 32 Nitrate Treatment Project (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Resolution No. 2022XXX – Adopt a Resolution approving the Construction Installment Sale Agreement (D2202003) with the California State Water Resources Control Board for financing of the Well 32 Nitrate Treatment Project, in an amount up to $6,249,105 (Agreement No. 2022XXX).
25. 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.
**END OF CONSENT CALENDAR**
BUSINESS CALENDAR
26. Discuss and Provide Direction Regarding the Recommendation of the Community Development Commission to Dissolve the Downtown Santa Ana Business Improvement District or Adopt the Resolution of Intention to Levy 2023 Assessment for Downtown Santa Ana Business Improvement District
Department(s): Community Development Agency
Recommended Action: Discuss the Downtown Santa Ana Business Improvement District and direct staff to either:
1. Approve the recommendation of the Community Development Commission (Commission) to dissolve the Downtown Santa Ana Business Improvement District (BID) and establish a time and place for a public hearing to be held by the City Council on December 20, 2022; or
2. Resolution No. 2022XXX – Adopt the resolution of intention to levy an annual business license tax assessment for the 2023 calendar year and establish a time and place for a public hearing to be held by the City Council on December 6, 2022.
27. Informational Report Relating to the City’s AntiCruising Ordinance Department(s): Police Department
Recommended Action: It is recommended that the City Council accept the informational report and consider one of the following options:
1. Direct staff to return to the City Council with additional information.
2. Leave the anticruising ordinance as is (i.e., make no changes to the Santa Ana Municipal Code relating to cruising).’
3. Direct staff to prepare an ordinance to repeal the anticruising ordinance.
4. Take no action.
**END OF BUSINESS CALENDAR**
COUNCILMEMBER REQUESTED ITEMS
28. Discuss and Consider Directing the City Manager to Direct Staff to Develop a Community Historical Marker Policy and to Install a Community Historical Marker on the Corner of Sycamore and Fourth Streets to Honor, Remember, and Memorialize the Story of Francisco Torres – Councilmember Hernandez CITY MANAGER COMMENTS
COUNCIL COMMENTS
AB1234 DISCLOSURE – If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended.
ADJOURNMENT – Adjourn the City Council meeting and convene to the Special Housing Authority meeting.
Future Items
1. Sanitation Fee – Work Study Session
SPECIAL HOUSING AUTHORITY
CALL TO ORDER
ATTENDANCE Authority Members Johnathan Ryan Hernandez
Jessie Lopez
Nelida Mendoza
David Penaloza
Thai Viet Phan
Vice Chair Phil Bacerra
Chair Vicente Sarmiento
City Manager Kristine Ridge
City Attorney Sonia R. Carvalho
Clerk of the Council
ROLL CALL
PUBLIC COMMENTS – Members of the public may address Housing Authority only on items on the Special Housing Authority agenda.
CONSENT CALENDAR
RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 1 and 2.
1. Excused Absences
Department(s): Clerk of the Council Office
Recommended Action: Excuse the absent members.
2. Quarterly Report for the Housing Choice Voucher Program for the period of July 1, 2022 to September 30, 2022
Department(s): Community Development Agency
Recommended Action: Receive and file the Quarterly Report for the Housing Choice Voucher Program for the period of July 1, 2022 to September 30, 2022. **END OF CONSENT CALENDAR**
HOUSING AUTHORITY MEMBER COMMENTS
ADJOURNMENT – Adjourn the Special Housing Authority meeting.
11/15/2022
City Council and Special Housing Authority
Meeting Agenda
November 15, 2022
CLOSED SESSION MEETING – 5:00 PM
REGULAR OPEN MEETING – 5:45 PM
(Immediately following the Closed Session Meeting)
CITY COUNCIL CHAMBER
22 Civic Center Plaza Santa Ana, CA 92701
Vicente Sarmiento
Mayor
Thai Viet Phan
Councilmember – Ward 1
Nelida Mendoza
Councilmember Ward 2
Jessie Lopez
Councilmember Ward 3
Phil Bacerra
Mayor Pro Tem Ward 4
Johnathan Ryan Hernandez
Councilmember Ward 5
David Penaloza
Councilmember Ward 6
Mayor and Council telephone: 7146476900
Agenda item inquiries: 7146476520
Sonia R. Carvalho
City Attorney
Kristine Ridge
City Manager
Vacant
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:
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, 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’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. 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.
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 SPECIAL HOUSING AUTHORITY ITEMS – You can provide comments by joining Zoom or the Conference Call as described in the LIVE or IN PERSON PUBLIC COMMENTS OPTION above. Speakers not in the queue by 6:00 p.m. will not be permitted to speak.
About the Agenda
To download or view the attachments (staff report and other supporting documentation) for each agenda item, you must select the agenda item to see the attachments to either open in a new link (the eyeball
) or download a pdf (the cloud symbol with the down arrow ).
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
ROLL CALL
PUBLIC COMMENTS – Members of the public may address the City Council on Closed Session items.
CLOSED SESSION ITEMS – The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation:
1. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code:
A. Lonerock, Inc. v. City of Santa Ana, Orange County Superior Court Case No. 30 202101211998CUBCCJC
2. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a):
Agency Negotiators: Human Resources Executive Director, Jason Motsick Employee Organizations:
Santa Ana Police Officers Association (POA)
Santa Ana Police Management Association (PMA)
Service Employees’ International Union (SEIU) FullTime Employees Service Employees’ International Union (SEIU) PartTime NonCivil Service Employees
Confidential Association of Santa Ana (CASA)
Santa Ana Management Association (SAMA)
3. PUBLIC EMPLOYEE EMPLOYMENT/APPOINTMENT pursuant to Government Code 54957
Title: Clerk of the Council, Acting Clerk of the Council, or Interim Clerk of the Council 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 Danny De Leon Sr.
CEREMONIAL PRESENTATIONS
1. Proclamation presented by Mayor Sarmiento to the Guzman Family for their Outstanding Contributions related to Advancing Equity in the Public Education System in the U.S.
STAFF PRESENTATIONS
2. 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: 3 through 25.
3. Excused Absences
Department(s): Clerk of the Council Office
Recommended Action: Excuse the absent members.
4. Minutes from the Regular Meeting of August 16, 2022
Department(s): Clerk of the Council Office
Recommended Action: Approve minutes.
5. Adopt Ordinance No. NSXXXX – AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADDING DIVISION 16 TO ARTICLE IV OF CHAPTER 2 OF THE SANTA ANA MUNICIPAL CODE FOR THE ESTABLISHMENT OF A POLICE OVERSIGHT COMMISSION
First reading at the November 1, 2022 City Council meeting and approved by a vote of 70.
Published in the Orange County Reporter on November 4, 2022.
Department(s): City Manager’s Office
Recommended Action: Place ordinance on second reading and adopt.
6. Receive and File the Certification of Approval by City Engineer of Final Parcel Map 2017157 (200 E First American Way) (Applicant: Ki Ryu; Owner: Legado at The Met, LLC)
Department(s): Public Works Agency
Recommended Action: Receive and file the certification of approval by City Engineer of the final Parcel Map 2017157.
7. Receive and File Quarterly Report of Investments as of September 30, 2022 Department(s): Finance and Management Services
Recommended Action: Receive and file.
8. Quarterly Report for Housing Division Projects and Activities for the period of July 1, 2022 to September 30, 2022
Department(s): Community Development Agency
Recommended Action: Receive and file the Quarterly Report for Housing Division Projects and Activities for the period of July 1, 2022 to September 30, 2022.
9. Approve the Homeless Housing, Assistance, and Prevention (HHAP) Round 4 Application to Receive Funding from the State of California’s Homeless Coordinating and Financing Council (HCFC) to Address Homelessness
Department(s): Community Development Agency
Recommended Action: Approve the submission of the Homeless Housing, Assistance and Prevention (HHAP) Program Round 4 Application to receive funding from the State of California’s Homeless Coordinating and Financing Council (HCFC) to address homelessness.
10. Approve an Amendment to the Blanket Order Contracts for Equipment Rentals by $198,000 Annually and Add Herc Rentals to the List of Approved Vendors on Contract (Specification No. 22045) (General Fund)
Department(s): Public Works Agency
Recommended Action: Authorize an amendment to the blanket order contracts for equipment rentals to increase the annual aggregate amount by $198,000, for a revised amount of $278,000 for the remainder of the current oneyear term expiring April 19, 2023, with four oneyear renewal periods, and add Herc Rentals to the list of approved vendors on contract for equipment rentals, subject to nonsubstantive changes approved by the City Manager and City Attorney.
11. Award a Blanket Order Contract to Pacific Star Corporation for Water Quality Testing Supplies, Materials, and Equipment in an Annual Amount of $130,000 (Specification No. 22118) (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Award a blanket order contract to Pacific Star Corporation for water quality testing supplies, materials, and equipment for an annual amount not to exceed $130,000, for a oneyear term beginning November 15, 2022 and expiring November 14, 2023, with four oneyear renewal options, subject to nonsubstantive changes approved by the City Manager and City Attorney.
12. Approve Appropriation Adjustments Recognizing Measure M2 Local Fairshare and Senate Bill and Grant Funds and Award a Construction Contract to Hardy & Harper, Inc., in the amount of $3,400,000 for the Santa Clara Avenue Bike Lane and Pedestrian Improvements From Lincoln Avenue to Pasadena Street Project with an Estimated Project Delivery Cost of $4,250,000 (Project No. 236997) (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Approve an appropriation adjustment to recognize $581,000 in prior year fund balance in the Measure M2 Local Fairshare, Prior Year Carry Forward revenue account, and appropriating the same amount to the Measure M2 Local Fairshare, Improvements Other Than Building expense account. (Requires five affirmative votes)
2. Approve an appropriation adjustment to recognize $3,243,000 in Senate Bill 1, Solutions for Congested Corridors Program (SCCP) grant funds in the Select Street Construction, State GrantsIndirect revenue account, and appropriating the same amount to the Select Street Construction, Improvements Other Than Building expense account. (Requires five affirmative votes)
3. Authorize the City Manager to reject the bid submitted by Klassic Engineering & Construction as nonresponsive and award a construction contract to Hardy & Harper, Inc., the lowest responsive bidder, in accordance with the base bid in the amount of $3,400,000, for construction of the Santa Clara Avenue Bike Lane and Pedestrian Improvements, for the term beginning November 15, 2022 and ending upon project completion, subject to nonsubstantive changes approved by the City Manager and the City Attorney.
4. Approve the Project Cost Analysis for a total estimated construction delivery cost of $4,250,000, which includes $3,400,000 for the construction contract, $510,000 for contract administration, inspection and testing, and $340,000 project contingency for unanticipated or unforeseen work.
5. Approve an amendment to the Fiscal Year 202223 Capital Improvement Program to include $581,000 in construction funding from the Measure M2 Local Fairshare funds, and $3,243,000 in construction funding from Senate Bill 1, SCCP grant funds for the Santa Clara Avenue Bike Lane and Pedestrian Improvements from Lincoln Avenue to Pasadena Street.
13. Fiscal Year 202223 First Quarter Budget Report and Proposed Appropriation Adjustments
Department(s): Finance and Management Services
Recommended Action: 1. Approve appropriation adjustments (requires five affirmative votes) to increase General Fund expenditures as follows:
a. $40,000 for a fulltime Librarian to staff the second Knowledge Mobile for the remainder of FY 202223;
b. $35,000 for a fulltime Receptionist to greet and direct visitors; c. $36,600 to print and mail election information cards for the City’s November 2022 ballot measures;
d. $514,764 for the purchase of bus benches, trash containers, and advertising kiosks; and
e. $1,000,000 to plan for development of new public facilities in the Civic Center complex;
f. $1,657,000 to move construction inspection costs from the Public Works Engineering & Project Management internal service fund to the General Fund, along with the associated fee/charge revenue of $1,420,000 for a net impact of $237,000.
2. Increase authorized fulltime staff headcount from 1,342 to 1,359 to capture 11 limitedterm positions funded by the Revive Santa Ana Program as approved by City Council on August 2, 2022, five additional Library positions to staff the second Knowledge Mobile and new Teen Time program, and one additional City Hall Reception position.
14. Approve Appropriation Adjustments recognizing Housing Assistance Payments and Administrative Funds to Administer New and Existing Vouchers (NonGeneral Fund) Department(s): Community Development Agency
Recommended Action: 1. Approve an appropriation adjustment recognizing additional Housing Assistance Payments funds in the amount of $623,708 in revenue account (no. 1401800252007) and appropriating the same amount to expenditure account (no. 1401876062300) to administer 38 new vouchers. (Requires five affirmative votes)
2. Approve an appropriation adjustment recognizing additional Housing Assistance Payments funds in the amount of $376,512 in revenue account (no. 1401800252007) and appropriating the same amount to expenditure account (no. 1401876062300) to administer 25 new Foster Youth to Independence vouchers. (Requires five affirmative votes)
3. Approve an appropriation adjustment recognizing additional Administrative funds in the amount of $115,500 in revenue account (no. 1391878052006) and appropriating the same amount to expenditure account (no. 1391878062300) to administer 231 existing Mainstream Program Vouchers. (Requires five affirmative votes)
15. Purchase and Sale Agreement of Real Property at 1415 French Street for Santa Ana Water Resources Elevated Tank Site (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute a purchase and sale agreement with Santa Ana Unified School District for the purchase of real property located at 1415 French Street (APN 39815101), in the amount of $781,000, plus normal closing costs and escrow fees, for a total amount not to exceed $860,000, subject to nonsubstantive changes approved by the City Manager and the City Attorney (Agreement No. 2022XXX).
16. Approve Agreements with Hunter Consulting, Inc. dba HCI Environmental & Engineering, Real Estate Consulting & Services, Inc., and SLS Property Solutions, Inc. for OnCall Right of Way Property BoardUp Services in an Aggregate Amount Not to Exceed $300,000 for a ThreeYear Term (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute agreements with Hunter Consulting, Inc. dba HCI Environmental & Engineering, Real Estate Consulting & Services, Inc., and SLS Property Solutions, Inc., for boardup services after City takes possession of vacant buildings to secure for Capital Improvement Projects (CIP) in a shared aggregate amount not to exceed $300,000, for a threeyear term beginning November 15, 2022 and expiring November 14, 2025, with an option for two, oneyear extensions, subject nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
17. Approve an Amendment to the Agreement with Ankura Consulting Group, LLC to Provide Construction Auditing Services for the Construction of the Carnegie Homeless Navigation Center (General Fund)
Department(s): City Attorney Office
Recommended Action: Authorize the City Manager to execute an amendment to the agreement with Ankura Consulting Group, LLC (“Ankura”) to provide services for the review and analysis of billings for construction of the Carnegie Homeless Navigation Center by Dyer 18 LLC ("Dyer"), increasing the total nottoexceed amount by an additional $50,000, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
18. Approve a Subcontractor Agreement with Working Wardrobes for Workforce Services in an Amount not to exceed $250,000 Under the Californians for All Youth Workforce Program (NonGeneral Fund)
Department(s): Community Development Agency
Recommended Action: Authorize the City Manager to execute an agreement with Working Wardrobes for workforce services in an amount not to exceed $250,000, for a period from November 15, 2022 to May 1, 2024, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022 XXX).
19. Approve Amendment to the Agreement with BrightLife Designs, LLC for DTSA 2022 Holiday Décor 2022 in an Amount Not to Exceed $370,000 (Revive Santa Ana Program)
Department(s): Community Development Agency
Recommended Action: Authorize the City Manager to execute an amendment to the agreement with BrightLife Designs, LLC to increase the contract amount by $370,000, for a total nottoexceed amount of $420,000 to provide holiday decorations in Downtown Santa Ana, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
20. Approve an Amendment to the Fiscal Year 20222023 Emergency Solutions Grant (ESG) Memorandum of Understanding (MOU) Agreement with the Santa Ana Police Department HEART Program for Additional Street Outreach and ESG Subrecipient Agreement with 211 Orange County for HMIS Data Collection (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 $30,000 for program year July 1, 2022 June 30, 2023 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 $22,340.92 for program year July 1, 2022 June 30, 2023 for additional data collection, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
21. Approve a PreCommitment of $2,200,000 in Inclusionary Housing Funds for the Development of Six Affordable Ownership Units Located at 1921 W Washington Avenue
Department(s): Community Development Agency
Recommended Action: Authorize the City Manager to execute a precommitment letter with Habitat of Humanity of Orange County for $2,200,000 in Inclusionary Housing Funds for the development of six affordable ownership units at 1921 W Washington Avenue, Santa Ana, CA (APN 40510137), subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022 XXX).
22. Approve a Memorandum of Understanding Establishing the Terms and Conditions of Employment for Classifications Represented by Service Employees International Union (SEIU), Local 721, PartTime NonCivil Service Unit Department(s): Human Resources
Recommended Action: Authorize the City Manager to execute a Memorandum of Understanding with Service Employees International Union Local 721, PartTime Non Civil Service Unit regarding wages, hours, and other terms and conditions of employment effective November 16, 2022 through November 15, 2024, and authorize nonsubstantive changes which may be necessary to implement the agreement (Agreement No. 2022XXX).
23. Approve a Memorandum of Understanding Establishing the Terms and Conditions of Employment for Classifications Represented by the Santa Ana Police Management Association
Department(s): Human Resources
Recommended Action: Authorize the City Manager to execute a Memorandum of Understanding with the Santa Ana Police Management Association regarding wages, hours, and other terms and conditions of employment effective January 1, 2022 through June 30, 2025, and authorize nonsubstantive changes which may be necessary to implement the agreement (Agreement No.2022XXX).
24. Adopt a Resolution Approving the Construction Installment Sale Agreement with the California State Water Resources Control Board for Financing of the Well 32 Nitrate Treatment Project (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Resolution No. 2022XXX – Adopt a Resolution approving the Construction Installment Sale Agreement (D2202003) with the California State Water Resources Control Board for financing of the Well 32 Nitrate Treatment Project, in an amount up to $6,249,105 (Agreement No. 2022XXX).
25. 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.
**END OF CONSENT CALENDAR**
BUSINESS CALENDAR
26. Discuss and Provide Direction Regarding the Recommendation of the Community Development Commission to Dissolve the Downtown Santa Ana Business Improvement District or Adopt the Resolution of Intention to Levy 2023 Assessment for Downtown Santa Ana Business Improvement District
Department(s): Community Development Agency
Recommended Action: Discuss the Downtown Santa Ana Business Improvement District and direct staff to either:
1. Approve the recommendation of the Community Development Commission (Commission) to dissolve the Downtown Santa Ana Business Improvement District (BID) and establish a time and place for a public hearing to be held by the City Council on December 20, 2022; or
2. Resolution No. 2022XXX – Adopt the resolution of intention to levy an annual business license tax assessment for the 2023 calendar year and establish a time and place for a public hearing to be held by the City Council on December 6, 2022.
27. Informational Report Relating to the City’s AntiCruising Ordinance Department(s): Police Department
Recommended Action: It is recommended that the City Council accept the informational report and consider one of the following options:
1. Direct staff to return to the City Council with additional information.
2. Leave the anticruising ordinance as is (i.e., make no changes to the Santa Ana Municipal Code relating to cruising).’
3. Direct staff to prepare an ordinance to repeal the anticruising ordinance.
4. Take no action.
**END OF BUSINESS CALENDAR**
COUNCILMEMBER REQUESTED ITEMS
28. Discuss and Consider Directing the City Manager to Direct Staff to Develop a Community Historical Marker Policy and to Install a Community Historical Marker on the Corner of Sycamore and Fourth Streets to Honor, Remember, and Memorialize the Story of Francisco Torres – Councilmember Hernandez CITY MANAGER COMMENTS
COUNCIL COMMENTS
AB1234 DISCLOSURE – If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended.
ADJOURNMENT – Adjourn the City Council meeting and convene to the Special Housing Authority meeting.
Future Items
1. Sanitation Fee – Work Study Session
SPECIAL HOUSING AUTHORITY
CALL TO ORDER
ATTENDANCE Authority Members Johnathan Ryan Hernandez
Jessie Lopez
Nelida Mendoza
David Penaloza
Thai Viet Phan
Vice Chair Phil Bacerra
Chair Vicente Sarmiento
City Manager Kristine Ridge
City Attorney Sonia R. Carvalho
Clerk of the Council
ROLL CALL
PUBLIC COMMENTS – Members of the public may address Housing Authority only on items on the Special Housing Authority agenda.
CONSENT CALENDAR
RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 1 and 2.
1. Excused Absences
Department(s): Clerk of the Council Office
Recommended Action: Excuse the absent members.
2. Quarterly Report for the Housing Choice Voucher Program for the period of July 1, 2022 to September 30, 2022
Department(s): Community Development Agency
Recommended Action: Receive and file the Quarterly Report for the Housing Choice Voucher Program for the period of July 1, 2022 to September 30, 2022. **END OF CONSENT CALENDAR**
HOUSING AUTHORITY MEMBER COMMENTS
ADJOURNMENT – Adjourn the Special Housing Authority meeting.
11/15/2022
City Council and Special Housing Authority
Meeting Agenda
November 15, 2022
CLOSED SESSION MEETING – 5:00 PM
REGULAR OPEN MEETING – 5:45 PM
(Immediately following the Closed Session Meeting)
CITY COUNCIL CHAMBER
22 Civic Center Plaza Santa Ana, CA 92701
Vicente Sarmiento
Mayor
Thai Viet Phan
Councilmember – Ward 1
Nelida Mendoza
Councilmember Ward 2
Jessie Lopez
Councilmember Ward 3
Phil Bacerra
Mayor Pro Tem Ward 4
Johnathan Ryan Hernandez
Councilmember Ward 5
David Penaloza
Councilmember Ward 6
Mayor and Council telephone: 7146476900
Agenda item inquiries: 7146476520
Sonia R. Carvalho
City Attorney
Kristine Ridge
City Manager
Vacant
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:
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, 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’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. 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.
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 SPECIAL HOUSING AUTHORITY ITEMS – You can provide comments by joining Zoom or the Conference Call as described in the LIVE or IN PERSON PUBLIC COMMENTS OPTION above. Speakers not in the queue by 6:00 p.m. will not be permitted to speak.
About the Agenda
To download or view the attachments (staff report and other supporting documentation) for each agenda item, you must select the agenda item to see the attachments to either open in a new link (the eyeball
) or download a pdf (the cloud symbol with the down arrow ).
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
ROLL CALL
PUBLIC COMMENTS – Members of the public may address the City Council on Closed Session items.
CLOSED SESSION ITEMS – The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation:
1. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code:
A. Lonerock, Inc. v. City of Santa Ana, Orange County Superior Court Case No. 30 202101211998CUBCCJC
2. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a):
Agency Negotiators: Human Resources Executive Director, Jason Motsick Employee Organizations:
Santa Ana Police Officers Association (POA)
Santa Ana Police Management Association (PMA)
Service Employees’ International Union (SEIU) FullTime Employees Service Employees’ International Union (SEIU) PartTime NonCivil Service Employees
Confidential Association of Santa Ana (CASA)
Santa Ana Management Association (SAMA)
3. PUBLIC EMPLOYEE EMPLOYMENT/APPOINTMENT pursuant to Government Code 54957
Title: Clerk of the Council, Acting Clerk of the Council, or Interim Clerk of the Council 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 Danny De Leon Sr.
CEREMONIAL PRESENTATIONS
1. Proclamation presented by Mayor Sarmiento to the Guzman Family for their Outstanding Contributions related to Advancing Equity in the Public Education System in the U.S.
STAFF PRESENTATIONS
2. 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: 3 through 25.
3. Excused Absences
Department(s): Clerk of the Council Office
Recommended Action: Excuse the absent members.
4. Minutes from the Regular Meeting of August 16, 2022
Department(s): Clerk of the Council Office
Recommended Action: Approve minutes.
5. Adopt Ordinance No. NSXXXX – AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADDING DIVISION 16 TO ARTICLE IV OF CHAPTER 2 OF THE SANTA ANA MUNICIPAL CODE FOR THE ESTABLISHMENT OF A POLICE OVERSIGHT COMMISSION
First reading at the November 1, 2022 City Council meeting and approved by a vote of 70.
Published in the Orange County Reporter on November 4, 2022.
Department(s): City Manager’s Office
Recommended Action: Place ordinance on second reading and adopt.
6. Receive and File the Certification of Approval by City Engineer of Final Parcel Map 2017157 (200 E First American Way) (Applicant: Ki Ryu; Owner: Legado at The Met, LLC)
Department(s): Public Works Agency
Recommended Action: Receive and file the certification of approval by City Engineer of the final Parcel Map 2017157.
7. Receive and File Quarterly Report of Investments as of September 30, 2022 Department(s): Finance and Management Services
Recommended Action: Receive and file.
8. Quarterly Report for Housing Division Projects and Activities for the period of July 1, 2022 to September 30, 2022
Department(s): Community Development Agency
Recommended Action: Receive and file the Quarterly Report for Housing Division Projects and Activities for the period of July 1, 2022 to September 30, 2022.
9. Approve the Homeless Housing, Assistance, and Prevention (HHAP) Round 4 Application to Receive Funding from the State of California’s Homeless Coordinating and Financing Council (HCFC) to Address Homelessness
Department(s): Community Development Agency
Recommended Action: Approve the submission of the Homeless Housing, Assistance and Prevention (HHAP) Program Round 4 Application to receive funding from the State of California’s Homeless Coordinating and Financing Council (HCFC) to address homelessness.
10. Approve an Amendment to the Blanket Order Contracts for Equipment Rentals by $198,000 Annually and Add Herc Rentals to the List of Approved Vendors on Contract (Specification No. 22045) (General Fund)
Department(s): Public Works Agency
Recommended Action: Authorize an amendment to the blanket order contracts for equipment rentals to increase the annual aggregate amount by $198,000, for a revised amount of $278,000 for the remainder of the current oneyear term expiring April 19, 2023, with four oneyear renewal periods, and add Herc Rentals to the list of approved vendors on contract for equipment rentals, subject to nonsubstantive changes approved by the City Manager and City Attorney.
11. Award a Blanket Order Contract to Pacific Star Corporation for Water Quality Testing Supplies, Materials, and Equipment in an Annual Amount of $130,000 (Specification No. 22118) (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Award a blanket order contract to Pacific Star Corporation for water quality testing supplies, materials, and equipment for an annual amount not to exceed $130,000, for a oneyear term beginning November 15, 2022 and expiring November 14, 2023, with four oneyear renewal options, subject to nonsubstantive changes approved by the City Manager and City Attorney.
12. Approve Appropriation Adjustments Recognizing Measure M2 Local Fairshare and Senate Bill and Grant Funds and Award a Construction Contract to Hardy & Harper, Inc., in the amount of $3,400,000 for the Santa Clara Avenue Bike Lane and Pedestrian Improvements From Lincoln Avenue to Pasadena Street Project with an Estimated Project Delivery Cost of $4,250,000 (Project No. 236997) (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Approve an appropriation adjustment to recognize $581,000 in prior year fund balance in the Measure M2 Local Fairshare, Prior Year Carry Forward revenue account, and appropriating the same amount to the Measure M2 Local Fairshare, Improvements Other Than Building expense account. (Requires five affirmative votes)
2. Approve an appropriation adjustment to recognize $3,243,000 in Senate Bill 1, Solutions for Congested Corridors Program (SCCP) grant funds in the Select Street Construction, State GrantsIndirect revenue account, and appropriating the same amount to the Select Street Construction, Improvements Other Than Building expense account. (Requires five affirmative votes)
3. Authorize the City Manager to reject the bid submitted by Klassic Engineering & Construction as nonresponsive and award a construction contract to Hardy & Harper, Inc., the lowest responsive bidder, in accordance with the base bid in the amount of $3,400,000, for construction of the Santa Clara Avenue Bike Lane and Pedestrian Improvements, for the term beginning November 15, 2022 and ending upon project completion, subject to nonsubstantive changes approved by the City Manager and the City Attorney.
4. Approve the Project Cost Analysis for a total estimated construction delivery cost of $4,250,000, which includes $3,400,000 for the construction contract, $510,000 for contract administration, inspection and testing, and $340,000 project contingency for unanticipated or unforeseen work.
5. Approve an amendment to the Fiscal Year 202223 Capital Improvement Program to include $581,000 in construction funding from the Measure M2 Local Fairshare funds, and $3,243,000 in construction funding from Senate Bill 1, SCCP grant funds for the Santa Clara Avenue Bike Lane and Pedestrian Improvements from Lincoln Avenue to Pasadena Street.
13. Fiscal Year 202223 First Quarter Budget Report and Proposed Appropriation Adjustments
Department(s): Finance and Management Services
Recommended Action: 1. Approve appropriation adjustments (requires five affirmative votes) to increase General Fund expenditures as follows:
a. $40,000 for a fulltime Librarian to staff the second Knowledge Mobile for the remainder of FY 202223;
b. $35,000 for a fulltime Receptionist to greet and direct visitors; c. $36,600 to print and mail election information cards for the City’s November 2022 ballot measures;
d. $514,764 for the purchase of bus benches, trash containers, and advertising kiosks; and
e. $1,000,000 to plan for development of new public facilities in the Civic Center complex;
f. $1,657,000 to move construction inspection costs from the Public Works Engineering & Project Management internal service fund to the General Fund, along with the associated fee/charge revenue of $1,420,000 for a net impact of $237,000.
2. Increase authorized fulltime staff headcount from 1,342 to 1,359 to capture 11 limitedterm positions funded by the Revive Santa Ana Program as approved by City Council on August 2, 2022, five additional Library positions to staff the second Knowledge Mobile and new Teen Time program, and one additional City Hall Reception position.
14. Approve Appropriation Adjustments recognizing Housing Assistance Payments and Administrative Funds to Administer New and Existing Vouchers (NonGeneral Fund) Department(s): Community Development Agency
Recommended Action: 1. Approve an appropriation adjustment recognizing additional Housing Assistance Payments funds in the amount of $623,708 in revenue account (no. 1401800252007) and appropriating the same amount to expenditure account (no. 1401876062300) to administer 38 new vouchers. (Requires five affirmative votes)
2. Approve an appropriation adjustment recognizing additional Housing Assistance Payments funds in the amount of $376,512 in revenue account (no. 1401800252007) and appropriating the same amount to expenditure account (no. 1401876062300) to administer 25 new Foster Youth to Independence vouchers. (Requires five affirmative votes)
3. Approve an appropriation adjustment recognizing additional Administrative funds in the amount of $115,500 in revenue account (no. 1391878052006) and appropriating the same amount to expenditure account (no. 1391878062300) to administer 231 existing Mainstream Program Vouchers. (Requires five affirmative votes)
15. Purchase and Sale Agreement of Real Property at 1415 French Street for Santa Ana Water Resources Elevated Tank Site (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute a purchase and sale agreement with Santa Ana Unified School District for the purchase of real property located at 1415 French Street (APN 39815101), in the amount of $781,000, plus normal closing costs and escrow fees, for a total amount not to exceed $860,000, subject to nonsubstantive changes approved by the City Manager and the City Attorney (Agreement No. 2022XXX).
16. Approve Agreements with Hunter Consulting, Inc. dba HCI Environmental & Engineering, Real Estate Consulting & Services, Inc., and SLS Property Solutions, Inc. for OnCall Right of Way Property BoardUp Services in an Aggregate Amount Not to Exceed $300,000 for a ThreeYear Term (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute agreements with Hunter Consulting, Inc. dba HCI Environmental & Engineering, Real Estate Consulting & Services, Inc., and SLS Property Solutions, Inc., for boardup services after City takes possession of vacant buildings to secure for Capital Improvement Projects (CIP) in a shared aggregate amount not to exceed $300,000, for a threeyear term beginning November 15, 2022 and expiring November 14, 2025, with an option for two, oneyear extensions, subject nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
17. Approve an Amendment to the Agreement with Ankura Consulting Group, LLC to Provide Construction Auditing Services for the Construction of the Carnegie Homeless Navigation Center (General Fund)
Department(s): City Attorney Office
Recommended Action: Authorize the City Manager to execute an amendment to the agreement with Ankura Consulting Group, LLC (“Ankura”) to provide services for the review and analysis of billings for construction of the Carnegie Homeless Navigation Center by Dyer 18 LLC ("Dyer"), increasing the total nottoexceed amount by an additional $50,000, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
18. Approve a Subcontractor Agreement with Working Wardrobes for Workforce Services in an Amount not to exceed $250,000 Under the Californians for All Youth Workforce Program (NonGeneral Fund)
Department(s): Community Development Agency
Recommended Action: Authorize the City Manager to execute an agreement with Working Wardrobes for workforce services in an amount not to exceed $250,000, for a period from November 15, 2022 to May 1, 2024, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022 XXX).
19. Approve Amendment to the Agreement with BrightLife Designs, LLC for DTSA 2022 Holiday Décor 2022 in an Amount Not to Exceed $370,000 (Revive Santa Ana Program)
Department(s): Community Development Agency
Recommended Action: Authorize the City Manager to execute an amendment to the agreement with BrightLife Designs, LLC to increase the contract amount by $370,000, for a total nottoexceed amount of $420,000 to provide holiday decorations in Downtown Santa Ana, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
20. Approve an Amendment to the Fiscal Year 20222023 Emergency Solutions Grant (ESG) Memorandum of Understanding (MOU) Agreement with the Santa Ana Police Department HEART Program for Additional Street Outreach and ESG Subrecipient Agreement with 211 Orange County for HMIS Data Collection (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 $30,000 for program year July 1, 2022 June 30, 2023 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 $22,340.92 for program year July 1, 2022 June 30, 2023 for additional data collection, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
21. Approve a PreCommitment of $2,200,000 in Inclusionary Housing Funds for the Development of Six Affordable Ownership Units Located at 1921 W Washington Avenue
Department(s): Community Development Agency
Recommended Action: Authorize the City Manager to execute a precommitment letter with Habitat of Humanity of Orange County for $2,200,000 in Inclusionary Housing Funds for the development of six affordable ownership units at 1921 W Washington Avenue, Santa Ana, CA (APN 40510137), subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022 XXX).
22. Approve a Memorandum of Understanding Establishing the Terms and Conditions of Employment for Classifications Represented by Service Employees International Union (SEIU), Local 721, PartTime NonCivil Service Unit Department(s): Human Resources
Recommended Action: Authorize the City Manager to execute a Memorandum of Understanding with Service Employees International Union Local 721, PartTime Non Civil Service Unit regarding wages, hours, and other terms and conditions of employment effective November 16, 2022 through November 15, 2024, and authorize nonsubstantive changes which may be necessary to implement the agreement (Agreement No. 2022XXX).
23. Approve a Memorandum of Understanding Establishing the Terms and Conditions of Employment for Classifications Represented by the Santa Ana Police Management Association
Department(s): Human Resources
Recommended Action: Authorize the City Manager to execute a Memorandum of Understanding with the Santa Ana Police Management Association regarding wages, hours, and other terms and conditions of employment effective January 1, 2022 through June 30, 2025, and authorize nonsubstantive changes which may be necessary to implement the agreement (Agreement No.2022XXX).
24. Adopt a Resolution Approving the Construction Installment Sale Agreement with the California State Water Resources Control Board for Financing of the Well 32 Nitrate Treatment Project (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Resolution No. 2022XXX – Adopt a Resolution approving the Construction Installment Sale Agreement (D2202003) with the California State Water Resources Control Board for financing of the Well 32 Nitrate Treatment Project, in an amount up to $6,249,105 (Agreement No. 2022XXX).
25. 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.
**END OF CONSENT CALENDAR**
BUSINESS CALENDAR
26. Discuss and Provide Direction Regarding the Recommendation of the Community Development Commission to Dissolve the Downtown Santa Ana Business Improvement District or Adopt the Resolution of Intention to Levy 2023 Assessment for Downtown Santa Ana Business Improvement District
Department(s): Community Development Agency
Recommended Action: Discuss the Downtown Santa Ana Business Improvement District and direct staff to either:
1. Approve the recommendation of the Community Development Commission (Commission) to dissolve the Downtown Santa Ana Business Improvement District (BID) and establish a time and place for a public hearing to be held by the City Council on December 20, 2022; or
2. Resolution No. 2022XXX – Adopt the resolution of intention to levy an annual business license tax assessment for the 2023 calendar year and establish a time and place for a public hearing to be held by the City Council on December 6, 2022.
27. Informational Report Relating to the City’s AntiCruising Ordinance Department(s): Police Department
Recommended Action: It is recommended that the City Council accept the informational report and consider one of the following options:
1. Direct staff to return to the City Council with additional information.
2. Leave the anticruising ordinance as is (i.e., make no changes to the Santa Ana Municipal Code relating to cruising).’
3. Direct staff to prepare an ordinance to repeal the anticruising ordinance.
4. Take no action.
**END OF BUSINESS CALENDAR**
COUNCILMEMBER REQUESTED ITEMS
28. Discuss and Consider Directing the City Manager to Direct Staff to Develop a Community Historical Marker Policy and to Install a Community Historical Marker on the Corner of Sycamore and Fourth Streets to Honor, Remember, and Memorialize the Story of Francisco Torres – Councilmember Hernandez CITY MANAGER COMMENTS
COUNCIL COMMENTS
AB1234 DISCLOSURE – If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended.
ADJOURNMENT – Adjourn the City Council meeting and convene to the Special Housing Authority meeting.
Future Items
1. Sanitation Fee – Work Study Session
SPECIAL HOUSING AUTHORITY
CALL TO ORDER
ATTENDANCE Authority Members Johnathan Ryan Hernandez
Jessie Lopez
Nelida Mendoza
David Penaloza
Thai Viet Phan
Vice Chair Phil Bacerra
Chair Vicente Sarmiento
City Manager Kristine Ridge
City Attorney Sonia R. Carvalho
Clerk of the Council
ROLL CALL
PUBLIC COMMENTS – Members of the public may address Housing Authority only on items on the Special Housing Authority agenda.
CONSENT CALENDAR
RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 1 and 2.
1. Excused Absences
Department(s): Clerk of the Council Office
Recommended Action: Excuse the absent members.
2. Quarterly Report for the Housing Choice Voucher Program for the period of July 1, 2022 to September 30, 2022
Department(s): Community Development Agency
Recommended Action: Receive and file the Quarterly Report for the Housing Choice Voucher Program for the period of July 1, 2022 to September 30, 2022. **END OF CONSENT CALENDAR**
HOUSING AUTHORITY MEMBER COMMENTS
ADJOURNMENT – Adjourn the Special Housing Authority meeting.
11/15/2022
City Council and Special Housing Authority
Meeting Agenda
November 15, 2022
CLOSED SESSION MEETING – 5:00 PM
REGULAR OPEN MEETING – 5:45 PM
(Immediately following the Closed Session Meeting)
CITY COUNCIL CHAMBER
22 Civic Center Plaza Santa Ana, CA 92701
Vicente Sarmiento
Mayor
Thai Viet Phan
Councilmember – Ward 1
Nelida Mendoza
Councilmember Ward 2
Jessie Lopez
Councilmember Ward 3
Phil Bacerra
Mayor Pro Tem Ward 4
Johnathan Ryan Hernandez
Councilmember Ward 5
David Penaloza
Councilmember Ward 6
Mayor and Council telephone: 7146476900
Agenda item inquiries: 7146476520
Sonia R. Carvalho
City Attorney
Kristine Ridge
City Manager
Vacant
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:
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, 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’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. 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.
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 SPECIAL HOUSING AUTHORITY ITEMS – You can provide comments by joining Zoom or the Conference Call as described in the LIVE or IN PERSON PUBLIC COMMENTS OPTION above. Speakers not in the queue by 6:00 p.m. will not be permitted to speak.
About the Agenda
To download or view the attachments (staff report and other supporting documentation) for each agenda item, you must select the agenda item to see the attachments to either open in a new link (the eyeball
) or download a pdf (the cloud symbol with the down arrow ).
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
ROLL CALL
PUBLIC COMMENTS – Members of the public may address the City Council on Closed Session items.
CLOSED SESSION ITEMS – The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation:
1. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code:
A. Lonerock, Inc. v. City of Santa Ana, Orange County Superior Court Case No. 30 202101211998CUBCCJC
2. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a):
Agency Negotiators: Human Resources Executive Director, Jason Motsick Employee Organizations:
Santa Ana Police Officers Association (POA)
Santa Ana Police Management Association (PMA)
Service Employees’ International Union (SEIU) FullTime Employees Service Employees’ International Union (SEIU) PartTime NonCivil Service Employees
Confidential Association of Santa Ana (CASA)
Santa Ana Management Association (SAMA)
3. PUBLIC EMPLOYEE EMPLOYMENT/APPOINTMENT pursuant to Government Code 54957
Title: Clerk of the Council, Acting Clerk of the Council, or Interim Clerk of the Council 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 Danny De Leon Sr.
CEREMONIAL PRESENTATIONS
1. Proclamation presented by Mayor Sarmiento to the Guzman Family for their Outstanding Contributions related to Advancing Equity in the Public Education System in the U.S.
STAFF PRESENTATIONS
2. 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: 3 through 25.
3. Excused Absences
Department(s): Clerk of the Council Office
Recommended Action: Excuse the absent members.
4. Minutes from the Regular Meeting of August 16, 2022
Department(s): Clerk of the Council Office
Recommended Action: Approve minutes.
5. Adopt Ordinance No. NSXXXX – AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADDING DIVISION 16 TO ARTICLE IV OF CHAPTER 2 OF THE SANTA ANA MUNICIPAL CODE FOR THE ESTABLISHMENT OF A POLICE OVERSIGHT COMMISSION
First reading at the November 1, 2022 City Council meeting and approved by a vote of 70.
Published in the Orange County Reporter on November 4, 2022.
Department(s): City Manager’s Office
Recommended Action: Place ordinance on second reading and adopt.
6. Receive and File the Certification of Approval by City Engineer of Final Parcel Map 2017157 (200 E First American Way) (Applicant: Ki Ryu; Owner: Legado at The Met, LLC)
Department(s): Public Works Agency
Recommended Action: Receive and file the certification of approval by City Engineer of the final Parcel Map 2017157.
7. Receive and File Quarterly Report of Investments as of September 30, 2022 Department(s): Finance and Management Services
Recommended Action: Receive and file.
8. Quarterly Report for Housing Division Projects and Activities for the period of July 1, 2022 to September 30, 2022
Department(s): Community Development Agency
Recommended Action: Receive and file the Quarterly Report for Housing Division Projects and Activities for the period of July 1, 2022 to September 30, 2022.
9. Approve the Homeless Housing, Assistance, and Prevention (HHAP) Round 4 Application to Receive Funding from the State of California’s Homeless Coordinating and Financing Council (HCFC) to Address Homelessness
Department(s): Community Development Agency
Recommended Action: Approve the submission of the Homeless Housing, Assistance and Prevention (HHAP) Program Round 4 Application to receive funding from the State of California’s Homeless Coordinating and Financing Council (HCFC) to address homelessness.
10. Approve an Amendment to the Blanket Order Contracts for Equipment Rentals by $198,000 Annually and Add Herc Rentals to the List of Approved Vendors on Contract (Specification No. 22045) (General Fund)
Department(s): Public Works Agency
Recommended Action: Authorize an amendment to the blanket order contracts for equipment rentals to increase the annual aggregate amount by $198,000, for a revised amount of $278,000 for the remainder of the current oneyear term expiring April 19, 2023, with four oneyear renewal periods, and add Herc Rentals to the list of approved vendors on contract for equipment rentals, subject to nonsubstantive changes approved by the City Manager and City Attorney.
11. Award a Blanket Order Contract to Pacific Star Corporation for Water Quality Testing Supplies, Materials, and Equipment in an Annual Amount of $130,000 (Specification No. 22118) (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Award a blanket order contract to Pacific Star Corporation for water quality testing supplies, materials, and equipment for an annual amount not to exceed $130,000, for a oneyear term beginning November 15, 2022 and expiring November 14, 2023, with four oneyear renewal options, subject to nonsubstantive changes approved by the City Manager and City Attorney.
12. Approve Appropriation Adjustments Recognizing Measure M2 Local Fairshare and Senate Bill and Grant Funds and Award a Construction Contract to Hardy & Harper, Inc., in the amount of $3,400,000 for the Santa Clara Avenue Bike Lane and Pedestrian Improvements From Lincoln Avenue to Pasadena Street Project with an Estimated Project Delivery Cost of $4,250,000 (Project No. 236997) (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Approve an appropriation adjustment to recognize $581,000 in prior year fund balance in the Measure M2 Local Fairshare, Prior Year Carry Forward revenue account, and appropriating the same amount to the Measure M2 Local Fairshare, Improvements Other Than Building expense account. (Requires five affirmative votes)
2. Approve an appropriation adjustment to recognize $3,243,000 in Senate Bill 1, Solutions for Congested Corridors Program (SCCP) grant funds in the Select Street Construction, State GrantsIndirect revenue account, and appropriating the same amount to the Select Street Construction, Improvements Other Than Building expense account. (Requires five affirmative votes)
3. Authorize the City Manager to reject the bid submitted by Klassic Engineering & Construction as nonresponsive and award a construction contract to Hardy & Harper, Inc., the lowest responsive bidder, in accordance with the base bid in the amount of $3,400,000, for construction of the Santa Clara Avenue Bike Lane and Pedestrian Improvements, for the term beginning November 15, 2022 and ending upon project completion, subject to nonsubstantive changes approved by the City Manager and the City Attorney.
4. Approve the Project Cost Analysis for a total estimated construction delivery cost of $4,250,000, which includes $3,400,000 for the construction contract, $510,000 for contract administration, inspection and testing, and $340,000 project contingency for unanticipated or unforeseen work.
5. Approve an amendment to the Fiscal Year 202223 Capital Improvement Program to include $581,000 in construction funding from the Measure M2 Local Fairshare funds, and $3,243,000 in construction funding from Senate Bill 1, SCCP grant funds for the Santa Clara Avenue Bike Lane and Pedestrian Improvements from Lincoln Avenue to Pasadena Street.
13. Fiscal Year 202223 First Quarter Budget Report and Proposed Appropriation Adjustments
Department(s): Finance and Management Services
Recommended Action: 1. Approve appropriation adjustments (requires five affirmative votes) to increase General Fund expenditures as follows:
a. $40,000 for a fulltime Librarian to staff the second Knowledge Mobile for the remainder of FY 202223;
b. $35,000 for a fulltime Receptionist to greet and direct visitors; c. $36,600 to print and mail election information cards for the City’s November 2022 ballot measures;
d. $514,764 for the purchase of bus benches, trash containers, and advertising kiosks; and
e. $1,000,000 to plan for development of new public facilities in the Civic Center complex;
f. $1,657,000 to move construction inspection costs from the Public Works Engineering & Project Management internal service fund to the General Fund, along with the associated fee/charge revenue of $1,420,000 for a net impact of $237,000.
2. Increase authorized fulltime staff headcount from 1,342 to 1,359 to capture 11 limitedterm positions funded by the Revive Santa Ana Program as approved by City Council on August 2, 2022, five additional Library positions to staff the second Knowledge Mobile and new Teen Time program, and one additional City Hall Reception position.
14. Approve Appropriation Adjustments recognizing Housing Assistance Payments and Administrative Funds to Administer New and Existing Vouchers (NonGeneral Fund) Department(s): Community Development Agency
Recommended Action: 1. Approve an appropriation adjustment recognizing additional Housing Assistance Payments funds in the amount of $623,708 in revenue account (no. 1401800252007) and appropriating the same amount to expenditure account (no. 1401876062300) to administer 38 new vouchers. (Requires five affirmative votes)
2. Approve an appropriation adjustment recognizing additional Housing Assistance Payments funds in the amount of $376,512 in revenue account (no. 1401800252007) and appropriating the same amount to expenditure account (no. 1401876062300) to administer 25 new Foster Youth to Independence vouchers. (Requires five affirmative votes)
3. Approve an appropriation adjustment recognizing additional Administrative funds in the amount of $115,500 in revenue account (no. 1391878052006) and appropriating the same amount to expenditure account (no. 1391878062300) to administer 231 existing Mainstream Program Vouchers. (Requires five affirmative votes)
15. Purchase and Sale Agreement of Real Property at 1415 French Street for Santa Ana Water Resources Elevated Tank Site (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute a purchase and sale agreement with Santa Ana Unified School District for the purchase of real property located at 1415 French Street (APN 39815101), in the amount of $781,000, plus normal closing costs and escrow fees, for a total amount not to exceed $860,000, subject to nonsubstantive changes approved by the City Manager and the City Attorney (Agreement No. 2022XXX).
16. Approve Agreements with Hunter Consulting, Inc. dba HCI Environmental & Engineering, Real Estate Consulting & Services, Inc., and SLS Property Solutions, Inc. for OnCall Right of Way Property BoardUp Services in an Aggregate Amount Not to Exceed $300,000 for a ThreeYear Term (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute agreements with Hunter Consulting, Inc. dba HCI Environmental & Engineering, Real Estate Consulting & Services, Inc., and SLS Property Solutions, Inc., for boardup services after City takes possession of vacant buildings to secure for Capital Improvement Projects (CIP) in a shared aggregate amount not to exceed $300,000, for a threeyear term beginning November 15, 2022 and expiring November 14, 2025, with an option for two, oneyear extensions, subject nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
17. Approve an Amendment to the Agreement with Ankura Consulting Group, LLC to Provide Construction Auditing Services for the Construction of the Carnegie Homeless Navigation Center (General Fund)
Department(s): City Attorney Office
Recommended Action: Authorize the City Manager to execute an amendment to the agreement with Ankura Consulting Group, LLC (“Ankura”) to provide services for the review and analysis of billings for construction of the Carnegie Homeless Navigation Center by Dyer 18 LLC ("Dyer"), increasing the total nottoexceed amount by an additional $50,000, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
18. Approve a Subcontractor Agreement with Working Wardrobes for Workforce Services in an Amount not to exceed $250,000 Under the Californians for All Youth Workforce Program (NonGeneral Fund)
Department(s): Community Development Agency
Recommended Action: Authorize the City Manager to execute an agreement with Working Wardrobes for workforce services in an amount not to exceed $250,000, for a period from November 15, 2022 to May 1, 2024, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022 XXX).
19. Approve Amendment to the Agreement with BrightLife Designs, LLC for DTSA 2022 Holiday Décor 2022 in an Amount Not to Exceed $370,000 (Revive Santa Ana Program)
Department(s): Community Development Agency
Recommended Action: Authorize the City Manager to execute an amendment to the agreement with BrightLife Designs, LLC to increase the contract amount by $370,000, for a total nottoexceed amount of $420,000 to provide holiday decorations in Downtown Santa Ana, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
20. Approve an Amendment to the Fiscal Year 20222023 Emergency Solutions Grant (ESG) Memorandum of Understanding (MOU) Agreement with the Santa Ana Police Department HEART Program for Additional Street Outreach and ESG Subrecipient Agreement with 211 Orange County for HMIS Data Collection (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 $30,000 for program year July 1, 2022 June 30, 2023 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 $22,340.92 for program year July 1, 2022 June 30, 2023 for additional data collection, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
21. Approve a PreCommitment of $2,200,000 in Inclusionary Housing Funds for the Development of Six Affordable Ownership Units Located at 1921 W Washington Avenue
Department(s): Community Development Agency
Recommended Action: Authorize the City Manager to execute a precommitment letter with Habitat of Humanity of Orange County for $2,200,000 in Inclusionary Housing Funds for the development of six affordable ownership units at 1921 W Washington Avenue, Santa Ana, CA (APN 40510137), subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022 XXX).
22. Approve a Memorandum of Understanding Establishing the Terms and Conditions of Employment for Classifications Represented by Service Employees International Union (SEIU), Local 721, PartTime NonCivil Service Unit Department(s): Human Resources
Recommended Action: Authorize the City Manager to execute a Memorandum of Understanding with Service Employees International Union Local 721, PartTime Non Civil Service Unit regarding wages, hours, and other terms and conditions of employment effective November 16, 2022 through November 15, 2024, and authorize nonsubstantive changes which may be necessary to implement the agreement (Agreement No. 2022XXX).
23. Approve a Memorandum of Understanding Establishing the Terms and Conditions of Employment for Classifications Represented by the Santa Ana Police Management Association
Department(s): Human Resources
Recommended Action: Authorize the City Manager to execute a Memorandum of Understanding with the Santa Ana Police Management Association regarding wages, hours, and other terms and conditions of employment effective January 1, 2022 through June 30, 2025, and authorize nonsubstantive changes which may be necessary to implement the agreement (Agreement No.2022XXX).
24. Adopt a Resolution Approving the Construction Installment Sale Agreement with the California State Water Resources Control Board for Financing of the Well 32 Nitrate Treatment Project (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Resolution No. 2022XXX – Adopt a Resolution approving the Construction Installment Sale Agreement (D2202003) with the California State Water Resources Control Board for financing of the Well 32 Nitrate Treatment Project, in an amount up to $6,249,105 (Agreement No. 2022XXX).
25. 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.
**END OF CONSENT CALENDAR**
BUSINESS CALENDAR
26. Discuss and Provide Direction Regarding the Recommendation of the Community Development Commission to Dissolve the Downtown Santa Ana Business Improvement District or Adopt the Resolution of Intention to Levy 2023 Assessment for Downtown Santa Ana Business Improvement District
Department(s): Community Development Agency
Recommended Action: Discuss the Downtown Santa Ana Business Improvement District and direct staff to either:
1. Approve the recommendation of the Community Development Commission (Commission) to dissolve the Downtown Santa Ana Business Improvement District (BID) and establish a time and place for a public hearing to be held by the City Council on December 20, 2022; or
2. Resolution No. 2022XXX – Adopt the resolution of intention to levy an annual business license tax assessment for the 2023 calendar year and establish a time and place for a public hearing to be held by the City Council on December 6, 2022.
27. Informational Report Relating to the City’s AntiCruising Ordinance Department(s): Police Department
Recommended Action: It is recommended that the City Council accept the informational report and consider one of the following options:
1. Direct staff to return to the City Council with additional information.
2. Leave the anticruising ordinance as is (i.e., make no changes to the Santa Ana Municipal Code relating to cruising).’
3. Direct staff to prepare an ordinance to repeal the anticruising ordinance.
4. Take no action.
**END OF BUSINESS CALENDAR**
COUNCILMEMBER REQUESTED ITEMS
28. Discuss and Consider Directing the City Manager to Direct Staff to Develop a Community Historical Marker Policy and to Install a Community Historical Marker on the Corner of Sycamore and Fourth Streets to Honor, Remember, and Memorialize the Story of Francisco Torres – Councilmember Hernandez CITY MANAGER COMMENTS
COUNCIL COMMENTS
AB1234 DISCLOSURE – If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended.
ADJOURNMENT – Adjourn the City Council meeting and convene to the Special Housing Authority meeting.
Future Items
1. Sanitation Fee – Work Study Session
SPECIAL HOUSING AUTHORITY
CALL TO ORDER
ATTENDANCE Authority Members Johnathan Ryan Hernandez
Jessie Lopez
Nelida Mendoza
David Penaloza
Thai Viet Phan
Vice Chair Phil Bacerra
Chair Vicente Sarmiento
City Manager Kristine Ridge
City Attorney Sonia R. Carvalho
Clerk of the Council
ROLL CALL
PUBLIC COMMENTS – Members of the public may address Housing Authority only on items on the Special Housing Authority agenda.
CONSENT CALENDAR
RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 1 and 2.
1. Excused Absences
Department(s): Clerk of the Council Office
Recommended Action: Excuse the absent members.
2. Quarterly Report for the Housing Choice Voucher Program for the period of July 1, 2022 to September 30, 2022
Department(s): Community Development Agency
Recommended Action: Receive and file the Quarterly Report for the Housing Choice Voucher Program for the period of July 1, 2022 to September 30, 2022. **END OF CONSENT CALENDAR**
HOUSING AUTHORITY MEMBER COMMENTS
ADJOURNMENT – Adjourn the Special Housing Authority meeting.