3 3
0 4
compliance, and issues permits in real time for a solar energy system. A local jurisdiction has the option of implementing the SolarAPP+ software or propose a similar permitting tool to be developed by the City and separately vetted by CEC for compliance.
SolarAPP+ is a web-based portal developed by the National Renewable Energy Laboratory, a national laboratory of the U.S. Department of Energy. The platform has been vetted, pre-approved, and deemed by CEC to fulfill all the requirements of the grant. The City reviewed the functionalities of the SolarAPP+ platform and found it to be compatible with the land management system the City is developing and opted to submit the grant application to implement the CEC preapproved SolarAPP+ platform in order to streamline the implementation process.
ENVIRONMENTAL IMPACT
Implementation of an online-automated solar permitting platform will streamline the local solar permitting process and will reduce reliance on non-renewable energy. This will not result in any significant effect on the environment. Accordingly, the project is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines as amended.
FISCAL IMPACT
Approval of the appropriation adjustment will recognize $100,000 in funds from the CEC to revenue account (13116002-52025) and appropriate same to expenditure accounts (nos. 13116500-various).
Fiscal Year
Accounting
Unit-
Account #
Fund
Description
Accounting Unit,
Account
Description
Amount
FY 23-24 13116500-
various
Miscellaneous
Grants
CA Automated Permit
Program - Various
$100,000.00
TOTAL $100,000.00
All funds are scheduled for expenditure in Fiscal Year 2023-24; however, any remaining balances not expected at the end of the fiscal year will be carried forward into FY 202425 for expenditure.
EXHIBIT(S)
1. Resolution
2. Grant Agreement and Exhibits
Submitted By: Minh Thai, Executive Director of Planning and Building Agency Approved By: Kristine Ridge, City Manager
City Council
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Resolution No. 2023-XXX
RESOLUTION NO. 2023-0XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA AUTHORIZING THE RECEIPT OF FUNDS
FROM THE CALIFORNIA ENERGY COMMISSION FOR THE
CALIFORNIA AUTOMATED PERMIT PROCESSING
PROGRAM
WHEREAS, the State of California, Energy Commission (“Commission”) has issued a Notice of Proposed Awards (“NOPA”) dated June 1, 2022, for the California Automated Permit Processing (“CalAPP”) Program; and
WH
EREAS, the City Council of the City Santa Ana (“City”) submitted a grant application form for the CalAPP program to recover the cost of establishing an eligible automated online solar permitting platform; and
WH
EREAS, pursuant to Senate Bill 129 (Skinner, Budget Act of 2021) , the Commission is authorized to provide up to twenty million (20,000,000) dollars under the California Energy Commission to support a funding program for California cities and to establish online automated solar permitting of which Santa Ana is eligible for $ 100,000 in funding.
NO
W, THEREFORE, THE CITY COUNCIL OF SANTA ANA RESOLVES AS FOLLOWS:
SECTION 1. In connection with the CalAPP grant, if the application is approved by the Department, the City Manager or the Executive Director of Planning and Building Agency is authorized to enter into, execute, and deliver a State of California Agreement (Standard Agreement) for the amount of $100,000, and any and all other documents required or deemed necessary or appropriate to evidence and secure the CalAPP grant, appropriate the grant funds, and authorize the City's obligations related thereto, and all amendments thereto.
SECTION 2. The City shall be subject to the terms and conditions as specified in the Grant Agreement, the CalAPP Grants Program Guidelines, and any applicable CalAPP guidelines published by the Commission. Funds are to be used for allowable expenditures as specifically identified in the Grant Agreement. The application is incorporated in full as part of the Grant Agreement. Any and all activities funded, information provided, and timelines represented in the application will be enforceable through the executed Grant Agreement. The City Council hereby agrees to use the funds for eligible uses in the manner presented in the application, as approved by the Commission and in accordance with the NOPA, the CalAPP Grants Program Guidelines , and the CalAPP Program Application.
Exhibit 1
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Resolution No. 2023-XXX
SECTION 3. Pursuant to Section 15061(b)(3) of the California Environmental Quality Act and the CEQA Guidelines, this action is exempt from further review as there is no potential for any environmental impact.
SECTION 4. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution.
ADOPTED this ____day of _____, 2023 by the following vote:
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:
Jose Montoya
Assistant City Attorney
AYES: Councilmembers ________________________________________ NOES: Councilmembers _______________________________________________________________________ ABSTAIN: Councilmembers _______________________________________________________________________ NOT PRESENT: Councilmembers _________________________________________________________________________________________________________________________ Valerie Amezcua
Mayor
City Council
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Resolution No. 2023-XXX
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Jennifer Hall, City Clerk, do hereby attest to and certify the attached Resolution No. ___________ to be the original resolution adopted by the City Council of the City of Santa Ana on ______________.
Date:
City Clerk
City of Santa Ana
City Council
20 –
5 4/18/2023
STATE OF CALIFORNIA
GRANT AGREEMENT
CEC-146 (Revised 3/2019) CALIFORNIA ENERGY COMMISSION
RECIPIENT AGREEMENT NUMBER
City of Santa Ana APP-22-045
ADDRESS AGREEMENT TERM
20 Civic Center Plaza, M-19
Santa Ana, CA 92701
11/29/2022 to 05/31/2027
The effective date of this Agreement is either the start date or the approval signature date by the California Energy Commission representative below, whichever is later. The California Energy Commission shall be the last party to sign. No work is authorized, nor shall any work begin, until on or after the effective date.
PROJECT DESCRIPTION
The parties agree to comply with the terms and conditions of the following Exhibits which are by this reference made a part of the agreement.
Exhibit A – Application with Scope of Work Page(s): 4
Exhibit B – APP General Terms and Conditions Page(s): 5 Exhibit C – Contact List Page(s): 1
REIMBURSABLE AMOUNT
$ 100,000
MINIMUM MATCH SHARE REQUIRED
$ 0
TOTAL OF REIMBURSABLE AMOUNT AND MINIMUM MATCH
$ 100,000
The undersigned parties have read the attachments to this agreement and will comply with the standards and requirements contained therein.
CALIFORNIA ENERGY COMMISSION CONTRACTOR
AUTHORIZED SIGNATURE DATE AUTHORIZED SIGNATURE DATE
NAME NAME
Adrienne Winuk
TITLE TITLE
Contracts, Grants, and Loans Office Manager
CALIFORNIA ENERGY COMMISSION ADDRESS
715 P Street, MS 18, Sacramento, CA 95814
Exhi
bit 2
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City of Santa Ana
CalAPP Attachment 01
ATTACHMENT 01
Grant Application Form EXHIBIT A
California Automated Permit Processing (CalAPP) Program
1. APPLICANT INFORMATION
Jurisdiction Name (please use full legal name as it would appear on the executed grant):
Jurisdiction Type (select one):
City County City and County
Current Estimated Population
):
Less than 50,000
From 50,000 to 99,999
From 100,000 to 200,000
Greater than 200,000
Project Manager Name
Street Address
City and
Zip Code
Phone Number
E-Mail Address
2. FUNDING
Assigned Maximum Grant Amount (select )
Group 1 ($40,000): Population less than 50,000
Group 2 ($60,000): Population from 50,000 to 99,999
Group 3 ($80,000): Population from 100,000 to 200,000
Group 4 ($100,000): Population greater than 200,000
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CalAPP Attachment 01
3. PROJECT INFORMATION
A. Online, automated solar permitting platform to be adopted:
SolarAPP+
Other
B. Please select allowable budget item(s) anticipated to be used (Select at least one):
Ongoing in-house staff labor costs associated directly with adoption and maintenance of the platform
Ongoing third-party or consultant time associated directly with adoption and maintenance of the platform
Ongoing staff training and education, specific to the platform Ongoing training events for local installers, specific to the platform Essential hardware or equipment necessary to support adoption of the platform
Maintenance, such as adding support for energy storage paired with solar energy system permitting, and subscription cost for permit tracking software in support of adopted permitting platform
C. Estimated Project Timeline*
*Enter actual dates if activities already began
Activity Date (Month/Year)
Begin Development/Pilot
Full Adoption
Staff Training
Training for Local Installers
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CalAPP Attachment 01
4. ADDITIONAL INFORMATION (if applicable)
NOTE: Only complete this section if you implement a platform other than SolarAPP+ Please identify whether the following features are supported by the implemented platform. All features are required for the platform to qualify for funding. CEC staff will verify prior to payment approval.
Performs an automated plan review for residential solar energy systems that completes automatic code compliance checks based on user inputs (such as a contractor), thereby enabling or otherwise issuing permits instantly when the project is confirmed as code compliant, without the need for human review
Yes No
Supports online, immediate fee payment once an application is complete, which may include auto-invoicing of permit fee costs Yes No Supports immediate generation of a permit job card following payment confirmation Yes No
Blocks noncompliant applications from receiving a permit Yes No EITHER: 1) Stand-alone permitting tool; OR 2) Integrates with current software and inspection platform already in use Yes No
5. REPORTING
Following adoption and verification of a qualifying platform, the Energy Commission may request, and the Recipient will provide if requested, annual data on the number of permits issued for solar energy systems and a solar energy system paired with an energy storage system including
relevant characteristics of those systems,
such as system capacity.
Please indicate your acceptance of these terms.
Yes No
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CalAPP Attachment 01
CERTIFICATION
I am authorized to complete and sign this form on behalf of the applicant.
I authorize the California Energy Commission to make any inquiries necessary to verify the information presented in this application.
I have read and understand the terms and conditions contained in this solicitation. I accept the terms and conditions contained in this solicitation on behalf of the applicant, and the applicant is willing to enter into an agreement with the Energy Commission to conduct the proposed project according to the terms and conditions without negotiation.
I certify under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Name of Authorized
Representative:
Title:
Phone Number:
E-mail Address:
Date:
Signature of
Authorized
Representative:
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Exhibit B
California Automated Permit Processing (CalAPP) Program Terms and Conditions
1. Background and Authority for this Grant
C
alifornia Senate Bill 129 (2021) included an appropriation to the California Energy Commission (CEC) to support a grant program for cities, counties, or cities and counties to establish online solar permitting.
2. D
ocuments Incorporated by Reference and Priority
I
ncorporated by reference into this agreement are the following documents:
A
. Grant Funding Opportunity (GFO) 21-402.
B
. Recipient’s application to CalAPP.
A
s between the incorporated documents and the remainder of this Agreement, the rest of this Agreement takes priority in case of a conflict.
3. B
udget, Invoices, and Payments
a) Th
e CEC is only obligated to reimburse the Recipient for paid costs that are (1) incurred during the Agreement Term; (2) invoiced within the required timeframes of this Agreement; (3) not more than this Agreement’s budget; and (4) reasonable, actual, and allowable expenses under this Agreement.
b) Recipient acknowledges that the funds under this Agreement have a liquidation date of June 30, 2027, a legal timeframe after which the CEC has no authority to pay the funds. In addition, it takes the CEC administrative time to review, approve, work with the Recipient to correct any errors in, and request the State Controller’s Office to pay invoices. Accordingly, Recipient acknowledges that if it does not submit accurate invoices by March 30, 2027, for all amounts due under the Agreement, it risks not receiving payment, and relinquishes all rights to such payments should the CEC not pay it by the liquidation date. Recipient acknowledges that time is of the essence in invoicing by March 30, 2027, for all amounts due under this Agreement.
Th
e Recipient may request payment from the Energy Commission at any time during the term of this Agreement after successful adoption of a qualifying solar permitting platform as verified by the CEC, but no more frequently than monthly. Recipient must use the CAM provided template invoice spreadsheet. c) I
f invoicing for in-house staff time, the template invoice spreadsheet must identify the employee’s name, hours worked, and billing rate to be included as a reimbursable expense. d
) Unallowable costs include:
• Software not related to the adoption of a qualifying online, automated permitting platform. • A
ny costs incurred or activities conducted prior to entering into a grant agreement with the Energy Commission or incurred after the grant agreement has ended.
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City of Santa Ana
• Typically excluded items such as food and beverages.
• Advertising costs.
• Fines and penalties.
• Permit processing fees charged by operator of an online platform. • All other costs not identified as allowable.
• Unreasonable amounts or rates.
4. Certification
By signing this Agreement, Recipient hereby certifies that all funds received pursuant to this Agreement shall be spent exclusively for its CalAPP project in compliance with this Agreement. The Recipient further certifies that it shall comply with all applicable laws in performing this Agreement.
5. Nondiscrimination Statement of Compliance
During the performance of this Agreement, the Recipient and its subcontractors will not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, sexual orientation, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition, age, marital status, or denial of family care leave.
The Recipient and its subcontractors will ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment.
The Recipient and its subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code Sections 12990 et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 11000 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4.1 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by reference and made a part of it as if set forth in full. The Recipient and its subcontractors will give written notice of their obligations under this section to labor organizations with which they have a collective bargaining or other Agreement.
The Recipient shall include the nondiscrimination and compliance provisions of this section in all subcontracts to perform work under this Agreement.
6. Drug-Free Workplace Certification
By signing this Agreement, the Recipient certifies under penalty of perjury under the laws of the State of California that it will comply with the requirements of the Drug-Free Workplace Act of 1990 (Government Code Section 8350 et seq.) and will provide a drug-free workplace by taking the following actions:
1) Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited, and specifying actions to be taken against employees for violations as required by Government Code Section 8355(a).
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City of Santa Ana
2) Establish a Drug-Free Awareness Program as required by Government Code Section 8355(b) to inform employees about all of the following:
• The dangers of drug abuse in the workplace;
• The person’s or organization’s policy of maintaining a drug-free workplace; • Any available counseling, rehabilitation, and employee assistance programs; and • Penalties that may be imposed upon employees for drug abuse violations.
3) Provide, as required by Government Code Section 8355(c), that every employee who works on the proposed project:
• Will receive a copy of the company's drug-free policy statement; and • Will agree to abide by the terms of the company's statement as a condition of employment on the project.
In addition to any other rights and remedies available to the CEC, failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both, and the Recipient may be ineligible for any future state awards if the CEC determines that any of the following has occurred: (1) the Recipient has made false certification, or (2) violates the certification by failing to carry out the requirements as noted above.
7. Americans With Disabilities Act
By signing this Agreement, the Recipient assures the CEC that it complies with the Americans with Disabilities Act (ADA) of 1990 (42 U.S.C. Section 12101, et seq.), which prohibits discrimination on the basis of disability, as well as applicable regulations and guidelines issued pursuant to the ADA.
8. Accounting and Audit
The Recipient will keep separate, complete, and correct accounting of the costs involved in completing the Agreement. The Recipient agrees that the CEC, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. The Recipient agrees to maintain such records for possible audit for a minimum of three (3) years after the Agreement ends in any way. The Recipient agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, the Recipient agrees to include a similar right of the CEC, the Bureau of State Audits, or their designated representative, to audit records and interview staff in any subcontract related to performance of this Agreement. These rights and responsibilities are in addition to and not restrictive of those in Section 16.
Access to Sites and Records.
9. Public Works
The Recipient is responsible for complying with all applicable laws, which can include public works requirements under the Labor Code. Recipient acknowledges acceptance of Agreement funds may trigger public works laws (Labor Code Section 1720 et seq.), a requirement of which is to pay prevailing
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wages, applying to its entire project. If the project is public works then it is subject to compliance monitoring and enforcement by the Department of Industrial Relations. By signing this Agreement, Recipient certifies that it shall comply with all applicable Public Works laws and requirements.
10. Intellectual Property
As between the Recipient and the CEC, the Recipient owns all intellectual property it or its subcontractors create under this Agreement. The CEC has a no-cost, non-exclusive, transferable, irrevocable, royalty-free, worldwide, perpetual license to use, publish, translate, modify, and reproduce all intellectual property, such as the products identified in Section 2. above, for governmental purposes the Recipient or its subcontractors create under this agreement. The Recipient shall include a provision securing these rights for the CEC in all of its subcontractor agreements related to performance of this Agreement.
11. Amendment
No amendment or variation of this Agreement shall be valid unless made in writing and signed by both the Recipient and CEC.
12. Governing Law
This Agreement is governed by the laws of the State of California as to interpretation and performance.
13. Independent Capacity
In the performance of this Agreement, Recipient and its agents, subcontractors, and employees will act in an independent capacity and not as officers, employees, or agents of the CEC or the State of California.
14. Severability
If any provision of this Agreement is unenforceable or held to be unenforceable, all other provisions of this Agreement will remain in full force and effect.
15. Waiver
No waiver of any breach of this Agreement constitutes waiver of any other breach. All remedies in this Agreement will be taken and construed as cumulative, meaning in addition to every other remedy provided in the Agreement or by law.
16. Access to Sites and Records
The Recipient shall provide during the Agreement and for at least 3 years after the Agreement ends in any way to the CEC or its representatives reasonable access to all project sites and to all records related to this Agreement. These rights and responsibilities are in addition to and not restrictive of those in Section 8. Accounting and Audit.
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17. Termination Without Cause
The CEC may terminate this Agreement without cause upon giving written notice to the Recipient. In this event, the Recipient will use all reasonable efforts to mitigate its expenses and obligations.
18. Third-Party Beneficiary
The Recipient shall in every subcontract under this Agreement include a provision indicating the CEC is a third-party beneficiary to the agreement.
19. Survival of Terms
The following terms survive this Agreement no matter how the agreement ends, such as by its own terms or via termination:
• 8. Accounting and Audit
• 9. Public Works
• 10. Intellectual Property
• 12. Governing Law
• 14. Severability
• 15. Waiver
• 16. Access to Sites and Records
• 18. Third-Party Beneficiary
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Exhibit C
CONTACT LIST
N
ovember 2022 Page 1 of 1 APP-22-045
City of Santa Ana
California Energy Commission Recipient
Commission Agreement Manager:
Adam Van Winkle
California Energy Commission
716 P Street, MS-45
Sacramento, CA 95814
Phone: (916) 477-1799
e-mail: [email protected]
P
roject Manager:
Mark Smith
City of Santa Ana – Planning and Building
Agency
20 Civic Center Plaza
Santa Ana, Ca, 92701
Phone: (714) 647-5845
e-mail: [email protected]
Confidential Deliverables/Products
California Energy Commission
Contracts, Grants, and Loans Officer
715 P Street MS-18
Sacramento, CA 95814
A dministrator:
Jason Kwak
City of Santa Ana – Planning and Building
Agency
20 Civic Center Plaza
Santa Ana. CA 92701
Phone: (714) 647-5866
e-mail: [email protected]
Invoices, Progress Reports and Non-
Confidential Deliverables to:
California Energy Commission
Accounting Officer
715 P Street MS-2
Sacramento, CA 95814
Email PDF of Payment Request invoice
packet to: [email protected]
Accounting Officer:
Chelsea Shafer
City of Santa Ana – Planning and Building
Agency
20 Civic Center Plaza
Santa Ana, Ca, 92701
Phone: (714) 647-5113
e-mail: [email protected]
Legal Notices:
Tatyana Yakshina
Grants Manager
715 P Street MS-18
Sacramento, CA 95814
Phone: (916) 827-9294
e-mail: [email protected]
R
ecipient Legal Notices:
Clerk of the Council
City of Santa Ana – Clerk of the Council
20 Civic Center Plaza
Santa Ana, Ca, 92701
Phone:
(714) 647-6520
e-mail: [email protected]
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Planning and Building Agency
www.santa-ana.org/planning-and-building
Item # 21
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
April 18, 2023
TOPIC: Ordinance Amendment No. 2023-02: License Requirements of Contractors and Subcontractors
AGENDA TITLE
First Reading of an Ordinance to Amend Section 8-6 of the Santa Ana Municipal Code (SAMC) Pertaining to License Requirements of Contractors and Subcontractors to Include the Collection and Disclosure of Information Regarding Pending or Prior Enforcement Actions for any State or Federal Labor Violations
RECOMMENDED ACTION
Conduct a first reading of Ordinance Amendment No. 2023-02 – An ordinance of the City Council of the City of Santa Ana amending Section 8-6 of the Santa Ana Municipal Code (SAMC) pertaining to license requirements of contractors and subcontractors to include the collection and disclosure of information regarding pending or prior enforcement actions for any state or federal labor violations.
EXECUTIVE SUMMARY AND DISCUSSION
At the regular meeting of March 7, 2023, the City Council discussed a goal of promoting transparency pertaining to fair labor and business practices by contractors in the construction industry. The City Council discussed and provided policy directions and directed staff to draft an ordinance to achieve the following objectives:
1. Require the disclosure of information regarding pending or prior enforcement actions for any state or federal labor violations in addition to information currently being required pertaining licensing and insurance information; and
2. Apply the new disclosure requirement only to projects involving 20 or more residential units or 20,000 or more square feet of commercial and industrial development.
The existing Section 8-6 (License requirements of contractors and subcontractors) of the SAMC requires the applicant of a building permit to provide verification of workers' compensation insurance, state contractor license and license category, City business license, and federal tax identification number for contractors and subcontractors working on a construction project within the City. The draft ordinance amends these requirements to include the disclosure of any pending or final adverse determinations for state or federal labor code violations and any paid penalties to a government agency related to the provisions of the California Labor Code within the prior five-year period.
The additional disclosures are applicable only to projects consisting of 20 or more residential units, or 20,000 or more square feet of commercial or industrial development.
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Ordinance Amendment No. 2023-02: License Requirements of Contractors and Subcontractors
April 18, 2023
3 3
8 8
As directed by the City Council, the draft ordinance establishes practical thresholds for when the information must be provided to not burden small projects and a reasonable applicable time period to promote and incentivize corrective labor practices and compliance with labor regulations.
ENVIRONMENTAL IMPACT
Pursuant to the California Environmental Quality Act (“CEQA”) and the CEQA Guidelines as amended, the adoption of this Ordinance is exempt from CEQA review pursuant to sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, as there is no possibility it will have a significant effect on the environment, and it is not a “project,” as defined in Section 15378 of the CEQA Guidelines.
FISCAL IMPACT
There is no direct fiscal impact associated with this action.
EXHIBIT(S)
1. Ordinance
Submitted By: Minh Thai, Executive Director of Planning and Building Agency Kathryn Downs, Executive Director of Finance and Management Services
Approved By: Kristine Ridge, City Manager
City Council
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Ordinance No. NS-XXX
ORDINANCE NO. NS-XXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA AMENDING SANTA ANA MUNICIPAL CODE
SECTION 8 -6 RELATING TO LICENSE REQUIREMENTS
OF CONTRACTORS AND SUBCONTRACTORS
WHEREAS, Section 8-6 of the Santa Ana Municipal Code provides that no person shall be issued a permit to perform work requiring a permit under the Code unless they are a licensed contractor or a representative thereof, among other things; and
WHEREAS, Section 8-6 further provides that at the time of permit issuance, the permit applicant must submit a list of all subcontractors and furnish for each subcontractor verification of workers’ compensation insurance, state contractor license and license category, city business license, and federal tax identification number; and
WHEREAS, the City wishes to expand the scope of these disclosures to include for each subcontractor any pending or final determinations for state or federal labor code violations within the prior 5 years, and make the same disclosures applicable only to projects involving 20 or more residential dwelling units or 20,000 or more square feet of commercial or industrial development; and
WHEREAS, these added disclosures are intended to recognize and promote the value of fair labor and business practices in these types of projects.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. The recitals above are each incorporated by reference and adopted as findings by the City Council.
Section 2. Section 8- 6 (License requirements of contractors and subcontractors) of Article I of Chapter 8 of the Santa Ana Municipal Code (Buildings and Structures) is hereby amended to read in its entirety as follows (new language underlined, deleted language in strikeout for tracking purposes only).
Sec. 8-6. License requirements of contractors and subcontractors.
(a) No person shall be issued a permit to perform work requiring a permit under this Code, unless they are:
(1) A licensed contractor;
(2) An employee, agent or authorized representative of a licensed contractor;
(3) A representative of an electronically subscribed service acting on behalf of a licensed contractor; or
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Ordinance No. NS-XXX
(4) The property owner performing their own work;
(5) An employee of the owner, provided that the owner shows evidence of workers’ compensation insurance required by state and city law, and their federal tax identification number.
(b) A person applying for a permit under this code to perform work on a project consisting of 20 or more residential dwelling units or 20,000 or more square feet of commercial or industrial development shall submit the following information at the time of permit issuance and prior to commencement of work:
(b) At the time of permit issuance, the applicant shall submit
(1) a list of all subcontractors and provide verification of each subcontractor's workers' compensation insurance, state contractor license and license category, city business license and federal tax identification number. No person shall contract or subcontract construction work without a valid contractor's license pursuant to applicable provisions of the state business and professions code.
(2) a disclosure of any pending or final determinations pertaining to state or federal labor code violations and any penalties paid to a government agency related to the provisions of the California Labor Code within the prior 5 years for all subcontractors.
(c) In the event that the applicant cannot provide a list of valid subcontractors and the information required above upon permit application, the applicant shall provide to the city, within a reasonable period of time after issuance of each permit but prior to commencement of any work pursuant to said permit, all information required by subsection (b). Failure to provide valid and current subcontractor listings prior to commencing work shall result in one or more of the following:
(1) Issuance of a Stop Work Order; and
(12) Revocation of any permit issued by the city; and
(23) The permit applicant paying a penalty for default to the city in an amount equal to the original permit fee for each violation in order to defray city costs of enforcement of this section prior to the issuance of any new permit.
(d) The information required by subsection (b) shall be required at the time when any new contractor or subcontractor is added to the permit.
(e) Any work performed prior to satisfying the requirements of this section shall be deemed performed without the required permits.
Section 3. The City Council finds and determines that this O rdinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections
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Ordinance No. NS-XXX
15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, as there is no possibility it will have a significant effect on the environment , and it is not a “ project,” as defined in Section 15378 of the CEQA Guidelines.
Section 4 . If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional.
Section 5
. This Ordinance shall become effective thirty (30) days after its adoption.
Section 6
. The Clerk of the Council shall certify the adoption of this ordinance and shall cause the same to be published as required by law.
A
DOPTED this _______ day of ___________, 2023.
_________________________
Valerie Amezcua
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:_________________________
John M. Funk
Chief Assistant City Attorney
AYES: Councilmembers ______________________________________
NOES: Councilmembers _______________________________________
ABSTAIN: Councilmembers _______________________________________
NOT PRESENT: Councilmembers _______________________________________
City Council
21 –
5 4/18/2023
Ordinance No. NS-XXX
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Jennifer L. Hall, City Clerk, do hereby attest to and certify the attached Ordinance No.
NS-____________ to be the original ordinance adopted by the City Council of the City of Santa Ana on _______________, and that said ordinance was published in accordance with the Charter of the City of Santa Ana.
Date: ________________ ____________________________________ City Clerk
City of Santa Ana
City Council
21 –
6 4/18/2023
Finance and Management Services
www.santa-ana.org/finance
Item # 22
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
April 18, 2023
TOPIC: Early Direction for Fiscal Year 2023-24 Budget Cycle AGENDA TITLE:
Early Direction for Fiscal Year 2023-24 Budget Cycle
RECOMMENDED ACTION
Provide early budget direction to staff for the upcoming fiscal year.
DISCUSSION
The discussion for this agenda item is the City Council’s opportunity to provide early budget direction for FY 2023-24. The staff presentation will include, at a minimum, the following topics:
•An early look at General Fund revenue, which is not expected to significantly increase from FY 2022-23
•An early look at the “Baseline” General Fund budget, defined as the recurring status-quo with no service level enhancements
•Efforts to gather public input
•Measure X Oversight Committee recommendations
•Cannabis Tax and Public Benefit Fund analysis
•Updated 10-year outlook for the General Fund
•The next steps in the budget process
Staff is currently in the midst of preparing the draft budget for FY 2023-24. The Budget Calendar includes City Council budget workshops on the regular agendas of May 2 and May 16. If the City Council wishes to have a dedicated budget workshop outside of the regular meeting schedule, staff has identified May 11 as the potential date.
FISCAL IMPACT
There is no fiscal impact associated with the recommendation.
Submitted By: Kathryn Downs, Executive Director Finance and Management Services Approved By: Kristine Ridge, City Manager
City Council
22 –
1 4/18/2023
Early Direction for Fiscal Year 2022-23 Budget Cycle
April 18, 2023
3 3
8 9
Exhibit: 1. Early Direction for FY 2023-24 City Budget Presentation
City Council
22 –
2 4/18/2023
EARLY BUDGET DIRECTION
FY 2023-24
City Council Meeting
April 18, 2023
Exhibit 1
Revised 4-12-23
City Council
22 –
3 4/18/2023
BUDGET CYCLE
City Council
22 –
4 4/18/2023
• Early budget information to Council
• Council direction only - no action
⚬ Provides staff with insight to build the
budget
⚬ Answer specific budget policy questions
PURPOSE OF EARLY DIRECTION
City Council
22 –
5 4/18/2023
ENGAGEMENT
TOOLS
• 13 Question Community Budget
Priorities Survey
⚬ Simulate: Respondents can
adjust current General Fund
spending
⚬ Prioritize: Respondents can
select and rank defined
projects and initiatives within
a budget
• Budget Engagement Simulation
Tool (Best)
Community Budget Forums
in all Council Wards
ENGAGEMENT
OPPORTUNITIES
Three Community-wide
events
Virtual forums with Youth
Planning Commission and
KidWorks
PUBLIC INPUT SOLICITATION
City Council
22 –
6 4/18/2023
MEASURE X
COMMITTEE
RECOMMENDATIONS
(Ranked)
• Inform homeless community members
about available services
• Address homelessness-related issues
• Coordination with surrounding cities and
County governments to address
homelessness
• More affordable housing
• Clean-up homeless encampments
MEASURE X
COMMITTEE
RECOMMENDATIONS
(Ranked)
MEASURE X
COMMITTEE
RECOMMENDATIONS
(Ranked)
MEASURE X
COMMITTEE
RECOMMENDATIONS
(Ranked)
MEASURE X
COMMITTEE
RECOMMENDATIONS
(Ranked)
INITIAL PUBLIC INPUT
To date we have received 796 responses from survey
and simulation tools. Trending responses shown here.
Invest in homeless-
reduction programs
Improve City parks
• City should acquire vacant lots, properties
to expand existing parks or create new
parks and dog parks
• Improvements to existing parks (cameras,
playground/recreation equipment)
• Regular playground maintenance
• Cameras and better lighting at parks to
enhance safety
Invest in crime-reduction
programs
• More gang prevention programs
• PAAL program expansion
• Fund afterschool and educational
programs for youth
Street Maintenance /
Traffic Improvements
• More frequent street maintenance
• Fill potholes
• Alternatives to traffic calming
• Repave alleys and city-owned
parking lots
• Sidewalks and pavement
maintenance
Library Investments
• Additional libraries
• After school programs
for youth
City Council
22 –
7 4/18/2023
FAVOR ONE-TIME
SPENDING FROM
MEASURE X REVENUE 1
CONSIDER PROGRAMS TO USE
COMMUNITY-BASED
PROFESSIONALS VS. SWORN
OFFICERS TO RESPOND TO NON-
VIOLENT POLICE CALLS
2 EXPLORE ESTABLISHING
A MEASURE X SUNSET
STABILIZATION FUND
3 PREPARE A LONG-TERM
PLAN TO PREPARE FOR
MEASURE X RATE
REDUCTION
4 SHIFT MEASURE X
REVENUE TO FIXING
STREETS
5 MEASURE X
COMMITTEE
RECOMMENDATIONS
6 INCREASE SALES TAX COMPLIANCE
FOR MOBILE FOOD VENDORS
THROUGH REGISTRATION AND
EDUCATION EFFORTS
City Council
22 –
8 4/18/2023
GENERAL FUND REVENUE EXPECTATIONS
Business License Tax
Sales Tax (40% of budget)
Assume flat for now until
more info available in May
• Used consultant’s “Most
Likely” Scenario
• Higher interest rates have
slowed car sales
• Continued global supply
chain challenges
• Concerns about future
recession
Proposed fee increase
of 4.1%
Based on the compensation
increase for staff providing
the services
All Other revenues may
increase by 3.8%
Some examples include
charges for services &
franchise fees
Property Tax (24% of budget)
• Prop 13 growth of 2% max
• Re-assessed values for
properties sold contributes
to the growth above 2%
• Sales activity has decreased
• City receives an average of
18.45% of the 1% assessment
Cannabis Tax
Assume reduction of $8M
for now, until more info
available in May
TOTAL ESTIMATED REVENUES OF $399.8 MILLION FOR FY 2023-24 - SUBJECT TO CHANGE
City Council
22 –
9 4/18/2023
FY 2023-24 BASELINE BUDGET
FY 2022-23 Adjusted Budget
- Removed One-time Items
+Full-time funding for items added in FY
2022-23 with partial funding
+Employee compensation increases (Step
Increases & Labor Agreements)
- Adjustments for Debt Payments
+Transfer to Pension Stabilization
+Adjustments for Overhead Allocations
+Fire & Ambulance contract increases
=Baseline Budget for FY2023-24
Estimated Recurring of $397.3 million
City Council
22 –
10 4/18/2023
UPDATED 10-YEAR OUTLOOK
Includes:
• Baseline Budget, before
adjustments
• Debt pay-offs
• Measure X rate decrease
⚬ 1.5% to 1.0% in 2029
• CPI increases FY24-25 and later
• OC Streetcar ops begin FY24-25
Does not include:
• Impact of potential future
recession
• New services
• Potential revenue increases from
new development
City Council
22 –
11 4/18/2023
Summary of the General Fund Balance
General Fund
Estimated Ending Balance at June 30, 2023,
adjusted for non-cash activities $101,495,809
Less 18% Reserve $(71,967,831)
Estimated Spendable Balance $29,527,978
Planned Additions to FY23-24 Budget:
Third & Broadway Development Contractual
Obligation $(13,000,000)
Right-of-way maintenance to cover Gas Tax
revenue reduction to preserve current
service levels
$(700,000)
Potential Special Elections $(1,000,000)
Climate Action Plan $(750,000)
Downtown Santa Ana Parking Subsidy $(1,862,320)
Estimated Available for One-Time Spending $12,215,658
City Council
22 –
12 4/18/2023
Event Spending
Should event funding be adjusted?
Most Recent
Actual
Estimated
Attendance Cost Per
Fourth of July $80,256 7,500 $10.70
Juneteenth $91,107 800 $113.88
Fiestas Patrias $297,620 60,000 $4.96
Egg Hunt $37,335 5,000 $7.47
Movies In the Park (13) $116,684 9,750 $11.97
Summer Concert Series (4) $42,336 2,400 $17.64
Birch Series (summer & fall movies, Shakespeare
in the Park) $31,835 2,700 $11.79
Indigenous Peoples Day $66,266 250 $265.06
Chicano Heritage $65,609 6,000 $10.93
Winter Village $896,147 35,000 $25.60
Autumn Festival $42,967 3,500 $12.28
5K $59,958 821 $73.03
City Council
22 –
13 4/18/2023
UNFUNDED EMPLOYEE PENSION LIABILITY COST-
REDUCTION POLICY
“It shall be the City’s policy to consider an additional discretionary payment to reduce the unfunded pension liability during each annual budget process” Shall we add any discretionary payments from one-time money?
City Council
22 –
14 4/18/2023
UNFUNDED EMPLOYEE PENSION LIABILITY COST-
REDUCTION POLICY
City Council
22 –
15 4/18/2023
Cannabis Public Benefit Fund - Summary
Staff is in process of fine-tuning this budget, but we need more data from tax remittances after the rate reductions became effective January 1, 2023
City Council
22 –
16 4/18/2023
FY 2023-24 BUDGET UPDATES
New Rent Stabilization Program/Fee/Fund - FY 2023-24
budget will include a new fund for Rent Stabilization. To be funded with a new fee to cover staff costs of
operating the program, including legal, housing and
administration. Community Development will bring an
item to Council by June.
Civic Center Modernization – City will receive $9 million from the state for Modernization of the Civic Center. This grant will be used for acquisition of the state building and related costs.
Receipt of the funding enables us to fulfill Senator
Umberg’s request to provide $1.5 million of direct
assistance to downtown businesses.
City Council
22 –
17 4/18/2023
OPIOID SETTLEMENTS PAYMENTS
Santa Ana may receive
a total of $11.4 million,
with a large share
being received over a
period of 7 years and
the reaming over 18
Years
Total Funding
To date, we have
received $1,128,302
Total Received
• Purchase Naloxone or
similar
• Medication-assisted and
other opioid related
treatment
• Treatment for pregnant
& postpartum women
• Treatment for neonatal
abstinence syndrome
• Warm hand-off and
recovery programs
• Treatment for those
incarcerated
• Prevention programs
The money is restricted to treatment and
prevention programs, with priority given to:
• Prevention
programs
• Syringe service
programs
• Data collection and
analysis of
effectiveness of
abatement
strategies
Would City Council like to provide direction for spending preferences?
City Council
22 –
18 4/18/2023
Next Steps
• Council work sessions
during regular meetings
on May 2 and May 16
• Optional dedicated
workshop on May 11
• Draft budget and CIP
presentations
• Continue gathering
public input
• Complete internal
process and develop
recommendations
City Council
22 –
19 4/18/2023
QUESTIONS?
City Council
22 –
20 4/18/2023
City Manager’s Office
www.santa-ana.org/city-managers-office
Item # 23
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
April 18, 2023
TOPIC: Resolution Declaring the Termination of Local Emergency Regarding the COVID- 19 Pandemic
AGENDA TITLE
Resolution Declaring the Termination of Local Emergency Regarding the COVID-19 Pandemic
RECOMMENDED ACTION
Adopt a resolution declaring the termination of the proclamation of local emergency relating to COVID-19.
DISCUSSION
On March 17, 2020, the City Council adopted a resolution proclaiming a local emergency in response to the COVID-19 pandemic pursuant to Santa Ana Municipal Code Section 2-646. The City’s proclamation of a local emergency assisted in a cross- jurisdictional response, as well as supported recovery measures, both of which coordinated public services to respond to the emergency and mitigated the adverse effects of the pandemic on residents. In addition to ordering the closure of City facilities, such as City Hall, park amenities, community centers, and more, the City Council authorized the City Manager, as the Director of Emergency Services, to enact orders and regulations necessary to protect the health and welfare of the community. Under the leadership of the City Council and as a response to the pandemic, the Director of Emergency Services issued several executive orders to implement policies, such as an eviction moratorium for residential and commercial tenants, temporarily postponing administrative hearings and deadlines, stopping all water service disconnections, and expanding outdoor dining for businesses.
Twice, the City Council took action to allocate federal funds for COVID-19 response and recovery initiatives. First, on August 4, 2020, the City Council allocated $28.6 million in federal money for the Santa Ana Cares program, a massive effort to provide financial and health assistance to community members adversely affected by the pandemic. By December 31, 2020, the City had distributed the following:
•$4,689,415 in business grants to 440 Santa Ana businesses
City Council
23 –
1 4/18/2023
Resolution Declaring the Termination of Local Emergency Regarding the COVID-19 Pandemic
April 18, 2023
3 3
9 1
•$2,985,239 in housing assistance grants for landlords and tenants •$928,500 in utility assistance grants to 1,857 Santa Ana households •$480,000 in artist grants to Santa Ana-based artists and art organizations •$220,500 in childcare grants to 221 families
•$122,580 in isolation assistance for 81 Santa Ana households with a COVID-19 diagnosis
•Over 35,000 COVID-19 tests for at-risk populations
•Over 300,000 face masks and other supplies at 121 Santa Ana neighborhoods and parks
Second, on July 20, 2021, the City Council allocated the first of a total of $128 million of federal American Rescue Plan Act (“ARPA”) funding to continue to respond to and recover from the pandemic. Referred to as Revive Santa Ana, these funds have supported a series of COVID-19 recovery initiatives, including food distributions, direct financial assistance to residents, improvements to our public infrastructure including new park restrooms, a variety of youth programs, and more. Revive Santa Ana is broken down into five expenditure categories: City Fiscal Health, Public Health and Safety, Critical Infrastructure, Recovery from the Pandemic, and Direct Assistance Programs. Specifically, the following amounts were allocated to each expenditure category:
•City Fiscal Health: $16,250,000
•Public Health and Safety: $32,062,600
•Critical Infrastructure: $53,550,000
•Recovery from the Pandemic: $8,750,000
•Direct Assistance Programs: $17,687,400
Revive Santa Ana is on-going; progress updates are available on the City’s website:
www.santa-ana.org/departments/revive.
Since the beginning of the pandemic, the City of Santa Ana has experienced 93,307 total cases of COVID-19, with 1,172 deaths attributed by COVID-19.
At the state level, Governor Gavin Newsom ended the State’s COVID-19 State of Emergency on February 28, 2023. At the federal level based on current COVID-19 trends, the U.S. Department of Health and Human Services (HHS) is planning for the federal Public Health Emergency for COVID-19, declared under Section 319 of the Public Health Service (PHS) Act, to expire at the end of the day on May 11, 2023.
As the spread of COVID-19 has decreased locally, statewide, and nationwide, and considering that the resources required to successfully respond to pandemic are now readily available, staff has determined that there is no longer a need to continue the declaration of local emergency. Accordingly, staff recommends that the City Council adopt a resolution terminating the local emergency, effective April 18, 2023.
City Council
23 –
2 4/18/2023
Resolution Declaring the Termination of Local Emergency Regarding the COVID-19 Pandemic
April 18, 2023
3 3
9 1
FISCAL IMPACT
There is no fiscal impact associated with this action.
EXHIBIT(S)
1. Resolution
Submitted By: Kristine Ridge, City Manager
Approved By: Kristine Ridge, City Manager
City Council
23 –
3 4/18/2023
RESOLUTION 2023-XXX
A RESOLUTION OF THE SANTA ANA CITY COUNCIL DECLARING THE TERMINATION OF
THE PROCLAMATION OF A LOCAL EMERGENCY REGARDING THE CORONAVIRUS (COVID-19) PANDEMIC
WHEREAS, on January 31, 2020, the United States Department of Public Health and Human Services Secretary Alex Azar declared a public h ealth e mergency for COVID -19 beginning on January 27, 2020; and
WHEREAS, t he World Health Organization declared the Coronavirus (COVID -19) outbreak a public h ealth e mergency of i nternational co ncern on January 30, 2020, and a pandemic on March 11, 2020; and
WHEREAS, on February 26, 2020, the County of Orange declared a local emergency and a local health emergency to prepare for COVID-19 in the event of a COVID-19 outbreak in Orange County; and
WHEREAS, on March 4, 2020, Governor Newsom declared a state of emergency related to COVID-19; and
WHEREAS, on March 13, 2020, t he President o f the Unit ed States decl ared a n ational emergency in response to COVID-19; and
WHEREAS, a local emergency, as defined by section 2-643 of the Santa Ana Municipal Code and by California Emergency Services Act Section 8558(c), may be proclaimed upon conditions of disaster or extreme peril, existing or imminently likely, so as to threaten lives and property, and by reason of its m agnitude is or is likely to be beyond the control of the available services, personnel, equipment and facilities of the city; and WHEREAS, o n March 17, 2020, the Santa Ana City Council adopted a resolution (Resolution No. 2020- 016) proclaiming a local emergency due to the conditions or threatened conditions of COVID-19 in the City of Santa Ana, which constitutes an extreme peril of health and safety of persons within the territorial limits of the City and specified that the l ocal emergency shall be deemed to continue to exist until its termination is proclaimed by the City Council; and WHEREAS, during the l ocal emergency, the City Manager, acting as the Director of Emergency Services, was delegated the authority to, among other responsibilities, promulgate ordinances, orders or regulations necessary to provide for the protection of life and property; and WHEREAS, d uring t he local e mergency, th e City M anager, act ing as t he Director of Emergency Services issued various orders associated with the local emergency declaration; and WHEREAS, the City of Santa Ana’s Finance and Management Services Agency submitted to the City Council at regularly scheduled meetings of the City Council quarterly reports of contracts executed by the City Manager; these quarterly reports included contracts entered Resolution No. 2023-XXX
City Council
23 –
4 4/18/2023
Resolution No. 2023-XXX
into by the City Manager, acting as the Director of Emergency Services, as delegated in the local emergency proclamation; and
WHEREAS, o n May 21, 2021, the California Department of Public Health announced that the State of California will move beyond the Blueprint for a Safer Economy, whereby all sectors listed in the current Blueprint Activities and Business Tiers Chart may return to usual operations, with limited exceptions for m ega events that include 5,000 or more attendees for indoor events and 10,000 or more attendees for outdoor events; and
WHEREAS, on June 15, 2021, the California Department of Public Health issued an order terminating the Stay-at-Home Order, replacing the Blueprint for a Safer Economy, and reopening the economy; and
WHEREAS, on February 28, 2023, Governor Gavin Newsom issued a proclamation terminating the State of California’s emergency declaration; and WHEREAS, President Biden has announced that the federal government will lift the na tional emergency and public health declarations on May 11, 2023; and WHEREAS, p ursuant to Section 2-646 of the Santa Ana Municipal Code, the City Council shall proclaim the termination of the local emergency at the earliest possible date that conditions warrant; and
WHEREAS, u pon termination of the local emergency, any such rules, regulations, orders and directives or suspensions thereof prepared under the proclamation of local emergency shall terminate and have no further force or effect; and
WHEREAS, the City Manager, acting as the Director of Emergency Services, recommends that the proc lamation of local emergency be terminated due to the fact the circumstances necessitating the declaration of the local emergency no longer exist; and WHEREAS, pursuant to Government Code section 8630, the City Council has review ed the need for continuing the local emergency and has determined that conditions no longer support continuing the local emergency.
NOW, THEREFORE, BE IT R ESOLVED that the City Co uncil of the C ity of S anta Ana hereby finds, determines, and declares as follows:
S
ection 1. The above recitals are true and correct and incorporate herein.
S
ection 2. Pursuant to Santa Ana Municipal Code Section 2- 646, the City Council declares the termination of the proclamation of local emergency relating to COVID-19.
S
ection 3. The Santa Ana City Council hereby repeals Resolution No. 2020-016.
City Council
23 –
5 4/18/2023
Resolution No. 2023-XXX
Section 4. A ny such rules, regulations, orders and directives or suspensions thereof prepared under the proclamation of local emergency shall terminate and have no further force or effect.
Sec
tion 5. This Resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall attest to and certify the vote adopting this Resolution.
ADO
PTED this ____ day of April, 2023.
Val erie Amezcua
Mayor
APPRO
VED AS TO FORM:
Sonia R. Carvalho
City Attorney
By:
L aura A. Rossini
Chief Assistant City Attorney
AYES:
Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
CE
RTIFICATE OF ATTESTATION AND ORIGINALITY
I, Jen
nifer L. Hall, City Clerk, do hereby certify the attached Resolution No. 2023 -XXX to be the original resolution adopted by the City Council of the City of Santa Ana on _____________________, 2023.
Date:
Jennifer L. Hall
City Clerk
City of Santa Ana
City Council
23 –
6 4/18/2023
City Manager’s Office
www.santa-ana.org/city-managers-office
Item # 24
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
April 18, 2023
TOPIC: Resolution Opposing Assembly Bill 742
AGENDA TITLE
Resolution Declaring Opposition to Assembly Bill 742 (Jackson)
RECOMMENDED ACTION
Adopt a resolution declaring opposition to California Assembly Bill 742.
DISCUSSION
Introduction
On April 11, 2023, Mayor Amezcua requested that staff add the following agenda item to the April 18, 2023 City Council meeting: A Resolution of the City Council of the City of Santa Ana Opposing California Assembly Bill 742 (Jackson). Assembly Bill 742 involves a policy matter that is not specifically addressed within the City’s legislative priorities. However, the City Council may wish to consider taking a position on this bill as it would prohibit the use of an unleashed police canine by law enforcement to apprehend a person and any use of a police canine for crowd control. Staff from the City Manager’s Office prepared the attached resolution (Exhibit 1) for consideration by the City Council.
Summary of Assembly Bill 742
Assembly Bill 742 (“AB 742”) would prohibit the use of an unleashed police canine by law enforcement to apprehend a person, and any use of a police canine for crowd control. The bill would prohibit law enforcement agencies from authorizing any use or training of a police canine that is inconsistent with this bill.
Background and Existing Law
Existing law authorizes a peace officer to use reasonable force to effect the arrest, to prevent escape, or to overcome resistance of an individual. Existing law requires law enforcement agencies to maintain a policy on the use of force. Existing law also prohibits the use of kinetic energy projectiles or chemical agents by any law enforcement agency to disperse any assembly, protest, or demonstration, except in compliance with specified standards. According to the author’s fact sheet, the California
City Council
24 –
1 4/18/2023
Resolution Opposing Assembly Bill 742
April 18, 2023
3 3
9 2
Department of Justice Use of Force Data from 2021, injuries caused by police canines accounted for nearly 12 percent of cases that resulted in severe injury or death. The report also shows that 35 percent of those contacted by a canine were armed. The types of incidents with K-9 contact included “calls for service,” crimes in progress, pre- planned activities such as serving a warrant, and vehicle/pedestrian stops Status of Legislation
AB 742 was heard in the Assembly Public Safety Committee on March 21, 2023 and passed. The bill is currently being referred to the Assembly Appropriations Committee for their consideration.
FISCAL IMPACT
There is no fiscal impact associated with this action.
EXHIBIT(S)
1. Resolution
Submitted By: Kristine Ridge, City Manager
Approved By: Kristine Ridge, City Manager
City Council
24 –
2 4/18/2023
Resolution 2023-XXX
RESOLUTION 2023-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA OPPOSING CALIFORNIA ASSEMBLY BILL
742 (JACKSON)
WHEREAS, on February 13, 2023, California State Assemblymember Corey Jackson (D-Moreno Valley) introduced Assembly Bill 742 which, if adopted, would prohibit the use of police canines for apprehension and crowd control, as specified in the bill; and WHEREAS, the City of Santa Ana actively opposes Assembly Bill 742 and considers the proposed bill an uninformed and counter-productive attempt to eliminate a lawful, effective, and legitimate non-lethal force option throughout the State of California; and
WHEREAS, the City of Santa Ana promotes an acute understanding of the importance of de-escalation techniques and advocates for effective de- escalation tools, including the use and presence of police canines in appropriate situations; and WHEREAS, the City of Santa Ana advocates for and promotes the use of controlled and necessary non-lethal force options versus lethal force options when appropriate; and WHEREAS, the City of Santa Ana understands the incredible value of police canines and the invaluable non- lethal force option police canines provide for police officers in dangerous situations; and
WHEREAS, police canines provide an effective de- escalation tool and non- lethal force option for California law enforcement organizations.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Ana as follows:
Section 1. The City of Santa Ana hereby opposes Assembly Bill 742 and considers the proposed legislation irresponsible, counter-productive, and unnecessary.
Section 2. The City of Santa Ana urges the State Legislature of the State of California to oppose Assembly Bill 742.
Section 3. The City Council hereby authorizes the Mayor to sign a letter opposing Assembly Bill 742, and further directs staff to send a copy of this resolution and the letter of opposition to Assemblymember Jackson and other interested parties.
Section 4. This Resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall attest to and certify the vote adopting this Resolution.
City Council
24 –
3 4/18/2023
Resolution 2023-XXX
ADOPTED this ____ day of April, 2023.
___________________________
Valerie Amezcua
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By: ________________________
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Jennifer L. Hall, City Clerk, do hereby attest to and certify the attached Resolution No. 2023-___ to be the original Resolution adopted by the City Council of the City of Santa Ana on _____________, 2023.
Date: ___________________ ____________________________ City Clerk
City of Santa Ana
City Council
24 –
4 4/18/2023