| REGULAR OPEN MEETING - 5:45 p.m. (Immediately following the Closed Session Meeting) | CALL TO ORDER - MAYOR SARMIENTO |
COUNCILMEMBERS BACERRA, HERNANDEZ, LOPEZ, MENDOZA, PENALOZA AND PHAN |
PLEDGE OF ALLEGIANCE - MAYOR SARMIENTO |
INVOCATION - Vincent Barringer, Police Chaplain |
1. CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER MENDOZA to Alice Kao for her Outstanding Contributions to the Community. |
1. COVID-19 Update in the Community |
CLOSED SESSION REPORT - The City Attorney will report items to be added to Consent Calendar Item 19A from the Closed Session meeting. |
| PUBLIC COMMENTS - Public comments will be held during the beginning of the meeting for ALL comments on agenda and non-agenda items, except for public hearings. Comments for public hearings will take place after the hearing is opened. In accordance with California Governor's Executive Order N-29-20 regarding the Brown Act and guidance from the California Department of Public Health on gatherings, please note the following: |
To provide public comments, submit via email to [email protected] by 4:00 p.m. on Council meeting Tuesday; OR |
To provide a comment during the meeting via Zoom, go to https://us02web.zoom.us/j/315965149 or call: (669) 900-9128, Meeting ID: 315 965 149#. The public can begin joining the speaker queue by 5:00 p.m. |
Once a caller has entered the meeting, the caller will be placed in a holding queue. After the Clerk confirms the last three digits of callers phone number and unmutes them, the caller must press *6 to speak or unmute their device. |
ORDINANCES/SECOND READING - In the event a Councilmember recorded an "abstention" before consideration of the following ordinance(s) on first reading, such abstention will also be reflected in the minutes for second reading. |
| 11A. ADOPT ORDINANCE NO. NS-XXXX - AN ORDINANCE OF THE CITY COUNCIL APPROVING AMENDMENT APPLICATION NO. 2020-04 MODIFYING THE SUB-ZONING DESIGNATION OF THE PROPERTIES LOCATED AT 501, 507, 509, 515, AND 519 EAST FOURTH STREET AND THOSE AT 502, 506, 510, 514, 520 EAST FIFTH STREET FROM SPECIFIC DEVELOPMENT NO. 84, URBAN NEIGHBORHOOD 2 (UN-2) SUB-ZONE, TO THE URBAN CENTER (UC) SUB-ZONE – Planning and Building Agency Placed on first reading at the December 1, 2020 City Council meeting and approved by a vote of 5-0 (Pulido and Sarmiento abstained). Published in the Orange County Reporter on December 4, 2020. |
| 11B. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 2020-02 REZONING THE PROPERTIES LOCATED AT 4310, 4314, 4318, 4322, 4326 AND 4330 WEST FIFTH STREET; 113, 117, 121, 201, 203, 207, 211, 221, 223, 225, 227, 229, 231, 233, 235, 237, 239, 241, 243, 245, 247, 301 AND 305 NORTH MOUNTAIN VIEW STREET; AND 4311 WEST FIRST STREET ? Planning and Building Agency
Placed on first reading at the December 1, 2020 City Council meeting and approved by a vote of 6-0 (Pulido abstained). Published in the Orange County Reporter on December 4, 2020. |
BOARDS / COMMISSIONS / COMMITTEES |
13A. APPOINT MARK MCLOUGHLIN NOMINATED BY COUNCILMEMBER BACERRA TO THE PLANNING COMMISSION AS THE WARD 4 REPRESENTATIVE FOR A PARTIAL-TERM EXPIRING DECEMBER 13, 2022 - Clerk of the Council Office |
13B. APPOINT JANELLE MCLOUGHLIN NOMINATED BY THE SANTA ANA CHAMBER OF COMMERCE TO THE ENVIRONMENTAL AND TRANSPORTATION ADVISORY COMMISSION (ETAC) AS THE SANTA ANA CHAMBER OF COMMERCE REPRESENTATIVE FOR A TERM EXPIRING JANUARY 5, 2025. |
MISCELLANEOUS ADMINISTRATION |
19A. CONFIRMATION OF CLOSED SESSION ACTION(S) – City Attorney’s Office |
19B. EXCUSED ABSENCES – Clerk of the Council Office |
APPROPRIATION ADJUSTMENTS |
| 20A. APPROVE APPROPRIATION ADJUSTMENT TO RECOGNIZE $2,803,706 IN PERMANENT LOCAL HOUSING ALLOCATION PROGRAM FUNDS AND AGREEMENT WITH THE STATE OF CALIFORNIA (NON-GENERAL FUND) - Community Development Agency |
1. Approve an appropriation adjustment. (Requires five affirmative votes). APPROPRIATION ADJUSTMENT NO. 2021-101 - Recognizing $2,803,706 in funds from the State of California, in revenue account and appropriate the same amount to expenditure account to address homelessness in the City of Santa Ana. |
2. Authorize the City Manager to execute the standard agreement with the State of California Department of Housing and Community Development to receive Permanent Local Housing Allocation funds in the amount of $2,803,706, subject to non-substantive changes approved by the City Manager and City Attorney (Agreement No. A-2020-XXX). |
| 20B. APPROVE APPROPRIATION ADJUSTMENTS RECOGNIZING HOUSING ASSISTANCE PAYMENTS IN THE AMOUNTS OF $1,127,700 FOR THE HOUSING CHOICE VOUCHER PROGRAM, $1,231,722 FOR THE MAINSTREAM VOUCHER PROGRAM, AND $344,259 FOR FOSTER YOUTH TO INDEPENDENCE VOUCHERS (NON-GENERAL FUND) - Community Development Agency |
1. APPROPRIATION ADJUSTMENT NO. 2021-097 – Recognizing additional Housing Choice Voucher Program Housing Assistance Payments funds in the amount of $1,127,700 in revenue account and appropriating same to expenditure account. |
2. APPROPRIATION ADJUSTMENT NO. 2021-098 – Recognizing additional Mainstream Voucher Program Housing Assistance Payments funds in the amount of $1,231,722 in revenue account and appropriating same to expenditure account. |
3. APPROPRIATION ADJUSTMENT NO. 2021-096 – Recognizing additional Foster Youth to Independence Voucher Housing Assistance Payments funds in the amount of $344,259 in revenue account and appropriating same to expenditure account. |
| 20C. APPROVE AN APPROPRIATION ADJUSTMENT AND THIRD AMENDMENT TO AGREEMENT WITH DOWNTOWN INC. IN THE AMOUNT OF $400,000 TO PROVIDE CLEAN AND SAFE PROGRAM FOR DOWNTOWN SANTA ANA (NON-GENERAL FUND) - Community Development Agency |
1. Approve an appropriation adjustment. (Requires five affirmative votes). APPROPRIATION ADJUSTMENT NO. 2021-103 - Recognizing $500,000 from the sale of the YMCA property at 203-205 W. Civic Center Drive in the General Fund Miscellaneous Revenue, Sale of Land account and transferring $400,000 of this revenue to the Parking Enterprise Downtown Enhancements, Contract Services expenditure account for the agreement with Downtown Inc. |
2. Authorize City Manager to execute a Third Amendment to the Downtown Clean and Safe Program Services Agreement with Downtown Inc. for cleaning services of the Downtown Santa Ana area and a reduction of security guard services in the agreement amount of $400,000 for the period of January 1, 2021 through December 31, 2021, subject to non-substantive changes approved by the City Manager and City Attorney (Agreement No. A-2020-XXX). |
| 20D. APPROVE AN APPROPRIATION ADJUSTMENT AND APPROVE A FIRST AMENDMENT TO THE AGREEMENT WITH INFOSEND, INC. FOR A TOTAL 2020-21 FISCAL YEAR AMOUNT NOT TO EXCEED $750,000 (GENERAL FUND AND NON-GENERAL FUND) - Finance and Management Services Agency, Public Works Agency and City Manager's Office |
1. Approve an appropriation adjustment. (Requires five affirmative votes). APPROPRIATION ADJUSTMENT NO. 2021-099 - Recognizing $310,500 of prior year fund balance in the Water Quality, Prior Year Carry Forward revenue account, and appropriate the same amount in Water Quality, Contract Services Professional, to accommodate the added expenditures for FY 2020-21. |
2. Authorize the City Manager to execute a first amendment to the agreement with InfoSend, Inc. (“InfoSend”) for printing, processing, and mailing, and electronic bill presentment services to update the scope of services, a provision for a six (6) month extension period beginning January 1, 2021 through June 30, 2021, and increases in the total budgeted amounts of $200,000 for FY 2020-21, by a net amount of $550,000, for a new total amount not to exceed $750,000, subject to non-substantive changes approved by the City Manager and City Attorney (Agreement No. A-2020-XXX). |
| 20E. APPROVE APPROPRIATION ADJUSTMENT AND AWARD A CONSTRUCTION CONTRACT TO ALL AMERICAN ASPHALT IN THE AMOUNT OF $1,967,436 FOR THE BRISTOL STREET PROTECTED BIKE LANES FROM EDINGER AVENUE TO FIRST STREET PROJECT WITH AN ESTIMATED TOTAL DELIVERY COST OF $2,696,777 (PROJECT NO. 18-6908) (NON-GENERAL FUND) - Public Works Agency |
1. Approve an appropriation adjustment. (Requires five affirmative votes). APPROPRIATION ADJUSTMENT NO. 2021-100 – Recognizing $2,102,777 in Fiscal Year 2017-18 Bicycle Corridor Improvement Program (BCIP) construction funding in the Select Street Construction, Federal Grant-Indirect revenue account and appropriate same in the Fiscal Year 2020-21 Select Street Construction, Improvements Other Than Building expenditure account. |
2. Award a construction contract to All American Asphalt, the lowest responsible bidder, in accordance with the base bid in the amount of $1,967,436, for construction of the Bristol Street Protected Bike Lanes from Edinger Avenue to First Street Project, for the term beginning December 15, 2020, and ending upon project completion, and authorize the City Manager to execute the contract subject to non-substantive changes approved by the City Manager and the City Attorney. |
3. Approve the Project Cost Analysis for a total estimated construction delivery cost of $2,696,777, which includes $1,967,436 for the construction contract; $296,000 for contract administration, inspection and testing; and a $433,341 project contingency for unanticipated or unforeseen work. |
SPECIFICATIONS - PURCHASE OF EQUIPMENT AND SERVICES |
| 22A. AWARD A PURCHASE ORDER IN AN AMOUNT NOT TO EXCEED $229,075 TO PB LOADER CORPORATION FOR ONE COMPRESSED NATURAL GAS DUMP TRUCK (SPECIFICATION NO. 20-141) (NON-GENERAL FUND) -Finance and Management Services Agency and Public Works Agency |
| 22B. AMEND PURCHASE ORDER WITH FAIRWAY FORD SALES, INC. FOR TWELVE FORD POLICE INTERCEPTOR VEHICLES IN THE AMOUNT OF $494,207.79 (SPECIFICATION NO. 19-135) (NON-GENERAL FUND) - Finance and Management Services Agency, Police Department and Public Works Agency |
| 25A. APPROVE SUBSCRIPTION AGREEMENT WITH LEXISNEXIS FOR LEGAL RESEARCH SERVICES IN AN AMOUNT NOT TO EXCEED $58,098.60 (GENERAL FUND) – City Attorney’s Office |
| 25B. APPROVE AGREEMENTS WITH DYNAMIC VIDEOS COMMUNICATIONS, VIDEO ENGINEERING SERVICES, AND IPTV INTERNATIONAL INC. DBA TV PRO GEAR FOR CITY COUNCIL MEETING VIDEO PRODUCTION AND OTHER AS-NEEDED VIDEO SERVICES IN A TOTAL AGGREGATE AMOUNT NOT TO EXCEED $600,000 (GENERAL FUND) – City Manager’s Office |
| 25C. AUTHORIZE A PURCHASE AGREEMENT IN THE AMOUNT OF $35,000 FOR REAL PROPERTY ACQUISITION FOR WARNER AVENUE IMPROVEMENTS PHASE 2 (PROPERTY OWNER: WARNER INDUSTRIAL, LLC) (PROJECT NO. 18-6901) (NON-GENERAL FUND) – Public Works Agency |
| 25D. APPROVE AGREEMENTS WITH MONUMENT ROW, OVERLAND PACIFIC & CUTLER, THE ROW COMPANY, AND CLARK LAND RESOURCES, INC., FOR ON-CALL RIGHT-OF-WAY ACQUISITION SERVICES IN AN AGGREGATE AMOUNT NOT TO EXCEED $550,000 FOR UP TO A FIVE-YEAR TERM (NON-GENERAL FUND) – Public Works Agency |
| 25E. APPROVAL OF SECOND AMENDMENT TO AGREEMENT WITH AVOLVE SOFTWARE CORPORATION FOR THE PURCHASE AND IMPLEMENTATION OF PROJECTDOX ELECTRONIC PLAN SUBMITTAL SOFTWARE TOTAL NOT TO EXCEED $629,215 (GENERAL FUND AND NON-GENERAL FUND) – Planning and Building Agency, Public Works Agency and Information Technology Department |
| 39A. APPROVE RENAMING OF THE KIWANIS BARRIER FREE PLAYGROUND AT CARL THORNTON PARK TO THE “GEORGE UPTON ALL ACCESS PARK” – Parks, Recreation and Community Services Agency |
| 55A. APPROVE A $3,170,547 LOAN AGREEMENT WITH LEGACY SQUARE LP FOR A 55-YEAR TERM FOR THE DEVELOPMENT OF THE LEGACY SQUARE AFFORDABLE HOUSING PROJECT; APPROVE A SUBORDINATION AGREEMENT WITH BANK OF AMERICA, N.A.; APPROVE A FUTURE SUBORDINATION AGREEMENT WITH STATE OF CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT; APPROVE A RESOLUTION APPROVING THE ISSUANCE OF BONDS (NON-GENERAL FUND) - Community Development Agency |
1. Authorize the City Manager to execute a loan agreement with Legacy Square LP (c/o National Community Renaissance of California) for $3,170,547 in inclusionary housing funds for the development of the Legacy Square affordable housing project located at 609 N. Spurgeon Street, Santa Ana, CA 92701, subject to non-substantive changes approved by the City Manager and City Attorney (Agreement No. A-2020-XXX). |
2. Authorize the City Manager to execute a subordination agreement with Bank of America, N.A., for the City’s inclusionary housing loan agreement with Legacy Square LP, subject to non-substantive changes approved by the City Manager and City Attorney (Agreement No. A-2020-XXX). |
3. Authorize the City Manager to execute a future subordination agreement with the State of California Department of Housing and Community Development, for the City’s inclusionary housing loan agreement with Legacy Square LP, after the Legacy Square affordable housing project is complete, subject to non-substantive changes approved by the City Manager and City Attorney (Agreement No. A-2020-XXX). |
4. Resolution No. 2020-XXX - Adopt a resolution approving the issuance of revenue bonds by the California Statewide Communities Development Authority in an amount not to exceed $40,000,000 for the purpose of financing the acquisition, construction, improvement, and equipping of the Legacy Square affordable housing project located at 609 N. Spurgeon Street, Santa Ana, CA 92701. |
| 55B. ADOPT A RESOLUTION AMENDING THE CLASSIFICATION AND COMPENSATION PLAN TO CREATE ONE PART-TIME JOB CLASSIFICATION AND AMEND THE ANNUAL BUDGET TO RECLASSIFY TWO POSITIONS IN THE PUBLIC WORKS AGENCY AND ADD ONE POSITION IN THE POLICE DEPARTMENT - Human Resources Department, Public Works Agency and Police Department |
1. Adopt a resolution. Resolution No. 2020-XXX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO AMEND RESOLUTION NO. 2015-026 TO EFFECT CERTAIN CHANGES TO THE CITY’S BASIC CLASSIFICATION AND COMPENSATION PLAN AND TO AMEND THE CURRENT ANNUAL BUDGET FOR FISCAL YEAR 2020-2021 |
2. Amend the City’s Fiscal Year 2020-21 Annual Budget to reallocate two vacant, full-time positions in the Public Works Agency to different job classification titles. |
3. Amend the City’s Fiscal Year 2020-21 Annual Budget to enhance the Police Department budget by one position. |
| 55C. ADOPT A RESOLUTION ACCEPTING THE DONATION OF TWO POLICE K-9 VESTS FROM SOUTH COAST COLLEGE FOR THE SANTA ANA POLICE DEPARTMENT – Police Department |
| 55D. ADOPT A RESOLUTION APPROVING THE WATER SUPPLY ASSESSMENT FOR THE 4TH AND CABRILLO MIXED-USE PROJECT LOCATED AT 1801 EAST FOURTH STREET – Public Works Agency |
| 55E. RESOLUTION TO ADOPT AND APPROVE FOR SUBMISSION THE FISCAL YEAR 2019-20 MEASURE M2 YEAR-END EXPENDITURE REPORT TO CONTINUE RECEIVING COMPREHENSIVE TRANSPORTATION FUNDING PROGRAM GRANTS ANNUALLY - Public Works Agency |
| 65A. APPROVE THE ANNUAL CALENDAR OF REGULAR CITY COUNCIL MEETINGS FOR 2021 - Clerk of the Council Office |
1. Review calendar of regularly scheduled City Council Meetings in 2021. |
2. Cancel the regularly scheduled City Council meeting for January 5, 2021 and August 3, 2021. |
3. Direct staff to post Notice of Cancellation(s). The City Council hereby waives notice of said meetings as required by the government code. |
| 65B. BIENNIAL REVIEW AND APPOINTMENT OF REGIONAL BOARD REPRESENTATIVES - Clerk of the Council Office |
1. Review the regional board appointment list and appoint members and alternates to serve as representatives to various outside agencies through December 2022 (or specific term where noted); and, |
2. Adopt a resolution designating and appointing a representative to the Orange County Fire Authority's Board of Directors, if necessary; and, |
3. Direct the Clerk of the Council to update and post the Fair Political Practices Commission (FPPC) Form 806 (Agency Report of Public Official Appointments) on the City's website. |
| 65C. APPROVE THE BUDGET CALENDAR FOR FISCAL YEAR 2021-2022 – Finance and Management Services Agency |
| 65D. ACCEPT INFORMATIONAL REPORT RELATING TO POLICE OVERSIGHT AND PROVIDE DIRECTION TO STAFF – City Manager’s Office |
PUBLIC COMMENTS - JOIN BY ZOOM BY GOING TO https://us02web.zoom.us/j/315965149 OR CALL: (669) 900-9128, MEETING ID: 315 965 149#. AFTER THE CLERK CONFIRMS THE LAST THREE DIGITS OF CALLERS PHONE NUMBER AND UNMUTES THEM, THE CALLER MUST DIAL *6 OR UNMUTE THEIR DEVICE TO SPEAK. CALLERS WILL BE PROMPTED TO SPEAK IN THE ORDER RECEIVED. |
| 75A. PUBLIC HEARING - 2021 DOWNTOWN BUSINESS IMPROVEMENT DISTRICT ASSESSMENT DEVELOPMENT - Community Development Agency Legal Notice published in the Orange County Reporter on December 4, 2020. |
1. Conduct a public hearing to consider all protests regarding the intention to levy an assessment for 2021 for the Downtown Santa Ana Business Improvement District. |
2. Review any written protests filed prior to the close of the public hearing and determine whether they constitute a majority protest. |
3. If the City Council determines that no valid majority protest was lodged, adopt a resolution confirming the assessment report, and levying the assessment for 2021. Resolution No. 2020-XXX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA LEVYING AN ASSESSMENT FOR THE DOWNTOWN SANTA ANA BUSINESS IMPROVEMENT DISTRICT FOR CALENDAR YEAR 2021 |
PUBLIC COMMENTS - JOIN BY ZOOM BY GOING TO https://us02web.zoom.us/j/315965149 OR CALL: (669) 900-9128, MEETING ID: 315 965 149#. AFTER THE CLERK CONFIRMS THE LAST THREE DIGITS OF CALLERS PHONE NUMBER AND UNMUTES THEM, THE CALLER MUST DIAL *6 OR UNMUTE THEIR DEVICE TO SPEAK. CALLERS WILL BE PROMPTED TO SPEAK IN THE ORDER RECEIVED. |
| 75B. PUBLIC HEARING - REGARDING THE ADOPTION OF A RESOLUTION APPROVING A MITIGATED NEGATIVE DECLARATION FOR THE SEPTIC TO GRAVITY SEWER CONVERSION PROJECT LOCATED NORTHEAST OF 17TH STREET AND TUSTIN AVENUE (NON-GENERAL FUND) - Public Works Agency Legal Notice published in the Orange County Reporter on December 4, 2020. |
JOINT SESSION OF THE CITY COUNCIL AND THE HOUSING AUTHORITY |
| 80A. RECEIVE AND FILE HOUSING SUCCESSOR ANNUAL REPORT FOR FY 2019-20 – LOW AND MODERATE INCOME HOUSING ASSET FUND |
COUNCIL AGENDA ITEMS - Pursuant to Santa Ana Charter Section 411, any member of the City Council may place items on the City Council Agenda to be considered by the City Council. Only action available to City Council is to provide direction to City Manager. |
| 85A. DISCUSS AND CONSIDER DIRECTING THE CITY MANAGER TO DIRECT STAFF TO PREPARE AND BRING BACK AN ORDINANCE THAT WILL REGULATE THE VARIOUS TYPES OF GROUP HOMES OPERATING IN OUR CITY – Mayor Pro Tem Penaloza and Councilmember Mendoza |
90A. CITY MANAGER’S COMMENTS |
90B. CITY COUNCILMEMBER COMMENTS |
ADJOURNMENT - The next regular meeting scheduled on January 5, 2021 to be canceled. The next meeting of the City Council will be held on Tuesday, January 19, 2021 at 5:00 p.m. for the Closed Session Meeting immediately followed by the Regular Open Business Meeting at 5:45 p.m. in the Council Chamber, 22 Civic Center Plaza, Santa Ana, California. |
2. Update to SB2 Zoning Ordinance |
3. Refinancing Pension Debt |
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