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City Council Meeting PacketFebruary 21, 2023CLOSED SESSION MEETING – 5:00 PMREGULAR OPEN MEETING – 5:45 PM (Immediately following the Closed Session Meeting)CITY COUNCIL CHAMBER22 Civic Center Plaza Santa Ana, CA 92701Valerie AmezcuaMayorThai Viet PhanCouncilmember – Ward 1 Benjamin VazquezCouncilmember Ward 2Jessie LopezMayor Pro Tem Ward 3 Phil BacerraCouncilmember Ward 4Johnathan Ryan HernandezCouncilmember Ward 5 David PenalozaCouncilmember Ward 6Mayor and Council telephone: 7146476900Agenda item inquiries: 7146476520Sonia R. CarvalhoCity Attorney Kristine RidgeCity Manager Norma OrozcoActing Clerk of the Council
<br />In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting,
<br />contact Michael Ortiz, City ADA Program Coordinator, at (714) 6475624. Notification 48 hours prior to the Meeting will enable
<br />the City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supporting
<br />documentation can be found on the City’s website – www.santaana.org/citymeetings.
<br />CITY VISION AND CODE OF ETHICS
<br />The City of Santa Ana is committed to achieving a shared vision for the organization and its
<br />community. The Vision, Mission and Guiding Principles (Values) are the result of a thoughtful
<br />and inclusive process designed to set the City and organization on a course that meets the
<br />challenges of today and tomorrow, as follows:
<br />Vision The dynamic center of Orange County which is acclaimed for our: Investment in
<br />youth • Safe and healthy community • Neighborhood pride • Thriving economic climate •
<br />Enriched and diverse culture • Quality government services
<br />Mission To deliver efficient public services in partnership with our community which ensures
<br />public safety, a prosperous economic environment, opportunities for our youth, and a high
<br />quality of life for residents.
<br />Guiding Principles Collaboration • Efficiency • Equity • Excellence • Fiscal Responsibility •
<br />Innovation • Transparency
<br />Code of Ethics and Conduct At the Special Municipal Election held on February 5, 2008,
<br />voters approved an amendment to the City Charter which established the Code of Ethics and
<br />Conduct for elected officials and members of appointed boards, commissions, and
<br />committees to assure public confidence. The following are the core values expressed: •
<br />Integrity • Honesty • Responsibility • Fairness • Accountability • Respect • Efficiency
<br />Members of the public may attend the City Council meeting inperson or join via Zoom. The
<br />City Council meeting will occur live via teleconference Zoom webinar. You may view the
<br />meeting from your computer, tablet or smart phone via YouTube LiveStream at
<br />www.youtube.com/user/SantaAnaLibrary or on CTV3, available on Spectrum channel 3.
<br />PUBLIC COMMENTS – Members of the public who wish to address the City Council on
<br />closed session items, items on the regular agenda or on matters which are not on the
<br />agenda, but are within the subject matter jurisdiction of the City Council may do so by one of
<br />the following ways:
<br />MAILING OPTION written communications – Public comments may be mailed to:
<br />Office of the Clerk of the Council, 20 Civic Center Plaza M30, Santa Ana, CA
<br />92701. All written communications received via mail by 3:00 p.m. on the day of the
<br />meeting will be distributed to the City Council and imaged into the City’s document
<br />archive system which is available for public review.
<br />SENDING EMAIL OPTION – Public comments may be sent via email to the City
<br />Clerk’s office at eComment@santaana.org. Please note the agenda item you are
<br />commenting on in the subject line of the email. All emails received before 3:00 p.m. on
<br />the day of the meeting will be distributed to the City Council and imaged into the City’s
<br />document archive system which is available for public review.
<br />LIVE VIRTUAL OPTION – Members of the public may provide live comments during
<br />the meeting by Zoom or Conference Call. To join by Zoom click on or type the following
<br />address into your web browser https://us02web.zoom.us/j/315965149. To join the
<br />Conference Call: Dial (669) 9009128 and enter MEETING ID: 315 965 149#. You will
<br />be prompted by the City Clerk when it is time for a: i) closed session item, ii)
<br />general agenda item, iii) public hearing item, iv) special agenda item, or v) for Housing
<br />Authority item. You may request to speak by dialing *9 from your phone or you may
<br />virtually raise your hand from Zoom. After the Clerk confirms the last three digits of the
<br />caller’s phone number or Zoom ID and unmutes them, the caller must press *6 or
<br />microphone icon to speak. Callers are encouraged, but not required, to identify
<br />themselves by name. Each caller will be provided three (3) minutes to speak, unless
<br />due to the number of speakers wanting to speak a decision is made to provide a
<br />different amount of time to speak.
<br />INPERSON OPTION Members of the public can provide inperson comments at the
<br />podium in the Council Chamber. The Council Chamber will have seating available for
<br />members of the public to attend the meeting inperson. Public comments are limited to
<br />three (3) minutes per speaker, unless a different time is announced by the presiding
<br />chair. Speakers who wish to address the Council must do so by submitting a
<br />“Request to Speak” card by 5:00 p.m. for Closed Session items and by 6:00 p.m.
<br />for all other designated public comment periods as listed below. Cards will not be
<br />accepted after the Public Comment Session begins without the permission of the
<br />presiding chair.
<br />The following designated public comment periods are:
<br />1. LIVE PUBLIC COMMENTS ON CLOSED SESSION ITEMS – You can provide live
<br />comments on closed session items by joining Zoom or the Conference Call as described in
<br />the LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will open
<br />at 4:30 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL BY 5:00 p.m.
<br />Speakers who are not in the speaker queue by 5:00 p.m. will not be permitted to speak.
<br />2. LIVE PUBLIC COMMENTS ON REGULAR AGENDA ITEMS AND NONAGENDA
<br />ITEMS (GENERAL PUBLIC COMMENT) – You can provide comments by joining Zoom or
<br />the Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTS
<br />OPTION above. Speaker queue will open at 4:30 p.m. YOU MUST JOIN ZOOM OR THE
<br />CONFERENCE CALL PRIOR TO 6:00 p.m. Speakers who are not in the speaker queue by
<br />6:00 p.m. will not be permitted to speak.
<br />About the Agenda
<br />To download or view the attachments (staff report and other supporting documentation) for
<br />each agenda item, you must select the agenda item to see the attachments to either open in
<br />a new link (the eyeball ) or download a pdf (the cloud symbol with the down arrow ).
<br />CLOSED SESSION
<br />CALL TO ORDER
<br />ATTENDANCE Council Members Phil Bacerra
<br />Johnathan Ryan Hernandez
<br />David Penaloza
<br />Thai Viet Phan
<br />Benjamin Vazquez
<br />Mayor Pro Tem Jessie Lopez
<br />Mayor Valerie Amezcua
<br />City Manager Kristine Ridge
<br />City Attorney Sonia R. Carvalho
<br />Clerk of the Council Norma Orozco
<br />ROLL CALL
<br />PUBLIC COMMENTS – Members of the public may address the City Council on Closed
<br />Session items.
<br />CLOSED SESSION ITEMS – The Brown Act permits legislative bodies to discuss certain
<br />matters without members of the public present. The City Council finds, based on advice from
<br />the City Attorney, that discussion in open session of the following matters will prejudice the
<br />position of the City in existing and anticipated litigation:
<br />1.CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section
<br />54957.6(a):
<br />Agency Negotiators: Human Resources Executive Director, Jason Motsick
<br />Employee Organizations:
<br /> Santa Ana Police Officers Association (POA)
<br /> Service Employees’ International Union (SEIU) FullTime Employees
<br /> Confidential Association of Santa Ana (CASA)
<br /> Santa Ana Management Association (SAMA)
<br />2.CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION pursuant to
<br />Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code:
<br />A. Micah’s Way v. City of Santa Ana, United States District Court, Case No. 8:23CV
<br />00183DOCKES
<br />B. City of Santa Ana v. Rim Pacific Investors Portofino, LLC, Orange County Superior
<br />Court, Case No. 30202101221615
<br />3.PUBLIC EMPLOYEE PERFORMANCE EVALUATION Pursuant to Government Code
<br />Section 54957
<br />Title: City Attorney
<br />CLOSED SESSION REPORT – The City Attorney will report on any action(s) to be taken at
<br />the Regular Open Session which will begin immediately following the Closed Session.
<br />RECESS – City Council will recess to Closed Session for the purpose of conducting regular
<br />City business.
<br />RECONVENE – City Council will reconvene to continue regular City business.
<br />CITY COUNCIL REGULAR OPEN SESSION
<br />CALL TO ORDER
<br />ROLL CALL
<br />PLEDGE OF ALLEGIANCE Mayor Amezcua
<br />WORDS OF INSPIRATION Pastor Tommy Cota
<br />CEREMONIAL PRESENTATIONS
<br />1.Proclamation presented by Mayor Amezcua to Olive Crest for 50 Years of Outstanding
<br />Contributions to the Community.
<br />2.Certificates of Recognition presented by Mayor Pro Tem Lopez and Councilmember
<br />Hernandez to Alexis “Lex” Rocha, John M. Raya and Coach Hector Lopez for
<br />Outstanding Contributions to the Community.
<br />STAFF PRESENTATIONS
<br />3.Homelessness Update
<br />4.Diemer Treatment Plant Tour Opportunity
<br />CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed
<br />Session.
<br />PUBLIC COMMENT – Public comments will be held during the beginning of the meeting for
<br />ALL comments on agenda and nonagenda items.
<br />CONSENT CALENDAR
<br />RECOMMENDED ACTION: Approve staff recommendations on the following
<br />Consent Calendar Items: 5 through 22.
<br />5.Excused Absences
<br />Department(s): Clerk of the Council
<br />Recommended Action: Excuse the absent members.
<br />6.Appoint Amalia Mejia Nominated by Councilmember Vazquez as the Ward 2
<br />Representative to the Community Development Commission for a FullTerm Expiring
<br />December 8, 2026
<br />Department(s): Clerk of the Council Office
<br />Recommended Action: Appoint Amalia Mejia to the Community Development
<br />Commission as the Ward 2 representative and administer Oath of Office.
<br />7.Appoint Darlene Perez Nominated by Councilmember Phan as the Ward 1
<br />Representative to the Santa Ana 2018 Measure X Citizen Oversight Committee for a
<br />PartialTerm Expiring December 10, 2024
<br />Department(s): Clerk of the Council Office
<br />Recommended Action: Appoint Darlene Perez to the Santa Ana 2018 Measure X
<br />Citizen Oversight Committee as the Ward 1 representative and administer Oath of
<br />Office.
<br />8.Appoint Ronnie Harrell Nominated by Councilmember Bacerra as the Ward
<br />4 Representative to the Police Oversight Commission for a FullTerm Expiring
<br />December 8, 2026
<br />Department(s): Clerk of the Council Office
<br />Recommended Action: Appoint Ronnie Harrell to the Police Oversight Commission
<br />as the Ward 4 representative and administer Oath of Office.
<br />9.Appoint Danny Vega Nominated by Mayor Amezcua as the Mayoral Representative to
<br />the Police Oversight Commission for a FullTerm Expiring December 10, 2024
<br />Department(s): Clerk of the Council Office
<br />Recommended Action: Appoint Danny Vega to the Police Oversight Commission as
<br />the Mayoral representative and administer Oath of Office.
<br />10.Receive and File Fiscal Year 202122 Annual Comprehensive Financial Report,
<br />Related Audit Reports, and Measure X AgreeduponProcedures Report
<br />Department(s): Finance and Management Services
<br />Recommended Action: Receive and file the following audited and separately
<br />issued reports for the Fiscal Year Ended June 30, 2022:
<br />1. The Auditor’s unmodified “clean” opinion letter for the fiscal year 202122 Audited
<br />Financial Statements included in the Annual Comprehensive Financial Report (ACFR)
<br />2. Government Auditing Standards (GAS) Letter
<br />3. Governance Letter
<br />4. Air Quality Management District (AQMD) Audited Financial Statements
<br />5. The Auditor’s report on the Appropriations Limit (GANN Limit)
<br />6. The Auditor’s report on compliance with the Statement of Investment Policy
<br />7. Measure X AgreedUponProcedures Report
<br />11.Award a Purchase Order in the Amount of $789,567 to Best Contracting Services, Inc.
<br />for Fire Station 72 Hose Tower Roof Repair and Fire Station 74 Roof Removal and
<br />Installation (Specification No. 22170) (General Fund)
<br />Department(s): Public Works Agency
<br />Recommended Action: Authorize a onetime purchase and payment of purchase
<br />order to Best Contracting Services Inc. in the amount of $789,567, plus a contingency
<br />of $157,914, for a total amount not to exceed $947,481, for Roof Removal and
<br />Installation at Fire Station 72 Hose Tower and Fire Station 74, subject to non
<br />substantive changes approved by the City Manager and City Attorney.
<br />12.Award Purchase Order to National Auto Fleet Group for Six Chevrolet Bolt EVs and
<br />Two Chevrolet Traverse SUVs in the Amount of $275,765 (Specification No. 23008)
<br />(General and NonGeneral Fund)
<br />Department(s): Public Works Agency
<br />Recommended Action: 1. Authorize a onetime purchase and payment to National
<br />Auto Fleet Group for six 2023 Chevrolet Bolt EVs, and two 2023 Chevrolet Traverse
<br />SUVs, in the amount of $255,765, plus a contingency of $20,000 for a total amount
<br />not to exceed $275,765, subject to nonsubstantive changes approved by the City
<br />Manager and City Attorney.
<br />2. Approve an appropriation adjustment recognizing $193,589 in prioryear fund
<br />balance in the Air Quality Improvement (AB 2766) Fund, Prior Year Carry Forward
<br />revenue account and appropriate the same amount into the Fleet ServicesAir Quality
<br />Improvement expenditure account for this item. (Requires five affirmative votes)
<br />13.Award Purchase Orders to Acco Engineered Systems to Relocate and Replace Fan
<br />Coils at the Grand Central Art Center and the Santa Ana Regional Transportation
<br />Center (Specification No. 23021) (General Fund)
<br />Department(s): Public Works Agency
<br />Recommended Action: Authorize a onetime purchase and payment to Acco
<br />Engineered Systems for the relocation and replacement of fan coils at the Grand
<br />Central Art Center, in the amount of $745,860, plus a contingency of $54,140 and at
<br />the Santa Ana Regional Transportation Center, in the amount of $1,548,348, plus a
<br />contingency of $51,652 for a total amount not to exceed $2,400,000, subject to non
<br />substantive changes approved by the City Manager and City Attorney.
<br />14.Approve Agreement with Robertson Industries, Inc. for Playground Rubber
<br />Resurfacing Citywide in an Amount Not to Exceed $451,205 for a OneYear Term
<br />(General Fund)
<br />Department(s): Public Works Agency
<br />Recommended Action: Authorize the City Manager to execute an agreement with
<br />Robertson Industries, Inc. to provide playground rubber resurfacing citywide for a total
<br />base amount of $360,964, with a contingency of $90,241, for a total agreement
<br />amount not to exceed $451,205 for a oneyear period beginning February 21, 2023 to
<br />February 20, 2024, subject nonsubstantive changes approved by the City Manager
<br />and City Attorney (Agreement No. 2023XXX).
<br />15.Approve an Agreement with Diversified Waterscape, Inc. for Lake Management
<br />Services at City Sites for a FiveYear Term for an Annual Amount Not to Exceed
<br />$177,572, for a Total of $887,860 (General Fund)
<br />Department(s): Public Works Agency
<br />Recommended Action: Authorize the City Manager to execute an agreement with
<br />Diversified Waterscapes, Inc. to provide scheduled maintenance duties in an annual
<br />amount of $127,572 with an annual contingency of $50,000 for a total agreement
<br />amount not to exceed $887,860 for a threeyear period beginning February 21, 2023
<br />and ending on February 20, 2026, with an option for two oneyear extensions, subject
<br />to nonsubstantive changes approved by the City Manager and City Attorney
<br />(Agreement No. 2023XXX).
<br />16.Approve an Agreement with Service 1st for Pool Maintenance Services at Five City
<br />Pools for a ThreeYear Term for an Annual Amount not to Exceed $248,135, Including
<br />an Annual Contingency of $50,000, for a Total Agreement Amount of $1,240,675
<br />(General Fund)
<br />Department(s): Public Works Agency
<br />Recommended Action: Authorize the City Manager to execute an agreement with
<br />Service 1st to provide scheduled maintenance duties in an annual amount of
<br />$248,135, including an annual contingency of $50,000, for a total agreement amount
<br />not to exceed $1,240,675 for a threeyear period beginning February 21, 2023 and
<br />ending on February 20, 2026, with an option for two, oneyear extensions, subject to
<br />nonsubstantive changes approved by the City Manager and City Attorney
<br />(Agreement No. 2023XXX).
<br />17.Approve Cooperative Agreement to Fund Total Maximum Daily Load Programs and
<br />Related Activities in the Newport Bay Watershed
<br />Department(s): Public Works Agency
<br />Recommended Action: Authorize the City Manager to execute Cooperative
<br />Agreement No. MA08023010376 with the County of Orange and other Newport Bay
<br />Watershed dischargers to fund Total Maximum Daily Load programs and related
<br />activities in the Newport Bay Watershed for a fiveyear term beginning July 1, 2023
<br />and expiring June 30, 2028, subject to nonsubstantive changes by the City Manager
<br />and City Attorney (Agreement No. 2023XXX).
<br />18.Blanket Order Agreement with C3 Technology Services for Purchase of Sharp
<br />Copiers and Managed Print Services in a Combined Annual Amount not to Exceed
<br />$310,000 (General and NonGeneral Fund)
<br />Department(s): Information Technology
<br />Recommended Action: Authorize the City Manager to execute an agreement with
<br />C3 Technology Services for Sharp copier equipment and managed print services for
<br />a threeyear period beginning March 1, 2023 through March 1, 2026 with two optional
<br />oneyear renewal periods exercisable by the City Manager in an annual not to exceed
<br />amount of $310,000, subject to nonsubstantive changes approved by the City
<br />Manager and City Attorney (Agreement No. 2023XXX).
<br />19.Agreement with DTSA Services for Downtown Santa Ana Clean & Safe Program
<br />Department(s): Community Development Agency
<br />Recommended Action: Authorize the City Manager to execute an agreement with
<br />DTSA Services for the Downtown Santa Ana Clean & Safe Program, for a total
<br />agreement amount not to exceed $5,098,307, which includes a 10percent
<br />contingency, for a threeyear term beginning March 1, 2023 and expiring February 29,
<br />2026 with an option for one twoyear extension, subject to nonsubstantive changes
<br />approved by the City Manager and City Attorney (Agreement No. 2023XXX).
<br />20.Approve Memorandum of Understanding and Appropriation Adjustment Accepting the
<br />FY 2022 Edward Byrne Memorial Justice Assistance Grant (NonGeneral Fund)
<br />Department(s): Police Department
<br />Recommended Action: 1. Authorize the City Manager and Chief of Police to
<br />execute a Memorandum of Understanding with the County of Orange, Sheriff’s
<br />Department accepting the 2022 Edward Byrne Memorial Justice Assistance Grant in
<br />the amount of $102,441, subject to nonsubstantive changes approved by the City
<br />Manager and City Attorney (Agreement No. 2023XXX).
<br />2. Approve an appropriation adjustment recognizing $102,441 in the Law
<br />Enforcement Grants revenue account and appropriate same to the Byrne Justice
<br />Assistance expenditure accounts. (Requires five affirmative votes.)
<br />21.Teleconferencing for Meetings of City Council and All Boards, Committees, and
<br />Commissions Pursuant to the Provisions of Assembly Bill 361
<br />Department(s): Clerk of the Council Office
<br />Recommended Action: Resolution No. 2023XXX – Adopt a resolution to consider
<br />continuing the use of teleconferencing for City Council, board, committee, and
<br />commission meetings pursuant to the provisions of Assembly Bill 361 for the next 30
<br />days.
<br />22.Proposed Resolution Adopting City Council Actual and Necessary Expense Policy
<br />Pursuant to City Charter Section 402 and Approving Reimbursement Request
<br />Department(s): City Manager Office
<br />Recommended Action: 1. Resolution No. 2023XXX – Adopt a Resolution
<br />approving the Proposed City Council Actual and Necessary Expense Policy.
<br />2. Approve reimbursement request not to exceed $1,500.
<br />**END OF CONSENT CALENDAR**
<br />OATH OF OFFICE – Administer Oath of Office to the newly appointed Board and
<br />Commission members present.
<br />BUSINESS CALENDAR
<br />23.Fiscal Year 202223 MidYear Budget Update, Revive Spending Plan Update,
<br />Appropriation Requests and Workforce Changes
<br />Department(s): Finance and Management Services
<br />Recommended Action: 1. Receive and file the FY 202223 MidYear budget
<br />update, including an update for the Revive Santa Ana Spending Plan.
<br />2. Approve the recommended Appropriation Adjustments. (Requires five
<br />affirmative votes)
<br />3. Resolution No. 2023XXX – Adopt a Resolution A RESOLUTION OF THE CITY
<br />COUNCIL OF THE CITY OF SANTA ANA TO AMEND RESOLUTION NO. 2015026
<br />TO EFFECT CERTAIN CHANGES TO THE CITY’S BASIC CLASSIFICATION AND
<br />COMPENSATION PLAN.
<br />4. Resolution No. 2023XXX – Adopt a Resolution A RESOLUTION OF THE CITY
<br />COUNCIL OF THE CITY OF SANTA ANA TO AMEND THE CURRENT FISCAL
<br />YEAR 20222023 ANNUAL BUDGET TO ADD AND DELETE FULLTIME
<br />POSITIONS IN THE LIBRARY DEPARTMENT, PARKS, RECREATION, AND
<br />COMMUNITY SERVICES DEPARTMENT, PLANNING AND BUILDING
<br />DEPARTMENT, AND PUBLIC WORKS DEPARTMENT.
<br />**END OF BUSINESS CALENDAR**
<br />WORK STUDY SESSION
<br />24.Environmental Sanitation and Roadway Cleaning Fee Work Study Session
<br />Department(s): Public Works Agency
<br />Recommended Action: Discuss and provide direction to staff.
<br />COUNCILMEMBER REQUESTED ITEMS
<br />25.Discussion and Announcement of Ad Hoc Committees for Crossing Guards and
<br />Sheltering Homeless Families – Mayor Amezcua
<br />26.Discuss and Consider Directing the City Manager to Direct Staff to Enter into
<br />Negotiations with the Los Angeles and Orange Counties Building and Construction
<br />Trades Council to Work Off and Build On the City's Expired Community Workforce
<br />Agreement (CWA) which Establishes Labor Relations Policies and Procedures for
<br />the City – Councilmember Penaloza
<br />CITY MANAGER COMMENTS
<br />COUNCIL COMMENTS
<br />AB1234 DISCLOSURE – If the City paid for travel or other expenses this is the time for
<br />members of the Council to provide a brief oral report on attendance of any regional board or
<br />commission meeting or any conference, meeting or event attended.
<br />ADJOURNMENT – Adjourn the City Council meeting.
<br />Future Items
<br />1. Sunshine Ordinance – Work Study Session
<br />2. Resolution Related to Sidewalk Food Vending
<br />
<br />City Council 2 2/21/2023
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