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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 CouncilIn compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting,contact Michael Ortiz, City ADA Program Coordinator, at (714) 6475624. Notification 48 hours prior to the Meeting will enablethe City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supportingdocumentation can be found on the City’s website – www.santaana.org/citymeetings.CITY VISION AND CODE OF ETHICSThe City of Santa Ana is committed to achieving a shared vision for the organization and itscommunity. The Vision, Mission and Guiding Principles (Values) are the result of a thoughtfuland inclusive process designed to set the City and organization on a course that meets thechallenges of today and tomorrow, as follows:Vision The dynamic center of Orange County which is acclaimed for our: Investment inyouth • Safe and healthy community • Neighborhood pride • Thriving economic climate •Enriched and diverse culture • Quality government servicesMission To deliver efficient public services in partnership with our community which ensurespublic safety, a prosperous economic environment, opportunities for our youth, and a highquality of life for residents.Guiding Principles Collaboration • Efficiency • Equity • Excellence • Fiscal Responsibility •Innovation • TransparencyCode of Ethics and Conduct At the Special Municipal Election held on February 5, 2008,voters approved an amendment to the City Charter which established the Code of Ethics andConduct for elected officials and members of appointed boards, commissions, andcommittees to assure public confidence. The following are the core values expressed: •Integrity • Honesty • Responsibility • Fairness • Accountability • Respect • EfficiencyMembers of the public may attend the City Council meeting inperson or join via Zoom. TheCity Council meeting will occur live via teleconference Zoom webinar. You may view themeeting from your computer, tablet or smart phone via YouTube LiveStream atwww.youtube.com/user/SantaAnaLibrary or on CTV3, available on Spectrum channel 3.PUBLIC COMMENTS – Members of the public who wish to address the City Council onclosed session items, items on the regular agenda or on matters which are not on theagenda, but are within the subject matter jurisdiction of the City Council may do so by one ofthe following ways:MAILING OPTION written communications – Public comments may be mailed to:Office of the Clerk of the Council, 20 Civic Center Plaza M30, Santa Ana, CA92701. All written communications received via mail by 3:00 p.m. on the day of themeeting will be distributed to the City Council and imaged into the City’s documentarchive system which is available for public review.SENDING EMAIL OPTION – Public comments may be sent via email to the CityClerk’s office at eComment@santaana.org. Please note the agenda item you arecommenting on in the subject line of the email. All emails received before 3:00 p.m. onthe day of the meeting will be distributed to the City Council and imaged into the City’sdocument archive system which is available for public review.LIVE VIRTUAL OPTION – Members of the public may provide live comments duringthe meeting by Zoom or Conference Call. To join by Zoom click on or type the followingaddress into your web browser https://us02web.zoom.us/j/315965149. To join theConference Call: Dial (669) 9009128 and enter MEETING ID: 315 965 149#. You willbe prompted by the City Clerk when it is time for a: i) closed session item, ii)general agenda item, iii) public hearing item, iv) special agenda item, or v) for HousingAuthority item. You may request to speak by dialing *9 from your phone or you mayvirtually raise your hand from Zoom. After the Clerk confirms the last three digits of thecaller’s phone number or Zoom ID and unmutes them, the caller must press *6 ormicrophone icon to speak. Callers are encouraged, but not required, to identifythemselves by name. Each caller will be provided three (3) minutes to speak, unlessdue to the number of speakers wanting to speak a decision is made to provide adifferent amount of time to speak.INPERSON OPTION Members of the public can provide inperson comments at thepodium in the Council Chamber. The Council Chamber will have seating available formembers of the public to attend the meeting inperson. Public comments are limited tothree (3) minutes per speaker, unless a different time is announced by the presidingchair. Speakers who wish to address the Council must do so by submitting a“Request to Speak” card by 5:00 p.m. for Closed Session items and by 6:00 p.m.for all other designated public comment periods as listed below. Cards will not beaccepted after the Public Comment Session begins without the permission of thepresiding chair.The following designated public comment periods are:1. LIVE PUBLIC COMMENTS ON CLOSED SESSION ITEMS – You can provide livecomments on closed session items by joining Zoom or the Conference Call as described inthe LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will openat 4:30 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL BY 5:00 p.m.Speakers who are not in the speaker queue by 5:00 p.m. will not be permitted to speak. 2. LIVE PUBLIC COMMENTS ON REGULAR AGENDA ITEMS AND NONAGENDAITEMS (GENERAL PUBLIC COMMENT) – You can provide comments by joining Zoom orthe Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTSOPTION above. Speaker queue will open at 4:30 p.m. YOU MUST JOIN ZOOM OR THECONFERENCE CALL PRIOR TO 6:00 p.m. Speakers who are not in the speaker queue by6:00 p.m. will not be permitted to speak.About the AgendaTo download or view the attachments (staff report and other supporting documentation) foreach agenda item, you must select the agenda item to see the attachments to either open ina new link (the eyeball ) or download a pdf (the cloud symbol with the down arrow ).CLOSED SESSIONCALL TO ORDERATTENDANCE Council Members Phil BacerraJohnathan Ryan HernandezDavid PenalozaThai Viet PhanBenjamin VazquezMayor Pro Tem Jessie LopezMayorValerie AmezcuaCity Manager Kristine RidgeCity Attorney Sonia R. CarvalhoClerk of the Council Norma OrozcoROLL CALLPUBLIC COMMENTS – Members of the public may address the City Council on ClosedSession items.CLOSED SESSION ITEMS – The Brown Act permits legislative bodies to discuss certainmatters without members of the public present. The City Council finds, based on advice fromthe City Attorney, that discussion in open session of the following matters will prejudice theposition of the City in existing and anticipated litigation:1.CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section54957.6(a):Agency Negotiators: Human Resources Executive Director, Jason MotsickEmployee Organizations: Santa Ana Police Officers Association (POA) Service Employees’ International Union (SEIU) FullTime Employees Confidential Association of Santa Ana (CASA) Santa Ana Management Association (SAMA)2.CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION pursuant toParagraph (1) of subdivision (d) of Section 54956.9 of the Government Code: A. Micah’s Way v. City of Santa Ana, United States District Court, Case No. 8:23CV00183DOCKES B. City of Santa Ana v. Rim Pacific Investors Portofino, LLC, Orange County Superior Court, Case No. 30202101221615 3.PUBLIC EMPLOYEE PERFORMANCE EVALUATION Pursuant to Government Code Section 54957 Title: City Attorney CLOSED SESSION REPORT – The City Attorney will report on any action(s) to be taken at the Regular Open Session which will begin immediately following the Closed Session. RECESS – City Council will recess to Closed Session for the purpose of conducting regular City business. RECONVENE – City Council will reconvene to continue regular City business. CITY COUNCIL REGULAR OPEN SESSION CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE Mayor Amezcua WORDS OF INSPIRATION Pastor Tommy Cota CEREMONIAL PRESENTATIONS 1.Proclamation presented by Mayor Amezcua to Olive Crest for 50 Years of Outstanding Contributions to the Community. 2.Certificates of Recognition presented by Mayor Pro Tem Lopez and Councilmember Hernandez to Alexis “Lex” Rocha, John M. Raya and Coach Hector Lopez for Outstanding Contributions to the Community. STAFF PRESENTATIONS 3.Homelessness Update 4.Diemer Treatment Plant Tour Opportunity CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed Session. PUBLIC COMMENT – Public comments will be held during the beginning of the meeting for ALL comments on agenda and nonagenda items. CONSENT CALENDAR RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 5 through 22. 5.Excused Absences Department(s): Clerk of the Council Recommended Action: Excuse the absent members. 6.Appoint Amalia Mejia Nominated by Councilmember Vazquez as the Ward 2 Representative to the Community Development Commission for a FullTerm Expiring December 8, 2026 Department(s): Clerk of the Council Office Recommended Action: Appoint Amalia Mejia to the Community Development Commission as the Ward 2 representative and administer Oath of Office. 7.Appoint Darlene Perez Nominated by Councilmember Phan as the Ward 1 Representative to the Santa Ana 2018 Measure X Citizen Oversight Committee for a PartialTerm Expiring December 10, 2024 Department(s): Clerk of the Council Office Recommended Action: Appoint Darlene Perez to the Santa Ana 2018 Measure X Citizen Oversight Committee as the Ward 1 representative and administer Oath of Office. 8.Appoint Ronnie Harrell Nominated by Councilmember Bacerra as the Ward 4 Representative to the Police Oversight Commission for a FullTerm Expiring December 8, 2026 Department(s): Clerk of the Council Office Recommended Action: Appoint Ronnie Harrell to the Police Oversight Commission as the Ward 4 representative and administer Oath of Office. 9.Appoint Danny Vega Nominated by Mayor Amezcua as the Mayoral Representative to the Police Oversight Commission for a FullTerm Expiring December 10, 2024 Department(s): Clerk of the Council Office Recommended Action: Appoint Danny Vega to the Police Oversight Commission as the Mayoral representative and administer Oath of Office. 10.Receive and File Fiscal Year 202122 Annual Comprehensive Financial Report, Related Audit Reports, and Measure X AgreeduponProcedures Report Department(s): Finance and Management Services Recommended Action: Receive and file the following audited and separately issued reports for the Fiscal Year Ended June 30, 2022: 1. The Auditor’s unmodified “clean” opinion letter for the fiscal year 202122 Audited Financial Statements included in the Annual Comprehensive Financial Report (ACFR) 2. Government Auditing Standards (GAS) Letter 3. Governance Letter 4. Air Quality Management District (AQMD) Audited Financial Statements 5. The Auditor’s report on the Appropriations Limit (GANN Limit) 6. The Auditor’s report on compliance with the Statement of Investment Policy 7. Measure X AgreedUponProcedures Report 11.Award a Purchase Order in the Amount of $789,567 to Best Contracting Services, Inc. for Fire Station 72 Hose Tower Roof Repair and Fire Station 74 Roof Removal and Installation (Specification No. 22170) (General Fund) Department(s): Public Works Agency Recommended Action: Authorize a onetime purchase and payment of purchase order to Best Contracting Services Inc. in the amount of $789,567, plus a contingency of $157,914, for a total amount not to exceed $947,481, for Roof Removal and Installation at Fire Station 72 Hose Tower and Fire Station 74, subject to non substantive changes approved by the City Manager and City Attorney. 12.Award Purchase Order to National Auto Fleet Group for Six Chevrolet Bolt EVs and Two Chevrolet Traverse SUVs in the Amount of $275,765 (Specification No. 23008) (General and NonGeneral Fund) Department(s): Public Works Agency Recommended Action: 1. Authorize a onetime purchase and payment to National Auto Fleet Group for six 2023 Chevrolet Bolt EVs, and two 2023 Chevrolet Traverse SUVs, in the amount of $255,765, plus a contingency of $20,000 for a total amount not to exceed $275,765, subject to nonsubstantive changes approved by the City Manager and City Attorney. 2. Approve an appropriation adjustment recognizing $193,589 in prioryear fund balance in the Air Quality Improvement (AB 2766) Fund, Prior Year Carry Forward revenue account and appropriate the same amount into the Fleet ServicesAir Quality Improvement expenditure account for this item. (Requires five affirmative votes) 13.Award Purchase Orders to Acco Engineered Systems to Relocate and Replace Fan Coils at the Grand Central Art Center and the Santa Ana Regional Transportation Center (Specification No. 23021) (General Fund) Department(s): Public Works Agency Recommended Action: Authorize a onetime purchase and payment to Acco Engineered Systems for the relocation and replacement of fan coils at the Grand Central Art Center, in the amount of $745,860, plus a contingency of $54,140 and at the Santa Ana Regional Transportation Center, in the amount of $1,548,348, plus a contingency of $51,652 for a total amount not to exceed $2,400,000, subject to non substantive changes approved by the City Manager and City Attorney. 14.Approve Agreement with Robertson Industries, Inc. for Playground Rubber Resurfacing Citywide in an Amount Not to Exceed $451,205 for a OneYear Term (General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with Robertson Industries, Inc. to provide playground rubber resurfacing citywide for a total base amount of $360,964, with a contingency of $90,241, for a total agreement amount not to exceed $451,205 for a oneyear period beginning February 21, 2023 to February 20, 2024, subject nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2023XXX). 15.Approve an Agreement with Diversified Waterscape, Inc. for Lake Management Services at City Sites for a FiveYear Term for an Annual Amount Not to Exceed $177,572, for a Total of $887,860 (General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with Diversified Waterscapes, Inc. to provide scheduled maintenance duties in an annual amount of $127,572 with an annual contingency of $50,000 for a total agreement amount not to exceed $887,860 for a threeyear period beginning February 21, 2023 and ending on February 20, 2026, with an option for two oneyear extensions, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2023XXX). 16.Approve an Agreement with Service 1st for Pool Maintenance Services at Five City Pools for a ThreeYear Term for an Annual Amount not to Exceed $248,135, Including an Annual Contingency of $50,000, for a Total Agreement Amount of $1,240,675 (General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with Service 1st to provide scheduled maintenance duties in an annual amount of $248,135, including an annual contingency of $50,000, for a total agreement amount not to exceed $1,240,675 for a threeyear period beginning February 21, 2023 and ending on February 20, 2026, with an option for two, oneyear extensions, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2023XXX). 17.Approve Cooperative Agreement to Fund Total Maximum Daily Load Programs and Related Activities in the Newport Bay Watershed Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute Cooperative Agreement No. MA08023010376 with the County of Orange and other Newport Bay Watershed dischargers to fund Total Maximum Daily Load programs and related activities in the Newport Bay Watershed for a fiveyear term beginning July 1, 2023 and expiring June 30, 2028, subject to nonsubstantive changes by the City Manager and City Attorney (Agreement No. 2023XXX). 18.Blanket Order Agreement with C3 Technology Services for Purchase of Sharp Copiers and Managed Print Services in a Combined Annual Amount not to Exceed $310,000 (General and NonGeneral Fund) Department(s): Information Technology Recommended Action: Authorize the City Manager to execute an agreement with C3 Technology Services for Sharp copier equipment and managed print services for a threeyear period beginning March 1, 2023 through March 1, 2026 with two optional oneyear renewal periods exercisable by the City Manager in an annual not to exceed amount of $310,000, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2023XXX). 19.Agreement with DTSA Services for Downtown Santa Ana Clean & Safe Program Department(s): Community Development Agency Recommended Action: Authorize the City Manager to execute an agreement with DTSA Services for the Downtown Santa Ana Clean & Safe Program, for a total agreement amount not to exceed $5,098,307, which includes a 10percent contingency, for a threeyear term beginning March 1, 2023 and expiring February 29, 2026 with an option for one twoyear extension, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2023XXX). 20.Approve Memorandum of Understanding and Appropriation Adjustment Accepting the FY 2022 Edward Byrne Memorial Justice Assistance Grant (NonGeneral Fund) Department(s): Police Department Recommended Action: 1. Authorize the City Manager and Chief of Police to execute a Memorandum of Understanding with the County of Orange, Sheriff’s Department accepting the 2022 Edward Byrne Memorial Justice Assistance Grant in the amount of $102,441, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2023XXX). 2. Approve an appropriation adjustment recognizing $102,441 in the Law Enforcement Grants revenue account and appropriate same to the Byrne Justice Assistance expenditure accounts. (Requires five affirmative votes.) 21.Teleconferencing for Meetings of City Council and All Boards, Committees, and Commissions Pursuant to the Provisions of Assembly Bill 361 Department(s): Clerk of the Council Office Recommended Action: Resolution No. 2023XXX – Adopt a resolution to consider continuing the use of teleconferencing for City Council, board, committee, and commission meetings pursuant to the provisions of Assembly Bill 361 for the next 30 days. 22.Proposed Resolution Adopting City Council Actual and Necessary Expense Policy Pursuant to City Charter Section 402 and Approving Reimbursement Request Department(s): City Manager Office Recommended Action: 1. Resolution No. 2023XXX – Adopt a Resolution approving the Proposed City Council Actual and Necessary Expense Policy. 2. Approve reimbursement request not to exceed $1,500. **END OF CONSENT CALENDAR** OATH OF OFFICE – Administer Oath of Office to the newly appointed Board and Commission members present. BUSINESS CALENDAR 23.Fiscal Year 202223 MidYear Budget Update, Revive Spending Plan Update, Appropriation Requests and Workforce Changes Department(s): Finance and Management Services Recommended Action: 1. Receive and file the FY 202223 MidYear budget update, including an update for the Revive Santa Ana Spending Plan. 2. Approve the recommended Appropriation Adjustments. (Requires five affirmative votes) 3. Resolution No. 2023XXX – Adopt a Resolution A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO AMEND RESOLUTION NO. 2015026 TO EFFECT CERTAIN CHANGES TO THE CITY’S BASIC CLASSIFICATION AND COMPENSATION PLAN. 4. Resolution No. 2023XXX – Adopt a Resolution A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO AMEND THE CURRENT FISCAL YEAR 20222023 ANNUAL BUDGET TO ADD AND DELETE FULLTIME POSITIONS IN THE LIBRARY DEPARTMENT, PARKS, RECREATION, AND COMMUNITY SERVICES DEPARTMENT, PLANNING AND BUILDING DEPARTMENT, AND PUBLIC WORKS DEPARTMENT. **END OF BUSINESS CALENDAR** WORK STUDY SESSION 24.Environmental Sanitation and Roadway Cleaning Fee Work Study Session Department(s): Public Works Agency Recommended Action: Discuss and provide direction to staff. COUNCILMEMBER REQUESTED ITEMS 25.Discussion and Announcement of Ad Hoc Committees for Crossing Guards and Sheltering Homeless Families – Mayor Amezcua 26.Discuss and Consider Directing the City Manager to Direct Staff to Enter into Negotiations with the Los Angeles and Orange Counties Building and Construction Trades Council to Work Off and Build On the City's Expired Community Workforce Agreement (CWA) which Establishes Labor Relations Policies and Procedures for the City – Councilmember Penaloza CITY MANAGER COMMENTS COUNCIL COMMENTS AB1234 DISCLOSURE – If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended. ADJOURNMENT – Adjourn the City Council meeting. Future Items 1. Sunshine Ordinance – Work Study Session 2. Resolution Related to Sidewalk Food Vending City Council 6 2/21/2023