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City Council Special Meeting PacketAugust 29, 2023REGULAR OPEN MEETING – 5:30 PM 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 Jennifer L. HallCity Clerk
<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
<br />on items on the special meeting agenda may do so by one of the following ways:
<br />MAILING OPTION written communications – Public comments may be mailed to:
<br />Office of the City Clerk, 20 Civic Center Plaza M30, Santa Ana, CA 92701. All written
<br />communications received via mail by 4:00 p.m. on the day of the meeting will be
<br />distributed to the City Council and imaged into the City’s document archive system
<br />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 two (2) hours before
<br />the scheduled start of the meeting will be distributed to the City Council and imaged
<br />into the City’s 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 comment. You may request to speak
<br />by dialing *9 from your phone or you may virtually raise your hand from Zoom. After the
<br />Clerk confirms the last three digits of the caller’s phone number or Zoom ID and
<br />unmutes them, the caller must press *6 or microphone icon to speak. Callers are
<br />encouraged, but not required, to identify themselves by name. Each caller will be
<br />provided three (3) minutes to speak, unless due to the number of speakers wanting to
<br />speak a decision is made to provide a 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 5:30 p.m. for all other designated public comment
<br />periods as listed below. Cards will not be accepted after the Public Comment Session
<br />begins without the permission of the presiding chair.
<br />The following designated public comment periods are:
<br />1. LIVE PUBLIC COMMENTS ON SPECIAL AGENDA ITEMS – You can provide
<br />comments by joining Zoom or the Conference Call as described in the LIVE or INPERSON
<br />PUBLIC COMMENTS OPTION above. Speaker queue will open at 5:00 p.m. YOU MUST
<br />JOIN ZOOM OR THE CONFERENCE CALL PRIOR TO 5:30 p.m. Speakers who are not in
<br />the speaker queue by 5:30 p.m. will not be permitted to speak.
<br />TRANSLATION SERVICES Spanish interpreting services are provided at City
<br />Council meetings. Simultaneous Spanish interpretation is provided through the use
<br />of headsets and consecutive interpretation (SpanishtoEnglish) in addition to those
<br />wishing to address the City Council at the podium.
<br />La ciudad provee servicios de interpretación al español en las juntas del Concilio.
<br /> La interpretación simultánea al español se ofrece por medio del uso de audífonos y
<br />la interpretación consecutiva (español a inglés) también está disponible para
<br />cualquiera que desee dirigirse al concilio municipal en el podio.
<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 />CITY COUNCIL SPECIAL OPEN 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 />City Clerk Jennifer L. Hall
<br />ROLL CALL
<br />PLEDGE OF ALLEGIANCE Mayor Amezcua
<br />WORDS OF INSPIRATION Pastor Dion Thomas, Help is On The Way Church
<br />ADDITIONS\DELETIONS TO THE AGENDA
<br />CEREMONIAL PRESENTATIONS
<br />1.Proclamation presented by Mayor Amezcua and Councilmember Penaloza to the
<br />Orange County Hunger Alliance declaring September 2023 as Hunger Action Month.
<br />2.Certificates of Recognition presented by Mayor Pro Tem Lopez to the City’s Housing
<br />Division Team for Outstanding Contributions to the Community.
<br />3.Certificate of Recognition presented by Councilmember Vazquez to VietRISE for
<br />Outstanding Contributions to the Community.
<br />PUBLIC COMMENT – Public comments will be held during the beginning of the meeting for
<br />ALL comments on agenda items.
<br />CONSENT CALENDAR
<br />RECOMMENDED ACTION: Approve staff recommendations on the following
<br />Consent Calendar Items: 4 through 20 and waive reading of all resolutions and
<br />ordinances.
<br />4.Excused Absences
<br />Department(s): City Clerk’s Office
<br />Recommended Action: Excuse the absent members.
<br />5.Receive and File Quarterly Report of Investments as of June 30, 2023
<br />Department(s): Finance and Management Services
<br />Recommended Action: Receive and file.
<br />6.City’s Response to Grand Jury Report Regarding Human Sex Trafficking in Orange
<br />County
<br />Department(s): Police Department, City Manager’s Office
<br />Recommended Action: Approve City of Santa Ana's responses to the Grand Jury's
<br />Findings and Recommendations of the 20222023 Orange County Grand Jury Report
<br />Human Sex Trafficking in OC pursuant to Penal Code sections 933 and 933.05.
<br />7.Approve an Appropriation Adjustment and Approve Change Order to Add Funds in the
<br />Amount of $300,000 to an Existing Construction Contract with Onyx Paving Company,
<br />Inc. for a Revised Estimated Project Delivery Cost of $4,140,200, for the Local Street
<br />Preventative Maintenance FY 2223 Project (Project No. 236907) (NonGeneral Fund)
<br />Department(s): Public Works Agency
<br />Recommended Action:
<br />1. Approve an appropriation adjustment recognizing prior year fund balance
<br />$300,000 in the Residential Street Improvement fund, Prior Year Carry Forward
<br />revenue account and appropriating the same amount into the Residential Street
<br />improvement fund, Improvements Other Than Building expenditure account for
<br />FY 20222023 capital operating expenses. (Requires five affirmative votes)
<br />2. Approve change order to construction contract and an amendment to the Project
<br />Cost Analysis to reflect the new amount of $743,100 for project contingency for
<br />unanticipated or unforeseen work, for a total Construction Delivery Cost of
<br />$4,140,200, subject to nonsubstantive changes approved by the City Manager
<br />and City Attorney.
<br />3. Approve an amendment to the Fiscal Year 202324 Capital Improvement
<br />Program for $300,000 for construction contingency funds, for the Local Street
<br />Preventative Maintenance FY 202223 (Project No. 236907).
<br />8.Award a Construction Contract to All American Asphalt in the Amount of $1,564,835 for
<br />the Grand Avenue Rehabilitation from Warner Avenue to Edinger Avenue Project, with
<br />an Estimated Project Delivery Cost of $2,113,000 (Project No. 226987) (NonGeneral
<br />Fund)
<br />Department(s): Public Works Agency
<br />Recommended Action: 1. Authorize the reallocation of SB1 funds from the Euclid
<br />Rehabilitation from McFadden Avenue to First Street Improvement Project for a total of
<br />$570,870 to the Grand Avenue Rehabilitation from Warner Avenue to Edinger Avenue
<br />Project to complete the project funding requirement.
<br />2. Award a construction contract to All American Asphalt, the lowest responsible
<br />bidder, in accordance with the base bid in the amount of $1,564,835, subject to change
<br />orders (not to exceed 25% of the base bid amount) in accordance with the Greenbook:
<br />Standard Specifications for Public Works Construction, for construction of the Grand
<br />Avenue Rehabilitation from Warner Avenue to Edinger Avenue Project, for a term
<br />beginning August 29, 2023 and ending upon project completion, and authorize the City
<br />Manager to execute the contract subject to nonsubstantive changes approved by the
<br />City Manager and the City Attorney.
<br />3. Approve the Project Cost Analysis for a total estimated construction delivery cost of
<br />$2,113,000, which includes $1,564,835 for the construction contract; $234,900 for
<br />contract administration, inspection, and testing; and a $313,265 project contingency for
<br />unanticipated or unforeseen work.
<br />4. Determine that the recommended actions are exempt from further review in
<br />accordance with the California Environmental Quality Act as Categorical Exemption
<br />Environmental Review No. ER20226 was filed for the project.
<br />9.Award a Construction Contract to Hardy & Harper, Inc. in the Amount of $1,400,000 for
<br />the Alton Avenue Rehabilitation from Main Street to Standard Avenue Project, with an
<br />Estimated Project Delivery Cost of $1,750,000 (Project No. 216975) (NonGeneral
<br />Fund)
<br />Department(s): Public Works Agency
<br />Recommended Action: 1. Authorize the reallocation of SB1 funds from the Euclid
<br />Rehabilitation from First Street to Hazard Avenue Improvement Project for a total
<br />amount of $1,037,000 to the Alton Avenue Rehabilitation from Main Street to Standard
<br />Avenue Project to complete the project funding requirement.
<br />2. Award a construction contract to Hardy & Harper, Inc., the lowest responsible bidder,
<br />in accordance with the base bid in the amount of $1,400,000, subject to change orders
<br />(not to exceed 25% of the base bid amount) in accordance with the Greenbook:
<br />Standard Specifications for Public Works Construction, for construction of the Alton
<br />Avenue Rehabilitation from Main Street to Standard Avenue Project for a term
<br />beginning August 29, 2023 and ending upon project completion, and authorize the City
<br />Manager to execute the contract subject to nonsubstantive changes approved by the
<br />City Manager and the City Attorney.
<br />3. Approve the Project Cost Analysis for a total estimated construction delivery cost of
<br />$1,750,000, which includes $1,400,000 for the construction contract; $210, 000 for
<br />contract administration, inspection, and testing; and a $140,000 project contingency for
<br />unanticipated or unforeseen work.
<br />4. Determine that the recommended actions are exempt from further review in
<br />accordance with the California Environmental Quality Act as Categorical Exemption
<br />Environmental Review No. ER202143 was filed for the project.
<br />10.Award a Construction Contract to Kalban, Inc. in the Amount of $3,037,800 for the
<br />Alley Improvements Program with an Estimated Project Delivery Cost of $4,252,820
<br />(Project No. 236910) (M2 Local Fairshare) (General Fund)
<br />Department(s): Public Works Agency
<br />Recommended Action: 1. Authorize the reallocation of unspent Measure M2 Local
<br />Fairshare funds from various projects: $143,017 from Alley Improvement Program
<br />FY201819, $818,083 from Alley Improvement Program FY202122 for a total of
<br />$961,100 to the Alley Improvements Program Project to complete the project’s
<br />funding requirement.
<br />2. Award a construction contract to Kalban, Inc., the lowest responsible bidder, in
<br />accordance with the base bid in the amount of $3,037,800, subject to a change order
<br />(nottoexceed 25 percent of the base bid) in accordance with the 2021 Greenbook:
<br />Standard Specifications for Public Works Construction for construction of the Alley
<br />Improvements Program Project, for the term beginning August 29, 2023 and ending
<br />upon project completion, and authorize the City Manager to execute the contract
<br />subject to nonsubstantive changes approved by the City Manager and the City
<br />Attorney.
<br />3. Approve the Project Cost Analysis for a total estimated construction delivery cost of
<br />$4,252,820, which includes $3,037,800 for the construction contract; $455,670 for
<br />contract administration, inspection, and testing; and a $759,350 project contingency
<br />for unanticipated or unforeseen work.
<br />4. Determine that the recommended actions are exempt from further review in
<br />accordance with the California Environmental Quality Act as Categorical Exemption
<br />Environmental Review No. ER2022118 was filed for the project 236910.
<br />11.Approve Agreement with Arakelian Enterprises, Inc., DBA Athens Services to Provide
<br />Street Sweeping Services, for a Total Amount Not to Exceed $64,572,750 for up to 15
<br />Years (Specification No. 23007) (General Fund and NonGeneral Fund)
<br />Department(s): Public Works Agency
<br />Recommended Action: Authorize the City Manager to execute an agreement with
<br />Athens Services to provide street sweeping services at a base amount of $3,913,500,
<br />with an annual contingency of $391,350, for a total annual amount of $4,304,850, plus
<br />allowance for an annual adjustment based on the Consumer Price Index, for a tenyear
<br />initial term totaling $43,048,500, beginning on July 1, 2024 and expiring June 30,
<br />2034, with an option for one, fiveyear extension totaling $21,524,250, for an
<br />aggregate amount not to exceed $64,572,750, subject to nonsubstantive changes
<br />approved by the City Manager and City Attorney (Agreement No. 2023XXX).
<br />12.Approve a License Agreement with The Legacy Fund for Use of 10th Street Right of
<br />Way (NonGeneral Fund)
<br />Department(s): Public Works Agency
<br />Recommended Action: Authorize the City Manager to execute a license agreement
<br />with The Legacy Fund, a nonprofit public benefit organization, for use of public right
<br />ofway on 10th Street between Main Street and Sycamore Street for improvements for
<br />the use and benefit of Orange County School of Arts students, staff, and faculty, for a
<br />10year term with two optional fiveyear extensions, with a $3,000 annual license fee
<br />paid to the City, subject to nonsubstantive changes approved by the City Manager
<br />and the City Attorney (Agreement No. 2023XXX).
<br />13.Approve Agreement with Volcan Advertising & Entertainment for Music Entertainment
<br />at the Fiestas Patrias Event in the Amount of $122,000 (General Fund)
<br />Department(s): Parks, Recreation, and Community Services
<br />Recommended Action: Authorize the City Manager to execute an agreement with
<br />Volcan Advertising & Entertainment to provide musical entertainment at the Fiestas
<br />Patrias event, in the amount of $122,000, beginning August 29, 2023 through
<br />September 30, 2023, subject to nonsubstantive change approved by the City
<br />Manager and City Attorney (Agreement No. 2023XXX).
<br />14.Approve Master Service Agreement with Lexipol, LLC to Provide Policy Manual
<br />Maintenance and Support to the Police Department (General Fund and NonGeneral
<br />Fund)
<br />Department(s): Police Department
<br />Recommended Action: Authorize the City Manager to execute an agreement with
<br />Lexipol, LLC, for the period of October 1, 2023 through September 30, 2026, to
<br />provide policy manual maintenance, support, and training services to the Police
<br />Department in an amount not to exceed $175,573.29, subject to nonsubstantive
<br />changes approved by the City Manager and City Attorney (Agreement No. 2023
<br />XXX).
<br />15.Approve Agreement with Filler Security Strategies, Inc. in the Amount of $56,750 to
<br />Provide a Revision to the ThreeYear Countywide Homeland Security Grants Strategy
<br />(NonGeneral Fund)
<br />Department(s): Police Department
<br />Recommended Action: Authorize the City Manager to execute an agreement with
<br />Filler Security Strategies, Inc., for the period of August 29, 2023 through March 31,
<br />2024, to provide a revision to the Countywide Homeland Security Grants Strategy in
<br />an amount not to exceed $56,750, subject to nonsubstantive changes approved by
<br />the City Manager and City Attorney (Agreement No. 2023XXX).
<br />16.Amend Agreement with Benefit Financial Services Group, LLC (BFSG) for Plan and
<br />Investment Advisory Services Pertaining to the 457 Deferred Compensation Plan to
<br />Add Participant Planning and Consulting Services at No Additional Cost
<br />Department(s): Finance and Management Services
<br />Recommended Action: Authorize the City Manager to execute the first amendment
<br />to the agreement with Benefit Financial Services Group, LLC to provide Participant
<br />Planning and Consulting Services at no additional cost, subject to nonsubstantive
<br />changes approved by the City Manager and City Attorney (Agreement No. 2023
<br />XXX).
<br />17.City Attorney Evaluation and Resolution to Reflect Positive Performance
<br />Department(s): City Attorney’s Office
<br />Recommended Action: Adopt a resolution to reflect an Exceeds Expectations
<br />performance evaluation conducted on August 15, 2023 and acknowledge retainer
<br />adjustment of $25,000 per the existing Legal Services Agreement with Best Best and
<br />Krieger LLP for City Attorney and Special Counsel Legal Services.
<br />RESOLUTION NO. 2023XXX A RESOLUTION OF THE CITY COUNCIL OF THE
<br />CITY OF SANTA ANA AFFIRMING A POSITIVE CITY ATTORNEY EVALUATION AND
<br />ACKNOWLEDGING A RETAINER INCREASE PURSUANT TO THE EXISTING
<br />RESTATED LEGAL SERVICES AGREEMENT FOR CITY ATTORNEY SERVICES
<br />18.Resolution Declaring Support of the HOME Act AB1306
<br />Department(s): City Manager’s Office
<br />Recommended Action: Adopt a resolution declaring support of Assembly Bill 1306
<br />(Carrillo) State Government: Immigration Enforcement.
<br />RESOLUTION NO. 2023XXX A RESOLUTION OF THE CITY COUNCIL OF THE
<br />CITY OF SANTA ANA SUPPORTING ASSEMBLY BILL 1306 (The HOME Act)
<br />19.Authorize the Planning Division to Prepare and Provide Notice to the County of
<br />Orange Airport Land Use Commission (ALUC) in Accordance with Public Utilities
<br />Code Section 21676(b) for a Proposed MixedUse Development Project Located on
<br />the 41Acre Site at 3600 South Bristol Street Currently Undergoing Public Review and
<br />Entitlements Processing with the City
<br />Department(s): Planning and Building Agency
<br />Recommended Action: Adopt a resolution authorizing the Planning Division to
<br />initiate the preparation and drafting of findings and determination overruling the
<br />County of Orange Airport Land Use Commission’s Determination of Inconsistency
<br />associated with a proposed mixeduse development project on a 41acre site located
<br />at 3600 South Bristol Street and to provide notice in accordance with Section
<br />21676(b) of the Public Utilities Code to the County of Orange Airport Land Use
<br />Commission and the State of California Department of Transportation’s Division of
<br />Aeronautics.
<br />RESOLUTION NO. 2023XXX A RESOLUTION OF THE CITY COUNCIL OF THE
<br />CITY OF SANTA ANA AUTHORIZING THE PLANNING DIVISION TO INITIATE THE
<br />PREPARATION AND DRAFTING OF FINDINGS IN SUPPORT OF OVERRULING
<br />THE ORANGE COUNTY AIRPORT LAND USE COMMISSION’S DETERMINATION
<br />OF INCONSISTENCY ASSOCIATED WITH A PROPOSED MIXEDUSE
<br />DEVELOPMENT PROJECT ON A 41ACRE SITE LOCATED AT 3600 SOUTH
<br />BRISTOL STREET AND TO PROVIDE NOTICE IN ACCORDANCE WITH SECTION
<br />21676(B) OF THE PUBLIC UTILITIES CODE TO THE COUNTY OF ORANGE LAND
<br />USE COMMISSION AND THE STATE OF CALIFORNIA DEPARTMENT OF
<br />TRANSPORTATION’S DIVISION OF AERONAUTICS AT LEAST 45 DAYS PRIOR
<br />TO THE FUTURE PUBLIC HEARING DATE FOR THE PROPOSED PROJECT AND
<br />PROPOSED OVERRULING ACTION BY THE CITY COUNCIL (includes
<br />determination that this action is not subject to the California Environmental Quality Act
<br />(CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines as the proposed
<br />action will not have a significant effect on the environment).
<br />**END OF CONSENT CALENDAR**
<br />BUSINESS CALENDAR
<br />20.Ordinance Amending Article VII, Prima Facie Speed Limits, of Chapter 36 of the
<br />Santa Ana Municipal Code Establishing Speed Limits on Certain Streets and
<br />Portions of Streets in the City (Project No. 222992) (NonGeneral Fund)
<br />Department(s): Public Works Agency
<br />Recommended Action: Approve first reading of an ordinance amending Article VII,
<br />Prima Facie Speed Limits, of Chapter 36 of the Santa Ana Municipal Code
<br />establishing speed limits on certain streets and portions of streets in the city.
<br />ORDINANCE NO. NSXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
<br />OF SANTA ANA REPEALING AND REENACTING IN ITS ENTIRETY ARTICLE VII
<br />OF CHAPTER 36 OF THE SANTA ANA MUNICIPAL CODE ESTABLISHING PRIMA
<br />FACIE SPEED LIMITS
<br />**END OF BUSINESS CALENDAR**
<br />COUNCILMEMBER REQUESTED ITEMS
<br />21.Discuss and consider directing the City Manager to prepare an ordinance for City
<br />Council’s consideration to amend the City of Santa Ana’s Rent Stabilization and Just
<br />Cause Eviction Ordinance to require supermajority approval of the total number of
<br />Councilmembers for certain future amendments to the ordinance. – Councilmember
<br />Phan
<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 Special meeting.
<br />Future Items
<br />1. Water Quality PFAS Presentation with Orange County Water District
<br />
<br />City Council 2 8/29/2023
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