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City Council Meeting AgendaNovember 21, 2023CLOSED SESSION MEETING – 5:00 PMREGULAR OPEN MEETING – 5:30 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 Steven A. MendozaActing City 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/agendasandminutes.
<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. As a
<br />courtesy to the public, the City Council meeting will occur live via teleconference Zoom
<br />webinar. You may view the meeting from your computer, tablet or smart phone via YouTube
<br />LiveStream at www.youtube.com/user/SantaAnaLibrary or on CTV3, available on Spectrum
<br />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 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 – As a courtesy, members of the public may provide live
<br />comments during the meeting by Zoom or Conference Call. To join by Zoom click on or
<br />type the following address into your web browser
<br />https://us02web.zoom.us/j/315965149. To join the Conference Call: Dial (669) 900
<br />9128 and enter MEETING ID: 315 965 149#. You will be prompted by the City Clerk
<br />when it is time for a: i) closed session item, ii) general agenda item, iii) public hearing
<br />item, iv) special agenda item, or v) for Housing Authority item. You may request to
<br />speak by dialing *9 from your phone or you may virtually raise your hand from Zoom.
<br />After the Clerk confirms the last three digits of the caller’s phone number or Zoom ID
<br />and 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 5:00 p.m. for Closed Session items and by 5:45 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 and raise your hand
<br />BY 5:00 p.m. Speakers who are not in the speaker queue with their hand raised by 5:00 p.m.
<br />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 and raise your hand PRIOR TO 5:45 p.m. Speakers who are not in
<br />the speaker queue with their hand raised by 5:45 p.m. will not be permitted to speak.
<br />3. LIVE PUBLIC COMMENTS ON PUBLIC HEARING 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. Speakers not in the queue by 5:45 p.m. will not be
<br />permitted to speak.
<br />4. LIVE PUBLIC COMMENTS ON HOUSING AUTHORITY 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. Speakers not in the queue by 5:45 p.m. will not be
<br />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 />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 />Acting City Manager Steven A. Mendoza
<br />City Attorney Sonia R. Carvalho
<br />City Clerk Jennifer L. Hall
<br />ROLL CALL
<br />ADDITIONS\DELETIONS TO CLOSED SESSION
<br />PUBLIC COMMENTS – Members of the public may address the City Council on Closed
<br />Session items.
<br />RECESS – City Council will recess to Closed Session for the purpose of conducting regular
<br />City business.
<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 Negotiator: Ramon Figueroa, Acting Human Resources Executive Director
<br />Employee Organization:
<br />Service Employees’ International Union (SEIU) PartTime Civil Service
<br />Employees
<br />2.PUBLIC EMPLOYEE EMPLOYMENT/APPOINTMENT pursuant to Government Code
<br />54957
<br />Title: Acting City Manager/Interim City Manager/Permanent City Manager
<br />RECONVENE – City Council will reconvene to continue regular City business.
<br />CITY COUNCIL REGULAR 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 />Acting City Manager Steven A. Mendoza
<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 Carl Gutierrez, Rock of
<br />Salvation Christian Center
<br />ADDITIONS\DELETIONS TO THE AGENDA
<br />CEREMONIAL PRESENTATIONS
<br />1.Certificate of Recognition presented by Mayor Amezcua to The Seva Collective for
<br />Outstanding Contributions to the Community
<br />2.Certificate of Recognition presented by Councilmember Bacerra to Roquette’s Cafe &
<br />Bistro in Honor of their OneYear Anniversary
<br />STAFF PRESENTATIONS
<br />3.Update from League of California Cities
<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, with the exception of public hearings.
<br />Comments for public hearings will take place after the hearing is opened.
<br />CONSENT CALENDAR
<br />RECOMMENDED ACTION: Approve staff recommendations on the following
<br />Consent Calendar Items: 4 through 33 and waive readings for resolutions and
<br />ordinances.
<br />4.Excused Absences
<br />Department(s): City Clerk’s Office
<br />Recommended Action: Excuse the absent members.
<br />5.Minutes from the Special Closed Sessions and Regular Meetings of April 4, 2023 and
<br />April 18, 2023
<br />Department(s): City Clerk’s Office
<br />Recommended Action: Approve minutes.
<br />6.Review and Approve the Annual Calendar of City Council Meetings for 2024
<br />Department(s): City Clerk’s Office
<br />Recommended Action:
<br />1. Review calendar of regularly scheduled City Council meetings in 2024.
<br />2. Cancel the regularly scheduled City Council meetings of January 2, 2024,
<br />August 6, 2024, and November 5, 2024.
<br />3. Direct staff to post Notice(s) of Cancellation and waive notice to the City Council
<br />of said meetings as required by the Government Code.
<br />7.City's Response to Orange County Grand Jury Report: Historic Rain, Yet Drought
<br />Remains
<br />Department(s): Public Works Agency
<br />Recommended Action: Approve the City of Santa Ana's response to the findings and
<br />recommendations of the 20222023 Orange County Grand Jury Report, Historic Rains,
<br />Yet Drought Remains, pursuant to Penal Code Sections 933 and 933.05.
<br />8.Receive and File Quarterly Report of Investments as of September 30, 2023
<br />Department(s): Finance and Management Services
<br />Recommended Action: Receive and file Quarterly Report of Investments as of
<br />September 30, 2023.
<br />9.Receive and File Quarterly Report of Contracts up to $50,000 for NonPublic Works
<br />and up to $500,000 for Public Works Authorized by the City Manager as Permitted by
<br />Charter Section 421
<br />Department(s): Finance and Management Services
<br />Recommended Action: Receive and file Quarterly Report of Contracts entered into
<br />between July 1, 2023 to September 30, 2023.
<br />10.Award Aggregate Blanket Order Contracts to Clean Space Project, LLC & Essential
<br />Care Supplies, Inc. for Nitrile Gloves in a NottoExceed Aggregate Amount of
<br />$200,000 (Specification No. 23139) (General Fund)
<br />Department(s): Police Department
<br />Recommended Action: Award aggregate blanket order contracts to vendors listed
<br />below for the purchase of nitrile gloves on an asneeded basis in an annual amount
<br />not to exceed $40,000, with a total aggregate contract amount not to exceed
<br />$200,000, for an initial oneyear term expiring on November 14, 2024, with provisions
<br />for four, oneyear renewal options, subject to nonsubstantive changes approved by
<br />the City Manager and City Attorney.
<br />Clean Space Project, LLC Wheat Ridge, CO
<br />Essential Cares Supplies, Inc. Los Angeles, CA
<br />11.Amend Blanket Order Contract with Hardy & Harper, Inc. for Asphalt Street
<br />Maintenance to Extend the Final Contract Term for an Additional 12 Month Period and
<br />Increase Total Contract for a Revised Total Not to Exceed Amount of $8,590,000
<br />(Specification No. 18084) (NonGeneral Fund)
<br />Department(s): Public Works Agency
<br />Recommended Action: Authorize the City Manager to execute an amendment to the
<br />blanket order contract with Hardy & Harper, Inc. for asphalt street maintenance to
<br />extend the contract term for an additional 12 month period ending November 30,
<br />2024, and increase the annual contract amount by $850,000 during the final extension
<br />period, for a revised total annual amount of $2,290,000, and total contract amount not
<br />to exceed $8,590,000 subject to nonsubstantive changes approved by the City
<br />Manager and City Attorney.
<br />12.Award a Purchase Order to Terex Utilities for One Terex HiRanger LT40 Bucket
<br />Truck, in an Amount Not to Exceed $246,693 (Specification No. 23166) (General
<br />Fund)
<br />Department(s): Public Works Agency
<br />Recommended Action: Authorize a onetime purchase and payment of purchase
<br />order to Terex Utilities for one Terex HiRanger LT40 Bucket Truck, in the amount of
<br />$241,693, plus a contingency amount of $5,000, for a total amount not to exceed
<br />$246,693, subject to nonsubstantive changes approved by the City Manager and City
<br />Attorney.
<br />13.Award a Purchase Order to National Auto Fleet Group for One Ford Super Duty F
<br />550 Truck, in an Amount Not to Exceed $200,647 (Specification No. 23158) (Non
<br />General Fund)
<br />Department(s): Public Works Agency
<br />Recommended Action: Authorize a onetime purchase and payment of purchase
<br />order to National Auto Fleet Group for one Ford Super Duty F550 Truck, in the
<br />amount of $180,647, plus a contingency amount of $20,000, for a total amount not to
<br />exceed $200,647, subject to nonsubstantive changes approved by the City Manager
<br />and City Attorney.
<br />14.Approve an Appropriation Adjustment and Approve Change Order to Add Funds in
<br />the Amount of $280,000 to an Existing Construction Contract with Excel Paving
<br />Company, Inc. for a Revised Estimated Project Delivery Cost of $2,557,000, for the
<br />West Willits Protected Bicycle Lane Project (Project No. 196948 (ATPSB1L
<br />5063(195))) (NonGeneral Fund).
<br />Department(s): Public Works Agency
<br />Recommended Action:
<br />1. Approve an appropriation adjustment recognizing prioryear fund balance of
<br />$280,000 in the Residential Street Improvement fund, Prior Year Carry
<br />Forward revenue account (AU 058170250001) and appropriate the same
<br />amount into the Residential Street improvement fund, Improvements Other
<br />Than Building expenditure account (AU 0581766066220) for FY 20232024
<br />capital operating expenses. (Requires five affirmative votes).
<br />2. Approve an amendment to the Project Cost Analysis to reflect the new amount
<br />of $488,200 for project contingency for unanticipated or unforeseen work, for a
<br />total Construction Delivery Cost of $2,557,000, subject to nonsubstantive
<br />changes approved by the City Manager.
<br />3. Approve an amendment to the Fiscal Year 202324 Capital Improvement
<br />Program for $280,000 for construction contingency funds, for the West Willits
<br />Protected Bicycle Lane Project (Project No. 196948).
<br />15.Approve Agreement with XV Solutions to Provide SCADA Network Consulting and
<br />Support Services in an Amount Not to Exceed $750,000 for Up to a FiveYear Term
<br />(NonGeneral Fund)
<br />Department(s): Public Works Agency
<br />Recommended Action: Authorize the City Manager to execute an agreement with
<br />XV Solutions to provide oncall supervisory control and data acquisition network
<br />consulting and support services, for a total amount not to exceed $750,000, for a
<br />threeyear term beginning November 21, 2023 and expiring November 20, 2026, with
<br />provisions for one, twoyear extension, subject to nonsubstantive changes approved
<br />by the City Manager and City Attorney (Agreement No. 2023XXX).
<br />16.Approve an Agreement with Little Diversified Architectural Consulting, Inc. for the
<br />Design Services for a Park Master Plan and Community Center at Chepa’s Park
<br />(Project No. 247533) (NonGeneral Fund)
<br />Department(s): Public Works Agency
<br />Recommended Action: Authorize the City Manager to execute a consultant
<br />agreement with Little Diversified Architectural Consulting, Inc. to provide a park
<br />master plan and design for a new community center in the amount of $441,512, with a
<br />contingency of $58,488, for a total amount not to exceed $500,000, for a threeyear
<br />term beginning November 21, 2023 and expiring November 20, 2026, with an option
<br />for two, oneyear extensions, subject to nonsubstantive changes approved by the City
<br />Manager and City Attorney (Agreement No. 2023XXX).
<br />17.Approve Agreements with Earth Mechanics, Inc., Geocon West, Inc., Kleinfelder, Inc.,
<br />Leighton Consulting, Inc., and Ninyo & Moore Geotechnical and Environmental
<br />Sciences Consultants for OnCall Geotechnical Engineering Services dba Ninyo &
<br />Moore in an Aggregate Amount Not to Exceed $2,000,000, for Up to a FiveYear
<br />Term (General Fund and NonGeneral Fund)
<br />Department(s): Public Works Agency
<br />Recommended Action: Authorize the City Manager to execute agreements with
<br />Earth Mechanics, Inc., Geocon West, Inc., Kleinfelder, Inc., Leighton Consulting, Inc.,
<br />and Ninyo & Moore Geotechnical and Environmental Sciences Consultants to provide
<br />oncall geotechnical engineering services for a shared aggregate amount not to
<br />exceed $2,000,000, for a threeyear term beginning November 21, 2023 and expiring
<br />on November 20, 2026, with the provision for one twoyear extension, subject to non
<br />substantive changes approved by the City Manager and City Attorney (Agreement No.
<br />2023XXX).
<br />18.Approve Third Amendment with E Source Companies, LLC to Extend the Agreement
<br />Term and Increase the Total Agreement Amount by $250,000 for Automated Metering
<br />Infrastructure Planning and Implementation Services (NonGeneral Fund) (Project 16
<br />6460)
<br />Department(s): Public Works Agency
<br />Recommended Action: 1. Authorize the City Manager to execute a third
<br />amendment to the agreement with E Source Companies, LLC to extend the term to
<br />expire November 20, 2024, and increase the total compensation by $250,000,
<br />subject to nonsubstantive changes approved by the City Manager and City Attorney
<br />(Agreement No. 2023XXX).
<br />2. Approve an amendment to the FY 202324 Capital Improvement Program to
<br />include $250,000 in planning funds for the Automated Metering Infrastructure Project.
<br />19.Approve Agreement with AVEVA Select California for Wonderware Software Support
<br />Services and Licensing in an Amount Not to Exceed $291,621.75 for Up to a Three
<br />Year Term (NonGeneral Fund)
<br />Department(s): Public Works Agency
<br />Recommended Action: Authorize the City Manager to execute an agreement with
<br />AVEVA Select California to provide SCADA software, hardware, and installation
<br />services to the City’s water production facilities in an amount of $277,735 with a 5%
<br />contingency of $13,886.75, for a total not to exceed $291,621.75, for a threeyear
<br />term beginning November 21, 2023 and expiring November 20, 2026, subject to non
<br />substantive changes approved by the City Manager and City Attorney (Agreement No.
<br />2023 XXX).
<br />20.Approve an Amendment with Sedaru, formerly known as ID Modeling, Inc., to Extend
<br />the Agreement Term through June 30, 2024 for Water System Modeling Software
<br />(NonGeneral Fund)
<br />Department(s): Public Works Agency
<br />Recommended Action: Authorize the City Manager to execute a second
<br />amendment to the agreement with Sedaru for Water System Modeling Software to
<br />extend the existing term to expire June 30, 2024, with no supplementary expenses to
<br />the previously executed amount, subject to nonsubstantive changes approved by the
<br />City Manager and City Attorney (Agreement No. 2023XXX).
<br />21.Amend Agreement with EEC Environmental for Waste Discharge Requirement
<br />Compliance Services by an Additional $250,000 for the Remainder of the Agreement
<br />Term (NonGeneral Fund)
<br />Department(s): Public Works Agency
<br />Recommended Action: Authorize the City Manager to execute a first amendment to
<br />the agreement with EEC Environmental for Waste Discharge Requirement
<br />compliance services to increase the total amount by $250,000 for the remainder of
<br />the term, subject to nonsubstantive changes approved by the City Manager and City
<br />Attorney (Agreement No. 2023XXX).
<br />22.Approve Agreement with Jacob Green & Associates for Consultant Services Related
<br />to City Manager Recruitment (General Fund)
<br />Department(s): City Attorney’s Office, Human Resources
<br />Recommended Action: Approve an agreement with Jacob Green & Associates for
<br />organizational and leadership development consulting services, including executive
<br />search services for recruitment for a permanent City Manager, for a term beginning
<br />November 21, 2023 and ending June 30, 2024 with one optional sixmonth extension,
<br />in an amount not to exceed $50,000 (Agreement No. 2023XXX).
<br />23.Approve Agreement for Legal Counsel Services and Approve a Separate Agreement
<br />for Special Services: Training and Consulting Services with Liebert Cassidy
<br />Whitmore (LCW); Approve Amendment to Agreement with Richards Watson &
<br />Gerson APC for Legal Services; Approve Agreement with Ring Bender for Legal
<br />Services; and Approve Agreement with Goldfarb & Lipman LLP for Legal Services
<br />(General Fund)
<br />Department(s): City Attorney Office, Human Resources
<br />Recommended Action:
<br />1. Authorize the City Manager to execute an Agreement with LCW to provide special
<br />legal counsel services for an amount not to exceed $300,000 for a term beginning
<br />November 21, 2023 and ending December 31, 2026 with one optional oneyear
<br />extension, subject to nonsubstantive changes approved by the City Manager and
<br />City Attorney (Agreement No. 2023XXX).
<br />2. Authorize the City Manager to execute a separate Agreement for Special Services
<br />with LCW to provide training and consulting services as a member of the Orange
<br />County Employment Relations Committee, renewable annually, in an amount not to
<br />exceed $5,000 plus a 5% annual increase, per year, subject to nonsubstantive
<br />changes approved by the City Manager and City Attorney (Agreement No. 2023
<br />XXX).
<br />3. Authorize the City Manager to execute a first amendment to an agreement with the
<br />law firm of Richards Watson & Gershon APC (RWG) for legal services for
<br />municipal advisory and litigation services including, but not limited to, elections
<br />work and employment matters, for the period of June 1, 2020 until May 31, 2024,
<br />in an amount not to exceed $300,000 for a total amount not to exceed $550,000,
<br />subject to nonsubstantive changes approved by the City Manager and the City
<br />Attorney (Agreement No. 2023XXX).
<br />4. Authorize the City Manager to execute a legal services agreement with the law firm
<br />of Ring Bender LLP for municipal litigation services, including but not limited to
<br />litigation regarding AC 2525 Main v. City of Santa Ana, for the period of November
<br />21, 2023 to June 30, 2026, with an option to extend for up to one year, in an
<br />amount not to exceed $500,000, subject to nonsubstantive changes approved by
<br />the City Manager and City Attorney (Agreement No. 2023XXX).
<br />5. Authorize the City Manager to execute a legal services agreement with the law firm
<br />of Goldfarb & Lipman LLP for municipal advisory and litigation services, including
<br />but not limited to, defending the City in litigation challenging the Rent Stabilization
<br />and Just Cause Eviction Ordinance, housing, affordable housing, fair housing, rent
<br />stabilization, land use, and real property issues for the period of November 21,
<br />2023 to November 30, 2026, with an option to extend for up to one year, in an
<br />amount not to exceed $500,000, subject to nonsubstantive changes approved by
<br />the City Manager and City Attorney (Agreement No. 2023XXX).
<br />24.Award a Purchase Order to Vector Resources, Inc. and approve an agreement with
<br />Hewlett Packard Enterprise Company for Aruba wireless communication technology
<br />hardware and services in a total not to exceed amount of $555,407 (Specification No.
<br />23145) (NonGeneral Fund) (Revive Santa Ana Program)
<br />Department(s): Information Technology
<br />Recommended Action: 1. Authorize a onetime purchase and payment of Purchase
<br />Order to Vector Resources, Inc. for Aruba wireless communication technology
<br />hardware and services in an amount not to exceed $482,962, plus a 15% contingency
<br />of $72,445, for a total not to exceed amount of $555,407, subject to nonsubstantive
<br />changes approved by the City Manager and City Attorney.
<br />2. Authorize the City Manager to execute an agreement with Hewlett Packard
<br />Enterprise Company for HPE’s Aruba High Touch Services. Vector Resources, Inc. is
<br />an authorized indirect reseller of Hewlett Packard Enterprise Company. Funding for
<br />HPE’s Aruba High Touch Services will be issued to Vector Resources, Inc. There is no
<br />fiscal impact directly associated with Hewlett Packard Enterprise Company
<br />(Agreement 2023XXX).
<br />25.Appropriation Adjustment and Agreement Accepting $640,000 from the State Office
<br />of Traffic Safety for Selective Traffic Enforcement Program (NonGeneral Fund)
<br />Department(s): Police Department
<br />Recommended Action: 1. Authorize the City Manager to execute an agreement with
<br />the State of California Office of Traffic Safety for the Selective Traffic Enforcement
<br />Program, for a oneyear period beginning October 1, 2023 through September 30,
<br />2024, in an amount not to exceed $640,000, subject to nonsubstantive changes
<br />approved by the City Manager and City Attorney (Agreement No. 2023XXX).
<br />2. Approve an appropriation adjustment accepting $640,000 in the Office of Traffic
<br />Safety, Federal GrantIndirect revenue account and appropriate same to the Selective
<br />Traffic Enforcement Program expenditure accounts. (Requires five affirmative votes)
<br />26.Approve Memorandum of Understanding and Appropriation Adjustment Accepting the
<br />FY 2023 Edward Byrne Memorial Justice Assistance Grant (NonGeneral Fund)
<br />Department(s): Police Department
<br />Recommended Action: 1. Authorize the City Manager and the Chief of Police to
<br />execute a Memorandum of Understanding with the County of Orange, Sheriff’s
<br />Department accepting the 2023 Edward Byrne Memorial Justice Assistance Grant in
<br />the amount of $110,336, subject to nonsubstantive changes approved by the City
<br />Manager and City Attorney (Agreement No. 2023XXX).
<br />2. Approve an appropriation adjustment recognizing $110,336 in the Law
<br />Enforcement Grants revenue account and appropriate same to the Byrne Justice
<br />Assistance expenditure accounts. (Requires five affirmative votes.)
<br />27.Approve Agreements with MissionCentered Solutions, Inc. in the Amount of
<br />$189,875 and Utility Response Training Associates, LLC in the Amount of $134,600
<br />to Provide Training Services for the Urban Area Security Initiative Grant Program
<br />(NonGeneral Fund)
<br />Department(s): Police Department
<br />Recommended Action: Authorize the City Manager to execute threeyear
<br />agreements, with two oneyear renewal options, with the following two vendors to
<br />provide ongoing training deliverables to the Anaheim/Santa Ana Urban Area on an
<br />asneeded basis, for the period of November 21, 2023 through November 20, 2026 in
<br />an aggregate amount not to exceed $324,475, subject to nonsubstantive changes
<br />approved by the City Manager and City Attorney:
<br />MissionCentered Solutions, Inc. – total amount not to exceed $189,875
<br />(Agreement No. 2023XXX)
<br />Utility Response Training Associates, LLC – total amount not to exceed
<br />$134,600(Agreement No. 2023XXX)
<br />28.Adopt a Resolution, Approve a Memorandum of Understanding and Appropriation
<br />Adjustment Accepting Additional FY 2022 Urban Area Security Initiative Grant
<br />Program Funds (NonGeneral Fund)
<br />Department(s): Police Department
<br />Recommended Action:
<br />1. Adopt a resolution authorizing and directing the City Manager and the Chief of
<br />Police or their designee(s) to accept an additional $105,000 in FY 2022 Urban
<br />Area Security Initiative Funding, increasing the subrecipient award from
<br />$1,822,800 to $1,927,800.
<br />RESOLUTION NO. 2023XXX entitled A RESOLUTION OF THE CITY
<br />COUNCIL OF THE CITY OF SANTA ANA ACCEPTING ADDITIONAL FY2022
<br />URBAN AREA SECURITY INITIATIVE SUBRECIPIENT FUNDING AND
<br />APPROPRIATION ADJUSTMENT
<br />2. Approve an Appropriation Adjustment recognizing an additional $105,000 in
<br />grant revenue from the FY 2022 Urban Area Security Initiative funding program
<br />revenue account and appropriate same to the FY 2022 Urban Area Security
<br />Initiative Program Grant expenditures accounts. (Requires five affirmative
<br />votes).
<br />3. Authorize the City Manager and the Chief of Police to execute the
<br />Memorandum of Understanding with the City of Anaheim for the FY 2022
<br />Urban Area Security Initiative Grant Program, subject to nonsubstantive
<br />changes approved by the City Manager and City Attorney (Agreement No.
<br />2023XXX).
<br />29.Adopt Resolutions Authorizing Grant Applications for the Fiscal Year 202425
<br />Measure M2 Comprehensive Transportation Funding Program (NonGeneral Fund)
<br />Department(s): Public Works Agency
<br />Recommended Action: 1. Adopt Resolutions authorizing the City of Santa Ana to
<br />submit applications for funding consideration under the Measure M2 Comprehensive
<br />Transportation Funding Program 202425 Call for Projects.
<br />RESOLUTION NO. 2023XXX entitled A RESOLUTION OF THE CITY COUNCIL OF
<br />THE CITY OF SANTA ANA APPROVING THE SUBMITTAL OF IMPROVEMENT
<br />PROJECTS TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR
<br />FUNDING UNDER THE COMPREHENSIVE TRANSPORTATION PROGRAM
<br />RESOLUTION NO. 2023XXX entitled A RESOLUTION OF THE CITY COUNCIL OF
<br />THE CITY OF SANTA ANA APPROVING THE SUBMITTAL OF IMPROVEMENT
<br />PROJECTS TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR
<br />FUNDING UNDER THE REGIONAL TRAFFIC SIGNAL SYNCHRONIZATION
<br />PROGRAM
<br />2. Direct Staff to incorporate approved Comprehensive Transportation Funding
<br />Program projects into the SevenYear Capital Improvement Program for Fiscal Year
<br />202425.
<br />30.Resolution and Authorization to Carry Over Grant Funds to the 2025 Federal
<br />Transportation Improvement Program as required by Funding Agency
<br />Department(s): Public Works Agency
<br />Recommended Action:
<br />1. Authorize the City Manager to submit selected projects to the Orange County
<br />Transportation Authority for inclusion into the 2025 Federal Transportation
<br />Improvement Program.
<br />2. Adopt a Resolution certifying that the City has the resources to fund the projects
<br />submitted for inclusion into the 20252030 Federal Transportation Improvement
<br />Program, and confirm the City’s commitment to implement all projects submitted to
<br />the program.
<br />RESOLUTION NO. 2023XXX entitled A RESOLUTION OF THE CITY COUNCIL OF
<br />THE CITY OF SANTA ANA CERTIFYING THAT THE CITY HAS THE RESOURCES
<br />TO FUND PROJECTS IN THE 2023/242029/30 TRANSPORTATION
<br />IMPROVEMENT PROGRAM AND AFFIRMING THE CITY’S COMMITMENT TO
<br />IMPLEMENT ALL PROJECTS IN THE PROGRAM
<br />31.Density Bonus Agreement No. 202302 to Facilitate the Construction of a Rental
<br />Residential Development Consisting of 22 Apartment Units, with Two Units Proposed
<br />as Affordable to Very Low Income Households
<br />Department(s): Planning and Building Agency
<br />Recommended Action:
<br />1. Adopt a resolution approving Density Bonus No. 202302 as conditioned.
<br />RESOLUTION NO. 2023XXX entitled A RESOLUTION OF THE CITY
<br />COUNCIL OF THE CITY OF SANTA ANA APPROVING DENSITY BONUS
<br />AGREEMENT NO. 202302 AS CONDITIONED FOR A NEW RENTAL
<br />RESIDENTIAL DEVELOPMENT WITH TWENTYTWO UNITS FOR THE
<br />PROPERTY LOCATED AT 322 NORTH HARBOR BOULEVARD (APN: 198
<br />05117) (includes determination that no additional environmental review will be
<br />required in accordance with the California Environmental Quality Act as a
<br />Notice of Exemption, Environmental Review No. 202212 will be filed for this
<br />project)
<br />2. Authorize the City Manager to execute a Density Bonus Agreement with P&P
<br />Bros Corp., for a 55year term, for a rental residential development consisting of
<br />22 apartment units, with two units proposed as affordable to very low income
<br />households at 322 N. Harbor Boulevard, subject to nonsubstantive changes
<br />approved by the City Manager and City Attorney (Agreement No. 2023XXX).
<br />32.Resolution Approving Appeal Application Nos. 202302 and 202303 and Overturning
<br />the Determination of the Planning Commission, Thereby Denying Site Plan Review
<br />(SPR) No. 202301 and Tentative Tract Map (TTM) No. 202303 (County Map No.
<br />19243) to Facilitate the Construction of a MixedUse Development Known as Cabrillo
<br />Town Center at 1901 E. Fourth Street
<br />Department(s): Planning and Building Agency
<br />Recommended Action:
<br />Adopt a resolution documenting the City Council decision of October 3, 2023, denying
<br />SPR No. 202301 and TTM No. 202303 for the Cabrillo Town Center at 1901 E.
<br />Fourth Street.
<br />RESOLUTION NO. 2023XXX entitled A RESOLUTION OF THE CITY COUNCIL OF
<br />THE CITY OF SANTA ANA APPROVING APPEAL APPLICATION NOS. 202302
<br />AND 202303 AND OVERTURNING THE DETERMINATION OF THE PLANNING
<br />COMMISSION, THEREBY DENYING SITE PLAN REVIEW (SPR) NO. 202301 AND
<br />TENTATIVE TRACT MAP (TTM) NO. 202303 (COUNTY MAP NO. 19243) TO
<br />FACILITATE THE CONSTRUCTION OF A MIXEDUSE DEVELOPMENT KNOWN
<br />AS CABRILLO TOWN CENTER AT 1901 AND 1971 EAST FOURTH STREET AND
<br />515 AND 525 NORTH CABRILLO PARK DRIVE, COLLECTIVELY 1901 EAST
<br />FOURTH STREET (APNS: 40005102; 40005109; 40005114; AND 40005115)
<br />33.Second OneYear Extension of Site Plan Review No. 201603 and Variance Nos.
<br />201705 and 201706 for The Madison MixedUse Development Project Located at
<br />200 North Cabrillo Park Drive
<br />Department(s): Planning and Building Agency
<br />Recommended Action:
<br />1. Adopt a resolution approving a second oneyear extension of Site Plan Review
<br />No. 201603, Variance No. 201705, and Variance No. 201706.
<br />RESOLUTION NO. 2023XXX entitled A RESOLUTION OF THE CITY COUNCIL
<br />OF THE CITY OF SANTA ANA APPROVING A ONEYEAR EXTENSION OF SITE
<br />PLAN REVIEW NO. 201603, VARIANCE NO. 201705, AND VARIANCE NO.
<br />201705, AND VARIANCE NO. 201706 FOR THE MADISON MIXEDUSE
<br />DEVELOPMENT TO BE LOCATED AT 200 NORTH CABRILLO PARK DRIVE
<br />2. Determine that in accordance with the California Environmental Quality Act
<br />(CEQA), the approval of the time extension is exempt form CEQA per Section
<br />15061(b)(3).
<br />**END OF CONSENT CALENDAR**
<br />BUSINESS CALENDAR
<br />34.Appointment of Interim City Manager pursuant to Government Code Section 21221(h)
<br />(Interim City Manager)(General Fund)
<br />Department(s): City Attorney’s Office
<br />Recommended Action: Adopt Resolution appointing an Interim City Manager
<br />effective November 21, 2023 and authorizing the Mayor to execute an employment
<br />agreement (Agreement No. 2023XXX).
<br />RESOLUTION NO. 2023XXX entitled A RESOLUTION OF THE CITY COUNCIL OF
<br />THE CITY OF SANTA ANA APPOINTING THOMAS R. HATCH AS CITY MANAGER
<br />ON AN INTERIM BASIS AND APPROVING EMPLOYMENT AGREEMENT
<br />35.Ordinance Amending Section 2325 of the Santa Ana Municipal Code to Provide that
<br />Compensation for City Boards and Commissions Shall be Set by Resolution of the
<br />City Council
<br />Department(s): City Manager’s Office
<br />Recommended Action: Approve the first reading of an ordinance amending Section
<br />2325 the Santa Ana Municipal Code to provide that compensation for City Boards
<br />and Commissions shall be set by resolution of the City Council.
<br />ORDINANCE NO. NSXXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF
<br />THE CITY OF SANTA ANA AMENDING SECTION 2325 OF THE SANTA ANA
<br />MUNICIPAL CODE TO PROVIDE THAT COMPENSATION FOR CITY BOARDS AND
<br />COMMISSIONS SHALL BE SET BY RESOLUTION OF THE CITY COUNCIL
<br />36.Nominate and Appoint a Representative to Serve on the Orange County Mosquito
<br />and Vector Control Board of Trustees to Serve Either a TwoYear or a FourYear Term
<br />Department(s): City Clerk Office
<br />Recommended Action: Nominate and appoint a representative to serve on the
<br />Orange County Mosquito and Vector Control Board to Serve Either a TwoYear or
<br />FourYear Term, Effective January 1, 2024
<br />**END OF BUSINESS CALENDAR**
<br />PUBLIC HEARINGS
<br />PUBLIC COMMENTS – Members of the public may address the City Council on each of the
<br />Public Hearing items.
<br />37.Appeal No. 202307 Appealing Planning Commission Denial of CUP No. 202318 for
<br />Anchor Stone Christian Church to Allow a Proposed Assembly Use at 2938 South
<br />Daimler Street
<br />Legal notice published in the Orange County Reporter on November 8, 2023 and
<br />notices mailed on November 9, 2023.
<br />Department(s): Planning and Building Agency
<br />Recommended Action: Adopt a resolution denying Appeal Application No. 202307
<br />and upholding the determination of the Planning Commission to deny Conditional Use
<br />Permit No. 202318.
<br />RESOLUTION NO. 2023XXX entitled A RESOLUTION OF THE CITY COUNCIL OF
<br />THE CITY OF SANTA ANA DENYING APPEAL NO. 202307 AND UPHOLDING THE
<br />DETERMINATION OF THE PLANNING COMMISSION TO DENY CONDITIONAL
<br />USE PERMIT NO. 202318 TO ALLOW AN ASSEMBLY USE TO OPERATE AT
<br />2938 SOUTH DAIMLER STREET
<br />38.Public Facilities Naming No. 202301, Abandonment No. 202303, General Plan
<br />Amendment No. 202301, and Amendment Application No. 202301 for Standard and
<br />McFadden Public Park located at 1117 S. Standard Avenue
<br />Legal notice published in the OC Reporter on November 10, 2023 and notices mailed
<br />on November 9, 2023.
<br />Department(s): Planning and Building Agency
<br />Recommended Action:
<br />1. Affirm the Planning Commission’s adoption of a resolution approving Public
<br />Facilities Naming No. 202301 (Gerardo Mouet Park); and
<br />2. Adopt a resolution approving Abandonment No. 202303; and
<br />RESOLUTION NO. 2023XXX entitled A RESOLUTION OF THE CITY
<br />COUNCIL OF THE CITY OF SANTA ANA SUMMARILY VACATING A PORTION
<br />OF A PUBLIC SERVICE EASEMENT ADJACENT TO 1117 SOUTH
<br />STANDARD AVENUE (ABANDONMENT NO. 202303) (includes
<br />determination that the vacation is exempt from review under the California
<br />Environmental Quality Act (CEQA) pursuant to Section 15378pf of the State
<br />CEQA Guidelines because it can be seen with certainty that there is no
<br />possibility that it will have a significant impact on the environment)
<br />3. Adopt a resolution approving General Plan Amendment No. 202301; and
<br />RESOLUTION NO. 2023XXX entitled A RESOLUTION OF THE CITY
<br />COUNCIL OF THE CITY OF SANTA ANA APPROVING GENERAL PLAN
<br />AMENDMENT NO. 202301 TO CHANGE THE GENERAL PLAN
<br />AMENDMENT LAND USE DESIGNATIONS FOR THE PROPERTIES
<br />RECOGNIZED AS ASSESSOR PARCEL NUMBERS 01125138 AND 011
<br />25139 (from Low Density Residential (LR7) to Open Space (OS))
<br />4. Adopt the first reading of an ordinance approving Amendment Application No.
<br />202301; and
<br />ORDINANCE NO. 2023XXX entitled AN ORDINANCE OF THE CITY
<br />COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT
<br />APPLICATION NO. 202301 REZONING THE PROPERTIES LOCATED 1113,
<br />1117, 1121, AND 1125 SOUTH STANDARD AVENUE AND RECOGNIZED AS
<br />ASSESSOR PARCEL NUMBERS 01125117, 01125118, 01125119, 011
<br />25120, 01125138 AND 01125139 (from MultipleFamily Residence (R3) to
<br />Open Space Land (O); read by title only and waive further reading.
<br />5. Determine that in accordance with the California Environmental Quality Act
<br />(CEQA) and Section 15162 of the CEQA Guidelines, the project is within the
<br />scope of the 2022 Santa Ana General Plan Environmental Impact Report (EIR)
<br />(SCH No. 2020029087). Furthermore, these actions are categorically exempt
<br />from further review per Section 15304 (Class 4 – Minor Alterations of Land) of
<br />the CEQA Guidelines. Class 4 consists of minor public or private alterations in
<br />the condition of land, water, and/or vegetation which do not involve removal of
<br />healthy, mature, scenic trees except for forestry and agricultural purposes. As
<br />such, a Notice of Determination, Environmental Review No. 202078, will be
<br />filed for this project.
<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. Sanitation Fee Cost of Service Study and Prop. 218 Process Authorization
<br />POSTING STATEMENT: On November 14, 2023, a true and correct copy of this agenda was
<br />posted at the entrance to City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. Internet
<br />Access to City Council, Agency, and Authority agendas and related material is available prior
<br />to meetings at santaana.org/agendasandminutes
<br />
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