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Home My WebLink About AGENDA_2021-05-18City Council Meeting Agenda May 18, 2021 CLOSED SESSION MEETING - 5:00 PM REGULAR OPEN MEETING - 5:45 PM (Immediately following the Closed Session Meeting) CITY COUNCIL CHAMBER 22 Civic Center Plaza Santa Ana, CA 92701 Due to Governor Gavin Newsom's Executive Order and the City Council's Proclamation of Local Emergency, there will be no in -person meeting location for the community to attend public meetings. RE Vicente Sarmiento Mayor Thai Viet Phan Councilmember —Ward 1 Jessie Lopez Councilmember - Ward 3 Johnathan Ryan Hernandez Councilmember - Ward 5 David Penaloza Mayor Pro Tem - Ward 2 Phil Bacerra Councilmember - Ward 4 Nelida Mendoza Councilmember - Ward 6 Mayor and Council telephone: 714-647-6900 Agenda item inquiries: 714-647-6520 Sonia R. Carvalho Kristine Ridge City Attorney City Manager Daisy Gomez Clerk of the Council In 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) 647-5624. Notification 48 hours prior to the Meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supporting documentation can be found on the City's website —www.santa-ana.org/city-meetings. Page 1 of 12 5/18/2021 CITY VISION AND CODE OF ETHICS The City of Santa Ana is committed to achieving a shared vision for the organization and its community. The Vision, Mission and Guiding Principles (Values) are the result of a thoughtful and inclusive process designed to set the City and organization on a course that meets the challenges of today and tomorrow, as follows: Vision - The dynamic center of Orange County which is acclaimed for our: Investment in youth • Safe and healthy community • Neighborhood pride • Thriving economic climate Enriched and diverse culture • Quality government services Mission - To deliver efficient public services in partnership with our community which ensures public safety, a prosperous economic environment, opportunities for our youth, and a high quality of life for residents. Guiding Principles - Collaboration • Efficiency • Equity • Excellence • Fiscal Responsibility Innovation • Transparency Code 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 and Conduct for elected officials and members of appointed boards, commissions, and committees to assure public confidence. The following are the core values expressed: Integrity • Honesty • Responsibility • Fairness • Accountability • Respect • Efficiency Page 2 of 12 5/18/2021 Due to Governor Gavin Newsom's Executive Order and the City Council's Proclamation of Local Emergency, there will be no in -person meeting location for members of the public to attend the City Council meeting. The City Council meeting will occur live via teleconference Zoom webinar. You may view the meeting from your computer, tablet or smart phone via YouTube LiveStream at www.youtube.com/user/SantaAnaLibrary or on CTV3, available on Spectrum channel 3 and AT&T U-verse channel 99. PUBLIC COMMENTS — Members of the public who wish to address the City Council on closed session items, items on the regular agenda or on matters which are not on the agenda, but are within the subject matter jurisdiction of the City Council may do so by: 1. MAILING OPTION written communications — Public comments may be mailed to: Office of the Clerk of the Council, 20 Civic Center Plaza M-30, Santa Ana, CA 92701. All written communications received via mail by 4:00 p.m. on the day of the meeting will be distributed to the City Council and imaged into the City's document archive system which is available for public review. 2. SENDING E-MAIL OPTION — Public comments may be sent via email to the City Clerk's office at eComment(a)santa-ana.org. Please note the agenda item you are commenting on in the subject line of the email. All emails received before 4:00 p.m. on the day of the meeting will be distributed to the City Council and imaged into the City's document archive system which is available for public review. 3. PROVIDING LIVE COMMENTS OPTION — Members of the public may provide live comments during the meeting by Zoom or Conference Call. To join by Zoom click on or type the following address into your web browser https://us02web.zoom.us/m/315965149. To join the Conference Call: Dial (669) 900-9128 and enter MEETING ID: 315 965 149#. You will be prompted by the City Clerk when it is time for i) general public comment, ii) to speak on a specific agenda item or iii) for a public hearing item. You may request to speak by dialing '9 from your phone or you may virtually raise your hand from Zoom. After the Clerk confirms the last three digits of the caller's phone number or Zoom ID and unmutes them, the caller must press *6 or microphone icon to speak. Callers are encouraged, but not required, to identify themselves by name. Each caller will be provided three (3) minutes to speak, unless due to the number of speakers wanting to speak a decision is made to provide a different amount of time to speak. LIVE PUBLIC COMMENTS ON CLOSED SESSION ITEMS — You can provide live comments on closed session items by joining Zoom or the Conference Call as described in the LIVE COMMENTS OPTION above. Speaker queue will open at 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 6:00 p.m. will not be permitted to speak. LIVE PUBLIC COMMENTS ON REGULAR AGENDA ITEMS AND NON -AGENDA ITEMS (GENERAL PUBLIC COMMENT) — You can provide comments by joining Zoom or the Conference Call as described in the LIVE COMMENTS OPTION above. Speaker queue will open at 4:30 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL PRIOR TO 6:00 p.m. Speakers who are not in the speaker queue by 6:00 p.m. will not be permitted to speak. Page 3 of 12 5/18/2021 LIVE PUBLIC COMMENTS ON PUBLIC HEARING ITEMS —You can provide comments by joining Zoom or the Conference Callas described in the LIVE COMMENTS OPTION above. Speakers not in the queue by 6:00 p.m. will not be permitted to speak. About the Agenda To download or view the attachments (staff report and other supporting documentation) for each agenda item, you must select the agenda item to see the attachments to either open in a new link (the eyeball <1>) or download a pdf (the cloud symbol with the down arrow CLOSED SESSION CALL TO ORDER ATTENDANCE Council Members Mayor Pro Tern Mayor City Manager City Attorney Clerk of the Council Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez Nelida Mendoza 11l1T.MT i_i :2 i"f7i1• David Penaloza Vicente Sarmiento Kristine Ridge Sonia R. Carvalho Daisy Gomez PUBLIC COMMENTS — Members of the public may address the City Council on Closed Session items. CLOSED SESSION ITEMS — The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation: 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. 1. CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Government Code Section 54956.8: Address of Property: 625 S. Cypress Avenue, Santa Ana, CA 92701 (APN# 404-102- 06) Negotiators: City Manager Kristine Ridge Negotiating Party: T.R. Customs, Owner, Taylor J. Rudd Page 4 of 12 5/18/2021 Terms: Potential Sale of Cypress Fire Station 2. CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code: A. City of Santa Ana v. County of Orange, et al, United States District Court Case No. SA CV 20-0069-DOC (DFMx) B. Orange County Catholic Worker, et al. v. Orange County, et al.., U.S. District Court (Central District of California), Case No. SA CV 18-0155-DOC (KESx) C. City of Santa Ana v. County of Orange, et al., (Cross -Complaint), U.S. District Court (Central District of California), Case No. SA CV 18-0155-DOC (KESx) 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. Page 5 of 12 5/18/2021 CITY COUNCIL REGULAR OPEN SESSION CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE INVOCATION Mayor Sarmiento Bob Barnett, Police Chaplain CEREMONIAL PRESENTATIONS 1. Proclamation presented by Councilmember Bacerra recognizing May 16th — 22nd, 2021 as National Public Works Week. 2. Certificate of Recognition presented by Councilmember Hernandez to Sarinana's Tamale Factory for Outstanding Contributions to the Community. 3. Certificate of Recognition presented by Councilmember Mendoza to Verenice Cuella, El Pico de Gallo Grill for Outstanding Contributions to the Community. 4. Proclamation presented by Councilmember Phan recognizing Mayas Asian American and Pacific Islander Heritage Month. STAFF PRESENTATIONS 5. COVID-19 Update in the Community. 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 non -agenda items, with the exception of public hearings. Comments for public hearings will take place after the hearing is opened. CONSENT CALENDAR RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 6 through 20. 6. Excused Absences Department(s): Clerk of the Council Recommended Action: Excuse the absent members. 7. Receive and File Quarterly Report of Contracts COVID-19 and non-COVID-19 Related Page 6 of 12 5/18/2021 up to $50,000 for Non -Public Works and up to $250,000 for Public Works Authorized by the City Manager as Permitted by Charter Section 421 Department(s): Finance and Management Services Recommended Action: Receive and file Quarterly Report of Contracts (COVID-19 and non-COVID-19 related) entered into between January 1, 2021 to March 31, 2021, valued at up to $50,000 for non-public works contracts and agreements, up to $250,000 for public works contracts and agreements and contracts and agreements related to COVID-19. 8. Receive and File Quarterly Report of Investments as of March 31, 2021 Department(s): Finance and Management Services Recommended Action: Receive and file. 9. Award a Purchase Order in the Amount of $45,799 to Theodore Robins Ford for one Ford Super Duty F450XL Chassis Cab (Specification No. 21-027) (General Fund) Department(s): Public Works Agency and Parks, Recreation and Community Services Agency Recommended Action: Authorize a one-time purchase and payment of a purchase order to Theodore Robins Ford for one Ford Super Duty F450XL Chassis Cab in the amount of $40,799, plus a contingency of $5,000, for a total amount not to exceed $45,799, subject to non -substantive changes approved by the City Manager and City Attorney. 10. Award a Purchase Order to Core & Main LP, Ferguson Enterprises LLC, and Western Water Works Supply Company in an Aggregate Amount Not to Exceed $2,125,000 for a Five -Year Term for Waterworks Fittings and Supplies (Specification No. 21-012) (Non -General Fund) Department(s): Public Works Agency Recommended Action: Award blanket purchase order contracts to Core & Main LP, Ferguson Enterprises LLC, and Western Water Works Supply Company for waterworks fittings and supplies for a three-year period beginning May 18, 2021 and expiring May 17, 2024, with provisions for two one-year renewal periods exercisable by the City Manager and City Attorney, in an annual amount not to exceed $425,000, for a total aggregate amount of $2,125,000, subject to non -substantive changes approved by the City Manager and City Attorney. 11. Award Construction Contract to Servitek Electric, Inc. in the Amount of $446,950 for the Jerome Park Ballfield Lighting Project with an Estimated Project Delivery Cost of $555,350 (Project No. 20-7530) (Non -General Fund) Department(s): Public Works Agency and Parks, Recreation, and Community Services Agency Page 7 of 12 5/18/2021 Recommended Action: 1. Award a construction contract to Servitek Electric, Inc., the lowest responsible bidder, in accordance with the base bid plus add alternate bids, in the amount of $446,950 for construction of Jerome Park Ballfield Lighting Project, for the term beginning May 18, 2021 and ending upon project completion, and authorize the City Manager to execute the contract subject to non -substantive changes approved by the City Manager and the City Attorney. 2. Approve the Project Cost Analysis for a total estimated construction delivery cost of $555,350, which includes $446,950 for the construction contract, $63,400 for contract administration, inspection and testing, and a $45,000 project contingency for unanticipated or unforeseen work. 3. Approve an amendment to the Fiscal Year 2020-21 Capital Improvement Program to include in construction funds $100,000 from the Cannabis Public Benefit Fund for the Jerome Park Ballfield Lighting Project (No. 20-7530). 12. Approval of Historic Property Preservation Agreements Department(s): Planning and Building Agency Recommended Action: Authorize the City Manager or designee to execute the attached Mills Act agreement with the below -referenced property owners for the identified structure(s), subject to non -substantive changes approved by the City Manager and City Attorney. Property Owner(s). Historic Property Preservation Agreement No.. Address/House. Vote by HRC 1. Andres and Lynda Matzkin, 2020-11, 2042 N. Victoria Drive, 7:0:2 (Carpenter and Frazier Abstain) (Agreement No. 2021-XXX) 2. Bradley Lewis Owen and Santiago Munoz Jr., 2020-18, 824 N. Garfield Street, 6:0:3 (Carpenter, Frazier, and McLoughlin Abstain) (Agreement No. 2021-XXX) 3. Robert M. and Connie J. Yoakum, 2020-20, 520 W. Nineteenth Street, 9:0 (Agreement No. 2021-XXX) 4. Chad Barker, 2021-01, 2014 N. Flower Street, 9:0 (Agreement No. 2021-XXX) 13. Approve Fourth Amendment to the Santa Ana Police Officers Association MOU 2018-21 (General Fund and Non -General Fund) Department(s): Human Resources Recommended Action: Authorize the City Manager to execute a fourth amendment to the Memorandum of Understanding (MOU) with the Santa Ana Police Officers Association (SAPOA) for the period July 1, 2018 through December 31, 2021, modifying and delineating specific articles of the MOU subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021- XXX). Page 8 of 12 5/18/2021 14. Amend Agreements With GK & Associates, Interwest Consulting Group, Inc., Penco, a Cannon Company, Project Partners, Inc., and Transtech Engineers, Inc. to Increase the Shared Contract Amount by $2,500,000 for On -call Engineering, Technical, and Administrative Support Services (General and Non -General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute amendments to the agreements with GK & Associates, Interwest Consulting Group, Inc., Penco, a Cannon Company, Project Partners, Inc., and Transtech Engineers, Inc. to increase the shared contract amount by $2,500,000, for a total shared aggregate amount not to exceed $7,500,000, for engineering, technical, and administrative support services for the remaining term of the agreement, beginning May 18, 2021, through July 15, 2022, including the two-year renewal option, if needed, subject to non -substantive changes approved by the City Manager and the City Attorney (Agreement No. 2021-XXX). 15. Approve a Professional Services Agreement with Ruby Gutierrez for Grant Assistance Services in an Amount not to Exceed $200,000 for a Two -Year Term (Non - General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute a professional services agreement with Ruby Gutierrez to provide professional services for grant assistance, in an amount not to exceed $200,000, for a two-year term beginning on May 18, 2021 and expiring on May 17, 2023, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). 16. Approve Agreement with Hunsaker & Associates to Provide Design Services for the Santiago Park Main Street Entrance Design Project in an Amount not to Exceed $250,000 for a Three -Year Term (Specification No. 20-2731) (Non -General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with Hunsaker & Associates Irvine, Inc. to provide concept design, design development, and contract documents, in the amount of $248,702, with a contingency of $1,298, for a total amount not to exceed $250,000, for a three-year term beginning May 18, 2021 and expiring May 17, 2024, with an option for two, one-year extensions, subject non - substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). 17. Approve a Template Agreement for the Licensing of City -owned Real Property and Authorize the City Manager to Enter into Such Agreements Department(s): Public Works Agency Recommended Action: Approve a template license agreement for the licensing of City -owned real property and authorize the City Manager to execute such agreements, subject to non -substantive changes approved by the City Manager and City Attorney. Page 9 of 12 5/18/2021 18. Approve the Recognition of $241,876 of General Fund Revenue for Certain Unclaimed Monies from Various City Sources Department(s): Finance and Management Services Recommended Action: Approve the recognition of $241,876 of revenue in the General Fund for certain unclaimed deposits, as allowed by state law. 19. Receive and File Informational Report Relating to Climate Resilience Policies Department(s): City Manager Office Recommended Action: Receive and file an informational report relating to climate resilience policies. 20. Approve Installation of Memorial Plaque Honoring Charlene Hanson Department(s): Public Works Agency Recommended Action: Approve the installation of a memorial plaque in the public right-of-way at the southeast corner of Civic Center Drive and Lacy Street honoring Charlene Hanson. **END OF CONSENT CALENDAR** BUSINESS CALENDAR 21. Award a Contract to Pacific Mobile Structures, Inc. for a Modular Restroom Building at the Centennial Park Training Facility for a Five -Year Period in the Amount of $126,758 (Specification No. 21-057) (General Fund) Continued from the May 4, 2021 City Council meeting. Department(s): Police Department Recommended Action: Award a contract to Pacific Mobile Structures, Inc. for the lease of a new modular restroom building at the Centennial Park Training Facility, for the period of June 1, 2021 through May 31, 2026, in an amount not to exceed $126,758, subject to non -substantive changes approved by the City Manager and City Attorney. 22. Ordinance Adding Article XV, Sections 36-706 through 36-710, Entitled "Street Racing" to the Santa Ana Municipal Code Prohibiting Spectators at Illegal Speed Contests and Reckless Driving Exhibitions Department(s): Police Department Page 10 of 12 5/18/2021 Recommended Action: Approve first reading of an ordinance to prohibit spectators who knowingly attend or assist with illegal speed contests and reckless driving exhibitions. If approved, Article XV, sections 36-706 through 36-710 entitled "Street Racing" will be added to the Santa Ana Municipal Code. 23. Pension Debt Refinancing Update and Underwriter Selection Department(s): Finance and Management Services Recommended Action: 1. Receive and File Pension Debt Refinancing Update. 2. Approve the Selection of the following Underwriter(s) to assist the City with refinancing its existing Pension Debt: . Bank of America Securities, Inc.- Senior Manager . Stifel Financial Corp. — Co -Manager . Ramirez & Co., Inc. — Co -Manager 24. Fiscal Year 2021-22 Budget Workshop Session Department(s): Finance and Management Services Recommended Action: Provide any additional direction to staff for the: 1. Draft Revive Santa Ana spending plan; and 2. Draft Fiscal Year 2021-2022 City budget. **END OF BUSINESS CALENDAR** COUNCILMEMBER REQUESTED ITEMS 25. Discuss and Consider Directing the City Manager to Direct Staff to Prepare a Resolution Declaring the City's Support for the Transgender and Gender Non - Conforming Community — Councilmember Hernandez 26. Discuss and Consider Directing the City Manager to Direct Staff to Agendize the Attached Santa Ana Climate and Public Health Emergency Resolution of 2021 for Council Consideration within 30 Days — Councilmember Lopez 27. Discuss and Consider Directing the City Manager to Direct Staff to Review Article XI of Chapter 36 of the Santa Ana Municipal Code and Provide Recommendations to the Council for Amendments to Implement Neighborhood -Wide Parking Districts — Councilmember Bacerra CITY MANAGER COMMENTS COUNCIL COMMENTS Page 11 of 12 5/18/2021 ADJOURNMENT —Adjourn the City Council meeting. Future Items 1. Solid Waste Services Work Study Session 2. Carnegie Shelter Operator 3. Reasonable Accommodation and Group Homes Regulatory Update 4. Police Oversight Update Page 12 of 12 5/18/2021