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HomeMy WebLinkAbout Agenda_2022-10-04City Council and Special Closed Session Meeting Agenda October 4, 2022 SPECIAL CLOSED SESSION MEETING - 4:00 PM REGULAR OPEN MEETING - 5:45 PM (Immediately following the Closed Session Meeting) CITY COUNCIL CHAMBER 22 Civic Center Plaza Santa Ana, CA 92701 0, SAryAq a r y U �'LtF�ge��r Vicente Sarmiento Mayor Thai Viet Phan Councilmember —Ward 1 Jessie Lopez Councilmember - Ward 3 Johnathan Ryan Hernandez Councilmember - Ward 5 Nelida Mendoza Councilmember - Ward 2 Phil Bacerra Mayor Pro Tem - Ward 4 David Penaloza 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 Vacant Clerk of the Council In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting, ontact Michael Ortiz, City ADA Program Coordinator, at (714) 647-5624. Notification 48 hours prior to the Meeting will enable Itche 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 10/4/2022 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 10/4/2022 Members of the public may attend the City Council meeting in -person or join via Zoom. 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. 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 one of the following ways: • 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. • 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 3:00 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. • LIVE VIRTUAL 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/j/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 a: i) closed session item, ii) general agenda item, iii) public hearing item, iv) special agenda item, or v) for Housing Authority 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. • IN -PERSON OPTION - Members of the public can provide in -person comments at the podium in the Council Chamber. The Council Chamber will have seating available for members of the public to attend the meeting in -person. Face coverings are required for members of the public who enter City buildings. Public comments are limited to three (3) minutes per speaker, unless a different time is announced by the presiding chair. Speakers who wish to address the Council must do so by submitting a "Request to Speak" card by 4:00 p.m. for Special Closed Session items and by 6:00 p.m. for all other designated public comment periods as listed below. Cards will not be accepted after the Public Comment Session begins without the permission of the presiding chair. The following designated public comment periods are: 1. LIVE PUBLIC COMMENTS ON CLOSED SESSION ITEMS —You can provide live Page 3 10/4/2022 comments on special closed session items by joining Zoom or the Conference Call as described in the LIVE or IN -PERSON PUBLIC COMMENTS OPTION above. Speaker queue will open at 3:30 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL BY 4:00 p.m. Speakers who are not in the speaker queue by 4:00 p.m. will not be permitted to speak. 2. 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 or IN -PERSON PUBLIC 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. 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 <!I>) or download a pdf (the cloud symbol with the down arrow ). Page 4 10/4/2022 SPECIAL CLOSED SESSION CALL TO ORDER ATTENDANCE Council Members Mayor Pro Tern Mayor City Manager City Attorney Clerk of the Council ROLL CALL Johnathan Ryan Hernandez Jessie Lopez Nelida Mendoza David Penaloza IIITmy f aaiMI Phil Bacerra Vicente Sarmiento Kristine Ridge Sonia R. Carvalho PUBLIC COMMENTS — Members of the public may address the City Council on Special 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: 1. CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code: A. Heather Heider v. City of Santa Ana, Orange County Superior Court, Case No. 30- 2019-01055281 B. Aaron Giron v. City of Santa Ana, Orange County Superior Court, Case No. 30- 2021-01197646 2. CONFERENCE WITH LEGAL COUNSEL— POTENTIAL INITIATION OF LITIGATION pursuant to paragraph (4) of subdivision (d) of Section 54956.9 of the Government Code: (one case — Taco Bravo) 3. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a): Agency Negotiators: Human Resources Executive Director, Jason Motsick Employee Organizations: • Santa Ana Police Officers Association (POA) • Santa Ana Police Management Association (PMA) Page 5 10/4/2022 • Service Employees' International Union (SEIU) Full -Time Employees • Service Employees' International Union (SEIU) Part -Time Non -Civil Service Employees • Confidential Association of Santa Ana (CASA) • Santa Ana Management Association (SAMA) 4. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Pursuant to Government Code Section 54957 Title: City Attorney and City Manager 5. PUBLIC EMPLOYEE EMPLOYMENT/APPOINTMENT pursuant to Government Code 54957 Title: Clerk of the Council, Acting Clerk of the Council, or Interim Clerk of the Council 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. Page 6 10/4/2022 CITY COUNCIL REGULAR OPEN SESSION CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE Mayor Sarmiento WORDS OF INSPIRATION Heidi Lucero CEREMONIAL PRESENTATIONS Proclamation presented by Mayor Pro Tern Bacerra declaring October 2022 as Breast Cancer Awareness Month. 2. Certificates of Recognition presented by Councilmember Lopez and Mayor Sarmiento to the Garden Grove Unified School District Board of Education for Outstanding Contributions to Exemplary Academic Achievements. 3. Certificate of Recognition presented by Councilmember Mendoza to Cecilia Aguinaga for Outstanding Contributions to the Community. 4. Certificate of Recognition presented by Councilmember Penaloza to Fabian Flores for Outstanding Contributions to 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. I CONSENT CALENDAR RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 5 through 23. 5. Excused Absences Department(s): Clerk of the Council Office Recommended Action: Excuse the absent members. 6. Minutes from the Special City Council Meeting of July 29, 2022 Department(s): Clerk of the Council Office Recommended Action: Approve minutes. Page 7 10/4/2022 7. Receive and File the Certification of Approval by City Engineer of the Final Parcel Map 2018-188 (666 East Dyer Road) (Applicant: Shea Properties; Owner: Dyer Business Park, LLC) Department(s): Public Works Agency Recommended Action: Receive and file the certification of approval by City Engineer of the final Parcel Map 2018-188. 8. Award a Construction Contract to GB Cooke, Inc., in the amount of $721,531 for the Santa Ana Zoo Goat Trail FY 2022-23 Project with an Estimated Project Delivery Cost of $881,531 (Project No. 21-2744) (Non -General Fund) Department(s): Public Works Agency Recommended Action: 1. Award a construction contract to GB Cooke, Inc., a responsive bidder, in accordance with the base bid in the amount of $721,531, for construction of the Santa Ana Zoo Goat Trail for the term beginning October 4, 2022 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 $881,531, which includes $721,531 for the construction contract, $80,000 for contract administration, inspection and testing, and $80,000 project contingency for unanticipated or unforeseen work. 3. Approve an amendment to the Fiscal Year 2022-23 Capital Improvement Program to include the Santa Ana Zoo Goat Trail project. 9. Approve the Third Amendment to the Construction Contract with CJ Concrete Construction, Inc., to Increase the Contract Amount by $1,000,000 to Perform Additional Concrete Repairs through the End of Project Completion (Project No.22- 6970) (General and Non -General Fund) Department(s): Public Works Agency Recommended Action: 1. Authorize the City Manager to approve the third amendment to the construction contract with CJ Concrete Construction, Inc., by an increase of $1,000,000, to perform additional concrete improvements through the end of project completion, for a new estimated project delivery cost of $4,700,000. 2. Approve the revised Project Cost Analysis increasing construction administration, inspection, and testing by $50,000 and the project contingencies by $950,000, for a new estimated project delivery cost of $4,700,000. 10. Award a Blanket Order Contract to Aqua -Metric Sales Company for Water Meters and Related Supplies in an Annual Amount Not to Exceed $500,000 (Specification No. 22-131) (Non -General Fund) Page 8 10/4/2022 Department(s): Public Works Agency Recommended Action: Award a blanket order contract to Aqua -Metric Sales Company for water meters and supplies for an annual amount not to exceed $500,000, for a one-year term beginning October 4, 2022 and expiring October 3, 2023, with four one-year renewal options, subject to non -substantive changes approved by the City Manager and the City Attorney. 11. Approve Appropriation Adjustment and Award a Purchase Order in the Amount of $3,042,449 to Musco Sports Lighting, LLC, for LED Sports Lighting with Related Supplies and Services (Specification No. 22-114) (Project Nos. 22-2754, 22-2756 & 22-2769) (General and Non -General Fund) Department(s): Public Works Agency Recommended Action: 1. Authorize a one-time purchase order to Musco Sports Lighting, LLC for the purchase of LED sports lighting, including light -structure systems, light controls, removal and disposal of existing equipment, and installation services, for Memorial Park, Thornton Park and the Dan Young Soccer Complex (DYSC), in the amount of $3,042,449, plus a contingency of $384,751, for a total amount not to exceed $3,427,200, subject to non -substantive changes approved by the City Manager and the City Attorney. 2. Approve an Appropriate Adjustment to recognize $1,020,838 in revenue received from prior years into the Residential Development District 3, Park Acquisition & Development Fees revenue account and appropriate the same amount into the Residential Development District 3, Building improvements expenditure account (Requires five affirmative votes) 12. Approve Appropriation Adjustment and Award a Purchase Order in the Amount of $1,049,983 to National Auto Fleet Group for Eighteen Ford Interceptor Utility SUVs for the Police Department (Specification No. 22-127) (Non -General Fund) Department(s): Public Works Agency Recommended Action: 1. Authorize a one-time purchase and payment of purchase order to National Auto Fleet Group for the purchase of eighteen Ford Interceptor Utility SUVs, of which includes three K-9 build with rear air option, in the amount of $1,029,983, plus a contingency of $20,000, for a total amount not to exceed $1,049,983, subject to non -substantive changes approved by the City Manager and the City Attorney. 2. Approve an appropriation adjustment recognizing $1,525,024 in prior year fund balance in the Equipment Replacement Fund, Prior Year Carry Forward revenue account and appropriate the same amount into the Equipment Replacement Fund, Machinery and Equipment expenditure account for this item and anticipated FY22-23 replacement vehicle expenditures. (Requires five affirmative votes) 13. Appropriation Adjustment and Agreement Accepting $580,000 from the State Office Page 9 10/4/2022 of Traffic Safety for Selective Traffic Enforcement Program (Non -General Fund) Department(s): Police Department Recommended Action: 1. Authorize the City Manager to execute an agreement with the State of California - Office of Traffic Safety for the Selective Traffic Enforcement Program, for a one-year period beginning October 1, 2022 through September 30, 2023, in an amount not to exceed $580,000, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2022-XXX). 2. Approve an appropriation adjustment accepting $580,000 in the Office of Traffic Safety, Federal Grant -Indirect revenue account and appropriate same to the Selective Traffic Enforcement Program expenditure account. (Requires five affirmative votes) 14. Approve Agreements with The Counseling Team International, Eric Gruver, Ph.D., and Susan Saxe -Clifford, Ph.D. for Law Enforcement Psychological Services (General Fund) Department(s): Police Department Recommended Action: 1. Authorize the City Manager to execute an agreement with The Counseling Team International for law enforcement psychological services, in an amount not to exceed $78,000, for a three-year period beginning October 4, 2022 through September 30, 2025, with an option for two, one-year extensions, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2022-XXX). 2. Authorize the City Manager to execute an agreement with Eric Gruver, Ph.D. for law enforcement psychological services, in an amount not to exceed $30,000 for a three- year period beginning October 4, 2022 through September 30, 2025, with an option for two, one-year extensions, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2022-XXX). 3. Authorize the City Manager to execute an agreement with Susan Saxe -Clifford, Ph.D. for law enforcement psychological services, in an amount not to exceed $12,000, for a three-year period beginning October 4, 2022 through September 30, 2025, with an option for two, one-year extensions, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2022-XXX). 15. Agreement Amendment with Al Party Rental for Event Equipment Rental Services at City Events to Increase the Annual Amount by $64,000 per Year through March 31, 2025, for a total Increase of $192,000 and New Agreement Total of $450,000 (General Fund) Department(s): Parks, Recreation, and Community Services Recommended Action: Authorize the City Manager to execute an agreement amendment with Al Party Rental for event equipment rental services at City events to increase the annual amount by $64,000 per year through March 31, 2025, for a total increase of $192,000 and new agreement total of $450,000, subject to non - Page 10 10/4/2022 substantive changes approved by the City Manager and City Attorney (Agreement No. 2022-XXX). 16. Approve an Agreement with IDS Group for Architectural and Engineering Services for Public Health Plaza and Wellness Programming in an Amount Not to Exceed $370,077 for a Three -Year Term (Non -General Fund) (Revive Santa Ana Program) Department(s): Public Works Agency Recommended Action: 1. Authorize the City Manager to execute an agreement with IDS Group for architectural and engineering services for Santa Ana's Public Health Plaza and Wellness Programming project in the amount of $336,433, with a contingency of $33,644 for a total amount of $370,077, for a three-year term beginning October 4, 2022 and expiring October 3, 2025, with an option for two, one- year extensions, subject non -substantive changes approved by the City Manager and the City Attorney (Agreement No. 2022-XXX). 2. Approve an amendment to the Fiscal Year 2022-23 Capital Improvement Program to include $4,000,000 for the Public Health Plaza and Wellness Programming project. 17. Grant an Easement to Southern California Edison to Allow Underground Power to Serve 2202 Magnolia Avenue Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an Easement Deed granting Southern California Edison (SCE) the right to place, own, and maintain power conduits and conductors underground to serve 2202 South Magnolia Avenue, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2022-XXX). 18. Purchase and Sale Agreement of Real Property at 206 S. Flower Street for Future Water Resources Well Facility (Non -General Fund) Department(s): Public Works Agency Recommended Action: 1. Authorize the City Manager to execute a purchase and sale agreement with Tom Morrison, Patricia Morrison, Jimmy Hsieh, and Natalie Marquez for the purchase of real property located at 206 S. Flower Street (APN 008- 213-31), in the amount of $775,000, plus normal closing costs and escrow fees and relocation expenses, for a total amount not to exceed $1,050,000, subject to non - substantive changes approved by the City Manager and the City Attorney (Agreement No. 2022-XXX). 2. Approve an amendment to the Fiscal Year 2022-23 Capital Improvement Program to include $1,050,000 in funds for the Flower Street Well Project (No. 23-6475). 19. Approve First Agreement Amendment with TACenergy for the Purchase of Gasoline and Diesel Fuel, to Increase the Contract Amount by $600,000 and Extend Through January 31, 2023 (Non -General Fund) Page 11 10/4/2022 Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute the first amendment to the gasoline and diesel purchase agreement with TACenergy, by an increase of $600,000 and extend agreement services through January 31, 2023, subject to non - substantive changes approved by the City Manager and City Attorney (Agreement No. 2022-XXX). 20. Approve an Agreement with the County of Orange for Exchange of Real Property and Adopt a Resolution Declaring City Property as Exempt Surplus Land Department(s): Public Works Agency Recommended Action: 1. Resolution No. 2022-XXX — Adopt a resolution declaring City -owned property as exempt surplus land pursuant to California Government Code § 54220 et seq. for the purpose of a real property exchange with the County of Orange. 2. Authorize the City Manager to execute an Exchange of Real Property agreement between the City of Santa Ana and the County of Orange, a political subdivision of the State of California, for proposed property exchange of the Civic Center Plaza of the Flags area and the Civic Center Library Parking Structure subject to non -substantive changes approved by the City Manager and the City Attorney (Agreement No. 2022- XXX). 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. 2022-XXX — 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. Ordinance Amendment No. 2022-01 — Commercial Cannabis Amendments Second Reading Legal notice published in the Orange County Reporter on September 23, 2022. Department(s): Finance and Management Services, Planning and Building Agency Recommended Action: 1. Ordinance NS-XXXX — Place on second reading and adopt Ordinance Amendment No. 2022-01 to Update Chapters 18, 21, and 40 of the Santa Ana Municipal Code Addressing Medicinal Cannabis Retail, Consumption Lounges and Temporary Events, Retail Facility Relocation, Commercial Cannabis Eligible Areas, Commercial Cannabis Tax Rate Reductions for Commercial Cannabis Retail, Cultivation, Distribution, and Manufacturing, and Adopt Language Addressing Proposed Tax Treatment of Microbusinesses and Shared Manufacturing, and Make Other Administrative Amendments of a Complimentary Nature. Page 12 10/4/2022 2. Resolution No. 2022-XXX — Adopt a resolution modifying various commercial cannabis retail and non -retail tax rates. 3. Resolution No. 2022-XXX — Adopt a resolution modifying the medicinal cannabis retail tax rate. 4. Resolution No. 2022-XXX — Adopt a resolution establishing a map of commercial cannabis eligible areas in the City, the number of annual temporary consumption events, and the community benefit, sustainable business practices, and social equity plan template. 23. Adopt a Resolution Establishing a Sister City Relationship with Sahuayo, Michocan, Mexico Department(s): City Manager Office Recommended Action: Resolution No. 2022-XXX — Adopt a resolution proclaiming the establishment of an educational, cultural, and business affiliation with the City of Sahuayo of the state of Michoacan of the United Mexican States. **END OF CONSENT CALENDAR** I BUSINESS CALENDAR 24. Appoint Member to the Orange County Mosquito and Vector Control District's Board of Trustees Department(s): Clerk of the Council Office Recommended Action: Select a member to the Orange County Mosquito and Vector Control District's Board of Trustees and appoint for the current term expiring in January 1, 2024. 25. Adoption of Ordinance amending the Rent Stabilization and Just Cause Eviction Ordinances Department(s): Community Development Agency Recommended Action: Approve first reading of the Ordinance amending the Rent Stabilization and Just Cause Eviction Ordinances. **END OF BUSINESS CALENDAR** COUNCILMEMBER REQUESTED ITEMS 26. Discuss and Provide Direction to the City Manager and City Attorney to Report to the Page 13 10/4/2022 City Council What is Necessary to Adopt a Policy to Move all Santa Ana Police Officers Association Contract Negotiations into a Public Forum — Councilmember Lopez 27. Discuss and Consider Directing the City Manager to Direct Staff to Refrain from Using any City Resources and/or Messaging Capabilities to Promote, Advertise, or Mention Any Elected Official within 90 Days of an Election — 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. Police Oversight Commission Page 14 10/4/2022