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HomeMy WebLinkAbout Agenda_2022-10-18City Council and Special Closed Session Meeting Agenda October 18, 2022 SPECIAL CLOSED SESSION MEETING - 3:00 PM REGULAR OPEN MEETING - 5:45 PM (Immediately following the Closed Session Meeting) CITY COUNCIL CHAMBER 22 Civic Center Plaza Santa Ana, CA 92701 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, 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 10/18/2022 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 10/18/2022 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 2:00 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 2:00 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 3:00 p.m. for Closed Session items and by 6:00 p.m. for all other designated public comment periods as listed below. Cards will not 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 comments on closed session items by joining Zoom or the Conference Call as described in Page 3 10/18/2022 the LIVE or IN -PERSON PUBLIC COMMENTS OPTION above. Speaker queue will open at 3:00 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL BY 3:00 p.m. Speakers who are not in the speaker queue by 3:00 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. 3. LIVE PUBLIC COMMENTS ON PUBLIC HEARING ITEMS —You can provide comments by joining Zoom or the Conference Call as described in the LIVE or IN -PERSON PUBLIC 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 <!!>) or download a pdf (the cloud symbol with the down arrow ). Page 4 10/18/2022 CALL TO ORDER ATTENDANCE ROLL CALL SPECIAL CLOSED SESSION Council Members Mayor Pro Tern Mayor City Manager City Attorney Clerk of the Council Johnathan Ryan Hernandez Jessie Lopez Nelida Mendoza David Penaloza IIITmy aaiMI Phil Bacerra Vicente Sarmiento Kristine Ridge Sonia R. Carvalho 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: 1. 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 2. CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code: A. Santa Ana Police Officers Association and Gerry Serrano v. City of Santa Ana, Santa Ana Police Department, David Valentin, Kristin (sic) Ridge, Sonia Carvalho, Jason Motsick, and Does I-X, Orange County Superior Court, Case No. 30-2021- 01230129 B. Santa Ana Police Officers Association and Doe Officers v. David Valentin, Sonia Carvalho, Kristine Ridge. City of Santa Ana, Santa Ana Police Department, Santa Ana City Attorney's Office, and Does I-X, Orange County Superior Court, Case No. 30- 2021-01230134 3. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section Page 5 10/18/2022 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) • 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. CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Government Code 54956.8 Agency Negotiator: Nabil Saba, Executive Director Public Works Negotiating Parties: Frank Bryan John Turner, Authorized Signer, RIF 40, LLC. Under Negotiation: Price and terms related to the possible disposition/acquisition of real property interest. Address of Properties: 4404 W. First Street, APN: 188-021-08 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 10/18/2022 CITY COUNCIL REGULAR OPEN SESSION CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE Mayor Sarmiento WORDS OF INSPIRATION Pastor Matt Doan CEREMONIAL PRESENTATIONS 1. Proclamation presented by Mayor Pro Tern Bacerra declaring October 2022 as Filipino American History Month. 2. Certificates of Recognition presented by Councilmember Lopez to the Santiago Elementary School Speech & Debate Team for Exemplary Academic Achievements. 3. Proclamation presented by Councilmember Mendoza declaring October 30 to November 5, 2022 as Childhood Cancer Awareness Week. 4. Proclamation presented by Councilmember Penaloza declaring October 2022 as National Pregnancy and Infant Loss Awareness Month. 5. Proclamation presented by Councilmember Phan declaring October 2022 as Domestic Violence Awareness Month. 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: 6 throuah 21. 6. Excused Absences Department(s): Clerk of the Council Office Recommended Action: Excuse the absent members. 7. Minutes from the Regular City Council Meeting of August 2, 2022 Department(s): Clerk of the Council Office Recommended Action: Approve minutes. 8. Appoint Michelle Cisneros Nominated by Councilmember Mendoza as the Ward 2 Page 7 10/18/2022 Representative to the Personnel Board for a Partial -term Expiring December 13, 2022 Department(s): Clerk of the Council Office Recommended Action: Appoint Michelle Cisneros to the Personnel Board as the Ward 2 representative and administer Oath of Office. 9. Appoint Dr. Annebelle Nery, representing Title II Adult Education, to the Santa Ana Workforce Development Board Department(s): Community Development Agency Recommended Action: Appoint Dr. Annebelle Nery, for a partial term expiring May 31, 2023 (replacing Dr. Marilyn Flores), to represent Title II Adult Education on the Workforce Development Board. 10. Award a Purchase Order in an Amount of $368,636 to Altec Industries, Inc. for Two Utility Boom Trucks (Specification No. 22-079) (General and Non -General Fund) Department(s): Public Works Agency Recommended Action: Authorize a one-time purchase and payment of purchase order to Altec Industries, Inc. in the amount of $368,636, plus a contingency of $20,000, for a total amount not to exceed $388,636, for the purchase of two utility boom trucks, subject to non -substantive changes approved by the City Manager and the City Attorney. 11. Award a Purchase Order in the Amount of $83,872 to National Auto Fleet Group for Two Ford F-150 Trucks for the Public Works Agency's Code Enforcement Officers (Specification No. 22-128) (Non -General Fund) Department(s): Public Works Agency Recommended Action: Authorize a one-time purchase and payment of purchase order to National Auto Fleet Group for the purchase of two Ford F-150 Trucks in the amount of $78,872, plus a contingency of $5,000, for a total amount not to exceed $83,872, subject to non -substantive changes approved by the City Manager and the City Attorney. 12. Award a Purchase Order in the Amount of $104,058 to National Auto Fleet Group for Ford Transit T-350 Plumbers Van for Parks Maintenance (Specification No. 22-127) (General Fund) Department(s): Public Works Agency Recommended Action: Authorize a one-time purchase and payment of purchase order to National Auto Fleet Group for the purchase of one Ford Transit T-350 Plumbers van in the amount of $94,058, plus a contingency of $10,000, for a total amount not to exceed $104,058, subject to non -substantive changes approved by the City Manager and the City Attorney. Page 8 10/18/2022 13. Approve Appropriation Adjustment to Recognize Grant Revenue, Approve an Agreement with the State of California Office of Traffic Safety to Secure a Bicycle Safety Grant in an Amount Not to Exceed $156,000; and Approve an Agreement with Charitable Ventures of Orange County to Provide Bicycle Safety Education in an Amount Not to Exceed $156,000 (Non -General Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an appropriation adjustment to recognize Office of Traffic Safety (OTS) Pedestrian and Bicycle Safety grant funds in the amount of $156,000 in the OTS-PWA Traffic Safety Grants, Federal Grants -Indirect revenue account and appropriate the same amount to the OTS-Bicycle Safety PWA, Contract Services -Professional expenditure account. (Requires five affirmative votes) 2. Authorize the City Manager to execute a one-year grant agreement (PS23007) with the State of California Office of Traffic Safety for Pedestrian and Bicycle Safety Program funds in an amount not to exceed $156,000, for a one-year period beginning October 1, 2022 and ending September 30, 2023, (time frame consistent with the grant cycle), subject to non -substantive changes approved by the City Manager and the City Attorney (Agreement No. 2022-XXX). 3. Authorize the City Manager to execute an agreement with Charitable Ventures of Orange County, Inc. to provide bicycle safety education services for a one-year period, beginning October 18, 2022 and ending October 31, 2023, in an amount not to exceed $156,000, subject to non -substantive changes approved by the City Manager and the City Attorney (Agreement No. 2022-XXX). 14. Approve an Agreement with Lyons Security Services Inc. to Provide Security Guard Services at Various City Sites in an Amount Not to Exceed $15,035,621, plus a $3,007,125 contingency, for a total Amount Not to Exceed $18,042,746 for a Three - Year Term (General and Non -General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with Lyons Security Services, Inc. to provide unarmed and armed security guard services at various City sites, in an amount not to exceed $18,042,746, which includes a contingency of $3,007,125, for a three-year term beginning November 1, 2022 and expiring October 31, 2025, with an option for two, one-year extensions, subject to non - substantive changes approved by the City Manager and the City Attorney (Agreement No. 2022-XXX). 15. Authorize Two Purchase Agreements in the Amount of $1,535,000 for Full Real Property Acquisition for Warner Avenue Improvements Phase 2 (Property Owners: Le and Martinez) (Project No. 18-6901) (Non -General Fund) Department(s): Public Works Agency Recommended Action: 1. Authorize the City Manager to execute a purchase agreement with Vivian Montejano Martinez for the full acquisition and goodwill (if any) Page 9 10/18/2022 of the property located at 2245 S Hickory Street (APN 016-104-28) in the amount of $725,000, subject to non -substantive changes approved by the City Manager and the City Attorney (Agreement No. 2022-XXX). 2. Authorize the City Manager to execute a purchase agreement with Huyn T. Le and My Nguyen, husband and wife, and Hien The Le, a single man, as joint tenants, for the full acquisition and goodwill (if any) of the property located at 2247 S Cedar Street (APN 016-212-26) in the amount of $810,000, subject to non -substantive changes approved by the City Manager and the City Attorney (Agreement No. 2022-XXX). 16. Approve Agreements with A -Tech Consulting, Inc., Dudek, and Leighton Consulting Inc. for On -Call Various Environmental Services in an Amount Not to Exceed $135,000 for Each Specialty Area for Three -Year Terms (Non -General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute agreements with A - Tech Consulting, Inc., Dudek, and Leighton Consulting Inc., to provide environmental site assessments and hazardous materials survey services in a shared aggregate amount not to exceed $135,000 annually for each specialty area, for a three-year term beginning October 18, 2022 and expiring October 17, 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). 17. Approve Agreements with P2S, Inc. and SMAART POWER for Arc Flash Analysis and Electrical Safety Program Development for a Total Amount not to Exceed $500,000 for up to a Five -Year Term (Non -General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with P2S, Inc. and SMAART POWER, LLC for arc flash analysis and electrical safety program development for a three-year period, beginning October 18, 2022 and expiring October 17, 2025, with provisions for one, two-year renewal period exercisable by the City Manager and City Attorney, with a shared aggregate amount not to exceed $500,000, subject to non -substantive changes approved by the City Manager and the City Attorney (Agreement No. 2022-XXX). 18. 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 Page 10 10/18/2022 1. Benjamin and Catherine Mayberry, 2022-03, 2405 N Bonnie Brae, 6:1:0:2 (Pena Sarmiento and Shipp Absent) (Agreement No. 2022-XXX) 2. Duane Rohrbacher and Shannon Quihuiz, 2022-05, 419 E. Wellington Avenue, 7:0:0:2 (Pena Sarmiento and Shipp Absent) (Agreement No. 2022-XXX) 3. Eriq Dominguez, 2022-13, 2222 N Ross Street, 7:0:0:2 (Pena Sarmiento and Shipp Absent) (Agreement No. 2022-XXX) 4. Mark and Wendy Blalock, 2022-14, 1720 N Olive Street, 7:0:0:2 (Pena Sarmiento and Shipp Absent) (Agreement No. 2022-XXX) 5. Yi Ran and Tom Nguyen, 2022-15, 1802 N Ross Street, 7:0:0:2 (Pena Sarmiento and Shipp Absent) (Agreement No. 2022-XXX) 6. Marny Gae Renteria, 2022-16, 1128 W Riviera Drive, 7:0:0:2 (Pena Sarmiento and Shipp Absent) (Agreement No. 2022-XXX) 7. Katherine Canada, 2022-17, 2425 N Valencia Street, 7:0:0:2 (Pena Sarmiento and Shipp Absent) (Agreement No. 2022-XXX) 19. Approve Second Amendment to the Agreement with Siemens Industry, Inc. in the amount of $37,000 for Public Safety Video Surveillance System Repairs (General and Non -General Fund) Department(s): Police Department Recommended Action: Authorize the City Manager to execute a second amendment to the agreement with Siemens Industry, Inc. in an amount not to exceed $37,000 for repairs and replacement of surveillance camera components, for a total aggregate amount not to exceed $3,419,870 during the term of the agreement, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2022-XXX). 20. Agreement with Seaside Ice, LLC, dba Ice -America, for a Seasonal Ice Rink and Related Services (General Fund) Department(s): Parks, Recreation, and Community Services Recommended Action: Authorize the City Manager to execute an agreement with Seaside Ice, LLC, dba Ice -America, for a total amount not to exceed $707,062, which includes the base amount of $646,462 and a contingency amount of $60,600, for a term beginning October 18, 2022 and ending January 31, 2023, subject to non - substantive changes approved by the City Manager and City Attorney (Agreement No. 2022-XXX). 21. Second Reading of Ordinance amending the Rent Stabilization and Just Cause Eviction Ordinances First reading at the October 4, 2022 City Council meeting and approved by a vote of 4-3 (Bacerra, Mendoza and Penaloza dissented) Page 11 10/18/2022 Published in the Orange County Reporter on October 7, 2022. Department(s): Community Development Agency Recommended Action: NS-XXXX — Place Ordinance amending the Rent Stabilization and Just Cause Eviction Ordinances on second reading and adopt. **END OF CONSENT CALENDAR** I BUSINESS CALENDAR 22. Discuss Draft Ordinance Establishing a Police Oversight Commission and Provide Direction to Staff Department(s): City Manager Office Recommended Action: Discuss a draft ordinance establishing a police oversight commission and provide direction to staff. **END OF BUSINESS CALENDAR** PUBLIC HEARINGS PUBLIC COMMENTS — Members of the public may address the City Council on Public Hearing items. 23. Public Hearing — Report on Water Quality Relative to Public Health Goals Legal Notice published in the Orange County Reporter on October 7, 2022. Department(s): Public Works Agency Recommended Action: Receive and file the Report on Water Quality Relative to Public Health Goals. COUNCILMEMBER REQUESTED ITEMS 24. Discuss and Consider Directing the City Manager to Direct Staff to Bring Back a Resolution Opposing the County of Orange from Operating any Cold Weather Shelter within Santa Ana City Limits and Encourage the County to Rotate the Annual Cold Weather Shelter Throughout Different Cities within the Different Service Planning Areas (SPA's) - Councilmember Penaloza CITY MANAGER COMMENTS Page 12 10/18/2022 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. Page 13 10/18/2022