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Home My WebLink AboutAgenda_2023-03-21City Council Meeting Agenda (Revised3/15/2023) March 21, 2023 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 Valerie Amezcua Mayor Thai Viet Phan Councilmember—Ward 1 Jessie Lopez Mayor Pro Tern - Ward 3 Johnathan Ryan Hernandez Councilmember -Ward 5 Benjamin Vazquez Councilmember -Ward 2 Phil Bacerra Councilmember - 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 Jennifer L. Hall City Clerk In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting, 13 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 3/21/2023 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 3/21/2023 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 City Clerk, 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@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 httgs://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. 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 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 3/21/2023 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 byjoining 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 PRIOR TO 6:00 p.m. Speakers who are not in the speaker queue, by dialing *9 or raising hand, by 6:00 p.m. will not be permitted to speak. TRANSLATION SERVICES - Spanish interpreting services are provided at City Council meetings. Simultaneous Spanish interpretation is provided through the use of headsets and consecutive interpretation (Spanish -to -English) in addition to those wishing to address the City Council at the podium. La ciudad provee servicios de interpretacion al espanol en las juntas del Concilio. La interpretacion simultanea al espanol se ofrece por medio del use de audifonos y la interpretacion consecutiva (espanol a ingles) tambien esta disponible para cualquiera que desee dirigirse al concilio municipal en el podio. 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 eyeball0) or download a pdf (the cloud symbol with the down arrow Q ). Page 4 3/21/2023 SPECIAL CLOSED SESSION CALL TO ORDER ATTENDANCE Council Members Mayor Pro Tern Mayor City Manager City Attorney City Clerk ROLL CALL Phil Bacerra Johnathan Ryan Hernandez David Penaloza Thai Viet Phan Benjamin Vazquez Jessie Lopez Valerie Amezcua Kristine Ridge Sonia R. Carvalho Jennifer L. Hall 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. 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) • Service Employees' International Union (SEIU) Full -Time Employees 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. CLOSED SESSION REPORT — The City Attorney will report on any action(s) from Closed Session. ADJOURNMENT —Adjourn the Special Closed Session meeting. Page 5 3/21/2023 CITY COUNCIL REGULAR OPEN SESSION CALL TO ORDER ATTENDANCE Council Members Mayor Pro Tern Mayor City Manager City Attorney City Clerk ROLL CALL PLEDGE OF ALLEGIANCE WORDS OF INSPIRATION Phil Bacerra Johnathan Ryan Hernandez David Penaloza Thai Viet Phan Benjamin Vazquez Jessie Lopez Valerie Amezcua Kristine Ridge Sonia R. Carvalho Jennifer Hall Mayor Amezcua Police Chaplain Rupert Vega CEREMONIAL PRESENTATIONS 1. Certificate of Recognition presented by Mayor Pro Tem Lopez to Rachael Cianfrani for Outstanding Contributions to the Community 2. Certificate of Recognition presented by Councilmember Bacerra to Orange County Fire Authority Firefighter/Paramedic Nicholas Sibayan for Outstanding Acts of Heroism 3. Proclamation presented by Councilmember Hernandez declaring March 3, 2023 as Ruben Salazar Day STAFF PRESENTATIONS 4. A. Annual Presentation from Travel Santa Ana (Revised 3/15/2023) B. Homelessness Update 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 Page 6 3/21/2023 RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 5 through 22. 5. Excused Absences Department(s): City Clerk's Office Recommended Action: Excuse the absent members. 6. Appoint Michelle Cisneros nominated by Councilmember Phan as the Ward 1 Representative to the Personnel Board for a partial -term expiring December 10, 2024 Department(s): City Clerk's Office Recommended Action: Appoint Michelle Cisneros to the Personnel Board as the Ward 1 representative and administer Oath of Office. 7. Receive and File a Report Regarding the Brown Act and Teleconferencing Provisions Department(s): Clerk of the Council Office Recommended Action: Receive and file a report regarding the Brown Act and teleconferencing provisions (informational purposes). 8. City of Santa Ana 2022 General Plan Annual Progress Report Department(s): Planning and Building Agency Recommended Action: 1. Receive and file the City of Santa Ana 2022 General Plan Annual Progress Report. 2. Authorize staff to submit the City of Santa Ana 2022 General Plan Annual Progress Report to the State of California Department of Housing and Community Development (HCD) and the Office of Planning and Research (OPR). 3. Direct staff to proceed with the formation of the Environmental Justice (EJ) Action Committee; and determine this action is exempt from further environmental review in accordance with the California Environmental Quality Act (CEQA) as it is not a "project" as defined in Section 15378 of the CEQA Guidelines. 9. Annual Development Impact Fee Report for Fiscal Year 2021-2022 Department(s): Public Works Agency Recommended Action: Receive and file the Annual Development Impact Fee Report for Fiscal Year 2021-2022. 10. Award Aggregate Blanket Order Contracts to Promotethis!, Graphic Printsource, Inc., Superior Promos, and QCORP Printing Solutions for Promotional Items in a Not -to - Exceed Aggregate Amount of $975,000 (Specification No. 23-024) (General Fund Page 7 3/21/2023 and Non -General Fund) Department(s): Finance and Management Services Recommended Action: Award aggregate blanket order contracts to vendors listed below for the purchase of promotional items on an as -needed basis in an annual amount not to exceed $195,000, with a total aggregate contract amount not to exceed $975,000, for an initial one-year term expiring on March 31, 2024, with provisions for four, one-year renewal options, subject to non -substantive changes approved by the City Manager and City Attorney. Graphic Printsource, Inc., Corona, CA Promotethis!, Huntington Beach, CA QCORP Printing Solutions, Loomis, CA Superior Promos, Brooklyn, NY 11. Award a Purchase Order to Sonsray Machinery, LLC in the amount of $51,681 for One Felling Custom Saw Trailer for the Public Works Water Resources Division (Specification No. 23-031) (Non -General Fund) Department(s): Public Works Agency Recommended Action: Authorize a one-time purchase and payment of Purchase Order to Sonsray Machinery, LLC. for one Felling Custom Saw Trailer, in the amount of $46,681, plus a contingency amount of $5,000, for a total amount not to exceed $51,681, subject to non -substantive changes approved by the City Manager and City Attorney. 12. Award a Purchase Order to FieldTurf USA to provide and install Synthetic Turf at Field Nos. 1 and 3 at the Dan Young Sports Complex at Centennial Park in the amount of $2,970,859 (Specification No. 23-035) (Project 22-2766) (Non -General Fund)) Department(s): Public Works Agency Recommended Action: 1. Authorize a one-time purchase and payment to FieldTurf USA to provide and install synthetic turf field at the Dan Young Sports Complex in the amount of $2,675,859, plus a contingency of $295,000 for a total amount not to exceed $2,970,859, subject to non -substantive changes approved by the City Manager and City Attorney. 2. Approve an amendment to the Fiscal Year 2022-23 Capital Improvement Program to include $1,502,229 in funding for the Dan Young Synthetic Turf Fields Project (Project No. 22-2752). 13. Approve Submittal of Request for Time Extension of the Measure M2 Comprehensive Transportation Funding Program for Fairview Avenue Improvements from 9th Street to 16th Street and Fairview Street Improvements from Monte Carlo Drive to Trask Avenue (Project Nos. 15-6827 and 23-6701) (Non -General Fund) Department(s): Public Works Agency Recommended Action: Authorize the Public Works Agency to request a two-year Page 8 3/21/2023 time extension of Measure M2 Comprehensive Transportation Funding Program funding for Fairview Avenue Improvements from 9th Street to 16th Street project (21- SNTA-ACE-3996) and for Fairview Street Improvements from Monte Carlo Drive to Trask Avenue (22-SNTA-ACE-4020). 14. Approve an Amendment to the Project Cost Analysis to add $343,000 to an Existing Construction Contract with Big Ben, Inc. for a Revised Estimated Project Delivery Cost of $2,343,000, for the Lincoln Avenue Water and Sewer Main Improvements Project (Project Nos. 22-6468 and 22-6620) (Non -General Fund) Department(s): Public Works Agency Recommended Action: Approve an amendment to the Project Cost Analysis to reflect the new amount of $571,235 for project contingency for unanticipated or unforeseen work, for a total construction delivery cost of $2,343,000, subject to non - substantive changes approved by the City Manager and City Attorney. 15. Approve Appropriation Adjustments and Award a Construction Contract to GMZ Engineering, Inc. in the amount of $4,642,644 for the Downtown Flood Reduction and Stormwater Infiltration Project with an Estimated Construction Delivery Cost of $5,640,000 (Non -General Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an appropriation adjustment to recognize an additional $1.25 million in Proposition 68 Urban Flood Protection (UFP) grant funding from the California Natural Resources Agency into the Public Works Agency Enterprise Capital Grants, Direct Revenue Account and appropriate the same amount into the California Natural Resources Agency Urban Flood Protection, Improvements Other Than Building expenditure account. (Requires five affirmative votes) 2. Approve an appropriation adjustment to recognize $900,000 of prior year fund balance in the Federal Clean Water Protection fund, Prior Year Carryforward revenue account and appropriate the same amount into the Federal Clean Water Protection Enterprise, Improvements Other Than Building expenditure account. (Requires five affirmative votes) 3. Approve an amendment to the Fiscal Year 2022-23 Capital Improvement Program to add $1.25 million of Proposition 68 Urban Flood Protection Grant Program funding and $900,000 of Federal Clean Water Protection Enterprise funding for the Downtown Flood Reduction and Stormwater Infiltration Project (22-6622). 4. Award a construction contract to GMZ Engineering Inc., the lowest responsible bidder, in accordance with the base bid plus bid alternate in the amount of $4,642,644, for construction of the Downtown Flood Reduction and Stormwater Infiltration Project, for the term beginning March 21, 2023 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. 5. Approve the Project Cost Analysis for a total estimated construction delivery cost of $5,640,000, which includes $4,642,644 for the construction contract, $552,356 for contract administration, inspection and testing, and a $445,000 project contingency Page 9 3/21/2023 for unanticipated or unforeseen work. (includes determination that the recommended actions are exempt from further review in accordance with the California Environmental Quality Act (CEQA) as Categorical Exemption Environmental Review No. ER-2022-95 was filed for the project) 16. Approve Agreements with Tetra Tech, Inc., Dudek, and ECORP Consulting Inc. for On - Call Environmental Services in aggregate amounts not to exceed $2,450,000, for up to five-year terms (Non -General Fund) Department(s): Public Works Agency Recommended Action: 1. Authorize the City Manager to execute agreements with Tetra Tech, Inc., Dudek, and ECORP Consulting Inc., to provide On -Call Environmental Services on as needed basis: federal contract in an aggregate amount not to exceed $950,000 for a three-year term beginning March 21, 2023 and expiring March 20, 2026, with an option for two, one-year extensions, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-XXX). 2. Authorize the City Manager to execute agreements with Tetra Tech, Inc., Dudek, and ECORP Consulting Inc, to provide On -Call Environmental Services on as needed basis: non-federal contract aggregate amount not to exceed $1,500,000 for a three- year term beginning March 21, 2023 and expiring March 20, 2026, with an option for two, one-year extensions, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-XXX). 17. Approve an Agreement with Dunbar Architecture for Architectural Design Services for the Historic Cypress Fire Station in an Amount Not to Exceed $434,880 for a Five - Year Term (Project No. 22-6023) (General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with Dunbar Architecture to develop plans, specifications, final construction documents, and construction support for the rehabilitation of the Historic Cypress Fire Station in the amount of $394,880 with a contingency of $40,000, for a total amount not to exceed $434,880, for a five-year term beginning March 21, 2023 and expiring March 20, 2028, with an option for two, one-year extensions, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2023- XXX). 18. Agreement to Extend License with Southern California Edison Company for the Bristol/Alton Bike Trail (General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute a License Agreement (Contract No. 9.5074) with Southern California Edison Company to continue the use of Edison property for the Bristol Street and Alton Avenue Bike Trail for a term from May 1, 2023 through April 30, 2028 in an amount not to exceed $1,587, subject to non -substantive changes approved by the City Manager and City Page 10 3/21/2023 Attorney (Agreement No. 2023-XXX). 19. Approve Second Amendment to Master Service and Purchasing Agreement with Axon Enterprise, Inc., in the amount of $451,000, for a Records Management System for the Police Department (Non -General Fund) Department(s): Police Department Recommended Action: Authorize the City Manager to execute the Second Amendment to the Agreement with Axon Enterprise, Inc. to provide a Records Management System to the Police Department in an additional amount not to exceed $451,000 for a total aggregate amount not to exceed $6,015,017, for the period of March 21, 2023 through June 30, 2027, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-XXX). 20. Second Amendment to Professional Services Agreement with Holland & Knight LLP for Federal Legislative Advocacy Services Department(s): City Manager Office Recommended Action: Approve a second amendment to an agreement with Holland & Knight LLP for federal legislative advocacy services for a three-month term from April 1, 2023 through June 30, 2023, in an amount not to exceed $29,400, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-XXX). 21. Historic Property Preservation Agreements Department(s): Planning and Building Agency Recommended Action: Authorize the City Manager or designee to execute the attached Mills Act Agreements with the below -referenced property owners for the identified structure(s), subject to non -substantive changes approved by the City Manager and City Attorney. (includes determination that the proposed projects are exempt from further review in accordance with the California Environmental Quality Act (CEQA) as the following Categorical Exemptions will be filed for this project: ER Nos. 2022-102, 2022-103, 2022-104, 2022-105, 2022-106, 2022-125, and 2022- 126) Property Owner(s), Historic Property Preservation Agreement No., Address/House, Vote by HRC 1. Jim Perez, 2022-12, 2218 N. Ross Street, 7:0:0:2 (Carpenter and Pena Sarmiento Absent) (Agreement No. 2023-XXX) 2. Carolyn Almquist, 2022-18, 2003 N. Victoria Drive, 7:0:0:2 (Carpenter and Pena Sarmiento Absent) (Agreement No. 2023-XXX) 3. Liennette Chung representing Wild Orchid Investments LLC, 2022-19, 313 N. Birch Street, 7:0:0:2 (Carpenter and Pena Sarmiento Absent) (Agreement No. 2023-XXX) 4. Andrew Chu, 2022-21, 501 E. Washington Avenue, 7:0:0:2 (Carpenter and Pena Sarmiento Absent) (Agreement No. 2023-XXX) Page 11 3/21/2023 5. Scott and Lisa Michaelis, 2022-22, 2123 N. Freeman, 7:0:0:2 (Carpenter and Pena Sarmiento Absent) (Agreement No. 2023-XXX) 6. Eric Neigher and Jennifer Nguyen, 2022-23, 1915 N. Flower Street, 8:0:0:1 (Mark McLoughlin Absent) (Agreement No. 2023-XXX) 7. Matthew L. and Robert D. Hale, 2022-24, 947 W. Buffalo Ave, 8:0:0:1 (Mark McLoughlin Absent) (Agreement No. 2023-XXX) 22. Appoint Fernando Delgado Nominated by Councilmember Hernandez as the Ward 5 Representative to the Police Oversight Commission for a Full -Term Expiring December 10, 2024 (Revised 3/15/2023) Department(s): City Clerk's Office Recommended Action: Appoint Fernando Delgado to the Police Oversight Commission as the Ward 5 representative and administer Oath of Office. **END OF CONSENT CALENDAR** BUSINESS CALENDAR 23. Councilmember-Requested Item Policy Informational Report Department(s): City Manager Office Recommended Action: Accept informational report and provide direction to staff. 24. Fiscal Year 2022-23 Mid -Year Budget Update, Revive Spending Plan Update, Appropriation Requests, and Workforce Changes Department(s): Finance and Management Services Recommended Action: 1. Receive and file the FY 2022-23 Mid -Year Budget Update, including an update for the Revive Santa Ana Spending Plan. 2. Approve the recommended Appropriation Adjustments. (Requires five affirmative votes) 3. Adopt a Resolution No. 2023-XXX -A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO AMEND RESOLUTION NO. 2015-026 TO EFFECT CERTAIN CHANGES TO THE CITY'S BASIC CLASSIFICATION AND COMPENSATION PLAN. 4. Adopt a Resolution No. 2023-XXX -A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO AMEND THE CURRENT FISCAL YEAR 2022- 2023 ANNUAL BUDGET TO ADD AND DELETE FULL-TIME POSITIONS IN THE LIBRARY DEPARTMENT, PARKS, RECREATION, AND COMMUNITY SERVICES DEPARTMENT, PLANNING AND BUILDING DEPARTMENT, AND PUBLIC WORKS DEPARTMENT. Page 12 3/21/2023 **END OF BUSINESS CALENDAR** 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. Sunshine Ordinance — Work Study Session Page 13 3/21/2023