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Home My WebLink About Agenda_2023-08-29City Council Special Meeting Agenda August 29, 2023 REGULAR OPEN MEETING - 5:30 PM CITY COUNCIL CHAMBER 22 Civic Center Plaza Santa Ana, CA 92701 Valerie Amezcua Mayor Thai Viet Phan Councilmember —Ward 1 Jessie Lopez Mayor Pro Tem - 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, ®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 8/29/2023 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 8/29/2023 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 items on the special meeting agenda 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 two (2) hours before the scheduled start 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:Hus02web.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 a comment. 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 5:30 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 SPECIAL AGENDA ITEMS — 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 5:00 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL PRIOR TO 5:30 p.m. Speakers who are not in the speaker queue by 5:30 p.m. will not be permitted to speak. Page 3 8/29/2023 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 eyeball or download a pdf (the cloud symbol with the down arrow 4 ft.). Page 4 8/29/2023 CITY COUNCIL SPECIAL OPEN 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 PLEDGE OF ALLEGIANCE Mayor Amezcua WORDS OF INSPIRATION Pastor Dion Thomas, Help is On The Way Church ADDITIONS\DELETIONS TO THE AGENDA CEREMONIAL PRESENTATIONS 1. Proclamation presented by Mayor Amezcua and Councilmember Penaloza to the Orange County Hunger Alliance declaring September 2023 as Hunger Action Month. 2. Certificates of Recognition presented by Mayor Pro Tern Lopez to the City's Housing Division Team for Outstanding Contributions to the Community. 3. Certificate of Recognition presented by Councilmember Vazquez to VietRISE for Outstanding Contributions to the Community. PUBLIC COMMENT — Public comments will be held during the beginning of the meeting for ALL comments on agenda items. I CONSENT CALENDAR RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 4 through 20 and waive reading of all resolutions and ordinances. Page 5 8/29/2023 4. Excused Absences Department(s): City Clerk's Office Recommended Action: Excuse the absent members. 5. Receive and File Quarterly Report of Investments as of June 30, 2023 Department(s): Finance and Management Services Recommended Action: Receive and file. 6. City's Response to Grand Jury Report Regarding Human Sex Trafficking in Orange County Department(s): Police Department, City Manager's Office Recommended Action: Approve City of Santa Ana's responses to the Grand Jury's Findings and Recommendations of the 2022-2023 Orange County Grand Jury Report - Human Sex Trafficking in OC pursuant to Penal Code sections 933 and 933.05. 7. Approve an Appropriation Adjustment and Approve Change Order to Add Funds in the Amount of $300,000 to an Existing Construction Contract with Onyx Paving Company, Inc. for a Revised Estimated Project Delivery Cost of $4,140,200, for the Local Street Preventative Maintenance FY 22-23 Project (Project No. 23-6907) (Non -General Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an appropriation adjustment recognizing prior year fund balance $300,000 in the Residential Street Improvement fund, Prior Year Carry Forward revenue account and appropriating the same amount into the Residential Street improvement fund, Improvements Other Than Building expenditure account for FY 2022-2023 capital operating expenses. (Requires five affirmative votes) 2. Approve change order to construction contract and an amendment to the Project Cost Analysis to reflect the new amount of $743,100 for project contingency for unanticipated or unforeseen work, for a total Construction Delivery Cost of $4,140,200, subject to non -substantive changes approved by the City Manager and City Attorney. 3. Approve an amendment to the Fiscal Year 2023-24 Capital Improvement Program for $300,000 for construction contingency funds, for the Local Street Preventative Maintenance FY 2022-23 (Project No. 23-6907). 8. Award a Construction Contract to All American Asphalt in the Amount of $1,564,835 for the Grand Avenue Rehabilitation from Warner Avenue to Edinger Avenue Project, with an Estimated Project Delivery Cost of $2,113,000 (Project No. 22-6987) (Non -General Fund) Page 6 8/29/2023 Department(s): Public Works Agency Recommended Action: 1. Authorize the reallocation of SB1 funds from the Euclid Rehabilitation from McFadden Avenue to First Street Improvement Project for a total of $570,870 to the Grand Avenue Rehabilitation from Warner Avenue to Edinger Avenue Project to complete the project funding requirement. 2. Award a construction contract to All American Asphalt, the lowest responsible bidder, in accordance with the base bid in the amount of $1,564,835, subject to change orders (not to exceed 25% of the base bid amount) in accordance with the Greenbook: Standard Specifications for Public Works Construction, for construction of the Grand Avenue Rehabilitation from Warner Avenue to Edinger Avenue Project, for a term beginning August 29, 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. 3. Approve the Project Cost Analysis for a total estimated construction delivery cost of $2,113,000, which includes $1,564,835 for the construction contract; $234,900 for contract administration, inspection, and testing; and a $313,265 project contingency for unanticipated or unforeseen work. 4. Determine that the recommended actions are exempt from further review in accordance with the California Environmental Quality Act as Categorical Exemption Environmental Review No. ER-2022-6 was filed for the project. 9. Award a Construction Contract to Hardy & Harper, Inc. in the Amount of $1,400,000 for the Alton Avenue Rehabilitation from Main Street to Standard Avenue Project, with an Estimated Project Delivery Cost of $1,750,000 (Project No. 21-6975) (Non -General Fund) Department(s): Public Works Agency Recommended Action: 1. Authorize the reallocation of SB1 funds from the Euclid Rehabilitation from First Street to Hazard Avenue Improvement Project for a total amount of $1,037,000 to the Alton Avenue Rehabilitation from Main Street to Standard Avenue Project to complete the project funding requirement. 2. Award a construction contract to Hardy & Harper, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $1,400,000, subject to change orders (not to exceed 25% of the base bid amount) in accordance with the Greenbook: Standard Specifications for Public Works Construction, for construction of the Alton Avenue Rehabilitation from Main Street to Standard Avenue Project for a term beginning August 29, 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. 3. Approve the Project Cost Analysis for a total estimated construction delivery cost of $1,750,000, which includes $1,400,000 for the construction contract; $210, 000 for contract administration, inspection, and testing; and a $140,000 project contingency for unanticipated or unforeseen work. Page 7 8/29/2023 4. Determine that the recommended actions are exempt from further review in accordance with the California Environmental Quality Act as Categorical Exemption Environmental Review No. ER-2021-43 was filed for the project. 10. Award a Construction Contract to Kalban, Inc. in the Amount of $3,037,800 for the Alley Improvements Program with an Estimated Project Delivery Cost of $4,252,820 (Project No. 23-6910) (M2 Local Fairshare) (General Fund) Department(s): Public Works Agency Recommended Action: 1. Authorize the reallocation of unspent Measure M2 Local Fairshare funds from various projects: $143,017 from Alley Improvement Program FY2018-19, $818,083 from Alley Improvement Program FY2021-22 for a total of $961,100 to the Alley Improvements Program Project to complete the project's funding requirement. 2. Award a construction contract to Kalban, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $3,037,800, subject to a change order (not -to -exceed 25 percent of the base bid) in accordance with the 2021 Greenbook: Standard Specifications for Public Works Construction for construction of the Alley Improvements Program Project, for the term beginning August 29, 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. 3. Approve the Project Cost Analysis for a total estimated construction delivery cost of $4,252,820, which includes $3,037,800 for the construction contract; $455,670 for contract administration, inspection, and testing; and a $759,350 project contingency for unanticipated or unforeseen work. 4. Determine that the recommended actions are exempt from further review in accordance with the California Environmental Quality Act as Categorical Exemption Environmental Review No. ER-2022-118 was filed for the project 23-6910. 11. Approve Agreement with Arakelian Enterprises, Inc., DBA Athens Services to Provide Street Sweeping Services, for a Total Amount Not to Exceed $64,572,750 for up to 15 Years (Specification No. 23-007) (General Fund and Non -General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with Athens Services to provide street sweeping services at a base amount of $3,913,500, with an annual contingency of $391,350, for a total annual amount of $4,304,850, plus allowance for an annual adjustment based on the Consumer Price Index, for a ten-year initial term totaling $43,048,500, beginning on July 1, 2024 and expiring June 30, 2034, with an option for one, five-year extension totaling $21,524,250, for an aggregate amount not to exceed $64,572,750, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-XXX). 12. Approve a License Agreement with The Legacy Fund for Use of 10th Street Right of Page 8 8/29/2023 Way (Non -General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute a license agreement with The Legacy Fund, a nonprofit public benefit organization, for use of public right- of-way on 10th Street between Main Street and Sycamore Street for improvements for the use and benefit of Orange County School of Arts students, staff, and faculty, for a 10-year term with two optional five-year extensions, with a $3,000 annual license fee paid to the City, subject to non -substantive changes approved by the City Manager and the City Attorney (Agreement No. 2023-XXX). 13. Approve Agreement with Volcan Advertising & Entertainment for Music Entertainment at the Fiestas Patrias Event in the Amount of $122,000 (General Fund) Department(s): Parks, Recreation, and Community Services Recommended Action: Authorize the City Manager to execute an agreement with Volcan Advertising & Entertainment to provide musical entertainment at the Fiestas Patrias event, in the amount of $122,000, beginning August 29, 2023 through September 30, 2023, subject to non -substantive change approved by the City Manager and City Attorney (Agreement No. 2023-XXX). 14. Approve Master Service Agreement with Lexipol, LLC to Provide Policy Manual Maintenance and Support to the Police Department (General Fund and Non -General Fund) Department(s): Police Department Recommended Action: Authorize the City Manager to execute an agreement with Lexipol, LLC, for the period of October 1, 2023 through September 30, 2026, to provide policy manual maintenance, support, and training services to the Police Department in an amount not to exceed $175,573.29, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2023- XXX). 15. Approve Agreement with Filler Security Strategies, Inc. in the Amount of $56,750 to Provide a Revision to the Three -Year Countywide Homeland Security Grants Strategy (Non -General Fund) Department(s): Police Department Recommended Action: Authorize the City Manager to execute an agreement with Filler Security Strategies, Inc., for the period of August 29, 2023 through March 31, 2024, to provide a revision to the Countywide Homeland Security Grants Strategy in an amount not to exceed $56,750, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-XXX). 16. Amend Agreement with Benefit Financial Services Group, LLC (BFSG) for Plan and Investment Advisory Services Pertaining to the 457 Deferred Compensation Plan to Page 9 8/29/2023 Add Participant Planning and Consulting Services at No Additional Cost Department(s): Finance and Management Services Recommended Action: Authorize the City Manager to execute the first amendment to the agreement with Benefit Financial Services Group, LLC to provide Participant Planning and Consulting Services at no additional cost, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2023- XXX). 17. City Attorney Evaluation and Resolution to Reflect Positive Performance Department(s): City Attorney's Office Recommended Action: Adopt a resolution to reflect an Exceeds Expectations performance evaluation conducted on August 15, 2023 and acknowledge retainer adjustment of $25,000 per the existing Legal Services Agreement with Best Best and Krieger LLP for City Attorney and Special Counsel Legal Services. RESOLUTION NO. 2023-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AFFIRMING A POSITIVE CITY ATTORNEY EVALUATION AND ACKNOWLEDGING A RETAINER INCREASE PURSUANT TO THE EXISTING RESTATED LEGAL SERVICES AGREEMENT FOR CITY ATTORNEY SERVICES 18. Resolution Declaring Support of the HOME Act AB1306 Department(s): City Manager's Office Recommended Action: Adopt a resolution declaring support of Assembly Bill 1306 (Carrillo) - State Government: Immigration Enforcement. RESOLUTION NO. 2023-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA SUPPORTING ASSEMBLY BILL 1306 (The HOME Act) 19. Authorize the Planning Division to Prepare and Provide Notice to the County of Orange Airport Land Use Commission (ALUC) in Accordance with Public Utilities Code Section 21676(b) for a Proposed Mixed -Use Development Project Located on the 41-Acre Site at 3600 South Bristol Street Currently Undergoing Public Review and Entitlements Processing with the City Department(s): Planning and Building Agency Recommended Action: Adopt a resolution authorizing the Planning Division to initiate the preparation and drafting of findings and determination overruling the County of Orange Airport Land Use Commission's Determination of Inconsistency associated with a proposed mixed -use development project on a 41-acre site located at 3600 South Bristol Street and to provide notice in accordance with Section 21676(b) of the Public Utilities Code to the County of Orange Airport Land Use Commission and the State of California Department of Transportation's Division of Aeronautics. Page 10 8/29/2023 RESOLUTION NO. 2023-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE PLANNING DIVISION TO INITIATE THE PREPARATION AND DRAFTING OF FINDINGS IN SUPPORT OF OVERRULING THE ORANGE COUNTY AIRPORT LAND USE COMMISSION'S DETERMINATION OF INCONSISTENCY ASSOCIATED WITH A PROPOSED MIXED -USE DEVELOPMENT PROJECT ON A 41-ACRE SITE LOCATED AT 3600 SOUTH BRISTOL STREET AND TO PROVIDE NOTICE IN ACCORDANCE WITH SECTION 21676(B) OF THE PUBLIC UTILITIES CODE TO THE COUNTY OF ORANGE LAND USE COMMISSION AND THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION'S DIVISION OF AERONAUTICS AT LEAST 45 DAYS PRIOR TO THE FUTURE PUBLIC HEARING DATE FOR THE PROPOSED PROJECT AND PROPOSED OVERRULING ACTION BY THE CITY COUNCIL (includes determination that this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines as the proposed action will not have a significant effect on the environment). **END OF CONSENT CALENDAR** I BUSINESS CALENDAR 20. Ordinance Amending Article VII, Prima Facie Speed Limits, of Chapter 36 of the Santa Ana Municipal Code Establishing Speed Limits on Certain Streets and Portions of Streets in the City (Project No. 22-2992) (Non -General Fund) Department(s): Public Works Agency Recommended Action: Approve first reading of an ordinance amending Article VII, Prima Facie Speed Limits, of Chapter 36 of the Santa Ana Municipal Code establishing speed limits on certain streets and portions of streets in the city. ORDINANCE NO. NS-XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REPEALING AND REENACTING IN ITS ENTIRETY ARTICLE VII OF CHAPTER 36 OF THE SANTA ANA MUNICIPAL CODE ESTABLISHING PRIMA FACIE SPEED LIMITS **END OF BUSINESS CALENDAR** COUNCILMEMBER REQUESTED ITEMS 21. Discuss and consider directing the City Manager to prepare an ordinance for City Council's consideration to amend the City of Santa Ana's Rent Stabilization and Just Cause Eviction Ordinance to require supermajority approval of the total number of Councilmembers for certain future amendments to the ordinance. — Councilmember Phan Page 11 8/29/2023 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 Special meeting. Future Items 1. Water Quality PFAS Presentation with Orange County Water District Page 12 8/29/2023