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HomeMy WebLinkAbout2024-08-06 RegularMinutes of the Regular Meeting of the City Council City of Santa Ana, California 41 August 6, 2024 CLOSED SESSION MEETING - 4:30 P.M. REGULAR OPEN MEETING - 5:30 P.M. (Immediately following the Closed Session Meeting) CITY COUNCIL CHAMBER 22 Civic Center Plaza Santa Ana, CA 92701 CLOSED SESSION CALL TO ORDER MINUTES: Mayor Amezcua called the Closed Session meeting to order at 4:33 P.M. ATTENDANCE Council Members Mayor Pro Tern Mayor Acting City Manager City Attorney City Clerk ROLL CALL Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez David Penaloza Benjamin Vazquez Thai Viet Phan Valerie Amezcua Alvaro Nunez Sonia R. Carvalho Jennifer L. Hall MINUTES: City Clerk Jennifer L. Hall conducted roll call. Councilmembers Hernandez and Vazquez, Mayor Pro Tem Phan, and Mayor Amezcua were present. Councilmembers Bacerra, Lopez, and Penaloza arrived during Closed Session. CITY COUNCIL 1 AUGUST 6, 2024 ADDITIONSIDELETIONS TO CLOSED SESSION MINUTES: None. PUBLIC COMMENTS-- Members of the public may address the City Council on Closed Session items. MINUTES: No public comments were received regarding Closed Session Agenda items. RECESS — City Council will recess to Closed Session for the purpose of conducting regular City business. MINUTES: Mayor Amezcua recessed to consider the Closed Session items at 4:34 P.M. 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. In re: National Prescription Opiate Litigation, United States District Court (N.D. Ohio), Case No. 1:17-and-2804 B. Bilhah Lopez v City of Santa Ana and DOES 1-50, inclusive, Orange County Superior Court, Case No. 30-2022-01282260-CU-OE-CJC 2. PUBLIC EMPLOYEE EMPLOYMENTIAPPOINTMENT pursuant to Government Code Section 54957(b)(1): Title: City Manager 3. CONFERENCE WITH LABOR NEGOTIATOR pursuant to California Government Code Section 54957.6(a): Agency Designated Representative(s): Jacob Green, Greg Devereaux Unrepresented Employee: City Manager CLOSED SESSION REPORT —The City Attorney will report on any action(s)from Closed Session. RECONVENE — City Council will reconvene to continue regular City business. CITY COUNCIL 2 AUGUST 6, 2024 CITY COUNCIL REGULAR OPEN SESSION CALL TO ORDER MINUTES: MayorAmezcua reconvened the City Council Meeting to orderat 5:59 P.M. ATTENDANCE Councilmembers Mayor Pro Tern Mayor Acting City Manager City Attorney City Clerk ROLL CALL Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez David Penaloza Benjamin Vazquez Thai Viet Phan Valerie Amezcua Alvaro Nunez Sonia R. Carvalho Jennifer L. Hall MINUTES: City Clerk Jennifer L. Hall conducted roll call. Councilmembers Bacerra, Hernandez (arrived at 6:01 P.M.), Lopez, Penaloza, and Vazquez, Mayor Pro Tem Phan, and Mayor Amezcua were present. Mayor Amezcua announced the appointment of Alvaro Nunez as City Manager by a unanimous vote of the City Council during closed session and stated the contract would be approved at the next City Council meeting of August 20, 2024. PLEDGE OF ALLEGIANCE Iker Reyes MINUTES: Mayor Amezcua presented a Certificate of Recognition to Iker Reyes for his outstanding contributions to the community. WORDS OF INSPIRATION Mario Morales, Victory Outreach ADDITIONSIDELETIONS TO THE AGENDA MINUTES: City Clerk Jennifer L. Hall announced a correction to Agenda Item No, 14, Agreement with Outdoor Dimensions, that Recommended Action No. 1 states 25% for change orders and should read 10% for change orders. CEREMONIAL PRESENTATIONS 1. Certificate of Recognition presented by Mayor Pro Tern Phan to the 2023- 2024 Com-Link Board for Outstanding Contributions to the Community CITY COUNCIL 3 AUGUST 6, 2024 MINUTES: Mayor Pro Tem Phan presented a certificate of recognition to the 2023- 2024 Com-Link Board for outstanding contributions to the community. 2. Proclamation presented by Councilmember Hernandez to the Artesia Pilar Neighborhood Leaders and Marina Aguilera declaring August 2024 as Chicano Heritage Month MINUTES: Councilmember Hernandez presented a proclamation to the Artesia Pilar Neighborhood Leaders and Marina Aguilera declaring August 2024 as Chicano Heritage Month. 3. Certificate of Recognition presented by Councilmember Lopez to Western States Regional Council of Carpenters for Outstanding Contributions to the Community MINUTES: Councilmember Lopez presented a certificate of recognition to Western States Regional Council of Carpenters for outstanding contributions to the community. 4. Certificates of Recognition presented by Councilmember Bacerra to Orange County Fire Authority's 2024 Best and Bravest Award Recipients for Outstanding Contributions to Public Safety MINUTES: Councilmember Bacerra presented certificates of recognition to Orange County Fire Authority's 2024 Best and Bravest Award Recipients for outstanding contributions to public safety. 5. Proclamation presented by Councilmember Vazquez Posthumously Honoring Salvador Quintana for Outstanding Contributions to the Community MINUTES: Councilmember Vazquez presented a certificate of recognition to Posthumously Honoring Salvador Quintana for outstanding contributions to the community. CLOSED SESSION REPORT —The City Attorney will report on any action(s) from Closed Session. MINUTES: City Attorney Sonia Carvalho stated there was no additional reportable action. PUBLIC COMMENTS — Public comments will be held during the beginning of the meeting for ALL comments on agenda and non -agenda items. MINUTES: City Clerk Jennifer L. Hall reported out the summary of email comments received: five (5) Agenda Item No. II and five (5) non -agenda comments. CITY COUNCIL 4 AUGUST 6, 2024 The following speakers addressed City Council in -person: 1. Claudia Morales (translation: Spanish) spoke regarding her experience related to evictions and housing. 2. Ana Charco, Latino Health Access, spoke regarding housing and eviction awareness. 3. Edith G. (translation: Spanish) spoke regarding her experience related to evictions and housing. 4. Mario Alvarado spoke regarding funds related to Agenda Item No. 13. 5. Carlos Perea requested the City Council hire an Independent Oversight Director to oversee the Police Commission and expressed concern regarding freedom of press. 6. Victor Mendez thanked Mayor Amezcua for defending First Amendment rights and spoke regarding monies and politics and in opposition to Agenda Item No. 15. 7. Ray Diaz spoke regarding the media policy. CONSENT CALENDAR RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 6 through 26 and waive reading of all resolutions and ordinances. MINUTES: At 7:31 P.M., the Consent Calendar was considered. Councilmember Hernandez requested to comment on Agenda Item Nos. 12, 13, and 18. Mayor Pro Tem Phan recused herself from Agenda Item Nos. 18 and 25 as the listed entities, PCL Construction, Orange County Water District, and City of Anaheim are clients of her employer, Rutan and Tucker. Councilmember Penaloza pulled Agenda Item Nos. 14 and 20 for separate discussion and consideration and announced a no vote on Agenda Item No. 24. MayorAmezcua pulled Agenda Item No. 13 for separate discussion and consideration. CITY COUNCIL 5 AUGUST 6, 2024 MOTION: Councilmember Hernandez moved to approve Consent Calendar Item Nos. 6 through 26 with the exception of Agenda Item Nos. 13, 14, and 20 pulled for separate discussion and consideration, seconded by Councilmember Lopez. The motion carried, 7-0, by the following roll call vote: AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER LOPEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM PHAN, MAYOR AMEZCUA NOES: NONE ABSTAIN: NONE ABSENT: NONE Status: 7 — 0 — Pass 6. Excused Absences Department(s): City Clerk's Office Recommended Action: Excuse the absent members. 7. Minutes from the Regular Meeting of July 16, 2024 Department(s): City Clerk's Office Recommended Action: Approve minutes. 8. Appoint Joshua Jogwe Nominated by Mayor Pro Tern Phan as the Ward 1 Representative to the Parks and Recreation Commission for a Partial Term Expiring December 10, 2024 Department(s): City Clerk's Office Recommended Action: Appoint Joshua Jogwe to the Parks and Recreation Commission as the Ward 1 representative and administer the Oath of Office. (Pursuant to SAMC Sec. 2-326(a), requires five affirmative votes) MINUTES: City Clerk Jennifer L. Hall administered the Oath of Office to Parks and Recreation Commissioner Joshua Jogwe. 9. Appoint Edith Hernandez Nominated by Councilmember Bacerra as the Ward 4 Representative to the Youth Commission for a Partial Term Expiring December 8, 2026 Department(s): City Clerk's Office Recommended Action: Appoint Edith Hernandez to the Youth Commission as the CITY COUNCIL 6 AUGUST 6, 2024 Ward 4 representative and administer Oath of Office. MINUTES: City Clerk Jennifer L. Hall administered the Oath of Office to Youth Commissioner Edith Hernandez. 10. Receive and File Boards and Commissions Biannual Attendance Report for January Through June 2024 and Make Vacancy Determination(s) Department(s): City Clerk's Office Recommended Action: 1. Receive and file Boards and Commissions Biannual Report; 2. Declare that the Section 8 Tenant Seat on the Community Development Commission is vacant due to numerous absences by the previous incumbent; and 3. Provide other direction to staff, if/as needed. 11.2023 Travel Santa Ana Annual Report Department(s): Community Development Agency Recommended Action: Receive and file. 12.Agreement with the Orange County Children's Therapeutic Arts Center for Youth Workforce Services for Program Year 2024-2025 (Non -General Fund) Department(s): Community Development Agency Recommended Action: Authorize the City Manager to execute an agreement with Orange County Children's Therapeutic Arts Center for youth workforce services for a one-year term beginning August 1, 2024 and ending July 31, 2025, in an amount not to exceed $300,000 (Agreement No. A-2024-108). MINUTES: Councilmember Hernandez spoke in support of the item. AGENDA ITEM NO. 13 WAS PULLED FOR SEPARATE DISCUSSION AND CONSIDERATION 13.Agreement with the U.S. Department of Housing and Urban Development (HUD) and Appropriation Adjustment to Recognize $2,500,000 in Grant Funds for the Downtown Business Improvements Initiative Project Department(s): Community Development Agency CITY COUNCIL 7 AUGUST 6, 2024 Recommended Action: 1. Authorize the City Manager to execute the grant agreement with the U.S. Department of Housing and Urban Development (HUD) (Agreement No. A- 2024-109). 2. Approve an appropriation adjustment to recognize $2,500,000 from the US Department of Housing and Urban Development for the Downtown Business Improvement Initiatives Project into Federal Grant revenue account (no. 41818002-52001 Federal Grant -Direct) and appropriate the same amount into expenditure accounts (no. 41818834-62300 Contract Services — Professional and 418834-61000 Salaries Regular). (Requires five affirmative votes) MINUTES: Mayor Amezcua stated monies received would go to wireless networks and City -owned parking structures in the Downtown area. Councilmember Hernandez spoke regarding the use of monies received in the Downtown area and the benefit to the community. Councilmember Bacerra thanked Congressman Correa for the funding and briefly spoke regarding the next steps. MOTION: Councilmember Hernandez moved to approve the recommended action for Item No. 13, seconded by Councilmember Bacerra. The motion carried, 7-0, by the following roll call vote: AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER LOPEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM PHAN, MAYOR AMEZCUA NOES: NONE ABSTAIN: NONE ABSENT: NONE Status: 7 -- 0 — Pass AGENDA ITEM NO. 94 WAS PULLED FOR SEPARATE DISCUSSION AND CONSIDERATION 14.Award an Agreement with Outdoor Dimensions, LLC for Digital Marquees (Non -General Fund) (Revive Santa Ana) Department(s): City Manager Office CITY COUNCIL 8 AUGUST 6, 2024 Recommended Action: 1. Authorize the City Manager to execute an agreement with Outdoor Dimensions, LLC to build and install digital marquees at six (6) properties across the city for a one-year term in a total aggregate amount not to exceed $1,859,909 subject to change orders (not to exceed 25% of the base bid amount) in accordance with the Greenbook: Standard Specifications for Public Works Construction (Agreement No. A-2024-110). 2. Approve an amendment to the Fiscal Year 2023-24 Capital Improvement Program to include $1,859,909 of funding from the American Rescue Plan Act for Digital Marquees Project (No. 22-1306). 3. Determine that, in accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review Nos. ER-2024-47, ER-2024-48, ER-2024-49, ER-2024- 50, ER-2024-51, and ER-2024-52 were filed for this project. MINUTES: Councilmember Penaloza spoke regarding the noted change in the change orders, asked for clarification regarding the monies listed in the staff report, and spoke in opposition to the item. Assistant City Manager Steven Mendoza spoke regarding the reflected percentage on the staff report and the noted the change announced by the City Clerk. Councilmember Lopez spoke in support of the item and requested an email of when all agreements have been executed. Mayor Pro Tem Phan spoke in support of the item. MOTION: Councilmember Lopez moved to approve the recommended action for Item No. 14, seconded by Councilmember Hernandez. The motion carried, 6-1, by the following roll call vote: AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER LOPEZ, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM PHAN, MAYOR AMEZCUA NOES: COUNCILMEMBER PENALOZA ABSTAIN: NONE ABSENT: NONE Status: 6 — 1 — Pass CITY COUNCIL 9 AUGUST 6, 2024 15.Renewal of Citywide Insurance Program and Policies Procured through Independent Cities Risk Management Authority (ICRMA) and Arthur J. Gallagher, and Appropriation Adjustment, Associated Insurance Premiums, Costs, Programs, and Regulatory Fees for an Amount not to Exceed $12,600,000 (Non -General Fund) Department(s): Human Resources Recommended Action: 1. Authorize the City Manager to approve payment of insurance premiums and associated programs to ICRMA in an amount not to exceed $8,250,000 for the protection of City assets from July 1, 2024 through June 30, 2025 including, but not limited to, the following: a. Excess Liability Program b. Excess Workers' Compensation Program c. Auto Physical Damage Program d. Property and Equipment Program e. Crime Program f. Cyber Program g. Associated Programs 2. Authorize the City Manager to approve payment of insurance premiums to Arthur J. Gallagher, Broker, in an amount not to exceed $3,500,000 for ancillary coverages of City's assets from July 1, 2024 to June 30, 2025 including but not limited to: a. General Liability Buffer Program b. Workers' Compensation Buffer Program c. Earth Movement & Flood and Difference in Coverage Program d. Terrorism Insurance Program e. Underground Storage Tank and Environmental Program 3. Authorize the City Manager to approve payments to cover FY 2024-25 City Special Events Insurance for events, including, but not limited to, Fourth of July fireworks show, neighborhood winter events, and other City -sponsored events as created and held, in an amount not to exceed $350,000. 4. Authorize the City Manager to approve the City's obligation to pay the State of California DIR estimated assessment in the amount not to exceed $500,000. 5. Approve an Appropriation Adjustment to recognize $2,200,000 in the Liability and Property Insurance Revenue, Prior Year Carryforward revenue account (No. 08009002-50001) and appropriate the same amount into the Liability & CITY COUNCIL 10 AUGUST 6, 2024 Property insurance account (No. 08009051-64010). (Requires five affirmative votes) 16. Historic Property Preservation Agreements for the Properties Located at 1205 S Birch Street and 516 W 19th Street Department(s): Planning and Building Agency Recommended Action: Authorize the City Manager to execute the attached Mills Act agreements with the below -referenced property owners for the identified structure(s) (Agreement Nos. A-2024-111 and A-2024-112). [Includes determination that the proposed projects are exempt from further review in accordance with the California Environmental Quality Act as the following Categorical Exemptions will be filed: ER No. 2024-11 and ER No. 2024-17] Table 1: Mills Act Agreements Approved by the Historic Resources Commission (HRC) Historic Property Property Address/House Vote by HRC Owner(s) Preservation Agreement No. 6.0.0.3 Michael T. 2024-03 1205 S. Birch (Commissioner Altshuler Street Shipp, Hardy, and Padilla absent) Jill Brumett and 6.0.0.3 Mona R. 2024-04 516 W. 19th (Commissioner Konstan Street Shipp, Hardy, and Padilla absent 17. Second Amendments to Agreements for Rotational Towing and Storage Services Department(s): Police Department Recommended Action: Authorize the City Manager to execute second amendments to the agreements with the following contractors to allow two one-year extensions to the term and exercise the first extension option from September 1, 2024 through August 31, 2025, and to increase the compensation fee schedule for rotational towing and storage services: 1. Standard Enterprises, Inc. dba To' and Mo' (Agreement No. A-2024-113); 2. Greater Southern California Towing, Inc. (Agreement No. A-2024-114); 3. B&D Towing, Inc. (Agreement No. A-2024-115); and CITY COUNCIL 11 AUGUST 6, 2024 4. MetroPro Road Services, Inc. (Agreement No. A-2024-116) 18.Appropriation Adjustment and Construction Contract to PCL Construction Services, Inc. for the Main Library Renovation Project (Project No. 22-1380, 24-7531, 25-7528) (Revive Santa Ana) (General Fund and Non -General Fund) Department(s): Public Works Agency and Library Recommended Action: 1. Approve an appropriation adjustment recognizing $1,235,145 of prior -year fund balance in the CATV Fund, Prior Year Carry Forward revenue account and appropriating the same amount to the CATV Fund, Buildings & Building Improvements expenditure account. (Requires five affirmative votes) 2. Authorize a budget reallocation of $1,401,776 in unspent funds from the Newhope Improvements Project (No. 22-1802) to construction funds for the Main Library Renovation Project (Project No. 22-1380, 24-7531, 25-7528). 3. Approve an amendment to the Fiscal Year 2024-2025 Capital Improvement Program to include $1,235,145 in construction funds for the Main Library Renovation Project (No. 22-1380). 4. Approve the Project Cost Analysis for a total estimated construction delivery cost of $23,927,519, which includes $19,353,442 for the construction contract, $316,320 for contract administration, inspection, and testing, and a $4,257,757 project contingency for unanticipated or unforeseen work, due to the complexity and extensive scope of this project. 5. Award a construction contract to PCL Construction Services, Inc., the lowest responsible bidder, in accordance with the base bid and bid alternates in the amount of $19,353,442, 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 Main Library Renovation Project, for a term beginning August 6, 2024, and ending upon project completion, and authorize the City Manager to execute the contract. 6. Determine that, pursuant to the California Environmental Quality Act (CEQA), the recommended actions are exempt from further review pursuant to Section 15301(a) and 15301(d) of the CEQA Guidelines for projects consisting of interior and exterior alterations, as well as restoration or rehabilitation of structures, facilities, mechanical equipment, and windows. The proposed project continues to meet these parameters of the CEQA Guidelines, and Categorical Exemption CITY COUNCIL 12 AUGUST 6, 2024 Environmental Review No. ER-2024-30 was filed for Project 22-1380 on April 17, 2024. MINUTES: Councilmember Hernandez spoke in support of the item. Mayor Pro Tem Phan recused herself from Agenda Item No. 18 as the listed entity, PCL Construction, is a client of her employer, Rutan and Tucker, and left the dais from 7:52 P.M. to 7: 54 P.M, MOTION: Councilmember Hernandez moved to approve the recommended action for Item No. 18 as part of the Consent Calendar, seconded by Councilmember Lopez. The motion carried, 6-0-1, by the following roll call vote: AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER LOPEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER VAZQUEZ, MAYOR AMEZCUA NOES: NONE ABSTAIN: MAYOR PRO TEM PHAN (recusal) ABSENT: NONE Status: 6 — 0 —1 — Pass 19. Construction Contract to Elecnor Belco Electric, Inc. for the Traffic Signal Modification at Warner Avenue and Wright Street Project and Appropriation Adjustment (Project No. 23-7539) (Non -General Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an appropriation adjustment recognizing $197,335 of prior -year fund balance in the Transportation System Improvement Authorization Area B Tustin fund, Prior Year Carry Forward revenue account and appropriate to the Transportation System Improvement Authorization Area B Tustin, Improvements Other Than Buildings expenditure account. (Requires five affirmative votes) 2. Award a construction contract to Elecnor Belco Electric, Inc., the lowest responsible bidder, in accordance with the base bid and alternate bid items in the amount of $562,868, 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 Traffic Signal Modification at Warner Avenue and Wright Street for the term beginning upon execution of CITY COUNCIL 13 AUGUST 6, 2024 the contract and ending upon project completion, and authorize the City Manager to execute the contract. 3. Approve the Project Cost Analysis for a total estimated construction delivery cost of $703,585, which includes $562,868 for the construction contract, $84,430 for contract administration, inspection, and testing, and a $56,287 project contingency for unanticipated or unforeseen work. 4. Approve an amendment to the FY 2024-25 Capital Improvement Program to include $197,335 in construction funding from the Transportation System Improvement Authorization Area B fund for the Traffic Signal Modification at Warner Avenue and Wright Street project. 5. Determine that, in accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER-2024-35 was filed for the project 23-7539. AGENDA ITEM NO. 20 WAS PULLED FOR SEPARATE DISCUSSION AND CONSIDERATION 20. Construction Contract to Cabifornia, Inc. for the Santa Ana Regional Transportation Center Fountain Renovation (Project No. 24-6058) (General Fund and Non -General Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an amendment to the FY 2024-25 Capital Improvement Program to include $587,250 in construction funding approved in FY 2023-24 from the Clean California Local Grants Program through the California Department of Transportation. 2. Approve the Project Cost Analysis for a total estimated construction delivery cost of $587,250 which includes $435,000 for the construction contract, $65,250 for contract administration, inspection, and testing, and a $87,000 project contingency for unanticipated or unforeseen work. 3. Award a construction contract to Cabifornia, Inc. in accordance with the base bid in the amount of $435,000, 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 the fountain replacement of the Santa Ana Regional Transportation Center for the term beginning upon CITY COUNCIL 14 AUGUST 6, 2024 execution of the contract and ending upon project completion, and authorize the City Manager to execute the contract. 4. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER-2024-58 was filed for project 24-6058. MINUTES: Councilmember Penaloza expressed excitement for renovation and expressed concern regarding the 25% contingency amount. Public Works Director Nabil Saba spoke regarding the proposed contingency related to construction contracts and the Greenbook Standards, City Attorney Sonia Carvalho spoke regarding standard contingencies. MOTION: Councilmember Penaloza moved to approve the recommended action for Item No. 20, as amended to lower the contingency for change orders from 25% to 10%, seconded by Councilmember Hernandez. MINUTES: Councilmember Bacerra expressed concern with the 25% contingency and suggested a 10%-15% contingency. Councilmember Lopez asked whether the change in the contingency would affect the grant. City Manager Alvaro Nunez stated the percentage would not affect the grant and spoke regarding setting internal parameters regarding contingencies. The motion carried, 7-0, by the following roll call vote: AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER LOPEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM PHAN, MAYOR AMEZCUA NOES: NONE ABSTAIN: NONE ABSENT: NONE Status: 7 — 0 — Pass 21.Agreement with Griswold Industries, dba Cla-Val, for Flow Control Valve Maintenance, Rehabilitation, and Replacement Services at City Water Facilities (Non -General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with CITY COUNCIL 15 AUGUST 6, 2024 Griswold Industries, dba Cla-Val, to provide flow control valve maintenance, rehabilitation, and replacement services for City water facilities, for a total amount not to exceed $1,250,000, for a three-year term beginning August 6, 2024 and expiring August 5, 2027, with a provision for one, two-year extension (Agreement No. A-2024-117). 22.Agreement Amendment with Superior Property Services, Inc. for Hardscape Pavement Cleaning and Infectious Waste Removal Services (Non -General Fund) (Revive Santa Ana Program) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute the second amendment to the agreement with Superior Property Services, Inc. to increase the total compensation amount by $52,500 for a total agreement amount not to exceed $2,019,068 (Agreement No. A-2024-118). 23.Agreement with ICF Incorporated, LLC to Develop a Fleet Electrification & EV Charging Master Plan and City Fleet Policies (RFP No. 24-002) (General Fund and Non -General Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an appropriation adjustment recognizing $73,179 of 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, Contract Services -Professional expenditure account. (Requires five affirmative votes) 2. Authorize the City Manager to execute an agreement with ICF Incorporated, LLC to develop a Fleet Electrification and EV Charging Master Plan and City Fleet Policies in the amount of $150,590, plus a contingency of $22,589, for a three- year period beginning August 6, 2024 and expiring August 5, 2027, with provisions for two one-year extensions (Agreement No. A-2024-119). 24.Agreements with Project Partners, Interwest Consulting Group Inc., EC & AM Associates Inc. dba GK & Associates Inc., Richard Fisher Associates, and Ladayu Consulting Group for On -Call Staff Support Services for Inspection, Engineering, Project Management, and Administration Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute agreements with the firms listed below to provide inspection, engineering, project management, and administration services, for a three-year period commencing August 6, 2024, and CITY COUNCIL 16 AUGUST 6, 2024 expiring August 5, 2027, with a provision for one, two-year renewal option, for a total aggregate amount not to exceed $2,500,000 for the term of the contract, including the optional renewal (Core Agreement No. A-2024-120). Firms Location Project Partners Laguna Hills, CA Interwest Consulting Group, Inc. Loveland, CO GK & Associates, Inc. Diamond Bar, CA Richard Fisher Associates Irvine, CA Ladayu Consulting Group Palos Verdes Estates, CA MOTION: Councilmember Hernandez moved to approve the recommended action for Item No. 24 as part of the Consent Calendar, seconded by Councilmember Lopez. The motion carried, 6-1, by the following roll call vote: AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER LOPEZ, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM PHAN, MAYOR AMEZCUA NOES: COUNCILMEMBER PENALOZA ABSTAIN: NONE ABSENT: NONE Status: 6 —1 — Pass 25.Approve an Agreement with the Metropolitan Water District of Southern California, Municipal Water District of Orange County, Orange County Water District, City of Anaheim, and City of Fullerton for the Assignment of Extraordinary Supply from the Santa Ana River Conservation and Conjunctive Use Program (Non -General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with the Metropolitan Water District of Southern California, Municipal Water District of Orange County, Orange County Water District, City of Anaheim, and City of Fullerton for the assignment of Extraordinary Supply from the Santa Ana River Conservation and Conjunctive Use Program (Agreement No. A-2024-121). MINUTES: Mayor Pro Tem Phan recused herself from Agenda Item No. 25 as the listed entities, Orange County Water District and City of Anaheim, are clients of her employer, Rutan and Tucker. CITY COUNCIL 17 AUGUST 6, 2024 MOTION: Councilmember Hernandez moved to approve the recommended action for Item No. 25 as part of the Consent Calendar, seconded by Councilmember Lopez. The motion carried, 6-0-1, by the following roll call vote: AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER LOPEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER VAZQUEZ, MAYOR AMEZCUA NOES: NONE ABSTAIN: MAYOR PRO TEM PHAN (recusal) ABSENT: NONE Status: 6 — 0 —1 — Pass 26. Resolution Authorizing the City Manager or Designee to Execute Subgrant Agreements to Receive Workforce Innovation and Opportunity Act Funds for a Four -Year Period Expiring June 30, 2028 (Non -General Fund) Department(s): Community Development Agency Recommended Action: Adopt a resolution authorizing the City Manager or designee to execute subgrant agreements (AA511027) and all necessary documents for Workforce Innovation and Opportunity Act funds from the State of California for a four-year period from July 1, 2024 to June 30, 2028 (Agreement No. A-2024-139). RESOLUTION NO. 2024-046 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE A SUBGRANT AGREEMENT AND ALL NECESSARY DOCUMENTS TO RECEIVE FUNDS FOR THE WORKFORCE INNOVATION AND OPPORTUNITY ACT WITH THE STATE OF CALIFORNIA, WORKFORCE SERVICES DIVISION, FOR A PERIOD FROM JULY 30, 2024 TO JUNE 30, 2028 **END OF CONSENT CALENDAR** PUBLIC HEARINGS PUBLIC COMMENTS-- Members of the public may address the City Council on each of the Public Hearing items. MINUTES: At 8: 03 P.M., the Public Hearing was considered. 27. Public Hearing — Recovery of Uncollected Costs Incurred by the City Related to the Abatement of Dangerous and Abandoned Buildings (Continued from the July 16, 2024 City Council meeting) CITY COUNCIL 18 AUGUST 6, 2024 Legal notice published in OC Reporter on July 3, 2024 and property owner notification letters mailed on same date; Notice of Continuance posted on July 17, 2024. Department(s): Planning and Building Agency Recommended Action: 1. Authorize the Adopt a resolution affirming the Fiscal Year 2023-2024 Dangerous and Abandoned Building Program Report and authorize the transmittal of uncollected charges incurred by the City related to the abatement of dangerous and abandoned buildings to the office of Auditor -Controller, County of Orange. RESOLUTION NO. 2024-047 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CONFIRMING THE COSTS OF SECURING AND/OR DEMOLITION OF VARIOUS STRUCTURES DECLARED TO BE PUBLIC NUISANCES; MAKING, CONFIRMING AND LEVYING ASSESSMENTS FOR SUCH COSTS; AND ORDERING SUCH COSTS TO BE RECORDED WITH THE ORANGE COUNTY RECORDER'S OFFICE 2. Determine that the proposed action does not constitute a "project" under the California Environmental Quality Act (CEQA) in accordance with section 15378(a) and (b)(5) as the adoption of this resolution authorizes an administrative action and will not result in a direct or reasonable foreseeable indirect physical change in the environment and there is no possibility it will have a significant effect on the environment. Accordingly, it is exempt from further CEQA review pursuant to section 15061(b)(3) and (b)(5) of the CEQA guidelines as amended. MINUTES: Mayor Amezcua opened the Public Hearing at 8:05 P.M. City Clerk Jennifer L. Hall reported out the summary of email comments received: one (1) Agenda Item No. 27. There being no speakers, Mayor Amezcua closed the Public Hearing at 8:05 P.M. MOTION: Councilmember Hernandez moved to approve the recommended action for Item No. 27, seconded by Mayor Amezcua. The motion carried, 7-0, by the following roll call vote: AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER LOPEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM PHAN, MAYOR AMEZCUA NOES: NONE ABSTAIN: NONE ABSENT: NONE CITY COUNCIL 19 AUGUST 6, 2024 Status: 7-0 — Pass 28. Public Hearing — Zoning Ordinance Amendment No. 2024-01 for South Coast Technology Center at 3100, 3110, 3120, 3130, and 3400 West Lake Center Drive (collectively referred to as 3100 W. Lake Center Drive) Legal notice published in the OC Reporter on July 26, 2024 and notices mailed on same date. Department(s): Planning and Building Agency Recommended Action: 1. Approve first reading of an ordinance approving Zoning Ordinance Amendment (ZOA) No. 2024-01. ORDINANCE NO. NS-3068 entitled ZONING ORDINANCE AMENDMENT NO. 2024-01 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SPECIFIC DEVELOPMENT NO. 58 (SD-58) TO ESTABLISH PERMITTED AND CONDITIONALLY PERMITTED LIGHT INDUSTRIAL LAND USES, ESTABLISH DEVELOPMENT STANDARDS FOR THE NEW PROPOSED USES, AND TO INCLUDE ADDITIONAL COMPREHENSIVE/ZONING TEXT EDITS AND UPDATES, TO FACILITATE THE CONSTRUCTION OF A NEW INDUSTRIAL PARK DEVELOPMENT NAMED THE SOUTH COAST TECHNOLOGY CENTER LOCATED AT 3100, 3110, 3120, 3130, AND 3400 WEST LAKE CENTER DRIVE (APNS: 414-272- 09, 414-272-10, AND 414-261-01) 2. Determine that, pursuant to the California Environmental Quality Act (CEQA), the project is exempt from CEQA pursuant to Section 16183 of the CEQA Guidelines (Projects Consistent with a Community Plan or Zoning). Environmental Review No. 2023-109 will be re -filed for this project. MOTION: Councilmember Hernandez moved to not hear the presentation for Agenda Item No. 28, seconded by Mayor Amezcua. The motion carried, 5-2, by the following roll call vote: AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER LOPEZ, COUNCILMEMBER VAZQUEZ, MAYOR AMEZCUA NOES: COUNCILMEMBER PENALOZA, MAYOR PRO TEM PHAN ABSTAIN: NONE ABSENT: NONE Status: 5 — 2 — Pass MINUTES: Mayor Amezcua opened the Public Hearing at 8.40 P.M. CITY COUNCIL 20 AUGUST 6, 2024 City Clerk Jennifer L. Hall reported out the summary of email comments received: nine (9) Agenda Item No. 28. The following speakers addressed the City Council in -person: 9. Wanyae McDonald spoke in support of the item. 2. Zach Strasters spoke in support of the item. 3. John Tafoya spoke in support of the item. 4. Randy Wetmur spoke in support of the item. 5. Michael Garcia spoke in support of the item. 6. Jonathan Dailey spoke in support of the item. 7. Henry Hillebrecht spoke in support of the item. 8. Daniel Osborne spoke in support of the item. There being no additional speakers, Mayor Amezcua closed the Public Hearing at 8: 22 P.M. Councilmember Hernandez spoke in support of the item. Councilmember Bacerra thanked the Segerstrom family and spoke in support of the item. Councilmember Penaloza thanked the Segerstrom family and spoke in support of the item. Councilmember Vazquez thanked the Segerstrom family and spoke in support of the item. Councilmember Lopez thanked the Segerstrom family and spoke in support of the item. Mayor Pro Tern Phan thanked the Segerstrom family and spoke in support of the item. Mayor Amezcua thanked the Segerstrom family and spoke in support of the item. MOTION: Councilmember Hernandez moved to approve the recommended action for Item No. 28, seconded by Councilmember Bacerra, CITY COUNCIL 21 AUGUST 6, 2024 The motion carried, 7-0, by the following roll call vote: AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER LOPEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM PHAN, MAYOR AMEZCUA NOES: NONE ABSTAIN: NONE ABSENT: NONE Status: 7-0 — Pass **END OF PUBLIC HEARINGS** RECESS MINUTES: Mayor Amezcua recessed the City Council meeting to consider the Housing Authority Agenda at 8: 31 P.M. RECONVENE MINUTES: Mayor Amezcua reconvened the City Council meeting at 8:32 P.M. CITY MANAGER COMMENTS MINUTES: City Manager Alvaro Nunez announced the Chicano Heritage Festival on August 11, 2024, echoed sentiments regarding Agenda Item No. 28, and thanked the City Council for their trust and support as he embarks the role of City Manager. COUNCILCOMMENTS 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. MINUTES: Councilmember Vazquez congratulated City Manager Nunez, welcomed students back to school, and spoke regarding the VanNess Market and the family. Councilmember Penaloza wished all the teachers and students a Happy School Year, and congratulated Cafe Cultura and Benchmark for their anniversaries. Councilmember Lopez thanked city staff, organizations, and vendors for the back to school event on Friday night, welcomed everyone to attend the Chicano Heritage Festival on August 11, 2024 at Centennial Park and ZOOfari on August 17, 2024, and announced first time homeowner workshops and office hours. Councilmember Hernandez congratulated City Manager Nunez, welcomed everyone to attend the Chicano Heritage Festival on August 11, 2024 at Centennial Park, spoke CITY COUNCIL 22 AUGUST 6, 2024 regarding the Chicano Moratorium, and stated he is not supportive of First Amendment right infringement. Councilmember Bacerra spoke regarding conditional use permits and enforcement at VanNess Market, announced free admissions to the Bowers Museum for Santa Ana residents until September 8, 2024, spoke regarding his nomination to the Youth Commission, and congratulated City Manager Nunez. Mayor Pro Tem Phan congratulated City Manager Nunez, thanked the Parks, Recreation, and Community Services Agency for Movies at the Park, acknowledged Chief of Staff Lizbeth Rosales for her commitment, and congratulated Councilmember Penaloza on his wedding. Mayor Amezcua spoke regarding the Back to School Resources Fair on Sunday, July 28, 2024, congratulated City Manager Nunez, wished everyone a happy back to school year, and expressed concern regarding families in shelters and case managers transporting kids to and from school. She spoke regarding ADA compliance, requested a schedule for Fiestas Patrias, announced Concerts at the Park on Thursday at Memorial Park, requested an updated regarding translation of the MySantaAna app, and spoke regarding the Union Pacific fence on Bochard Avenue related to homelessness. ADJOURNMENT — Adjourn the City Council meeting. MINUTES: Mayor Amezcua adjourned the City Council Meeting at 9:02 P.M. Respectfully submitted: CITY COUNCIL 23 AUGUST 6, 2024