Loading...
HomeMy WebLinkAbout AGENDA_2021-01-19City Council Meeting Agenda January 19, 2021 CLOSED SESSION MEETING — 5:00 pm REGULAR OPEN MEETING — 5:45 PM (Immediately following the Closed Session Meeting) CITY COUNCIL CHAMBER 22 Civic Center Plaza Santa Ana, CA 92701 Due to Governor Gavin Newsom's Executive Order and the City Council's Proclamation of Local Emergency, there will be no in -person meeting location for the community to attend public meetings. Thai Viet Phan Councilmember—Ward 1 TPha n(cDsa nta-a na.oro Jessie Lopez Councilmember - Ward 3 JessieLopezOsa nta-ana.o rg Johnathan Ryan Hernandez Councilmember - Ward 5 J Rya n He rna nd ez (c�sa nta-a na. o rg Sonia R. Carvalho City Attorney Vicente Sarmiento Mayor VSa rm iento (cDsanta-ana.o rg David Penaloza Mayor Pro Tern - Ward 2 DPenaloza@santa-ana.org Phil Bacerra Councilmember - Ward 4 PBace rra lc'Dsa nta-ana.org Nelida Mendoza Councilmember - Ward 6 NMendoza(cDsanta-ana.o ro Mayor and Council telephone: 714-647-6900 Agenda item inquiries: 714-647-6520 Kristine Ridge City Manager KRidge(ZDsanta-ana.org Daisy Gomez Clerk of the Council CilyClerk0santa-ana.o rg In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting, contact aMichael 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 City Council 1 1/19/2021 be found on the City's website — www.santa-ana.org/citymeetings. CALL TO ORDER ATTENDANCE CLOSED SESSION Council Members Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez Nelida Mendoza Thai Viet Phan Mayor Pro Tern David Penaloza Mayor Vicente Sarmiento City Manager Kristine Ridge City Attorney Sonia R. Carvalho Clerk of the Council Daisy Gomez PUBLIC COMMENTS — Members of the public may address the City Council on items on the Closed Session Agenda may do so by: Comments will be held during the beginning of the meeting for ALL comments on agenda and non - agenda items within the jurisdiction of the City, with the exception of public hearing items. Comments for public hearings will take place after the hearing is opened. This is being done to respect the time constraints of residents who cannot stay tuned late into the evening to comment on items that they feel strongly about. Individuals who would like to comment on an agenda item or make a general comment regarding a topic not in the meeting agenda may do so ahead of the meeting by: Email: Please email your comments by 4:00 p.m. on Regular Council meeting Tuesday, or as noticed for Special meetings, to eComment(cDsanta-ana.oro. Comments received after the cut-off time will be published soon after the meeting as part of the record as early as possible. OR DURING THE MEETING BY. Zoom Webinar: Please click on or type the following address into your web browser hftps://us02web.zoom.us/m/315965149 OR Conference Call: Dial (669) 900-9128 and enter MEETING ID: 315 965 149# when prompted. The public can begin joining the speaker queue at 4:30 p.m., or 30 minutes prior to Special meeting. Once a caller has entered the meeting, they will be placed in a holding queue. Callers will be prompted to speak in the order received. 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) City Council 2 1/19/2021 minutes 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 ). 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: CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code: A. AC2525 Main, LLC, et al v. City of Santa Ana, et al., Orange County Superior Court, Case No. 30-2020-01137879-C U-W M-CXC B. Santa Ana Citizens for Responsible Development v. City of Santa Ana, et al., Orange County Superior Court Case No. 30-2019-01119794-CU-WM-CXC C. Santa Ana Needs Equity, et al v. City of Santa Ana, et al., Orange County Superior Court Case No. 30-2019-001104316-CU-WM-CXC 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. City Council 3 1/19/2021 REGULAR OPEN SESSION CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE INVOCATION CEREMONIAL PRESENTATIONS 5:45 p.m. (Immediately following the Closed Session Meeting) Mayor Sarmiento 1. Oath of Office (video) administered to Mark McLoughlin, Planning Commission as the Ward 4 representative — Councilmember Bacerra Oath of Office (video) administered to Janelle McLoughlin, Environmental and Transportation Advisory Commission as the Santa Ana Chamber of Commerce representative 2. Honoring the Life and Legacy of Former City Manager Dave Ream 3. Certificate of Recognition presented by Councilmember Mendoza to Medica Testing Group for outstanding contributions to the community STAFF PRESENTATIONS 4. COVID-19 Update in the Community. CLOSED SESSION REPORT — The City Attorney will report on any action(s) from Closed Session. PUBLIC COMMENT Comments will be held during the beginning of the meeting for ALL comments on agenda and non -agenda items within the jurisdiction of the City, with the exception of public hearing items. Comments for public hearings will take place after the hearing is opened. This is being done to respect the time constraints of residents who cannot stay tuned late into the evening to comment on items that they feel strongly about. CONSENT CALENDAR RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar items: Items 5 through 26. 5. Excused absences Department: Clerk of the Council Recommended Action: Excuse absent members. City Council 4 1/19/2021 6. Minutes from the regular meeting of November 17, 2020 Department: Clerk of the Council Recommended Action: Approve minutes. 7. Minutes from the regular meeting of December 1, 2020 Department: Clerk of the Council Recommended Action: Approve minutes. 8. Minutes from the regular meeting of December 15, 2020 Department: Clerk of the Council Recommended Action: Approve minutes. 9. Appoint various boards and commissions members nominated by Councilmember Hernandez as the Ward 5 representatives for a full term expiring December 10, 2024 Department: Clerk of the Council Recommended Action: Appoint. 1. Fernando Olivares - Arts and Culture Commission 2. Ruby Woo - Parks, Recreation and Community Services Commission 3. Anacany Torres — Community Development Commission 4. Tsui Vasquez — Environmental and Transportation Advisory Commission 5. Dwayne Shipp — Historic Resources Commission 6. Nellieann LeGaspe — Personnel Board 7. Michael Hernandez — Santa Ana 2018 Measure X Citizens' Oversight Committee 8. Ray Diaz — Youth Commission 10. Approve agreements with Wonderware California in the amounts of $269,300 and $752,205 for SCADA software, hardware, and installation services, and an approve amendment to the agreement with XV Solutions in an amount not to exceed $473,250 for SCADA software migration management and integration (Non -General Fund) Department: Public Works Recommended Action: 1. Authorize the City Manager to execute an agreement with Wonderware California for the Walnut Site Integration as part of the SCADA system upgrade, for the period beginning January 19, 2021, and expiring on June 30, 2023, in an amount not to exceed $269,300, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). 2. Authorize the City Manager to execute an agreement with Wonderware California for hardware, software, training and support as part of the SCADA system upgrade project, for the period beginning January 19, 2021, and expiring on June 30, 2023, in an amount not to exceed $752,205, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). 3. Authorize the City Manager to increase the agreement amount with XV Solutions for project management of the SCADA system upgrade in the amount of $473,250, for an updated agreement amount not to exceed $898,250 for the remaining term of the agreement ending September 30, 2022, subject to non -substantive changes approved by City Council 5 1/19/2021 the City Manager and City Attorney (Agreement No. 2021-XXX). 11. Approve appropriation adjustments, approve amendments to the FY 2020-21 Capital Improvement Program, and award a construction contract to C.S. Legacy Construction, Inc. in the amount of $12,759,695 for the South Main Street Corridor Improvements Project with an estimated total delivery cost of $18,309,245 (Project Nos. 17-9001,18- 6911, 19-6940 20-6958, 21-6014, 21-6451, 21-6461) (Non -General & General Fund) Department: Public Works Recommended Action: 1. Approve an appropriation adjustment (2021-115) to recognize $3,791,468 of prior year fund balance in the Sanitary Sewer Fund, Capital Recovery Charges, Prior Year Carryforward revenue account and appropriate the same amount to the Sanitary Sewer Fund, Capital Recovery Charges, Improvements Other Than Building expenditure account. (Requires five affirmative votes) 2. Approve an appropriation adjustment (2021-110) to recognize $3,863,143 of prior year fund balance in the Water Fund, Public Works Water Revenue, Prior Year Carryforward and appropriate the same amount to the Acquisition & Construction, Water Utility Capital Projects, Water Capital Project expenditure account. (Requires five affirmative votes) 3. Approve an appropriation adjustment (2021-114) to recognize $71,407 of prior year fund balance in the Peebler Fund Capital Project Revenue, Prior Year Carryforward and appropriate the same amount to the Peebler Fund Capital Project, Improvements Other Than Building expenditure account. (Requires five affirmative votes) 4. Approve an amendment to the Fiscal Year 2020-21 Capital Improvement Program to include $3,791,468 in construction funds for the South Main Street Sewer Improvements Project (Project No. 21-6451). 5. Approve an amendment to the Fiscal Year 2020-21 Capital Improvement Program to include $3,863,143 in construction funds for South Main Street Water Improvements Project (Project No. 21-6461). 6. Reject Bid Protest and award a construction contract to C.S. Legacy Construction, Inc., the lowest responsible bidder, in accordance with the base bid and bid alternatives 1, 2, 3, 4, 5, 7, and 8 in the amount of $12,759,695, for construction of the South Main Street Corridor Improvements Project, for the term beginning January 19, 2020 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. 7. Approve the Project Cost Analysis for a total estimated construction delivery cost of $18,309,245, which includes $12,759,695 for the construction contract, $1,599,050 for contract administration, inspection and testing; and a $3,950,500 project contingency for unanticipated or unforeseen work. 12. Approve agreement with Butier Engineering to provide construction engineering services for the South Main Street Corridor Improvements Project in an amount not to exceed $936,924 for a three-year term (Project No. 17-9001, 18-6911, 20-6451, 21-6461, & 19- 6940) (Non -General Fund) Department: Public Works Recommended Action: Authorize the City Manager to execute an agreement with City Council 6 1/19/2021 Butier Engineering, Inc., to provide construction engineering services for the South Main Street Corridor Project in the amount of $780,770, with a 20 percent contingency of $156,154, for a total amount not to exceed $936,924, for a three-year term beginning January 19, 2021 and expiring January 18, 2024, with an option for two, one-year extensions, subject non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). 13. Approve an appropriation adjustment, approve an amendment to the Fiscal Year 2020-21 Capital Improvement Program, and award a construction contract to Stephen Doreck Equipment Rentals, Inc. in the amount of $1,126,670 for the Valley Adams Neighborhood Water Main Improvements Phase 2 Project with an estimated total delivery cost of $1,577,338 (Project No. 21-6457) (Non -General Fund) Department: Public Works Recommended Action: 1. Approve an appropriation adjustment (2021-111) to recognize $1,577,338 in the Water Fund, Public Works Water Revenue, Prior Year Carryforward revenue account and appropriate the same amount to the Acquisition & Construction, Water Utility Capital Projects, Water Capital Project expenditure account. (Requires five affirmative votes) 2. Approve an amendment to the Fiscal Year 2020-21 Capital Improvement Program to include $1,577,338 in construction funds for the Valley Adams Neighborhood Water Main Improvements Phase 2 project. 3. Award a construction contract to Stephen Doreck Equipment Rentals, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $1,126,670, for construction of the Valley Adams Neighborhood Water Main Improvements Phase 2 Project, for the term beginning January 19, 2020 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. 4. Approve the Project Cost Analysis for a total estimated construction delivery cost of $1,577,338, which includes $1,126,670 for the construction contract, $225,334 for contract administration, inspection and testing; and a $225,334 project contingency for unanticipated or unforeseen work. 14. Approve an appropriation adjustment for $517,500 and authorize a purchase agreement in the amount of $690,000 for real property acquisition for Warner Avenue Improvements Phase 2 (Property Owner: Veronique Pham) (Project No. 18-6901) (Non -General Fund) Department: Public Works Recommended Action: 1. Approve an appropriation adjustment (2021-107) of $517,500 in Measure M2 Competitive, Arterial Capacity Enhancements grant funding from the Measure M-Street Construction, Measure M2 Competitive revenue account and appropriate the same amount to the Measure M2 Competitive Street, Land expenditure account for the property acquisition referenced in Recommended Action 2. (Requires five affirmative votes) 2. Authorize the City Manager to execute a Purchase Agreement with property owner Veronique Pham for the property acquisition and goodwill (if any) for the real property located at 2241 and 2245 S. Kilson Drive (APN 016-103-22) in the amount of $690,000, City Council 7 1/19/2021 subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). 15. Award purchase order in an amount not to exceed $625,385 to Altec Industries, Inc. for two bucket trucks (Specification No. 20-142) (Non -General Fund) Department: Public Works Recommended Action: Authorize a one-time purchase and payment of purchase order to Altec Industries, Inc. in the amount of $615,385, plus a contingency of $10,000, for a total amount not to exceed $625,385, for the purchase of two bucket trucks, subject to non -substantive changes approved by the City Manager and City Attorney. 16. Award a purchase order in an amount not to exceed $346,382 to Trane U.S. Inc., dba Trane, for replacement of an air conditioning unit in the Ross Annex portion of City Hall (General Fund) (Specification No. 20-145) Department: Public Works Recommended Action: Award a purchase order to Trane U.S. Inc., dba Trane, in the amount of $314,892, with a contingency amount of $31,490, in amount not to exceed $346,382, to replace a failing air conditioning unit at the Ross Annex, subject to non - substantive changes approved by the City Manager and City Attorney. 17. Approve cooperative agreement with the City of Irvine for grant -funded traffic signal synchronization on Segerstrom Avenue/ Dyer Road/ Barranca Parkway for a maximum amount of $259,224 and term effective until December 31, 2025 (Non -General Fund) Department: Public Works Recommended Action: Authorize the City Manager to execute a cooperative agreement with the City of Irvine in the amount of $259,224, to implement a Traffic Signal Synchronization Corridor (Project No. 21-6982) on Segerstrom Avenue/ Dyer Road/ Barranca Parkway, for the term beginning upon approval of the agreement by the City of Santa Ana and the City of Irvine, and effective until December 31, 2025, with an option to be extended with mutual consent of all parties for a term to be determined upon extension, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). 18. Approve amendment to the construction contract with EBS General Engineering, Inc. to increase the contract amount by $600,000, for a new estimated total project delivery cost of $1,450,470, to perform additional sidewalk concrete repairs (Project No. 20-6970) (General Fund and Non -General Fund) Department: Public Works Recommended Action: 1. Authorize the City Manager to amend the construction contract with EBS General Engineering Services Inc. via change order, to increase the contract amount by $600,000, for a new estimated project delivery cost of $1,450,470, to perform additional sidewalk concrete improvements. 2. Approve the revised Project Cost Analysis increasing project contingencies by $600,000, for a new estimated project delivery cost of $1,450,470. 19. Approve an amendment to the agreement with T.R. Holliman and Associates, Inc. to expand the scope of work for preparation of the Recycled Water Master Plan, increase City Council 8 1/19/2021 the agreement amount by $242,418 for a total amount not to exceed $442,418, and extend the term from February 19, 2021 through February 19, 2023 (Non -General Fund) Department: Public Works Recommended Action: Authorize the City Manager to execute an amendment to the agreement with T.R. Holliman and Associates, Inc. to include additional scope of work in the preparation of the Recycled Water Master Plan, increase the agreement amount by $242,418, which includes a $220,380 increase plus a contingency of $22,038, for a total amount not to exceed $442,418, and extend the term of the agreement from February 19, 2021 to February 19, 2023, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). 20. Approve an agreement with EEC Environmental in an amount not to exceed $1,800,000 for waste discharge requirement compliance services for up to a five-year term (Non - General Fund) Department: Public Works Recommended Action: Authorize the City Manager to execute an agreement with EEC Environmental to provide Waste Discharge Requirement compliance services for a three- year term beginning January 19, 2021, and expiring January 18, 2024, with a provision for a one, two-year extension exercisable by the City Manager and City Attorney, in an annual amount not to exceed $360,000, for a total agreement amount not to exceed $1,800,000, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). 21. Approve the first amendment to the agreement with All City Management Inc. for the adult crossing guard program to extend the term for four months to June 30, 2021 (General Fund) Department: Public Works Recommended Action: Authorize the City Manager to execute the first amendment to the agreement with All City Management Inc. to extend the term four months from February 28, 2021 to June 30, 2021 at no additional cost, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). 22. Approve fourth amendment to agreement with Mercy House Living Centers, Inc. in the additional amount of $153,214.72 for the operation of The Link Shelter (Non -General Fund) Department: Community Development Recommended Action: Authorize the City Manager to execute the fourth amendment to the agreement with the Mercy House Living Centers, Inc. to increase funding for the operation of the Link Shelter, in the amount of $153,214.72 for a total amount not to exceed $6,551,337.72 subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). 23. Approve an agreement with Overdrive, Inc. for digital content hosting and distribution for $41,010 for the period February 1, 2021 through June 30, 2021 AND $70,000 for each subsequent year From July 1, 2021 To June 30, 2024 for a total amount of $251,010 (Non -General Fund) City Council 9 1/19/2021 Department: Library Department Recommended Action: Authorize the City Manager to execute an agreement with Overdrive, Inc. for digital content hosting and distribution for $41,010 for the period February 1, 2021 through June 30, 2021 and $70,000 for each subsequent year from July 1, 2021 to June 30, 2024 for a total amount of $251,010, with any unspent and encumbered balance carried forward into the subsequent fiscal years during the term of the agreement, to be funded by the Cannabis Public Benefit Fund, subject to non - substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). 24. Approve agreement with HDL Coren & Cone for property tax consulting and auditing services for up to a five-year period for an amount not to exceed $206,250 (General Fund) Department: Finance and Management Recommended Action: Authorize the City Manager to execute an agreement with HdL Coren & Cone (HdLCC) for Secured and Unsecured Property Tax Revenue Auditing and Consulting Services for a period beginning February 1, 2021 through January 31, 2024 for an amount not to exceed $122,250 which includes a contingency of $52,500, plus two one-year extensions exercisable by the City Manager for an amount not to exceed $84,000 which includes a contingency of $37,500 for a total combined amount not to exceed $206,250, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). 25. Approve agreement with Avenu Insights & Analytics, LLC for Utility Users' Tax Auditing and Consulting Services for an amount not to exceed $750,000 (General Fund) Department: Finance and Management Recommended Action: Authorize the City Manager to execute an agreement with Avenu Insights & Analytics, LLC ("Avenu Insights") for Utility Users' Tax Revenue Auditing, Recovery, Reporting, Analysis, and Legislative/State Agency Liaison and Implementation Monitoring Services for a period beginning February 1, 2021 through January 31, 2024 for an amount not to exceed $462,500 which includes a contingency of $207,500, plus two one-year extensions exercisable by the City Manager and City Attorney for a combined amount not to exceed $287,500 which includes a contingency of $117,500, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). 26. Adopt a resolution accepting the donation of tactical medical equipment for the Santa Ana Police Department Department: Police Department Recommended Action: Resolution No. 2021-XXX — Adopt a resolution accepting tactical medical equipment manufactured by Tactical Medical Solutions from Cops Direct for the Santa Ana Police Department. **END OF CONSENT CALENDAR** City Council 10 1/19/2021 BUSINESS CALENDAR PUBLIC HEARINGS 27. Public Hearing —Appeal Application Nos. 2020-03 and 2020-04 appealing the decision of the Planning Commission to approve Site Plan Review No. 2020-04 to allow construction of the Central Pointe Mixed -Use Development Project located at 1801 East Fourth Street (Property Owner: Park Center Santa Ana Associates L.P. and Applicant: Waterford Property Company) Legal Notice published in the Orange County Reporter on January 8, 2021 and notices mailed on January 7, 2021. Department: Planning and Building Recommended Action: Resolution No. 2021-XXX —Adopt a resolution denying Appeal Application Nos. 2020-03 and 2020-04 and uphold the Planning Commission's approval of Site Plan Review No. 2020-04. 28. Public Hearing — Environmental Review No. 2020-48, General Plan Amendment No. 2020-07 and Amendment Application No. 2020-05 for the Westview Housing Residential Community at 2530 and 2534 Westminster Avenue (Property Owner: Westminster & Fairview, LLC and Applicant: Community Development Partners) Legal Notice published in the Orange County Register on January 8, 2021 and notices mailed on January 7, 2021 Department: Planning and Building Recommended Action: 1. Resolution No. 2021-XXX —Approve and adopt Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, Environmental Review No. 2020-48. 2. Resolution No. 2021-XXX —Adopt a resolution approving General Plan Amendment No. 2020-07. 3. Adopt an ordinance approving Amendment Application No. 2020-05 to establish Specific Development No. 97. COUNCILMEMBER REQUESTED ITEMS 29. Discuss and consider directing the City Manager to explore opportunities through neighborhood initiatives to better recognize and communicate with the duly appointed representatives of our neighborhood associations — Mayor Pro Tern Penaloza 30. Discuss and consider directing City Manager to direct staff to amend Ordinance No. NS- 2992 removing "qualified elector" requirement to serve on boards and commissions from the Santa Ana Municipal Code to be compliant with Senate Bill 225 — Councilmember Lopez 31. Discuss and consider directing the City Manager to direct staff to begin the process to change the name of Lyon Street, between Edinger Avenue and St. Andrew Place, to Elk Lane — Councilmembers Bacerra, Mendoza and Mayor Pro Tern Penaloza City Council 11 1/19/2021 CITY MANAGER COMMENTS COUNCIL COMMENTS ADJOURNMENT — The next meeting of the City Council will be held on February 02 2021 at 5:45 PM for the Closed Session Meeting immediately followed by the Regular Open Business Meeting at 5:45 p.m in the Council Chamber, 22 Civic Center Plaza, Santa Ana California. Adjourn in memory of Dave Ream, Al Serrato, Pat Hernandez and Miriam Lopez. City Council 12 1/19/2021