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Home My WebLink About AGENDA SPECIAL_2021-02-02City Council, Housing Authority and Special Meeting Agenda February 2, 2021 CLOSED SESSION MEETING - 5:00 PM REGULAR OPEN MEETING - 5:45 PM SPECIAL OPEN MEETING (ITEM 22) - 6:00 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 TPhan[Dsanta-ana.oro Jessie Lopez Councilmember - Ward 3 Jessie Lopez(Wsanta-ana.org Johnathan Ryan Hernandez Councilmember - Ward 5 JRvanHernandez(cDsanta- ana.ora Sonia R. Carvalho City Attorney W Vicente Sarmiento Mayor VSarmiento(c Santa-ana.oro David Penaloza Mayor Pro Tem - Ward 2 DPenaloza@santa-ana.org Phil Bacerra Councilmember - Ward 4 PBacerra(c Santa-ana.oro Nelida Mendoza Councilmember - Ward 6 NMendoza(cDsanta-ana.org Mayor and Council telephone: 714-647-6900 Agenda item inquiries: 714-647-6520 Kristine Ridge City Manager KRidoe(c Santa-ana.oro Daisy Gomez Clerk of the Council CitvClerk(c Santa-ana.oro In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting, Page 1 of 12 2/2/2021 ®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. CLOSED SESSION CALL TO ORDER ATTENDANCE Council Members Mayor Pro Tern Mayor Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez Nelida Mendoza Thai Viet Phan David Penaloza 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(a)santa-ana.orc. 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 https://us02web.zoom.us/m/316966149 Ki� Conference Call: Dial (669) 900-9128 and enter MEETING ID: 316 966 149# when prompted. Page 2 of 12 2/2/2021 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) minutes to speak. To watch the meeting without participating via these remote options: • YouTube LiveStream at www.youtube.com/user/SantaAnaLibrary • Channel CTV3, available on Spectrum channel 3 and AT&T U-verse channel 99 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: 1. CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Government Code Section 54956.8: Address of Property: APN # 405-191-01; 602 N. Flower Street, Santa Ana, CA Negotiators: City Manager Kristine Ridge and Executive Director of Parks, Recreation and Community Services Agency Lisa Rudloff Negotiating with: Orange County Professional Soccer, LLC Terms: Price and terms of potential lease agreement 2. CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Government Code Section 54956.8: Address of Property: APN # 430-021-02; 1815 Carnegie Avenue, Santa Ana CA 92705 Negotiators: City Manager Kristine Ridge and Assistant City Manager Steven Mendoza Negotiating with: DYER 18 LLC Terms: Conditions of real property negotiations Page 3 of 12 2/2/2021 3. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a): Agency Negotiator: City Manager Kristine Ridge Employee Organization: Santa Ana Police Officers Association (POA) 4. CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code: A. City of Santa Ana v. Union Pacific Railroad, United States District Court for the Central District of California, Case No. 8:20-cv-01992-CJC-DFM B. Santa Ana Needs Equity, et al v. City of Santa Ana, et al., Orange County Superior Court, Case No. 30-2019-01113224-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. Page 4 of 12 2/2/2021 CITY COUNCIL REGULAR OPEN SESSION CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE Mayor Sarmiento INVOCATION Dr. Willie Holmes CEREMONIAL PRESENTATIONS 1. Certificate of Recognition presented by Councilmember Phan to Alice McCullough for Outstanding Contributions to Education. 2. Proclamation presented by Councilmember Hernandez to to Dwayne Shipp and the Shipp Family commemorating and honoring them during Black History Month for their Outstanding Contributions to the Community. 3. Certificates of Recognition recognizing the 2020 City of Santa Ana Historic Preservation Awards Recipients — Planning and Building Agency STAFF PRESENTATIONS 4. COVID-19 Update in the Community. 5. Community Choice Aggregation —Public Works Agency CLOSED SESSION REPORT — The City Attorney will report on any action(s) from Closed Session. PUBLIC COMMENT — Public comments will be held during the beginning of the meeting for ALL comments on agenda and non -agenda items, except for public hearings. Comments for public hearings will take place after the hearing is opened. CONSENT CALENDAR RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 6 through 20. 6. Excused absences Department(s): Clerk of the Council Page 5 of 12 2/2/2021 Recommended Action: Excuse the absent members. 7. Minutes from the special meeting of December 8, 2020 Department(s): Clerk of the Council Recommended Action: Approve minutes. 8. Adopt Ordinance No. NS-XXXX—AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 2020-05 REZONING THE PROPERTIES LOCATED AT 2530 AND 2534 WESTMINSTER AVENUE FROM GENERAL COMMERCIAL (C2) TO SPECIFIC DEVELOPMENT NO. 97 (SD-97) AND ADOPTING SD-97 FOR SAID PROPERTY Placed on first reading at the January 19, 2021 City Council meeting and approved by a vote of 7-0. Published in the Orange County Reporter on January 22, 2021. Department(s): Planning and Building Agency Recommended Action: Place ordinance on second reading and adopt. 9. Appoint various boards and commissions members nominated by Councilmember Phan as the Ward 1 representatives for a full term expiring December 10, 2024 Department(s): Clerk of the Council Recommended Action: Appoint. 1. Dang Le — Community Development Commission - Pursuant to Senate Bill 225 2. Valerie Huynh — Personnel Board 3. Bao Pham — Planning Commission 4. Carlos Perea — Santa Ana 2018 Measure X Citizen Oversight Committee 5. Isabel Ortega —Youth Commission 10. Appoint various boards and commissions members nominated by Councilmember Lopez as the Ward 3 representatives for a full term expiring December 10. 2024 Department(s): Clerk of the Council Recommended Action: Appoint. 1. Irlanda Martinez — Community Development Commission - Pursuant to Senate Bill 225 2. Isuri Ramos — Planning Commission 11. Appoint Tim Rush nominated by Mayor Pro Tern Penaloza as the Ward 2 representative to the Historic Resources Commission for a partial -term expiring December 13, 2022 Page 6 of 12 2/2/2021 Department(s): Clerk of the Council Recommended Action: Appoint Tim Rush to the Historic Resources Commission representing Ward 2. 12. Approve destruction of obsolete City Records Department(s): Clerk of the Council Office Recommended Action: Approve the requests for the destruction of obsolete records from Parks, Recreation and Community Services in accordance with the retention schedule outlined in City Council Resolution 2013-014. The Citywide Records Retention Schedule has specific retention periods for many City documents. The Schedule is modeled after the California Secretary of State's sample for local government and incorporates other statutory periods applicable to Santa Ana. These are minimum retention periods. Each department makes discretionary decisions on whether to retain records past the minimum requirements. 13. Receive and file Quarterly Report for Housing Division Projects and Activities for October 2020 — December 2020 Department(s): Community Development Agency Recommended Action: Receive and file the Quarterly Report for Housing Division Projects and Activities for the period of October 2020 - December 2020. 14. Approve agreements for as -needed Information Technology professional services in an aggregate annual amount not to exceed $3,000,000 (Non -General Fund) Department(s): Information Technology Recommended Action: Authorize the City Manager to execute four (4) as -needed information technology professional services agreements with the firms listed below, subject to non -substantive changes approved by the City Manager and City Attorney, each for a (4) four-year term expiring February 1, 2025, with the potential for one (1) additional (2) two-year renewal term, exercisable by the City Manager and the City, for a total aggregate amount for all four vendors, not -to -exceed $3,000,000 annually and $18,000,000 over the life of the agreements if all extensions are utilized, subject non - substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX): • Sierra Cybernetics, Inc. • Intratek Computer, Inc. • West Advanced Technologies, Inc. • Infojini, Inc. 15. Receive and file — Fiscal Year 2019-20 Comprehensive Annual Financial Report, Related Audit Reports, and Measure X Agreed -Upon -Procedures Report Page 7 of 12 2/2/2021 Department(s): Finance and Management Services Recommended Action: Receive and file the following audited and separately issued reports for the 2019-20 Fiscal Year: 1. The Auditor's unmodified "clean" opinion letter for the Fiscal Year 2019-20 Audited Financial Statements included in the Comprehensive Annual Financial Report (CAFR) 2. Government Auditing Standards (GAS) Letter 3. Audit Committee Letter 4. Air Quality Management District (AQMD) Audited Financial Statements 5. The Auditor's report on the Appropriations Limit (GANN Limit) 6. The Auditor's report on compliance with the Statement of Investment Policy 7. Measure X Agreed -Upon -Procedures Report 16. Adopt a resolution authorizing the submittal of the application for the Per Capita Grant Program to the State of California for the Santa Anita Park Improvement Project (Phase 2) Department(s): Parks, Recreation, and Community Services Recommended Action: Resolution No. 2021-XXX - Adopt a resolution approving and authorizing the submittal of the application for the Per Capita Grant Program to the State of California for the Santa Anita Park Improvement Project (Phase 2). 17. Adopt a resolution and approve an agreement authorizing Police Officer Shifflett to purchase a retired Santa Ana Police Department K-9, and accepting the donation of a Police K-9, equipment and supplies from Johanna Scillieri for the Police Department's K-9 Program Department(s): Police Department Recommended Action: 1. Resolution No. 2021-XXX - Adopt a resolution authorizing the purchase agreement between Santa Ana Police Officer Shifflett and the City of Santa Ana for the sale of a retired Santa Ana Police Department K-9, and accepting the donation of a Police K-9, equipment and supplies from Johanna Scillieri for the Santa Ana Police Department's K-9 Program. 2. Authorize the City Manager to execute a purchase agreement with Santa Ana Police Officer Shifflett for the sale of a retired Police Department K-9 in the amount of $1, subject to non -substantive changes approved by the City Attorney and City Manager (Agreement No. 2021-XXX). 18. Amend agreement with the Municipal Water District of Orange County to increase the agreement amount by $220,000, for a new total amount not to exceed $553,000 for the remaining term of the agreement, for mutual aid support services and middle and high school educational outreach programs (Non -General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an amendment to the agreement with the Municipal Water District of Orange County, increasing the Page 8 of 12 2/2/2021 agreement amount by $220,000, for a total agreement amount not to exceed $553,000, for the remaining term of the agreement ending June 30, 2022, for mutual aid support services and middle and high school educational outreach programs, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). 19. Receive and file Certification of Approval by City Engineer of Final Parcel Map 2017- 03 (521-645 North Ross Street, 620 North Broadway and 333 West Santa Ana Boulevard) (Property Owner: County Of Orange) Department(s): Public Works Agency Recommended Action: Receive and file certification of approval by City Engineer of final Parcel Map 2017-03 for property owned by the County of Orange. 20. Approve agreement with Mark Thomas & Company, Inc. for design services of the Standard Avenue Protected Bike Lane Project in an amount not to exceed $820,702.30 for a three-year term (Project No. 20-6965) (Non -General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with Mark Thomas & Company, Inc. to provide professional engineering services for the Standard Avenue Protected Bike Lane Project, in the amount of $746,093.00, with a 10 percent contingency of $74,609.30, for a total amount not to exceed $820,702.30, for a three-year term beginning February 2, 2021 and expiring February 1, 2024, with the option for two (2), one-year extensions, subject non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). **END OF CONSENT CALENDAR** BUSINESS CALENDAR 21. Consider refinancing the city's employee pension debt and adoption of the proposed Unfunded Employee Pension Liability Cost Reduction Policy Department(s): Finance and Management Services Recommended Action: 1. Determine whether to proceed with refinancing any portion of the pension debt. If City Council wishes to proceed with pension debt refinancing: a. Direct staff to propose a contract for bond counsel services to prepare a resolution for City Council consideration authorizing the sale of pension obligation bonds, which is necessary to begin the court validation process to refinance the pension debt; and b. Adopt the proposed Unfunded Employee Pension Liability Cost Reduction Policy. Page 9 of 12 2/2/2021 22. SPECIAL MEETING — (Open Session Item 22) Resolution directing the City Manager and City Attorney to report back to City Council prior to March 2, 2021 for a proposed ordinance requiring premium pay for grocery workers Department(s): City Managers Office, City Attorneys Office Recommended Action: Resolution No. 2021 -XXX — Adopt a resolution instructing the City Manager and City Attorney to report back to the City Council prior to the March 2, 2021 Council Meeting with a proposed Urgency Ordinance requiring premium pay (Hero Pay) for front-line Grocery retail employees within the City. **END OF BUSINESS CALENDAR** Page 10 of 12 2/2/2021 PUBLIC HEARINGS 23. (Revised, previously Item 22) 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. Continued from the January 19, 2021 City Council Meeting. Department(s): Planning and Building Agency 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. COUNCILMEMBER REQUESTED ITEMS 24. (Revised, previously Item 23) Discuss and consider directing City Manager to direct staff to explore options for creating a Senior Advisory Commission and implementing a Senior Strategic Plan — Councilmembers Hernandez and Lopez CITY MANAGER COMMENTS COUNCIL COMMENTS ADJOURNMENT — Adjourn the City Council meeting and convene to the Housing Authority meeting. Adjourn in memory of Edith Guzman. Future Items 1. Amendment to Ordinance No. NS-2992 to be compliant with SB 225 2. Carnegie Homeless Shelter — Lease 3. Carnegie Homeless Shelter — Operator Agreement 4. Hero's Pay Ordinance Page 11 of 12 2/2/2021 HOUSING AUTHORITY CALL TO ORDER ATTENDANCE Authority Members Vice Chair Chair City Manager City Attorney Clerk of the Council Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez Nelida Mendoza Thai Viet Phan David Penaloza Vicente Sarmiento Kristine Ridge Sonia R. Carvalho Daisy Gomez PUBLIC COMMENTS — Members of the public may address Housing Authority on items on the Housing Authority agenda. CONSENT CALENDAR RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 1 and 2. 1. Excused absences Department(s): Clerk of the Council Recommended Action: Excuse the absent members. 2. Receive and file Quarterly Report for Housing Choice Voucher Program for October 2020 to December 2020 Department(s): Community Development Agency Recommended Action: Receive and file the Quarterly Report for the Housing Choice Voucher Program for the period of October 2020 to December 2020. **END OF CONSENT CALENDAR** HOUSING AUTHORITY MEMBER COMMENTS ADJOURNMENT —Adjourn the Housing Authority meeting. Page 12 of 12 2/2/2021