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Home My WebLink About Agenda_2022-02-15City Council Meeting Agenda February 15, 2022 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 Vicente Sarmiento Mayor Thai Viet Phan Councilmember —Ward 1 Jessie Lopez Councilmember - Ward 3 Johnathan Ryan Hernandez Councilmember - Ward 5 David Penaloza Councilmember - Ward 2 Phil Bacerra Mayor Pro Tem - Ward 4 Nelida Mendoza 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 Daisy Gomez Clerk of the Council 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 2/15/2022 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 2/15/2022 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 and AT&T U-verse channel 99. PUBLIC COMMENTS — Members of the public who wish to address the City Council on closed session items, items on the regular agenda or on matters which are not on the agenda, but are within the subject matter jurisdiction of the City Council may do so by one of the following ways: • MAILING OPTION written communications — Public comments may be mailed to: Office of the Clerk of the Council, 20 Civic Center Plaza M-30, Santa Ana, CA 92701. All written communications received via mail by 4:00 p.m. on the day of the meeting will be distributed to the City Council and imaged into the City's document archive system which is available for public review. • SENDING E-MAIL OPTION — Public comments may be sent via email to the City Clerk's office at eComment@santa-ana.org. Please note the agenda item you are commenting on in the subject line of the email. All emails received before 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. • 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/j/315965149. To join the Conference Call: Dial (669) 900-9128 and enter MEETING ID: 315 965 149#. You will be prompted by the City Clerk when it is time for a: i) closed session item, ii) general agenda item, iii) public hearing item, iv) special agenda item, or v) for Housing Authority item. You may request to speak by dialing *9 from your phone or you may virtually raise your hand from Zoom. After the Clerk confirms the last three digits of the caller's phone number or Zoom ID and unmutes them, the caller must press *6 or microphone icon to speak. Callers are encouraged, but not required, to identify themselves by name. Each caller will be provided three (3) minutes to speak, unless due to the number of speakers wanting to speak a decision is made to provide a different amount of time to speak. • IN -PERSON OPTION - Members of the public can provide in -person comments at the podium in the Council Chamber. The Council Chamber will have seating available for members of the public to attend the meeting in -person. Face coverings are required for members of the public who enter City buildings. 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 5:00 p.m. for Closed Session items and by 6:00 p.m. for all other designated public comment periods as listed below. Cards will not be accepted after the Public Comment Session begins without the permission of the presiding chair. The following designated public comment periods are: 1. LIVE PUBLIC COMMENTS ON CLOSED SESSION ITEMS —You can provide live Page 3 2/15/2022 comments on closed session items by joining Zoom or the Conference Call as described in the LIVE or IN -PERSON PUBLIC COMMENTS OPTION above. Speaker queue will open at 4:30 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL BY 5:00 p.m. Speakers who are not in the speaker queue by 5:00 p.m. will not be permitted to speak. 2. LIVE PUBLIC COMMENTS ON REGULAR AGENDA ITEMS AND NON -AGENDA ITEMS (GENERAL PUBLIC COMMENT) — You can provide comments by joining Zoom or the Conference Call as described in the LIVE or IN -PERSON PUBLIC COMMENTS OPTION above. Speaker queue will open at 4:30 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL PRIOR TO 6:00 p.m. Speakers who are not in the speaker queue by 6:00 p.m. will not be permitted to speak. 3. LIVE PUBLIC COMMENTS ON PUBLIC HEARING ITEMS —You can provide comments by joining Zoom or the Conference Call as described in the LIVE or IN -PERSON PUBLIC COMMENTS OPTION above. Speakers not in the queue by 6:00 p.m. will not be permitted 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 CALL TO ORDER ATTENDANCE Council Members Mayor Pro Tern Mayor City Manager City Attorney Clerk of the Council ROLL CALL Johnathan Ryan Hernandez Jessie Lopez Nelida Mendoza David Penaloza Thai Viet Phan Phil Bacerra Vicente Sarmiento Kristine Ridge Sonia R. Carvalho Daisy Gomez PUBLIC COMMENTS — Members of the public may address the City Council on Closed Session items. CLOSED SESSION ITEMS — The Brown Act permits legislative bodies to discuss certain Page 4 2/15/2022 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. Hudson Clay Victoria Royer, et al. v. Toyota Motor Corporation, et al., Orange County Superior Court, Case No. 30-2019-01060146 2. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a): Agency Negotiators: Human Resources Executive Director, Jason Motsick Employee Organizations: Santa Ana Police Officers Association (POA) • Service Employees' International Union (SEIU) Part - Time Non -Civil Service Employees 3. CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Government Code Section 54956.8: Address of Properties: A. 605 W. Santa Ana Blvd, Santa Ana CA 92702 Parcel No. 008-067-36 B. 1221 E. 3rd St. Santa Ana CA 92701 Parcel No. 398-385-05 C. 1222 E. 4th St. Santa Ana CA 92701 Parcel No. 398-385-03 D. 1225 E. 4th St. Santa Ana CA 92701 Parcel No. 398-385-04 E. 202 N. Grand Ave. Santa Ana CA 92701 Parcel No. 398-453-06 F. 1222 E. 3rd St. Santa Ana Ca 92701 Parcel No. 398-453-05 Negotiator: Kristine Ridge, City Manager Negotiating with: State of California Terms: Price and terms related to the possible acquisition/sale of real property 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 5 2/15/2022 CITY COUNCIL REGULAR OPEN SESSION CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE WORDS OF INSPIRATION CEREMONIAL PRESENTATIONS Mayor Sarmiento Rupert Vega, Police Chaplain Proclamation presented by Mayor Sarmiento to The G.R.E.E.N. Foundation in Recognition of their Outstanding Contributions to the Community. 2. Certificate of Recognition presented by Mayor Pro Tern Bacerra to Little Onion Mexican Restaurant in Recognition of their 50th Anniversary and Outstanding Contributions to the Community. 3. Proclamation presented by Councilmember Hernandez declaring April 1, 2022 as Helen Shipp Day. STAFF PRESENTATIONS 4. COVID-19 Update in the Community 5. Solid Waste Agreement Update — Public Works Agency 6. Feasibility of a Public Health Agency Update — City Manager's Office and Community Development 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, with the exception of public hearings. Comments for public hearings will take place after the hearing is opened. ICONSENT CALENDAR RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 7 through 23. 7. Excused Absences Department(s): Clerk of the Council Office Page 6 2/15/2022 Recommended Action: Excuse the absent members. 8. Minutes from the Regular and Housing Authority Meetings of February 1, 2022 Department(s): Clerk of the Council Office Recommended Action: Approve minutes. 9. Appoint Gary Wood nominated by Councilmember Phan as the Ward 1 representative to the Personnel Board for a partial -term expiring December 10, 2024 Department(s): Clerk of the Council Office Recommended Action: Appoint Gary Wood to the Personnel Board representing Ward 1. 10. Receive and File Quarterly Report of Investments as of December 31, 2021 Department(s): Finance and Management Services Recommended Action: Receive and file. 11. Pension Debt Cost Savings Update Department(s): Finance and Management Services Recommended Action: Receive and file and the pension debt cost savings update. 12. City -Produced Special Events Update for Fiscal Year 2021-22 and Proposed Events for Fiscal Year 2022-23 Department(s): Parks, Recreation, and Community Services Recommended Action: Receive and file a report regarding City -produced events scheduled for the remainder of Fiscal Year 2021-22 and proposed City -produced special events for Fiscal Year 2022-23. 13. Authorize Purchase Order Agreements with FieldTurf USA in the Amount of $582,462 to Replace and Maintain the Synthetic Turf Field at Eddie West Field for an Eight -Year Period (Project 22-2752) (Non -General Fund) Department(s): Public Works Agency Recommended Action: 1. Authorize a purchase order with FieldTurf USA in the amount of $535,762 to remove and replace the existing synthetic turf field at Eddie West Field. 2. Authorize purchase order with FieldTurf USA for maintenance of synthetic field, FieldTurf "FieldCare", in the amount of $46,700, for an eight -year maintenance period. 14. Approve an Appropriation Adjustment and Increase the Contract Amount by $632,500 Page 7 2/15/2022 for an Existing Construction Contract with Nationwide General Construction Services, for a Revised Estimated Project Delivery Cost of $3,296,357, for Santiago Park Gas House (Project No. 15-2645) (Non -General Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an appropriation adjustment to recognize prior - year fund balance of $582,500 in the Residential Development District 2 Fund, Prior Year Carry Forward revenue account, and appropriate the same amount into the Residential Development District 2, Acquisition and Development, Improvements Other Than Building expenditure account. (Requires five affirmative votes) 2. Approve an appropriation adjustment to recognize prior -year fund balance of $50,000 in the Sanitary Sewer Capital Fund, Prior Year Carry Forward revenue account, and appropriate the same amount into the Capital Recovery Charges, Improvements Other Than Building expenditure account. (Requires five affirmative votes) 3. Approve an amendment to the Project Cost Analysis to reflect the new amount of $392,938.40 for contract administration, inspection and testing, and a $760,000 project contingency for unanticipated or unforeseen work, subject to non -substantive changes approved by the City Manager and City Attorney. 4. Approve an amendment to the Fiscal Year 2021-22 Capital Improvement Program in the amount of $632,500, which includes $82,500 in construction engineering funds and $550,000 for construction contingency funds, for the Santiago Park Gas House Project. 15. Approval of Historic Property Preservation Agreements Department(s): Planning and Building Agency Recommended Action: Authorize the City Manager or designee to execute the attached Mills Act agreement with the below -referenced property owners for the identified structure(s), subject to non -substantive changes approved by the City Manager and City Attorney. Property Owner(s), Historic Property Preservation Agreement No., Address/House, Vote by HRC 1. Caroline La and Colin Donnelly, 2021-20, 2383 North Flower Street, 6.0:0:3 (Frazier, McLoughlin, and Shipp Absent) (Agreement No. 2022-XXX) 2. Andrew Dawson, 2021-21, 2445 North Park Blvd, 6:0.0:3 (Frazier, McLoughlin, and Shipp Absent) (Agreement No. 2022-XXX) 3. Michelle Helvig, 2021-22, 2311 North Santiago Street, 6.0:0:3 (Frazier, McLoughlin, and Shipp Absent) (Agreement No. 2022-XXX) 4. Deanna Kashani and Behzad Samavati, 2021-23, 2397 North Flower Street, 6:0:0:3 (Frazier, McLoughlin, and Shipp Absent) (Agreement No. 2022-XXX) Page 8 2/15/2022 16. Approve an Agreement with Data Ticket Inc. for Automated Parking Citation and Processing Services for the Police Department in the amount of $1,269,648 (General and Non -General Fund) Department(s): Police Department Recommended Action: Approve a three-year agreement with Data Ticket Inc. for Automated Parking Citation Processing Services for the Police Department, for the period of February 15, 2022 through February 14, 2025, with the option to extend the agreement for two additional one-year terms, in an amount not to exceed $1,269,648, including a five percent contingency ($60,459), subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2022-XXX). 17. Approve Agreements with Iteris, Inc., Fehr and Peers, and IBI Group, to Provide Transportation and Traffic Engineering Services for up to a Three-year, Four -Month Term in an Aggregate Amount not to Exceed $1,000,000 (Non -General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute agreements with Iteris, Inc, Fehr and Peers, and IBI Group, to provide transportation and traffic engineering services for a three-year, four month term beginning February 15, 2022 and expiring June 25, 2025, with a provision for two, one-year extensions exercisable by the City Manager and the City Attorney, in a total shared aggregate amount not to exceed $1,000,000, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2022-XXX). 18. Approve Lease Amendment with Aldridge Electric, Inc. to Extend the Term Two Years to February 19, 2024 with a One -Year Renewal Option, for a Total Amount of $370,527 (Non -General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute a third amendment to the site lease agreement with Aldridge Electric, Inc. for the rental of office space to extend the lease for a two-year period from February 20, 2022 to February 19, 2024, with a one-year renewal option, and increase the monthly rate to $10,361, for a total amount of $370,527, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2022-XXX). 19. Approve Agreements with Inter -Pacific, LEED Electric, Inc., and M. Brey Electric, Inc. for On -Call Electrical Repair and Rehabilitation Services, for a Total Amount Not to Exceed $6,000,000 for up to a Five -Year Term (Non -General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute agreements with Inter -Pacific, LEED Electric, Inc., and M. Brey Electric, Inc. to provide on -call electrical repair and rehabilitation services, for a three-year period beginning February 15, 2022 and expiring February 14, 2025, with provisions for one, two-year renewal Page 9 2/15/2022 period exercisable by the City Manager and City Attorney, with a shared aggregate amount not to exceed of $6,000,000, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2022-XXX). 20. Approve First Amendments to Legal Services Agreements with Lewis Brisbois Bisgaard & Smith LLP and Everett Dorey LLP Establishing Total Agreement Compensation and Expanding Scope (General Fund) Department(s): City Attorney Office Recommended Action: 1. Authorize the Assistant City Manager to execute the First Amendment to Legal Services Agreement with Lewis Brisbois Bisgaard & Smith LLP increasing the total agreement compensation to $750,000 and increasing the scope of services to include additional pending litigation subject to non -substantive changes approved by Assistant City Manager and Chief Assistant City Attorney; and (Agreement No. 2022-XXX) 2. Authorize the Assistant City Manager to execute the First Amendment to Legal Services Agreement with Everett Dorey LLP increasing the total agreement compensation to $400,000 and increasing the scope of services to include additional pending litigation subject to non -substantive changes approved Assistant City Manager and Chief Assistant City Attorney (Agreement No. 2022-XXX). 21. Agreement with IPS Group, Inc. for Modem Upgrade and Warranty for Smart Meters with Credit Card -Enabled Function (Non -General Fund) Department(s): Community Development Agency Recommended Action: Authorize the City Manager to execute an agreement with IPS Group, Inc. for smart meter data management, modem upgrades, extended warranty, and sensors for a five-year term with an option of two one-year extensions, from February 15, 2022 to February 14, 2027, in an amount not to exceed $300,000, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2022-XXX). 22. Approve Increase in Spending Capacity with Dyer 18 LLC for Unforeseen Tenant Improvement Costs Relating to the Homeless Navigation Center (Non -General Fund) Department(s): Community Development Agency Recommended Action: Authorize the City Manager to increase spending capacity with Dyer 18, LLC for tenant improvements at the Homeless Navigation Center, in the amount of $2,000,000. 23. Consider Approving the Continued Use of Teleconferencing for Meetings of City Council and All Boards, Committees, and Commissions Pursuant to the Provisions of Assembly Bill 361 Department(s): Clerk of the Council Office Page 10 2/15/2022 Recommended Action: Resolution No. 2022-XXX — Adopt a resolution to consider continuing the use of teleconferencing for City Council, board, committee, and commission meetings pursuant to the provisions of Assembly Bill 361 for the next 30 days. **END OF CONSENT CALENDAR** I BUSINESS CALENDAR 24. Proposed License Agreement between the City of Santa Ana and Santa Ana Unified School District for use of Memorial Park Parking Lot Continued from the February 1, 2022 City Council meeting. Department(s): Parks, Recreation, and Community Services Recommended Action: Authorize the City Manager to execute a license agreement with the Santa Ana Unified School District (SAUSD) to allow Washington Elementary school staff to utilize the Memorial Park east parking lot (46 spaces) for the period of February 2, 2022 through June 30, 2023, for an amount not to exceed $39,100, subject to non -substantive changes approved by the City Manager and the City Attorney (Agreement No. 2022-XXX). 25. Adopt Ordinance No. NS-XXXX —ZONING ORDINANCE AMENDMENT NO. 2021- 03 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REPEALING AND REENACTING IN ITS ENTIRETY ARTICLE XVIII.I. OF CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE REGARDING THE HOUSING OPPORTUNITY ORDINANCE First reading at the November 16, 2021 City Council meeting and approved by a vote of 4-2 (Mendoza, Penaloza dissented and Bacerra abstained). Published in the Orange County Reporter on November 26, 2021. Continued from the December 7, 2021, December 21, 2021 and January 18, 2022 City Council meetings. Department(s): Planning and Building Agency Recommended Action: Place Ordinance on second reading and adopt. **END OF BUSINESS CALENDAR** PUBLIC HEARINGS PUBLIC COMMENTS — Members of the public may address the City Council on Public Page 11 2/15/2022 Hearing items. 26. Public Hearing - Final Recirculated Program Environmental Impact Report No. 2020- 03 and General Plan Amendment No. 2020-06 for Santa Ana General Plan Update Legal Notice published in the Orange County Reporter on November 26, 2021 and notices mailed on November 19, 2021. Continued from the December 7, 2021, December 21, 2021 and January 18, 2022 City Council meetings. Department(s): Planning and Building Agency Recommended Action: 1. Resolution No. 2022-XXX — Adopt a resolution certifying Final Recirculated Program Environmental Impact Report No. 2020-03 (SCH No. 2020029087), including adoption of environmental findings of fact pursuant to the California Environmental Quality Act, adoption of a Statement of Overriding Considerations, and adoption of a Mitigation Monitoring and Reporting Program. 2. Resolution No. 2022-XXX — Adopt a resolution approving General Plan Amendment No. 2020-06. 3. Resolution No. 2022-XXX — Adopt a resolution of findings to overrule the John Wayne Airport Orange County Airport Land Use Commission's determination that the Proposed General Plan Update is inconsistent with the Airport Environs Land Use Plan. COUNCILMEMBER REQUESTED ITEMS 27. Discuss and Consider Directing City Manager to Direct Staff to Explore Options to Implement a Campaign Against Crime — Councilmember Mendoza CITY MANAGER COMMENTS COUNCIL COMMENTS AB1234 DISCLOSURE — If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended. ADJOURNMENT — Adjourn the City Council meeting. Future Items 1. Mental Health Mobile Outreach Services 2. Housing Element Update 3. Billboard Ordinance Update 4. Cannabis Ordinance Update 5. Proposition 218 Solid Waste Rates Public Hearing Page 12 2/15/2022 SUPPLEMENTAL ITEM STAFF PRESENTATIONS A. Orange County Transportation Authority Update (Posted 2-11-2022) Page 13 2/15/2022