3/7/2023
City Council and Special Closed Session
Meeting Agenda
March 7, 2023
SPECIAL CLOSED SESSION MEETING – 4:00 PM
REGULAR OPEN MEETING – 5:45 PM
(Immediately following the Closed Session Meeting)
CITY COUNCIL CHAMBER
22 Civic Center Plaza Santa Ana, CA 92701
Valerie Amezcua
Mayor
Thai Viet Phan
Councilmember – Ward 1
Benjamin Vazquez
Councilmember Ward 2
Jessie Lopez
Mayor Pro Tem Ward 3
Phil Bacerra
Councilmember Ward 4
Johnathan Ryan Hernandez
Councilmember Ward 5
David Penaloza
Councilmember Ward 6
Mayor and Council telephone: 7146476900
Agenda item inquiries: 7146476520
Sonia R. Carvalho
City Attorney
Kristine Ridge
City Manager
Jennifer L. Hall
City Clerk
In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting, contact Michael Ortiz, City ADA Program Coordinator, at (714) 6475624. 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.santaana.org/citymeetings.
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 Members of the public may attend the City Council meeting inperson or join via Zoom. The City Council meeting will occur live via teleconference Zoom webinar. You may view the meeting from your computer, tablet or smart phone via YouTube LiveStream at www.youtube.com/user/SantaAnaLibrary or on CTV3, available on Spectrum channel 3.
PUBLIC COMMENTS – Members of the public who wish to address the City Council on 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 City Clerk, 20 Civic Center Plaza M30, 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 EMAIL OPTION – Public comments may be sent via email to the City Clerk’s office at eComment@santaana.org. Please note the agenda item you are commenting on in the subject line of the email. All emails received before 2:00 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://us02web.zoom.us/j/315965149. To join the Conference Call: Dial (669) 9009128 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.
INPERSON OPTION Members of the public can provide inperson comments at the podium in the Council Chamber. The Council Chamber will have seating available for members of the public to attend the meeting inperson. 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 4:00 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 comments on closed session items by joining Zoom or the Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will open at 3:30 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL BY 4:00 p.m.
Speakers who are not in the speaker queue by 4:00 p.m. will not be permitted to speak.
2. LIVE PUBLIC COMMENTS ON REGULAR AGENDA ITEMS AND NONAGENDA ITEMS (GENERAL PUBLIC COMMENT) – You can provide comments by joining Zoom or the Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will open at 3:30 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.
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 ).
SPECIAL CLOSED SESSION
CALL TO ORDER
ATTENDANCE Council Members Phil Bacerra
Johnathan Ryan Hernandez
David Penaloza
Thai Viet Phan
Benjamin Vazquez
Mayor Pro Tem Jessie Lopez
Mayor Valerie Amezcua
City Manager Kristine Ridge
City Attorney Sonia R. Carvalho
City Clerk Jennifer L. Hall
ROLL CALL
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 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. City of Santa Ana v. Rim Pacific Investors Portofino, LLC, Orange County Superior Court, Case No. 30202101221615
B. City of Santa Ana v. Dyer 18 LLC, Orange County Superior Court, Case No. 30 202201248172
C. City of Santa Ana v. Dyer 18 LLC, United States District Court, Case No. 8:22cv 00433
D. Santa Ana Police Officers Association and Gerry Serrano v. City of Santa Ana, Santa Ana Police Department, David Valentin, Kristine Ridge, Sonia Carvalho and Jason Motsick, Orange County Superior Court Case No. 30202101230129CUOE CJC
E. Santa Ana Police Officers Association and Doe Officers v. David Valentin, Sonia Carvalho, Kristine Ridge, City of Santa Ana, Santa Ana Police Department, Santa Ana City Attorney’s Office, Orange County Superior Court Case No. 30202101230134 CUWTCJC
F. Santa Ana Police Officers Association v. City of Santa Ana, PERB Case No. LA CE1620M
G. Santa Ana Police Officers Association v. City of Santa Ana, Council of the City of Santa Ana, and Norma Orozco, Orange County Superior Court Case No. 302022 01298807CUWMCJC
H. Gerry Serrano v. City of Santa Ana, WCAB Case No. ADJ5249990
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) FullTime Employees Confidential Association of Santa Ana (CASA)
Santa Ana Management Association (SAMA)
3. CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Government Code Section 54956.8:
A. Property Address: 201 S. Mountain View and 4320 W. 1st Street, Santa Ana, CA 92704, APN: 18802110 and 18802111
Negotiators: City Manager Kristine Ridge
Negotiating Party: Charles Akoboff Family Trust, the Lucik Akoboff Revocable Trust and Anna Poladian Trust
Terms: Potential Acquisition
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 REGULAR OPEN SESSION
CALL TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE Mayor Amezcua
WORDS OF INSPIRATION Pastor Ivan Pitts
CEREMONIAL PRESENTATIONS
1. Certificates of Recognition presented by Mayor Amezcua to the City’s Executive Assistants and Executive Secretaries in Honor of Women’s History Month.
2. Proclamation presented by Councilmember Bacerra declaring March 2023 as Arts in Education Month.
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 nonagenda items, with the exception of 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: 3 through 16.
3. Excused Absences
Department(s): City Clerk’s Office
Recommended Action: Excuse the absent members.
4. Appoint David Crockett Nominated by Mayor Pro Tem Lopez as the Ward 3 Representative to the Personnel Board for a PartialTerm Expiring December 10, 2024 Department(s): City Clerk’s Office
Recommended Action: Appoint David Crockett to the Personnel Board as the Ward 3 representative and administer Oath of Office.
5. Appoint Carlos Perea Nominated by Councilmember Vazquez as the Ward 2 Representative to the Police Oversight Commission for a FullTerm Expiring December 8, 2026
Department(s): City Clerk’s Office
Recommended Action: Appoint Carlos Perea to the Police Oversight Commission as the Ward 2 representative and administer Oath of Office.
6. Receive and File Quarterly Report of Investments as of December 31, 2022 Department(s): Finance and Management Services
Recommended Action: Receive and file.
7. Receive and File Quarterly Report of Contracts up to $50,000 for NonPublic Works and up to $250,000 for Public Works Authorized by the City Manager as Permitted by Charter Section 421
Department(s): Finance and Management Services
Recommended Action: Receive and file Quarterly Report of Contracts entered into between October 1, 2022 to December 31, 2022, valued at up to $50,000 for non public works contracts and agreements and up to $250,000 for public works contracts and agreements.
8. Final Payment to Naphcare, Inc. in the amount of $66,772 for Inmate Medical Services (General Fund)
Department(s): Police Department
Recommended Action: Authorize final payment to Naphcare, Inc. for past services rendered in the amount of $66,772.
9. Award Blanket Order Contracts to HD Supply, Snapon, WESCO Distribution, Inc; and White Cap, LP for Maintenance, Repair, and Operating Supplies and Equipment in the Annual not to Exceed Aggregate Amount of $565,000 for a OneYear Term Ending on March 31, 2024, with Provisions for up to Five Additional OneYear Renewal Periods (Specification No. 23015) (General Fund)
Department(s): Public Works Agency
Recommended Action: Award a blanket order contract to vendors listed below for asneeded maintenance, repair, operating supplies, and equipment for a oneyear term ending on March 31, 2024, with provisions for up to five oneyear renewal periods in accordance with each vendor’s respective contract terms and conditions, subject to nonsubstantive changes approved by the City Manager and City Attorney. The annual aggregate nottoexceed amount is $565,000, with a total aggregate nottoexceed amount of $3,390,000 for the entire term, including renewal periods exercisable by the City Manager.
HD Supply, San Diego, CA
SnapOn, Kenosha, WI
WESCO Distribution, Inc., Pittsburgh, PA
White Cap, LP., Orlando, FL
10. Award a Construction Contract to Excel Paving Co. in the Amount of $1,798,800.00 for the West Willits Protected Bike Lanes from Fairview Street to Raitt Street Project, with an Estimated Project Delivery Cost of $2,277,000.00 (Project No. 196948, ATPSBL5063(195)) (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Award a construction contract to Excel Paving Co., the lowest responsible bidder, in accordance with the base bid in the amount of $1,798,800.00, for construction of the West Willits Protected Bike Lanes from Fairview Street to Raitt Street Project, for a term beginning March 7, 2023 and ending upon project completion, and authorize the City Manager to execute the contract subject to nonsubstantive changes approved by the City Manager and the City Attorney.
2. Approve the Project Cost Analysis for a total estimated construction delivery cost of $2,277,000.00, which includes $1,798,800.00 for the construction contract, $270,000.00 for contract administration, inspection and testing, and a $208,200.00 project contingency for unanticipated or unforeseen work.
11. Approve an Amendment to the FY 202223 Capital Improvement Program for $752,471.25 and Award a Construction Contract to International Line Builders, Inc. in the Amount of $601,977.00 for the Saddleback View Neighborhood Street Lighting Project, with an Estimated Project Delivery Cost of $752,471.25 (Project No. 22 6017) (General Fund)
Department(s): Public Works Agency
Recommended Action: 1. Approve an amendment to the FY 202223 Capital Improvement Program to include $752,471.25 in construction funds for the Saddleback View Neighborhood Street Lighting Project (Project No. 226017).
2. Award a construction contract to International Line Builders, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $601,977.00, for construction of the Saddleback View Neighborhood Street Lighting Project, for the term beginning March 7, 2023, and ending upon project completion, and authorize the City Manager to execute the contract subject to nonsubstantive changes approved by the City Manager and the City Attorney.
3. Approve the Project Cost Analysis for a total estimated construction delivery cost of $752,471.25, which includes $601,977.00 for the construction contract, $90,296.55 for contract administration, inspection and testing, and a $60,197.70 project contingency for unanticipated or unforeseen work.
12. Approve an Appropriation Adjustment, and Award a Construction Contract to Elecnor Belco Electric, Inc., in the Amount of $493,244.76 for the Bristol Street and Santa Clara Avenue Traffic Signal Installation Project with an Estimated Project Delivery Cost of $616,555.95 (Project No. 226995) (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: 1. Approve an appropriation adjustment recognizing $297,100 in FY 202223 Highway Safety Improvement Program, State GrantDirect funds into the Public Services Street Safety Projects, Improvements Other Than Building 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 in the amount of $493,244.76, for construction of the Bristol Street and Santa Clara Avenue Traffic Signal Installation Project, for the term beginning March 7, 2023, and ending upon project completion, subject to nonsubstantive changes approved by the City Manager and City Attorney.
3. Approve the Project Cost Analysis for a total estimated construction delivery cost of $616,555.95, which includes $493,244.76 for the construction contract; $73,986.71 for contract administration, inspection and testing; and a $49,324.48 project contingency for unanticipated or unforeseen work.
4. Approve an amendment to the FY 202223 Capital Improvement Program to include $297,100 in construction funding from Highway Safety Improvement Program grant funds and $320,000 in construction funding from General Funds approved in FY 2223 proposed budget for the Bristol Street and Santa Clara Avenue Traffic Signal Modification.
13. Approve a Loan Agreement with North Broadway Housing Partners LP (C/O Jamboree Housing Corporation and WISEPlace) for a total of $5,256,327 for the Development of the WISEPlace Permanent Supportive Housing Project Located at 1411 N Broadway; Approve a Subordination Agreement with Bank of America as the Senior Lender; Approve Two (2) Subordination Agreements with the County of Orange and the Orange County Housing Finance Trust, Respectively, as Junior Lenders (NonGeneral Fund)
Department(s): Community Development Agency
Recommended Action: 1. Authorize the City Manager to execute a Loan Agreement with North Broadway Housing Partners LP (c/o Jamboree Housing Corporation and WISEPlace) for $5,256,327 in HOME Investment Partnerships Program American Rescue Plan (“HOMEARP”) funds for the development of the WISEPlace Permanent Supportive Housing project located at 1411 N. Broadway, Santa Ana, CA 92701, APN 39852304 (“Site”) subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. A2023XXX).
2. Authorize the City Manager to execute a Subordination Agreement with Bank of America to subordinate the City’s Loan Agreement to a senior loan, subject to non substantive changes approved by the City Manager and City Attorney (Agreement No.
A2023XXX).
3. Authorize the City Manager to execute two (2) Subordination Agreements with the County of Orange (“County”) and Orange County Housing Finance Trust (“OCHFT), respectively, to subordinate the County and OCHFT’s junior loan agreements to the City’s HOMEARP Loan Agreement, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement Nos. A2023XXX and A2023XXX).
4. Authorize the City Manager to execute a future Subordination Agreement with Jamboree Housing Corporation, WISEPlace, Bank of America and/or any other senior lender as needed after the WISEPlace Permanent Supportive Housing project is complete, subject to approval as to form by the City Attorney (Agreement No. 2023 XXX).
14. Resolution Accepting the InKind Donation for the Repair and Resurfacing of the Basketball Court at Portola Park
Department(s): Parks, Recreation, and Community Services Recommended Action: 1. Adopt Resolution No. 2023XXX
A RESOLUTION OF THE CITY COUNCIL OFTHE CITY OF SANTA ANA ACCEPTING THE DONATION OF THE REPAIR AND RESURFACING OF THE BASKETBALL COURT AT PORTOLA PARK
2. Authorize the City Manager to execute donation agreement with Project Backboard for the repair and resurfacing of a basketball court, valued at approximately $75,000, with no cost to the City, for the period of March 7, 2023 through April 30, 2023, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2023XXX).
15. Adopt a Resolution Authorizing Grant Application Submission for California Department of Water Resources 2022 Urban and Community Drought Relief Grant Program (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Adopt Resolution No. 2023XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE GRANT APPLICATION, ACCEPTANCE, AND EXECUTION FOR THE WELL 38 WELLHEAD TREATMENT PROJECT AND WEST STATION WELL PROJECT
16. A Resolution of the City Council of the City of Santa Ana Affirming its Dedication and its Priority to Protect the Health, Safety and Welfare of Its Residents, Visitors, and Business Owners in the Enforcement of State Sidewalk Vendor Regulations, the Federal Americans With Disabilities Act of 1990 and Other Disability Access Standards, and All Local Regulations Pertaining to the Use and Maintenance of Public Sidewalks and Other Pedestrian Pathways, and Urging the State Legislature of the State of California to Amend State Law and Allow Local Jurisdictions the Right of SelfDetermination to Enact Local Sidewalk Regulations
Department(s): Planning and Building Agency
Recommended Action: Adopt Resolution No. 2023XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AFFIRMING ITS DEDICATION AND ITS PRIORITY TO PROTECT THE HEALTH, SAFETY AND WELFARE OF ITS RESIDENTS, VISITORS, AND BUSINESS OWNERS IN THE ENFORCEMENT OF STATE SIDEWALK VENDOR REGULATIONS, THE FEDERAL AMERICANS WITH DISABILITIES ACT OF 1990 AND OTHER DISABILITY ACCESS STANDARDS, AND ALL LOCAL REGULATIONS PERTAINING TO THE USE AND MAINTENANCE OF PUBLIC SIDEWALKS AND OTHER PEDESTRIAN PATHWAYS, AND URGING THE STATE LEGISLATURE OF THE STATE OF CALIFORNIA TO AMEND STATE LAW AND ALLOW LOCAL JURISDICTIONS THE RIGHT OF SELF
DETERMINATION TO ENACT LOCAL SIDEWALK REGULATIONS
**END OF CONSENT CALENDAR**
BUSINESS CALENDAR
17. Ordinance Amending Article XI Of Chapter 33 Of The Santa Ana Municipal Code (Streets Sidewalks And Public Works) Related To Ceremonial Street Naming Department(s): Public Works Agency
Recommended Action: Approve first reading of an ordinance amending Article XI of Chapter 33 of the Municipal Code relating to ceremonial street naming.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING ARTICLE XI OF CHAPTER 33 OF THE SANTA ANA MUNICIPAL CODE (STREETS, SIDEWALKS AND PUBLIC WORKS) RELATING TO CEREMONIAL STREET NAMING
18. Senior Citizens Commission Informational Report
Department(s): Parks, Recreation, and Community Services Recommended Action: Accept informational report and provide direction to staff. **END OF BUSINESS CALENDAR**
WORK STUDY SESSION
19. Environmental Sanitation and Roadway Cleaning Fee Work Study Session Department(s): Public Works Agency
Recommended Action: Discuss and provide direction to staff.
COUNCILMEMBER REQUESTED ITEMS
20. Discuss and Consider Directing the City Manager and City Attorney to Direct Staff to Prepare an Ordinance Amending Section 86 of the Municipal Code to Increase Transparency and Accountability Regarding Contractor and Subcontractor Disclosures – Councilmember Phan
21. Discuss and Consider Directing the City Manager to Direct Staff to Explore the Feasibility of the Conversion of the City of Santa AnaOwned Parcels within the River View Golf Course to Parkland – Mayor Pro Tem Lopez and Councilmember Hernandez
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. Sunshine Ordinance – Work Study Session
3/7/2023