City Council Meeting Packet (Revised 4/12/23)
April 18, 2023
SPECIAL CLOSED SESSION MEETING – 4:30 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 two (2) hours before the scheduled start 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 4:30 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 4:00 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL BY 4:30 p.m.
Speakers who are not in the speaker queue by 4:30 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 4:00 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.
TRANSLATION SERVICES Spanish interpreting services are provided at City Council meetings. Simultaneous Spanish interpretation is provided through the use of headsets and consecutive interpretation (SpanishtoEnglish) in addition to those wishing to address the City Council at the podium.
La ciudad provee servicios de interpretación al español en las juntas del Concilio.
La interpretación simultánea al español se ofrece por medio del uso de audífonos y la interpretación consecutiva (español a inglés) también está disponible para cualquiera que desee dirigirse al concilio municipal en el podio.
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
ADDITIONS\DELETIONS TO CLOSED SESSION
PUBLIC COMMENTS – Members of the public may address the City Council on Closed Session items.
RECESS – City Council will recess to Closed Session for the purpose of conducting regular City business.
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. Candelario Jalomo v. City of Santa Ana, et al., Orange County Superior Court, Case No. 30201901118103CUWTCJC
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
3. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(California Government Code Section 54947(b)(1))
Title: City Manager
4. CONFERENCE WITH LABOR NEGOTIATOR
(California Government Code Section 54957.6)
Unrepresented Employee: City Manager
RECONVENE – City Council will reconvene to continue regular City business.
CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed Session.
ADJOURNMENT – Adjourn the Special Closed Session meeting.
CITY COUNCIL REGULAR OPEN 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
PLEDGE OF ALLEGIANCE Mayor Amezcua
WORDS OF INSPIRATION Juan Plascencia
ADDITIONS\DELETIONS TO THE AGENDA
CEREMONIAL PRESENTATIONS
1. Certificate of Recognition presented by Mayor Amezcua to Selina Mendez for Outstanding Contributions to the Community.
2. Proclamation presented by Mayor Pro Tem Lopez and Councilmember Vazquez to Southern California Coalition for Occupational Safety & Health declaring April 28, 2023 as Workers’ Memorial Day. (Revised 4/12/23)
3. Certificates of Recognition presented by Councilmember Bacerra and Councilmember Penaloza to the 2023 Santa Ana Police Athletic & Activity League Ladybug Champions for their Exceptional Athletic Performance.
4. Certificates of Recognition presented by Councilmember Penaloza to the Santa Ana Police Department’s 2023 Distinguished Service Medal Recipient, Detective Joshua Espadas, and Uniformed Officer of the Year, Officer Dominic Dominguez.
5. Proclamation presented by Councilmember Phan to Boat People SOS Center for Community Advancement declaring April 30 as Black April.
STAFF PRESENTATIONS
6. Homelessness Update
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: 7 through 20.
7. Excused Absences
Department(s): City Clerk’s Office
Recommended Action: Excuse the absent members.
8. Minutes from the Special Closed Session and Regular Meeting of September 20, 2022 Department(s): City Clerk’s Office
Recommended Action: Approve minutes.
9. Appoint Nadin Said Nominated by Councilmember Bacerra as the Ward 4 Representative to the Police Oversight Commission for a FullTerm Expiring December 8, 2026
Department(s): City Clerk’s Office
Recommended Action: Appoint Nadin Said to the Police Oversight Commission as the Ward 4 representative and administer Oath of Office.
10. Award a Purchase Order to Siemens Industry, Inc. in the Amount of $400,000 to Automate Heating, Ventilation, and Air Conditioning (HVAC) Building Controls at the Ross Annex (Specification No. 23047) (General Fund)
Department(s): Public Works Agency
Recommended Action: Authorize a onetime purchase order and payment to Siemens Industry, Inc. for the automation of HVAC building controls on the third and fourth floors of the Ross Annex Building in the amount of $356,538, plus a contingency of $43,462 for a total amount not to exceed $400,000, subject to nonsubstantive changes approved by the City Manager and City Attorney.
11. Award Purchase Order to Matthews Specialty Vehicles, in the Amount of $439,922, for an F59 Ford Chassis Book Mobile Conversion Vehicle (Specification No. 23013) (General Fund and Cannabis Public Benefits Fund)
Department(s): Public Works Agency and Library Services Agency Recommended Action: Authorize a onetime purchase and payment to Matthews Specialty Vehicles for a 2023 F9 Ford chassis book mobile conversion, in the amount of $414,922, plus a contingency of $25,000 for a total amount not to exceed $439,922, subject to nonsubstantive changes approved by the City Manager and City Attorney.
12. Authorize a OneTime Appropriation Adjustment of $500,000 Using General Funds Balance to Increase the FY 202223 Annual Amount for Asphalt Pothole Repair by $300,000, and the Remaining $200,000 Will be Issued Through Emergency Purchase Order Procedures to Quickly Improve Service Levels For Pothole Repairs (Specification No. 18092) (General Fund)
Department(s): Public Works Agency
Recommended Action: 1. Authorize a onetime appropriation of $500,000 using General Fund balance to 01117017 Public Works Service Enhancements for FY 202223 Roadway Maintenance. (Requires five affirmative votes)
2. Approve an amendment to the Purchase Order Contract with All American Asphalt for asphalt pothole repair to increase the current term by $300,000, for a total annual amount not to exceed $1,200,000, and add one, twoyear renewal term to the purchase order exercisable by the City Manager and City Attorney, subject to non substantive changes approved by the City Manager and City Attorney.
13. Award a Construction Contract to Diamond Construction & Design in the Amount of $1,374,150 for the Kennedy Elementary and Villa Fundamental Intermediate Safe Route to School (SRTS) Project With an Estimated Project Delivery Cost of $1,659,049 (Project No. 206963, ATPSB1L5063(199) (General and NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Approve an amendment to the Fiscal Year 202223 Capital Improvement Program to include $130,000 of funding in General Fund for the Kennedy Elementary and Villa Fundamental Intermediate SRTS.
2. Authorize the reallocation of unspent Measure M2 Local Fairshare funds from various projects; $128,316 from Bike Lane Project Development, $84,733 from Traffic Safety Project Development, and $25,000 from the Jackson Elementary Improvements Project, for a total of $238,047 to the Kennedy Elementary and Villa Fundamental Intermediate SRTS Project to complete the project’s funding requirement.
3. Award a construction contract to Diamond Construction & Design, the lowest responsible bidder, in accordance with the base bid in the amount of $1,374,150, for construction of the Kennedy Elementary and Villa Fundamental Intermediate SRTS Project, for the term beginning April 18, 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.
4. Approve the Project Cost Analysis for a total estimated construction delivery cost of $1,659,049, which includes $1,374,150 for the construction contract, $147,484 for contract administration, inspection, and testing; and a $137,415 project contingency for unanticipated or unforeseen work.
5. Determine that the recommended actions are exempt from further review in accordance with the California Environmental Quality Act as Categorical Exemption Environmental Review No. ER202096 was filed for Project 206963.
14. Approve Additional Contingency Funds for an Existing Construction Contract with HYM Engineering, in the Amount of $1,198,427, for the Santa Ana Zoo Giant River Otter and Primate Trials Project with an Estimated Project Delivery Cost of $7,798,427 (Project No. 162658) (General and NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: 1. Approve an amendment to the Project Cost Analysis to recognize $1,198,427 for $1,056,880 in additional contingency funds and $141,547 in additional contract administration, inspection, and testing for a new estimated total construction delivery cost of $7,798,427. The new estimated total construction delivery costs include $5,289,238 for the construction contract, $923,385 for contract administration, inspection, testing, and a $1,585,804 project contingency for unanticipated or unforeseen work, subject to nonsubstantive changes approved by the City Manager and City Attorney.
2. Approve an amendment to the Fiscal Year 202223 Capital Improvement Program for $1,198,427.
15. Award a Construction Contract to CJW Construction, Inc. in the Amount of $4,942,135, Approve an Amendment to the Fiscal Year 202223 CIP, and Approve Amendment to the Agreement with J. Smith & T. Muli, Inc. to Increase the Contract for the Centennial Lake Circulation Renovation Project with an Estimated Total Delivery Cost of $6,179,135 (Project No. 182681) (Revive Santa Ana program) Department(s): Public Works Agency
Recommended Action: 1. Approve an amendment to the Fiscal Year 202223 Capital Improvement Program to include $1,342,240 of funding in American Rescue Plan Funds for the Centennial Lake Circulation Renovation project.
2. Award a construction contract to CJW Construction, Inc., the lowest responsive and responsible bidder, in accordance with the base bid in the amount of $4,942,135, for the construction of the Centennial Lake Circulation Renovation Project, for a term beginning April 18, 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 $6,179,135, which includes $4,942,135 for the construction contract; $742,000 for contract administration, inspection, and testing; and a $495,000 project contingency for unanticipated or unforeseen work.
4. Authorize the City Manager to execute the first amendment to the agreement with J.
Smith & T. Muli, Inc. to increase the Contract Amount by $11,500, for a total amount not to exceed $61,391, for lake engineering and construction services for the remaining term of the agreement, beginning May 20, 2022 through December 31, 2023, including up to two additional oneyear periods upon a writing executed by the City Manager and City Attorney (Agreement No. 2023XXX).
5. Determine the recommended actions are exempt for further review in accordance with the California Environmental Quality Act as Categorical Exemption Environmental Review No. ER202331 was filed for Project 182681.
16. Approve Agreements with Hillsborough Fence Company, J & A Engineering Corporation, and Quality Fence Co. Inc., for a Total Amount Not to Exceed $3,000,000, for up to a FiveYear Term for AsNeeded Installation, Maintenance, and Repair for Fencing and Gate Services (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute agreements with Hillsborough Fence Company, J & A Engineering Corporation, and Quality Fence Co.
Inc. to provide oncall installation, maintenance, and repair for fencing and gates, for a shared aggregate amount not to exceed $3,000,000 for a threeyear term beginning April 18, 2023 and expiring April 18, 2026, with provisions for two, oneyear extensions, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2023XXX).
17. Approve Agreements with AESCO, Inc., Kleinfelder, Inc., and RMA Group, Inc., for a Total Amount Not to Exceed $2,950,000, for OnCall Material Testing and Special Inspection Services (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Authorize the City Manager to execute a Caltrans federally procured agreement with AESCO, Inc., Kleinfelder, Inc., and RMA Group, Inc. to provide OnCall Material Testing and Special Inspection Services, for a shared aggregate amount not to exceed $950,000, for a term beginning April 18, 2023 and expiring July 5, 2024, with provisions for two, oneyear extensions, subject to non substantive changes approved by the City Manager and City Attorney (Agreement No. 2023XXX).
2. Authorize the City Manager to execute the first amendment to the standard agreement with AESCO, Inc., Kleinfelder, Inc., and RMA Group, Inc. to provide OnCall Material Testing and Special Inspection Services, and increase the contract amount by $1,000,000 for a total amount not to exceed $2,000,000, for the remaining term through July 5, 2024, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2023XXX).
18. Approve First Amendment to Agreement with Elite Special Events, Inc. to Increase the NottoExceed Amount by $20,000 per Year through June 30, 2023, for a Total Agreement Amount of $38,050, to Provide Event Equipment and Services at Various City Events (General Fund)
Department(s): Parks, Recreation, and Community Services Recommended Action: Authorize the City Manager to execute the first amendment to the agreement with Elite Special Events to provide event equipment and services for various City events, to increase the amount by $20,000, for a total nottoexceed amount of $38,050, through June 30, 2023, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2023XXX).
19. Historic Property Preservation Agreement
Department(s): Planning and Building Agency
Recommended Action: Authorize the City Manager or designee to execute the attached Mills Act agreement with the belowreferenced property owners for the identified structure(s), subject to nonsubstantive changes approved by the City Manager and City Attorney (includes determination that the proposed project is exempt from further review in accordance with the California Environmental Quality Act (CEQA) as the following Categorical Exemption will be filed for this project: ER No. 202310).
Property Owner(s), Historic Property Preservation Agreement No., Address/House, Vote by HRC
Brian and Krystle Newquist, 202301, 2311 N. Benton Way, 8:1:0:0 (Murashie dissented) (Agreement No. 2023XXX)
20. Adopt a Resolution to Authorize the City Manager to Accept the California Automated Permit Processing Program Grant in the Amount of $100,000 and Execute the Grant Agreement with the State of California Energy Commission, and Approve an Appropriation Adjustment Recognizing Funds
Department(s): Planning and Building Agency
Recommended Action: 1. Adopt Resolution No. 2023XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE RECEIPT OF FUNDS FROM THE CALIFORNIA ENERGY COMMISSION FOR THE CALIFORNIA AUTOMATED PERMIT PROCESSING PROGRAM(includes determination that the proposed action is exempt from further review pursuant to Section 15061(b) (3) of the California Environmental Quality Act (CEQA) and the CEQA Guidelines as there is no potential for any environmental impact).
2. Approve an appropriation adjustment recognizing the CalAPP grant funds, in the amount of $100,000, to revenue account number and appropriate same to expenditure account numbers. (Requires five affirmative votes) **END OF CONSENT CALENDAR**
BUSINESS CALENDAR
21. First Reading of an Ordinance to Amend Section 86 of the Santa Ana Municipal Code (SAMC) Pertaining to License Requirements of Contractors and Subcontractors to Include the Collection and Disclosure of Information Regarding Pending or Prior Enforcement Actions for any State or Federal Labor Violations (Revised 4/12/23)
Department(s): Planning and Building Agency
Recommended Action: Conduct a first reading of Ordinance Amendment No. 2023 02 – An ordinance of the City Council of the City of Santa Ana amending Section 86 of the Santa Ana Municipal Code (SAMC) pertaining to license requirements of contractors and subcontractors to include the collection and disclosure of information regarding pending or prior enforcement actions for any state or federal labor violations.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SANTA ANA MUNICIPAL CODE SECTION 86 RELATING TO LICENSE REQUIREMENTS OF CONTRACTORS AND SUBCONTRACTORS (includes determination that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, as there is no possibility it will have a significant effect on the environment, and it is not a “project,” as defined in Section 15378 of the CEQA Guidelines).
22. Early Direction for Fiscal Year 202324 Budget Cycle Department(s): Finance and Management Services
Recommended Action: Provide early budget direction to staff for the upcoming fiscal year.
23. Resolution Declaring the Termination of Local Emergency Regarding the COVID19 Pandemic
Department(s): City Manager’s Office
Recommended Action: Adopt Resolution No. 2023XXX
A RESOLUTION OF THE SANTA ANA CITY COUNCIL DECLARING THE TERMINATION OF THE PROCLAMATION OF A LOCAL EMERGENCY
REGARDING THE CORONAVIRUS (COVID19) PANDEMIC
24. Resolution Declaring Opposition to Assembly Bill 742 (Jackson) Department(s): City Manager’s Office
Recommended Action: Adopt Resolution No. 2023XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA OPPOSING CALIFORNIA ASSEMBLY BILL 742 (JACKSON)
**END OF BUSINESS CALENDAR**
WORK STUDY SESSION
25. Sunshine Ordinance Amendments Work Study Session
Department(s): Planning and Building Agency
Recommended Action: Discuss and provide direction to staff.
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.
1. April 12–14, 2023 Mayor Amezcua – League of California Cities City Leaders Summit in Sacramento, CA
ADJOURNMENT – Adjourn the City Council meeting.
Future Items
1. Budget – Work Study Session
City Council
1 4/18/2023
City Council Meeting Packet (Revised 4/12/23)
April 18, 2023
SPECIAL CLOSED SESSION MEETING – 4:30 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 two (2) hours before the scheduled start 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 4:30 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 4:00 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL BY 4:30 p.m.
Speakers who are not in the speaker queue by 4:30 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 4:00 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.
TRANSLATION SERVICES Spanish interpreting services are provided at City Council meetings. Simultaneous Spanish interpretation is provided through the use of headsets and consecutive interpretation (SpanishtoEnglish) in addition to those wishing to address the City Council at the podium.
La ciudad provee servicios de interpretación al español en las juntas del Concilio.
La interpretación simultánea al español se ofrece por medio del uso de audífonos y la interpretación consecutiva (español a inglés) también está disponible para cualquiera que desee dirigirse al concilio municipal en el podio.
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
ADDITIONS\DELETIONS TO CLOSED SESSION
PUBLIC COMMENTS – Members of the public may address the City Council on Closed Session items.
RECESS – City Council will recess to Closed Session for the purpose of conducting regular City business.
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. Candelario Jalomo v. City of Santa Ana, et al., Orange County Superior Court, Case No. 30201901118103CUWTCJC
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
3. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(California Government Code Section 54947(b)(1))
Title: City Manager
4. CONFERENCE WITH LABOR NEGOTIATOR
(California Government Code Section 54957.6)
Unrepresented Employee: City Manager
RECONVENE – City Council will reconvene to continue regular City business.
CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed Session.
ADJOURNMENT – Adjourn the Special Closed Session meeting.
CITY COUNCIL REGULAR OPEN 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
PLEDGE OF ALLEGIANCE Mayor Amezcua
WORDS OF INSPIRATION Juan Plascencia
ADDITIONS\DELETIONS TO THE AGENDA
CEREMONIAL PRESENTATIONS
1. Certificate of Recognition presented by Mayor Amezcua to Selina Mendez for Outstanding Contributions to the Community.
2. Proclamation presented by Mayor Pro Tem Lopez and Councilmember Vazquez to Southern California Coalition for Occupational Safety & Health declaring April 28, 2023 as Workers’ Memorial Day. (Revised 4/12/23)
3. Certificates of Recognition presented by Councilmember Bacerra and Councilmember Penaloza to the 2023 Santa Ana Police Athletic & Activity League Ladybug Champions for their Exceptional Athletic Performance.
4. Certificates of Recognition presented by Councilmember Penaloza to the Santa Ana Police Department’s 2023 Distinguished Service Medal Recipient, Detective Joshua Espadas, and Uniformed Officer of the Year, Officer Dominic Dominguez.
5. Proclamation presented by Councilmember Phan to Boat People SOS Center for Community Advancement declaring April 30 as Black April.
STAFF PRESENTATIONS
6. Homelessness Update
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: 7 through 20.
7. Excused Absences
Department(s): City Clerk’s Office
Recommended Action: Excuse the absent members.
8. Minutes from the Special Closed Session and Regular Meeting of September 20, 2022 Department(s): City Clerk’s Office
Recommended Action: Approve minutes.
9. Appoint Nadin Said Nominated by Councilmember Bacerra as the Ward 4 Representative to the Police Oversight Commission for a FullTerm Expiring December 8, 2026
Department(s): City Clerk’s Office
Recommended Action: Appoint Nadin Said to the Police Oversight Commission as the Ward 4 representative and administer Oath of Office.
10. Award a Purchase Order to Siemens Industry, Inc. in the Amount of $400,000 to Automate Heating, Ventilation, and Air Conditioning (HVAC) Building Controls at the Ross Annex (Specification No. 23047) (General Fund)
Department(s): Public Works Agency
Recommended Action: Authorize a onetime purchase order and payment to Siemens Industry, Inc. for the automation of HVAC building controls on the third and fourth floors of the Ross Annex Building in the amount of $356,538, plus a contingency of $43,462 for a total amount not to exceed $400,000, subject to nonsubstantive changes approved by the City Manager and City Attorney.
11. Award Purchase Order to Matthews Specialty Vehicles, in the Amount of $439,922, for an F59 Ford Chassis Book Mobile Conversion Vehicle (Specification No. 23013) (General Fund and Cannabis Public Benefits Fund)
Department(s): Public Works Agency and Library Services Agency Recommended Action: Authorize a onetime purchase and payment to Matthews Specialty Vehicles for a 2023 F9 Ford chassis book mobile conversion, in the amount of $414,922, plus a contingency of $25,000 for a total amount not to exceed $439,922, subject to nonsubstantive changes approved by the City Manager and City Attorney.
12. Authorize a OneTime Appropriation Adjustment of $500,000 Using General Funds Balance to Increase the FY 202223 Annual Amount for Asphalt Pothole Repair by $300,000, and the Remaining $200,000 Will be Issued Through Emergency Purchase Order Procedures to Quickly Improve Service Levels For Pothole Repairs (Specification No. 18092) (General Fund)
Department(s): Public Works Agency
Recommended Action: 1. Authorize a onetime appropriation of $500,000 using General Fund balance to 01117017 Public Works Service Enhancements for FY 202223 Roadway Maintenance. (Requires five affirmative votes)
2. Approve an amendment to the Purchase Order Contract with All American Asphalt for asphalt pothole repair to increase the current term by $300,000, for a total annual amount not to exceed $1,200,000, and add one, twoyear renewal term to the purchase order exercisable by the City Manager and City Attorney, subject to non substantive changes approved by the City Manager and City Attorney.
13. Award a Construction Contract to Diamond Construction & Design in the Amount of $1,374,150 for the Kennedy Elementary and Villa Fundamental Intermediate Safe Route to School (SRTS) Project With an Estimated Project Delivery Cost of $1,659,049 (Project No. 206963, ATPSB1L5063(199) (General and NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Approve an amendment to the Fiscal Year 202223 Capital Improvement Program to include $130,000 of funding in General Fund for the Kennedy Elementary and Villa Fundamental Intermediate SRTS.
2. Authorize the reallocation of unspent Measure M2 Local Fairshare funds from various projects; $128,316 from Bike Lane Project Development, $84,733 from Traffic Safety Project Development, and $25,000 from the Jackson Elementary Improvements Project, for a total of $238,047 to the Kennedy Elementary and Villa Fundamental Intermediate SRTS Project to complete the project’s funding requirement.
3. Award a construction contract to Diamond Construction & Design, the lowest responsible bidder, in accordance with the base bid in the amount of $1,374,150, for construction of the Kennedy Elementary and Villa Fundamental Intermediate SRTS Project, for the term beginning April 18, 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.
4. Approve the Project Cost Analysis for a total estimated construction delivery cost of $1,659,049, which includes $1,374,150 for the construction contract, $147,484 for contract administration, inspection, and testing; and a $137,415 project contingency for unanticipated or unforeseen work.
5. Determine that the recommended actions are exempt from further review in accordance with the California Environmental Quality Act as Categorical Exemption Environmental Review No. ER202096 was filed for Project 206963.
14. Approve Additional Contingency Funds for an Existing Construction Contract with HYM Engineering, in the Amount of $1,198,427, for the Santa Ana Zoo Giant River Otter and Primate Trials Project with an Estimated Project Delivery Cost of $7,798,427 (Project No. 162658) (General and NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: 1. Approve an amendment to the Project Cost Analysis to recognize $1,198,427 for $1,056,880 in additional contingency funds and $141,547 in additional contract administration, inspection, and testing for a new estimated total construction delivery cost of $7,798,427. The new estimated total construction delivery costs include $5,289,238 for the construction contract, $923,385 for contract administration, inspection, testing, and a $1,585,804 project contingency for unanticipated or unforeseen work, subject to nonsubstantive changes approved by the City Manager and City Attorney.
2. Approve an amendment to the Fiscal Year 202223 Capital Improvement Program for $1,198,427.
15. Award a Construction Contract to CJW Construction, Inc. in the Amount of $4,942,135, Approve an Amendment to the Fiscal Year 202223 CIP, and Approve Amendment to the Agreement with J. Smith & T. Muli, Inc. to Increase the Contract for the Centennial Lake Circulation Renovation Project with an Estimated Total Delivery Cost of $6,179,135 (Project No. 182681) (Revive Santa Ana program) Department(s): Public Works Agency
Recommended Action: 1. Approve an amendment to the Fiscal Year 202223 Capital Improvement Program to include $1,342,240 of funding in American Rescue Plan Funds for the Centennial Lake Circulation Renovation project.
2. Award a construction contract to CJW Construction, Inc., the lowest responsive and responsible bidder, in accordance with the base bid in the amount of $4,942,135, for the construction of the Centennial Lake Circulation Renovation Project, for a term beginning April 18, 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 $6,179,135, which includes $4,942,135 for the construction contract; $742,000 for contract administration, inspection, and testing; and a $495,000 project contingency for unanticipated or unforeseen work.
4. Authorize the City Manager to execute the first amendment to the agreement with J.
Smith & T. Muli, Inc. to increase the Contract Amount by $11,500, for a total amount not to exceed $61,391, for lake engineering and construction services for the remaining term of the agreement, beginning May 20, 2022 through December 31, 2023, including up to two additional oneyear periods upon a writing executed by the City Manager and City Attorney (Agreement No. 2023XXX).
5. Determine the recommended actions are exempt for further review in accordance with the California Environmental Quality Act as Categorical Exemption Environmental Review No. ER202331 was filed for Project 182681.
16. Approve Agreements with Hillsborough Fence Company, J & A Engineering Corporation, and Quality Fence Co. Inc., for a Total Amount Not to Exceed $3,000,000, for up to a FiveYear Term for AsNeeded Installation, Maintenance, and Repair for Fencing and Gate Services (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute agreements with Hillsborough Fence Company, J & A Engineering Corporation, and Quality Fence Co.
Inc. to provide oncall installation, maintenance, and repair for fencing and gates, for a shared aggregate amount not to exceed $3,000,000 for a threeyear term beginning April 18, 2023 and expiring April 18, 2026, with provisions for two, oneyear extensions, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2023XXX).
17. Approve Agreements with AESCO, Inc., Kleinfelder, Inc., and RMA Group, Inc., for a Total Amount Not to Exceed $2,950,000, for OnCall Material Testing and Special Inspection Services (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Authorize the City Manager to execute a Caltrans federally procured agreement with AESCO, Inc., Kleinfelder, Inc., and RMA Group, Inc. to provide OnCall Material Testing and Special Inspection Services, for a shared aggregate amount not to exceed $950,000, for a term beginning April 18, 2023 and expiring July 5, 2024, with provisions for two, oneyear extensions, subject to non substantive changes approved by the City Manager and City Attorney (Agreement No. 2023XXX).
2. Authorize the City Manager to execute the first amendment to the standard agreement with AESCO, Inc., Kleinfelder, Inc., and RMA Group, Inc. to provide OnCall Material Testing and Special Inspection Services, and increase the contract amount by $1,000,000 for a total amount not to exceed $2,000,000, for the remaining term through July 5, 2024, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2023XXX).
18. Approve First Amendment to Agreement with Elite Special Events, Inc. to Increase the NottoExceed Amount by $20,000 per Year through June 30, 2023, for a Total Agreement Amount of $38,050, to Provide Event Equipment and Services at Various City Events (General Fund)
Department(s): Parks, Recreation, and Community Services Recommended Action: Authorize the City Manager to execute the first amendment to the agreement with Elite Special Events to provide event equipment and services for various City events, to increase the amount by $20,000, for a total nottoexceed amount of $38,050, through June 30, 2023, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2023XXX).
19. Historic Property Preservation Agreement
Department(s): Planning and Building Agency
Recommended Action: Authorize the City Manager or designee to execute the attached Mills Act agreement with the belowreferenced property owners for the identified structure(s), subject to nonsubstantive changes approved by the City Manager and City Attorney (includes determination that the proposed project is exempt from further review in accordance with the California Environmental Quality Act (CEQA) as the following Categorical Exemption will be filed for this project: ER No. 202310).
Property Owner(s), Historic Property Preservation Agreement No., Address/House, Vote by HRC
Brian and Krystle Newquist, 202301, 2311 N. Benton Way, 8:1:0:0 (Murashie dissented) (Agreement No. 2023XXX)
20. Adopt a Resolution to Authorize the City Manager to Accept the California Automated Permit Processing Program Grant in the Amount of $100,000 and Execute the Grant Agreement with the State of California Energy Commission, and Approve an Appropriation Adjustment Recognizing Funds
Department(s): Planning and Building Agency
Recommended Action: 1. Adopt Resolution No. 2023XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE RECEIPT OF FUNDS FROM THE CALIFORNIA ENERGY COMMISSION FOR THE CALIFORNIA AUTOMATED PERMIT PROCESSING PROGRAM(includes determination that the proposed action is exempt from further review pursuant to Section 15061(b) (3) of the California Environmental Quality Act (CEQA) and the CEQA Guidelines as there is no potential for any environmental impact).
2. Approve an appropriation adjustment recognizing the CalAPP grant funds, in the amount of $100,000, to revenue account number and appropriate same to expenditure account numbers. (Requires five affirmative votes) **END OF CONSENT CALENDAR**
BUSINESS CALENDAR
21. First Reading of an Ordinance to Amend Section 86 of the Santa Ana Municipal Code (SAMC) Pertaining to License Requirements of Contractors and Subcontractors to Include the Collection and Disclosure of Information Regarding Pending or Prior Enforcement Actions for any State or Federal Labor Violations (Revised 4/12/23)
Department(s): Planning and Building Agency
Recommended Action: Conduct a first reading of Ordinance Amendment No. 2023 02 – An ordinance of the City Council of the City of Santa Ana amending Section 86 of the Santa Ana Municipal Code (SAMC) pertaining to license requirements of contractors and subcontractors to include the collection and disclosure of information regarding pending or prior enforcement actions for any state or federal labor violations.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SANTA ANA MUNICIPAL CODE SECTION 86 RELATING TO LICENSE REQUIREMENTS OF CONTRACTORS AND SUBCONTRACTORS (includes determination that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, as there is no possibility it will have a significant effect on the environment, and it is not a “project,” as defined in Section 15378 of the CEQA Guidelines).
22. Early Direction for Fiscal Year 202324 Budget Cycle Department(s): Finance and Management Services
Recommended Action: Provide early budget direction to staff for the upcoming fiscal year.
23. Resolution Declaring the Termination of Local Emergency Regarding the COVID19 Pandemic
Department(s): City Manager’s Office
Recommended Action: Adopt Resolution No. 2023XXX
A RESOLUTION OF THE SANTA ANA CITY COUNCIL DECLARING THE TERMINATION OF THE PROCLAMATION OF A LOCAL EMERGENCY
REGARDING THE CORONAVIRUS (COVID19) PANDEMIC
24. Resolution Declaring Opposition to Assembly Bill 742 (Jackson) Department(s): City Manager’s Office
Recommended Action: Adopt Resolution No. 2023XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA OPPOSING CALIFORNIA ASSEMBLY BILL 742 (JACKSON)
**END OF BUSINESS CALENDAR**
WORK STUDY SESSION
25. Sunshine Ordinance Amendments Work Study Session
Department(s): Planning and Building Agency
Recommended Action: Discuss and provide direction to staff.
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.
1. April 12–14, 2023 Mayor Amezcua – League of California Cities City Leaders Summit in Sacramento, CA
ADJOURNMENT – Adjourn the City Council meeting.
Future Items
1. Budget – Work Study Session
City Council
2 4/18/2023
City Council Meeting Packet (Revised 4/12/23)
April 18, 2023
SPECIAL CLOSED SESSION MEETING – 4:30 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 two (2) hours before the scheduled start 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 4:30 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 4:00 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL BY 4:30 p.m.
Speakers who are not in the speaker queue by 4:30 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 4:00 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.
TRANSLATION SERVICES Spanish interpreting services are provided at City Council meetings. Simultaneous Spanish interpretation is provided through the use of headsets and consecutive interpretation (SpanishtoEnglish) in addition to those wishing to address the City Council at the podium.
La ciudad provee servicios de interpretación al español en las juntas del Concilio.
La interpretación simultánea al español se ofrece por medio del uso de audífonos y la interpretación consecutiva (español a inglés) también está disponible para cualquiera que desee dirigirse al concilio municipal en el podio.
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
ADDITIONS\DELETIONS TO CLOSED SESSION
PUBLIC COMMENTS – Members of the public may address the City Council on Closed Session items.
RECESS – City Council will recess to Closed Session for the purpose of conducting regular City business.
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. Candelario Jalomo v. City of Santa Ana, et al., Orange County Superior Court, Case No. 30201901118103CUWTCJC
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
3. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(California Government Code Section 54947(b)(1))
Title: City Manager
4. CONFERENCE WITH LABOR NEGOTIATOR
(California Government Code Section 54957.6)
Unrepresented Employee: City Manager
RECONVENE – City Council will reconvene to continue regular City business.
CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed Session.
ADJOURNMENT – Adjourn the Special Closed Session meeting.
CITY COUNCIL REGULAR OPEN 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
PLEDGE OF ALLEGIANCE Mayor Amezcua
WORDS OF INSPIRATION Juan Plascencia
ADDITIONS\DELETIONS TO THE AGENDA
CEREMONIAL PRESENTATIONS
1. Certificate of Recognition presented by Mayor Amezcua to Selina Mendez for Outstanding Contributions to the Community.
2. Proclamation presented by Mayor Pro Tem Lopez and Councilmember Vazquez to Southern California Coalition for Occupational Safety & Health declaring April 28, 2023 as Workers’ Memorial Day. (Revised 4/12/23)
3. Certificates of Recognition presented by Councilmember Bacerra and Councilmember Penaloza to the 2023 Santa Ana Police Athletic & Activity League Ladybug Champions for their Exceptional Athletic Performance.
4. Certificates of Recognition presented by Councilmember Penaloza to the Santa Ana Police Department’s 2023 Distinguished Service Medal Recipient, Detective Joshua Espadas, and Uniformed Officer of the Year, Officer Dominic Dominguez.
5. Proclamation presented by Councilmember Phan to Boat People SOS Center for Community Advancement declaring April 30 as Black April.
STAFF PRESENTATIONS
6. Homelessness Update
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: 7 through 20.
7. Excused Absences
Department(s): City Clerk’s Office
Recommended Action: Excuse the absent members.
8. Minutes from the Special Closed Session and Regular Meeting of September 20, 2022 Department(s): City Clerk’s Office
Recommended Action: Approve minutes.
9. Appoint Nadin Said Nominated by Councilmember Bacerra as the Ward 4 Representative to the Police Oversight Commission for a FullTerm Expiring December 8, 2026
Department(s): City Clerk’s Office
Recommended Action: Appoint Nadin Said to the Police Oversight Commission as the Ward 4 representative and administer Oath of Office.
10. Award a Purchase Order to Siemens Industry, Inc. in the Amount of $400,000 to Automate Heating, Ventilation, and Air Conditioning (HVAC) Building Controls at the Ross Annex (Specification No. 23047) (General Fund)
Department(s): Public Works Agency
Recommended Action: Authorize a onetime purchase order and payment to Siemens Industry, Inc. for the automation of HVAC building controls on the third and fourth floors of the Ross Annex Building in the amount of $356,538, plus a contingency of $43,462 for a total amount not to exceed $400,000, subject to nonsubstantive changes approved by the City Manager and City Attorney.
11. Award Purchase Order to Matthews Specialty Vehicles, in the Amount of $439,922, for an F59 Ford Chassis Book Mobile Conversion Vehicle (Specification No. 23013) (General Fund and Cannabis Public Benefits Fund)
Department(s): Public Works Agency and Library Services Agency Recommended Action: Authorize a onetime purchase and payment to Matthews Specialty Vehicles for a 2023 F9 Ford chassis book mobile conversion, in the amount of $414,922, plus a contingency of $25,000 for a total amount not to exceed $439,922, subject to nonsubstantive changes approved by the City Manager and City Attorney.
12. Authorize a OneTime Appropriation Adjustment of $500,000 Using General Funds Balance to Increase the FY 202223 Annual Amount for Asphalt Pothole Repair by $300,000, and the Remaining $200,000 Will be Issued Through Emergency Purchase Order Procedures to Quickly Improve Service Levels For Pothole Repairs (Specification No. 18092) (General Fund)
Department(s): Public Works Agency
Recommended Action: 1. Authorize a onetime appropriation of $500,000 using General Fund balance to 01117017 Public Works Service Enhancements for FY 202223 Roadway Maintenance. (Requires five affirmative votes)
2. Approve an amendment to the Purchase Order Contract with All American Asphalt for asphalt pothole repair to increase the current term by $300,000, for a total annual amount not to exceed $1,200,000, and add one, twoyear renewal term to the purchase order exercisable by the City Manager and City Attorney, subject to non substantive changes approved by the City Manager and City Attorney.
13. Award a Construction Contract to Diamond Construction & Design in the Amount of $1,374,150 for the Kennedy Elementary and Villa Fundamental Intermediate Safe Route to School (SRTS) Project With an Estimated Project Delivery Cost of $1,659,049 (Project No. 206963, ATPSB1L5063(199) (General and NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Approve an amendment to the Fiscal Year 202223 Capital Improvement Program to include $130,000 of funding in General Fund for the Kennedy Elementary and Villa Fundamental Intermediate SRTS.
2. Authorize the reallocation of unspent Measure M2 Local Fairshare funds from various projects; $128,316 from Bike Lane Project Development, $84,733 from Traffic Safety Project Development, and $25,000 from the Jackson Elementary Improvements Project, for a total of $238,047 to the Kennedy Elementary and Villa Fundamental Intermediate SRTS Project to complete the project’s funding requirement.
3. Award a construction contract to Diamond Construction & Design, the lowest responsible bidder, in accordance with the base bid in the amount of $1,374,150, for construction of the Kennedy Elementary and Villa Fundamental Intermediate SRTS Project, for the term beginning April 18, 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.
4. Approve the Project Cost Analysis for a total estimated construction delivery cost of $1,659,049, which includes $1,374,150 for the construction contract, $147,484 for contract administration, inspection, and testing; and a $137,415 project contingency for unanticipated or unforeseen work.
5. Determine that the recommended actions are exempt from further review in accordance with the California Environmental Quality Act as Categorical Exemption Environmental Review No. ER202096 was filed for Project 206963.
14. Approve Additional Contingency Funds for an Existing Construction Contract with HYM Engineering, in the Amount of $1,198,427, for the Santa Ana Zoo Giant River Otter and Primate Trials Project with an Estimated Project Delivery Cost of $7,798,427 (Project No. 162658) (General and NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: 1. Approve an amendment to the Project Cost Analysis to recognize $1,198,427 for $1,056,880 in additional contingency funds and $141,547 in additional contract administration, inspection, and testing for a new estimated total construction delivery cost of $7,798,427. The new estimated total construction delivery costs include $5,289,238 for the construction contract, $923,385 for contract administration, inspection, testing, and a $1,585,804 project contingency for unanticipated or unforeseen work, subject to nonsubstantive changes approved by the City Manager and City Attorney.
2. Approve an amendment to the Fiscal Year 202223 Capital Improvement Program for $1,198,427.
15. Award a Construction Contract to CJW Construction, Inc. in the Amount of $4,942,135, Approve an Amendment to the Fiscal Year 202223 CIP, and Approve Amendment to the Agreement with J. Smith & T. Muli, Inc. to Increase the Contract for the Centennial Lake Circulation Renovation Project with an Estimated Total Delivery Cost of $6,179,135 (Project No. 182681) (Revive Santa Ana program) Department(s): Public Works Agency
Recommended Action: 1. Approve an amendment to the Fiscal Year 202223 Capital Improvement Program to include $1,342,240 of funding in American Rescue Plan Funds for the Centennial Lake Circulation Renovation project.
2. Award a construction contract to CJW Construction, Inc., the lowest responsive and responsible bidder, in accordance with the base bid in the amount of $4,942,135, for the construction of the Centennial Lake Circulation Renovation Project, for a term beginning April 18, 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 $6,179,135, which includes $4,942,135 for the construction contract; $742,000 for contract administration, inspection, and testing; and a $495,000 project contingency for unanticipated or unforeseen work.
4. Authorize the City Manager to execute the first amendment to the agreement with J.
Smith & T. Muli, Inc. to increase the Contract Amount by $11,500, for a total amount not to exceed $61,391, for lake engineering and construction services for the remaining term of the agreement, beginning May 20, 2022 through December 31, 2023, including up to two additional oneyear periods upon a writing executed by the City Manager and City Attorney (Agreement No. 2023XXX).
5. Determine the recommended actions are exempt for further review in accordance with the California Environmental Quality Act as Categorical Exemption Environmental Review No. ER202331 was filed for Project 182681.
16. Approve Agreements with Hillsborough Fence Company, J & A Engineering Corporation, and Quality Fence Co. Inc., for a Total Amount Not to Exceed $3,000,000, for up to a FiveYear Term for AsNeeded Installation, Maintenance, and Repair for Fencing and Gate Services (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute agreements with Hillsborough Fence Company, J & A Engineering Corporation, and Quality Fence Co.
Inc. to provide oncall installation, maintenance, and repair for fencing and gates, for a shared aggregate amount not to exceed $3,000,000 for a threeyear term beginning April 18, 2023 and expiring April 18, 2026, with provisions for two, oneyear extensions, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2023XXX).
17. Approve Agreements with AESCO, Inc., Kleinfelder, Inc., and RMA Group, Inc., for a Total Amount Not to Exceed $2,950,000, for OnCall Material Testing and Special Inspection Services (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Authorize the City Manager to execute a Caltrans federally procured agreement with AESCO, Inc., Kleinfelder, Inc., and RMA Group, Inc. to provide OnCall Material Testing and Special Inspection Services, for a shared aggregate amount not to exceed $950,000, for a term beginning April 18, 2023 and expiring July 5, 2024, with provisions for two, oneyear extensions, subject to non substantive changes approved by the City Manager and City Attorney (Agreement No. 2023XXX).
2. Authorize the City Manager to execute the first amendment to the standard agreement with AESCO, Inc., Kleinfelder, Inc., and RMA Group, Inc. to provide OnCall Material Testing and Special Inspection Services, and increase the contract amount by $1,000,000 for a total amount not to exceed $2,000,000, for the remaining term through July 5, 2024, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2023XXX).
18. Approve First Amendment to Agreement with Elite Special Events, Inc. to Increase the NottoExceed Amount by $20,000 per Year through June 30, 2023, for a Total Agreement Amount of $38,050, to Provide Event Equipment and Services at Various City Events (General Fund)
Department(s): Parks, Recreation, and Community Services Recommended Action: Authorize the City Manager to execute the first amendment to the agreement with Elite Special Events to provide event equipment and services for various City events, to increase the amount by $20,000, for a total nottoexceed amount of $38,050, through June 30, 2023, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2023XXX).
19. Historic Property Preservation Agreement
Department(s): Planning and Building Agency
Recommended Action: Authorize the City Manager or designee to execute the attached Mills Act agreement with the belowreferenced property owners for the identified structure(s), subject to nonsubstantive changes approved by the City Manager and City Attorney (includes determination that the proposed project is exempt from further review in accordance with the California Environmental Quality Act (CEQA) as the following Categorical Exemption will be filed for this project: ER No. 202310).
Property Owner(s), Historic Property Preservation Agreement No., Address/House, Vote by HRC
Brian and Krystle Newquist, 202301, 2311 N. Benton Way, 8:1:0:0 (Murashie dissented) (Agreement No. 2023XXX)
20. Adopt a Resolution to Authorize the City Manager to Accept the California Automated Permit Processing Program Grant in the Amount of $100,000 and Execute the Grant Agreement with the State of California Energy Commission, and Approve an Appropriation Adjustment Recognizing Funds
Department(s): Planning and Building Agency
Recommended Action: 1. Adopt Resolution No. 2023XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE RECEIPT OF FUNDS FROM THE CALIFORNIA ENERGY COMMISSION FOR THE CALIFORNIA AUTOMATED PERMIT PROCESSING PROGRAM(includes determination that the proposed action is exempt from further review pursuant to Section 15061(b) (3) of the California Environmental Quality Act (CEQA) and the CEQA Guidelines as there is no potential for any environmental impact).
2. Approve an appropriation adjustment recognizing the CalAPP grant funds, in the amount of $100,000, to revenue account number and appropriate same to expenditure account numbers. (Requires five affirmative votes) **END OF CONSENT CALENDAR**
BUSINESS CALENDAR
21. First Reading of an Ordinance to Amend Section 86 of the Santa Ana Municipal Code (SAMC) Pertaining to License Requirements of Contractors and Subcontractors to Include the Collection and Disclosure of Information Regarding Pending or Prior Enforcement Actions for any State or Federal Labor Violations (Revised 4/12/23)
Department(s): Planning and Building Agency
Recommended Action: Conduct a first reading of Ordinance Amendment No. 2023 02 – An ordinance of the City Council of the City of Santa Ana amending Section 86 of the Santa Ana Municipal Code (SAMC) pertaining to license requirements of contractors and subcontractors to include the collection and disclosure of information regarding pending or prior enforcement actions for any state or federal labor violations.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SANTA ANA MUNICIPAL CODE SECTION 86 RELATING TO LICENSE REQUIREMENTS OF CONTRACTORS AND SUBCONTRACTORS (includes determination that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, as there is no possibility it will have a significant effect on the environment, and it is not a “project,” as defined in Section 15378 of the CEQA Guidelines).
22. Early Direction for Fiscal Year 202324 Budget Cycle Department(s): Finance and Management Services
Recommended Action: Provide early budget direction to staff for the upcoming fiscal year.
23. Resolution Declaring the Termination of Local Emergency Regarding the COVID19 Pandemic
Department(s): City Manager’s Office
Recommended Action: Adopt Resolution No. 2023XXX
A RESOLUTION OF THE SANTA ANA CITY COUNCIL DECLARING THE TERMINATION OF THE PROCLAMATION OF A LOCAL EMERGENCY
REGARDING THE CORONAVIRUS (COVID19) PANDEMIC
24. Resolution Declaring Opposition to Assembly Bill 742 (Jackson) Department(s): City Manager’s Office
Recommended Action: Adopt Resolution No. 2023XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA OPPOSING CALIFORNIA ASSEMBLY BILL 742 (JACKSON)
**END OF BUSINESS CALENDAR**
WORK STUDY SESSION
25. Sunshine Ordinance Amendments Work Study Session
Department(s): Planning and Building Agency
Recommended Action: Discuss and provide direction to staff.
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.
1. April 12–14, 2023 Mayor Amezcua – League of California Cities City Leaders Summit in Sacramento, CA
ADJOURNMENT – Adjourn the City Council meeting.
Future Items
1. Budget – Work Study Session
City Council
3 4/18/2023
City Council Meeting Packet (Revised 4/12/23)
April 18, 2023
SPECIAL CLOSED SESSION MEETING – 4:30 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 two (2) hours before the scheduled start 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 4:30 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 4:00 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL BY 4:30 p.m.
Speakers who are not in the speaker queue by 4:30 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 4:00 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.
TRANSLATION SERVICES Spanish interpreting services are provided at City Council meetings. Simultaneous Spanish interpretation is provided through the use of headsets and consecutive interpretation (SpanishtoEnglish) in addition to those wishing to address the City Council at the podium.
La ciudad provee servicios de interpretación al español en las juntas del Concilio.
La interpretación simultánea al español se ofrece por medio del uso de audífonos y la interpretación consecutiva (español a inglés) también está disponible para cualquiera que desee dirigirse al concilio municipal en el podio.
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
ADDITIONS\DELETIONS TO CLOSED SESSION
PUBLIC COMMENTS – Members of the public may address the City Council on Closed Session items.
RECESS – City Council will recess to Closed Session for the purpose of conducting regular City business.
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. Candelario Jalomo v. City of Santa Ana, et al., Orange County Superior Court, Case No. 30201901118103CUWTCJC
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
3. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(California Government Code Section 54947(b)(1))
Title: City Manager
4. CONFERENCE WITH LABOR NEGOTIATOR
(California Government Code Section 54957.6)
Unrepresented Employee: City Manager
RECONVENE – City Council will reconvene to continue regular City business.
CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed Session.
ADJOURNMENT – Adjourn the Special Closed Session meeting.
CITY COUNCIL REGULAR OPEN 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
PLEDGE OF ALLEGIANCE Mayor Amezcua
WORDS OF INSPIRATION Juan Plascencia
ADDITIONS\DELETIONS TO THE AGENDA
CEREMONIAL PRESENTATIONS
1. Certificate of Recognition presented by Mayor Amezcua to Selina Mendez for Outstanding Contributions to the Community.
2. Proclamation presented by Mayor Pro Tem Lopez and Councilmember Vazquez to Southern California Coalition for Occupational Safety & Health declaring April 28, 2023 as Workers’ Memorial Day. (Revised 4/12/23)
3. Certificates of Recognition presented by Councilmember Bacerra and Councilmember Penaloza to the 2023 Santa Ana Police Athletic & Activity League Ladybug Champions for their Exceptional Athletic Performance.
4. Certificates of Recognition presented by Councilmember Penaloza to the Santa Ana Police Department’s 2023 Distinguished Service Medal Recipient, Detective Joshua Espadas, and Uniformed Officer of the Year, Officer Dominic Dominguez.
5. Proclamation presented by Councilmember Phan to Boat People SOS Center for Community Advancement declaring April 30 as Black April.
STAFF PRESENTATIONS
6. Homelessness Update
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: 7 through 20.
7. Excused Absences
Department(s): City Clerk’s Office
Recommended Action: Excuse the absent members.
8. Minutes from the Special Closed Session and Regular Meeting of September 20, 2022 Department(s): City Clerk’s Office
Recommended Action: Approve minutes.
9. Appoint Nadin Said Nominated by Councilmember Bacerra as the Ward 4 Representative to the Police Oversight Commission for a FullTerm Expiring December 8, 2026
Department(s): City Clerk’s Office
Recommended Action: Appoint Nadin Said to the Police Oversight Commission as the Ward 4 representative and administer Oath of Office.
10. Award a Purchase Order to Siemens Industry, Inc. in the Amount of $400,000 to Automate Heating, Ventilation, and Air Conditioning (HVAC) Building Controls at the Ross Annex (Specification No. 23047) (General Fund)
Department(s): Public Works Agency
Recommended Action: Authorize a onetime purchase order and payment to Siemens Industry, Inc. for the automation of HVAC building controls on the third and fourth floors of the Ross Annex Building in the amount of $356,538, plus a contingency of $43,462 for a total amount not to exceed $400,000, subject to nonsubstantive changes approved by the City Manager and City Attorney.
11. Award Purchase Order to Matthews Specialty Vehicles, in the Amount of $439,922, for an F59 Ford Chassis Book Mobile Conversion Vehicle (Specification No. 23013) (General Fund and Cannabis Public Benefits Fund)
Department(s): Public Works Agency and Library Services Agency Recommended Action: Authorize a onetime purchase and payment to Matthews Specialty Vehicles for a 2023 F9 Ford chassis book mobile conversion, in the amount of $414,922, plus a contingency of $25,000 for a total amount not to exceed $439,922, subject to nonsubstantive changes approved by the City Manager and City Attorney.
12. Authorize a OneTime Appropriation Adjustment of $500,000 Using General Funds Balance to Increase the FY 202223 Annual Amount for Asphalt Pothole Repair by $300,000, and the Remaining $200,000 Will be Issued Through Emergency Purchase Order Procedures to Quickly Improve Service Levels For Pothole Repairs (Specification No. 18092) (General Fund)
Department(s): Public Works Agency
Recommended Action: 1. Authorize a onetime appropriation of $500,000 using General Fund balance to 01117017 Public Works Service Enhancements for FY 202223 Roadway Maintenance. (Requires five affirmative votes)
2. Approve an amendment to the Purchase Order Contract with All American Asphalt for asphalt pothole repair to increase the current term by $300,000, for a total annual amount not to exceed $1,200,000, and add one, twoyear renewal term to the purchase order exercisable by the City Manager and City Attorney, subject to non substantive changes approved by the City Manager and City Attorney.
13. Award a Construction Contract to Diamond Construction & Design in the Amount of $1,374,150 for the Kennedy Elementary and Villa Fundamental Intermediate Safe Route to School (SRTS) Project With an Estimated Project Delivery Cost of $1,659,049 (Project No. 206963, ATPSB1L5063(199) (General and NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Approve an amendment to the Fiscal Year 202223 Capital Improvement Program to include $130,000 of funding in General Fund for the Kennedy Elementary and Villa Fundamental Intermediate SRTS.
2. Authorize the reallocation of unspent Measure M2 Local Fairshare funds from various projects; $128,316 from Bike Lane Project Development, $84,733 from Traffic Safety Project Development, and $25,000 from the Jackson Elementary Improvements Project, for a total of $238,047 to the Kennedy Elementary and Villa Fundamental Intermediate SRTS Project to complete the project’s funding requirement.
3. Award a construction contract to Diamond Construction & Design, the lowest responsible bidder, in accordance with the base bid in the amount of $1,374,150, for construction of the Kennedy Elementary and Villa Fundamental Intermediate SRTS Project, for the term beginning April 18, 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.
4. Approve the Project Cost Analysis for a total estimated construction delivery cost of $1,659,049, which includes $1,374,150 for the construction contract, $147,484 for contract administration, inspection, and testing; and a $137,415 project contingency for unanticipated or unforeseen work.
5. Determine that the recommended actions are exempt from further review in accordance with the California Environmental Quality Act as Categorical Exemption Environmental Review No. ER202096 was filed for Project 206963.
14. Approve Additional Contingency Funds for an Existing Construction Contract with HYM Engineering, in the Amount of $1,198,427, for the Santa Ana Zoo Giant River Otter and Primate Trials Project with an Estimated Project Delivery Cost of $7,798,427 (Project No. 162658) (General and NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: 1. Approve an amendment to the Project Cost Analysis to recognize $1,198,427 for $1,056,880 in additional contingency funds and $141,547 in additional contract administration, inspection, and testing for a new estimated total construction delivery cost of $7,798,427. The new estimated total construction delivery costs include $5,289,238 for the construction contract, $923,385 for contract administration, inspection, testing, and a $1,585,804 project contingency for unanticipated or unforeseen work, subject to nonsubstantive changes approved by the City Manager and City Attorney.
2. Approve an amendment to the Fiscal Year 202223 Capital Improvement Program for $1,198,427.
15. Award a Construction Contract to CJW Construction, Inc. in the Amount of $4,942,135, Approve an Amendment to the Fiscal Year 202223 CIP, and Approve Amendment to the Agreement with J. Smith & T. Muli, Inc. to Increase the Contract for the Centennial Lake Circulation Renovation Project with an Estimated Total Delivery Cost of $6,179,135 (Project No. 182681) (Revive Santa Ana program) Department(s): Public Works Agency
Recommended Action: 1. Approve an amendment to the Fiscal Year 202223 Capital Improvement Program to include $1,342,240 of funding in American Rescue Plan Funds for the Centennial Lake Circulation Renovation project.
2. Award a construction contract to CJW Construction, Inc., the lowest responsive and responsible bidder, in accordance with the base bid in the amount of $4,942,135, for the construction of the Centennial Lake Circulation Renovation Project, for a term beginning April 18, 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 $6,179,135, which includes $4,942,135 for the construction contract; $742,000 for contract administration, inspection, and testing; and a $495,000 project contingency for unanticipated or unforeseen work.
4. Authorize the City Manager to execute the first amendment to the agreement with J.
Smith & T. Muli, Inc. to increase the Contract Amount by $11,500, for a total amount not to exceed $61,391, for lake engineering and construction services for the remaining term of the agreement, beginning May 20, 2022 through December 31, 2023, including up to two additional oneyear periods upon a writing executed by the City Manager and City Attorney (Agreement No. 2023XXX).
5. Determine the recommended actions are exempt for further review in accordance with the California Environmental Quality Act as Categorical Exemption Environmental Review No. ER202331 was filed for Project 182681.
16. Approve Agreements with Hillsborough Fence Company, J & A Engineering Corporation, and Quality Fence Co. Inc., for a Total Amount Not to Exceed $3,000,000, for up to a FiveYear Term for AsNeeded Installation, Maintenance, and Repair for Fencing and Gate Services (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute agreements with Hillsborough Fence Company, J & A Engineering Corporation, and Quality Fence Co.
Inc. to provide oncall installation, maintenance, and repair for fencing and gates, for a shared aggregate amount not to exceed $3,000,000 for a threeyear term beginning April 18, 2023 and expiring April 18, 2026, with provisions for two, oneyear extensions, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2023XXX).
17. Approve Agreements with AESCO, Inc., Kleinfelder, Inc., and RMA Group, Inc., for a Total Amount Not to Exceed $2,950,000, for OnCall Material Testing and Special Inspection Services (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Authorize the City Manager to execute a Caltrans federally procured agreement with AESCO, Inc., Kleinfelder, Inc., and RMA Group, Inc. to provide OnCall Material Testing and Special Inspection Services, for a shared aggregate amount not to exceed $950,000, for a term beginning April 18, 2023 and expiring July 5, 2024, with provisions for two, oneyear extensions, subject to non substantive changes approved by the City Manager and City Attorney (Agreement No. 2023XXX).
2. Authorize the City Manager to execute the first amendment to the standard agreement with AESCO, Inc., Kleinfelder, Inc., and RMA Group, Inc. to provide OnCall Material Testing and Special Inspection Services, and increase the contract amount by $1,000,000 for a total amount not to exceed $2,000,000, for the remaining term through July 5, 2024, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2023XXX).
18. Approve First Amendment to Agreement with Elite Special Events, Inc. to Increase the NottoExceed Amount by $20,000 per Year through June 30, 2023, for a Total Agreement Amount of $38,050, to Provide Event Equipment and Services at Various City Events (General Fund)
Department(s): Parks, Recreation, and Community Services Recommended Action: Authorize the City Manager to execute the first amendment to the agreement with Elite Special Events to provide event equipment and services for various City events, to increase the amount by $20,000, for a total nottoexceed amount of $38,050, through June 30, 2023, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2023XXX).
19. Historic Property Preservation Agreement
Department(s): Planning and Building Agency
Recommended Action: Authorize the City Manager or designee to execute the attached Mills Act agreement with the belowreferenced property owners for the identified structure(s), subject to nonsubstantive changes approved by the City Manager and City Attorney (includes determination that the proposed project is exempt from further review in accordance with the California Environmental Quality Act (CEQA) as the following Categorical Exemption will be filed for this project: ER No. 202310).
Property Owner(s), Historic Property Preservation Agreement No., Address/House, Vote by HRC
Brian and Krystle Newquist, 202301, 2311 N. Benton Way, 8:1:0:0 (Murashie dissented) (Agreement No. 2023XXX)
20. Adopt a Resolution to Authorize the City Manager to Accept the California Automated Permit Processing Program Grant in the Amount of $100,000 and Execute the Grant Agreement with the State of California Energy Commission, and Approve an Appropriation Adjustment Recognizing Funds
Department(s): Planning and Building Agency
Recommended Action: 1. Adopt Resolution No. 2023XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE RECEIPT OF FUNDS FROM THE CALIFORNIA ENERGY COMMISSION FOR THE CALIFORNIA AUTOMATED PERMIT PROCESSING PROGRAM(includes determination that the proposed action is exempt from further review pursuant to Section 15061(b) (3) of the California Environmental Quality Act (CEQA) and the CEQA Guidelines as there is no potential for any environmental impact).
2. Approve an appropriation adjustment recognizing the CalAPP grant funds, in the amount of $100,000, to revenue account number and appropriate same to expenditure account numbers. (Requires five affirmative votes) **END OF CONSENT CALENDAR**
BUSINESS CALENDAR
21. First Reading of an Ordinance to Amend Section 86 of the Santa Ana Municipal Code (SAMC) Pertaining to License Requirements of Contractors and Subcontractors to Include the Collection and Disclosure of Information Regarding Pending or Prior Enforcement Actions for any State or Federal Labor Violations (Revised 4/12/23)
Department(s): Planning and Building Agency
Recommended Action: Conduct a first reading of Ordinance Amendment No. 2023 02 – An ordinance of the City Council of the City of Santa Ana amending Section 86 of the Santa Ana Municipal Code (SAMC) pertaining to license requirements of contractors and subcontractors to include the collection and disclosure of information regarding pending or prior enforcement actions for any state or federal labor violations.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SANTA ANA MUNICIPAL CODE SECTION 86 RELATING TO LICENSE REQUIREMENTS OF CONTRACTORS AND SUBCONTRACTORS (includes determination that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, as there is no possibility it will have a significant effect on the environment, and it is not a “project,” as defined in Section 15378 of the CEQA Guidelines).
22. Early Direction for Fiscal Year 202324 Budget Cycle Department(s): Finance and Management Services
Recommended Action: Provide early budget direction to staff for the upcoming fiscal year.
23. Resolution Declaring the Termination of Local Emergency Regarding the COVID19 Pandemic
Department(s): City Manager’s Office
Recommended Action: Adopt Resolution No. 2023XXX
A RESOLUTION OF THE SANTA ANA CITY COUNCIL DECLARING THE TERMINATION OF THE PROCLAMATION OF A LOCAL EMERGENCY
REGARDING THE CORONAVIRUS (COVID19) PANDEMIC
24. Resolution Declaring Opposition to Assembly Bill 742 (Jackson) Department(s): City Manager’s Office
Recommended Action: Adopt Resolution No. 2023XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA OPPOSING CALIFORNIA ASSEMBLY BILL 742 (JACKSON)
**END OF BUSINESS CALENDAR**
WORK STUDY SESSION
25. Sunshine Ordinance Amendments Work Study Session
Department(s): Planning and Building Agency
Recommended Action: Discuss and provide direction to staff.
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.
1. April 12–14, 2023 Mayor Amezcua – League of California Cities City Leaders Summit in Sacramento, CA
ADJOURNMENT – Adjourn the City Council meeting.
Future Items
1. Budget – Work Study Session
City Council
4 4/18/2023
City Council Meeting Packet (Revised 4/12/23)
April 18, 2023
SPECIAL CLOSED SESSION MEETING – 4:30 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 two (2) hours before the scheduled start 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 4:30 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 4:00 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL BY 4:30 p.m.
Speakers who are not in the speaker queue by 4:30 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 4:00 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.
TRANSLATION SERVICES Spanish interpreting services are provided at City Council meetings. Simultaneous Spanish interpretation is provided through the use of headsets and consecutive interpretation (SpanishtoEnglish) in addition to those wishing to address the City Council at the podium.
La ciudad provee servicios de interpretación al español en las juntas del Concilio.
La interpretación simultánea al español se ofrece por medio del uso de audífonos y la interpretación consecutiva (español a inglés) también está disponible para cualquiera que desee dirigirse al concilio municipal en el podio.
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
ADDITIONS\DELETIONS TO CLOSED SESSION
PUBLIC COMMENTS – Members of the public may address the City Council on Closed Session items.
RECESS – City Council will recess to Closed Session for the purpose of conducting regular City business.
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. Candelario Jalomo v. City of Santa Ana, et al., Orange County Superior Court, Case No. 30201901118103CUWTCJC
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
3. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(California Government Code Section 54947(b)(1))
Title: City Manager
4. CONFERENCE WITH LABOR NEGOTIATOR
(California Government Code Section 54957.6)
Unrepresented Employee: City Manager
RECONVENE – City Council will reconvene to continue regular City business.
CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed Session.
ADJOURNMENT – Adjourn the Special Closed Session meeting.
CITY COUNCIL REGULAR OPEN 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
PLEDGE OF ALLEGIANCE Mayor Amezcua
WORDS OF INSPIRATION Juan Plascencia
ADDITIONS\DELETIONS TO THE AGENDA
CEREMONIAL PRESENTATIONS
1. Certificate of Recognition presented by Mayor Amezcua to Selina Mendez for Outstanding Contributions to the Community.
2. Proclamation presented by Mayor Pro Tem Lopez and Councilmember Vazquez to Southern California Coalition for Occupational Safety & Health declaring April 28, 2023 as Workers’ Memorial Day. (Revised 4/12/23)
3. Certificates of Recognition presented by Councilmember Bacerra and Councilmember Penaloza to the 2023 Santa Ana Police Athletic & Activity League Ladybug Champions for their Exceptional Athletic Performance.
4. Certificates of Recognition presented by Councilmember Penaloza to the Santa Ana Police Department’s 2023 Distinguished Service Medal Recipient, Detective Joshua Espadas, and Uniformed Officer of the Year, Officer Dominic Dominguez.
5. Proclamation presented by Councilmember Phan to Boat People SOS Center for Community Advancement declaring April 30 as Black April.
STAFF PRESENTATIONS
6. Homelessness Update
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: 7 through 20.
7. Excused Absences
Department(s): City Clerk’s Office
Recommended Action: Excuse the absent members.
8. Minutes from the Special Closed Session and Regular Meeting of September 20, 2022 Department(s): City Clerk’s Office
Recommended Action: Approve minutes.
9. Appoint Nadin Said Nominated by Councilmember Bacerra as the Ward 4 Representative to the Police Oversight Commission for a FullTerm Expiring December 8, 2026
Department(s): City Clerk’s Office
Recommended Action: Appoint Nadin Said to the Police Oversight Commission as the Ward 4 representative and administer Oath of Office.
10. Award a Purchase Order to Siemens Industry, Inc. in the Amount of $400,000 to Automate Heating, Ventilation, and Air Conditioning (HVAC) Building Controls at the Ross Annex (Specification No. 23047) (General Fund)
Department(s): Public Works Agency
Recommended Action: Authorize a onetime purchase order and payment to Siemens Industry, Inc. for the automation of HVAC building controls on the third and fourth floors of the Ross Annex Building in the amount of $356,538, plus a contingency of $43,462 for a total amount not to exceed $400,000, subject to nonsubstantive changes approved by the City Manager and City Attorney.
11. Award Purchase Order to Matthews Specialty Vehicles, in the Amount of $439,922, for an F59 Ford Chassis Book Mobile Conversion Vehicle (Specification No. 23013) (General Fund and Cannabis Public Benefits Fund)
Department(s): Public Works Agency and Library Services Agency Recommended Action: Authorize a onetime purchase and payment to Matthews Specialty Vehicles for a 2023 F9 Ford chassis book mobile conversion, in the amount of $414,922, plus a contingency of $25,000 for a total amount not to exceed $439,922, subject to nonsubstantive changes approved by the City Manager and City Attorney.
12. Authorize a OneTime Appropriation Adjustment of $500,000 Using General Funds Balance to Increase the FY 202223 Annual Amount for Asphalt Pothole Repair by $300,000, and the Remaining $200,000 Will be Issued Through Emergency Purchase Order Procedures to Quickly Improve Service Levels For Pothole Repairs (Specification No. 18092) (General Fund)
Department(s): Public Works Agency
Recommended Action: 1. Authorize a onetime appropriation of $500,000 using General Fund balance to 01117017 Public Works Service Enhancements for FY 202223 Roadway Maintenance. (Requires five affirmative votes)
2. Approve an amendment to the Purchase Order Contract with All American Asphalt for asphalt pothole repair to increase the current term by $300,000, for a total annual amount not to exceed $1,200,000, and add one, twoyear renewal term to the purchase order exercisable by the City Manager and City Attorney, subject to non substantive changes approved by the City Manager and City Attorney.
13. Award a Construction Contract to Diamond Construction & Design in the Amount of $1,374,150 for the Kennedy Elementary and Villa Fundamental Intermediate Safe Route to School (SRTS) Project With an Estimated Project Delivery Cost of $1,659,049 (Project No. 206963, ATPSB1L5063(199) (General and NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Approve an amendment to the Fiscal Year 202223 Capital Improvement Program to include $130,000 of funding in General Fund for the Kennedy Elementary and Villa Fundamental Intermediate SRTS.
2. Authorize the reallocation of unspent Measure M2 Local Fairshare funds from various projects; $128,316 from Bike Lane Project Development, $84,733 from Traffic Safety Project Development, and $25,000 from the Jackson Elementary Improvements Project, for a total of $238,047 to the Kennedy Elementary and Villa Fundamental Intermediate SRTS Project to complete the project’s funding requirement.
3. Award a construction contract to Diamond Construction & Design, the lowest responsible bidder, in accordance with the base bid in the amount of $1,374,150, for construction of the Kennedy Elementary and Villa Fundamental Intermediate SRTS Project, for the term beginning April 18, 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.
4. Approve the Project Cost Analysis for a total estimated construction delivery cost of $1,659,049, which includes $1,374,150 for the construction contract, $147,484 for contract administration, inspection, and testing; and a $137,415 project contingency for unanticipated or unforeseen work.
5. Determine that the recommended actions are exempt from further review in accordance with the California Environmental Quality Act as Categorical Exemption Environmental Review No. ER202096 was filed for Project 206963.
14. Approve Additional Contingency Funds for an Existing Construction Contract with HYM Engineering, in the Amount of $1,198,427, for the Santa Ana Zoo Giant River Otter and Primate Trials Project with an Estimated Project Delivery Cost of $7,798,427 (Project No. 162658) (General and NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: 1. Approve an amendment to the Project Cost Analysis to recognize $1,198,427 for $1,056,880 in additional contingency funds and $141,547 in additional contract administration, inspection, and testing for a new estimated total construction delivery cost of $7,798,427. The new estimated total construction delivery costs include $5,289,238 for the construction contract, $923,385 for contract administration, inspection, testing, and a $1,585,804 project contingency for unanticipated or unforeseen work, subject to nonsubstantive changes approved by the City Manager and City Attorney.
2. Approve an amendment to the Fiscal Year 202223 Capital Improvement Program for $1,198,427.
15. Award a Construction Contract to CJW Construction, Inc. in the Amount of $4,942,135, Approve an Amendment to the Fiscal Year 202223 CIP, and Approve Amendment to the Agreement with J. Smith & T. Muli, Inc. to Increase the Contract for the Centennial Lake Circulation Renovation Project with an Estimated Total Delivery Cost of $6,179,135 (Project No. 182681) (Revive Santa Ana program) Department(s): Public Works Agency
Recommended Action: 1. Approve an amendment to the Fiscal Year 202223 Capital Improvement Program to include $1,342,240 of funding in American Rescue Plan Funds for the Centennial Lake Circulation Renovation project.
2. Award a construction contract to CJW Construction, Inc., the lowest responsive and responsible bidder, in accordance with the base bid in the amount of $4,942,135, for the construction of the Centennial Lake Circulation Renovation Project, for a term beginning April 18, 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 $6,179,135, which includes $4,942,135 for the construction contract; $742,000 for contract administration, inspection, and testing; and a $495,000 project contingency for unanticipated or unforeseen work.
4. Authorize the City Manager to execute the first amendment to the agreement with J.
Smith & T. Muli, Inc. to increase the Contract Amount by $11,500, for a total amount not to exceed $61,391, for lake engineering and construction services for the remaining term of the agreement, beginning May 20, 2022 through December 31, 2023, including up to two additional oneyear periods upon a writing executed by the City Manager and City Attorney (Agreement No. 2023XXX).
5. Determine the recommended actions are exempt for further review in accordance with the California Environmental Quality Act as Categorical Exemption Environmental Review No. ER202331 was filed for Project 182681.
16. Approve Agreements with Hillsborough Fence Company, J & A Engineering Corporation, and Quality Fence Co. Inc., for a Total Amount Not to Exceed $3,000,000, for up to a FiveYear Term for AsNeeded Installation, Maintenance, and Repair for Fencing and Gate Services (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute agreements with Hillsborough Fence Company, J & A Engineering Corporation, and Quality Fence Co.
Inc. to provide oncall installation, maintenance, and repair for fencing and gates, for a shared aggregate amount not to exceed $3,000,000 for a threeyear term beginning April 18, 2023 and expiring April 18, 2026, with provisions for two, oneyear extensions, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2023XXX).
17. Approve Agreements with AESCO, Inc., Kleinfelder, Inc., and RMA Group, Inc., for a Total Amount Not to Exceed $2,950,000, for OnCall Material Testing and Special Inspection Services (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Authorize the City Manager to execute a Caltrans federally procured agreement with AESCO, Inc., Kleinfelder, Inc., and RMA Group, Inc. to provide OnCall Material Testing and Special Inspection Services, for a shared aggregate amount not to exceed $950,000, for a term beginning April 18, 2023 and expiring July 5, 2024, with provisions for two, oneyear extensions, subject to non substantive changes approved by the City Manager and City Attorney (Agreement No. 2023XXX).
2. Authorize the City Manager to execute the first amendment to the standard agreement with AESCO, Inc., Kleinfelder, Inc., and RMA Group, Inc. to provide OnCall Material Testing and Special Inspection Services, and increase the contract amount by $1,000,000 for a total amount not to exceed $2,000,000, for the remaining term through July 5, 2024, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2023XXX).
18. Approve First Amendment to Agreement with Elite Special Events, Inc. to Increase the NottoExceed Amount by $20,000 per Year through June 30, 2023, for a Total Agreement Amount of $38,050, to Provide Event Equipment and Services at Various City Events (General Fund)
Department(s): Parks, Recreation, and Community Services Recommended Action: Authorize the City Manager to execute the first amendment to the agreement with Elite Special Events to provide event equipment and services for various City events, to increase the amount by $20,000, for a total nottoexceed amount of $38,050, through June 30, 2023, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2023XXX).
19. Historic Property Preservation Agreement
Department(s): Planning and Building Agency
Recommended Action: Authorize the City Manager or designee to execute the attached Mills Act agreement with the belowreferenced property owners for the identified structure(s), subject to nonsubstantive changes approved by the City Manager and City Attorney (includes determination that the proposed project is exempt from further review in accordance with the California Environmental Quality Act (CEQA) as the following Categorical Exemption will be filed for this project: ER No. 202310).
Property Owner(s), Historic Property Preservation Agreement No., Address/House, Vote by HRC
Brian and Krystle Newquist, 202301, 2311 N. Benton Way, 8:1:0:0 (Murashie dissented) (Agreement No. 2023XXX)
20. Adopt a Resolution to Authorize the City Manager to Accept the California Automated Permit Processing Program Grant in the Amount of $100,000 and Execute the Grant Agreement with the State of California Energy Commission, and Approve an Appropriation Adjustment Recognizing Funds
Department(s): Planning and Building Agency
Recommended Action: 1. Adopt Resolution No. 2023XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE RECEIPT OF FUNDS FROM THE CALIFORNIA ENERGY COMMISSION FOR THE CALIFORNIA AUTOMATED PERMIT PROCESSING PROGRAM(includes determination that the proposed action is exempt from further review pursuant to Section 15061(b) (3) of the California Environmental Quality Act (CEQA) and the CEQA Guidelines as there is no potential for any environmental impact).
2. Approve an appropriation adjustment recognizing the CalAPP grant funds, in the amount of $100,000, to revenue account number and appropriate same to expenditure account numbers. (Requires five affirmative votes) **END OF CONSENT CALENDAR**
BUSINESS CALENDAR
21. First Reading of an Ordinance to Amend Section 86 of the Santa Ana Municipal Code (SAMC) Pertaining to License Requirements of Contractors and Subcontractors to Include the Collection and Disclosure of Information Regarding Pending or Prior Enforcement Actions for any State or Federal Labor Violations (Revised 4/12/23)
Department(s): Planning and Building Agency
Recommended Action: Conduct a first reading of Ordinance Amendment No. 2023 02 – An ordinance of the City Council of the City of Santa Ana amending Section 86 of the Santa Ana Municipal Code (SAMC) pertaining to license requirements of contractors and subcontractors to include the collection and disclosure of information regarding pending or prior enforcement actions for any state or federal labor violations.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SANTA ANA MUNICIPAL CODE SECTION 86 RELATING TO LICENSE REQUIREMENTS OF CONTRACTORS AND SUBCONTRACTORS (includes determination that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, as there is no possibility it will have a significant effect on the environment, and it is not a “project,” as defined in Section 15378 of the CEQA Guidelines).
22. Early Direction for Fiscal Year 202324 Budget Cycle Department(s): Finance and Management Services
Recommended Action: Provide early budget direction to staff for the upcoming fiscal year.
23. Resolution Declaring the Termination of Local Emergency Regarding the COVID19 Pandemic
Department(s): City Manager’s Office
Recommended Action: Adopt Resolution No. 2023XXX
A RESOLUTION OF THE SANTA ANA CITY COUNCIL DECLARING THE TERMINATION OF THE PROCLAMATION OF A LOCAL EMERGENCY
REGARDING THE CORONAVIRUS (COVID19) PANDEMIC
24. Resolution Declaring Opposition to Assembly Bill 742 (Jackson) Department(s): City Manager’s Office
Recommended Action: Adopt Resolution No. 2023XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA OPPOSING CALIFORNIA ASSEMBLY BILL 742 (JACKSON)
**END OF BUSINESS CALENDAR**
WORK STUDY SESSION
25. Sunshine Ordinance Amendments Work Study Session
Department(s): Planning and Building Agency
Recommended Action: Discuss and provide direction to staff.
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.
1. April 12–14, 2023 Mayor Amezcua – League of California Cities City Leaders Summit in Sacramento, CA
ADJOURNMENT – Adjourn the City Council meeting.
Future Items
1. Budget – Work Study Session
City Council
5 4/18/2023
City Council Meeting Packet (Revised 4/12/23)
April 18, 2023
SPECIAL CLOSED SESSION MEETING – 4:30 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 two (2) hours before the scheduled start 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 4:30 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 4:00 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL BY 4:30 p.m.
Speakers who are not in the speaker queue by 4:30 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 4:00 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.
TRANSLATION SERVICES Spanish interpreting services are provided at City Council meetings. Simultaneous Spanish interpretation is provided through the use of headsets and consecutive interpretation (SpanishtoEnglish) in addition to those wishing to address the City Council at the podium.
La ciudad provee servicios de interpretación al español en las juntas del Concilio.
La interpretación simultánea al español se ofrece por medio del uso de audífonos y la interpretación consecutiva (español a inglés) también está disponible para cualquiera que desee dirigirse al concilio municipal en el podio.
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
ADDITIONS\DELETIONS TO CLOSED SESSION
PUBLIC COMMENTS – Members of the public may address the City Council on Closed Session items.
RECESS – City Council will recess to Closed Session for the purpose of conducting regular City business.
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. Candelario Jalomo v. City of Santa Ana, et al., Orange County Superior Court, Case No. 30201901118103CUWTCJC
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
3. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(California Government Code Section 54947(b)(1))
Title: City Manager
4. CONFERENCE WITH LABOR NEGOTIATOR
(California Government Code Section 54957.6)
Unrepresented Employee: City Manager
RECONVENE – City Council will reconvene to continue regular City business.
CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed Session.
ADJOURNMENT – Adjourn the Special Closed Session meeting.
CITY COUNCIL REGULAR OPEN 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
PLEDGE OF ALLEGIANCE Mayor Amezcua
WORDS OF INSPIRATION Juan Plascencia
ADDITIONS\DELETIONS TO THE AGENDA
CEREMONIAL PRESENTATIONS
1. Certificate of Recognition presented by Mayor Amezcua to Selina Mendez for Outstanding Contributions to the Community.
2. Proclamation presented by Mayor Pro Tem Lopez and Councilmember Vazquez to Southern California Coalition for Occupational Safety & Health declaring April 28, 2023 as Workers’ Memorial Day. (Revised 4/12/23)
3. Certificates of Recognition presented by Councilmember Bacerra and Councilmember Penaloza to the 2023 Santa Ana Police Athletic & Activity League Ladybug Champions for their Exceptional Athletic Performance.
4. Certificates of Recognition presented by Councilmember Penaloza to the Santa Ana Police Department’s 2023 Distinguished Service Medal Recipient, Detective Joshua Espadas, and Uniformed Officer of the Year, Officer Dominic Dominguez.
5. Proclamation presented by Councilmember Phan to Boat People SOS Center for Community Advancement declaring April 30 as Black April.
STAFF PRESENTATIONS
6. Homelessness Update
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: 7 through 20.
7. Excused Absences
Department(s): City Clerk’s Office
Recommended Action: Excuse the absent members.
8. Minutes from the Special Closed Session and Regular Meeting of September 20, 2022 Department(s): City Clerk’s Office
Recommended Action: Approve minutes.
9. Appoint Nadin Said Nominated by Councilmember Bacerra as the Ward 4 Representative to the Police Oversight Commission for a FullTerm Expiring December 8, 2026
Department(s): City Clerk’s Office
Recommended Action: Appoint Nadin Said to the Police Oversight Commission as the Ward 4 representative and administer Oath of Office.
10. Award a Purchase Order to Siemens Industry, Inc. in the Amount of $400,000 to Automate Heating, Ventilation, and Air Conditioning (HVAC) Building Controls at the Ross Annex (Specification No. 23047) (General Fund)
Department(s): Public Works Agency
Recommended Action: Authorize a onetime purchase order and payment to Siemens Industry, Inc. for the automation of HVAC building controls on the third and fourth floors of the Ross Annex Building in the amount of $356,538, plus a contingency of $43,462 for a total amount not to exceed $400,000, subject to nonsubstantive changes approved by the City Manager and City Attorney.
11. Award Purchase Order to Matthews Specialty Vehicles, in the Amount of $439,922, for an F59 Ford Chassis Book Mobile Conversion Vehicle (Specification No. 23013) (General Fund and Cannabis Public Benefits Fund)
Department(s): Public Works Agency and Library Services Agency Recommended Action: Authorize a onetime purchase and payment to Matthews Specialty Vehicles for a 2023 F9 Ford chassis book mobile conversion, in the amount of $414,922, plus a contingency of $25,000 for a total amount not to exceed $439,922, subject to nonsubstantive changes approved by the City Manager and City Attorney.
12. Authorize a OneTime Appropriation Adjustment of $500,000 Using General Funds Balance to Increase the FY 202223 Annual Amount for Asphalt Pothole Repair by $300,000, and the Remaining $200,000 Will be Issued Through Emergency Purchase Order Procedures to Quickly Improve Service Levels For Pothole Repairs (Specification No. 18092) (General Fund)
Department(s): Public Works Agency
Recommended Action: 1. Authorize a onetime appropriation of $500,000 using General Fund balance to 01117017 Public Works Service Enhancements for FY 202223 Roadway Maintenance. (Requires five affirmative votes)
2. Approve an amendment to the Purchase Order Contract with All American Asphalt for asphalt pothole repair to increase the current term by $300,000, for a total annual amount not to exceed $1,200,000, and add one, twoyear renewal term to the purchase order exercisable by the City Manager and City Attorney, subject to non substantive changes approved by the City Manager and City Attorney.
13. Award a Construction Contract to Diamond Construction & Design in the Amount of $1,374,150 for the Kennedy Elementary and Villa Fundamental Intermediate Safe Route to School (SRTS) Project With an Estimated Project Delivery Cost of $1,659,049 (Project No. 206963, ATPSB1L5063(199) (General and NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Approve an amendment to the Fiscal Year 202223 Capital Improvement Program to include $130,000 of funding in General Fund for the Kennedy Elementary and Villa Fundamental Intermediate SRTS.
2. Authorize the reallocation of unspent Measure M2 Local Fairshare funds from various projects; $128,316 from Bike Lane Project Development, $84,733 from Traffic Safety Project Development, and $25,000 from the Jackson Elementary Improvements Project, for a total of $238,047 to the Kennedy Elementary and Villa Fundamental Intermediate SRTS Project to complete the project’s funding requirement.
3. Award a construction contract to Diamond Construction & Design, the lowest responsible bidder, in accordance with the base bid in the amount of $1,374,150, for construction of the Kennedy Elementary and Villa Fundamental Intermediate SRTS Project, for the term beginning April 18, 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.
4. Approve the Project Cost Analysis for a total estimated construction delivery cost of $1,659,049, which includes $1,374,150 for the construction contract, $147,484 for contract administration, inspection, and testing; and a $137,415 project contingency for unanticipated or unforeseen work.
5. Determine that the recommended actions are exempt from further review in accordance with the California Environmental Quality Act as Categorical Exemption Environmental Review No. ER202096 was filed for Project 206963.
14. Approve Additional Contingency Funds for an Existing Construction Contract with HYM Engineering, in the Amount of $1,198,427, for the Santa Ana Zoo Giant River Otter and Primate Trials Project with an Estimated Project Delivery Cost of $7,798,427 (Project No. 162658) (General and NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: 1. Approve an amendment to the Project Cost Analysis to recognize $1,198,427 for $1,056,880 in additional contingency funds and $141,547 in additional contract administration, inspection, and testing for a new estimated total construction delivery cost of $7,798,427. The new estimated total construction delivery costs include $5,289,238 for the construction contract, $923,385 for contract administration, inspection, testing, and a $1,585,804 project contingency for unanticipated or unforeseen work, subject to nonsubstantive changes approved by the City Manager and City Attorney.
2. Approve an amendment to the Fiscal Year 202223 Capital Improvement Program for $1,198,427.
15. Award a Construction Contract to CJW Construction, Inc. in the Amount of $4,942,135, Approve an Amendment to the Fiscal Year 202223 CIP, and Approve Amendment to the Agreement with J. Smith & T. Muli, Inc. to Increase the Contract for the Centennial Lake Circulation Renovation Project with an Estimated Total Delivery Cost of $6,179,135 (Project No. 182681) (Revive Santa Ana program) Department(s): Public Works Agency
Recommended Action: 1. Approve an amendment to the Fiscal Year 202223 Capital Improvement Program to include $1,342,240 of funding in American Rescue Plan Funds for the Centennial Lake Circulation Renovation project.
2. Award a construction contract to CJW Construction, Inc., the lowest responsive and responsible bidder, in accordance with the base bid in the amount of $4,942,135, for the construction of the Centennial Lake Circulation Renovation Project, for a term beginning April 18, 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 $6,179,135, which includes $4,942,135 for the construction contract; $742,000 for contract administration, inspection, and testing; and a $495,000 project contingency for unanticipated or unforeseen work.
4. Authorize the City Manager to execute the first amendment to the agreement with J.
Smith & T. Muli, Inc. to increase the Contract Amount by $11,500, for a total amount not to exceed $61,391, for lake engineering and construction services for the remaining term of the agreement, beginning May 20, 2022 through December 31, 2023, including up to two additional oneyear periods upon a writing executed by the City Manager and City Attorney (Agreement No. 2023XXX).
5. Determine the recommended actions are exempt for further review in accordance with the California Environmental Quality Act as Categorical Exemption Environmental Review No. ER202331 was filed for Project 182681.
16. Approve Agreements with Hillsborough Fence Company, J & A Engineering Corporation, and Quality Fence Co. Inc., for a Total Amount Not to Exceed $3,000,000, for up to a FiveYear Term for AsNeeded Installation, Maintenance, and Repair for Fencing and Gate Services (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute agreements with Hillsborough Fence Company, J & A Engineering Corporation, and Quality Fence Co.
Inc. to provide oncall installation, maintenance, and repair for fencing and gates, for a shared aggregate amount not to exceed $3,000,000 for a threeyear term beginning April 18, 2023 and expiring April 18, 2026, with provisions for two, oneyear extensions, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2023XXX).
17. Approve Agreements with AESCO, Inc., Kleinfelder, Inc., and RMA Group, Inc., for a Total Amount Not to Exceed $2,950,000, for OnCall Material Testing and Special Inspection Services (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Authorize the City Manager to execute a Caltrans federally procured agreement with AESCO, Inc., Kleinfelder, Inc., and RMA Group, Inc. to provide OnCall Material Testing and Special Inspection Services, for a shared aggregate amount not to exceed $950,000, for a term beginning April 18, 2023 and expiring July 5, 2024, with provisions for two, oneyear extensions, subject to non substantive changes approved by the City Manager and City Attorney (Agreement No. 2023XXX).
2. Authorize the City Manager to execute the first amendment to the standard agreement with AESCO, Inc., Kleinfelder, Inc., and RMA Group, Inc. to provide OnCall Material Testing and Special Inspection Services, and increase the contract amount by $1,000,000 for a total amount not to exceed $2,000,000, for the remaining term through July 5, 2024, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2023XXX).
18. Approve First Amendment to Agreement with Elite Special Events, Inc. to Increase the NottoExceed Amount by $20,000 per Year through June 30, 2023, for a Total Agreement Amount of $38,050, to Provide Event Equipment and Services at Various City Events (General Fund)
Department(s): Parks, Recreation, and Community Services Recommended Action: Authorize the City Manager to execute the first amendment to the agreement with Elite Special Events to provide event equipment and services for various City events, to increase the amount by $20,000, for a total nottoexceed amount of $38,050, through June 30, 2023, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2023XXX).
19. Historic Property Preservation Agreement
Department(s): Planning and Building Agency
Recommended Action: Authorize the City Manager or designee to execute the attached Mills Act agreement with the belowreferenced property owners for the identified structure(s), subject to nonsubstantive changes approved by the City Manager and City Attorney (includes determination that the proposed project is exempt from further review in accordance with the California Environmental Quality Act (CEQA) as the following Categorical Exemption will be filed for this project: ER No. 202310).
Property Owner(s), Historic Property Preservation Agreement No., Address/House, Vote by HRC
Brian and Krystle Newquist, 202301, 2311 N. Benton Way, 8:1:0:0 (Murashie dissented) (Agreement No. 2023XXX)
20. Adopt a Resolution to Authorize the City Manager to Accept the California Automated Permit Processing Program Grant in the Amount of $100,000 and Execute the Grant Agreement with the State of California Energy Commission, and Approve an Appropriation Adjustment Recognizing Funds
Department(s): Planning and Building Agency
Recommended Action: 1. Adopt Resolution No. 2023XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE RECEIPT OF FUNDS FROM THE CALIFORNIA ENERGY COMMISSION FOR THE CALIFORNIA AUTOMATED PERMIT PROCESSING PROGRAM(includes determination that the proposed action is exempt from further review pursuant to Section 15061(b) (3) of the California Environmental Quality Act (CEQA) and the CEQA Guidelines as there is no potential for any environmental impact).
2. Approve an appropriation adjustment recognizing the CalAPP grant funds, in the amount of $100,000, to revenue account number and appropriate same to expenditure account numbers. (Requires five affirmative votes) **END OF CONSENT CALENDAR**
BUSINESS CALENDAR
21. First Reading of an Ordinance to Amend Section 86 of the Santa Ana Municipal Code (SAMC) Pertaining to License Requirements of Contractors and Subcontractors to Include the Collection and Disclosure of Information Regarding Pending or Prior Enforcement Actions for any State or Federal Labor Violations (Revised 4/12/23)
Department(s): Planning and Building Agency
Recommended Action: Conduct a first reading of Ordinance Amendment No. 2023 02 – An ordinance of the City Council of the City of Santa Ana amending Section 86 of the Santa Ana Municipal Code (SAMC) pertaining to license requirements of contractors and subcontractors to include the collection and disclosure of information regarding pending or prior enforcement actions for any state or federal labor violations.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SANTA ANA MUNICIPAL CODE SECTION 86 RELATING TO LICENSE REQUIREMENTS OF CONTRACTORS AND SUBCONTRACTORS (includes determination that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, as there is no possibility it will have a significant effect on the environment, and it is not a “project,” as defined in Section 15378 of the CEQA Guidelines).
22. Early Direction for Fiscal Year 202324 Budget Cycle Department(s): Finance and Management Services
Recommended Action: Provide early budget direction to staff for the upcoming fiscal year.
23. Resolution Declaring the Termination of Local Emergency Regarding the COVID19 Pandemic
Department(s): City Manager’s Office
Recommended Action: Adopt Resolution No. 2023XXX
A RESOLUTION OF THE SANTA ANA CITY COUNCIL DECLARING THE TERMINATION OF THE PROCLAMATION OF A LOCAL EMERGENCY
REGARDING THE CORONAVIRUS (COVID19) PANDEMIC
24. Resolution Declaring Opposition to Assembly Bill 742 (Jackson) Department(s): City Manager’s Office
Recommended Action: Adopt Resolution No. 2023XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA OPPOSING CALIFORNIA ASSEMBLY BILL 742 (JACKSON)
**END OF BUSINESS CALENDAR**
WORK STUDY SESSION
25. Sunshine Ordinance Amendments Work Study Session
Department(s): Planning and Building Agency
Recommended Action: Discuss and provide direction to staff.
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.
1. April 12–14, 2023 Mayor Amezcua – League of California Cities City Leaders Summit in Sacramento, CA
ADJOURNMENT – Adjourn the City Council meeting.
Future Items
1. Budget – Work Study Session
City Council
6 4/18/2023
City Council Meeting Packet (Revised 4/12/23)
April 18, 2023
SPECIAL CLOSED SESSION MEETING – 4:30 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 two (2) hours before the scheduled start 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 4:30 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 4:00 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL BY 4:30 p.m.
Speakers who are not in the speaker queue by 4:30 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 4:00 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.
TRANSLATION SERVICES Spanish interpreting services are provided at City Council meetings. Simultaneous Spanish interpretation is provided through the use of headsets and consecutive interpretation (SpanishtoEnglish) in addition to those wishing to address the City Council at the podium.
La ciudad provee servicios de interpretación al español en las juntas del Concilio.
La interpretación simultánea al español se ofrece por medio del uso de audífonos y la interpretación consecutiva (español a inglés) también está disponible para cualquiera que desee dirigirse al concilio municipal en el podio.
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
ADDITIONS\DELETIONS TO CLOSED SESSION
PUBLIC COMMENTS – Members of the public may address the City Council on Closed Session items.
RECESS – City Council will recess to Closed Session for the purpose of conducting regular City business.
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. Candelario Jalomo v. City of Santa Ana, et al., Orange County Superior Court, Case No. 30201901118103CUWTCJC
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
3. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(California Government Code Section 54947(b)(1))
Title: City Manager
4. CONFERENCE WITH LABOR NEGOTIATOR
(California Government Code Section 54957.6)
Unrepresented Employee: City Manager
RECONVENE – City Council will reconvene to continue regular City business.
CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed Session.
ADJOURNMENT – Adjourn the Special Closed Session meeting.
CITY COUNCIL REGULAR OPEN 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
PLEDGE OF ALLEGIANCE Mayor Amezcua
WORDS OF INSPIRATION Juan Plascencia
ADDITIONS\DELETIONS TO THE AGENDA
CEREMONIAL PRESENTATIONS
1. Certificate of Recognition presented by Mayor Amezcua to Selina Mendez for Outstanding Contributions to the Community.
2. Proclamation presented by Mayor Pro Tem Lopez and Councilmember Vazquez to Southern California Coalition for Occupational Safety & Health declaring April 28, 2023 as Workers’ Memorial Day. (Revised 4/12/23)
3. Certificates of Recognition presented by Councilmember Bacerra and Councilmember Penaloza to the 2023 Santa Ana Police Athletic & Activity League Ladybug Champions for their Exceptional Athletic Performance.
4. Certificates of Recognition presented by Councilmember Penaloza to the Santa Ana Police Department’s 2023 Distinguished Service Medal Recipient, Detective Joshua Espadas, and Uniformed Officer of the Year, Officer Dominic Dominguez.
5. Proclamation presented by Councilmember Phan to Boat People SOS Center for Community Advancement declaring April 30 as Black April.
STAFF PRESENTATIONS
6. Homelessness Update
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: 7 through 20.
7. Excused Absences
Department(s): City Clerk’s Office
Recommended Action: Excuse the absent members.
8. Minutes from the Special Closed Session and Regular Meeting of September 20, 2022 Department(s): City Clerk’s Office
Recommended Action: Approve minutes.
9. Appoint Nadin Said Nominated by Councilmember Bacerra as the Ward 4 Representative to the Police Oversight Commission for a FullTerm Expiring December 8, 2026
Department(s): City Clerk’s Office
Recommended Action: Appoint Nadin Said to the Police Oversight Commission as the Ward 4 representative and administer Oath of Office.
10. Award a Purchase Order to Siemens Industry, Inc. in the Amount of $400,000 to Automate Heating, Ventilation, and Air Conditioning (HVAC) Building Controls at the Ross Annex (Specification No. 23047) (General Fund)
Department(s): Public Works Agency
Recommended Action: Authorize a onetime purchase order and payment to Siemens Industry, Inc. for the automation of HVAC building controls on the third and fourth floors of the Ross Annex Building in the amount of $356,538, plus a contingency of $43,462 for a total amount not to exceed $400,000, subject to nonsubstantive changes approved by the City Manager and City Attorney.
11. Award Purchase Order to Matthews Specialty Vehicles, in the Amount of $439,922, for an F59 Ford Chassis Book Mobile Conversion Vehicle (Specification No. 23013) (General Fund and Cannabis Public Benefits Fund)
Department(s): Public Works Agency and Library Services Agency Recommended Action: Authorize a onetime purchase and payment to Matthews Specialty Vehicles for a 2023 F9 Ford chassis book mobile conversion, in the amount of $414,922, plus a contingency of $25,000 for a total amount not to exceed $439,922, subject to nonsubstantive changes approved by the City Manager and City Attorney.
12. Authorize a OneTime Appropriation Adjustment of $500,000 Using General Funds Balance to Increase the FY 202223 Annual Amount for Asphalt Pothole Repair by $300,000, and the Remaining $200,000 Will be Issued Through Emergency Purchase Order Procedures to Quickly Improve Service Levels For Pothole Repairs (Specification No. 18092) (General Fund)
Department(s): Public Works Agency
Recommended Action: 1. Authorize a onetime appropriation of $500,000 using General Fund balance to 01117017 Public Works Service Enhancements for FY 202223 Roadway Maintenance. (Requires five affirmative votes)
2. Approve an amendment to the Purchase Order Contract with All American Asphalt for asphalt pothole repair to increase the current term by $300,000, for a total annual amount not to exceed $1,200,000, and add one, twoyear renewal term to the purchase order exercisable by the City Manager and City Attorney, subject to non substantive changes approved by the City Manager and City Attorney.
13. Award a Construction Contract to Diamond Construction & Design in the Amount of $1,374,150 for the Kennedy Elementary and Villa Fundamental Intermediate Safe Route to School (SRTS) Project With an Estimated Project Delivery Cost of $1,659,049 (Project No. 206963, ATPSB1L5063(199) (General and NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Approve an amendment to the Fiscal Year 202223 Capital Improvement Program to include $130,000 of funding in General Fund for the Kennedy Elementary and Villa Fundamental Intermediate SRTS.
2. Authorize the reallocation of unspent Measure M2 Local Fairshare funds from various projects; $128,316 from Bike Lane Project Development, $84,733 from Traffic Safety Project Development, and $25,000 from the Jackson Elementary Improvements Project, for a total of $238,047 to the Kennedy Elementary and Villa Fundamental Intermediate SRTS Project to complete the project’s funding requirement.
3. Award a construction contract to Diamond Construction & Design, the lowest responsible bidder, in accordance with the base bid in the amount of $1,374,150, for construction of the Kennedy Elementary and Villa Fundamental Intermediate SRTS Project, for the term beginning April 18, 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.
4. Approve the Project Cost Analysis for a total estimated construction delivery cost of $1,659,049, which includes $1,374,150 for the construction contract, $147,484 for contract administration, inspection, and testing; and a $137,415 project contingency for unanticipated or unforeseen work.
5. Determine that the recommended actions are exempt from further review in accordance with the California Environmental Quality Act as Categorical Exemption Environmental Review No. ER202096 was filed for Project 206963.
14. Approve Additional Contingency Funds for an Existing Construction Contract with HYM Engineering, in the Amount of $1,198,427, for the Santa Ana Zoo Giant River Otter and Primate Trials Project with an Estimated Project Delivery Cost of $7,798,427 (Project No. 162658) (General and NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: 1. Approve an amendment to the Project Cost Analysis to recognize $1,198,427 for $1,056,880 in additional contingency funds and $141,547 in additional contract administration, inspection, and testing for a new estimated total construction delivery cost of $7,798,427. The new estimated total construction delivery costs include $5,289,238 for the construction contract, $923,385 for contract administration, inspection, testing, and a $1,585,804 project contingency for unanticipated or unforeseen work, subject to nonsubstantive changes approved by the City Manager and City Attorney.
2. Approve an amendment to the Fiscal Year 202223 Capital Improvement Program for $1,198,427.
15. Award a Construction Contract to CJW Construction, Inc. in the Amount of $4,942,135, Approve an Amendment to the Fiscal Year 202223 CIP, and Approve Amendment to the Agreement with J. Smith & T. Muli, Inc. to Increase the Contract for the Centennial Lake Circulation Renovation Project with an Estimated Total Delivery Cost of $6,179,135 (Project No. 182681) (Revive Santa Ana program) Department(s): Public Works Agency
Recommended Action: 1. Approve an amendment to the Fiscal Year 202223 Capital Improvement Program to include $1,342,240 of funding in American Rescue Plan Funds for the Centennial Lake Circulation Renovation project.
2. Award a construction contract to CJW Construction, Inc., the lowest responsive and responsible bidder, in accordance with the base bid in the amount of $4,942,135, for the construction of the Centennial Lake Circulation Renovation Project, for a term beginning April 18, 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 $6,179,135, which includes $4,942,135 for the construction contract; $742,000 for contract administration, inspection, and testing; and a $495,000 project contingency for unanticipated or unforeseen work.
4. Authorize the City Manager to execute the first amendment to the agreement with J.
Smith & T. Muli, Inc. to increase the Contract Amount by $11,500, for a total amount not to exceed $61,391, for lake engineering and construction services for the remaining term of the agreement, beginning May 20, 2022 through December 31, 2023, including up to two additional oneyear periods upon a writing executed by the City Manager and City Attorney (Agreement No. 2023XXX).
5. Determine the recommended actions are exempt for further review in accordance with the California Environmental Quality Act as Categorical Exemption Environmental Review No. ER202331 was filed for Project 182681.
16. Approve Agreements with Hillsborough Fence Company, J & A Engineering Corporation, and Quality Fence Co. Inc., for a Total Amount Not to Exceed $3,000,000, for up to a FiveYear Term for AsNeeded Installation, Maintenance, and Repair for Fencing and Gate Services (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute agreements with Hillsborough Fence Company, J & A Engineering Corporation, and Quality Fence Co.
Inc. to provide oncall installation, maintenance, and repair for fencing and gates, for a shared aggregate amount not to exceed $3,000,000 for a threeyear term beginning April 18, 2023 and expiring April 18, 2026, with provisions for two, oneyear extensions, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2023XXX).
17. Approve Agreements with AESCO, Inc., Kleinfelder, Inc., and RMA Group, Inc., for a Total Amount Not to Exceed $2,950,000, for OnCall Material Testing and Special Inspection Services (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Authorize the City Manager to execute a Caltrans federally procured agreement with AESCO, Inc., Kleinfelder, Inc., and RMA Group, Inc. to provide OnCall Material Testing and Special Inspection Services, for a shared aggregate amount not to exceed $950,000, for a term beginning April 18, 2023 and expiring July 5, 2024, with provisions for two, oneyear extensions, subject to non substantive changes approved by the City Manager and City Attorney (Agreement No. 2023XXX).
2. Authorize the City Manager to execute the first amendment to the standard agreement with AESCO, Inc., Kleinfelder, Inc., and RMA Group, Inc. to provide OnCall Material Testing and Special Inspection Services, and increase the contract amount by $1,000,000 for a total amount not to exceed $2,000,000, for the remaining term through July 5, 2024, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2023XXX).
18. Approve First Amendment to Agreement with Elite Special Events, Inc. to Increase the NottoExceed Amount by $20,000 per Year through June 30, 2023, for a Total Agreement Amount of $38,050, to Provide Event Equipment and Services at Various City Events (General Fund)
Department(s): Parks, Recreation, and Community Services Recommended Action: Authorize the City Manager to execute the first amendment to the agreement with Elite Special Events to provide event equipment and services for various City events, to increase the amount by $20,000, for a total nottoexceed amount of $38,050, through June 30, 2023, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2023XXX).
19. Historic Property Preservation Agreement
Department(s): Planning and Building Agency
Recommended Action: Authorize the City Manager or designee to execute the attached Mills Act agreement with the belowreferenced property owners for the identified structure(s), subject to nonsubstantive changes approved by the City Manager and City Attorney (includes determination that the proposed project is exempt from further review in accordance with the California Environmental Quality Act (CEQA) as the following Categorical Exemption will be filed for this project: ER No. 202310).
Property Owner(s), Historic Property Preservation Agreement No., Address/House, Vote by HRC
Brian and Krystle Newquist, 202301, 2311 N. Benton Way, 8:1:0:0 (Murashie dissented) (Agreement No. 2023XXX)
20. Adopt a Resolution to Authorize the City Manager to Accept the California Automated Permit Processing Program Grant in the Amount of $100,000 and Execute the Grant Agreement with the State of California Energy Commission, and Approve an Appropriation Adjustment Recognizing Funds
Department(s): Planning and Building Agency
Recommended Action: 1. Adopt Resolution No. 2023XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE RECEIPT OF FUNDS FROM THE CALIFORNIA ENERGY COMMISSION FOR THE CALIFORNIA AUTOMATED PERMIT PROCESSING PROGRAM(includes determination that the proposed action is exempt from further review pursuant to Section 15061(b) (3) of the California Environmental Quality Act (CEQA) and the CEQA Guidelines as there is no potential for any environmental impact).
2. Approve an appropriation adjustment recognizing the CalAPP grant funds, in the amount of $100,000, to revenue account number and appropriate same to expenditure account numbers. (Requires five affirmative votes) **END OF CONSENT CALENDAR**
BUSINESS CALENDAR
21. First Reading of an Ordinance to Amend Section 86 of the Santa Ana Municipal Code (SAMC) Pertaining to License Requirements of Contractors and Subcontractors to Include the Collection and Disclosure of Information Regarding Pending or Prior Enforcement Actions for any State or Federal Labor Violations (Revised 4/12/23)
Department(s): Planning and Building Agency
Recommended Action: Conduct a first reading of Ordinance Amendment No. 2023 02 – An ordinance of the City Council of the City of Santa Ana amending Section 86 of the Santa Ana Municipal Code (SAMC) pertaining to license requirements of contractors and subcontractors to include the collection and disclosure of information regarding pending or prior enforcement actions for any state or federal labor violations.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SANTA ANA MUNICIPAL CODE SECTION 86 RELATING TO LICENSE REQUIREMENTS OF CONTRACTORS AND SUBCONTRACTORS (includes determination that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, as there is no possibility it will have a significant effect on the environment, and it is not a “project,” as defined in Section 15378 of the CEQA Guidelines).
22. Early Direction for Fiscal Year 202324 Budget Cycle Department(s): Finance and Management Services
Recommended Action: Provide early budget direction to staff for the upcoming fiscal year.
23. Resolution Declaring the Termination of Local Emergency Regarding the COVID19 Pandemic
Department(s): City Manager’s Office
Recommended Action: Adopt Resolution No. 2023XXX
A RESOLUTION OF THE SANTA ANA CITY COUNCIL DECLARING THE TERMINATION OF THE PROCLAMATION OF A LOCAL EMERGENCY
REGARDING THE CORONAVIRUS (COVID19) PANDEMIC
24. Resolution Declaring Opposition to Assembly Bill 742 (Jackson) Department(s): City Manager’s Office
Recommended Action: Adopt Resolution No. 2023XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA OPPOSING CALIFORNIA ASSEMBLY BILL 742 (JACKSON)
**END OF BUSINESS CALENDAR**
WORK STUDY SESSION
25. Sunshine Ordinance Amendments Work Study Session
Department(s): Planning and Building Agency
Recommended Action: Discuss and provide direction to staff.
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.
1. April 12–14, 2023 Mayor Amezcua – League of California Cities City Leaders Summit in Sacramento, CA
ADJOURNMENT – Adjourn the City Council meeting.
Future Items
1. Budget – Work Study Session
City Council
7 4/18/2023
City Council Meeting Packet (Revised 4/12/23)
April 18, 2023
SPECIAL CLOSED SESSION MEETING – 4:30 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 two (2) hours before the scheduled start 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 4:30 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 4:00 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL BY 4:30 p.m.
Speakers who are not in the speaker queue by 4:30 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 4:00 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.
TRANSLATION SERVICES Spanish interpreting services are provided at City Council meetings. Simultaneous Spanish interpretation is provided through the use of headsets and consecutive interpretation (SpanishtoEnglish) in addition to those wishing to address the City Council at the podium.
La ciudad provee servicios de interpretación al español en las juntas del Concilio.
La interpretación simultánea al español se ofrece por medio del uso de audífonos y la interpretación consecutiva (español a inglés) también está disponible para cualquiera que desee dirigirse al concilio municipal en el podio.
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
ADDITIONS\DELETIONS TO CLOSED SESSION
PUBLIC COMMENTS – Members of the public may address the City Council on Closed Session items.
RECESS – City Council will recess to Closed Session for the purpose of conducting regular City business.
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. Candelario Jalomo v. City of Santa Ana, et al., Orange County Superior Court, Case No. 30201901118103CUWTCJC
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
3. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(California Government Code Section 54947(b)(1))
Title: City Manager
4. CONFERENCE WITH LABOR NEGOTIATOR
(California Government Code Section 54957.6)
Unrepresented Employee: City Manager
RECONVENE – City Council will reconvene to continue regular City business.
CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed Session.
ADJOURNMENT – Adjourn the Special Closed Session meeting.
CITY COUNCIL REGULAR OPEN 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
PLEDGE OF ALLEGIANCE Mayor Amezcua
WORDS OF INSPIRATION Juan Plascencia
ADDITIONS\DELETIONS TO THE AGENDA
CEREMONIAL PRESENTATIONS
1. Certificate of Recognition presented by Mayor Amezcua to Selina Mendez for Outstanding Contributions to the Community.
2. Proclamation presented by Mayor Pro Tem Lopez and Councilmember Vazquez to Southern California Coalition for Occupational Safety & Health declaring April 28, 2023 as Workers’ Memorial Day. (Revised 4/12/23)
3. Certificates of Recognition presented by Councilmember Bacerra and Councilmember Penaloza to the 2023 Santa Ana Police Athletic & Activity League Ladybug Champions for their Exceptional Athletic Performance.
4. Certificates of Recognition presented by Councilmember Penaloza to the Santa Ana Police Department’s 2023 Distinguished Service Medal Recipient, Detective Joshua Espadas, and Uniformed Officer of the Year, Officer Dominic Dominguez.
5. Proclamation presented by Councilmember Phan to Boat People SOS Center for Community Advancement declaring April 30 as Black April.
STAFF PRESENTATIONS
6. Homelessness Update
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: 7 through 20.
7. Excused Absences
Department(s): City Clerk’s Office
Recommended Action: Excuse the absent members.
8. Minutes from the Special Closed Session and Regular Meeting of September 20, 2022 Department(s): City Clerk’s Office
Recommended Action: Approve minutes.
9. Appoint Nadin Said Nominated by Councilmember Bacerra as the Ward 4 Representative to the Police Oversight Commission for a FullTerm Expiring December 8, 2026
Department(s): City Clerk’s Office
Recommended Action: Appoint Nadin Said to the Police Oversight Commission as the Ward 4 representative and administer Oath of Office.
10. Award a Purchase Order to Siemens Industry, Inc. in the Amount of $400,000 to Automate Heating, Ventilation, and Air Conditioning (HVAC) Building Controls at the Ross Annex (Specification No. 23047) (General Fund)
Department(s): Public Works Agency
Recommended Action: Authorize a onetime purchase order and payment to Siemens Industry, Inc. for the automation of HVAC building controls on the third and fourth floors of the Ross Annex Building in the amount of $356,538, plus a contingency of $43,462 for a total amount not to exceed $400,000, subject to nonsubstantive changes approved by the City Manager and City Attorney.
11. Award Purchase Order to Matthews Specialty Vehicles, in the Amount of $439,922, for an F59 Ford Chassis Book Mobile Conversion Vehicle (Specification No. 23013) (General Fund and Cannabis Public Benefits Fund)
Department(s): Public Works Agency and Library Services Agency Recommended Action: Authorize a onetime purchase and payment to Matthews Specialty Vehicles for a 2023 F9 Ford chassis book mobile conversion, in the amount of $414,922, plus a contingency of $25,000 for a total amount not to exceed $439,922, subject to nonsubstantive changes approved by the City Manager and City Attorney.
12. Authorize a OneTime Appropriation Adjustment of $500,000 Using General Funds Balance to Increase the FY 202223 Annual Amount for Asphalt Pothole Repair by $300,000, and the Remaining $200,000 Will be Issued Through Emergency Purchase Order Procedures to Quickly Improve Service Levels For Pothole Repairs (Specification No. 18092) (General Fund)
Department(s): Public Works Agency
Recommended Action: 1. Authorize a onetime appropriation of $500,000 using General Fund balance to 01117017 Public Works Service Enhancements for FY 202223 Roadway Maintenance. (Requires five affirmative votes)
2. Approve an amendment to the Purchase Order Contract with All American Asphalt for asphalt pothole repair to increase the current term by $300,000, for a total annual amount not to exceed $1,200,000, and add one, twoyear renewal term to the purchase order exercisable by the City Manager and City Attorney, subject to non substantive changes approved by the City Manager and City Attorney.
13. Award a Construction Contract to Diamond Construction & Design in the Amount of $1,374,150 for the Kennedy Elementary and Villa Fundamental Intermediate Safe Route to School (SRTS) Project With an Estimated Project Delivery Cost of $1,659,049 (Project No. 206963, ATPSB1L5063(199) (General and NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Approve an amendment to the Fiscal Year 202223 Capital Improvement Program to include $130,000 of funding in General Fund for the Kennedy Elementary and Villa Fundamental Intermediate SRTS.
2. Authorize the reallocation of unspent Measure M2 Local Fairshare funds from various projects; $128,316 from Bike Lane Project Development, $84,733 from Traffic Safety Project Development, and $25,000 from the Jackson Elementary Improvements Project, for a total of $238,047 to the Kennedy Elementary and Villa Fundamental Intermediate SRTS Project to complete the project’s funding requirement.
3. Award a construction contract to Diamond Construction & Design, the lowest responsible bidder, in accordance with the base bid in the amount of $1,374,150, for construction of the Kennedy Elementary and Villa Fundamental Intermediate SRTS Project, for the term beginning April 18, 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.
4. Approve the Project Cost Analysis for a total estimated construction delivery cost of $1,659,049, which includes $1,374,150 for the construction contract, $147,484 for contract administration, inspection, and testing; and a $137,415 project contingency for unanticipated or unforeseen work.
5. Determine that the recommended actions are exempt from further review in accordance with the California Environmental Quality Act as Categorical Exemption Environmental Review No. ER202096 was filed for Project 206963.
14. Approve Additional Contingency Funds for an Existing Construction Contract with HYM Engineering, in the Amount of $1,198,427, for the Santa Ana Zoo Giant River Otter and Primate Trials Project with an Estimated Project Delivery Cost of $7,798,427 (Project No. 162658) (General and NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: 1. Approve an amendment to the Project Cost Analysis to recognize $1,198,427 for $1,056,880 in additional contingency funds and $141,547 in additional contract administration, inspection, and testing for a new estimated total construction delivery cost of $7,798,427. The new estimated total construction delivery costs include $5,289,238 for the construction contract, $923,385 for contract administration, inspection, testing, and a $1,585,804 project contingency for unanticipated or unforeseen work, subject to nonsubstantive changes approved by the City Manager and City Attorney.
2. Approve an amendment to the Fiscal Year 202223 Capital Improvement Program for $1,198,427.
15. Award a Construction Contract to CJW Construction, Inc. in the Amount of $4,942,135, Approve an Amendment to the Fiscal Year 202223 CIP, and Approve Amendment to the Agreement with J. Smith & T. Muli, Inc. to Increase the Contract for the Centennial Lake Circulation Renovation Project with an Estimated Total Delivery Cost of $6,179,135 (Project No. 182681) (Revive Santa Ana program) Department(s): Public Works Agency
Recommended Action: 1. Approve an amendment to the Fiscal Year 202223 Capital Improvement Program to include $1,342,240 of funding in American Rescue Plan Funds for the Centennial Lake Circulation Renovation project.
2. Award a construction contract to CJW Construction, Inc., the lowest responsive and responsible bidder, in accordance with the base bid in the amount of $4,942,135, for the construction of the Centennial Lake Circulation Renovation Project, for a term beginning April 18, 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 $6,179,135, which includes $4,942,135 for the construction contract; $742,000 for contract administration, inspection, and testing; and a $495,000 project contingency for unanticipated or unforeseen work.
4. Authorize the City Manager to execute the first amendment to the agreement with J.
Smith & T. Muli, Inc. to increase the Contract Amount by $11,500, for a total amount not to exceed $61,391, for lake engineering and construction services for the remaining term of the agreement, beginning May 20, 2022 through December 31, 2023, including up to two additional oneyear periods upon a writing executed by the City Manager and City Attorney (Agreement No. 2023XXX).
5. Determine the recommended actions are exempt for further review in accordance with the California Environmental Quality Act as Categorical Exemption Environmental Review No. ER202331 was filed for Project 182681.
16. Approve Agreements with Hillsborough Fence Company, J & A Engineering Corporation, and Quality Fence Co. Inc., for a Total Amount Not to Exceed $3,000,000, for up to a FiveYear Term for AsNeeded Installation, Maintenance, and Repair for Fencing and Gate Services (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute agreements with Hillsborough Fence Company, J & A Engineering Corporation, and Quality Fence Co.
Inc. to provide oncall installation, maintenance, and repair for fencing and gates, for a shared aggregate amount not to exceed $3,000,000 for a threeyear term beginning April 18, 2023 and expiring April 18, 2026, with provisions for two, oneyear extensions, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2023XXX).
17. Approve Agreements with AESCO, Inc., Kleinfelder, Inc., and RMA Group, Inc., for a Total Amount Not to Exceed $2,950,000, for OnCall Material Testing and Special Inspection Services (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Authorize the City Manager to execute a Caltrans federally procured agreement with AESCO, Inc., Kleinfelder, Inc., and RMA Group, Inc. to provide OnCall Material Testing and Special Inspection Services, for a shared aggregate amount not to exceed $950,000, for a term beginning April 18, 2023 and expiring July 5, 2024, with provisions for two, oneyear extensions, subject to non substantive changes approved by the City Manager and City Attorney (Agreement No. 2023XXX).
2. Authorize the City Manager to execute the first amendment to the standard agreement with AESCO, Inc., Kleinfelder, Inc., and RMA Group, Inc. to provide OnCall Material Testing and Special Inspection Services, and increase the contract amount by $1,000,000 for a total amount not to exceed $2,000,000, for the remaining term through July 5, 2024, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2023XXX).
18. Approve First Amendment to Agreement with Elite Special Events, Inc. to Increase the NottoExceed Amount by $20,000 per Year through June 30, 2023, for a Total Agreement Amount of $38,050, to Provide Event Equipment and Services at Various City Events (General Fund)
Department(s): Parks, Recreation, and Community Services Recommended Action: Authorize the City Manager to execute the first amendment to the agreement with Elite Special Events to provide event equipment and services for various City events, to increase the amount by $20,000, for a total nottoexceed amount of $38,050, through June 30, 2023, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2023XXX).
19. Historic Property Preservation Agreement
Department(s): Planning and Building Agency
Recommended Action: Authorize the City Manager or designee to execute the attached Mills Act agreement with the belowreferenced property owners for the identified structure(s), subject to nonsubstantive changes approved by the City Manager and City Attorney (includes determination that the proposed project is exempt from further review in accordance with the California Environmental Quality Act (CEQA) as the following Categorical Exemption will be filed for this project: ER No. 202310).
Property Owner(s), Historic Property Preservation Agreement No., Address/House, Vote by HRC
Brian and Krystle Newquist, 202301, 2311 N. Benton Way, 8:1:0:0 (Murashie dissented) (Agreement No. 2023XXX)
20. Adopt a Resolution to Authorize the City Manager to Accept the California Automated Permit Processing Program Grant in the Amount of $100,000 and Execute the Grant Agreement with the State of California Energy Commission, and Approve an Appropriation Adjustment Recognizing Funds
Department(s): Planning and Building Agency
Recommended Action: 1. Adopt Resolution No. 2023XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE RECEIPT OF FUNDS FROM THE CALIFORNIA ENERGY COMMISSION FOR THE CALIFORNIA AUTOMATED PERMIT PROCESSING PROGRAM(includes determination that the proposed action is exempt from further review pursuant to Section 15061(b) (3) of the California Environmental Quality Act (CEQA) and the CEQA Guidelines as there is no potential for any environmental impact).
2. Approve an appropriation adjustment recognizing the CalAPP grant funds, in the amount of $100,000, to revenue account number and appropriate same to expenditure account numbers. (Requires five affirmative votes) **END OF CONSENT CALENDAR**
BUSINESS CALENDAR
21. First Reading of an Ordinance to Amend Section 86 of the Santa Ana Municipal Code (SAMC) Pertaining to License Requirements of Contractors and Subcontractors to Include the Collection and Disclosure of Information Regarding Pending or Prior Enforcement Actions for any State or Federal Labor Violations (Revised 4/12/23)
Department(s): Planning and Building Agency
Recommended Action: Conduct a first reading of Ordinance Amendment No. 2023 02 – An ordinance of the City Council of the City of Santa Ana amending Section 86 of the Santa Ana Municipal Code (SAMC) pertaining to license requirements of contractors and subcontractors to include the collection and disclosure of information regarding pending or prior enforcement actions for any state or federal labor violations.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SANTA ANA MUNICIPAL CODE SECTION 86 RELATING TO LICENSE REQUIREMENTS OF CONTRACTORS AND SUBCONTRACTORS (includes determination that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, as there is no possibility it will have a significant effect on the environment, and it is not a “project,” as defined in Section 15378 of the CEQA Guidelines).
22. Early Direction for Fiscal Year 202324 Budget Cycle Department(s): Finance and Management Services
Recommended Action: Provide early budget direction to staff for the upcoming fiscal year.
23. Resolution Declaring the Termination of Local Emergency Regarding the COVID19 Pandemic
Department(s): City Manager’s Office
Recommended Action: Adopt Resolution No. 2023XXX
A RESOLUTION OF THE SANTA ANA CITY COUNCIL DECLARING THE TERMINATION OF THE PROCLAMATION OF A LOCAL EMERGENCY
REGARDING THE CORONAVIRUS (COVID19) PANDEMIC
24. Resolution Declaring Opposition to Assembly Bill 742 (Jackson) Department(s): City Manager’s Office
Recommended Action: Adopt Resolution No. 2023XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA OPPOSING CALIFORNIA ASSEMBLY BILL 742 (JACKSON)
**END OF BUSINESS CALENDAR**
WORK STUDY SESSION
25. Sunshine Ordinance Amendments Work Study Session
Department(s): Planning and Building Agency
Recommended Action: Discuss and provide direction to staff.
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.
1. April 12–14, 2023 Mayor Amezcua – League of California Cities City Leaders Summit in Sacramento, CA
ADJOURNMENT – Adjourn the City Council meeting.
Future Items
1. Budget – Work Study Session
City Council
8 4/18/2023
City Council Meeting Packet (Revised 4/12/23)
April 18, 2023
SPECIAL CLOSED SESSION MEETING – 4:30 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 two (2) hours before the scheduled start 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 4:30 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 4:00 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL BY 4:30 p.m.
Speakers who are not in the speaker queue by 4:30 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 4:00 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.
TRANSLATION SERVICES Spanish interpreting services are provided at City Council meetings. Simultaneous Spanish interpretation is provided through the use of headsets and consecutive interpretation (SpanishtoEnglish) in addition to those wishing to address the City Council at the podium.
La ciudad provee servicios de interpretación al español en las juntas del Concilio.
La interpretación simultánea al español se ofrece por medio del uso de audífonos y la interpretación consecutiva (español a inglés) también está disponible para cualquiera que desee dirigirse al concilio municipal en el podio.
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
ADDITIONS\DELETIONS TO CLOSED SESSION
PUBLIC COMMENTS – Members of the public may address the City Council on Closed Session items.
RECESS – City Council will recess to Closed Session for the purpose of conducting regular City business.
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. Candelario Jalomo v. City of Santa Ana, et al., Orange County Superior Court, Case No. 30201901118103CUWTCJC
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
3. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(California Government Code Section 54947(b)(1))
Title: City Manager
4. CONFERENCE WITH LABOR NEGOTIATOR
(California Government Code Section 54957.6)
Unrepresented Employee: City Manager
RECONVENE – City Council will reconvene to continue regular City business.
CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed Session.
ADJOURNMENT – Adjourn the Special Closed Session meeting.
CITY COUNCIL REGULAR OPEN 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
PLEDGE OF ALLEGIANCE Mayor Amezcua
WORDS OF INSPIRATION Juan Plascencia
ADDITIONS\DELETIONS TO THE AGENDA
CEREMONIAL PRESENTATIONS
1. Certificate of Recognition presented by Mayor Amezcua to Selina Mendez for Outstanding Contributions to the Community.
2. Proclamation presented by Mayor Pro Tem Lopez and Councilmember Vazquez to Southern California Coalition for Occupational Safety & Health declaring April 28, 2023 as Workers’ Memorial Day. (Revised 4/12/23)
3. Certificates of Recognition presented by Councilmember Bacerra and Councilmember Penaloza to the 2023 Santa Ana Police Athletic & Activity League Ladybug Champions for their Exceptional Athletic Performance.
4. Certificates of Recognition presented by Councilmember Penaloza to the Santa Ana Police Department’s 2023 Distinguished Service Medal Recipient, Detective Joshua Espadas, and Uniformed Officer of the Year, Officer Dominic Dominguez.
5. Proclamation presented by Councilmember Phan to Boat People SOS Center for Community Advancement declaring April 30 as Black April.
STAFF PRESENTATIONS
6. Homelessness Update
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: 7 through 20.
7. Excused Absences
Department(s): City Clerk’s Office
Recommended Action: Excuse the absent members.
8. Minutes from the Special Closed Session and Regular Meeting of September 20, 2022 Department(s): City Clerk’s Office
Recommended Action: Approve minutes.
9. Appoint Nadin Said Nominated by Councilmember Bacerra as the Ward 4 Representative to the Police Oversight Commission for a FullTerm Expiring December 8, 2026
Department(s): City Clerk’s Office
Recommended Action: Appoint Nadin Said to the Police Oversight Commission as the Ward 4 representative and administer Oath of Office.
10. Award a Purchase Order to Siemens Industry, Inc. in the Amount of $400,000 to Automate Heating, Ventilation, and Air Conditioning (HVAC) Building Controls at the Ross Annex (Specification No. 23047) (General Fund)
Department(s): Public Works Agency
Recommended Action: Authorize a onetime purchase order and payment to Siemens Industry, Inc. for the automation of HVAC building controls on the third and fourth floors of the Ross Annex Building in the amount of $356,538, plus a contingency of $43,462 for a total amount not to exceed $400,000, subject to nonsubstantive changes approved by the City Manager and City Attorney.
11. Award Purchase Order to Matthews Specialty Vehicles, in the Amount of $439,922, for an F59 Ford Chassis Book Mobile Conversion Vehicle (Specification No. 23013) (General Fund and Cannabis Public Benefits Fund)
Department(s): Public Works Agency and Library Services Agency Recommended Action: Authorize a onetime purchase and payment to Matthews Specialty Vehicles for a 2023 F9 Ford chassis book mobile conversion, in the amount of $414,922, plus a contingency of $25,000 for a total amount not to exceed $439,922, subject to nonsubstantive changes approved by the City Manager and City Attorney.
12. Authorize a OneTime Appropriation Adjustment of $500,000 Using General Funds Balance to Increase the FY 202223 Annual Amount for Asphalt Pothole Repair by $300,000, and the Remaining $200,000 Will be Issued Through Emergency Purchase Order Procedures to Quickly Improve Service Levels For Pothole Repairs (Specification No. 18092) (General Fund)
Department(s): Public Works Agency
Recommended Action: 1. Authorize a onetime appropriation of $500,000 using General Fund balance to 01117017 Public Works Service Enhancements for FY 202223 Roadway Maintenance. (Requires five affirmative votes)
2. Approve an amendment to the Purchase Order Contract with All American Asphalt for asphalt pothole repair to increase the current term by $300,000, for a total annual amount not to exceed $1,200,000, and add one, twoyear renewal term to the purchase order exercisable by the City Manager and City Attorney, subject to non substantive changes approved by the City Manager and City Attorney.
13. Award a Construction Contract to Diamond Construction & Design in the Amount of $1,374,150 for the Kennedy Elementary and Villa Fundamental Intermediate Safe Route to School (SRTS) Project With an Estimated Project Delivery Cost of $1,659,049 (Project No. 206963, ATPSB1L5063(199) (General and NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Approve an amendment to the Fiscal Year 202223 Capital Improvement Program to include $130,000 of funding in General Fund for the Kennedy Elementary and Villa Fundamental Intermediate SRTS.
2. Authorize the reallocation of unspent Measure M2 Local Fairshare funds from various projects; $128,316 from Bike Lane Project Development, $84,733 from Traffic Safety Project Development, and $25,000 from the Jackson Elementary Improvements Project, for a total of $238,047 to the Kennedy Elementary and Villa Fundamental Intermediate SRTS Project to complete the project’s funding requirement.
3. Award a construction contract to Diamond Construction & Design, the lowest responsible bidder, in accordance with the base bid in the amount of $1,374,150, for construction of the Kennedy Elementary and Villa Fundamental Intermediate SRTS Project, for the term beginning April 18, 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.
4. Approve the Project Cost Analysis for a total estimated construction delivery cost of $1,659,049, which includes $1,374,150 for the construction contract, $147,484 for contract administration, inspection, and testing; and a $137,415 project contingency for unanticipated or unforeseen work.
5. Determine that the recommended actions are exempt from further review in accordance with the California Environmental Quality Act as Categorical Exemption Environmental Review No. ER202096 was filed for Project 206963.
14. Approve Additional Contingency Funds for an Existing Construction Contract with HYM Engineering, in the Amount of $1,198,427, for the Santa Ana Zoo Giant River Otter and Primate Trials Project with an Estimated Project Delivery Cost of $7,798,427 (Project No. 162658) (General and NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: 1. Approve an amendment to the Project Cost Analysis to recognize $1,198,427 for $1,056,880 in additional contingency funds and $141,547 in additional contract administration, inspection, and testing for a new estimated total construction delivery cost of $7,798,427. The new estimated total construction delivery costs include $5,289,238 for the construction contract, $923,385 for contract administration, inspection, testing, and a $1,585,804 project contingency for unanticipated or unforeseen work, subject to nonsubstantive changes approved by the City Manager and City Attorney.
2. Approve an amendment to the Fiscal Year 202223 Capital Improvement Program for $1,198,427.
15. Award a Construction Contract to CJW Construction, Inc. in the Amount of $4,942,135, Approve an Amendment to the Fiscal Year 202223 CIP, and Approve Amendment to the Agreement with J. Smith & T. Muli, Inc. to Increase the Contract for the Centennial Lake Circulation Renovation Project with an Estimated Total Delivery Cost of $6,179,135 (Project No. 182681) (Revive Santa Ana program) Department(s): Public Works Agency
Recommended Action: 1. Approve an amendment to the Fiscal Year 202223 Capital Improvement Program to include $1,342,240 of funding in American Rescue Plan Funds for the Centennial Lake Circulation Renovation project.
2. Award a construction contract to CJW Construction, Inc., the lowest responsive and responsible bidder, in accordance with the base bid in the amount of $4,942,135, for the construction of the Centennial Lake Circulation Renovation Project, for a term beginning April 18, 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 $6,179,135, which includes $4,942,135 for the construction contract; $742,000 for contract administration, inspection, and testing; and a $495,000 project contingency for unanticipated or unforeseen work.
4. Authorize the City Manager to execute the first amendment to the agreement with J.
Smith & T. Muli, Inc. to increase the Contract Amount by $11,500, for a total amount not to exceed $61,391, for lake engineering and construction services for the remaining term of the agreement, beginning May 20, 2022 through December 31, 2023, including up to two additional oneyear periods upon a writing executed by the City Manager and City Attorney (Agreement No. 2023XXX).
5. Determine the recommended actions are exempt for further review in accordance with the California Environmental Quality Act as Categorical Exemption Environmental Review No. ER202331 was filed for Project 182681.
16. Approve Agreements with Hillsborough Fence Company, J & A Engineering Corporation, and Quality Fence Co. Inc., for a Total Amount Not to Exceed $3,000,000, for up to a FiveYear Term for AsNeeded Installation, Maintenance, and Repair for Fencing and Gate Services (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute agreements with Hillsborough Fence Company, J & A Engineering Corporation, and Quality Fence Co.
Inc. to provide oncall installation, maintenance, and repair for fencing and gates, for a shared aggregate amount not to exceed $3,000,000 for a threeyear term beginning April 18, 2023 and expiring April 18, 2026, with provisions for two, oneyear extensions, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2023XXX).
17. Approve Agreements with AESCO, Inc., Kleinfelder, Inc., and RMA Group, Inc., for a Total Amount Not to Exceed $2,950,000, for OnCall Material Testing and Special Inspection Services (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Authorize the City Manager to execute a Caltrans federally procured agreement with AESCO, Inc., Kleinfelder, Inc., and RMA Group, Inc. to provide OnCall Material Testing and Special Inspection Services, for a shared aggregate amount not to exceed $950,000, for a term beginning April 18, 2023 and expiring July 5, 2024, with provisions for two, oneyear extensions, subject to non substantive changes approved by the City Manager and City Attorney (Agreement No. 2023XXX).
2. Authorize the City Manager to execute the first amendment to the standard agreement with AESCO, Inc., Kleinfelder, Inc., and RMA Group, Inc. to provide OnCall Material Testing and Special Inspection Services, and increase the contract amount by $1,000,000 for a total amount not to exceed $2,000,000, for the remaining term through July 5, 2024, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2023XXX).
18. Approve First Amendment to Agreement with Elite Special Events, Inc. to Increase the NottoExceed Amount by $20,000 per Year through June 30, 2023, for a Total Agreement Amount of $38,050, to Provide Event Equipment and Services at Various City Events (General Fund)
Department(s): Parks, Recreation, and Community Services Recommended Action: Authorize the City Manager to execute the first amendment to the agreement with Elite Special Events to provide event equipment and services for various City events, to increase the amount by $20,000, for a total nottoexceed amount of $38,050, through June 30, 2023, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2023XXX).
19. Historic Property Preservation Agreement
Department(s): Planning and Building Agency
Recommended Action: Authorize the City Manager or designee to execute the attached Mills Act agreement with the belowreferenced property owners for the identified structure(s), subject to nonsubstantive changes approved by the City Manager and City Attorney (includes determination that the proposed project is exempt from further review in accordance with the California Environmental Quality Act (CEQA) as the following Categorical Exemption will be filed for this project: ER No. 202310).
Property Owner(s), Historic Property Preservation Agreement No., Address/House, Vote by HRC
Brian and Krystle Newquist, 202301, 2311 N. Benton Way, 8:1:0:0 (Murashie dissented) (Agreement No. 2023XXX)
20. Adopt a Resolution to Authorize the City Manager to Accept the California Automated Permit Processing Program Grant in the Amount of $100,000 and Execute the Grant Agreement with the State of California Energy Commission, and Approve an Appropriation Adjustment Recognizing Funds
Department(s): Planning and Building Agency
Recommended Action: 1. Adopt Resolution No. 2023XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE RECEIPT OF FUNDS FROM THE CALIFORNIA ENERGY COMMISSION FOR THE CALIFORNIA AUTOMATED PERMIT PROCESSING PROGRAM(includes determination that the proposed action is exempt from further review pursuant to Section 15061(b) (3) of the California Environmental Quality Act (CEQA) and the CEQA Guidelines as there is no potential for any environmental impact).
2. Approve an appropriation adjustment recognizing the CalAPP grant funds, in the amount of $100,000, to revenue account number and appropriate same to expenditure account numbers. (Requires five affirmative votes) **END OF CONSENT CALENDAR**
BUSINESS CALENDAR
21. First Reading of an Ordinance to Amend Section 86 of the Santa Ana Municipal Code (SAMC) Pertaining to License Requirements of Contractors and Subcontractors to Include the Collection and Disclosure of Information Regarding Pending or Prior Enforcement Actions for any State or Federal Labor Violations (Revised 4/12/23)
Department(s): Planning and Building Agency
Recommended Action: Conduct a first reading of Ordinance Amendment No. 2023 02 – An ordinance of the City Council of the City of Santa Ana amending Section 86 of the Santa Ana Municipal Code (SAMC) pertaining to license requirements of contractors and subcontractors to include the collection and disclosure of information regarding pending or prior enforcement actions for any state or federal labor violations.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SANTA ANA MUNICIPAL CODE SECTION 86 RELATING TO LICENSE REQUIREMENTS OF CONTRACTORS AND SUBCONTRACTORS (includes determination that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, as there is no possibility it will have a significant effect on the environment, and it is not a “project,” as defined in Section 15378 of the CEQA Guidelines).
22. Early Direction for Fiscal Year 202324 Budget Cycle Department(s): Finance and Management Services
Recommended Action: Provide early budget direction to staff for the upcoming fiscal year.
23. Resolution Declaring the Termination of Local Emergency Regarding the COVID19 Pandemic
Department(s): City Manager’s Office
Recommended Action: Adopt Resolution No. 2023XXX
A RESOLUTION OF THE SANTA ANA CITY COUNCIL DECLARING THE TERMINATION OF THE PROCLAMATION OF A LOCAL EMERGENCY
REGARDING THE CORONAVIRUS (COVID19) PANDEMIC
24. Resolution Declaring Opposition to Assembly Bill 742 (Jackson) Department(s): City Manager’s Office
Recommended Action: Adopt Resolution No. 2023XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA OPPOSING CALIFORNIA ASSEMBLY BILL 742 (JACKSON)
**END OF BUSINESS CALENDAR**
WORK STUDY SESSION
25. Sunshine Ordinance Amendments Work Study Session
Department(s): Planning and Building Agency
Recommended Action: Discuss and provide direction to staff.
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.
1. April 12–14, 2023 Mayor Amezcua – League of California Cities City Leaders Summit in Sacramento, CA
ADJOURNMENT – Adjourn the City Council meeting.
Future Items
1. Budget – Work Study Session
City Council
9 4/18/2023
City Council Meeting Packet (Revised 4/12/23)
April 18, 2023
SPECIAL CLOSED SESSION MEETING – 4:30 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 two (2) hours before the scheduled start 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 4:30 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 4:00 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL BY 4:30 p.m.
Speakers who are not in the speaker queue by 4:30 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 4:00 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.
TRANSLATION SERVICES Spanish interpreting services are provided at City Council meetings. Simultaneous Spanish interpretation is provided through the use of headsets and consecutive interpretation (SpanishtoEnglish) in addition to those wishing to address the City Council at the podium.
La ciudad provee servicios de interpretación al español en las juntas del Concilio.
La interpretación simultánea al español se ofrece por medio del uso de audífonos y la interpretación consecutiva (español a inglés) también está disponible para cualquiera que desee dirigirse al concilio municipal en el podio.
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
ADDITIONS\DELETIONS TO CLOSED SESSION
PUBLIC COMMENTS – Members of the public may address the City Council on Closed Session items.
RECESS – City Council will recess to Closed Session for the purpose of conducting regular City business.
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. Candelario Jalomo v. City of Santa Ana, et al., Orange County Superior Court, Case No. 30201901118103CUWTCJC
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
3. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(California Government Code Section 54947(b)(1))
Title: City Manager
4. CONFERENCE WITH LABOR NEGOTIATOR
(California Government Code Section 54957.6)
Unrepresented Employee: City Manager
RECONVENE – City Council will reconvene to continue regular City business.
CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed Session.
ADJOURNMENT – Adjourn the Special Closed Session meeting.
CITY COUNCIL REGULAR OPEN 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
PLEDGE OF ALLEGIANCE Mayor Amezcua
WORDS OF INSPIRATION Juan Plascencia
ADDITIONS\DELETIONS TO THE AGENDA
CEREMONIAL PRESENTATIONS
1. Certificate of Recognition presented by Mayor Amezcua to Selina Mendez for Outstanding Contributions to the Community.
2. Proclamation presented by Mayor Pro Tem Lopez and Councilmember Vazquez to Southern California Coalition for Occupational Safety & Health declaring April 28, 2023 as Workers’ Memorial Day. (Revised 4/12/23)
3. Certificates of Recognition presented by Councilmember Bacerra and Councilmember Penaloza to the 2023 Santa Ana Police Athletic & Activity League Ladybug Champions for their Exceptional Athletic Performance.
4. Certificates of Recognition presented by Councilmember Penaloza to the Santa Ana Police Department’s 2023 Distinguished Service Medal Recipient, Detective Joshua Espadas, and Uniformed Officer of the Year, Officer Dominic Dominguez.
5. Proclamation presented by Councilmember Phan to Boat People SOS Center for Community Advancement declaring April 30 as Black April.
STAFF PRESENTATIONS
6. Homelessness Update
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: 7 through 20.
7. Excused Absences
Department(s): City Clerk’s Office
Recommended Action: Excuse the absent members.
8. Minutes from the Special Closed Session and Regular Meeting of September 20, 2022 Department(s): City Clerk’s Office
Recommended Action: Approve minutes.
9. Appoint Nadin Said Nominated by Councilmember Bacerra as the Ward 4 Representative to the Police Oversight Commission for a FullTerm Expiring December 8, 2026
Department(s): City Clerk’s Office
Recommended Action: Appoint Nadin Said to the Police Oversight Commission as the Ward 4 representative and administer Oath of Office.
10. Award a Purchase Order to Siemens Industry, Inc. in the Amount of $400,000 to Automate Heating, Ventilation, and Air Conditioning (HVAC) Building Controls at the Ross Annex (Specification No. 23047) (General Fund)
Department(s): Public Works Agency
Recommended Action: Authorize a onetime purchase order and payment to Siemens Industry, Inc. for the automation of HVAC building controls on the third and fourth floors of the Ross Annex Building in the amount of $356,538, plus a contingency of $43,462 for a total amount not to exceed $400,000, subject to nonsubstantive changes approved by the City Manager and City Attorney.
11. Award Purchase Order to Matthews Specialty Vehicles, in the Amount of $439,922, for an F59 Ford Chassis Book Mobile Conversion Vehicle (Specification No. 23013) (General Fund and Cannabis Public Benefits Fund)
Department(s): Public Works Agency and Library Services Agency Recommended Action: Authorize a onetime purchase and payment to Matthews Specialty Vehicles for a 2023 F9 Ford chassis book mobile conversion, in the amount of $414,922, plus a contingency of $25,000 for a total amount not to exceed $439,922, subject to nonsubstantive changes approved by the City Manager and City Attorney.
12. Authorize a OneTime Appropriation Adjustment of $500,000 Using General Funds Balance to Increase the FY 202223 Annual Amount for Asphalt Pothole Repair by $300,000, and the Remaining $200,000 Will be Issued Through Emergency Purchase Order Procedures to Quickly Improve Service Levels For Pothole Repairs (Specification No. 18092) (General Fund)
Department(s): Public Works Agency
Recommended Action: 1. Authorize a onetime appropriation of $500,000 using General Fund balance to 01117017 Public Works Service Enhancements for FY 202223 Roadway Maintenance. (Requires five affirmative votes)
2. Approve an amendment to the Purchase Order Contract with All American Asphalt for asphalt pothole repair to increase the current term by $300,000, for a total annual amount not to exceed $1,200,000, and add one, twoyear renewal term to the purchase order exercisable by the City Manager and City Attorney, subject to non substantive changes approved by the City Manager and City Attorney.
13. Award a Construction Contract to Diamond Construction & Design in the Amount of $1,374,150 for the Kennedy Elementary and Villa Fundamental Intermediate Safe Route to School (SRTS) Project With an Estimated Project Delivery Cost of $1,659,049 (Project No. 206963, ATPSB1L5063(199) (General and NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Approve an amendment to the Fiscal Year 202223 Capital Improvement Program to include $130,000 of funding in General Fund for the Kennedy Elementary and Villa Fundamental Intermediate SRTS.
2. Authorize the reallocation of unspent Measure M2 Local Fairshare funds from various projects; $128,316 from Bike Lane Project Development, $84,733 from Traffic Safety Project Development, and $25,000 from the Jackson Elementary Improvements Project, for a total of $238,047 to the Kennedy Elementary and Villa Fundamental Intermediate SRTS Project to complete the project’s funding requirement.
3. Award a construction contract to Diamond Construction & Design, the lowest responsible bidder, in accordance with the base bid in the amount of $1,374,150, for construction of the Kennedy Elementary and Villa Fundamental Intermediate SRTS Project, for the term beginning April 18, 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.
4. Approve the Project Cost Analysis for a total estimated construction delivery cost of $1,659,049, which includes $1,374,150 for the construction contract, $147,484 for contract administration, inspection, and testing; and a $137,415 project contingency for unanticipated or unforeseen work.
5. Determine that the recommended actions are exempt from further review in accordance with the California Environmental Quality Act as Categorical Exemption Environmental Review No. ER202096 was filed for Project 206963.
14. Approve Additional Contingency Funds for an Existing Construction Contract with HYM Engineering, in the Amount of $1,198,427, for the Santa Ana Zoo Giant River Otter and Primate Trials Project with an Estimated Project Delivery Cost of $7,798,427 (Project No. 162658) (General and NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: 1. Approve an amendment to the Project Cost Analysis to recognize $1,198,427 for $1,056,880 in additional contingency funds and $141,547 in additional contract administration, inspection, and testing for a new estimated total construction delivery cost of $7,798,427. The new estimated total construction delivery costs include $5,289,238 for the construction contract, $923,385 for contract administration, inspection, testing, and a $1,585,804 project contingency for unanticipated or unforeseen work, subject to nonsubstantive changes approved by the City Manager and City Attorney.
2. Approve an amendment to the Fiscal Year 202223 Capital Improvement Program for $1,198,427.
15. Award a Construction Contract to CJW Construction, Inc. in the Amount of $4,942,135, Approve an Amendment to the Fiscal Year 202223 CIP, and Approve Amendment to the Agreement with J. Smith & T. Muli, Inc. to Increase the Contract for the Centennial Lake Circulation Renovation Project with an Estimated Total Delivery Cost of $6,179,135 (Project No. 182681) (Revive Santa Ana program) Department(s): Public Works Agency
Recommended Action: 1. Approve an amendment to the Fiscal Year 202223 Capital Improvement Program to include $1,342,240 of funding in American Rescue Plan Funds for the Centennial Lake Circulation Renovation project.
2. Award a construction contract to CJW Construction, Inc., the lowest responsive and responsible bidder, in accordance with the base bid in the amount of $4,942,135, for the construction of the Centennial Lake Circulation Renovation Project, for a term beginning April 18, 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 $6,179,135, which includes $4,942,135 for the construction contract; $742,000 for contract administration, inspection, and testing; and a $495,000 project contingency for unanticipated or unforeseen work.
4. Authorize the City Manager to execute the first amendment to the agreement with J.
Smith & T. Muli, Inc. to increase the Contract Amount by $11,500, for a total amount not to exceed $61,391, for lake engineering and construction services for the remaining term of the agreement, beginning May 20, 2022 through December 31, 2023, including up to two additional oneyear periods upon a writing executed by the City Manager and City Attorney (Agreement No. 2023XXX).
5. Determine the recommended actions are exempt for further review in accordance with the California Environmental Quality Act as Categorical Exemption Environmental Review No. ER202331 was filed for Project 182681.
16. Approve Agreements with Hillsborough Fence Company, J & A Engineering Corporation, and Quality Fence Co. Inc., for a Total Amount Not to Exceed $3,000,000, for up to a FiveYear Term for AsNeeded Installation, Maintenance, and Repair for Fencing and Gate Services (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute agreements with Hillsborough Fence Company, J & A Engineering Corporation, and Quality Fence Co.
Inc. to provide oncall installation, maintenance, and repair for fencing and gates, for a shared aggregate amount not to exceed $3,000,000 for a threeyear term beginning April 18, 2023 and expiring April 18, 2026, with provisions for two, oneyear extensions, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2023XXX).
17. Approve Agreements with AESCO, Inc., Kleinfelder, Inc., and RMA Group, Inc., for a Total Amount Not to Exceed $2,950,000, for OnCall Material Testing and Special Inspection Services (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Authorize the City Manager to execute a Caltrans federally procured agreement with AESCO, Inc., Kleinfelder, Inc., and RMA Group, Inc. to provide OnCall Material Testing and Special Inspection Services, for a shared aggregate amount not to exceed $950,000, for a term beginning April 18, 2023 and expiring July 5, 2024, with provisions for two, oneyear extensions, subject to non substantive changes approved by the City Manager and City Attorney (Agreement No. 2023XXX).
2. Authorize the City Manager to execute the first amendment to the standard agreement with AESCO, Inc., Kleinfelder, Inc., and RMA Group, Inc. to provide OnCall Material Testing and Special Inspection Services, and increase the contract amount by $1,000,000 for a total amount not to exceed $2,000,000, for the remaining term through July 5, 2024, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2023XXX).
18. Approve First Amendment to Agreement with Elite Special Events, Inc. to Increase the NottoExceed Amount by $20,000 per Year through June 30, 2023, for a Total Agreement Amount of $38,050, to Provide Event Equipment and Services at Various City Events (General Fund)
Department(s): Parks, Recreation, and Community Services Recommended Action: Authorize the City Manager to execute the first amendment to the agreement with Elite Special Events to provide event equipment and services for various City events, to increase the amount by $20,000, for a total nottoexceed amount of $38,050, through June 30, 2023, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2023XXX).
19. Historic Property Preservation Agreement
Department(s): Planning and Building Agency
Recommended Action: Authorize the City Manager or designee to execute the attached Mills Act agreement with the belowreferenced property owners for the identified structure(s), subject to nonsubstantive changes approved by the City Manager and City Attorney (includes determination that the proposed project is exempt from further review in accordance with the California Environmental Quality Act (CEQA) as the following Categorical Exemption will be filed for this project: ER No. 202310).
Property Owner(s), Historic Property Preservation Agreement No., Address/House, Vote by HRC
Brian and Krystle Newquist, 202301, 2311 N. Benton Way, 8:1:0:0 (Murashie dissented) (Agreement No. 2023XXX)
20. Adopt a Resolution to Authorize the City Manager to Accept the California Automated Permit Processing Program Grant in the Amount of $100,000 and Execute the Grant Agreement with the State of California Energy Commission, and Approve an Appropriation Adjustment Recognizing Funds
Department(s): Planning and Building Agency
Recommended Action: 1. Adopt Resolution No. 2023XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE RECEIPT OF FUNDS FROM THE CALIFORNIA ENERGY COMMISSION FOR THE CALIFORNIA AUTOMATED PERMIT PROCESSING PROGRAM(includes determination that the proposed action is exempt from further review pursuant to Section 15061(b) (3) of the California Environmental Quality Act (CEQA) and the CEQA Guidelines as there is no potential for any environmental impact).
2. Approve an appropriation adjustment recognizing the CalAPP grant funds, in the amount of $100,000, to revenue account number and appropriate same to expenditure account numbers. (Requires five affirmative votes) **END OF CONSENT CALENDAR**
BUSINESS CALENDAR
21. First Reading of an Ordinance to Amend Section 86 of the Santa Ana Municipal Code (SAMC) Pertaining to License Requirements of Contractors and Subcontractors to Include the Collection and Disclosure of Information Regarding Pending or Prior Enforcement Actions for any State or Federal Labor Violations (Revised 4/12/23)
Department(s): Planning and Building Agency
Recommended Action: Conduct a first reading of Ordinance Amendment No. 2023 02 – An ordinance of the City Council of the City of Santa Ana amending Section 86 of the Santa Ana Municipal Code (SAMC) pertaining to license requirements of contractors and subcontractors to include the collection and disclosure of information regarding pending or prior enforcement actions for any state or federal labor violations.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SANTA ANA MUNICIPAL CODE SECTION 86 RELATING TO LICENSE REQUIREMENTS OF CONTRACTORS AND SUBCONTRACTORS (includes determination that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, as there is no possibility it will have a significant effect on the environment, and it is not a “project,” as defined in Section 15378 of the CEQA Guidelines).
22. Early Direction for Fiscal Year 202324 Budget Cycle Department(s): Finance and Management Services
Recommended Action: Provide early budget direction to staff for the upcoming fiscal year.
23. Resolution Declaring the Termination of Local Emergency Regarding the COVID19 Pandemic
Department(s): City Manager’s Office
Recommended Action: Adopt Resolution No. 2023XXX
A RESOLUTION OF THE SANTA ANA CITY COUNCIL DECLARING THE TERMINATION OF THE PROCLAMATION OF A LOCAL EMERGENCY
REGARDING THE CORONAVIRUS (COVID19) PANDEMIC
24. Resolution Declaring Opposition to Assembly Bill 742 (Jackson) Department(s): City Manager’s Office
Recommended Action: Adopt Resolution No. 2023XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA OPPOSING CALIFORNIA ASSEMBLY BILL 742 (JACKSON)
**END OF BUSINESS CALENDAR**
WORK STUDY SESSION
25. Sunshine Ordinance Amendments Work Study Session
Department(s): Planning and Building Agency
Recommended Action: Discuss and provide direction to staff.
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.
1. April 12–14, 2023 Mayor Amezcua – League of California Cities City Leaders Summit in Sacramento, CA
ADJOURNMENT – Adjourn the City Council meeting.
Future Items
1. Budget – Work Study Session
City Council
10 4/18/2023
City Council Meeting Packet (Revised 4/12/23)
April 18, 2023
SPECIAL CLOSED SESSION MEETING – 4:30 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 two (2) hours before the scheduled start 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 4:30 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 4:00 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL BY 4:30 p.m.
Speakers who are not in the speaker queue by 4:30 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 4:00 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.
TRANSLATION SERVICES Spanish interpreting services are provided at City Council meetings. Simultaneous Spanish interpretation is provided through the use of headsets and consecutive interpretation (SpanishtoEnglish) in addition to those wishing to address the City Council at the podium.
La ciudad provee servicios de interpretación al español en las juntas del Concilio.
La interpretación simultánea al español se ofrece por medio del uso de audífonos y la interpretación consecutiva (español a inglés) también está disponible para cualquiera que desee dirigirse al concilio municipal en el podio.
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
ADDITIONS\DELETIONS TO CLOSED SESSION
PUBLIC COMMENTS – Members of the public may address the City Council on Closed Session items.
RECESS – City Council will recess to Closed Session for the purpose of conducting regular City business.
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. Candelario Jalomo v. City of Santa Ana, et al., Orange County Superior Court, Case No. 30201901118103CUWTCJC
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
3. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(California Government Code Section 54947(b)(1))
Title: City Manager
4. CONFERENCE WITH LABOR NEGOTIATOR
(California Government Code Section 54957.6)
Unrepresented Employee: City Manager
RECONVENE – City Council will reconvene to continue regular City business.
CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed Session.
ADJOURNMENT – Adjourn the Special Closed Session meeting.
CITY COUNCIL REGULAR OPEN 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
PLEDGE OF ALLEGIANCE Mayor Amezcua
WORDS OF INSPIRATION Juan Plascencia
ADDITIONS\DELETIONS TO THE AGENDA
CEREMONIAL PRESENTATIONS
1. Certificate of Recognition presented by Mayor Amezcua to Selina Mendez for Outstanding Contributions to the Community.
2. Proclamation presented by Mayor Pro Tem Lopez and Councilmember Vazquez to Southern California Coalition for Occupational Safety & Health declaring April 28, 2023 as Workers’ Memorial Day. (Revised 4/12/23)
3. Certificates of Recognition presented by Councilmember Bacerra and Councilmember Penaloza to the 2023 Santa Ana Police Athletic & Activity League Ladybug Champions for their Exceptional Athletic Performance.
4. Certificates of Recognition presented by Councilmember Penaloza to the Santa Ana Police Department’s 2023 Distinguished Service Medal Recipient, Detective Joshua Espadas, and Uniformed Officer of the Year, Officer Dominic Dominguez.
5. Proclamation presented by Councilmember Phan to Boat People SOS Center for Community Advancement declaring April 30 as Black April.
STAFF PRESENTATIONS
6. Homelessness Update
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: 7 through 20.
7. Excused Absences
Department(s): City Clerk’s Office
Recommended Action: Excuse the absent members.
8. Minutes from the Special Closed Session and Regular Meeting of September 20, 2022 Department(s): City Clerk’s Office
Recommended Action: Approve minutes.
9. Appoint Nadin Said Nominated by Councilmember Bacerra as the Ward 4 Representative to the Police Oversight Commission for a FullTerm Expiring December 8, 2026
Department(s): City Clerk’s Office
Recommended Action: Appoint Nadin Said to the Police Oversight Commission as the Ward 4 representative and administer Oath of Office.
10. Award a Purchase Order to Siemens Industry, Inc. in the Amount of $400,000 to Automate Heating, Ventilation, and Air Conditioning (HVAC) Building Controls at the Ross Annex (Specification No. 23047) (General Fund)
Department(s): Public Works Agency
Recommended Action: Authorize a onetime purchase order and payment to Siemens Industry, Inc. for the automation of HVAC building controls on the third and fourth floors of the Ross Annex Building in the amount of $356,538, plus a contingency of $43,462 for a total amount not to exceed $400,000, subject to nonsubstantive changes approved by the City Manager and City Attorney.
11. Award Purchase Order to Matthews Specialty Vehicles, in the Amount of $439,922, for an F59 Ford Chassis Book Mobile Conversion Vehicle (Specification No. 23013) (General Fund and Cannabis Public Benefits Fund)
Department(s): Public Works Agency and Library Services Agency Recommended Action: Authorize a onetime purchase and payment to Matthews Specialty Vehicles for a 2023 F9 Ford chassis book mobile conversion, in the amount of $414,922, plus a contingency of $25,000 for a total amount not to exceed $439,922, subject to nonsubstantive changes approved by the City Manager and City Attorney.
12. Authorize a OneTime Appropriation Adjustment of $500,000 Using General Funds Balance to Increase the FY 202223 Annual Amount for Asphalt Pothole Repair by $300,000, and the Remaining $200,000 Will be Issued Through Emergency Purchase Order Procedures to Quickly Improve Service Levels For Pothole Repairs (Specification No. 18092) (General Fund)
Department(s): Public Works Agency
Recommended Action: 1. Authorize a onetime appropriation of $500,000 using General Fund balance to 01117017 Public Works Service Enhancements for FY 202223 Roadway Maintenance. (Requires five affirmative votes)
2. Approve an amendment to the Purchase Order Contract with All American Asphalt for asphalt pothole repair to increase the current term by $300,000, for a total annual amount not to exceed $1,200,000, and add one, twoyear renewal term to the purchase order exercisable by the City Manager and City Attorney, subject to non substantive changes approved by the City Manager and City Attorney.
13. Award a Construction Contract to Diamond Construction & Design in the Amount of $1,374,150 for the Kennedy Elementary and Villa Fundamental Intermediate Safe Route to School (SRTS) Project With an Estimated Project Delivery Cost of $1,659,049 (Project No. 206963, ATPSB1L5063(199) (General and NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Approve an amendment to the Fiscal Year 202223 Capital Improvement Program to include $130,000 of funding in General Fund for the Kennedy Elementary and Villa Fundamental Intermediate SRTS.
2. Authorize the reallocation of unspent Measure M2 Local Fairshare funds from various projects; $128,316 from Bike Lane Project Development, $84,733 from Traffic Safety Project Development, and $25,000 from the Jackson Elementary Improvements Project, for a total of $238,047 to the Kennedy Elementary and Villa Fundamental Intermediate SRTS Project to complete the project’s funding requirement.
3. Award a construction contract to Diamond Construction & Design, the lowest responsible bidder, in accordance with the base bid in the amount of $1,374,150, for construction of the Kennedy Elementary and Villa Fundamental Intermediate SRTS Project, for the term beginning April 18, 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.
4. Approve the Project Cost Analysis for a total estimated construction delivery cost of $1,659,049, which includes $1,374,150 for the construction contract, $147,484 for contract administration, inspection, and testing; and a $137,415 project contingency for unanticipated or unforeseen work.
5. Determine that the recommended actions are exempt from further review in accordance with the California Environmental Quality Act as Categorical Exemption Environmental Review No. ER202096 was filed for Project 206963.
14. Approve Additional Contingency Funds for an Existing Construction Contract with HYM Engineering, in the Amount of $1,198,427, for the Santa Ana Zoo Giant River Otter and Primate Trials Project with an Estimated Project Delivery Cost of $7,798,427 (Project No. 162658) (General and NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: 1. Approve an amendment to the Project Cost Analysis to recognize $1,198,427 for $1,056,880 in additional contingency funds and $141,547 in additional contract administration, inspection, and testing for a new estimated total construction delivery cost of $7,798,427. The new estimated total construction delivery costs include $5,289,238 for the construction contract, $923,385 for contract administration, inspection, testing, and a $1,585,804 project contingency for unanticipated or unforeseen work, subject to nonsubstantive changes approved by the City Manager and City Attorney.
2. Approve an amendment to the Fiscal Year 202223 Capital Improvement Program for $1,198,427.
15. Award a Construction Contract to CJW Construction, Inc. in the Amount of $4,942,135, Approve an Amendment to the Fiscal Year 202223 CIP, and Approve Amendment to the Agreement with J. Smith & T. Muli, Inc. to Increase the Contract for the Centennial Lake Circulation Renovation Project with an Estimated Total Delivery Cost of $6,179,135 (Project No. 182681) (Revive Santa Ana program) Department(s): Public Works Agency
Recommended Action: 1. Approve an amendment to the Fiscal Year 202223 Capital Improvement Program to include $1,342,240 of funding in American Rescue Plan Funds for the Centennial Lake Circulation Renovation project.
2. Award a construction contract to CJW Construction, Inc., the lowest responsive and responsible bidder, in accordance with the base bid in the amount of $4,942,135, for the construction of the Centennial Lake Circulation Renovation Project, for a term beginning April 18, 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 $6,179,135, which includes $4,942,135 for the construction contract; $742,000 for contract administration, inspection, and testing; and a $495,000 project contingency for unanticipated or unforeseen work.
4. Authorize the City Manager to execute the first amendment to the agreement with J.
Smith & T. Muli, Inc. to increase the Contract Amount by $11,500, for a total amount not to exceed $61,391, for lake engineering and construction services for the remaining term of the agreement, beginning May 20, 2022 through December 31, 2023, including up to two additional oneyear periods upon a writing executed by the City Manager and City Attorney (Agreement No. 2023XXX).
5. Determine the recommended actions are exempt for further review in accordance with the California Environmental Quality Act as Categorical Exemption Environmental Review No. ER202331 was filed for Project 182681.
16. Approve Agreements with Hillsborough Fence Company, J & A Engineering Corporation, and Quality Fence Co. Inc., for a Total Amount Not to Exceed $3,000,000, for up to a FiveYear Term for AsNeeded Installation, Maintenance, and Repair for Fencing and Gate Services (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute agreements with Hillsborough Fence Company, J & A Engineering Corporation, and Quality Fence Co.
Inc. to provide oncall installation, maintenance, and repair for fencing and gates, for a shared aggregate amount not to exceed $3,000,000 for a threeyear term beginning April 18, 2023 and expiring April 18, 2026, with provisions for two, oneyear extensions, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2023XXX).
17. Approve Agreements with AESCO, Inc., Kleinfelder, Inc., and RMA Group, Inc., for a Total Amount Not to Exceed $2,950,000, for OnCall Material Testing and Special Inspection Services (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Authorize the City Manager to execute a Caltrans federally procured agreement with AESCO, Inc., Kleinfelder, Inc., and RMA Group, Inc. to provide OnCall Material Testing and Special Inspection Services, for a shared aggregate amount not to exceed $950,000, for a term beginning April 18, 2023 and expiring July 5, 2024, with provisions for two, oneyear extensions, subject to non substantive changes approved by the City Manager and City Attorney (Agreement No. 2023XXX).
2. Authorize the City Manager to execute the first amendment to the standard agreement with AESCO, Inc., Kleinfelder, Inc., and RMA Group, Inc. to provide OnCall Material Testing and Special Inspection Services, and increase the contract amount by $1,000,000 for a total amount not to exceed $2,000,000, for the remaining term through July 5, 2024, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2023XXX).
18. Approve First Amendment to Agreement with Elite Special Events, Inc. to Increase the NottoExceed Amount by $20,000 per Year through June 30, 2023, for a Total Agreement Amount of $38,050, to Provide Event Equipment and Services at Various City Events (General Fund)
Department(s): Parks, Recreation, and Community Services Recommended Action: Authorize the City Manager to execute the first amendment to the agreement with Elite Special Events to provide event equipment and services for various City events, to increase the amount by $20,000, for a total nottoexceed amount of $38,050, through June 30, 2023, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2023XXX).
19. Historic Property Preservation Agreement
Department(s): Planning and Building Agency
Recommended Action: Authorize the City Manager or designee to execute the attached Mills Act agreement with the belowreferenced property owners for the identified structure(s), subject to nonsubstantive changes approved by the City Manager and City Attorney (includes determination that the proposed project is exempt from further review in accordance with the California Environmental Quality Act (CEQA) as the following Categorical Exemption will be filed for this project: ER No. 202310).
Property Owner(s), Historic Property Preservation Agreement No., Address/House, Vote by HRC
Brian and Krystle Newquist, 202301, 2311 N. Benton Way, 8:1:0:0 (Murashie dissented) (Agreement No. 2023XXX)
20. Adopt a Resolution to Authorize the City Manager to Accept the California Automated Permit Processing Program Grant in the Amount of $100,000 and Execute the Grant Agreement with the State of California Energy Commission, and Approve an Appropriation Adjustment Recognizing Funds
Department(s): Planning and Building Agency
Recommended Action: 1. Adopt Resolution No. 2023XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE RECEIPT OF FUNDS FROM THE CALIFORNIA ENERGY COMMISSION FOR THE CALIFORNIA AUTOMATED PERMIT PROCESSING PROGRAM(includes determination that the proposed action is exempt from further review pursuant to Section 15061(b) (3) of the California Environmental Quality Act (CEQA) and the CEQA Guidelines as there is no potential for any environmental impact).
2. Approve an appropriation adjustment recognizing the CalAPP grant funds, in the amount of $100,000, to revenue account number and appropriate same to expenditure account numbers. (Requires five affirmative votes) **END OF CONSENT CALENDAR**
BUSINESS CALENDAR
21. First Reading of an Ordinance to Amend Section 86 of the Santa Ana Municipal Code (SAMC) Pertaining to License Requirements of Contractors and Subcontractors to Include the Collection and Disclosure of Information Regarding Pending or Prior Enforcement Actions for any State or Federal Labor Violations (Revised 4/12/23)
Department(s): Planning and Building Agency
Recommended Action: Conduct a first reading of Ordinance Amendment No. 2023 02 – An ordinance of the City Council of the City of Santa Ana amending Section 86 of the Santa Ana Municipal Code (SAMC) pertaining to license requirements of contractors and subcontractors to include the collection and disclosure of information regarding pending or prior enforcement actions for any state or federal labor violations.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SANTA ANA MUNICIPAL CODE SECTION 86 RELATING TO LICENSE REQUIREMENTS OF CONTRACTORS AND SUBCONTRACTORS (includes determination that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, as there is no possibility it will have a significant effect on the environment, and it is not a “project,” as defined in Section 15378 of the CEQA Guidelines).
22. Early Direction for Fiscal Year 202324 Budget Cycle Department(s): Finance and Management Services
Recommended Action: Provide early budget direction to staff for the upcoming fiscal year.
23. Resolution Declaring the Termination of Local Emergency Regarding the COVID19 Pandemic
Department(s): City Manager’s Office
Recommended Action: Adopt Resolution No. 2023XXX
A RESOLUTION OF THE SANTA ANA CITY COUNCIL DECLARING THE TERMINATION OF THE PROCLAMATION OF A LOCAL EMERGENCY
REGARDING THE CORONAVIRUS (COVID19) PANDEMIC
24. Resolution Declaring Opposition to Assembly Bill 742 (Jackson) Department(s): City Manager’s Office
Recommended Action: Adopt Resolution No. 2023XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA OPPOSING CALIFORNIA ASSEMBLY BILL 742 (JACKSON)
**END OF BUSINESS CALENDAR**
WORK STUDY SESSION
25. Sunshine Ordinance Amendments Work Study Session
Department(s): Planning and Building Agency
Recommended Action: Discuss and provide direction to staff.
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.
1. April 12–14, 2023 Mayor Amezcua – League of California Cities City Leaders Summit in Sacramento, CA
ADJOURNMENT – Adjourn the City Council meeting.
Future Items
1. Budget – Work Study Session
City Council
11 4/18/2023
City Council Meeting Packet (Revised 4/12/23)
April 18, 2023
SPECIAL CLOSED SESSION MEETING – 4:30 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 two (2) hours before the scheduled start 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 4:30 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 4:00 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL BY 4:30 p.m.
Speakers who are not in the speaker queue by 4:30 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 4:00 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.
TRANSLATION SERVICES Spanish interpreting services are provided at City Council meetings. Simultaneous Spanish interpretation is provided through the use of headsets and consecutive interpretation (SpanishtoEnglish) in addition to those wishing to address the City Council at the podium.
La ciudad provee servicios de interpretación al español en las juntas del Concilio.
La interpretación simultánea al español se ofrece por medio del uso de audífonos y la interpretación consecutiva (español a inglés) también está disponible para cualquiera que desee dirigirse al concilio municipal en el podio.
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
ADDITIONS\DELETIONS TO CLOSED SESSION
PUBLIC COMMENTS – Members of the public may address the City Council on Closed Session items.
RECESS – City Council will recess to Closed Session for the purpose of conducting regular City business.
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. Candelario Jalomo v. City of Santa Ana, et al., Orange County Superior Court, Case No. 30201901118103CUWTCJC
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
3. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(California Government Code Section 54947(b)(1))
Title: City Manager
4. CONFERENCE WITH LABOR NEGOTIATOR
(California Government Code Section 54957.6)
Unrepresented Employee: City Manager
RECONVENE – City Council will reconvene to continue regular City business.
CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed Session.
ADJOURNMENT – Adjourn the Special Closed Session meeting.
CITY COUNCIL REGULAR OPEN 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
PLEDGE OF ALLEGIANCE Mayor Amezcua
WORDS OF INSPIRATION Juan Plascencia
ADDITIONS\DELETIONS TO THE AGENDA
CEREMONIAL PRESENTATIONS
1. Certificate of Recognition presented by Mayor Amezcua to Selina Mendez for Outstanding Contributions to the Community.
2. Proclamation presented by Mayor Pro Tem Lopez and Councilmember Vazquez to Southern California Coalition for Occupational Safety & Health declaring April 28, 2023 as Workers’ Memorial Day. (Revised 4/12/23)
3. Certificates of Recognition presented by Councilmember Bacerra and Councilmember Penaloza to the 2023 Santa Ana Police Athletic & Activity League Ladybug Champions for their Exceptional Athletic Performance.
4. Certificates of Recognition presented by Councilmember Penaloza to the Santa Ana Police Department’s 2023 Distinguished Service Medal Recipient, Detective Joshua Espadas, and Uniformed Officer of the Year, Officer Dominic Dominguez.
5. Proclamation presented by Councilmember Phan to Boat People SOS Center for Community Advancement declaring April 30 as Black April.
STAFF PRESENTATIONS
6. Homelessness Update
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: 7 through 20.
7. Excused Absences
Department(s): City Clerk’s Office
Recommended Action: Excuse the absent members.
8. Minutes from the Special Closed Session and Regular Meeting of September 20, 2022 Department(s): City Clerk’s Office
Recommended Action: Approve minutes.
9. Appoint Nadin Said Nominated by Councilmember Bacerra as the Ward 4 Representative to the Police Oversight Commission for a FullTerm Expiring December 8, 2026
Department(s): City Clerk’s Office
Recommended Action: Appoint Nadin Said to the Police Oversight Commission as the Ward 4 representative and administer Oath of Office.
10. Award a Purchase Order to Siemens Industry, Inc. in the Amount of $400,000 to Automate Heating, Ventilation, and Air Conditioning (HVAC) Building Controls at the Ross Annex (Specification No. 23047) (General Fund)
Department(s): Public Works Agency
Recommended Action: Authorize a onetime purchase order and payment to Siemens Industry, Inc. for the automation of HVAC building controls on the third and fourth floors of the Ross Annex Building in the amount of $356,538, plus a contingency of $43,462 for a total amount not to exceed $400,000, subject to nonsubstantive changes approved by the City Manager and City Attorney.
11. Award Purchase Order to Matthews Specialty Vehicles, in the Amount of $439,922, for an F59 Ford Chassis Book Mobile Conversion Vehicle (Specification No. 23013) (General Fund and Cannabis Public Benefits Fund)
Department(s): Public Works Agency and Library Services Agency Recommended Action: Authorize a onetime purchase and payment to Matthews Specialty Vehicles for a 2023 F9 Ford chassis book mobile conversion, in the amount of $414,922, plus a contingency of $25,000 for a total amount not to exceed $439,922, subject to nonsubstantive changes approved by the City Manager and City Attorney.
12. Authorize a OneTime Appropriation Adjustment of $500,000 Using General Funds Balance to Increase the FY 202223 Annual Amount for Asphalt Pothole Repair by $300,000, and the Remaining $200,000 Will be Issued Through Emergency Purchase Order Procedures to Quickly Improve Service Levels For Pothole Repairs (Specification No. 18092) (General Fund)
Department(s): Public Works Agency
Recommended Action: 1. Authorize a onetime appropriation of $500,000 using General Fund balance to 01117017 Public Works Service Enhancements for FY 202223 Roadway Maintenance. (Requires five affirmative votes)
2. Approve an amendment to the Purchase Order Contract with All American Asphalt for asphalt pothole repair to increase the current term by $300,000, for a total annual amount not to exceed $1,200,000, and add one, twoyear renewal term to the purchase order exercisable by the City Manager and City Attorney, subject to non substantive changes approved by the City Manager and City Attorney.
13. Award a Construction Contract to Diamond Construction & Design in the Amount of $1,374,150 for the Kennedy Elementary and Villa Fundamental Intermediate Safe Route to School (SRTS) Project With an Estimated Project Delivery Cost of $1,659,049 (Project No. 206963, ATPSB1L5063(199) (General and NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Approve an amendment to the Fiscal Year 202223 Capital Improvement Program to include $130,000 of funding in General Fund for the Kennedy Elementary and Villa Fundamental Intermediate SRTS.
2. Authorize the reallocation of unspent Measure M2 Local Fairshare funds from various projects; $128,316 from Bike Lane Project Development, $84,733 from Traffic Safety Project Development, and $25,000 from the Jackson Elementary Improvements Project, for a total of $238,047 to the Kennedy Elementary and Villa Fundamental Intermediate SRTS Project to complete the project’s funding requirement.
3. Award a construction contract to Diamond Construction & Design, the lowest responsible bidder, in accordance with the base bid in the amount of $1,374,150, for construction of the Kennedy Elementary and Villa Fundamental Intermediate SRTS Project, for the term beginning April 18, 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.
4. Approve the Project Cost Analysis for a total estimated construction delivery cost of $1,659,049, which includes $1,374,150 for the construction contract, $147,484 for contract administration, inspection, and testing; and a $137,415 project contingency for unanticipated or unforeseen work.
5. Determine that the recommended actions are exempt from further review in accordance with the California Environmental Quality Act as Categorical Exemption Environmental Review No. ER202096 was filed for Project 206963.
14. Approve Additional Contingency Funds for an Existing Construction Contract with HYM Engineering, in the Amount of $1,198,427, for the Santa Ana Zoo Giant River Otter and Primate Trials Project with an Estimated Project Delivery Cost of $7,798,427 (Project No. 162658) (General and NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: 1. Approve an amendment to the Project Cost Analysis to recognize $1,198,427 for $1,056,880 in additional contingency funds and $141,547 in additional contract administration, inspection, and testing for a new estimated total construction delivery cost of $7,798,427. The new estimated total construction delivery costs include $5,289,238 for the construction contract, $923,385 for contract administration, inspection, testing, and a $1,585,804 project contingency for unanticipated or unforeseen work, subject to nonsubstantive changes approved by the City Manager and City Attorney.
2. Approve an amendment to the Fiscal Year 202223 Capital Improvement Program for $1,198,427.
15. Award a Construction Contract to CJW Construction, Inc. in the Amount of $4,942,135, Approve an Amendment to the Fiscal Year 202223 CIP, and Approve Amendment to the Agreement with J. Smith & T. Muli, Inc. to Increase the Contract for the Centennial Lake Circulation Renovation Project with an Estimated Total Delivery Cost of $6,179,135 (Project No. 182681) (Revive Santa Ana program) Department(s): Public Works Agency
Recommended Action: 1. Approve an amendment to the Fiscal Year 202223 Capital Improvement Program to include $1,342,240 of funding in American Rescue Plan Funds for the Centennial Lake Circulation Renovation project.
2. Award a construction contract to CJW Construction, Inc., the lowest responsive and responsible bidder, in accordance with the base bid in the amount of $4,942,135, for the construction of the Centennial Lake Circulation Renovation Project, for a term beginning April 18, 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 $6,179,135, which includes $4,942,135 for the construction contract; $742,000 for contract administration, inspection, and testing; and a $495,000 project contingency for unanticipated or unforeseen work.
4. Authorize the City Manager to execute the first amendment to the agreement with J.
Smith & T. Muli, Inc. to increase the Contract Amount by $11,500, for a total amount not to exceed $61,391, for lake engineering and construction services for the remaining term of the agreement, beginning May 20, 2022 through December 31, 2023, including up to two additional oneyear periods upon a writing executed by the City Manager and City Attorney (Agreement No. 2023XXX).
5. Determine the recommended actions are exempt for further review in accordance with the California Environmental Quality Act as Categorical Exemption Environmental Review No. ER202331 was filed for Project 182681.
16. Approve Agreements with Hillsborough Fence Company, J & A Engineering Corporation, and Quality Fence Co. Inc., for a Total Amount Not to Exceed $3,000,000, for up to a FiveYear Term for AsNeeded Installation, Maintenance, and Repair for Fencing and Gate Services (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute agreements with Hillsborough Fence Company, J & A Engineering Corporation, and Quality Fence Co.
Inc. to provide oncall installation, maintenance, and repair for fencing and gates, for a shared aggregate amount not to exceed $3,000,000 for a threeyear term beginning April 18, 2023 and expiring April 18, 2026, with provisions for two, oneyear extensions, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2023XXX).
17. Approve Agreements with AESCO, Inc., Kleinfelder, Inc., and RMA Group, Inc., for a Total Amount Not to Exceed $2,950,000, for OnCall Material Testing and Special Inspection Services (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Authorize the City Manager to execute a Caltrans federally procured agreement with AESCO, Inc., Kleinfelder, Inc., and RMA Group, Inc. to provide OnCall Material Testing and Special Inspection Services, for a shared aggregate amount not to exceed $950,000, for a term beginning April 18, 2023 and expiring July 5, 2024, with provisions for two, oneyear extensions, subject to non substantive changes approved by the City Manager and City Attorney (Agreement No. 2023XXX).
2. Authorize the City Manager to execute the first amendment to the standard agreement with AESCO, Inc., Kleinfelder, Inc., and RMA Group, Inc. to provide OnCall Material Testing and Special Inspection Services, and increase the contract amount by $1,000,000 for a total amount not to exceed $2,000,000, for the remaining term through July 5, 2024, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2023XXX).
18. Approve First Amendment to Agreement with Elite Special Events, Inc. to Increase the NottoExceed Amount by $20,000 per Year through June 30, 2023, for a Total Agreement Amount of $38,050, to Provide Event Equipment and Services at Various City Events (General Fund)
Department(s): Parks, Recreation, and Community Services Recommended Action: Authorize the City Manager to execute the first amendment to the agreement with Elite Special Events to provide event equipment and services for various City events, to increase the amount by $20,000, for a total nottoexceed amount of $38,050, through June 30, 2023, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2023XXX).
19. Historic Property Preservation Agreement
Department(s): Planning and Building Agency
Recommended Action: Authorize the City Manager or designee to execute the attached Mills Act agreement with the belowreferenced property owners for the identified structure(s), subject to nonsubstantive changes approved by the City Manager and City Attorney (includes determination that the proposed project is exempt from further review in accordance with the California Environmental Quality Act (CEQA) as the following Categorical Exemption will be filed for this project: ER No. 202310).
Property Owner(s), Historic Property Preservation Agreement No., Address/House, Vote by HRC
Brian and Krystle Newquist, 202301, 2311 N. Benton Way, 8:1:0:0 (Murashie dissented) (Agreement No. 2023XXX)
20. Adopt a Resolution to Authorize the City Manager to Accept the California Automated Permit Processing Program Grant in the Amount of $100,000 and Execute the Grant Agreement with the State of California Energy Commission, and Approve an Appropriation Adjustment Recognizing Funds
Department(s): Planning and Building Agency
Recommended Action: 1. Adopt Resolution No. 2023XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE RECEIPT OF FUNDS FROM THE CALIFORNIA ENERGY COMMISSION FOR THE CALIFORNIA AUTOMATED PERMIT PROCESSING PROGRAM(includes determination that the proposed action is exempt from further review pursuant to Section 15061(b) (3) of the California Environmental Quality Act (CEQA) and the CEQA Guidelines as there is no potential for any environmental impact).
2. Approve an appropriation adjustment recognizing the CalAPP grant funds, in the amount of $100,000, to revenue account number and appropriate same to expenditure account numbers. (Requires five affirmative votes) **END OF CONSENT CALENDAR**
BUSINESS CALENDAR
21. First Reading of an Ordinance to Amend Section 86 of the Santa Ana Municipal Code (SAMC) Pertaining to License Requirements of Contractors and Subcontractors to Include the Collection and Disclosure of Information Regarding Pending or Prior Enforcement Actions for any State or Federal Labor Violations (Revised 4/12/23)
Department(s): Planning and Building Agency
Recommended Action: Conduct a first reading of Ordinance Amendment No. 2023 02 – An ordinance of the City Council of the City of Santa Ana amending Section 86 of the Santa Ana Municipal Code (SAMC) pertaining to license requirements of contractors and subcontractors to include the collection and disclosure of information regarding pending or prior enforcement actions for any state or federal labor violations.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SANTA ANA MUNICIPAL CODE SECTION 86 RELATING TO LICENSE REQUIREMENTS OF CONTRACTORS AND SUBCONTRACTORS (includes determination that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, as there is no possibility it will have a significant effect on the environment, and it is not a “project,” as defined in Section 15378 of the CEQA Guidelines).
22. Early Direction for Fiscal Year 202324 Budget Cycle Department(s): Finance and Management Services
Recommended Action: Provide early budget direction to staff for the upcoming fiscal year.
23. Resolution Declaring the Termination of Local Emergency Regarding the COVID19 Pandemic
Department(s): City Manager’s Office
Recommended Action: Adopt Resolution No. 2023XXX
A RESOLUTION OF THE SANTA ANA CITY COUNCIL DECLARING THE TERMINATION OF THE PROCLAMATION OF A LOCAL EMERGENCY
REGARDING THE CORONAVIRUS (COVID19) PANDEMIC
24. Resolution Declaring Opposition to Assembly Bill 742 (Jackson) Department(s): City Manager’s Office
Recommended Action: Adopt Resolution No. 2023XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA OPPOSING CALIFORNIA ASSEMBLY BILL 742 (JACKSON)
**END OF BUSINESS CALENDAR**
WORK STUDY SESSION
25. Sunshine Ordinance Amendments Work Study Session
Department(s): Planning and Building Agency
Recommended Action: Discuss and provide direction to staff.
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.
1. April 12–14, 2023 Mayor Amezcua – League of California Cities City Leaders Summit in Sacramento, CA
ADJOURNMENT – Adjourn the City Council meeting.
Future Items
1. Budget – Work Study Session
City Council
12 4/18/2023
City Council Meeting Packet (Revised 4/12/23)
April 18, 2023
SPECIAL CLOSED SESSION MEETING – 4:30 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 two (2) hours before the scheduled start 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 4:30 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 4:00 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL BY 4:30 p.m.
Speakers who are not in the speaker queue by 4:30 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 4:00 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.
TRANSLATION SERVICES Spanish interpreting services are provided at City Council meetings. Simultaneous Spanish interpretation is provided through the use of headsets and consecutive interpretation (SpanishtoEnglish) in addition to those wishing to address the City Council at the podium.
La ciudad provee servicios de interpretación al español en las juntas del Concilio.
La interpretación simultánea al español se ofrece por medio del uso de audífonos y la interpretación consecutiva (español a inglés) también está disponible para cualquiera que desee dirigirse al concilio municipal en el podio.
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
ADDITIONS\DELETIONS TO CLOSED SESSION
PUBLIC COMMENTS – Members of the public may address the City Council on Closed Session items.
RECESS – City Council will recess to Closed Session for the purpose of conducting regular City business.
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. Candelario Jalomo v. City of Santa Ana, et al., Orange County Superior Court, Case No. 30201901118103CUWTCJC
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
3. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(California Government Code Section 54947(b)(1))
Title: City Manager
4. CONFERENCE WITH LABOR NEGOTIATOR
(California Government Code Section 54957.6)
Unrepresented Employee: City Manager
RECONVENE – City Council will reconvene to continue regular City business.
CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed Session.
ADJOURNMENT – Adjourn the Special Closed Session meeting.
CITY COUNCIL REGULAR OPEN 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
PLEDGE OF ALLEGIANCE Mayor Amezcua
WORDS OF INSPIRATION Juan Plascencia
ADDITIONS\DELETIONS TO THE AGENDA
CEREMONIAL PRESENTATIONS
1. Certificate of Recognition presented by Mayor Amezcua to Selina Mendez for Outstanding Contributions to the Community.
2. Proclamation presented by Mayor Pro Tem Lopez and Councilmember Vazquez to Southern California Coalition for Occupational Safety & Health declaring April 28, 2023 as Workers’ Memorial Day. (Revised 4/12/23)
3. Certificates of Recognition presented by Councilmember Bacerra and Councilmember Penaloza to the 2023 Santa Ana Police Athletic & Activity League Ladybug Champions for their Exceptional Athletic Performance.
4. Certificates of Recognition presented by Councilmember Penaloza to the Santa Ana Police Department’s 2023 Distinguished Service Medal Recipient, Detective Joshua Espadas, and Uniformed Officer of the Year, Officer Dominic Dominguez.
5. Proclamation presented by Councilmember Phan to Boat People SOS Center for Community Advancement declaring April 30 as Black April.
STAFF PRESENTATIONS
6. Homelessness Update
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: 7 through 20.
7. Excused Absences
Department(s): City Clerk’s Office
Recommended Action: Excuse the absent members.
8. Minutes from the Special Closed Session and Regular Meeting of September 20, 2022 Department(s): City Clerk’s Office
Recommended Action: Approve minutes.
9. Appoint Nadin Said Nominated by Councilmember Bacerra as the Ward 4 Representative to the Police Oversight Commission for a FullTerm Expiring December 8, 2026
Department(s): City Clerk’s Office
Recommended Action: Appoint Nadin Said to the Police Oversight Commission as the Ward 4 representative and administer Oath of Office.
10. Award a Purchase Order to Siemens Industry, Inc. in the Amount of $400,000 to Automate Heating, Ventilation, and Air Conditioning (HVAC) Building Controls at the Ross Annex (Specification No. 23047) (General Fund)
Department(s): Public Works Agency
Recommended Action: Authorize a onetime purchase order and payment to Siemens Industry, Inc. for the automation of HVAC building controls on the third and fourth floors of the Ross Annex Building in the amount of $356,538, plus a contingency of $43,462 for a total amount not to exceed $400,000, subject to nonsubstantive changes approved by the City Manager and City Attorney.
11. Award Purchase Order to Matthews Specialty Vehicles, in the Amount of $439,922, for an F59 Ford Chassis Book Mobile Conversion Vehicle (Specification No. 23013) (General Fund and Cannabis Public Benefits Fund)
Department(s): Public Works Agency and Library Services Agency Recommended Action: Authorize a onetime purchase and payment to Matthews Specialty Vehicles for a 2023 F9 Ford chassis book mobile conversion, in the amount of $414,922, plus a contingency of $25,000 for a total amount not to exceed $439,922, subject to nonsubstantive changes approved by the City Manager and City Attorney.
12. Authorize a OneTime Appropriation Adjustment of $500,000 Using General Funds Balance to Increase the FY 202223 Annual Amount for Asphalt Pothole Repair by $300,000, and the Remaining $200,000 Will be Issued Through Emergency Purchase Order Procedures to Quickly Improve Service Levels For Pothole Repairs (Specification No. 18092) (General Fund)
Department(s): Public Works Agency
Recommended Action: 1. Authorize a onetime appropriation of $500,000 using General Fund balance to 01117017 Public Works Service Enhancements for FY 202223 Roadway Maintenance. (Requires five affirmative votes)
2. Approve an amendment to the Purchase Order Contract with All American Asphalt for asphalt pothole repair to increase the current term by $300,000, for a total annual amount not to exceed $1,200,000, and add one, twoyear renewal term to the purchase order exercisable by the City Manager and City Attorney, subject to non substantive changes approved by the City Manager and City Attorney.
13. Award a Construction Contract to Diamond Construction & Design in the Amount of $1,374,150 for the Kennedy Elementary and Villa Fundamental Intermediate Safe Route to School (SRTS) Project With an Estimated Project Delivery Cost of $1,659,049 (Project No. 206963, ATPSB1L5063(199) (General and NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Approve an amendment to the Fiscal Year 202223 Capital Improvement Program to include $130,000 of funding in General Fund for the Kennedy Elementary and Villa Fundamental Intermediate SRTS.
2. Authorize the reallocation of unspent Measure M2 Local Fairshare funds from various projects; $128,316 from Bike Lane Project Development, $84,733 from Traffic Safety Project Development, and $25,000 from the Jackson Elementary Improvements Project, for a total of $238,047 to the Kennedy Elementary and Villa Fundamental Intermediate SRTS Project to complete the project’s funding requirement.
3. Award a construction contract to Diamond Construction & Design, the lowest responsible bidder, in accordance with the base bid in the amount of $1,374,150, for construction of the Kennedy Elementary and Villa Fundamental Intermediate SRTS Project, for the term beginning April 18, 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.
4. Approve the Project Cost Analysis for a total estimated construction delivery cost of $1,659,049, which includes $1,374,150 for the construction contract, $147,484 for contract administration, inspection, and testing; and a $137,415 project contingency for unanticipated or unforeseen work.
5. Determine that the recommended actions are exempt from further review in accordance with the California Environmental Quality Act as Categorical Exemption Environmental Review No. ER202096 was filed for Project 206963.
14. Approve Additional Contingency Funds for an Existing Construction Contract with HYM Engineering, in the Amount of $1,198,427, for the Santa Ana Zoo Giant River Otter and Primate Trials Project with an Estimated Project Delivery Cost of $7,798,427 (Project No. 162658) (General and NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: 1. Approve an amendment to the Project Cost Analysis to recognize $1,198,427 for $1,056,880 in additional contingency funds and $141,547 in additional contract administration, inspection, and testing for a new estimated total construction delivery cost of $7,798,427. The new estimated total construction delivery costs include $5,289,238 for the construction contract, $923,385 for contract administration, inspection, testing, and a $1,585,804 project contingency for unanticipated or unforeseen work, subject to nonsubstantive changes approved by the City Manager and City Attorney.
2. Approve an amendment to the Fiscal Year 202223 Capital Improvement Program for $1,198,427.
15. Award a Construction Contract to CJW Construction, Inc. in the Amount of $4,942,135, Approve an Amendment to the Fiscal Year 202223 CIP, and Approve Amendment to the Agreement with J. Smith & T. Muli, Inc. to Increase the Contract for the Centennial Lake Circulation Renovation Project with an Estimated Total Delivery Cost of $6,179,135 (Project No. 182681) (Revive Santa Ana program) Department(s): Public Works Agency
Recommended Action: 1. Approve an amendment to the Fiscal Year 202223 Capital Improvement Program to include $1,342,240 of funding in American Rescue Plan Funds for the Centennial Lake Circulation Renovation project.
2. Award a construction contract to CJW Construction, Inc., the lowest responsive and responsible bidder, in accordance with the base bid in the amount of $4,942,135, for the construction of the Centennial Lake Circulation Renovation Project, for a term beginning April 18, 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 $6,179,135, which includes $4,942,135 for the construction contract; $742,000 for contract administration, inspection, and testing; and a $495,000 project contingency for unanticipated or unforeseen work.
4. Authorize the City Manager to execute the first amendment to the agreement with J.
Smith & T. Muli, Inc. to increase the Contract Amount by $11,500, for a total amount not to exceed $61,391, for lake engineering and construction services for the remaining term of the agreement, beginning May 20, 2022 through December 31, 2023, including up to two additional oneyear periods upon a writing executed by the City Manager and City Attorney (Agreement No. 2023XXX).
5. Determine the recommended actions are exempt for further review in accordance with the California Environmental Quality Act as Categorical Exemption Environmental Review No. ER202331 was filed for Project 182681.
16. Approve Agreements with Hillsborough Fence Company, J & A Engineering Corporation, and Quality Fence Co. Inc., for a Total Amount Not to Exceed $3,000,000, for up to a FiveYear Term for AsNeeded Installation, Maintenance, and Repair for Fencing and Gate Services (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute agreements with Hillsborough Fence Company, J & A Engineering Corporation, and Quality Fence Co.
Inc. to provide oncall installation, maintenance, and repair for fencing and gates, for a shared aggregate amount not to exceed $3,000,000 for a threeyear term beginning April 18, 2023 and expiring April 18, 2026, with provisions for two, oneyear extensions, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2023XXX).
17. Approve Agreements with AESCO, Inc., Kleinfelder, Inc., and RMA Group, Inc., for a Total Amount Not to Exceed $2,950,000, for OnCall Material Testing and Special Inspection Services (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Authorize the City Manager to execute a Caltrans federally procured agreement with AESCO, Inc., Kleinfelder, Inc., and RMA Group, Inc. to provide OnCall Material Testing and Special Inspection Services, for a shared aggregate amount not to exceed $950,000, for a term beginning April 18, 2023 and expiring July 5, 2024, with provisions for two, oneyear extensions, subject to non substantive changes approved by the City Manager and City Attorney (Agreement No. 2023XXX).
2. Authorize the City Manager to execute the first amendment to the standard agreement with AESCO, Inc., Kleinfelder, Inc., and RMA Group, Inc. to provide OnCall Material Testing and Special Inspection Services, and increase the contract amount by $1,000,000 for a total amount not to exceed $2,000,000, for the remaining term through July 5, 2024, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2023XXX).
18. Approve First Amendment to Agreement with Elite Special Events, Inc. to Increase the NottoExceed Amount by $20,000 per Year through June 30, 2023, for a Total Agreement Amount of $38,050, to Provide Event Equipment and Services at Various City Events (General Fund)
Department(s): Parks, Recreation, and Community Services Recommended Action: Authorize the City Manager to execute the first amendment to the agreement with Elite Special Events to provide event equipment and services for various City events, to increase the amount by $20,000, for a total nottoexceed amount of $38,050, through June 30, 2023, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2023XXX).
19. Historic Property Preservation Agreement
Department(s): Planning and Building Agency
Recommended Action: Authorize the City Manager or designee to execute the attached Mills Act agreement with the belowreferenced property owners for the identified structure(s), subject to nonsubstantive changes approved by the City Manager and City Attorney (includes determination that the proposed project is exempt from further review in accordance with the California Environmental Quality Act (CEQA) as the following Categorical Exemption will be filed for this project: ER No. 202310).
Property Owner(s), Historic Property Preservation Agreement No., Address/House, Vote by HRC
Brian and Krystle Newquist, 202301, 2311 N. Benton Way, 8:1:0:0 (Murashie dissented) (Agreement No. 2023XXX)
20. Adopt a Resolution to Authorize the City Manager to Accept the California Automated Permit Processing Program Grant in the Amount of $100,000 and Execute the Grant Agreement with the State of California Energy Commission, and Approve an Appropriation Adjustment Recognizing Funds
Department(s): Planning and Building Agency
Recommended Action: 1. Adopt Resolution No. 2023XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE RECEIPT OF FUNDS FROM THE CALIFORNIA ENERGY COMMISSION FOR THE CALIFORNIA AUTOMATED PERMIT PROCESSING PROGRAM(includes determination that the proposed action is exempt from further review pursuant to Section 15061(b) (3) of the California Environmental Quality Act (CEQA) and the CEQA Guidelines as there is no potential for any environmental impact).
2. Approve an appropriation adjustment recognizing the CalAPP grant funds, in the amount of $100,000, to revenue account number and appropriate same to expenditure account numbers. (Requires five affirmative votes) **END OF CONSENT CALENDAR**
BUSINESS CALENDAR
21. First Reading of an Ordinance to Amend Section 86 of the Santa Ana Municipal Code (SAMC) Pertaining to License Requirements of Contractors and Subcontractors to Include the Collection and Disclosure of Information Regarding Pending or Prior Enforcement Actions for any State or Federal Labor Violations (Revised 4/12/23)
Department(s): Planning and Building Agency
Recommended Action: Conduct a first reading of Ordinance Amendment No. 2023 02 – An ordinance of the City Council of the City of Santa Ana amending Section 86 of the Santa Ana Municipal Code (SAMC) pertaining to license requirements of contractors and subcontractors to include the collection and disclosure of information regarding pending or prior enforcement actions for any state or federal labor violations.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SANTA ANA MUNICIPAL CODE SECTION 86 RELATING TO LICENSE REQUIREMENTS OF CONTRACTORS AND SUBCONTRACTORS (includes determination that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, as there is no possibility it will have a significant effect on the environment, and it is not a “project,” as defined in Section 15378 of the CEQA Guidelines).
22. Early Direction for Fiscal Year 202324 Budget Cycle Department(s): Finance and Management Services
Recommended Action: Provide early budget direction to staff for the upcoming fiscal year.
23. Resolution Declaring the Termination of Local Emergency Regarding the COVID19 Pandemic
Department(s): City Manager’s Office
Recommended Action: Adopt Resolution No. 2023XXX
A RESOLUTION OF THE SANTA ANA CITY COUNCIL DECLARING THE TERMINATION OF THE PROCLAMATION OF A LOCAL EMERGENCY
REGARDING THE CORONAVIRUS (COVID19) PANDEMIC
24. Resolution Declaring Opposition to Assembly Bill 742 (Jackson) Department(s): City Manager’s Office
Recommended Action: Adopt Resolution No. 2023XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA OPPOSING CALIFORNIA ASSEMBLY BILL 742 (JACKSON)
**END OF BUSINESS CALENDAR**
WORK STUDY SESSION
25. Sunshine Ordinance Amendments Work Study Session
Department(s): Planning and Building Agency
Recommended Action: Discuss and provide direction to staff.
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.
1. April 12–14, 2023 Mayor Amezcua – League of California Cities City Leaders Summit in Sacramento, CA
ADJOURNMENT – Adjourn the City Council meeting.
Future Items
1. Budget – Work Study Session
City Council
13 4/18/2023
City Council Meeting Packet (Revised 4/12/23)
April 18, 2023
SPECIAL CLOSED SESSION MEETING – 4:30 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 two (2) hours before the scheduled start 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 4:30 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 4:00 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL BY 4:30 p.m.
Speakers who are not in the speaker queue by 4:30 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 4:00 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.
TRANSLATION SERVICES Spanish interpreting services are provided at City Council meetings. Simultaneous Spanish interpretation is provided through the use of headsets and consecutive interpretation (SpanishtoEnglish) in addition to those wishing to address the City Council at the podium.
La ciudad provee servicios de interpretación al español en las juntas del Concilio.
La interpretación simultánea al español se ofrece por medio del uso de audífonos y la interpretación consecutiva (español a inglés) también está disponible para cualquiera que desee dirigirse al concilio municipal en el podio.
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
ADDITIONS\DELETIONS TO CLOSED SESSION
PUBLIC COMMENTS – Members of the public may address the City Council on Closed Session items.
RECESS – City Council will recess to Closed Session for the purpose of conducting regular City business.
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. Candelario Jalomo v. City of Santa Ana, et al., Orange County Superior Court, Case No. 30201901118103CUWTCJC
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
3. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(California Government Code Section 54947(b)(1))
Title: City Manager
4. CONFERENCE WITH LABOR NEGOTIATOR
(California Government Code Section 54957.6)
Unrepresented Employee: City Manager
RECONVENE – City Council will reconvene to continue regular City business.
CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed Session.
ADJOURNMENT – Adjourn the Special Closed Session meeting.
CITY COUNCIL REGULAR OPEN 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
PLEDGE OF ALLEGIANCE Mayor Amezcua
WORDS OF INSPIRATION Juan Plascencia
ADDITIONS\DELETIONS TO THE AGENDA
CEREMONIAL PRESENTATIONS
1. Certificate of Recognition presented by Mayor Amezcua to Selina Mendez for Outstanding Contributions to the Community.
2. Proclamation presented by Mayor Pro Tem Lopez and Councilmember Vazquez to Southern California Coalition for Occupational Safety & Health declaring April 28, 2023 as Workers’ Memorial Day. (Revised 4/12/23)
3. Certificates of Recognition presented by Councilmember Bacerra and Councilmember Penaloza to the 2023 Santa Ana Police Athletic & Activity League Ladybug Champions for their Exceptional Athletic Performance.
4. Certificates of Recognition presented by Councilmember Penaloza to the Santa Ana Police Department’s 2023 Distinguished Service Medal Recipient, Detective Joshua Espadas, and Uniformed Officer of the Year, Officer Dominic Dominguez.
5. Proclamation presented by Councilmember Phan to Boat People SOS Center for Community Advancement declaring April 30 as Black April.
STAFF PRESENTATIONS
6. Homelessness Update
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: 7 through 20.
7. Excused Absences
Department(s): City Clerk’s Office
Recommended Action: Excuse the absent members.
8. Minutes from the Special Closed Session and Regular Meeting of September 20, 2022 Department(s): City Clerk’s Office
Recommended Action: Approve minutes.
9. Appoint Nadin Said Nominated by Councilmember Bacerra as the Ward 4 Representative to the Police Oversight Commission for a FullTerm Expiring December 8, 2026
Department(s): City Clerk’s Office
Recommended Action: Appoint Nadin Said to the Police Oversight Commission as the Ward 4 representative and administer Oath of Office.
10. Award a Purchase Order to Siemens Industry, Inc. in the Amount of $400,000 to Automate Heating, Ventilation, and Air Conditioning (HVAC) Building Controls at the Ross Annex (Specification No. 23047) (General Fund)
Department(s): Public Works Agency
Recommended Action: Authorize a onetime purchase order and payment to Siemens Industry, Inc. for the automation of HVAC building controls on the third and fourth floors of the Ross Annex Building in the amount of $356,538, plus a contingency of $43,462 for a total amount not to exceed $400,000, subject to nonsubstantive changes approved by the City Manager and City Attorney.
11. Award Purchase Order to Matthews Specialty Vehicles, in the Amount of $439,922, for an F59 Ford Chassis Book Mobile Conversion Vehicle (Specification No. 23013) (General Fund and Cannabis Public Benefits Fund)
Department(s): Public Works Agency and Library Services Agency Recommended Action: Authorize a onetime purchase and payment to Matthews Specialty Vehicles for a 2023 F9 Ford chassis book mobile conversion, in the amount of $414,922, plus a contingency of $25,000 for a total amount not to exceed $439,922, subject to nonsubstantive changes approved by the City Manager and City Attorney.
12. Authorize a OneTime Appropriation Adjustment of $500,000 Using General Funds Balance to Increase the FY 202223 Annual Amount for Asphalt Pothole Repair by $300,000, and the Remaining $200,000 Will be Issued Through Emergency Purchase Order Procedures to Quickly Improve Service Levels For Pothole Repairs (Specification No. 18092) (General Fund)
Department(s): Public Works Agency
Recommended Action: 1. Authorize a onetime appropriation of $500,000 using General Fund balance to 01117017 Public Works Service Enhancements for FY 202223 Roadway Maintenance. (Requires five affirmative votes)
2. Approve an amendment to the Purchase Order Contract with All American Asphalt for asphalt pothole repair to increase the current term by $300,000, for a total annual amount not to exceed $1,200,000, and add one, twoyear renewal term to the purchase order exercisable by the City Manager and City Attorney, subject to non substantive changes approved by the City Manager and City Attorney.
13. Award a Construction Contract to Diamond Construction & Design in the Amount of $1,374,150 for the Kennedy Elementary and Villa Fundamental Intermediate Safe Route to School (SRTS) Project With an Estimated Project Delivery Cost of $1,659,049 (Project No. 206963, ATPSB1L5063(199) (General and NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Approve an amendment to the Fiscal Year 202223 Capital Improvement Program to include $130,000 of funding in General Fund for the Kennedy Elementary and Villa Fundamental Intermediate SRTS.
2. Authorize the reallocation of unspent Measure M2 Local Fairshare funds from various projects; $128,316 from Bike Lane Project Development, $84,733 from Traffic Safety Project Development, and $25,000 from the Jackson Elementary Improvements Project, for a total of $238,047 to the Kennedy Elementary and Villa Fundamental Intermediate SRTS Project to complete the project’s funding requirement.
3. Award a construction contract to Diamond Construction & Design, the lowest responsible bidder, in accordance with the base bid in the amount of $1,374,150, for construction of the Kennedy Elementary and Villa Fundamental Intermediate SRTS Project, for the term beginning April 18, 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.
4. Approve the Project Cost Analysis for a total estimated construction delivery cost of $1,659,049, which includes $1,374,150 for the construction contract, $147,484 for contract administration, inspection, and testing; and a $137,415 project contingency for unanticipated or unforeseen work.
5. Determine that the recommended actions are exempt from further review in accordance with the California Environmental Quality Act as Categorical Exemption Environmental Review No. ER202096 was filed for Project 206963.
14. Approve Additional Contingency Funds for an Existing Construction Contract with HYM Engineering, in the Amount of $1,198,427, for the Santa Ana Zoo Giant River Otter and Primate Trials Project with an Estimated Project Delivery Cost of $7,798,427 (Project No. 162658) (General and NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: 1. Approve an amendment to the Project Cost Analysis to recognize $1,198,427 for $1,056,880 in additional contingency funds and $141,547 in additional contract administration, inspection, and testing for a new estimated total construction delivery cost of $7,798,427. The new estimated total construction delivery costs include $5,289,238 for the construction contract, $923,385 for contract administration, inspection, testing, and a $1,585,804 project contingency for unanticipated or unforeseen work, subject to nonsubstantive changes approved by the City Manager and City Attorney.
2. Approve an amendment to the Fiscal Year 202223 Capital Improvement Program for $1,198,427.
15. Award a Construction Contract to CJW Construction, Inc. in the Amount of $4,942,135, Approve an Amendment to the Fiscal Year 202223 CIP, and Approve Amendment to the Agreement with J. Smith & T. Muli, Inc. to Increase the Contract for the Centennial Lake Circulation Renovation Project with an Estimated Total Delivery Cost of $6,179,135 (Project No. 182681) (Revive Santa Ana program) Department(s): Public Works Agency
Recommended Action: 1. Approve an amendment to the Fiscal Year 202223 Capital Improvement Program to include $1,342,240 of funding in American Rescue Plan Funds for the Centennial Lake Circulation Renovation project.
2. Award a construction contract to CJW Construction, Inc., the lowest responsive and responsible bidder, in accordance with the base bid in the amount of $4,942,135, for the construction of the Centennial Lake Circulation Renovation Project, for a term beginning April 18, 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 $6,179,135, which includes $4,942,135 for the construction contract; $742,000 for contract administration, inspection, and testing; and a $495,000 project contingency for unanticipated or unforeseen work.
4. Authorize the City Manager to execute the first amendment to the agreement with J.
Smith & T. Muli, Inc. to increase the Contract Amount by $11,500, for a total amount not to exceed $61,391, for lake engineering and construction services for the remaining term of the agreement, beginning May 20, 2022 through December 31, 2023, including up to two additional oneyear periods upon a writing executed by the City Manager and City Attorney (Agreement No. 2023XXX).
5. Determine the recommended actions are exempt for further review in accordance with the California Environmental Quality Act as Categorical Exemption Environmental Review No. ER202331 was filed for Project 182681.
16. Approve Agreements with Hillsborough Fence Company, J & A Engineering Corporation, and Quality Fence Co. Inc., for a Total Amount Not to Exceed $3,000,000, for up to a FiveYear Term for AsNeeded Installation, Maintenance, and Repair for Fencing and Gate Services (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute agreements with Hillsborough Fence Company, J & A Engineering Corporation, and Quality Fence Co.
Inc. to provide oncall installation, maintenance, and repair for fencing and gates, for a shared aggregate amount not to exceed $3,000,000 for a threeyear term beginning April 18, 2023 and expiring April 18, 2026, with provisions for two, oneyear extensions, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2023XXX).
17. Approve Agreements with AESCO, Inc., Kleinfelder, Inc., and RMA Group, Inc., for a Total Amount Not to Exceed $2,950,000, for OnCall Material Testing and Special Inspection Services (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Authorize the City Manager to execute a Caltrans federally procured agreement with AESCO, Inc., Kleinfelder, Inc., and RMA Group, Inc. to provide OnCall Material Testing and Special Inspection Services, for a shared aggregate amount not to exceed $950,000, for a term beginning April 18, 2023 and expiring July 5, 2024, with provisions for two, oneyear extensions, subject to non substantive changes approved by the City Manager and City Attorney (Agreement No. 2023XXX).
2. Authorize the City Manager to execute the first amendment to the standard agreement with AESCO, Inc., Kleinfelder, Inc., and RMA Group, Inc. to provide OnCall Material Testing and Special Inspection Services, and increase the contract amount by $1,000,000 for a total amount not to exceed $2,000,000, for the remaining term through July 5, 2024, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2023XXX).
18. Approve First Amendment to Agreement with Elite Special Events, Inc. to Increase the NottoExceed Amount by $20,000 per Year through June 30, 2023, for a Total Agreement Amount of $38,050, to Provide Event Equipment and Services at Various City Events (General Fund)
Department(s): Parks, Recreation, and Community Services Recommended Action: Authorize the City Manager to execute the first amendment to the agreement with Elite Special Events to provide event equipment and services for various City events, to increase the amount by $20,000, for a total nottoexceed amount of $38,050, through June 30, 2023, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2023XXX).
19. Historic Property Preservation Agreement
Department(s): Planning and Building Agency
Recommended Action: Authorize the City Manager or designee to execute the attached Mills Act agreement with the belowreferenced property owners for the identified structure(s), subject to nonsubstantive changes approved by the City Manager and City Attorney (includes determination that the proposed project is exempt from further review in accordance with the California Environmental Quality Act (CEQA) as the following Categorical Exemption will be filed for this project: ER No. 202310).
Property Owner(s), Historic Property Preservation Agreement No., Address/House, Vote by HRC
Brian and Krystle Newquist, 202301, 2311 N. Benton Way, 8:1:0:0 (Murashie dissented) (Agreement No. 2023XXX)
20. Adopt a Resolution to Authorize the City Manager to Accept the California Automated Permit Processing Program Grant in the Amount of $100,000 and Execute the Grant Agreement with the State of California Energy Commission, and Approve an Appropriation Adjustment Recognizing Funds
Department(s): Planning and Building Agency
Recommended Action: 1. Adopt Resolution No. 2023XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE RECEIPT OF FUNDS FROM THE CALIFORNIA ENERGY COMMISSION FOR THE CALIFORNIA AUTOMATED PERMIT PROCESSING PROGRAM(includes determination that the proposed action is exempt from further review pursuant to Section 15061(b) (3) of the California Environmental Quality Act (CEQA) and the CEQA Guidelines as there is no potential for any environmental impact).
2. Approve an appropriation adjustment recognizing the CalAPP grant funds, in the amount of $100,000, to revenue account number and appropriate same to expenditure account numbers. (Requires five affirmative votes) **END OF CONSENT CALENDAR**
BUSINESS CALENDAR
21. First Reading of an Ordinance to Amend Section 86 of the Santa Ana Municipal Code (SAMC) Pertaining to License Requirements of Contractors and Subcontractors to Include the Collection and Disclosure of Information Regarding Pending or Prior Enforcement Actions for any State or Federal Labor Violations (Revised 4/12/23)
Department(s): Planning and Building Agency
Recommended Action: Conduct a first reading of Ordinance Amendment No. 2023 02 – An ordinance of the City Council of the City of Santa Ana amending Section 86 of the Santa Ana Municipal Code (SAMC) pertaining to license requirements of contractors and subcontractors to include the collection and disclosure of information regarding pending or prior enforcement actions for any state or federal labor violations.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SANTA ANA MUNICIPAL CODE SECTION 86 RELATING TO LICENSE REQUIREMENTS OF CONTRACTORS AND SUBCONTRACTORS (includes determination that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, as there is no possibility it will have a significant effect on the environment, and it is not a “project,” as defined in Section 15378 of the CEQA Guidelines).
22. Early Direction for Fiscal Year 202324 Budget Cycle Department(s): Finance and Management Services
Recommended Action: Provide early budget direction to staff for the upcoming fiscal year.
23. Resolution Declaring the Termination of Local Emergency Regarding the COVID19 Pandemic
Department(s): City Manager’s Office
Recommended Action: Adopt Resolution No. 2023XXX
A RESOLUTION OF THE SANTA ANA CITY COUNCIL DECLARING THE TERMINATION OF THE PROCLAMATION OF A LOCAL EMERGENCY
REGARDING THE CORONAVIRUS (COVID19) PANDEMIC
24. Resolution Declaring Opposition to Assembly Bill 742 (Jackson) Department(s): City Manager’s Office
Recommended Action: Adopt Resolution No. 2023XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA OPPOSING CALIFORNIA ASSEMBLY BILL 742 (JACKSON)
**END OF BUSINESS CALENDAR**
WORK STUDY SESSION
25. Sunshine Ordinance Amendments Work Study Session
Department(s): Planning and Building Agency
Recommended Action: Discuss and provide direction to staff.
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.
1. April 12–14, 2023 Mayor Amezcua – League of California Cities City Leaders Summit in Sacramento, CA
ADJOURNMENT – Adjourn the City Council meeting.
Future Items
1. Budget – Work Study Session
City Council
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City Council
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CITY COUNCIL 1 SEPTEMBER 20, 2022
DRAFT Minutes of the Special Closed Session
and Regular Meeting of the City Council
City of Santa Ana, California
September 20, 2022
SPECIAL CLOSED SESSION MEETING – 4:00 P.M.
REGULAR OPEN MEETING – 5:45 P.M.
(Immediately following the Closed Session
Meeting)
CITY COUNCIL CHAMBER
22 Civic Center Plaza Santa Ana, CA 92701
SPECIAL CLOSED SESSION
CALL TO ORDER
ATTENDANCE Council Members Johnathan Ryan Hernandez Jessie Lopez
Nelida Mendoza
David Penaloza
Thai Viet Phan
Mayor Pro Tem Phil Bacerra
Mayor Vicente Sarmiento
City Manager Kristine Ridge
City Attorney Sonia R.Carvalho
Acting Clerk of the Norma Orozco
Council
MINUTES: Mayor Sarmiento called the Special Closed Session meeting to order at 4:08 P.M.
City Council
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CITY COUNCIL 2 SEPTEMBER 20, 2022
ROLL CALL
MINUTES: Acting Clerk of the Council Norma Orozco conducted roll Call. Councilmember Hernandez joined the meeting at 4:15 P.M. and Councilmember Penaloza joined the meeting at 4:17 P.M.
Councilmembers Hernandez, Lopez, Phan, Mayor Pro Tem Bacerra, and Mayor Sarmiento were present in person. Councilmember Mendoza and Councilmember Penaloza attended via teleconference.
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 – PENDING LITIGATION
pursuant to Paragraph (4) of subdivision (d) of Section 54956.9 of the Government Code:
A. Robert Anthony Sanchez v. City of Santa Ana, Zachary Jezulin, et al., Orange County Superior Court Case No. 30202001159214CUPANJC
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)
Santa Ana Police Management Association (PMA)
Service Employees’ International Union (SEIU) FullTime Employees Service Employees’ International Union (SEIU) PartTime NonCivil Service Employees
Confidential Association of Santa Ana
(CASA) Santa Ana Management
Association (SAMA)
3. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Pursuant to
Government Code Section 54957
Title: City Attorney and City Manager
4. PUBLIC EMPLOYEE EMPLOYMENT/APPOINTMENT pursuant to
Government Code 54957
Title: Clerk of the Council, Acting Clerk of the Council, or Interim Clerk of the Council
City Council
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CITY COUNCIL 3 SEPTEMBER 20, 2022
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.
MINUTES: Mayor Sarmiento recessed to consider item(s) on the Special Closed Session Agenda at 4:10 P.M.
RECONVENE – City Council will reconvene to continue regular City business.
CITY COUNCIL REGULAR OPEN SESSION
CALL TO ORDER
MINUTES: Mayor Sarmiento called the Regular Open Session to order at 6:00 P.M.
ROLL CALL
MINUTES: Acting Clerk of the Council Norma Orozco conducted roll call, all members were present. Councilmember Hernandez, Councilmember Lopez, Councilmember Phan, Mayor Pro Tem Bacerra, and Mayor Sarmiento were present in person. Councilmember Mendoza and Councilmember Penaloza attended via teleconference.
PLEDGE OF ALLEGIANCE Mayor Sarmiento
MINUTES: Mayor Pro Tem Bacerra led the Pledge of Allegiance.
WORDS OF INSPIRATION Miguel Hernandez
CEREMONIAL PRESENTATIONS
1. Certificates of Recognition presented by Mayor Sarmiento to the Santa Ana Unified School District Speech and Debate Team for Exemplary Academic Achievements.
2. Proclamation presented by Councilmember Hernandez declaring September 28, 2022 as a Day to Remember Victims of Police Violence.
3. Certificate of Recognition presented by Councilmember Lopez to the Bicycle Tree for Outstanding Contributions to the Community.
4. Certificates of Recognition presented by Councilmember Mendoza to Denise Naranjo and Manny Ruelas for Outstanding Contributions to the Community.
City Council
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CITY COUNCIL 4 SEPTEMBER 20, 2022
STAFF PRESENTATIONS
5. Homelessness Update
MINUTES: Assistant City Manager Steven Mendoza provided a brief presentation of the following;
Quality of Life Team
Homeless Navigation Center update
Transitioning from homeless to housed in Santa Ana
CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed Session.
MINUTES: City Attorney Sonia Carvalho stated there was no reportable action.
Additionally, the Public Employee Evaluation for the City Manager and City Attorney was postponed, pending City Manager Kristine Ridge’s return.
PUBLIC COMMENT – Public comments will be held during the beginning of the meeting for ALL comments on agenda and nonagenda items, except for public hearings. Comments for public hearings will take place after the hearing is opened.
MINUTES: Fernando Delgado spoke in opposition to Item 21 and provided various other comments.
Hector Bustos spoke in opposition to Item 21.
Jackie Barnett spoke in opposition to Item 21 and Lexipol’s policies.
Victor Mendez spoke regarding police violence and accountability for all Santa Ana employees.
Deanna Sullivan spoke in opposition to Item 21 and provided comments regarding her personal experience with police policy.
Sam Sullivan spoke in opposition to Item 21 and police accountability.
The following speakers addressed Council via teleconference:
Jennifer Rojas, policy advocate and organizer with the American Civil Liberties Union Southern California, spoke in opposition to Item 21.
Benjamin Vasquez spoke regarding police accountability and in opposition to Item
21. City Council
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CITY COUNCIL 5 SEPTEMBER 20, 2022
RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 6 through 24.
MINUTES: Item 12 was pulled by Mayor Pro Tem Bacerra and Item 21 was pulled by Councilmember Hernandez for separate discussion and consideration.
Consent Calendar Moved by Councilmember Hernandez, seconded by Councilmember Lopez to approve Consent Calendar Items 6 through 24 with the exception of Items 12 and 21.
YES: 6 – Councilmember Hernandez, – Councilmember Lopez, – Councilmember Mendoza, – Councilmember Phan, – Mayor Pro Tem Bacerra, – Mayor Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 1 – Councilmember Penaloza
Status: 6 – 0 – 0 – 1 – Pass
At 10:49 P.M. Councilmember Penaloza requested to reconsider the Consent Calendar.
Moved by Mayor Pro Tem Bacerra, seconded by Councilmember Phan to reconsider Consent Calendar Items 6 through 24 with the exception of Items 12 and 21.
YES: 4 – Councilmember Lopez, – Councilmember Mendoza, – Councilmember Phan, – Mayor Pro Tem Bacerra, – Sarmiento, Mayor
NO: 0
ABSTAIN: 1 –Penaloza, Councilmember
ABSENT: 1 – Hernandez, Councilmember
Status: 4 – 0 – 1 – 1 – Pass
Moved by Mayor Pro Tem Bacerra, seconded by Councilmember Phan to approve Consent Calendar Items 6 through 24 with the exception of Items 12 and 21.
YES: 7 – Councilmember Hernandez, – Councilmember Lopez, – Councilmember Mendoza, – Councilmember Penaloza, – Councilmember Phan, – Mayor Pro Tem Bacerra, – Mayor Sarmiento
NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
CONSENT CALENDAR
City Council
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CITY COUNCIL 6 SEPTEMBER 20, 2022
6. Excused Absences
Department(s): Clerk of the Council Office
Recommended Action: Excuse the absent members.
7. Orange County Grand Jury’s Investigative Report, Findings, and Recommendations regarding Lack of California Redemption Value (CRV) Centers
Department(s): Public Works Agency
Recommended Action: Receive and file the Orange County Grand Jury’s investigative report, findings, and recommendations regarding Orange County CRV Centers and authorize the City Manager to deliver the City’s response to the findings and recommendations to the Presiding Judge of the Superior Court.
8. Orange County Grand Jury’s Investigative Report, Findings and Recommendations Regarding “Water in Orange County Needs One Voice” Department(s): Public Works Agency
Recommended Action: Receive and file the Orange County Grand Jury’s report, findings and recommendations regarding wholesale water policy and operations in Orange County needing “One Voice” and authorize the City Manager to deliver the City’s response to the findings and recommendations to the Presiding Judge of the Superior Court.
9. Approve Appropriation Adjustment to Carryover Unspent Amounts From Fiscal Year 202122 to Fiscal Year 202223
Department(s): Finance and Management Services
Recommended Action: 1. Approve an Appropriation Adjustment to reduce the FY 202122 budget for unspent amounts to be carried over to FY 202223. (Requires five affirmative votes)
2. Approve an Appropriation Adjustment to increase the FY 202223 budget for amounts carried forward from FY 202122. (Requires five affirmative votes)
10. Approve Additional Contingency Funds in the Amount of $5,000,000 for an Existing Construction Contract with ByromDavey Inc. for the Santa Anita Park Improvements including New Synthetic Soccer Field and Community Center Renovations with an Estimated Project Delivery Cost of $14,513,011.30 (Project No. 197527) (Non General Fund) (Revive Santa Ana Program) Department(s): Public Works Agency
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CITY COUNCIL 7 SEPTEMBER 20, 2022
Recommended Action: 1. Approve an amendment to the Project Cost Analysis in the amount of $5,000,000 in additional contingency funds for a total estimated construction delivery cost of $14,513,011.30, which includes $7,317,701.00 for the construction contract; $731,770.10 for contract administration, inspection and testing; and a $6,463,540.20 project contingency for unanticipated or unforeseen work, subject to nonsubstantive changes approved by the City Manager and City Attorney.
2. Approve an amendment to the Fiscal Year 202223 Capital Improvement Program to include $5,000,000 in construction funds for Santa Anita Park Improvements and New Synthetic Soccer Field (Project No. 197527).
11. Approve an Appropriation Adjustment, Approve an Amendment to the FY 202223 Capital Improvement Program, and Award a Construction Contract to EBS General Engineering, Inc. in the Amount of $1,066,714.35 for the Flower Street Bike Trail Renovation from Crossover (South of Dyer) to Warner Avenue Project, with an Estimated Project Delivery Cost of $1,386,728.65 (Project No. 212740) (Non General Fund)
Department(s): Public Works Agency
Recommended Action: 1. Approve an appropriation adjustment to recognize $497,925.15 of prior year fund balance in the Park Acquisition and Development (District 3), Prior Year Carryforward revenue account and appropriate the same amount to the Park Acquisition and Development (District 3), Improvements Other Than Building expenditure account. (Requires five affirmative votes)
2. Approve an amendment to the FY 202223 Capital Improvement Program to include $497,925.15 in construction funds for the Flower Street Bike Trail Renovation from Crossover (South of Dyer) to Warner Avenue Project (Project No. 212740).
3. Award a construction contract to EBS General Engineering, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $1,066,714.35, for construction of the Flower Street Bike Trail Renovation from Crossover (South of Dyer) to Warner Avenue Project, for the term beginning September 20, 2022, 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.
4. Approve the Project Cost Analysis for a total estimated construction delivery cost of
$1,386,728.65, which includes $1,066,714.35 for the construction contract, $160,007.15 for contract administration, inspection and testing, and a $160,007.15 project contingency for unanticipated or unforeseen work.
City Council
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CITY COUNCIL 8 SEPTEMBER 20, 2022
12. Approve an Appropriation Adjustment and Award a Construction Contract to Environmental Construction, Inc. for the Well No. 29 Improvements Project in the Amount of $6,765,290, with an Estimated Project Delivery Cost of $8,456,612 (Project No. 186491) (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: 1. Approve an appropriation adjustment to recognize $2,502,612 of prioryear fund balance 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. Award a construction contract to Environmental Construction Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $6,765,290, for construction of the Well No. 29 Improvements Project, for the term beginning September 20, 2022, 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 $8,456,612, which includes $6,765,290 for the construction contract, $676,529 for contract administration, inspection and testing, and a $1,014,793 project contingency for unanticipated or unforeseen work.
4. Approve an amendment to the FY 202223 Capital Improvement Program to include $2,502,612 in construction funds for the Well No. 29 Improvement Project (Project No. 186491).
Moved by Mayor Pro Tem Bacerra, seconded by Councilmember Hernandez to approve recommended action.
YES: 6 – Councilmember Hernandez, – Councilmember Lopez, – Councilmember Mendoza, – Councilmember Phan, – Mayor Pro Tem Bacerra, – Mayor Sarmiento
NO: 0
ABSTAIN: 0
ABSENT: 1 – Councilmember Penaloza
Status: 6 – 0 – 0 – 1 – Pass
13. Approve an Appropriation Adjustment and Agreement for the Sale of Land from the City, Generating $250,000 in Revenue for Bristol Street Corridor Improvement Project (NonGeneral Fund)
Department(s): Public Works Agency
City Council
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CITY COUNCIL 9 SEPTEMBER 20, 2022
Recommended Action: 1. Approve an appropriation adjustment recognizing revenue in the amount of $250,000 in the Select Street Construction Fund, Sale of Land revenue account for Fiscal Year 202223 and appropriating the same to the OCTA Bristol Street Corridor Improvements, Improvements Other Than Building expenditure account. (Requires five affirmative votes)
2. Authorize the City Manager to execute a purchase and sale agreement with Charles H. Mahn Family Trust for the sale of Cityowned property located at 515 and 517 N Bristol Street (APNs 00808126 and 00808128) in the amount of $250,000, subject to nonsubstantive changes approved by the City Manager and the City Attorney (Agreement No. 2022179).
14. Award a Construction Contract to Meyers Construction Co. in the amount of $1,930,000 for the Santa Ana City Hall Second, Fifth, and Eighth Floor Tenant Improvement FY 202122 Project with an Estimated Project Delivery Cost of $2,512,500 (Project No. 221201, 212750 & 220501) (General and NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Award a construction contract to Meyers Construction Co., the lowest responsible bidder, in accordance with the base bid in the amount of $1,930,000 for construction of the Santa Ana City Hall Second, Fifth, and Eighth Floor Tenant Improvement FY 202122, for the term beginning September 20, 2022 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 $2,512,500, which includes $1,930,000 for the construction contract, $193,000 for contract administration, inspection and testing, and a $389,500 project contingency for unanticipated or unforeseen work.
3. Approve an amendment to the Fiscal Year 202122 Capital Improvement Program to include $2,512,500 in construction funds for Santa Ana City Hall Second and Fifth Floor Tenant Improvement Project (No. 221201, 212750 & 220501).
15. Amend Agreement with Valley Maintenance Corporation for Custodial Services of City Park Restrooms and Park Buildings, Increasing the Annual amount by $200,000, Not to Exceed $694,095 for Four Years, and Total Agreement Amount of $1,976,380 (General Fund)
Department(s): Public Works Agency
City Council
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CITY COUNCIL 10 SEPTEMBER 20, 2022
Recommended Action: Authorize the City Manager to execute an amendment to the agreement with Valley Maintenance Corporation to increase custodial services of City Park Restrooms, and Park Buildings for an annual amount not to exceed $694,095, for the remaining term from September 20, 2022 through May 3, 2026, and a total agreement amount of $1,976,380, subject to nonsubstantive changes approved by the City Manager and the City Attorney (Agreement No. 2022180).
16. Amend Agreement with Landscape West Management Services Inc. to Increase the Annual Contract amount by $215,000 for Enhanced Landscape Maintenance Services for the Remaining Term of the Agreement (General Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute an amendment to the agreement with Landscape West Management Services Inc. for increased landscape maintenance services, increasing the compensation amount annually by $215,000, for an annual amount not to exceed $895,819.00 for the remaining term from September 20, 2022 through January 31, 2024, and not to exceed the total agreement amount of $2,866,605.60, subject to nonsubstantive changes approved by the City Manager and the City Attorney (Agreement No. 2022181)
17. Approve an Agreement with PlaceWorks, Inc. for Design Services for a New Outdoor Library at Jerome Park in an Amount Not to Exceed $309,150 for a ThreeYear Term (Project No. 221381) (NonGeneral Fund) (Revive Santa Ana Program)
Department(s): Public Works Agency, Library
Recommended Action: Authorize the City Manager to execute an agreement with PlaceWorks, Inc. for full Design Services for Santa Ana’s New Outdoor Library at Jerome Park in the amount of $281,046 with a contingency of $28,104 for a total amount nottoexceed $309,150. The agreement is for a threeyear term beginning September 20, 2022 and expiring September 19, 2025, with an option for two, one year extensions, subject to nonsubstantive changes approved by the City Manager and the City Attorney (Agreement No. 2022182).
18. Authorize an Offer and Agreement to Purchase in the Amount of $255,000 for Bridge and Roadway Easement for Fairview Bridge Replacement and Street Improvements (Property Owner: Orange County Flood Control District) (Project No. 156827) (Non General Fund)
Department(s): Public Works Agency
City Council
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CITY COUNCIL 11 SEPTEMBER 20, 2022
Recommended Action: Authorize the City Manager to execute a purchase agreement with property owner of Orange County Flood Control District (OCFCD) for the easement purchase located at Fairview Street Bridge over Santa Ana River in the amount of $255,000, subject to nonsubstantive changes approved by the City Manager and the City Attorney (Agreement No. 2022183).
19. Approve a License Agreement with the County of Orange for use of Ross Street Rightof Way for Building Overhangs
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute a license agreement with the County of Orange, a political subdivision of the State of California, for use of public rightofway to accommodate overhangs for two County buildings within Ross Street between Santa Ana Boulevard and Civic Center Drive, subject to non substantive changes approved by the City Manager and the City Attorney (Agreement No. 2022184).
20. Approve Agreements with Townsend Public Affairs, Inc., Engineering Solutions Services, Inc., and MNS Engineers, Inc. for OnCall Grant Writing Services for a Total Amount Not to Exceed $2,375,000 for up to a FiveYear Term (General and Non General Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute agreements with Townsend Public Affairs, Inc., Engineering Solutions Services, Inc., and MNS Engineers, Inc. to provide oncall grant writing and grant management services, for a threeyear period beginning September 20, 2022 and expiring September 19, 2025, with provisions for one, twoyear renewal period exercisable by the City Manager and City Attorney, with a shared aggregate amount not to exceed of $2,375,000 subject to nonsubstantive changes approved by the City Manager and the City Attorney (Core Agreement No. 2022185).
21. Approve Agreement with Lexipol, LLC to Provide Policy Manual Maintenance and Support (General and NonGeneral Fund)
Department(s): Police Department
Recommended Action: Authorize the City Manager to execute an agreement with Lexipol, LLC to provide policy manual maintenance, support and training services to the Police Department for a threeyear period, from July 1, 2022 through September 30, 2025 in an amount not to exceed $169,502, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
City Council
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CITY COUNCIL 12 SEPTEMBER 20, 2022
Moved by Councilmember Hernandez, seconded by Mayor Sarmiento to Continue the Item for 30 days to include alternatives and community input.
YES: 7 – Councilmember Hernandez, – Councilmember Lopez, – Councilmember Mendoza, – Councilmember Penaloza, – Councilmember Phan, – Mayor Pro Tem Bacerra, – Mayor Sarmiento
NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
MINUTES: Councilmember Hernandez spoke in opposition to the Item and moved to have the item considered by the Police Oversight Commission.
Motion died for lack of a second.
City Attorney Sonia Carvalho stated that if her office is tasked to review a policy, the policy would be shared with the Council and public and posted on the City's website.
Mayor Pro Tem Bacerra moved to approve the item, with the contingency that the agreement only be extended for a year. Motion died for lack of a second.
Councilmember Hernandez moved to revisit the Item within 30 days to include alternatives and community input, seconded by Mayor Sarmiento.
22. Approve Agreement with Smart Communications Holdings, Inc. to Provide Inmate Communication and Digital Services (NonGeneral Fund) Department(s): Police Department
Recommended Action: Authorize the City Manager to execute an agreement with Smart Communications Holdings, Inc. to provide inmate communication and digital services to the Santa Ana Jail for a fiveyear period, from November 1, 2022 through October 31, 2027, with an option for two, oneyear extensions, in the amount of
$650,000, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022186).
23. Approve Agreement with California Forensic Medical Group, Inc. and Wellpath to Provide Inmate Medical Services for the Santa Ana Jail (General Fund)
Department(s): Police Department
City Council
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CITY COUNCIL 13 SEPTEMBER 20, 2022
Recommended Action: Authorize the City Manager to execute an agreement with California Forensic Medical Group, Inc. and Wellpath to provide basic and emergency inmate health care services for the Santa Ana Jail in an amount not to exceed
$10,070,246 including a $200,000 contingency, for a threeyear period beginning October 1, 2022 through September 30, 2025, with an option for two, oneyear extensions, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022187).
24. Biennial Review Conflict of Interest Code Policy, List of Designated Classifications Required to Annual Disclosure Form (Statement of Economic Interests Form)
Department(s): Clerk of the Council Office
Recommended Action: Resolution No. 2022075 – Adopt a resolution amending the City of Santa Ana Conflict of Interest Code Policy
**END OF CONSENT CALENDAR**
PUBLIC HEARINGS
PUBLIC COMMENTS – Members of the public may address the City Council on each of the Public Hearing items.
25. Public Hearing Ordinance Amendment No. 202201 to Update Chapters 18, 21, and 40 of the Santa Ana Municipal Code Addressing Medicinal Cannabis Retail, Consumption Lounges and Temporary Events, Measure BB Waitlist Termination, Retail Facility Relocation, Commercial Cannabis Eligible Areas, Commercial Cannabis Tax Rate Reductions for Commercial Cannabis Cultivation, Distribution,
and Manufacturing, and Adopt Language Addressing Proposed Tax Treatment of Microbusinesses and Shared Manufacturing, and Make Other Administrative Amendments of a Complimentary Nature Public notice published in the Orange County Reporter on September 9, 2022.
Department(s): Planning and Building Agency
Recommended Action: 1. Approve first reading of an ordinance amending Chapters 18, 21, and 40 of the Santa Ana Municipal Code addressing medicinal cannabis retail, consumption lounges and temporary events, Measure BB Waitlist termination, retail facility relocation, commercial cannabis eligible areas, commercial cannabis tax rate reductions for commercial cannabis cultivation, distribution, and manufacturing, and adopt language addressing proposed tax treatment of microbusinesses and shared manufacturing, and make other administrative amendments of a complimentary nature.
City Council
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CITY COUNCIL 14 SEPTEMBER 20, 2022
2. Resolution No. 2022XXX – Adopt a resolution modifying various nonretail commercial cannabis tax rates.
3. Resolution No. 2022XXX – Adopt a resolution establishing a map of commercial cannabis eligible areas in the City.
Moved by Mayor Sarmiento, seconded by Councilmember Lopez to approve staff’s recommendations and include the following amendments:
no additional licenses shall be granted and an additional 2 percent (2%) tax reduction optin program for businesses that comply with the community standards set forth by United Food and Commercial Workers.
YES: 7 – Councilmember Hernandez, – Councilmember Lopez, – Councilmember Mendoza, – Councilmember Penaloza, – Councilmember Phan, – Mayor Pro Tem Bacerra, – Mayor Sarmiento
NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
MINUTES: Mayor Sarmiento opened the Public Hearing at 8:14 P.M.
Director of the Planning and Building Agency, Mihn Thai, provided a brief presentation.
Avery Wilson spoke on Item 25 and the benefits of medicinal cannabis.
Ray Iskander spoke in support of Item 25 and stated that his company has already seen positive improvements with the ordinance amendments.
Jonathan Garcia spoke on Item 25 and the need for more permit availability for consumption lounges.
Francisco Zavala spoke in support of Item 25 and the retail cannabis tax rate decrease.
Laura Muller spoke on Item 25 and requested Council decrease the retail cannabis tax rate.
Sabrina Eilert spoke regarding Item 25 and in support of a lower retail cannabis tax rate.
Hairo Cortes spoke on Item 25 and in support of the United Food and
City Council
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CITY COUNCIL 15 SEPTEMBER 20, 2022
Commercial Workers’ proposal to decrease the cannabis retail tax.
Maria Morales spoke regarding Item 25; in support of a lower retail tax, benefits for cannabis retail employees, and her own positive experiences with cannabis.
Alexis Medina spoke regarding Item 25 and in support of a lower cannabis retail tax.
Anthony Medina spoke regarding Item 25 and the health benefits he has experienced using from cannabis use.
Sandra Medina spoke regarding Item 25 and the effect high sales tax rates can affect the cost of living.
Shelly McKay spoke regarding Item 25 and provided comments regarding Senate Bill 34.
Jonathan Edwards spoke regarding Item 25 and requested Council keep the health of the cannabis industry, its workers, and customers when regulation changes are considered.
Elliot Lewis spoke regarding Item 25 and the disparity between legal and illegal cannabis revenue.
Danielle spoke regarding Item 25 and the ambassador program her employer Catalyst, manages.
Derek Smith spoke regarding Item 25 and the United Food and Commercial Workers’ proposal for cannabis workers.
Bailey Jones spoke regarding Item 25 and the ambassador program her employer, Catalyst, manages.
Luis Aleman spoke regarding Item 25 and requested the Council adopt the Item and include the United Food and Commercial Workers’ proposal.
Joshua Scheurer spoke regarding Item 25 and asked the Council to only decrease the retail cannabis tax rate benefits that are provided for cannabis workers.
Acting Clerk of the Council Norma Orozco reported the summary of the email comments received; Five (5) emails from Santa Ana businesses in support of lowering the retail cannabis tax rate and one (1) email from a Santa Ana organization providing various comments regarding Item 25.
City Council
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CITY COUNCIL 16 SEPTEMBER 20, 2022
The following speakers addressed Council via teleconference:
Candice Hause spoke regarding Item 25 and her opposition to the staff’s recommendation to accept five (5) new licenses.
Brandon Cisco spoke regarding Item 25 and the disparity between the medical use and retail waitlists.
Benjamin Vasquez spoke regarding Item 25 and in support of festivals and onsite consumption lounges.
Speaker spoke on adult use licenses and medical waitlist applicants.
Mayor Sarmiento closed the public hearing at 10:40 P.M.
MINUTES: Councilmember Lopez requested amendments to section 40.9.2 to include fulltime hours, reimbursement for delivery drivers, increased wages, and a social equity plan.
Councilmember Hernandez requested an amendment to decrease the retail tax rate to 6 percent (6%) and requested that the 420 Cannabis Festival be organized by the City of Santa Ana in conjunction with city businesses.
Mayor Pro Tem Bacerra requested amendments to the following sections:
Section 39.2 – addition of the following language ”maximum 48 hours” to maintain consistency with section 408.11(H).
401.C.2 – Include language pertaining to the quantity of fulltime employees and quantity of employees, not including supervisors whose wages exceed 155 percent (155%) of the California minimum wage at the time of hire. 405 – Include text that defines where allowable areas are located, instead of referring to the map.
406 – Keep subsection (A) 13
408.10(B&C) – Include the word “licensed”
Mayor Sarmiento spoke in support of reducing the nonretail tax rate from 6 percent (6%) to 1 percent (1%) and including an optin to reward and incentivize a 2 percent (2%) tax decrease in the retail tax rate for businesses that comply with the community standards set forth by United Food and Commercial Workers.
Councilmember Phan made inquiries regarding the enforcement of odor control and air purification for outside smoking lounges and spoke in favor of the two percent tax (2%) rebate, minus administrative costs.
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CITY COUNCIL 17 SEPTEMBER 20, 2022
MOTION: Approve staff’s recommendations and include the following amendments: no additional licenses shall be granted, and an additional 2 percent (2%) tax reduction optin program for businesses that comply with the community standards set forth by United Food and Commercial Workers.
COUNCILMEMBER REQUESTED ITEMS
26. Discuss and Consider Directing the City Manager to Direct Staff to Draft a Revision of SAMC Section 2153 To Clarify the Format of Community Meetings for Development Projects Required by the Sunshine Ordinance, Items to Provide to the City After a Community Meeting, and Timing of Providing Items to the City After a Community Meeting – Mayor Pro Tem Bacerra
MINUTES: Mayor Pro Tem Bacerra provided the following
recommendations: Community meetings should be conducted with a single presentation, to ensure all participants receive the same information; Require a recording of the presentation, which can then be uploaded to the city’s website; and penalize any applicants who fail to provide any of the listed information in section 215(h) of the Municipal Code.
CITY MANAGER COMMENTS
MINUTES: Assistant City Manager Steven Mendoza announced that the California Department of Housing and Community Development has certified the Santa Ana Housing Element.
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.
MINUTES: Councilmember Hernandez thanked the public for taking the time to participate and the staff for all their hard work. He also announced community events including Fiestas Patrias, Autumn Festival, and Indigenous Peoples Day.
AB1234 – Councilmember Lopez disclosed that the city funded her attendance at the California Cities Conference in Long Beach.
Councilmember Mendoza announced that she represented the city at the Orange County Water District Summit in the City of Anaheim.
AB1234 – Councilmember Penaloza disclosed that the city paid for his registration to attend the California Cities Conference in Long Beach.
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CITY COUNCIL 18 SEPTEMBER 20, 2022
AB1234 – Councilmember Phan disclosed that the city funded her attendance at the California Cities Conference in Long Beach. She also thanked everyone who applied for the state water inspection tour and reminded the public that the Mid Autumn Festival will be on October 1, 2023 at Rosita Park.
Mayor Sarmiento provided comments regarding Fiestas Patrias, and announced that the Orange County Transportation Agency approved approximately $700,000 to reimburse the city for parking in the downtown area.
ADJOURNMENT – Adjourn the City Council meeting.
MINUTES: Mayor Sarmiento adjourned the meeting in honor of his uncle, Miguel Jose Gonzalez, at 10:51 P.M.
Respectfully Submitted,
Jennifer L. Hall, CMC
City Clerk
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Public Works Agency
www.santa-ana.org/public-works
Item # 10
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
April 18, 2023
TOPIC: Ross Annex Third and Fourth Floors HVAC Automation
AGENDA TITLE
Award a Purchase Order to Siemens Industry, Inc. in the Amount of $400,000 to Automate Heating, Ventilation, and Air Conditioning (HVAC) Building Controls at the Ross Annex (Specification No. 23-047) (General Fund)
RECOMMENDED ACTION
Authorize a one-time purchase order and payment to Siemens Industry, Inc. for the automation of HVAC building controls on the third and fourth floors of the Ross Annex Building in the amount of $356,538, plus a contingency of $43,462, for a total amount not to exceed $400,000, subject to non-substantive changes approved by the City Manager and City Attorney.
DISCUSSION
The Public Works Agency’s Parks, Fleet, and Facilities Services Division oversees City facilities to ensure mechanical systems operate reliably and efficiently, as well as meet all applicable laws and regulations. In an effort to improve building efficiency and reduce energy and maintenance costs, the Facilities Services team recommends automating the heating, ventilation, and air conditioning (HVAC) system at the Ross Annex. The existing pneumatic control system is outdated and not efficient.
HVAC automation of the Ross Annex’s third and fourth floors would allow Facilities Services to control temperatures for optimal energy usage and comfort from an existing building automation system (BAS) workstation that currently controls City Hall, the Main Library, and Newhope Library. The BAS system assists in identifying where problems originate, which enables staff to quickly respond and rectify the issue. The system also provides continuous monitoring and adjusts performance to meet changing building conditions. The improvement is a continuous effort to standardize and integrate City facilities onto the same BAS.
Santa Ana Ordinance No. NS-2312 authorizes the City to purchase against contracts issued to vendors who have been awarded by a State Agency, County, City, or other Public Agency after a competitive bidding process substantially equivalent to the City’s standard bidding process. Sourcewell (formerly National Joint Powers Alliance) awarded a contract to Siemens Industry, Inc. (No. 030421-SIE) for the procurement of
City Council
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Ross Annex Third and Fourth Floors HVAC Automation
April 18, 2023