Minutes of the Regular Meeting
of the City Council
City of Santa Ana,
California
August 20, 2024
CLOSED SESSION MEETING - 4: 30 P. M.
REGULAR OPEN MEETING -- 5: 30 P. M.
Immediately following the Closed Session Meeting)
CITY COUNCIL CHAMBER
22 Civic Center Plaza Santa Ana, CA 92701
CLOSED SESSION
CALL TO ORDER
MINUTES: MayorAmezcua called the Closed Session meeting to order at 4:36 P.M.
ATTENDANCE Council Members Phil Bacerra
Johnathan Ryan Hernandez
Jessie Lopez
David Penaloza
Benjamin Vazquez
Mayor Pro Tern Thai Viet Phan
Mayor Valerie Amezcua
City Manager Alvaro Nunez
City Attorney Sonia R. Carvalho
City Clerk Jennifer L. Hall
P01f rAlI
MINUTES: City Clerk Jennifer L. Hall conducted roll call.
Councilmembers Penaloza and Vazquez, Mayor Pro Tem Phan, and Mayor Amezcua were present. Councilmembers Bacerra, Hernandez, and Lopez arrived during Closed Session.
CITY COUNCIL 1 AUGUST 20, 2024
ADDITIONSIDELETIONS TO CLOSED SESSION
MINUTES: Mayor Pro Tem Phan recused herself from Closed Session Agenda Item No. 1Bas the listed entity, OrangeCountyWaterDistrict, is a client of her employer, Rutan and Tucker.
PUBLIC COMMENTS-- Membersofthepublicmayaddressthe CityCouncilon Closed Session items.
MINUTES: City Clerk Jennifer L. Hall stated one public comment was received regarding Closed Session Agenda Item No. 2.
RECESS — CityCouncilwill recessto ClosedSessionfor thepurposeof conducting regular City business.
MINUTES: MayorAmezcua recessed toconsiderthe Closed Session items at 4:37 P.M.
CLOSED SESSION ITEMS — The BrownAct permitslegislativebodiesto discusscertain matterswithoutmembersof the publicpresent. The CityCouncilfinds, basedon advice from the CityAttorney, that discussionin opensessionof the followingmatterswill prejudicethe positionoftheCityinexistingandanticipatedlitigation:
1. CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION pursuant to Paragraph ( 1) of subdivision ( d) of Section 54956.9 of the Government Code:
A. Valdez Gonzalez, Irinea v. City of Santa Ana, et al., Orange County Superior Court, Case No. 30-2023- 01303178- CU- PA-WJC
B. In re Aqueous Film -Forming Foams Prods. Liability Litigation, United States District Court for the District of South Carolina, Charleston Division, Case No. MDL 2: 18- mn- 2873- RMG
MINUTES: Mayor Pro Tem Phan left the conference room at 4:51 P.M., did not participateon Item 1B, and returnedat 5:14 P.M.
2. CONFERENCE WITH LEGAL COUNSEL -- INITIATION OF LITIGATION pursuant to Paragraph ( 4) of subdivision ( d) of Government Code Section 54956. 9:
One ( 1) case — Union Pacific
3. PUBLIC EMPLOYEE APPOINTMENT pursuant to Government Code Section 54957( b)( 1)
Title: Independent Oversight Director to the Santa Ana Police Oversight Commission
CLOSED SESSION REPORT — TheCityAttorneywillreportonanyaction(s) fromClosed Session.
RECONVENE — City Councilwill reconveneto continueregularCity business.
CITY COUNCIL 2 AUGUST 20, 2024
CITY COUNCIL REGULAR OPEN SESSION
CALL TO ORDER
MINUTES: Mayor Amezcua reconvened the City CouncilMeeting to order at 6:08 P.M.
ATTENDANCE Councilmembers
Mayor Pro Tern
Mayor
City Manager
City Attorney
City Clerk
RCII I rAl I
Phil Bacerra
Johnathan Ryan Hernandez
Jessie Lopez
David Penaloza
Benjamin Vazquez
Thai Viet Phan
Valerie Amezcua
Alvaro Nunez
Sonia R. Carvalho
Jennifer L. Hall
MINUTES: City Clerk Jennifer L. Hall conducted roll call.
Councilmembers Bacerra, Hernandez, Lopez ( arrived at 6: 25 P. M.), Penaloza, and Vazquez, Mayor Pro Tem Phan, and Mayor Amezcua were present.
PLEDGE OF ALLEGIANCE Frida Ramirez
WORDS OF INSPIRATION Rabbi Sharon Sobel, Temple Beth Shalom
ADDITIONSIDELETIONS TO THE AGENDA
MINUTES: City Clerk Jennifer L. Hall announced a revised exhibit I to Agenda Item No. 32.
CEREMONIAL PRESENTATIONS
1. Certificate of Recognition presented by Mayor Amezcua to the 2024 Back to School Community Resource Fair Planning Committee for Outstanding Contributions to the Community
MINUTES: Mayor Amezcua presented a certificate of recognition to the 2024 Back to School Community Resource Fair Planning Committee for Outstanding Contributions to the Community.
CITY COUNCIL 3 AUGUST 20, 2024
2. Certificates of Recognition presented by Mayor Pro Tern Phan to the Asian American Senior Citizens Service Center YEAH Youth Program Committee and Panelists for Outstanding Contributions to the Community MINUTES: Mayor Pro Tem Phan presented certificates of recognition to the Asian American Senior Citizens Service Center YEAH Youth Program Committee and Panelists for outstanding contributions to the community.
3. City Tile presentedby CouncilmemberBacerrato Winston Covingtonfor Outstanding Contributions to the Community
MINUTES: Councilmember Bacerra presented a city tile to Winston Covington for outstanding contributions to the community.
4. Proclamation presented by Councilmember Hernandezto the Funk Freaks and Psycho Realm declaring August 2024 as Chicano Heritage Month MINUTES: Councilmember Hernandez presented a proclamation to the Funk Freaksand PsychoRealmdeclaringAugust2024as ChicanoHeritageMonth.
5. Certificate of Recognition presented by Councilmember Lopez to Khalil Bey for Outstanding Contributions to Public Safety
MINUTES: CouncilmemberLopezpresenteda certificateof recognitionto Khalil Bey for outstanding contributions to public safety.
6. Proclamation presented by Councilmember Vazquez to Dorothy Mulkey for Outstanding Contributions to the Community
MINUTES: Councilmember Vazquez presented a proclamation to Dorothy Mulkey for outstanding contributions to the community.
STAFF PRESENTATION
7. SoCal Gas Presentation of Climate Adaption Grant
MINUTES: Juan Gonzalez and Geoff Danker, SoCal Gas, presented a Climate Adaption Grant of $ 50, 000 to the City of Santa Ana.
CLOSED SESSION REPORT — TheCityAttorneywillreportonanyaction{s}fromClosed Session.
MINUTES: ChiefAssistant City Attorney Laura Rossini stated there was no reportable action.
CITY COUNCIL. 4 AUGUST 20, 2024
PUBLIC COMMENTS — Publiccommentswill be heldduringthe beginningof the meeting for ALL comments on agenda and non - agenda items.
MINUTES: City Clerk Jennifer L. Hall reported out the summary of email comments received: three ( 3) non - agenda comments.
The following speakers addressed City Council inperson:
1. Carl Benninger spoke regarding a new Neighborhood Association, the Zoo District, and requested a Citizen Oversight Committee be formed to oversee the Related Bristol Project.
2. Brian Mendoza spoke regarding his life experiences and submitted records.
3. Mario Alvarado congratulated the Parks, Recreation, and Community Services Agency for the Chicano Heritage Festival Event, spoke regarding the new Neighborhood Association, the Zoo District, and requested Council support for teachers.
4. Julie M. Feenstra spoke regarding affordable housing and ongoing issues at 2222 East First St. and requested the City Council assist regarding the matter.
5. Randall Jones spoke regarding affordable housing and ongoing issues at 2222 East First St.
6. Magdalena Menchaga spoke regarding elder abuse and homeless at 2222 East First St.
7. Victor Mendez spoke regarding affordable housing and ongoing issues at 2222 East First St. and requested the City Council assist regarding the matter.
8. Diane Simmons spoke regarding ongoing issues at 2222 East First St and requested the City Council assist regarding the matter.
CONSENT CALENDAR
RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 8 through 37 and waive reading of all resolutions and ordinances.
MINUTES: At 7: 36 P. M., the Consent Calendar was considered.
Councilmember Hernandez requested to comment on Agenda Item Nos. 21, 26, 34, and 35.
Councilmember Bacerra pulled Agenda Item Nos. 29 and 31 for separate discussion and consideration.
CITY COUNCIL_ 5 AUGUST 20, 2024
Councilmember Vazquezrequested to comment on Agenda Item Nos. 18 and 32.
CouncilmemberPenalozapulled Agenda Item No. 25 for separate discussionand consideration.
MayorPro TemPhanrecusedherselffromAgendaItemNo. 24as thelistedentity, City of Anaheim, is a client of her employer, Rutan and Tucker.
CityClerkJenniferL. Hallannouncedthatpursuantto GovernmentCodeSection 54953(c)(3) an oral summaryof salaryandbenefitsshallbe madeprior to final action oftheCouncilonanylocalexecutiveandstatedAgendaItemNo. 32is theapprovalof an employment agreement with Alvaro Nunez as the City Manager with the following provisions of an annual salary of $315, 000 with an option for bilingual pay, city paid maximum contribution to deferred compensation 457 plan, 12-month severance if terminatedat -will, cityownedvehicleor $500monthlyautoallowance, healthinsurance benefits, term life insurance, and wellness stipend, and other benefits as provided to the unrepresented executive management group.
MOTION: Councilmember Penaloza moved to approve Consent Calendar Item Nos. 8 through 37 with the exception of Agenda Item Nos. 25, 29 and 31 pulled for separate discussion and consideration, seconded by Councilmember Bacerra.
The motion carried, 7-0, by the following roll call vote:
AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER
HERNANDEZ, COUNCILMEMBER LOPEZ,
COUNCILMEMBER PENALOZA, COUNCILMEMBER
VAZQUEZ, MAYOR PRO TEM PHAN, MAYOR AMEZCUA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Status: 7 — 0 — Pass
8. Excused Absences
Department( s): City Clerk' s Office
Recommended Action: Excuse the absent members.
9. Minutes from the Regular Meeting of August 6, 2024
Department( s): City Clerk' s Office
Recommended Action: Approve minutes.
CITY COUNCIL 6 AUGUST 20, 2024
10. 2024 Local Agency Biennial Notice RE: Conflict of Interest Code Review Department( s): City Clerk' s Office
Recommended Action: Receive and file the Fair Political Practices Commission 2024 LocalAgency Biennial Notice advising that the City's Conflict of Interest Code is currently under review.
11. Receive and File the 2023-2024 Orange County Grand .fury Report: Talking Trash: Recyclables and Organic Waste
Department( s): Public Works Agency
Recommended Action: Receive and fife the report,
12, Citywide Purchase Order Contract to Amazon Capital Services, Inc. for the Online Marketplace Purchase of Goods ( Specification No. 24- 091) ( General Fund and Non - General Fund)
Department( s): Finance and Management Services
Recommended Action: Award a citywide purchase order contract to Amazon Capital Services, Inc. for online marketplace purchases of goods for a three and -a - half year term beginning August 1, 2024 and expiring January 18, 2028, for an annual amount not to exceed $ 650, 000.
13. Aggregate Purchase Order Contracts with Promotethis!, Impact PromoSource, LLC ( previously Graphic Printsource, Inc.), and Superior Promos for Promotional Items ( Specification No. 23- 024) ( General Fund and Non - General Fund)
Department( s): Finance and Management Services
Recommended Action: Authorize the City Manager to execute an amendment to increasethe annual aggregate not -to -exceed amount of the citywide purchase order contracts with vendors listed below by $ 355, 000 for promotional items, for a new annual aggregate amount not to exceed amount of $ 550, 000.
Vendor Location
Impact PromoSource, LLC Corona, CA
Promotethis! Huntington Beach, CA
Superior Promos Brooklyn, NY
CITY COUNCIL 7 AUGUST 20, 2024
14. Purchase Order to AirGap Labs, LLC for Firewall Hardware and Services Specification No. 24- 096) ( Non - General Fund)
Department( s): Information Technology
Recommended Action: Authorize a one-time purchase and payment of purchase ordertoAirGapLabs, LLCforfirewallhardware, includinginstallationservicesand five-yearsubscription, in an amountnotto exceed $96, 054.
15.Aggregate Purchase Order Contracts to Bizon Group, Inc. and Southwest Mobile Storage, Inc. for Storage Container Purchase, Rental, Disposal, Transport, and Repair Services ( Specification No. 24-053) ( Non - General Fund) Department( s): Public Works Agency
Recommended Action: Award aggregate purchase order contracts to Bizon Group, Inc. and SouthwestMobileStorage, Inc. for as -neededstoragecontainer purchase, rental, disposal, transport, and repairservices, in an annualaggregate amount of $ 110,000, for a totai aggregate amount not to exceed $ 550, 000, for an initialone-yeartermbeginningAugust21, 2024andexpiringAugust20, 2025, with provisions for four 1-year renewal options.
16. Purchase Order Contracts to Daniels Tire Service and Parkhouse Tire, Inc. for Vehicle Tires ( Specification No. 24- 088) ( Non - General Fund) Department( s): Public Works Agency
Recommended Action: Award aggregate purchase order contracts to Daniels Tire Service and Parkhouse Tire, Inc. for vehicle tires for a three- year period beginning August 20, 2024 and expiring August 19, 2027, with provisions for two, one-year renewal options, in an annual aggregate amount not to exceed $ 200, 000.
17. Legal Services Agreement with Hanson Bridgett, LLP (General Fund) Department( s): City Attorney' s Office
Recommended Action: Approve a legal services agreement with Hanson Bridgett, LLPto providelegaland investigativeserviceswith a termthroughJune 30, 2025 with an optionalone-year extension, and compensationnot to exceed $200, 000 Agreement No. A- 2024- 123).
18.Agreementwith BrightLife Designs, LLC for Holiday Decorations, Installation, Removal, and Storage ( Revive Santa Ana)
Department( s): Community Development Agency
Recommended Action: Authorize the City Manager to execute an agreement with CITY COUNCIL 8 AUGUST 20, 2024
BrightLife Designs, LLC to install, remove, and store holiday decorations in Downtown Santa Ana for a three-year term beginning September 1, 2024 and ending February 1, 2027, in the amount not to exceed $ 144, 400 ( Agreement No.
A- 2024- 124).
MINUTES: Councilmember Vazquez spoke in support of the item and expressed concern regarding parking in front of the Yost.
19.Agreement with Cherry Bekaert Advisory LLC for Indirect Cost Allocation Plan and Internal Service Fund Cost Allocation Methodology Services Department( s): Finance and Management Services
Recommended Action: Authorize the City Manager to execute an agreement with Cherry Bekaert Advisory LLC for Indirect Cost Allocation Plan and Internal Service Fund Cost Allocation Methodology Services for a total aggregate amount not to exceed $ 150,000 for a three-year term beginning August 20, 2024 and expiring August 19, 2027, with a provision for a two-year extension (Agreement No. A- 2024- 125).
20. Agreement with Siemens Industry, Inc. for the Main Library and Outdoor Library at Jerome Park Projects ( General Fund)
Department( s): Library
Recommended Action: Authorize the City Manager to execute an agreement with SiemensIndustry, Inc. for equipment, licenses, constructionoversightof security camera installation, and integration into the City network for the Main Library Renovationand Outdoor Library at Jerome Park projects, in the amount of $64,200, with a 10% contingency, for a total not to exceed amount of $ 70, 620, for a term expiring December 31, 2026, with a provision for a one-year extension (Agreement No. A- 2024- 126).
21. Amendment to Agreement with Group 4 Architecture, Research + Planning, Inc. for the Main Library Renovation Project ( 22- 1380) ( Revive Santa Ana) Department( s): Library
RecommendedAction: Approveafirst amendmentto an agreementwithGroup4 Architecture, Research + Planning, Inc. for additional design and engineering services, increasing the compensation amount by $ 499, 383, for a total not - to - exceed amount of $ 2, 657, 948 ( Agreement No. A- 2024- 127).
MINUTES: Councilmember Hernandez spoke in support of the item.
CITY COUNCIL 9 AUGUST 20, 2024
22. Agreement with Pennell Consulting, Inc. for Jail Security Control System Upgrade Consulting Services ( General Fund)
Department( s): Police Department
Recommended Action: Authorize the City Manager to execute an agreement with Pennell Consulting, Inc. to provide consulting, system design, and project management services to the City of Santa Ana Police Department Jail for a three- yeartermbeginningAugust20, 2024andendingAugust19, 2027, withtwoone- year extensionoptions, in an amountnotto exceed $193, 184 ( Agreement No. A- 2024- 128).
23.Agreement with PowerDMS for Field Training Management Software and Community EngagementSoftware (General Fund)
Department( s): Police Department
Recommended Action: Authorize the City Manager to execute an agreement with PowerDMS ( Agreement No. A- 2024- 129) for software subscriptions as follows:
One-yearsubscriptiontoPowerReadyforfieldtrainingsoftwareinanamount not to exceed $ 8,074 for the period of March 28, 2025 through March 27, 2026
Two-yearsubscriptionto PowerEngagefor citizenengagementsoftwarein an amount not to exceed $ 59,375 for the period of September 1, 2024 through August 31, 2026
24. Memorandum of Understanding, First Amendment, and Appropriation Adjustment Accepting the FY2023EnhancedCollaborative ModelTask Force to Combat Human Trafficking Grant ( Non -General Fund)
Department( s): Police Department
Recommended Action:
1. Authorizethe CityManagerandthe Chiefof Policeto executea Memorandum of Understandingand the First Amendmentwith the City of AnaheimPolice DepartmentacceptingFY 2023 EnhancedCollaborativeModelTask Forceto CombatHumanTraffickingGrantfundsin theamountof $75,000for the period of October 1, 2023 through September 30, 2026 (Agreement No. A-2024-130).
2. Approve an appropriation adjustment recognizing $ 75, 000 in the Department of Justice Grants revenue account and appropriate same to the Office for Victims of Crime Human Trafficking expenditure accounts. ( Requires five affirmative votes)
MINUTES: Mayor Pro Tem Phan recused herself from Agenda Item No. 24 as the fistedentity, CityofAnaheim, is a clientofher employer, Rutanand Tucker.
CITY COUNCIL 10 AUGUST 20, 2024
MOTION: Councilmember Penaloza moved to approve the recommended action for Item No. 24, as part of the Consent Calendar, seconded by Councilmember Bacerra.
The motion carried, 6-0-1, by the following roll call vote:
AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER
HERNANDEZ, COUNCILMEMBER LOPEZ,
COUNCILMEMBER PENALOZA, COUNCILMEMBER
VAZQUEZ, MAYOR AMEZCUA
NOES: NONE
ABSTAIN: MAYOR PRO TEM PHAN ( recusal)
ABSENT: NONE
Status: 6 — 0 - 1 — Pass
AGENDA ITEM NO. 25 WAS PULLED FOR SEPARATE DISCUSSION AND
CONSIDERATION
25. Award a Construction Contract to All American Asphalt for the Grand Avenue Rehabilitation from McFadden Avenue to First Street Project ( Project No. 23- 6702) ( Non - General Fund)
Department( s): Public Works Agency
Recommended Action:
1. Approve an appropriation adjustment recognizing $ 972, 882 in Coronavirus Response and Relief Supplemental Appropriations Act ( CRRSAA) grant from Select Street Construction, State Grant - Direct revenue account and appropriate the same amount into the Select Street Construction, Improvements Other Than Buildings, expenditure account. ( Requires five affirmative votes)
2. Approve an appropriation adjustment recognizing $ 676, 000 of prior -year fund balance from Special Gas Tax, Prior Year Carry Forward and Select Street Construction, Transfer from Fund 029 revenue accounts and appropriate the same amount into the Gas Tax Interfund Transfer, Transfer to Fund 059 and HUTA 2103 Gas Tax, Improvements Other Than Buildings, expenditure account. ( Requires five affirmative votes)
3. Approve an appropriation adjustment to transfer $ 30, 907 from Roadway Maintenance, Improvements Other Than Buildings, Transfer from Fund 029 revenue accounts and appropriate the same amount into the Gas Tax Interfund Transfer, Transfer to Fund 059 and Select Street Construction, Improvements Other Than Buildings, Improvements Other Than Buildings, Improvements Other Than Buildings, expenditure account. ( Requires five affirmative votes) CITY COUNCIL 11 AUGUST 20, 2024
4. Authorize a budget reallocation of $ 44, 590 in unspent funds from the Santa Clara Avenue Bike Lane from Lincoln Avenue to Tustin Avenue Project ( No. 23- 6997) and $ 30,907 from Omnibus Concrete Program Support Project ( No. 22- 6970) to construction funds forthe Grand Avenue Rehabilitation from McFadden Avenue to First Street Project ( No. 23- 6702).
5. Approve an amendment to the Fiscal Year 2024- 25 Capital Improvement Program ( CIP) to include $ 972, 882 from Select Street Construction funds, 676, 000 from HUTA 2103 Gas Tax funds, and $ 75, 497 in unspent funds from projects 22-6970 and 23- 6997, for the Grand Avenue Rehabilitation from McFadden Avenue to First Street Project.
6. Approve the Project Cost analysis for a total estimated construction delivery cost of $ 2, 242, 499, which includes $ 1, 793, 999, for the construction contract; 269, 100 for contract administration, inspection, and testing; and a $ 179, 400 projectcontingencyfor unanticipatedor unforeseenwork.
7. Award a construction contract to All American Asphalt, the lowest responsible bidder, in accordance with the base bid in the amount of $ 1, 793, 999, subject to change orders in accordance with the Greenbook: Standard Specifications for Public Works Construction, for term beginning August 20, 2024, and ending upon project completion, and authorize the City Manager to execute the contract.
8. Determine that, pursuant to the California EnvironmentalQuality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER-2023- 29 was filed for Project 23-6702.
MINUTES: Councilmember Penaloza thanked staff for bringing this item forward and asked when the Greenbook Standards for Specifications for Public Works would be available to the public.
CityManagerAlvaroNunezstatedthatmovingforwardstaffwouldprovidea link to the actual Greenbook or the section on staff reports.
Councilmember Penaloza asked for a break -down regarding the $ 270, 000 contingency.
City Engineer Rudy Rosas explained that the $ 270, 000 is for construction management and inspections.
CITY COUNCIL 12 AUGUST 20, 2024
MOTION: Councilmember Penaloza moved to approve the recommended action for Item No. 25, seconded by Councilmember Hernandez.
The motion carried, 7-0, by the following roll call vote:
AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER
HERNANDEZ, COUNCILMEMBER LOPEZ,
COUNCILMEMBER PENALOZA, COUNCILMEMBER
VAZQUEZ, MAYOR PRO TEM PHAN, MAYOR AMEZCUA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Status: 7 — 0 — Pass
26.Construction Contract with Legion Contractors, Inc. for the Outdoor Library at Jerome Park Project ( Project No. 22- 1381 & 25- 7523) ( General Fund and Non - General Fund) ( Revive Santa Ana)
Department( s): Public Works Agency
Recommended Action:
1. Approve an amendment to the Fiscal Year 2024- 25 Capital Improvement Program to include $ 3,270, 040 of various funding sources listed below for the Outdoor Library at Jerome Park.
2. Approve the Project Cost Analysis for a total estimated constructiondelivery cost of $ 3, 720, 040, which includes $ 3, 336, 400 for the construction contract, $ 50, 000 for contract administration, inspection, and testing, and a $ 333, 640 project contingency for unanticipated or unforeseen work.
3. Award a construction contract to Legion Contractors, Inc. the lowest responsible bidder, in accordance with the base bid and alternate bid in the amount of 3, 336, 400, subject to change orders in accordance with the Greenbook:
Standard Specifications for Public Works Construction, for construction of the Outdoor Library at Jerome Park Project, for a term beginning August 20, 2024, and ending upon project completion, and authorize the City Managerto execute the contract.
4. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER- 2024- 34 was filed for Project 22- 1381.
MINUTES: Councilmember Hernandez spoke in support of the item.
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27.Award a Construction Contract to CJ Concrete Construction for the Legacy Square Transportation Improvements Project ( Project No. 22-9001(20-AHSC- 14700)) ( Non - General Fund)
Department( s): Public Works Agency
Recommended Action:
1. Award a construction contract to CJ Concrete Construction, the lowest responsible bidder, in accordance with the base bid in the amount of $1,433,200, subject to change orders in accordance with the Greenbook: Standard Specifications for Public Works Construction, for construction of the Legacy Square Transportation Improvements Project, for a term beginning August 20, 2024, and endingupon projectcompletion, and authorizethe City Managerto execute the contract.
2. Approve the Project Cost Analysis for a total estimated construction delivery cost of $ 1, 798, 079, which includes $ 1, 433, 200 for the construction contract., 221,559 for contract administration, inspection, and testing, and a $ 143, 320 projectcontingencyfor unanticipatedor unforeseenwork.
3. Determinethat, pursuantto the CaliforniaEnvironmentalQualityAct (CEQA), the recommended actions are exempt from further review pursuant to Section 15301(c) oftheCEQAguidelinesfor projectsconsistingof highwaysandstreets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities. The proposedprojectcontinuesto meettheseparametersof theCEQAguidelines, and Categorical Exemption Environmental Review No. ER-2023-92 was filed for Project 22- 9001.
28. Agreement with Bernards Bros, Inc., for Construction Management at Risk Services for the State Building Demolition Project ( Project No. 24-9002) (Non - General Fund)
Department( s): Public Works Agency
Recommended Action: Authorize the City Manager to execute an agreement with BernardsBros, Inc. to performConstructionManagementat Risk servicesfor the StateBuildingDemolitionProjectintheamountof $765,481, withacontingencyof 84, 519, for a total amount of $ 850,000, for a two-year term beginning August 20, 2024 and expiring August 19, 2026, with an option for two, one-year extensions Agreement No. A- 2024- 131).
AGENDA ITEM NO. 29 WAS PULLED FOR SEPARATE DISCUSSION AND
CONSIDERATION
29. Agreement with Mariposa Landscape Inc. for Landscape Maintenance Services at Water Production Facilities and the Corporate Yard (Specification No. 24- 018) ( Non - General Fund)
CITY COUNCIL 14 AUGUST 20, 2024
Department( s): Public Works Agency
Recommended Action: Authorize the City Manager to execute an agreement with Mariposa Landscape Inc. for landscape maintenance services for a three-year term beginning August 20, 2024 and expiring August 19, 2027, with a provision for two, one- year renewal options, for an aggregate amount of $ 695, 760, including a contingency of $ 160,560, for the term of the agreement, including renewal options exercisable by the City Manager ( Agreement No. A-2024- 132).
MINUTES: Councilmember Bacerra asked whether the description of work listed on exhibit 1 of the staff report included green landscaped walls at the city yard and the city water facilities, whether Mariposa is the same company doing the current landscaping, and why there was a 23% contingency instead of a 10% contingency.
Public Works Director Nabil Saba confirmed the description of the landscaped walls and stated Marisposa Landscape, Inc. is not the current landscaping company being used by the City. He spoke regarding the requested 23% contingency.
City Manager Alvaro Nunez spoke regarding contingencies and stated that staff will request a 10% contingency moving forward.
Councilmember Penaloza asked for clarification regarding the areas the agreement would cover and expressed concern with the 23% contingency.
Director Saba stated the landscape maintenance services are for the Water Production Facilities and the Corporate Yard.
City Manager Nunez spoke regarding enhancing staff report language to better illustrate the funding source.
MOTION: Councilmember Bacerra moved to approve the recommended action for Item No. 29, as amended to reduce the contingency amount to 10%, seconded by Mayor Amezcua.
The motion carried, 7-0, by the following roll call vote:
AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER
HERNANDEZ, COUNCILMEMBER LOPEZ,
COUNCILMEMBER PENALOZA, COUNCILMEMBER
VAZQUEZ, MAYOR PRO TEM PHAN, MAYOR AMEZCUA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Status: 7 — 0 Pass
CITY COUNCIL 15 AUGUST 20, 2024
30. Agreement with E Source Companies, LLC for Automated Metering Infrastructure Implementation Support Services ( Project 16- 6460) ( Non - General Fund)
Department( s): Public Works Agency
Recommended Action: Authorize the City Manager to execute an agreement with E Source Companies, LLC to provide Automated Metering Infrastructure implementation support services, for a total amount not to exceed $ 450, 000, for a three-yeartermbeginningAugust20, 2024andexpiringDecember31, 2027, with a provisionfor onetwo-yearextension (Agreement No. 2024-133).
AGENDA ITEM NO. 31 WAS PULLED FOR SEPARATE DISCUSSION AND
CONSIDERATION
31. License Agreement with K&C Logistics, LLC for their use of City -Owned East and West Alton Avenue/ SR- 55 Freeway Parcel
Department( s): Public Works Agency
Recommended Action: Authorize the City Manager to execute a license agreement with K&C Logistics, LLC for use of real property owned by the City at the western terminus of Alton Avenue between Standard Avenue and the SR-55 FreewayandattheeasternterminusofAltonAvenuebetweenDaimlerStreetand the SR-55 Freeway, for a three-yearterm beginningAugust20, 2024and expiring August 19, 2027, automatically entering into a month -to -month renewal thereafter for an additional two years, for a total revenue amount of $ 1, 590, 640 ( Agreement No. A- 2024- 134).
MINUTES: Councilmember Bacerra requested modifications to Section 3H of the agreement to include for the licensee to keep the area and perimeter free of weeds and vegetation. Additionally, he proposed to add a provision to the section to post signs in accordance with Santa Ana Municipal Code Section 10-96 and CCP Section 602.
Councilmember Penaloza raised concerns regarding neglect, citing the Bristol and Warner lots as examples. He asked whether the seven-day notice period could be eliminated and if the contract could instead include a provision for termination if the licensee fails to comply.
CityManagerAlvaroNunezstatedthat the key componentwas to receivesome levelof funding, andassuredthat Citystaff woulddo theirdue diligenceto ensure properpropertymaintenance. Heproposedprovidingthelicenseewitha 48-hour notice period if the property fails to meet compliance standards.
Discussion ensued regarding the timeframe for providing notice related to the property maintenance.
CITY COUNCIL 16 AUGUST 20, 2024
City Manager Nunez suggested a 72-hour period.
Councilmember Penaloza agreed to the 72-hour timeframe.
MOTION: Councilmember Bacerra moved to approve the recommended action for Item No. 31, as amended to change section 3H to require maintaining the licensed and perimeter area within 72- hours and to add to section three with a requirement to post signage, seconded by Councilmember Penaloza.
The motion carried, 7-0, by the following roll call vote:
AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER
HERNANDEZ, COUNCILMEMBER LOPEZ,
COUNCILMEMBER PENALOZA, COUNCILMEMBER
VAZQUEZ, MAYOR PRO TEM PHAN, MAYOR AMEZCUA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Status: 7 — 0 — Pass
32. Affirm Approval of City Manager Employment Agreement Department( s): City Council
Recommended Action: Direct and authorize the Mayor to execute the City Manager Employment Agreement with Alvaro Nunez ( Agreement No. A- 2024- 135).
MINUTES: Councilmember Vazquezcongratulated City Manager Alvaro Nunez.
Councilmember Hernandez congratulated City Manager Nunez.
Mayor Amezcua congratulated City Manager Nunez.
33.Agreement with Franklin Covey Client Sales, Inc. for Training Resources for Citywide Staff Development ( General Fund)
Department( s): Human Resources
Recommended Action: Authorize the City Manager to execute a sole source agreement with Franklin Covey Client Sales, Inc. to provide staff development resources for City of Santa Ana employees, for a term beginning July 15, 2024 and expiring July 14, 2027, for an aggregate amount not to exceed $ 90,960 (Agreement No. A- 2024- 136).
CITY COUNCIL 17 AUGUST 20, 2024
34.Adoption of an Extension and First Amendment to the Memorandum of Understanding (" MOU") by the ServiceEmployeesInternationalUnionLocal 721 Part -Time Civil Service Employees Unit (" SEIU- PTCS") Department( s): Human Resources
RecommendedAction: Authorizethe City Managerto executean extensionand first amendmentto the existingMemorandumof Understandingwith SEIU-PTCS regardingwages, hours, and otherterms and conditionsof employmenteffective through June 30, 2025, and authorize non -substantive changes, which may be necessaryto implementthe agreement (Agreement No. A-2024-137).
MINUTES: Councilmember Hernandez spoke in support of the item.
MayorAmezcuaspokeregardinglayoffsin 2008and requestedan updateon the number and status of part- time employees.
35. Resolution to Effect Certain Changes to the City' s Basic Classification and Compensation Plan for Service Employee International Union ( SEIU) Represented Employees
Department( s): Human Resources
Recommended Action: Adopt a Resolution to effect certain changes to the City's basic classification and compensation plan for Service Employee International Union ( SEIU) Represented Employees.
RESOLUTION NO. 2024-048 entitled A RESOLUTION OF THE CITY COUNCIL
OFTHECITYOFSANTAANATO EFFECTCERTAINCHANGESTOTHECITY'S
CLASSIFICATION AND COMPENSATION PLAN
MINUTES: Councilmember Hernandez spoke in support of the item.
36. Resolution, Agreement, and Appropriation Adjustment Accepting the FY 2023 Emergency ManagementPerformanceGrant (Non -General Fund) Department( s): Police Department
Recommended Action:
1. Adopta resolutionauthorizingthe City Managerto act on behalfof the City of Santa Ana for obtaining federal funds related to homeland security, emergency management, and/or disaster recovery provided by the U.S. Department of HomelandSecurityand sub -grantedthroughthe State of Californiaand the County of Orange.
CITY COUNCIL 18 AUGUST 20, 2024
RESOLUTION NO. 2024- 049 entitled A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE CITY
MANAGER OR THE CITY MANAGER' S DESIGNEE( S) TO OBTAIN 2023
EMERGENCY MANAGEMENT PERFORMANCE GRANT FUNDS THROUGH
THE COUNTY OF ORANGE
2. Authorize the City Manager to execute a two-year agreement with the County of Orange for the period of July 1, 2023 through June 30, 2025, for the FY 2023 Emergency Management Performance Grant in an amount not to exceed 46, 342 ( Agreement No. 2024- 138).
3. Approve an appropriation adjustment recognizing $46, 342 in Law Enforcement Grants revenue account and appropriating same to the Emergency Management Performance Grant expenditure account. ( Requires five affirmative votes)
37. Zoning Ordinance Amendment No. 2024- 01 for South Coast Technology Center at 3100, 3110, 3120, 3130, and 3400 West Lake Center Drive collectively referred to as 3100 W. Lake Center Drive) ( Second Reading) First reading August 6, 2024 City Council meeting and approved by a 7-0 vote.
Department( s). Planning and Building Agency
Recommended Action:
1. Conduct a second reading and adopt an ordinance approving Zoning Ordinance Amendment ( ZOA) No. 2024- 01.
ORDINANCE NO. NS- 3068 entitled ZONING ORDINANCE AMENDMENT NO. 2024- 01 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SPECIFIC DEVELOPMENT NO. 58 ( SD- 58) TO ESTABLISH
PERMITTED AND CONDITIONALLY PERMITTED LIGHT INDUSTRIAL LAND
USES, ESTABLISH DEVELOPMENT STANDARDS FOR THE NEW
PROPOSED USES, AND TO INCLUDE ADDITIONAL
COMPREHENSIVE/ ZONING TEXT EDITS AND UPDATES, TO FACILITATE
THE CONSTRUCTION OF A NEW INDUSTRIAL PARK DEVELOPMENT
NAMED THE SOUTH COAST TECHNOLOGY CENTER LOCATED AT 3100, 3110, 3120, 3130, AND 3400 WEST LAKE CENTER DRIVE ( APNS: 414- 272- 09, 414- 272- 10, AND 414- 261- 01)
2. Determine that, pursuant to the California Environmental Quality Act (CEQA), the project is exempt from CEQA pursuant to Section 15183 of the CEQA Guidelines ( Projects Consistent with a Community Plan or Zoning).
Environmental Review No. 2023- 109 will be re -filed for this project.
END OF CONSENT CALENDAR**
CITY COUNCIL 19 AUGUST 20, 2024
BUSINESS CALENDAR
MINUTES: At 8:30 P.M., the Business Calendar was considered.
38. DesignateaVoting Delegateand up to Two Alternates for Leagueof California Cities ( Cal Cities) 2024 Annual Conference General Assembly Department( s): City Clerk' s Office
Recommended Action: Designate a voting delegate and up to two alternates for the Cal Cities Annual Conference General Assembly on Friday, October 18, 2024.
MINUTES: City Clerk Jennifer L. Hall gave a presentation regarding the designationof a votingdelegateand two alternatesfor the Leagueof California Cities General Assembly.
Mayor Amezcua nominated Councilmember Penaloza as the voting delegate.
Councilmember Penaloza declined the nomination.
Councilmember Penaloza nominated Councilmember Bacerra as the voting delegate and Councilmember Vazquez and himself as the alternates.
MOTION: Councilmember Penaloza moved to approve the nomination for Councilmember Bacerra as the delegate and Councilmembers Vazquez and Penaloza as the two alternates for League of California Cities 2024 Annual Conference General Assembly, seconded by Councilmember Bacerra.
The motion carried, 7-0, by the following roll call vote:
AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER
HERNANDEZ, COUNCILMEMBER LOPEZ,
COUNCILMEMBER PENALOZA, COUNCILMEMBER
VAZQUEZ, MAYOR PRO TEM PHAN, MAYOR AMEZCUA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Status: 7 -- 0 — Pass
CITY COUNCIL 20 AUGUST 20, 2024
39. Ordinance Amending Article VI Stadium Sec. 2-743 Liquor of the Santa Ana Municipal Code to Allow for the Sale and Consumption of Beer, Wine, and Distilled Spirits at Eddie West Field - Santa Ana Stadium Department( s): Parks, Recreation, and Community Services Recommended Action:
1. Approve first reading of an ordinance amending Article VI (Stadium), Section 2- 743 ( Liquor) of the Santa Ana Municipal Code ( SAMC) ( Exhibit 1) to allow for the sale and consumption of beer, wine, and distilled spirits at Eddie West Field - Santa Ana Stadium with the expressed written consent of the City Manager or designee.
ORDINANCE NO. NS- 3069 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 2 OF THE SANTA ANA MUNICIPAL CODE ( ADMINISTRATION), ARTICLE Vl ( STADIUM), SECTION 2- 743 — LIQUOR
2. Determine that, in accordance with the California Environmental Quality Act CEQA) and the CEQA Guidelines, the project is categorically exempt from further review per Section 15301 ( Class 1 — Existing Facilities).
3. MINUTES: Assistant City Manager Steven Mendozapresented the staff report and stated the purpose of the item is to enhance the venue's marketability and competitiveness.
MayorAmezcuarequestedclarificationon thenumberof vendorsandsecurityfor such events.
Councilmember Bacerra spoke in support of the item and requested to strike out language of " adult event."
Mayor Pro Tem Phan spoke in support of striking out language of "adult event." Councilmember Hernandez spoke in support of the item and striking out "adult" language and requested to increase visibility of language that encourages safe, responsible drinking and to promote local downtown businesses.
Councilmember Penaloza spoke in support of the item and recommended amendments to the ordinance language.
Councilmember Bacerra asked whether the City has an ABC license for the stadium.
CITY COUNCIL 21 AUGUST 20, 2024
CityManagerAlvaroNunezstatedtheCitycurrentlydoesnothaveanABClicense, spoke regardingthe process of obtainingthe license in the future, and stated vendors would have the ABC license.
MOTION: Councilmember Hernandez moved to approve the recommended action for Item No. 39, as amended to strike the language pertaining to " adult events" and determine that the action is exempt from CEQA pursuant to Section 15301 Class One Existing Facilities, seconded by Councilmember Penaloza.
The motion carried, 6-0-1, by the following roll call vote:
AYES: COUNCILMEMBER BACERRA,
HERNANDEZ, COUNCILMEMBER
COUNCILMEMBER VAZQUEZ, MAYOR
MAYOR AMEZCUA
NOES: NONE
ABSTAIN: NONE
ABSENT: COUNCILMEMBER LOPEZ
Status: 6 — 0 - 1 — Pass
END OF BUSINESS CALENDAR**
CITY MANAGER COMMENTS
COUNCILMEMBER
PENALOZA,
PRO TEM PHAN,
MINUTES: CityManagerAlvaroNunezthankedtheCityCouncilfortheirtrustandvote.
COUNCILCOMMENTS
A131234 DISCLOSURE — If the Citypaidfor travelor otherexpensesthis is thetimefor membersof theCouncilto providea brieforal reporton attendanceof anyregionalboard or commissionmeetingor anyconference, meetingoreventattended.
MINUTES: Councilmember Vazquez wished Councilmember Hernandez a happy belatedbirthday, statedhe wouldliketo bringthepresspolicyforcouncildiscussion and that he would like for the Townsend Task Force to come back together, spoke regardinghomelessnessandevictionsandincreasingQualityofLifeTeam, andgave best wishes to his mom.
Councilmember Lopez announced the Santiago Park clean up with OC Habitat on August28 and the PublicLibraryeducationaleventon August29, and spokeabouta free art exhibit and her end of month office hours.
Councilmember Hernandez thanked members of the public for their comments, announced the approval of the first OC outdoor library at Jerome Park, and spoke CITY COUNCIL 22 AUGUST 20, 2024
regarding the Chicano Heritage Month Event and the Chicano Heritage education celebration event at the library on August 29, 2024,
Councilmember Penaloza spoke regarding the decrease in students in the Santa Ana school district and requested to adjourn the meeting in memory of Linus, a member of the Santa Ana Police Department Mounted Unit.
Mayor Pro Tem Phan thanked staff for the Chicano Heritage Festival, and spoke regarding " Parents Day" Buddhist celebration, her attendance at ZOOfari, and Fiestas Patrias in September.
Mayor Amezcua spoke regarding Coffee with the Mayor at Riverview Golf Course, thanked Councilmember Bacerra for the resource fair, announced her attendance at Alfred Escalante's 99thbirthday, and spoke regarding the Santa Ana Unified School District' s lack of attention regarding student transportation. She announced the fifth anniversary of the passing of Victoria Barrios on August 30 and spoke regarding the Chicano Heritage Month event.
Councilmember Bacerra announced his monthly office hours at Lily King Park, spoke regarding homelessness, recognized the contributions of the American Labor Union, wished everyone a happy and safe Labor Day, and adjourned the meeting in memory of Billy Bean.
ADJOURNMENT — Adjourn the City Council meeting.
MINUTES: MayorAmezcua adjourned the City Council Meetingin memory of Billy Bean and Linus at 9: 17 P. M.
Respectfully submitted:
ennifer Hall CMC pa,
Ci y C1,
CITY COUNCIL 23 AUGUST 20, 2024