Santa Ana — 2023-04-18

1.\nCONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION pursuant to Paragraph\n(1) of subdivision (d) of Section 54956.9 of the Government Code:\nA. Candelario Jalomo v. City of Santa Ana, et al., Orange County Superior Court, Case No.\n30-2019-01118103-CU-WT-CJC

2.\nCONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section\n54957.6(a):\nAgency Negotiators: Human Resources Executive Director, Jason Motsick\nEmployee Organizations:\nSanta Ana Police Officers Association (POA)\nService Employees’ International Union (SEIU) Full-Time Employees

3.\nPUBLIC EMPLOYEE PERFORMANCE EVALUATION\n(California Government Code Section 54947(b)(1))\nTitle: City Manager

4.\nCONFERENCE WITH LABOR NEGOTIATOR\n(California Government Code Section 54957.6)\nUnrepresented Employee: City Manager\nRECONVENE – City Council will reconvene to continue regular City business.\nCLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed\nSession.

1.\nCertificate of Recognition presented by Mayor Amezcua to Selina Mendez for Outstanding\nContributions to the Community.

10.\nAward a Purchase Order to Siemens Industry, Inc. in the Amount of $400,000 to Automate\nHeating, Ventilation, and Air Conditioning (HVAC) Building Controls at the Ross Annex\n(Specification No. 23-047) (General Fund)\nDepartment(s): Public Works Agency\nRecommended Action: Authorize a one-time purchase order and payment to Siemens\nIndustry, Inc. for the automation of HVAC building controls on the third and fourth floors of\nthe Ross Annex Building in the amount of $356,538, plus a contingency of $43,462 for a\ntotal amount not to exceed $400,000, subject to non-substantive changes approved by the\nCity Manager and City Attorney.

11.\nAward Purchase Order to Matthews Specialty Vehicles, in the Amount of $439,922, for an\nF-59 Ford Chassis Book Mobile Conversion Vehicle (Specification No. 23-013) (General\nFund and Cannabis Public Benefits Fund)\nDepartment(s): Public Works Agency and Library Services Agency\nRecommended Action: Authorize a one-time purchase and payment to Matthews\nSpecialty Vehicles for a 2023 F9 Ford chassis book mobile conversion, in the amount of\n$414,922, plus a contingency of $25,000 for a total amount not to exceed $439,922,\nsubject to non-substantive changes approved by the City Manager and City Attorney.

12.\nAuthorize a One-Time Appropriation Adjustment of $500,000 Using General Funds\nBalance to Increase the FY 2022-23 Annual Amount for Asphalt Pothole Repair by\n$300,000, and the Remaining $200,000 Will be Issued Through Emergency Purchase\nOrder Procedures to Quickly Improve Service Levels For Pothole Repairs (Specification\nNo. 18-092) (General Fund)\nDepartment(s): Public Works Agency\nRecommended Action: 1. Authorize a one-time appropriation of $500,000 using General\nFund balance to 01117017 Public Works - Service Enhancements for FY 2022-23\nRoadway Maintenance. (Requires five affirmative votes)\n2. Approve an amendment to the Purchase Order Contract with All American Asphalt for\nasphalt pothole repair to increase the current term by $300,000, for a total annual amount\nnot to exceed $1,200,000, and add one, two-year renewal term to the purchase order\nexercisable by the City Manager and City Attorney, subject to non-substantive changes\napproved by the City Manager and City Attorney.

13.\nAward a Construction Contract to Diamond Construction & Design in the Amount of\n$1,374,150 for the Kennedy Elementary and Villa Fundamental Intermediate Safe Route to\nSchool (SRTS) Project With an Estimated Project Delivery Cost of $1,659,049 (Project No.\n20-6963, ATPSB1L-5063(199) (General and Non-General Fund)\nDepartment(s): Public Works Agency\nRecommended Action: 1. Approve an amendment to the Fiscal Year 2022-23 Capital\nImprovement Program to include $130,000 of funding in General Fund for the Kennedy\nElementary and Villa Fundamental Intermediate SRTS.\n2. Authorize the reallocation of unspent Measure M2 Local Fairshare funds from various\nprojects; $128,316 from Bike Lane Project Development, $84,733 from Traffic Safety\nProject Development, and $25,000 from the Jackson Elementary Improvements Project,\nfor a total of $238,047 to the Kennedy Elementary and Villa Fundamental Intermediate\nSRTS Project to complete the project’s funding requirement.\n3. Award a construction contract to Diamond Construction & Design, the lowest\nresponsible bidder, in accordance with the base bid in the amount of $1,374,150, for\nconstruction of the Kennedy Elementary and Villa Fundamental Intermediate SRTS\nProject, for the term beginning April 18, 2023, and ending upon project completion, and\nauthorize the City Manager to execute the contract subject to non-substantive changes\napproved by the City Manager and the City Attorney.\n4. Approve the Project Cost Analysis for a total estimated construction delivery cost of\n$1,659,049, which includes $1,374,150 for the construction contract, $147,484 for contract\nadministration, inspection, and testing; and a $137,415 project contingency for\nunanticipated or unforeseen work.\n5. Determine that the recommended actions are exempt from further review in accordance\nwith the California Environmental Quality Act as Categorical Exemption Environmental\nReview No. ER-2020-96 was filed for Project 20-6963.

14.\nApprove Additional Contingency Funds for an Existing Construction Contract with HYM\nEngineering, in the Amount of $1,198,427, for the Santa Ana Zoo Giant River Otter and\nPrimate Trials Project with an Estimated Project Delivery Cost of $7,798,427 (Project No.\n16-2658) (General and Non-General Fund)\nDepartment(s): Public Works Agency\nRecommended Action: 1. Approve an amendment to the Project Cost Analysis to\nrecognize $1,198,427 for $1,056,880 in additional contingency funds and $141,547 in\nadditional contract administration, inspection, and testing for a new estimated total\nconstruction delivery cost of $7,798,427. The new estimated total construction delivery\ncosts include $5,289,238 for the construction contract, $923,385 for contract\nadministration, inspection, testing, and a $1,585,804 project contingency for unanticipated\nor unforeseen work, subject to non-substantive changes approved by the City Manager\nand City Attorney.\n2. Approve an amendment to the Fiscal Year 2022-23 Capital Improvement Program for\n$1,198,427.

15.\nAward a Construction Contract to CJW Construction, Inc. in the Amount of $4,942,135,\nApprove an Amendment to the Fiscal Year 2022-23 CIP, and Approve Amendment to the\nAgreement with J. Smith & T. Muli, Inc. to Increase the Contract for the Centennial Lake\nCirculation Renovation Project with an Estimated Total Delivery Cost of $6,179,135\n(Project No. 18-2681) (Revive Santa Ana program)\nDepartment(s): Public Works Agency\nRecommended Action: 1. Approve an amendment to the Fiscal Year 2022-23 Capital\nImprovement Program to include $1,342,240 of funding in American Rescue Plan Funds\nfor the Centennial Lake Circulation Renovation project.\n2. Award a construction contract to CJW Construction, Inc., the lowest responsive and\nresponsible bidder, in accordance with the base bid in the amount of $4,942,135, for the\nconstruction of the Centennial Lake Circulation Renovation Project, for a term beginning\nApril 18, 2023, and ending upon project completion, and authorize the City Manager to\nexecute the contract subject to non-substantive changes approved by the City Manager\nand the City Attorney.\n3. Approve the Project Cost Analysis for a total estimated construction delivery cost of\n$6,179,135, which includes $4,942,135 for the construction contract; $742,000 for contract\nadministration, inspection, and testing; and a $495,000 project contingency for\nunanticipated or unforeseen work.\n4. Authorize the City Manager to execute the first amendment to the agreement with J.\nSmith & T. Muli, Inc. to increase the Contract Amount by $11,500, for a total amount not to\nexceed $61,391, for lake engineering and construction services for the remaining term of\nthe agreement, beginning May 20, 2022 through December 31, 2023, including up to two\nadditional one-year periods upon a writing executed by the City Manager and City Attorney\n(Agreement No. 2023-XXX).\n5. Determine the recommended actions are exempt for further review in accordance with\nthe California Environmental Quality Act as Categorical Exemption Environmental Review\nNo. ER-2023-31 was filed for Project 18-2681.

16.\nApprove Agreements with Hillsborough Fence Company, J & A Engineering Corporation,\nand Quality Fence Co. Inc., for a Total Amount Not to Exceed $3,000,000, for up to a Five-\nYear Term for As-Needed Installation, Maintenance, and Repair for Fencing and Gate\nServices (Non-General Fund)\nDepartment(s): Public Works Agency\nRecommended Action: Authorize the City Manager to execute agreements with\nHillsborough Fence Company, J & A Engineering Corporation, and Quality Fence Co. Inc.\nto provide on-call installation, maintenance, and repair for fencing and gates, for a shared\naggregate amount not to exceed $3,000,000 for a three-year term beginning April 18, 2023\nand expiring April 18, 2026, with provisions for two, one-year extensions, subject to non-\nsubstantive changes approved by the City Manager and City Attorney (Agreement No.\n2023-XXX).

17.\nApprove Agreements with AESCO, Inc., Kleinfelder, Inc., and RMA Group, Inc., for a Total\nAmount Not to Exceed $2,950,000, for On-Call Material Testing and Special Inspection\nServices (Non-General Fund)\nDepartment(s): Public Works Agency\nRecommended Action: 1. Authorize the City Manager to execute a Caltrans federally\nprocured agreement with AESCO, Inc., Kleinfelder, Inc., and RMA Group, Inc. to provide\nOn-Call Material Testing and Special Inspection Services, for a shared aggregate amount\nnot to exceed $950,000, for a term beginning April 18, 2023 and expiring July 5, 2024, with\nprovisions for two, one-year extensions, subject to non-substantive changes approved by\nthe City Manager and City Attorney (Agreement No. 2023-XXX).\n2. Authorize the City Manager to execute the first amendment to the standard agreement\nwith AESCO, Inc., Kleinfelder, Inc., and RMA Group, Inc. to provide On-Call Material\nTesting and Special Inspection Services, and increase the contract amount by $1,000,000\nfor a total amount not to exceed $2,000,000, for the remaining term through July 5, 2024,\nsubject to non-substantive changes approved by the City Manager and City Attorney\n(Agreement No. 2023-XXX).

18.\nApprove First Amendment to Agreement with Elite Special Events, Inc. to Increase the\nNot-to-Exceed Amount by $20,000 per Year through June 30, 2023, for a Total Agreement\nAmount of $38,050, to Provide Event Equipment and Services at Various City Events\n(General Fund)\nDepartment(s): Parks, Recreation, and Community Services\nRecommended Action: Authorize the City Manager to execute the first amendment to the\nagreement with Elite Special Events to provide event equipment and services for various\nCity events, to increase the amount by $20,000, for a total not-to-exceed amount of\n$38,050, through June 30, 2023, subject to non-substantive changes approved by the City\nManager and City Attorney (Agreement No. 2023-XXX).

19.\nHistoric Property Preservation Agreement\nDepartment(s): Planning and Building Agency\nRecommended Action: Authorize the City Manager or designee to execute the attached\nMills Act agreement with the below-referenced property owners for the identified\nstructure(s), subject to non-substantive changes approved by the City Manager and City\nAttorney (includes determination that the proposed project is exempt from further review in\naccordance with the California Environmental Quality Act (CEQA) as the following\nCategorical Exemption will be filed for this project: ER No. 2023-10).\nProperty Owner(s), Historic Property Preservation Agreement No., Address/House, Vote\nby HRC\nBrian and Krystle Newquist, 2023-01, 2311 N. Benton Way, 8:1:0:0 (Murashie dissented)\n(Agreement No. 2023-XXX)

2.\nProclamation presented by Mayor Pro Tem Lopez and Councilmember Vazquez to\nSouthern California Coalition for Occupational Safety & Health declaring April 28, 2023 as\nWorkers’ Memorial Day. (Revised 4/12/23)

20.\nAdopt a Resolution to Authorize the City Manager to Accept the California Automated\nPermit Processing Program Grant in the Amount of $100,000 and Execute the Grant\nAgreement with the State of California Energy Commission, and Approve an Appropriation\nAdjustment Recognizing Funds\nDepartment(s): Planning and Building Agency\nRecommended Action: 1. Adopt Resolution No. 2023-XXX\nA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING\nTHE RECEIPT OF FUNDS FROM THE CALIFORNIA ENERGY COMMISSION FOR THE\nCALIFORNIA AUTOMATED PERMIT PROCESSING PROGRAM (includes determination\nthat the proposed action is exempt from further review pursuant to Section 15061(b)(3) of\nthe California Environmental Quality Act (CEQA) and the CEQA Guidelines as there is no\npotential for any environmental impact).\n2. Approve an appropriation adjustment recognizing the CalAPP grant funds, in the\namount of $100,000, to revenue account number and appropriate same to expenditure\naccount numbers. (Requires five affirmative votes)

21.\nFirst Reading of an Ordinance to Amend Section 8-6 of the Santa Ana Municipal Code\n(SAMC) Pertaining to License Requirements of Contractors and Subcontractors to Include\nthe Collection and Disclosure of Information Regarding Pending or Prior Enforcement\nActions for any State or Federal Labor Violations (Revised 4/12/23)\nDepartment(s): Planning and Building Agency\nRecommended Action: Conduct a first reading of Ordinance Amendment No. 2023-02 –\nAn ordinance of the City Council of the City of Santa Ana amending Section 8-6 of the\nSanta Ana Municipal Code (SAMC) pertaining to license requirements of contractors and\nsubcontractors to include the collection and disclosure of information regarding pending or\nprior enforcement actions for any state or federal labor violations.\nAN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING\nSANTA ANA MUNICIPAL CODE SECTION 8-6 RELATING TO LICENSE\nREQUIREMENTS OF CONTRACTORS AND SUBCONTRACTORS (includes\ndetermination that this Ordinance is not subject to the California Environmental Quality\nAct (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the State CEQA\nGuidelines because it will not result in a direct or reasonably foreseeable indirect physical\nchange in the environment, as there is no possibility it will have a significant effect on the\nenvironment, and it is not a “project,” as defined in Section 15378 of the CEQA\nGuidelines).

22.\nEarly Direction for Fiscal Year 2023-24 Budget Cycle\nDepartment(s): Finance and Management Services\nRecommended Action: Provide early budget direction to staff for the upcoming fiscal\nyear.

23.\nResolution Declaring the Termination of Local Emergency Regarding the COVID-19\nPandemic\nDepartment(s): City Manager’s Office\nRecommended Action: Adopt Resolution No. 2023-XXX\nA RESOLUTION OF THE SANTA ANA CITY COUNCIL DECLARING THE TERMINATION\nOF THE PROCLAMATION OF A LOCAL EMERGENCY REGARDING THE\nCORONAVIRUS (COVID-19) PANDEMIC

24.\nResolution Declaring Opposition to Assembly Bill 742 (Jackson)\nDepartment(s): City Manager’s Office\nRecommended Action: Adopt Resolution No. 2023-XXX\nA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA OPPOSING\nCALIFORNIA ASSEMBLY BILL 742 (JACKSON)

25.\nSunshine Ordinance Amendments Work Study Session\nDepartment(s): Planning and Building Agency\nRecommended Action: Discuss and provide direction to staff.\nCITY MANAGER COMMENTS

3.\nCertificates of Recognition presented by Councilmember Bacerra and Councilmember\nPenaloza to the 2023 Santa Ana Police Athletic & Activity League Ladybug Champions for\ntheir Exceptional Athletic Performance.

4.\nCertificates of Recognition presented by Councilmember Penaloza to the Santa Ana\nPolice Department’s 2023 Distinguished Service Medal Recipient, Detective Joshua\nEspadas, and Uniformed Officer of the Year, Officer Dominic Dominguez.

5.\nProclamation presented by Councilmember Phan to Boat People SOS Center for\nCommunity Advancement declaring April 30 as Black April.\nSTAFF PRESENTATIONS

6.\nHomelessness Update

7.\nExcused Absences\nDepartment(s): City Clerk’s Office\nRecommended Action: Excuse the absent members.

9.\nAppoint Nadin Said Nominated by Councilmember Bacerra as the Ward 4 Representative\nto the Police Oversight Commission for a Full-Term Expiring December 8, 2026\nDepartment(s): City Clerk’s Office\nRecommended Action: Appoint Nadin Said to the Police Oversight Commission as the\nWard 4 representative and administer Oath of Office.