Santa Ana — 2023-05-02

1.\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\n

1.\nCertificates of Recognition presented by Mayor Amezcua, Mayor Pro Tem Lopez, and\nCouncilmember Bacerra to Santa Ana’s Boys Youth Basketball Teams: the Miners, the\nWildcats, and the Bruins for their Exceptional Athletic Performance.

10.\nMaster Agreement with Qualified Schools to Provide Vocational Training with Federal\nWorkforce Innovation and Opportunity Act (WIOA) and Orange County Social Services\nGrant Funds for Fiscal Year 2023-24 through Fiscal Year 2026-27(Non-General Fund)\nDepartment(s): Community Development Agency\nRecommended Action: 1. Authorize the City Manager to execute a master agreement,\nfor a total aggregate amount not to exceed $2,765,820 payable from federal Workforce\nInnovation and Opportunity Act and Orange County Social Services grant funds, for a four-\nyear period expiring June 30, 2027, with a school or training provider listed on the State\nEmployment Training Provider List (ETPL), to deliver occupational skills training on an as\nneeded basis to unemployed and low-income individuals, subject to non-substantive\nchanges approved by the City Manager and City Attorney (Agreement No. 2023-XXX).\n2. Approve schools and training programs listed on the State of California’s Eligible\nTraining Provider List to be used on an as needed basis to provide occupational training\nunder the guidelines of the Workforce Innovation and Opportunity Act.

11.\nGrant an Easement to Southern California Edison to Allow Underground Power to Serve a\nTraffic Signal (Non-General Fund)\nDepartment(s): Public Works Agency\nRecommended Action: Authorize the City Manager to execute an Easement Deed\ngranting Southern California Edison the right to own, place, and maintain power conduits\nand conductors underground to serve APN 016-035-14.

12.\nAward a Purchase Order to Landscape Structures, Inc. to Provide and Install a Universally\nAccessible Playground at Thornton Park in the Amount of $2,042,277 (Specification No.\n23-059) (Project No. 23-2602) (General and Non-General Fund)\nDepartment(s): Public Works Agency\nRecommended Action: Authorize a one-time purchase and payment to Landscape\nStructures, Inc. to furnish and install a universally accessible playground at Thornton Park\nin the amount of $2,042,277, plus a contingency of $306,342 for a total amount not to\nexceed $2,348,619, subject to non-substantive changes approved by the City Manager\nand City Attorney.

13.\nAward a Purchase Order to Amtech Elevator Services to Replace the Elevator Cylinder at\nthe Santa Ana Regional Transportation Center in the Amount of $141,945 (Non-General\nFund)\nDepartment(s): Public Works Agency\nRecommended Action: Authorize a one-time Purchase Order and payment to Amtech\nElevator Services for the replacement of the elevator cylinder at the Santa Ana Regional\nTransportation Center in the amount of $141,945, plus a contingency of $30,900 for a total\namount not to exceed $172,845, subject to non-substantive changes approved by the City\nManager and City Attorney.

14.\nAward a Construction Contract to Vido Samarzich, Inc. in the Amount of $978,455 for the\nGlenwood Place Water Improvements Project, with an Estimated Project Delivery Cost of\n$1,300,000 (Project No. 23-6476) (Non-General Fund)\nDepartment(s): Public Works Agency\nRecommended Action: 1. Award a construction contract to Vido Samarzich, Inc., the\nlowest responsible bidder, in accordance with the base bid in the amount of $978,455 for\nthe construction of the Glenwood Place Water Improvements Project, for the term\nbeginning April 18, 2023 and ending upon project completion, and authorize the City\nManager to execute the contract subject to non-substantive changes approved by the City\nManager and the City Attorney.\n2. Approve the Project Cost Analysis for a total estimated construction delivery cost of\n$1,300,000, which includes $978,455 for the construction contract, $146,768 for contract\nadministration, inspection, and testing, and a $174,777 project contingency for\nunanticipated or unforeseen work.\n3. Determine these actions are exempt from further review in accordance with the\nCalifornia Environmental Quality Act as Categorical Exemption Environmental Review No.\nER-2023-26 was filed for the project.

15.\nAward a Construction Contract to Pacific Hydrotech Corp. in the Amount of $12,795,865\nfor the Well 32 Rehabilitation Project, with an Estimated Project Delivery Cost of\n$16,634,625 (Project No. 13-6433) (Non-General Fund)\nDepartment(s): Public Works Agency\nRecommended Action: 1. Award a construction contract to Pacific Hydrotech Corp., the\nlowest responsible bidder, in accordance with the base bid in the amount of $12,795,865\nfor construction of the Well 32 Rehabilitation Project, for a term beginning May 2, 2023,\nand ending upon project completion, and authorize the City Manager to execute the\ncontract subject to non-substantive changes approved by the City Manager and the City\nAttorney.\n2. Approve the Project Cost Analysis for a total estimated construction delivery cost of\n$16,634,625, which includes $12,795,865 for the construction contract, $1,224,820 for\ncontract management, $694,560 for contract administration, inspection, and testing, and a\n$1,919,380 project contingency for unanticipated or unforeseen work.

16.\nApprove Agreements with Johnson-Frank & Associates, Inc., Stantec Consulting Services,\nInc., and Towill, Inc. for On-Call Professional Land Surveying Services, with an Aggregate\nAmount Not to Exceed $2,450,000 for Three-Year Terms (RFP No. 19-090) (Non-General\nFund)\nDepartment(s): Public Works Agency\nRecommended Action: 1. Authorize the City Manager to execute federal Caltrans\nagreements with Johnson-Frank & Associates, Inc., Stantec Consulting Services, Inc., and\nTowill, Inc. to provide on-call land surveying services on an as-needed basis, in an\naggregate amount not to exceed $950,000 for a three-year term beginning May 2, 2023\nand expiring May 1, 2026, with an option for two, one-year extensions, subject to non-\nsubstantive changes approved by the City Manager and City Attorney (Agreement No.\n2023-XXX).\n2. Authorize the City Manager to execute non-federal agreements with Johnson-Frank &\nAssociates, Inc., Stantec Consulting Services, Inc., and Towill, Inc. to provide On-Call\nLand Surveying Services on an as-needed basis, in an aggregate amount not to exceed\n$1,500,000 for a three-year term beginning May 2, 2023 and expiring May 1, 2026, with an\noption for two, one-year extensions, subject to non-substantive changes approved by the\nCity Manager and City Attorney (Agreement No. 2023-XXX).

17.\nApprove an Agreement with David Evans and Associates, Inc. in an Amount Not to Exceed\n$410,000 for the Landscape Architectural Design Services for a New Park at 10th St. and\nFlower St. for a Three-Year Term (Project No. 22-1342) (Revive Santa Ana Program)\nDepartment(s): Public Works Agency\nRecommended Action: Authorize the City Manager to execute an agreement with David\nEvans and Associates, Inc. to provide design, development of contract documents, and\nconstruction support for the proposed 10th and Flower Park project in the amount of\n$369,455, with a contingency of $40,545 for a total amount not to exceed $410,000, for a\nthree-year term beginning May 2, 2023 and expiring May 1, 2026, with an option for two,\none-year extensions, subject to non-substantive changes approved by the City Manager\nand City Attorney (Agreement No. 2023-XXX).

18.\nAmend Agreement with David Evans and Associates, Inc. for Design and Construction\nSupport Services for the Standard – McFadden Park Project by an Additional $50,000 for\nthe Remainder of the Agreement Term (Project No. 20-2729) (Non-General Fund)\nDepartment(s): Public Works Agency\nRecommended Action: Authorize the City Manager to execute a first amendment to the\nagreement with David Evans and Associates, Inc. to provide design, development, and\ncontract documents for the proposed Standard-McFadden Park project, to increase the\ncontract by $43,505, with an approximate 15 percent contingency, for a total not to exceed\namount of $50,000, for the remainder of the agreement term through August 16, 2024,\nsubject to non-substantive changes approved by the City Manager and City Attorney\n(Agreement No. 2023-XXX).

19.\nApprove Agreements with AESCO, Inc., Alta Planning + Design, Inc., CWE, IDS Group,\nInc., J. Smith & T. Muli, Inc., KPFF Consulting Engineers, Psomas, Shannon & Wilson, Tait\n& Associates, Inc., and Willdan Engineering for On-Call Engineering Services in an\nAggregate Amount Not to Exceed $5,000,000 for up to a Five-Year Term (General and\nNon-General Fund)\nDepartment(s): Public Works Agency\nRecommended Action: Authorize the City Manager to execute agreements with AESCO,\nInc., Alta Planning + Design, Inc., CWE; IDS Group, Inc., J. Smith & T. Muli, Inc., KPFF\nConsulting Engineers, Psomas, Shannon & Wilson, Tait & Associates, Inc., and Willdan\nEngineering, to provide on-call engineering services for a shared aggregate amount not to\nexceed $5,000,000, for a three-year term beginning May 2, 2023 and expiring May 1,\n2026, with provisions for two, one-year extensions, subject to non-substantive changes\napproved by the City Manager and City Attorney (Agreement No. 2023-XXX).

2.\nProclamation presented by Councilmember Phan to Asian Americans Advancing Justice\nSouthern California declaring May 2023 as Asian American and Pacific Islander Heritage\nMonth. (revised 4/26/2023)\nCLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed\nSession.

20.\nApprove Agreements with Bruce Anderson Enterprises, Inc. dba A’s Construction, EBS\nGeneral Engineering, Inc., Palp, Inc. dba Excel Paving Co., Hardy & Harper, Inc., Vido\nSamarzich, Inc., and We R Builders, Inc. for Emergency Asphalt and Portland Cement\nConcrete (PCC) Services for a Total Amount Not to Exceed $3,000,000 for up to a Five-\nYear Term (Non-General Fund)\nDepartment(s): Public Works Agency\nRecommended Action: Authorize the City Manager to execute agreements with Bruce\nAnderson Enterprises, Inc. dba A’s Construction, EBS General Engineering, Inc., Palp, Inc.\ndba Excel Paving Co., Hardy & Harper, Inc., Vido Samarzich, Inc., and We R Builders, Inc.\nto provide on-call asphalt and concrete placement services for a shared aggregate amount\nnot to exceed $3,000,000, for a three-year term beginning May 2, 2023 and expiring May\n1, 2026 with provisions for two, one-year extensions, subject to non-substantive changes\napproved by the City Manager and City Attorney (Agreement No. 2023-XXX).

21.\nApprove Amendment to Agreement with TSYS Merchant Solutions, LLC DBA Global\nPayments, Inc. for Online Debit and Credit Card and Electronic Fund Transfer Automated\nClearing House (ACH) Merchant Payment Processing Services, Support and\nMaintenance, and Purchase of Point-of-Sale Payment Terminals for a New Agreement\nAmount Not to Exceed $2,022,400\nDepartment(s): Finance and Management Services\nRecommended Action: Authorize the City Manager to execute a second amendment to\nthe agreement with TSYS Merchant Solutions, LLC, doing business as Global Payments,\nInc., for online debit and credit card payment processing, electronic fund transfer\nAutomated Clearing House (“ACH”) payment processing, support and maintenance, and\npurchase of payment terminals. The amendment includes a base contract increase in the\namount of $4,000 and general contingency increase in the amount of $120,000, for a new\nagreement amount not to exceed $2,022,400. The not to exceed amount includes a\ngeneral contingency of $362,400 over the maximum life of the agreement. The\namendment adds a base term commencing May 2, 2023 and expiring December 31, 2025,\nwith provision for two renewal options (a three-year and a one-year), subject to non-\nsubstantive changes approved by the City Manager and City Attorney (Agreement No.\n2023-XXX).

22.\nAgreement with HCI Systems, Inc. for Fire Alarm System Devices Upgrade, Testing,\nInspection, and Repair Services (General Fund)\nDepartment(s): Police Department\nRecommended Action: 1. Authorize the City Manager to execute an agreement with HCI\nSystems, Inc. for upgrades to the fire alarm system devices at the Police Administration\nand Jail Buildings and testing and inspection services for a three-year period from May 2,\n2023 to June 30, 2026 in the amount of $837,792, plus a contingency of $40,000, for a\ntotal amount not to exceed $877,792, subject to non-substantive changes approved by the\nCity Manager and City Attorney (Agreement No. 2023-XXX).\n2. Approve an amendment to the Fiscal Year 2022-2023 Capital Improvement Program to\ninclude the Fire Alarm System Devices Upgrade project.

23.\nAdopt a Resolution for Fiscal Year 2023 Homeland Security Grant Program Funding in the\nAmount of $5,113,750\nDepartment(s): Police Department\nRecommended Action: Adopt Resolution No. 2023-XXX\nA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING\nTHE CITY MANAGER AND THE CHIEF OF POLICE OR THEIR DESIGNEE(S) TO\nENTER INTO AN AGREEMENT WITH THE STATE OF CALIFORNIA GOVERNOR’S\nOFFICE OF EMERGENCY SERVICES FOR THE FY2023 URBAN AREA SECURITY\nINITIATIVE FUNDING PROGRAM (authorizing the City Manager and/or the Chief of\nPolice or their designee(s), to apply for the FY 2023 Urban Area Security Initiative grant\nand upon award, enter into an agreement with the State of California, California\nGovernor’s Office of Emergency Services for the period September 1, 2023 through\nAugust 31, 2026, in the amount of $5,113,750, of which $835,000 is obligated to the\nOrange County Intelligence Assessment Center (Agreement No. 2023-XXX)).

24.\nResolution Accepting the Donation of Science, Technology, Engineering, and Mathematics\n(STEM) Focused Amenities at Madison Park and Angels Community Park from the\nUniversity of California Irvine School of Education, and a Donation Agreement with the\nUniversity of California Irvine School of Education for the Installation of these Amenities at\nMadison Park and Angels Community Park\nDepartment(s): Parks, Recreation, and Community Services\nRecommended Action: 1. Adopt Resolution No. 2023-XXX\nA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ACCEPTING\nTHE DONATION OF SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS\n(STEM) FOCUSED AMENITIES FROM THE UNIVERSITY OF CALIFORNIA, IRVINE\nSCHOOL OF EDUCATION TO PROMOTE STEM LEARNING OPPORTUNITIES AT\nMADISON PARK AND ANGELS COMMUNITY PARK\n2. Authorize the City Manager to execute a donation agreement with The Regents of the\nUniversity of California, Irvine School of Education for the installation of the STEM-focused\namenities at Madison Park and Angels Community Park. The amenities are valued at\napproximately $249,000 and will come at no cost to the City. The agreement is valid from\nApril 18, 2023, through December 31, 2023, subject to non-substantive changes approved\nby the City Manager and City Attorney (Agreement No. 2023-XXX).

25.\nAdopt Resolution for State of California Grant and Approve Appropriation Adjustment\nRecognizing $9,000,000 of State Grant Funds for the Modernization of the Santa Ana\nCivic Center\nDepartment(s): Community Development Agency\nRecommended Action: 1. Adopt Resolution No. 2023-XXX\nA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING\nAPPLICATION FOR SPECIFIED GRANT FUNDS FROM BUDGET ACT 2022/23\n(BUDGET ACT OF 2022, AB179, CHAPTER 249, CONTROL SECTION 19.56, ITEM\n3790-101-0001(K) OTHER COMMUNITY SERVICES, (24) $9,000,000 TO THE CITY OF\nSANTA ANA FOR THE MODERNIZATION OF THE SANTA ANA CIVIC CENTER (SACC))\n2. Approve an Appropriation Adjustment recognizing State of California Grant Funds in the\namount of $9,000,000. (requires five affirmative votes)

26.\nAdopt Ordinance No. NS-3039 – AN ORDINANCE OF THE CITY COUNCIL OF THE CITY\nOF SANTA ANA AMENDING SANTA ANA MUNICIPAL CODE SECTION 8-6 RELATING\nTO LICENSE REQUIREMENTS OF CONTRACTORS AND\nSUBCONTRACTORS (includes determination that this Ordinance is not subject to the\nCalifornia Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and\n15060(c)(3) of the State CEQA Guidelines because it will not result in a direct or\nreasonably foreseeable indirect physical change in the environment, as there is no\npossibility it will have a significant effect on the environment, and it is not a “project,” as\ndefined in Section 15378 of the CEQA Guidelines)\nFirst reading at the April 18, 2023 City Council meeting, approved by a vote of 7-0.\nPublished in the Orange County Reporter on April 21, 2023.\nDepartment(s): Planning and Building Agency\nRecommended Action: Place ordinance for second reading and adopt.

27.\nPublic Hearing – Approve the Fiscal Year 2023-24 Annual Action Plan and Budgets for the\nCommunity Development Block Grant, HOME Investment Partnerships Grant, and\nEmergency Solutions Grant, and Authorize Submission to the U.S. Department of Housing\nand Urban Development\nLegal Notice published in the Orange County Register, La Opinion, and Nguoi Viet on\nMarch 20, 2023.\nDepartment(s): Community Development Agency\nRecommended Action: 1. Approve the Fiscal Year 2023-24 Annual Action Plan and\nauthorize submission to the U.S. Department of Housing and Urban Development.\n2. Approve the Fiscal Year 2023-24 budgets for the Community Development Block Grant\nprogram in the total amount of $4,808,057; HOME Investment Partnerships grant in the\namount of $1,605,667 from Grant Year 2023 allocation and a re-allocation of $6,180,123 in\nprior year program funds; and Emergency Solutions Grant in the amount of $447,249 from\nGrant Year 2023 allocation. All proposed activities’ budgets will be proportionally increased\nor decreased from the estimated funding levels to match actual allocation amounts.\n3. Direct the City Attorney to finalize and authorize the City Manager to execute\nmemorandums of understandings with various city departments awarded funds as part of\nthe approved Community Development Block Grant program budget for a term beginning\nJuly 1, 2023 through June 30, 2026, subject to non-substantive changes approved by the\nCity Manager and City Attorney (Agreement No. 2023-XXX).\n4. Direct the City Attorney to finalize and authorize the City Manager to execute a\nmemorandum of understanding with the Santa Ana Police Department and agreements\nwith non-profit homeless service providers awarded funds as part of the approved\nEmergency Solutions Grant program budget for a term beginning July 1, 2023 through\nJune 30, 2024, subject to non-substantive changes approved by the City Manager and\nCity Attorney (Agreement No. 2023-XXX).\n5. Direct the City Attorney to finalize and authorize the City Manager to execute\namendments to the current Community Development Block Grant subrecipient\nagreements for America on Track, The Delhi Center, and the Orange County Children’s\nTherapeutic Arts Center (Agreement No. 2023-XXX).\nWORK STUDY SESSION

28.\nFiscal Year 2023-24 Budget Work Study Session\nDepartment(s): Finance and Management Services\nRecommended Action: Discuss and provide direction to staff.\nCOUNCILMEMBER REQUESTED ITEMS

29.\nDiscuss and Consider Directing the City Attorney and City Manager to Make a Public\nReport on the Homeless Federal Agreement and the City’s Plans to Address Enforcement\nand Impacts Related to the Upcoming Expiration of the Agreement as it Relates to\nFunding, Clean-Ups, and Shelter Services – Mayor Amezcua

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

30.\nDiscuss Request to “Call Up” Planning Commission Item Conditional Use Permit No.\n2023-09, Request to Upgrade the Existing Type 41 On-Sale Alcoholic Beverage Control\n(ABC) License to a Type 47 On-Sale Alcoholic Beverage Control (ABC) License to Allow\nthe On-Premises Sale of Beer, Wine, and Distilled Spirits at an Existing Eating\nEstablishment Located at 1208 East McFadden Avenue located within the Planned\nShopping Center (C4) Zoning District (Mariscos Hector Sports Grill) and Consider\nScheduling a Public Hearing – Councilmember Penaloza\nCITY MANAGER COMMENTS

4.\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\n(Continued from the City Council meeting of April 18, 2023, Item No. 9)\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.

5.\nAppoint Carl Benninger Nominated by Councilmember Bacerra as the Ward\n4 Representative to the Planning Commission for a Full-Term Expiring December 8, 2026\nDepartment(s): City Clerk’s Office\nRecommended Action: Appoint Carl Benninger to the Planning Commission as the Ward\n4 representative and administer Oath of Office.

6.\nReceive and File Single Audit Report for the Fiscal Year Ended June 30, 2022\nDepartment(s): Finance and Management Services\nRecommended Action: Receive and file Single Audit Report for the Fiscal Year Ended\nJune 30, 2022.

7.\nQuarterly Report for Housing Division Projects and Activities for the Period of January 1,\n2023 to March 31, 2023\nDepartment(s): Community Development Agency\nRecommended Action: Receive and file the Quarterly Report for Housing Division\nProjects and Activities for the period of January 1, 2023 to March 31, 2023.

8.\nApprove Appropriation Adjustment Recognizing the Remaining Balance of Emergency\nHousing Voucher Service Fees\nDepartment(s): Community Development Agency\nRecommended Action: Approve an appropriation adjustment for Emergency Housing\nVoucher Service Fees in the amount of $155,750. (requires five affirmative votes)

9.\nBiennial Modification to the Program Year (PY) 2021-24 Regional and Local Workforce\nPlan for Grant Funds Received from the Federal Title I Workforce Innovation and\nOpportunity Act\nDepartment(s): Community Development Agency\nRecommended Action: 1. Approve the modification to the Regional and Unified Local\nPlan for PY 2021-24 and direct staff to submit to the California Workforce Development\nBoard and State of California Employment Development Department.\n2. Authorize the Mayor to execute all documents necessary for the submission of the PY\n2021-24 modified Regional and Unified Local Plan.\n3. Authorize staff to submit revisions to the PY 2021-24 Regional and Unified Local Plan\nshould they be necessary as requested by the California Workforce Development Board or\nCalifornia Employment Development Department.