Santa Ana — 2023-06-06

1.\nCONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION pursuant to Paragraph\n(1) of subdivision (d) of Section 54956.9 of the Government Code:\nA. City of Santa Ana v. Dyer 18 LLC, Orange County Superior Court, Case No. 30-2022-\n01248172\nB. City of Santa Ana v. Dyer 18 LLC, United States District Court, Case No. 8:22-cv-\n00433

2.\nCONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section\n54957.6(a):\nAgency Negotiators: Jason Motsick, Human Resources Executive Director\nEmployee Organizations:\nSanta Ana Police Officers Association (POA)

1.\nProclamation presented by Mayor Pro Tem Lopez to Moms Demand Action declaring June\n2, 2023, as National Gun Violence Awareness Day.

10.\nApprove the Recognition of $84,582.90 of Revenue for Certain Unclaimed Monies from\nVarious City Funds (General Fund)\nDepartment(s): Finance and Management Services\nRecommended Action: Approve the recognition of $84,582.90 of revenue in the General\nFund for certain unclaimed deposits, as allowed by state law.

11.\nApprove Prepayment for the City’s Contribution to Both the CalPERS Miscellaneous and\nSafety Employee Pension Unfunded Liability for Fiscal Year (FY) 2023-24\nDepartment(s): Finance and Management Services\nRecommended Action: 1. Approve a $9,568,651 pre-payment for the City’s annual\nUnfunded Actuarial Liability to California Public Employees Retirement System (CalPERS)\n– Miscellaneous Plan for Fiscal Year 2023-24, to save $319,984.\n2. Approve a $12,780,268 pre-payment for the City’s annual Unfunded Actuarial Liability\nto California Public Employees Retirement System (CalPERS) – Safety Plan for Fiscal\nYear 2023-24, to save $427,383.

12.\nApprove a Purchase Order in the Amount of $175,572 to The Charles Machine Works, Inc.\nfor Sewer Lining Tools (Specification No. 23-023) (Non-General Fund)\nDepartment(s): Public Works Agency\nRecommended Action: Authorize a one-time purchase order to The Charles Machine\nWorks, Inc. for the purchase of sewer lining tools in the amount of $146,310, plus a\ncontingency of $29,262, for a total amount not to exceed $175,572 subject to non-\nsubstantive changes approved by the City Manager and City Attorney.

13.\nAward a Purchase Order to Core & Main, LP for One Dri-Prime SD150M Diesel Pump in\nan Amount Not to Exceed $55,589 (Specification No. 23-045) (Non-General Fund)\nDepartment(s): Public Works Agency\nRecommended Action: Award a one-time purchase and payment of Purchase Order to\nCore & Main, LP for one Dri-Prime SD150M Diesel Pump, in an amount not to exceed\n$55,589, subject to non-substantive changes approved by the City Manager and City\nAttorney.

14.\nAward a Purchase Order to Bragg Investment Company, Inc., dba Coastline Equipment,\nfor a John Deere 410L Backhoe in an Amount Not to Exceed $190,026 (Specification No.\n23-077) (General and Non-General Funds\nDepartment(s): Public Works Agency\nRecommended Action: Authorize a one-time purchase and payment of a purchase order\nto Bragg Investment Company, Inc., dba Coastline Equipment, for one John Deere 410L\nBackhoe, in the amount of $185,026, plus a contingency amount of $5,000, for a total\namount not to exceed $190,026, subject to non-substantive changes approved by the City\nManager and City Attorney.

15.\nAward a Purchase Order to Terex Utilities, Inc. for an Aerial/Tree Trimmer Combo Truck in\nan Amount Not to Exceed $426,129 (Specification No. 23-076) (General Fund and Non-\nGeneral Fund)\nDepartment(s): Public Works Agency\nRecommended Action: Authorize a one-time purchase and payment of a purchase order\nto Terex Utilities, Inc. for one Terex Hi-Ranger XTPro 60 Aerial/Tree Trimmer combo truck,\nin the amount of $406,129 plus a contingency amount of $20,000, for a total amount not to\nexceed $426,129, subject to non-substantive changes approved by the City Manager and\nCity Attorney.

16.\nAward a Purchase Order to Sandbag Store, LLC. for an Ultimate Bagger Machine in an\nAmount Not to Exceed $60,029 (Specification No. 23-083) (Non-General Fund)\nDepartment(s): Public Works Agency\nRecommended Action: Authorize a one-time purchase and payment of a purchase order\nto Sandbag Store, LLC. for one Ultimate Bagger machine, in the amount of $55,029 plus a\ncontingency of $5,000, for a total amount not to exceed $60,029, subject to non-\nsubstantive changes approved by the City Manager and City Attorney.

17.\nAward a Purchase Order to Pres Tech Equipment Company for a Vacuum Excavator in an\nAmount Not to Exceed $107,759 (Specification No. 23-088) (General Fund)\nDepartment(s): Public Works Agency\nRecommended Action: Authorize a one-time purchase and payment of a purchase order\nto Pres Tech Equipment Company for one Pacific Tek PV500 Vacuum Excavator Trailer, in\nthe amount of $97,759 plus a contingency amount of $10,000, for a total amount not to\nexceed $107,759, subject to non-substantive changes approved by the City Manager and\nCity Attorney.

18.\nAward a Purchase Order to PB Loader Corporation for a Flatbed Truck with Cement Mixer\nin an Amount Not to Exceed $159,989 (Specification No. 23-087) (Non-General Fund)\nDepartment(s): Public Works Agency\nRecommended Action: Authorize a one-time purchase and payment of a purchase order\nto PB Loader Corporation for one Flatbed Truck with Cement Mixer, in the amount of\n$149,989 plus a contingency amount of $10,000, for a total amount not to exceed\n$159,989, subject to non-substantive changes approved by the City Manager and City\nAttorney.

19.\nAward a Purchase Order to BAUSS Manufacturing Inc. for Five Portable Restroom Trailers\nin an Amount Not to Exceed $79,437 (Specification No. 23-066) (Non-General Fund)\nDepartment(s): Public Works Agency\nRecommended Action: Authorize a one-time purchase and payment of a purchase order\nto BAUSS Manufacturing Inc. for five Portable Restroom Trailers, in the amount of $69,437\nplus a contingency amount of $10,000, for a total amount not to exceed $79,437, subject\nto non-substantive changes approved by the City Manager and City Attorney.

2.\nProclamation presented by Councilmember Phan to Da Màu Foundation declaring June\n2023, as National Immigrant Heritage Month.\nCLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed\nSession.

20.\nAward Purchase Orders to Guaranty Chevrolet Motors, Inc. and Penske Chevrolet of\nCerritos in an Aggregate Amount Not to Exceed $1,256,274 (Specification No. 23-055A)\n(General Fund and Non-General Fund)\nDepartment(s): Public Works Agency\nRecommended Action: 1. Authorize a one-time purchase and payment of purchase\norder to Guaranty Chevrolet Motors, Inc. for 20 Chevrolet Vehicles (various models), in the\namount of $1,020,752, plus a contingency amount of $125,000, for a total amount not to\nexceed $1,145,752, subject to non-substantive changes approved by the City Manager\nand City Attorney.\n2. Authorize a one-time purchase and payment of purchase order to Penske Chevrolet of\nCerritos for one 2500HD Service Body Truck, in the amount of $100,522, plus a\ncontingency amount of $10,000, for a total amount not to exceed $110,522, subject to non-\nsubstantive changes approved by the City Manager and City Attorney.

21.\nAward a Purchase Order to Tolar Manufacturing for Advertising and Non-Advertising Bus\nShelters, Bus Benches, and Trash Containers in the Amount of $776,528 (Project 22-\n6999) (Non-General Fund)\nDepartment(s): Public Works Agency\nRecommended Action: Authorize a one-time purchase and payment of purchase order to\nTolar Manufacturing for 30 advertising shelters, 18 non-advertising shelters, 58 bus\nbenches, and 67 trash containers, for a total amount not to exceed $776,528, subject to\nnon-substantive changes approved by the City Manager and City Attorney.

22.\nAward a Purchase Order to PFVT Motors, Inc. for one Ford F-150 Police Responder Truck\nin an Amount Not to Exceed $66,613 (Specification No. 23-075) (Non-General Fund)\nDepartment(s): Public Works Agency\nRecommended Action: Authorize a one-time purchase and payment of purchase order to\nPFVT Motors, Inc. for one Ford F-150 Police Responder Truck, in an amount not to\nexceed $56,613, plus a contingency amount of $10,000 for a total amount not to exceed\n$66,613, subject to non-substantive changes approved by the City Manager and City\nAttorney.

23.\nAward a Purchase Order to MMLJ, Inc. for a Dustless Blasting Machine in an Amount Not\nto Exceed $78,979 (Specification No. 23-084) (General Fund)\nDepartment(s): Public Works Agency\nRecommended Action: Authorize a one-time purchase and payment of a purchase order\nto MMLJ, Inc. for one DB800 Mobile XL Dustless Blasting Machine on XL Trailer, in the\namount of $73,979, plus a contingency amount of $5,000, for a total amount not to exceed\n$78,979, subject to non-substantive changes approved by the City Manager and City\nAttorney.

24.\nAward a Blanket Order Contract to SiteOne Landscape Supply for Landscaping and\nNursery Materials in a Not-To-Exceed Amount of $2,500,000 (Specification No. 23-018)\n(General Fund)\nDepartment(s): Public Works Agency\nRecommended Action: Award a blanket order contract to SiteOne Landscape Supply for\nthe purchase of landscaping and nursery materials on an as-needed basis, in an annual\namount not to exceed $500,000 with a total aggregate contract amount not to exceed\n$2,500,000, for an initial one-year term expiring on June 5, 2024, with provisions for four,\none-year renewal options, subject to non-substantive changes approved by the City\nManager and City Attorney.

25.\nApprove Change Order and Revised Project Cost Analysis for an Existing Construction\nContract with iBuild Spectrum, Inc., for a Total Project Delivery Cost of $1,740,000, for the\nCampesino Park, Memorial Park, and Madison Park Restrooms (Project Nos. 21-7533,\n21-7534, 21-7535) (Non-General Fund) (Revive Santa Ana Program)\nDepartment(s): Public Works Agency\nRecommended Action: Authorize the City Manager to approve Change Orders and\nrevise the Project Cost Analysis to reflect a transfer of savings from construction\nadministration and inspection to contingency in an amount of $33,898, with a total Project\nDelivery Cost of $1,740,000.

26.\nAward a Construction Contract to Towo Enterprise, Inc., in the amount of $319,320, for the\nPedestrian and Mobility Improvement Phase I for an Estimated Project Delivery Cost of\n$416,000 (Project No. 22-1405) (Revive Santa Ana Program)\nDepartment(s): Public Works Agency\nRecommended Action: 1. Authorize the City Manager to reject the bid submitted by\nEBS General Engineering Inc. as non-responsive and award a construction contract to\nTowo Enterprise, Inc., the lowest responsive bidder, in accordance with the base bid in the\namount of $319,320, for construction of the Pedestrian and Mobility Phase I, for the term\nbeginning June 6, 2023 and ending upon project completion, subject to non-substantive\nchanges approved by the City Manager and the City Attorney.\n2. Approve the Project Cost Analysis for a total estimated construction delivery cost of\n$416,000, which includes $319,320 for the construction contract, $47,898 for contract\nadministration, inspection, and testing, and $48,782 project contingency for unanticipated\nor 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-2023-04 was filed for the project.

27.\nApprove a Capital Improvement Project Amendment for Traffic Calming Improvements\nPhases 1 to 3 (Project Nos. 23-6034, 23-6036, 23-6037) and Alley and Pavement\nImprovements (Project No. 23-6910)\nDepartment(s): Public Works Agency\nRecommended Action: 1. Approve an amendment to the Fiscal Year 2022-23 Capital\nImprovement Project to include $595,000 of funding for the Traffic Calming Improvements\nPhase 1 (Project No. 23-6034).\n2. Approve an amendment to the Fiscal Year 2022-23 Capital Improvement Project to\ninclude $820,800 of funding for the Traffic Calming Improvements Phase 2 (Project No.\n23-6036).\n3. Approve an amendment to the Fiscal Year 2022-23 Capital Improvement Project to\ninclude $1,300,000 of funding to the Traffic Calming Improvements Phase 3 (Project No.\n23-6037).\n4. Approve an amendment to the Fiscal Year 2022-23 Capital Improvement Project to\ninclude $2,000,000 of funding to the Alley and Pavement Improvements FY 22/23 (Project\nNo. 23-6910).

28.\nApprove Appropriation Adjustments and Capital Improvement Project Amendments for the\nRousselle Street Flood Protection Project (Project No. 23-6627) and Warner Avenue Flood\nProtection Project (Project No. 23-6628) (Non-General Fund)\nDepartment(s): Public Works Agency\nRecommended Action: 1. Approve an appropriation adjustment to recognize\n$5,755,000 in Prop 68 Flood Management Protection Risk Awareness funding from the\nCalifornia Department of Water Resources into the Public Works Agency Enterprise\nCapital Grants, State Grant-Direct Revenue Account and appropriate the same amount\ninto the Public Works-Water Quality and Control, Improvements Other Than Building\nexpenditure account. (Requires five affirmative votes)\n2. Approve an amendment to the Fiscal Year 2022-23 Capital Improvement Project to\ninclude $4,675,000 of funding from the DWR Prop 68 FMPRA Program for the Rousselle\nStreet Flood Protection Project.\n3. Approve an amendment to the Fiscal Year 2022-23 Capital Improvement Project to\ninclude $1,080,000 of funding from the DWR Prop 68 FMPRA Program for the Warner\nAvenue Flood Protection Project.

29.\nApprove an Agreement with Color-Ad, Inc. to Design, Fabricate, and Install Interpretive\nDisplays at the Santiago Creek EcoCenter for Total Amount Not to Exceed $900,000 (Non-\nGeneral Fund)\nDepartment(s): Parks, Recreation, and Community Services\nRecommended Action: Authorize the City Manager to execute an agreement with Color-\nAd, Inc. for design, fabrication, and installation of interpretive displays at the Santiago\nCreek EcoCenter, in the amount of $855,000 plus a contingency of $45,000, for a total\namount not to exceed $900,000, for a three-year period with the option of two 1-year\nrenewals, and authorize the City Manager to execute the contract subject to non-\nsubstantive changes approved by the City Manager and the City Attorney (Agreement No.\n2023-XXX).

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

30.\nAmendment to Agreement with California Barricade Rentals, Inc. for Traffic Control\nEquipment and Services at City Events to Remove the Annual Amounts and to Increase\nthe Total Agreement not-to-Exceed Amount by $65,000 through March 31, 2025, for a New\nTotal not-to-Exceed Amount of $215,000 (General Fund)\nDepartment(s): Parks, Recreation, and Community Services\nRecommended Action: Authorize the City Manager to execute an amendment to the\nagreement with California Barricade Rentals, Inc. for traffic control equipment and services\nat City events to remove the annual amounts and to increase the total agreement not-to-\nexceed amount by $65,000, through March 31, 2025, for a new total not-to-exceed amount\nof $215,000, subject to non-substantive changes approved by the City Manager and City\nAttorney (Agreement No. 2023-XXX).

31.\nApprove an Agreement with Community SeniorServ, Inc. dba Meals on Wheels Orange\nCounty for the Senior Meals Program for a Total Not-to-Exceed Amount of $100,000\n(General Fund)\nDepartment(s): Parks, Recreation, and Community Services\nRecommended Action: Authorize the City Manager to execute an agreement with\nCommunity SeniorServ, Inc., dba Meals On Wheels Orange County for the Senior Meals\nProgram in the amount of $90,300 for base services (home-delivered meals and lunch\ncafe programs) and $9,700 for additional as-needed services, for a total not-to-exceed\namount of $100,000 for the period of July 1, 2023 to June 30, 2024, subject to non-\nsubstantive changes approved by the City Manager and City Attorney (Agreement No.\n2023-XXX).

32.\nAmend the Agreement with Major League Infields, Inc. to Increase the Contract Amount by\n$80,000 for Maintenance Services of Baseball and Softball Diamonds (General Fund)\nDepartment(s): Public Works Agency\nRecommended Action: Authorize the City Manager to execute the first amendment to the\nagreement with Major League Infields, Inc. to provide scheduled infield and warning track\nmaintenance at city parks, increasing the amount by $80,000, which includes a $15,000\ncontingency, for the remaining term until January 31, 2024, for a total agreement amount\nof $1,374,507, subject to non-substantive changes approved by the City Manager and the\nCity Attorney (Agreement No. 2023-XXX).

33.\nApprove Agreement Amendments with Ocean Blue Environmental Services, Inc. and\nUnited Storm Water, Inc. for Spill Response, Hazardous Waste Disposal, and Storm Drain\nFacility Maintenance Services (Non-General Fund)\nDepartment(s): Public Works Agency\nRecommended Action: 1. Authorize the City Manager to execute a second amendment\nto the Agreement with Ocean Blue Environmental Services, Inc. to increase the annual\nexpenditure amount of $350,000 for the one-year term ending June 30, 2023 by $100,000,\nfor a total annual amount of $450,000, and increase the annual expenditure amount of\n$350,000 for the remaining term of the agreement, including the optional two-year\nextension period, by $100,000 for a total annual amount of $450,000, for a total increase\nof $400,000, subject to non-substantive changes approved by the City Manager and City\nAttorney (Agreement No. 2023-XXX).\n2. Authorize the City Manager to execute a second amendment to the Agreement with\nUnited Storm Water, Inc. to increase the annual expenditure amount of $350,000 for the\none-year term ending June 30, 2023 by $100,000, for a total annual amount of $450,000,\nand increase the annual expenditure amount of $350,000 for the remaining term of the\nagreement, including the optional two-year extension period, by $100,000 for a total\nannual amount of $450,000, for a total increase of $400,000, subject to non-substantive\nchanges approved by the City Manager and City Attorney (Agreement No. 2023.-XXX).

34.\nApprove Second Amendments to Agreements with IDS Group, Westgroup Designs, Inc.,\nGensler, Corgan, Inc., SVA Architects Inc., Black, O’Dowd and Associates dba BOA\nArchitecture, Gruen Associates, Gillis and Panichapan Architects Inc., CAP Architecture,\nInc., and Ware Malcomb for On-call Space Planning and Architectural Services to Increase\nthe Shared Agreement Amount by $2,000,000, for a Total Amount not to Exceed\n$3,300,000 Annually\nDepartment(s): Public Works Agency\nRecommended Action: Authorize the City Manager to execute the second amendments\nto the agreements for on-call space planning and architectural services with IDS Group,\nWestgroup Designs, Inc., Gensler, Corgan, Inc., SVA Architects, Inc., Black, O’Dowd and\nAssociates dba BOA Architecture, Gruen Associates, Gillis and Panichapan Architects Inc.,\nCAP Architecture, Inc., and Ware Malcomb, to increase the shared agreement amount by\n$2,000,000, for a total agreement amount not to exceed $3,300,000 annually, subject to\nnon-substantive changes as approved by the City Manager and City Attorney (Agreement\nNo. 2023-XXX).

35.\nApprove Agreement with Griffin Structures to Provide Construction Management and\nInspection Services for the Main Library Transformation Project, Newhope Library\nRenovation Project, Outdoor Library at Jerome Park Project, and Delhi Center Library\nBranch, in an Amount not to Exceed $2,896,950 for a Term expiring December 31, 2025\n(Project Number 22-1380, 22-1802, 22-1381, and 22-1382) (Non-General Fund) (Revive\nSanta Ana Program)\nDepartment(s): Library, Public Works Agency\nRecommended Action: Authorize the City Manager to execute a professional services\nagreement with Griffin Structures to provide construction management and inspection\nservices for the Main Library Transformation Project, Newhope Library Renovation Project,\nOutdoor Library at Jerome Park, and Delhi Center Library Branch, in the amount of\n$2,759,000, with a five-percent contingency, for a total amount not to exceed of\n$2,896,950, for a term beginning June 6, 2023 and expiring December 31, 2025, with the\noption for two 1-year extensions, subject to non-substantive changes approved by the City\nManager and City Attorney (Agreement No. 2023-XXX).

36.\nApprove a License Agreement with the Floral Park Neighborhood Association for Use of\nBroadway Right-of-Way for a Fence (Non-General Fund)\nDepartment(s): Public Works Agency\nRecommended Action: Authorize the City Manager to execute a license agreement with\nthe Floral Park Neighborhood Association, a 501(c)3 nonprofit community organization, for\nuse of public right-of-way on Broadway from Santa Clara Avenue to the I-5 exit, subject to\nnon-substantive changes approved by the City Manager and the City Attorney (Agreement\nNo. 2023-XXX).

37.\nApprove and Amend an Agreement with COMPULINK Management Center Inc. for\nEnterprise Content Management System Maintenance, Services, and Licenses in an\nAmount not to Exceed $800,000 (Non-General Fund)\nDepartment(s): Information Technology\nRecommended Action: Authorize the City Manager to execute the second amendment to\nthe agreement with Compulink Management Center, Inc., DBA Laserfiche for Laserfiche\nEnterprise Content Management System maintenance, services, training, and software\nlicenses, in an amount not to exceed $800,000, over a five-year period from July 1, 2023,\nthrough June 30, 2028, subject to non-substantive changes approved by the City Manager\nand City Attorney (Agreement No. 2023-XXX).

38.\nFirst Amendment to the Lease Agreement for 19,321 Square Feet of Office Space Located\nat 801 W Civic Center Drive for the Santa Ana WORK Center\nDepartment(s): Community Development Agency\nRecommended Action: 1. Authorize the City Manager to execute the first amendment\nto the office lease agreement with Santa Ana CA I SGF, LLC for 19,321 square feet of\noffice space located at 801 W Civic Center Drive, for a ten-year term beginning July 1,\n2023 with two optional five-year extensions, in the monthly amount of $45,404.35 with an\n3-percent annual increase, subject to non-substantive changes approved by the City\nManager and City Attorney (Agreement No. 2023-XXX).\n2. Authorize the City Manager to execute a sub-lease agreement and Memorandum of\nUnderstanding with the Employment Development Department, subject to non-substantive\nchanges approved by the City Manager and City Attorney (Agreement No. 2023-XXX).\n3. Authorize the City Manager to execute a first amendment to sub-lease agreement and\nMemorandum of Understanding with the County of Orange Social Services Agency to\nextend the term through June 30, 2025 and to adjust rent, subject to non-substantive\nchanges approved by the City Manager and City Attorney (Agreement No. 2023-XXX).\n4. Authorize the City Manager to execute Memorandum of Understandings with\nDepartment of Rehabilitation, SER Jobs for Progress, and the City’s Community\nDevelopment Agency for the Housing Authority and Economic Development Division,\nsubject to non-substantive changes approved by the City Manager and City Attorney\n(Agreement No. 2023-XXX).

39.\nApprove Agreement with the County of Orange for Law Enforcement Helicopter Services\nin the Amount of $1,785,092 (General Fund)\nDepartment(s): Police Department\nRecommended Action: Authorize the City Manager to execute a three-year agreement\nwith the County of Orange, Sheriff-Coroner Department, for helicopter services for the\nperiod of July 1, 2023 through June 30, 2026, subject to non-substantive changes\napproved by the City Manager and City Attorney (Agreement No. 2023-XXX).\n2. Authorize the City Manager to execute subsequent amendments in year two (July 1,\n2024 - June 30, 2025) and year three (July 1, 2025 - June 30, 2026) for the contract\namount of the first year of this agreement, $539,303, plus up to ten percent, for a three-\nyear not-to-exceed amount of $1,785,092.

40.\nApprove Agreement with Thomson Reuters (West Publishing), in the Amount of $145,172,\nfor Online Investigative and Public Records Resources Subscription Services (General\nFund and Non-General Fund)\nDepartment(s): Police Department\nRecommended Action: Authorize the City Manager to execute a three-year agreement\nwith Thomson Reuters (West Publishing) to provide online investigative and public records\nresources subscription services, in an amount not to exceed $145,172, for the period of\nJuly 1, 2023 through June 31, 2026, subject to non-substantive changes approved by the\nCity Manager and City Attorney (Agreement No. 2023-XXX).

41.\nAgreement with Holland & Knight LLP for Federal Legislative Advocacy Services (General\nFund)\nDepartment(s): City Manager Office\nRecommended Action: Authorize the City Manager to execute an agreement with\nHolland & Knight LLP for federal legislative advocacy services for a three-year term\nbeginning July 1, 2023 through June 30, 2026, with the option of two, one-year extensions\nin an amount not to exceed $352,800, subject to non-substantive changes approved by\nthe City Manager and City Attorney (Agreement No. 2023-XXX).

42.\nAdoption of a Memorandum of Understanding Establishing the Terms and Conditions of\nEmployment for Full-Time Classifications Represented by the Service Employees\nInternational Union (“SEIU”) Local 721, effective July 1, 2022 through June 30, 2025\nDepartment(s): Human Resources\nRecommended Action: Authorize the City Manager to execute a Memorandum of\nUnderstanding with SEIU Local 721 Full-Time Employees Unit regarding wages, hours,\nand other terms and conditions of employment effective July 1, 2022 through June 30,\n2025, and authorize non-substantive changes which may be necessary to implement the\nagreement (Agreement No. 2023-XXX).

43.\nAdoption of a Memorandum of Understanding Establishing the Terms and Conditions of\nEmployment for Classifications Represented by the Santa Ana Management Association,\nEffective July 1, 2022 through June 30, 2025, and Adoption of a Resolution Updating the\nSalary Schedule for Associated Unrepresented Classifications\nDepartment(s): Human Resources\nRecommended Action: 1. Authorize the City Manager to execute a Memorandum of\nUnderstanding with the Santa Ana Management Association (“SAMA”) regarding wages,\nhours, and other terms and conditions of employment effective July 1, 2022 through June\n30, 2025, and authorize non-substantive changes which may be necessary to implement\nthe agreement (Agreement No. 2023-XXX).\n2. Approve resolution updating the salary schedule for associated unrepresented\nclassifications.\nRESOLUTION NO. 2023-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY\nOF SANTA ANA TO EFFECT CERTAIN CHANGES TO THE CITY’S CLASSIFICATION\nAND COMPENSATION PLAN

44.\nAdopt a Resolution Approving the City’s Annual Statement of Investment Policy 2023-\n2024; Receive and File Annual Statement of Investment Policy 2023-2024.\nDepartment(s): Finance and Management Services\nRecommended Action: 1. Adopt a Resolution Approving the City’s Annual Statement of\nInvestment Policy 2023-2024.\nRESOLUTION NO. 2023-XXX A RESOLUTION OF THE CITY OF SANTA ANA\nAPPROVING THE CITY’S STATEMENT OF INVESTMENT POLICY\n2. Receive and File Annual Statement of Investment Policy 2023-2024.

45.\nDesignate Authorized Agents on California Office of Emergency Services (Cal OES) Form\n130 Related to Federal Emergency Management Agency Reimbursement Request for\nCOVID-19 Expenditures\nDepartment(s): Finance and Management Services\nRecommended Action: Adopt a resolution designating the City Manager, Executive\nDirector of Finance, and Assistant Director of Finance as authorized agents to execute for\nand on behalf of the City of Santa Ana (the City) with the purpose of obtaining federal\nfinancial assistance.\nRESOLUTION NO. 2023-XXX DESIGNATION OF APPLICANT’S AGENT RESOLUTION\nFOR NON-STATE AGENCIES

46.\nResolution to Support Orange County Water District President Cathy Green as a\nCandidate for the Office of Association of California Water Agencies President\nDepartment(s): Public Works Agency\nRecommended Action: Adopt a resolution to endorse Orange County Water District\nPresident Cathy Green as a candidate for the office of President for the Association of\nCalifornia Water Agencies.\nRESOLUTION NO. 2023-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY\nOF SANTA ANA IN SUPPORT OF THE NOMINATION OF ORANGE COUNTY WATER\nDISTRICT PRESIDENT CATHY GREEN FOR THE OFFICE OF PRESIDENT OF THE\nASSOCIATION OF CALIFORNIA WATER AGENCIES

47.\nResolution Declaring Support of the Iranian-American Community and Condemning the\nViolence Perpetrated by the Government of Iran against its People\nDepartment(s): City Manager Office\nRecommended Action: Adopt a resolution declaring support of the Iranian-American\ncommunity and condemning the violence perpetrated by the government of Iran against its\npeople.\nRESOLUTION NO. 2023-XXX A RESOLUTION OF THE SANTA ANA CITY COUNCIL\nDECLARING SUPPORT OF THE IRANIAN-AMERICAN COMMUNITY AND\nCONDEMNING THE VIOLENCE PERPETRATED BY THE GOVERNMENT OF IRAN\nAGAINST ITS PEOPLE

48.\nOrdinance Amendment No. 2023-01 amending Article II.II of Chapter 2 (Sunshine\nOrdinance) of the Santa Ana Municipal Code Related to Noticing, Meeting Format, and\nTransparency Measures for Community Meetings for Certain Development Projects\nFirst reading at the May 16, 2023 City Council meeting, approved by a vote of 6-0\n(Hernandez absent).\nPublished in the Orange County Reporter on May 26, 2023.\nDepartment(s): Planning and Building Agency\nRecommended Action: Conduct a second reading and adopt Ordinance Amendment No.\n2023-01 amending Section 2-153 in Article II.II of Chapter 2 of the Santa Ana Municipal\nCode (SAMC).\nORDINANCE NO. NS-3040 – AN ORDINANCE OF THE CITY COUNCIL OF THE CITY\nOF SANTA ANA, CALIFORNIA, AMENDING ARTICLES II.II OF CHAPTER 2 OF THE\nSANTA ANA MUNICIPAL CODE (includes determining that this ordinance is exempt from\nreview under the California Environmental Quality Act (CEQA) pursuant to section\n15061(b)(3) and 15061(b)(5) of the CEQA Guidelines because it will not result in a direct\nor reasonably foreseeable indirect physical change in the environment, as there is no\npossibility it will have a significant effect on the environment).

49.\nOrdinance Second Reading: Amending City Manager’s Contracting Authority for Public\nWorks and Non-Public Works Contracts Under Chapter 2, Article VII and Article VII.II and\nPublic Works Construction Rules and Regulations Under Chapter 33, Article VIII of the\nSanta Ana Municipal Code\nFirst reading at the May 16, 2023 City Council meeting, approved by a vote of 4-3 (Lopez,\nHernandez, and Vasquez dissenting).\nPublished in the Orange County Reporter on May 26, 2023.\nDepartment(s): Public Works Agency\nRecommended Action: Place ordinance on second reading and adopt.\nORDINANCE NO. NS-3041 – AN ORDINANCE OF THE CITY COUNCIL OF THE CITY\nOF SANTA ANA AMENDING ARTICLES VII AND VII.II OF CHAPTER 2 OF THE SANTA\nANA MUNICIPAL CODE REGARDING CITY MANAGER’S CONTRACTING AUTHORITY\nAND CITY PURCHASING RULES AND REGULATIONS, AND ARTICLE VII OF\nCHAPTER 33 OF THE SANTA ANA MUNICIPAL CODE REGARDING PUBLIC WORKS\nCONSTRUCTION RULES AND REGULATIONS (includes determination that this\nordinance is not subject to the California Environmental Quality Act (CEQA) as it is exempt\nfrom CEQA review pursuant to sections 15061(b)(3) and 15061(b)(5) of the 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).

5.\nAppoint Amalia Mejia Nominated by Councilmember Hernandez as the Ward 5\nRepresentative to the Police Oversight Commission for a Full-Term Expiring December 10,\n2024\nDepartment(s): City Clerk’s Office\nRecommended Action: Appoint Amalia Mejia to the Police Oversight Commission as the\nWard 5 representative and administer the Oath of Office. (Pursuant to SAMC Sec. 2-\n326(a) requires five affirmative votes)

50.\nOrdinance Second Reading: Amending Article XI of Chapter 33 of the Santa Ana Municipal\nCode (Streets Sidewalks and Public Works) Related to Ceremonial Street Naming\nFirst reading at the May 16, 2023 City Council meeting, approved by a vote of 7-0.\nPublished in the Orange County Reporter on May 26, 2023.\nDepartment(s): Public Works Agency\nRecommended Action: Place ordinance on second reading and adopt.\nORDINANCE NO. NS-3042 – AN ORDINANCE OF THE CITY COUNCIL OF THE CITY\nOF SANTA ANA AMENDING ARTICLE XI OF CHAPTER 33 OF THE SANTA ANA\nMUNICIPAL CODE (STREETS, SIDEWALKS AND PUBLIC WORKS) RELATED TO\nCEREMONIAL STREET NAMING (includes determination that this ordinance is not\nsubject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)\n(2) and 15060(c)(3) of the State CEQA Guidelines becausse it will not result in a direct or\nreasonably foreseeable indirect physical change to the environment, as there is no\npossibility it will have a significant effectg on the environment and it is not a “project,” as\ndefinied in Section 15378 of the CEQA Guidelines).

51.\nApprove Proposed Community Workforce Agreement (CWA) with the Los Angeles/Orange\nCounties Building and Construction Trades Council and the Signatory Craft Councils and\nUnions\nDepartment(s): Public Works Agency\nRecommended Action: Authorize the City Manager to execute the Community Workforce\nAgreement with the Los Angeles/Orange Counties Building and Construction Trades\nCouncil and the Signatory Craft Councils and Unions for Public Works Construction\nContracts over the recommended thresholds of $2,500,000 and Specialty Contracts over\n$1,000,000, for a ten-year term beginning June 6, 2023 and ending June 6, 2033, subject\nto non-substantive changes approved by the City Manager and the City Attorney\n(Agreement No. 2023-XXX).

52.\nPublic Hearing: Consider an Ordinance to adopt the Fiscal Year 2023-24 Budget, Approve\na Resolution for Changes to the City’s Basic Classification and Compensation Plan\nBudget, Adopt the Uniform Schedule of Miscellaneous Fees, and Adopt the Seven-Year\nCapital Improvement Program\nLegal notice published in the Orange County Reporter on May 24, 2023 and May 31,\n2023.\nDepartment(s): Finance and Management Services\nRecommended Action: 1. Approve the introduction and first reading of an Ordinance to\nadopt the budget for Fiscal Year 2023-24 (FY23-24), which begins on July 1, 2023 and\nends on June 30, 2024.\nORDINANCE NO. NS-XXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY\nOF SANTA ANA APPROPRIATING MONIES TO THE SEVERAL OFFICES, AGENCIES,\nAND DEPARTMENTS OF THE CITY FOR FISCAL YEAR BUDGET PERIOD\nCOMMENCING JULY 1, 2023 (Requires five affirmative votes)\n2. Adopt a Resolution, to effect certain changes to the City’s basic classification and\ncompensation plan, such as addition of new classification titles.\nRESOLUTION NO. 2023-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY\nOF SANTA ANA TO EFFECT CERTAIN CHANGES TO THE CITY’S CLASSIFICATION\nAND COMPENSATION PLAN\n3. Adopt a resolution establishing a Uniform Schedule of Miscellaneous Fees for Fiscal\nYear 2023-2024.\nRESOLUTION NO. 2023-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY\nOF SANTA ANA ESTABLISHING A UNIFORM SCHEDULE OF MISCELLANEOUS FEES\nFOR FISCAL YEAR 2023-2024\n4. Adopt the Seven-Year Capital Improvement Program (CIP) beginning FY23-24\nthrough FY29-30, as required by the Orange County Transportation Authority (OCTA) for\nMeasure M2 eligibility.\n5. Deposit $18,944,407 ($16,285,920 General Fund and $2,658,487 Non-General Fund)\ninto the Section 115 Pension Trust Fund as part of the City’s Pension Debt Strategy.

53.\nPublic Hearing: Zoning Ordinance Amendment (ZOA) No. 2023-01: Amendments to\nVarious Sections of Chapter 41 of the Santa Ana Municipal Code (SAMC) Related to\nIncreasing the Conditional Use Permit (CUP) Separation Requirement of Noxious Uses\nfrom Sensitive Receptors, Update Massage Establishment Regulations, Establish a CUP\nSuspension Process, and Other Edits to Address Internal Inconsistencies.\nLegal notice published in the Orange County Reporter on May 24, 2023.\nDepartment(s): Planning and Building Agency\nRecommended Action: Approve first reading of an ordinance approving Zoning\nOrdinance Amendment No. 2023-01 to amend various sections of Chapter 41 (Zoning) of\nthe SAMC.\nORDINANCE NO. NS-XXXX ZONING ORDINANCE AMENDMENT NO. 2023-01 – AN\nORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING\nVARIOUS SECTIONS OF CHAPTER 41 (ZONING) OF THE SANTA ANA MUNICIPAL\nCODE RELATING TO NOXIOUS USES, MASSAGE ESTABLISHMENTS, AND RELATED\nCONFORMING CLARIFYING EDITS; ADDING A SECTION RELATED TO SUSPENSION\nOF CONDITIONAL USE PERMITS, VARIANCES, AND MINOR EXCEPTIONS; AND\nMAKING OTHER NON-SUBSTANTIAL EDITS TO ADDRESS EXISTING INTERNAL\nINCONSISTENCIES (includes determination that this ordinance is exempt from review\nunder the California Environmental Quality Act (CEQA) pursuant to section 15060(c)(2)\nand 15060(c)(3) of the CEQA Guidelines because it will not result in a direct or reasonably\nforeseeable indirect physical change in the environment, as there is no possibility it will\nhave a significant effect on the environment and it is not a “project,” as defined in Section\n15378 of the CEQA Guidelines).

54.\nPublic Hearing: City Council De Novo Review of Planning Commission Decision\nRegarding Conditional Use Permit No. 2023-09 – Mariscos Hector ABC License\nLegal notice published in the Orange County Reporter on May 24, 2023 and notices\nmailed on said date.\nDepartment(s): Planning and Building Agency\nRecommended Action: It is recommended that the City Council take the following\nactions:\n1. Conduct a De Novo review of the Planning Commission’s approval of Conditional Use\nPermit No. 2023-09 for consistency with the General Plan and compliance with the Zoning\nOrdinance, and consider any concerns raised by the City Council, the public, and\ninterested parties regarding the project; and\n2. Based on the De Novo review, the City Council may choose to uphold or modify the\nPlanning Commission’s approval, make the appropriate findings to deny the Conditional\nUse Permit and direct staff to prepare a resolution for adoption, or refer the Conditional\nUse Permit back the Planning Commission for reconsideration and analysis of the issues\nraised by the City\nIf approved, adopt RESOLUTION NO. 2023-XXX A RESOLUTION OF THE CITY\nCOUNCIL OF THE CITY OF SANTA ANA TO CONDUCT A DE NOVO REVIEW OF THE\nPLANNING COMMISSION’S APPROVAL OF CONDITIONAL USE PERMIT NO. 2023-09\nAS CONDITIONED TO ALLOW SALE OF DISTILLED SPIRITS IN ADDITION TO\nEXISTING BEER AND WINE SALES FOR ON-PREMISES CONSUMPTION AT\nMARISCOS HECTOR SPORTS GRILL LOCATED AT 1208 EAST MCFADDEN AVENUE\n(includes determination that the project is categorically exempt from further review under\nthe California Environmental Quality Act (CEQA) per Section 15301 (Class 1 – Existing\nFacilities)).\nCITY MANAGER COMMENTS

6.\nAppoint Evangeline Gawronski Nominated by Councilmember Penaloza as the Ward 6\nRepresentative to the Police Oversight Commission for a Full-Term Expiring December 8,\n2026\nDepartment(s): City Clerk’s Office\nRecommended Action: Appoint Evangeline Gawronski to the Police Oversight\nCommission as the Ward 6 representative and administer Oath of Office.

7.\nAppoint Martha Rivera Nominated by Councilmember Penaloza as the Ward 6\nRepresentative to the Arts and Culture Commission for a Full-Term Expiring December 8,\n2026\nDepartment(s): City Clerk’s Office\nRecommended Action: Appoint Martha Rivera to the Arts and Culture Commission as the\nWard 6 representative and administer Oath of Office.

8.\nAppoint Mark S. McLoughlin Nominated by the Santa Ana Chamber of Commerce to the\nEnvironmental and Transportation Advisory Commission (ETAC) as the Santa Ana\nChamber of Commerce Representative for a Term Expiring June 8, 2027.\nDepartment(s): City Clerk’s Office\nRecommended Action: Appoint Mark S. McLoughlin to the Environmental and\nTransportation Commission as the Santa Ana Chamber of Commerce representative and\nadminister the Oath of Office.

9.\nReceive and File Quarterly Report of Contracts up to $50,000 for Non-Public Works and\nup to $250,000 for Public Works Authorized by the City Manager as Permitted by Charter\nSection 421\nDepartment(s): Finance and Management Services\nRecommended Action: Receive and file Quarterly Report of Contracts entered into\nbetween January 1, 2023 to March 31, 2023, valued at up to $50,000 for non-public works\ncontracts and agreements and up to $250,000 for public works contracts and agreements.