Santa Ana — 2023-06-20

1.\nCONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION pursuant to Paragraph\n(1) of subdivision (d) of Section 54956.9 of the Government Code:\nMicah’s Way v. City of Santa Ana, et al., United States District Court, Case No. 8:23-CV-\n00183-DOC-KES

2.\nCONFERENCE WITH LEGAL COUNSEL –SIGNIFICANT EXPOSURE TO LITIGATION\npursuant to Government Code Section 54956.9(d)(2):\nOne (1) matter [HCD and Californians for Homeownership]

3.\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 Amezcua to Dorothy “Dottie” Brown for Outstanding\nContributions to the Community.

10.\nReceive and File the Certification of Approval by City Engineer of the Final Tract Map\n2019-02, County Tract Map No. 19064 (301 and 305 North Mountain View Street)\n(Applicant: Olympia Capital Corporation)\nDepartment(s): Public Works Agency\nRecommended Action: Receive and file the certification of approval by City Engineer of\nthe Final Tract Map 2019-02, County Tract No. 19064.

11.\nApprove Budget Reallocation of Unspent Capital Improvement Funds in the Amount of\n$68,980 to the ADA Transition Plan (Project No. 23-6069) (Non-General Fund)\nDepartment(s): Public Works Agency\nRecommended Action: Authorize the reallocation of unspent capital improvement funds\nin the amount of $68,980 from the Council Chambers Entry Doors and Floor Modifications\nProject (No. 17-0151) to the ADA Transition Plan (Project No. 23-6069).

12.\nAward a Purchase Order in the amount of $376,500 to Cummins, Inc. for One Commercial\nDiesel Generator Set for the City’s Corporate Yard (Specification 23-093) (General Fund)\nDepartment(s): Public Works Agency\nRecommended Action: Authorize a one-time award and payment of Purchase Order to\nCummins, Inc. for the procurement of a commercial diesel generator set in the amount of\n$376,500, subject to non-substantive changes approved by the City Manager and City\nAttorney.

13.\nAward a Purchase Order to Transwest Truck Center, LLC for Three Ford Super Duty F-550\nValve Trucks in an Amount Not to Exceed $690,000 (Specification No. 23-074) (Non-\nGeneral Fund)\nDepartment(s): Public Works Agency\nRecommended Action: Authorize a one-time purchase and payment of purchase order to\nTranswest Truck Center, LLC for three Ford Super Duty F-550 Valve Trucks, in the amount\nof $673,275, plus a contingency amount of $16,725, for a total amount not to exceed\n$690,000, subject to non-substantive changes approved by the City Manager and City\nAttorney.

14.\nAward Aggregate Blanket Order Contracts to B&D Towing, Inc., Greater Southern\nCalifornia Towing, Inc., and MetroPro Towing, Inc. in an Annual Aggregate Amount not to\nExceed $100,000 (Specification No. 23-079) (General and Non-General Fund)\nDepartment(s): Public Works Agency\nRecommended Action: Award an aggregate blanket order contracts to B&D Towing, Inc.,\nGreater Southern California Towing, Inc., and MetroPro Towing, Inc. for on-call towing\nservices for City vehicles for a one-year term beginning July 1, 2023, and expiring June\n30, 2024, with provisions for four one-year renewal options, in an annual aggregate\namount of $100,000, with a total aggregate contract amount not to exceed $500,000,\nsubject to non-substantive changes approved by the City Manager and City Attorney.

15.\nAward a Construction Contract to All American Asphalt in the Amount of $2,014,055 for the\nMain Street Rehabilitation from MacArthur Boulevard to Dyer Road and St. Gertrude Place\nat Orange Avenue Project, with an Estimated Project Delivery Cost of $2,417,000 (Project\nNo. 22-6988)(Project No. 23-6482) (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 $250,000 of funding in the General Fund for the Main\nStreet Rehabilitation from MacArthur Boulevard to Dyer Road and St. Gertrude Place at\nOrange Avenue Project.\n2. Authorize budget reallocation of $361,000 in unspent Roadway Maintenance and\nRehabilitation Account (SB-1) from the Euclid Rehabilitation from South City Limits to\nMcFadden Improvement (No. 20-6961) Project to construction funds for the Main Street\nRehabilitation from Macarthur Boulevard to Dyer Road and St. Gertrude Place at Orange\nAvenue Project (No. 22-6988) to complete the project funding requirement.\n3. Award a construction contract to All American Asphalt, the lowest responsible bidder, in\naccordance with the base bid in the amount of $2,014,055, for construction of the Main\nStreet Rehabilitation from MacArthur Boulevard to Dyer Road and St. Gertrude Place at\nOrange Avenue Project, for the term beginning June 20, 2023, and ending upon project\ncompletion, and authorize the City Manager to execute the contract subject to non-\nsubstantive changes approved by the City Manager and the City Attorney.\n4. Approve the Project Cost Analysis for a total estimated construction delivery cost of\n$2,417,000, which includes $2,014,055 for the construction contract, $201,406 for contract\nadministration, inspection and testing, and a $201,539 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-2023-57 was filed for the project.

16.\nApprove an Appropriation Adjustment and Award a Construction Contract to Baker Electric\n& Renewables LLC in the Amount of $597,000 for the Street Light Poles Replacement\nProject, with an Estimated Project Delivery Cost of $863,899 (Project No. 23-6033) (Non-\nGeneral Fund)\nDepartment(s): Public Works Agency\nRecommended Action: 1. Approve an appropriation adjustment to recognize Southern\nCalifornia Edison Streetlights Energy Credit in an amount of $863,899 in the Public Works/\nMiscellaneous revenue account, and appropriate the same amount to the PWA Street\nLighting, Improvements Other than Buildings expenditure account. (Requires five\naffirmative votes)\n2. Approve an amendment to the Fiscal Year 2022-23 Capital Improvement Program to\ninclude $863,899 of funding in Southern California Edison Energy Cost Refund Funds for\nStreetlight Upgrades.\n3. Award a construction contract to Baker Electric & Renewables LLC, the lowest\nresponsible bidder, in accordance with the base bid in the amount of $597,000, for\nconstruction of the Streetlight Poles Replacement Project, for the term beginning June 20,\n2023, and 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.\n4. Approve the Project Cost Analysis for a total estimated construction delivery cost of\n$863,899, which includes $597,000 for the construction contract, $117,649 for contract\nadministration, inspection and testing, and a $149,250 project contingency for\nunanticipated or unforeseen work.

17.\nApprove an Agreement with J Smith & T Muli, Inc. in an Amount not to Exceed $325,000 to\nprovide Aquatic Engineering Services for Thornton Park Lake Renovations for a Three-\nYear Term (General Fund)\nDepartment(s): Public Works Agency\nRecommended Action: Authorize the City Manager to execute an agreement with J\nSmith & T Muli, Inc. to provide aquatic engineering services for Thornton Park Lake\nrenovations in the amount of $289,947, with a contingency of $35,053, for a total amount\nnot to exceed $325,000, for a three-year term beginning June 20, 2023 and ending June\n19, 2026, with an option for two, one-year extensions, subject to non-substantive changes\napproved by the City Manager and City Attorney (Agreement No. 2023-XXX).

18.\nApprove an Agreement with Clanton & Associates, Inc. to Prepare a Street Lighting Master\nPlan for an Amount Not to Exceed $640,475, for up to a Four-Year Term (General Fund)\nDepartment(s): Public Works Agency\nRecommended Action: 1. Authorize budget reallocation of $116,416 in unspent\nStreetlight Maintenance Service Enhancement Account (General Fund) funds from the\nRiverview Neighborhood Street Lighting Project (No. 23-6030) to the Street Lighting\nMaster Plan.\n2. Authorize the City Manager to execute a consultant agreement with Clanton &\nAssociates, Inc. to prepare a Street Lighting Master Plan for an amount not to exceed\n$640,475, for a two-year term beginning June 20, 2023 and expiring June 19, 2025, with\nprovisions for two, one-year extensions, subject to non-substantive changes approved by\nthe City Manager and City Attorney (Agreement No. 2023-XXX).

19.\nMemorandum of Understanding with the County of Orange, the City of Anaheim, the City\nof Irvine, and the City of Santa Ana for the Homeless Housing, Assistance and Prevention\n(HHAP) Program Regional Coordination\nDepartment(s): Community Development Agency\nRecommended Action: Authorize the City Manager to execute the Memorandum of\nUnderstanding with the County of Orange, the City of Anaheim, and the City of Irvine, to\nsupport regional coordination to address homelessness challenges (Agreement No. 2023-\nXXX).

2.\nCertificate of Recognition presented by Mayor Pro Tem Lopez to Grupo La Familia\nLGBTQ+ for Outstanding Contributions to the Community.

20.\nApprove an Agreement with the Orange County Children’s Therapeutic Arts Center for a\nTotal Amount not to exceed $200,000 to Serve Foster and Youth with Disabilities (Non-\nGeneral Fund)\nDepartment(s): Community Development Agency\nRecommended Action: Authorize the City Manager to execute an agreement with the\nOrange County Children’s Therapeutic Arts Center (OCCTAC) to provide services to foster\nand youth with disabilities, for a one-year term beginning July 1, 2023 and expiring June\n30, 2024, in a total amount not to exceed $200,000, subject to non-substantive changes\napproved by the City Manager and City Attorney (Agreement No. 2023-XXX).

21.\nApprove Purchase and Sale Agreement with Property Owner Dyer 18 LLC for the\nAcquisition of Real Property and Improvements located at 1815 East Carnegie Avenue,\nSanta Ana, CA 92705 (APN 430-021-02)\nDepartment(s): Community Development Agency\nRecommended Action: 1. Authorize the City Manager to execute a Purchase and Sale\nAgreement with Property Owner Dyer 18 LLC for the Acquisition of Real Property and\nImprovements located at 1815 East Carnegie Avenue, Santa Ana, CA, 92705, also\nidentified as APN 430-021-02 (Property), in the amount of $12,750,000, subject to non-\nsubstantive changes approved by the City Manager and City Attorney (Agreement No.\n2023-XXX).\n2. Approve an appropriation adjustment to recognize $1,100,000 in Opioid Settlement\nFunding from the State of California’s Department of Health Care Services and appropriate\nthe same amount into the Community Development Agency, Buildings and Building\nImprovement expenditure account. (Requires five affirmative votes)\n3. Approve an appropriation adjustment to utilize prior year fund balance in the amount of\n$3,753,571 to the Inclusionary Housing Fund, Buildings and Building Improvement\nexpenditure account. (Requires five affirmative votes)

22.\nApprove Third Amendment to Agreement with Aramark Correctional Services, LLC for an\nAdditional Amount of $1,624,971 to Provide Inmate Meals and Commissary Management\n(General Fund)\nDepartment(s): Police Department\nRecommended Action: Authorize the City Manager to execute the third amendment to\nthe agreement with Aramark Correctional Services, LLC, to provide inmate meals and\ncommissary management for the period of July 1, 2023 through June 30, 2024 in the\nadditional amount of $1,624,971, for a total aggregate amount not to exceed $6,103,688,\nsubject to non-substantive changes approved by the City Manager and City Attorney\n(Agreement No. 2023-XXX).

23.\nApprove Agreement with LAZ Parking California, LLC for Parking Enforcement Services\nfor the Police Department in an Amount not to Exceed $1,876,888 (General Fund)\nDepartment(s): Police Department\nRecommended Action: Authorize the City Manager to execute a two-year agreement\nwith LAZ Parking California, LLC for parking enforcement services, for the period of July 1,\n2023 through June 30, 2025, with the option of three 1-year renewals, in an amount not to\nexceed $1,876,888, subject to non-substantive changes approved by the City Manager\nand City Attorney (Agreement No. 2023-XXX).

24.\nApprove Agreements for Temporary Employee Staffing Services with AppleOne, Inc.,\nCathyjon Enterprises, Inc. dba HB Staffing, Helpmates Staffing, Kimco Staffing Services,\nInc., SoftHQ, Inc., TEC Group, Inc., and The Good Job Company in a Not-to-Exceed\nAggregate Amount of $2,000,000 (Specification No.23-051) (General Fund)\nDepartment(s): Human Resources\nRecommended Action: Authorize the City Manager to execute agreements with vendors\nlisted below for temporary employee staffing services on an as-needed basis in an\naggregate amount not-to-exceed $2,000,000, from July 1, 2023 through June 30, 2026\nwith the option for two (2), one (1)-year extensions, subject to non-substantive changes\napproved by the City Manager and City Attorney (Agreement No. 2023-XXX).\n1. AppleOne, Inc. (Torrance, CA)\n2. Cathyjon Enterprises, Inc. dba HB Staffing (Huntington Beach, CA)\n3. Helpmates Staffing (Irvine, CA)\n4. Kimco Staffing Services, Inc. (Irvine, CA)\n5. SoftHQ, Inc. (San Diego, CA)\n6. TEC Group, Inc. (Irvine, CA)\n7. The Good Job Company (La Jolla, CA)

25.\nAdoption of a Memorandum of Understanding (“MOU”) Establishing the Terms and\nConditions of Employment for Classifications Represented by the Santa Ana Police\nOfficers Association (“SAPOA”) Effective January 1, 2023 through December 31, 2023,\nand Adoption of a Resolution Updating the Compensation and Salary Schedule of Sworn\nClassifications of the Santa Ana Police Management Association (“SAPMA”)\nDepartment(s): Human Resources\nRecommended Action: 1. Authorize the City Manager to execute a Memorandum of\nUnderstanding with SAPOA regarding wages, hours, and other terms and conditions of\nemployment effective January 1, 2023 through December 31, 2023, and authorize non-\nsubstantive changes which may be necessary to implement the agreement (Agreement\nNo. 2023-XXX).\n2. Adopt a resolution updating the compensation and salary schedule for sworn\nclassifications of the SAPMA.\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

26.\nAdopt a Resolution Establishing the Appropriations Limit of the City of Santa Ana for Fiscal\nYear (FY) 2023-24\nDepartment(s): Finance and Management Services\nRecommended Action: Adopt a resolution establishing the appropriations limit of the City\nof Santa Ana for FY 2023-24, as required by state law.\nRESOLUTION NO. 2023-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY\nOF SANTA ANA ESTABLISHING THE APPROPRIATION LIMIT OF THE CITY OF SANTA\nANA FOR FISCAL YEAR 2023-2024

27.\nApprove Resolution for the Fiscal Year 2023-24 Senate Bill 1 Local Streets and Roads,\nRoad Repair and Accountability Act Funding Program to Receive an Estimated Funding\nAmount of $7,673,409 for Capital Improvement Projects (Non-General Fund)\nDepartment(s): Public Works Agency\nRecommended Action: Adopt a Resolution affirming the Fiscal Year 2023-24 Senate Bill\n1 projects list and anticipated Road Maintenance and Rehabilitation Account funding in the\namount of $7,673,409, to be submitted to the California Transportation Commission for\nbudgeting the Fiscal Year 2023-24 Capital Improvement Program and maintaining\neligibility for Road Repair and Accountability Act funding.\nRESOLUTION NO. 2023-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY\nOF SANTA ANA ADOPTING A LIST OF PROJECTS TO BE FUNDED FOR FISCAL YEAR\n2023-24 BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017

28.\nAdopt Resolutions to Maintain Orange County Transportation Authority’s Measure M2\nFunding Eligibility for Fiscal Year 2023-2024\nDepartment(s): Public Works Agency\nRecommended Action:\n1. Adopt a Resolution affirming consistency between the City’s Mobility Element and the\nOrange County Master Plan of Arterial Highways, concurring with the existing\nTransportation System Improvement Area fee program to maintain Orange County\nTransportation Authority Measure M2 eligibility Program funding, approximated to exceed\n$6.5 million dollars for Fiscal Year 2023-24.\nRESOLUTION NO. 2023-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY\nOF SANTA ANA CONCERNING THE STATUS AND UPDATE OF THE MOBILITY\nELEMENT, AND MITIGATION FEE PROGRAM FOR THE MEASURE M (M2) PROGRAM\n2. Adopt a Resolution confirming the status and update of the City's 2023 Local Signal\nSynchronization Plan to maintain eligibility for Measure M2 Program funding.\nRESOLUTION NO. 2023-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY\nOF SANTA ANA CONCERNING THE STATUS AND UPDATE OF THE LOCAL SIGNAL\nSYNCHRONIZATION PLAN FOR THE MEASURE M (M2) PROGRAM

29.\nAdopt City Council Ordinance No. NS-3043 Appropriating Monies to the Several Offices,\nAgencies and Departments of the City of Santa Ana for the Fiscal Year Budget Period\nCommencing July 1, 2023\nFirst reading at the June 6, 2023 City Council meeting, approved by a vote of 6-0-1\n(Hernandez absent).\nPublished in the Orange County Reporter on June 9, 2023.\nDepartment(s): Finance and Management Services\nRecommended Action: Approve the second reading and adopt Ordinance No. NS-3043\nto appropriate monies to the several offices, agencies, and departments of the City for\nFiscal Year 2023-24 (FY23-24), which begins on July 1, 2023 and ends on June 30, 2024.\nORDINANCE NO. NS- 3043 – 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

3.\nCertificates of Recognition presented by Councilmember Bacerra to Santa Ana College\nDons Baseball team for winning the 2023 CCCAA State Championship.

30.\nZoning Ordinance Amendment No. 2023-01: Amendment to Various Sections of Chapter\n41 of the Santa Ana Municipal Code (SAMC) Related to Increasing the Conditional Use\nPermit (CUP) Separation Requirement of Noxious Uses from Sensitive Receptors, Update\nMassage Establishment Regulations, Establish a CUP Suspension Process, and Other\nEdits to Address Internal Inconsistencies\nFirst reading at the June 6, 2023 City Council meeting, approved by a vote of 6-0-1\n(Hernandez absent).\nPublished in the Orange County Reporter on June 9, 2023.\nDepartment(s): Planning and Building Agency\nRecommended Action: Conduct a second reading and adopt Zoning Ordinance\nAmendment No. 2023-01 amending various sections of Chapter 41 of the Santa Ana\nMunicipal Code (SAMC) related to increasing the Conditional Use Permit (CUP)\nseparation requirement of noxious uses from sensitive receptors, updating massage\nestablishment regulations, establishing a CUP suspension process, and other edits to\naddress internal inconsistencies.\nORDINANCE NO. NS-3044 – 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).

31.\nImplement a Volunteer School Crossing Guard Program and Approve Agreement with All\nCity Management Services, Inc. for the School Crossing Guard Program in an Amount Not\nto Exceed $5,343,125 for Up to a Five Year Term (General Fund)\nDepartment(s): Public Works Agency\nRecommended Action: 1. Direct staff to work cooperatively with school districts to\nimplement a volunteer crossing guard program and establish a crossing guard training\nprogram.\n2. Direct staff to formally notify the School Districts of the phasing out of contracted\ncrossing guard program beginning school year 2023-2024.\n3. Authorize the City Manager to execute an agreement with All City Management\nServices, Inc. to provide a School Crossing Guard Program, in the total amount not to\nexceed $5,343,125 for a three-year term beginning July 1, 2023 and expiring June 30,\n2026, with an option for up to two, one-year extensions, subject to non-substantive\nchanges approved by the City Manager and City Attorney (Agreement No. 2023-XXX).

32.\nResolutions of the City of Santa Ana City Council Exempting Certain Eligible Parcels in the\nCity of Santa Ana from the Requirements of Assembly Bill 2011 and Senate Bill 6 Pursuant\nto California Government Code Sections 65912.114, 65912.124, and 65852.24 (continued\nfrom City Council meeting of May 16, 2023, Item No. 28)\nDepartment(s): Planning and Building Agency\nRecommended Action: 1. Adopt a resolution exempting certain eligible parcels in the City\nof Santa Ana from the requirements of Assembly Bill 2011 pursuant to California\nGovernment Code Sections 65912.114 and 65912.124; and\nSO O O 2023 SO O O C CO C O C

4.\nProclamation presented by Councilmember Phan to Parks & Recreation declaring July\n2023, as Park and Recreation Month 2023: Where Community Grows.\nCLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed\nSession.

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

6.\nAppoint Claudio Gallegos Nominated by Councilmember Penaloza as the Ward 6\nRepresentative to the Community Development Commission for a Full-Term Expiring\nDecember 8, 2026\nDepartment(s): City Clerk’s Office\nRecommended Action: Appoint Claudio Gallegos to the Community Development\nCommission as the Ward 6 representative and administer Oath of Office.

7.\nLocal Area Subsequent Designation and Local Board Recertification Program Year (PY)\n2023-25\nDepartment(s): Community Development Agency\nRecommended Action: Authorize the Mayor to sign the Program Year (PY) 2023-25\nSubsequent Local Area Designation and Local Board Recertification application and direct\nstaff to submit to the California Workforce Development Board.

8.\nReceive and File Update on Prentice Park Deed and Zoo Master Plan\nDepartment(s): Parks, Recreation, and Community Services\nRecommended Action: Receive and file.

9.\nReceive and File the Certification of Approval by City Engineer of the Final Tract Map\n2022-02, County Tract Map No. 19178 (1814 and 1818 East First Street) (Applicant:\nBrandywine Acquisition Group, LLC)\nDepartment(s): Public Works Agency\nRecommended Action: Receive and file the certification of approval by City Engineer of\nthe Final Tract Map 2022-02, County Tract No. 19178.