Santa Ana — 2023-08-01

1.\nCONFERENCE WITH LEGAL COUNSEL –INITIATION OF LITIGATION pursuant to\nparagraph (4) of subdivision (d) of Section 54956.9 of the Government Code: One (1)\ncase\nConsideration of Amicus Support of Petition for Writ of Certiorari by the City of Costa\nMesa to the United States Supreme Court for review of the Ninth Circuit Court of\nAppeals decision in SoCal Recovery, LLC et al. v. City of Costa Mesa, 56 F.4th 802\n(9th Cir. 2023)

2.\nPUBLIC EMPLOYEE PERFORMANCE EVALUATION pursuant to Government Code\nSection 54957(b)(1)\nTITLES: City Manager, City Attorney, City Clerk

1.\nCertificate of Recognition presented by Mayor Amezcua to Everado Navarro for\nOutstanding Contributions to Public Safety.

10.\nUpdate on Historic Street Sign Toppers - Informational Quick Reference (QR) Code\nSigns.\nDepartment(s): Planning and Building Agency\nRecommended Action: Receive and file an update on Historic Street Sign Toppers\nand informational Quick Reference (QR) code signs.

11.\nAmend Purchase Order Contract with All American Asphalt to Increase the Annual\nAmount by $200,000 for Asphalt Pothole Repair (Specification No. 18-092) (General\nFund)\nDepartment(s): Public Works Agency\nRecommended Action: Approve an amendment to the Purchase Order Contract with\nAll American Asphalt, for asphalt pothole repair, to increase the compensation amount\nby $200,000, for a total annual amount not to exceed $1,400,000 for both the current\ntwo-year term that ends on November 30, 2023, and the two-year renewal term\nending on November 30, 2025, subject to non-substantive changes approved by the\nCity Manager and City Attorney.

12.\nApprove an Appropriation Adjustment and Capital Improvement Project Amendment\nfor the Bristol-Tolliver Street Greening Project (Project No. 24-6600) (Non-General\nFund)\nDepartment(s): Public Works Agency\nRecommended Action: 1. Approve an appropriation adjustment to recognize\n$3,502,500 in Urban Greening Grant Program funding from the California Natural\nResources Agency into the Public Works Agency Enterprise Capital Grants, State\nGrant-Direct Revenue Account and appropriate the same amount into the Public\nWorks-Water Quality and Control, Improvements Other Than Building expenditure\naccount. (Requires five affirmative votes)\n2. Approve an amendment to the Fiscal Year 2023-24 Capital Improvement Program\nto include $3,502,500 of funding from the California Natural Resources Agency Urban\nGreening Grant Program for the Bristol-Tolliver Street Urban Greening Project.

13.\nApprove Agreement with WSP USA Environment & Infrastructure Inc. for\nIndustrial/Commercial Inspection and National Pollutant Discharge Elimination System\n(NPDES) Program Support Services (Non-General Fund)\nDepartment(s): Public Works Agency\nRecommended Action: Authorize the City Manager to execute an agreement with\nWSP USA Environment & Infrastructure Inc. to provide stormwater related inspections\nof industrial/commercial establishments and National Pollutant Discharge Elimination\nSystem Program Support Services for a three-year term beginning August 1, 2023 and\nexpiring on July 31, 2026, with provisions for one two-year extension exercisable by\nthe City Manager and City Attorney, for a total amount not to exceed $1,750,000 over\nthe lifetime of the agreement, including the optional two-year extension period, subject\nto non-substantive changes approved by the City Manager and City Attorney\n(Agreement No. 2023-XXX).

14.\nApprove Agreement with Stearns, Conrad & Schmidt, Consulting Engineers, Inc. to\nConduct a Cost of Service Study for the Sanitation Services User Charge, in an\nAmount Not to Exceed $82,875 (Specification No. 23-029) (Non-General Fund)\nDepartment(s): Public Works Agency\nRecommended Action: Authorize the City Manager to execute a consultant\nagreement with Stearns, Conrad & Schmidt, Consulting Engineers, Inc. to conduct a\ncost of service study in an amount not to exceed $82,875, including a contingency of\n$16,575, for a three-year term beginning on August 1, 2023 and expiring July 31,\n2026, with provision for one, two-year extension, subject to non-substantive changes\napproved by the City Manager and City Attorney (Agreement No. 2023-XXX).

15.\nApprove an Agreement with LOC Architects for Professional Architectural Services for\nthe Santa Ana Zoo Educational Hub and an Amendment to the Fiscal Year 2023-2024\nCapital Improvement Project 23-2601 (Non-General Fund)\nDepartment(s): Public Works Agency\nRecommended Action: 1. Authorize the City Manager to execute an agreement\nwith LOC Architects for professional architectural services for the Santa Ana Zoo\nEducational Hub Building project in the amount of $350,120 with a contingency\namount of $35,000, for a total amount not to exceed $385,120, for a three-year term\nbeginning August 1, 2023 and expiring July 31, 2026, with an option for one two-year\nextension, subject to non-substantive changes approved by the City Manager and the\nCity Attorney (Agreement No. 2023-XXX).\n2. Approve an amendment to the Fiscal Year 2023-2024 Capital Improvement\nProgram to include $385,120 of funding for the Santa Ana Zoo Educational Hub\nproject (Project No. 23-2601).

16.\nApprove Amendment to Agreement with Governmentjobs.com dba NEOGOV to\ncontinue Recruitment and Onboarding Services (General Fund)\nDepartment(s): Human Resources\nRecommended Action: Authorize the City Manager to execute a First Amendment to\nthe Agreement with NEOGOV to continue the services of Insight platform, Candidate\nText Messaging, and eSkill Integration for a period of July 1, 2023 through June 30,\n2024 with the option of one, one (1)-year renewal, for an additional amount of $50,000\nover the two years (approximately $25,000 each year), subject to non-substantive\nchanges approved by the City Manager and City Attorney (Agreement No. 2023-XXX).

17.\nAuthorize the City to Retain Life, Accidental Death & Dismemberment (AD&D), and\nLong-term Disability (LTD) Insurance with The Standard Insurance Company, and\napprove Agreement with REACH Employee Assistance, Inc. for Employee Assistance\nProgram Services Effective January 1, 2024 through December 31, 2026\nDepartment(s): Human Resources\nRecommended Action: 1. Authorize the City to retain life, AD&D, and LTD disability\ngroup and voluntary life and AD&D insurances through The Standard Insurance\nCompany, subject to annual competitive rate evaluation seeking the best service for\nthe best price and non-substantive changes approved by the City Manager and City\nAttorney.\n2. Authorize the City Manager to execute an Agreement with REACH Employee\nAssistance, Inc. (“REACH”) to continue employee assistance program (“EAP”)\nservices effective January 1, 2024 through December 31, 2026, subject to annual\ncompetitive rate evaluation seeking the best service for the best price and non-\nsubstantive changes approved by the City Manager and City Attorney (Agreement No.\n2023-XXX).

18.\nApprove Renewal of Joint Powers Authority Agreement between the City of Santa Ana\nand Independent Cities Risk Management Authority (ICRMA), and Agreement\nbetween the City of Santa Ana and Arthur J. Gallagher and Approve Appropriation,\nAssociated Insurance Premiums, Costs, Programs, and Regulatory Fees for an\nAmount Not to Exceed $11,625,000 (Non-General Fund)\nDepartment(s): Human Resources\nRecommended Action: 1. Authorize the City Manager to approve the Agreement\nbetween the City of Santa Ana (“City”) and Arthur J. Gallagher, broker of record, from\nJuly 1, 2023 to June 30, 2024, for insurance brokerage services, subject to non-\nsubstantive changes approved by the City Manager and City Attorney (Agreement No.\n2023-XXX).\n2. Authorize the City Manager to approve payment of insurance premiums and\nassociated programs to ICRMA in an amount not to exceed $7,500,000 protection of\nCity assets, from July 1, 2023 to June 30, 2024 including but not limited to:\na. Excess Liability Program\nb. Excess Workers’ Compensation Program\nc. Auto Physical Damage Program\nd. Property and Equipment Program\ne. Crime Program\nf. Cyber Program\ng. Associated Programs\n3. Authorize the City Manager to approve payment of insurance premiums to Arthur\nJ. Gallagher, Broker, in an amount not to exceed $3,325,000 for ancillary coverages of\nCity’s assets, from July 1, 2023 to June 30, 2024 including but not limited to:\na. General Liability Buffer Program\nb. Workers’ Compensation Buffer Program\nc. Earth Movement & Flood and Difference in Coverage Program\nd. Terrorism Insurance Program\ne. Underground Storage Tank and Environmental Program\n4. Authorize the City Manager to approve funding to cover FY 2023/24 City Special\nEvents Insurance for events including but not limited to Fourth of July fireworks show,\nwinter events, and other City-sponsored events as created and held, in an amount not\nto exceed $300,000.\n5. Authorize the City Manager to approve the City’s obligation to pay the State of\nCalifornia DIR estimated assessment in the amount not to exceed $500,000.\n6. Approval of the Appropriation Adjustment will recognize $1,300,000 in Liability and\nProperty Insurance Revenue, Prior Year Carryforward revenue account (No.\n08009002-50001) and appropriate the same amount into the Liability & Property\ninsurance account (No. 08009051-64010). (Requires five affirmative votes)

19.\nAppropriation Adjustment and Memorandum of Understanding Accepting Fiscal Year\n(FY) 2022 Improving Criminal Justice Response to Domestic Violence, Dating\nViolence, Sexual Assault, and Stalking Grant Program Funds\nDepartment(s): Police Department\nRecommended Action: 1. Approve an appropriation adjustment recognizing\n$210,000 in grant revenue from the U.S. Department of Justice Grants and\nappropriate same to the Office on Violence Against Women Improving Criminal Justice\nResponse expenditure account. (Requires five affirmative votes)\n2. Authorize the City Manager to execute a Memorandum of Understanding with\nHuman Options, Inc. accepting the FY 2022 Improving Criminal Justice Response to\nDomestic Violence, Dating Violence, Sexual Assault, and Stalking Grant in the amount\nof $210,000, for the period of October 1, 2022 through September 30, 2025, subject to\nnon-substantive changes approved by the City Manager and City Attorney (Agreement\nNo. 2023-XXX).

2.\nCertificate of Recognition presented by Mayor Pro Tem Lopez to Mia Verdin for\nOutstanding Contributions to the Community.

20.\nAdopt Resolution Appointing the Executive Director of Finance as Plan Administrator\nfor Employee Savings Plans\nDepartment(s): Finance and Management Services\nRecommended Action: Adopt a resolution appointing the Executive Director of\nFinance as plan administer of the 457(b) Deferred Compensation Plan, the 401(a)\nRetirement Savings Plan, and the 401(h) Retirement Health Savings Plan.\nRESOLUTION NO. 2023-XXX A RESOLUTION OF THE CITY COUNCIL OF THE\nCITY OF SANTA ANA AMENDING RESOLUTIONS 2011-024 AND 2016-053 AND\nAPPOINTING THE EXECUTIVE DIRECTOR OF THE FINANCE AND\nMANAGEMENT SERVICES AGENCY AS THE PLAN ADMINISTRATOR FOR THE\nCITY’S 457(B), 401(A) AND 401(H) PLANS

21.\nAdopt a Resolution for the Automated License Plate Reader Policy.\nDepartment(s): Public Works Agency\nRecommended Action: Adopt a Resolution for the Automated License Plate Reader\nPolicy.\nRESOLUTION NO. 2023-XXX A RESOLUTION OF THE CITY COUNCIL OF THE\nCITY OF SANTA ANA ADOPTING THE CITY OF SANTA ANA AUTOMATED LICENSE\nPLATE READER (ALPR) POLICY FOR CONDUCTING PARKING STUDIES

22.\nAdoption of 2023 Local Guidelines for Implementing the California Environmental\nQuality Act (“CEQA”)\nDepartment(s): Planning and Building Agency\nRecommended Action: Adopt a resolution adopting the 2023 Local Guidelines for\nImplementing the California Environmental Quality Act for the City of Santa Ana.\nRESOLUTION NO. 2023-XXX A RESOLUTION OF THE CITY COUNCIL OF THE\nCITY OF SANTA ANA ADOPTING LOCAL CEQA GUIDELINES FOR\nIMPLEMENTING THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (PUBLIC\nRESOURCES CODE SECTIONS 21000 ET SEQ.)

23.\nAdopt a Resolution and Approve an Agreement Authorizing Police Corporal Joshua\nGripentrog to Purchase a Retired Santa Ana Police Department K-9, and Accepting\nthe Donation of a Police K-9 from Johanna Scillieri for the Santa Ana Police\nDepartment K-9 Program\nDepartment(s): Police Department\nRecommended Action: 1. Adopt a resolution authorizing the purchase agreement\nbetween Santa Ana Police Corporal Joshua Gripentrog and the City of Santa Ana for\nthe sale of a retired Santa Ana Police Department K-9, and accepting the donation of\na Police K-9, equipment, and supplies from Johanna Scillieri for the Santa Ana Police\nDepartment’s K-9 Program.\nRESOLUTION NO. 2023-XXX A RESOLUTION OF THE CITY COUNCIL OF THE\nCITY OF SANTA ANA AUTHORIZING THE AGREEMENT BETWEEN POLICE\nOFFICER GRIPENTROG AND THE CITY OF SANTA ANA RELATING TO THE\nPURCHASE OF A POLICE K-9 AND ACCEPTING THE DONATION OF A POLICE K-\n9, EQUIPMENT AND SUPPLIES FROM JOHANNA SCILLIERI FOR THE SANTA ANA\nPOLICE DEPARTMENT K-9 PROGRAM\n2. Authorize the City Manager to execute a purchase agreement with Santa Ana\nPolice Corporal Joshua Gripentrog for the sale of a retired Police Department K-9 in\nthe amount of $1, subject to non-substantive changes approved by the City Manager\nand City Attorney (Agreement No. 2023-XXX).

24.\nAccept the Certificate of Sufficiency for Petition to Recall Councilmember Jessie\nLopez, City Council, Ward 3, and Either Adopt Resolutions Calling a Special Election\nand Adopting a Regulation for Officer’s Statement or Direct Staff to Prepare\nResolutions Calling a Special Election and Adopting a Regulation for Officer’s\nStatement for Consideration at the August 15, 2023 City Council Meeting\nDepartment(s): City Clerk’s Office\nRecommended Action: 1. Approve resolution accepting the certification of the\nOrange County Registrar of Voters as to the verification of signatures and the City\nClerk’s Certificate of Sufficiency for petition seeking to recall Councilmember Jessie\nLopez, City Council, Ward 3;\nRESOLUTION NO. 2023-XXX A RESOLUTION OF THE CITY COUNCIL OF THE\nCITY OF SANTA ANA ACCEPTING THE CERTIFICATE AS TO VERIFICATION OF\nSIGNATURES ON PETITION AND CERTIFICATE OF SUFFICIENCY FOR PETITION\nTO RECALL COUNCILMEMBER JESSIE LOPEZ\nFollowing acceptance of the certification, take one of the following actions:\n2. Approve two resolutions:\n1) calling and giving notice of a Special Municipal Election for the submission of the\nquestion of the recall of Councilmember Jessie Lopez to a vote by the electorate of\nWard 3 of the City of Santa Ana and requesting specified services from the County of\nOrange to conduct said election,\nRESOLUTION NO. 2023-XXX A RESOLUTION OF THE CITY COUNCIL OF THE\nCITY OF SANTA ANA, CALIFORNIA, CALLING AND GIVING NOTICE OF THE\nHOLDING OF A SPECIAL MUNICIPAL ELECTION TO BE HELD I N C O U N C I L\nW A R D 3 ON TUESDAY,_____________________, 2023 FOR SUBMISSION OF\nTHE QUESTION OF THE RECALL OF CERTAIN OFFICERS AND REQUESTING\nSPECIFIED SERVICES FROM THE COUNTY OF ORANGE TO CONDUCT SAID\nELECTION; ​and\n2) adopting a regulation for officer’s statement and establishing a system for payment\nof the cost of inclusion of the statement in the voter information guide.\nRESOLUTION NO. 2023-XXX A RESOLUTION OF THE CITY COUNCIL OF THE\nCITY OF SANTA ANA ADOPTING A REGULATION FOR AN OFFICER WHOSE\nRECALL IS BEING SOUGHT PERTAINING TO A STATEMENT SUBMITTED TO THE\nVOTERS AT A SPECIAL ELECTION ON TUESDAY __________, 2023 AND\nESTABLISHING A SYSTEM FOR PAYMENT OF THE COST OF INCLUSION OF THE\nOFFICER’S STATEMENT IN VOTER INFORMATION GUIDE/PAMPHLET AND/OR\nELECTRONIC COPY\nOR\n3. Direct staff to prepare a resolution for approval at the August 15, 2023 Council\nmeeting, submitting the question of the recall of Councilmember Jessie Lopez to a\nvote by the electorate of Ward 3 of the City of Santa Ana at a special election, and a\nresolution adopting a regulation for officer’s statement.

25.\nDiscuss and Consider Directing the City Manager to Re-consider Fees for Registering\nEvents and Reserving Facilities to Create a Community-Friendly Atmosphere –\nCouncilmember Hernandez

26.\nDiscuss and Consider Directing the City Manager to Return for City Council’s\nConsideration a Resolution in Support of AB1306 to Harmonize State Policy with\nBroadly-Supported, Existing Criminal-Justice Reforms – Councilmember Vazquez\nCITY MANAGER COMMENTS

3.\nCertificate of Recognition presented by Councilmember Bacerra to Carol Chapman\nCox for Outstanding Contributions to the Community.

4.\nProclamation declaring August 2023 as Chicano Heritage Month presented by\nCouncilmember Hernandez to Sarinana’s Tamale Factory.

5.\nCertificate of Recognition presented by Councilmember Vazquez to Jimmy Rumsey\nfor Outstanding Contributions to the Community.\nCLOSED SESSION REPORT – The City Attorney will report on any action(s)\nfrom Closed Session.

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

7.\nAppoint Frida Ramirez Nominated by Councilmember Penaloza as the Ward 6\nRepresentative to the Santa Ana 2018 Measure X Citizen Oversight Committee for a\nFull-Term Expiring December 8, 2026\nDepartment(s): City Clerk’s Office\nRecommended Action: Appoint Frida Ramirez to the Santa Ana 2018 Measure X\nCitizen Oversight Committee as the Ward 6 representative and administer the Oath of\nOffice.

8.\nReceive and File Boards and Commissions Biannual Attendance Report for January\nthrough June 2023\nDepartment(s): City Clerk’s Office\nRecommended Action: Receive and file Boards and Commissions Biannual\nAttendance Report

9.\nQuarterly Report for Housing Division Projects and Activities for the period of April 1,\n2023 to June 30, 2023\nDepartment(s): Community Development Agency\nRecommended Action: Receive and file the Quarterly Report for Housing Division\nProjects and Activities for the period of April 1, 2023 to June 30, 2023