Santa Ana — 2023-09-19

1. CONFERENCE WITH LEGAL COUNSEL­EXISTING LITIGATION pursuant to\nParagraph (1) of subdivision (d) of Section 54956.9 of the Government Code:\nA. Myles Ramsey v. City of Santa Ana, et al., United States District Court (Central\nDistrict of California), Case No. 8:21­CV­00825­JLS­KES\nB. Share Our Selves Corporation v City of Santa Ana, et al., United States District\nCourt (Central District of California), Case No. 8:23­CV­00504­DOC­DFM

1. Certificates of Recognition presented by Councilmember Phan to Sunburst Youth\nChallenge Academy Cadets for Academic Excellence/Accomplishments.

10. Approve an Appropriation Adjustment Accepting the Board of State and Community\nCorrections Officer Wellness and Mental Health Grant Program\nDepartment(s): Police Department

11. Approve an Appropriation Adjustment to Recognize Measure M2 Grant Funding and\nAmend the Fiscal Year 2023­24 Capital Improvement Program for the Fairview Street\nImprovement Project (Project No. 23­6701)\nDepartment(s): Public Works Agency\nRecommended Action: 1. Approve an appropriation adjustment recognizing\nMeasure M2 grant funding in the amount of $825,000 into the Public Works Measure\nM2 Competitive revenue account and appropriate the same amount into the Measure\nM2 Competitive Street, Improvements Other Than Building expenditure account for\nfuture year expenditures. (Requires five affirmative votes)\n2. Approve an amendment to the Fiscal Year 2023­24 Capital Improvement\nProgram to include Measure M2 grant funding in the amount of $825,000 for the\nFairview Street Improvements (17th Street to Trask Avenue) Project (Project No. 23­\n6701).

12. Approve an Appropriation Adjustment, Cooperative Cost Reimbursement Agreement\nwith the City of Garden Grove, and Award a Construction Contract to R.J. Noble\nCompany in the Amount of $1,643,676 for the Westminster Avenue Rehabilitation\nProject from Newhope Street to Harbor Boulevard with an Estimated Project Delivery\nCost of $2,112,595 (Project No. 22­6989) (Non­General Fund)\nDepartment(s): Public Works Agency\nRecommended Action: 1. Approve an appropriation adjustment recognizing\n$542,000 in cost reimbursements from the City of Garden Grove into the Selected\nStreet Construction revenue account, and appropriating the same amount to the\nSelected Street Construction expenditure account for the Westminster Avenue\nImprovement Project. (Requires five affirmative votes.)\n2. Authorize the City Manager to execute a Cooperative Cost Reimbursement\nAgreement with the City of Garden Grove for improvements on Westminster Avenue\nwithin the Garden Grove jurisdiction from Newhope Street to Harbor Boulevard,\nsubject to non­substantive changes approved by the City Manager and the City\nAttorney (Agreement No. 2023­XXX).\n3. Authorize budget reallocation of $185,405 in unspent Roadway Maintenance and\nRehabilitation Account (SB­1) from the Fairview Rehabilitation from South City Limits\nto Segerstrom Avenue Improvement (No. 21­6978) Project and $47,595 in unspent\nRoadway Maintenance and Rehabilitation Account (SB­1) from the Euclid\nRehabilitation from First Street to Hazard Avenue Improvements (No. 20­6955)\nProject to construction funds for the Westminster Avenue Rehabilitation from\nNewhope Street to Harbor Boulevard Project (No. 22­6989) to complete the project\nfunding requirement Page 8 9/19/2023\n4. Award a construction contract to R.J. Noble Company, the lowest responsible\nbidder, in accordance with the base bid in the amount of $1,643,676, subject to\nto Segerstrom Avenue Improvement (No. 21­6978) Project and $47,595 in unspent\nRoadway Maintenance and Rehabilitation Account (SB­1) from the Euclid\nRehabilitation from First Street to Hazard Avenue Improvements (No. 20­6955)\nProject to construction funds for the Westminster Avenue Rehabilitation from\nNewhope Street to Harbor Boulevard Project (No. 22­6989) to complete the project\nfunding requirement\n4. Award a construction contract to R.J. Noble Company, the lowest responsible\nbidder, in accordance with the base bid in the amount of $1,643,676, subject to\nchange orders (not to exceed 25% of the base bid amount) in accordance with the\nGreenbook: Standard Specifications for Public Works Construction, for construction\nof the Westminster Avenue Rehabilitation, for the term beginning September 19, 2023\nand ending upon project completion, and authorize the City Manager to execute the\ncontract subject to non­substantive changes approved by the City Manager and the\nCity Attorney.\n5. Approve the Project Cost Analysis for a total estimated construction delivery cost of\n$2,112,595, which includes $1,643,676 for the construction contract; $246,551 for\ncontract administration, inspection, and testing; $58,000 for design engineering; and\na $164,368 project contingency for unanticipated or unforeseen work.\n6. Determine that the recommended actions are exempt from further review in\naccordance with the California Environmental Quality Act as Categorical Exemption\nEnvironmental Review No. ER­2023­77 was filed for the project.

13. Approve an Appropriation Adjustment and Award a Construction Contract to Legion\nContractors, Inc. in the Amount of $3,366,625 for the Standard – McFadden Park\nProject, with an Estimated Project Delivery Cost of $4,208,281 (Project No. 20­2729)\n(Non­General Fund)\nDepartment(s): Public Works Agency\nRecommended Action: 1. Approve an appropriation adjustment to recognize\n$669,060 in revenue received from prior years into the Residential Development\nDistrict 3, Park Acquisition & Development Fees revenue account and appropriate\nthe same amount into the Residential Development District 3, Improvements Other\nThan Building expenditure account. (Requires five affirmative votes)\n2. Approve an amendment to the FY 2023­24 Capital Improvement Program to\ninclude $669,060 in construction funds for the Standard – McFadden Park Project\n(Project No. 20­2729).\n3. Award a construction contract to Legion Contractors, Inc., the lowest responsible\nbidder, in accordance with the base bid in the amount of $3,366,625, subject to\nchange orders (not to exceed 25 percent of the base bid amount) in accordance with\nthe Greenbook: Standard Specifications for Public Works Construction, for\nconstruction of the Standard – McFadden Park Project, for a term beginning\nSeptember 19, 2023 and ending upon project completion, and authorize the City\nManager to execute the contract subject to non­substantive changes approved by the\nCity Manager and the City Attorney.\n4. Approve the project cost analysis for a total estimated construction delivery cost\nof $4,208,281, which includes $3,366,625 for the construction contract; $504,994 for\ncontract administration, inspection, and testing; and a $336,662 project contingency\nfor unanticipated or unforeseen work.

14. Approve an Amendment to the Fiscal Year 2023­24 Capital Improvement Program for\n$53,000 and Award a Construction Contract to Hardy & Harper, Inc. in the Amount of\n$540,000 for the Traffic Calming Phase 1 in Five Separate Locations on Grovemont\nSt., Civic Center Dr., Walnut St., Myrtle St., and Cypress Ave., with an Estimated\nProject Delivery Cost of $648,000 (Project No. 23­6034) (General Fund)\nDepartment(s): Public Works Agency\nRecommended Action: 1. Approve an amendment to the FY 2023­24 Capital\nimprovement Program to include $53,000 in construction funds for the Traffic Calming\nPhase 1 (Project No. 23­6034).\n2. Authorize the City Manager to reject the bid submitted by HZS Engineering and\nConstruction as non­responsive and award a construction contract to Hardy & Harper,\nInc. the lowest responsible bidder, in accordance with the base bid in the amount of\n$540,000 for construction of the Traffic Calming Phase 1, for a term beginning\nSeptember 19, 2023 and ending upon project completion , and authorize the City\nManager to execute the contract subject to non­substantive changes approved by the\nCity Manager and the City Attorney.\n3. Approve the Project Cost Analysis for a total estimated construction delivery cost\nof $648,000, which includes $540,000 for the construction contract; $54,000 for\ncontract administration, inspection, and testing; and a $54,000 project contingency for\nunanticipated or unforeseen work.\n4. Determine that the recommended actions are exempt from further review in\naccordance with the California Environmental Quality Act as Categorical Exemption\nEnvironmental Review No. ER­2023­35 was filed for the project.

15. Approve Agreements with Interwest Consulting Group, Inc. and Epic Land Solutions,\nInc. for On­Call Right­of­Way Coordination Services in an Aggregate Amount Not to\nExceed $250,000 for up to a Five­Year Term (Non­General Fund)\nDepartment(s): Public Works Agency\nRecommended Action: Authorize the City Manager to execute agreements with\nInterwest Consulting Group, Inc. and Epic Land Solutions, Inc. to provide on­call right­\nof­way coordination services for a shared aggregate amount not to exceed $250,000,\nfor a three­year term beginning September 19, 2023 and expiring on September 18,\n2026, with the provision for one, two­year extension, subject to non­substantive\nchanges approved by the City Manager and City Attorney (Agreement No. 2023­\nXXX).

16. Amend the Agreement with Elliott Auto Supply Co., Inc. dba Factory Motor Parts by\nIncreasing the Existing Agreement by an Annual Amount Not to Exceed $500,000 for\nthe Remainder of the Contract Page\nTerm 10 9/19/2023\n(Specification No. 19­085) (Non­General Fund)\nDepartment(s): Public Works Agency\nchanges approved by the City Manager and City Attorney (Agreement No. 2023­\nXXX).\n16. Amend the Agreement with Elliott Auto Supply Co., Inc. dba Factory Motor Parts by\nIncreasing the Existing Agreement by an Annual Amount Not to Exceed $500,000 for\nthe Remainder of the Contract Term (Specification No. 19­085) (Non­General Fund)\nDepartment(s): Public Works Agency\nRecommended Action: Authorize the City Manager to execute the first amendment\nto the agreement with Elliott Auto Supply Co., Inc. dba Factory Motor Parts for\nconsignment vehicle parts and accessories by increasing the annual amount by\n$160,000, for a revised annual amount not to exceed $500,000, for the remainder of\nthe current one­year term expiring June 30, 2024, subject to non­substantive changes\napproved by the City Manager and City Attorney (Agreement No. 2023­XXX).

17. Approve Agreements with Enterprise Automation, Northern Digital, Inc., and SOFFA\nElectric, Inc. to Provide Functional Specifications and SCADA Source Control and\nChange Control Services in an Aggregate Amount Not to Exceed $1,250,000 for up\nto a Five­Year Term (Non­General Fund)\nDepartment(s): Public Works Agency\nRecommended Action: Authorize the City Manager to execute agreements with\nPartners in Control, Inc. dba Enterprise Automation, Northern Digital, Inc., and SOFFA\nElectric, Inc. to provide on­call engineering services to prepare functional\nspecifications and to provide supervisory control and data acquisition, source control,\nand change control services, for a shared aggregate amount not to exceed\n$1,250,000, for a three­year term beginning September 19, 2023 and expiring\nSeptember 18, 2026, with provisions for one, two­year extension, subject to non­\nsubstantive changes approved by the City Manager and City Attorney (Agreement No.\n2023­XXX).

18. Approve the First Amendment to the IPS Group, Inc. Agreement for Increased Monthly\nSmart Parking Meters Service Cost, Warranty Purchase, Repair, Modem Upgrades,\nand Contingency Cost in the Amount of $540,000 (Non­General Fund)\nDepartment(s): Community Development Agency\nRecommended Action: Authorize the City Manager to execute an amendment to the\nagreement with IPS Group, Inc. for increased monthly smart parking meters service\ncost, warranty purchase, repairs, and modem upgrades, to increase the\ncompensation amount by $540,000, for a total amount not to exceed $840,000 for the\nexisting term of February 15, 2022 to February 14, 2027, subject to non­substantive\nchanges approved by the City Manager and City Attorney (Agreement No. 2023­\nXXX).

19. Approve an Agreement with Empower Annuity Insurance Company for Administrative,\nRecordkeeping, and Communication Services Pertaining to the 457 Deferred\nCompensation Plan\nDepartment(s): Finance and Management Services\nRecommended Action: Authorize the City Manager to execute a Restated Master\nServices Agreement with Empower Annuity Insurance Company for the

2. City Tile presented by Mayor Amezcua to the Sahuayo City Council for their\nCommitment to Fostering a Sister City relationship with the Santa Ana Community.

20. Approve Master Service Agreement with Lexipol, LLC to provide Policy Manual\nMaintenance and Support to the Police Department (General Fund and Non­General\nFund) (continued from City Council meeting of August 29, 2023, Item No. 14)\nDepartment(s): Police Department\nRecommended Action: Authorize the City Manager to execute an agreement with\nLexipol, LLC for the period of October 1, 2023 through September 30, 2026, to\nprovide policy manual maintenance, support, and training services to the Police\nDepartment in an amount not to exceed $175,573.29, subject to non­substantive\nchanges approved by the City Manager and City Attorney (Agreement No. 2023­\nXXX).

21. Second Extension of Site Plan Review No. 2020­04 for the Central Pointe Mixed­Use\nProject to be Located at 1801 East Fourth Street\nDepartment(s): Planning and Building Agency\nRecommended Action: Adopt a resolution approving a second one­year extension\nof Site Plan Review No. 2020­04 to November 9, 2024.\nRESOLUTION NO. 2023­XXX A RESOLUTION OF THE CITY COUNCIL OF THE\nCITY OF SANTA ANA APPROVING A ONE­YEAR EXTENSION OF SITE PLAN\nREVIEW NO. 2020­04 FOR THE CENTRAL POINTE MIXED­USE DEVELOPMENT\nTO BE LOCATED AT 1801 EAST FOURTH STREET (includes determination that\nthis action is not subject to the California Environmental Quality Act (CEQA) pursuant\nto Section 15061(b)(3) of the CEQA Guidelines as the proposed action to extend the\nexisting, approved entitlement does not have the potential to cause a significant effect\non the environment, as the existing, approved entitlement has already been evaluated\npursuant to CEQA).

22. Resolutions Supporting Orange County Water District’s Submission of a Grant\nApplication for Wells 27 and 28 PFAS Treatment System Project\nDepartment(s): Public Works Agency\nRecommended Action:\n1. Adopt a resolution authorizing the Executive Director of the Public Works Agency\nto submit a financial assistance application for a financing agreement from the\nState Water Resources Control Board for the planning, design, and construction of\nthe Wells 27 and 28 PFAS Treatment System Project.\nRESOLUTION NO. 2023­XXX A RESOLUTION OF THE CITY COUNCIL OF\nTHE CITY OF SANTA ANAPage\nAUTHORIZING\n12 AN APPLICATION TO THE STATE\n9/19/2023\nWATER RESOURCES CONTROL BOARD FOR FINANCIAL ASSISTANCE FOR\nTHE WELLS 27 AND 28 PFAS TREATMENT SYSTEM PROJECT\nto submit a financial assistance application for a financing agreement from the\nState Water Resources Control Board for the planning, design, and construction of\nthe Wells 27 and 28 PFAS Treatment System Project.\nRESOLUTION NO. 2023­XXX A RESOLUTION OF THE CITY COUNCIL OF\nTHE CITY OF SANTA ANA AUTHORIZING AN APPLICATION TO THE STATE\nWATER RESOURCES CONTROL BOARD FOR FINANCIAL ASSISTANCE FOR\nTHE WELLS 27 AND 28 PFAS TREATMENT SYSTEM PROJECT\n2. Adopt a resolution declaring the Wells 27 and 28 PFAS Treatment System Project\nis categorically exempt from the California Environmental Quality Act pursuant to\nSection 1503 of California Environmental Quality Act Guidelines.\nRESOLUTION NO. 2023­XXX A RESOLUTION OF THE CITY COUNCIL OF THE\nCITY OF SANTA ANA CONSIDERING CITY OF SANTA ANA WELLS 27 AND 28\nPFAS TREATMENT SYSTEM PROJECT EXEMPT (includes determination that\nthis action is not subject to the California Environmental Quality Act (CEQA)\npursuant to Section 15303 of the CEQA Guidelines as the proposed\naction consists of the construction and operation of small treatment plants and\nassociated connection facilities at previously disturbed sites representing the\ndevelopment of limited numbers of new, small facilities or structures and it would\nnot result in any significant impacts to the environment).

23. Councilmember­Requested Item Policy\nDepartment(s): City Manager’s Office\nRecommended Action: Adopt a resolution approving the City Council Policy\nRegarding Councilmember­Requested Items.\nRESOLUTION NO. 2023­XXX A RESOLUTION OF THE CITY COUNCIL OF THE\nCITY OF SANTA ANA APPROVING THE CITY COUNCIL POLICY REGARDING\nCOUNCILMEMBER­REQUESTED ITEMS

24. Second Reading of Ordinance Amending Article VII, Prima Facie Speed Limits, of\nChapter 36 of the Santa Ana Municipal Code Establishing Speed Limits on Certain\nStreets and Portions of Streets in the City (Project No. 22­2992) (Non­General Fund)\nFirst reading at the August 29, 2023 City Council meeting, approved by a vote of 5­1­\n1 (Bacerra dissenting and Amezcua absent).\nPublished in the Orange County Reporter on September 8, 2023.\nDepartment(s): Public Works Agency\nRecommended Action: Conduct a second reading of and adopt ordinance\namending Article VII, Prima Facie Speed Limits, of Chapter 36 of the Santa Ana\nMunicipal Code establishing speed limits on certain streets and portions of streets in\nthe City.\nORDINANCE NO. NS­3050 – AN ORDINANCE OF THE CITY COUNCIL OF THE\nCITY OF SANTA ANA REPEALING AND REENACTING IN ITS ENTIRETY ARTICLE\nVII OF CHAPTER 36 OF THE SANTA ANA MUNICIPAL CODE ESTABLISHING\nPRIMA FACIE SPEED LIMITS

25. Public Hearing: Consolidated Annual Performance and Evaluation Report for Fiscal\nYear 2022­23 (Community Development Block Grant, Emergency Solutions Grant,\nHOME Investment Partnership Program)\nLegal notice published in the Orange County Register, La Opinion, and Nguoi Viet on\nAugust 17, 2023.\nDepartment(s): Community Development Agency\nRecommended Action: Authorize submission of the Consolidated Annual\nPerformance and Evaluation Report to the U.S. Department of Housing and Urban\nDevelopment.\nCOUNCILMEMBER REQUESTED ITEMS

26. Discuss and Consider Directing the City Attorney to Prepare a City Council­Initiated\nBallot Measure for Voter Approval Affirming the City of Santa Ana’s Rent Stabilization\nand Just Cause Eviction Ordinance for the November 2024 General Presidential\nElection – Councilmember Phan

27. Discuss and Consider Directing the City Manager to Bring Back at the Next Regularly\nScheduled Meeting a Fully Enforceable Ordinance that would Prohibit Spectators at\nIllegal Speed Contests and Reckless Driving Exhibitions That Often Endanger\nPeople’s Lives and Disrupt Residents’ Quality of Life – Councilmember Penaloza

28. Discuss and Consider Directing the City Manager and the City Attorney to Prepare for\nthe City Council’s Consideration Resolution Options to Place the Issue of Noncitizen\nVoting in City Council and Mayoral Elections on the November 2024 Ballot and\nFurther Discuss and Consider Directing the City Manager to Prepare a Cost and\nImplementation Analysis of Establishing Noncitizen Voting – Councilmembers\nHernandez and Vazquez\nCITY MANAGER COMMENTS

3. Certificates of Recognition presented by Mayor Pro Tem Lopez to the City’s Housing\nDivision Team for Outstanding Contributions to the Community.\nSTAFF PRESENTATIONS

4. Informational Briefing and Update on PFAS Cleanup by Orange County Water District\nCLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed\nSession.

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

6. Appoint Gabriel Castillo Laughton Nominated by Mayor Pro Tem Lopez as the Ward 3\nRepresentative to the Police Oversight Commission for a Full­Term Expiring December\n10, 2024\nDepartment(s): City Clerk’s Office\nRecommended Action: Appoint Gabriel Castillo Laughton to the Police Oversight\nCommission as the Ward 3 representative and administer the Oath of Office.

8. Approve Destruction of Obsolete City Records\nDepartment(s): Finance and Management Services\nRecommended Action: Approve the request for the destruction of obsolete records\nfrom the Finance & Management Services in accordance with the retention schedule\noutlined in City Council Resolution 2013­014.

9. Approve Appropriation Adjustment to Carry Over Unspent Amounts from Fiscal Year\n2022­23 to Fiscal Year 2023­24\nDepartment(s): Finance and Management Services\nRecommended Action: 1. Approve an Appropriation Adjustment to reduce the FY\n2022­23 budget for unspent amounts to be carried over to FY 2023­24. (Requires five\naffirmative votes)\n2. Approve an Appropriation Adjustment to increase the FY 2023­24 budget for\namounts carried forward from FY 2022­23. (Requires five affirmative votes)