Santa Ana — 2023-10-17

1.\nCONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION pursuant\nto Paragraph (1) of subdivision (d) of Section 54956.9 of the Government\nCode:\nIn re Aqueous Film-Forming Foams Prods. Liability Litigation, United\nStates District Court for the District of South Carolina, Charleston\nDivision, Case No. MDL 2:18-mn-2873-RMG

2.\nCONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code\nSection 54957.6(a):\nAgency Negotiator: Ramon Figueroa, Acting Human Resources Executive\nDirector\nEmployee Organization:\nSanta Ana Police Officers Association (POA)

3.\nPUBLIC EMPLOYEE EMPLOYMENT/APPOINTMENT pursuant to\nGovernment Code §54957\nTitle: Acting City Manager/Interim City Manager/Permanent City Manager

1.\nProclamation presented by Mayor Amezcua to the City’s Code Enforcement\nTeam declaring October 9-13, 2023, as Code Enforcement Officer\nAppreciation Week.

10.\nAuthorize Issuance of the Fiscal Year 2023-24 Request for Proposals for\nAffordable Homeownership Opportunities; Approve an Update to the Down\nPayment Assistance Program Guidelines; Allocate Additional Funds to Down\nPayment Assistance\nDepartment(s): Community Development Agency\nRecommended Action:\n1. Authorize the City Manager to issue a Fiscal Year 2023-24 Request for\nProposals for Affordable Homeownership Opportunities to solicit proposals\nfor affordable ownership project(s) in the City of Santa Ana with funding\nfrom the HOME Investment Partnerships (HOME) Program.\n2. Authorize the City Manager to update the City’s Down Payment Assistance\nProgram to include City’s high school loan forgiveness incentive and\nincrease the maximum debt-to-income ratios.\n3. Approve an Appropriation Adjustment to recognize $762,979.40 in\nCalHome Program Re-use Funds and $1,527,020.60 in Inclusionary\nHousing Funds and appropriate these additional funds to the Down\nPayment Assistance Program. (Requires five affirmative votes)

11.\nAward a Blanket Order Contract to Brodart Company for Library Cataloging\nand Purchase of Collections and Materials for the Santa Ana Public Library in\nan Annual Amount not to Exceed $590,000 (General Fund)\nDepartment(s): Library\nRecommended Action: Award a blanket order contract to Brodart Company\nfor cataloging and purchase of collections and materials for the Santa Ana\nPublic Library, in an annual amount not to exceed $590,000, for a three-year\nterm beginning November 1, 2023 through October 31, 2026, with options for\ntwo one-year renewals, subject to non-substantive changes approved by the\nCity Manager and City Attorney.

12.\nApprove an agreement with Overdrive, Inc. for digital content hosting and\ndistribution in an amount not to exceed $405,000 and an appropriation\nadjustment in the amount of $16,639 (General Fund)\nDepartment(s): Library\nRecommended Action:\n1. Authorize the City Manager to execute an agreement with Overdrive, Inc. to\nprovide hosting services and digital content in an amount not to exceed\n$405,000 for a term beginning November 1, 2023 and expiring June 30, 2026,\nwith provision for two, 1-year renewal options, subject to non-substantive\nchanges approved by the City Manager and City Attorney (Agreement No.\n2023-XXX).\n2. Approve an appropriation adjustment to recognize $16,639 in California\nState Library California Library Services Act funds in the miscellaneous\nincome revenue account and appropriate the same amount into the Library\nTech & Support Services, Computer Software Subscriptions expenditure\naccount. (Requires five affirmative votes)

13.\nApprove an Agreement with The Library Corporation (TLC) for a Library\nAutomation System and Hosting Services in an Amount not to Exceed\n$179,439 (General Fund)\nDepartment(s): Library\nRecommended Action:\nAuthorize the City Manager to execute an agreement with The Library\nCorporation to provide a library automation system and hosting services in an\namount not to exceed $179,439 for a term beginning November 1, 2023 and\nexpiring June 30, 2026, with provision for two, 1-year renewal options, subject\nto non-substantive changes approved by the City Manager and City Attorney\n(Agreement No. 2023-XXX).

14.\nApprove an agreement with United States Geological Survey at the Santa\nAna Zoo\nDepartment(s): Parks, Recreation, and Community Services\nRecommended Action: Authorize the City Manager to execute an\nagreement with the United States Geological Survey Western Ecological\nResource Center, to provide conservation programs for a five-year period,\nsubject to non-substantive changes approved by the City Manager and City\nAttorney (Agreement No. 2023-XXX).

15.\nAward Purchase Order for Jones Forest Products, LLC for Two Holiday Trees\nfor the Winter Village and Downtown Santa Ana (Specification No.23-163)\n(General Fund)\nDepartment(s): Parks, Recreation, and Community Services\nRecommended Action: Authorize a one-time purchase and payment of\nPurchase Order to Jones Forest Products, LLC for the procurement,\ninstallation, decoration, and removal of two holiday trees for Winter Village\nand Downtown Santa Ana in the amount of $59,500, plus a contingency of\n$5,950, for a total amount not to exceed $65,450, subject to non-substantive\nchanges approved by the City Manager and City Attorney.

16.\nAgreement with Moore, Iacofano, Goltsman, Inc. (MIG) for the\nComprehensive Zoning Code Update in an Amount not to Exceed $1,574,515\n(Specification No. 23-010) (General Fund and Non-General Fund)\nDepartment(s): Planning and Building Agency\nRecommended Action: Authorize the City Manager to make all conforming\nedits and execute a Professional Service Agreement with Moore, Iacofano,\nGoltsman, Inc. (MIG) for the Comprehensive Zoning Code Update in an\namount not to exceed $1,574,515, which includes a contingency amount of\n$50,000 and optional tasks totaling $95,700, for a two-year term beginning on\nOctober 17, 2023, and expiring on October 31, 2025, with provisions for one\ntwo-year extension, subject to non-substantive changes approved by the City\nManager and City Attorney (Agreement No. 2023-XXX).

17.\nApprove a Cooperative Agreement with Orange County Transportation\nAuthority for the Countywide Signal Synchronization Baseline Project, for a\nTerm Effective Until December 31, 2028 (Non-General Fund)\nDepartment(s): Public Works Agency\nRecommended Action: Authorize the City Manager to execute a\nCooperative Agreement with Orange County Transportation Authority\nidentifying the City’s role and responsibilities to implement the countywide\nsignal synchronization baseline project, effective upon full approval of the\nagreement by all parties through December 31, 2028, with the option to be\nextended, subject to non-substantive changes approved by the City Manager\nand City Attorney (Agreement No. 2023-XXX).

18.\nApprove Appropriation Adjustments and Award a Construction Contract to\nC.S. Legacy Construction, Inc. in the Amount of $1,598,202 for the King\nStreet Urban Greening Project with an Estimated Construction Delivery Cost\nof $1,918,240 (Project No. 23-6625) (Non-General Fund)\nDepartment(s): Public Works Agency\nRecommended Action:\n1. Approve an appropriation adjustment to recognize $275,000 of prior year\nfund balance in the Federal Clean Water Protection fund, Prior-Year\nCarryforward revenue account (No. 05717002-50001) and appropriate the\nsame amount into the Federal Clean Water Protection Enterprise,\nImprovements Other Than Building expenditure account. (Requires five\naffirmative votes)\n2. Approve an appropriation adjustment to recognize $300,000 of prior-year\nfund balance in the Residential Development District 1, Park Acquisition &\nDevelopment Fees, Prior Year Carryforward revenue account (No. 31113002-\n50001) and appropriate the same amount into the Residential Development\nDistrict 1, Improvements Other Than Building expenditure account. (Requires\nfive affirmative votes)\n3. Approve an amendment to the Fiscal Year 2023-24 Capital Improvement\nProgram to add $275,000 of Federal Clean Water Protection Enterprise\nfunding and $300,000 of Residential Development District 1, Park Acquisition\n& Development funding for the King Street Urban Greening Project (23-6625).\n4. Award a construction contract to C.S. Legacy Construction, Inc., the lowest\nresponsible bidder, in accordance with the base bid in the amount of\n$1,598,202, subject to change orders (not to exceed 25 percent of the base\nbid amount) in accordance with the Greenbook: Standard Specifications for\nPublic Works Construction, for construction of the King Street Urban Greening\nProject, for the term beginning October 17, 2023 and ending upon project\ncompletion, and authorize the City Manager to execute the contract subject to\nnon-substantive changes approved by the City Manager and the City Attorney.\n5. Approve the Project Cost Analysis for a total estimated construction\ndelivery cost of $1,918,240, which includes $1,598,202 for the construction\ncontract, $159,820 for contract administration, inspection, and testing, and a\n$160,218 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 (“CEQA”) as\nCategorical Exemption Environmental Review No. ER-2023-73 was filed for\nthis project.

19.\nAward a Construction Contract to All American Asphalt in the Amount of\n$1,899,983 for the 17th Street Rehabilitation, with an Estimated Project\nDelivery Cost of $2,374,980 (Project No. 21-6979 & 21-6980) (Non-General\nFund)\nDepartment(s): Public Works Agency\nRecommended Action:\n1. Authorize budget reallocation of $671,980 in unspent Roadway\nMaintenance and Rehabilitation Account (SB-1) funds from the Fairview\nRehabilitation from South City Limits to Segerstrom Avenue Improvement (No.\n21-6978) Project to complete the project funding requirement as follows:\n$335,990 to be allocated to 17th Street Rehabilitation, Bristol to Flower\n(No.21-6979) Project and $335,990 to be allocated to 17th Street\nRehabilitation, Fairview to Bristol (No. 21-6980) Project.\n2. Award a construction contract to All American Asphalt, the lowest\nresponsible bidder, in accordance with the base bid in the amount of\n$1,899,983, subject to change orders (not to exceed 25 percent of the base\nbid amount) in accordance with the Greenbook: Standard Specifications for\nPublic Works Construction, for construction of the 17th Street Rehabilitation\nProject, for a term beginning October 17, 2023, and ending upon project\ncompletion, and authorize the City Manager to execute the contract subject to\nnon-substantive changes approved by the City Manager and the City Attorney.\n3. Approve the Project Cost Analysis for a total estimated construction\ndelivery cost of $2,374,980, which includes $1,899,676 for the construction\ncontract, $284,998 for contract administration, inspection, and testing, and a\n$189,999 project contingency for unanticipated or unforeseen work.\n4. Approve an amendment to the FY 2023-24 Capital Improvement Program\nto include $671,980 in construction funds for the 17th Street Rehabilitation\nProject (Project No. 21-6979, 21-6980).\n5. Determine that the recommended actions are exempt from further review in\naccordance with the California Environmental Quality Act (“CEQA”) as\nCategorical Exemption Environmental Review No. ER-2021-48 was filed for\nthis project.

2.\nProclamation presented by Mayor Pro Tem Lopez to Radiant Futures\ndeclaring October 2023 as Domestic Violence Awareness Month.

20.\nAmend the Agreement with Service First Fountains to Increase the Contract\nAmount Annually by $50,000 and Extend the Term by Two Years for Fountain\nMaintenance and Repair Services (General Fund)\nDepartment(s): Public Works Agency\nRecommended Action: Authorize the City Manager to execute a first\namendment to the agreement with Service First Fountains to provide\nscheduled fountain maintenance and repair services, increasing the annual\namount by $50,000 for a new annual amount not to exceed $167,000 and\nextend the term by two years until December 31, 2025, subject to non-\nsubstantive changes approved by the City Manager and the City Attorney\n(Agreement No. 2023-XXX).

21.\nApprove an Appropriation Adjustment and Award Site License and Lease\nAgreements to Pacific Coast Shuttles, LLC, DBA Futura Bus Net, Inc., for Bus\nPassenger Services at the Santa Ana Regional Transportation Center\nDepartment(s): Public Works Agency\nRecommended Action:\n1. Authorize the City Manager to execute a site license agreement with Pacific\nCoast Shuttles, LLC, DBA Futura Bus Net, Inc. to compensate the City $2,500\nper month for the rental of one bus bay for bus passenger services at the\nSanta Ana Regional Transportation Center, for a six-month term beginning\nNovember 1, 2023, and ending April 30, 2024, with the option of four\nconsecutive, one-year renewal periods exercisable by the City Manager,\nsubject to non-substantive changes approved by the City Manager and City\nAttorney (Agreement No. 2023-XXX).\n2. Authorize the City Manager to execute a site lease agreement with Pacific\nCoast Shuttles, LLC, DBA Futura Bus Net, Inc. to compensate the City $1,500\nper month for ticket counter office space for bus passenger services at the\nSanta Ana Regional Transportation Center, for a six-month term beginning\nNovember 1, 2023, and ending April 30, 2024, with the option of four\nconsecutive, one-year renewal periods exercisable by the City Manager,\nsubject to non-substantive changes approved by the City Manager and City\nAttorney (Agreement No. 2023-XXX).\n3. Approve an appropriation adjustment recognizing Fiscal Year 2023-24\nlease income in the amount of $24,000 into the Public Works Agency – Santa\nAna Regional Transportation Center Operations, Rental Pacific Coast Shuttle\nrevenue account and appropriating the same amount to the Public Works\nAgency- Santa Ana Regional Transportation Center Operations, Contract\nServices-Professional expenditure account. (Requires five affirmative votes)

22.\nAdopt a Resolution to Add Positions in the City Attorney’s Office, the Public\nWorks Agency, and to reallocate a position in the Community Development\nAgency\nDepartment(s): Finance and Management Services\nRecommended Action:\nAdopt a resolution that amends the Fiscal Year 2023-24 Annual Budget to add\none (1) position in the City Attorney’s Office, two (2) positions in the Public\nWorks Agency, and to reallocate one (1) position in the Community\nDevelopment Agency, which increases the total authorized headcount from\n1,395 to 1,398.\nRESOLUTION NO. 2023-XXX entitled A RESOLUTION OF THE CITY\nCOUNCIL OF THE CITY OF SANTA ANA TO AMEND THE CURRENT\nFISCAL YEAR 2023-2024 ANNUAL BUDGET TO ADJUST FULL-TIME\nPOSITIONS IN THE CITY ATTORNEY’S OFFICE, COMMUNITY\nDEVELOPMENT AGENCY, AND PUBLIC WORKS AGENCY, INCLUDING\nADDITIONS AND/OR REALLOCATIONS

23.\nDensity Bonus Agreement No. 2023-01 to facilitate the construction of a rental\nresidential development consisting of fifteen apartment units, with one unit\nproposed as affordable to very low-income households.\nDepartment(s): Planning and Building Agency\nRecommended Action:\n1. Adopt a resolution approving Density Bonus Agreement No. 2023-01 as\nconditioned.\nRESOLUTION NO. 2023-XXX entitled A RESOLUTION OF THE CITY\nCOUNCIL OF SANTA ANA APPROVING THE DENSITY BONUS\nAGREEMENT NO. 2023-01 AS CONDITIONED FOR A NEW RENTAL\nRESIDENTIAL DEVELOPMENT WITH FIFTEEN UNITS FOR THE\nPROPERTY LOCATED AT 1212 E. FOURTH STREET (APN: 398-385-02)\n2. Authorize the City Manager to execute a Density Bonus Agreement with\nUnison Real Estate Group, LLC, for a 55-year term, for a rental residential\ndevelopment consisting of fifteen apartment units, with one unit proposed as\naffordable to very low-income households, at 1212 E. Fourth Street, subject to\nnon-substantive changes approved by the City Manager and City Attorney.

24.\nAdopt a Resolution and Approve Appropriation Adjustment and Agreement\nAccepting Fiscal Year 2022 Urban Areas Security Initiative Grant Program\nFunds (Non-General Fund)\nDepartment(s): Police Department\nRecommended Action:\n1. Adopt a resolution authorizing the City Manager and the Chief of Police, or\ntheir designee(s), to enter into an agreement with the City of Anaheim for the\nFY 2022 Urban Areas Security Initiative Grant Program.\nRESOLUTION NO. 2023-XXX entitled A RESOLUTION OF THE CITY\nCOUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE CITY\nMANAGER AND THE CHIEF OF POLICE OR THEIR DESIGNEE(S) TO\nENTER INTO AN AGREEMENT WITH THE CITY OF ANAHEIM FOR THE\nFY2022 URBAN AREA SECURITY INITIATIVE FUNDING PROGRAM\n2. Approve an Appropriation Adjustment recognizing $1,822,800 in grant\nrevenue from the FY 2022 Urban Area Security Initiative funding program\nrevenue account and appropriate same to the FY 2022 Urban Area Security\nInitiative Program Grant expenditures accounts. (Requires five affirmative\nvotes)\n3. Authorize the City Manager and the Chief of Police to execute an\nagreement with the City of Anaheim accepting the FY 2022 Urban Areas\nSecurity Initiative Grant Program in the amount of $1,822,800 for the period of\nAugust 9, 2023 through March 31, 2025, subject to non-substantive changes\napproved by the City Manager and City Attorney (Agreement No. 2023-XXX).

25.\nSecond Reading of Ordinance Adding Article XV, Sections 36-706 through 36-\n710, Entitled "Street Racing and Reckless Driving Exhibitions Prohibited" to\nthe Santa Ana Municipal Code\nFirst reading at the October 3, 2023 City Council meeting and approved by a\nvote of 6-1 (Hernandez dissenting).\nPublished in the Orange County Reporter on October 9, 2023.\nDepartment(s): City Attorney Office\nRecommended Action: Conduct a second reading and adopt ordinance\nadding Article XV, Sections 36-706 through 36-710, Entitled "Street Racing\nand Reckless Driving Exhibitions Prohibited" to the Santa Ana Municipal\nCode.\nORDINANCE NO. NS-3051 - AN ORDINANCE OF THE CITY COUNCIL OF\nTHE CITY OF SANTA ANA ADDING A NEW ARTICLE XV TO CHAPTER 36\nOF THE SANTA ANA MUNICIPAL CODE TO PROHIBIT SPECTATORS AT A\nSTREET RACE OR RECKLESS DRIVING EXHIBITION (includes\ndetermination that this ordinance is not subject to the California\nEnvironmental Quality Act under California Code of Regulations, Title 14,\nSection 15060, subdivision (c)(2), because the activity will not result in a\ndirect or reasonably foreseeable indirect physical change in the environment\nnor under subdivision (c)(3) because the activity has no potential for resulting\nin physical change to the environment, directly or indirectly and so is not a\nproject)

26.\nSecond Reading of Ordinance Amending Article XIX of Chapter 8 of the Santa\nAna Municipal Code to Require Two-Thirds Approval by all Members of the\nCity Council for Certain Future Amendments\nFirst reading at the October 3, 2023 City Council meeting and approved by a\nvote of 4-3 (Bacerra, Penaloza, and Amezcua dissenting).\nPublished in the Orange County Reporter on October 9, 2023.\nDepartment(s): City Attorney Office\nRecommended Action: Conduct a second reading and adopt ordinance\namending Article XIX of Chapter 8 of the Santa Ana Municipal Code to\nRequire Two-Thirds Approval by all Members of the City Council for Certain\nFuture Amendments.\nORDINANCE NO. NS-3052 - AN ORDINANCE OF THE CITY COUNCIL OF\nTHE CITY OF SANTA ANA AMENDING ARTICLE XIX OF CHAPTER 8 OF\nTHE SANTA ANA MUNICIPAL CODE PERTAINING TO THE RENT\nSTABILIZATION AND JUST CAUSE EVICTION ORDINANCES TO REQUIRE\nTWO-THIRDS APPROVAL BY ALL MEMBERS OF THE CITY COUNCIL\nFOR CERTAIN FUTURE AMENDMENTS (includes determination that this\nOrdinance is not subject to the California Environmental Quality Act (CEQA)\npursuant to sections 15060(c)(2) and 15060(c)(3) of the State CEQA\nGuidelines because it will not have a direct or reasonably foreseeable indirect\nphysical change in the environment as it is not a “project” as defined in\nsection 15378 of the State CEQA Guidelines)

27.\nConsider Whether to Adopt Resolutions Calling a General Municipal Election\nfor November 5, 2024, Requesting Consolidation with the Statewide General\nElection, and Placing Ballot Measures Before the Voters Asking Whether to 1)\nAdopt a Rent Stabilization and Just Cause Eviction Ordinance and 2)\nWhether to Permit Noncitizen Voting in Municipal Elections\nDepartment(s): City Attorney Office\nRecommended Action: Consider the following options:\n1. Take no action;\nOR\n2. Adopt a resolution calling and giving notice of a General Municipal\nElection to be held in the City of Santa Ana on November 5, 2024 for\nthe submission of a ballot measure to the qualified voters proposing a\nRent Stabilization and Just Cause Eviction Ordinance and requesting\nthe Orange County Board of Supervisors to consolidate this election\nwith the Statewide General Election.\nRESOLUTION NO. 2023-XXX – A RESOLUTION OF THE CITY\nCOUNCIL OF THE CITY OF SANTA ANA CALLING AND GIVING\nNOTICE OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN\nTHE CITY OF SANTA ANA ON NOVEMBER 5, 2024 FOR THE\nSUBMISSION OF A BALLOT MEASURE TO THE QUALIFIED\nVOTERS PROPOSING A RENT STABILIZATION AN JUST CAUSE\nEVICTION ORDINANCE AND REQUESTING THE ORANGE\nCOUNTY BOARD OF SUPERVISORS TO CONSOLIDATE THIS\nELECTION WITH THE STATEWIDE GENERAL ELECTION (includes\ndetermination that this Resolution is not subject to the California\nEnvironmental Quality Act (CEQA) pursuant to sections 15060(c)(2)\nand 15060(c)(3) of the State CEQA Guidelines because it will not result\nin a direct or reasonably foreseeable indirect physical change in the\nenvironment, as there is no possibility it will have a significant effect on\nthe environment and it is not a “project,” as defined in section 15378 of\nthe State CEQA Guidelines. Furthermore, the Resolution falls within\nthe “common sense” CEQA exemption set forth in CEQA Guidelines\nsection 15061(b)(3), excluding projects where “it can be seen with\ncertainty that there is no possibility that the activity in question may\nhave a significant effect on the environment.”);\nAND/OR\n3. Adopt a resolution calling and giving notice of a General Municipal\nElection to be held in the City of Santa Ana on November 5, 2024 for\nthe Submission of a ballot measure to the qualified voters asking if the

3.\nProclamation presented by Councilmember Bacerra declaring October 2023\nas Filipino American History Month.\nSTAFF PRESENTATIONS

4.\nUpdate from League of California Cities

5.\nRental Registry Program Update\nCLOSED SESSION REPORT – The City Attorney will report on any action(s)\nfrom Closed Session.\n📎

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

8.\nAppoint Members to the Parks, Recreation and Community Service\nCommission for a Two-Year Term to Represent Residents 55 and Older\nDepartment(s): Parks, Recreation, and Community Services\nRecommended Action:\n1. Appoint Silvia Reyes, Southwest Senior Center, to the Parks, Recreation\nand Community Service Commission for a two-year term expiring October\n31, 2025.\n2. Appoint David Dang, Santa Ana Senior Center, to the Parks, Recreation\nand Community Service Commission for a two-year term expiring October\n31, 2025.

9.\nSanta Ana Multidisciplinary Response Team (SMART) Program 2023\nProgress Report\nDepartment(s): Community Development Agency\nRecommended Action: Receive and file SMART Program 2023 Progress\nReport.