Santa Ana — 2024-01-16

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 REAL PROPERTY NEGOTIATOR pursuant to\nGovernment Code Section 54956.8:\nProperty Address: 849 N. Garnsey St., APN: 005-142-01\nAgency Negotiator: Interim City Manager Tom Hatch\nNegotiating Party: Carlos J & Olivia Saldivar\nTerms: Potential Acquisition

3.\nCONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code\nSection 54957.6(a):\nAgency Negotiator: Jason Motsick, Human Resources Executive Director\nEmployee Organization:\nSanta Ana Police Officers Association (POA)

4.\nPUBLIC EMPLOYEE EMPLOYMENT/APPOINTMENT pursuant to\nGovernment Code Section 54957\nTitle: City Manager

1.\nCertificate of Recognition presented by Councilmember Bacerra to the Santa\nAna College Football Team for Exceptional Athletic Accomplishment

10.\nAward a Construction Contract to Baker Electric & Renewables LLC in the\nAmount of $691,335 for the Traffic Signal Installation at Chestnut Avenue and\nZoo Lane (formerly Elk Lane) with an Estimated Project Delivery Cost of\n$864,168 (Project No. 23-6999) (Non-General Fund)\nDepartment(s): Public Works Agency\nRecommended Action: 1. Approve an amendment to the Fiscal Year 2023-\n24 Capital Improvement Program to include $864,168 of funding in\nTransportation System Impact Authority (TSIA) Area A and Capital Outlay\nFund Parks Improvement funds for the Traffic Signal Installation at Chestnut\nAvenue and Zoo Lane (formerly Elk Lane).\n2. Approve an appropriation adjustment to recognize Transportation System\nImpact Authority Area A funds in an amount of $839,168 in the Prior Year\nCarry Forward revenue account, and appropriate the same amount to the\nTransportation System Impact Authority Area A, Improvements Other than\nBuildings expenditure account. (Requires five affirmative votes)\n3. Authorize budget reallocation of $25,000 in unspent Capital Outlay Fund\nParks Improvement account from the Maintenance & Repair Buildings &\nGround (No. 24-2600) Project to construction funds for the Traffic Signal\nInstallation at Chestnut Avenue and Zoo Lane (formerly Elk Lane) (No. 23-\n6999) to complete the project funding requirement\n4. Award a construction contract to Baker Electric & Renewables LLC., the\nlowest responsive bidder, in accordance with the base bid in the amount of\n$691,335, subject to change orders (not to exceed 25% of the base bid\namount) in accordance with the Greenbook: Standard Specifications for\nPublic Works Construction, for construction of new Traffic Signal Installation at\nChestnut Avenue and Zoo Lane (formerly Elk Lane) Project, for the term\nbeginning December 19, 2023 and ending upon project completion.\n5. Approve the Project Cost Analysis for a total estimated construction delivery\ncost of $864,168, which includes $691,335 for the construction contract,\n$103,700 for contract administration, inspection, and testing; and a $69,133\nproject contingency for unanticipated or unforeseen work.\n6. Determine that, pursuant to the California Environmental Quality Act, the\nrecommended actions are exempt from further review. Categorical Exemption\nEnvironmental Review No. ER-2020-96 was filed for the project 23-6999.

11.\nCooperative Agreement with the Orange County Transportation Authority for\nthe Operations and Maintenance of the OC Streetcar System (Non-General\nFund)\nDepartment(s): Public Works Agency\nRecommended Action: Authorize the City Manager to execute a cooperative\nagreement with the Orange County Transportation Authority (OCTA) for the\nOperations and Maintenance of the OC Streetcar System for a term beginning\non the effective date of this agreement for a period of 50 years, with an\noptional 20-year extension at the discretion of OCTA (Agreement No. A-2024-\nXXX).

12.\nApprove an Agreement with Professional Sports Field Maintenance, Inc. for\nInfield Maintenance Services at City Parks and Facilities in an Amount Not-to-\nExceed $2,759,035 (RFP No.23-152) (General Fund)\nDepartment(s): Public Works Agency\nRecommended Action: Authorize the City Manager to execute an agreement\nwith Professional Sports Fields Maintenance, Inc., for infield maintenance\nservices in an annual amount not-to-exceed $459,839, plus an annual\ncontingency of $91,968, for a total amount not-to-exceed $2,759,035, for a\nthree-year term beginning on February 1, 2024 and expiring January 31, 2027\nwith provisions for two, one-year extensions (Agreement No. A-2024-XXX).

13.\nApprove an Agreement with RPW Services, Inc. for Integrated Pest\nManagement (IPM) and Pest Control Services at City Parks and Facilities in\nan Amount Not to Exceed $3,966,300 (RFP No. 23-153) (General Fund)\nDepartment(s): Public Works Agency\nRecommended Action: Authorize the City Manager to execute an agreement\nwith RPW Services, Inc. for integrated pest management and pest control\nservices in an annual amount not-to-exceed $661,050, plus an annual\ncontingency of $132,210, for a total amount not-to-exceed $3,966,300 for a\nthree-year term beginning on February 1, 2024 and expiring January 31, 2027\nwith provisions for two, one-year extensions (Agreement No. A-2024-XXX).

14.\nApprove a Takeover Agreement with Great American Insurance Group to Take\nOver the Santa Ana Zoo Giant River Otter and Primate Trails Project and\nApprove an Amendment to the Agreement with CLR Design to Increase the\nConstruction Administration Services Amount by $75,000 for a New Estimated\nTotal Services Cost of $193,000 (Project No. 16-2658) (Non-General Fund)\nDepartment(s): Public Works Agency\nRecommended Action: 1. Authorize the City Manager to execute a takeover\nagreement with Great American Insurance Group subject to change orders\n(not to exceed 25% of the base bid amount) in accordance with the\nGreenbook: Standard Specifications for Public Works construction, to take\nover the Santa Ana Zoo Giant River Otter and Primate Trails Project and be\nresponsible for the completion of all work in accordance with the contract\n(Agreement No. A-2024-XXX).\n2. Authorize the City Manager to execute a first amendment to the agreement\nwith CLR Design Inc. for construction support services for the Santa Ana Zoo\nGiant River Otter and Primate Trails Project, to increase the amount by\n$75,000, for a total agreement amount of $193,000 (Agreement No. A-2024-\nXXX).

15.\nApprove Aggregate Agreements with DMS Facility Services, Landscape West\nManagement Services, Inc., Mariposa Landscapes, Inc., and PCA Arborists &\nConsultants, Inc. dba Pacific Coast Horticulturists for Landscape Maintenance\nat City Parks and Facilities in an Aggregate Amount Not-to-Exceed\n$35,737,920 (RFP No. 23-151) (General Fund and Non-General Fund)\nDepartment(s): Public Works Agency\nRecommended Action: Authorize the City Manager to execute aggregate\nagreements to DMS Facility Services, Landscape West Management\nServices, Mariposa Landscapes, Inc., and Pacific Coast Horticulturists for\nlandscape maintenance services in an annual aggregate amount not-to-\nexceed $5,228,321, plus an annual contingency of $1,919,264, for a total\naggregate amount not-to-exceed $35,737,920 for a three year term beginning\nFebruary 1, 2024, and expiring January 31, 2027, with provisions for two, one-\nyear extensions (Agreement No. A-2024-XXX).

16.\nFirst Amendment to the Density Bonus Housing Agreement for Legacy Square\nDepartment(s): Community Development Agency\nRecommended Action: Approve a First Amendment to the Density Bonus\nHousing Agreement with National Community Renaissance of California and\nLegacy Square, L.P. for the permanent loan conversion of Legacy Square\n(Agreement No. A-2024-XXX).

17.\nApprove a First Amendment to the Fiscal Year 2023-24 Emergency Solutions\nGrant (ESG) Memorandum of Understanding with the Santa Ana Police\nDepartment HEART Program for Additional Street Outreach and ESG\nSubrecipient Agreement with Interval House to Provide Emergency Shelter\nand Supportive Services to Victims of Domestic Violence from the City of\nSanta Ana\nDepartment(s): Community Development Agency\nRecommended Action:\n1. Authorize the City Manager to execute a First Amendment to the Santa\nAna Police Department Homeless Evaluation Assessment Response Team\n(HEART) Program Memorandum of Understanding (MOU) to increase the\namount of the agreement by $32,394.61 for program year July 1, 2023 -\nJune 30, 2024 for additional street outreach activities (Agreement No. A-\n2024-XXX).\n2. Authorize the City Manager to execute a First Amendment to the Interval\nHouse Subrecipient Agreement to increase the amount of the agreement\nby $32,393.00 for program year July 1, 2023 - June 30, 2024 to provide\nemergency shelter and supportive services to victims of domestic violence\nfrom the City of Santa Ana (Agreement No. A-2024-XXX).

18.\nApprove an Agreement with Occupational Health Centers of California, a\nMedical Corporation dba Concentra Medical Centers (“Concentra”) to Provide\nPre-Employment Medical Services\nDepartment(s): Human Resources\nRecommended Action: Authorize the City Manager to execute an agreement\nwith Concentra to provide a comprehensive medical services review program\nin an amount not to exceed $450,000 for a three-year term from January 31,\n2024 through January 30, 2027, with the option for the City to grant up to two\n1-year renewals of $150,000 each additional year, in an amount not to exceed\n$750,000 over a five-year term (Agreement No. A-2024-XXX).

19.\nSecond Amendment to Agreement with A1 Party Rental for Event Equipment\nRental Services at City Events to Increase the Annual Amount by $45,000 per\nYear through March 31, 2025, for a Total Increase of $90,000 and New\nAgreement Total of $540,000 (General Fund)\nDepartment(s): Parks, Recreation, and Community Services\nRecommended Action: Authorize the City Manager to execute an\namendment to an agreement with A1 Party Rental for event equipment rental\nservices at City events to increase the annual amount by $45,000 per year\nthrough March 31, 2025, for a total increase of $90,000 and new agreement\ntotal of $540,000 (Agreement No. A-2024-XXX).

2.\nCertificates of Recognition presented by Councilmember Hernandez to the\nSauvecito Foundation and the Midnite Cruisers for Outstanding Contributions\nto the Communit

20.\nSecond Amendment to Agreement with California Barricade Rentals, Inc. for\nTraffic Control Equipment and Services at City Events to Increase the Total\nAgreement Not To Exceed Amount by $185,000 through March 31, 2025, for a\nNew Total Not to Exceed Amount of $400,000 (General Fund)\nDepartment(s): Parks, Recreation, and Community Services\nRecommended Action: Authorize the City Manager to execute a second\namendment to the agreement with California Barricade Rentals, Inc. for traffic\ncontrol equipment and services at City events to increase the total agreement\nnot to exceed amount by $185,000 through March 31, 2025 for a new total\nnot-to-exceed amount of $400,000 (Agreement No. A-2024-XXX).

21.\nSecond Amendment to the Agreement with Matchpoint Tennis Academy LLC\n(“Matchpoint) for the Management, Operation, and Maintenance of the\nCabrillo Tennis Center\nDepartment(s): Parks, Recreation, and Community Services\nRecommended Action: Authorize the City Manager to execute the second\namendment to the agreement with Matchpoint Tennis Academy LLC to adjust\nthe terms and conditions of Section 4 in the agreement and reduce the term\nfrom 15 years to 10 years with an expiration date of December 31, 2029 with\nthe option for a one 5-year extension (Agreement No. A-2024-XXX).

22.\nHistoric Property Preservation Agreements\nDepartment(s): Planning and Building Agency\nRecommended Action:\n1. Authorize the City Manager or designee to execute the attached Mills Act\nagreements with the below-referenced property owners for the identified\nstructure(s).\nProperty Owner(s)\nHistoric Property/Preservation Agreement No.\nAddress/House\nVote by HRC\nCharles William Lake and Julie S. Lake, as Trustees of the Charles\nWilliam Lake and Julie S. Lake 2002 Family Trust Dated September 20,\n2002\n2023-10\n2028 N. Greenleaf Street\n5:0:0:3 (Commissioners Hardy, Cornelious, and Escamilla absent)\nDaniel and Robbyn Taylor\n2023-11\n1607 N. Freeman Street\n5:0:0:3 (Commissioners Hardy, Cornelious, and Escamilla absent)\n2. Determine that, in accordance with the California Environmental Quality\nAct, the proposed projects are exempt for further review as Categorical\nExemptions ER No. 2023-105 and 2023-107 will be filed for the projects.

23.\nApprove a First Amendment to Agreement with Data Ticket, Inc. (General\nFund)\nDepartment(s): Police Department\nRecommended Action: Authorize the City Manager to execute the first\namendment to the agreement with Data Ticket, Inc. for automated parking\ncitation and processing services for an additional amount of $730,351.69, for\na total aggregate amount not to exceed $2,000,000 for the remaining term of\nthe agreement expiring February 14, 2025 (Agreement No. A-2024-XXX).

24.\nAgreements with Enterprise Fleet Management for Leased Vehicles (General\nFund)\nDepartment(s): Police Department\nRecommended Action: Authorize the City Manager to execute the following\nseven agreements with Enterprise FM Trust and Enterprise Fleet Mangement,\nInc. for leased vehicles for the period of January 1, 2024 through April 18,\n2026 for a total annual amount not to exceed $612,936, with a one-year\nextension option:\n1. Master Walkaway Lease Agreement (Agreement No. A- 2024-XXX);\n2. Master Equity Lease Agreement (Agreement No. A- 2024-XXX);\n3. Maintenance Management and Fleet Rental Agreement (Agreement\nNo. A- 2024-XXX);\n4. Supplemental Agreement between City and Enterprise (Agreement No.\nA- 2024-XXX);\n5. Indemnity Agreement for Master Walkaway Lease Agreement\n(Agreement No. A- 2024-XXX);\n6. Indemnity Agreement for Master Equity Lease Agreement (Agreement\nNo. A- 2024-XXX);\n7. Amendment to Maintenance Management and Fleet Rental Agreement\n(Agreement No. A- 2024-XXX).

25.\nElection of Mayor Pro Tem for 2024\nDepartment(s): City Clerk’s Office\nRecommended Action: Nominate and elect one Councilmember to serve as\nMayor Pro Tem for calendar year 2024.

26.\nAmendment Application No. 2023-04 and Zoning Ordinance Amendment No.\n2023-03 for the expansion of Vista Heritage Charter School located at 601\nNorth Fairview Street\nPublished in the Orange County Reporter on January 5, 2024 and notices\nmailed on January 4, 2023.\nDepartment(s): Planning and Building Agency\nRecommended Action: 1. Approve first reading of an ordinance approving\nAmendment Application (Zone Change) No. 2023-04.\nORDINANCE NO. NS-XXXX entitled AN ORDINANCE OF THE CITY\nCOUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT\nAPPLICATION NO. 2023-04 AMENDING THE ZONING FOR THE\n04) FROM LIGHT INDUSTRIAL (M1) TO SPECIFIC DEVELOPMENT NO. 82\n(SD-82)\n2. Adopt first reading of an ordinance approving Zoning Ordinance\nAmendment (ZOA) No. 2023-03 as conditioned.\nORDINANCE NO. NS-XXXX entitled ZONING ORDINANCE AMENDMENT\nNO. 2023-03 – AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF\nSANTA ANA AMENDING SPECIFIC DEVELOPMENT NO. 82 (SD-82) TO\nEXPAND THE BOUNDARIES OF THE SD-82 AND TO AMEND VARIOUS\nSECTIONS OF THE SD-82 TO ALLOW FOR THE CREATION OF THREE (3)\nLAND USE ZONES, NEW PERMITTED USES AND ANCILLARY USES, AND\nADMINISTRATIVE REQUIREMENTS FOR PROPERTY MAINTENANCE,\nCOVENANTS, CONDITIONS AND RESTRICTIONS (CC&RS) AND\nRECIPROCAL PARKING AND ACCESS AGREEMENTS\n3. Determine that, pursuant to the California Environmental Quality Act\n(CEQA) and the CEQA Guidelines, the project is exempt from further review\nper Section 15301 Existing Facilities (Class 1 – Existing Facilities) of the\nCEQA Guidelines and per Section 15183 (Projects Consistent with a\nCommunity Plan, General Plan, or Zoning) of the CEQA Guidelines.

27.\nOrdinance Amendment No. 2023-04 Amending Article II.II of Chapter 2\n(Sunshine Ordinance) of the Santa Ana Municipal Code (SAMC) Addressing\nApplicability of Ordinance to Specific Development Amendments; Ordinance\nAmendment No. 2023-05 to Update Chapter 14 (Fire Protection and\nPrevention and Emergency Services) of the SAMC Addressing Eligibility for\nPermits for the Sale of Safe and Sane Fireworks; and Zoning Ordinance\nAmendment No. 2023-04 to Update Chapter 41 (Zoning) of the SAMC\nAddressing Wireless Communication Facilities, Billboards, Hotels, General\nRestrictions, and Definitions.\nPublished in the Orange County Reporter on January 5, 2024.\nDepartment(s): Planning and Building Agency\nRecommended Action: 1. Approve first reading of an ordinance amending\nArticle II.II of Chapter 2 (Sunshine Ordinance) of the SAMC addressing\napplicability of ordinance to specific development amendments.\nORDINANCE NO. NS-XXXX entitled ORDINANCE AMENDMENT NO. 2023-\n24 – AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA\nANA AMENDING CHAPTER 2 (ADMINISTRATION) OF THE SANTA ANA\nMUNICIPAL CODE RELATING TO PUBLIC INPUT THROUGH COMMUNITY\nMEETINGS\n2. Approve first reading of an ordinance amending Chapter 14 (Fire Protection\nand Prevention and Emergency Services) addressing eligibility for permits for\nthe sale of safe and sane fireworks.\nORDINANCE NO. NS-XXXX entitled ORDINANCE AMENDMENT NO. 2023-\n05 – AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA\nANA AMENDING PORTIONS OF CHAPTER 14 (FIRE PROTECTION AND\nPREVENTION AND EMERGENCY SERVICES) OF THE SANTA ANA\nMUNICIPAL CODE RELATING TO SAFE AND SANE FIREWORKS\n3. Approve first reading of a zoning ordinance amending Chapter 41 (Zoning)\nof the SAMC addressing wireless communication facilities, billboards, hotels,\ngeneral restrictions, and definitions.\nORDINANCE NO. NS-XXXX entitled ZONING ORDINANCE AMENDMENT\nNO. 2023-04 – AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF\nSANTA ANA AMENDING PORTIONS OF CHAPTER 41 (ZONING) OF THE\nSANTA ANA MUNICIPAL CODE RELATING TO GENERAL RESTRICTIONS,\nWIRELESS COMMUNICATION FACILITIES, BILLBOARDS,\nHOTELS/MOTELS, FULL SERVICE HOTELS, AND DEFINITIONS\n4. Determine that, pursuant to the California Environmental Quality Act\n(“CEQA”) and the CEQA Guidelines, the adoption of these Ordinances is\nexempt from CEQA review pursuant to sections 15060(c)(2) and 15060(c)(3)\nof the CEQA Guidelines because it will not result in a direct or reasonably\nforeseeable indirect physical change in the environment, as there is no\npossibility it will have a significant effect on the environment and it is not a\n"project," as defined in Section 15378 of the CEQA Guidelines. As a result,\nEnvironmental Review Nos. 2023-115, 2023-125, and 2023-126 will be filed\nupon adoption of these ordinances.\nCITY MANAGER COMMENTS

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

4.\nMinutes from the Regular Meeting of July 18, 2023\nDepartment(s): City Clerk’s Office\nRecommended Action: Approve minutes.

5.\nAppointments to the Santa Ana Workforce Development Board\nDepartment(s): Community Development Agency\nRecommended Action: Appoint Natasha Milatovich (replacing Bridget\nKavanaugh) for a partial four-year term expiring May 31, 2024 and Mat Garcia\n(replacing Andy Wadhera) for a partial four-year term expiring May 31, 2026 to\nthe Santa Ana Workforce Development Board.

6.\nReceive and File: Fiscal Year 2022-23 Annual Comprehensive Financial\nReport, Related Audit Reports, and Measure X Agreed-Upon-Procedures\nReport\nDepartment(s): Finance and Management Services\nRecommended Action: Receive and file the following audited and separately\nissued reports for the Fiscal Year Ended June 30, 2023:\n1. The Auditor’s unmodified “clean” opinion letter for the fiscal year 2022-\n23 Audited Financial Statements included in the Annual\nComprehensive Financial Report (ACFR)\n2. Government Auditing Standards (GAS) Letter\n3. Governance Letter\n4. Air Quality Management District (AQMD) Audited Financial Statements\n5. The Auditor’s report on the Appropriations Limit (GANN Limit)\n6. The Auditor’s report on compliance with the Statement of Investment\nPolicy

7. Measure X Agreed-Upon-Procedures Report\nReceive and File the Certification of Approval by City Engineer of Final Tract\nMap 2019-02, County Tract Map No. 19064 For 301 and 305 North Mountain\nView Street (Applicant: Olympia Capital Corporation) (No Fiscal Impact)\nDepartment(s): Public Works Agency\nRecommended Action: Receive and file the certification of approval by City\nEngineer of the Final Tract Map 2019-02.

8.\nAward a Purchase Order Contract to Los Angeles Truck Centers for One\nRizon e18L EV Truck, in an Amount Not-to-Exceed $237,588 (Bid No. 23-190)\n(Non-General Fund)\nDepartment(s): Public Works Agency\nRecommended Action:\n1. Approve an appropriation adjustment recognizing $237,588 in prior-year\nfund balance in the Air Quality Improvement (AB 2766) Fund, Prior Year\nCarry Forward revenue account and appropriate the same amount into the\nFleet Services-Air Quality Improvement expenditure account. (Requires five\naffirmative votes)\n2. Authorize a one-time purchase and payment of a Purchase Order to Los\nAngeles Truck Centers for one 2023 Rizon e18L EV Truck, in an amount\nnot to exceed $237,588, including a $20,000 contingency amount.

9.\nApprove an Appropriation Adjustment and Increase the Agreement Amount by\n$100,000 for Existing Agreements with AimTD, LLC and Transportation\nStudies, Inc. for a New Aggregate Amount Not to Exceed $240,000 (Project\nNos. 21-6897, 22-6897, 23-6897, 24-6897) (Non-General Fund)\nDepartment(s): Public Works Agency\nRecommended Action: Authorize the City Manager to execute second\namendments to agreements for traffic counting services with AimTD, LLC and\nTransportation Studies, Inc., to increase the agreement aggregate amount by\nan additional $100,000, for a total agreement aggregate amount of $240,000\nfrom June 30, 2024 to June 30, 2025 (Agreement No. A-2024-XXX).