Santa Ana — 2024-07-16

1. CONFERENCE WITH LEGAL COUNSEL­EXISTING LITIGATION pursuant to Paragraph (1)\nof subdivision (d) of Section 54956.9 of the Government Code:\nA. Vicente Gonzalez v. City of Santa Ana, Orange County Superior Court, Case No. 30­\n2022­01240688­CU­PO­WJC\nB. Rita Ramirez v. City of Santa Ana, Orange County Superior Court, Case No. 30­2022­\n01287702­CU­OE­NJC\nC. Santa Ana Short Term Rental Alliance v. City of Santa Ana, Orange County Superior\nCourt, Case No. 30­2024­014084861­CU­WM­WJC\nD. In re: National Prescription Opiate Litigation, United States District Court (N.D. Ohio),\nCase No. 1:17­md­2804

2. PUBLIC EMPLOYEE EMPLOYMENT/APPOINTMENT pursuant to Section 54957(b)(1) of\nthe Government Code:\nTitle: City Manager

3. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section\n54957.6(a):\nAgency Designated Representative: Jacob Green, Greg Devereaux

1. Certificate of Recognition presented by Mayor Amezcua to Arturo Alvarez distinguished\nmilitary service and exemplary contributions to the nonprofit organization U.S. Vets, Patriotic\nHall

10. Aggregate Agreements for Court Reporting and Transcription Services with Kennedy Court\nReporters, Inc. and Regal Court Reporting, Inc. in an Aggregate Amount Not to Exceed\n$250,000 (Specification No. 24­034) (General Fund)\nDepartment(s): Human Resources\nRecommended Action: Authorize the City Manager to execute aggregate agreements\nwith Kennedy Court Reporters, Inc. and Regal Court Reporting, Inc. to provide court\nreporting and transcription services for a three­year term beginning July 16, 2024 and\nending July 15, 2027, with provisions for two, one­year extensions, in an amount not to\nexceed $250,000 (Core Agreement No. A­2024­XXX).

11. Agreement with MDG Associates, Inc. for the Preparation of the Fiscal Year 2025­29\nRegional Assessment of Fair Housing and Memorandum of Understanding with\nSurrounding Jurisdictions\nDepartment(s): Community Development Agency\nRecommended Action:\n1. Authorize the City Manager to execute an Agreement with MDG Associates, Inc. to\nprepare the Fiscal Year 2025­29 Regional Assessment of Fair Housing (AFH), whereby\nthe City will act as the lead for the Regional AFH, in an amount not to exceed $159,882\nfor a one­year term beginning August 1, 2024 and expiring July 30, 2025 (Agreement\nNo. A­2024­XXX).\n2. Authorize the City Manager to execute a Memorandum of Understanding and Payment\nAgreement with all of the surrounding jurisdictions in Orange County to jointly engage\nMDG Associates, Inc. to provide a Regional AFH, and authorize the City Attorney to\nreasonably revise or amend the Memorandum of Understanding as needed in order to\ncollect payment, substantially in the form attached hereto, with all of the surrounding\njurisdictions participating in the Regional AFH (Agreement No. A­2024­XXX).

12. Conditional Grant Agreement for $2,200,000 and a Density Bonus Agreement with Habitat\nfor Humanity of Orange County for the Development of Six Affordable Ownership Units\nLocated at 1921 W Washington Avenue, Santa Ana, CA 92706 (Non­General Fund)

13. Receive and File the Notification by the City Engineer of the Final Tract Map No. 2017­04,\nCounty Tract Map No. 17976 at 3025 West Edinger Avenue (Applicant: Haphan Group, Inc.,\na California Corporation)\nDepartment(s): Public Works Agency\nRecommended Action: Receive and file the notification.

14. Construction Contract to Loengreen, Inc. for the Council Chambers ADA Restroom and\nTranslation Booth Remodel Project (Project No. 22­0504) (Non­General Fund)\nDepartment(s): Public Works Agency\nRecommended Action: 1. Approve an appropriation adjustment recognizing $554,472 of\nprior­year fund balance in the CATV Fund, Prior Year Carry Forward revenue account and\nappropriate the same amount to the CATV Fund, Buildings & Building Improvements\nexpenditure account. (Requires five affirmative votes)\n2. Approve an appropriation adjustment recognizing $554,472 of prior­year fund balance in\nthe Liability and Property Insurance Fund,

15. Agreements with Willdan Engineering Inc., TKE Engineering, Inc., Charles Abbott\nAssociates, Inc., Harris & Associates, Inc., and Cannon Corporation for On­Call\nEngineering Plan Check Services\nDepartment(s): Public Works Agency\nRecommended Action: Authorize the City Manager to execute agreements with the firms\nlisted below to provide on­call engineering plan check services for a three­year period\nbeginning July 16, 2024, and expiring June 30, 2027, with a provision for one, two­year\nrenewal option for a total aggregate amount not to exceed $1,500,000 for the term of the\nagreement and for the total annual compensation not to exceed $300,000, including\nrenewal options, exercisable by the City Manager (Core Agreement No. A­2024­XXX).\nFirms Location\nWilldan Engineering, Inc. Anaheim, CA\nTKE Engineering, Inc. Riverside, CA\nCharles Abbott Associates, Inc. Mission Viejo, CA\nHarris & Associates, Inc. Irvine, CA\nCannon Corporation Irvine, CA

16. Appropriation Adjustment and Amendment to the Agreement with Aqua­Metric Sales\nCompany to Add Funds to the Automated Metering Infrastructure Project (Project No. 16­\n6460) (Non­General Fund)\nDepartment(s): Public Works Agency\nRecommended Action:\n1. Approve an appropriation adjustment to recognize $15,000,000 of prior­year fund\nbalance in the Public Works Water Revenue, Prior Year Carryforward and Water Utility\nCapital, Transfer from Fund 060 revenue accounts, and appropriate to the Water –\nInterfund Transfer, Transfer to Fund 066 and Water Utility Capital Projects, Water Capital\nProject expenditure accounts Page 10 five affirmative votes).\n(Requires 7/16/2024\n2. Authorize the City Manager to execute a first amendment with Thirkettle Corporation,\ndba Aqua­Metric Sales Company, to increase the not­to­exceed amount by $6,000,000,\nRecommended Action:\n1. Approve an appropriation adjustment to recognize $15,000,000 of prior­year fund\nbalance in the Public Works Water Revenue, Prior Year Carryforward and Water Utility\nCapital, Transfer from Fund 060 revenue accounts, and appropriate to the Water –\nInterfund Transfer, Transfer to Fund 066 and Water Utility Capital Projects, Water Capital\nProject expenditure accounts (Requires five affirmative votes).\n2. Authorize the City Manager to execute a first amendment with Thirkettle Corporation,\ndba Aqua­Metric Sales Company, to increase the not­to­exceed amount by $6,000,000,\nincluding a contingency of $1,500,000, for a new not­to­exceed amount of $35,683,230\n(Agreement No. A­2024­XXX).\n3. Approve an amendment to the Fiscal Year 2024­2025 Capital Improvement Program to\ninclude $15,000,000 in construction funds for the Automated Metering Infrastructure\nProject (Project No. 16­6460).

17. Additional Contingency Funds in the Amount of $625,000 for an Existing Construction\nContract with EverLevel Holdings, LLC for the First Street Slope Stabilization Project\n(Project No. 22­1341) (Revive Santa Ana Program)\nDepartment(s): Public Works Agency\nRecommended Action: 1. Approve an amendment to the Project Cost Analysis in the\namount of $625,000 in additional contingency funds for a new total estimated construction\ndelivery cost of $6,725,000.\n2. Approve an amendment to the Fiscal Year 2024­25 Capital Improvement Program to\ninclude $625,000 of American Rescue Plan Act (ARPA) funds for the First Street Slope\nStabilization Project (22­1341).

18. Purchase Order to Mike Prlich and Sons, Inc. for Concrete Collar Replacement for Water\nand Sewer Appurtenances (Bid No. 24­021) (Non­General Fund)\nDepartment(s): Public Works Agency\nRecommended Action: Award a blanket order contract to Mike Prlich and Sons, Inc. for\nconcrete collar replacement for water and sewer appurtenances for an annual amount not to\nexceed $600,000, for a three­year term beginning July 1, 2024 and expiring June 30, 2027,\nwith provisions for two 1­year renewal options.

19. Approve a Lease Agreement with PGH Wong Engineering, Inc. for Office Space at the\nSanta Ana Regional Transportation Center\nDepartment(s): Public Works Agency\nRecommended Action: Authorize the City Manager to execute a lease agreement with\nPGH Wong Engineering, Inc. to compensate the City $8,621 per month, with any partial\nmonth prorated at $287 per day, for the lease of approximately 3,284 square feet of office\nspace located at the Santa Ana Regional Transportation Center for a twelve­month term\nbeginning on July 17, 2024, and ending July 16, 2025, with the option of 12 one­month\nextensions, for a total of $207,456 in lease revenue for the entire term of the agreement,\nincluding optional extensions (Agreement No. A­2024­XXX).

2. Proclamation presented by Councilmember Bacerra to the Orange County Goodwill in\nRecognition of their 100th Anniversary\nCLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed\nSession.

20. Approve a Lease Agreement with Walsh Construction Company II, LLC for Office Space at\nthe Santa Ana Regional Transportation

21. Construction Contract to AJ Fistes Corporation in the Amount of $719,100 for the Painting\nand Wrought Iron Restoration (Project No. 24­6060 & 24­6061) (Non­General Fund)\nDepartment(s): Public Works Agency\nRecommended Action: 1. Award a construction contract to AJ Fistes Corporation, the\nlowest responsible bidder, in accordance with the base bid in the amount of $719,100,\nsubject to change orders for Painting and Wrought Iron Restoration for the term beginning\nupon execution of the contract and ending upon project completion, and authorize the City\nManager to execute the contract.\n2. Approve the Project Cost Analysis for a total estimated construction delivery cost of\n$1,197,000, which includes $719,100 for the construction contract, $107,865 for contract\nadministration, inspection, and testing, and a $370,035 project contingency for\nunanticipated or unforeseen work.\n3. Approve an amendment to the FY 2024­25 Capital Improvement Program to include\n$1,197,000 in construction funding approved in FY 2023­24 from the Clean California Local\nGrants Program through the California Department of Transportation.\n4. Determine that, pursuant to the California Environmental Quality Act, the recommended\nactions are exempt from further review. Categorical Exemption Environmental Review No.\nER­2024­43 was filed for projects 24­6060 and 24­6061.

22. Agreement with Blue Technologies Smart Solutions for Access and Support Services for\niManage Data Management Systems\nDepartment(s): City Attorney’s Office\nRecommended Action: Authorize the City Manager to execute a three­year agreement\nwith Blue Technologies Smart Solutions (“BlueTech”) for continued access and support\nservices for the iManage Data Management Systems (“iManage”) for the period of August\n1, 2024 through July 31, 2027 in the amount of $128,529, which includes the annual billing\namount of $36,843 for the iManage System and a contingency amount of $18,000 to pay for\nadditional support/maintenance and training services as directed by the City (Agreement\nNo. A­2024­XXX).

23. Agreement for Tax Revenue Auditing, Analysis, Forecasting, and Reporting Services RFP\n(24­010)

24. Resolution to Effect Certain Changes to the City’s Basic Classification and Compensation\nPlan\nDepartment(s): Human Resources\nRecommended Action: Adopt a resolution to effect certain changes to the City’s basic\nclassification and compensation plan.\nRESOLUTION NO. 2024­XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE\nCITY OF SANTA ANA TO EFFECT CERTAIN CHANGES TO THE CITY’S\nCLASSIFICATION AND COMPENSATION PLAN

25. Adopt Resolution to Summarily Vacate a Portion of Bristol Street ­ Abandonment 23­02 and\nAdopt Resolution Declaring Property as Exempt Surplus\nDepartment(s): Public Works Agency\nRecommended Action: 1. Adopt a resolution to summarily vacate excess Bristol Street\nright­of­way formerly portions of 1601 and 1607 North Bristol Street; Abandonment 23­02.\nRESOLUTION NO. 2024­XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE\nCITY OF SANTA ANA SUMMARILY VACATING A PORTION OF A PUBLIC RIGHT­OF­WAY\nADJACENT TO 1601 AND 1607 NORTH BRISTOL STREET (ABANDONMENT NO. 2023­\n02) [includes determination that the vacation of the Vacation Area is exempt from\nenvironmental review under the California Environmental Quality Act (CEQA) pursuant to\nsection 15378 of the State CEQA Guidelines because it can be seen with certainty that\nthere is no possibility that it will have a significant impact of the environment.]\n2. Adopt a resolution declaring City­owned property as exempt surplus land and directing\nthe City Manager or designee to comply with the requirements of Government Code\n§54220 et seq. for the sale and transfer of ownership accordingly.\nPageA13\nRESOLUTION NO. 2024­XXX entitled 7/16/2024\nRESOLUTION OF THE CITY COUNCIL OF THE\nCITY OF SANTA ANA DECLARING PROPERTY NEAR 1601 AND 1607 NORTH BRISTOL\nAS EXEMPT SURPLUS LAND AND DIRECTING THE CITY MANAGER TO FOLLOW\nTHE PROCEDURES SET FORTH IN THE SURPLUS LAND ACT, CALIFORNIA\nthere is no possibility that it will have a significant impact of the environment.]\n2. Adopt a resolution declaring City­owned property as exempt surplus land and directing\nthe City Manager or designee to comply with the requirements of Government Code\n§54220 et seq. for the sale and transfer of ownership accordingly.\nRESOLUTION NO. 2024­XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE\nCITY OF SANTA ANA DECLARING PROPERTY NEAR 1601 AND 1607 NORTH BRISTOL\nAS EXEMPT SURPLUS LAND AND DIRECTING THE CITY MANAGER TO FOLLOW\nTHE PROCEDURES SET FORTH IN THE SURPLUS LAND ACT, CALIFORNIA\nGOVERNMENT CODE SECTION 54220, ET SEQ., AS AMENDED, FOR THEIR\nDISPOSITION [includes determination that the sale of the property as surplus is exempt\nfrom environmental review under the California Environmental Quality Act (CEQA) pursuant\nto CEQA Guidelines section 15312 (Surplus Government Property Sales)].

26. Consider Whether to Adopt Resolutions Authorizing Arguments, Rebuttal Arguments, and\nImpartial Analysis of Four Ballot Measures on the Ballot for the November 5, 2024 General\nMunicipal Election\nDepartment(s): City Attorney’s Office; City Clerk’s Office\nRecommended Action: 1. Consider whether to approve RESOLUTION NO. 2024­XXX\nentitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA\nAUTHORIZING WRITTEN ARGUMENTS FOR THE BALLOT MEASURE SUBMITTED\nFOR THE NOVEMBER 5, 2024 GENERAL MUNICIPAL ELECTION REGARDING A\nPROPOSED CHARTER AMENDMENT TO AMEND CHARTER SECTIONS 401.5, 611,\n702, 703, 1002 AND 1003 TO DELETE REFERENCES TO OBSOLETE JOB TITLES\nAND OBSOLETE BONDING REQUIREMENTS, SPECIFY THAT ALL DEPARTMENT\nHEADS ARE AT­WILL EMPLOYEES, ADDRESS DEFINITIONS OF FUNDS AND LEVIES\nFOR COMPLIANCE WITH STATE LAW, AUTHORIZE LIMITED PURCHASING\nAUTHORITY FOR THE CITY CLERK AND CITY ATTORNEY AND REQUIRE THE CITY\nCOUNCIL TO ADOPT AN ORDINANCE TO ENFORCE THE ETHICS CODE;\n2. Consider whether to approve RESOLUTION NO. 2024­XXX entitled A RESOLUTION OF\nTHE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING WRITTEN\nARGUMENTS FOR THE BALLOT MEASURE SUBMITTED FOR THE NOVEMBER 5,\n2024 GENERAL MUNICIPAL ELECTION REGARDING A PROPOSED CHARTER\nAMENDMENT TO AMEND CHARTER SECTION 402 TO INDEX COUNCIL\nCOMPENSATION AT A SALARY OF THIRTY­THREE (33%) PERCENT OF THAT OF AN\nORANGE COUNTY SUPERIOR COURT JUDGE;\n3. Consider whether to approve RESOLUTION NO. 2024­XXX entitled A RESOLUTION OF\nTHE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING WRITTEN\nARGUMENTS FOR THE BALLOT MEASURE SUBMITTED FOR THE NOVEMBER 5,\n2024 GENERAL MUNICIPAL ELECTION REGARDING A PROPOSED CHARTER\nAMENDMENT TO AMEND CHARTER SECTION 1203 TO PERMIT NONCITIZEN VOTING\nIN ALL CITY MUNICIPAL ELECTIONS; and\n4. Consider whether to approve RESOLUTION NO. 2024­XXX entitled A RESOLUTION OF\nTHE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING WRITTEN

27. Public Hearing ­ Approve an Amended and Restated Regulatory Agreement for the\nRehabilitation of Garden Court Apartments Located at 300 East Santa Ana Boulevard,\nSanta Ana, CA 92701, Adopt a Resolution Approving the Issuance of Revenue Bonds, and\nConduct a Tax Equity Fiscal Responsibility Act (TEFRA) Hearing\nLegal notice published in the OC Reporter on July 9, 2024.\nDepartment(s): Community Development Agency\nRecommended Action: 1. Authorize the City Manager to execute an amended and\nrestated agreement containing Affordable Housing Covenants with Orange Housing\nDevelopment Corporation for the rehabilitation of Garden Court Apartments located at 300\nEast Santa Ana Boulevard, Santa Ana, CA 92701 (APN 398­323­08) (Contingent upon\napproval of Housing Authority Item # 3) (Agreement No. A­2024­XXX).\n2. Approve the Relocation Plan and authorize the City Manager to approve amendments to\nthe Relocation Plan prior to commencement of the rehabilitation of Garden Court\nApartments, substantially in the draft form attached hereto, subject to changes consistent\nwith the project approved by the City Manager and City Attorney.\n3. Conduct a Tax Equity and Financial Responsibility Act Hearing in consideration of the\nissuance of tax­exempt bond financing by the California Municipal Finance Authority for\nC&C Development Co., LLC, to finance the acquisition, rehabilitation, improvement, and\nequipping of Garden Court Apartments located at 300 East Santa Ana Boulevard, Santa\nAna, CA 92701 (APN 398­323­08).\n4. Adopt a resolution approving the issuance of revenue bonds by the California Municipal\nFinance Authority in an amount not to exceed $55,000,000 for financing the rehabilitation of\nGarden Court Apartments.\nRESOLUTION NO. 2024­XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE\nCITY OF SANTA ANA APPROVING THE ISSUANCE BY THE CALIFORNIA MUNICIPAL\nFINANCE AUTHORITY OF EXEMPT FACILITY BONDS FOR THE GARDEN COURT\nAPARTMENTS\n5. Determine that the approvals and authorizations provided for herein do not constitute a\n"project" within the meaning of California Public Resources Code § 21065 and authorize\nfiling a notice of exemption based on the "common sense" exemption of 14 C.C.R. §\n15061(b)(3) to the extent any activity would be considered a "project" because it can be\nseen with certainty that there is no possibility that the activity in question may have a\nsignificant effect on the environment and the activity is not subject to the California\nEnvironmental Quality Act (CEQA). Page 15 7/16/2024

28. Public Hearing ­ Recovery of Uncollected Costs Incurred by the City Related to the\n5. Determine that the approvals and authorizations provided for herein do not constitute a\n"project" within the meaning of California Public Resources Code § 21065 and authorize\nfiling a notice of exemption based on the "common sense" exemption of 14 C.C.R. §\n15061(b)(3) to the extent any activity would be considered a "project" because it can be\nseen with certainty that there is no possibility that the activity in question may have a\nsignificant effect on the environment and the activity is not subject to the California\nEnvironmental Quality Act (CEQA).\n28. Public Hearing ­ Recovery of Uncollected Costs Incurred by the City Related to the\nAbatement of Dangerous and Abandoned Buildings\nLegal notice published in OC Reporter on July 3, 2024 and property owner notification\nletters mailed on same date.\nDepartment(s): Planning and Building Agency\nRecommended Action: 1. Adopt a resolution affirming the Fiscal Year 2023­2024\nDangerous and Abandoned Building Program Report and authorize the transmittal of\nuncollected charges incurred by the City related to the abatement of dangerous and\nabandoned buildings to the office of Auditor­Controller, County of Orange.\nRESOLUTION NO. 2024­XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE\nCITY OF SANTA ANA CONFIRMING THE COSTS OF SECURING AND/OR DEMOLITION\nOF VARIOUS STRUCTURES DECLARED TO BE PUBLIC NUISANCES; MAKING,\nCONFIRMING AND LEVYING ASSESSMENTS FOR SUCH COSTS; AND ORDERING\nSUCH COSTS TO BE RECORDED WITH THE ORANGE COUNTY RECORDER’S\nOFFICE\n2. Determine that the proposed action does not constitute a “project” under the California\nEnvironmental Quality Act (CEQA) in accordance with section 15378(a) and (b)(5) as the\nadoption of this resolution authorizes an administrative action and will not result in a direct\nor reasonable foreseeable indirect physical change in the environment and there is no\npossibility it will have a significant effect on the environment. Accordingly, it is exempt from\nfurther CEQA review pursuant to section 15061(b)(3) and (b)(5) of the CEQA guidelines as\namended.\nCITY MANAGER COMMENTS

5. Appoint Joshua Jogwe Nominated by Mayor Pro Tem Phan as the Ward 1 Representative to\nthe Parks and Recreation Commission for a Partial Term Expiring December 10, 2024\nDepartment(s): City Clerk’s Office\nRecommended Action: Appoint Joshua Jogwe to the Parks and Recreation Commission\nas the Ward 1 representative and administer Oath of Office. (Pursuant to SAMC Sec. 2­\n326(a), requires five affirmative votes)

6. Appoint Cat Pham Nominated by Mayor Pro Tem Phan as the Ward 1 Representative to the\nYouth Commission for a Partial Term Expiring December 10, 2024\nDepartment(s): City Clerk’s Office\nRecommended Action: Appoint Cat Pham to the Youth Commission as the Ward 1\nrepresentative and administer Oath of Office.

7. Approve Destruction of Obsolete City Records\nDepartment(s): Police Department and Library\nRecommended Action: Approve the request for the destruction of obsolete records from\nthe Police Department, Jail Bureau and the Library in accordance with the retention schedule\noutlined in City Council Resolution 2013­014.

8. Amendment to Agreement with Inland Moving & Storage Co., Inc. dba Burgess Moving &\nStorage for the Main Library and Newhope Library Projects (General Fund)\nDepartment(s): Library\nRecommended Action: Authorize the City Manager to execute an amendment to an\nagreement with Inland Moving & Storage, Co., Inc. dba Burgess Moving & Storage for\nadditional moving and storage services for Main and Newhope Libraries, increasing\ncompensation by $121,389, for a total amount not to exceed $345,313, and extending the\nterm to December 31, 2026, with a provision for a one­year extension (Agreement No. A­\n2024­XXX).

9. Amendments to an Agreement with Java Connections, LLC dba LaptopsAnytime for the\nPurchase and Installation of a New Laptop Dispenser Kiosk at the Future Delhi Library\nBranch, along with Hardware Support and Software Licensing for the Delhi Kiosk and\nExisting Newhope Library Kiosk (General Fund)\nDepartment(s): Library\nRecommended Action: Authorize the City Manager to execute two amendments to an\nagreement with Java Connections, LLC, dba LaptopsAnytime for the purchase and\ninstallation of a laptop dispenser kiosk at the future Delhi Branch Library, hardware support,\nand software licensing through September 30, 2026 for the Delhi and Newhope kiosks,\nincreasing compensation by $48,924.39, for a total not­to­exceed amount of $76,548.25\n(Agreement No. A­2024­XXX and A­2024­XXX).