Santa Ana — 2024-10-15

1. CONFERENCE WITH LEGAL COUNSEL – SIGNIFICANT EXPOSURE TO\nLITIGATION pursuant to Section 54956.9(d)(2) or (3) of the Government Code: Two (2)\nmatters.\n1. Government Tort Claim: Jacob Smith

2. Government Tort Claim: Pierce Peiffer\n2. CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Government\nCode Section 54958.8:\nAgency Negotiator: Michael Garcia, Executive Director Community Development\nAgency\nNegotiating Parties: CEO Ronnie Sandoval, Civic Center Barrio Housing Corporation\nUnder Negotiation: Price and terms related to the possible disposition/acquisition of\nreal property interest.\nAddress of Properties:\n1. 600 West Third Street – Units A­110, A­115, A­120, A­215, A­307, B­107, B­112, B­\n205, B­303, C­305\n2. 601 West Third Street – Units F­102,\n3 621 West Third Street – Unit D­104\n4 700 West Third Street – Units A­110, A­113, A­204, A­304, A­305, A­322, B­102, B­\n108, B­204, B­217, C­102, C­103, C­105\nreal property interest.\nAddress of Properties:\n1. 600 West Third Street – Units A­110, A­115, A­120, A­215, A­307, B­107, B­112, B­\n205, B­303, C­305\n2 601 West Third Street – Units F­102, F­205\n3 621 West Third Street – Unit D­104\n4 700 West Third Street – Units A­110, A­113, A­204, A­304, A­305, A­322, B­102, B­\n108, B­204, B­217, C­102, C­103, C­105\n5 701 West Third Street – Units D­101, D­201, E­101, E­105

3. PUBLIC EMPLOYEE APPOINTMENT pursuant to Government Code Section\n54957(b)(1)\nTitle: Independent Oversight Director to the Santa Ana Police Oversight Commission

4. PUBLIC EMPLOYEE PERFORMANCE EVALUATION pursuant to Government Code\nSection 54957(b)(1):\nTITLE: City Clerk

5. CONFERENCE WITH LABOR NEGOTIATOR pursuant to California Government Code\nSection 54957.6(a)\nAgency Designated Representative: Lori Schnaider, Executive Director of Human\nResources\nUnrepresented Employee: City Clerk

1. Proclamation presented by Mayor Amezcuavto Human Options declaring October 2024\nas Domestic Violence Awareness Month

10. Prioritization of Park Projects\nDepartment(s): Finance and Management Services\nRecommended Action: Receive and file, or provide staff with alternate direction.

11. Award a Construction Contract to AMG & Associates, Inc. for the Memorial Park\nAquatics Center Project (No. 22­1415) ( Non­General Fund) (Revive Santa Ana\nProgram)\nDepartment(s): Public Works Agency\nRecommended Action: 1. Approve an appropriation adjustment to recognize\n$165,000 of accumulated Capital Outlay Fund account balance that will be\nappropriated for spending in the Capital Outlay Fund, Park Improvements, Building &\nBuilding Improvements expenditure account (05113263­66200). (Requires five\naffirmative votes)\n2. Approve an appropriation adjustment recognizing $50,000 in the Capital Outlay\nFund (Cell Tower) revenue account and appropriate the same amount into the Capital\nOutlay Fund, Park Improvements, Buildings & Building Improvements expenditure\naccount (05113263­66200). (Requires five affirmative votes)\n3. Approve an appropriation adjustment reallocating $1,194,500 in general fund from\nPRSCA Service Enhancement, Building and Building Improvements to Public Works\nRoad Maintenance, Improvements Other than Buildings. This request is a\nhousecleaning matter to expedite the Delhi channel fencing and resolve security and\nsafety concerns. (Requires five affirmative votes)\n4. Authorize a budget reallocation of $3,927,265 in unspent funds from various other\nprojects (detailed in the Discussion Section) to construction funds for the Memorial\nPark Aquatics Center Project (No. 22­1415).\n5. Approve an amendment to the Fiscal Year 2024­2025 Capital Improvement\nProgram to include an additional $19,897,209 in construction funds for the Memorial\nPark and Aquatics Renovation Project (No. 22­1415).\n6. Approve the Project Cost Analysis for a total estimated construction delivery cost of\n$29,339,203, which includes $26,326,548 for the construction contract; $380,000 for\ncontract administration, inspection, and testing; and a $2,632,655 project contingency\nfor unanticipated or unforeseen work due to the complexity and extensive scope of this\nproject.\n7. Award a construction contract to AMG & Associates, Inc., the lowest responsible\nbidder, in accordance with the base bid in the amount of $26,326,548, subject to\nchange orders, for construction of the Memorial Park Aquatics Center Project (No. 22­\n1415), for a term beginning October 15, 2024 and ending upon project completion,\nand authorize the City Manager to execute the contract.\n8. Determine that pursuant to the California Environmental Quality Act the\nrecommended actions are exempt from further review. Categorical Exemption\nEnvironmental Review No. ER­2024­83 was filled for Project No. 22­1415.

12. Construction Contract for the Construction of a Cul de Sac, Bioswale, and Crosswalk\nAdjacent to Future Park on 10th Street and Flower Street (No. 22­1342) ( Non­\nGeneral Fund) (Revive Santa Ana)\nDepartment(s): Public Works Agency\nRecommended Action: 1. Approve an amendment to the Fiscal Year 2024­2025\nCapital Improvement Program to include an additional $1,845,898 in construction\nfunds for the 10th Street & Flower Street Improvements Project (No. 22­1342).\n2. Approve the Project Cost Analysis for a total estimated construction delivery cost of\n$1,845,898, which includes $1,476,719 for the construction contract; $221,507 for\ncontract administration, inspection, and testing; and a $147,672 project contingency\nfor unanticipated or unforeseen work due to the complexity and extensive scope of\nthis project.\n3. Award a construction contract to Vido Samarzich, Inc., the lowest responsible\nbidder, in accordance with the base bid in the amount of $1,476,719, subject to\nchange orders, for construction of the 10th Street & Flower Street Improvements\nProject (No. 22­1342), for a term beginning October 15, 2024 and ending upon\nproject completion, and authorize the City Manager to execute the contract.\n4. Approve adoption of a Mitigated Negative Declaration for the 10th & Flower Street\nfor unanticipated or unforeseen work due to the complexity and extensive scope of\nthis project.\n3. Award a construction contract to Vido Samarzich, Inc., the lowest responsible\nbidder, in accordance with the base bid in the amount of $1,476,719, subject to\nchange orders, for construction of the 10th Street & Flower Street Improvements\nProject (No. 22­1342), for a term beginning October 15, 2024 and ending upon\nproject completion, and authorize the City Manager to execute the contract.\n4. Approve adoption of a Mitigated Negative Declaration for the 10th & Flower Street\nImprovements and future 10th & Flower Park, pursuant to the California Environmental\nQuality Act. Mitigation measures identified in the Mitigated Negative Declaration and\nMitigation Monitoring and Reporting Program prepared for the project will be made\npart of the Construction Contract.

13. Appropriation Adjustment Recognizing Measure M2 Grant Funding; Amend the Fiscal\nYear 2024­25 Capital Improvement Program for the Kraemer Boulevard, Glassell\nStreet, Grand Avenue Corridor Regional Traffic Signal Synchronization Project\n(Project No. 25­6705)\nDepartment(s): Public Works Agency\nRecommended Action: 1. Approve an appropriation adjustment recognizing\nMeasure M2 grant funding in the amount of $4,568,526 into the Public Works\nMeasure M2 Competitive revenue account and appropriate the same amount into the\nMeasure M2 Competitive Street, Improvements Other Than Building expenditure\naccount for future year expenditures. (Requires five affirmative votes)\n2. Approve an amendment to the Fiscal Year 2024­25 Capital Improvement Program\nto include Measure M2 grant funding in the amount of $4,568,526 for the Kraemer\nBoulevard, Glassell Street, Grand Avenue Corridor Regional Traffic Signal\nSynchronization Project (Project No. 25­6705).

14. Aggregate Purchase Order Contracts to Core & Main LP and Ferguson Enterprises,\nLLC dba Ferguson WW for Fire Hydrants and Hydrant Parts (Specification No. 24­\n063) (Non­General Fund)\nDepartment(s): Public Works Agency\nRecommended Action: Award aggregate purchase order contracts to the vendors\nlisted below for the purchase of fire hydrants and fire hydrant parts on an as­needed\nbasis, in an annual aggregate amount not to exceed $250,000, for an initial one­year\nterm expiring October 14, 2025, with provisions for four, one­year renewal options.\nVendor Location\nCore & Main LP Santa Ana, CA\nFerguson Enterprises, LLC Santa Ana, CA

15. Agreement with Mike Prlich and Sons, Inc., T.E. Roberts, Inc., Big Ben, Inc., and J&L\nConstructors, Inc. for Large Water Services Vault and Meter Apparatus Improvements\n(Non­General Fund)\nDepartment(s): Public Works Agency\nRecommended Action: Authorize the City Manager to execute agreements with

16. Purchase and Sale Agreement and Appropriation Adjustment, in the Same Amount\nfor the Sale of City­owned Real Property, Formerly Portions of 1601 and 1607 North\nBristol Street, to Bristol Center Properties, LLC; Amend Purchase and Sale\nAgreement with Bristol Center Properties to Extend the Deadline to Open A Drive­\nThru Restaurant or Drive­Thru Café at 1601 and 1607 North Bristol Street by 18\nMonths (Non­General Fund)\nDepartment(s): Public Works Agency\nRecommended Action: 1. Approve an appropriation adjustment recognizing\nrevenue in the amount of $2,989 in the Select Street Construction Fund, Sale of Land\nrevenue account for Fiscal Year 2024­25 from the sale of City­owned property\nformerly portions of 1601 and 1607 North Bristol Street and appropriating the same\namount to the OCTA Bristol Street Corridor Improvements, Improvements Other Than\nBuilding expenditure account. Receipt of Measure M Street Construction proceeds in\nthe amount of $6,811 will be disbursed to the Orange County Transportation Authority\n(OCTA). (Requires five affirmative votes)\n2. Approve an amendment to the Fiscal Year 2024­25 Capital Improvement Program\nto include $2,989 of funding into the Bristol Street Improvements Project (No. 11­\n6741).\n3. Authorize the City Manager to execute a purchase and sale agreement with Bristol\nCenter Properties, LLC for the sale of 392 square feet of City­owned property\nformerly portions of 1601 and 1607 North Bristol Street (APN 405­252­21 & 22), in\nthe amount of $9,800 (Agreement No. A­2024­XXX).\n4. Authorize the City Manager to execute the first amendment to the agreement with\nBristol Center Properties to extend the deadline to open for business to the public for\na drive­thru restaurant or drive­thru café at 1601 and 1607 North Bristol Street by 18\nmonths (Agreement No. A­2024­XXX).

17. Cooperative Agreement with Orange County Transportation Authority for the\nMcFadden Avenue Transit Signal Priority Pilot Project (Project No. 25­6030) (Non­\nGeneral Fund)\nDepartment(s): Public Works Agency\nRecommended Action: 1. Approve an appropriation adjustment recognizing\nRegional Early Action Planning 2.0 funding in the amount of $3,690,000 into the\nPublic Services­Street Safety Projects, State Grant­Indirect revenue account and\nappropriate the same amount into the Regional Early Action Planning Grant,\nImprovements Other Than Building expenditure account. (Requires five affirmative\nvotes) Page 11 10/15/2024\n2. Authorize the City Manager to execute a cooperative agreement with Orange\nCounty Transportation Authority in an amount not to exceed $3,690,000, for the\nRecommended Action: 1. Approve an appropriation adjustment recognizing\nRegional Early Action Planning 2.0 funding in the amount of $3,690,000 into the\nPublic Services­Street Safety Projects, State Grant­Indirect revenue account and\nappropriate the same amount into the Regional Early Action Planning Grant,\nImprovements Other Than Building expenditure account. (Requires five affirmative\nvotes)\n2. Authorize the City Manager to execute a cooperative agreement with Orange\nCounty Transportation Authority in an amount not to exceed $3,690,000, for the\ndesign, construction, and evaluation of the McFadden Avenue Transit Signal Priority\nPilot Project, effective upon full approval of the agreement through December 31,\n2026, with the option to be extended (Agreement No. A­2024­XXX).\n3. Approve an amendment to the Fiscal Year 2024­25 Capital Improvement Program\nto include $3,690,000 in design and construction funds for the McFadden Avenue\nTransit Signal Priority Pilot Project (No. 25­6030).

18. Conditional Grant Agreement and Affordable Housing Regulatory Agreement with\nDeclaration of Covenants and Restrictions with Illumination Foundation (Non­General\nFund)\nDepartment(s): Community Development Agency\nRecommended Action: Authorize the City Manager to execute a conditional grant\nagreement and regulatory agreement with Illumination Foundation for $2,021,319 in\nHomeless Housing, Assistance and Prevention Program Round 1, 2, and 3 funds for\nthe development of the Richard Lehn Intergenerational Housing Project located at 918\nBewley Street (APN 198­231­10) (Agreement No. A­2024­XXX).

19. Amendments to the Memorandums of Understanding between the City of Santa Ana\nand the Confidential Association of Santa Ana (CASA), the Santa Ana Management\nAssociation (SAMA), and the Service Employees International Union Local 721\n(SEIU)\nDepartment(s): Human Resources\nRecommended Action: Authorize the City Manager to execute the amendments to\nthe Memorandums of Understanding (MOU) of three labor groups in order to modify\nand delineate specific articles of the MOUs (Agreement Nos. 2024­XXX, 2024­XXX,\nand 2024­XXX).\nSecond Amendment to the Memorandum of Understanding (MOU) between the\nCity of Santa Ana and the Confidential Association of Santa Ana (CASA) for the\nperiod of July 1, 2022 through June 30, 2025\nFirst Amendment to the Memorandum of Understanding (MOU) between the\nCity of Santa Ana and the Santa Ana Management Association (SAMA) for the\nperiod of July 1, 2022 through June 30, 2025\nFirst Amendment to the Memorandum of Understanding (MOU) between the\nCity of Santa Ana and the Service Employees International Union Local 721\n(SEIU) for the period of July 1, 2022 through June 30, 2025

2. Proclamation presented by Mayor Pro Tem Phan to Smedley Chapter One Club\ndeclaring October 2024 as Toastmasters Month in Honor of their Centennial\nAnniversary

20. Amendment to Agreement with Sunny Hills Associates, Inc. for Property Restoration\nServices (Non­General Fund)\nDepartment(s): Human Resources \nRecommended Action: Authorize the City Manager to execute an amendment to the\nagreement with Sunny Hills Associates, Inc. for property restoration services to\nperiod of July 1, 2022 through June 30, 2025\nFirst Amendment to the Memorandum of Understanding (MOU) between the\nCity of Santa Ana and the Service Employees International Union Local 721\n(SEIU) for the period of July 1, 2022 through June 30, 2025\n20. Amendment to Agreement with Sunny Hills Associates, Inc. for Property Restoration\nServices (Non­General Fund)\nDepartment(s): Human Resources\nRecommended Action: Authorize the City Manager to execute an amendment to the\nagreement with Sunny Hills Associates, Inc. for property restoration services to\nincrease the not­to­exceed amount by $50,000, for aggregate compensation up to\n$100,000, under for the term of April 1, 2022 through March 31, 2026 (Agreement No.\nA­2024­XXX).

21. Agreement with Ravenswood Studio, Inc. to Custom Fabricate, Deliver, and Install\nChildren’s Interactive Exhibits for the Main Library Renovation Project (Specification\nNo. 24­107) (Project No. 25­1380) (General Fund)\nDepartment(s): Library\nRecommended Action: Authorize the City Manager to execute an agreement with\nRavenswood Studio, Inc. to provide custom fabrication, delivery, and installation of\nchildren’s interactive exhibits for the Main Library Transformation Project, in the\namount of $852,535, plus a 10% contingency amount of $85,253, for a total amount\nnot to exceed $937,788, for a term expiring December 31, 2026, with a provision for\none 1­year extension (Agreement No. A­2024­XXX).

22. Amendment to the Lease Agreement with Rio Vista West, LLC for the Police\nDepartment’s Westend Substation (General Fund)\nDepartment(s): Police Department\nRecommended Action: Authorize the City Manager to execute an amendment to the\nlease agreement with Rio Vista West, LLC for a leased property for use as the\nWestend Substation, for the period of November 1, 2024 through October 31, 2025,\nin an annual amount of $38,292 (Agreement No. A­2024­XXX).

23. Historic Property Preservation Agreements for the Properties Located at 214­218 W.\n4th Street, 2539 N. French Street, 1113 W. Riviera Street, 2312 N. Spurgeon Street,\nand 1106 S. Parton Street\nDepartment(s): Planning and Building Agency\nRecommended Action: Authorize the City Manager to execute the attached Mills\nAct agreements with the below­referenced property owners for the identified\nstructure(s) (Agreement Nos. A­2024­XXX, A­2024­XXX, A­2024­XXX, A­2024­XXX\nand A­2024­XXX). [Includes determination that the proposed projects are exempt\nfrom further review in accordance with the California Environmental Quality Act as the\nfollowing Categorical Exemptions will be filed: ER No. 2024­67, ER­2024­68, ER­\n2024­69, ER­2024­70, and ER­2024­71]\nTable 1: Mills Act Agreements Approved by the Historic Resources\nCommission (HRC) Historic Property\nProperty Owner(s) Preservation Address/House Vote by HRC\nand A­2024­XXX). [Includes determination that the proposed projects are exempt\nfrom further review in accordance with the California Environmental Quality Act as the\nfollowing Categorical Exemptions will be filed: ER No. 2024­67, ER­2024­68, ER­\n2024­69, ER­2024­70, and ER­2024­71]\nTable 1: Mills Act Agreements Approved by the Historic Resources\nCommission (HRC)\nHistoric Property\nProperty Owner(s) Preservation Address/House Vote by HRC\nAgreement No.\n6:0:0:3\nLiennette Chung,\n214​­218 W. 4th (Commissioners\nWild Orchid 2022­20\nStreet Escamilla, Rincon, and\nInvestments, LLC\nMurashie absent)\n7:0:0:2\nFrançois­Xavier and 2539 N. French (Commissioners\n2024­09\nRoxana Fyad Street Rincon and Murashie\nabsent)\n6:0:0:3\nCharles A. and Molly 1113 W. Riviera (Commissioners\n2024­10\nH. Martin Drive Escamilla, Rincon, and\nMurashie absent)\n7:0:0:2\nCarter and Chelsea 2312 N. (Commissioners\n2024­11\nSapp Spurgeon Street Rincon and Murashie\nabsent)\n6:0:0:3\n1106 S. Parton (Commissioners\nJennifer Schutza 2024­12\nStreet Escamilla, Rincon, and\nMurashie absent)

24. Application to the California State Department of Housing and Community\nDevelopment for the Prohousing Designation Program under the Permanent\nRegulations\nDepartment(s): Planning and Building Agency\nRecommended Action: Adopt a resolution authorizing application to the California\nState Department of Housing and Community Development Prohousing Designation\nProgram.\nRESOLUTION NO. 2024­XXX entitled A RESOLUTION OF THE CITY COUNCIL OF\nTHE CITY OF SANTA ANA AUTHORIZING APPLICATION TO AND PARTICIPATION\nIN THE PROHOUSING DESIGNATION PROGRAM

25. Amendment Application No. 2023­03 and Development Agreement No. 2023­02 for\nRelated Bristol Specific Plan Amendment Application and Development Agreement\nOrdinances (3600 S Bristol Street) (Second Readings)\nFirst reading October 1, 2024 City Council meeting and approved by a vote of (6­0­1,\nPhan abstaining due to recusal).\nDepartment(s): Planning and Building Agency\nRecommended Action:\n1. Conduct a second reading and adopt an ordinance approving Amendment\nOrdinances (3600 S Bristol Street) (Second Readings)\nFirst reading October 1, 2024 City Council meeting and approved by a vote of (6­0­1,\nPhan abstaining due to recusal).\nDepartment(s): Planning and Building Agency\nRecommended Action:\n1. Conduct a second reading and adopt an ordinance approving Amendment\nApplication (AA) No. 2023­03.\nORDINANCE NO. NS­3070 entitled AN ORDINANCE OF THE CITY COUNCIL OF\nTHE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 2023­03\nTO ESTABLISH THE RELATED BRISTOL SPECIFIC PLAN (SP NO. 5) AND TO\nAPPROVE A ZONE CHANGE FOR THE 41­ACRE SITE GENERALLY LOCATED\nAT 3600 BRISTOL STREET FROM GENERAL COMMERCIAL (C2) AND\nCOMMERCIAL RESIDENTIAL (CR) TO RELATED BRISTOL SPECIFIC PLAN (SP\nNO. 5)\n2. Conduct a second reading and adopt an ordinance approving Development\nAgreement No. 2023­02.\nORDINANCE NO. NS­3071 entitled AN ORDINANCE OF THE CITY COUNCIL OF\nTHE CITY OF SANTA ANA APPROVING DEVELOPMENT AGREEMENT NO. 2023­\n02 FOR A MIXED­USE DEVELOPMENT, KNOWN AS THE RELATED BRISTOL\nSPECIFIC PLAN PROJECT, AT 3600 BRISTOL STREET BETWEEN THE CITY OF\nSANTA ANA AND GREENVILLE RANCH LLC, BSG WEST BRISTOL LLC, AND\nMCG BRISTOL WEST LLC\n3. Determine that, pursuant to the California Environmental Quality Act (CEQA), the\nordinances’ second readings are covered by the Final Supplemental Environmental\nImpact Report (SEIR) No. 2022­01 (SCH No. 2020029087), including environmental\nfindings of fact pursuant to the California Environmental Quality Act, the Statement of\nOverriding Considerations, and the Mitigation Monitoring and Reporting Program that\nwere certified and adopted by the City Council on October 1, 2024 for the project\n(Notice of Determination filed on October 2, 2024).

3. Proclamation presented by Councilmember Bacerra declaring October 2024 as\nFilipino American History Month

4. Certificate of Recognition presented by Councilmember Lopez to Vecindario Lacy En\nAccion for their Outstanding Contributions to the Community\nSTAFF PRESENTATIONS

5. Engagement and Enforcement on Union Pacific Railroad Right of Way\nCLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed\nSession.\n– Update on Ethics Code Investigations

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

7. Minutes from the Regular Meeting of September 17, 2024 and the Regular Adjourned\nMeeting of September 17, 2024 held on September 23, 2024\nDepartment(s): City Clerk’s Office\nRecommended Action: Approve minutes.

8. Appoint Vivian Wilhelm Nominated by the Community Development Agency as the\nSenior Tenant Representative to the Community Development Commission for a Full\nTerm Expiring November 14, 2026\nDepartment(s): City Clerk’s Office\nRecommended Action: Appoint Vivian Wilhelm to the Community Development\nCommission as the Senior Tenant Representative and administer the Oath of Office.

9. Agreements with Serviam By Wright, LLP; Nastich Law, a Professional Corporation;\nand Palacios Law Office to Provide Administrative Hearing Officer Services\n(Specification 24­052) (General and Non­General Fund)\nDepartment(s): Finance and Management Services\nRecommended Action: Authorize the City Manager to execute agreements with each\nof the three firms listed below for Administrative Hearing Officer services on an as­\nneeded basis, in a total aggregate amount not to exceed $1,970,000, for an initial\nthree­year term beginning October 15, 2024, with a provision for one, two­year\nextension exercisable by the City Manager and the City Attorney (Core Agreement No.\nA­2024­XXX).\nFirms Location\nServiam By Wright, LLP Irvine, CA\nNastich Law, a Professional Corporation Berkeley, CA\nPalacios Law Office Riverside, CA