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Agenda Packet_2024-02-06
City Council and Housing Authority Meeting Packet February 6, 2024 CLOSED SESSION MEETING - 4:30 PM REGULAR OPEN MEETING - 5:30 PM (Immediately following the Closed Session Meeting) CITY COUNCIL CHAMBER 22 Civic Center Plaza Santa Ana, CA 92701 Valerie Amezcua Mayor Thai Viet Phan Mayor Pro Tem — Ward 1 Jessie Lopez Councilmember - Ward 3 Johnathan Ryan Hernandez Councilmember - Ward 5 Benjamin Vazquez Councilmember - Ward 2 Phil Bacerra Councilmember - Ward 4 David Penaloza Councilmember - Ward 6 Mayor and Council telephone: 714-647-6900 Agenda item inquiries: 714-647-6520 Sonia R. Carvalho Tom Hatch Jennifer L. Hall City Attorney Interim City Manager City Clerk In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting, ttcontact Michael Ortiz, City ADA Program Coordinator, at (714) 647-5624. Notification 48 hours prior to the Meeting will enable he City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supporting documentation can be found on the City's website — www.santa-ana.org/agendas-and-minutes. City Council 1 2/6/2024 CITY VISION AND CODE OF ETHICS The City of Santa Ana is committed to achieving a shared vision for the organization and its community. The Vision, Mission and Guiding Principles (Values) are the result of a thoughtful and inclusive process designed to set the City and organization on a course that meets the challenges of today and tomorrow, as follows: Vision - The dynamic center of Orange County which is acclaimed for our: Investment in youth • Safe and healthy community • Neighborhood pride • Thriving economic climate - Enriched and diverse culture • Quality government services Mission - To deliver efficient public services in partnership with our community which ensures public safety, a prosperous economic environment, opportunities for our youth, and a high quality of life for residents. Guiding Principles - Collaboration • Efficiency • Equity • Excellence • Fiscal Responsibility - Innovation • Transparency Code of Ethics and Conduct - At the Special Municipal Election held on February 5, 2008, voters approved an amendment to the City Charter which established the Code of Ethics and Conduct for elected officials and members of appointed boards, commissions, and committees to assure public confidence. The following are the core values expressed: - Integrity • Honesty • Responsibility • Fairness • Accountability • Respect • Efficiency City Council 2 2/6/2024 Members of the public may attend the City Council meeting in -person or join via Zoom. As a courtesy to the public, the City Council meeting will occur live via teleconference Zoom webinar. You may view the meeting from your computer, tablet, or smart phone via YouTube LiveStream at www.youtube.com/user/SantaAnaLibrary or on CTV3, available on Spectrum channel 3. PUBLIC COMMENTS — Members of the public who wish to address the City Council on closed session items, items on the regular agenda, or on matters which are not on the agenda but are within the subject matter jurisdiction of the City Council, may do so by one of the following ways: • MAILING OPTION written communications — Public comments may be mailed to: Office of the City Clerk, 20 Civic Center Plaza M-30, Santa Ana, CA 92701. All written communications received via mail by 4:00 p.m. on the day of the meeting will be distributed to the City Council and imaged into the City's document archive system which is available for public review. • SENDING E-MAIL OPTION — Public comments may be sent via email to the City Clerk's office at eComment@santa-ana.org. Please note the agenda item you are commenting on in the subject line of the email. All emails received two (2) hours before the scheduled start of the meeting will be distributed to the City Council and imaged into the City's document archive system which is available for public review. • LIVE VIRTUAL OPTION — As a courtesy, members of the public may provide live comments during the meeting by Zoom or Conference Call. To join by Zoom click on or type the following address into your web browser https://us02web.zoom.us/j/315965149. To join the Conference Call: Dial (669) 900- 9128 and enter MEETING ID: 315 965 149#. You will be prompted by the City Clerk when it is time for a: i) closed session item, ii) general agenda item, iii) public hearing item, iv) special agenda item, or v) for Housing Authority item. You may request to speak by dialing *9 from your phone or you may virtually raise your hand from Zoom. After the Clerk confirms the last three digits of the caller's phone number or Zoom ID and unmutes them, the caller must press *6 or microphone icon to speak. Callers are encouraged, but not required, to identify themselves by name. Each caller will be provided three (3) minutes to speak, unless due to the number of speakers wanting to speak a decision is made to provide a different amount of time to speak. • IN -PERSON OPTION - Members of the public can provide in -person comments at the podium in the Council Chamber. The Council Chamber will have seating available for members of the public to attend the meeting in -person. Public comments are limited to three (3) minutes per speaker, unless a different time is announced by the presiding chair. Speakers who wish to address the Council must do so by submitting a "Request to Speak" card by 4:30 p.m. for Closed Session items and by 5:45 p.m. for all other designated public comment periods as listed below. Cards will not be accepted after the Public Comment Session begins without the permission of the presiding chair. City Council 3 2/6/2024 The following designated public comment periods are: 1. LIVE PUBLIC COMMENTS ON CLOSED SESSION ITEMS —You can provide live comments on closed session items by joining Zoom or the Conference Call as described in the LIVE or IN -PERSON PUBLIC COMMENTS OPTION above. Speaker queue will open at 4:00 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL and raise your hand BY 4:30 p.m. Speakers who are not in the speaker queue with their hand raised by 4:30 p.m. will not be permitted to speak. 2. LIVE PUBLIC COMMENTS ON REGULAR AGENDA ITEMS AND NON -AGENDA ITEMS (GENERAL PUBLIC COMMENT) — You can provide comments by joining Zoom or the Conference Call as described in the LIVE or IN -PERSON PUBLIC COMMENTS OPTION above. Speaker queue will open at 4:00 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL and raise your hand PRIOR TO 5:45 p.m. Speakers who are not in the speaker queue with their hand raised by 5:45 p.m. will not be permitted to speak. 3. LIVE PUBLIC COMMENTS ON PUBLIC HEARING ITEMS —You can provide comments by joining Zoom or the Conference Call as described in the LIVE or IN -PERSON PUBLIC COMMENTS OPTION above. Speakers not in the queue by 5:45 p.m. will not be permitted to speak. 4. LIVE PUBLIC COMMENTS ON HOUSING AUTHORITY ITEMS —You can provide comments by joining Zoom or the Conference Call as described in the LIVE or IN -PERSON PUBLIC COMMENTS OPTION above. Speakers not in the queue by 5:45 p.m. will not be permitted to speak. TRANSLATION SERVICES - Spanish interpreting services are provided at City Council meetings. Simultaneous Spanish interpretation is provided through the use of headsets and consecutive interpretation (Spanish -to -English) in addition to those wishing to address the City Council at the podium. La ciudad provee servicios de interpretacion al espanol en las juntas del Consejo. La interpretacion simultanea al espanol se ofrece por medio del use de audifonos y la interpretacion consecutiva (espanol a ingles) tambien esta disponible para cualquiera que desee dirigirse al consejo municipal en el podio. About the Agenda To download or view the attachments (staff report and other supporting documentation) for each agenda item, you must select the agenda item to see the attachments to either open in a new link (the eyeball or download a pdf (the cloud symbol with the down arrow ). City Council 4 2/6/2024 CLOSED SESSION CALL TO ORDER ATTENDANCE Council Members Mayor Pro Tern Mayor Interim City Manager City Attorney City Clerk ROLL CALL Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez David Penaloza Benjamin Vazquez Thai Viet Phan Valerie Amezcua Tom Hatch Sonia R. Carvalho Jennifer L. Hall ADDITIONS\DELETIONS TO CLOSED SESSION PUBLIC COMMENTS — Members of the public may address the City Council on Closed Session items. RECESS — City Council will recess to Closed Session for the purpose of conducting regular City business. CLOSED SESSION ITEMS — The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation: 1. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a): Agency Negotiator: Ramon Figueroa, Employee Relations Manager Employee Organization: • Santa Ana Police Officers Association (POA) 2. CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code: A. Mayra Mendoza and Giovanni Mendoza v City of Santa Ana, et al., Orange County Superior Court, Case No. 30-2020-0114729-CU-PA-CJC B. City of Santa Ana v Kenneth A. Steele and Ana Steele, et al., Orange County Superior Court, Case No. 30-2023-01313726-CU-EI-CXC City Council 5 2/6/2024 3. PUBLIC EMPLOYEE APPOINTMENT pursuant to Section 54957(b)(1) of the Government Code: Title: Independent Oversight Director to Santa Ana Police Oversight Commission 4. PUBLIC EMPLOYEE PERFORMANCE EVALUATION pursuant to Government Code Section 54957(b)(1) Title: Interim City Manager RECONVENE — City Council will reconvene to continue regular City business. CITY COUNCIL REGULAR OPEN SESSION CALL TO ORDER ATTENDANCE Council Members Mayor Pro Tern Mayor Interim City Manager City Attorney City Clerk ROLL CALL PLEDGE OF ALLEGIANCE WORDS OF INSPIRATION Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez David Penaloza Benjamin Vazquez Thai Viet Phan Valerie Amezcua Tom Hatch Sonia R. Carvalho Jennifer L. Hall Mayor Amezcua Maribel Toan, New Song Church ADDITIONS\DELETIONS TO THE AGENDA CEREMONIAL PRESENTATIONS 1. Certificate of Recognition presented by Mayor Amezcua to Alejandra Rodriguez for Outstanding Contributions to the Community (Good Neighbor Award) 2. Proclamation presented by Mayor Pro Tern Phan to Nguyen's Kitchen declaring February 10, 2024 as Tet / Lunar New Year 3. Certificates of Recognition presented by Councilmember Bacerra to Rosa Carbajal, Maria Gonzalez, and Mijail Bacila for Outstanding Acts of Heroism City Council 6 2/6/2024 4. Certificate of Recognition presented by Councilmember Hernandez to Gweni's Doll House Beauty Salon in Celebration of Black History Month and for Outstanding Contributions to the Community 5. Certificate of Recognition presented by Councilmember Lopez to Mauricio Yahir Trejo Najera for Outstanding Contributions to the Community CLOSED SESSION REPORT — The City Attorney will report on any action(s) from Closed Session. PUBLIC COMMENTS — Public comments will be held during the beginning of the meeting for ALL comments on agenda and non -agenda items, with the exception of public hearings. Comments for public hearings will take place after the hearing is opened. I CONSENT CALENDAR RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 6 through 23 and waive reading of all resolutions and ordinances. 6. Excused Absences Department(s): City Clerk's Office Recommended Action: Excuse the absent members. 7. Minutes from the Regular Meetings of August 1, 2023, August 15, 2023, September 19, 2023, October 3, 2023, and October 17, 2023, and the Special Meetings of August 29, 2023, October 9, 2023, and October 30, 2023 Department(s): City Clerk's Office Recommended Action: Approve minutes. 8. Quarterly Report for Housing Division Projects and Activities for the Period of October 1, 2023 to December 31, 2023 Department(s): Community Development Agency Recommended Action: Receive and file the Quarterly Report for Housing Division Projects and Activities for the period of October 1, 2023 to December 31, 2023. 9. Homeless Services Quarterly Report for the Period of October 1, 2023 through December 31, 2023 Department(s): Community Development Agency Recommended Action: Receive and file the Quarterly Report for Homeless Services City Council 7 2/6/2024 Projects and Activities for the period of October 1, 2023 through December 31, 2023. City Council 8 2/6/2024 10. Appropriations Adjustment Recognizing Grant Revenue in the Amount of $1,086,754 for the California State Library Building Forward Library Facilities Improvement Program for the Newhope Library Renovation Project and Use of Previously Appropriated Funds in the Amount of $271,688 for the Local Match Requirement Department(s): Library Recommended Action: 1. Approve an appropriation adjustment to recognize $1,086,754 in grant revenue from the California State Library and appropriate $1,086,754 into the appropriate expenditure accounts to implement the program. (Requires five affirmative votes) 2. Approve the use of previously appropriated Cannabis Public Benefit funds for the local match requirement in the amount of $271,688. 11. Approve Appropriation Adjustment in the Amount of $1,150,000 and Additional Contingency Funds in the Amount of $1,100,000 for an Existing Construction Contract with James W. Fowler Co., and Additional Contract Administration, Inspection, and Testing in the Amount of $50,000 with an Estimated Project Delivery Cost of $8,400,000 for the SR-55/Ritchey Street Water Improvements Projects (Project Nos.19-6438, 19-6439, 19-6440) (Non -General Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an appropriation adjustment to recognize $1,150,000 in reimbursement obligation funds from Orange County Transportation Authority (OCTA), as stipulated in the three Utility Reimbursement Agreements for the State Route 55 Improvement Project, into the Acquisition & Construction, Water Utility Capital Projects, Expense Reimbursement-OCTA revenue account and appropriate the same amount into the Acquisition & Construction, Water Utility Capital Projects, Water Capital Project expenditure account. (Requires five affirmative votes) 2. Approve an amendment to the Project Cost Analysis in the amount of $1,150,000 for $1,100,000 in additional contingency funds and $50,000 in additional contract administration, inspection, and testing for a new estimated total construction delivery cost of $8,400,000. 12. Approve an Appropriation Adjustment for the Santa Ana Regional Transportation Center Transit Beautification Projects Department(s): Public Works Agency Recommended Action: Approve an appropriation adjustment to recognize $1,975,000 in Clean California Local Grant Program funding from the California Department of Transportation for the Santa Ana Regional Transportation Center Painting and Wrought Iron Fencing project, and the Santa Ana Regional City Council 9 2/6/2024 Transportation Center Outdoor Water Fountain Renovation project. (Requires five affirmative votes) 13. Approve an Appropriation Adjustment and Award a Purchase Order to Santa Ana Guaranty Chevrolet Motors, Inc. for Eight EV Blazer SUVs, in an Amount Not -to - Exceed $563,304 (Bid No. 23-184A) (Non -General and General Fund) Department(s): Public Works Agency Recommended Action: Approve an appropriation adjustment recognizing $214,364 in prior -year fund balance in the Air Quality Improvement (AB 2766) Fund, Prior Year Carry Forward revenue account and appropriate the same amount into the Fleet Services -Air Quality Improvement expenditure account. (Requires five affirmative votes) 2. Authorize a one-time purchase and payment of purchase order to Santa Ana Guaranty Chevrolet Motors, Inc. for eight Chevrolet EV Blazer SUVs, in an amount not -to -exceed $518,304, with a $45,000 contingency. 14. Award a Purchase Order to Econolite Control Products, Inc. in an Amount of $94,720 (Bid No. 23-176) (Non -General Fund) Department(s): Public Works Agency Recommended Action: Authorize a one-time purchase and payment of purchase order to Econolite Control Products, Inc. for ten assembled traffic signal controller cabinets in an amount of $94,720 plus a contingency of $5,000, for a total amount not to exceed $99,720. 15. Award Aggregate Inventory Blanket Order Contracts for Water Meter Boxes and Lids to Core & Main and Ferguson Enterprises LLC, dba Ferguson Water Works, in a Total Aggregate Amount Not to Exceed of $3,000,000 for a three-year term beginning February 6, 2024 and Expiring February 5, 2027, With Provisions for up to Three Additional One -Year Renewal Periods (Specification No. 23-102) (Non -General Fund) Department(s): Public Works Agency Recommended Action: Award Blanket Order Contracts to Core & Main and Ferguson Enterprises LLC, dba Ferguson Water Works, to provide water meter boxes and lids for a shared aggregate amount not to exceed $3,000,000, for a three- year term beginning February 6, 2024 and expiring February 5, 2027, with provisions for three, one-year renewal periods, in accordance with each vendor's respective contract terms and conditions. City Council 10 2/6/2024 16. Approve an Appropriation Adjustment and a Lease Agreement with RailWorks Track Services, Inc. for Office Space at the Santa Ana Regional Transportation Center for a Five -Month Term with 12 One -Month Extensions, for a Total Amount of $73,031 (Non - General Fund) Department(s): Public Works Agency Recommended Action: 1. Authorize the City Manager to execute a site lease agreement with Railworks Track Services, Inc. to compensate the City $4,356 per month, with any partial month prorated at $145 per day, for the lease of 1,452 square feet of office space located at the Santa Ana Regional Transportation Center, for a five -month term beginning February 6, 2024 and ending June 30, 2024, with the option of 12 one -month extensions, for a total of $73,031 in lease revenue for the entire term of the agreement, including the optional extensions (Agreement No. A- 2024-XXX). 2. Approve an appropriation adjustment recognizing Fiscal Year 2023-24 lease income in the amount of $20,759 into the SARTC Operations, Rental-RailWorks revenue account and appropriate the same amount to the SARTC Operations, Contractual Services -Professional expenditure account. (Requires five affirmative votes) 17. Approve an Appropriation Adjustment and Approve an Eighth Amendment with Landscape West Management Service, Inc. to Increase the Contract Amount by $277,500 for Landscape Services (Project No. 24-6602) (Non -General Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an appropriation adjustment accepting $75,000 in the PWA Enterprise Capital Grants, Miscellaneous Revenue account and appropriate the same amount to the WaterSMART-Watershed Mgmt Prog expenditure account. (Requires five affirmative votes) 2. Authorize the City Manager to execute an eighth amendment to the agreement with Landscape West Management Services, Inc. to increase the contract amount by $277,500, for a total agreement amount not to exceed $8,499,500 (Agreement A- 2024-XXX). 18. Approve Third Agreement Amendments for Emergency On -Call Water and Sewer Repair Services with Mike Prlich & Sons, Inc., Paulus Engineering, Inc., and TE Roberts, Inc. Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute the third amendment to agreements with Mike Prlich & Sons, Inc., Paulus Engineering, Inc., and TE Roberts, Inc. for on -call emergency sewer and water system repair services to increase the annual shared agreement amount by $850,000, for an updated annual City Council 11 2/6/2024 amount of $2,050,000, for the remaining term of the agreement expiring August 19, 2024 (Agreement A-2024-XXX). 19. Approve an Agreement with Working Wardrobes to Provide Workforce Development Services to Unemployed People with Barriers to Employment Department(s): Community Development Agency Recommended Action: Authorize the City Manager to execute an agreement with Working Wardrobes for workforce development services, including workforce readiness workshops, job development, career planning, and job training in an amount not to exceed $742,000, for a term commencing February 6, 2024 and expiring December 31, 2025 (Agreement No. A-2024-XXX). 20. Agreement with Torti Gallas + Partners, Inc. (TGP) to Assist the City with the Development and Adoption of a Public Realm Plan for Each of the Five General Plan Focus Areas in an Amount Not to Exceed $799,282 (Specification No. 23-011) (General Fund and Non -General Fund) Department(s): Planning and Building Agency Recommended Action: Authorize the City Manager to execute an agreement with Neal I. Payton Architectural Corporation dba Torti Gallas + Partners, Inc. (TGP) to assist the City with the development and adoption of a Public Realm Plan for each of the five General Plan Focus Areas, in an amount not to exceed $799,282 for a two- year term beginning on February 6, 2024 and expiring on January 31, 2026, with provisions for a one two-year extension (Agreement No. A-2024-XXX). 21. Adopt a Resolution Amending the Classification and Compensation Plan for Classifications of Employment Designated as Unrepresented Executive Management Department(s): Human Resources Recommended Action: Adopt a resolution that amends the City's Classification and Compensation Plan for classifications of employment designated as unrepresented Executive Management (EM) to adjust the salary schedule of the Library Services Director. RESOLUTION NO. 2024-XXXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO EFFECT CERTAIN CHANGES TO THE CITY'S CLASSIFICATION AND COMPENSATION PLAN FOR CLASSIFICATIONS OF EMPLOYMENT DESIGNATED AS UNREPRESENTED EXECUTIVE MANAGEMENT (EM) City Council 12 2/6/2024 22. Amendment Application No. 2023-04 and Zoning Ordinance Amendment No. 2023- 03 for the Expansion of Vista Heritage Charter School Located at 601 North Fairview Street (Second Reading) Legal notice published in the OC Reporter on January 19, 2024. Department(s): Planning and Building Agency Recommended Action: 1. Conduct a second reading and adopt an ordinance approving Amendment Application (Zone Change) No. 2023-04. ORDINANCE NO. NS-3055 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 2023-04 AMENDING THE ZONING FOR THE PROPERTY LOCATED AT 601 NORTH FAIRVIEW STREET (APN: 405-241-04) FROM LIGHT INDUSTRIAL (M1) TO SPECIFIC DEVELOPMENT NO. 82 (SD-82) 2. Conduct a second reading and adopt an ordinance approving Zoning Ordinance Amendment (ZOA) No. 2023-03 as conditioned. ORDINANCE NO. NS-3056 entitled ZONING ORDINANCE AMENDMENT NO. 2023- 03 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SPECIFIC DEVELOPMENT NO. 82 (SD-82) TO EXPAND THE BOUNDARIES OF THE SD-82 AND TO AMEND VARIOUS SECTIONS OF THE SD- 82 TO ALLOW FOR THE CREATION OF THREE (3) LAND USE ZONES, NEW PERMITTED USES AND ANCILLARY USES, AND ADMINISTRATIVE REQUIREMENTS FOR PROPERTY MAINTENANCE, COVENANTS, CONDITIONS AND RESTRICTIONS (CC&RS) AND RECIPROCAL PARKING AND ACCESS AGREEMENTS 3. Determine that adoption of these ordinances is exempt from further review under the California Environmental Quality Act (CEQA) pursuant to sections 15301 and 15183 of the CEQA guidelines. 23. Ordinance Amendment No. 2023-04 amending Article 11.11 of Chapter 2 (Sunshine Ordinance) of the Santa Ana Municipal Code (SAMC) Addressing Applicability of Ordinance to Specific Development Amendments (Second Reading); Ordinance Amendment No. 2023-05 to Update Chapter 14 (Fire Protection and Prevention and Emergency Services) of the SAMC Addressing Eligibility for Permits for the Sale of Safe and Sane Fireworks (Second Reading); and Zoning Ordinance Amendment No. 2023-04 to Update Chapter 41 (Zoning) of the SAMC Addressing Billboards and General Restrictions (Second Reading) Department(s): Planning and Building Agency Recommended Action: 1. Find and determine that the adoption of these ordinances is exempt from further review under the California Environmental Quality Act (CEQA) pursuant to sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines, as amended from time to time. City Council 13 2/6/2024 2. Conduct a second reading and adopt an ordinance approving Ordinance Amendment No. 2023-04 amending Article 11.11 of Chapter 2 (Sunshine Ordinance) of the SAMC addressing applicability of the ordinance to specific development amendments. ORDINANCE NO. NS-3057 entitled ORDINANCE AMENDMENT NO. 2023-04 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 2 (ADMINISTRATION) OF THE SANTA ANA MUNICIPAL CODE RELATING TO PUBLIC INPUT THROUGH COMMUNITY MEETINGS 3. Conduct a second reading and adopt an ordinance approving Ordinance Amendment No. 2023-05 amending Chapter 14 (Fire Protection and Prevention and Emergency Services) addressing eligibility for permits for the sale of safe and sane fireworks. ORDINANCE NO. NS-3058 entitled ORDINANCE AMENDMENT NO. 2023-05 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING PORTIONS OF CHAPTER 14 (FIRE PROTECTION AND PREVENTION AND EMERGENCY SERVICES) OF THE SANTA ANA MUNICIPAL CODE RELATING TO SAFE AND SANE FIREWORKS 4. Conduct second reading and adopt an ordinance approving Zoning Ordinance Amendment No. 2023-04 amending Chapter 41 (Zoning) of the SAMC addressing billboards and general restrictions. ORDINANCE NO. NS-3059 entitled ZONING ORDINANCE AMENDMENT NO. 2023- 04 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING PORTIONS OF CHAPTER 41 (ZONING) OF THE SANTA ANA MUNICIPAL CODE RELATING TO GENERAL RESTRICTIONS AND BILLBOARDS **END OF CONSENT CALENDAR** I BUSINESS CALENDAR 24. Nominate and Appoint an Alternate Representative to the Southern California Association of Governments General Assembly Business Meeting Department(s): City Clerk's Office Recommended Action: Nominate and appoint an alternate for purposes of the Southern California Association of Governments General Assembly Business Meeting. **END OF BUSINESS CALENDAR** City Council 14 2/6/2024 CITY MANAGER COMMENTS COUNCIL COMMENTS AB1234 DISCLOSURE — If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended. ADJOURNMENT — Adjourn the City Council meeting and convene to the Housing Authority meeting. Adjourn in memory of Alice Alvarez Allen Baldwin Carl Overmeyer Future Items 1. Mid -Year Budget Update 2. Sanitation User Charges Resolution (Public Hearing) POSTING STATEMENT: On January 30, 2024, a true and correct copy of this agenda was posted at the entrance to City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. Internet Access to City Council, Agency, and Authority agendas and related material is available prior to meetings at santa-ana.org/agendas-and-minutes City Council 15 2/6/2024 HOUSING AUTHORITY CALL TO ORDER ATTENDANCE Authority Members Vice Chair Chair Interim City Manager City Attorney Recording Secretary ROLL CALL Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez David Penaloza Benjamin Vazquez Thai Viet Phan Valerie Amezcua Tom Hatch Sonia R. Carvalho Jennifer L. Hall ADDITIONS\DELETIONS TO THE HOUSING AUTHORITY AGENDA PUBLIC COMMENTS — Members of the public may address Housing Authority on items on the Housing Authority agenda. I CONSENT CALENDAR RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 1 and 3 and waive reading of all resolutions and ordinances. 1. Excused Absences Department(s): City Clerk's Office Recommended Action: Excuse the absent members. 2. Minutes from the Special Meeting of January 16, 2024 Department(s): City Clerk's Office Recommended Action: Approve minutes. 3. Quarterly Report for the Housing Choice Voucher Program for the Period of October 1, 2023 to December 31, 2023 Department(s): Community Development Agency City Council 16 2/6/2024 Recommended Action: Receive and file the Quarterly Report for the Housing Choice Voucher Program for the period of October 1, 2023 to December 31, 2023. **END OF CONSENT CALENDAR** HOUSING AUTHORITY MEMBER COMMENTS ADJOURNMENT — Adjourn the Housing Authority meeting. POSTING STATEMENT: On January 30, 2024, a true and correct copy of this agenda was posted at the entrance to City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. Internet Access to City Council, Agency, and Authority agendas and related material is available prior to meetings at santa-ana.org/agendas-and-minutes City Council 17 2/6/2024 DRAT Minutes of the Regular Meeting of the City Council City of Santa Ana, California August 01, 2023 CLOSED SESSION MEETING - 4:30 P.M. REGULAR OPEN MEETING - 5:30 P.M. (Immediately following the Closed Session Meeting) CITY COUNCIL CHAMBER 22 Civic Center Plaza Santa Ana, CA 92701 CLOSED SESSION CALL TO ORDER MINUTES: MayorAmezcua called the Closed Session Meeting to order at 4.39 P.M. /_ri14►117_1►Is] �Kom1.TimILyi1571ii1 Mayor Pro Tern Mayor City Manager City Attorney City Clerk Phil Bacerra Johnathan Ryan Hernandez David Penaloza Thai Viet Phan Benjamin Vazquez Jessie Lopez Valerie Amezcua Kristine Ridge Sonia R. Carvalho Jennifer L. Hall City Council 1 8/1/2023 City Council 7-1 2/6/2024 ROLL CALL MINUTES: City Clerk Jennifer L. Hall conducted roll call. Councilmembers Bacerra, Penaloza, Vazquez, and Hernandez, Mayor Pro Tem Lopez, and Mayor Amezcua were present. Councilmember Phan joined the meeting during Closed Session. ADDITIONS\DELETIONS TO CLOSED SESSION MINUTES: City Attorney Sonia Carvalho asked that an item be added to Closed Session Agenda as correspondence was received after the posting of the agenda on August 1, 2023: Consideration of case Albert Castillo vs. the City Council, the City of Santa Ana. She stated the case is a verified petition for Writ of Mandate and complaint for injunctive relief and to date there is no case number and the City of Santa Ana has not yet been served. City Attorney Carvalho recommended that Mayor Pro Tem Lopez not participate in the vote to add the item to the agenda nor to participate in the closed session matter. Mayor Pro Tem Lopez recused herself based on the advice of City Attorney Carvalho and left the dais at 4:43 P.M. MOTION: Councilmember Hernandez moved to add the closed session item to the Agenda, seconded by Councilmember Vazquez. The motion failed, 2-3-1-1, by the following roll call vote: AYES: COUNCILMEMBER HERNANDEZ, COUNCILMEMBER VAZQUEZ NOES: COUNCILMEMBER BACERRA, COUNCILMEMBER PENALOZA, MAYOR AMEZCUA ABSTAIN: MAYOR PRO TEM LOPEZ (recusal) ABSENT: COUNCILMEMBER PHAN STATUS: 2-3-1-1- FAIL PUBLIC COMMENTS-- Members of the public may address the City Council on Closed Session items. MINUTES: No public comments were received regarding Closed Session Agenda items. RECESS — City Council would recess to Closed Session for the purpose of conducting regular City business. MINUTES: Mayor Pro Tem Lopez returned to the dais and Mayor Amezcua recessed to consider the Closed Session items at 4:44 P.M. City Council 2 8/1/2023 City Council 7-2 2/6/2024 CLOSED SESSION ITEMS — The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters would prejudice the position of the City in existing and anticipated litigation: 1. CONFERENCE WITH LEGAL COUNSEL —INITIATION OF LITIGATION pursuant to paragraph (4) of subdivision (d) of Section 54956.9 of the Government Code: One (1) case Consideration of Amicus Support of Petition for Writ of Certiorari by the City of Costa Mesa to the United States Supreme Court for review of the Ninth Circuit Court of Appeals decision in SoCal Recovery, LLC et al. v. City of Costa Mesa, 56 FAth 802 (9th Cir. 2023) 2. PUBLIC EMPLOYEE PERFORMANCE EVALUATION pursuant to Government Code Section 54957(b)(1) TITLES: City Manager, City Attorney, City Clerk CLOSED SESSION REPORT — The City Attorney would report on any action(s) from Closed Session. RECONVENE — City Council would reconvene to continue regular City business. CITY COUNCIL REGULAR OPEN SESSION CALL TO ORDER MINUTES: Mayor Amezcua reconvened the City Council meeting to order at 7:07 P.M. ATTENDANCE Council Members Mayor Pro Tern Mayor City Manager City Attorney City Clerk ROI I CAI I Phil Bacerra Johnathan Ryan Hernandez David Penaloza Thai Viet Phan Benjamin Vazquez Jessie Lopez Valerie Amezcua Kristine Ridge Sonia R. Carvalho Jennifer L. Hall MINUTES: City Clerk Jennifer L. Hall conducted roll call. Councilmembers Bacerra, Penaloza, Phan, and Vazquez, and Mayor Amezcua were present. Councilmember Hernandez joined the meeting at 7:09 P.M. and Mayor Pro Tem Lopez joined the meeting at 7:10 P.M. City Council 3 8/1/2023 City Council 7-3 2/6/2024 PLEDGE OF ALLEGIANCE John Ramirez WORDS OF INSPIRATION Reverend Frank Wilder, Our Lady of the Pillar Church ADDITIONS\DELETIONS TO AGENDA I► 1117 11*1 iJ[.7T CEREMONIAL PRESENTATIONS 1. Certificate of Recognition presented by Mayor Amezcua to Everado Navarro for Outstanding Contributions to Public Safety. MINUTES: Mayor Amezcua presented a certificate of recognition to Everado Navarro and thanked him for his outstanding contribution to public safety related to an incident that occurred on May 19, 2023. 2. Certificate of Recognition presented by Mayor Pro Tern Lopez to Mia Verdin for Outstanding Contributions to the Community. MINUTES: Mayor Pro Tem Lopez presented a certificate of recognition to Mia Verdin for outstanding contributions to the community. 3. Certificate of Recognition presented by Councilmember Bacerra to Carol Chapman Cox for Outstanding Contributions to the Community. MINUTES: Councilmember Bacerra presented a certificate of recognition to Carol Chapman Cox for her outstanding contributions to the community and establishing the James and Dorothy Chapman Fund. 4. Proclamation declaring August 2023 as Chicano Heritage Month presented by Councilmember Hernandez to Sarinana's Tamale Factory. MINUTES: Councilmember Hernandez proclaimed August 2023 as Chicano Heritage Month and presented a proclamation to Teresa Nieves with Sarinana's Tamale Factory, the oldest Mexican restaurant in Orange County. 5. Certificate of Recognition presented by Councilmember Vazquez to Jimmy Rumsey for Outstanding Contributions to the Community. MINUTES: Councilmember Vazquez presented a certificate of recognition to Jimmy Rumsey for his outstanding contributions to the community. CLOSED SESSION REPORT MINUTES: City Attorney Sonia Carvalho reported Council supported to file an Amicus Brief for City Council 4 8/1/2023 City Council 7-4 2/6/2024 Closed Session Agenda Item No. 1. Mayor Amezcua reported she has appointed an Ad Hoc Committee comprised of herself and Councilmembers Bacerra and Vazquez to review two Ethics Code complaints filed against Councilmember Hernandez and a Personnel Board member. She explained the Ad Hoc Committee would review and work with the City Attorney to make recommendations to the City Council. PUBLIC COMMENT — Public comments would be held during the beginning of the meeting for ALL comments on agenda and non -agenda items, except for public hearings. Comments for public hearings would take place after the hearing is opened. The following speakers addressed Council via teleconference: 1. Felicity Figueroa commented regarding the proposed intoxication detention and service offering policy. 2. Victor Payan thanked the City of Santa Ana for Gerry Serrano's investigation, urged residents to oppose the recall election, and spoke in support of Councilmember Hernandez's call to revisit fees for community spaces and centers. MOTION: Councilmember Hernandez moved to bring Councilmember comments before the end of the meeting. Motion died due to lack of a second. MINUTES: Councilmember Hernandez spoke regarding a potential violation of the Brown Act. He formally requested special outside legal counsel be appointed to him due to references made about his role as a councilmember related to citywide special events and stated he would like to move forward with an ethics complaint against Mayor Amezcua for a Brown Act violation on April 18, 2023, as he had provided written disclosure to City Attorney Carvalho on April 19, 2023. Councilmember Hernandez expressed concern regarding the lack of response from the District Attorney's office. 3. Sandra Pena Sarmiento, co -leader of the Pacific Park Neighborhood Association, spoke in support of Agenda Item No. 25. 4. Victor Mendez spoke regarding Agenda Item No. 18. He recommended restructuring for risk management liabilities, and commented on public intoxication and the recall certification petition. 5. Pat Davis thanked the City Council for the option to provide public comment via Zoom. She expressed concern on increased jail activity due to public intoxication, and spoke regarding Agenda Item No. 24 and in support of Mayor Pro Tem Lopez. 6. Eve Garrow spoke in opposition to the public intoxication and service offering policy. 7. Kimberly Adams expressed concern for the public intoxication and service offering policy. City Council 5 8/1/2023 City Council 7-5 2/6/2024 The following speakers addressed Council in -person: 8. Mary Lara, Director of TKO Boxing Club, spoke regarding the struggle to have their boxing shows due to the associated fees for community spaces and centers. 9. David Duran expressed concern and spoke in opposition to the proposed intoxication detention and service offering policy. 10. John Raya, Founder of the TKO Youth Boxing Club, spoke in support of restructuring the fee schedule for the use of community spaces and centers. 11. Lupe Lopez expressed gratitude for the Proclamation of Chicano Heritage Month and expressed concern regarding being told her Native American regalia is a costume by a commissioner. 12. Rebecca Kovacs -Stein spoke in opposition to the proposed intoxication detention and service offering policy and offered alternatives. 13. Juliana Mushayev spoke in opposition to the proposed intoxication detention and service offering policy. 14. Alan Woo spoke in support of the reconsideration of fees for community spaces and centers. 15. Dan Bastian spoke regarding the Park Plan for 10t" and Flower St. and parking in the area for residents being very limited. 16. Karina Bastian shared frustration over police response times in the Willard District. 17. Koroush Karimi expressed concern regarding the proposed intoxication detention and service offering policy. 18. Claudia Morales (translation: Spanish) spoke in opposition and stated that jail time is not the answer to the proposed intoxication detention policy. 19. Maura Mikulec expressed concern regarding the proposed intoxication detention and service offering policy. 20. Lou Noble commented that criminalizing would not help alleviate the homeless problem. 21. Daniel Riley stated the intoxication detention is not a solution. 22. Wei Yu spoke in opposition to the intoxication detention and service offering program. 23. Irma Juaregui thanked Mayor Amezcua and Councilmember Penaloza for their support at Wilshire Square and spoke in support on proposed intoxication detention. City Council 6 8/1/2023 City Council 7-6 2/6/2024 24. Maria Rosa Lopez spoke in opposition to the recall of Mayor Pro Tem Lopez. 25. Jannah spoke in opposition to the intoxication detention. 26. Araceli Robles (translation: Spanish) spoke in opposition to detaining individuals for intoxication. 27. Frida Ramirez spoke regarding the growing homeless population and creating a better solution. 28. Ivan Enriquez spoke in opposition to the recall of Mayor Pro Tem Lopez. 29. Alejandro Gonzalez (translation: Spanish) requested Organization 32 from Mexico be represented in the parade. 30. Javier Reynoso (translation: Spanish) echoed previous comments regarding the parade. 31. Tonatzin Reyes spoke regarding the fees for community spaces and centers. 32. Veronica Gomez commented on reconsidering the fees for community spaces and centers. 33. Jose Luis Ramirez (translation: Spanish) spoke regarding issues related to the procedures for the parade. 34. Jaime Edwards requested to meet with the coordinator of the parade. City Clerk Jennifer L. Hall reported out the summary of email comments received: sixteen (16) non -agenda comments and three (3) comments regarding Agenda Item No. 25. CONSENT CALENDAR RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 6 through 22, and waive reading of all resolutions and ordinances. MINUTES: At 9:35 P.M. the Consent Calendar was considered. Councilmember Hernandez requested to comment on Agenda Item No. 10. Councilmember Vazquez pulled Agenda Item No. 21 for separate discussion and consideration. City Council 7 8/1/2023 City Council 7-7 2/6/2024 MOTION: Councilmember Bacerra moved to approve Consent Calendar Item Nos. 6 through 22, with the exception of Item No. 21, seconded by Councilmember Penaloza. The motion carried, 7-0, by the following roll call vote: AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA NOES: NONE ABSTAIN: NONE ABSENT: NONE Status: 7 — 0 — Pass 6. Excused Absences Department(s): City Clerk's Office Recommended Action: Excuse the absent members. 7. Appoint Frida Ramirez Nominated by Councilmember Penaloza as the Ward 6 Representative to the Santa Ana 2018 Measure X Citizen Oversight Committee for a Full -Term Expiring December 8, 2026 Department(s): City Clerk's Office Recommended Action: Appoint Frida Ramirez to the Santa Ana 2018 Measure X Citizen Oversight Committee as the Ward 6 representative and administer the Oath of Office. MINUTES: City Clerk Jennifer L. Hall administered the Oath of Office to Frida Ramirez. 8. Receive and File Boards and Commissions Biannual Attendance Report for January through June 2023 Department(s): City Clerk's Office Recommended Action: Receive and file Boards and Commissions Biannual Attendance Report 9. Quarterly Report for Housing Division Projects and Activities for the period of April 1, 2023 to June 30, 2023 Department(s): Community Development Agency Recommended Action: Receive and file the Quarterly Report for Housing Division Projects and Activities for the period of April 1, 2023 to June 30, 2023 City Council 8 8/1/2023 City Council 7-8 2/6/2024 10. Update on Historic Street Sign Toppers - Informational Quick Reference (QR) Code Signs. Department(s): Planning and Building Agency Recommended Action: Receive and file an update on Historic Street Sign Toppers and informational Quick Reference (QR) code signs. MINUTES: Councilmember Hernandez thanked staff for their hard work and efforts. 11. Amend Purchase Order Contract with All American Asphalt to Increase the Annual Amount by $200,000 for Asphalt Pothole Repair (Specification No. 18-092) (General Fund) Department(s): Public Works Agency Recommended Action: Approve an amendment to the Purchase Order Contract with All American Asphalt, for asphalt pothole repair, to increase the compensation amount by $200,000, for a total annual amount not to exceed $1,400,000 for both the current two-year term that ends on November 30, 2023, and the two-year renewal term ending on November 30, 2025, subject to non -substantive changes approved by the City Manager and City Attorney. 12. Approve an Appropriation Adjustment and Capital Improvement Project Amendment for the Bristol -Tolliver Street Greening Project (Project No. 24-6600) (Non -General Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an appropriation adjustment to recognize $3,502,500 in Urban Greening Grant Program funding from the California Natural Resources Agency into the Public Works Agency Enterprise Capital Grants, State Grant -Direct Revenue Account and appropriate the same amount into the Public Works -Water Quality and Control, Improvements Other Than Building expenditure account. (Requires five affirmative votes) 2. Approve an amendment to the Fiscal Year 2023-24 Capital Improvement Program to include $3,502,500 of funding from the California Natural Resources Agency Urban Greening Grant Program for the Bristol -Tolliver Street Urban Greening Project. 13. Approve Agreement with WSP USA Environment & Infrastructure Inc. for Industrial/Commercial Inspection and National Pollutant Discharge Elimination System (NPDES) Program Support Services (Non -General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with WSP USA Environment & Infrastructure Inc. to provide stormwater related inspections of City Council g 8/1/2023 City Council 7-9 2/6/2024 industrial/commercial establishments and National Pollutant Discharge Elimination System Program Support Services for a three-year term beginning August 1, 2023 and expiring on July 31, 2026, with provisions for one two-year extension exercisable by the City Manager and City Attorney, for a total amount not to exceed $1,750,000 over the lifetime of the agreement, including the optional two-year extension period, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. A-2023-134). 14. Approve Agreement with Stearns, Conrad & Schmidt, Consulting Engineers, Inc. to Conduct a Cost of Service Study for the Sanitation Services User Charge, in an Amount Not to Exceed $82,875 (Specification No. 23-029) (Non -General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute a consultant agreement with Stearns, Conrad & Schmidt, Consulting Engineers, Inc. to conduct a cost of service study in an amount not to exceed $82,875, including a contingency of $16,575, for a three-year term beginning on August 1, 2023 and expiring July 31, 2026, with provision for one, two-year extension, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. A-2023-135). 15. Approve an Agreement with LOC Architects for Professional Architectural Services for the Santa Ana Zoo Educational Hub and an Amendment to the Fiscal Year 2023- 2024 Capital Improvement Project 23-2601 (Non -General Fund) Department(s): Public Works Agency Recommended Action: 1. Authorize the City Manager to execute an agreement with LOC Architects for professional architectural services for the Santa Ana Zoo Educational Hub Building project in the amount of $350,120 with a contingency amount of $35,000, for a total amount not to exceed $385,120, for a three-year term beginning August 1, 2023 and expiring July 31, 2026, with an option for one two-year extension, subject to non -substantive changes approved by the City Manager and the City Attorney (Agreement No. A-2023-136). 2. Approve an amendment to the Fiscal Year 2023-2024 Capital Improvement Program to include $385,120 of funding for the Santa Ana Zoo Educational Hub project (Project No. 23-2601). 16. Approve Amendment to Agreement with Governmentjobs.com dba NEOGOV to continue Recruitment and Onboarding Services (General Fund) Department(s): Human Resources Recommended Action: Authorize the City Manager to execute a First Amendment to the Agreement with NEOGOV to continue the services of Insight platform, Candidate Text Messaging, and eSkill Integration for a period of July 1, 2023 through June 30, 2024 with City Council 10 8/1/2023 City Council 7 — 10 2/6/2024 the option of one, one (1)-year renewal, for an additional amount of $50,000 over the two years (approximately $25,000 each year), subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. A-2023-137). 17. Authorize the City to Retain Life, Accidental Death & Dismemberment (AD&D), and Long-term Disability (LTD) Insurance with The Standard Insurance Company, and approve Agreement with REACH Employee Assistance, Inc. for Employee Assistance Program Services Effective January 1, 2024 through December 31, 2026 Department(s): Human Resources Recommended Action: 1. Authorize the City to retain life, AD&D, and LTD disability group and voluntary life and AD&D insurances through The Standard Insurance Company, subject to annual competitive rate evaluation seeking the best service for the best price and non -substantive changes approved by the City Manager and City Attorney. 2. Authorize the City Manager to execute an Agreement with REACH Employee Assistance, Inc. ("REACH") to continue employee assistance program ("EAP") services effective January 1, 2024 through December 31, 2026, subject to annual competitive rate evaluation seeking the best service for the best price and non- substantive changes approved by the City Manager and City Attorney (Agreement No. A-2023-138). 18. Approve Renewal of Joint Powers Authority Agreement between the City of Santa Ana and Independent Cities Risk Management Authority (ICRMA), and Agreement between the City of Santa Ana and Arthur J. Gallagher and Approve Appropriation, Associated Insurance Premiums, Costs, Programs, and Regulatory Fees for an Amount Not to Exceed $11,625,000 (Non -General Fund) Department(s): Human Resources Recommended Action: 1. Authorize the City Manager to approve the Agreement between the City of Santa Ana ("City") and Arthur J. Gallagher, broker of record, from July 1, 2023 to June 30, 2024, for insurance brokerage services, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. A-2023-140). 2. Authorize the City Manager to approve payment of insurance premiums and associated programs to ICRMA in an amount not to exceed $7,500,000 protection of City assets, from July 1, 2023 to June 30, 2024 including but not limited to: a. Excess Liability Program b. Excess Workers' Compensation Program c. Auto Physical Damage Program d. Property and Equipment Program e. Crime Program f. Cyber Program g. Associated Programs City Council 11 8/1/2023 City Council 7 —11 2/6/2024 3. Authorize the City Manager to approve payment of insurance premiums to Arthur Gallagher, Broker, in an amount not to exceed $3,325,000 for ancillary coverages of City's assets, from July 1, 2023 to June 30, 2024 including but not limited to: a. General Liability Buffer Program b. Workers' Compensation Buffer Program c. Earth Movement & Flood and Difference in Coverage Program d. Terrorism Insurance Program e. Underground Storage Tank and Environmental Program 4. Authorize the City Manager to approve funding to cover FY 2023/24 City Special Events Insurance for events including but not limited to Fourth of July fireworks show, winter events, and other City -sponsored events as created and held, in an amount not to exceed $300,000. 5. Authorize the City Manager to approve the City's obligation to pay the State of California DIR estimated assessment in the amount not to exceed $500,000. 6. Approval of the Appropriation Adjustment would recognize $1,300,000 in Liability and Property Insurance Revenue, Prior Year Carryforward revenue account (No. 08009002-50001) and appropriate the same amount into the Liability & Property insurance account (No. 08009051-64010). (Requires five affirmative votes) 19.Appropriation Adjustment and Memorandum of Understanding Accepting Fiscal Year (FY) 2022 Improving Criminal Justice Response to Domestic Violence, Dating Violence, Sexual Assault, and Stalking Grant Program Funds Department(s): Police Department Recommended Action: Approve an appropriation adjustment recognizing $210,000 in grant revenue from the U.S. Department of Justice Grants and appropriate same to the Office on Violence Against Women Improving Criminal Justice Response expenditure account. (Requires five affirmative votes) 2. Authorize the City Manager to execute a Memorandum of Understanding with Human Options, Inc. accepting the FY 2022 Improving Criminal Justice Response to Domestic Violence, Dating Violence, Sexual Assault, and Stalking Grant in the amount of $210,000, for the period of October 1, 2022 through September 30, 2025, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. A-2023-141). 20.Adopt Resolution Appointing the Executive Director of Finance as Plan Administrator for Employee Savings Plans Department(s): Finance and Management Services Recommended Action: Adopt a resolution appointing the Executive Director of Finance as plan administer of the 457(b) Deferred Compensation Plan, the 401(a) Retirement Savings Plan, and the 401(h) Retirement Health Savings Plan. City Council 12 8/1/2023 City Council 7 — 12 2/6/2024 RESOLUTION NO. 2023-049 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING RESOLUTIONS 2011-024 AND 2016-053 AND APPOINTING THE EXECUTIVE DIRECTOR OF THE FINANCE AND MANAGEMENT SERVICES AGENCY AS THE PLAN ADMINISTRATOR FOR THE CITY'S 457(B), 401(A) AND 401(H) PLANS 21.Adopt a Resolution for the Automated License Plate Reader Policy. Department(s): Public Works Agency Recommended Action: Adopt a Resolution for the Automated License Plate Reader Policy. RESOLUTION NO. 2023-050 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADOPTING THE CITY OF SANTA ANA AUTOMATED LICENSE PLATE READER (ALPR) POLICY FOR CONDUCTING PARKING STUDIES MINUTES: Councilmember Vazquez asked for clarification regarding the vehicle information being stored and saved. City Manager Kristine Ridge confirmed the application utilized for automated license plate reader would solely be used for statistics and no vehicle information would be kept. MOTION: Councilmember Hernandez moved to approve the recommended action for Item No. 21, seconded by Councilmember Penaloza. The motion carried, 7-0, by the following roll call vote: AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA NOES: NONE ABSTAIN: NONE ABSENT: NONE Status: 7 — 0 — Pass 22.Adoption of 2023 Local Guidelines for Implementing the California Environmental Quality Act ("CEQA") Department(s): Planning and Building Agency Recommended Action: Adopt a resolution adopting the 2023 Local Guidelines for Implementing the California Environmental Quality Act for the City of Santa Ana. City Council 13 8/1/2023 City Council 7 — 13 2/6/2024 RESOLUTION NO. 2023-051 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADOPTING LOCAL CEQA GUIDELINES FOR IMPLEMENTING THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (PUBLIC RESOURCES CODE SECTIONS 21000 ET SEQ.) **END OF CONSENT CALENDAR** BUSINESS CALENDAR MINUTES: At 9:42 P.M. the Business Calendar was considered. 23.Adopt a Resolution and Approve an Agreement Authorizing Police Corporal Joshua Gripentrog to Purchase a Retired Santa Ana Police Department K-9, and Accepting the Donation of a Police K-9 from Johanna Scillieri for the Santa Ana Police Department K-9 Program Department(s): Police Department Recommended Action: 1. Adopt a resolution authorizing the purchase agreement between Santa Ana Police Corporal Joshua Gripentrog and the City of Santa Ana for the sale of a retired Santa Ana Police Department K-9, and accepting the donation of a Police K-9, equipment, and supplies from Johanna Scillieri for the Santa Ana Police Department's K-9 Program. RESOLUTION NO. 2023-052 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE AGREEMENT BETWEEN POLICE OFFICER GRIPENTROG AND THE CITY OF SANTA ANA RELATING TO THE PURCHASE OF A POLICE K-9 AND ACCEPTING THE DONATION OF A POLICE K-9, EQUIPMENT AND SUPPLIES FROM JOHANNA SCILLIERI FOR THE SANTA ANA POLICE DEPARTMENT K-9 PROGRAM 2. Authorize the City Manager to execute a purchase agreement with Santa Ana Police Corporal Joshua Gripentrog for the sale of a retired Police Department K-9 in the amount of $1, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. A-2023-142). MOTION: Councilmember Penaloza moved to approve the recommended action for Item No. 23, seconded by Mayor Amezcua. The motion carried, 7-0, by the following roll call vote: AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA NOES: NONE City Council 14 8/1/2023 City Council 7 — 14 2/6/2024 ABSTAIN: NONE ABSENT: NONE Status: 7 — 0 — Pass 24.Accept the Certificate of Sufficiency for Petition to Recall Councilmember Jessie Lopez, City Council, Ward 3, and Either Adopt Resolutions Calling a Special Election and Adopting a Regulation for Officer's Statement or Direct Staff to Prepare Resolutions Calling a Special Election and Adopting a Regulation for Officer's Statement for Consideration at the August 15, 2023 City Council Meeting Department(s): City Clerk's Office Recommended Action: 1. Approve resolution accepting the certification of the Orange County Registrar of Voters as to the verification of signatures and the City Clerk's Certificate of Sufficiency for petition seeking to recall Councilmember Jessie Lopez, City Council, Ward 3; RESOLUTION NO. 2023-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ACCEPTING THE CERTIFICATE AS TO VERIFICATION OF SIGNATURES ON PETITION AND CERTIFICATE OF SUFFICIENCY FOR PETITION TO RECALL COUNCILMEMBER JESSIE LOPEZ Following acceptance of the certification, take one of the following actions: 2. Approve two resolutions: 1) Calling and giving notice of a Special Municipal Election for the submission of the question of the recall of Councilmember Jessie Lopez to a vote by the electorate of Ward 3 of the City of Santa Ana and requesting specified services from the County of Orange to conduct said election; RESOLUTION NO.2023-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL ELECTION TO BE HELD I N C O U N C I L WARD 3 ON TUESDAY, , 2023 FOR SUBMISSION OF THE QUESTION OF THE RECALL OF CERTAIN OFFICERS AND REQUESTING SPECIFIED SERVICES FROM THE COUNTY OF ORANGE TO CONDUCT SAID ELECTION; and 2) Adopting a regulation for officer's statement and establishing a system for payment of the cost of inclusion of the statement in the voter information guide. RESOLUTION NO.2023-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADOPTING A REGULATION FOR AN OFFICER WHOSE RECALL IS BEING SOUGHT PERTAINING TO A STATEMENT SUBMITTED TO THE VOTERS AT A SPECIAL ELECTION ON TUESDAY , 2023 AND ESTABLISHING A SYSTEM FOR PAYMENT OF THE COST OF City Council 15 8/1/2023 City Council 7-15 2/6/2024 KO INCLUSION OF THE OFFICER'S STATEMENT IN VOTER INFORMATION GUIDE/PAMPHLET AND/OR ELECTRONIC COPY 3. Direct staff to prepare a resolution for approval at the August 15, 2023 Council meeting, submitting the question of the recall of Councilmember Jessie Lopez to a vote by the electorate of Ward 3 of the City of Santa Ana at a special election, and a resolution adopting a regulation for officer's statement. MINUTES: Mayor Pro Tern Lopez recused herself from the item and left the dais at 9:49 P. M. City Clerk Jennifer L. Hall presented the staff report. Councilmember Vazquez stated he rejected the recall petition certificate based on the petitioners deceiving the citizens of Ward 3. Councilmember Hernandez stated he rejected the recall petition certificate based on the strategy implemented by Gerry Serrano. Councilmember Phan spoke regarding the Registrar of Voters' estimate for the election and multiple potential elections, and stated that the recall money could be used for other resources. MOTION: Councilmember Hernandez moved to continue Agenda Item No. 24 to the August 151" City Council Meeting, seconded by Councilmember Phan. The motion failed, 3-3-1, by the following roll call vote: AYES: COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ NOES: COUNCILMEMBER BACERRA, COUNCILMEMBER PENALOZA, MAYOR AMEZCUA ABSTAIN: MAYOR PRO TEM LOPEZ (recusal) ABSENT: NONE Status: 3-3— 1 - 0 — FAIL MINUTES: Councilmember Bacerra asked for clarification on the next steps due to the 3-3 vote and should action not be taken by August 15t" deadline. City Attorney Sonia Carvalho provided clarification. City Clerk Hall stated that if action is not taken by the City Council to call for an election by August 15, 2023 it would go to the County Register of Voters (ROV), Bob Page, who has five (5) days to set an election date. City Council 16 8/1/2023 City Council 7 — 16 2/6/2024 MOTION: Councilmember Penaloza moved to approve Recommended Action Nos. 1 and 2 and set the recall election on November 7, 2023, seconded by Councilmember Bacerra. MINUTES: Councilmember Penaloza asked why the City Council would want to postpone the item to a later date. Councilmember Phan expressed why she would want to postpone the item. Mayor Amezcua commented that if no agreement is made by August 15, 2023, the ROV would set the date. Councilmember Phan asked for clarification regarding associated attorney fees. City Attorney Carvalho confirmed the City had not been officially served, she could not provide an assessment on the case due to insufficient time to review, and spoke regarding attorney fees. She stated that if the City Council postponed the item, the City Attorney's Office would be able to provide a clear opinion and analysis. Councilman Bacerra asked whether the plaintiff would still seek attorney fees if the City Council moved forward or postponed the decision. City Attorney Carvalho confirmed attorney fees would be recovered by plaintiff. Discussion ensued regarding postponing or moving forward with the item and City Attorney's analysis. Councilmember Bacerra asked City Clerk Hall when she approved the petition signature gathering, when the proponents submitted the required signatures, and when the City Clerk's Office submitted to the ROV. City Clerk Hall stated she approved the petition for signature gathering on April 7, 2023, accepted the required signatures by the proponents on June 12, 2023, and submitted the signatures to the ROV on June 13, 2023. Discussion ensued regarding the continuance of the item to August 15, 2023. MOTION: Councilmember Penaloza moved to approve Recommended Action Nos. 1 and 2 and set the recall election on November 7, 2023, seconded by Councilmember Bacerra. City Council 17 8/1/2023 City Council 7 — 17 2/6/2024 The motion failed, 3-3-1, by the following roll call vote: AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER PENALOZA, MAYOR AMEZCUA NOES: COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ ABSTAIN: MAYOR PRO TEM LOPEZ (recusal) ABSENT: NONE Status: 3-3— 1 - 0 — FAIL MINUTES: City Clerk Hall stated she would ministerially return the item for consideration on August 15tn MOTION: Councilmember Bacerra moved to approve Recommended Action No. 1, seconded by Councilmember Penaloza. SUBSTITUTE MOTION: Councilmember Hernandez moved to continue Agenda Item No. 24 to August 15, 2023, seconded by Councilmember Vazquez. The substitute motion failed, 3-3-1, by the following roll call vote: AYES: COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ NOES: COUNCILMEMBER BACERRA, COUNCILMEMBER PENALOZA, MAYOR AMEZCUA ABSTAIN: MAYOR PRO TEM LOPEZ (recusal) ABSENT: NONE Status: 3-3— 1 - 0 — FAIL MOTION: Councilmember Bacerra moved to approve Recommended Action No. 1, seconded by Councilmember Penaloza. The motion failed, 3-3-1, by the following roll call vote: AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER PENALOZA, MAYOR AMEZCUA NOES: COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ ABSTAIN: MAYOR PRO TEM LOPEZ (recusal) ABSENT: NONE Status: 3-3— 1 - 0 — FAIL MINUTES: Councilmember Phan stated that the certificate of sufficiency is the issue raised in the lawsuit, which is why she voted no. Mayor Pro Tem Lopez returned to the dais at 10:25 P.M. City Council 18 8/1/2023 City Council 7 — 18 2/6/2024 **END OF BUSINESS CALENDAR** COUNCILMEMBER REQUESTED ITEMS 25. Discuss and Consider Directing the City Manager to Re -consider Fees for Registering Events and Reserving Facilities to Create a Community -Friendly Atmosphere — Councilmember Hernandez MINUTES: Councilmember Hernandez thanked public speakers who participated in the public comments and proposed to decrease fees for Neighborhood Association events. Councilmember Phan spoke in opposition to Councilmember Hernandez's proposition. Councilmember Vazquez spoke in support of the item in question. Mayor Pro Tem Lopez spoke in support of the item. Councilmember Penaloza spoke in opposition to reconsidering fees for community facilities. Councilmember Bacerra stated he would not be supporting the item. Mayor Amezcua closed the discussion by recalling the City Manager's comment that there is no money in the budget and stated she would not be supporting the item due to insufficient funds. City Manager Kristine Ridge stated there is no majority support for the item to be returned. 26. Discuss and Consider Directing the City Manager to Return for City Council's Consideration a Resolution in Support of AB1306 to Harmonize State Policy with Broadly -Supported, Existing Criminal -Justice Reforms — Councilmember Vazquez MINUTES: Councilmember Vazquez spoke regarding AB1306 and requested Council's support. Councilmember Hernandez and Councilmember Phan voiced support on the item. Councilmember Penaloza asked Councilmember Vazquez for clarification and example(s) where the resolution would apply. Councilmember Vazquez provided examples to justify the item. Councilmember Penaloza stated he would not support the item. Mayor Pro Tern Lopez expressed support of the item. City Council 19 8/1/2023 City Council 7 — 19 2/6/2024 Councilmember Bacerra commented and voiced that he would not support the item. Mayor Pro Tem Lopez provided comments to clarify the basis of the resolution. Mayor Amezcua provided comment and asked City Manager Kristine Ridge for more information regarding AB 1306 and the impact for the City. Councilmember Vazquez provided clarification on the resolution to support AB1306. City Attorney Sonia Carvalho stated that the requested items are intended for simple answers to be considered for future agendas and are not intended for a full debate. Mayor Amezcua thanked City Attorney Carvalho for the clarification and requested the City Manager bring back the item for discussion with more information. City Manager Kristine Ridge stated she had majority support to return with a resolution. Mayor Amezcua expressed she was not in support of the item due to the lack of information. MINUTES: Mayor Amezcua recessed the City Council Meeting to consider the Housing Authority agenda at 11:12 P.M. and reconvened at 11:14 P.M. CITY MANAGER COMMENTS MINUTES: None COUNCIL COMMENTS AB1234 DISCLOSURE — If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended. MINUTES: Councilmember Bacerra provided a reminder regarding his monthly community office hours on Saturday August 5t" at 10:00 A.M. at Carl Thornton Park. Councilmember Phan expressed excitement on actions regarding an electric trash truck, reported that National Night Out was a fantastic time, and urged responses to the parking survey. Councilmember Vazquez announced a community clean up, highlighted that President Biden spoke regarding Santa Ana's Rental Protection Program, and thanked Councilmembers Phan, Hernandez, and Mayor Pro Tem Lopez for the program. Mayor Pro Tem Lopez announced a creek clean up with OC Habitats on August 11 t", stated her office hours at Jack Fisher Park the following day, and thanked the Housing Division staff and City Manager Kristine Ridge regarding rent control for recognition by the White House. City Council 20 8/1/2023 City Council 7 — 20 2/6/2024 Councilmember Penaloza wished Wilshire Square a Happy 100t" birthday and thanked Parks and Recreation staff for the Brew at the Zoo event. Mayor Amezcua asked City Manager Kristine Ridge to use the billboard for public relations, spoke regarding the fundraiser event for Justice for Victoria at Chapter One, and announced that on July 18t" the City Council approved a Sister City agreement with the City of Sahuayo Michoacan. ADJOURNMENT MINUTES: MayorAmezcua adjourned the City Council meeting at 11:28 P.M. Respectfully submitted: Jennifer L. Hall, CMC City Clerk City Council 21 8/1/2023 City Council 7 — 21 2/6/2024 DRAT Minutes of the Regular Meeting of the City Council City of Santa Ana, California August 15, 2023 CLOSED SESSION MEETING - 4:00 P.M. REGULAR OPEN MEETING - 5:30 P.M. (Immediately following the Closed Session Meeting) CITY COUNCIL CHAMBER 22 Civic Center Plaza, Santa Ana, CA 92701 CLOSED SESSION CALL TO ORDER MINUTES: Mayor Amezcua called the Closed Session Meeting to order at 4: 08 P. M. ATTENDANCE Council Members Mayor Pro Tern Mayor City Manager City Attorney City Clerk Phil Bacerra Johnathan Ryan Hernandez David Penaloza Thai Viet Phan Benjamin Vazquez Jessie Lopez Valerie Amezcua Kristine Ridge Sonia R. Carvalho Jennifer L. Hall City Council 1 08/15/2023 City Council 7 — 22 2/6/2024 ROLL CALL MINUTES: City Clerk Jennifer L. Hall conducted roll call. Councilmembers Bacerra, Penaloza, Phan, and Vazquez, and Mayor Amezcua were present. Councilmember Hernandez and Mayor Pro Tem Lopez joined the meeting during Closed Session. ADDITIONS\DELETIONS TO CLOSED SESSION MINUTES: City Attorney Sonia Carvalho asked that an item be added to the Closed Session Agenda regarding a syringe program, noting that the City had received notice after the agenda was posted and there was an immediate need to take action. MOTION: Mayor Amezcua moved to add a closed session item related to the syringe program to the agenda, seconded by Councilmember Bacerra. The motion carried, 5-0-0-2, by the following roll call vote item: AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ, MAYOR AMEZCUA NOES: NONE ABSTAIN: NONE ABSENT: COUNCILMEMBER HERNANDEZ, MAYOR PRO TEM LOPEZ Status: 5-0-0-2- PASS PUBLIC COMMENTS — Members of the public may address the City Council on Closed Session items. MINUTES: No public comments were received regarding Closed Session Agenda items. RECESS — City Council will recess to Closed Session for the purpose of conducting regular City business. MINUTES: Mayor Amezcua recessed to consider the Closed Session items at 4:10 P.M. CLOSED SESSION ITEMS — The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation: 1. CONFERENCE WITH LEGAL COUNSEL— EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of the Government Code: A. Albert Castillo v. City Council of the City of Santa Ana, et al., Orange County Superior Court, Case No. 30-2023-01339759-CU-WM-CJC City Council 2 08/15/2023 City Council 7 — 23 2/6/2024 MINUTES: Mayor Pro Tem Lopez recused herself from the discussion of Closed Session Item No. 1A, left the room at 4:31 P.M., and returned to the room at 4:39 P.M. upon conclusion of the item's consideration. B. Micah's Way v. City of Santa Ana, et al., United States District Court, Case No. 8:23-CV-00183-DOC-KES 2. PUBLIC EMPLOYEE PERFORMANCE EVALUATION pursuant to Government Code Section 54957(b)(1) TITLES: City Manager, City Attorney, City Clerk 3. CONFERENCE WITH LABOR NEGOTIATOR pursuant to California Government Code Section 54957.6(a) Agency Designated Representative: Jason Motsick, Human Resources Executive Director Unrepresented Employees: City Manager, City Attorney, City Clerk 4. CONFERENCE WITH LEGAL COUNSEL — INITIATION OF LITIGATION pursuant to paragraph (4) of subdivision (d) of section 54956.9 of the Government Code: One (1) case. RECONVENE — City Council will reconvene to continue regular City business. CITY COUNCIL REGULAR OPEN SESSION CALL TO ORDER MINUTES: Mayor Amezcua reconvened the City Council Meeting to order at 6:34 P.M. ATTENDANCE Council Members Phil Bacerra Johnathan Ryan Hernandez David Penaloza Thai Viet Phan Benjamin Vazquez Mayor Pro Tern Jessie Lopez Mayor Valerie Amezcua City Manager Kristine Ridge City Attorney Sonia R. Carvalho City Clerk Jennifer L. Hall City Council 3 08/15/2023 City Council 7 — 24 2/6/2024 ROLL CALL MINUTES: City Clerk Jennifer L. Hall conducted roll call. Councilmembers Bacerra, Hernandez, Penaloza, Phan, and Vazquez, Mayor Pro Tem Lopez, and Mayor Amezcua were present. PLEDGE OF ALLEGIANCE WORDS OF INSPIRATION Volunteer Audience Member Rupert Vega, Police Chaplain ADDITIONS\DELETIONS TO AGENDA MINUTES: City Clerk Jennifer L. Hall stated that Public Hearing Item No. 29 was cancelled and would be re -noticed and heard at a later date. CEREMONIAL PRESENTATIONS 1. Certificate of Recognition presented by Mayor Amezcua to Alexis Rodriguez Mejia for Academic Excellence/Accomplishments. MINUTES: Mayor Amezcua presented a certificate of recognition to Alexis Rodriguez Mejia for his Academic Excellence and Accomplishments. 2. Certificate of Recognition presented by Councilmember Hernandez to the late B-Boy Abu for Outstanding Contributions to the Community. MINUTES: Councilmember Hernandez presented a certificate of recognition for outstanding contributions to the community to Aaron Mostel on behalf of the late Alex Ponce, aka B-Boy Abu. 3. Proclamation presented by Councilmember Vazquez declaring August 28 — September 1, 2023 as National Community Health Workers Awareness Week. MINUTES: Councilmember Vazquez proclaimed August 28 to September 1, 2023 as National Community Health Workers Awareness Week and presented a proclamation to Josefina Jimenez, Maria Melan, and Ana Lydia. STAFF PRESENTATIONS 4. Permit Parking Program Update MINUTES: Public Works Director Nabil Saba gave a presentation regarding the Permit Parking Program Update. City Council I 08/15/2023 City Council 7 — 25 2/6/2024 CLOSED SESSION REPORT MINUTES: City Attorney Sonia Carvalho announced that an item was added to the closed session involving the California Department of Public Health's approval for a syringe/needle exchange delivery program, and reported that City Council authorized a challenge to the approval. PUBLIC COMMENT — Public comments will be held during the beginning of the meeting for ALL comments on agenda and non -agenda items, except for public hearings. Comments for public hearings will take place after the hearing is opened. MINUTES: The following speakers addressed Council via teleconference: 1. Daisy Ramirez spoke in opposition to Agenda Item No. 14. 2. Kara Sandoval expressed concern and spoke in opposition to Agenda Item No. 14. 3. Sonia Hernandez spoke in support of Agenda Item No. 14 4. Eve Garrow urged rejection for Agenda Item No. 14. 5. Pat Davis expressed concern regarding Agenda Item No. 14. 6. Lou Noble spoke regarding Agenda Item No. 14. 7. Martha Molina thanked Mayor Amezcua regarding the needle exchange program, and spoke in support of Agenda Item No. 14. 8. Victor Payan invited the public to attend their Free Smart Walk South Main Arts Retail and Technology Resource Fair, spoke in support of revisiting fees for community centers, and spoke in opposition to Agenda Item No. 27. The following speakers addressed Council in -person: 9. Angela Capoccia spoke in support of permit parking. 10. Alan Cottle expressed concern regarding permit parking and the risk for children when parking cars on a street. 11. Adam Zylstra spoke in support of permit parking and asked for support from Code Enforcement. 12. Brad Day spoke in opposition to permit parking and stated it is unsafe. 13. Janella Simpson spoke regarding Agenda Item No. 13. 14. Josey Tenorio commented on violence and murders against women and spoke in opposition to Agenda Item No. 14. City Council 5 08/15/2023 City Council 7 — 26 2/6/2024 15. James Rocha questioned why the art show at the Chicano Heritage Festival was cancelled. 16. Abram Moya Jr. echoed previous comments. 17. Tonatzin Reyes spoke in opposition to the cancellation of the art show. 18. Dale Helvig spoke in support of Agenda Item No. 14, spoke in opposition to the needle exchange program, and asked for support for the residents of Maui. 19. Uma Upasani spoke in opposition to Agenda Item No. 14. 20. David Ball asked for the cancelled art show to resume and expressed support forAgenda Item No. 14. 21. Kimberly Adams expressed concern regarding Agenda Item No. 14. 22. Danny Vega commented on the homelessness issue and affordable housing. 23. Maura Mikulec commented on Agenda Item No. 14 and the limited options for homeless individuals. 24. David Duran spoke in opposition to Agenda Item No. 14. 25. Brian Mendoza commented on the benefits of housing and spoke in opposition to Agenda Item No. 14. 26. Adam Overton spoke in opposition to Agenda Item No. 14. 27. Irma Juaregui expressed support for Agenda Item No. 14. 28. John Ramirez echoed previous comments and disagreed with the syringe distribution program. 29. Daniel Riley spoke in opposition to Agenda Item No. 14. 30. Frida Ramirez spoke in support of Agenda Item No. 14 31. Claudio Bornancini echoed previous comments. 32. Bertha Carrillo asked for solutions on homelessness. 33. Victor Mendez commented on Agenda Item No. 14. 34. Juliana Musheyev spoke in opposition to Agenda Item No. 14. City Council 6 08/15/2023 City Council 7 — 27 2/6/2024 35. Nellie Le Gaspe expressed concern regarding a resident of Garden Grove slandering her at City Council meetings. 36.Iveen Roubedeaux expressed concern regarding the resident of Garden Grove slandering Nellie. City Clerk Jennifer L. Hall reported out the summary of email comments received: four (4) comments regarding Agenda Item No. 4, two (2) comments on Agenda Item No. 12, 134 comments related to Agenda Item No. 14, one (1) comment on Agenda Item No. 15, two (2) comments on Agenda Item No. 27, 24 comments on Agenda Item No. 29, and ten (10) non -agenda comments. CONSENT CALENDAR RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 5 through 26 and waive reading of all resolutions and ordinances. MINUTES: At 9:04 P.M., the Consent Calendar was considered. Councilmember Hernandez moved the calendar and pulled Agenda Item No. 14 for separate discussion and consideration. Councilmember Bacerra pulled Agenda Item Nos. 12 and 14 for separate discussion and consideration. Councilmember Phan recused herself from Agenda Items Nos. 9 and 22 as the listed entities are clients of her employer, Rutan & Tucker. Councilmember Vazquez pulled Agenda Item No. 14 for separate discussion and consideration. Councilmember Penaloza pulled Agenda Item Nos. 9, 16, and 26 for separate discussion and consideration. Mayor Pro Tem Lopez pulled Agenda Item No. 9 for separate discussion and consideration. Mayor Amezcua requested to comment on Agenda Item No. 15. MOTION: Councilmember Hernandez moved to approve the Consent Calendar with the exceptions of Agenda Items No. 9, 12, 14, 16, and 26, seconded by Councilmember Bacerra. The motion carried, 7-0, by the following roll call vote: City Council 7 08/15/2023 City Council 7 — 28 2/6/2024 AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA NOES: NONE ABSTAIN: NONE ABSENT: NONE Status: 7-0 — Pass 5. Excused Absences Department(s): City Clerk's Office Recommended Action: Excuse the absent members. 6. Appoint Maria Baeza Nominated by Mayor Pro Tern Lopez as the Ward 3 Representative to the Environmental and Transportation Advisory Commission for a Partial -Term Expiring December 10, 2024 Department(s): City Clerk's Office Recommended Action: Appoint Maria Baeza to the Environmental and Transportation Advisory Commission as the Ward 3 representative and administer the Oath of Office. MINUTES: City Clerk Jennifer L. Hall administered the Oath of Office to Maria Baeza. 7. (Re)appoint Members to the Workforce Development Board for a Four -Year Term Department(s): Community Development Agency Recommended Action: 1. Reappoint Ignacio Alegre, Gail Araujo, Annebelle Nery, Enrique Perez, Johanna Rivera, Bob Tucker, and Dennis Varnum to the Santa Ana Workforce Development Board for a four-year term expiring May 31, 2027. 2. Appoint Veronica Hernandez (replacing Magdalena Fernandez) for a partial four-year term expiring May 31, 2026. 3. Appoint Rhonda Miller (replacing Stacey Sanchez) for a partial four-year term expiring May 31, 2026. 8. Authorize Staff to Provide a Letter of Interest to CalOptima Health to Have the City of Santa Ana be Considered as a Future Expansion City for its Street Medicine Program Department(s): Community Development Agency Recommended Action: Authorize staff to provide a Letter of Interest to CalOptima Health to launch a Street Medicine Program in the City of Santa Ana that will provide health and social care developed specifically to address the complex needs and circumstances of unhoused, unsheltered individuals in the City of Santa Ana. City Council 08/15/2023 City Council 7 — 29 2/6/2024 9. Approve a Modification to the Fiscal Year 2023-24 Annual Action Plan and Budget for the Emergency Solutions Grant Program Department(s): Community Development Agency Recommended Action: 1. Approve a modification to the Fiscal Year 2023-24 Annual Action Plan and Budget for the Emergency Solutions Grant Program. 2. Direct the City Attorney to finalize and authorize the City Manager to execute a subrecipient agreement with Illumination Foundation, in the amount of $100,000, for a term beginning August 15, 2023 — June 30, 2024, for rapid rehousing and homeless prevention activities, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. A-2023-145). MINUTES: Councilmember Phan recused herself from Agenda Item No. 9 as the listed entity is a client of her employer, Rutan & Tucker, and left the dais at 9:08 P.M. Councilmember Penaloza expressed support of the item and asked City Manager Ridge and City Attorney Sonia Carvalho to revise the language to include various forms of public transit to be included in the use of funds. Councilmember Hernandez expressed support for the item. Mayor Pro Tem Lopez asked City Manager Ridge for clarification on the language within the agreement regarding legal services. Community Development Executive Director Mike Garcia called upon Jordan from Illumination Foundation for further explanation. Jordan Hoiberg, Illumination Foundation, provided clarification regarding legal services. Mayor Pro Tern Lopez thanked Jordan for the clarification and requested a quarterly report be compiled to include information as to how many people are assisted and the associated cost. Mayor Amezcua added and asked to arrange that no children are sheltered, and that they be relocated to motels or forever homes. City Manager Kristine Ridge assured Mayor Amezcua that her request would be accommodated. MOTION: Councilmember Penaloza moved to approve the recommended action for Item No. 9, as amended to include public transit and quarterly reports, seconded by Councilmember Hernandez. The motion carried, 6-0-1, by the following roll call vote: City Council 0 08/15/2023 City Council 7 — 30 2/6/2024 AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA NOES: NONE ABSTAIN: COUNCILMEMBER PHAN (recusal) ABSENT: NONE Status: 6-0-1— Pass MINUTES: Councilmember Phan returned to the dais at 9:17 P.M. 10. Approve Appropriation Adjustment to Program Year 2023-24 Budget for the National Dislocated Worker Grant and Workforce Innovation and Opportunity Act Programs Department(s): Community Development Agency Recommended Action: 1. Approve an appropriation adjustment recognizing additional National Dislocated Worker Grant, Employment Recovery funds from the State of California, Employment Development Department to provide re-employment and training services to individuals impacted by COVID-19 in the amount of $360,000 in revenue account (no. 12318002-52009) and appropriating same to expenditure account (no. 12318762-6xxxx) (Requires five affirmative votes). 2. Approve an appropriation adjustment recognizing $2,884 in additional Dislocated Worker Title Workforce Innovation and Opportunity Act funds from Program Year 2022-23 in revenue account (no. 12318002-52001) and appropriating same to expenditure accounts (no. 12318752-61000 and 12318754-69138) for Program Year 2023-24 (Requires five affirmative votes). 11. Agreement with the State of California Workforce Development Board for the Prison to Employment (132E) 2.0 Grant Department(s): Community Development Agency Recommended Action: Authorize the City Manager or designee to execute an agreement with the State of California Workforce Development Board (M90462- 7120) for the Prison to Employment 2.0 Grant, for a term from August 16, 2023 through December 31, 2025, in an amount not to exceed $927,341.16, subject to non- substantive changes approved by the City Manager and City Attorney (Agreement No. A-2023-146). 12. Authorize a Purchase and Sale Agreement in the Amount of $3,826,000 for Full Real Property Acquisition for 28 Civic Center Plaza (Property Owner: State of California) (Non -General Fund) Department(s): Community Development Agency City Council 10 08/15/2023 City Council 7 — 31 2/6/2024 Recommended Action: Authorize the City Manager to execute the Purchase and Sale Agreement and all required documents for the acquisition of real property located at 28 Civic Center Plaza (APN: 008-067-36), in the amount of $3,826,000 plus closing costs and escrow fees, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. A-2023-147). MINUTES: Councilmember Penaloza expressed support for the item and stated, for the record, that the future Civic Center will include State and Federal Government offices alongside the City and County buildings. MOTION: Councilmember Bacerra moved to approve the recommended action for Item No. 12, seconded by Mayor Amezcua. The motion carried, 7-0, by the following roll call vote: AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ, MAYOR NOES: AMEZCUA ABSTAIN: NONE ABSENT: NONE Status: 7-0 — Pass 13. Receive and File the Orange County Grand Jury's Investigative Report, Findings, and Recommendations Regarding Group Homes and the Orange County Animal Care Shelter and Authorize the City Manager to Deliver the City's Response to the Findings and Recommendations to the Presiding Judge of the Superior Court Department(s): Planning and Building Agency Recommended Action: Receive and File the Orange County Grand Jury's Investigative Report, Findings, and Recommendations Regarding Group Homes and the Orange County Animal Care Shelter and Authorize the City Manager to Deliver the City's Response to the Findings and Recommendations to the Presiding Judge of the Superior Court. 14. Public Intoxication and Substance Abuse Enforcement Informational Report Department(s): Police Department Recommended Action: Receive and file. MINUTES: City Manager Kristine Ridge explained that the Public Intoxication and Substance Abuse Enforcement received majority vote for implementation two (2) City Council meetings prior, and this item was solely a receive and file. Councilmember Vazquez stated the City of Santa Ana should not be the bearer to solve the issue and called for a creation of an Unhoused Committee. City Council 11 08/15/2023 City Council 7 — 32 2/6/2024 Councilmember Hernandez spoke in opposition to police involvement with homelessness. Councilmember Phan spoke in support of the item. Mayor Pro Tem Lopez expressed support for Chief Valentin and stated the plan was implemented as a result of resident pleas. Councilmember Penaloza clarified that the Public Intoxication and Substance Abuse Enforcement is not to target homeless and spoke in support of the item. Councilmember Bacerra asked when residents should see the policy in effect. Police Chief David Valentin stated the policy is in full effect and quarterly reports would be provided. Councilmember Penaloza thanked Chief Valentin and his team for being proactive at the Santa Ana hot spots. Councilmember Vazquez thanked Chief Valentin and requested the list of priorities for the Police Department to review where the Public Intoxication and Substance Abuse Enforcement would be on that list. Discussion ensued regarding medical care within jail facilities. Mayor Amezcua requested monthly reports. No formal action taken. 15. Street Naming No. 2023-01 to Change the Name of a Segment of North Mabury Street and South Elk Lane between East Fourth Street and East Chestnut Avenue, Adjacent to the Santa Ana Zoo, to South Zoo Lane Department(s): Parks, Recreation, and Community Services Recommended Action: Affirm the Planning Commission's adoption of a resolution approving Street Naming No. 2023-01 to change the name of segments of North Mabury Street and South Elk Lane between East Fourth Street and East Chestnut Avenue, adjacent to the Santa Ana Zoo, to South Zoo Lane. MINUTES: Mayor Amezcua called upon Director of Parks and Recreation Scott. Director of Parks and Recreation Hawk Scott provided a brief history, and presented the new street sign of Zoo Lane. City Council 12 08/15/2023 City Council 7 — 33 2/6/2024 16. Receive and File Informational Report Regarding Partnership Agreements with the Office of Congressman Lou Correa and the Office of Supervisor Vicente Sarmiento for Chicano Heritage Festival 2023 Department(s): Parks, Recreation, and Community Services Recommended Action: 1. Receive and File Informational Report Regarding Partnership Agreements with the Office of Congressman Lou Correa and the Office of Supervisor Vicente Sarmiento for Chicano Heritage Festival 2023. 2. Approve an appropriation adjustment to recognize a total financial donation in the amount of $5,000 from the Office of Congressman Lou Correa. (Requires five affirmative votes) 3. Approve an appropriation adjustment to recognize a total financial donation in the amount of $10,000 from the Office of Supervisor Vicente Sarmiento. (Requires five affirmative votes) MINUTES: Councilmember Penaloza spoke in opposition to the item, due to an elected official's involvement. Councilmembers Hernandez and Vazquez expressed their support for the item and extended their gratitude to the elected officials for their donations to the Chicano Heritage Festival. Councilmember Phan expressed her support for those willing to work with the City of Santa Ana to donate to the Chicano Heritage Festival. Councilmembers Vazquez and Hernandez spoke regarding the political aspect of the event. MOTION: Councilmember Hernandez moved to approve the recommended action for Item No. 16, seconded by Councilmember Vazquez. SUBSTITUTE MOTION: Councilmember Phan moved to approve the recommended action for Item No. 16, with the direction to staff to review the policy related to elected officials and candidates as potential sponsors, seconded by Councilmember Hernandez. The substitute motion failed, 3-3-0-1, by the following roll call vote: AYES: COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ NOES: COUNCILMEMBER BACERRA, COUNCILMEMBER PENALOZA, MAYOR AMEZCUA ABSTAIN: NONE ABSENT: MAYOR PRO TEM LOPEZ Status: 3-3-0-1— FAIL City Council 13 08/15/2023 City Council 7 — 34 2/6/2024 MOTION: Councilmember Hernandez moved to approve the recommended action for Item No. 16, seconded by Councilmember Vazquez. The motion failed, 3-3-0-1, by the following roll call vote: AYES: COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ NOES: COUNCILMEMBER BACERRA, COUNCILMEMBER PENALOZA, MAYOR AMEZCUA ABSTAIN: NONE ABSENT: MAYOR PRO TEM LOPEZ Status: 3-3-0-1— FAIL (See page No. 22 for the reconsideration of Agenda Item No. 16.) 17. Approve an Appropriation Adjustment to Receive Sponsorship Funds from, and Enter into Sponsorship Agreement with, Laborers' International Union Local #652 for the Chicano Heritage Festival 2023 Department(s): Parks, Recreation, and Community Services Recommended Action: 1. Approve an appropriation adjustment to recognize a total amount of $7,000 in Sponsorship Funds from Laborers' International Union Local #652. (Requires five affirmative votes) 2. Authorize the City Manager to execute a Sponsorship Agreement with Laborers' International Union Local #652, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. A-2023-148). 18. Receive and file Quarterly Report of Contracts authorized by the City Manager as permitted by Charter Section 421. Department(s): Finance and Management Services Recommended Action: Receive and file Quarterly Report of Contracts entered into between April 1, 2023 to June 30, 2023. 19. Amend Aggregate Blanket Order Contracts for Office Furniture, Installation, and Related Services with GM Business Interiors, People Space, Inc., Pivot Interiors, Inc., Quality Office Furnishing, Inc., Culver -Newlin, Inc., and Yamada Enterprises, and include National Business Furniture to the list of approved vendors on contract, for a new not -to -Exceed Aggregate Amount of $10,507,548. (Specification No. 19-114, 23- 080, 23-081, 23-082, 23-092) (General and Non -General Fund) Department(s): Finance and Management Services City Council 14 08/15/2023 City Council 7 — 35 2/6/2024 Recommended Action: 1. Authorize the City Manager to execute an amendment to increase the aggregate contract authority by $4,480,000 for various citywide furniture projects, for a new aggregate not to exceed amount of $10,507,548. 2. Authorize the City Manager to include National Business Furniture in the list of approved vendors on the aggregate contracts listed below, with a term expiring on May 31, 2026, with provisions for one additional renewal option, subject to non- substantive changes approved by the City Manager and City Attorney. Vendor Culver -Newlin GM Business Interiors National Business Furniture People Space Pivot Interiors Quality Office Furnishings, Inc. Yamada Enterprises 20. Historic Property Preservation Agreement Department(s): Planning and Building Agency Location Corona, CA Riverside, CA Milwaukee, WI Irvine, CA Costa Mesa, CA Yorba Linda, CA Huntington Beach, CA Recommended Action: Authorize the City Manager or designee to execute the Mills Act agreement with the below -referenced property owners for the identified structure(s), subject to non -substantive changes approved by the City Manager and City Attorney. Property Historic Address/House Vote by HRC Owner(s) Property Preservation Daniel and Diana 2023-06 621 North 5:0:0:3 Vogel Spurgeon Street (Jauregui, (Agreement No. Shipp, and No. A-2023-149) Cornelius Absent 21. Approve an Appropriation Adjustment for the Santiago Park Trail and Habitat Restoration Project (Project No. 24-6601) (Non -General Fund) Department(s): Public Works Agency Recommended Action: Approve an appropriation adjustment to recognize the State Coastal Conservancy grant revenue of $400,000 into the Public Works Agency (PWA) Parks Capital Grants, State Grant -Direct Revenue Account and appropriate the same amount into the SA River Conservancy Program, Improvements Other Than Buildings. (Requires five affirmative votes) City Council 15 08/15/2023 City Council 7 — 36 2/6/2024 22. Award Aggregate Blanket Order Contracts to ADT, LLC, Siemens Industry, Inc., and VFS Fire & Security Services for Fire Alarm and Sprinkler Systems Inspection, Repair, and Maintenance Services in a Not -to -Exceed Aggregate Amount of $2,000,000 (Specification No. 23-063) (General and Non -General Fund) Department(s): Public Works Agency Recommended Action: Award aggregate blanket order contracts to ADT, LLC, Siemens Industry, Inc., and VFS Fire & Security Services for fire alarm and sprinkler systems inspection, repair, and maintenance services on an as needed basis, in an annual amount not to exceed $400,000, with a total aggregate amount not to exceed $2,000,000 for an initial one-year term beginning September 1, 2023 and expiring August 31, 2024, with provisions for four, one-year renewal options, subject to non- substantive changes approved by the City Manager and City Attorney. MOTION: Councilmember Hernandez moved to approve the recommended action for Item No. 22 as part of the Consent Calendar, seconded by Councilmember Bacerra. The motion carried, 6-0-1, by the following roll call vote: AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA NOES: NONE ABSTAIN: COUNCILMEMBER PHAN (recusal) ABSENT: NONE Status: 6-0-1— PASS 23. Approve an Agreement with ELS Architecture and Urban Design for Architectural Design Services of the Memorial Park and Aquatics Facility Renovation (Project No. 22-1415) (Non -General Fund) (Revive Santa Ana) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute a consultant agreement with ELS Architecture and Urban Design to provide master planning, contract documents, and construction support for the Memorial Park and Aquatics Facility Renovation in the amount of $1,547,104, with a contingency of $232,066, for a total amount not to exceed $1,779,170, for a three-year term beginning August 15, 2023 and expiring August 14, 2026, with an option for two, one-year extensions, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. A-2023-150). City Council 16 08/15/2023 City Council 7 — 37 2/6/2024 24. Approve Agreement Amendments with On -Call Stormwater Project Design Consultants Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute a first amendment to the agreements with Tetra Tech, Inc., CWE, and Stantec Consulting Services, Inc. to increase the total expenditure amount for the remaining term of the agreement ending October 19, 2023, and for the optional two-year extension period through October 19, 2025, by an aggregate amount of $2,000,000, for a total amount not -to -exceed $4,000,000, subject to non -substantive changes approved by the City Manager and City Attorney (Core Agreement No. A-2023-151). 25. Approve an Amendment to the Agreement with T.R. Holliman and Associates, Inc. for the Preparation of Recycled Water Master Plan to Extend the Agreement Term (Non - General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to approve the second amendment to agreement with T.R. Holliman and Associates, Inc. for the Preparation of Recycled Water Master Plan to extend the agreement term by one year, for a term beginning August 19, 2023 and ending on August 18, 2024, with no supplementary expenses to the executed amount of $442,418, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. A-2023-152). 26. City Manager Evaluation and Adopt a Resolution to Reflect Positive Performance Evaluation Conducted on August 1, 2023 and Approving an Amended Annual Salary for the City Manager, and Take Formal Action by Majority Vote of the City Council to Not Extend the City Manager's Employment Agreement for One Additional Year Department(s): Human Resources Recommended Action: 1. Adopt a resolution affirming positive evaluation results and approving an adjusted annual salary for the City Manager, and RESOLUTION NO. 2023-053 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING A SALARY ADJUSTMENT FOR THE CITY MANAGER BASED ON EMPLOYEE PERFORMANCE 2. Take formal action by majority vote of the City Council to not extend the City Manager's Employment Agreement for one additional year. MINUTES: Councilmember Penaloza thanked City Manager Ridge for her five years of service to the City of Santa Ana. City Council 17 08/15/2023 City Council 7 — 38 2/6/2024 MOTION: Councilmember Penaloza moved to approve the recommended action for Item No. 26 and amend the salary increase to 5 percent (5%), seconded by Councilmember Vazquez. MINUTES: Councilmember Vazquez thanked City Manager Ridge for her hard work and dedication and spoke in support of Councilmember Penaloza' s motion. Councilmember Phan thanked City Manager Ridge for her service and leadership. AMENDED MOTION: Councilmember Penaloza moved to approve the recommended action for Item No. 26, as amended to include a five percent (5%) increase retroactively to July 1, 2022 and not extend the City Manager's contract by one additional year, seconded by Councilmember Vazquez. The motion carried, 6-0-1, by the following roll call vote: AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ, MAYOR AMEZCUA NOES: NONE ABSTAIN: NONE ABSENT: MAYOR PRO TEM LOPEZ Status: 6-0-1— PASS (See page no. 23 for the reconsideration of Agenda Item No. 26.) **END OF CONSENT CALENDAR** BUSINESS CALENDAR MINUTES: At 10:34 P.M., the Business Calendar was considered. 27. Accept the Certificate of Sufficiency for Petition to Recall Councilmember Jessie Lopez, City Council, Ward 3, and Adopt Resolutions Calling a Special Election and Adopting a Regulation for Officer's Statement Department(s): City Clerk's Office Recommended Action: 1. Approve resolution accepting the certification of the Orange County Registrar of Voters as to the verification of signatures and the City Clerk's Certificate of Sufficiency for petition seeking to recall Councilmember Jessie Lopez, City Council, Ward 3; and City Council IE 08/15/2023 City Council 7 — 39 2/6/2024 RESOLUTION NO. 2023-054 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ACCEPTING THE CERTIFICATE AS TO VERIFICATION OF SIGNATURES ON PETITION AND CERTIFICATE OF SUFFICIENCY FOR PETITION TO RECALL COUNCILMEMBER JESSIE LOPEZ 2. Approve two resolutions: 1.) Calling and giving notice of a Special Municipal Election for the submission of the question of the recall of Councilmember Jessie Lopez to a vote by the electorate of Ward 3 of the City of Santa Ana and requesting specified services from the County of Orange to conduct said election, and RESOLUTION NO.2023-055 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL ELECTION TO BE HELD I N C O U N C I L W A R D 3 ON TUESDAY, NOVEMBER 14, 2023 FOR SUBMISSION OF THE QUESTION OF THE RECALL OF CERTAIN OFFICERS AND REQUESTING SPECIFIED SERVICES FROM THE COUNTY OF ORANGE TO CONDUCT SAID ELECTION 2.) Adopting a regulation for officer's statement and establishing a system for payment of the cost of inclusion of the statement in the voter information guide. RESOLUTION NO.2023-056 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADOPTING A REGULATION FOR AN OFFICER WHOSE RECALL IS BEING SOUGHT PERTAINING TO A STATEMENT SUBMITTED TO THE VOTERS AT A SPECIAL ELECTION ON TUESDAY NOVEMBER 14, 2023 AND ESTABLISHING A SYSTEM FOR PAYMENT OF THE COST OF INCLUSION OF THE OFFICER'S STATEMENT IN VOTER INFORMATION GUIDE/PAMPHLET AND/OR ELECTRONIC COPY MINUTES: Mayor Pro Tem Lopez recused herself from Agenda Item No. 27 and left the dais. City Clerk Jennifer L. Hall presented the staff report. Councilmember Vazquez spoke in opposition to the Special Municipal Election Recall and provided various comments regarding misinformation being provided to the public. MOTION: Councilmember Vazquez moved to approve the recommended action for Item No. 27 and set the Special Municipal Recall Election date of Tuesday November 14, 2023, seconded by Councilmember Hernandez. Councilmember Hernandez provided various comments and spoke in opposition to the Special Municipal Recall Election. City Council 19 08/15/2023 City Council 7 — 40 2/6/2024 Councilmember Phan spoke regarding the funds expended on the special election and stated that the funds would be better -utilized providing services to residents. Councilmember Bacerra spoke on the narrative used to describe the Police Department and spoke in support of setting an election date. Mayor Amezcua spoke regarding her previous candidate endorsements and spoke in support of the proposed Tuesday November 14, 2023 election date. The motion carried, 6-0-1, by the following roll call vote: AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ, MAYOR AMEZCUA NOES: NONE ABSTAIN: MAYOR PRO TEM LOPEZ (recusal) ABSENT NONE Status: 6-0-1— PASS **END OF BUSINESS CALENDAR** PUBLIC HEARINGS PUBLIC COMMENTS — Members of the public may address the City Council on each of the Public Hearing items. 28. Public Hearing: Adopt a Resolution Rescinding Water Supply Shortage Level Two Declaration Legal notice published in the OC Reporter on August 4, 2023. Department(s): Public Works Agency Recommended Action: Adopt a resolution rescinding the current Water Supply Shortage Level Two declaration. RESOLUTION NO. 2023-057 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA LOWERING THE CITY'S DROUGHT WATER CONSERVATION STANDARD FROM A WATER SHORTAGE LEVEL 2 TO A WATER SHORTAGE LEVEL 0. MINUTES: Mayor Amezcua open the Public Hearing at 10:50 P.M. There being no speakers, Mayor Amezcua closed the Public Hearing at 10:51 P.M. Mayor Pro Tem Lopez returned to the dais at 10.52 P.M. City Council 20 08/15/2023 City Council 7 — 41 2/6/2024 MOTION: Councilmember Hernandez moved to approve the recommended action for Public Hearing Item No. 28, seconded by Mayor Amezcua. The motion carried, 6-0-1, by the following roll call vote: AYES COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA NOES NONE ABSTAIN NONE ABSENT COUNCILMEMBER BACERRA STATUS 6-0-1 — Pass 29. CANCELLED — Public Hearing — Adopt a Resolution Vacating the Portion of Public Right -of -Way Adjacent to 2383 North Flower Street, Abandonment 23-01. Legal Notice published in the Orange County Reporter on August 2 and 9, 2023. Notice of Cancellation posted on August 8, 2023 and published in Orange County Reporter on August 11, 2023. Department(s): Public Works Agency Recommended Action: This public hearing will be re -noticed and heard at a later date. No public testimony will be heard on August 15, 2023. MINUTES: City Clerk Jennifer L. Hall stated that Public Hearing Item No. 29 was cancelled and would be re -noticed and heard at a later date. CITY MANAGER COMMENTS MINUTES: City Manager Kristine Ridge announced that volunteers are needed for the annual coastal clean-up event, the Public Works Agency was awarded $7, 000, 000 for the Santa Ana Boulevard restoration project, and applications are being accepted for the Environmental Justice Committee, and commented on the upcoming Chicano Heritage Festival and Zoofari Fundraiser. COUNCIL COMMENTS AB1234 DISCLOSURE — If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended. MINUTES: Councilmember Vazquez spoke regarding the first day of the new school year, the lack of crossing guards, and safe street crossing. Councilmember Hernandez thanked the community for their participation and requested the Chicano Art Show be brought back to the Chicano Heritage Festival. He spoke regarding a potential Brown Act violation, provided a brief comment on a personal matter, and requested privacy for himself and his family. City Council 21 08/15/2023 City Council 7 — 42 2/6/2024 Councilmember Phan announced various upcoming community events: the Housing Authority Forum on August 19, 2023, the Village Santa Ana Sunshine meeting on August 23, 2023, and the Com-link meeting on August 31, 2023. Councilmember Penaloza thanked the residents who spoke in support of Agenda Item No. 14. At 11.02 P.M. Mayor Pro Tem Lopez requested Agenda Item Nos. 16 and 26 be reconsidered. Mayor Amezcua permitted the re -discussion and consideration of Agenda Item 16. AGENDA ITEM NOS. 16 & 26 WERE RECONSIDERED 16. Receive and File Informational Report Regarding Partnership Agreements with the Office of Congressman Lou Correa and the Office of Supervisor Vicente Sarmiento for Chicano Heritage Festival 2023 Department(s): Parks, Recreation, and Community Services Recommended Action: 1. Receive and File Informational Report Regarding Partnership Agreements with the Office of Congressman Lou Correa and the Office of Supervisor Vicente Sarmiento for Chicano Heritage Festival 2023. 2. Approve an appropriation adjustment to recognize a total financial donation in the amount of $5,000 from the Office of Congressman Lou Correa. (Requires five affirmative votes) 3. Approve an appropriation adjustment to recognize a total financial donation in the amount of $10,000 from the Office of Supervisor Vicente Sarmiento. (Requires five affirmative votes) MOTION: Councilmember Hernandez moved to approve the recommended action for Item No. 16, seconded by Mayor Pro Tern Lopez. SUBSTITUTE MOTION: Councilmember Phan moved to approve, as amended, to approve staff recommendations and direct staff to bring the policy back for future discussion regarding elected officials or candidate endorsements, seconded by Mayor Amezcua. City Council 22 08/15/2023 City Council 7 — 43 2/6/2024 The substitute motion failed, 3-4, by the following roll call vote: AYES: COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PHAN COUNCILMEMBER VAZQUEZ NOES: COUNCILMEMBER BACERRA, COUNCILMEMBER, COUNCILMEMBER PENALOZA, MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA ABSTAIN: NONE ABSENT: NONE Status: 3-4— FAIL (requires five affirmative votes) MOTION: Councilmember Hernandez moved to approve the recommended action for Item No. 16, seconded by Mayor Pro Tern Lopez. The motion failed, 4-3, by the following roll call vote: AYES: COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ NOES: COUNCILMEMBER BACERRA, COUNCILMEMBER PENALOZA, MAYOR AMEZCUA ABSTAIN: NONE ABSENT: NONE Status: 4-3 — Fail (requires five affirmative votes) 26. City Manager Evaluation and Adopt a Resolution to Reflect Positive Performance Evaluation Conducted on August 1, 2023 and Approving an Amended Annual Salary for the City Manager, and Take Formal Action by Majority Vote of the City Council to Not Extend the City Manager's Employment Agreement for One Additional Year Department(s): Human Resources Recommended Action: 1. Adopt a resolution affirming positive evaluation results and approving an adjusted annual salary for the City Manager, and RESOLUTION NO. 2023-053 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING A SALARY ADJUSTMENT FOR THE CITY MANAGER BASED ON EMPLOYEE PERFORMANCE 2. Take formal action by majority vote of the City Council to not extend the City Manager's Employment Agreement for one additional year. MINUTES: At 11:04 P.M., Agenda Item No.26 was reconsidered. MOTION: Councilmember Phan moved to reconsider Agenda Item No. 26, seconded by Councilmember Hernandez. The motion carried, 6 -1, by the following roll call vote: City Council 23 08/15/2023 City Council 7 — 44 2/6/2024 AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA NOES: COUNCILMEMBER PENALOZA ABSTAIN: NONE ABSENT: NONE Status: 6-1 — Pass MOTION: Councilmember Penaloza moved to approve the recommended action for Item No. 26 as amended to include a five percent (5%) increase retroactively to July 1, 2022 and not extend the City Manager's contract by one additional year, seconded by Councilmember Vazquez. The motion carried, 7-0, by the following roll call vote: AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA NOES: NONE ABSTAIN: NONE ABSENT: NONE Status: 7-0 — Pass COUNCILMEMBER COMMENTS CONTINUED: MINUTES: Mayor Pro Tem Lopez expressed disappointment regarding Agenda Item No.16 and wished staff luck in securing additional funding for the Chicano Heritage Festival. She spoke regarding falsehoods being told to the public regarding her proposed recall election. Councilmember Bacerra thanked the community for their participation and spoke in opposition to the State's decision to allow needle distribution in the City. Mayor Amezcua commented on affordable housing in the City and requested additional information regarding the Chicano Art Show. City Manager Kristine Ridge provided brief clarification regarding the Art Show. Mayor Amezcua announced a Housing Informational meeting at El Salvador Park on August 24, 2023, at 6:00 P.M. and Coffee with the Mayor at French Park on August 26, 2023. She spoke regarding various issues she has had to address while in office. She noted that an ad hoc committee had been created to address an alleged Code of Ethics violation by a member of the City Council, as required by the Charter. She further noted that a separate complaint submitted by Councilmember Hernandez against herself and three other councilmembers had been referred to the District Attorney's Office for investigation. City Council 24 08/15/2023 City Council 7 — 45 2/6/2024 ADJOURNMENT — Adjourn the City Council meeting. MINUTES: Mayor Amezcua adjourned the City Council meeting at 11: 26 P. M. Respectfully submitted: Jennifer L. Hall, CMC City Clerk City Council 25 08/15/2023 City Council 7 — 46 2/6/2024 DRAF" Minutes of the Special Meeting of the City Council City of Santa Ana, California August 29, 2023 REGULAR OPEN MEETING - 5:30 P.M. CITY COUNCIL CHAMBER 22 Civic Center Plaza Santa Ana, CA 92701 CITY COUNCIL SPECIAL OPEN SFSSInN CALL TO ORDER MINUTES: Mayor Pro Tem Lopez called the Special City Council Meeting to order at 5. 37 P.M. ATTENDANCE Council Members Mayor Pro Tern Mayor City Manager City Attorney City Clerk CITY COUNCIL Phil Bacerra Johnathan Ryan Hernandez David Penaloza Thai Viet Phan Benjamin Vazquez Jessie Lopez Valerie Amezcua Kristine Ridge Sonia R. Carvalho Jennifer L. Hall 1 8/29/2023 City Council 7 — 47 2/6/2024 ROLL CALL MINUTES: City Clerk Jennifer L. Hall conducted roll call. Councilmembers Bacerra, Hernandez, Penaloza, Phan, and Vazquez, and Mayor Pro Tem Lopez were present. Mayor Amezcua was absent. PLEDGE OF ALLEGIANCE Councilmember Penaloza WORDS OF INSPIRATION Pastor Dion Thomas, Sonrise Community Christian Church ADDITIONS\DELETIONS TO THE AGENDA MINUTES: City Clerk Jennifer L. Hall announced that the Ceremonial Presentation Certificate of Recognition presented to the City's Housing Division Team has been removed and postponed to a later date. CEREMONIAL PRESENTATIONS 1. Proclamation presented by Mayor Amezcua and Councilmember Penaloza to the Orange County Hunger Alliance declaring September 2023 as Hunger Action Month. 2. Certificates of Recognition presented by Mayor Pro Tern Lopez to the City's Housing Division Team for Outstanding Contributions to the Community. (Removed from agenda) 3. Certificate of Recognition presented by Councilmember Vazquez to VietRISE for Outstanding Contributions to the Community. MINUTES: Ceremonial Presentation Agenda Item No. 2 was not presented. Councilmember Penaloza proclaimed September 2023 as Hunger Action Month and presented the proclamation to Orange County Hunger Alliance. Councilmember Vazquez presented a certificate of recognition to VietRISE for outstanding contributions to the community. PUBLIC COMMENT — Public comments will be held during the beginning of the meeting for ALL comments on agenda items. MINUTES: The following speakers addressed Council via teleconference. - I. Tanya Skarzynski spoke regarding Agenda Item No. 21 and expressed concern regarding releasing tenant's leasing information. CITY COUNCIL 2 8/29/2023 City Council 7 — 48 2/6/2024 2. Gemma Suarez expressed support for Agenda Item No. 21. 3. Juliana Musheyev expressed support for Agenda Item No. 21. 4. Mextli Lopez expressed support for Agenda Item No. 21. 5. Sue Loflin spoke regarding Agenda Item No. 21. 6. Sarah Perez expressed support for Agenda Item No. 21. The following speakers addressed Council in -person: 7. Clay Hague spoke in opposition to Agenda Item No. 21. 8. Tim Johnson spoke regarding Agenda Item No. 21. 9. Nathaniel Greensides spoke regarding Agenda Item No. 21. 10. Ana Charco expressed Latino Health Access's support for Agenda Item No. 21. II.Daniel Marin expressed concern for Agenda Item Nos. 8, 9, and 10 and spoke regarding Agenda Item No. 21. 12. Silvia Avendano (translation: Spanish) spoke in support of Agenda Item No. 21. 13. Tracy La spoke in support of Agenda Item Nos. 18 and 21 and in opposition to Agenda Item No. 14. 14. Celine Nguyen spoke in support of Agenda Item Nos. 18 and 21 and in opposition to Agenda Item No. 14. 15.Lisa Nguyen spoke in support of Agenda Item Nos. 18 and 21, and in opposition to Agenda Item No. 14. 16. Chloe Vo spoke in support of Agenda Item Nos. 18 and 21 and in opposition to Agenda Item No. 14. 17. Eric Do expressed support for Agenda Item Nos. 18 and 21 and opposition to Agenda Item No. 14. 18. Celeste Vasquez spoke in support of Agenda Item Nos. 18 and 21 and in opposition to Agenda Item No. 14. 19. Tu Hoang spoke in support of Home Act and Rent Stabilization and in opposition of Lexipol. CITY COUNCIL 3 8/29/2023 City Council 7 - 49 2/6/2024 20. Indigo Vu spoke in support of Agenda Item Nos. 18 and 21 and in opposition to Agenda Item No. 14. 21. Tuat Mai spoke in support of Agenda Item No. 21. 22. Vincent Tran spoke in support of Agenda Item Nos. 18 and 21 and in opposition to Agenda Item No. 14. 23. Dao Tran spoke in support of Agenda Item No. 21. 24.Anabell Parra (translation: Spanish) expressed her support for Item No. 21. 25. Carlos Perea spoke regarding Agenda Item Nos. 14, 18, and 21. 26. Theadora Mendez spoke in support in support of Agenda Item No. 21. 27.Araceli Robles spoke in support of Agenda Item No. 21. 28.Alexis Nava Theodoro spoke regarding Agenda Item Nos. 18 and 21. 29. Naja Christmas spoke regarding Agenda Item No. 18. 30. Martha Garcia spoke in support of Agenda Item No. 21. 31. Tin Nguyen spoke in support of Agenda Item Nos. 18 and 21 and in opposition to Agenda Item No. 14. 32. Michael Mai spoke regarding Agenda Item No. 18. 33. Fernando Delgado spoke in opposition to Agenda Item No. 14 and in support of Agenda Item No. 21. CONSENT CALENDAR RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 4 through 19 and waive reading of all resolutions and ordinances. MINUTES: At 7:14 P.M., Councilmember Hernandez pulled Agenda Item No. 14 and Councilmember Penaloza pulled Agenda Item No. 11 for separate discussion and consideration. Councilmembers Vazquez and Phan requested to comment on Agenda Item No. 18. CITY COUNCIL 4 8/29/2023 City Council 7 — 50 2/6/2024 Councilmember Phan recused herself from Agenda Item No. 19 as the property owner of the parcel in question is a client of her employer, Rutan and Tucker. MOTION: Councilmember Hernandez moved to approve staff recommendations on the following Consent Calendar Items: 4 through 19 with the exception of Agenda Item Nos. 11 and 14, seconded by Councilmember Penaloza. The motion carried, 6-0-0-1, by the following roll call vote: AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ NOES: NONE ABSTAIN: NONE ABSENT: MAYOR AMEZCUA Status: 6-0-0— 1 — Pass 4. Excused Absences Department(s): City Clerk's Office Recommended Action: Excuse the absent members. 5. Receive and File Quarterly Report of Investments as of June 30, 2023 Department(s): Finance and Management Services Recommended Action: Receive and file. 6. City's Response to Grand Jury Report Regarding Human Sex Trafficking in Orange County Department(s): Police Department, City Manager's Office Recommended Action: Approve City of Santa Ana's responses to the Grand Jury's Findings and Recommendations of the 2022-2023 Orange County Grand Jury Report - Human Sex Trafficking in OC pursuant to Penal Code sections 933 and 933.05. 7. Approve an Appropriation Adjustment and Approve Change Order to Add Funds in the Amount of $300,000 to an Existing Construction Contract with Onyx Paving Company, Inc. for a Revised Estimated Project Delivery Cost of $4,140,200, for the Local Street Preventative Maintenance FY 22-23 Project (Project No. 23-6907) (Non -General Fund) Department(s): Public Works Agency CITY COUNCIL WE 8/29/2023 City Council 7 — 51 2/6/2024 Recommended Action: 1. Approve an appropriation adjustment recognizing prior year fund balance $300,000 in the Residential Street Improvement fund, Prior Year Carry Forward revenue account and appropriating the same amount into the Residential Street improvement fund, Improvements Other Than Building expenditure account for FY 2022-2023 capital operating expenses. (Requires five affirmative votes) 2. Approve change order to construction contract and an amendment to the Project Cost Analysis to reflect the new amount of $743,100 for project contingency for unanticipated or unforeseen work, for a total Construction Delivery Cost of $4,140,200, subject to non -substantive changes approved by the City Manager and City Attorney. 3. Approve an amendment to the Fiscal Year 2023-24 Capital Improvement Program for $300,000 for construction contingency funds, for the Local Street Preventative Maintenance FY 2022-23 (Project No. 23-6907). 8. Award a Construction Contract to All American Asphalt in the Amount of $1,564,835 for the Grand Avenue Rehabilitation from Warner Avenue to Edinger Avenue Project, with an Estimated Project Delivery Cost of $2,113,000 (Project No. 22-6987) (Non -General Fund) Department(s): Public Works Agency Recommended Action: 1. Authorize the reallocation of SB1 funds from the Euclid Rehabilitation from McFadden Avenue to First Street Improvement Project for a total of $570,870 to the Grand Avenue Rehabilitation from Warner Avenue to Edinger Avenue Project to complete the project funding requirement. 2. Award a construction contract to All American Asphalt, the lowest responsible bidder, in accordance with the base bid in the amount of $1,564,835, subject to change orders (not to exceed 25% of the base bid amount) in accordance with the Greenbook: Standard Specifications for Public Works Construction, for construction of the Grand Avenue Rehabilitation from Warner Avenue to Edinger Avenue Project, for a term beginning August 29, 2023 and ending upon project completion, and authorize the City Manager to execute the contract subject to non -substantive changes approved by the City Manager and the City Attorney. 3. Approve the Project Cost Analysis for a total estimated construction delivery cost of $2,113,000, which includes $1,564,835 for the construction contract; $234,900 for contract administration, inspection, and testing; and a $313,265 project contingency for unanticipated or unforeseen work. 4. Determine that the recommended actions are exempt from further review in accordance with the California Environmental Quality Act as Categorical Exemption Environmental Review No. ER-2022-6 was filed for the project. CITY COUNCIL I 8/29/2023 City Council 7 — 52 2/6/2024 9. Award a Construction Contract to Hardy & Harper, Inc. in the Amount of $1,400,000 for the Alton Avenue Rehabilitation from Main Street to Standard Avenue Project, with an Estimated Project Delivery Cost of $1,750,000 (Project No. 21-6975) (Non -General Fund) Department(s): Public Works Agency Recommended Action: 1. Authorize the reallocation of S131 funds from the Euclid Rehabilitation from First Street to Hazard Avenue Improvement Project for a total amount of $1,037,000 to the Alton Avenue Rehabilitation from Main Street to Standard Avenue Project to complete the project funding requirement. 2. Award a construction contract to Hardy & Harper, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $1,400,000, subject to change orders (not to exceed 25% of the base bid amount) in accordance with the Greenbook: Standard Specifications for Public Works Construction, for construction of the Alton Avenue Rehabilitation from Main Street to Standard Avenue Project for a term beginning August 29, 2023 and ending upon project completion, and authorize the City Manager to execute the contract subject to non -substantive changes approved by the City Manager and the City Attorney. 3. Approve the Project Cost Analysis for a total estimated construction delivery cost of $1,750,000, which includes $1,400,000 for the construction contract; $210, 000 for contract administration, inspection, and testing; and a $140,000 project contingency for unanticipated or unforeseen work. 4. Determine that the recommended actions are exempt from further review in accordance with the California Environmental Quality Act as Categorical Exemption Environmental Review No. ER-2021-43 was filed for the project. 10.Award a Construction Contract to Kalban, Inc. in the Amount of $3,037,800 for the Alley Improvements Program with an Estimated Project Delivery Cost of $4,252,820 (Project No. 23-6910) (M2 Local Fairshare) (General Fund) Department(s): Public Works Agency Recommended Action: 1. Authorize the reallocation of unspent Measure M2 Local Fairshare funds from various projects: $143,017 from Alley Improvement Program FY2018-19, $818,083 from Alley Improvement Program FY2021-22 for a total of $961,100 to the Alley Improvements Program Project to complete the project's funding requirement. 2. Award a construction contract to Kalban, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $3,037,800, subject to a change order (not -to -exceed 25 percent of the base bid) in accordance with the 2021 Greenbook: Standard Specifications for Public Works Construction for construction of the Alley Improvements Program Project, for the term beginning August 29, 2023 and ending upon project completion, and authorize the City Manager to execute the contract subject to non -substantive changes approved by the City Manager and the City Attorney. CITY COUNCIL 7 8/29/2023 City Council 7 — 53 2/6/2024 3. Approve the Project Cost Analysis for a total estimated construction delivery cost of $4,252,820, which includes $3,037,800 for the construction contract; $455,670 for contract administration, inspection, and testing; and a $759,350 project contingency for unanticipated or unforeseen work. 4. Determine that the recommended actions are exempt from further review in accordance with the California Environmental Quality Act as Categorical Exemption Environmental Review No. ER-2022-118 was filed for the project 23-6910. 11.Approve Agreement with Arakelian Enterprises, Inc., DBA Athens Services to Provide Street Sweeping Services, for a Total Amount Not to Exceed $64,572,750 for up to 15 Years (Specification No. 23-007) (General Fund and Non -General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with Athens Services to provide street sweeping services at a base amount of $3,913,500, with an annual contingency of $391,350, for a total annual amount of $4,304,850, plus allowance for an annual adjustment based on the Consumer Price Index, for a ten-year initial term totaling $43,048,500, beginning on July 1, 2024 and expiring June 30, 2034, with an option for one, five-year extension totaling $21,524,250, for an aggregate amount not to exceed $64,572,750, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. A-2023-154). MINUTES: Councilmember Penaloza asked for clarification regarding the expansion of industrial and commercial areas and requested that staff come up with a plan to post signage throughout the industrial areas. City Manager Kristine Ridge spoke regarding the increased services to streets. Public Works Director Nabil Saba spoke regarding street sweeping in industrial and commercial areas and potential plans to implement signage. MOTION: Councilmember Penaloza moved to approve the recommended action for Item No. 11, seconded by Councilmember Hernandez. The motion carried, 6 — 0 — 0 — 1, by the following roll call vote: AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ NOES: NONE ABSTAIN: NONE ABSENT: MAYOR AMEZCUA Status: 6-0-0— 1 —Pass CITY COUNCIL 1 8/29/2023 City Council 7 — 54 2/6/2024 12. Approve a License Agreement with The Legacy Fund for Use of 10th Street Right of Way (Non -General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute a license agreement with The Legacy Fund, a nonprofit public benefit organization, for use of public right-of- way on 10th Street between Main Street and Sycamore Street for improvements for the use and benefit of Orange County School of Arts students, staff, and faculty, for a 10- year term with two optional five-year extensions, with a $3,000 annual license fee paid to the City, subject to non -substantive changes approved by the City Manager and the City Attorney (Agreement No. A-2023-155). 13. Approve Agreement with Volcan Advertising & Entertainment for Music Entertainment at the Fiestas Patrias Event in the Amount of $122,000 (General Fund) Department(s): Parks, Recreation, and Community Services Recommended Action: Authorize the City Manager to execute an agreement with Volcan Advertising & Entertainment to provide musical entertainment at the Fiestas Patrias event, in the amount of $122,000, beginning August 29, 2023 through September 30, 2023, subject to non -substantive change approved by the City Manager and City Attorney (Agreement No. A- 2023-156). 14. Approve Master Service Agreement with Lexipol, LLC to Provide Policy Manual Maintenance and Support to the Police Department (General Fund and Non -General Fund) Department(s): Police Department Recommended Action: Authorize the City Manager to execute an agreement with Lexipol, LLC, for the period of October 1, 2023 through September 30, 2026, to provide policy manual maintenance, support, and training services to the Police Department in an amount not to exceed $175,573.29, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. A-2023- 157). MINUTES: Councilmember Hernandez spoke regarding Lexipol's policies and directed staff to explore options regarding allocating additional resources to the City Attorney's Office for an in-house police policy maintenance, policy feedback and engagement from and with the community, and to collaborate with the newly established Police Oversight Commission to oversee and monitor the Police Department's policies. Councilmember Vazquez spoke regarding Lexipol and asked staff for alternatives to Lexipol. CITY COUNCIL I 8/29/2023 City Council 7 — 55 2/6/2024 MOTION: Moved by Councilmember Hernandez to not approve the agreement and direct staff to explore options, seconded by Councilmember Vazquez. Councilmember Phan requested clarification regarding the usage of Lexipol templates and the Master Service Agreement. Councilmember Bacerra spoke regarding the process of evaluating the templates provided to the City. Police Chief David Valentin spoke regarding Lexipol's policies. Mayor Pro Tem Lopez requested clarification regarding policy and training approval. Councilmember Hernandez expressed concern regarding Lexipols policies and the impacts to the City. Chief Valentin provided clarification regarding the policies that Lexipol did not have in place. Councilmember Hernandez questioned the need for Lexipol due to the minimal implemented policies. Mayor Pro Tem Lopez asked regarding the spotlight policy Lexipol provided in their manual. Chief Valentin shared the implementation of policies and the services available. City Manager Kristine Ridge clarified that the previous contract brought forward to Council was to add an additional jail module, and not the master agreement with Lexipol. She provided Council an update on the process of getting the Police Oversight Commission up and running for them to review all operating policies and procedures of the Police Department. Councilmember Phan asked regarding the termination of contract. Chief Assistant City Attorney John Funk clarified that the termination clause requires 60 day written notice. SUBSTITUTE MOTION: Councilmember Phan moved to approve the recommended action for Item No. 14, and direct staff to work with the Police Oversight Commission and return in a year with options, seconded by Councilmember Bacerra. The substitute motion failed, 3 — 3 — 0 — 1 , by the following roll call vote: CITY COUNCIL 10 8/29/2023 City Council 7 — 56 2/6/2024 AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN NOES: COUNCILMEMBER HERNANDEZ, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ ABSTAIN: NONE ABSENT: MAYOR AMEZCUA Status: 3-3-0-1 —Fail MOTION: Moved by Councilmember Hernandez to not approve the agreement and direct staff to explore options, seconded by Councilmember Vazquez. The motion failed, 3 — 3 — 0 — 1, by the following roll call vote: AYES: COUNCILMEMBER HERNANDEZ, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ NOES: COUNCILMEMBER BACERRA, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN ABSTAIN: NONE ABSENT: MAYOR AMEZCUA Status: 3-3-0— 1 —Fail Item No. 14 continued to September 19, 2023. 15. Approve Agreement with Filler Security Strategies, Inc. in the Amount of $56,750 to Provide a Revision to the Three -Year Countywide Homeland Security Grants Strategy (Non -General Fund) Department(s): Police Department Recommended Action: Authorize the City Manager to execute an agreement with Filler Security Strategies, Inc., for the period of August 29, 2023 through March 31, 2024, to provide a revision to the Countywide Homeland Security Grants Strategy in an amount not to exceed $56,750, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. A-2023-158). 16. Amend Agreement with Benefit Financial Services Group, LLC (BFSG) for Plan and Investment Advisory Services Pertaining to the 457 Deferred Compensation Plan to Add Participant Planning and Consulting Services at No Additional Cost Department(s): Finance and Management Services Recommended Action: Authorize the City Manager to execute the first amendment to the agreement with Benefit Financial Services Group, LLC to provide Participant Planning and Consulting Services at no additional cost, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. A-2023- 166). CITY COUNCIL 11 8/29/2023 City Council 7 — 57 2/6/2024 17. City Attorney Evaluation and Resolution to Reflect Positive Performance Department(s): City Attorney's Office Recommended Action: Adopt a resolution to reflect an Exceeds Expectations performance evaluation conducted on August 15, 2023 and acknowledge retainer adjustment of $25,000 per the existing Legal Services Agreement with Best Best and Krieger LLP for City Attorney and Special Counsel Legal Services. RESOLUTION NO. 2023-058 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AFFIRMING A POSITIVE CITY ATTORNEY EVALUATION AND ACKNOWLEDGING A RETAINER INCREASE PURSUANT TO THE EXISTING RESTATED LEGAL SERVICES AGREEMENT FOR CITY ATTORNEY SERVICES 18. Resolution Declaring Support of the HOME Act AB1306 Department(s): City Manager's Office Recommended Action: Adopt a resolution declaring support of Assembly Bill 1306 (Carrillo) - State Government: Immigration Enforcement. RESOLUTION NO. 2023-059 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA SUPPORTING ASSEMBLY BILL 1306 (The HOME Act) MINUTES: Councilmember Vazquez spoke in support of the HOME Act and spoke regarding the criminal legal system. Councilmember Phan shared her experience as a refugee. 19. Authorize the Planning Division to Prepare and Provide Notice to the County of Orange Airport Land Use Commission (ALUC) in Accordance with Public Utilities Code Section 21676(b) for a Proposed Mixed -Use Development Project Located on the 41-Acre Site at 3600 South Bristol Street Currently Undergoing Public Review and Entitlements Processing with the City Department(s): Planning and Building Agency Recommended Action: Adopt a resolution authorizing the Planning Division to initiate the preparation and drafting of findings and determination overruling the County of Orange Airport Land Use Commission's Determination of Inconsistency associated with a proposed mixed -use development project on a 41-acre site located at 3600 South Bristol Street and to provide notice in accordance with Section 21676(b) of the Public Utilities Code to the County of Orange Airport Land Use Commission and the State of California Department of Transportation's Division of Aeronautics. CITY COUNCIL 12 8/29/2023 City Council 7 — 58 2/6/2024 RESOLUTION NO. 2023-060 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE PLANNING DIVISION TO INITIATE THE PREPARATION AND DRAFTING OF FINDINGS IN SUPPORT OF OVERRULING THE ORANGE COUNTY AIRPORT LAND USE COMMISSION'S DETERMINATION OF INCONSISTENCY ASSOCIATED WITH A PROPOSED MIXED -USE DEVELOPMENT PROJECT ON A 41-ACRE SITE LOCATED AT 3600 SOUTH BRISTOL STREET AND TO PROVIDE NOTICE IN ACCORDANCE WITH SECTION 21676(B) OF THE PUBLIC UTILITIES CODE TO THE COUNTY OF ORANGE LAND USE COMMISSION AND THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION'S DIVISION OF AERONAUTICS AT LEAST 45 DAYS PRIOR TO THE FUTURE PUBLIC HEARING DATE FOR THE PROPOSED PROJECT AND PROPOSED OVERRULING ACTION BY THE CITY COUNCIL (includes determination that this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines as the proposed action will not have a significant effect on the environment). MOTION: Councilmember Hernandez moved to approve the recommended action for Item No. 19 as part of the Consent Calendar, seconded by Councilmember Penaloza. MINUTES: Councilmember Phan recused herself from Agenda Item No. 19 as the property owner of the parcel in question is a client of her employer, Rutan and Tucker. The motion carried, 5-0-1-1, by the following roll call vote: AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ NOES: NONE ABSTAIN: COUNCILMEMBER PHAN (recusal) ABSENT: MAYOR AMEZCUA Status: 5-0-1 — 1 —Pass **END OF CONSENT CALENDAR** BUSINESS CALENDAR MINUTES: At 8.37 PM, the Business Calendar was considered. CITY COUNCIL 13 8/29/2023 City Council 7 — 59 2/6/2024 20.Ordinance Amending Article VII, Prima Facie Speed Limits, of Chapter 36 of the Santa Ana Municipal Code Establishing Speed Limits on Certain Streets and Portions of Streets in the City (Project No. 22-2992) (Non -General Fund) Department(s): Public Works Agency Recommended Action: Approve first reading of an ordinance amending Article VII, Prima Facie Speed Limits, of Chapter 36 of the Santa Ana Municipal Code establishing speed limits on certain streets and portions of streets in the city. ORDINANCE NO. NS-3050 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REPEALING AND REENACTING IN ITS ENTIRETY ARTICLE VII OF CHAPTER 36 OF THE SANTA ANA MUNICIPAL CODE ESTABLISHING PRIMA FACIE SPEED LIMITS MINUTES: Public Works Director Nabil Saba provided a presentation on the Engineering and Traffic Speed Survey. Councilmember Hernandez voiced his support for the item. Councilmember Bacerra expressed concern regarding speed limits in school areas. Traffic Engineer Zed Kukula explained the law for speed limits. Mayor Pro Tem Lopez expressed her support for the item. MOTION: Councilmember Hernandez moved to approve the recommended action for Item No. 20, seconded by Mayor Pro Tern Lopez. The motion carried, 5 — 1 — 0 — 1, by the following roll call vote: AYES: COUNCILMEMBER HERNANDEZ, PENALOZA, COUNCILMEMBER PHAN, VAZQUEZ, MAYOR PRO TEM LOPEZ NOES: COUNCILMEMBER BACERRA ABSTAIN: NONE ABSENT: MAYOR AMEZCUA Status: 5-1 — 0 — 1 —Pass **END OF BUSINESS CALENDAR** COUNCILMEMBER REQUESTED ITEMS COUNCILMEMBER COUNCILMEMBER 21. Stabilization and Just Cause Eviction Ordinance to require supermajority approval of the total number of Councilmembers for certain future amendments to the ordinance. — Councilmember Phan CITY COUNCIL 14 8/29/2023 City Council 7 — 60 2/6/2024 MINUTES: Councilmember Phan gave direction to staff to look at bringing back an ordinance to require a supermajority vote to either repeal the Just Cause Eviction Ordinance and Rent Stabilization Ordinance or require a supermajority vote to amend certain previsions on the Just Cause Eviction Ordinance and Rent Stabilization Ordinance and the previsions to include rent cap, rental registry and/or registry fee, rent board, amendments related to no fault just cause evictions, and amendments related to at fault just cause evictions. Councilmember Vazquez shared his support for the proposal. Councilmember Bacerra spoke in opposition to the item. Councilmember Phan requested clarification regarding adopting an Ordinance requiring supermajority to amend provisions. Chief Assistant City Attorney John Funk explained a supermajority vote to amend provisions and the previously amended ordinance. Councilmember Hernandez stated he is fully supportive of this item. Councilmember Penaloza spoke in opposition to the item. City Manager Kristine Ridge stated staff would research and return to Council with options by October 3, 2023. CITY MANAGER COMMENTS City Manager Kristine Ridge announced the upcoming events- National Grandparents Day September 7-9 at the Library and Fiestas Patrias September 16-17. COUNCIL COMMENTS AB1234 DISCLOSURE — If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended. MINUTES: Councilmember Bacerra wished Margaret Lane a Happy 105t" Birthday and thanked her for her years of services, provided a comment to the City Manager in regards to the intoxication detention policy with an emphasis on Bristol St. between First and McFadden, announced his monthly community office hours for the second Saturday in September at 10:00 A.M. at George Upton All Access Park, wished everyone a Happy Labor Day, and requested the meeting to be adjourned in the memory of 23 year old Veronica Amezola and 27 year old Kimberly lzquierdo. Councilmember Hernandez thanked the community for their participation and spoke regarding Chicano Heritage Month and the Chicano Heritage Festival at El Salvador Park. CITY COUNCIL 15 8/29/2023 City Council 7 — 61 2/6/2024 Councilmember Phan gave an update about the Housing Authority Forum, congratulated the Parks and Recreation Department for the Zoofari Event and Chicano Heritage Festival, gave a shout out to local artist Marina Aguilera for her mural, and spoke regarding being elected as Division 11 representative for the League of California Cities. Councilmember Vazquez thanked Parks and Recreation for the event put together on Sunday and announced that it is garage sale weekend. Mayor Pro Tem Lopez announced the Grupo Autistimo 20t" Annual Event taking place in Ward 3 on September 9, invited the community to come out on September 3 for Carnaval Muralense, announced the Ceremonial Grand Opening for small business, Hammer Burger, and spoke regarding her participation in the Climate Resiliency Forum. ADJOURNMENT — Adjourn the City Council Special meeting. MINUTES: Mayor Pro Tem Lopez adjourned the Special City Council Meeting at 9:21 P. M. CITY COUNCIL Adjourn in memory of: Veronica Amezo/a Kimberly Izquierdo 16 Respectfully submitted: Jennifer L. Hall, CMC City Clerk 8/29/2023 City Council 7 — 62 2/6/2024 DRAFT Minutes of the Special Closed and Regular Meeting of the City Council City of Santa Ana, California September 19, 2023 CLOSED SESSION MEETING - 5:00 pm REGULAR OPEN MEETING - 5:30 pm (Immediately following the Closed Session Meeting) CITY COUNCIL CHAMBER 22 Civic Center Plaza, Santa Ana, CA 92701 CLOSED SESSION CALL TO ORDER MINUTES: Mayor Amezcua called the Closed Session meeting to order at 5:09 P.M. ATTENDANCE Council Members Mayor Pro Tern Mayor City Manager City Attorney City Clerk ROLL CALL Phil Bacerra Johnathan Ryan Hernandez David Penaloza Thai Viet Phan Benjamin Vazquez Jessie Lopez Valerie Amezcua Kristine Ridge Sonia R. Carvalho Jennifer L. Hall MINUTES: City Clerk Jennifer L. Hall conducted roll call. Councilmembers Hernandez, Penaloza, Phan, and Vazquez, and Mayor Amezcua were present. Councilmember Bacerra and Mayor Pro Tem Lopez joined the meeting during Closed Session. MINUTES OF REGULAR MEETING City Council 1 7-63 September 19, 2023 2/6/2024 ADDITIONS\DELETIONS TO CLOSED SESSION MINUTES: City Clerk Jennifer L. Hall stated there were no additionsldeletion to Closed Session. Councilmember Phan reported a recusal for Closed Session Agenda Item No. 1 B as the listed entities are clients of her employer. PUBLIC COMMENTS — Members of the public may address the City Council on Closed Session items. MINUTES: No public comments were received regarding Closed Session items. RECESS — City Council will recess to Closed Session for the purpose of conducting regular City business. MINUTES: Mayor Amezcua recessed to consider the Closed Session items at 5:10 P.M. CLOSED SESSION ITEMS — The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation: 1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code: A. Myles Ramsey v. City of Santa Ana. et al., United States District Court (Central District of California), Case No. 8:21-CV-00825-JLS-KES B. Share Our Selves Corporation v City of Santa Ana. et al., United States District Court (Central District of California), Case No. 8:23-CV-00504-DOC-DFM MINUTES: Councilmember Phan recused herself from consideration of Item No. 1 B and left the room at 5:29 P.M. CLOSED SESSION REPORT — The City Attorney will report on any action(s) to be taken at the Regular Open Session which will begin immediately following the Closed Session. RECONVENE — City Council will reconvene to continue regular City business. MINUTES OF REGULAR MEETING 2 September 19, 2023 City Council 7 — 64 2/6/2024 CITY COUNCIL REGULAR OPEN SESSION CALL TO ORDER MINUTES: MayorAmezcua reconvened the City Council at 5:58 P.M. Pr)l I rAl I MINUTES: City Clerk Jennifer L. Hall conducted roll call. All members of the City Council were present. PLEDGE OF ALLEGIANCE Sunburst Youth Challenge Academy WORDS OF INSPIRATION Cadet Helstern, Sunburst Youth Challenge Academy CEREMONIAL PRESENTATIONS 1. Certificates of Recognition presented by Councilmember Phan to Sunburst Youth Challenge Academy Cadets for Academic Excellence/Accomplishments. 2. City Tile presented by Mayor Amezcua to the Sahuayo City Council for their Commitment to Fostering a Sister City relationship with the Santa Ana Community. 3. Certificates of Recognition presented by Mayor Pro Tern Lopez to the City's Housing Division Team for Outstanding Contributions to the Community. MINUTES: Ceremonial Presentation Item No. 2 was taken out -of -order and presented before Item No. 1. Mayor Amezcua presented a City Tile and flag to the Sahuayo City Council and expressed excitement for their partnership. Councilmember Phan presented certificates of recognition to the Sunburst Youth Challenge Academy Cadets and spoke regarding the Academy. Mayor Pro Tem Lopez presented certificates of recognition to the City's Housing Division Team and thanked staff for their hard work and efforts. STAFF PRESENTATIONS 4. Informational Briefing and Update on PFAS Cleanup by Orange County Water District. MINUTES OF REGULAR MEETING City Council 3 7-65 September 19, 2023 2/6/2024 MINUTES: Deputy Public Works Director Cesar Barrera and Orange County Water District Director of Engineering Chris Olsen provided a presentation. CLOSED SESSION REPORT — The City Attorney will report on any action(s) from Closed Session. MINUTES: City Attorney Sonia Carvalho stated the City Council took action on Closed Session Agenda Item No. 1A Myles Ramsey v. City of Santa Ana. et al., United States District Court (Central District of California), Case No. 8:21-CV-00825-JLS-KES, and voted unanimously to approve the settlement of $95, 000. Mayor Amezcua reported the public hearing would be moved out -of -order. PUBLIC HEARING AGENDA ITEM NO. 25 WAS CONSIDERED OUT -OF -ORDER AND HEARD PRIOR TO PUBLIC COMMENT. PUBLIC HEARINGS 25. Public Hearing: Consolidated Annual Performance and Evaluation Report for Fiscal Year 2022-23 (Community Development Block Grant, Emergency Solutions Grant, HOME Investment Partnership Program) Legal notice published in the Orange County Register, La Opinion, and Nguoi Viet on August 17, 2023. Department(s): Community Development Agency Recommended Action: Authorize submission of the Consolidated Annual Performance and Evaluation Report to the U.S. Department of Housing and Urban Development. MINUTES: Mayor Amezcua opened the Public Hearing at 6:53 P.M. City Clerk Jennifer L. Hall stated there were no speakers. There being no request to speak, Mayor Amezcua closed the Public Hearing at 6: 53 P.M. Councilmember Hernandez spoke regarding the Consolidated Annual Performance and Evaluation Report for Fiscal Year 2022-23. MOTION: Mayor Amezcua moved to approve the recommended action for Item No. 25, seconded by Councilmember Hernandez. The motion carried, 7-0, by the following roll call vote: AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ, MAYOR MINUTES OF REGULAR MEETING 4 September 19, 2023 City Council 7 — 66 2/6/2024 AMEZCUA NOES: NONE ABSTAIN: NONE ABSENT: NONE Status: 7 — 0 — Pass PUBLIC COMMENT — Public comments will be held during the beginning of the meeting for ALL comments on agenda and non -agenda items, except for public hearings. Comments for public hearings will take place after the hearing is opened. MINUTES: The following speakers addressed Council via teleconference: 1. Aida Perez(translation: Spanish) spoke in support of Agenda Item No. 28. City Clerk Jennifer L. Hall stated the time for public comment is two minutes per the Mayor's direction. 2. Maria Pina (translation: Spanish) spoke in support of Agenda Item No. 28. 3. Jane Doe congratulated and commended the Housing Division for all their hard work and efforts. 4. Boomer Vicente spoke in opposition to Agenda Item No. 20. 5. Jonnah spoke in support of Agenda Item No. 28. 6. Tanya Navarro spoke in opposition to Agenda Item No. 20. 7. Daniel Riley spoke in support of Agenda Item No. 28. 8. Victor Mendez spoke in support of Agenda Item No. 28. 9. Juliana Musheyev spoke in support of Agenda Item No. 28. The following speakers addressed council in -person: 1. Ross Romero spoke in support of Agenda Item No. 28. 2. Bee Cleaver spoke in opposition to Agenda Item No. 28. 3. Monica spoke in opposition to Agenda Item No. 28. 4. Carlos Perea spoke in support of Agenda Item No. 28. 5. Phuong Vu (translation: Vietnamese) spoke in support of Agenda Item No. 28. MINUTES OF REGULAR MEETING City Council 5 7-67 September 19, 2023 2/6/2024 6. Martin Mendiola spoke in support of Agenda Item No. 28. 7. Vincent Tran spoke in support of Agenda Item No. 28. 8. Celeste Vasquez spoke in support of Agenda Item No. 28 and in opposition to Agenda Item No. 20. 9. Faby Jerome spoke in support of Agenda Item No. 28. 10. Tracy La spoke in support of Agenda Item Nos. 26 and 28 and in opposition to Agenda Item No. 20. 11. Duy Viet Le spoke in support of Agenda Item No. 28. 12. Julia Gomez spoke in support of Agenda Item No. 28. 13. Mai Do spoke in support of Agenda Item No. 28. 14. Indigo Vu spoke in support of Agenda Item No. 28 and in opposition to Agenda Item No. 20. 15. Claudia Morales (translation: Spanish) spoke in support of Agenda Item No. 28. 16. Marcela Rosas (translation: Spanish) spoke in support of Agenda Item No. 28. 17. Mike Tardif spoke in opposition to Agenda Item No. 28. 18. Salvador Sarmiento spoke in support of Agenda Item No. 28. 19. Gema Suarez spoke in support of Agenda Item No. 28. 20. Maria Torres (translation: Spanish) spoke in support of Agenda Item No. 28. 21. Iris Zuniga (translation: Spanish) spoke in support of Agenda Item No. 28. 22. Wendy Bahena (translation: Spanish) spoke in support of Agenda Item No. 28. 23. Danny Vega spoke in support of Agenda Item No. 27. 24. Arturo Robles (translation: Spanish) spoke in opposition to Agenda Item No. 28. 25. Silvia Avendano (translation: Spanish) spoke in support of Agenda Item No. 28. 26. Socorro Sarmiento (translation: Spanish) spoke in support of Agenda Item No. 28. 27. Apolinio Codes (translation: Spanish) spoke in support of Agenda Item No. 28. 28. Larry Sims spoke in opposition to Agenda Item No. 28. MINUTES OF REGULAR MEETING City Council 6 September 19, 2023 2/6/2024 29. Chavita Sarmiento spoke in support of Agenda Item No. 28. 30. Sarai Arpero (translation: Spanish) spoke in support of Agenda Item No. 28. 31. Jenna Narahara spoke in support of Agenda Item No. 28. 32. Leo Campos (translation: Spanish) spoke in support of Agenda Item No. 28. 33. Derek Yeghiazarian spoke in support of Agenda Item No. 28. 34. Alexis Teodoro spoke in support of Agenda Item No. 28. 35. Mike Bears spoke regarding homeless issues surrounding 210 S. Broadway and requested parking fines increase and the homeless issue be addressed. 36. Darwin Nguyen spoke regarding a burglary that occurred at his small business in Santa Ana. 37. Jesse S. spoke in opposition to Agenda Item No. 28. 38. Scott spoke in support of Agenda Item No. 28. 39. Ghia spoke in opposition to Agenda Item No. 28. 40. Andrea Perez spoke in support of Agenda Item No. 28. City Clerk Jennifer L. hall reported out the summary of email comments received: One (1) comments regarding Agenda Item No. 20, Two (2) comments regarding Agenda Item No. 26, Nine (9) comments regarding Agenda Item No. 28, and Twenty-five (25) non -agenda comments. CONSENT CALENDAR RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 3 through 28. MINUTES: At 8:43 P.M., the Consent Calendar was considered. Councilmember Hernandez pulled Agenda Item No. 20, Councilmember Penaloza pulled Agenda Item No. 13, and Councilmember Bacerra pulled Agenda Item Nos. 23 and 24 for separate discussion and consideration. Councilmember Phan reported a recusal for Agenda Item Nos. 18, 21, and 22 as the listed entities are clients of her employer. MOTION: Councilmember Hernandez moved to approve staff recommendations on the following Consent Calendar Items: 3 through 28 with the exception of Agenda Item Nos 13, 20, 23, seconded by Council Member Penaloza. MINUTES OF REGULAR MEETING City Council 7 7-69 September 19, 2023 2/6/2024 The motion carried, 7-0, by the following roll call vote: AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA NOES: NONE ABSTAIN: NONE ABSENT: NONE Status: 7 — 0 — Pass 3. Excused Absences Department(s): Clerk of the Council Recommended Action: Excuse the absent members. 4. Appoint Gabriel Castillo Laughton Nominated by Mayor Pro Tern Lopez as the Ward 3 Representative to the Police Oversight Commission for a Full -Term Expiring December 10, 2024 Department(s): City Clerk's Office Recommended Action: Appoint Gabriel Castillo Laughton to the Police Oversight Commission as the Ward 3 representative and administer the Oath of Office. MINUTES: City Clerk Jennifer L. Hall administered the Oath of Office to Gabriel Castillo. 5. Minutes from the Special Closed Session and Regular Meeting of December 20, 2022 Department(s): City Clerk's Office Recommended Action: Approve minutes. 6. Approve Destruction of Obsolete City Records Department(s): Finance and Management Services Recommended Action: Approve the request for the destruction of obsolete records from the Finance & Management Services in accordance with the retention schedule outlined in City Council Resolution 2013-014. 7. Approve Appropriation Adjustment to Carry Over Unspent Amounts from Fiscal Year 2022-23 to Fiscal Year 2023-24 MINUTES OF REGULAR MEETING 8 September 19, 2023 City Council 7 — 70 2/6/2024 Department(s): Finance and Management Services Recommended Action: 1. Approve an Appropriation Adjustment to reduce the FY 2022-23 budget for unspent amounts to be carried over to FY 2023-24. (Required five affirmative votes) 2. Approve and Appropriation Adjustment to increase the FY 2023-24 budget for amounts carried forward from FY 2022-23.(Requires five affirmative votes) 10. Approve an Appropriation Adjustment Accepting the Board of State and Community Corrections Officer Wellness and Mental Health Grant Program Department(s): Police Department Recommended Action: Approve an appropriation adjustment recognizing $246,431.01 in the Law Enforcement Grants revenue account and appropriate same to the Board of State and Community Corrections Police Grants expenditure accounts. (Requires five affirmative votes) 11. Approve an Appropriation Adjustment to Recognize Measure M2 Grant Funding and Amend the Fiscal Year 2023-24 Capital Improvement Program for the Fairview Street Improvement Project (Project No. 23-6701) Department(s): Public Works Agency Recommended Action: 1. Approve and app appropriation adjustment recognizing Measure M2 grant funding in the amount of $825,000 into the Public Works Measure M2 Competitive revenue account and appropriate the same amount into the Measure M2 Competitive Street, Improvements Other Than Building expenditure account for future year expenditures. (Requires five affirmative votes) 2. Approve an amendment to the Fiscal Year 2023-24 Capital Improvement Program to include Measure M2 grant funding in the amount of $825,000 for the Fairview Street Improvements (17th Street to Trask Avenue) Project (Project No. 23- 6701). 12. Approve an Appropriation Adjustment, Cooperative Cost Reimbursement Agreement with the City of Garden Grove, and Award a Construction Contract to R.J. Noble Company in the Amount of $1,643,676 for the MINUTES OF REGULAR MEETING City Council 9 7-71 September 19, 2023 2/6/2024 Westminster Avenue Rehabilitation Project from Newhope Street to Harbor Boulevard with an Estimated Project Delivery Cost of $2, 112,595 (Project No.22-6989) (Non -General Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an appropriation adjustment recognizing $542,000 in cost reimbursements from the City of Garden Grove into the Selected Street Construction revenue account, and appropriating the same amount to the Selected Street Construction expenditure account for the Westminster Avenue Improvement Project. (Requires five affirmative votes.) 2. Authorize the City Manager to execute a Cooperative Cost Reimbursement Agreement with the City of Garden Grove for improvements on Westminster Avenue within the Garden Grove jurisdiction from Newhope Street to Harbor Boulevard, subject to non -substantive changes approved by the City Manager and the City Attorney (Agreement No. 2023-159). 3. Authorize budget reallocation of $185,405 in unspent Roadway Maintenance and Rehabilitation Account (SB-1) from the Fairview Rehabilitation from South City Limits to Segerstrom Avenue Improvement (No. 21-6978) Project and $47,595 in unspent Roadway Maintenance and Rehabilitation Account (SB-1) from the Euclid Rehabilitation from First Street to Hazard Avenue Improvements (No. 20-6955) Project to construction funds for the Westminster Avenue Rehabilitation from Newhope Street to Harbor Boulevard Project (No. 22-6989) to complete the project funding requirement. 4. Award a construction contract to R.J . Noble Company, the lowest responsible bidder, in accordance with the base bid in the amount of $1,643,676, subject to change orders (not to exceed 25% of the base bid amount) in accordance with the Greenbook : Standard Specifications for Public Works Construction, for construction of the Westminster Avenue Rehabilitation, for the term beginning September 19, 2023 and ending upon project completion, and authorize the City Manager to execute the contract subject to non -substantive changes approved by the City Manager and the City Attorney. 5. Approve the Project Cost Analysis for a total estimated construction delivery cost of $2, 112,595, which includes $1,643,676 for the construction contract; $246,551 for contract administration, inspection, and testing; $58,000 for design engineering; and a $164,368 project contingency for unanticipated or unforeseen work. 6. Determine that the recommended actions are exempt from further review in accordance with the California Environmental Quality Act as Categorical Exemption Environmental Review No. ER-2023-77 was filed for the project. MINUTES OF REGULAR MEETING City Council 10 7-72 September 19, 2023 2/6/2024 13. Approve an Appropriation Adjustment and Award a Construction Contract to Legion Contractors, Inc. in the Amount of $3,366,625 for the Standard — McFadden Park Project, with an Estimated Project Delivery Cost of $4,208,281 (Project No. 20-2729) (Non -General Fund) Department(s): Public Works Agency Recommended Action: Approve an appropriation adjustment to recognize $669,060 in revenue received from prior years into the Residential Development District 3, Park Acquisition & Development Fees revenue account and appropriate the same amount into the Residential Development District 3, Improvements Other Than Building expenditure account. (Requires five affirmative votes) 2. Approve an amendment to the FY 2023-24 Capital Improvement Program to include $669,060 in construction funds for the Standard - McFadden Park Project (Project No. 20-2729). 3. Award a construction contract to Legion Contractors, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $3,366,625, subject to change orders (not to exceed 25 percent of the base bid amount) in accordance with the Greenbook: Standard Specifications for Public Works Construction, for construction of the Standard - McFadden Park Project, for a term beginning September 19, 2023 and ending upon project completion, and authorize the City Manager to execute the contract subject to non -substantive changes approved by the City Manager and the City Attorney. 4. Approve the project cost analysis for a total estimated construction delivery cost of $4,208,281, which includes $3,366,625 for the construction contract; $504,994 for contract administration, inspection, and testing; and a $336,662 project contingency for unanticipated or unforeseen work. 5. Determine the recommended actions are exempt from further review in accordance with the California Environmental Quality Act as Categorical Exemption Environmental Review No. ER-2021-97 was filed for the project. MINUTES: Councilmember Penaloza spoke regarding the positive impacts of the project to the community and thanked staff for their hard work and efforts. He requested a nice fence be installed instead of a chain link fence, a blue light pole be added to the Standard and McFadden Park, and the blue light pole be serviced at Madison Park. Councilmember Hernandez spoke in support of the project. Councilmember Vazquez spoke in support of the project with the upgrade fence request. MINUTES OF REGULAR MEETING City Council 11 7-73 September 19, 2023 2/6/2024 Mayor Pro Tem Lopez spoke in support of the project and commented on the proposed fencing. MOTION: Councilmember Penaloza moved to approve the recommended action for Item No. 13, seconded by Mayor Amezcua. The motion carried, 7-0, by the following roll call vote: YES: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA NOES: NONE ABSTAIN: NONE ABSENT: NONE Status: 7 — 0 — Pass 14. Approve an Amendment to the Fiscal Year 2023-24 Capital Improvement Program for $53,000 and Award a Construction Contract to Hardy & Harper, Inc. in the Amount of $540,000 for the Traffic Calming Phase 1 in Five Separate Locations on Grovemont St., Civic Center Dr., Walnut St., Myrtle St., and Cypress Ave., with an Estimated Project Delivery Cost of $648,000 (Project No. 23-6034) (General Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an amendment to the FY 2023-24 Capital improvement Program to include $53,000 in construction funds for the Traffic Calming Phase 1 (Project No. 23-6034� 2. Authorize the City Manager to reject the bid submitted by HZS Engineering and Construction as non -responsive and award a construction contract to Hardy & Harper, Inc. the lowest responsible bidder, in accordance with the base bid in the amount of $540,000 for construction of the Traffic Calming Phase 1, for a term beginning September 19, 2023 and ending upon project completion , and authorize the City Manager to execute the contract subject to non -substantive changes approved by the City Manager and the City Attorney. 3. Approve the Project Cost Analysis for a total estimated construction delivery cost of $648,000, which includes $540,000 for the construction contract; $54,000 for contract administration, inspection, and testing; and a $54,000 project contingency for unanticipated or unforeseen work. 4. Determine that the recommended actions are exempt from further review MINUTES OF REGULAR MEETING City Council 12 7-74 September 19, 2023 2/6/2024 in accordance with the California Environmental Quality Act as Categorical Exemption Environmental Review No. ER-2023-35 was filed for the project. 15. Approve Agreements with Interwest Consulting Group, Inc. and Epic Land Solutions, Inc. for On -Call Right -of -Way Coordination Services in an Aggregate Amount Not to Exceed $250,000 for up to a Five -Year Term (Non - General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute agreements with Interwest Consulting Group, Inc. and Epic Land Solutions, Inc. to provide on -call right- of -way coordination services for a shared aggregate amount not to exceed $250,000, for a three-year term beginning September 19, 2023 and expiring on September 18, 2026, with the provision for one, two-year extension, subject to non -substantive changes approved by the City Manager and City Attorney (Core Agreement No. 2023-160). 16. Amend the Agreement with Elliott Auto Supply Co., Inc. dba Factory Motor Parts by Increasing the Existing Agreement by an Annual Amount Not to Exceed $500,000 for the Remainder of the Contract Term (Specification No. 19-085) (Non -General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute the first amendment to the agreement with Elliott Auto Supply Co., Inc. dba Factory Motor Parts for consignment vehicle parts and accessories by increasing the annual amount by $160,000, for a revised annual amount not to exceed $500,000, for the remainder of the current one-year term expiring June 30, 2024, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-161). 17. Approve Agreements with Enterprise Automation, Northern Digital, Inc., and SOFFA Electric, Inc. to Provide Functional Specifications and SCADA Source Control and Change Control Services in an Aggregate Amount Not to Exceed $1,250,000 for up to a Five -Year Term (Non -General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute agreements with Partners in Control, Inc. dba Enterprise Automation, Northern Digital, Inc., and SOFFA Electric, Inc. to provide on -call engineering services to prepare functional specifications and to provide supervisory control and data acquisition, source control, and change control services, for a shared aggregate amount not to exceed $1,250,000, for a three-year term beginning September 19, 2023 and expiring September 18, 2026, with provisions for one, two-year extension, subject to non- substantive changes approved by the City Manager and City MINUTES OF REGULAR MEETING City Council 13 7-75 September 19, 2023 2/6/2024 Attorney (Core Agreement No. 2023-162). 18. Approve the First Amendment to the IPS Group, Inc. Agreement for Increased Monthly Smart Parking Meters Service Cost, Warranty Purchase, Repair, Modem Upgrades, and Contingency Cost in the Amount of $540,000 (Non -General Fund) Department(s): Community Development Department Recommended Action: Authorize the City Manager to execute an amendment to the agreement with IPS Group, Inc. for increased monthly smart parking meters service cost, warranty purchase, repairs, and modem upgrades, to increase the compensation amount by $540,000, for a total amount not to exceed $840,000 for the existing term of February 15, 2022 to February 14, 2027, subject to non - substantive changes approved by the City Manager and City Attorney (Agreement No.2023-163). MINUTES: Councilmember Phan reported a recusal for Agenda Item No. 18 as the listed entities are clients of her employer. MOTION: Councilmember Hernandez moved to the recommended action for Item No. 19 as part of the Consent Calendar, seconded by Council Member Penaloza. The motion carried, 7-0, by the following roll call vote: AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA NOES: NONE ABSTAIN: NONE ABSENT: NONE Status: 7 — 0 — Pass 19. Approve an Agreement with Empower Annuity Insurance Company for Administrative, Recordkeeping, and Communication Services Pertaining to the 457 Deferred Compensation Plan Department(s): Finance and Management Services Recommended Action: Authorize the City Manager to execute a Restated Master Services Agreement with Empower Annuity Insurance Company for the administrative, recordkeeping, and communication services ("services") pertaining to the 457 Deferred Compensation Plan for a three-year term beginning October 1, 2023 through September 30, 2026, with a provision for a single two-year extension , subject to non -substantive changes approved by the City Manager and the City Attorney (Agreement No. 2023-164). MINUTES OF REGULAR MEETING City Council 14 7-76 September 19, 2023 2/6/2024 20. Approve Master Service Agreement with Lexipol, LLC to provide Policy Manual Maintenance and Support to the Police Department (General Fund and Non -General Fund) (continued from City Council meeting of August 29, 2023, Item No. 14) Department(s): Police Department Recommend Action: Authorize the City Manager to execute an agreement with Lexipol, LLC for the period of October 1, 2023 through September 30, 2026, to provide policy manual maintenance, support, and training services to the Police Department in an amount not to exceed $175,573.29, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-165).. MINUTES: Councilmember Hernandez spoke in opposition to the Lexipol, LLC agreement and the negative impacts Lexipol has in the community. Councilmember Vazquez spoke in opposition to Lexipol, LLC. MOTION: Councilmember Hernandez to allocate additional resources to the City Manager's Office to address Policy Manual Maintenance and Support to the Police Department and collaborate with the Police Oversight Commission, seconded by Council Member Vazquez. MINUTES: Mayor Amezcua spoke in support of the Lexipol, LLC agreement and regarding the need for policies and procedures. Councilmember Phan spoke regarding the Lexipol agreement and the need for the Police Oversight Commission to review the policies and procedures. Mayor Pro Tem Lopez spoke regarding the burden of policy maintenance and support and stated the Police Oversight Commission should maintain and support Police policies and procedures. Councilmember Penaloza explained that Lexipol is a resource, tool, and library for the Police Department and spoke in support of the agreement. SUBSTITUTE MOTION: Councilmember Penaloza moved to approve the recommended action for Item No. 20, seconded by Mayor Amezcua. The substitute motion carried, 4-3, by the following roll call vote: AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, MAYOR AMEZCUA NOES: COUNCILMEMBER HERNANDEZ, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ ABSTAIN: NONE ABSENT: NONE Status: 4-3-PASS MINUTES OF REGULAR MEETING City Council 15 7-77 September 19, 2023 2/6/2024 21. Second Extension of Site Plan Review No. 2020-04 for the Central Pointe Mixed -Use Project to be Located at 1801 East Fourth Street Department(s): Planning and Building Agency Recommended Action: Adopt a resolution approving a second one-year extension of Site Plan Review No. 2020-04 to November 9, 2024. RESOLUTION NO. 2023-061 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING A ONE-YEAR EXTENSION OF SITE PLAN REVIEW NO. 2020-04 FOR THE CENTRAL POINTE MIXED -USE DEVELOPMENT TO BE LOCATED AT 1801 EAST FOURTH STREET," (includes determination that this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines as the proposed action to extend the existing, approved entitlement does not have the potential to cause a significant effect on the environment, as the existing, approved entitlement has already been evaluated pursuant to CEQA). MINUTES: Councilmember Phan reported a recusal for Agenda Item No. 21 as the listed entities are clients of her employer. MOTION: Councilmember Hernandez moved to the recommended action for Item No. 21 as part of the Consent Calendar, seconded by Council Member Penaloza. The motion carried, 7-0, by the following roll call vote: AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA NOES: NONE ABSTAIN: NONE ABSENT: NONE Status: 7 — 0 — Pass MINUTES OF REGULAR MEETING City Council 16 7-78 September 19, 2023 2/6/2024 22. Resolutions Supporting Orange County Water District's Submission of a Grant Application for Wells 27 and 28 PFAS Treatment System Project Department(s): Public Works Agency Recommended Action: 1. Adopt a resolution authorizing the Executive Director of the Public Works Agency to submit a financial assistance application for a financing agreement from the State Water Resources Control Board for the planning, design, and construction of the Wells 27 and 28 PFAS Treatment System P roj ect. RESOLUTION NO. 2023-062 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING AN APPLICATION TO THE STATE WATER RESOURCES CONTROL BOARD FOR FINANCIAL ASSISTANCE FOR THE WELLS 27 AND 28 PFAS TREATMENT SYSTEM PROJECT." 2. Adopt a resolution declaring the Wells 27 and 28 PFAS Treatment System Project is categorically exempt from the California Environmental Quality Act pursuant to Section 1503 of California Environmental Quality Act Guidelines. RESOLUTION NO. 2023-063 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CONSIDERING CITY OF SANTA ANA WELLS 27 AND 28 PFAS TREATMENT SYSTEM PROJECT EXEMPT," (includes determination that this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Section 15303 of the CEQA Guidelines as the proposed action consists of the construction and operation of small treatment plants and associated connection facilities at previously disturbed sites representing the development of limited numbers of new, small facilities or structures and it would not result in any significant impacts to the environment). MINUTES: Councilmember Phan reported a recusal for Agenda Item No. 18 as the listed entities are clients of her employer. MOTION: Councilmember Hernandez moved to the recommended action for Item No. 22 as part of the Consent Calendar, seconded by Council Member Penaloza. The motion carried, 7-0, by the following roll call vote: AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA MINUTES OF REGULAR MEETING City Council 17 7-79 September 19, 2023 2/6/2024 23 NOES: NONE ABSTAIN: NONE ABSENT: NONE Status: 7 — 0 — Pass Councilmember-Requested Item Policy. Department(s): City Manager's Office Recommended Action: Adopt a resolution approving the City Council Policy Regarding Councilmember-Requested Items. RESOLUTION NO. 2023-064 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE CITY COUNCIL POLICY REGARDING COUNCILMEMBER-REQUESTED ITEMS. MINUTES: Councilmember Bacerra requested a revision to Section 2 of the policy to state that a Councilmember shall consult with the City Manager and City Attorney regarding the requested item. MOTION: Councilmember Bacerra moved to approve the recommended action for Item No. 23, as amended in Section2 of the policy, seconded by Mayor Amezcua. The motion carried, 6-0-0-1, by the following roll call vote: YES: COUNCILMEMBER BACERRA, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, COUNCIL MEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA NOES: NONE ABSTAIN: NONE ABSENT: COUNCILMEMBER HERNANDEZ Status: 6-0-0-1- PASS 24. Second Reading of Ordinance Amending Article VII, Prima Facie Speed Limits, of Chapter 36 of the Santa Ana Municipal Code Establishing Speed Limits on Certain Streets and Portions of Streets in the City (Project No. 22- 2992) (Non -General Fund). First reading at the August 29, 2023 City Council meeting, approved by a vote of 5-1- 1 (Bacerra dissenting and Amezcua absent). Published in the Orange County Reporter on September 8, 2023. Department(s): Public Works Agency MINUTES OF REGULAR MEETING City Council 18 September 19, 2023 2/6/2024 Recommended Action: Conduct a second reading of and adopt ordinance amending Article VII, Prima Facie Speed Limits, of Chapter 36 of the Santa Ana Municipal Code establishing speed limits on certain streets and portions of streets in the City. ORDINANCE NO. NS-3050 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REPEALING AND REENACTING IN ITS ENTIRETY ARTICLE VII OF CHAPTER 36 OF THE SANTA ANA MUNICIPAL CODE ESTABLISHING PRIMA FACIE SPEED LIMITS. MINUTES: Councilmember Bacerra spoke in support of the item and requested additional signage in eight additional locations. Discussion ensued regarding state law, signage, and conducting a citywide assessment of signage and related costs and resources. MOTION: Councilmember Penaloza moved to approve the recommended action for Item No. 24, seconded by Mayor Pro Tern Lopez. SUBSTITUTE MOTION: Councilmember Bacerra moved to approve the recommended action for Item No. 24, as amended with direction to staff regarding signs/lights as resources allow, seconded by Councilmember Vazquez. The substitute motion carried, 7-0, by the following roll call vote: YES: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, COUNCIL MEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA NOES: NONE ABSTAIN: NONE ABSENT: NONE Status: 7 - 0 - PASS **END OF CONSENT CALENDAR** PUBLIC HEARINGS PUBLIC HEARING AGENDA ITEM NO. 25 WAS CONSIDERED OUT -OF -ORDER AND HEARD PRIOR TO PUBLIC COMMENT. COUNCILMEMBER REQUESTED ITEMS MINUTES: City Attorney Sonia Carvalho spoke regarding the parameters of the brown act regarding councilmember requested items. MINUTES OF REGULAR MEETING City Council 19 7-81 September 19, 2023 2/6/2024 26. Discuss and Consider Directing the City Attorney to Prepare a City Council -Initiated Ballot Measure for Voter Approval Affirming the City of Santa Ana's Rent Stabilization and Just Cause Eviction Ordinance forthe November2024 General Presidential Election -Councilmember Phan MINUTES: Councilmember Phan directed staff to prepare a resolution for City Council's consideration to place a ballot measure on the November 2024 General Election to affirm the City of Santa Ana's Rent Stabilization and Just Cause Eviction Ordinance with flexibility to provide future amendments by super majority vote. She requested the item be brought back to Council at the October 17, 2023 City Council meeting. Councilmember Hernandez spoke in support of Councilmember Phan's request. Mayor Pro Tem Lopez requested options be provided to Council regarding the Rent Stabilization and Just Cause Eviction Ordinance. She expressed support for Councilmember Phan's request. Councilmember Vazquez spoke in support of the item. Councilmember Bacerra spoke regarding an Ad -Hoc Charter Amendment Review Committee and expressed concern regarding the proposed charter amendment. Councilmember Penaloza spoke regarding the anticipation of future ballot measures and requested Council create an Ad -Hoc Committee to address the numerous potential charter amendments. He spoke regarding the process of charter amendments and related costs. Mayor Amezcua suggested Council create an Ad -Hoc Committee to address potential charter amendments. 27. Discuss and Consider Directing the City Manager to Bring Back at the Next Regularly Scheduled Meeting a Fully Enforceable Ordinance that would Prohibit Spectators at Illegal Speed Contests and Reckless Driving Exhibitions That Often Endanger People's Lives and Disrupt Residents' Quality of Life - Councilmember Penaloza MINUTES: Councilmember Penaloza spoke in support of the item and requested the ordinance be brought back at the October 17, 2023 City Council meeting. Mayor Pro Tem Lopez spoke regarding her experiences related to illegal and reckless driving exhibitions and requested additional analysis. Councilmember Hernandez spoke in opposition to the item and spoke regarding SB 1472. Councilmember Vazquez spoke in opposition to the item. MINUTES OF REGULAR MEETING City Council 20 September 19, 2023 2/6/2024 Councilmember Phan spoke in support of bringing the item back and requested additional information be brought back regarding whom the spectators are. Councilmember Bacerra spoke in support of the item. Councilmember Penaloza explained the ordinance was brought before the Council in 2021 and was not approved. Mayor Amezcua spoke in support of the item. 28. Discuss and Consider Directing the City Manager and the City Attorney to Prepare for the City Council's Consideration Resolution Options to Place the Issue of Noncitizen Voting in City Council and Mayoral Elections on the November 2024 Ballot and Further Discuss and Consider Directing the City Manager to Prepare a Cost and Implementation Analysis of Establishing Noncitizen Voting - Councilmembers Hernandez and Vazquez MINUTES: Councilmember Hernandez spoke in support of the item. Councilmember Vazquez spoke in support of the item. Councilmember Phan spoke in support of the item. Mayor Pro Tern Lopez spoke in support of the item. Councilmember Penaloza spoke in opposition to the item and requested an Ad -Hoc Committee be created to address the numerous ballot measures. Mayor Amezcua agreed that an AdHoc Committee should be created. Councilmember Bacerra spoke in opposition to the item. Mayor Amezcua spoke in opposition to the item. Discussion ensued regarding time, costs and deadlines for ballot measures and policy direction. Councilmember Hernandez requested the item be brought back to Council at either the October 17, 2023 or the November 7, 2023 City Council meeting. Councilmember Phan requested a resolution for a ballot initiative that authorizes and directs the City Council to research and implement non -citizen voting in the City. Councilmember Bacerra asked for clarification regarding the placement of an advisory measure on the ballot. City Attorney Sonia Carvalho spoke regarding her experience with advisory measures. MINUTES OF REGULAR MEETING City Council 21 7-83 September 19, 2023 2/6/2024 Councilmember Pena/oza asked for clarification regarding direction of the item. Councilmember Phan stated she would like a ballot measure on the November 2024 General Election which states, "The City Council of the City of Santa Ana shall research and implement non -citizen voting for local municipal elections within the City of Santa Ana. " She explained if and when the ballot measures passes, the City Council would then come back and do the research and implementation to the extent of the law. City Manager Kristine Ridge clarified that Mayor Pro Tem Lopez, Councilmember Vazquez, Councilmember Hernandez, and Councilmember Phan would like an advisory measure. CITY MANAGER COMMENTS City Manager Kristine Ridge announced live streaming of Fiestas Patrias and that an International Older Adults Celebration would be held on Friday, September 29, 2023. COUNCIL COMMENTS AB1234 DISCLOSURE — If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended. 1. September 7 - 8, 2023 Councilmember Phan - 2023 Asian American Pacific Islander Leadership Summit in Sacramento, CA. Councilmember Phan spoke regarding her experience at the Summit in Sacramento. She announced the 2nd Annual Mid -Autumn Festival at Centennial Park on October 2, 2023 and thanked staff for their hard work and efforts, and spoke regarding `Tea with Thai' at Godinez Fundamental High School. 2. September 7 - 9, 2023 Mayor Pro Tern Lopez - Local Progress 2023 National Convening in St. Louis, MO. Mayor Pro Tem Lopez — AB1234 Disclosure the City of Santa Ana paid for her travel and expenses to visit the Local Progress 2023 National Convening. She announced a park clean-up with Orange County Habitat and requested the community be involved with California Coastal Clean-up Month. Councilmember Vazquez expressed his excitement in honoring the Sahauyo City Council and thanked City staff for their hard work and efforts, and announced the County of Orange is now accepting applications for Section 8 Housing until September 29, 2023. Councilmember Hernandez thanked the community for their participation and engagement and the Parks and Recreation Division for their hard work and efforts on Fiesta Patrias. He expressed his excitement in forming a partnership with Sahuayo and thanked City staff for their hard work in hosting the Sahuayo City Council. MINUTES OF REGULAR MEETING 22 September 19, 2023 City Council 7 — 84 2/6/2024 Councilmember Penaloza thanked the Parks and Recreation Division for their hard work and efforts in hosting City events, wished a Happy Birthday to all those in the month of September, and announced AB1234 Disclosure: The City of Santa Ana paid for his travel and expense to visit Sacramento for his swearing -in ceremony as the 2nd Vice President of the Orange County Division. Councilmember Bacerra announced that his monthly community office hours will be on Saturday, October 7, 2023 at 10:00 AM at Thorton Park and spoke regarding partnership with Sahuayo. Mayor Amezcua announced she will be having Coffee with the Mayor at the Senior Center on Saturday, September 23, 2023 from 10:00 A.M. — 12:00 P.M., and clarified multiple future City events have already been budgeted for the next year. She thanked the Santa Ana Police Department and the Orange County Fire Authority for their hard work and dedication, spoke regarding public safety, announced that October 3, 2023 will be the first meeting to present on Public Intoxication, and thanked the community and all City staff for the participation and hard work on Fiestas Patrias. ADJOURNMENT — Adjourn the City Council meeting. MINUTES: Mayor Amezcua adjourned the City Council at 11:04 P.M. in memory of Josefina Martinez Anguiano, Leonard Joseph Garcia, Jr., and Los Angeles Deputy Sheriff Ryan Clinkunbroomer. Respectfully submitted: Jennifer L. Hall, CMC City Clerk MINUTES OF REGULAR MEETING 23 September 19, 2023 City Council 7 — 85 2/6/2024 DRAFT Minutes of the Regular Meeting of the City Council City of Santa Ana, California October 3, 2023 CLOSED SESSION MEETING - 4:00 P.M. REGULAR OPEN MEETING - 5:30 P.M. (Immediately following the Closed Session Meeting) CITY COUNCIL CHAMBER 22 Civic Center Plaza Santa Ana, CA 92701 CLOSED SESSION CALL TO ORDER MINUTES: Mayor Amezcua called the Closed Session Meeting to order at 4:07 P.M. ATTENDANCE Councilmembers Phil Bacerra Johnathan Ryan Hernandez David Penaloza Thai Viet Phan Benjamin Vazquez Mayor Pro Tern Jessie Lopez Mayor Valerie Amezcua City Manager Kristine Ridge City Attorney Sonia R. Carvalho City Clerk Jennifer L. Hall CITY COUNCIL City Council 1 • OCTOBER 3. 2023 2/6/2024 ROLL CALL MINUTES: City Clerk Jennifer L. Hall conducted roll call. Councilmembers Penaloza, Phan, and Vazquez, and Mayor Amezcua were present. Councilmembers Bacerra and Hernandez, and Mayor Pro Tem Lopez joined the meeting during Closed Session. ADDITIONS\DELETIONS TO CLOSED SESSION MINUTES: None. PUBLIC COMMENTS-- Members of the public may address the City Council on Closed Session items. MINUTES: No public comments were received regarding Closed Session Agenda items. RECESS — City Council will recess to Closed Session for the purpose of conducting regular City business. MINUTES: Mayor Amezcua recessed to consider the Closed Session items at 4:10 P.M. CLOSED SESSION ITEMS — The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation: 1. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION pursuant to Paragraph (1) of Subdivision (d) of Section 54956.9 of the Government Code: • Santa Ana Police Officers Association v. City of Santa Ana, Public Employment Relations Board Case No. LA-CE-1658-M 2. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a): Agency Negotiator: Jason Motsick, Human Resources Executive Director Employee Organization: • Santa Ana Police Officers Association (POA) 3. CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION pursuant tc Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code: • Margarita Jimenez v. City of Santa Ana, et al., Orange County Superior Court, Case No. 30-2021-01222252-CU-PA-NJC 4. CONFERENCE WITH LEGAL COUNSEL — SIGNIFICANT EXPOSURE TO LITIGATION pursuant to Government Code Section 54956.9(d)(2): • One (1) matter [personnel claim] CLOSED SESSION REPORT — The City Attorney will report on any action(s) from Closed Session. CITY COUNCIL E OCTOBER 3, 2023 City Council 7-87 2/6/2024 RECONVENE — City Council will reconvene to continue regular City business. CITY COUNCIL REGULAR OPEN SESSION CALL TO ORDER MINUTES: Mayor Amezcua reconvened the Regular City Council meeting at 6:18 P.M. ATTENDANCE Councilmembers Mayor Pro Tern Mayor City Manager City Attorney City Clerk ROI I COI I Phil Bacerra Johnathan Ryan Hernandez David Penaloza Thai Viet Phan Benjamin Vazquez Jessie Lopez Valerie Amezcua Kristine Ridge Sonia R. Carvalho Jennifer L. Hall MINUTES: City Clerk Jennifer L. Hall conducted roll call. All members of the City Council were present. PLEDGE OF ALLEGIANCE Andrew Linares WORDS OF INSPIRATION Pastor Tommy Cota, Hope Alive Church ADDITIONS\DELETIONS TO THE AGENDA MINUTES: City Clerk Jennifer L. Hall stated there were no revisions. CEREMONIAL PRESENTATIONS 1. Certificates of Recognition presented by Mayor Amezcua to Abound Food Care for Outstanding Contributions to the Community. 2. Certificate presented by Mayor Pro Tern Lopez to Sofia Wolff for Exceptional Athletic Performance and for qualifying to represent the United States at the Figures World Cup in 2023. 3. Proclamation presented by Councilmember Bacerra to Orange County Fire Authority declaring October 8-14, 2023 as Fire Prevention Week. 4. Proclamation presented by Councilmember Phan to Ben Chu declaring September 29, 2023 as Mid -Autumn Festival Day. CITY COUNCIL 1 OCTOBER 3, 2023 City Council 2/6/2024 MINUTES: Ceremonial Presentations Item were taken out -of -order and presented. Councilmember Phan proclaimed September 29, 2023 as Mid Autumn Festival Day and presented the proclamation to Ben Chu. Councilmember Bacerra proclaimed October 8-14, 2023 as Fire Prevention Week and presented the proclamation to Orange County Fire Authority Battalion Chief Sultzer. Mayor Pro Tem Lopez presented a certificate to Sofia Wolff and acknowledged and congratulated her on her accomplishments. Mayor Amezcua presented Certificates of Recognition to Abound Food Care and expressed her gratitude for the outstanding contributions. STAFF PRESENTATIONS 4. Homelessness Update MINUTES: Homeless Services Manager Kenneth Gominsky gave a Homelessness Update presentation. Councilmember Vazquez requested month -by -month data regarding homeless numbers, servicing, and comparisons with other cities. Councilmember Phan thanked staff for the presentation and their hard work and spoke regarding partnership with the County of Orange. Mayor Amezcua spoke regarding the mysantaana app, Union Pacific Railroad challenges, and thanked staff for their hard work and efforts. CLOSED SESSION REPORT — The City Attorney will report on any action(s) from Closed Session. MINUTES: City Attorney Sonia Carvalho stated that City Council took action on Closed Session Agenda Item No. 3, Margarita Jimenez v. City of Santa Ana, et al., Orange County Superior Court, Case No. 30-2021-01222252-CU-PA-NJC, and voted unanimously to approve the settlement of $150,000. PUBLIC COMMENT — Public comments will be held during the beginning of the meeting for ALL comments on agenda and non -agenda items, except for public hearings. Comments for public hearings will take place after the hearing is opened. MINUTES: The following speakers addressed Council in -person: 1. Arsenio Lopez spoke regarding an incident at his family business, Arsenio's Mexican Food, on Harbor and McFadden. 2. Dr. Gabriela Mafi, Garden Grove Unified School Districit Superintendent, spoke in support of Agenda Item No. 12 and spoke regarding the need for a full-time School Resource Officer. CITY COUNCIL I OCTOBER 3, 2023 City Council 2/6/2024 3. Beth Thomas spoke regarding the Washington Square neighborhood, expressed concern regarding the sale of land in the neighborhood, and requested Council purchase the land to build a park. 4. Irma Jauregui expressed concern regarding Agenda Item No. 28 (voting) at the previous city council meeting, spoke in support of Agenda Item No.15 and requested a no vote on Agenda Item No. 17. City Clerk Jennifer L. Hall reported out the summary of email comments received: Two (2) comments regarding Agenda Item No. 12, Six (6) comments regarding Agenda Item No. 16, and Seven (7) non -agenda comments. CONSENT CALENDAR RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 6 through 14 and waive reading of all resolutions and ordinances MINUTES: At 7:07 P.M., the Consent Calendar was considered. Councilmember Hernandez and Councilmember Bacerra pulled Agenda Item No. 7 for separate discussion and consideration. MOTION: Councilmember Bacerra moved to approve staff recommendations on the following Consent Calendar Items: 6 through 14 with the exception of Agenda Item No. 7, seconded by Mayor Amezcua. The motion carried, 7-0, by the following roll call vote: AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA NOES: NONE ABSTAIN: NONE ABSENT: NONE Status: 7 — 0 - Pass 6. Excused Absences Department(s): City Clerk's Office Recommended Action: Excuse the absent members. 7. Public Intoxication and Substance Abuse Enforcement - Monthly Report Department(s): Police Department CITY COUNCIL City Council 5 7-90 OCTOBER 3, 2023 2/6/2024 Recommended Action: Receive and file. MINUTES: Assistant Police Chief Robert Rodriguez gave a presentation regarding Public Intoxication and Substance Abuse Enforcement. Various questions and discussion ensued regarding policy implementation, arrestees release location, shelter services, operation hours and costs, transportation services, and bus passes. Assistant Police Chief Rodriguez spoke regarding the enforcement policy, services provided, hours of operation, and costs associated. Councilmember Hernandez requested strengthening relationships with local community organizations and having a proactive approach for transportation services. Councilmember Bacerra spoke regarding the purpose of the policy. MOTION: Mayor Amezcua moved to approve the recommended action for Item No. 7, seconded by Councilmember Bacerra. The motion carried, 6-0-0-1, by the following roll call vote: AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA NOES: NONE ABSTAIN: NONE ABSENT: COUNCILMEMBER HERNANDEZ Status: 6 — 0 — 0 — 1 —Pass 8. Award Purchase Orders to Guaranty Chevrolet Motors, Inc. and Penske Chevrolet of Cerritos for Two Chevrolet Trucks in an Aggregate Amount Not to Exceed $212,899 (Specification No. 23-146) (General Fund and Non -General Fund) Department(s): Public Works Agency Recommended Action: 1. Authorize a one-time purchase and payment of purchase order to Guaranty Chevrolet Motors, Inc. for one Chevrolet 250OHD Truck in the amount of $92,377, plus a contingency amount of $10,000, for a total amount not to exceed $102,377, subject to non -substantive changes approved by the City Manager and City Attorney. 2. Authorize a one-time purchase and payment of purchase order to Penske Chevrolet of Cerritos for one Chevrolet 250OHD Utility Service Body Truck in the amount of $100,522, plus a contingency amount of $10,000, for a total amount CITY COUNCIL I OCTOBER 3, 2023 City Council 7-91 2/6/2024 not to exceed $110,522, subject to non -substantive changes approved by the City Manager and City Attorney. 9. Approve Second Amendment with Bucknam Infrastructure Group, Inc. to Extend the Agreement Term and Increase the Total Agreement Amount by $100,000 for Pavement Management Program and Geographic Information System Professional Services (Non -General Fund) (Project 24-6898) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute a second amendment to the agreement with Bucknam Infrastructure Group, Inc. to extend the agreement term to expire October 18, 2024, and increase the total compensation by $100,000, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-167). 10.Approve Agreements with AKM Consulting Engineers, Anser Advisory Management, LLC., Ardurra Group, Inc., Cannon, and Willdan Engineering for On -Call Construction Management and Inspection Services in an Aggregate Amount Not to Exceed $3,000,000, for up to a Five -Year Term Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute agreements with AKM Consulting Engineers, Anser Advisory Management, LLC., Ardurra Group, Inc., Cannon, and Willdan Engineering to provide on -call construction management and inspection services for a shared aggregate amount not to exceed $3,000,000, for a three-year term beginning October 3, 2023 and expiring on October 2, 2026, with the provision for one two-year extension, subject to non -substantive changes approved by the City Manager and City Attorney (Core Agreement No. 2023-168). 11.Amend Agreement with iWater, Inc. for Water System Computer Modeling and Engineering Services by an Additional Amount Not to Exceed $240,000 for the Remainder of the Agreement Term including Final Extension Option from April 1, 2024 through March 31, 2025 (Non -General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute the first amendment to the agreement with iWater, Inc. for water system mapping and support services, to increase amount by $120,000 annually for the remainder of the term, and exercise the final extension option from April 1, 2024 through March 31, 2025 for $120,000, for a total amount not to exceed $240,000, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-169). CITY COUNCIL City Council 7 7-92 OCTOBER 3, 2023 2/6/2024 12. Approve a Three -Year Agreement with the Garden Grove Unified School District for School Resource Officer Services in the Amount of $630,657 Payable to the City Department(s): Police Department Recommended Action: Authorize the City Manager to execute a three-year service agreement with the Garden Grove Unified School District (GGUSD), which provides for the Santa Ana Police Department to staff one full time School Resource Officer (SRO) to the school district, for the period of October 3, 2023 through October 2, 2026, in an amount not to exceed $630,657 payable to the City, subject to non- substantive changes approved by the City Manager and the City Attorney (Agreement No. 2023-170). 13.Agreement with Seaside Ice, LLC, dba Ice -America, for a Seasonal Ice Rink and Related Services (General Fund) Department(s): Parks, Recreation, and Community Services Recommended Action: Authorize the City Manager to execute an agreement with Seaside Ice, LLC, dba Ice- America, for a total amount not to exceed $795,936, which includes the base amount of $723,536 and a contingency amount of $72,400, for a term beginning October 3, 2023 and ending January 31, 2024, subject to non- substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-171). 14.Adopt a Resolution Declaring City -Owned Properties as Surplus Land and Exempt Surplus Land and Directing the City Manager or their designee to Comply with the Requirement of Government Code §54220 et seq. for the Sale and Activation of Surplus Land Department(s): Public Works Agency Recommended Action: Adopt a resolution declaring City -owned property as surplus land and exempt surplus land and directing the City Manager or designee to comply with the requirements of Government Code §54220 et seq. for the sale and transfer of ownership accordingly. Surplus Land: APN Address Land Use Remnant Area Lot Configuration 011-134-06 901 E. Chestnut Ave. R 5,977 Standard �099-224-39 5225 W. 1 St St. R1 5,738 Standard 1099-224-38 5221 W. 1st St. R1 5,744 Standard 008-225-23 217 S. Bristol St. R2 3,447 Standard 008-225-24 219 S. Bristol St. R2 5,616 Standard 008-231-25 223 S. Bristol St. R2 4,556 Standard 004-121-12 1307 W. 10th St. SP1 6,255 Standard 099-224-33 114 N. Euclid St. C1 5,000 SubStandard CITY COUNCIL 8 OCTOBER 3, 2023 City Council 7 — 93 2/6/2024 Exempt Surplus Land: APN Address Land Use Remnant Area Lot Configuration 109-121-23 2201 W. La Verne Ave. R 1,651 SubStandard 008-084-10 1102 W. 5th St. R 2,711 SubStandard 405-121-06 801 N. English St. R 3,976 SubStandard 109-092-61 1209 S Sullivan St. R 3,226 SubStandard 002-131-57 2337 N. Riverside Dr. R 2,150 SubStandard 403-121-30 1730 S. Grand Ave. R 505 SubStandard 398-381-09 414 Santa Fe R 1,731 SubStandard 013-053-33 1442 S. Baker St. R 2,810 SubStandard 013-052-27 1441 S. Baker St. R 336 SubStandard 013-052-28 1442 S. Rosewood Ave. R 409 SubStandard 013-123-25 1434 S. Towner St. R 1,411 SubStandard 013-124-23 1435 S. Towner St. R 1,587 SubStandard 013-121-25 1435 S. Lowell St. R 1,257 SubStandard 013-124-24 1434 S. Lowell St. R 1,444 SubStandard 144-303-22 3706 W. Camille St. SP2 597 Unknown 398-236-01 621 Spurgeon R 1,369 Substandard RESOLUTION NO.2023-065 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DECLARING VARIOUS PROPERTIES AS SURPLUS LAND AND EXEMPT SURPLUS LAND AND DIRECTING THE CITY MANAGER TO FOLLOW THE PROCEDURES SET FORTH IN THE SURPLUS LAND ACT, CALIFORNIA GOVERNMENT CODE SECTION 54220, ET SEQ., AS AMENDED, FOR THEIR DISPOSITION **END OF CONSENT CALENDAR** BUSINESS CALENDAR MINUTES: At 7:34 P.M., the business calendar was considered. 15.Ordinance Adding Article XV, Sections 36-706 through 36-710, Entitled "Street Racing and Reckless Driving Exhibitions Prohibited" to the Santa Ana Municipal Code Prohibiting Spectators at Illegal Speed Contests and Reckless Driving Exhibitions Department(s): Police Department Recommended Action: Approve first reading of an ordinance to prohibit spectators CITY COUNCIL E OCTOBER 3, 2023 City Council 7-94 2/6/2024 who knowingly attend or assist with illegal speed contests and reckless driving exhibitions. If approved, Article XV, sections 36-706 through 36-710 entitled "Street Racing and Reckless Driving Exhibitions Prohibited" will be added to the Santa Ana Municipal Code. ORDINANCE NO. NS 3051 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADDING A NEW ARTICLE XV TO CHAPTER 36 OF THE SANTA ANA MUNICIPAL CODE TO PROHIBIT SPECTATORS AT A STREET RACE OR RECKLESS DRIVING EXHIBITION (includes determination that this ordinance is not subject to the California Environmental Quality Act under California Code of Regulations, Title 14, Section 15060, subdivision (c)(2), because the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment nor under subdivision (c)(3) because the activity has no potential for resulting in physical change to the environment, directly or indirectly and so is not a project) MINUTES: Assistant Police Chief Robert Rodriguez gave a brief presentation regarding the street racing and reckless driving exhibitions proposed ordinance. City Attorney Sonia Carvalho disclosed and explained she added additional enforcement language to the original ordinance language from May 2021 (page 3, section 36707, deleted language that refers to an infraction or alternative violations through administrative citations, same change would be made on section 36708) and stated she has redline copies available for Council to review. Councilmember Hernandez spoke regarding street takeovers, expressed concern regarding infractions related to spectators, and spoke in opposition to the item. Mayor Pro Tem Lopez requested all future redline item changes be emailed to Council prior to the meeting. Councilmember Phan spoke regarding spectators at a street race or reckless driving exhibition and police officer training and education regarding enforcement distinctions. Councilmember Bacerra spoke regarding spectators at a street race or reckless driving exhibition, impacts to the community, and police officer training and education regarding enforcement distinctions and in support of the item. Councilmember Penaloza spoke regarding spectators at a street race or reckless driving exhibition, impacts to the community, police enforcement, and in support of the item. He requested City Attorney Carvalho explain the additional redline language added to the ordinance. MOTION: Councilmember Bacerra moved to approve first reading of an ordinance to prohibit spectators who knowingly attend or assist with illegal speed contests and reckless driving exhibitions. If approved, Article XV, sections 36-706 through 36-710 entitled "Street Racing and Reckless Driving Exhibitions Prohibited" will be added to the Santa Ana Municipal Code, as presented in the May 2021 City Council meeting, seconded by Councilmember Penaloza. CITY COUNCIL City Council 10 7-95 OCTOBER 3, 2023 2/6/2024 City Attorney Carvalho spoke regarding the additional enforcement language added to the ordinance. Mayor Amezcua spoke regarding the impacts of enforcement towards minors as spectators at a street takeover and in support of the item. Councilmember Vazquez expressed concern regarding the impacts of enforcement related to spectators that are minors at street takeovers and expressed the need to find a different solution. Mayor Pro Tem Lopez spoke in support of the item and the original ordinance as presented. Discussion ensued regarding police officer intervention and education, impacts to youth, quality of life, and determination/distinction of enforcement at street takeovers. SUBSTITUTE MOTION: Mayor Pro Tem Lopez moved to approve the recommended action for Item No. 15, seconded by Councilmember Phan. The substitute motion carried, 6-1, by the following roll call vote: AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA NOES: COUNCILMEMBER HERNANDEZ ABSTAIN: NONE ABSENT: NONE Status: 6 — 1 — Pass PUBLIC HEARING AGENDA ITEM NOS. 17 and 18 WERE CONSIDERED OUT -OF - ORDER AND HEARD PRIOR TO BUSINESS CALENDAR AGENDA ITEM NO. 16. PUBLIC HEARINGS MINUTES: At 8:20 P.M. Councilmember Phan reported a recusal for Public Hearing Agenda Item Nos. 17 and 18 as the listed entities are clients of her employer. Mayor Pro Tem Lopez reported a recusal for Public Hearing Agenda Item Nos. 17 and 18 in an abundance of caution related to Government Code Section 84308. 17. Appeal Application No. 2023-06 Appealing the Decision of the Planning Commission to Deny Modification to Conditional Use Permit (CUP) No. 2019-41 and CUP No. 2023-03 for a New Service Station at 2230 N. Tustin Avenue Legal Notice published in the Orange County Reporter on September 22, 2023 and said notice mailed on September21, 2023. Department(s): Planning and Building Agency CITY COUNCIL City Council 7-96 OCTOBER 3, 2023 2/6/2024 Recommended Action: After conducting its public hearing on the item, the City Council may take one of the following three actions: 1. Adopt a resolution denying Appeal Application No. 2023-06 and upholding the determination of the Planning Commission to deny modification to Conditional Use Permit No. 2019-41 and Conditional Use Permit No. 2023-03. RESOLUTION NO. 2023-066 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DENYING APPEAL NO. 2023-06 AND UPHOLDING THE DETERMINATION OF THE PLANNING COMMISSION TO DENY A MODIFICATION TO CONDITIONAL USE PERMIT NO. 2019-41 TO ALLOW THE CONSTRUCTION OF A SERVICE STATION, AND TO DENY CONDITIONAL USE PERMIT NO. 2023-03 FOR A LAND USE THAT REQUIRES A REGIONAL, STATE, OR FEDERAL PERMIT TO HANDLE, STORE, EMIT OR DISCHARGE REGULATED COMPOUNDS, MATERIALS, CHEMICALS, OR SUBSTANCES WITHIN 500 LINEAR FEET OF A PUBLIC PARK, SCHOOL (K-12), OR RESIDENTIAL ZONE IN THE ARTERIAL COMMERCIAL (C5) ZONING DISTRICT, FOR THE PROPERTY LOCATED AT 2230 NORTH TUSTIN AVENUE •O 2. Adopt a resolution approving Appeal Application No. 2023-06 overturning the determination of the Planning Commission, thereby approving modification to Conditional Use Permit No. 2019-41 and Conditional Use Permit No. 2023-03 as conditioned. RESOLUTION NO. 2023-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING APPEAL NO. 2023-06, THEREBY OVERTURNING THE DETERMINATION OF THE PLANNING COMMISSION AND APPROVING A MODIFICATION TO CONDITIONAL USE PERMIT NO. 2019-41 TO ALLOW THE CONSTRUCTION OF A SERVICE STATION, AND APPROVING CONDITIONAL USE PERMIT NO. 2023-03 FOR A LAND USE THAT REQUIRES A REGIONAL, STATE, OR FEDERAL PERMIT TO HANDLE, STORE, EMIT OR DISCHARGE REGULATED COMPOUNDS, MATERIALS, CHEMICALS, OR SUBSTANCES WITHIN 500 LINEAR FEET OF A PUBLIC PARK, SCHOOL (K-12), OR RESIDENTIAL ZONE IN THE ARTERIAL COMMERCIAL (C5) ZONING DISTRICT, FOR THE PROPERTY LOCATED AT 2230 NORTH TUSTIN AVENUE (includes determination that this project is exempt from further review pursuant to the California Environmental Quality Act (CEQA) pursuant to Section 15303 of the CEQA Guidelines (Class 3 — New Construction or Conversion of Small Structures) as Notice of Exemption, Environmental Review No. 2017-83, will be filed for this project) •O CITY COUNCIL City Council 12 7-97 OCTOBER 3, 2023 2/6/2024 3. Adopt a resolution approving Appeal Application No. 2023-06 overturning the determination of the Planning Commission, thereby approving Conditional Use Permit No. 2019-41 and Conditional Use Permit No. 2023-03 with modified conditions of approval. RESOLUTION NO. 2023-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING APPEAL NO. 2023-06, THEREBY OVERTURNING THE DETERMINATION OF THE PLANNING COMMISSION AND APPROVING A MODIFICATION TO CONDITIONAL USE PERMIT NO. 2019-41 TO ALLOW THE CONSTRUCTION OF A SERVICE STATION, AND APPROVING CONDITIONAL USE PERMIT NO. 2023-03 FOR A LAND USE THAT REQUIRES A REGIONAL, STATE, OR FEDERAL PERMIT TO HANDLE, STORE, EMIT OR DISCHARGE REGULATED COMPOUNDS, MATERIALS, CHEMICALS, OR SUBSTANCES WITHIN 500 LINEAR FEET OF A PUBLIC PARK, SCHOOL (K-12), OR RESIDENTIAL ZONE IN THE ARTERIAL COMMERCIAL (C5) ZONING DISTRICT, FOR THE PROPERTY LOCATED AT 2230 NORTH TUSTIN AVENUE (includes determination that this project is exempt from further review pursuant to the California Environmental Quality Act (CEQA) pursuant to Section 15303 of the CEQA Guidelines (Class 3 — New Construction or Conversion of Small Structures) as Notice of Exemption, Environmental Review No. 2017-83, will be filed for this project) MINUTES: City Attorney Sonia Carvalho explained the rules of due process related to the public hearing. Mayor Amezcua opened the Public Hearing at 8:26 P.M. The following speakers addressed Council in -person: 1. Michael Ayaz, appellant, spoke in opposition to the Planning Commission's decision and requested Council approve the appeal with the removal of condition no. 7. City Clerk Jennifer L. Hall reported out the summary of email 47 e-comments received. The following speakers addressed council via teleconference: 2. Nikki Tichy spoke in opposition to the item and spoke in support of option 1. 3. Mr. and Mrs. Mike DeCosra spoke in opposition to the item. 4. Kim Lacey spoke in opposition to the item and spoke in support of option 1. The following speakers addressed Council in -person: 5. Steve Braum, landlord, spoke regarding the vacant lot and in support of the item. CITY COUNCIL City Council 13 OCTOBER 3, 2023 2/6/2024 6. Kim Cordoba spoke in opposition to the item and spoke in support of option 1. 7. Dale Helvig spoke in opposition to the item and spoke in support of option 1. 8. Winston Covington spoke in opposition to the item and spoke in support of option 1. 9. Danny Vega spoke in opposition to the item and spoke in support of option 1. Planning and Building Director Minh Thai gave a presentation regarding the Planning Commissions decision to deny modification to conditional use permits for a new service station at 2230 N. Tustin Ave. RAhudtal 1. Michael Ayaz, appellant, requested the Council approve the appeal and remove condition no. 7. Mayor Amezcua closed the Public Hearing at 9:06 P.M. Councilmember Bacerra spoke in support of denying the appeal and upload the planning commission's decision. MOTION: Councilmember Bacerra moved to approved recommended action no. 1 Item No. 17, seconded by Councilmember Hernandez. The motion carried, 5-0-2, by the following roll call vote: AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER VAZQUEZ, MAYOR AMEZCUA NOES: NONE ABSTAIN: COUNCILMEMBER PHAN, MAYOR PRO TEM LOPEZ ABSENT: NONE Status: 5 — 0 — 2 - Pass RECESS MINUTES: Mayor Amezcua recessed the City Council meeting at 9:12 P.M. RECONVENE MINUTES: Mayor Amezcua reconvened the City Council meeting to order at 9:13 P.M. CITY COUNCIL City Council 14 7-99 OCTOBER 3, 2023 2/6/2024 18. Appeal Application Nos. 2023-02 and 2023-03, appealing the decision of the Planning Commission to approve Site Plan Review (SPR) No. 2023-01 and Tentative Tract Map (TTM) No. 2023-03 (County Map No. 19243) to facilitate the construction of a mixed -use development known as Cabrillo Town Center at 1901 and 1971 East Fourth Street and 515 and 525 North Cabrillo Park Drive (collectively 1901 East Fourth Street) Legal notice published in the Orange County Reporter on September 22, 2023 and said notice mailed on September21, 2023. Department(s): Planning and Building Agency Recommended Action: Adopt a resolution denying Appeal Application Nos. 2023- 02 and 2023-03 and upholding the Planning Commission's approval of two resolutions to approve Site Plan Review (SPR) No. 2023-01 and Tentative Tract Map (TTM) No. 2023-03 (County Map No. 19243) to facilitate the construction of a mixed- use development known as Cabrillo Town Center at 1901 and 1971 East Fourth Street and 515 and 525 North Cabrillo Park Drive (collectively 1901 East Fourth Street). RESOLUTION NO. 2023-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DENYING APPEAL APPLICATION NOS. 2023-02 AND 2023- 03 AND UPHOLDING THE DETERMINATION OF THE PLANNING COMMISSION TO APPROVE SITE PLAN REVIEW (SPR) NO. 2023-01 AND TENTATIVE TRACT MAP (TTM) NO. 2023-03 (COUNTY MAP NO. 19243) TO FACILITATE THE CONSTRUCTION OF A MIXED -USE DEVELOPMENT KNOWN AS CABRILLO TOWN CENTER AT 1901 AND 1971 EAST FOURTH STREET AND 515 AND 525 NORTH CABRILLO PARK DRIVE, COLLECTIVELY 1901 EAST FOURTH STREET (APNS: 400-051-02; 400-051- 09; 400-051-14; AND 400-051-15) (includes determination that in accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the Project is within the scope of the 2007 Metro East Mixed -Use Overlay Zone Environmental Impact Report (EIR) and 2018 Subsequent EIR (SEIR (SCH No. 2006031041)). MINUTES: Planning and Building Director Minh Thai gave a presentation regarding the Planning Commission's decision to approve a site plan review and tentative tract map at Cabrillo Town Center. MayorAmezcua opened the public hearing at 9:26 P.P. The following speaker addressed council via teleconference: 1. Marjan Abubo, appellant, spoke regarding the EIR and in opposition to the item. The following speakers addressed Council in -person: 2. Ed MCoy, applicant, spoke regarding the project's compliance and in support of the item. CITY COUNCIL City Council 15 7 — 100 OCTOBER 3, 2023 2/6/2024 3. Dave Rand, applicant, spoke regarding CEQA, EIR, and in support of the item. 4. Talia Nimmer, appellant, spoke regarding violation of CEQA and in opposition to the item. 5. John Tafoga spoke in opposition to the item. Rebuttal The following speakers addressed council via in -person 6. Dave Rand, applicant, spoke regarding the EIR analysis and in support of the item. 7. Talia Nimmer, appellant, spoke regarding the EIR analysis and in opposition of the item. The following speakers addressed council via teleconference: 8. Marjan Abubo, appelleant, spoke regarding the EIR analysis and in opposition of the item. City Clerk Jennifer L. Hall reported out the summary of emails three (3) e-comments received. Mayor Amezcua closed the public hearing at 9:50 P.M. Councilmember Bacerra spoke regarding the hiring of local workers, objectives of the proposed development plan, and in opposition to the item. MOTION: Councilmember Bacerra moved to approve Appeal Application Nos. 2023-02 and 2023-03 and deny Site Plan Review (SPR) No. 2023-01 and Tentative Tract Map (TTM) No. 2023-03 (County Map No. 19243), seconded by Councilmember Hernandez. The motion carried, 5-0-2, by the following roll call vote: AYES: COUNCILMEMBER COUNCILMEMBER MAYOR AMEZCUA NOES: NONE ABSTAIN: COUNCILMEMBER LOPEZ(recusal) ABSENT: NONE Status: 5 — 0 — 2 - Pass BACERRA, COUNCILMEMBER HERNANDEZ, PENALOZA, COUNCILMEMBER VAZQUEZ, PHAN (recusal), MAYOR PRO TEM MINUTES: After the public hearing items were heard Councilmember Phan and Mayor Pro Tem Lopez returned to the dais at 9:53 P.M. CITY COUNCIL City Council 16 7 — 101 OCTOBER 3, 2023 2/6/2024 BUSINESS CALENDAR 16. Consider Options Presented Regarding Whether to Affirm the City Council's Adoption of the Rent Stabilization and Just Cause Eviction Ordinance and/or Whether to Amend the Rent Stabilization and Just Cause Eviction Ordinance to Require Two- Thirds Approval of all of the Members of the Santa Ana City Council to Amend the Ordinance in the Future Department(s): City Attorney Office Recommended Action: Consider the options described below and, at a minimum, act on Option Two by approving first reading of the ordinance to affirm prior Council adoption and consider approving first reading of an ordinance requiring two-thirds approval of all members of the Council to amend certain provisions of the ordinance in the future (Option Three); and also consider taking action to present a ballot measure to the voters to adopt a version of the current ordinance (Option Four) or an ordinance requiring two-thirds approval to amend certain provisions in the future (Option Five) with associated election details. 1. Take no action; •b 2. Affirm prior Council action by approving the First Reading of an Ordinance Affirming the Santa Ana City Council's Adoption of Ordinance No. NS-3027 Entitled An Ordinance of the City Council of the City of Santa Ana Amending Article X of Chapter 8 of the Santa Ana Municipal Code and Creating a New Article XIX in Chapter 8 of the Santa Ana Municipal Code Pertaining to the Rent Stabilization and Just Cause Eviction Ordinances ORDINANCE NO. NS-XXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AFFIRMING ADOPTION OF ORDINANCE NO. NS-3027 AMENDING ARTICLE X OF CHAPTER 8 OF THE SANTA ANA MUNICIPAL CODE AND CREATING A NEW ARTICLE XIX IN CHAPTER 8 OF THE SANTA ANA MUNICIPAL CODE PERTAINING TO THE RENT STABILIZATION AND JUST CAUSE EVICTION ORDINANCES (includes determination that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines because it will not have a direct or reasonably foreseeable indirect physical change in the environment as it is not a "project" as defined in section 15378 of the State CEQA Guidelines); x 3. Approve the First Reading of an Ordinance Amending Article X of Chapter 8 of the Santa Ana Municipal Code Pertaining to the Rent Stabilization and Just Cause Eviction Ordinances to Require Two -Thirds Approval by All of the Members of the City Council for Certain Future Amendments CITY COUNCIL City Council 17 7 — 102 OCTOBER 3, 2023 2/6/2024 ORDINANCE NO. NS-3052 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING ARTICLE XIX OF CHAPTER 8 OF THE SANTA ANA MUNICIPAL CODE PERTAINING TO THE RENT STABILIZATION AND JUST CAUSE EVICTION ORDINANCES TO REQUIRE TWO-THIRDS APPROVAL BY ALL MEMBERS OF THE CITY COUNCIL FOR CERTAIN FUTURE AMENDMENTS (includes determination that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines because it will not have a direct or reasonably foreseeable indirect physical change in the environment as it is not a "project" as defined in section 15378 of the State CEQA Guidelines); AND/OR 4. Approve a Resolution of the City Council of the City of Santa Ana Giving Notice of a General Municipal Election of November 5, 2024 for the Submission of a Ballot Measure to the Qualified Voters to Affirm the Santa Ana City Council's Adoption of a Rent Stabilization and Just Cause Eviction Ordinance and Providing for the Filing of Argument and Rebuttal Statement (This is a ballot measure for voter approval of the Option 2 version of the ordinance) RESOLUTION NO. 2023-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA GIVING NOTICE OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN THE CITY OF SANTA ANA ON NOVEMBER 5, 2024 FOR THE SUBMISSION OF A BALLOT MEASURE TO THE QUALIFIED VOTERS AFFIRMING THE SANTA ANA CITY COUNCIL'S ADOPTION OF A RENT STABILIZATION AND JUST CAUSE EVICTION ORDINANCE, REQUESTING CONSOLIDATION WITH THE STATEWIDE GENERAL ELECTION, AND PROVIDING FOR THE FILING OF ARGUMENT AND REBUTTAL STATEMENTS (includes determination that this Resolution is not subject to the California Environmental Quality Act (CEQA) pursuant to sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines because it will not have a direct or reasonably foreseeable indirect physical change in the environment as it is not a "project" as defined in section 15378 of the State CEQA Guidelines); AND/OR 5. Approve a Resolution of the City Council of the City of Santa Ana Giving Notice of a General Municipal Election of November 5, 2024 for the Submission of a Ballot Measure to the Qualified Voters to Amend the Rent Stabilization and Just Cause Eviction Ordinance to require Two -Thirds Approval by All the Members of the City Council for Certain Future Amendments and Providing for the Filing of Argument and Rebuttal Statements (This is a ballot measure for voter approval of the Option 3 version of the ordinance requiring two-thirds voter approval) RESOLUTION NO. 2023-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA GIVING NOTICE OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN THE CITY OF SANTA ANA ON NOVEMBER 5, 2024 CITY COUNCIL City Council 7 — 103 OCTOBER 3, 2023 2/6/2024 FOR THE SUBMISSION OF A BALLOT MEASURE TO THE QUALIFIED VOTERS AMENDING THE CITY'S RENT STABILIZATION AND JUST CAUSE EVICTION ORDINANCE TO REQUIRE TWO-THIRDS APPROVAL BY ALL OF THE MEMBERS OF THE CITY COUNCIL FOR AMENDMENT OF CERTAIN PROVISIONS OF THE ORDINANCE, REQUESTING CONSOLIDATION WITH THE STATEWIDE GENERAL ELECTION, AND PROVIDING FOR THE FILING OF ARGUMENT AND REBUTTAL STATEMENTS (includes determination that this Resolution is not subject to the California Environmental Quality Act (CEQA) pursuant to sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines because it will not have a direct or reasonably foreseeable indirect physical change in the environment as it is not a "project" as defined in section 15378 of the State CEQA Guidelines) MINUTES: City Attorney Sonia Carvalho gave a brief presentation regarding the options regarding whether to affirm the City Council adoption of the rent stabilization and just cause eviction ordinance. Councilmember Hernandez spoke in support of options 3 and 4. Councilmember Vazquez spoke in support of options 3 and 4. Councilmember Bacerra asked for clarification regarding the proposed options and requested Council take no action. Councilmember Phan spoke in support of option 3 and requested staff bring back the ballot measure listed on option 4 at the next Council meeting. Mayor Pro Tem Lopez spoke in support of option 3 and requested staff bring back the ballot measure listed on option 4 at the next Council meeting. Councilmember Penaloza asked for clarification regarding proposed option 3. City Attorney Carvalho spoke regarding the proposed ordinance in option 3. Councilmember Penaloza asked for the cost of the ballot measure and funding required. City Clerk Jennifer L. Hall stated that the cost of ballot measure is estimated to be $8, 500 per the Registrar of Voters Office (ROV) with additional allocation for translation and publication requiring a budget amendment. Mayor Amezcua asked for clarification regarding the cost of a ballot measure. City Clerk Hall spoke regarding the estimated costs for the General Election for November 2024. CITY COUNCIL City Council 19 7 — 104 OCTOBER 3, 2023 2/6/2024 MOTION: Councilmember Phan moved to approve recommended action no 3 for Item No. 16 and have staff bring back the ballot measure resolution, and election documents as listed on option 4 at the next Council meeting, seconded by Mayor Pro Tern Lopez. MINUTES: Discussion ensued regarding all of the proposed options listed on the staff report. Mayor Pro Tem Lopez stated she has not spoken to the City Manager or City Attorney regarding this agenda item. Mayor Amezcua requested that City Clerk Hall provide costs associated with the election, and stated she spoke with the City Attorney to ask for clarification regarding an Ad -Hoc Committee to address ballot measures to be placed on the General Election ballot. SUBSTITUTE MOTION: Councilmember Bacerra moved to approve recommended action No. 1 for Item No. 1, seconded by Mayor Amezcua. The substitute motion failed, 3-4, by the following roll call vote: AYES: COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ NOES: COUNCILMEMBER BACERRA, COUNCILMEMBER PENALOZA, MAYOR AMEZCUA ABSTAIN: NONE ABSENT: NONE Status: 3 — 4 - Fail MOTION: Councilmember Phan moved to approve recommended action no 3 for Item No. 16 and have staff bring back the ballot measure resolution, and election documents as listed on option 4 at the next Council meeting, seconded by Mayor Pro Tern Lopez. The motion carried, 4-3, by the following roll call vote: AYES: COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ NOES: COUNCILMEMBER BACERRA, COUNCILMEMBER PENALOZA, MAYOR AMEZCUA ABSTAIN: NONE ABSENT: NONE Status: 4 — 3 - Pass **END OF BUSINESS CALENDAR** CITY COUNCIL 20 OCTOBER 3, 2023 City Council 7 — 105 2/6/2024 PUBLIC HEARINGS PUBLIC HEARING AGENDA ITEM NOs 17 and 18 WERE CONSIDERED OUT -OF - ORDER AND HEARD PRIOR TO BUSINESS CALENDAR AGENDA ITEM NO. 16. CITY MANAGER COMMENTS MINUTES: City Manager Kristien Ridge announced the following events: • National Walk to School Day — October 4, 2023 • Santa Ana Birch Park Movie Series — October 5, 2023 at 5:30 P.M. • Police Oversight Commission meeting — October 6, 2023 at 3:00 P.M. • Mid -Autumn Festival at Centennial Park — October 7, 2023 from 4:00 P.M. to 9: 00 P.M. • Public Works Agency Developing the first Street Lighting Master Plan COUNCIL COMMENTS AB1234 DISCLOSURE — If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended. 1. September 20-22, 2023 Councilmember Phan — League of California Cities Annual Conference in Sacramento, CA. 2. September 20-22, 2023 Councilmember Bacerra — League of California Cities Annual Conference in Sacramento, CA. 3. September 21-22, 2023 Councilmember Penaloza — League of California Cities Annual Conference in Sacramento, CA MINUTES: Councilmember Vazquez spoke regarding multiple events he attended, expressed excitement for the Dia de Los Muertos Event, Noches de Altares Event, and Viva La Vida Event, and invited all to attend Valley High School's Dia de Los Muertos Event on November 2, 2023. Mayor Pro Tem Lopez thanked Public Works Agency and Parks, Recreation and Community Services Agency staff for their hard work and efforts and spoke regarding the unveiling of Santiago Park and future projects. She announced office hours at Portola Park. Councilmember Penaloza - AB1234 Disclosure: The City of Santa Ana paid for his travel and expense to visit Sacramento for his swearing -in ceremony as the 2nd Vice President of the Orange County Division of the League of California Citites and spoke regarding his experience. Councilmember Hernandez thanked residents for their participation and Parks, Recreation and Community Services Agency for the unveiling of Santiago Park and their hard work CITY COUNCIL City Council 21 7 — 106 OCTOBER 3, 2023 2/6/2024 and efforts, encouraged all to attend the Mid -Autumn Festival, spoke regarding future unveilings, and closed comments in memory of Felton Shipp. Councilmember Bacerra- AB1234 Disclosure: The City of Santa Ana paid for his travel and expense to visit Sacramento for League of California Cities as voting delegate and spoke regarding his experience. He spoke regarding his attendance at several events and announced his monthly community office hours will be on Saturday, October 7, 2023 at 10:00 A.M. at George Upton All Access Park. Councilmember Phan- AB 1234 Disclosure: The City of Santa Ana paid for her travel and expense to visit Sacramento for League of California Cities and spoke regarding the ROVE groundbreaking event on September 28, 2023. She stated the Ward 1 team is collaborating with Santa Ana College on October 12, 2023 for an informational event regarding legal studies career path and wished her sister a Happy Birthday. Mayor Amezcua spoke regarding the Habitat for Humanity ribbon cutting ceremony, Santiago Park Grand Opening and thanked staff for their hard work and efforts. She announced Coffee with the Mayor at October 7, 2023 from 10:00 A.M. — 12:00 P.M. at Davis Elementary and Girls Conference at Santa Ana College on November 4, 2023. She requested to add the rental registry presentation at the next City Council meeting. ADJOURNMENT —Adjourn the City Council meeting. MINUTES: Mayor Amezcua adjourned the City Council meeting at 10:47 P.M. Respectfully submitted: Jennifer L. Hall, CIVIC City Clerk CITY COUNCIL City Council 22 7 — 107 OCTOBER 3, 2023 2/6/2024 DRAFT Minutes of the Special Meeting of the City Council City of Santa Ana, California d October 9, 2023 CLOSED SESSION MEETING - 5:30 P.M. CITY COUNCIL CHAMBER 22 Civic Center Plaza Santa Ana, CA 92701 CLOSED SESSION CALL TO ORDER MINUTES: Mayor Amezcua called the Closed Session Meeting to order at 5:36 P.M. ATTENDANCE Council Members Phil Bacerra Johnathan Ryan Hernandez David Penaloza Thai Viet Phan Benjamin Vazquez Mayor Pro Tern Jessie Lopez Mayor Valerie Amezcua City Manager Kristine Ridge City Attorney Sonia R. Carvalho City Clerk Jennifer L. Hall City Council 2 10/9/2023 City Council 7 — 108 2/6/2024 ROLL CALL MINUTES: City Clerk Jennifer L. Hall conducted roll call. Councilmembers Bacerra, Penaloza, Phan, Vazquez, Mayor Pro Tem Lopez, and Mayor Amezcua were present. Councilmember Hernandez joined the meeting during Closed Session. PLEDGE OF ALLEGIANCE Mayor Amezcua PUBLIC COMMENTS - Members of the public may address the City Council on Closed Session items. MINUTES: No public comments were received regarding Closed Session Agenda items. RECESS - City Council will recess to Closed Session for the purpose of conducting regular City business. MINUTES: Mayor Amezcua recessed to consider the Closed Session items at 5:38 P.M. CLOSED SESSION ITEMS - The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation: PUBLIC EMPLOYEE SEPARATION/RELEASE pursuant to Government Code §54957(b)(1) 2. CONFERENCE WITH LEGAL COUNSEL — SIGNIFICANT EXPOSURE TO LITIGATION pursuant to Government Code §54956.9(d)(2): • One (1) matter [personnel claim] RECONVENE - City Council will reconvene to continue regular City business. MINUTES: Mayor Amezcua reconvened the City Council to order at 6:26 P.M. CLOSED SESSION REPORT - Session. The City Attorney will report on any action(s) from Closed MINUTES: City Attorney Sonia Carvalho stated that the City Council took action on Closed Session Agenda Item No. 1 PUBLIC EMPLOYEE SEPARATION/RELEASE pursuant to Government Code §54957(b)(1), by a vote of 6-1 (Mayor Pro Tem Lopez voting `No) that the City Council has agreed to accept the resignation of City Manager Kristine Ridge effective October 9, 2023 and approved a severance and release agreement (Agreement No. 2023- 172). City Council 2 10/9/2023 City Council 7 - 109 2/6/2024 COUNCIL COMMENTS MINUTES: None. ADJOURNMENT —Adjourn the Special City Council meeting. MINUTES: Mayor Amezcua adjourned the City Council meeting at 6:27 P.M. Respectfully submitted: Jennifer L. Hall, CMC City Clerk City Council 2 10/9/2023 City Council 7 —110 2/6/2024 DRAFT Minutes of the Closed Session and Regular Meeting of the City Council City of Santa Ana, California October 17, 2023 CLOSED SESSION MEETING - 4:30 P.M. REGULAR OPEN MEETING - 5:30 P.M. (Immediately following the Closed Session Meeting) CITY COUNCIL CHAMBER 22 Civic Center Plaza Santa Ana, CA 92701 CLOSED SESSION CALL TO ORDER MINUTES: Mayor Amezcua called the Closed Session Meeting to order at 4:35 P.M. ATTENDANCE Council Members Phil Bacerra Johnathan Ryan Hernandez David Penaloza Thai Viet Phan Benjamin Vazquez Mayor Pro Tern Jessie Lopez Mayor Valerie Amezcua Acting City Manager Steven A. Mendoza City Attorney Sonia R. Carvalho City Clerk Jennifer L. Hall City Council 1 October 17, 2023 City Council 7 —111 2/6/2024 ROLL CALL MINUTES: City Clerk Jennifer L. Hall conducted roll. Councilmembers Bacerra, Penaloza, Phan, Vazquez, and Mayor Amezcua were present. Councilmember Hernandez and Mayor Pro Tem Lopez joined the meeting during Closed Session. ADDITIONS\DELETIONS TO CLOSED SESSION MINUTES: City Clerk Jennifer L. Hall stated there were no revisions to the Closed Session Agenda. Councilmember Phan reported a recusal for Closed Session Agenda Item No. 1 as the listed entities are clients of her employer. PUBLIC COMMENTS-- Members of the public may address the City Council on Closed Session items. MINUTES: No public comments were received regarding Closed Session Agenda items. RECESS — City Council will recess to Closed Session for the purpose of conducting regular City business. MINUTES: Mayor Amezcua recessed to consider the Closed Session items at 4:36 P.M. CLOSED SESSION ITEMS — The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation: 1. CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code: • In re Aqueous Film -Forming Foams Prods. Liability Litigation, United States District Court for the District of South Carolina, Charleston Division, Case No. MDL 2:18-mn-2873-RMG MINUTES: Councilmember Phan recused herself from Closed Session Item No. 1 and left the room at 4:48 P.M., returning at 4:59 P.M. following consideration of the item. 2. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a): Agency Negotiator: Ramon Figueroa, Acting Human Resources Executive Director Employee Organization: • Santa Ana Police Officers Association (POA) 3. PUBLIC EMPLOYEE EMPLOYMENT/APPOINTMENT pursuant to Government Code §54957 • Title: Acting City Manager/Interim City Manager/Permanent City Manager City Council 2 October 17, 2023 City Council 7 —112 2/6/2024 CLOSED SESSION REPORT — The City Attorney will report on any action(s) from Closed Session. RECONVENE — City Council will reconvene to continue regular City business. CITY COUNCIL REGULAR OPEN SESSION CALL TO ORDER MINUTES: Mayor Amezcua reconvened the Regular City Council meeting at 6:28 P.M. ATTENDANCE Council Members Mayor Pro Tern Mayor Acting City Manager City Attorney City Clerk ROLL CALL Phil Bacerra Johnathan Ryan Hernandez David Penaloza Thai Viet Phan Benjamin Vazquez Jessie Lopez Valerie Amezcua Steven A. Mendoza Sonia R. Carvalho Jennifer L. Hall MINUTES: City Clerk Jennifer L. Hall conducted roll call. All members of the City Council were present. PLEDGE OF ALLEGIANCE Police Chaplain Heather Riley WORDS OF INSPIRATION Father Greg Marquez, Immaculate Heart of Mary Catholic Church ADDITIONS\DELETIONS TO THE AGENDA MINUTES: City Clerk Jennifer L. Hall stated there were revisions to Agenda Item No. 22 to remove the reallocation of a position in the Community Development Agency. AT 6:32 P.M. AGENDA ITEM NO. 8 WAS CONSIDERED OUT OF ORDER AND HEARD PRIOR TO CEREMONIAL PRESENATIONS 8. Appoint Members to the Parks, Recreation and Community Service Commission for a Two -Year Term to Represent Residents 55 and Older Department(s): Parks, Recreation, and Community Services Recommended Action: 1. Appoint Silvia Reyes, Southwest Senior Center, to the Parks, Recreation and Community Service Commission for a two-year term expiring October 31, 2025. City Council 3 October 17, 2023 City Council 7 —113 2/6/2024 2. Appoint David Dang, Santa Ana Senior Center, to the Parks, Recreation and Community Service Commission for a two-year term expiring October 31, 2025. MOTION: Mayor Amezcua moved to approve the recommended action for Consent Calendar Agenda Item No. 8, seconded by Councilmember Hernandez. The motion carried, 7-0, by the following roll call vote: AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA NOES: NONE ABSTAIN: NONE ABSENT: NONE Status: 7-0-0-0—Pass MINUTES: City Clerk Jennifer L. Hall administered the Oaths of Offices to Silvia Reyes and David Dang. CEREMONIAL PRESENTATIONS 1. Proclamation presented by Mayor Amezcua to the City's Code Enforcement Team declaring October 9-13, 2023, as Code Enforcement Officer Appreciation Week. 2. Proclamation presented by Mayor Pro Tern Lopez to Radiant Futures declaring October 2023 as Domestic Violence Awareness Month. 3. Proclamation presented by Councilmember Bacerra declaring October 2023 as Filipino American History Month. MINUTES: Mayor Amezcua proclaimed October 9-13, 2023 as Code Enforcement Appreciation week and presented the proclamation to the Code Enforcement Team. She thanked the Code Enforcement Team for all their hard work and efforts. Planning and Building Development Director Minh Thai thanked the Mayor for the proclamation and the team for their hard work and efforts. Mayor Pro Tem Lopez proclaimed October 2023 as Domestic Violence Awareness Month and presented the proclamation to Radiant Futures. Councilmember Bacerra proclaimed October 2023 as Filipino American History Month and presented the proclamation to the Philippine Consulate General Los Angeles. CLOSED SESSION REPORT WAS CONSIDERED OUT OF ORDER AND HEARD PRIOR TO STAFF PRESENTATIONS CLOSED SESSION REPORT — Session. City Council The City Attorney will report on any action(s) from Closed 9 October 17, 2023 City Council 7-114 2/6/2024 MINUTES: City Attorney Sonia Carvalho reported action on Closed Session Agenda Item No. 3. She announced Steven Mendoza will be Acting City Manager and a nationwide search will be conducted for a new City Manager. PUBLIC COMMENTS WERE CONSIDERED OUT OF ORDER AND WERE HEARD PRIOR TO STAFF PRESENTATIONS PUBLIC COMMENT — Public comments will be held during the beginning of the meeting for ALL comments on agenda and non -agenda items, with the exception of public hearings. Comments for public hearings will take place after the hearing is opened. MINUTES: The following speakers addressed Council in -person: 1. David Mackler spoke in opposition to Agenda Item No. 19. 2. Irma Jauregui (translation: Spanish) spoke regarding non -citizen voting and in opposition to Agenda Item No. 27. 3. Phuong Vu (translation: Vietnamese) spoke regarding non -citizen voting and in support of Agenda Item No. 27. 4. Vincent Tran spoke regarding non -citizen voting and in support of Agenda Item No. 27. 5. Lisa Nguyen spoke regarding non -citizen voting and in support of Agenda Item No. 27. 6. Maria Pina (translation: Spanish) spoke regarding non -citizen voting and in support of Agenda Item No. 27. 7. Wendy Haase spoke regarding hotel visitor tax. 8. Julia Gomez spoke regarding non -citizen voting in the City of San Francisco and in support of Agenda Item No. 27. 9. Frank Atayde spoke regarding hotel visitor tax and expressed concern regarding criminal activity and homeless encampments around the Holiday Inn. 10. Celeste Rivero spoke regarding non -citizen voting and in support of Agenda Item No. 27. 11. Alan Vandevort spoke regarding rent stabilization and in opposition to Agenda Item No. 27. 12. Debra Russell spoke regarding non -citizen voting and in support of Agenda Item No. 27. 13. Melissa Mier expressed concern regarding the Orange County Transportation Authority Street Car project and the negative impacts to NOVA Academy. She requested the City Council address this concern. City Council 5 October 17, 2023 City Council 7 —115 2/6/2024 14. Cecilia Andrade (translation: Spanish) expressed concern regarding the negative impacts of the OC Street Car project to NOVA Academy's campus and students. 15. Maribel Aguilar (translation: Spanish) expressed concern regarding the negative impacts of the OC Street Car project to NOVA Academy's campus and students. 16. Edaena Hernandez (translation: Spanish) expressed concern regarding the negative impacts of the OC Street Car project to NOVA Academy's campus and students. 17. Maring Calderon (translation: Spanish) expressed concern regarding the negative impacts of the OC Street Car project to NOVA Academy's campus and students. 18. Flor Flores (translation: Spanish) expressed concern regarding the negative impacts of the OC Street Car project to NOVA Academy's campus and students. 19. Anabel Pineda Medina (translation: Spanish) expressed concern regarding the negative impacts of the OC Street Car project to NOVA Academy's campus and students. 20. Tim Rush spoke in opposition to Agenda Item No. 27 and requested the Council address City issues. 21. Trinh Grant expressed concern regarding the rental registry information. 22. Teodoro Mendez (translation: Spanish) spoke regarding non -citizen voting and in support of Agenda Item No. 27. 23. Claudia Morales (translation: Spanish) spoke regarding non -citizen voting and in support of Agenda Item No. 27. 24. Victor Mendez spoke in support of the rent stabilization being placed on the ballot and expressed concern regarding the definition of non -citizen voting. 25. Jenna Narahara spoke regarding non -citizen voting in the City of San Francisco and spoke in support of Agenda Item No. 27. 26. Carlos Perea (translation: Spanish) spoke regarding non -citizen voting and in support of Agenda Item No. 27. 27. Tin Nguyen spoke regarding non -citizen voting and in support of Agenda Item No. 27. 28. Angel Sanchez (translation: Spanish) spoke regarding non -citizen voting and in support of Agenda Item No. 27. 29. Adelina Bailon (translation: Spanish) spoke regarding non -citizen voting and in support of Agenda Item No. 27. City Council 6 October 17, 2023 City Council 7 —116 2/6/2024 30. Laura Panton (translation: Spanish) spoke regarding non -citizen voting and in support of Agenda Item No. 27. 31. Silvia Avendano (translation: Spanish) spoke regarding non -citizen voting and in support of Agenda Item No. 27. 32. Ana Charco spoke regarding non -citizen voting and in support of Agenda Item No. 27. 33. Gema Suarez (translation: Spanish) spoke regarding non -citizen voting and in support of Agenda Item No. 27. 34. Jannah spoke regarding non -citizen voting and in support of Agenda Item No. 27. 35. Naja Christmas spoke regarding non -citizen voting and in support of Agenda Item No. 27. 36. Katelyn Brazer Aceves spoke regarding non -citizen voting and in support of Agenda Item No. 27. 37. Joese Hernandez thanked the City Council for approval of art funds, spoke in support of Agenda Item No. 27 and expressed concern regarding the resignation of the previous City Manager. The following speakers addressed Council via teleconference: 38. Sue Loftin spoke regarding rent stabilization and in opposition to Agenda Item No. 27. 39. Kaycee Nguyen spoke regarding non -citizen voting and in support of Agenda Item No. 27. 40. Michelle Gonzales spoke regarding rent stabilization and spoke in opposition of Agenda Item Nos. 26 and 27. 41. Aaron Saliba spoke regarding Doubletree Hotel renovations and increased security and expressed concern regarding homeless surrounding the hotel. 42. Mextli Lopez spoke in support of Agenda Item No. 27 and spoke regarding the legalities of the rental registry. City Clerk Jennifer L. Hall reported out the summary of email comments received: One (1) comment regarding Agenda Item No. 23, Two (2) comments regarding Agenda Item No. 26, Eight (8) comments regarding Agenda Item No. 27, and ten (10) non -agenda comments. STAFF PRESENTATIONS 4. Update from League of California Cities City Council 7 October 17, 2023 City Council 7 —117 2/6/2024 MINUTES: Acting City Manager Steven Mendoza stated the Update from League of California Cities presentation will be postponed for a future meeting. 5. Rental Registry Program Update MINUTES: Housing Division Manager Judson Brown gave a presentation regarding the Rental Registry Program Update. Mayor Amezcua spoke regarding residents' concerns relating to the rental registry and asked for clarification regarding the information being sent out to residents. Community Development Director Mike Garcia spoke regarding information, circulation of misinformation, and required documentation related to the rental registry. Discussion ensued regarding the ordinance requirements, associated fees, implementation, enforcement and education of the program, revenue and funding, and circulation of misinformation. Mayor Amezcua requested the presentation be agenized for the next Council meeting. CLOSED SESSION REPORT WAS CONSIDERED OUT OF ORDER AND HEARD PRIOR TO STAFF PRESENTATIONS [SEE PAGE NO. 5] PUBLIC COMMENTS WERE CONSIDERED OUT OF ORDER AND WERE HEARD PRIOR TO STAFF PRESENTATIONS [SEE PAGE NO. 5] CONSENT CALENDAR RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 6 through 26 and waive reading of all resolutions and ordinances MINUTES: At 9:19 P.M., Councilmember Bacerra pulled Agenda Item No. 9, Councilmember Penaloza pulled Agenda Item No. 26, and Mayor Pro Tem Lopez pulled Agenda Item No. 16 for separate discussion and consideration. Councilmember Hernandez announced a No vote on Agenda Item No. 25. MOTION: Councilmember Hernandez move to approve Consent Calendar Item Nos. 6 through 26 with the exception of Agenda Item Nos. 9, 16, and 26, and Agenda Item No. 8 considered earlier in the meeting, seconded by Mayor Amezcua. The motion carried, 7-0, by the following roll call vote: City Council e October 17, 2023 City Council 7 —118 2/6/2024 AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, COUNCILMEMBER VASQUEZ, MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA NOES: NONE ABSTAIN: NONE ABSENT: NONE Status: 7-0-0-0 — Pass 6. Excused Absences Department(s): City Clerk's Office Recommended Action: Excuse the absent members. 7. Minutes from the Special Closed Session and Regular Meeting of January 17, 2023 Department(s): City Clerk's Office Recommended Action: Approve minutes. 9. Santa Ana Multidisciplinary Response Team (SMART) Program 2023 Progress Report Department(s): Community Development Agency Recommended Action: Receive and file SMART Program 2023 Progress Report. MINUTES: Councilmember Bacerra requested CityNet be present to accept services for individuals being released from the jail. Homeless Services Division Manager Kenneth Gominsky spoke regarding the release of inmates and stated placing a CityNet individual outside the jail would be difficult, and spoke regarding his audit experience with CityNet services and a potential operation partnership with Project Kinship. Mayor Pro Tem Lopez asked for clarification related to the numbers for permanent housing and detox and mental health beds. Homeless Services Division Manager Gominsky spoke regarding permanent housing and availability of beds. Mayor Amezcua asked for clarification regarding the number of social workers. Homeless Services Division Manager Gominsky spoke regarding the number of social workers and hours of services, and new laws and impacts related to mental health. Discussion ensued regarding increased service hours from CityNet, collected data for calls for service, and associated costs and fees. City Council 9 October 17, 2023 City Council 7 —119 2/6/2024 MOTION: Councilmember Hernandez moved to approve the recommended action for Consent Calendar Agenda Item No. 9, seconded by Councilmember Bacerra. The motion carried, 7-0, by the following roll call vote: AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA NOES: NONE ABSTAIN: NONE ABSENT: NONE Status: 7-0-0— 0 — Pass 10. Authorize Issuance of the Fiscal Year 2023-24 Request for Proposals for Affordable Homeownership Opportunities; Approve an Update to the Down Payment Assistance Program Guidelines; Allocate Additional Funds to Down Payment Assistance Department(s): Community Development Agency Recommended Action: 1. Authorize the City Manager to issue a Fiscal Year 2023-24 Request for Proposals for Affordable Homeownership Opportunities to solicit proposals for affordable ownership project(s) in the City of Santa Ana with funding from the HOME Investment Partnerships (HOME) Program. 2. Authorize the City Manager to update the City's Down Payment Assistance Program to include City's high school loan forgiveness incentive and increase the maximum debt -to -income ratios. 3. Approve an Appropriation Adjustment to recognize $762,979.40 in CalHome Program Re -use Funds and $1,527,020.60 in Inclusionary Housing Funds and appropriate these additional funds to the Down Payment Assistance Program. (Requires five affirmative votes) 11. Award a Blanket Order Contract to Brodart Company for Library Cataloging and Purchase of Collections and Materials for the Santa Ana Public Library in an Annual Amount not to Exceed $590,000 (General Fund) Department(s): Library Recommended Action: Award a blanket order contract to Brodart Company for cataloging and purchase of collections and materials for the Santa Ana Public Library, in an annual amount not to exceed $590,000, for a three-year term beginning November 1, 2023 through October 31, 2026, with options for two one-year renewals, subject to non -substantive changes approved by the City Manager and City Attorney. City Council 10 October 17, 2023 City Council 7 — 120 2/6/2024 12. Approve an agreement with Overdrive, Inc. for digital content hosting and distribution in an amount not to exceed $405,000 and an appropriation adjustment in the amount of $16,639 (General Fund) Department(s): Library Recommended Action: 1. Authorize the City Manager to execute an agreement with Overdrive, Inc. to provide hosting services and digital content in an amount not to exceed $405,000 for a term beginning November 1, 2023 and expiring June 30, 2026, with provision for two, 1- year renewal options, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-173). 2. Approve an appropriation adjustment to recognize $16,639 in California State Library California Library Services Act funds in the miscellaneous income revenue account and appropriate the same amount into the Library Tech & Support Services, Computer Software Subscriptions expenditure account. (Requires five affirmative votes) 13. Approve an Agreement with The Library Corporation (TLC) for a Library Automation System and Hosting Services in an Amount not to Exceed $179,439 (General Fund) Department(s): Library Recommended Action: Authorize the City Manager to execute an agreement with The Library Corporation to provide a library automation system and hosting services in an amount not to exceed $179,439 for a term beginning November 1, 2023 and expiring June 30, 2026, with provision for two, 1-year renewal options, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-174). 14. Approve an agreement with United States Geological Survey at the Santa Ana Zoo Department(s): Parks, Recreation, and Community Services Recommended Action: Authorize the City Manager to execute an agreement with the United States Geological Survey Western Ecological Resource Center, to provide conservation programs for a five-year period, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-175). 15. Award Purchase Order for Jones Forest Products, LLC for Two Holiday Trees for the Winter Village and Downtown Santa Ana (Specification No.23-163) (General Fund) Department(s): Parks, Recreation, and Community Services Recommended Action: Authorize a one-time purchase and payment of Purchase Order to Jones Forest Products, LLC for the procurement, installation, decoration, and removal of two holiday trees for Winter Village and Downtown Santa Ana in the amount of $59,500, plus a contingency of $5,950, for a total amount not to exceed $65,450, subject to non -substantive changes approved by the City Manager and City Attorney. City Council 11 October 17, 2023 City Council 7 — 121 2/6/2024 16. Agreement with Moore, lacofano, Goltsman, Inc. (MIG) for the Comprehensive Zoning Code Update in an Amount not to Exceed $1,574,515 (Specification No. 23-010) (General Fund and Non -General Fund) Department(s): Planning and Building Agency Recommended Action: Authorize the City Manager to make all conforming edits and execute a Professional Service Agreement with Moore, lacofano, Goltsman, Inc. (MIG) for the Comprehensive Zoning Code Update in an amount not to exceed $1,574,515, which includes a contingency amount of $50,000 and optional tasks totaling $95,700, for a two-year term beginning on October 17, 2023, and expiring on October 31, 2025, with provisions for one two-year extension, subject to non- substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-176). MINUTES: Mayor Pro Tem Lopez requested additional bullets be added to the agreement reflecting a prohibition of new gas stations. Acting City Manager Steven Mendoza spoke regarding the extensive outreach component to the agreement. MOTION: Councilmember Bacerra moved to approve the recommended action for Consent Calendar Item No. 16, seconded by Mayor Amezcua. The motion carried, 7-0, by the following roll call vote: AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA NOES: NONE ABSTAIN: NONE ABSENT: NONE Status: 7-0-0-0—Pass 17. Approve a Cooperative Agreement with Orange County Transportation Authority for the Countywide Signal Synchronization Baseline Project, for a Term Effective Until December 31, 2028 (Non -General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute a Cooperative Agreement with Orange County Transportation Authority identifying the City's role and responsibilities to implement the countywide signal synchronization baseline project, effective upon full approval of the agreement by all parties through December 31, 2028, with the option to be extended, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-177). City Council 12 October 17, 2023 City Council 7 — 122 2/6/2024 18. Approve Appropriation Adjustments and Award a Construction Contract to C.S. Legacy Construction, Inc. in the Amount of $1,598,202 for the King Street Urban Greening Project with an Estimated Construction Delivery Cost of $1,918,240 (Project No. 23-6625) (Non -General Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an appropriation adjustment to recognize $275,000 of prior year fund balance in the Federal Clean Water Protection fund, Prior -Year Carryforward revenue account (No. 05717002-50001) and appropriate the same amount into the Federal Clean Water Protection Enterprise, Improvements Other Than Building expenditure account. (Requires five affirmative votes) 2. Approve an appropriation adjustment to recognize $300,000 of prior -year fund balance in the Residential Development District 1, Park Acquisition & Development Fees, Prior Year Carryforward revenue account (No. 31113002-50001) and appropriate the same amount into the Residential Development District 1, Improvements Other Than Building expenditure account. (Requires five affirmative votes) 3. Approve an amendment to the Fiscal Year 2023-24 Capital Improvement Program to add $275,000 of Federal Clean Water Protection Enterprise funding and $300,000 of Residential Development District 1, Park Acquisition & Development funding for the King Street Urban Greening Project (23-6625). 4. Award a construction contract to C.S. Legacy Construction, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $1,598,202, subject to change orders (not to exceed 25 percent of the base bid amount) in accordance with the Greenbook: Standard Specifications for Public Works Construction, for construction of the King Street Urban Greening Project, for the term beginning October 17, 2023 and ending upon project completion, and authorize the City Manager to execute the contract subject to non -substantive changes approved by the City Manager and the City Attorney. 5. Approve the Project Cost Analysis for a total estimated construction delivery cost of $1,918,240, which includes $1,598,202 for the construction contract, $159,820 for contract administration, inspection, and testing, and a $160,218 project contingency for unanticipated or unforeseen work. 6. Determine that the recommended actions are exempt from further review in accordance with the California Environmental Quality Act ("CEQA") as Categorical Exemption Environmental Review No. ER-2023-73 was filed for this project. 19. Award a Construction Contract to All American Asphalt in the Amount of $1,899,983 for the 17th Street Rehabilitation, with an Estimated Project Delivery Cost of $2,374,980 (Project No. 21-6979 & 21-6980) (Non -General Fund) Department(s): Public Works Agency City Council 13 October 17, 2023 City Council 7 — 123 2/6/2024 Recommended Action: 1. Authorize budget reallocation of $671,980 in unspent Roadway Maintenance and Rehabilitation Account (SB-1) funds from the Fairview Rehabilitation from South City Limits to Segerstrom Avenue Improvement (No. 21-6978) Project to complete the project funding requirement as follows: $335,990 to be allocated to 17th Street Rehabilitation, Bristol to Flower (No.21-6979) Project and $335,990 to be allocated to 17th Street Rehabilitation, Fairview to Bristol (No. 21-6980) Project. 2. Award a construction contract to All American Asphalt, the lowest responsible bidder, in accordance with the base bid in the amount of $1,899,983, subject to change orders (not to exceed 25 percent of the base bid amount) in accordance with the Greenbook: Standard Specifications for Public Works Construction, for construction of the 17th Street Rehabilitation Project, for a term beginning October 17, 2023, and ending upon project completion, and authorize the City Manager to execute the contract subject to non -substantive changes approved by the City Manager and the City Attorney. 3. Approve the Project Cost Analysis for a total estimated construction delivery cost of $2,374,980, which includes $1,899,676 for the construction contract, $284,998 for contract administration, inspection, and testing, and a $189,999 project contingency for unanticipated or unforeseen work. 4. Approve an amendment to the FY 2023-24 Capital Improvement Program to include $671,980 in construction funds for the 17th Street Rehabilitation Project (Project No. 21-6979, 21-6980). 5. Determine that the recommended actions are exempt from further review in accordance with the California Environmental Quality Act ("CEQA") as Categorical Exemption Environmental Review No. ER-2021-48 was filed for this project. 20. Amend the Agreement with Service First Fountains to Increase the Contract Amount Annually by $50,000 and Extend the Term by Two Years for Fountain Maintenance and Repair Services (General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute a first amendment to the agreement with Service First Fountains to provide scheduled fountain maintenance and repair services, increasing the annual amount by $50,000 for a new annual amount not to exceed $167,000 and extend the term by two years until December 31, 2025, subject to non -substantive changes approved by the City Manager and the City Attorney (Agreement No. 2023-178). City Council 14 October 17, 2023 City Council 7 — 124 2/6/2024 21. Approve an Appropriation Adjustment and Award Site License and Lease Agreements to Pacific Coast Shuttles, LLC, DBA Futura Bus Net, Inc., for Bus Passenger Services at the Santa Ana Regional Transportation Center Department(s): Public Works Agency Recommended Action: 1. Authorize the City Manager to execute a site license agreement with Pacific Coast Shuttles, LLC, DBA Futura Bus Net, Inc. to compensate the City $2,500 per month for the rental of one bus bay for bus passenger services at the Santa Ana Regional Transportation Center, for a six-month term beginning November 1, 2023, and ending April 30, 2024, with the option of four consecutive, one-year renewal periods exercisable by the City Manager, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-179). 2. Authorize the City Manager to execute a site lease agreement with Pacific Coast Shuttles, LLC, DBA Futura Bus Net, Inc. to compensate the City $1,500 per month for ticket counter office space for bus passenger services at the Santa Ana Regional Transportation Center, for a six-month term beginning November 1, 2023, and ending April 30, 2024, with the option of four consecutive, one-year renewal periods exercisable by the City Manager, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-180). 3. Approve an appropriation adjustment recognizing Fiscal Year 2023-24 lease income in the amount of $24,000 into the Public Works Agency — Santa Ana Regional Transportation Center Operations, Rental Pacific Coast Shuttle revenue account and appropriating the same amount to the Public Works Agency- Santa Ana Regional Transportation Center Operations, Contract Services -Professional expenditure account. (Requires five affirmative votes) 22. Adopt a Resolution to Add Positions in the City Attorney's Office and the Public Works Agency. (Revised 10/16/2023) Department(s): Finance and Management Services Recommended Action: Adopt a resolution that amends the Fiscal Year 2023-24 Annual Budget to add one (1) position in the City Attorney's Office and two (2) positions in the Public Works Agency, which increases the total authorized headcount from 1,395 to 1,398. RESOLUTION NO. 2023-067 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO AMEND THE CURRENT FISCAL YEAR 2023-2024 ANNUAL BUDGET TO ADD FULL-TIME POSITIONS IN THE CITY ATTORNEY'S OFFICE AND PUBLIC WORKS AGENCY 23. Density Bonus Agreement No. 2023-01 to facilitate the construction of a rental residential development consisting of fifteen apartment units, with one unit proposed as affordable to very low-income households. Department(s): Planning and Building Agency City Council 15 October 17, 2023 City Council 7 — 125 2/6/2024 Recommended Action: 1. Adopt a resolution approving Density Bonus Agreement No. 2023-01 as conditioned. RESOLUTION NO. 2023-068 entitled A RESOLUTION OF THE CITY COUNCIL OF SANTA ANA APPROVING THE DENSITY BONUS AGREEMENT NO. 2023-01 AS CONDITIONED FOR A NEW RENTAL RESIDENTIAL DEVELOPMENT WITH FIFTEEN UNITS FOR THE PROPERTY LOCATED AT 1212 E. FOURTH STREET (APN: 398-385-02) 2. Authorize the City Manager to execute a Density Bonus Agreement with Unison Real Estate Group, LLC, for a 55-year term, for a rental residential development consisting of fifteen apartment units, with one unit proposed as affordable to very low- income households, at 1212 E. Fourth Street, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-181). 24. Adopt a Resolution and Approve Appropriation Adjustment and Agreement Accepting Fiscal Year 2022 Urban Areas Security Initiative Grant Program Funds (Non -General Fund) Department(s): Police Department Recommended Action: 1. Adopt a resolution authorizing the City Manager and the Chief of Police, or their designee(s), to enter into an agreement with the City of Anaheim for the FY 2022 Urban Areas Security Initiative Grant Program. RESOLUTION NO. 2023-069 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE CITY MANAGER AND THE CHIEF OF POLICE OR THEIR DESIGNEE(S) TO ENTER INTO AN AGREEMENT WITH THE CITY OF ANAHEIM FOR THE FY2022 URBAN AREA SECURITY INITIATIVE FUNDING PROGRAM 2. Approve an Appropriation Adjustment recognizing $1,822,800 in grant revenue from the FY 2022 Urban Area Security Initiative funding program revenue account and appropriate same to the FY 2022 Urban Area Security Initiative Program Grant expenditures accounts. (Requires five affirmative votes) 3. Authorize the City Manager and the Chief of Police to execute an agreement with the City of Anaheim accepting the FY 2022 Urban Areas Security Initiative Grant Program in the amount of $1,822,800 for the period of August 9, 2023 through March 31, 2025, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-132). 25. Second Reading of Ordinance Adding Article XV, Sections 36-706 through 36-710, Entitled "Street Racing and Reckless Driving Exhibitions Prohibited" to the Santa Ana Municipal Code First reading at the October 3, 2023 City Council meeting and approved by a vote of 6-1 (Hernandez dissenting). Published in the Orange County Reporter on October 9, 2023. City Council 16 October 17, 2023 City Council 7 — 126 2/6/2024 Department(s): City Attorney Office Recommended Action: Conduct a second reading and adopt ordinance adding Article XV, Sections 36-706 through 36-710, Entitled "Street Racing and Reckless Driving Exhibitions Prohibited" to the Santa Ana Municipal Code. ORDINANCE NO. NS-3051 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADDING A NEW ARTICLE XV TO CHAPTER 36 OF THE SANTA ANA MUNICIPAL CODE TO PROHIBIT SPECTATORS AT A STREET RACE OR RECKLESS DRIVING EXHIBITION (includes determination that this ordinance is not subject to the California Environmental Quality Act under California Code of Regulations, Title 14, Section 15060, subdivision (c)(2), because the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment nor under subdivision (c)(3) because the activity has no potential for resulting in physical change to the environment, directly or indirectly and so is not a project) MINUTES: Councilmember Hernandez announced a No vote on Agenda Item No. 25. MOTION: Councilmember Hernandez move to approve the recommended action for Item No. 25 as part of the Consent Calendar, seconded by Mayor Amezcua. The motion carried, 6-1, by the following roll call vote: AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA NOES: COUNCILMEMBER HERNANDEZ ABSTAIN: NONE ABSENT: NONE Status: 6-1 — Pass 26. Second Reading of Ordinance Amending Article XIX of Chapter 8 of the Santa Ana Municipal Code to Require Two -Thirds Approval by all Members of the City Council for Certain Future Amendments First reading at the October 3, 2023 City Council meeting and approved by a vote of 4-3 (Bacerra, Penaloza, and Amezcua dissenting). Published in the Orange County Reporter on October 9, 2023. Department(s): City Attorney Office Recommended Action: Conduct a second reading and adopt ordinance amending Article XIX of Chapter 8 of the Santa Ana Municipal Code to Require Two -Thirds Approval by all Members of the City Council for Certain Future Amendments. City Council 17 October 17, 2023 City Council 7 — 127 2/6/2024 ORDINANCE NO. NS-3052 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING ARTICLE XIX OF CHAPTER 8 OF THE SANTA ANA MUNICIPAL CODE PERTAINING TO THE RENT STABILIZATION AND JUST CAUSE EVICTION ORDINANCES TO REQUIRE TWO-THIRDS APPROVAL BY ALL MEMBERS OF THE CITY COUNCIL FOR CERTAIN FUTURE AMENDMENTS (includes determination that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines because it will not have a direct or reasonably foreseeable indirect physical change in the environment as it is not a "project" as defined in section 15378 of the State CEQA Guidelines) read by title only and waive further reading. MINUTES: Councilmember Penaloza spoke in opposition to the item. MOTION: Councilmember Phan moved to approve the recommended action for Consent Calendar Item No. 26, seconded by Councilmember Hernandez. The motion carried, 4-3, by the following roll call vote: AYES: COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ COUNCILMEMBER BACERRA, COUNCILMEMBER NOES: PENALOZA, MAYOR AMEZCUA ABSTAIN: NONE ABSENT: NONE Status: 4 - 3 — Pass **END OF CONSENT CALENDAR** BUSINESS CALENDAR MINUTES: At 9:38 P.M., the Business Calendar was considered. 27. Consider Whether to Adopt Resolutions Calling a General Municipal Election for November 5, 2024, Requesting Consolidation with the Statewide General Election, and Placing Ballot Measures Before the Voters Asking Whether to 1) Adopt a Rent Stabilization and Just Cause Eviction Ordinance and 2) Whether to Permit Noncitizen Voting in Municipal Elections Department(s): City Attorney Office Recommended Action: Consider the following options: 1. Take no action; •v City Council M October 17, 2023 City Council 7 — 128 2/6/2024 2. Adopt a resolution calling and giving notice of a General Municipal Election to be held in the City of Santa Ana on November 5, 2024 for the submission of a ballot measure to the qualified voters proposing a Rent Stabilization and Just Cause Eviction Ordinance and requesting the Orange County Board of Supervisors to consolidate this election with the Statewide General Election. RESOLUTION NO. 2023-070 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CALLING AND GIVING NOTICE OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN THE CITY OF SANTA ANA ON NOVEMBER 5, 2024 FOR THE SUBMISSION OF A BALLOT MEASURE TO THE QUALIFIED VOTERS PROPOSING A RENT STABILIZATION AN JUST CAUSE EVICTION ORDINANCE AND REQUESTING THE ORANGE COUNTY BOARD OF SUPERVISORS TO CONSOLIDATE THIS ELECTION WITH THE STATEWIDE GENERAL ELECTION (includes determination that this Resolution is not subject to the California Environmental Quality Act (CEQA) pursuant to sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, as there is no possibility it will have a significant effect on the environment and it is not a "project," as defined in section 15378 of the State CEQA Guidelines. Furthermore, the Resolution falls within the "common sense" CEQA exemption set forth in CEQA Guidelines section 15061(b)(3), excluding projects where "it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment."); AND/OR 3. Adopt a resolution calling and giving notice of a General Municipal Election to be held in the City of Santa Ana on November 5, 2024 for the Submission of a ballot measure to the qualified voters asking if the City of Santa Ana should permit noncitizen voting in City municipal elections at which municipal officers are elected and requesting the Orange County Board of Supervisors to consolidate this election with the Statewide General Election. RESOLUTION NO. 2023-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CALLING AND GIVING NOTICE OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN THE CITY OF SANTA ANA ON NOVEMBER 5, 2024 FOR THE SUBMISSION OF A BALLOT MEASURE TO THE QUALIFIED VOTERS ASKING IF THE CITY OF SANTA ANA SHOULD PERMIT NONCITIZEN VOTING IN CITY MUNICIPAL ELECTIONS AT WHICH MUNICIPAL OFFICERS ARE ELECTED AND REQUESTING THE ORANGE COUNTY BOARD OF SUPERVISORS TO CONSOLIDATE THIS ELECTION WITH THE STATEWIDE GENERAL ELECTION (includes determination that this Resolution is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, as there is no possibility it will have a significant effect on the environment and it is not a "project," as defined in Section 15378 of the State CEQA Guidelines. Furthermore, the Resolution falls within the "common sense" CEQA exemption set forth in CEQA Guidelines City Council 19 October 17, 2023 City Council 7 — 129 2/6/2024 Section 15061(b)(3), excluding projects where "it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.") MINUTES: City Attorney Sonia Carvalho presented the staff report. Councilmember Penaloza expressed concern regarding the proposed resolution regarding rent stabilization (option 2) and the unanswered questions. Councilmember Phan spoke in support of option 2. Councilmember Vazquez spoke in support of option 2. Councilmember Hernandez spoke regarding rent stabilization and in support of option 2. Councilmember Bacerra expressed concern regarding political grandstanding and spoke in opposition of rent stabilization (option 2). Mayor Pro Tem Lopez spoke regarding voter opportunities and in support of option 2. Mayor Amezcua expressed concern regarding who will run the election if the ordinance passes and political grandstanding, and spoke in opposition of option 2. Discussion ensued regarding the next steps after the approval of the resolution. MOTION: Councilmember Phan moved to approve recommended action no. 2, seconded by Councilmember Hernandez. The motion carried, 4-3, by the following roll call vote: AYES: COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ NOES: COUNCILMEMBER BACERRA, COUNCILMEMBER PENALOZA, MAYOR AMEZCUA ABSTAIN: NONE ABSENT: NONE Status: 4 - 3 — Pass MINUTES: Councilmember Phan spoke in support of Option 3, requested revisions to the ballot measure to incorporate residency requirements, recitals, and charter amendment language, and have the item be brought back at the first meeting in November. Councilmember Hernandez spoke regarding non -citizen voting and clarified what can be voted on, and in support of the requested revisions. City Council 20 October 17, 2023 City Council 7 — 130 2/6/2024 Councilmember Vazquez requested additional language "shall be allowed to vote," and in support of the requested revisions. Councilmember Bacerra expressed concern regarding the unknowns and impacts surrounding the ballot measure related to non -citizen voting and in opposition to the item. Discussion ensued regarding the proposed revised language, non -citizen voting and implementation by 2028. Mayor Pro Tem Lopez spoke in support of the item and the proposed revisions. Councilmember Penaloza suggested this item be further discussed, expressed concern regarding unknown answers and impacts related to non -citizen voting, and spoke in opposition to the item. Mayor Pro Tem Lopez asked for clarification regarding an advisory question. City Attorney Carvalho explained the purpose of an advisory question and a change in the charter. Mayor Amezcua expressed concern regarding the unknowns of allowing non -citizen voting, spoke regarding having community outreach, and in opposition to this item. MOTION: Councilmember Phan moved to return the resolution at the November 7, 2023 City Council meeting with a ballot measure that incorporates the additional recitals into the resolution as to who, why, revise the ballot measure and incorporate the fact that a charter amendment would be necessary to permit the non -citizen voters to participate in the election, specific the residency requirement of 30 days language, and incorporate the measure applies to all municipal elections by the 2028 election, seconded by Councilmember Hernandez. The motion carried, 4-3, by the following roll call vote: AYES: COUNCILMEMBER HERNANDEZ, PHAN, COUNCILMEMBER VAZQUEZ, LOPEZ NOES: COUNCILMEMBER BACERRA, PENALOZA, MAYOR AMEZCUA ABSTAIN: NONE ABSENT: NONE Status: 4 - 3 — Pass City Council **END OF BUSINESS CALENDAR** 21 COUNCILMEMBER MAYOR PRO TEM COUNCILMEMBER October 17, 2023 City Council 7 — 131 2/6/2024 PUBLIC HEARINGS PUBLIC COMMENTS-- Members of the public may address the City Council on each of the Public Hearing items. 28. Public Hearing to Adopt a Resolution to Amend the Miscellaneous Fees Schedule for the Fiscal Year 2023-2024 to Reduce the Planning and Building Agency Review Fee for Accessory Dwelling Unit Applications and to Create a New Review Fee for Accessory Dwelling Unit Applications Utilizing Pre -Approved Plans Legal notice published in the Orange County Reporter on October 4 and October 11, 2023. Department(s): Planning and Building Agency Recommended Action: Adopt a resolution amending the Fiscal Year 2023-2024 Miscellaneous Fees Schedule to reduce the Planning and Building Agency accessory dwelling unit review fee from $2,609 to $1,701 and to establish a new review fee of $460 for accessory dwelling unit applications utilizing pre -approved plans. RESOLUTION NO. 2023-071 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REDUCING THE FEE FOR ACCESSORY DWELLING UNIT APPLICATION REVIEW FROM TWO THOUSAND SIX HUNDRED NINE DOLLARS ($2,609) TO ONE THOUSAND SEVEN HUNDRED ONE DOLLARS($1,701) AND ESTABLISHING THE FEE FOR PRE -APPROVED ACCESSORY DWELLING UNIT APPLICATION REVIEW AT FOUR HUNDRED SIXTY DOLLARS ($460) MINUTES: Mayor Amezcua opened the Public Hearing at 10:41 P.M. There being no speakers, Mayor Amezcua closed the Public Hearing at 10:42 P.M. Mayor Amezcua spoke in support of the item. Councilmember Hernandez spoke in support of the item. Councilmember Bacerra spoke in support of the item. Councilmember Vazquez spoke in support of the item. MOTION: Councilmember Hernandez moved to approve Item No. 28 to adopt a resolution amending the Fiscal Year 2023-2024 Miscellaneous Fees Schedule to reduce the Planning and Building Agency accessory dwelling unit review fee from $2,609 to $1,701 and to establish a new review fee of $460 for accessory dwelling unit applications utilizing pre -approved plans, seconded by Councilmember Bacerra. The motion carried, 7-0, by the following roll call vote: City Council 22 October 17, 2023 City Council 7 — 132 2/6/2024 AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA NOES: NONE ABSTAIN: NONE ABSENT: NONE Status: 7 - 0 - Pass CITY MANAGER COMMENTS MINUTES: Assistant City Manager Steven Mendoza announced event at Memorial Pool on Saturday, October 21, 2023 from 12:00 P.M. - 3:00 P.M. COUNCIL COMMENTS AB1234 DISCLOSURE - If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended. MINUTES: Councilmember Vazquez spoke regarding Taste of Santa Ana, thanked staff for their hard work and efforts, and spoke regarding the grand opening of Ed Caruthers Park. Councilmember Hernandez thanked staff and his colleagues for their hard work and efforts, and spoke regarding the grand opening of Ed Caruthers Park and AB 436. Councilmember Phan thanked the Parks, Recreation, and Community Services Department for their hard work on the Mid -Autumn Festival at Centennial Park and the sponsors, thanked Santa Ana College for their partnership with the Ward 1 Team related to an event for becoming a lawyer, announced her attendance and her experience at OC Water Summit event, and thanked Acting City Manager Steven Mendoza for stepping up. Councilmember Bacerra thanked all residents and the community for coming out, spoke regarding the grand opening of Ed Caruthers Park, announced Coffee with the Mayor on October 28, 2023 in Ward 4 and community office hours on November 4, 2023, spoke regarding the Police Officers Association, and thanked Acting City Manager Steven Mendoza for stepping up. Councilmember Penaloza thanked Acting City Manager Steven Mendoza for stepping up, announced community event on October 21, 2023 at Memorial Park and on October 18, 2023 community workshop meeting at Washington Elementary at 6:00 P.M. to go over plans for Memorial Park, and stated the mural will be preserved at Memorial Pool. Mayor Amezcua spoke regarding Memorial Pool and Taste of Santa Ana, announced the Girls Inc. Conference at Santa Ana College on November 4, 2023 at 8:00 A.M. - 2:00 P.M. and Interfaith Meeting on October 11, 2023, spoke regarding the grand opening of Ed Caruthers Park, the clock tower on Flower St. having the wrong time, addressing issues at NOVA Academy and hotels, and wished everyone a safe Halloween. City Council 23 October 17, 2023 City Council 7 - 133 2/6/2024 ADJOURNMENT — Adjourn the City Council meeting. MINUTES: Mayor Amezcua adjourned the City Council meeting at 11:08 P.M. City Council 24 Respectfully submitted: Jennifer L. Hall, CMC City Clerk October 17, 2023 City Council 7 — 134 2/6/2024 DRAT Minutes of the Special Meeting of the City Council City of Santa Ana, California October 30, 2023 SPECIAL CLOSED SESSION MEETING AND SPECIAL OPEN MEETING - 5:30 P.M. (Immediately following the Closed Session Meeting) CITY COUNCIL CHAMBER 22 Civic Center Plaza Santa Ana, CA 92701 CLOSED SESSION CALL TO ORDER MINUTES: Mayor Amezcua called the Special Closed Session meeting to order at 5:40 P.M. ATTENDANCE Council Members Mayor Pro Tern Mayor Acting City Manager City Attorney City Clerk Phil Bacerra Johnathan Ryan Hernandez David Penaloza Thai Viet Phan Benjamin Vazquez Jessie Lopez Valerie Amezcua Steven A. Mendoza Sonia R. Carvalho Jennifer L. Hall City Council City Council 1 7 — 135 10/30/2023 2/6/2024 ROLL CALL MINUTES: City Clerk Jennifer L. Hall conducted roll call. Councilmembers Bacerra, Hernandez, Phan and Vazquez, and Mayor Amezcua were present. Councilmember Penaloza arrived during Closed Session. Mayor Pro Tem Lopez was absent. PLEDGE OF ALLEGIANCE Mayor Amezcua PUBLIC COMMENTS-- Members of the public may address the City Council on ALL Special Meeting Agenda items at this time ONLY. MINUTES: Mayor Amezcua announced speakers would have a total of one minute to address the City Council. The following speakers addressed the City Council in -person: 1. David Ball spoke in support of the continuance of the recall. 2. Yelena Ball spoke in support of the continuance of the recall. 3. Rory Kirk spoke in support of the continuance of the recall. 4. Sandra Medina read a letter from Basil Kimbrew in support of the recall. 5. Vianey Rojos (translation: Spanish) spoke in support of the continuance of the recall and expressed concern regarding her neighborhood's security and homeless issue. 6. Dale Helvig spoke in support of the continuance of the recall. 7. Desi Reyes spoke in opposition to the recall. 8. Vanessa Davalos (translation: Spanish) spoke in support of the continuance of the recall. 9. Hairo Cortes expressed concern regarding the certification of results related to the recall and spoke in opposition for the recall. 10. Alicia Rojas expressed concern regarding the certification of results related to the recall and spoke in opposition to the recall. 11. Carl Benninger spoke in support of continuing the recall. 12. Tanya Navarro expressed concern regarding the certification of results related to the recall and spoke in opposition to the recall. City Council City Council E 7 — 136 10/30/2023 2/6/2024 13. Gaston Castellanos spoke in opposition to the recall. 14. Karla Navarro expressed concern regarding the certification of results related to the recall and spoke in opposition for the recall. 15. Jeffrey Cardenas spoke in opposition to the recall. 16. Vanessa Cerda spoke in opposition to the recall. 17. Sandra De Anda spoke in opposition to the recall. 18. Jose Marrufo spoke in opposition to the recall. 19. Laura Gomez (translation: Spanish) spoke in opposition to the recall. 20. Abel Alfaro (translation: Spanish) spoke in opposition to the recall. 21. Roberto Mejia (translation: Spanish) spoke in opposition for the recall. 22. Juanita Munoz (translation: Spanish) spoke in opposition to the recall. 23. Leslie Mejia spoke in opposition for the recall. 24. Les Hall spoke regarding the validity of the recall and in opposition to the recall. 25. Kristy Matias/Juan Carlos Rodriguez (translation: Spanish) spoke in opposition to the recall. 26. Veronica Garcia spoke in support of Mayor Pro Tem Lopez and in opposition to the recall. 27. Carlos Perea expressed concern regarding the validity of the recall and spoke in opposition to the recall. 28. Rocio Guzman (translation: Spanish) spoke in support of Mayor Pro Tem Lopez and in opposition to the recall. 29. Kelly Kraus -Lee spoke regarding the cost related to the recall and spoke in opposition to the recall. 30. Ben Salazar spoke in support of Mayor Pro Tem Lopez, spoke regarding the validity of recall, and in opposition to the recall. 31. Guadalupe Ocampo (translation: Spanish) spoke in opposition to the recall. 32. Jannah spoke in opposition to the recall. City Council City Council 3 7 — 137 10/30/2023 2/6/2024 33. Debra Russell stated the recall is a waste of taxpayer money and spoke in opposition to the recall. 34. Claudia Morales (translation: Spanish) spoke in support of Mayor Pro Tem Lopez and spoke in opposition to the recall. 35. Jose Luis Rodriguez (translation: Spanish) spoke in opposition to the recall. The following speakers addressed the City Council via teleconference: 36. Victor Payan, Media Arts Santa Ana spoke in opposition to the recall. 37. Pocha Pena Sarmiento expressed concern regarding the validity of the recall and spoke in opposition to the recall. 38. Isuri Ramos spoke in opposition to the recall. 39. Mark Lopez spoke regarding Mayor Pro Tem Lopez's campaign contributions. 40. Patricia Boe spoke in opposition to the recall. 41. Yadira Torres spoke in opposition to the recall. 42. Mia Verdin spoke in opposition to the recall 43. Ray Diaz spoke in opposition to the recall. 44. Marybel spoke in opposition to the recall. RECESS — City Council will recess to Closed Session for the purpose of conducting regular City business. MINUTES: Mayor Amezcua recessed to consider the Special Closed Session items at 6:33 P.M. CLOSED SESSION ITEMS — The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation: 1. CONFERENCE WITH LEGAL COUNSEL — SIGNIFICANT EXPOSURE TO LITIGATION pursuant to Government Code Section 54956.9(d)(2): • One (1) matter 2. CONFERENCE WITH LEGAL COUNSEL — INITIATION OF LITIGATION pursuant to Paragraph (4) of subdivision (d) of Section 54956.9 of the Government Code: • One (1) case City Council City Council 4 7 — 138 10/30/2023 2/6/2024 CLOSED SESSION REPORT — The City Attorney will report on any action(s) from Closed Session. RECONVENE — City Council will reconvene to continue regular City business. CITY COUNCIL SPECIAL OPEN SESSION CALL TO ORDER MINUTES: Mayor Amezcua called the Special Open Session City Council meeting to order at 8:18 P.M. ATTENDANCE Council Members Mayor Pro Tern Mayor Acting City Manager City Attorney City Clerk Pt11 I rAl I Phil Bacerra Johnathan Ryan Hernandez David Penaloza Thai Viet Phan Benjamin Vazquez Jessie Lopez Valerie Amezcua Steven A. Mendoza Sonia R. Carvalho Jennifer L. Hall MINUTES: City Clerk Jennifer L. Hall conducted roll call. Councilmembers Bacerra, Hernandez, Penaloza, Phan and Vazquez, and Mayor Amezcua were present. Mayor Pro Tem Lopez was absent. ADDITIONS/DELETIONS TO THE AGENDA MINUTES: None. CLOSED SESSION REPORT MINUTES: City Attorney Sonia Carvalho stated there was no reportable action. BUSINESS CALENDAR MINUTES: At 8:18 P.M. the Business Calendar was considered. City Council 5 10/30/2023 City Council 7 — 139 2/6/2024 3. Review and Discuss the Letter Received from Orange County Registrar of Voters Bob Page Dated October 26, 2023 Pertaining to the November 14, 2023 Special Recall Election for Santa Ana Ward 3; Take Potential Action Concerning the Election by Motion(s) or Resolution(s) Department(s): City Attorney's Office and City Clerk's Office Recommended Action: 1. Take no action; OR 2. Approve resolution(s); AND/OR 3. Provide other direction to staff. (Staff Report and Related Documents, if any, to be Provided Prior to the Meeting) MINUTES: Councilmember Hernandez expressed concern regarding the validity of the recall, stated the recall should not continue as it is not legal, spoke regarding the recall campaign, and stated the City Clerk is legally required to rescind the certification of the results. Councilmember Vazquez spoke regarding the Registrar of Voters (ROV) letter received. Councilmember Phan spoke regarding the sufficiency of valid signatures to recall a member of the City Council and stated the resolution to recall Mayor Pro Tem Lopez should be rescinded. Councilmember Bacerra inquired regarding the certification of sufficiency by the Registrar of Voters Office and whether the ROV's Office has rescinded the certification of sufficiency certificate related to the recall election with an updated certification. City Clerk Jennifer L. Hall answered questions regarding the certificate of sufficiency related to the recall petitions and stated the City has not received a rescinding letter from the Registrar of Voters Office. Councilmember Bacerra stated the City of Santa Ana should not take responsibility for the Registrar of Voters Office mistakes. Councilmember Penaloza spoke regarding the recall election and in support of recommended action no. 1 and he requested to not take action and let the courts decide. MOTION: Councilmember Hernandez moved to approve recommended action no. 2 for Item No. 3, seconded by Councilmember Vazquez. RESOLUTION NO. 2023-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF City Council City Council I 7 — 140 10/30/2023 2/6/2024 THE CITY OF SANTA ANA DIRECTING THE CITY CLERK TO RESCIND THE CERTIFICATE OF SUFFICIENCY FOR PETITION TO RECALL COUNCIL MEMBER JESSIE LOPEZ, CANCELLING THE SPECIAL ELECTION CALLED AND NOTICED ON NOVEMBER 14, 2023, AND REPEALING RESOLUTION NOS. 2023-045, 2023- 055, AND 2023-056 SUBSTITUTE MOTION: Councilmember Penaloza moved to approve recommended action no. 1 for Item No. 3, seconded by Councilmember Bacerra. The substitute motion failed, 3-3-0-1, by the following roll call vote: AYES: COUNCILMEMBER BACERRA, PENALOZA, MAYOR AMEZCUA NOES: COUNCILMEMBER HERNANDEZ, PHAN, COUNCILMEMBER VAZQUEZ ABSTAIN: NONE ABSENT: MAYOR PRO TEM LOPEZ Status: 3-3-0-1- Fail The original motion failed, 3-3-0-1, by the following roll call vote: AYES: COUNCILMEMBER HERNANDEZ, PHAN, COUNCILMEMBER VAZQUEZ NOES: COUNCILMEMBER BACERRA, PENALOZA, MAYOR AMEZCUA ABSTAIN: NONE ABSENT: MAYOR PRO TEM LOPEZ Status: 3-3-0-1- Fail **END OF BUSINESS CALENDAR** CITY MANAGER COMMENTS MINUTES: None. COUNCIL COMMENTS COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER MINUTES: Councilmember Vazquez expressed concern with the validity of the recall election. Councilmember Hernandez stated he does not support illegal elections. Councilmember Penaloza invited all to attend the Trunk or Treat Event at Memorial Park at 5:00 P.M. Councilmember Phan expressed disappointment in the City Council. City Council City Council 7 7 — 141 10/30/2023 2/6/2024 ADJOURNMENT —Adjourn the City Council special meeting. MINUTES: MayorAmezcua adjourned the Special City Council meeting at 8:36 P.M. Respectfully submitted: Jennifer L. Hall, CMC City Clerk City Council City Council 7 — 142 10/30/2023 2/6/2024 P, _') Community Development Agency www.santa-ana.or /communit development g Y- p Item # 8 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report February 6, 2024 TOPIC: Housing Division Quarterly Report AGENDA TITLE Quarterly Report for Housing Division Projects and Activities for the Period of October 1, 2023 to December 31, 2023 RECOMMENDED ACTION Receive and file the Quarterly Report for Housing Division Projects and Activities for the period of October 1, 2023 to December 31, 2023 GOVERNMENT CODE 484308 APPLIES: No DISCUSSION This report for the quarter ending on December 31, 2023, provides information for all of the affordable housing projects and activities for the City's Housing Division. The report is divided into seven sections: Loan Activity, Loan Portfolio Management and Monitoring, Density Bonus Housing Agreements, Development Impact Fee Deferral Agreements, Rent Stabilization Program, Affordable Housing Opportunity and Creation Ordinance, and Development Projects. Loan Activity Applications The Housing Division offers several different programs, including down payment assistance for first-time homebuyers and rehabilitation grants for mobile homes and single-family homes. Inquiries are received from the public and applications are mailed out, received, and approved for these programs on a continual basis. Table 1 shows the number of inquiries, applications sent out, received, and approved by type for the quarter and for the total fiscal year: Table 1: Applications Sent Out, Received, and Approved Inquiries Applications Applications Applications Program Sent Out Received Approved Q2 Total Q2 Total Q2 Total Q2 Total FY FY FY FY Residential Rehabilitation 6 21 6 21 0 15 0 10 Grant Program Down Payment 36 103 36 97 4 4 3 7 Assistance Program City Council 8-1 2/6/2024 Housing Division Quarterly Report February 6, 2024 Page 2 Loan Subordinations 0 0 0 0 0 0 0 0 The number of applications received is typically lower than the number of applications sent out in any given period due to the stringent program guidelines for eligibility regulated by the federal government, which makes it difficult for most applicants to qualify. The City of Santa Ana's Residential Rehabilitation Grant Program is designed to improve and preserve affordable housing through the use of federal Community Development Block Grant (CDBG) funds. The Program is administered by Habitat for Humanity of Orange County on behalf of the City. The Program provides grants of up to $25,000 for eligible home repairs for low-income homeowners at or below 80% of the Area Median Income (AMI) as defined by the U.S. Department of Housing and Urban Development (HUD). Eligible activities include the repair, replacement, and/or installation of major systems including plumbing, heating, electrical, windows, roof, paint, and handicap accessibility. The Fiscal Year 2023-24 funding for this program was renewed by City Council on May 2, 2023. As of December 31, 2023, the city has received 15 applications and 10 of those applications have been approved for a rehabilitation project and one (1) project has been completed. The City no longer has any funding available to accept additional applications. Emergency Solutions Grant Program The City of Santa Ana's Emergency Solutions Grant program provides funding to engage homeless individuals and families living on the street, to improve the number and quality of emergency shelters for homeless individuals and families, provide essential services to shelter residents, rapidly rehouse homeless individuals and families, and prevent families/individuals from becoming homeless. As of July 1, 2023, the City has entered into agreements with the Santa Ana Police Department and four nonprofits to deliver these services. During this second quarter, organizations have worked diligently to enroll and deliver services to our residents. Quantitative data for this quarter is reflected below: Organization Name Project Name Clients Served Oct — Dec 2023 Santa Ana Police Department HEART Program 28 Illumination Foundation Rapid Rehousing 0 Illumination Foundation Homeless Prevention Program 3 individuals / 1 household WISEPlace Steps to Independence 2 Down Payment Assistance Loan Program For the Down Payment Assistance Loan Program (DPAP), staff evaluates applicant eligibility and oversees underwriting to ensure compliance with program guidelines and requirements established by HUD. During this quarter, staff conducted the following outreach and education on the program: City Council 8-2 2/6/2024 Housing Division Quarterly Report February 6, 2024 Page 3 • Staff conducted one (1) virtual workshop via Zoom together with NeighborWorks of Orange County with a total of nine (9) attendees. These workshops are conducted every second Tuesday of the month. • On October 3, staff participated in the PNC Bank Homebuyer Workshop event at the Boys and Girls Club of Santa Ana. Staff had the opportunity to present information on the program, set up a resource table at the event, and answer questions regarding the program. • On October 7, staff participated in the Santa Ana Mid-Autum Festival event at Centennial Park, providing information to attendees. • On October 12, staff attended the Affordable Housing Clearinghouse Community Reinvestment Forum event at Santa Ana Community College — Johnson Student Center to learn more about Expanding Affordable Homeownership Opportunities in Orange County. • On October 14, staff participated in the Madison Park — 18th Annual Walk-A- Thon, Resource Fair, and Cultural Festival Community Event. Approximately 150 attendees stopped by our booth requesting information on our downpayment assistance program. • On October 21, staff participated on a panel at the NeighborWorks Home Buyer Fair at the Anaheim Downtown Community Center and provided a resource table. Attendees had the opportunity to meet with different lenders and learn about different first time home buying programs available throughout the county. • On November 20, staff provided information on the Down Payment Assistance Program at the Santa Anita Neighborhood Association event at Cesar Chavez Campesino Park. As a result of these efforts, four (4) down payment assistance loan applications were approved and four (4) closed escrow. In December, the City of Santa Ana's Down Payment Assistance program was awarded a "Turning Red Tape into Red Carpet Award" from the Orange County Business Council (OCBC). The City's OCBC award was in the category of Building and Land Reuse and Community Revitalization. Loan Portfolio Management and Monitoring The Housing Division is responsible for managing the residential loan portfolio, which includes all of the loans entered into by the City and Housing Authority acting as the Housing Successor Agency. As of the end of the second quarter, the principal balance was $149,808,101.80. This portfolio is comprised of 346 loans, of which 324 are deferred or residual receipt payment loans. As shown in Table 2, the loan portfolio generated $677,654.47 in payments of principal and interest during the second quarter. The amount of residual receipts payments changes every quarter. City Council 8-3 2/6/2024 Housing Division Quarterly Report February 6, 2024 Page 4 Table 2: Portfolio Revenue HOME CDBG Redevelopment CalHome Loan Payoffs $68,870.47 $80,000 $31,797.35 $10,866.25 Residual Receipts $420,950.00 $0 $38,146.75 0 Payments Amortized Loan $789.38 $4,852.13 $21,382.14 0 Payments Total for Q2 $490,609.85 $84,852.13 $91,326.24 $10,866.25 Monitoring As part of the requirements for these loans, staff must monitor the owner -occupancy of single-family homes that have received loans, and the building code compliance of units in rental projects with long-term affordability covenants. During this quarter, 48 owner - occupancy recertification letters were mailed and 36 were returned and processed. This number includes letters sent from previous months. Staff also conducted a total of 12 inspections during this quarter. Density Bonus Agreements The California Density Bonus law allows developers proposing five or more residential units to request incentives or concessions in exchange for providing affordable units on site. To help make constructing on -site affordable units feasible, the law allows developers to seek up to three incentives/concessions and an unlimited number of waivers, which are variances from development standards that would help the project be built without significant burden and without detriment to public health. As of the date of this report, the City of Santa Ana has entered into the following Density Bonus Agreements: Date of Agreement Housing Development Address Affordable Units 415 rental units restricted October 2018 Metro East Senior Park 2222 E. First St. for very low income and low income or senior tenants 2110, 2114, and 2020 547 rental units restricted August 2018 First Point I & II Apartments E. First St. for very low income and low income tenants 92 rental units restricted February 2019 Legacy Square 609 North Spurgeon St. for very low income and low income tenants 11 rental units restricted November 2019 The Rafferty 114 & 117 E. Fifth St. for very low income tenants 801, 807, 809, 16 permanent supportive December 2021 FX Residences and 809 /2 housing units East Santa Ana Blvd June 2022 WISEPlace 1411 N. Broadway 47 permanent supportive housing units Brandywine Acquisition 4 townhomes restricted for August 2022 Group 1814 & 1818 E. First St. sale to moderate -income buyers City Council 8-4 2/6/2024 Housing Division Quarterly Report February 6, 2024 Page 5 October 2023 Unison Real Estate Group 1212 E. 4t" St. 1 rental unit for Very Low Income Development Impact Fee Deferral Agreements Development impact fees are a one-time charge to new developments imposed under the Mitigation Fee Act. These fees are charged to new developments to mitigate impacts resulting from the development activity and cannot be used to fund existing deficiencies. This means that for improvements that benefit existing as well as new development, impact fees can only pay for the portion of the improvement that benefits the new uses. Impact fees must be adopted based on findings of a reasonable relationship between the development paying the fee, the size of the fee, and the use of fee revenues. Development impact fees do not require voter approval and are commonly used by cities to address the impact of new development on schools, parks, transportation, etc. Prior to issuance of any building permits, the City currently requires the payment of various development impact fees. However, affordable housing developers may submit a request to defer specific development impact fees for their property pursuant to California Government Code section 66007. The City and owner then execute a Development Impact Fee Deferral Agreement to defer certain development impact fees applicable to the property and place a lien on the property to secure payment of these fees, which are due before the issuance of the certificate of occupancy or the final building check. As of the date of this report, the City has entered into the following outstanding Development Impact Fee Deferral Agreements that are pending payment: Date of Developer Housing Development Estimated Total Fees Agreement Address Due December 2021 Shelter Providers of 802, 809, 809'/z East $510,000 Orange County Santa Ana Blvd. July 2022 Washington Santa Ana 1126 &1146 E. $652,717 Housing Partners Washington Ave. Rent Stabilization Program Effective November 18, 2022, the City Council adopted an amended Rent Stabilization and Just Cause Eviction Ordinance (Ordinance) that included a number of changes. The amended Ordinance expands the administration and enforcement of renter protections for Santa Ana residents by establishing a rental housing board and a rental registry program. The amended Ordinance also includes additional petitions for tenants and landlords, voluntary mediation services, and other enhancements. The City has prepared user-friendly information on the Ordinance for both tenants and landlords on the City's webpage, including the full Ordinance and answers to Frequently Asked Questions in English, Spanish, and Vietnamese. Tenants and landlords are encouraged to sign up to receive the latest updates. City Council 8-5 2/6/2024 Housing Division Quarterly Report February 6, 2024 Page 6 Program Updates This project has met many critical milestones over the course of Quarter 2 (Q2). The City of Santa Ana Rent Stabilization Division hired a Division Manager to oversee the program. This is the first position filled within the Division. The City will continue to work with RSG, Inc. on the long-term implementation of the Ordinance while working on hiring staff and developing a team to continue to provide service to our community. The City of Santa Ana Rent Stabilization and Just Cause Eviction Ordinance requires landlords to register their rental units with the City. The deadline for rental registration was December 31, 2023. Staff provided in person and over the phone support to landlords with the rental registry process. Under the "Ordinance" Section 8-3147, property owners may file a property exemption. Staff reviewed and processed 859 property exemptions before December 31, 2023, ensuring a smooth and efficient process. During this quarter period, 18 petitions were received from tenants and landlords. Staff reviewed all of the 18 petitions. Staff conducted a series of virtual workshops to assist landlords with completing the registration process in the Rental Registry. In Q2, staff conducted the last workshop of the series by providing one (1) informational workshop for property owners. In addition to the progress made towards the long-term implementation of the Rent Stabilization Program, staff has continued to serve the community in the following ways throughout Q2: • Reviewed and revised the rental registry portal by improving features for ease of use. • Reviewed and made continuous improvements to the layout, content, and forms on the Renter Protections webpage for easier access and understanding. • Fielded calls and emails from the public and provided information, referrals, and education to renters and property owners on the City's Ordinance. • Provided walk-in assistance to answer questions from property owners and assist with the Rental Registry at the Santa Ana WORK Center at 801 W. Civic Center Drive, Suite 200, Santa Ana, CA 92701. • Currently accepting applications for appointment of the Rental Housing Board. • Two new board members were appointed to serve on the Rental Housing Board. Residents Served During this quarter, staff and RSG fielded calls from the public and provided information and education to renters and property owners on the Ordinance. A breakdown of the number of inquiries is as follows: Month # of Inquiries October 2023 870 November 2023 549 December 2023 690 Total 2109 City Council 8-6 2/6/2024 Housing Division Quarterly Report February 6, 2024 Page 7 Staff also conducted one (1) workshop for property owners to assist with navigating the Rental Registry: Month # of Registrants October 5, 2023 21 Total 21 The City regularly distributes important updates and information to Santa Ana residents. During this quarter, staff informed the public of programmatic updates via social media, newsletters, and email distribution lists, reaching a total of 38,238 Santa Ana residents. Available Funds and Land Assets for Affordable Housing Development Projects The City of Santa Ana and the Housing Authority acting as the Housing Successor Agency manages multiple sources of local, state, and federal funds to develop affordable housing. Exhibit 1 provides a summary of the funds available as of December 31, 2023. Affordable Housing Opportunity and Creation Ordinance On -Site Development Since 2011, a total of 33 units have been developed on -site as a result of the Affordable Housing Opportunity and Creation Ordinance, including 23 ownership units for -sale and 10 rental units: Units Built On -Site Ownership Rental Total 23 10 33 In -Lieu Fees Generated All in -lieu fees, penalties, and other monies collected pursuant to the Ordinance, including interest, are deposited into the Inclusionary Housing Fund. Since inception, the Inclusionary Housing Fund has generated $29,277,446 to be used for the development of housing affordable to low- and moderate -income households, with a reasonable amount spent on administrative or related expenses associated with the administration of the Ordinance. Inclusionary Housing In -lieu Fees Received per Fiscal Year FYs 2009-2018 FY 18/19 FY 19120 FY 20/21 FY 21 /22 FY 22/23 FY 23/24 $10,563,306 $7,236,945 $0 $3,709,875 $6,933,320 $0 *$834,000 *On October 17, 2023, the owner of The Met paid $834, 000 in in -lieu fees based upon their Development Agreement. City Council 8-7 2/6/2024 Housing Division Quarterly Report February 6, 2024 Page 8 In -lieu fees generated have been used to develop new affordable homeownership and rental housing opportunities as well as provide emergency shelter. Below is a summary of how in -lieu fees have been used by the City: Project or Program Inclusionary Housing # of Units Address Funds SPENT Santa Ana Arts $4,775,000 57 1666 N. Main Street Collective La Placita Cinco $1,300,000 50 2239 West 5th Street The Link Interim $7,893,866 N/A 2320 S. Redhill Emergency Shelter Avenue Archways Santa Ana 2530 and 2534 (formerly called $1,514,113 84 Westminster Avenue Westview House) Habitat for Humanity "Lacy $565,271 2 826 N. Lacy Street & & Vance" 830 N. Lacy Street WISEPlace Steps to Independence Public $90,000 N/A N/A Service Program Down Payment $800,000 9 N/A Assistance Program TOTAL $16,938,250 202 Project Inclusionary Housing # of Units Address Funds COMMITTED Habitat for Humanity "Washington $2,200,000 6 W. 1921 WWashington Street" Ave. Down Payment $1,697,021 N/A N/A Assistance Program TOTAL $3,897,021 6 Affordable Housing Development Projects There are six (6) affordable housing projects under construction and two (2) affordable housing projects in pre -development. Below is a brief summary and status -update for each project. Exhibit 2 provides a development timeline for each project. The most recent RFP for Affordable Homeownership Opportunities was issued on October 19, 2023 and the first review deadline was on December 15, 2023. One proposal was received and it is currently under review. Projects under Construction Estrella Springs (1108 N. Harbor) (Formerly called North Harbor Village) Developer Jamboree Housing Corporation Description Acquisition and rehabilitation of a former motel yielding 89 units of permanent supportive housing. City Council 8-8 2/6/2024 Housing Division Quarterly Report February 6, 2024 Page 9 City / Authority Funds CDBG ($1,687,047); Eight -nine (89) Project -Based Vouchers (PBVs) consisting of 34 HUD-VASH PBVs and 55 regular PBVs. During this quarter, construction activities include insulation, drywall, paint cabinets completion in building C. Building A drywall and insulation and interior work is in progress. Plan changes have been implemented for Framing, Grading, Fire Sprinklers, planter walls and corresponding drainage and landscaping and added shade structure. The clarified Solar underground Update work commenced along with added Future EV ready connections and landscape irrigation work. Transformer has been set and energized. Electrical trim is underway in units. Flatwork is nearing completion. Cabinets are in progress as well as stucco work in building A. The current schedule is subject to change pending approvals from the city on our plan revisions. Completion is anticipated for March 2024. Archways Santa Ana (2530 Westminster Avenue) (Formerly called Westview House) Developer Community Development Partners with Mercy House as the service provider New construction of an affordable multifamily apartment development consisting of 84 units of both large family and PSH units and one (1) Description manager's unit. Twenty-six of the units will be funded by Mainstream Program PBVs and Mental Health Services Act (MHSA) funds through the No Place Like Home NPLH program. City / Authority Inclusionary Housing ($1,514,113), HOME Investment Partnerships Program Funds ($2,003,705), Rental Rehabilitation Program ($386,523), and twenty-six (26) Mainstream Program PBVs Installation of cabinets and finish carpentry is occurring through late January. The final work order from SCE was received on 12/20. Since then, Walton has met with SCE for a pre -trenching meeting regarding providing power to the building. SCE's protocol continues to result in delays and may not allow them to energize the buildings until mid -March at the latest. We are working Update with SCE and are pushing to have this occur closer toward the end of February. We still expect to welcome residents in April of this year. The team is also holding meetings with SoCalGas, Spectrum, and AT&T for additional utility coordination. We held our first lease -up meeting with FPI on 1/8, and they are gearing up to make the project website live within the next two weeks. Construction is expected to be complete by early March 2024. Crossroads at Washington 1126, 1136, and 1146 E. Washington Avenue Developer The Related Companies of California with A Community of Friends as co- developer and lead service provider New construction of a 100% affordable multifamily apartment complex Description consisting of 85 units of rental housing and one (1) manager's unit. All units will be affordable to households earning less than 30 /o AMI of which 43 units will be set -aside for permanent supportive housing. HOME Investment Partnerships Program (HOME) ($3,007,489), City / Authority Neighborhood Stabilization Program ($1,637,420), sixty-five (65) year ground Funds lease agreement for 1126, 1136, and 1146 E. Washington Avenue (Appraised Value as of September 22, 2019: $4,108,136) and fifteen 15 PBVs City Council 8-9 2/6/2024 Housing Division Quarterly Report February 6, 2024 Page 10 The project is 80% complete. The contractor is working on installing flooring, trims, and hardware for building 1136 and installing cabinets, painting kitchens and baths, and preparing to remove scaffolding in building 1146. The Update electronic lottery for the general affordable units has been conducted and the property management team is contacting applicants to schedule interviews. The developer continues to work with the Corporation for Supportive Housing and Orange County staff to begin the referral process for the permanent supportive housing units. Habitat for Humanity (826 N. Lacy and 830 N. Lacy Street) Developer Habitat for Humanity of Orange County (Habitat) Description New construction of two single-family detached homes for homeownership serving households up to 120 /o AMI. City / Authority Inclusionary Housing ($565,271) and a 99-year ground lease agreement for Funds 416 Vance Street and 826 N. Lacy Street (Appraised Value as of Oct 25, 2018: $578,000 During Q2, both homes underwent final inspections. The two-story Victorian (826 N. Lacy) home passed all final inspections and received completion sign - off. The family closed on their mortgage loan at the end of November and moved in December 2023. The one-story Craftsman (416 Vance St. now 830 Lacy St.) home has received sign -off on most inspections and is pending sign -off from the Planning and Building Agency. These inspections have been scheduled for January 2024. The family for this home is anticipated to have loan approval Update and closing by the end of February or early March 2024 at which time they will move in. The street light post for this project will be installed in late February 2024. Edison's demand for concrete light posts has impacted the supply and caused delays. Habitat continued to engage volunteers through Q2. From the beginning of the project to date, there have been 1,304 unique volunteers with a total of 24,000 hours. WISEPIace Permanent Supportive Housing 1411 N. Broadway) Developer Jamboree Housing Corporation with WISEPIace as the co -developer and lead service provider Description Adaptive reuse and new construction of the WISEPIace building to provide 47 permanent supportive housing units, and one (1) manager's unit. City / Authority Funds HOME -American Rescue Plan ($5,256,327); Twenty-five (25) PBVs The developer closed on their construction loan financing and began Update construction in March 2023. The slab was poured on October 13, 2023. The construction crew is currently working on rough mechanical, electrical, and plumbing and installing a new fire hydrant on Broadway. The project is over City Council 8 — 10 2/6/2024 Housing Division Quarterly Report February 6, 2024 Page 11 90% bought out and working on submittals while framing is completed. The expected construction completion date is November 2024. FX Residences 801, 809, 809 % East Santa Ana Boulevard Developer HomeAid Orange County, Inc. with Mercy House as the service provider Description New construction of an affordable multifamily apartment complex consisting of 16 units of permanent supportive housing, and one (1) manager's unit. Authority Housing Successor Agency ($1,656,947), three (3) PBVs, 99-year ground Funds lease agreement for 801 E. Santa Ana Blvd. (Appraised Value as of Oct 25, 2018: $788,000 Block wall completed the week of 10/6. The second -floor framing began the week of 10/10 and was completed the week of 11/3. Rough electrical and sprinkler began 11/13 and is slated to be complete in the first weeks of January. Roofing began on 11/20 to be completed in the 2nd week of Update January. The developer worked with OCFA and the City's Public Work Agency on relocation of the underground water pump, completed first week of January 2024. Windows were installed in December. The developer had the site waterproofed by the end of December to avoid rain delays during the potential rainy season. Completion of the project is estimated by in May 2024. Projects in Pre -Development Habitat for Humanity (1921 W. Washington Avenue) Developer Habitat for Humanity of Orange County Description New construction of three (30) duplexes / six (6) homes for homeownership servinghouseholds up to 80 /o AMI. City Funds Inclusionary Housing Funds ($2,200,000) Habitat worked through the City's comments following their second resubmittal. Habitat submitted responses in December 2023. With a delay in Update demolition, volunteers came together for a site cleanup and removed excess growth that could have become a safety risk. A demolition permit was pulled, and the demo is scheduled for January 2024. Richard Lehn Intergenerational Housing (918 N. Bewley Street) (Formerly Bewley Street Intergenerational Housing Project) Developer Illumination Foundation Description Rehabilitation of 2 two-story residential buildings into eleven (11) rental units for homeless transitional -age youth and senior citizens. City Funds Homeless Housing, Assistance and Prevention (HHAP) ($2,021,319); Eight (8) PBVs CalOptima awarded $3 million for the purchase and rehab of the project. The second Sunshine Ordinance meeting was held in October. The developer has Update provided all the follow-up information requested by the City's Planning and Building Agency and is currently waiting on a response. The developer is also working with the City's consultant on their NEPA environmental review. Head Start started the remodel of the pre-school. City Council 8-11 2/6/2024 Housing Division Quarterly Report February 6, 2024 Page 12 FISCAL IMPACT There is no fiscal impact associated with this action. EXHIBIT(S) 1. Available Funds for Affordable Housing Development Projects 2. Project Timelines Submitted By: Michael L. Garcia, Executive Director of Community Development Approved By: Tom Hatch, Interim City Manager City Council 8 — 12 2/6/2024 Exhibit 1 Available Funds for Affordable Housing Development Projects As of December 31 st, 2023 Housing Successor Agency (Housing Authority) $3,964,706 Cash on Hand ($165,695) Frances Xavier Residence Project Pre -Commitment Loan ($250,000) Administrative Costs Allowance 2 ($3,228,742) Administrative Costs Allowance for Future Fiscal Years 3 ($307,386) Crossroads at Washington Option Agreement Amendment 4 ($12,883) Crossroads at Washington Environmental Assessment Oversight 5 $0 Available Funds Inclusionary Housing Funds $9,278,075 Cash on Hand ($1,697,021) Down Payment Assistance Program s ($56,527) Lacy Street Project Grant 7 ($151,411) Westview House Loan 8 ($37,500) Westview House Project Cost ($2,200,000) 1921 W. Washington Project Pre -Commitment 13 ($2,112,076) Administrative Costs Allowance (CDA/PBA) $3,023,540 Available Funds HOME Program $8,861,752 Funds to Drawdown ($300,749) Crossroads at Washington Loan 10 ($200,371) Westview House Loan 8 $8,360,632 Available Funds to Drawdown HOME -American Rescue Plan Program (PSH Projects Only) $1,464,630 Funds to Drawdown ($1,464,630) WISEPlace PSH Loan 12 $0 Available Funds to Drawdown CDBG Program (Acquisition/Rehabilitation Projects Only) $4,690 Funds to Drawdown $4,690 Available Funds to Drawdown Rental Rehabilitation Grant Program $49,063 Cash on Hand" ($38,652) Westview House Loan $ $10,411 Available Funds $11,399,273 Total Available Funds 1 Approved by Housing Authority on January 15, 2019. Additional $587,000 approved by Housing Authority on December 7, 2021. 2 The Housing Successor Agency relies on available cash to fund the monitoring and compliance functions related to the former Redevelopment Agency's housing loans. ' Funds to be set aside for compliance and monitoring requirements due to uncertainty of future repayment revenues. ° Approved by Housing Authority on December 15, 2020. Additional $150,000 maximum approved by Housing Authority on August 17, 2021 (2nd Amendment to Option Agreement). s Approved by Housing Authority on July 20, 2021. e $400,000 originally approved by City Council on March 6, 2018. Nine loans paid through end of September 2021. Additional $1,200,000 approved by Council on November 2, 2021. Approved by City Council/Housing Authority on March 5, 2019. Additional $333,777 approved by City Council on April 6, 2020, s Approved by City Council on May 17, 2022. 10 Approved by City Council on June 21, 2022. 11 Old program income available after close out of program with HUD. 12 Approved by City Council on March 7, 2023, 13 Approved by City Council on November 15, 2022. City Council 8-13 2/6/2024 EXHIBIT 2 Current Affordable Housing Development Project Timelines Projects under Construction Estrella Springs — 1108 N. Harbor (Formerly called North Harbor Village) Mar 19 Start of design development Mar 19 Applied to FHLBSF for AHP Financing ($890,000) Mar 19 Award of VASH Vouchers & City Loan by City Council (89 Vouchers and $1,687,047) Mar 19 Start environmental approval process with City of Santa Ana (CEQA/NEPA) Mar 19 Applied for Home Depot Grant ($500,000) Jun 19 CEQA / NEPA Approval — City of Santa Ana Jun 19 AHP Award Date ($890,000) Aug 20 Applied to HCD for MHP 1st Round Funding ($13,316,412) Dec 19 Notified project did not receive 1st Round MHP funding Feb 20 Applied to HCD for VHHP Funding ($10,000,000) Mar 20 Applied to HCD for MHP 2nd round funding Mar 20 Applied to OCHFT Financing ($2,292,920) May 20 Notified project did not receive 2st Round MHP funding May 20 Received OCHFT funding award ($2,292,920) Jun 20 Received VHHP funding award ($10,000,000) Jun 20 Submitted Plans for Ministerial Design Approval Jun 20 Applied for CDLAC tax-exempt bond allocation ($24,000,000) Jul 20 Applied for TCAC 4% competitive state and federal tax credits ($9,896,911) Sept 20 CDLAC Allocation Nov 20 Ministerial Design Approval (upon completion of community meeting on 11 /4/2020) Oct 20 TCAC Allocation Oct 20 Start construction documents for rehab Nov 20 Submit first plan check Dec 20 Awarded Home Depot Grant Jan 21 Receipt of first plan check comments Jan 21 Submit second plan check Feb 21 Receipt of second plan check comments Feb 21 Submit third plan check Mar 21 Received permit ready Apr 21 Construction loan closing Apr 21 Pull Permits and start construction May 21 Site Demolition Dec 21 Work on mock up units begins Jun 22 Structural retrofitting and repairs July 22 Roofing and Framing Aug 22 Stock drywall & Inspections Aug 22 Gutter, Awning and Painting & installation of stairs Oct 22 OCHFT Loan finalized Apr 23 Interior refurbishments & finishes City Council 8 — 14 2/6/2024 EXHIBIT 2 Aug 23 Elevator Sept 23 Plan resubmittal/Plan Coordination Oct 23 Roof/Drywall Nov 23 Complete Flooring Jan 24 Stucco Jan 24 Interiors/Fixtures & Appliances/ Jan 24 Lease up Jan 24 Scaffold finishes Mar 24 Final Cleaning Mar 24 Grading/Paving for parking lot and site work Mar 24 Construction Completion Jun 24 Full Occupancy Archways Santa Ana — 2530 Westminster Ave (Formerly called Westview House) Oct 19 City of Santa Ana RFP submittal May 20 OC 2020 Supportive Housing NOFA Submittal Dec 20 OC 2020 Supportive Housing NOFA award Jan 21 City of Santa Ana PBV Award Jan 21 Construction/permanent debt commitments Jan 21 Receive Entitlements Jan 21 No Place Like Home application Mar 21 OCHFT application May 21 OCHFT Award Jun 21 No Place Like Home commitment Sep 21 CDLAC/TCAC 4% application Dec 21 CDLAC/TCAC 4% award May 22 Close on construction financing Jun 22 Construction permits issued Jun 22 Construction start Nov 22 Groundbreaking Ceremony Dec 22 Grading activities completed and concrete poured Apr 23 Floor Sheathing & Pre -Rough complete in Buildings A & B Jun 23 Rough framing and roofing are complete Jun 23 Window installation in both buildings Jul 23 Working on utility rough -ins Jul 23 Roof Truss in Building B Jul 23 Drywall Production Jan 24 Lease Up Mar 24 Construction complete Jul 24 All units Leased Dec 24 Perm Debt Conversion City Council 8 — 15 2/6/2024 EXHIBIT 2 Crossroads at Washington — 1126,1136 and 1146 E. Washington Avenue Aug 19 Submitted PSH application to County Oct 19 Submitted for Planning entitlements Oct 19 Community meeting Nov 19 Approval of Joint Powers Agreement, Option to Ground Lease, Voucher Resolution and Cooperation Agreement, and Regional Housing Needs Assessment (RHNA) Agreement and Density Bonus Dec 19 NEPA EA City Approval — City of Santa Ana submits NEPA EA to HUD Feb 20 PSH Funds and Voucher approval from County Board of Supervisors Feb 20 Planning entitlements approved Mar 20 TCAC 9% Application — 15t Round 2020 Jul 20 TCAC FCAA/9% Application — 2nd Round 2020 Oct 20 TCAC FCAA/9% Award — 2nd Round 2020 Mar 21 Submitted OCHFT PSH NOFA Application May 21 OCHFT PSH NOFA Award Dec 21 Submit DTSC Equitable Community Revitalization Grant (ECRG) Pre - Qualifying Application Feb 22 Submit for 1st plan check Mar 22 DTSC approves draft Removal Action Workplan; draft Removal Implementation Plan under review Apr 22 DTSC ECRG Full Application Jul 22 DTSC ECRG Award Jul 22 City issues permit ready letter Jul 22 Construction finance closing/Start construction Nov 22 Building foundation complete Dec 22 Framing began Aug 23 Interior work, installation of cabinets & doors for Building 1136 Sept 23 Installing the insulation and hanging drywall on Building 1146 Nov 23 Lease up Wait list open Jan 24 Lease up Interviews Mar 24 Construction complete Jul 24 Full occupancy Habitat for Humanity — 826 N. Lacy Street & 830 Lacy Street May 20 DDA signed June 20 Prepare grading plans Oct 20 Prepare architectural plans Oct 20 Submit Neighborhood Review Application Feb 21 Final Approval from Historic French Park Committee Apr 21 Submit Site Review Application Dec 21 Submit grading/ Non -Priority WQMP Jan 22 Submit architectural plans May 22 Planning Commission Approval Jul 22 Grading permit issued Aug 22 Groundbreaking Aug 22 Building Permits issued City Council 8 — 16 2/6/2024 EXHIBIT 2 Aug 22 Commence Grading Sep 22 Begin Foundation Construction Oct 22 Framing Ceremony/Framing Construction Begins Jan 23 Roof diaphragm sheathing and exterior sheathing completed Jan 23 Roof sheathing/frame and shear walls Inspection Jan 23 Buildings dried in Jan 23 House wrap and waterproofing Jan 23 Drywall stack complete Jan 23 Exterior Door installation complete Jan 23 Homebuyer outreach and application open Feb 23 Window installation complete Feb 23 Rough in plumbing Feb 23 Rough in electrical Feb 23 Rough in mechanical Feb 23 Rough in fire sprinkler- OCFA Mar 23 MEP Inspection Mar 23 OCFA Inspection Mar 23 Structural/framing complete Mar 23 Structural/framing Inspection Mar 23 Seal exterior penetrations Mar 23 Wood siding started Mar 23 Start exterior wood trim carpentry -ongoing Mar 23 Insulation completion and inspection Mar 23 Drywall hanging Mar 23 Preliminary homebuyer application review May 23 Habitat for Humanity Leaders Build on -site May 23 Re-IaunchHomebuyer outreach May 23 Interior paint completed Jun 23 Porch-flatwork, interior door installation and cabinetry installation Jul 23 Painting completion Jul 23 Homebuyer application review and selection Jul 23 Gas pressure test inspection Aug 23 Roofs finished Aug 23 Water meter release (Backflow device inspection) Aug 23 Electrical meter release Sep 23 Families income qualified as moderate -income families and meet the City program ratios Sep 23 Street improvements (curbs, asphalt, and ADA ramp) Sep 23 Solar inspection Sep 23 Orange County Fire Authority Final inspection Sep 23 SCE trench inspection Sep 23 Faatwork completed Sep 23 Family Dedication Day Ceremony Oct 23 Construction Completion Nov 23 Police Final Inspection and sign off Nov 23 826-Planning final inspection and sign off City Council 8 — 17 2/6/2024 EXHIBIT 2 Nov 23 826-Public Works final inspection and sign off Nov 23 826-Building final inspectionand sign off Nov 23 826-Compliance final inspection and sign off Dec 23 826- Homeowners move in Jan24 830-Planning final inspection and sign off Jan 24 830-Building final inspection and sign off Jan 24 830-Compliance final inspection and sign off Feb 24 Street Light Pole installed Feb/Mar 24 Homeowners move in WISEPIace Permanent Supportive Housing — 1411 N. Broadway May 19 Start of conceptual design development Sept 19 Applied to City of Santa Ana for Financing Feb 20 Notified not awarded City of Santa Ana Financing Mar 20 Applied to Orange County Housing Finance Trust (OCHFT) Financing Apr 20 Met with City of Santa Ana Planning Staff on entitlements May 20 Notified not awarded OCHFT Financing Jun 21 Met with City of Santa Ana staff to review revised conceptual plans Jan 22 Submitted Historic Resource Commission and entitlements application to City of Santa Ana Feb 22 Applied to City of Santa Ana for HOME -ARP Funding and PBVs Mar 22 City of Santa Ana Historic Resource Commission Approval Mar 22 Applied to OCHFT Financing Mar 22 Applied to AHP Financing Apr 22 Awarded City of Santa Ana for HOME -ARP Funding and PBVs May 22 Awarded OCHFT Funding May 22 City of Santa Ana Planning Commission Approval of entitlements May 22 City of Santa Ana Community Development Commission Approval of Funding and Density Bonus Agreement (DBA) Jun 22 Notified not awarded AHP Funding Jun 22 Applied to County of Orange for ARPA Funding Jun 22 City of Santa Ana City Council Approval of DBA Jun 22 Awarded County of Orange ARPA Funding Jun 22 Applied for TCAC 9% competitive federal tax credits Sept 22 TCAC Allocation Sept 22 Start Construction Documents, Plan Check and Permitting Jan 23 Closing Kick Off Mar 23 Receive grading permit and building permit ready letter Mar 23 Construction loan closing Mar 23 Pull Permits and start construction Apr 23 Site Demolition Jun 23 Groundbreaking Ceremony Jul 23 Storm drain system complete Aug 23 Concrete footings & Columns Complete City Council 8 — 18 2/6/2024 EXHIBIT 2 Sept 23 Structural Framing on Existing Building Complete Oct 23 Concrete pour ground floor slab on grad complete Nov 23 Podium Complete Jan 24 Framing Second to Fourth Floors Complete Mar 24 Roof Framing CompleteJun 24 Dry In Complete Nov 24 Construction Complete May 25 100% Full occupancy (6 months) FX Residences — 801, 809, 809 % E. Santa Ana Boulevard Jan 19 Council approval for land lease and project funding Jan 19 Submittal of application for NPLH funding Feb 19 Confirm with City staff that project site can yield additional units under existing zoning Mar 19 Revise conceptual drawings for additional 5 units (17 total units, up from the original 12 units) Mar 19 SNHP funding application submitted to County Apr 19 City staff to review revised conceptual design Apr 19 Begin development agreement May19 Board of Supervisors meeting for SNHP funding Jul 19 Execute Development Agreement Jul 19 Formal awards letters for NPLH funding to be issued Aug19 Initial planning submittal Sept19 Sunshine Ordinance Meeting Mar 21 Planning Commission Meeting (ministerial approval of density bonus) Oct 21 Submit for first plan check Dec 21 City Council Meeting (ministerial approval of density bonus) Dec 21 City Council approval of additional $587,000 for construction costs Feb 22 Building permit submittal Mar 22 Received 1 St set of comments back from Plan Check, consultants working on responses. Jul 22 FX Funding Closing Meetings begin, 2nd Building Plan Submittal Aug 22 Building and Grading comments being addressed Oct 22 Construction Funding Closing process is underway Dec 22 Dry closed funding for CaIHFA/SNHP and City of Santa of Santa Ana April 23 Met with city planner to clarify all comments on 3rd submittal April 23 Submit 4th building review & OCFA building review May 23 Pull Building Permits & PGP Permits June 23 Groundbreaking Ceremony July 23 Start of Construction Aug 23 Grading, trenching and forming underway Sept 23 Foundation poured. Oct 23 Block Wall along North property line completed. Oct 23 First floor framing begun Nov 23 1st and 2nd floor framing complete Dec 23 Roofing Jan 24 MEP Inspection City CouncilPar A 8 — 19 2/6/2024 EXHIBIT 2 Jan 24 Drywall Texture Jan 24 Solar Start Jan 24 Scaffolding down Feb 24 Water main and storm drain work to begin. Feb 24 Cabinetry Install Feb 24 Electric Finish and Grade Finish Mar 24 Landscape start a Mar 24 Solar Finish Mar 24 Landscape finish Mar 24 Flooring finish Apr 24 Electric meter and appliance install Apr 24 Final Paint Start Apr 24 Final Paint Finish May 24 Certificate of Occupancy Projects in Pre -Development Habitat for Humanity — 1921 Washington Avenue Dec 21 Habitat for Humanity OC closed escrow on property Aug 22 Subsidy Approval from Community Development Commission Nov 22 Subsidy Approval from City Council Dec 22 Submit Demo Permit Application Jan 23 Demo Permit Issued Feb 23 Submit Site Plan Review Application Mar 23 First Sunshine Ordinance Meeting Apr 23 Geological Soils Testing May 23 Second Sunshine Ordinance Meeting Jun 23 Second Sunshine Ordinance Meeting report submitted Jun 23 Responses to comments received submitted July 23 Comments from second submittal received Meeting with Planning to discuss comments and density bonus waiver requests Aug 23 Meetings with Public Works to discuss comments and density bonus waiver requests Sep 23 Meetings with Public Works to discuss comments and density bonus waiver requests Oct 23 Submit responses to comments from July 2023 Nov 23 Demolition Permit Nov 23 Site Clean up Jan 24 Planning Department ApprovalSubmit Grading / Non -Priority WQMP Jan 24 Demolition of existing structuresSubmit Architectural Plans at Risk Feb 24 Planning Commission ApprovalGroundbreaking Ceremony Mar 24 Submit Grading/Non —Priority WQMPBuilding Permit issued Mar 24 Groundbreaking CeremonyBegin Foundation Construction Mar/Apr 24 Building Permit IssuedFraming Ceremony Mar 24 Begin Foundaton Construction Complete Rough Inspections Par ;z City Council 8 — 20 2/6/2024 EXHIBIT 2 Apr 24 Framing Ceremony Mar 25 Framing Rough Inspections Mar 25 Construction Completion Richard Lehn Interaenerational Housina — 918 N Bewlev St. Nov 22 City of Santa Ana RFP submittal Nov 22 Design development Apr 23 Submitted Plans to Planning Division Jun 23 Community Development Commission approval of Pre -Commitment Letter Jul 23 City Council approval of Pre -Commitment Letter Aug 23 CalOptima HHIP funding application($3,000,000) Sept 23 Start environmental approval process (NEPA) Sept 23 Sunshine Ordinance Community Meeting 1 Oct 23 Sunshine Ordinance Community Meeting 2 Oct 23 Planning Division approval to proceed with plan check Oct 23 Received CalOptima HHIP funding ($3,000,000) Dec 23 NEPA EA approval Jan 24 Building Division approval Jan 24 City Council final approval Jan 24 Pull construction permit Feb 24 Start construction Feb 24 Demolition Apr 24 Rough framing complete Jun 24 MEP complete Jul 24 Construction complete Aug 24 Commence Lease Up Oct 24 All units leased City Council 8 — 21 2/6/2024 Community Development Agency www.santa-ana.orq/community-development .....- Item # 9 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report February 6, 2024 TOPIC: Homeless Services Division Quarterly Report AGENDA TITLE Homeless Services Quarterly Report for the Period of October 1, 2023 through December 31, 2023 RECOMMENDED ACTION Receive and file the Quarterly Report for Homeless Services Projects and Activities for the period of October 1, 2023 through December 31, 2023. GOVERNMENT CODE §84308 APPLIES: No DISCUSSION This report provides information for homeless -related activities coordinated through the City's Homeless Services Division. This quarterly report provides activities regarding SMART Outreach, the Jail Release Program, assistance and service updates for the City's Shelter (Navigation Center), assistance provided through the Emergency Shelter Grant Program, and Quality of Life Team (QOLT) summaries. FISCAL IMPACT There is no fiscal impact associated with this action. EXHIBIT 1. Homeless Services Division Quarterly Report: October 1, 2023 through December 31, 2023 Submitted By: Michael L. Garcia, Executive Director of Community Development Approved By: Tom Hatch, Interim City Manager City Council 9-1 2/6/2024 City of Santa Ana — Quarterly Report Second Quarter of FY 2023-2024 Homeless Services Division Quarterly Report EXHIBIT 1 The Homeless Services Division along with our partners, have a comprehensive approach to addressing homelessness. We focus on outreach, provide access to services and shelter, partner with the Housing Division and continuously create space for innovative programs to reduce and prevent homelessness. Current Financial Condition Homeless Housing Assistance and Prevention (HHAP) The primary source of funding for homeless service programs is the Homeless Housing Assistance and Prevention (HHAP) block grant, originating from the California Interagency Council on Homelessness (CAL ICH). Funds support regional coordination and expand/develop local capacity to address the immediate homeless challenges in our community. The City is utilizing HHAP funding for the following eligible expenditure activities: - Outreach and Coordination - Delivery of Permanent Housing - Strategic Planning - Services coordination - Construction and Operation of the Navigation Center - Administrative costs HHAP Grant ■ Services coordination ■ Outreach Permanent Housing �j Navigation Center Operations �(j� ■ Strategic Planning ■Administrative February 6, 2024 City Council 9-2 2/6/20 e 1 City of Santa Ana — Quarterly Report EXHIBIT 1 Second Quarter of FY 2023-2024 Permanent Local Housing Allocation (PLHA) The City of Santa Ana receives State PLHA funding from the California Department of Housing and Community Development (CA HCD). PLHA provides for housing -related projects and programs that assist in addressing unmet housing needs of our community. Expenditures under The City's 5-year plan has allocated the following: - Construction, Operation, and Purchase of the Navigation Center - Administrative Costs 95% 1 SMART Outreach PLHA Grant ■ Administrative ■ Construction, Operation, and Purchase The SMART program provides outreach and engagement teams, seven (7) days a week to address non -emergency outreach focused on providing services, addressing mental health, connecting clients to housing and helping people out of homelessness. Outreach Contacts 1,508 Case Management 1,519 Street Exits 181 Calls Dispatched 2,316 Housing Exits 10 February 6, 2024 City Council 9-3 2/6/20 e 2 City of Santa Ana — Quarterly Report EXHIBIT 1 Second Quarter of FY 2023-2024 Jail Release Proaram — SMART Recognizing the gap in our system to assist individuals being released from the City's jail to the streets, the new Jail Release Program was created. Upon request from the City's Jail, City Net's case managers meet with homeless neighbors at the jail upon exit to develop a plan that will include services aimed to end the individual's homelessness. Total referrals for the Jail Release Program: 163 Total number of clients that refused services during the intake processing: 121 SMART Outreach Served Clients (Oct 29 - Dec 2023) Accepted Service 42 Mental Health 1 Substance Abuse Services 3 Shelter Follow -Up/ Call Back 12 Housing Services Referral 2 Taken to Shelter 4 Reconnection/Diversion Services 1 Other 18 Navigation Center Program Updates The City works closely with Illumination Foundation on operation and referral procedures as well as resource suggestions. Activities/Services - Q2 Illumination Foundation Medical Group Recreational Activities Mariners Church Alcoholics Anonymous Monthly Baptism Services OC Social Services Stress Reduction Parenting Classes Santa Ana WORK Center on -site services Day Habilitation Programs to maximize independence City staff assisted in connecting one (1) individual to Disneyland for employment. This resulted in a new relationship with Disneyland to implement an employment opportunity program for shelter guests. Navigation Center guest participated in Bless Fest, an off -site program for Thanksgiving. Each Navigation Center guest had the opportunity to receive free medical, dental, February 6, 2024 City Council 9-4 2/6/20 e 3 City of Santa Ana — Quarterly Report EXHIBIT 1 Second Quarter of FY 2023-2024 dermatological, vision, haircuts, manicures, make-up, clothing, legal and childcare services. Each guest also received a new backpack stocked with personal hygiene items, toiletries and scripture reminders. Together with Illumination Foundation, City staff donated gift cards and toys for each adult and child at the Navigation Center for the Christmas holiday. Santa Claus, helped to distribute each gift, warming the hearts of many. Individuals Housed During this quarter, a total of 20 individuals found permanent housing, and six (6) of these individuals were guests at the Navigation Center and found permanent housing through either Permanent Supportive Housing, Housing Choice Voucher, Illumination Foundation's Micro Community or Renting a room without a subsidy. During this quarter fourteen (14) City residents experiencing homelessness (not guests at the Navigation Center), found permanent housing through the Housing Authority's programs of Emergency Housing Voucher (EHV), Veterans Affairs Supportive Housing (VASH), Foster Youth to Independence (FYI) and Project -Based Voucher (PBV.) February 6, 2024 City Council 9-5 2/6/20 e 4 City of Santa Ana — Quarterly Report EXHIBIT 1 Second Quarter of FY 2023-2024 Emergency Solutions Grant Program The City awards Emergency Solutions Grant program funds annually to non-profit homeless service providers. In this fiscal year, funds are utilized for SAPD street outreach and engagement, a Domestic Violence emergency shelter, to rapidly rehouse homeless individuals and families, and to prevent families/individuals from becoming homeless. During this quarter, organizations have worked diligently to enroll and deliver services to our residents. Quantitative data is shown below. Organization Name Project Name Served Clients (Oct — Dec 2023) Santa Ana Police Department HEART Program 28 Outreach Illumination Foundation Rapid Re -Housing 0 Illumination Foundation Homeless Prevention 3 individuals / 1 household Interval House Domestic Violence 20 Shelter WISE Place Steps to 2 Independence Staff has continued to serve the community in the following ways throughout Q2: • Reviewed and made continuous improvements to the layout, content, and forms on the Homeless Services webpage for easier access and understanding. • Fielded Homeless Hotline calls and emails from the public and provided information, referrals and education to business owners, residents and individuals experiencing homelessness. • As a requirement of State funding, Homeless Services staff held focus groups including individuals experiencing homelessness to provide feedback on bridging the gap in racial and gender equity for homeless programs. • Contracted with two non-profit organizations to address gang prevention and intervention. Quality of Life (QOLT) Selected Summaries • Customer Service Requests were opened and submitted with Caltrans to address homeless hot spots on their properties. Caltrans properties continue to receive complaints from the surrounding businesses and residents. February 6, 2024 City Council 9-6 2/6/20 e 5 City of Santa Ana — Quarterly Report EXHIBIT 1 Second Quarter of FY 2023-2024 • Orange County Public Works Service Requests — Orange County Flood Control (OCFC) Channel property immediately behind the property at 2100 S. Fairview has had significant trespassing issues with the development of encampments. This area is within close proximity to the County's Yale Navigation Center and immediately south of the Kenneth Mitchell Child Development Center/ Kenneth E. Mitchell School at Fairview and Harvard. The grassy area (2000 S. Fairview) has attracted daytime and nighttime activity from those individuals who leave items in the bushes and enter the OCFC Channel. • QOLT continues to provide support to Union Pacific on clean-up efforts as the City considers additional measures. QOLT and City Net routinely contact individuals on the Caltrans, Union Pacific railroad and OCFC Channel property to offer homeless outreach services. These services include mental health, domestic violence, substance abuse related services as well as shelter. Many unhoused individuals are found to be service resistant. February 6, 2024 City Council 9-7 2/6/20 e 6 Library www.santa-ana.org/departments/library/ Item # 10 o`er City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report February 6, 2024 TOPIC: Building Forward Library Facilities Improvement Program Grant for the Newhope Library AGENDA TITLE Appropriations Adjustment Recognizing Grant Revenue in the Amount of $1,086,754 for the California State Library Building Forward Library Facilities Improvement Program for the Newhope Library Renovation Project and Use of Previously Appropriated Funds in the Amount of $271,688 for the Local Match Requirement RECOMMENDED ACTION 1. Approve an appropriation adjustment to recognize $1,086,754 in grant revenue from the California State Library and appropriate $1,086,754 into the appropriate expenditure accounts to implement the program. (Requires five affirmative votes) 2. Approve the use of previously appropriated Cannabis Public Benefit funds for the local match requirement in the amount of $271,688. GOVERNMENT CODE §84308 APPLIES No DISCUSSION On November 7, 2023, the City Council approved Resolution No. 2023-074, authorizing the submission of the Building Forward Library Infrastructure Grant application for the Newhope Library Renovation Project, acceptance and execution of grant funds if awarded, and designating the Library Services Director as the authorized representative to execute the funding agreement and all related requests. On January 2, 2024, the Library was notified that it was awarded a $1,086,754 grant for infrastructure improvements at the Newhope Library that include HVAC, electrical, and plumbing upgrades; fire protection system improvements; repair and replacement of interior and storefront doors; and grant administration costs. The grant scope will be incorporated into the larger Newhope Library Renovation Project, which includes retrofitting the branch with vibrant reading areas, expanded study spaces, reimagined City Council 10 — 1 2/6/2024 Building Forward Library Facilities Improvement Program Grant for the Newhope Library February 6, 2024 Page 2 outdoor patio, state-of-the-art technology, community gathering spots, and a new Innovation Center equipped to provide STEM learning opportunities for the entire family. While the grant requires a dollar -for -dollar match, the City's Local Income Per Capita (LIPC) made it eligible for a 75% reduction in the local match requirement. The City will only be required to provide a match of $271,688, which is within the current approved project budget and funded with Cannabis Public Benefit Fund funding. Per the request of the California State Library, the Library Services Director, as the designated authorized representative, executed the Grant Agreement via the online signature platform, DocuSign. The agreement is included with the Staff Report for reference. All grant funds must be fully expended by June 30, 2027. FISCAL IMPACT An appropriation adjustment to recognize $1,086,754 in the State Grant — Direct Revenue account (15211002-52025) and Reserve Appropriation Account (15211002- 59011), and appropriate funds to the respective expenditure accounts is shown below. The necessary appropriations for the local match requirement, which were previously approved by City Council with the FY 2023-24 carryovers, are also included below. Any remaining balances not expended at the end of the fiscal year will be presented to the City Council for approval of carryovers to FY 2024-25. Fiscal Accounting Unit Fund Accounting Unit, Year — Account Description Account Description Amount Number FY 23-24 15211154-61000 Public Library Building Forward $8,097.00 Grant Fund Grant — Salaries Regular FY 23-24 15211154-61100 Public Library Building Forward Grant — $337.00 Grant Fund Retirement Employer Normal FY 23-24 15211154-61120 Public Library Building Forward Grant — $109.00 Grant Fund Medicare Insurance FY 23-24 15211154-61130 Public Library Building Forward Grant— $1,399.00 Grant Fund Health Insurance FY 23-24 15211154-61170 Public Library Building Forward Grant — $112.00 Grant Fund Retiree Health Benefits FY 23-24 15211154-65100 Public Library Building Forward Grant — $526.00 Grant Fund Insurance Charges FY 23-24 15211154-65105 Public Library Building Forward Grant — $75.00 Grant Fund Benefits Overhead FY 23-24 15211154-66200 Public Library Building Forward $532,722.0 Grant Fund Library Grant — Buildings & 0 Building Improvements City Council 10 — 2 2/6/2024 Building Forward Library Facilities Improvement Program Grant for the Newhope Library February 6, 2024 Page 3 FY 23-24 15211154-69011 Public Library Building Forward $543,377.0 Grant Fund Library Grant — Reserve 0 Appropriations FY 23-24 01211020-66200 Cannabis Library Youth Services — $271,688 Public Benefit Buildings & Building Fund Improvements TOTAL $1,358,442 EXHIBIT(S) 1. Grant Agreement (for reference only) Submitted By: Brian Sternberg, Executive Director of Library Services Approved By: Tom Hatch, Interim City Manager City Council 10 — 3 2/6/2024 DocuSign Envelope ID: 559950F4-C2A7-4C48-AD17-D6B4EF4D5FB6 R 01161 STATE LIBRARY December 15, 2023 Brian Sternberg Library Services Director City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 Subject: Building Forward Library Facilities Improvement Program Jurisdiction/Library: SANTA ANA PUBLIC LIBRARY - NEWHOPE LIBRARY LEARNING CENTER Grant Number: BF-23-01 1 Project: Newhope Library Renovation Project Dear Brian Sternberg: This letter confirms the California State Library's award of $1,086,754 in Building Forward Round Two grant funds to the City of Santa Ana for the Newhope Library Renovation Project at the SANTA ANA PUBLIC LIBRARY - NEWHOPE LIBRARY LEARNING CENTER. These grant funds are intended to be used toward the project outputs detailed in the Intent to Fund letter dated October 9, 2023, and on the last page of this letter. Per your application and the requirements set forth in Senate Bill 101 (2023/24), the City of Santa Ana will contribute a required local match in the amount of $271,688 toward the project. Match funds are subject to the same restrictions as grant funds; may not be spent on any unallowable costs; and must be spent during the grant period at the same rate as grant funds. This grant is governed by the Grant Agreement and Certification of Compliance. These documents, along with the first allocation claim form and certification of Executive Order N-6-22 (required for awards of 5 million or more), will be emailed to your organization's Authorized Representative and must be signed using the DocuSign system. Note: Neither grant nor match -funded work can be begin, or any costs be incurred from either grant or match sources, before a fully executed grant agreement has been signed by both parties. Library — Courts Building P.O. Box 942837 Sacramento, CA 94237-0001 916-323-9759 csl-adm@library.ca.gov www.library.ca.gov City Council 10 - 4 2/6/2024 DocuSign Envelope ID: 559950F4-C2A7-4C48-AD17-D6B4EF4D5FB6 Building Forward Library Facilities Improvement Program Page 2 The City of Santa Ana will receive $543,377 of the award following the fully - signed Grant Agreement and Certification of Compliance. The remaining funds will be made available following the grantee's completion of the requirements outlined in the Grant Agreement and Certification of Compliance document included in the Award Packet, and in accordance with the payment schedule. Awardees may typically expect payment to be issued within 45 days from the date a grant payment request is properly submitted and approved by the Fiscal Analyst. The State Library grant monitor for this project is Libby Carlson. Your grant monitor can be reached by email at libby.carlson@library.ca.gov or phone at 916-603-6705. Your grant monitor will be available to assist you throughout your grant period. Hard copies of this correspondence will not follow. Please keep the entirety of this correspondence for your files and consider these award materials as your original documents. Best wish�'� for a suc essful project Respectfully yours, Greg Lucas, Californjctate Librarian CC: `Libby Carlson Annly Roman Reed Strege l State Library Fiscal Office Library — Courts Building P.O. Box 942837 Sacramento, CA 94237-0001 916-323-9759 csl-adm@library.ca.gov www.library.ca.gov City Council 10 — 5 2/6/2024 DocuSign Envelope ID: 559950F4-C2A7-4C48-AD17-D6B4EF4D5FB6 THE BASICS - YOUR GRANT AWARD The following provides all the basic information about your grant and managing your grant. Grant #: BF-23-01 1 Organization: City of Santa Ana Library: SANTA ANA PUBLIC LIBRARY - NEWHOPE LIBRARY LEARNING CENTER Project Title: Newhope Library Renovation Project Grant Award Amount: $1,086,754 Local Match Amount: $271,688 Total Project Budget: $1,358,442 Grant Period Start Date: Upon execution of Grant Agreement Note: No related work can begin or costs encurred prior to the execution of the Grant Agreement. Grant Period End Date: June 30, 2027 Approved Uses (Outputs): 1. HVAC Upgrades and Modernization 2. Upgrade Electrical Systems 3. Upgrade Fundamental Plumbing Systems 4. Fire Protection System Improvements 5. Repair and Replace Nonfunctional Interior Doors 6. Repair/Upgrade Storefront Doors and Install New Openers REPORTING The City of Santa Ana is required to provide financial and narrative reports throughout the grant period as outlined in the schedule included with the Grant Agreement and Certificate of Compliance. A final financial and narrative report will be due within 30 days after the project is complete. Grantees will also be required to provide updates throughout the grant period upon request. Progress documentation (e.g. photos or video of grant -funded work) will be required with each report. Reports should be submitted to your grant monitor. PAYMENTS Grant payments will be made based on the payment schedule specified in the Grant Agreement. If applicable, ten percent (10%) of the full grant award may be withheld until the end of the project period. It is payable only if the grant recipient fulfills all project reporting requirements and expends all funds, or returns all unspent grant funds, by the City Council 10 - 6 2/6/2024 DocuSign Envelope ID: 559950F4-C2A7-4C48-AD17-D6B4EF4D5FB6 time specified in the grant terms and conditions. Note: This 10% is separate from the project contingency (if one was included in the budget). Note: if can take up to eight weeks after a completed claim form with no errors has been received before grant funds are delivered. If you have not received your payment after eight weeks, please contact your grant monitor. GRANT MONITOR CONTACT We want your project to be successful. Please work with your grant monitor throughout implementation of your project. Grant Monitor: LibbyCarlson Email Address: libby.carlson@llbrary.ca.gov Phone Number: 916-603-6705 City Council 10 — 7 2/6/2024 DocuSign Envelope ID: 559950F4-C2A7-4C48-AD17-D6B4EF4D5FB6 City of Santa Ana Santa Ana Public Library - Newhope Library Learning Center B F-23-01 1 0CALIFORNIA STATE LIBRARY STATE FUNDED GRANTS AWARD AGREEMENT AND CERTIFICATE OF COMPLIANCE City Council 10 — 8 2/6/2024 DocuSign Envelope ID: 559950F4-C2A7-4C48-AD17-D6B4EF4D5FB6 City of Santa Ana Santa Ana Public Library - Newhope Library Learning Center B F-23-01 1 CALIFORNIA STATE LIBRARY TABLE OF CONTENTS PROJECTSUMMARY.................................................................................................................... 1 PROCEDURES and REQUIREMENTS............................................................................................. 2 A. Term of the Agreement............................................................................................... 2 B. Scope of Work.............................................................................................................. 2 C. Budget Detail................................................................................................................ 3 D. Reports.......................................................................................................................... 3 E. Claim Form and Payment........................................................................................... 4 F. Grantee's Covenants.................................................................................................. 6 EXHIBIT A: TERMS and CONDITIONS.......................................................................................... 7 EXHIBIT B: ADDITIONAL TERMS AND CONDITIONS................................................................. 23 EXHIBIT C: CERTIFICATION OF COMPLIANCE FORM.............................................................. 30 Certification........................................................................................................................... 34 Authorized Representative Signature................................................................................. 35 EXHIBIT D: STATE REIMBURSABLE TRAVEL EXPENSES................................................................ 36 City Council 10 — 9 2/6/2024 DocuSign Envelope ID: 559950F4-C2A7-4C48-AD17-D6B4EF4D5FB6 City of Santa Ana Santa Ana Public Library - Newhope Library Learning Center B F-23-01 1 Page 1 CALIFORNIA II STATE LIBRARY PROJECT SUMMARY Award Agreement between the California State Library and the City of Santa Ana for the Santa Ana Public Library - Newhope Library Learning Center Project AWARD AGREEMENT NUMBER BF-23-011 This Award Agreement ("Agreement") is entered into on the date of execution of the agreement by and between the California State Library ("State Library") and the City of Santa Ana ("Grantee"). This Award Agreement pertains to Grantee's State -funded project at the Sana Ana Public Library - Newhope Library Learning Center. The Library Development Services Bureau ("LDS") of the State Library administers state and federal funds in the form of awards. The Grantee was selected by the State Library to receive state grant funds in the amount of $1,086,754 through the process adopted by the State Library in administering such grants. The State Library and the Grantee, for the consideration and under the conditions hereinafter set forth in the Grant Agreement, agree as follows: City Council 10 - 10 2/6/2024 DocuSign Envelope ID: 559950F4-C2A7-4C48-AD17-D6B4EF4D5FB6 City of Santa Ana Santa Ana Public Library - Newhope Library Learning Center B F-23-01 1 Page 2 0 CALIFORNIA II STATE LIBRARY PROCEDURES and REQUIREMENTS A.. Term of the Agreement The Grant term begins on the date of execution of the Agreement by both parties, until June 30, 2027. If completion of the project occurs prior to the end of the grant period this will be the end date of the term of this agreement. Grant eligible program expenditures may begin no earlier than the start date. The project period ends on June 30, 2027, and all grant project costs must be incurred by this date. B. Scope of Work 1. Pursuant to the California Budget Act for the 2023-2024 Fiscal Year (Senate Bill 101), the State Library hereby allocates to the City of Santa Ana a sum not to exceed $1,086,754 ("Grant Funds"), upon and subject to the terms and conditions of this Grant Agreement for the Santa Ana Public Library - Newhope Library Learning Center ("Agreement"). 2. Grantee agrees to perform all activities specifically identified in the Grantee's submitted application and award packet. 3. The following activities and deliverables to be performed by the Grantee include, but are not limited to the following: • Maintain and keep records of expenditures related to the grant that are consistent with Generally Acceptable Accounting Practices (GAAP). • Make financial records available to the State Library upon request. • Work with the State Library staff to assure that funds are disbursed in compliance with the purpose of the grant. • Prepare and submit required narrative and financial reports. • Procure equipment, and other supplies as needed for the project. • Issue contracts for services, personnel, and consultants as needed for the project. • If applicable, make payments for services, including for hours worked and travel reimbursements, to consultants and contractors. • Oversee the implementation of project activities. City Council 10 -11 2/6/2024 DocuSign Envelope ID: 559950F4-C2A7-4C48-AD17-D6B4EF4D5FB6 City of Santa Ana Santa Ana Public Library - Newhope Library Learning Center B F-23-01 1 Page 3 C. Budget Detail The State Library shall provide the Grantee funding for the expenses incurred in performing the activities specified in the Grantee's award packet documentation. The Grantee shall request the distribution of grant funding consistent with the approved project budget incorporated herein, and according to the payment schedule specified in this Agreement. Under no circumstances shall payments exceed the total grant amount identified in this Agreement. D. Narrative and Financial Reports 1. The Grantee shall be responsible for submission of interim and final narrative and financial reports on the progress and activities of the project, to the State Library, using the sample report documents provided by the State Library. Visual documentation (e.g. still or video photography) will be required as part of each Narrative Report. 2. All the reports must be current, include all required sections and documents, and must be approved by the Grant Monitor before any payment request can be processed. Failure to comply with the specified reporting requirements may be considered a breach of this Agreement and result in the termination of the Agreement or rejection of the payment request and/or forfeiture by the Grantee of claims for costs incurred that might otherwise have been eligible for grant funding. Any problems or delays must be reported immediately to the Grant Monitor. The financial reports shall reflect the expenditures made by the Grantee under the Agreement and may be incorporated into the same reporting structure as the narrative reports. 3. The reports shall be submitted by the following dates: Reporting Period Report Due Date Project start date - Financial Reports, Expenditure Detail, and 5/1 /2024 3/31 /2024 Narrative Reports Due 4/1 /2024 - 6/30/2024 Financial Reports Due 8/1 /2024 7/1 /2024 - 9/30/2024 Financial Reports, Expenditure Detail, and 1 1 /1 /2024 Narrative Reports Due 10/1 /2024 - 12/31 /2024 Financial Reports Due 2/1 /2025 1 /1 /2025 - 3/31 /2025 Financial Reports, Expenditure Detail, and 5/1 /2025 Narrative Reports Due 4/1 /2025 - 6/30/2025 Financial Reports Due 8/1 /2025 City Council 10 — 12 2/6/2024 DocuSign Envelope ID: 559950F4-C2A7-4C48-AD17-D6B4EF4D5FB6 City of Santa Ana Santa Ana Public Library - Newhope Library Learning Center B F-23-01 1 Page 4 7/1 /2025 - 9/30/2025 Financial Reports, Expenditure Detail, and 1 1 /1 /2025 Narrative Reports Due 10/1 /2025 - 12/31 /2025 Financial Reports Due 2/1 /2026 1 /1 /2026 - 3/31 /2026 Financial Reports, Expenditure Detail, and 5/1 /2026 Narrative Reports Due 4/1/2026 - 6/30/2026 Financial Reports Due 8/1/2026 7/1 /2026 - 9/30/2026 Financial Reports, Expenditure Detail, and 1 1 /1 /2026 Narrative Reports Due 10/1 /2026 - 12/31 /2026 Financial Reports Due 2/1 /2027 1 /1 /2027 - 3/31 /2027 Financial Reports, Expenditure Detail, and 5/1 /2027 Narrative Reports Due 4/1 /2027 - 6/30/2027 Financial Reports Due 8/l /2027 7/1 /2027 - 9/30/2027 Final Financial, Narrative, and Expenditure 1 1 /1 /2027 Reports Due 4. Failure to submit timely reports with the appropriate documentation by the due date may result in rejection of the payment request and/or forfeiture by the Grantee of claims for costs incurred that might otherwise have been eligible for grant funding. 5. The Grantee agrees to maintain records and supporting documentation pertaining to the performance of this grant, subject to possible audit for a minimum of five (5) years after final payment date or grant term end date, whichever is later. Please refer to Exhibit A, Terms and Conditions for more information. E. Claim Form and Payment 1. The State Library shall provide the Grantee payment as outlined in the payment schedule only if all requirements for claiming the funds as outlined in this document have been met, and only for those activities and costs specified in the approved award packet documentation. 2. The Grantee shall complete, sign, and submit the Certification of Compliance form (Exhibit C) and the Financial Claim form (included in your award packet), to the State Library within 30 days of receiving this award packet. These forms will be issued, signed, and submitted using the online signature and agreement platform, DocuSign, unless DocuSign is unallowable or inconsistent with practices and policies of the local jurisdiction. If the use of DocuSign is not acceptable to the Grantee organization, please contact the grant monitor regarding alternate options. City Council 10 — 13 2/6/2024 DocuSign Envelope ID: 559950F4-C2A7-4C48-AD17-D6B4EF4D5FB6 City of Santa Ana Santa Ana Public Library - Newhope Library Learning Center B F-23-01 1 Page 5 3. Any of the sums appearing under the categories in the approved budget may be adjusted with prior authorization from the State Library Grant Monitor. This would be to increase the allotment with the understanding that there will be corresponding decreases in the other allotments so that the total amount paid by the State Library to the Grantee under this Agreement shall not exceed the awarded amount, which shall be expended/encumbered during the grant period. 4. If the payment amount made by the State Library exceeds the actual expenses incurred during the term of this Agreement, as reflected in the financial reports to be filed by the Grantee, the Grantee shall immediately refund the excess payment amount to the State Library. 5. The Award payments will only be made to the Grantee. It is the Grantee's responsibility to pay all contractors and subcontractors for purchased goods and services. 6. The Final Payment of 10% will be withheld and retained by the State Library (if applicable) until all conditions agreed upon in this Agreement, including submission and grant monitor approval of the interim and final narrative and financial reports, have been satisfied. 7. Prompt Payment Clause The State Library will make payments to the Grantee in accordance with the Prompt Payment Clause under Government Code, section 927, et. seq. The Grantee may typically expect payment within 45 days from the date a grant payment request is properly submitted and approved by the Grant Monitor. 8. Budget Contingency Clause a. It is mutually agreed that if the Budget Act of the current fiscal year or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall no longer be in full force and effect. In this event, the State Library shall have no liability to pay any funds whatsoever to the Grantee or to furnish any other considerations under this Agreement and the Grantee shall not be obligated to perform any provisions of this Agreement. b. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this Program, the State Library shall have the option to either cancel this Agreement with no liability occurring to itself or offer an Agreement amendment to the Grantee to reflect the reduced amount. City Council 10 — 14 2/6/2024 DocuSign Envelope ID: 559950F4-C2A7-4C48-AD17-D6B4EF4D5FB6 City of Santa Ana Santa Ana Public Library - Newhope Library Learning Center B F-23-01 1 Page 6 F. Grantee's Covenants In consideration of Grantor's disbursement of the Grant Funds, for a period of ten years following the completion of the grant period, Grantee hereby covenants and agrees as follows: 1. The Grant Funds shall be used for Santa Ana Public Library - Newhope Library Learning Center project. 2. The property shall be held, used, operated, managed and maintained only in a manner that is consistent with this Agreement. 3. Grantee shall pay before delinquency all taxes, assessments (general and special), fees, and charges of whatever description levied on or assessed against the property by competent authority (collectively "Taxes") and shall furnish Grantor with satisfactory evidence of payment upon request. Grantee shall keep the property free from any liens including, without limitation, those arising out of any obligations incurred by Grantee for any labor or materials furnished or alleged to have been furnished to or for Grantee at or for use on the property. City Council 10 - 15 2/6/2024 DocuSign Envelope ID: 559950F4-C2A7-4C48-AD17-D6B4EF4D5FB6 City of Santa Ana Santa Ana Public Library - Newhope Library Learning Center B F-23-01 1 Page 7 0 CALIFORNIA II STATE LIBRARY EXHIBIT A: TERMS and CONDITIONS Accessibility: The State is responsible for ensuring that public websites are accessible to both the general public and state employees, including persons with disabilities. Grantee shall assist the State in meeting its responsibility. Therefore, all project materials generated by state funded programs must meet the California Accessibility Standards. Additionally, all project materials designed, developed, and maintained shall be in compliance with the California Government Code, sections 7405 and 11135, and the Web Content Accessibility Guidelines 2.0, or a subsequent version, as published by the Web Accessibility Initiative of the World Wide Web Consortium at a minimum Level AA success criteria. However, if for some reason project materials is not generated to be in compliance to meet these standards, please still submit it to the State Library. When submitting the material make sure to note that the material is not accessible by including "NOT ACCESSIBLE" in the file name. The State Library reserves the right to post project materials to its website that are in compliance with these standards. 2. Acknowledgment: The State of California and the State Library shall be acknowledged in all promotional materials, signage, and publications related to the Santa Ana Public Library - Newhope Library Learning Center project. a. Grant award recipients must ensure that the State of California receives full credit as the source of funds and that the State Library, likewise, is acknowledged as the administrator. b. Publications and information releases about the project must credit the State of California. An appropriate statement for a publication or project press release is: "This [publication/project] was supported in whole or in part by funding provided by the State of California, administered by the California State Library." Grantees must include the above statement in any publications, vehicle wraps, and promotional materials, including websites. If space is limited the City Council 10 - 16 2/6/2024 DocuSign Envelope ID: 559950F4-C2A7-4C48-AD17-D6B4EF4D5FB6 City of Santa Ana Santa Ana Public Library - Newhope Library Learning Center B F-23-01 1 Page 8 State Library logo and the following shortened acknowledgement statement is acceptable: "Funding provided by the State of California." This credit line on products of a project, such as materials, is important to foster support from the public, and state funding sources. c. Permanent, temporary, or promotional signage, including a dedication plaque or donor wall, should include abbreviated credit language as follows: "Funding provided by the State of California. "; or, "Project in partnership with the State of California." d. This acknowledgement does not need to be any longer than the above examples. Temporary project/promotional signage should include the State Library logo. Acknowledgement is not expected on regular facility signage. State Library staff are available to review any mockups for permanent donor recognition/dedication signage you may have. California State Library Logo: Use of the State Library logo, which can be downloaded on the California State Library website, is required on any publication, vehicle wrap, or promotional material along with the above statement(s). e. Project Photography: Photographs and videos are a great way to document your project. If obtaining still or video photography featuring members of the public, Grantees should obtain a photo release form. Grantees may use their organization's image release form or contact the State Library grant monitor for a sample image release form. 3. Agency: In the performance of this Agreement the Grantee and its agents and employees shall act in an independent capacity and not as officers, employees or agents of the State Library. The Grantee is solely responsible for all activities supported by the grant. Nothing in this Agreement creates a partnership, agency, joint venture, employment, or any other type of relationship between the parties. The Grantee shall not represent itself as an agent of the State Library for any purpose and has no authority to bind the State Library in any manner whatsoever. 4. Amendment: No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties, and approved as required. No oral understanding or agreement not incorporated into this Agreement is binding on any of the parties. This Agreement may be amended, modified, or augmented by mutual consent of the parties, subject to the requirements and restrictions of this paragraph. 5. Applicable Law: The laws of the State of California shall govern all proceedings concerning the validity and operation of this Agreement and the performance City Council 10 — 17 2/6/2024 DocuSign Envelope ID: 559950F4-C2A7-4C48-AD17-D6B4EF4D5FB6 City of Santa Ana Santa Ana Public Library - Newhope Library Learning Center B F-23-01 1 Page 9 of the obligations imposed upon the parties hereunder. The parties hereby waive any right to any other venue. The place where the Agreement is entered into and place where the obligation is incurred is Sacramento County, California. 6. Assignment, Successors, and Assigns: The Grantee may not assign this Agreement or delegate its performance to any third -party person or entity, either in whole or in part, without the State Library's prior written consent. The provisions of this Agreement shall be binding upon and inure to the benefit of the State Library, the Grantee, and their respective successors and assigns. 7. Audit and Records Access: The Grantee agrees that the State Library, the Department of General Services, the State Auditor, or their designated representatives shall have the right to review, audit, inspect and copy any records and supporting documentation pertaining to the performance of this Agreement. The Grantee agrees to maintain such records for possible audit for a minimum of five (5) years after the final payment, or grant term end date, whichever is later, unless a longer period of records retention is stipulated, or until completion of any action and resolution of all issues which may arise as a result of any litigation, dispute, or audit, whichever is later. The Grantee agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, the Grantee agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement. Examples of audit documentation may include, but not limited to, competitive bids, grant amendments, if any, relating to the budget or work plan, copies of any agreements with contractors or subcontractors if utilized, expenditure ledger, payroll register entries, time sheets, personnel expenditure summary form, travel expense log, paid warrants, contracts and change orders, samples of items and materials developed with grant funds, invoices and/or cancelled checks. 8. Authorized Representative: Grantee and the State Library mutually represent that their authorized representatives have the requisite legal authority to sign on their organization's behalf. 9. Communication and Contact Information: All communications from either party, including an interim check -in at any time during the grant term, shall be directed to the respective grant monitor or representative of the State Library or Grantee. For this purpose, the following contact information is provided below: City Council 10 — 18 2/6/2024 DocuSign Envelope ID: 559950F4-C2A7-4C48-AD17-D6B4EF4D5FB6 Brian Sternberg Library Services Director City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 bsternberg@santa-ana.org 714-647-5296 City of Santa Ana Santa Ana Public Library - Newhope Library Learning Center California State Library Libby Carlson 900 N Street Sacramento, CA 95814 libby.carlson@library.ca.gov 916-603-6705 B F-23-01 1 Page 10 10. Confidentiality: Grantee will maintain as confidential any material it receives or produces that is marked Confidential or is inherently confidential or is protected by privilege. Grantee agrees to alert the State Library to this status in advance, and State Library agrees to maintain this status in conformity with the Public Records Act. 11. Contractor and Subcontractors: Nothing contained in this Grant Agreement or otherwise shall create any contractual relation between the State and any contractor or subcontractors, and no contract or subcontract shall relieve the Grantee of his or her responsibilities and obligations hereunder. The Grantee agrees to be as fully responsible to the State for the acts and omissions of its contractors, subcontractors, volunteers, student interns, and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the Grantee. The Grantee's obligation to pay its contractors and subcontractors is an independent obligation from the State's obligation to make payments to the Grantee. As a result, the State shall have no obligation to pay or to enforce the payment of any monies to any contractor or subcontractor. 12. Copyright: Grantee owns and retains titles to any copyrights or copyrightable material from any original works that it creates within the scope of this Agreement in accordance with the federal Copyright Act. (17 U.S.C. 101, et seq.) Grantee is responsible for obtaining any necessary licenses, permissions, releases, or authorizations to use text, images, or other materials owned, copyrighted, or trademarked by third parties and for extending such licenses, permissions, releases, or authorizations to the State Library pursuant to this section. Also, the State Library may upload, post or transmit copyrighted material produced or purchased with grant funds on a State Library website for public access and viewing. 13. Discharge of Grant Obligations: The Grantee's obligations under this Agreement shall be deemed discharged only upon acceptance and approval of the final report by State Library. If the Grantee is a non-profit entity, the Grantee's Board of Directors shall accept and certify as accurate the final report prior to its submission to State Library. City Council 10 — 19 2/6/2024 DocuSign Envelope ID: 559950F4-C2A7-4C48-AD17-D6B4EF4D5FB6 City of Santa Ana Santa Ana Public Library - Newhope Library Learning Center B F-23-01 1 Page 11 14. Dispute Resolution: In the event of a dispute, Grantee will discuss the problem informally with the Grant Monitor. If unresolved, the Grantee shall file a written "Notice of Dispute" with the State Library Grant Monitor within ten (10) days of discovery of the problem. Within ten (10) days of receipt of the Notice of Dispute, the Grant Monitor shall meet with the Grantee for purposes of resolving the dispute. Any dispute arising under the terms of this Agreement which is not disposed of within a reasonable period of time, the Grantee may bring it to the attention of the State Librarian or the designated representative. The decision of the State Librarian or designated representative shall be final. Unless otherwise instructed by the Grant Monitor, the Grantee shall continue with its responsibilities under this Agreement during any dispute. 15. Drug -free Workplace: The Grantee certifies under penalty of perjury under the laws of California, that the Grantee will comply with the requirements of the Drug -Free Workplace Act of 1990 (Gov. Code, § 8350 et. seq.) and will provide a drug -free workplace by taking the following actions: a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations. b. Establish a Drug -Free Awareness Program to inform employees about all of the following: 1) The dangers of drug abuse in the workplace. 2) The Grantee's policy of maintaining a drug -free workplace. 3) Any available counseling, rehabilitation, and employee assistance programs. 4) Penalties that may be imposed upon employees for drug abuse violations. c. Require that every employee who works on the project funded through this Grant Agreement will: 1) Receive a copy of the Grantee's drug -free workplace policy statement. 2) Agrees to abide by the terms of the Grantee's statement as a condition of employment on the Agreement. Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and grantee may be ineligible for award of any future state agreements if the State Library determines that the grantee has made a false certification or violated the certification by failing to carry out the requirements as noted above. City Council 10 — 20 2/6/2024 DocuSign Envelope ID: 559950F4-C2A7-4C48-AD17-D6B4EF4D5FB6 City of Santa Ana Santa Ana Public Library - Newhope Library Learning Center B F-23-01 1 Page 12 16. Effectiveness of Agreement: This Agreement is of no force or effect until signed by both parties. 17. Entire Agreement: This Agreement supersedes all prior agreements, oral or written, made with respect to the subject hereof and, together with all attachments hereto, contains the entire agreement of the parties. 18. Exclusive Agreement: This is the entire Agreement between the State Library and Grantee. 19. Executive Order N-6-22-Russia Sanctions: The Grantee shall comply with Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. "Economic Sanctions" refers to sanctions imposed by the U.S. government in response to Russia's actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate grant agreements with, and to refrain from entering any new grant agreements with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the State determine Grantee is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this agreement. The State shall provide Grantee advance written notice of such termination, allowing Grantee at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State. 20. Extension: The State Librarian or designee may extend the final deadline for good cause. The Grantee's request for an extension of the grant period must be made in writing and received by the State Library at least 30 days prior to the final deadline. 21. Failure to Perform: The grant being utilized by the Grantee is to benefit the Santa Ana Public Library - Newhope Library Learning Center project. If the Grant Monitor determines the Grantee has not complied with this Agreement, the Grantee may forfeit the right to reimbursement of any grant funds not already paid by the State Library, including, but not limited to, the ten percent (10%) withheld. 22. Federal and State Taxes: The State Library shall not: a. Withhold Federal Insurance Contributions Act (FICA) payments from Grantee's payments or make FICA payments on the Grantee's behalf; or b. Make Federal or State unemployment insurance contributions on Grantee's behalf; or c. Withhold Federal or State income taxes from Grantee's payments. City Council 10 - 21 2/6/2024 DocuSign Envelope ID: 559950F4-C2A7-4C48-AD17-D6B4EF4D5FB6 City of Santa Ana Santa Ana Public Library - Newhope Library Learning Center B F-23-01 1 Page 13 Grantee shall pay all taxes required on payments made under this Agreement including applicable income taxes and FICA. 23. Force Majeure: Neither the State Library nor the Grantee, its contractors, vendors, or subcontractors, if any, shall be responsible hereunder for any delay, default, or nonperformance of this Agreement, to the extent that such delay, default, or nonperformance is caused by an act of God, weather, accident, labor strike, fire, explosion, riot, war, rebellion, sabotage, flood, or other contingencies unforeseen by the State Library or the Grantee, its contractors, vendors, or subcontractors, and beyond the reasonable control of such party. 24. Forfeit of Grant Funds and Repayment of Funds Improperly Expended: If grant funds are not expended, or have not been expended, in accordance with this Agreement, the State Librarian or designee, at his or her sole discretion, may take appropriate action under this Agreement, at law or in equity, including requiring the Grantee to forfeit the unexpended portion of the grant funds, including, but not limited to, the ten percent (10%) withhold, and/or to repay to the State Library any funds improperly expended. 25. Fringe Benefit Ineligibility Grantee agrees that neither the Grantee nor its employees and contract personnel are eligible to participate in any employee pension, health benefit, vacation pay, sick pay or other fringe benefit plan of the State of California or the State Library. 26. Generally Accepted Accounting Principles: The Grantee is required to use Generally Accepted Accounting Principles in documenting all grant expenditures. 27. Grant Monitor: The Grant Monitor's responsibilities include monitoring grant progress and reviewing and approving Grant Payment Requests and other documents delivered to the State Library pursuant to this Agreement. The Grant Monitor may monitor Grantee performance to ensure Grantee expends grant funds appropriately and in a manner consistent with the terms and conditions contained herein. The Grant Monitor does not have the authority to approve any deviation from or revision to the Terms and Conditions (Exhibit A and B) or the Procedures and Requirements unless such authority is expressly stated in the Procedures and Requirements. 28. Grantee: The government or legal entity to which a grant is awarded and which is accountable to the State Library for the use of the funds provided. a. The grantee will make reports to the State Librarian in such form and containing such information as may be required to ensure the proper used of funds consistent with the grantee's application, and award agreement and accompanying documentation submitted. The grantee City Council 10 — 22 2/6/2024 DocuSign Envelope ID: 559950F4-C2A7-4C48-AD17-D6B4EF4D5FB6 City of Santa Ana Santa Ana Public Library - Newhope Library Learning Center B F-23-01 1 Page 14 will keep such records and afford such access as the State Library may find necessary to assure the correctness and verification of such reports. 29. Grantee Accountability: The Grantee is ultimately responsible and accountable for the manner in which the grant funds are utilized and accounted for and the way the grant is administered, even if the Grantee has contracted with another organization, public or private, to administer or operate its grant project. In the event an audit should determine that grant funds are owed to the State Library, the Grantee is responsible for repayment of the funds to the State Library. 30. Grantee Funds: It is mutually agreed that the Grantee is responsible for furnishing funds beyond the grant award that may be necessary to complete the project. 31. Independent Action: Grantee reserves the right to fulfill its obligations under this Agreement in an independent manner, at any location and at any time within the agreed -upon timeline. Grantee's employees or contract personnel shall perform all services required by this Agreement, but their time need not be devoted solely to fulfilling obligations under this Agreement. Grantee shall furnish all equipment and materials used to meet its obligations and complete the Project. The State Library shall not provide any personnel or other resources beyond the grant award and is not required to provide training in connection with this Agreement. 32. Indemnification: Grantee agrees to indemnify, defend, and save harmless the State of California, the State Library and its officers, employees, and agents, from any and all claims, losses, and liabilities accruing or resulting to any and all contractors, subcontractors, suppliers, laborers and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by Grantee in the performance of this Agreement. 33. License to Use: The State Library reserves a fully paid -up, royalty -free, nonexclusive, sub -licensable and irrevocable license to reproduce, publish, prepare derivative works, distribute or otherwise use, and to authorize third parties to use, any material received or maintained by Grantee in connection with this Agreement. This includes intellectual property, with or without third -party rights. All such usages will be for public library and State governmental purposes: a. The copyright in any work developed under this grant, sub -grant, or contract under this grant or sub -grant; and b. Any rights of copyright to which a Grantee, sub -grantee, or a contractor purchases ownership with grant support. City Council 10 — 23 2/6/2024 DocuSign Envelope ID: 559950F4-C2A7-4C48-AD17-D6B4EF4D5FB6 City of Santa Ana Santa Ana Public Library - Newhope Library Learning Center B F-23-01 1 Page 15 34. Limitation of Expenditure: Expenditure for all projects must conform to the Grantee's approved budget and with applicable State laws and regulations. The total amount paid by the State Library to the Grantee under this Grant Agreement shall not exceed $1,086,754 and shall be expended/encumbered in the designated award period. During the award period, the Grantee may find that the approved budget may need to be modified. Budget changes, requests for additional funds, or requests for reductions in award funding must be discussed with the assigned State Library Grant Monitor and a Grant Award Modification may be required to be submitted according to the instructions. Approval is by the State Librarian or their designee. Adjustments should be reported on the next financial report. Any adjustments in approved budgets must be documented and documentation retained in project accounts. 35. Lobbying: Grantee confirms that the grant funds will not be used for the purposes of lobbying or otherwise attempting to influence legislation, as those purposes are defined by the U.S. Internal Revenue Code of 1986. 36. Non -Discrimination Clause: During this grant period, the Grantee and the Grantee's contractors, and subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, age, sexual orientation, or military and veteran status. Grantee shall insure that the evaluation and treatment of contractors, employees and applicants for employment are free from such discrimination and harassment. Additionally, Grantee, contractors, and subcontractors, if applicable, shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code § 12900 et seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, § 11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§ 1 1 135-1 1 139.5), and the regulations or standards adopted by the State Library to implement such article. Grantee shall permit access by representatives of the Department of Civil Rights and the State Library upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours' notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or the State Library shall require ascertaining compliance with this clause. Grantee, and its contractors, and subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (See Cal. Code Regs., tit. 2, § 1 1 105.) City Council 10 — 24 2/6/2024 DocuSign Envelope ID: 559950F4-C2A7-4C48-AD17-D6B4EF4D5FB6 City of Santa Ana Santa Ana Public Library - Newhope Library Learning Center B F-23-01 1 Page 16 Grantee shall include the non-discrimination and compliance provisions of this clause in all contracts and subcontracts to perform work under the Agreement. 37. Notices: All notices and other communications in connection with this Agreement shall be in writing, and shall be considered delivered as follows: a. Electronic Mail (E-mail): When sent by e-mail to the last e-mail address of the recipient known to the party giving notice. Notice is effective upon transmission. b. DocuSign (e-signature platform): When sent via DocuSign a notification will be sent to the last e-mail address of the recipient known to the party giving notice. Notice is effective upon transmission. c. Grants Management System: When sent via / uploaded to the State Library Grants Management System, a notification will be sent to the last e-mail address of the recipient known to the party giving notice. Notice is effective upon transmission. d. Personally: When delivered personally to the Grantee's physical address as stated in this Agreement. e. U.S. Mail: Five days after being deposited in the U.S. Mail, postage prepaid, and addressed to Grantee's address as stated in this Agreement. 38. Order of Precedence: The performance of this Agreement shall be conducted in accordance with the Terms and Conditions, Procedures and Requirements, Certificate of Compliance, Project Summary, Implementation Plan, and Budget, of this Agreement, or other combination of exhibits specified on the Grant Agreement Coversheet attached hereto (collectively referred to as "Terms"). Grantee's State Library -approved Application (Grantee's Application) is hereby incorporated herein by this reference. In the event of conflict or inconsistency between the articles, exhibits, attachments, specifications, or provisions that constitute this Agreement, the following order of precedence shall apply: a. Grant Agreement Coversheet and any Amendments thereto b. Terms and Conditions c. Procedures and Requirements d. Certificate of Compliance e. Project Summary f. Grantee's approved outputs from the submitted application (including Budget and Implementation plan submitted as part of the required award documents) g. All other attachments hereto, including any that are incorporated by reference. 39. Payment: City Council 10 — 25 2/6/2024 DocuSign Envelope ID: 559950F4-C2A7-4C48-AD17-D6B4EF4D5FB6 City of Santa Ana Santa Ana Public Library - Newhope Library Learning Center B F-23-01 1 Page 17 a. The approved Budget, if applicable, is attached hereto and incorporated herein by this reference and states the maximum amount of allowable costs for each of the tasks identified in the Implementation Plan submitted as part of the required award documents. The State Library shall provide funding to the Grantee for only the work and tasks specified in the list of approved outputs at only those costs specified in the Budget submitted as part of the required award documents and incurred in the term of the Agreement. b. The Grantee shall carry out the work described in the Implementation Plan or in the Grantee's Application in accordance with the approved Budget and shall obtain the Grant Monitor's written approval of any changes or modifications to the Implementation Plan, approved project outputs, or the approved Budget prior to performing the changed work or incurring the changed cost. If the Grantee fails to obtain such prior written approval, the State Librarian or designee, at his or her sole discretion, may refuse to provide funds to pay for such work or costs. c. The Grantee shall request funds in accordance with the funding schedule included in this Agreement. d. Ten percent (10%) will be withheld from the Payment Request (if applicable) and paid at the end of the grant term, when all reports and conditions stipulated in this Agreement have been satisfactorily completed. Failure by the grantee to satisfactorily complete all reports and conditions stipulated in this Agreement may result in forfeiture of any such funds withheld. e. Lodgings, Meals and Incidentals: Grantee's eligible costs are limited to the amounts authorized in the California State Administrative Manual (see Exhibit C or contact the Grant Monitor for more information). f. Payment will be made only to the Grantee. g. Reimbursable expenses shall not be incurred unless and until the Grantee receives a Notice to Proceed as described in the Procedures and Requirements. 40. Personal Jurisdiction: The Grantee consents to personal jurisdiction in the State of California for all proceedings concerning the validity and operation of this Agreement and the performance of the obligations imposed upon the parties. Native American Tribal grantees expressly waive tribal sovereign immunity as a defense to any and all proceedings concerning the validity and operation of this Agreement and the performance of the obligations imposed upon the parties. 41. Personnel Costs: Any personnel expenditures to be paid for with grant funds must be computed based on actual time spent on grant -related activities and on the actual salary or equivalent hourly wage the employee is paid for their regular job City Council 10 — 26 2/6/2024 DocuSign Envelope ID: 559950F4-C2A7-4C48-AD17-D6B4EF4D5FB6 City of Santa Ana Santa Ana Public Library - Newhope Library Learning Center B F-23-01 1 Page 18 duties, including a proportionate share of any benefits to which the employee is entitled. 42. Pledge: This Agreement shall not be interpreted to create any pledge or any commitment by the State Library to make any other or further grants or contributions to Grantee, or any other person or entity in connection with the Project. It is mutually agreed that Grantee is responsible for furnishing funds beyond the grant award that may be necessary to complete outcomes or deliverables. 43. Privacy Protection: Both parties agree to protect the confidentiality of any non- public, personal information that may be contained in materials received or produced in connection with this Agreement, as required by Civil Code, section 1798, et. seq. 44. Prohibited Use: The expenditure under this program shall not be used to supplant Grantee efforts in other grant programs provided by the State Library. 45. Public Records Act: Material maintained or used by the State Library is considered "public record" under the Public Records Act (PRA) at Government Code, sections 7920, et. seq. This includes the Interim and Final reports, and any other written communications between the parties. Grantee agrees to ensure that all content contained in its written reports are appropriate for publication. Said material, along with all other reports, documentation and data collected during the term of the Agreement, will be subject to disclosure unless it qualifies for exemption under the PRA in whole or in part. Grantee agrees to alert the State Library as to a basis for exemption, if any exists. 46. Publicity Obligations: Grantee will notify the State Library of any promotional materials or publications resulting from the grant no later than five (5) days in advance of distribution, whether they are print, film, electronic, or in any other format or medium. Copies of all promotional materials will be provided to the State Library. Grantee will acknowledge the State Library's support as noted above. Grantee agrees that the State Library may include information about this grant and its outcomes in its own annual reports, with specific reference to Grantee, and may distribute such information to third parties. 47. Records: Communications, grant related documents, data, original receipts, and invoices must be maintained by Grantee and shall be made available to the State Library upon request. Grantee agrees to maintain adequate grant program records and adequate financial records consistent with generally accepted accounting practices, and to retain all records for at least five (5) years after the end -of -term. The State Library may monitor or conduct an onsite evaluation of Grantee's operation to ensure compliance with this Agreement, with reasonable advance notice. City Council 10 — 27 2/6/2024 DocuSign Envelope ID: 559950F4-C2A7-4C48-AD17-D6B4EF4D5FB6 City of Santa Ana Santa Ana Public Library - Newhope Library Learning Center B F-23-01 1 Page 19 48. Reduction of Waste: In the performance of this Agreement, Grantee shall take all reasonable steps to ensure that materials purchased or utilized in the course of the project are not wasted. Steps should include, but not be limited to: the use of used, reusable, or recyclable products; discretion in the amount of materials used; alternatives to disposal of materials consumed; and the practice of other waste reduction measures where feasible and appropriate. 49. Reimbursement Limitations: Under no circumstances shall the Grantee seek reimbursement pursuant to this Agreement for a cost or activity that has been or will be paid for through another funding source. The Grantee shall not seek reimbursement for any costs used to meet cost sharing or matching requirements of any other State Library funded program. 50. Reports and Claims: It is the responsibility of the grantee make the required reports and claims to the State Library. a. The Grantee shall be responsible for submitting to the State Library Narrative Reports detailing progress and activities. The reports are due on the dates specified in the reporting schedule detailed in the Procedures and Requirements section. b. The Grantee shall be responsible for submitting to the State Library Financial Reports reflecting Grantee expenditure activity. The reports are due on the dates specified in the reporting schedule detailed in the Procedures and Requirements section. c. To obtain payment hereunder, the Grantee shall submit authorized claims provided by the State Library for that purpose, on each of the following mentioned dates for payment, and the State Library agrees to reimburse the State Library as soon thereafter as State fiscal procedures will permit. d. The final 10% of the grant award (if applicable) is payable only upon approval of all final reports and receipt of claim form. Failure to provide timely reports is a serious breach of an award recipient's administrative duty under the award. e. Payment will be provided to cover the expenditures incurred by the Grantee for the project in the following manner: 1) $543,377 upon the receipt and approval, by the State Library, of the submission of all required documents as stated in the award letter; execution of the agreement, certification, and claim form by the Grantee organization. 2) The second payment in the amount of $434,702 after the submission and approval of the January 31, 2025 report and receipt, by the State Library, of a completed claim form unless: i. The grantee needs the funding prior to the January date in order for the project to progress. To obtain funding prior to January 31, 2025, the grantee must provide documentation to City Council 10 — 28 2/6/2024 DocuSign Envelope ID: 559950F4-C2A7-4C48-AD17-D6B4EF4D5FB6 City of Santa Ana Santa Ana Public Library - Newhope Library Learning Center B F-23-01 1 Page 20 the grant monitor demonstrating effectively either (a) that the first award payment has been spent, or (b) why the second installment is needed in advance of the scheduled payment. ii. The grantee's January 31, 2025, financial report demonstrates that they have not spent any of their initial payment. The second payment will be held until the Grantee demonstrates effectively that their project is moving forward and additional funding is needed. 3) A final payment in the amount of $108,675 will be made upon submission and approval of the final interim grant report and financial claim form. 51. Self -Dealing and Arm's Length Transactions: All expenditures for which reimbursement pursuant to this Agreement is sought shall be the result of arm's- length transactions and not the result of, or motivated by, self -dealing on the part of the Grantee or any employee or agent of the Grantee. For purposes of this provision, "arm's-length transactions" are those in which both parties are on equal footing and fair market forces are at play, such as when multiple vendors are invited to compete for an entity's business and the entity chooses the lowest of the resulting bids. "Self -dealing" is involved where an individual or entity is obligated to act as a trustee or fiduciary, as when handling public funds, and chooses to act in a manner that will benefit the individual or entity, directly or indirectly, to the detriment of, and in conflict with, the public purpose for which all grant monies are to be expended. 52. Severability: If any part of this Agreement is found to be unlawful or unenforceable, such provisions will be voided and severed from this Agreement, but the remainder of the provisions in the Agreement will remain in full force and effect. 53. Site Visits: The Grantee shall allow the State Library to access and conduct site visits, with reasonable notice, at which grant funds are expended and related work being performed at any time during the performance of the work and for up to ninety (90) days after completion of the work, or until all issues related to the grant project have been resolved. A site visit may include, but not be limited to, monitoring the use of grant funds, providing technical assistance when needed, and visiting the State funded project. 54. Termination: The Agreement shall be subject to termination by the State Librarian or designee upon notice to the Grantee at least thirty (30) days prior to the effective date of termination. In the event this Agreement is terminated, the Grantee shall deliver to the State Librarian copies of all reports, accounting, data, and materials prepared up to the date of termination. The State Librarian shall determine and pay the Grantee for necessary and appropriate City Council 10 — 29 2/6/2024 DocuSign Envelope ID: 559950F4-C2A7-4C48-AD17-D6B4EF4D5FB6 City of Santa Ana Santa Ana Public Library - Newhope Library Learning Center B F-23-01 1 Page 21 expenditures and obligations up to the date of termination which have not been covered by prior installments previously paid to the Grantee. Upon such termination, the unused portion of the grant award must be returned to the State Library within 45 days. If funding has been advanced to the Grantee, any unobligated balances, as determined by the State Librarian, shall be returned to the State Library within 45 days of the notice of termination. 55. Timeline: Time is of the essence to this Agreement. It is mutually agreed between the parties that the Budget and the implementation plan included therein are part of the Agreement. 56. Unused Funds: At the end -of -term Grantee agrees to return any unexpended or unaccounted for funds to the State Library, or to submit a written request for an extension of the grant period. Funds will be considered unexpended or unaccounted if they were: (1) not used for their intended purpose, or (2) used inconsistent with the terms of this Agreement. Funds will also be considered unaccounted for, and must be returned, if the proposal outcomes or deliverables are materially incomplete by the end -of -term or earlier termination, as determined by the State Library in its sole discretion. 57. Waiver of Rights: The State Library shall not be deemed to have waived any rights under this Agreement unless such waiver is given in writing and signed by State Library. No delay or omission on the part of State Library in exercising any rights shall operate as a waiver of such right or any other right. A waiver by State Library of a provision of this Agreement shall not prejudice or constitute a waiver of State Library's right otherwise to demand strict compliance with that provision or any other provision of this Agreement. No prior waiver by State Library, nor any course of dealing between the State Library and Grantee, shall constitute a waiver of any of State Library's rights or of any of Grantee's obligations as to any future transactions. Whenever the consent of State Library is required under this Agreement, the granting of such consent by State Library in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of the State Library. 58. Work Products: Grantee shall provide the State Library with copies of all final products identified in the Work Plan and Application. Grantee shall also provide the State Library with copies of all public education and advertising material produced pursuant to this Agreement. 59. Worker's Compensation: The State of California will not provide Workers' Compensation insurance for Grantee or Grantee's employees or contract City Council 10 — 30 2/6/2024 DocuSign Envelope ID: 559950F4-C2A7-4C48-AD17-D6B4EF4D5FB6 City of Santa Ana Santa Ana Public Library - Newhope Library Learning Center B F-23-01 1 Page 22 personnel. If Grantee hires employees to perform services required by this Agreement, Grantee shall provide Workers' Compensation insurance for them. The Grantee is aware of Labor Code Section 3700, which requires every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the Labor Code, and the Grantee agrees to comply with such provisions before commencing the performance of the work of this Agreement. City Council 10 — 31 2/6/2024 DocuSign Envelope ID: 559950F4-C2A7-4C48-AD17-D6B4EF4D5FB6 City of Santa Ana Santa Ana Public Library - Newhope Library Learning Center B F-23-01 1 Page 23 CALIFORNIA STATE LIBRARY EXHIBIT B: ADDITIONAL TERMS AND CONDITIONS California Building Codes: Activities funded under this Agreement, regardless of funding source, must be in compliance with all applicable California Building Codes (Cal Code Regs., Title 24). 2. California Environmental Quality Act: Activities funded under this Agreement, regardless of funding source, must be in compliance with the California Environmental Quality Act (CEQA) (Public Resources Code section 21000 et seq.). Information on CEQA may be found in the California State Clearinghouse Handbook. 3. Changes in a project: Any proposed change in the project requested by the Grantee, which would change the information provided during the application process, requires approval from the State Librarian prior to execution. The State Librarian shall have the sole authority to determine if a proposed change by the Grantee is approved or not approved. The State Librarian's decision is final and binding. 4. Compliance with Laws; Consents and Approvals: Grantee will comply with all applicable laws, ordinances, rules and regulations of federal, state, and local governments and agencies having jurisdiction over either the Grantee, the Property, or the project, and with all applicable directions, rules and regulations of the Fire Marshal, health officer, building inspector and other officers of any such government or agency. All permits, consents, permissions and licenses required by any federal, state or local government or agency to which Recipient, the Property, or the Infrastructure Project is subject, which may be necessary in relation to this Agreement, development, construction or ownership of the Infrastructure Project, at or prior to the commencement of construction, have been, or will be, obtained, and none of such consents, permissions and licenses are subject to appeal or to conditions which have not been met. 5. Contractors and Subcontractor: For the performance of all construction work on the Project, Grantee agrees to use a licensed general contractor or contractors ("Contractor"), in good standing, in order to complete the work described in the grant application. The Grantee hereby certifies that the Contractor is in good City Council 10 — 32 2/6/2024 DocuSign Envelope ID: 559950F4-C2A7-4C48-AD17-D6B4EF4D5FB6 City of Santa Ana Santa Ana Public Library - Newhope Library Learning Center B F-23-01 1 Page 24 standing with the California State Contractors' License Board. The Grantee shall only contract with contractors who are licensed and shall ensure that the Contractor and any successor thereto shall only contract with subcontractors, that are also so licensed. 6. Contractor Insurance/Bond: Grantees shall be responsible for ensuring that any contractors/subcontractors hired for grant -funded work have all relevant bonds and insurance in place in compliance with prevailing wage and other applicable state and federal laws, the Department of Industrial Relations, and the Department of Consumer Affairs Contractors State License Board requirements. Insurance: a. Casualty Insurance i. The Contractor shall procure and maintain insurance on all of its operations with companies acceptable to the State as follows: 1) The Contractor shall keep all insurance in full force and effect from the beginning of the work through contract acceptance. 2) The Contractor shall maintain completed operations coverage with a carrier acceptable to the State through the expiration of the patent deficiency in construction statute of repose set forth in Code of Civil Procedure Section 337.1. b. Workers' Compensation and Employer's Liability Insurance i. In accordance with Labor Code Section 1860, the Contractor shall secure the payment of worker's compensation in accordance with Labor Code Section 3700. ii. In accordance with Labor Code Section 1861, the Contractor shall submit to the Grantee the following certification before performing the work: 1) 1 am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. iii. Contract execution constitutes certification submittal. iv. The Contractor shall provide Employer's Liability Insurance in amounts not less than: 1) $1,000,000 for each accident for bodily injury by accident 2) $1,000,000 policy limit for bodily injury by disease 3) $1,000,000 for each employee for bodily injury by disease V. If there is an exposure of injury to the Contractor's employees under the U.S. Longshoremen's and Harbor Workers' Compensation Act, the Jones Act, or City Council 10 — 33 2/6/2024 DocuSign Envelope ID: 559950F4-C2A7-4C48-AD17-D6B4EF4D5FB6 City of Santa Ana Santa Ana Public Library - Newhope Library Learning Center B F-23-01 1 Page 25 under laws, regulations, or statutes applicable to maritime employees, coverage shall be included for such injuries or claims. c. General Liability Insurance i. The Contractor shall carry General Liability and Umbrella or Excess Liability Insurance covering all operations by or on behalf of the Contractor providing insurance for bodily injury liability and property damage liability for the following limits and including coverage for: A. Premises, operations, and mobile equipment B. Products and completed operations C. Broad form property damage (including completed operations) D. Explosion, collapse, and underground hazards E. Personal injury F. Contractual liability ii. The Contractor shall not require certified Small Business subcontractors to carry Liability Insurance that exceeds the limits in Section (d) (i), "Liability Limits/Additional Insureds," of these specifications. The maximum required Liability Insurance limits in Section (d) (i), "Liability Limits/Additional Insureds," of these specifications shall apply to certified Small Business subcontractors for work performed on the project, regardless of tier. The provisions of Section (d) (i), "Liability Limits/Additional Insureds," shall be included in all subcontracts for all tiers. Public works construction projects, as defined in Labor Code Section 1720 et sea, must meet prevailing wage requirements. California law requires that workers are not paid less than the general prevailing rate of per diem wages on public works projects. d. LIABILITY LIMITS/ADDITIONAL INSUREDS i. The limits of liability shall be at least the amounts shown in the following table: City Council 10 — 34 2/6/2024 DocuSign Envelope ID: 559950F4-C2A7-4C48-AD17-D6B4EF4D5FB6 City of Santa Ana Santa Ana Public Library - Newhope Library Learning Center B F-23-01 1 Page 26 Construction For Each Aggregate for General Umbrella or Contract Occurrence' Products/ Aggregate2 Excess Liability3 Amount 4 Completed Operation <_$1,000,000 $1,000,000 $2,000,000 $2,000,000 $5,000,000 >$1,000,000 <_$15,000,000 $1,000,000 $2,000,000 $2,000;000 $10,000,000 >$15,000,000 <_$25,000,000 $2,000,000 $2,000,000 $4,000,000 $15,000,000 >$25,000,000 $2,000,000 $2,000,000 $4,000,000 $25,000,000 1. Combined single limit for bodily injury and property damage. 2. This limit shall apply separately to the Contractor's work under this contract. 3. The umbrella or excess policy shall contain a clause stating that it takes effect (drops down) in the event the primary limits are impaired or exhausted. 4. "Construction Contract Amount" is the total amount of the construction contract all or a portion of which is funded with Building Forward Grant funds. 7. Delay: Grantee shall promptly notify the State Library in writing of any event causing delay or interruption of the project beyond the scheduled implementation plan timeline. The notice shall specify the work delayed and the cause and period of each delay. 8. Documentation: Grantees shall provide to the State Library photographic documentation of the project site prior to the start of the project, during the project, and upon completion of the project. 9. Grantee's Responsibility: Grantee and its representatives shall: a. Faithfully and expeditiously perform or cause to be performed all project work as described in the application, timeline/activities, and budget submitted by the Grantee. b. Accept and agree to comply with all terms, provisions, conditions, and written commitments of this Agreement, including all incorporated documents, and to fulfill all assurances, declarations, representations, and statements made by Grantee in the application, documents, amendments, and communications filed in relation to the grant funds. c. Comply with all applicable California laws and regulations. d. Implement the project in accordance with applicable provisions of the law. e. Fulfill their obligations under the Agreement and be responsible for the performance and completion of the project. f. Follow all applicable local, state and/or federal laws pertaining to the expenditure of funds. City Council 10 - 35 2/6/2024 DocuSign Envelope ID: 559950F4-C2A7-4C48-AD17-D6B4EF4D5FB6 City of Santa Ana Santa Ana Public Library - Newhope Library Learning Center B F-23-01 1 Page 27 g. Retain any bid, contracts, and any other pertinent documentation. Likewise, all local, state, and federal permits required for construction projects must be acquired by the grantee and retained for a period of five (5) years after the end of the grant period. 10. Inspection of the Project: The State Library shall have the right to inspect the project during the grant term. Grantee shall deliver to the State Library any inspection reports prepared, to the extent available to the Grantee. Inspection of the project shall be for the sole purpose of protecting the State of California's interest and is not to be construed as a representation by the State Library that there has been compliance with plans or that the project will be free of faulty materials or workmanship. The Grantee can make or cause to be made such other independent inspections as the Grantee may desire for its own protection. 11. Interest: Any interest earned on grant funds held by the Grantee shall be contributed to the Santa Ana Public Library - Newhope Library Learning Center project. Interest funds cannot be used as local matching funds. 12. Maintenance and Operation: The Grantee is responsible for ensuring that grant projects funded by the State of California are maintained and operated in the same condition as when the project was completed; normal wear and tear is accepted. Maintenance and operations standards should be adopted upon completion of the project. 13. Matching Funds: Per the Budget Act of 2021 (Chapter 69, Statutes of 2021, Item 6120-161-0001 1 d) Grantees shall be required to match state funds on a dollar -for - dollar basis. The State Library may reduce the amount of required matching funds if the requesting local library jurisdiction can demonstrate that it is eligible and financially unable to provide the required matching funds. Upon receipt and assessment of a reduction request, the State Library may lower the match requirement, as follows: a. For each library with local operating include per capita (LIPC) of more than $40, no reduction in local match is allowed. b. For reach library with an LIPC between $40 and $15.01, the local match maybe reduced by half. c. For each library with an LIPC of $15 of less, the local match maybe eliminated. 14. Permits, Licenses, Approvals, and Legal Obligations: Grantee shall be responsible for obtaining any and all permits, licenses, and approvals required for performing any work under this Grant Agreement, including those necessary to perform design, construction, or operation and maintenance of the Project(s). Grantee shall be responsible for observing and complying with any applicable federal, state, and local laws, rules or regulations affecting any such work, specifically those including, but not limited to, environmental, procurement, and safety laws, rules, regulations, City Council 10 - 36 2/6/2024 DocuSign Envelope ID: 559950F4-C2A7-4C48-AD17-D6B4EF4D5FB6 City of Santa Ana Santa Ana Public Library - Newhope Library Learning Center B F-23-01 1 Page 28 and ordinances. Grantee shall be prepared to provide copies of permits and approvals to the State Library should the State Library request copies. 15. Relationship of Parties: If applicable, Grantee is solely responsible for design, construction, and operation and maintenance of projects within the project application and implementation plan. Review or approval of plans, specifications, bid documents, or other construction documents by State is solely for the purpose of proper administration of funds by State and shall not be deemed to relieve or restrict responsibilities of Grantee under this Grant Agreement. 16. Use of Funds: Grantee agrees that the grant funds shall be expended only in accordance with the applicable statutes and Grant Guidelines governing the Program, and only for the purposes and activities set forth in this Agreement and the Grantee's approved outputs, budget, and implementation plan completed as part of the award packet documentation. The grant funds shall be used exclusively for the payment of, or reimbursement for, approved costs as shown in the project budget completed as part of the award packet documentation or the amended budget as approved in writing by the State Library. Such payment of costs to be made only after the costs have been incurred by the Grantee. "Approved Costs" shall mean all hard and soft eligible costs under the project (and modifications thereto), which were approved, or will be approved by the State Library, which are needed for the completion of the project, in accordance with application. 17. Use of Site: The facility, or the part thereof, acquired, constructed, or remodeled, upgraded, or rehabilitated with funds received as part of the Building Forward grant program will be dedicated to public library service and used as a public library according to the Education Code, sections 18010 through 20092 and California Code of Regulations, Title 5, Division 2 and provide at least the following: an organized collection of printed or other library materials, or a combination thereof; paid staff; and regularly scheduled hours for being open to the public for a period of not less than 10 years following completion of the grant period. 18. Leases: Leases involving the facility, or the part thereof, acquired, constructed, or remodeled, upgraded, or rehabilitated with funds received as part of the Building Forward grant program will need to maintain a lease in place for a period of not less than 10 years following completion of the grant period. Leases (including any ground leases) will require approval from the State Library prior to award and any changes to the lease(s) during the term of the grant period must distributed to the grantee's grant monitor for approval. 19. Withdrawal of a Project: If it is determined by the grant recipient that a project cannot be completed within the scope of the approved application, the project may be withdrawn by the Grantee prior to the completion of fifty percent of the project. Upon withdrawal of a project, all unspent funding must be returned to the City Council 10 — 37 2/6/2024 DocuSign Envelope ID: 559950F4-C2A7-4C48-AD17-D6B4EF4D5FB6 City of Santa Ana Santa Ana Public Library - Newhope Library Learning Center B F-23-01 1 Page 29 State Library along with a completed detailed expenditure form showing how any unreturned funds were spent. City Council 10 — 38 2/6/2024 DocuSign Envelope ID: 559950F4-C2A7-4C48-AD17-D6B4EF4D5FB6 City of Santa Ana Santa Ana Public Library - Newhope Library Learning Center B F-23-01 1 Page 30 _*ICALIFORNIA RSTATE LIBRARY EXHIBIT C: CERTIFICATION OF COMPLIANCE FORM 1. AUTHORIZED REPRESENTATIVE: I certify that the authorized representative named below is the legally designated representative of the Grantee for this Grant Agreement and project and is authorized to receive and expend funds in order to administer this grant -funded project. I certify that all information provided to the California State Library for review in association with this award is correct and complete to the best of my knowledge, and as the authorized representative of the Grantee, I commit to the conditions of this award, and I have the legal authority to do so. I certify that any or all other participants or contractors in the grant -funded project have agreed to the terms of the Award Agreement and have entered into an agreement(s) concerning the final disposition of equipment, facilities, and materials purchased for this project from the funds awarded for the activities and services described in the attached award packet, as approved and/or as amended by the California State Librarian. I certify that I have reviewed and understand the list of unallowable costs and that my project does not contain any of the unallowable costs listed. The authorized representative, on behalf of the Grantee, certifies that the Grantee will comply with all applicable requirements of State and Federal laws, regulations, and policies governing this project, to include the requirements listed below in this Certification of Compliance Form. 2. The authorized representative, on behalf of the Grantee, hereby certifies to the California State Library, for an award of funds in the amount $1,086,754. This award will fund library facility improvements as set forth in the list of approved outcomes, Implementation Plan and Budget as approved and/or as amended by the California State Librarian. 3. The authorized representative, on behalf of the Grantee, hereby certifies that the City of Santa Ana will provide a cash match in the amount of $271,688. The matching funds (if applicable) will be expended during the grant period at the same rate as the state -provided grant funds. City Council 10 — 39 2/6/2024 DocuSign Envelope ID: 559950F4-C2A7-4C48-AD17-D6B4EF4D5FB6 City of Santa Ana Santa Ana Public Library - Newhope Library Learning Center B F-23-01 1 Page 31 4. The authorized representative, on behalf of the Grantee, hereby certifies that the project property, or a part thereof, will be dedicated to public library services and used as a public library according to the Education Code, sections 18010 through 20092 and California Code of Regulations, Title 5, Division 2 and provide at least the following: an organized collection of printed or other library materials, or a combination thereof; paid staff; and regularly scheduled hours for being open to the public for a period of not less than 10 years following completion of the grant period. 5. STATEMENT OF COMPLIANCE: Grantee has, unless exempted, complied with the non-discrimination program requirements under the Fair Employment and Housing Act (Gov. Code § 12900 et seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, § 11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§ 1 1135-11 139.5), and the regulations or standards adopted by the State Library to implement such article. 6. DRUG -FREE WORKPLACE REQUIREMENTS: Grantee will comply with the requirements of the Drug -Free Workplace Act of 1990 and will provide a drug -free workplace by taking the following actions: a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations. b. Establish a Drug -Free Awareness Program to inform employees about: 1) the dangers of drug abuse in the workplace; 2) the person's or organization's policy of maintaining a drug -free workplace; 3) any available counseling, rehabilitation and employee assistance programs; and, 4) penalties that may be imposed upon employees for drug abuse violations. c. Every employee who works on the proposed Agreement will: 1) receive a copy of the company's drug -free workplace policy statement; and, 2) agree to abide by the terms of the company's statement as a condition of employment on the Agreement. Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and Grantee may be ineligible for award of any future State agreements if the department determines that any of the following has occurred: the Grantee has made false certification or violated the certification by failing to carry out the requirements as noted above. (Gov. Code § 8350 et. seq.) 7. CONFLICT OF INTEREST: Grantee needs to be aware of the following provisions regarding current or former state employees. If Grantee has any questions on the City Council 10 — 40 2/6/2024 DocuSign Envelope ID: 559950F4-C2A7-4C48-AD17-D6B4EF4D5FB6 City of Santa Ana Santa Ana Public Library - Newhope Library Learning Center B F-23-01 1 Page 32 status of any person rendering services or involved with the Agreement, the California State Library must be contacted immediately for clarification. Current State Employees (Pub. Contract Code § 10410): a. No officer or employee shall engage in any employment, activity or enterprise from which the officer or employee receives compensation or has a financial interest, and which is sponsored or funded by any state agency, unless the employment, activity or enterprise is required as a condition of regular state employment. b. No officer or employee shall contract on his or her own behalf as an independent contractor with any state agency to provide goods or services. Former State Employees (Pub. Contract Code § 10411): a. For the two-year period from the date he or she left state employment, no former state officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision -making process relevant to the contract while employed in any capacity by any state agency. b. For the twelve-month period from the date he or she left state employment, no former state officer or employee may enter into a contract with any state agency if he or she was employed by that state agency in a policy -making position in the same general subject area as the proposed contract within the 12-month period prior to his or her leaving state service. If Grantee violates any provisions of above paragraphs, such action by Grantee shall render this Agreement void. (Pub. Contract Code § 10420). Members of boards and commissions are exempt from this section if they do not receive payment other than payment of each meeting of the board or commission, payment for preparatory time and payment for per diem. (Pub. Contract Code § 10430 (e)). 8. LABOR CODE/WORKERS' COMPENSATION: Grantee needs to be aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions, and Grantee affirms to comply with such provisions before commencing the performance of the work of this Agreement. (Labor Code § 3700). 9. AMERICANS WITH DISABILITIES ACT: Grantee assures the State that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et. seq.) 10. RESOLUTION: A county, city, district, or other local public body must provide the California State Library with a copy of a resolution, order, motion, or ordinance of City Council 10 — 41 2/6/2024 DocuSign Envelope ID: 559950F4-C2A7-4C48-AD17-D6B4EF4D5FB6 City of Santa Ana Santa Ana Public Library - Newhope Library Learning Center B F-23-01 1 Page 33 the local governing body which by law has authority to enter into an agreement, authorizing execution of the agreement. 11. PAYEE DATA RECORD FORM STD. 204: This form must be completed by all Grantees that are not another state agency or other governmental entity. 12. CONTACT INFORMATION: Grantee will provide the State Library with requested project contacts and immediately inform their grant monitor of changes or updates to project contacts. 13. DRUG FREE WORKPLACE: a. Continue to provide a drug -free workplace by complying with the requirements in 2 C.F.R. part 3186 (Requirements for Drug -Free Workplace (Financial Assistance)). In particular, the recipient must comply with drug- free workplace requirements in subpart B of 2 C.F.R. part 3186, which adopts the Government - wide implementation (2 C.F.R. part 182) of sections 5152-5158 of the Drug -Free Workplace Act of 1988 (P. L. 100-690, Title V, Subtitle D; 41 U.S.C. §§ 701-707). b. This includes but is not limited to: making a good faith effort, on a continuing basis, to maintain a drug -free workplace; publishing a drug -free workplace statement; establishing a drug -free awareness program for the employees; taking actions concerning employees who are convicted of violating drug statutes in the workplace. 14. ACCESSIBILITY: The organization receiving this award, as listed in the certification section below, and all project staff, will ensure all project materials will meet California accessibility standards. 15. NON-DISCRIMINATION: The organization receiving this award, as listed in the certification section below, and all project staff, agree to comply with all California non-discrimination laws. 16. ACKNOWLEDGEMENT: The organization receiving this award, as listed in the certification section below, and all project staff, agree to comply with State Library acknowledgement requirements. City Council 10 — 42 2/6/2024 DocuSign Envelope ID: 559950F4-C2A7-4C48-AD17-D6B4EF4D5FB6 City of Santa Ana Santa Ana Public Library - Newhope Library Learning Center B F-23-01 1 Page 34 Certification ORGANIZATION Name: Address (official and complete): Santa Ana Public Library 26 Civic Center Plaza, Santa Ana, CA 92701 PROJECT COORDINATOR Name: Maria Castro Email: mcastro5@santa-ana.org Phone: 714-647-5269 GRANTEE AUTHORIZED REPRESENTATIVE Name: Brian Sternberg Title: Library Services Director Email: BSternberg@santa-ana.org Phone: 714-647-5296 Signature: DOCUSigneaby: Date: 1/3/2024 EVtA sknt�t, o 04ASA022AOBE4F3... City Council 10 — 43 2/6/2024 DocuSign Envelope ID: 559950F4-C2A7-4C48-AD17-D6B4EF4D5FB6 City of Santa Ana Santa Ana Public Library - Newhope Library Learning Center B F-23-01 1 Page 35 Authorized Representative Signature ORGANIZATION Name: Address (official and complete): Santa Ana Public Library 26 Civic Center Plaza, Santa Ana, CA 92701 AUTHROIZED REPRESENTATIVE Signature: D... signedby: Date: 1/3/2024 Ef04A5A022A0BE4F3..�. s W' Printed Name of Person Signing: Title: Library Services Director Brian Sternberg STATE OF CALIFORNIA Agency Name: California State Library Address: 900 N Street, Sacramento, CA 95814 Signature: Docus;gned by. Date: 1/3/2024 �"s EBDA50981C41C416 Printed Name of Person Signing: Title: California State Librarian Greg Lucas City Council 10 — 44 2/6/2024 DocuSign Envelope ID: 559950F4-C2A7-4C48-AD17-D6B4EF4D5FB6 City of Santa Ana Santa Ana Public Library - Newhope Library Learning Center B F-23-01 1 Page 36 CALIFORNIA II STATE LIBRARY EXHIBIT D: STATE REIMBURSABLE TRAVEL EXPENSES Rates are subject to change per State of California, Department of Human Resources Please Check State of California, Department of Human Resources Website for updated expenses: http://www.calhr.ca.gov/employees/pages/travel-reimbursements.aspx Mileage: $0.585 per mile - approved business/travel expense Rate subject to change Meals: $7.00 - Breakfast Receipts are required $1 1.00 - Lunch $23.00 - Dinner $5.00 - Incidentals Meals Note: Lunch can only be claimed if travel is more than 24 hours. Incidental charge may be claimed once for every 24-hour period and should cover incidental expenses, such as but not limited to, tip, baggage handling, etc. Hotel: $ 90.00 plus tax for all counties/cities not listed below Receipts are required $ 95.00 plus tax for Napa, Riverside, and Sacramento and MUST have a zero Counties balance. $ 110.00 plus tax for Marin County $ 120.00 plus tax for Los Angeles, Orange, and Ventura Counties, and Edwards AFB. Excluding the city of Santa Monica $ 125.00 plus tax for Monterey and San Diego Counties $ 140.00 plus tax for Alameda, San Mateo and Santa Clara Counties $ 150.00 plus tax for the City of Santa Monica $ 250.00 plus tax for San Francisco County Out of State: Prior authorization must be obtained, as well as three print-out hotel quotes. Actual receipt must be included with authorization and additional quotes. Hotel Note: If the above approved reimbursable hotel rates cannot be secured, please contact your grant monitor to obtain an excess lodging form. This form must be approved prior to actual travel. City Council 10 - 45 2/6/2024 DocuSign Envelope ID: 559950F4-C2A7-4C48-AD17-D6B4EF4D5FB6 City of Santa Ana Santa Ana Public Library - Newhope Library Learning Center B F-23-01 1 Page 37 AIRLINE TICKETS: Actual reasonable fees pertaining to airline travel will be Itinerary and receipts are reimbursed. Business, First Class, or Early Bird Check -in fee required is not an approved reimbursable expense. City Council 10 - 46 2/6/2024 DocuSign Envelope ID: 559950F4-C2A7-4C48-AD17-D6B4EF4D5FB6 4CALIFORNIA STATE LIBRARY November 1, 2022 RE: Contractor and Grantee Compliance with Economic Sanctions Imposed in Response to Russia's Actions in Ukraine Dear Grantee, You are receiving this notification because you currently have an active grant through the California State Library. On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (EO) regarding sanctions in response to Russian aggression in Ukraine. The EO is located at https://www.gov.ca.gov/wp-content/uploads/2022/03/3.4.22-Russia-Ukraine-Executive- Order.pdf. The EO directs all agencies and departments that are subject to the Governor's authority to take certain immediate steps, including notifying all contractors and grantees of their obligations to comply with existing economic sanctions imposed by the U.S. government in response to Russia's actions in Ukraine, as well as any sanctions imposed under state law. This correspondence serves as a notice under the EO that as a contractor or grantee, compliance with the economic sanctions imposed in response to Russia's actions in Ukraine is required, including with respect to, but not limited to, the federal executive orders identified in the EO and the sanctions identified on the U.S. Department of the Treasury website (httips://home.treasury.gov/loolicy-issues/financial-sanctions/sanctions- programs-and-country-information/ukraine-russia-related-sanctions). Failure to comply may result in the termination of contracts or grants, as applicable. Please note that for any agreements or grants valued at $5 million or more, a separate notification will be sent outlining additional requirements specified under the EO. Annly Roman Grants and Bureau Operations Manager California State Library 900 N Street Sacramento, CA 95814 City Council 10 — 47 2/6/2024 DocuSign Envelope ID: 559950F4-C2A7-4C48-AD17-D6B4EF4D5FB6 ON 00 STATE LIBRARY INFRASTRUCTURE — BUILDING FORWARD FINANCIAL CLAIM 15t PAYMENT Grant Award #: BF-23-011 Date: 1/3/2024 Invoice #: BF-23-011-01 PO #: 6948 Payee Name: City of Santa Ana (Legal name of authorized agency to receive, disburse and account for funds) Complete Address: 26 civic center Plaza, Santa Ana, CA 92701 Street Address, City, State, Zip Code (Warrant will be mailed to this address) Amount Claimed: $5439377.00 Type of Payment: (Payable Upon Execution of Agreement) ❑x PROGRESS Grantee Name: City of Santa Ana ❑ FINAL (Name on Award Letter and Agreement) ❑ IN FULL Project Title: Newhope Library Renovation Project ❑ AUGMENT For Period From: upon execution to end of grant period CERTIFICATION I hereby certify under penalty of perjury: that I am the duly authorized representative of the claimant herein; that this claim is in all respects true, correct and in accordance with law and the terms of the agreement; and that payment has not previously been received for the amount claimed herein. BY [DocuSigned by: eaun S{wln tir v� 04A5A022AOBE4F3._. (Signature of the Authorized Representative) Brian Sternberg Library Services Director (Print Name) (Title) "Legal payee name must match the payee's federal tax return. Warrant will be made payable to payee name. Payee discrepancies in name and/or address may cause delay in payment. If you need to change payee name and/or address, please contact Fiscal Services at stategrants.fiscal(@library.ca.gov. State of California, State Library Fiscal Office ENY: 2023 PURCHASING AUTHORITY NUMBER: CSL-6120 COA: 5432000 FAIN: N/A by: By [DocuSigned t st In,ia Uc 77928E5969EF401... (State Library Representative) ITEM NO: 6120-1613-0001, Chapter 12, Statutes of 2023 REPORTING STRUCTURE: 61202000 PROGRAM #: 5312 Date 1/4/2024 City Council 10 — 48 2/6/2024 DocuSign Envelope ID: 559950F4-C2A7-4C48-AD17-D6B4EF4D5FB6 btate of L;aiitornia Financial Information System for California (FI$Cal) ��I$Cai GOVERNMENT AGENCY TAXPAYER ID FORM 2000 Evergreen Street, Suite 215 Frnacia! Information System for California Sacramento, CA 95815 www.fiscal.ca.gov 1-855-347-2250 The principal purpose of the information provided is to establish the unique identification of the government entity. Instructions: You may submit one form for the principal government agency and all subsidiaries sharing the same TIN. Subsidiaries with a different TIN must submit a separate form. Fields bordered in red are required. Hover over fields to view help information. Please print the form to sign prior to submittal. You may email the form to: vendors@fiscal.ca.gov, or fax it to (916) 576-5200, or mail it to the address above. Principal Government Agency Name Remit -To Address (Street or PO Box) City Santa Ana 20 Civic Center Plaza Santa Ana State CA Government Type: x❑ City ❑ County Special District ❑ Federal Other (Specify) Zip Code+4 92701-4010 Federal 956000-785 Employer Identification Number (FEIN) List other subsidiary Departments, Divisions or Units under your principal agency's jurisdiction who share the same FEIN and receives payment from the State of California. Dept/Division/Unit Santa Ana Public Library Complete 26 Civic Center Plaza, Santa Ana, CA 92701 Name Address Dept/Division/Unit Complete Name Address Dept/Division/Unit Complete Name Address Dept/Division/Unit Complete Name Address Contact Person F Title Phone number E-mail address Signature `9e Y: 04A5A022AME4F3.. Date 1/3/2024 City Council 10 — 49 2/6/2024 Public Works Agency www.santa-ana.org/public-works Item # 11 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report February 6, 2024 TOPIC: SR-55/Ritchey Street Water Improvements AGENDA TITLE Approve Appropriation Adjustment in the Amount of $1,150,000 and Additional Contingency Funds in the Amount of $1,100,000 for an Existing Construction Contract with James W. Fowler Co., and Additional Contract Administration, Inspection, and Testing in the Amount of $50,000 with an Estimated Project Delivery Cost of $8,400,000 for the SR-55/Ritchey Street Water Improvements Projects (Project Nos.19-6438, 19- 6439, 19-6440) (Non -General Fund) RECOMMENDED ACTION 1. Approve an appropriation adjustment to recognize $1,150,000 in reimbursement obligation funds from Orange County Transportation Authority (OCTA), as stipulated in the three Utility Reimbursement Agreements for the State Route 55 Improvement Project, into the Acquisition & Construction, Water Utility Capital Projects, Expense Reimbursement-OCTA revenue account and appropriate the same amount into the Acquisition & Construction, Water Utility Capital Projects, Water Capital Project expenditure account. (Requires five affirmative votes) 2. Approve an amendment to the Project Cost Analysis in the amount of $1,150,000 for $1,100,000 in additional contingency funds and $50,000 in additional contract administration, inspection, and testing for a new estimated total construction delivery cost of $8,400,000. GOVERNMENT CODE §84308 APPLIES: Yes DISCUSSION The Orange County Transportation Authority (OCTA) is the lead agency for the State Route 55 (SR-55) freeway widening project from Interstate 405 (1-405) to Interstate 5 (1- 5). As a result of the freeway widening, various utility relocations will be needed along the corridor, including existing City water infrastructure consisting of a water main on Ritchey Street, two water mains crossing the SR-55 freeway, and a pressure regulating station adjacent to the SR-55 freeway near Warner Avenue (Exhibit 1). On December 21, 2021, the City Council authorized the award of a construction contract to James W. Fowler Co. for various utility relocations as a result of the SR-55 freeway widening. The project is currently under construction and additional City Council 11 — 1 2/6/2024 SR-55/Ritchey Street Water Improvements February 6, 2024 Page 2 improvements have been identified that surpass the existing contingency of $997,975. To capitalize on the favorable pricing of the existing contract with James W. Fowler Co., staff recommends increasing the project contingency by $1,100,000 and the contract administration, inspection, and testing funds by $50,000 to complete the utility relocation project. The recommended action will increase the project contingency and contract administration, inspection, and testing by $1,150,000, thereby increasing the total estimated construction delivery cost to $8,400,000, as indicated in the Cost Analysis (Exhibit 2) and as summarized in the table below: Project Item Current Additional New Total Total Funding Construction Contract Bid Amount $5,922,025 $5,922,025 Construction Administration, Inspection, $180,000 $50,000 $230,000 Testing Contingencies $997,975 $1,100,000 $2,097,975 Water Engineering $150,000 $150,000 TOTAL ESTIMATED CONSTRUCTION $7,250,000 $1,150,000 $8,400,000 DELIVERY COST FISCAL IMPACT Approval of the requested Appropriation Adjustments will recognize $1,150,000 in reimbursement obligation funds from OCTA, as outlined in the Cooperative Agreement No. C-0-2201 and three Utility Reimbursement Agreements for the State Route 55 Improvement Project, into the Acquisition & Construction, Water Utility Capital Projects, Expense Reimbursement-OCTA revenue account (No. 06617647-57004) and appropriate the same amount into the Acquisition & Construction, Water Utility Capital Projects, Water Capital Project expenditure account (No. 06617647-66301). All funds expended for the water relocation project costs will be reimbursed by the Orange County Transportation Authority (OCTA). As discussed at various project/funding coordination meetings between City and OCTA staff, the three Utility Reimbursement Agreements will be revised at the end of the project to account for all expenses incurred by the City, after all final costs have been identified. Funds will be budgeted and available for expenditure in Account No. 06617647-66301 in the following water relocation projects: $543,220 for Project No. 19-6439, and $606,780 for Project No. 19-6440. The following table summarizes the funds budgeted and available in current FY 2023-24 for expenditure to deliver construction of this project. Any remaining balances not City Council 11 —2 2/6/2024 SR-55/Ritchey Street Water Improvements February 6, 2024 Page 3 expended at the end of the fiscal year will be presented to the City Council for approval of carryovers to FY 2024-25. Fiscal Accounting Unit — Fund Accounting Unit — Year Account No. Description Account No. Amount Description Existing Pro'ect Budget 2023-24 06617647-66301 Acquisition & Water Utility Capital Projects, Water $2,520,000 (19-6438) Construction Capital Project 2023-24 06617647-66301 Acquisition & Water Utility Capital Projects, Water $2,530,000 (19-6439) Construction Capital Project 2023-24 06617647-66301 Acquisition & Water Utility Capital Projects, Water $2,200,000 (19-6440) Construction Capital Project Additional Funding Acquisition & Water Utility Capital 2023-24 06617647-66301 Construction Projects, Water $1,150,000 Capital Project TOTAL: $8,400,000 EXHIBIT(S) 1. Location Map 2. Revised Cost Analysis Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency Approved By: Tom Hatch, Interim City Manager City Council 11 — 3 2/6/2024 SANTAANA Project Nos. 19-6438, 19-6439, 19-6440: i Ritchey Street Water Main, SA-7 Pressure ua Regulating Station, & SR-55 Water Main Crossing PUBLIC WORKS AGENCY City Council 11 — 4 2/6/2024 EXHIBIT 2 REVISED COST ANALYSIS CONSTRUCTION PROJECT NO. 19-6438, 19-6439, 19-6440: SR-55/Ritchey Water Main Improvements Construction Contract $ 5,922,025 Contract Administration, Inspection and Testing $ 230,000 Water Engineering $ 150,000 Contingencies $ 2,097,975 TOTAL ESTIMATED CONSTRUCTION COSTS $ 8,400,000 City Council 11 — 5 2/6/2024 Public Works Agency www.santa-ana.org/public-works Item # 12 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report February 6, 2024 TOPIC: SARTC Beautification Projects AGENDA TITLE Approve an Appropriation Adjustment for the Santa Ana Regional Transportation Center Transit Beautification Projects RECOMMENDED ACTION Approve an appropriation adjustment to recognize $1,975,000 in Clean California Local Grant Program funding from the California Department of Transportation for the Santa Ana Regional Transportation Center Painting and Wrought Iron Fencing project and the Santa Ana Regional Transportation Center Outdoor Water Fountain Renovation project (Requires five affirmative votes) GOVERNMENT CODE §84308 APPLIES No DISCUSSION In September 1985, the Santa Ana Regional Transportation Center (SARTC) was opened and quickly became a major transportation hub in Orange County. Located at 1000 E Santa Ana Blvd., Santa Ana, CA 92701, SARTC serves as a hub for various transportation services, including Amtrak intercity rail service, Metrolink commuter rail service, and several local and regional bus services (i.e. Orange County Transportation Authority (OCTA), Greyhound, and other bus services). The Spanish and Mediterranean Revival architectural style of SARTC features ceramic red barrel roof tiles, stucco -style walls, and extensive use of painted tiles for decoration. Many features are original to the facility. The Public Works Agency (PWA)'s, Parks, Fleet, and Facilities Services Division submitted two successful grant applications for funding to the California Department of Transportation (Caltrans) Clean California Local Grant Program to revitalize the SARTC. On December 5, 2023, the City Council adopted Resolution 2023-090 and 2023-091, which authorized the Executive Director of the Public Works Agency to execute agreements with Caltrans for the following two projects: • SARTC Painting and Wrought Iron Fencing Project The existing exterior paint of the SARTC has faded and chipped, leaving the facility looking neglected and outdated. The existing dilapidated wrought iron fence is also worn out and has significant rust that requires removal and/or City Council 12 — 1 2/6/2024 SARTC Beautification Projects February 6, 2023 Page 2 replacement. The proposed project to repaint the exterior of the SARTC and repair the wrought iron fencing aims to provide an appealing and pleasing commuting environment for the community and overall region. This entails the removal of existing wrought iron fencing and installation of new perimeter fencing. SARTC Outdoor Water Fountain Renovation Project As the main decorative art installation of the SARTC's entrance, the outdoor water fountain intends to enhance the commuter experience by providing an aesthetically pleasing and tranquil environment. The water fountain has been inoperable for over 5 years, is chipping in many locations, has algae build-up, and does not have running water or power. After careful inspection and consideration, staff concluded that the water fountain, including everything that fed into or out of the fountain, needs replacement. The design includes removing the existing outdoor water fountain and replacing it with a new fountain, including plumbing, pump, and electrical components. Both projects are anticipated to be completed by December 31, 2024. To ensure the timely delivery of these projects, staff recommends approving the appropriation adjustments recognizing the grant funding. FISCAL IMPACT Approval of the requested Appropriation Adjustments will recognize California Department of Transportation, Clean California Local Grant Program grant funds totaling $1,975,000 into the PWA-SARTC Operations, State Grant -Direct revenue account (No. 06717002-52025), and appropriate $1,475,000 into the PWA-SARTC Operations, Buildings & Building Improvements expenditure account (No. 06717650- 66200) and $500,000 into the PWA-SARTC Operations, Improvements Other Than Buildings expenditure account (No. 06717650-66220). The following table summarizes the funds budgeted in FY 2023-24 and available for expenditure to deliver these projects. Fiscal Accounting Fund Accounting Unit, Year Unit - Description Account No. Amount Account No. Description Appropriation Adjustment 06717650- Regional PWA-SARTC 2023-24 66200 Transp Center Operations, Buildings & $1,475,000 Building Improvements 2023-24 06717650- Regional PWA-SARTC $500,000 66220 Transp Center Operations, City Council 12 — 2 2/6/2024 SARTC Beautification Projects February 6, 2023 Page 3 Fiscal Accounting Fund Accounting Unit, Year Unit - Description Account No. Amount Account No. Description Improvements Other Than Buildings TOTAL 1 $1,975,000 EXHIBIT(S) 1. Caltrans Agreement — SARTC Painting and Wrought Iron Fencing 2. Caltrans Agreement — SARTC Outdoor Water Fountain Renovation Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency Approved By: Tom Hatch, Interim City Manager City Council 12 — 3 2/6/2024 City of Santa Ana Public Works Agency Agreement Number 12-TRANSIT-16 AMS ADV ID: 1224000030 Page 1 of 19 Clean California local Grant Program (State) Restricted Grant Agreement This Restricted Grant Agreement (RGA), between the State of California acting by and through its Department of Transportation, referred to herein as CALTRANS, and the CITY OF SANTA ANA PUBLIC WORKS AGENCY, hereinafter referred to as AGENCY, will commence on September 1, 2023, or upon a2proval by CALTRANS, whichever occurs later. This RGA is of no effect unless approved by CALTRANS. AGENCY shall not receive payment for work performed prior to approval of this RGA and before receipt of Notice to Proceed from CALTRANS. This RGA shall expire on June 30, 2025. Recitals 1, Under this RGA, CALTRANS intends to convey State restricted grant funds to AGENCY, pursuant to Budget Act Line Item 2660-130-0001, who will implement the project pursuant to the attached Approved Grant Application and Amendment(s) to Grant Application, Attachment III under the terms, covenants, and conditions of this RGA. 2, CALTRANS and AGENCY intend that only funds that are authorized as restricted grants will be subject to this RGA, and that no funds that should be the subject of a Joint Powers Agreement, Interagency Agreement, or other non -grant agreement shall be subject to this RGA. 3. WHEREAS, the Clean CA Program, through its Clean CA Local Grants Program, is authorized under California Streets and Highways Code Section 91.41 to provide funding and resources to support local projects that advance the program's goals and objectives; 4. WHEREAS, California Streets and Highways Code Section 91.41 provides the legislative authority for the Clean CA Program to advance the following intent and objectives: a. Reduce Waste and Beautify Public Spaces: The primary goal of the program is to allocate grants to local and regional public agencies, transit agencies, and tribal governments to reduce waste and debris within public rights -of -way, tribal lands, parks, pathways, transit centers, and other public spaces. The program aims to enhance, rehabilitate, restore, or install measures to beautify and improve these public spaces, b. Improve Public Health and Community Placemaking: The program seeks to enhance public health, cultural connection, and community placemaking by improving public spaces for walking and recreation. By investing in the improvement of these spaces, it aims to create a positive and welcoming environment for the community. c. Promote Equity for Underserved Communities: The program places a strong emphasis on advancing equity for underserved communities. d. Support Sustainable Practices: The program encourages the implementation of sustainable practices in the beautification and enhancement of public spaces. This includes greening efforts, such as providing shade and reducing the urban heat island effect, as well as using native, low-water plants. e. Engage Local Communities: The program promotes community engagement by requiring project proposals to reflect community priorities. It encourages the involvement of local communities in the development and selection of projects to ensure they meet the needs and preferences of the affected population. f. Prohibit Displacement of Persons Experiencing Homelessness: The program prohibits City Council 12 — 4 2/6/2024 City of Santa Ana Public Works Agency Agreement Number 12-TRANSIT-16 AMS ADV ID: 1224000030 Page 2 of 19 grants from funding projects that displace persons experiencing homelessness. This reflects the intention to address public space improvements without negatively impacting vulnerable populations. g. Transparent and Efficient Grant Allocation: The program requires the program to issue a call for projects and announce grant awards. The guidelines for allocating grants must include project selection criteria and program evaluation metrics. 5. WHEREAS, the purpose of this RGA is to authorize Caltrans districts to enter into agreements with local agencies to support the development, implementation, and funding of transit partnership projects that align with the goals and priorities of the Clean CA Program and comply with California Streets and Highways Code Section 91.41; 6. WHEREAS, this RGA establishes a framework for Caltrans districts to provide financial contributions and other assistance to local agencies, fostering effective collaboration and coordination to deliver successful transit partnership projects; 7. WHEREAS, this RGA emphasizes transparency, objective evaluation, and fair allocation of resources, ensuring that projects scoring higher based on established criteria receive prioritization for funding and implementation; 8. WHEREAS, the Clean CA Program facilitates collaboration between Caltrans districts and local agencies to develop and implement transit partnership projects on local right-of-way to address transit demand, usage, and ridership in a strategic and impactful manner that align with the goals and priorities of the Clean CA Program and comply with California Streets and Highways Code Section 91.41; 9. WHEREAS, the Clean CA Program, in partnership with Caltrans districts, seeks to enhance local right-of-way areas to address transit needs, waste management challenges, graffiti mitigation, and aesthetic enhancement, thereby contributing to a positive and enjoyable transit experience for the community 10. WHEREAS, the Clean CA Program, established by the State of California, is a transformative initiative which promotes sustainable transportation alternatives, reducing greenhouse gas emissions, and combatting climate change to improve the overall quality of life for residents and visitors of California; 11. WHEREAS, the Clean CA Program envisions a comprehensive approach to address transportation challenges, enhance transit infrastructure, and support local agencies in their efforts to create efficient, safe, and environmentally friendly transit options; 12. NOW, THEREFORE, in consideration of the premises and mutual covenants herein contained, the Parties enter into this Contribution Agreement to advance the purpose and intent of the Clean CA transit initiative, harnessing the legislative authority provided under California Streets and Highways Code Section 91.41, and collaborating on transit partnership projects that contribute to a sustainable, innovative, and well-connected transportation network throughout the State of California. Now, Therefore, based upon the terms, covenants, and conditions of this RGA, the parties agree as follows: Section I AGENCY Agrees: To timely and satisfactorily complete all Project work described in Attachment ill ("Project Work") City Council 12 — 5 2/6/2024 City of Santa Ana Public Works Agency Agreement Number 12-TRANSIT-16 AMS ADV ID: 1224000030 Page 3of19 within the project budget and in accordance with the items of this RGA. Section II CALTRANS Agrees: That when conducting an audit of the costs claimed by AGENCY under the provisions of this RGA, to conduct the audit in accordance with applicable laws and regulations. Section III It Is Mutually Agreed: 1. Under this RGA, CALTRANS will convey State grant restricted funds to AGENCY, pursuant to Budget Act Line Item 2660-130-0001, and AGENCY will use the funds to only conduct the scope of work identified in this agreement and authorized by Streets and Highway Code section 91.41 The funds subject to this RGA must be identified as available to a public entity that is responsible for implementing the scope of work authorized under the Clean California Program in CALTRANS' budget, and AGENCY represents and warrants that it is a public entity that is responsible for implementing the scope of work authorized under the Clean California Program. 2. Under this restricted grant, funds may be only used for the purposes set forth in this RGA, AGENCY Resolution (Attachment IV), Approved Grant Application and Amendment(s) to Grant Application (Attachment 111), and the Grant Program Guidelines (Attachment 1), and the funds may only be used for costs and expenses that are directly related to such purpose. 3. AGENCY shall perform all the duties and obligations described in SARTC Painting and Wrought Iron Fencing, hereinafter "Project", subject to the terms and conditions of this RGA and Approved Grant Application and Amendment(s) to Grant Application (Attachment III), which are attached hereto as Attachment 111. 4. The resolution authorizing AGENCY to execute this RGA pertaining to the above -described Project is attached hereto as Attachment 1V. 5. All services performed by AGENCY pursuant to this RGA shall be subject to and performed in accordance with California Streets and Highways Code §91.41 including, but not limited to, Government Code Section 14460(a)(1), as well as all applicable Federal, State, and Local laws, regulations, and ordinances, all applicable CALTRANS policies and procedures, and all applicable CALTRANS published manuals, including, but not limited to, the Grant Program Guidelines (Attachment 1). California Government Code Section 14460(a)(1) provides: "The department [CALTRANS], and external entities that receive state and federal transportation funds from the department, are spending those funds efficiently, effectively, economically, and in compliance with applicable state and Federal requirements. Those external entities include, but are not limited to, private for profit and nonprofit organizations, local transportation agencies, and other local agencies that receive transportation funds either through a contract with the department or through an agreement or grant administered by the department." City Council 12 — 6 2/6/2024 City of Santa Ana Public Works Agency Agreement Number 12-TRANSIT-16 AMS ADV ID: 1224000030 Page 4 of 19 6. Project funding is as follows: Fund Title Fund Source Dollar Amount Clean California Funds State General Fund (0001) Budget Item 2660-130-001 State Program Code 20.30.010.900 FY 2023/24 $1,475,000.00 Total Project Costs $1,475,000.00 For Caltrans Use Only I hereby Certify upon my own personal knowledge that budgeted funds are available for encumbrance. Jennie Yee 9/27/2023 $1,475,000.00 Accounting Officer Printed Name Accounting 0 icer Signature Date Amount Certified 7. This RGA is exempt from the legal review and approval by the Department of General Services, pursuant to Legal Opinions of the Attorney General: 58 Ops, Cal. Atty. Gen. 586 (1975), 63 Ops. Cal, Atty. Gen. 290 (1980), 74 Ops. Cal. Atty, Gen. 10 (1991), and 88 Ops. Cal. Atty. Gen. 56. 8. Notification of Parties a. AGENCY'S Project Manager for Project is Michael Ortiz, (714) 647-5624. b. CALTRANS' District Partnership Liaison is Eric Corona, (949) 279-9092. "District Partnership Liaison" as used herein includes his/her designee. c. All notices herein provided to be given, or which may be given, by either party to the other, shall be deemed to have been fully given when made in writing and received by the parties at their respective addresses: City of Santa Ana, Public Works Agency Attention: Michael Ortiz, Acting D.D. of Public Works Parks, Fleet, Facilities Phone Number: (714) 647-5624 Email: MOrtiz@santa-ana.org 20 Civic Center Plaza Santa Ana, California 92701 California Department of Transportation, District 12 Clean CA Partnership Liaison Attention; Eric Corona, Clean CA Program Manager Phone Number: (949) 279-9092 Email: eric.corona@dot.ca.gov Address: 1750 East Fourth Street, #100 Santa Ana, California 92705 City Council 12 — 7 2/6/2024 City of Santa Ana Public Works Agency Agreement Number 12-TRANSIT-16 AMS ADV ID: 1224000030 Page 5 of 19 9. Period of Performance a. Reimbursable work under this RGA shall begin no earlier than on September 1, 2023, following the written approval of CALTRANS and AGENCY's receipt of the Notice to Proceed letter of this RGA by CALTRANS. All reimbursable work shall terminate no later than December 31, 2024. Project closeout and final invoicing to CALTRANS must be submitted no later than June 30, 2025. Work incurred after December 31, 2024 will not be reimbursed. Payment shall be forfeit for any and all invoicing submitted to CALTRANS after June 30, 2025. Notwithstanding the foregoing, Caltrans will reimburse for actual close out costs incurred by AGENCY through June 30, 2025 (which, in total, shall not exceed 5% of the grant award). b. If requested by the CALTRANS District Partnership Liaison, AGENCY will attend a kickoff meeting with CALTRANS to be scheduled within one (1) week from receipt of Notice to Proceed sent by CALTRANS. 10. Changes in Terms/Amendments This Agreement may only be amended or modified by mutual written agreement of the parties. 11. Cost Limitation a. The maximum total amount granted and reimbursable to AGENCY pursuant to this RGA by CALTRANS shall not exceed $1,475,000.00. b. It is agreed and understood that the Clean CA funds are limited to the amount granted. CALTRANS will only reimburse the cost of services actually incurred in accordance with the provisions of this RGA and as authorized by the CALTRANS District Partnership Liaison at or below that fund limitation established herein. 12. Termination a. CALTRANS reserves the right to terminate this RGA upon written notice to AGENCY at least 30 days in advance of the effective date of such termination in the event CALTRANS determines (at its sole discretion) that AGENCY failed to proceed with PROJECT Work in accordance with the terms of this RGA. In the event of termination for convenience, CALTRANS will reimburse AGENCY for all allowable, authorized, and non -cancelled costs up to the date of termination. AGENCY shall return any unused advance amounts which cannot be supported by eligible expenditure documentation. b. This RGA may be terminated by either party for any reason by giving written notice to the other party at least 30 days in advance of the effective date of such termination. In the event of termination for convenience, CALTRANS will reimburse AGENCY for all costs that are expressly allowable, pre -authorized in writing, and non -cancellable, up to the date of termination. c. AGENCY has 60 days after the Termination Date to submit accurate invoices to CALTRANS to make final allowable payments for Project costs in accordance with the terms of this RGA. Failure to submit invoices within this period of time shall result in a waiver by AGENCY of its right to reimbursement of expended costs. Costs that are reimbursed and later determined to be ineligible for reimbursement shall be returned by AGENCY to CALTRANS. 13. Budget Contingency Clause a. It is mutually agreed that if the US Congress or the State Legislature fail to appropriate or allocate funds during the current year and/or any subsequent years covered under this RGA do not appropriate sufficient funds for the program, this RGA shall be of no further force and effect. In this event, CALTRANS shall have no liability to pay any funds whatsoever to AGENCY or to City Council 12 — 8 2/6/2024 City of Santa Ana Public Works Agency Agreement Number 12-TRANSIT-16 AMS ADV ID: 1224000030 Page 6 of 19 furnish any other considerations under this RGA and AGENCY shall not be obligated to perform any provisions of this RGA. b. The certification of FY 2023/24 funds will be contingent upon the passage of the FY 2023/24 Budget. Payment for any work performed that is funded by FY 2023/24 will be delayed if the FY 2023/24 Budget is not signed by June 30, 2023. Pursuant to Government Code (GC), Section 926.10, no late payment penalty shall accrue during any time period for which no Budget Act in effect, c. If funding for any fiscal year is reduced or deleted by US Congress or State Legislature for purposes of this program, CALTRANS shall have the option to either terminate this RGA with no liability occurring to CALTRANS, or offer an RGA Amendment to AGENCY to reflect reduced amount. 14. Payment and Invoicing a. AGENCY, its contractors, subcontractors and sub -recipients shall establish and maintain an accounting system and records that properly accumulate and segregate incurred Project costs and matching funds by line. The accounting system of AGENCY, its contractors, all subcontractors, and sub -recipients shall conform to Generally Accepted Accounting Principles (GAAP) and any standards specified by the source of funds, to enable the determination of incurred costs at interim points of completion, and to provide support for reimbursement payment vouchers or invoices. b. The method of payment for this RGA will be based on the actual allowable costs that are incurred in accordance with the provisions of this RGA and in the performance of the Approved Grant Application and Amendment(s) to Grant Application (Attachment III) CALTRANS will reimburse AGENCY for expended actual allowable direct costs, and including, but not limited to, labor costs, travel, and contracted consultant services costs incurred by AGENCY in performance of the Project Work. Indirect costs are reimbursable only if the AGENCY has identified the estimated indirect cost rate in Attachment II and an approved Indirect Cost Allocation Plan or an Indirect Cost Rate Proposal as set forth in Section III —Cost Principles, Item 16d. The total cost shall not exceed the cost reimbursement limitation set forth in Section III —Cost Limitations, Item 11 a. Actual costs shall not exceed the estimated wage rates, labor costs, travel, and other estimated costs and fees set forth in Attachment III without an amendment to this RGA, as agreed between CALTRANS and AGENCY. c. Reimbursement of AGENCY expenditures will be authorized only for those allowable costs actually incurred by AGENCY in accordance with the provisions of this RGA and in the performance of Project Work. AGENCY must not only have incurred the expenditures on or after the start date and the issuance of the Notice to Proceed letter for this RGA and before the Expiration Date but must have also paid for those costs to claim any reimbursement. d. The AGENCY indirect cost rate must be approved in writing by the California Department of Transportation Independent Office of Audits and Investigations or federal cognizant agency before any reimbursement payment is made by CALTRANS to AGENCY for such cost. e. Travel expenses and per diem rates are not to exceed the rate specified by the State of California Department of Human Resources for similar employees (i.e. non -represented employees) unless written verification is supplied that government hotel rates were not then commercially available to AGENCY, its subrecipients, contractors, and/or subcontractors, at the time and location required as specified in the California Department of Transportation's Travel Guide Exception Process at the following link: https://travelpocketguide.dot.ca..Qov/. City Council 12 — 9 2/6/2024 City of Santa Ana Public Works Agency Agreement Number 12-TRANSIT-16 AMS ADV ID: 1224000030 Page 7 of 19 Also see website for summary of travel reimbursement rules. f. AGENCY shall submit invoices to CALTRANS at least quarterly, but no more frequently than monthly, in arrears upon completion of project tasks, milestone and/or deliverables in accordance with the Project Timeline in Attachment III to the satisfaction of CALTRANS District Partnership Liaison g.. Invoices shall reference this RGA Number and shall be signed and submitted to CALTRANS District Partnership Liaison, as stated in Section III —Notification of Parties, Item 8c. h. Invoices shall include the following information: 1) Names of the AGENCY personnel performing work 2) Dates and times of Project Work 3) Locations of Project Work 4) itemized costs as set forth in Attachment III, including identification of each employee, contractor or subcontractor staff who provided services during the period of the invoice, the number of hours and hourly rates for each employee, contractor, sub -recipient or subcontractor staff member, authorized travel expenses with receipts, receipts for authorized materials or supplies, and contractor, subrecipient and subcontractor invoices. 5) AGENCY shall submit written progress reports with each set of invoices to allow CALTRANS District Partnership Liaison to determine if AGENCY is performing to expectations, is on schedule, is within funding cost limitations, to communicate interim findings, and to afford occasions for airing difficulties respecting special problems encountered so that remedies can be developed. i. Incomplete or inaccurate invoices shall be returned to the AGENCY unapproved for correction. Failure to submit invoices on a timely basis may be grounds for termination of this RGA for material breach per Section III —Termination, Item 12. j. CALTRANS will reimburse AGENCY for all allowable Project costs at least quarterly, but no more frequently than monthly, in arrears as promptly as CALTRANS fiscal procedures permit upon receipt of an itemized signed invoice. k. The RGA Expiration Date refers to the last date for AGENCY to incur valid Project costs or credits and is the date this RGA expires. AGENCY has until December 31, 2024 to make final allowable payments to Project contractors or vendors, and submit the Project's Final Report, as defined in Attachment I and a final invoice to CALTRANS for reimbursement for allowable Project costs. Any unexpended Project funds not invoiced by the 60th day will be reverted and will no longer be accessible to reimburse late Project invoices contractor. I. The final invoice will be paid upon submission by AGENCY to CALTRANS and acceptance by CALTRANS of the Final Delivery Report. Complete final delivery reports and invoices must be submitted to CALTRANS by June 30, 2025. 15. Quarterly Progress Reporting a. AGENCY shall submit written quarterly progress reports to the CALTRANS District Partnership Liaison to determine if AGENCY is performing to expectations, is on schedule, is within funding cost limitations, to communicate interim findings, and to afford occasions for airing difficulties respecting special problems encountered so that remedies can be developed. City Council 12 — 10 2/6/2024 City of Santa Ana Public Works Agency Agreement Number 12-TRANSIT-16 AMS ADV ID: 1224000030 Page 8 of 19 16. Cost Principles a. AGENCY agrees to comply with Title 2, Code of Federal Regulations (CFR), Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. b. AGENCY agrees, and will assure that its contractors, sub -recipients, in -kind contributors, and subcontractors will be obligated to agree, that (a) Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be used to determine the allowability of individual Project cost items and (b) and (b) all parties shall comply with Federal administrative procedures in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. Every sub -recipient receiving Project funds as a sub -recipient, contractor, or subcontractor under this RGA shall comply with Federal administrative procedures in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards to the extent applicable. c. Any Project costs for which AGENCY has received payment or credit that are determined by subsequent audit to be unallowable under 2 CFR, Part 200, and/or Part 48, Chapter 1, Part 31, are subject to repayment by AGENCY to CALTRANS. Should AGENCY fail to reimburse moneys due CALTRANS within 30 days of discovery or demand, or within such other period as may be agreed in writing between the parties hereto, CALTRANS is authorized to intercept and withhold future payments due AGENCY from CALTRANS or any third -party source, including, but not limited to, the State Treasurer, the State Controller or any other fund source, d. Prior to AGENCY seeking reimbursement of indirect costs, AGENCY must have identified estimated indirect cost rate in Attachment 11, prepare and submit annually to CALTRANS for review and approval an indirect cost rate proposal and a central service cost allocation plan (if any) in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards and Chapter 5 of the Local Assistance Procedures Manual which may be accessed at: https://dot.ca.gov/-/media/dot- media/programs/local-assistance/documents/lapm/ch05. pdf e. AGENCY agrees and shall require that all its agreements with consultants and subrecipients contain provisions requiring adherence to this section in its entirety except for section c, above. 17. Americans with Disabilities Act By signing this Agreement, LOCAL AGENCY assures CALTRANS that in the course of performing Project Work, it will fully comply with the applicable provisions of the Americans with Disabilities Act (ADA) of 1990, as amended, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA (42 USC Section 12101 et seq.). 18. Iran Contracting Act Proposed Contractor must complete and submit to CALTRANS the Iran Contracting Act Certification certifying that it is not on the most current DGS list of Entities Prohibited from Contracting with Public Entities in California per the Iran Contracting Act, 2010 (https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division-Resources-List- Folder/List-of-Ineligible-Businesses), before the Agreement has been executed, unless Contractor is exempted from the certification requirement by Public Contract Code Section 2205(c) or (d). If City Council 12 —11 2/6/2024 City of Santa Ana Public Works Agency Agreement Number 12-TRANSIT-16 AMS ADV ID: 1224000030 Page 9 of 19 claiming an exemption, the proposed Contractor shall provide written evidence that supports an exemption under Public Contract Code Section 2203(c) or (d) before execution of the Agreement. 19. Indemnification Neither CALTRANS nor any officer or employee thereof is responsible for any injury, damage, or liability occurring by reason of anything done or omitted to be done by AGENCY, its officers, employees, agents, its contractors, its subrecipients, or its subcontractors under or in connection with any work, authority, or jurisdiction conferred upon AGENCY under this RGA. It is understood and agreed that AGENCY shall fully defend, indemnify, and save harmless CALTRANS and all of CALTRANS' officers and employees from all claims, suits, or actions of every name, kind, and description brought forth under, including, but not limited to, tortuous, contractual, likeness statutes under California Civil Code §§ 3344 and 3344.1, inverse condemnation, or other theories or assertions of liability occurring by reason of anything done or omitted to be done by AGENCY, its officers, employees, agents, contractors, subrecipients, or subcontractors under this RGA. b. AGENCY agrees to fully defend, indemnify, and save harmless CALTRANS and all of its officers and employees from any and all claims, lawsuits, or legal actions, including reasonable attorneys' fees and legal costs, relating to intellectual property claims arising from or related to the Project and/or any work procured under this RGA, including but not limited to claims based on (1) U.S. federal or state trademark infringement laws, (2) patent infringement laws (3) 17 U.S.C. §§ 101-810 (the Copyright Act of 1976, as modified), (4) 17 U.S.C. § 106A(a) (the Visual Artists Rights Act of 1990, "VARA"), (5) 17 U.S.C. § 113, (6) California Civil Code § 987 (the California Art Preservation Act), California Civil Code §989, or (7) any other rights arising under U.S. federal or state laws or under the laws of any other country that conveys rights and protections of the same nature as those conveyed under 17 U.S.C. §106A(a) and California Civil Code §987, including intellectual property claims arising from or related to breach of contract, inverse condemnation, conversion, and/or taking of property. 20. Nondiscrimination Clause (2 CCR 11105 Clause b) a. During the performance of this RGA, the AGENCY, its contractors, its subrecipients, and its subcontractors shall not deny the contract's benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. AGENCY shall ensure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. b. AGENCY shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code Sections 12900 et seq.), the regulations promulgated thereunder (California Code of Regulations, Title 2, Sections 11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov, Code Sections 11135-11139.5), and the regulations or standards adopted by CALTRANS to implement such article. c. AGENCY shall permit access by representatives of the Department of Fair Employment and Housing and CALTRANS upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours' notice, to such of its books, records, accounts, and all other City Council 12 — 12 2/6/2024 City of Santa Ana Public Works Agency Agreement Number 12-TRANSIT-16 AMS ADV ID: 1224000030 Page 10 of 19 sources of information and its facilities as said Department or CALTRANS shall require to ascertain compliance with this clause. d. AGENCY and its contractors, its sub -recipients, and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. e. AGENCY shall include the nondiscrimination and compliance provisions of this clause in all agreements with its sub -recipients, contractors, and subcontractors, and shall include a requirement in all agreements with all of same that each of them in turn include the nondiscrimination and compliance provisions of this clause in all contracts and subcontracts they enter into to perform work under this RGA. 21. Retention of Records/Audits a. AGENCY, its contractors, subcontractors, and sub -recipients, agree to comply with Title 2, Code of Federal Regulations (CFR), Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. b. AGENCY, its contractors, subcontractors, and sub -recipients shall establish and maintain an accounting system and records that properly accumulate and segregate incurred Project costs and matching funds by line. The accounting system of AGENCY, its contractors, all subcontractors, and sub -recipients shall conform to Generally Accepted Accounting Principles (GAAP), enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices. All accounting records and other supporting papers of AGENCY, its contractors, subcontractors and sub -recipients connected with Project performance under this RGA shall be maintained for a minimum of three (3) years from the date of final payment to AGENCY and shall be held open to inspection, copying, and audit by representatives of CALTRANS, the California State Auditor, and auditors representing the federal government. Copies thereof will be furnished by AGENCY, its contractors, its subcontractors, and sub -recipients upon receipt of any request made by CALTRANS or its agents. In conducting an audit of the costs and match credits claimed under this RGA, CALTRANS will rely to the maximum extent possible on any prior audit of AGENCY pursuant to the provisions of State and AGENCY law. In the absence of such an audit, any acceptable audit work performed by AGENCY's external and internal auditors may be relied upon and used by CALTRANS when planning and conducting additional audits. c. For the purpose of determining compliance with applicable State and AGENCY law in connection with the performance of AGENCY's contracts with third parties pursuant to Government Code Section 8546.7, AGENCY, AGENCY's sub -recipients, contractors, subcontractors, and CALTRANS, shall each maintain and make available for inspection all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts. All of the above referenced parties shall make such materials available at their respective offices at all reasonable times during the entire Project period and for three (3) years from the date of final payment to AGENCY under this RGA. CALTRANS, the California State Auditor, or any duly authorized representative of CALTRANS or the United States Department of Transportation, shall each have access to any books, records, and documents that are pertinent to a Project for audits, examinations, excerpts, and transactions, and AGENCY shall furnish copies thereof if requested. d. AGENCY, its subrecipients, contractors, and subcontractors will permit access to all records of employment, employment advertisements, employment application forms, and other pertinent City Council 12 — 13 2/6/2024 City of Santa Ana Public Works Agency Agreement Number 12-TRANSIT-16 AMS ADV ID: 1224000030 Page 11 of 19 data and records by the State Fair Employment Practices and Housing Commission, or any other agency of the State of California designated by CALTRANS, for the purpose of any investigation to ascertain compliance with this RGA. e. Additionally, all grants may be subject to a pre -award audit prior to execution of this RGA to ensure AGENCY has an adequate financial management system in place to accumulate and segregate reasonable, allowable and allocable costs. f. Any contract with a contractor, subcontractor, or sub -recipient entered into as a result of this RGA shall contain all the provisions of this article. 22. Adjudication of Facts in Disputes a. Any dispute concerning a question of fact arising under this RGA that is not disposed of by agreement shall be decided by the CALTRANS Contract Officer, who may consider any written or verbal evidence submitted by AGENCY. The CALTRANS Contract Officer shall issue a written decision within 30 days of receipt of the dispute. If AGENCY rejects the decision of the CALTRANS Contract Officer, AGENCY can pursue any and all remedies authorized by law. Neither party waives any rights to pursue remedies authorized by law. b. Neither the pendency of a dispute nor its consideration by CALTRANS Contract Officer will excuse AGENCY from full and timely performance in accordance with the terms of this RGA. 23. Third -Party Contracts a. AGENCY shall perform the work contemplated with resources available within its own organization and no portion of the work shall be contracted to a third party without prior written authorization by the CALTRANS District Partnership Liaison unless expressly included (subrecipient identified) in Attachment III as Project Work. b. All State -government -funded procurements must be conducted using a fair and competitive procurement process. AGENCY may use its own procurement procedures as long as the procedures comply with the local AGENCY's laws, rules, and ordinances governing procurement and all applicable provisions of State law, including, without limitation, the requirement that the AGENCY endeavor to obtain at least three (3) competitive bids for solicitation of goods, services, and consulting services (see Part 2, Chapter 2, Articles 3 and 4 of the Public Contract Code); a qualifications -based solicitation process, for which statements of qualifications are obtained from at least three (3) qualified firms for architecture and engineering services (see Title 1, Division 5, Chapter 10 of the Government Code); and, the applicable provisions of the State Contracting Manual (SCM), Chapter 5, which are not inconsistent with this Item 23, Third Party Contracts. The SCM can be found and the following link: https://www.dgs.ca.gov/OLS/Resources/Page- Content/Office-of-Legal-Services-Resources-List-Folder/State-Contracting. c. Any contract entered into as a result of this RGA shall contain all the provisions stipulated in this RGA to be applicable to AGENCY's sub -recipients, contractors, and subcontractors. Copies of all agreements with sub -recipients, contractors, and subcontractors, must be submitted to the CALTRANS District Partnership Liaison. d. CALTRANS does not have a contractual relationship with the AGENCY's subrecipients, contractors, or subcontractors, and the AGENCY shall be fully responsible for all work performed by its subrecipients, contractors, or subcontractors. City Council 12 — 14 2/6/2024 City of Santa Ana Public Works Agency Agreement Number 12-TRANSIT-16 AMS ADV ID: 1224000030 Page 12 of 19 e. Prior authorization in writing by the CALTRANS District Partnership Liaison shall be required before AGENCY enters into any non -budgeted sub -agreement. AGENCY shall provide an evaluation of the necessity or desirability of incurring such costs. AGENCY shall retain all receipts for such purchases or services and shall submit them with invoices per Section III —Payment and Invoicing, Item 14(e)(4), above. f. Any contract entered into by AGENCY as a result of this RGA shall mandate that travel and per diem reimbursements and third -party contract reimbursements to subrecipients, contractors, and subcontractors, will be allowable as Project costs only after those costs are incurred and paid for by the subrecipients, contractors, and subcontractors. Travel expenses and per diem rates for subcontractors shall be reimbursed pursuant to Section III —Payment and Invoicing, Item 14c, above. 24. Drug -Free Workplace Certification By signing this RGA, AGENCY hereby certifies under penalty of perjury under the laws of California that AGENCY will comply with the requirements of the Drug -Free Workplace Act of 1990 (Gov. Code Sections 8350 et seq.) and will provide a Drug -Free workplace by doing all of the following: a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 8355(a). b. Establish a Drug -Free Awareness Program as required by Government Code Section 8355(a)(2) to inform employees about all of the following: 1) The dangers of drug abuse in the workplace. 2) The person's or organization's policy of maintaining a Drug -Free workplace. 3) Any available counseling, rehabilitation, and employee assistance programs. 4) Penalties that may be imposed upon employees for drug abuse violations. c. Provide, as required by Government Code Section 8355(a)(3), that every employee who works on the proposed contract or grant: 1) Will receive a copy of the company's Drug -Free policy statement. 2) Will agree to abide by the terms of the company's statement as a condition of employment on the contract or grant. d. Failure to comply with these requirements may result in suspension of payments under this RGA or termination of this RGA or both, and AGENCY may be ineligible for the award of any future state contracts if CALTRANS determines that any of the following has occurred: (1) AGENCY has made a false certification or, (2) AGENCY violates the certification by failing to carry out the requirements as noted above. 25. Relationship of Parties It is expressly understood that this agreement is executed by and between two (2) independent governmental entities and is not intended to, and shall not be construed to, create the relationship of agent, servant, employee, partnership, joint venture or association, or any other relationship whatsoever other than that of an independent party. City Council 12 — 15 2/6/2024 City of Santa Ana Public Works Agency Agreement Number 12-TRANSIT-16 AMS ADV ID: 1224000030 Page 13 of 19 26. State -Owned Data a. AGENCY agrees to comply with the following requirements to ensure the preservation, security, and integrity of State-owned data on portable computing devices and portable electronic storage media: 1) Encrypt all State-owned data stored on portable computing devices and portable electronic storage media using government -certified Advanced Encryption Standard (AES) cipher algorithm with a 256-bit or 128-bit encryption key to protect CALTRANS data stored on every sector of a hard drive, including temp files, cached data, hibernation files, and even unused disk space. 2) Data encryption shall use cryptographic technology that has been tested and approved against exacting standards, such as PIPS 140-2 Security Requirements for Cryptographic Modules. 3) Encrypt, as described above, all State-owned data transmitted from one computing device or storage medium to another. 4) Maintain confidentiality of all State-owned data by limiting data sharing to those individuals contracted to provide services on behalf of the State, and limit use of State information assets for State purposes only. 5) Install and maintain current anti -virus software, security patches, and upgrades on all computing devices used during the course of the Agreement. 6) Notify the CALTRANS District Partnership Liaison immediately of any actual or attempted violations of security of State-owned data, including lost or stolen computing devices, files, or portable electronic storage media containing State-owned data. 7) Advise the owner of the State-owned data, the AGENCY Information Security Officer, and the AGENCY Chief Information Officer of vulnerabilities that may present a threat to the security of State-owned data and of specific means of protecting that State-owned data. b, AGENCY agrees to use the State-owned data only for State purposes under this Agreement. c. AGENCY agrees to not transfer State-owned data to any computing system, mobile device, or desktop computer without first establishing the specifications for information integrity and security as established for the original data file(s) (State Administrative Manual (SAM) Section 5335.1). 27. Limited Grant of Rights to CALTRANS for Use of Educational Programming ("educational programming") Created or Produced for Project and Visual Art Located Outside of State Right -of - Way ("Artwork") Created or Produced for Project a. Educational programming: AGENCY shall obtain from any and all copyright owner(s) of educational programming a sublicensable, irrevocable, perpetual, royalty -free, unlimited, worldwide license to prepare derivative works, make, publish, display, and distribute two-dimensional reproductions and/or copies, digitally and in print, of the educational programming created or produced for Project under this RGA, or derivatives thereof, for non-commercial purposes or any State government purposes. This includes, but is not limited to, reproductions used in brochures, media publicity, public outreach campaigns (including television and social media campaigns), education, exhibition catalogues or other similar publication. AGENCY shall obtain any and all other intellectual property rights necessary to make this grant to CALTRANS as described in this RGA. City Council 12 — 16 2/6/2024 City of Santa Ana Public Works Agency Agreement Number 12-TRANSIT-16 AMS ADV ID: 1224000030 Page 14 of 19 AGENCY grants to CALTRANS an irrevocable, perpetual, royalty -free, sublicensable, unlimited, worldwide license to prepare derivative works, make, publish, display, and distribute two-dimensional reproductions and/or copies, digitally and in print, of the educational programming created or produced for Project under this RGA, or derivatives thereof, for non-commercial purposes or any State government purposes. This includes, but is not limited to, reproductions used in brochures, media publicity, public outreach campaigns (including television and social media campaigns), education, and exhibition catalogues or other similar publication. iii. When applicable, AGENCY shall obtain and provide to CALTRANS any and all documentation CALTRANS reasonably determines is necessary or desirable to perfect the license or sublicense described in this RGA to CALTRANS. This documentation shall be provided to CALTRANS within fifteen (15) days of written notice that this documentation is required. iv. To the extent any logos, including trademarks or service marks, belonging to third parties and/or the AGENCY are used on educational programming created or produced for Project under this RGA, AGENCY agrees to obtain and grant all necessary rights for CALTRANS to use and allow agents of CALTRANS to use the logos in connection with use of the educational programming for non-commercial purposes or State government purposes. This includes but is not limited to reproductions used in brochures, media publicity, public outreach campaigns (including television and social media campaigns), education and exhibition catalogues or other similar publication. This documentation shall be provided to CALTRANS within fifteen (15) days of written notice that this documentation is required. b. Artwork: AGENCY shall obtain from the artist(s), or any other copyright owner(s) of Artwork, a sublicensable, irrevocable, perpetual, royalty -free, unlimited, worldwide license to prepare derivative works, make, publish, display, and distribute two-dimensional reproductions and/or copies, digitally and in print, of Artwork created or produced for Project under this RGA, or derivatives thereof, for non-commercial purposes or any State government purposes. This includes, but is not limited to, reproductions used in brochures, media publicity, public outreach campaigns (including television and social media campaigns), education, and exhibition catalogues or other similar publication. AGENCY shall obtain any and all other intellectual property rights necessary to make this grant to CALTRANS as described in this RGA. AGENCY grants to CALTRANS an irrevocable, perpetual, royalty -free, sublicensable, unlimited, worldwide license to prepare derivative works, make, publish, display, and distribute two-dimensional reproductions and/or copies, digitally and in print, of Artwork created or produced for Project under this RGA, or derivatives thereof, for non-commercial purposes or any State government purposes. This includes, but is not limited to, reproductions used in brochures, media publicity, public outreach campaigns (including television and social media campaigns), education, and exhibition catalogues or other similar publication. iii. AGENCY shall obtain and provide to CALTRANS any and all documentation CALTRANS reasonably determines is necessary or desirable to perfect the license or sublicense described in this RGA to CALTRANS. This documentation shall be provided to CALTRANS within fifteen (15) days of written notice that this documentation is required. City Council 12 — 17 2/6/2024 City of Santa Ana Public Works Agency Agreement Number 12-TRANSIT-16 AMS ADV ID: 1224000030 Page 15of19 28. Government Purpose Rights for Inventions a. Inventions are any idea, methodologies, design, concept, technique, invention, discovery, improvement or development regardless of patentability made solely by AGENCY or jointly with the AGENCY's contractor, subcontractor and/or subrecipient during the term of this RGA and in performance of any work under this RGA, provided that either the conception or reduction to practice thereof occurs during the term of this RGA and in performance of work issued under this RGA. CALTRANS will have Government Purpose Rights to any inventions created as a result of the Project. "Government Purpose Rights" are the unlimited, irrevocable, worldwide, perpetual, royalty -free, non-exclusive rights, and licenses to use, modify, reproduce, perform, release, display, create derivative works from, and disclose any said invention. "Government Purpose Rights" also include the right to release or disclose said invention(s) outside CALTRANS for any State government purpose and to authorize recipients to use, modify, reproduce, perform, release, display, create derivative works from, and disclose the invention(s) for any State government purpose. "Government Purpose Rights" do not include any rights to use, modify, reproduce, perform, release, display, create derivative works from, or disclose the invention(s) for any commercial purpose. 29. Additional Intellectual Property Provisions a. To the extent any intellectual property is created or produced for Project under this RGA, and not covered in other provisions of this RGA, AGENCY agrees to take reasonable steps to ensure that CALTRANS has the rights necessary to allow for use of the intellectual property in a fashion substantially similar to other rights for non-commercial uses and State government purposes described in this RGA. b. If additional uses are reasonably determined to be needed by CALTRANS for public outreach purposes, AGENCY will obtain rights and grant CALTRANS and its agents said additional rights for use of the "Before" and "After" Project photos, Artwork created or produced for Project under this RGA, and educational programming created or produced for Project under this RGA. The grant will be an irrevocable, non-exclusive, perpetual, royalty -free, sublicensable, unlimited, worldwide license. c. When requested to so do by AGENCY, all reproductions and/or copies by CALTRANS of "Before" or "After" Project photographs, educational programming, and Artwork shall contain a credit to the Artist/ Copyright owner(s) and a copyright notice in substantially the following form: © [Artist/Copyright owner's name, date of publication]. AGENCY bears sole responsibility to promptly notify CALTRANS, in writing, about instances where such accreditation is requested and provide the Artist/ Copyright owner's name and date of publication. CALTRANS will make reasonable efforts to affix the copyright notice in a timely manner. d. Required disclaimer language for educational programming and Artwork created or produced for Project under this RGA. Educational programming: AGENCY must place a disclaimer statement in a conspicuous manner on the educational programming created or produced for Project under this RGA a disclaimer that states the content of the educational programming does not reflect the official views or policies of CALTRANS. The educational programming does not constitute a standard, specification, or regulation. Artwork: AGENCY must place a disclaimer statement in a conspicuous manner on or in close proximately to the Artwork created or produced for Project under this RGA a City Council 12 — 18 2/6/2024 City of Santa Ana Public Works Agency Agreement Number 12-TRANSIT-16 AMS ADV ID: 1224000030 Page 16 of 19 disclaimer statement that the contents of the artwork do not reflect the official views or policies of CALTRANS. e. Avoidance of Infringement: In performing work under this RGA, AGENCY and its employees agree to avoid designing or developing any items that infringe one or more patents or other intellectual property rights of any third party. If AGENCY or its employees becomes aware of any such possible infringement in the course of performing any work under this RGA, AGENCY or its employees shall immediately notify CALTRANS in writing. f. Contractors, Subcontractors, and Subrecipients: Through contract with its sub -recipients, contractors, and subcontractors, AGENCY shall affirmatively bind by contract all of its contractors, subcontractors, subrecipients, and service vendors (hereinafter "AGENCY's Contractor/Subcontractor/Subrecipient") providing services under this RGA to conform to the provisions of paragraphs 31-33 of this RGA. In performing services under this RGA, AGENCY's Co ntractor/S u bco ntractor/S u breci pie nt shall agree to avoid designing or developing any items that infringe one (1) or more patents or other intellectual property rights of any third party. If AGENCY's Contractor/Subcontractor/Subrecipient becomes aware of any such possible infringement in the course of performing any work under this RGA, AGENCY's Contractor/Subcontractor/Subrecipient shall immediately notify the AGENCY in writing, and AGENCY will then immediately notify CALTRANS in writing. 30. Visual Art Located on California State Right -of -Way AGENCY agrees if Project involves visual art located on California State right-of-way, Project must be submitted and adhere to CALTRANS' most current Transportation Art Proposal process, policies, guidelines, and requirements. Information regarding CALTRANS' Transportation Art program can be found at https://dot.ca.gov/programs/design/lap-landscape-architecture-and- community-livability/lap-liv-j-transportation-art. AGENCY bears sole responsibility for ensuring that any Project will be timely submitted through CALTRANS' Transportation Art Proposal process, approved, and installed prior to any deadlines as required by this RGA. a. AGENCY acknowledges that funds provided by CALTRANS under this RGA shall not be used for maintenance outside of the project time limits as provided in this RGA. b. AGENCY acknowledges that the CALTRANS' Transportation Art Proposal process requires, among other things, CALTRANS ownership of any tangible visual final artwork, an unlimited, irrevocable copyright assignment to CALTRANS of the final artwork, and waiver of moral rights under California Civil Code § 987 (the California Art Preservation Act) and 17 U.S.C. § 106A(a) (the Visual Artists Rights Act of 1990, "VARK) of the final artwork. c. AGENCY acknowledges that any submittal to the CALTRANS' Transportation Art Proposal process includes restrictions on the type of work that can be located on California State right-of- way. 31. Assumption of Risk and Indemnification Regarding Exposure to Environmental Health Hazards In addition to, and not a limitation of, Contractor's indemnification obligations contained elsewhere in this Agreement, Contractor hereby assumes all risks of the consequences of exposure of Contractor's employees, agents, Subcontractors, Subcontractors' employees, and any other person, firm, or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, to any and all environmental health hazards, local and otherwise, in connection with the performance of this Agreement. Such hazards include, City Council 12 — 19 2/6/2024 City of Santa Ana Public Works Agency Agreement Number 12-TRANSIT-16 AMS ADV ID: 1224000030 Page 17of19 but are not limited to, bodily injury and/or death resulting in whole or in part from exposure to infectious agents and/or pathogens of any type, kind or origin. Contractor also agrees to take all appropriate safety precautions to prevent any such exposure to Contractor's employees, agents, Subcontractors, Subcontractors' employees, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement. Contractor also agrees to indemnify and hold harmless CALTRANS, the State of California, and each and all of their officers, agents and employees, from any and all claims and/or losses accruing or resulting from such exposure. Except as provided by law, Contractor also agrees that the provisions of this paragraph shall apply regardless of the existence or degree of negligence or fault on the part of CALTRANS, the State of California, and/or any of their officers, agents and/or employees. 32. Mandatory Organic Waste Recycling It is understood and agreed that pursuant to Public Resources Code Sections 42649.8 et seq., if Contractor generates two (2) cubic yards or more of organic waste or commercial solid waste per week, Contractor shall arrange for organic waste or commercial waste recycling services that separate/source organic waste for organic waste recycling. Contractor shall provide proof of compliance, i.e. organic waste recycling services or commercial waste recycling services that separate/source organic waste recycling, upon request from CALTRANS District Partnership Liaison 33. Project Close Out/Closeout Report a. AGENCY will provide a final close out report to the CALTRANS District Partnership Liaison no later than June 30, 2025. CALTRANS reserves the right to inspect the project location prior to approving the final invoice and closeout report. b. CALTRANS reserves the right to withhold final payment to AGENCY pending receipt and approval of the final closeout report by the CALTRANS District Partnership Liaison. c. Payments shall be forfeit for work incurred after December 31, 2024. 34. ADA Compliance All entities that provide electronic or information technology or related services that will be posted online by CALTRANS must be in compliance with Government Code Sections 7405 and 11135 and the Web Content Accessibility Guidelines (WCAG) 2.0 or subsequent version, published by the Web Accessibility Initiative of the World Wide Web Consortium at a minimum Level AA success. All entities will respond to and resolve any complaints/deficiencies regarding accessibility brought to their attention. 35. Prevailing Wages and Labor Code Compliance AGENCY shall comply with any and all applicable labor and prevailing wage requirements in Labor Code Sections 1720 through 1815 and implementing regulations for any public works or maintenance contracts and subcontracts executed for the AGENCY's work on or for the Project. 36. In the event of any inconsistency between the provisions which constitute this RGA, the following order of precedence shall apply: This Restricted Grant Agreement (as amended); City Council 12 — 20 2/6/2024 City of Santa Ana Public Works Agency Agreement Number 12-TRANSIT-16 AMS ADV ID: 1224000030 Page 18 of 19 II. The CALTRANS Local Grant Program Guidelines; III. Approved Indirect Cost Rate (if applicable); IV. Approved Grant Application (as amended); and V. AGENCY Resolution. 37, Survival AGENCY's representations, the indemnification provisions in paragraph 21, intellectual property provisions in paragraphs 30, 31, 32, and 33, and all other provisions which by their inherent character establish ongoing obligations shall remain in full force and effect, regardless of any expiration and/or termination of this RGA. 38. Sanctions No agreements under this RGA shall be made with individuals and/or entities that are determined to be a target of sanctions by the State of California while such sanctions are in effect. Section IV Attachments: The following attachments are incorporated into, and are made a part of this RGA by this reference and attached hereto. I. Clean CA Transit Partnership Program Guidelines 11. Approved Indirect Cost Rate (if applicable) 111. Approved Grant Application and Amendment(s) to Grant Application (if applicable) IV. AGENCY Resolution In Witness Whereof, the parties hereto have executed this RGA on the day and year first herein above written: AGENCY NAME By: kA -,7C, Printed Name: Nabil Saba Title: Executive Director of Public Works Date: I.z/-2-0 12-6) -2-3 City Council 12 - 21 2/6/2024 City of Santa Ana Public Works Agency Agreement Number 12-TRANSIT-16 AMS ADV ID: 1224000030 Page 19 of 19 CALTRANS DISTRICT PARTNERSHIP LIAISON CLEAN CALIFORNIA PROGRAM By: Printed Name: Eric Corona Title: Clean CA Program Manager Date: 12/21/2023 CALIFORNIA DEPARTMENT OF TRANSPORTATION CLEAN CALIFORNIA PROGRAM By: Wa lter Y, f 22, 202312'. 16 77 Printed Name: Walter Yu Title: Clean California Program Director Date: 12/22/2023 City Council 12 — 22 2/6/2024 12-Transit-16 RGA FINAL Final Audit Report 2023-12-22 Created: 2023-12-22 By: Dallia Foster (sl20989@dot.ca.gov) Status: Signed Transaction ID: CBJCHBCAABAAywE-t3pURROrSBdv_fz4XyGNviOQlgkv "12-Transit-16 RGA FINAL" History Document created by Dallia Foster (s120989@dot.ca.gov) 2023-12-22 - 4:57:30 PM GMT Document emailed to Walter Yu (walter.yu@dot.ca.gov) for signature 2023-12-22 - 4:58:14 PM GMT 650 Document e-signed by Walter Yu (walter.yu@dot.ca.gov) Signature Date: 2023-12-22 - 8:16:00 PM GMT - Time Source: server Agreement completed. 2023-12-22 - 8:16:00 PM GMT C** Powered by 12 - 23 2/6/2024 City of Santa Ana Public Works Agency Agreement Number 12-TRANSIT-07 AMS ADV ID: 1224000029 Page 1 of 19 Clean California Local Grant Program (State) Restricted Grant Agreement This Restricted Grant Agreement (RGA), between the State of California acting by and through its Department of Transportation, referred to herein as CALTRANS, and the CITY OF SANTA ANA PUBLIC WORKS AGENCY, hereinafter referred to as AGENCY, will commence on September 1, 2023, or upon approval by CALTRANS whichever occurs later. This RGA is of no effect unless approved by CALTRANS. AGENCY shall not receive payment for work performed prior to approval of this RGA and before receipt of Notice to Proceed from CALTRANS. This RGA shall expire on June 30, 2026. Recitals 1. Under this RGA, CALTRANS intends to convey State restricted grant funds to AGENCY, pursuant to Budget Act Line Item 2660-130-0001, who will implement the project pursuant to the attached Approved Grant Application and Amendment(s) to Grant Application, Attachment III under the terms, covenants, and conditions of this RGA. 2. CALTRANS and AGENCY intend that only funds that are authorized as restricted grants will be subject to this RGA, and that no funds that should be the subject of a Joint Powers Agreement, Interagency Agreement, or other non -grant agreement shall be subject to this RGA. 3. WHEREAS, the Clean CA Program, through its Clean CA Local Grants Program, is authorized under California Streets and Highways Code Section 91.41 to provide funding and resources to support local projects that advance the program's goals and objectives; 4. WHEREAS, California Streets and Highways Code Section 91.41 provides the legislative authority for the Clean CA Program to advance the following intent and objectives: a. Reduce Waste and Beautify Public Spaces: The primary goal of the program is to allocate grants to local and regional public agencies, transit agencies, and tribal governments to reduce waste and debris within public rights -of -way, tribal lands, parks, pathways, transit centers, and other public spaces. The program aims to enhance, rehabilitate, restore, or install measures to beautify and improve these public spaces. b. Improve Public Health and Community Placemaking: The program seeks to enhance public health, cultural connection, and community placemaking by improving public spaces for walking and recreation. By investing in the improvement of these spaces, it aims to create a positive and welcoming environment for the community. c. Promote Equity for Underserved Communities: The program places a strong emphasis on advancing equity for underserved communities. d. Support Sustainable Practices: The program encourages the implementation of sustainable practices in the beautification and enhancement of public spaces. This includes greening efforts, such as providing shade and reducing the urban heat island effect, as well as using native, low-water plants. e. Engage Local Communities: The program promotes community engagement by requiring project proposals to reflect community priorities. It encourages the involvement of local communities in the development and selection of projects to ensure they meet the needs and preferences of the affected population. f. Prohibit Displacement of Persons Experiencing Homelessness: The program prohibits City Council 12 — 24 2/6/2024 City of Santa Ana Public Works Agency Agreement Number 12-TRANSIT-07 AMS ADV ID: 1224000029 Page 2 of 19 grants from funding projects that displace persons experiencing homelessness. This reflects the intention to address public space improvements without negatively impacting vulnerable populations. g. Transparent and Efficient Grant Allocation: The program requires the program to issue a call for projects and announce grant awards. The guidelines for allocating grants must include project selection criteria and program evaluation metrics. 5. WHEREAS, the purpose of this RGA is to authorize Caltrans districts to enter into agreements with local agencies to support the development, implementation, and funding of transit partnership projects that align with the goals and priorities of the Clean CA Program and comply with California Streets and Highways Code Section 91.41; 6. WHEREAS, this RGA establishes a framework for Caltrans districts to provide financial contributions and other assistance to local agencies, fostering effective collaboration and coordination to deliver successful transit partnership projects; 7. WHEREAS, this RGA emphasizes transparency, objective evaluation, and fair allocation of resources, ensuring that projects scoring higher based on established criteria receive prioritization for funding and implementation; 8. WHEREAS, the Clean CA Program facilitates collaboration between Caltrans districts and local agencies to develop and implement transit partnership projects on local right-of-way to address transit demand, usage, and ridership in a strategic and impactful manner that align with the goals and priorities of the Clean CA Program and comply with California Streets and Highways Code Section 91.41; 9. WHEREAS, the Clean CA Program, in partnership with Caltrans districts, seeks to enhance local right-of-way areas to address transit needs, waste management challenges, graffiti mitigation, and aesthetic enhancement, thereby contributing to a positive and enjoyable transit experience for the community 10. WHEREAS, the Clean CA Program, established by the State of California, is a transformative initiative which promotes sustainable transportation alternatives, reducing greenhouse gas emissions, and combatting climate change to improve the overall quality of life for residents and visitors of California; 11. WHEREAS, the Clean CA Program envisions a comprehensive approach to address transportation challenges, enhance transit infrastructure, and support local agencies in their efforts to create efficient, safe, and environmentally friendly transit options; 12. NOW, THEREFORE, in consideration of the premises and mutual covenants herein contained, the Parties enter into this Contribution Agreement to advance the purpose and intent of the Clean CA transit initiative, harnessing the legislative authority provided under California Streets and Highways Code Section 91.41, and collaborating on transit partnership projects that contribute to a sustainable, innovative, and well-connected transportation network throughout the State of California. Now, Therefore, based upon the terms, covenants, and conditions of this RGA, the parties agree as follows: Section I AGENCY Agrees: To timely and satisfactorily complete all Project work described in Attachment III ("Project Work") City Council 12 — 25 2/6/2024 City of Santa Ana Public Works Agency Agreement Number 12-TRANSIT-07 AMS ADV ID: 1224000029 Page 3 of 19 within the project budget and in accordance with the items of this RGA. Section 11 CALTRANS Agrees: That when conducting an audit of the costs claimed by AGENCY under the provisions of this RGA, to conduct the audit in accordance with applicable laws and regulations. Section III It Is Mutually Agreed: 1. Under this RGA, CALTRANS will convey State grant restricted funds to AGENCY, pursuant to Budget Act Line Item 2660-130-0001, and AGENCY will use the funds to only conduct the scope of work identified in this agreement and authorized by Streets and Highway Code section 91.41 The funds subject to this RGA must be identified as available to a public entity that is responsible for implementing the scope of work authorized under the Clean California Program in CALTRANS' budget, and AGENCY represents and warrants that it is a public entity that is responsible for implementing the scope of work authorized under the Clean California Program. 2. Under this restricted grant, funds may be only used for the purposes set forth in this RGA, AGENCY Resolution (Attachment IV), Approved Grant Application and Amendment(s) to Grant Application (Attachment III), and the Grant Program Guidelines (Attachment 1), and the funds may only be used for costs and expenses that are directly related to such purpose. 3. AGENCY shall perform all the duties and obligations described in SARTC Outdoor Water Fountain Renovation, hereinafter "Project", subject to the terms and conditions of this RGA and Approved Grant Application and Amendment(s) to Grant Application (Attachment 111), which are attached hereto as Attachment III. 4. The resolution authorizing AGENCY to execute this RGA pertaining to the above -described Project is attached hereto as Attachment IV. All services performed by AGENCY pursuant to this RGA shall be subject to and performed in accordance with California Streets and Highways Code §91.41 including, but not limited to, Government Code Section 14460(a)(1), as well as all applicable Federal, State, and Local laws, regulations, and ordinances, all applicable CALTRANS policies and procedures, and all applicable CALTRANS published manuals, including, but not limited to, the Grant Program Guidelines (Attachment 1). California Government Code Section 14460(a)(1) provides: "The department [CALTRANS], and external entities that receive state and federal transportation funds from the department, are spending those funds efficiently, effectively, economically, and in compliance with applicable state and Federal requirements. Those external entities include, but are not limited to, private for profit and nonprofit organizations, local transportation agencies, and other local agencies that receive transportation funds either through a contract with the department or through an agreement or grant administered by the department." City Council 12 — 26 2/6/2024 City of Santa Ana Public Works Agency Agreement Number 12-TRANSIT-07 AMS ADV ID: 1224000029 Page 4 of 19 6. Project funding is as follows: Fund Title Fund Source Dollar Amount Clean California Funds State General Fund (0001) Budget Item 2660-130-001 State Program Code 20.30.010.900 FY 2022/23 $173,215.00 FY 2023124 $326,785.00 Total Project Costs $600,000.00 For Caltrans Use Only I hereby Certify upon my own personal knowledge that budgeted funds are available for encumbrance. Jennie Yee 9126/2023 $500,000.00 Accounting Officer Printed Name Acco nting Off er Signature Date Amount Certified 7. This RGA is exempt from the legal review and approval by the Department of General Services, pursuant to Legal Opinions of the Attorney General: 58 Ops. Cal. Atty. Gen. 586 (1975), 63 Ops. Cal. Atty. Gen. 290 (1980), 74 Ops, Cal. Atty. Gen. 10 (1991), and 88 Ops. Cal. Atty. Gen. 56. 8. Notification of Parties a. AGENCY's Project Manager for Project is Michael Ortiz, (714) 647-5624. b. CALTRANS' District Partnership Liaison is Eric Corona, (949) 279-9092. "District Partnership Liaison" as used herein includes his/her designee. c. All notices herein provided_to be given, or which may be given, by either party to the other, shall be deemed to have been fully given when made in writing and received by the parties at their respective addresses: City of Santa Ana, Public Works Agency Attention: Michael Ortiz, Acting D.D. of Public Works Parks, Fleet, Facilities Phone Number: (714) 647-5624 Email: MOrtiz@santa-ana.org 20 Civic Center Plaza Santa Ana, California 92701 California Department of Transportation, District 12 Clean CA Partnership Liaison Attention: Eric Corona, Clean CA Program Manager Phone Number: (949) 279-9092 Email: eric.corona@dot.ca.gov Address: 1750 East Fourth Street, #100 Santa Ana, California 92705 City Council 12 — 27 2/6/2024 City of Santa Ana Public Works Agency Agreement Number 12-TRANSIT-07 AMS ADV ID: 1224000029 Page 5 of 19 9. Period of Performance a. Reimbursable work under this RGA shall begin no earlier than on September 1, 2023, following the written approval of CALTRANS and AGENCY's receipt of the Notice to Proceed letter of this RGA by CALTRANS. All reimbursable work shall terminate no later than December M, 2024. Project closeout and final invoicing to CALTRANS must be submitted no later than .tune 30, 2025. Work incurred after December 31, 2024 will not be reimbursed. Payment shall be forfeit for any and all invoicing submitted to CALTRANS after June 30, 2026. Notwithstanding the foregoing, Caltrans will reimburse for actual close out costs incurred by AGENCY through June 30, 2025 (which; -in total, shall not exceed 5% of the grant award). - -- b. If requested by the CALTRANS District Partnership Liaison, AGENCY will attend a kickoff meeting with CALTRANS to be scheduled within one (1) week from receipt of Notice to Proceed sent by CALTRANS. 10. Changes in Terms/Amendments This Agreement may only be amended or modified by mutual written agreement of the parties. 11. Cost Limitation a. The maximum total amount granted and reimbursable to AGENCY pursuant to this RGA by CALTRANS shall not exceed $600,000.00. b. It is agreed and understood that the Clean CA funds are limited to the amount granted. CALTRANS will only reimburse the cost of services actually incurred in accordance with the provisions of this RGA and as authorized by the CALTRANS District Partnership Liaison at or below that fund limitation established herein. 12. Termination a. CALTRANS reserves the right to terminate this RGA upon written notice to AGENCY at least 30 days in advance of the effective date of such termination in the event CALTRANS determines (at its sole discretion) that AGENCY failed to proceed with PROJECT Work in accordance with the terms of this RGA. In the event of termination for convenience, CALTRANS will reimburse AGENCY for all allowable, authorized, and non -cancelled costs up to the date of termination. AGENCY shall return any unused advance amounts which cannot be supported by eligible expenditure documentation. b. This RGA may be terminated by either party for any reason by giving written notice to the other party at least 30 days in advance of the effective date of such termination. In the event of termination for convenience, CALTRANS will reimburse AGENCY for all costs that are expressly allowable, pre -authorized in writing, and non -cancellable, up to the date of termination. c. AGENCY has 60 days after the Termination Date to submit accurate invoices to CALTRANS to make final allowable payments for Project costs in accordance with the terms of this RGA. Failure to submit invoices within this period of time shall result in a waiver by AGENCY of its right to reimbursement of expended costs. Costs that are reimbursed and later determined to be ineligible for reimbursement shall be returned by AGENCY to CALTRANS. 13. Budget Contingency Clause a. It is mutually agreed that if the US Congress or the State Legislature fail to appropriate or allocate funds during the current year and/or any subsequent years covered under this RGA do not appropriate sufficient funds for the program, this RGA shall be of no further force and effect. In this event, CALTRANS shall have no liability to pay any funds whatsoever to AGENCY or to City Council 12 — 28 2/6/2024 City of Santa Ana Public Works Agency Agreement Number 12-TRANSIT-07 AMS ADV ID: 1224000029 Page 6 of 19 furnish any other considerations under this RGA and AGENCY shall not be obligated to perform any provisions of this RGA. b. The certification of FY 2023/24 funds will be contingent upon the passage of the FY 2023/24 Budget. Payment for any work performed that is funded by FY 2023/24 will be delayed if the FY 2023/24 Budget is not signed by June 30, 2023. Pursuant to Government Code (GC), Section 926.10, no late payment penalty shall accrue during any time period for which no Budget Act in effect. c. If funding for any fiscal year is reduced or deleted by US Congress or State Legislature for purposes of this program, CALTRANS shall have the option to either terminate this RGA with no liability occurring to CALTRANS, or offer an RGA Amendment to AGENCY to reflect reduced amount. 14. Payment and Invoicing a. AGENCY, its contractors, subcontractors and sub -recipients shall establish and maintain an accounting system and records that properly accumulate and segregate incurred Project costs and matching funds by line. The accounting system of AGENCY, its contractors, all subcontractors, and sub -recipients shall conform to Generally Accepted Accounting Principles (GAAP) and any standards specified by the source of funds, to enable the determination of incurred costs at interim points of completion, and to provide support for reimbursement payment vouchers or invoices. b. The method of payment for this RGA will be based on the actual allowable costs that are incurred in accordance with the provisions of this RGA and in the performance of the Approved Grant Application and Amendment(s) to Grant Application (Attachment III). CALTRANS will reimburse AGENCY for expended actual allowable direct costs, and including, but not limited to, labor costs, travel, and contracted consultant services costs incurred by AGENCY in performance of the Project Work. Indirect costs are reimbursable only if the AGENCY has identified the estimated indirect cost rate in Attachment 11 and an approved Indirect Cost Allocation Plan or an Indirect Cost Rate Proposal as set forth in Section III —Cost Principles, Item 16d. The total cost shall not exceed the cost reimbursement limitation set forth in Section III —Cost Limitations, Item 1la. Actual costs shall not exceed the estimated wage rates, labor costs, travel, and other estimated costs and fees set forth in Attachment III without an amendment to this RGA, as agreed between CALTRANS and AGENCY. c. Reimbursement of AGENCY expenditures will be authorized only for those allowable costs actually incurred by AGENCY in accordance with the provisions of this RGA and in the performance of Project Work. AGENCY must not only have incurred the expenditures on or after the start date and the issuance of the Notice to Proceed fetter for this RGA and before the Expiration Date but must have also paid for those costs to claim any reimbursement. d. The AGENCY indirect cost rate must be approved in writing by the California Department of Transportation Independent Office of Audits and Investigations or federal cognizant agency before any reimbursement payment is made by CALTRANS to AGENCY for such cost. e. Travel expenses and per diem rates are not to exceed the rate specified by the State of California Department of Human Resources for similar employees (i.e. non -represented employees) unless written verification is supplied that government hotel rates were not then commercially available to AGENCY, its subrecipients, contractors, and/or subcontractors, at the time and location required as specified in the California Department of Transportation's Travel Guide Exception Process at the following link: https://travelpocketguide.dot.ca.govl. City Council 12 — 29 2/6/2024 City of Santa Ana Public Works Agency Agreement Number 12-TRANSIT-07 AMS ADV ID: 1224000029 Page 7 of 19 Also see website for summary of travel reimbursement rules. f. AGENCY shall submit invoices to CALTRANS at least quarterly, but no more frequently than monthly, in arrears upon completion of project tasks, milestone and/or deliverables in accordance with the Project Timeline in Attachment III to the satisfaction of CALTRANS District Partnership Liaison g.. Invoices shall reference this RGA Number and shall be signed and submitted to CALTRANS District Partnership Liaison, as stated in Section 111—Notification of Parties, Item 8c. h. Invoices shall include the following information: - 1) Names of the AGENCY personnel performing work 2) Dates and times of Project Work 3) Locations of Project Work 4) Itemized costs as set forth in Attachment III, including identification of each employee, contractor or subcontractor staff who provided services during the period of the invoice, the number of hours and hourly rates for each employee, contractor, sub -recipient or subcontractor staff member, authorized travel expenses with receipts, receipts for authorized materials or supplies, and contractor, subrecipient and subcontractor invoices. 5) AGENCY shall submit written progress reports with each set of invoices to allow CALTRANS District Partnership Liaison to determine if AGENCY is performing to expectations, is on schedule, is within funding cost limitations, to communicate interim findings, and to afford occasions for airing difficulties respecting special problems encountered so that remedies can be developed. i. Incomplete or inaccurate invoices shall be returned to the AGENCY unapproved for correction. Failure to submit invoices on a timely basis may be grounds for termination of this RGA for material breach per Section III --Termination, Item 12. j. CALTRANS will reimburse AGENCY for all allowable Project costs at least quarterly, but no more frequently than monthly, in arrears as promptly as CALTRANS fiscal procedures permit upon receipt of an itemized signed invoice. k. The RGA Expiration Date refers to the last date for AGENCY to incur valid Project costs or credits and is the date this RGA expires. AGENCY has until December 31, 2024 to make final allowable payments to Project contractors or vendors, and submit the Project's Final Report, as defined in Attachment I and a final invoice to CALTRANS for reimbursement for allowable Project costs. Any unexpended Project funds not invoiced by the 60th day will be reverted and will no longer be accessible to reimburse late Project invoices contractor. I. The final invoice will be paid upon submission by AGENCY to CALTRANS and acceptance by CALTRANS of the Final Delivery Report. Complete final delivery reports and invoices must be submitted to CALTRANS by June 30, 2026. 15. Quarterly Progress Reporting a. AGENCY shall submit written quarterly progress reports to the CALTRANS District Partnership Liaison to determine if AGENCY is performing to expectations, is on schedule, is within funding cost limitations, to communicate interim findings, and to afford occasions for airing difficulties respecting special problems encountered so that remedies can be developed. City Council 12 — 30 2/6/2024 City of Santa Ana Public Works Agency Agreement Number 12-TRANSIT-07 AMS ADV ID: 1224000029 Page 8 of 19 16, Cost Principles a. AGENCY agrees to comply with Title 2, Code of Federal Regulations (CFR), Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. b. AGENCY agrees, and will assure that its contractors, sub -recipients, in -kind contributors, and subcontractors will be obligated to agree, that (a) Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be used to determine the allowability of individual Project cost items and (b) and (b) all parties shall comply with Federal administrative procedures in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. Every sub -recipient receiving Project funds as a sub -recipient, contractor, or subcontractor under this RGA shall comply with Federal administrative procedures in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards to the extent applicable. c. Any Project costs for which AGENCY has received payment or credit that are determined by subsequent audit to be unallowable under 2 CFR, Part 200, and/or Part 48, Chapter 1, Part 31, are subject to repayment by AGENCY to CALTRANS. Should AGENCY fail to reimburse moneys due CALTRANS within 30 days of discovery or demand, or within such other period as may be agreed in writing between the parties hereto, CALTRANS is authorized to intercept and withhold future payments due AGENCY from CALTRANS or any third -party source, including, but not limited to, the State Treasurer, the State Controller or any other fund source. d. Prior to AGENCY seeking reimbursement of indirect costs, AGENCY must have identified estimated indirect cost rate in Attachment II, prepare and submit annually to CALTRANS for review and approval an indirect cost rate proposal and a central service cost allocation plan (if any) in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards and Chapter 5 of the Local Assistance Procedures Manual which may be accessed at: htts://dot.ca. ov/-/media/dot- media/programs/local-assistance/documents/lapm/ch0.5_.pdf e. AGENCY agrees and shall require that all its agreements with consultants and subrecipients contain provisions requiring adherence to this section in its entirety except for section c, above. 17. Americans with Disabilities Act By signing this Agreement, LOCAL AGENCY assures CALTRANS that in the course of performing Project Work, it will fully comply with the applicable provisions of the Americans with Disabilities Act (ADA) of 1990, as amended, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA (42 USC Section 12101 et seq.). 18. Iran Contracting Act Proposed Contractor must complete and submit to CALTRANS the Iran Contracting Act Certification certifying that it is not on the most current DGS list of Entities Prohibited from Contracting with Public Entities in California per the Iran Contracting Act, 2010 (hftps://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division-Resources-List- Folder/List-of-ineligible-Businesses), before the Agreement has been executed, unless Contractor is exempted from the certification requirement by Public Contract Code Section 2205(c) or (d). If City Council 12 — 31 2/6/2024 City of Santa Ana Public Works Agency Agreement Number 12-TRANSIT-07 AMS ADV ID. 1224000029 Page 9 of 19 claiming an exemption, the proposed Contractor shall provide written evidence that supports an exemption under Public Contract Code Section 2203(c) or (d) before execution of the Agreement. 19. Indemnification a. Neither CALTRANS nor any officer or employee thereof is responsible for any injury, damage, or liability occurring by reason of anything done or omitted to be done by AGENCY, its officers, employees, agents, its contractors, its subrecipients, or its subcontractors under or in connection with any work, authority, or jurisdiction conferred upon AGENCY under this RGA. It is understood and agreed that AGENCY shall fully defend, indemnify, and save harmless CALTRANS and all of CALTRANS' officers and employees from all claims, suits, or actions of every name, kind, and description brought forth under, including, but not limited to, tortuous, contractual, likeness statutes under California Civil Code §§ 3344 and 3344.1, inverse condemnation, or other theories or assertions of liability occurring by reason of anything done or omitted to be done by AGENCY, its officers, employees, agents, contractors, subrecipients, or subcontractors under this RGA. b. AGENCY agrees to fully defend, indemnify, and save harmless CALTRANS and all of its officers and employees from any and all claims, lawsuits, or legal actions, including reasonable attorneys' fees and legal costs, relating to intellectual property claims arising from or related to the Project and/or any work procured under this RGA, including but not limited to claims based on (1) U.S. federal or state trademark infringement laws, (2) patent infringement laws (3) 17 U.S.C. §§ 101-810 (the Copyright Act of 1976, as modified), (4) 17 U.S.C. § 106A(a) (the Visual Artists Rights Act of 1990, "VARA"), (5) 17 U.S.C. § 113, (6) California Civil Code § 987 (the California Art Preservation Act), California Civil Code §989, or (7) any other rights arising under U.S. federal or state laws or under the laws of any other country that conveys rights and protections of the same nature as those conveyed under 17 U.S.C. §106A(a) and California Civil Code §987, including intellectual property claims arising from or related to breach of contract, inverse condemnation, conversion, and/or taking of property. 20. Nondiscrimination Clause (2 CCR 11105 Clause b) a. During the performance of this RGA, the AGENCY, its contractors, its subrecipients, and its subcontractors shall not deny the contract's benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. AGENCY shall ensure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. b. AGENCY shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code Sections 12900 et seq.), the regulations promulgated thereunder (California Code of Regulations, Title 2, Sections 11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code Sections 11135-11139.5), and the regulations or standards adopted by CALTRANS to implement such article. c. AGENCY shall permit access by representatives of the Department of Fair Employment and Housing and CALTRANS upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours' notice, to such of its books, records, accounts, and all other City Council 12 — 32 2/6/2024 City of Santa Ana Public Works Agency Agreement Number 12-TRANSIT-07 AMS ADV ID: 1224000029 Page 10 of 19 sources of information and its facilities as said Department or CALTRANS shall require to ascertain compliance with this clause. d. AGENCY and its contractors, its sub -recipients, and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. e. AGENCY shall include the nondiscrimination and compliance provisions of this clause in all agreements with its sub -recipients, contractors, and subcontractors, and shall include a requirement in all agreements with all of same that each of them in turn include the nondiscrimination and compliance provisions of this clause in all contracts and subcontracts fihey enter into to perform work under this RGA. 21. Retention of Records/Audits a. AGENCY, its contractors, subcontractors, and sub -recipients, agree to comply with Title 2, Code of Federal Regulations (CFR), Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. b. AGENCY, its contractors, subcontractors, and sub -recipients shall establish and maintain an accounting system and records that properly accumulate and segregate incurred Project costs and matching funds by line. The accounting system of AGENCY, its contractors, all subcontractors, and sub -recipients shall conform to Generally Accepted Accounting Principles (GAAP), enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices. All accounting records and other supporting papers of AGENCY, its contractors, subcontractors and sub -recipients connected with Project performance under this RGA shall be maintained for a minimum of three (3) years from the date of final payment to AGENCY and shall be held open to inspection, copying, and audit by representatives of CALTRANS, the California State Auditor, and auditors representing the federal government. Copies thereof will be furnished by AGENCY, its contractors, its subcontractors, and sub -recipients upon receipt of any request made by CALTRANS or its agents. In conducting an audit of the costs and match credits claimed under this RGA, CALTRANS will rely to the maximum extent possible on any prior audit of AGENCY pursuant to the provisions of State and AGENCY law. In the absence of such an audit, any acceptable audit work performed by AGENCY's external and internal auditors may be relied upon and used by CALTRANS when planning and conducting additional audits. c. For the purpose of determining compliance with applicable State and AGENCY law in connection with the performance of AGENCY's contracts with third parties pursuant to Government Code Section 8546.7, AGENCY, AGENCY's sub -recipients, contractors, subcontractors, and CALTRANS, shall each maintain and make available for inspection all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts. All of the above referenced parties shall make such materials available at their respective offices at all reasonable times during the entire Project period and for three (3) years from the date of final payment to AGENCY under this RGA. CALTRANS, the California State Auditor, or any duly authorized representative of CALTRANS or the United States Department of Transportation, shall each have access to any books, records, and documents that are pertinent to a Project for audits, examinations, excerpts, and transactions, and AGENCY shall furnish copies thereof if requested. d. AGENCY, its subrecipients, contractors, and subcontractors will permit access to all records of employment, employment advertisements, employment application forms, and other pertinent City Council 12 — 33 2/6/2024 City of Santa Ana Public Works Agency Agreement Number 12-TRANSIT-07 AMS ADV ID: 1224000029 Page 11 of 19 data and records by the State Fair Employment Practices and Housing Commission, or any other agency of the State of California designated by CALTRANS, for the purpose of any investigation to ascertain compliance with this RGA. e. Additionally, all grants may be subject to a pre -award audit prior to execution of this RGA to ensure AGENCY has an adequate financial management system in place to accumulate and segregate reasonable, allowable and allocable costs. f. Any contract with a contractor, subcontractor, or sub -recipient entered into as a result of this RGA shall contain all the provisions of this article. 22. Adjudication of Facts in Disputes a. Any dispute concerning a question of fact arising under this RGA that is not disposed of by agreement shall be decided by the CALTRANS Contract Officer, who may consider any written or verbal evidence submitted by AGENCY. The CALTRANS Contract Officer shall issue a written decision within 30 days of receipt of the dispute. If AGENCY rejects the decision of the CALTRANS Contract Officer, AGENCY can pursue any and all remedies authorized by law. Neither party waives any rights to pursue remedies authorized by law. b. Neither the pendency of a dispute nor its consideration by CALTRANS Contract Officer will excuse AGENCY from full and timely performance in accordance with the terms of this RGA. 23. Third -Party Contracts a. AGENCY shall perform the work contemplated with resources available within its own organization and no portion of the work shall be contracted to a third party without prior written authorization by the CALTRANS District Partnership Liaison unless expressly included (subrecipient identified) in Attachment III as Project Work. b. All State -government -funded procurements must be conducted using a fair and competitive procurement process. AGENCY may use its own procurement procedures as long as the procedures comply with the local AGENCY's laws, rules, and ordinances governing procurement and all applicable provisions of State law, including, without limitation, the requirement that the AGENCY endeavor to obtain at least three (3) competitive bids for solicitation of goods, services, and consulting services (see Part 2, Chapter 2, Articles 3 and 4 of the Public Contract Code); a qualifications -based solicitation process, for which statements of qualifications are obtained from at least three (3) qualified firms for architecture and engineering services (see Title 1, Division 5, Chapter 10 of the Government Code); and, the applicable provisions of the State Contracting Manual (SCM), Chapter 5, which are not inconsistent with this Item 23, Third Party Contracts. The SCM can be found and the following link: https://www.dgs.ca.gov/OLS/Resources/Page- Content/Office-of-Legal-Services-Resources-List-Folder/State-Contracting. c. Any contract entered into as a result of this RGA shall contain all the provisions stipulated in this RGA to be applicable to AGENCY's sub -recipients, contractors, and subcontractors. Copies of all agreements with sub -recipients, contractors, and subcontractors, must be submitted to the CALTRANS District Partnership Liaison. d. CALTRANS does not have a contractual relationship with the AGENCY's subrecipients, contractors, or subcontractors, and the AGENCY shall be fully responsible for all work performed by its subrecipients, contractors, or subcontractors. City Council 12 — 34 2/6/2024 City of Santa Ana Public Works Agency Agreement Number 12-TRANSIT-07 AMS ADV ID: 1224000029 Page 12 of 19 e. Prior authorization in writing by the CALTRANS District Partnership Liaison shall be required before AGENCY enters into any non -budgeted sub -agreement. AGENCY shall provide an evaluation of the necessity or desirability of incurring such costs. AGENCY shall retain all receipts for such purchases or services and shall submit them with invoices per Section III —Payment and Invoicing, Item 14(e)(4), above. f. Any contract entered into by AGENCY as a result of this RGA shall mandate that travel and per diem reimbursements and third -party contract reimbursements to subrecipients, contractors, and subcontractors, will be allowable as Project costs only after those costs are incurred and - paid for by the subrecipients, contractors, and subcontractors. Travel expenses and per diem rates for subcontractors shall be reimbursed pursuant to Section III --Payment and Invoicing, Item 14c, above. 24. Drug -Free Workplace Certification By signing this RGA, AGENCY hereby certifies under penalty of perjury under the laws of California that AGENCY will comply with the requirements of the Drug -Free Workplace Act of 1990 (Gov. Code Sections 8350 et seq.) and will provide a Drug -Free workplace by doing all of the following: a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 8355(a). b. Establish a Drug -Free Awareness Program as required by Government Code Section 8355(a)(2) to inform employees about all of the following: 1) The dangers of drug abuse in the workplace. 2) The person's or organization's policy of maintaining a Drug -Free workplace. 3) Any available counseling, rehabilitation, and employee assistance programs. 4) Penalties that may be imposed upon employees for drug abuse violations. c. Provide, as required by Government Code Section 8355(a)(3), that every employee who works on the proposed contract or grant: 1) Will receive a copy of the company's Drug -Free policy statement. 2) Will agree to abide by the terms of the company's statement as a condition of employment on the contract or grant. d. Failure to comply with these requirements may result in suspension of payments under this RGA or termination of this RGA or both, and AGENCY may be ineligible for the award of any future state contracts if CALTRANS determines that any of the following has occurred: (1) AGENCY has made a false certification or, (2) AGENCY violates the certification by failing to carry out the requirements as noted above. 25. Relationship of Parties It is expressly understood that this agreement is executed by and between two (2) independent governmental entities and is not intended to, and shall not be construed to, create the relationship of agent, servant, employee, partnership, joint venture or association, or any other relationship whatsoever other than that of an independent party. City Council 12 — 35 2/6/2024 City of Santa Ana Public Works Agency Agreement Number 12-TRANSIT-07 AMS ADV ID: 1224000029 Page 13 of 19 26. State -Owned Data a. AGENCY agrees to comply with the following requirements to ensure the preservation, security, and integrity of State-owned data on portable computing devices and portable electronic storage media: 1) Encrypt all State-owned data stored on portable computing devices and portable electronic storage media using government -certified Advanced Encryption Standard (AES) cipher algorithm with a 256-bit or 128-bit encryption key to protect CALTRANS data stored on every sector of a hard drive, including temp files, cached data, hibernation files, and even unused disk space. 2) Data encryption shall use cryptographic technology that has been tested and approved against exacting standards, such as FIPS 140-2 Security Requirements for Cryptographic Modules. 3) Encrypt, as described above, all State-owned data transmitted from one computing device or storage medium to another. 4) Maintain confidentiality of all State-owned data by limiting data sharing to those individuals contracted to provide services on behalf of the State, and limit use of State information assets for State purposes only. 5) Install and maintain current anti -virus software, security patches, and upgrades on all computing devices used during the course of the Agreement. 6) Notify the CALTRANS District Partnership Liaison immediately of any actual or attempted violations of security of State-owned data, including lost or stolen computing devices, files, or portable electronic storage media containing State-owned data. 7) Advise the owner of the State-owned data, the AGENCY Information Security Officer, and the AGENCY Chief Information Officer of vulnerabilities that may present a threat to the security of State-owned data and of specific means of protecting that State-owned data. b. AGENCY agrees to use the State-owned data only for State purposes under this Agreement. c. AGENCY agrees to not transfer State-owned data to any computing system, mobile device, or desktop computer without first establishing the specifications for information integrity and security as established for the original data file(s) (State Administrative Manual (SAM) Section 5335.1). 27. Limited Grant of Rights to CALTRANS for Use of Educational Programming ("educational programming") Created or Produced for Project and Visual Art Located Outside of State Right -of - Way ("Artwork") Created or Produced for Project a. Educational programming: AGENCY shall obtain from any and all copyright owner(s) of educational programming a sublicensable, irrevocable, perpetual, royalty -free, unlimited, worldwide license to prepare derivative works, make, publish, display, and distribute two-dimensional reproductions and/or copies, digitally and in print, of the educational programming created or produced for Project under this RGA, or derivatives thereof, for non-commercial purposes or any State government purposes. This includes, but is not limited to, reproductions used in brochures, media publicity, public outreach campaigns (including television and social media campaigns), education, exhibition catalogues or other similar publication. AGENCY shall obtain any and all other intellectual property rights necessary to make this grant to CALTRANS as described in this RGA. City Council 12 — 36 2/6/2024 City of Santa Ana Public Works Agency Agreement Number 12-TRANSIT-07 AMS ADV ID: 1224000029 Page 14 of 19 AGENCY grants to CALTRANS an irrevocable, perpetual, royalty -free, sublicensable, unlimited, worldwide license to prepare derivative works, make, publish, display, and distribute two-dimensional reproductions and/or copies, digitally and in print, of the educational programming created or produced for Project under this RGA, or derivatives thereof, for non-commercial purposes or any State government purposes. This includes, but is not limited to, reproductions used in brochures, media publicity, public outreach campaigns (including television and social media campaigns), education, and exhibition catalogues or other similar publication. iii. When applicable, AGENCY shall obtain and provide to CALTRANS any and all - documentation CALTRANS reasonably determines is necessary or desirable to perfect the license or sublicense described in this RGA to CALTRANS. This documentation shall be provided to CALTRANS within fifteen (15) days of written notice that this documentation is required. iv. To the extent any logos, including trademarks or service marks, belonging to third parties and/or the AGENCY are used on educational programming created or produced for Project under this RGA, AGENCY agrees to obtain and grant all necessary rights for CALTRANS to use and allow agents of CALTRANS to use the logos in connection with use of the educational programming for non-commercial purposes or State government purposes. This includes but is not limited to reproductions used in brochures, media publicity, public outreach campaigns (including television and social media campaigns), education and exhibition catalogues or other similar publication. This documentation shall be provided to CALTRANS within fifteen (15) days of written notice that this documentation is required. b. Artwork: AGENCY shall obtain from the artist(s), or any other copyright owner(s) of Artwork, a sublicensable, irrevocable, perpetual, royalty -free, unlimited, worldwide license to prepare derivative works, make, publish, display, and distribute two-dimensional reproductions and/or copies, digitally and in print, of Artwork created or produced for Project under this RGA, or derivatives thereof, for non-commercial purposes or any State government purposes. This includes, but is not limited to, reproductions used in brochures, media publicity, public outreach campaigns (including television and social media campaigns), education, and exhibition catalogues or other similar publication AGENCY -shall -obtain any and all other intellectual property rights necessary to make this grant to CALTRANS as described in this RGA. ii. AGENCY grants to CALTRANS an irrevocable, perpetual, royalty -free, sublicensable, unlimited, worldwide license to prepare derivative works, make, publish, display, and distribute two-dimensional reproductions and/or copies, digitally and in print, of Artwork created or produced for Project under this RGA, or derivatives thereof, for non-commercial purposes or any State government purposes. This includes, but is not limited to, reproductions used in brochures, media publicity, public outreach campaigns (including television and social media campaigns), education, and exhibition catalogues or other similar publication. iii. AGENCY shall obtain and provide to CALTRANS any and all documentation CALTRANS reasonably determines is necessary or desirable to perfect the license or sublicense described in this RGA to CALTRANS. This documentation shall be provided to CALTRANS within fifteen (15) days of written notice that this documentation is required. City Council 12 — 37 2/6/2024 City of Santa Ana Public Works Agency Agreement Number 12-TRANSIT-07 AMS ADV ID: 1224000029 Page 15 of 19 28. Government Purpose Rights for Inventions a. Inventions are any idea, methodologies, design, concept, technique, invention, discovery, improvement or development regardless of patentability made solely by AGENCY or jointly with the AGENCY's contractor, subcontractor and/or subrecipient during the term of this RGA and in performance of any work under this RGA, provided that either the conception or reduction to practice thereof occurs during the term of this RGA and in performance of work issued under this RGA. b. CALTRANS will have Government Purpose Rights to any inventions created as a result of the Project. "Government Purpose Rights" are the unlimited, irrevocable, worldwide, perpetual, royalty -free, non-exclusive rights, and licenses to use, modify, reproduce, perform, release, display, create derivative works from, and disclose any said invention. "Government Purpose Rights" also include the right to release or disclose said invention(s) outside CALTRANS for any State government purpose and to authorize recipients to use, modify, reproduce, perform, release, display, create derivative works from, and disclose the invention(s) for any State government purpose. "Government Purpose Rights" do not include any rights to use, modify, reproduce, perform, release, display, create derivative works from, or disclose the invention(s) for any commercial purpose. 29. Additional Intellectual Property Provisions a. To the extent any intellectual property is created or produced for Project under this RGA, and not covered in other provisions of this RGA, AGENCY agrees to take reasonable steps to ensure that CALTRANS has the rights necessary to allow for use of the intellectual property in a fashion substantially similar to other rights for non-commercial uses and State government purposes described in this RGA. b. If additional uses are reasonably determined to be needed by CALTRANS for public outreach purposes, AGENCY will obtain rights and grant CALTRANS and its agents said additional rights for use of the "Before" and "After" Project photos, Artwork created or produced for Project under this RGA, and educational programming created or produced for Project under this RGA. The grant will be an irrevocable, non-exclusive, perpetual, royalty -free, sublicensable, unlimited, worldwide license. c. When requested to so do by AGENCY, all reproductions and/or copies by CALTRANS of "Before" or "After" Project photographs, educational programming, and Artwork shall contain a credit to the Artist/ Copyright owner(s) and a copyright notice in substantially the following form: C [Artist/Copyright owner's name, date of publication]. AGENCY bears sole responsibility to promptly notify CALTRANS, in writing, about instances where such accreditation is requested and provide the Artist/ Copyright owner's name and date of publication. CALTRANS will make reasonable efforts to affix the copyright notice in a timely manner. d. Required disclaimer language for educational programming and Artwork created or produced for Project under this RGA. i. Educational programming: AGENCY must place a disclaimer statement in a conspicuous manner on the educational programming created or produced for Project under this RGA a disclaimer that states the content of the educational programming does not reflect the official views or policies of CALTRANS. The educational programming does not constitute a standard, specification, or regulation. ii. Artwork: AGENCY must place a disclaimer statement in a conspicuous manner on or in close proximately to the Artwork created or produced for Project under this RGA a City Council 12 — 38 2/6/2024 City of Santa Ana Public Works Agency Agreement Number 12-TRANSIT-07 AMS ADV ID: 1224000029 Page 16 of 19 disclaimer statement that the contents of the artwork do not reflect the official views or policies of CALTRANS. e. Avoidance of Infringement: In performing work under this RGA, AGENCY and its employees agree to avoid designing or developing any items that infringe one or more patents or other intellectual property rights of any third party. If AGENCY or its employees becomes aware of any such possible infringement in the course of performing any work under this RGA, AGENCY or its employees shall immediately notify CALTRANS in writing. Contractors, Subcontractors, and Subrecipients: Through contract with its sub -recipients, contractors, and subcontractors, AGENCY shall affirmatively bind by contract all of its contractors, subcontractors, subrecipients, and service vendors (hereinafter "AGENCY's ContractorlSubcontractorlSubrecipient") providing services under this RGA to conform to the provisions of paragraphs 31-33 of this RGA. In performing services under this RGA, AGENCY's ContractorlSubcontractorlSubrecipient shall agree to avoid designing or developing any items that infringe one (1) or more patents or other intellectual property rights of any third party. If AGENCY's ContractorlSubcontractorlSubrecipient becomes aware of any such possible infringement in the course of performing any work under this RGA, AGENCY's ContractorlSubcontractorlSubrecipient shall immediately notify the AGENCY in writing, and AGENCY will then immediately notify CALTRANS in writing. 30. Visual Art Located on California State Right -of -Way AGENCY agrees if Project involves visual art located on California State right-of-way, Project must be submitted and adhere to CALTRANS' most current Transportation Art Proposal process, policies, guidelines, and requirements. Information regarding CALTRANS' Transportation Art program can be found at https:lldot.ca.aovlproarams/design/lap-landscape-architecture-and- communit-livabilit /la -liv -trans ortation-art. AGENCY bears sole responsibility for ensuring that any Project will be timely submitted through CALTRANS' Transportation Art Proposal process, approved, and installed prior to any deadlines as required by this RGA. a. AGENCY acknowledges that funds provided by CALTRANS under this RGA shall not be used for maintenance outside of the project time limits as provided in this RGA. b. AGENCY acknowledges that the CALTRANS' Transportation Art Proposal process requires, among other things, CALTRANS ownership of any tangible visual final artwork, an unlimited, irrevocable copyright assignment to CALTRANS of the final artwork, and waiver of moral rights under California Civil Code § 987 (the California Art Preservation Act) and 17 U.S.C. § 106A(a) (the Visual Artists Rights Act of 1990, "VARK) of the final artwork. c. AGENCY acknowledges that any submittal to the CALTRANS' Transportation Art Proposal process includes restrictions on the type of work that can be located on California State right-of- way. 31. Assumption of Risk and Indemnification Regarding Exposure to Environmental Health Hazards In addition to, and not a limitation of, Contractor's indemnification obligations contained elsewhere in this Agreement, Contractor hereby assumes all risks of the consequences of exposure of Contractor's employees, agents, Subcontractors, Subcontractors' employees, and any other person, firm, or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, to any and all environmental health hazards, local and otherwise, in connection with the performance of this Agreement. Such hazards include, City Council 12 — 39 2/6/2024 City of Santa Ana Public Works Agency Agreement Number 12-TRANSIT-07 AMS ADV ID: 1224000029 Page 17 of 19 but are not limited to, bodily injury and/or death resulting in whole or in part from exposure to infectious agents and/or pathogens of any type, kind or origin. Contractor also agrees to take all appropriate safety precautions to prevent any such exposure to Contractor's employees, agents, Subcontractors, Subcontractors' employees, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement. Contractor also agrees to indemnify and hold harmless CALTRANS, the State of California, and each and all of their officers, agents and employees, from any and all claims and/or losses accruing or resulting from such exposure. Except as provided by law, Contractor also agrees that the provisions of this paragraph shall apply regardless of the existence or degree of negligence or fault on the part of CALTRANS, the State of California, and/or any of their officers, agents and/or employees. 32. Mandatory Organic Waste Recycling It is understood and agreed that pursuant to Public Resources Code Sections 42649.8 et seq., if Contractor generates two (2) cubic yards or more of organic waste or commercial solid waste per week, Contractor shall arrange for organic waste or commercial waste recycling services that separate/source organic waste for organic waste recycling. Contractor shall provide proof of compliance, i.e. organic waste recycling services or commercial waste recycling services that separate/source organic waste recycling, upon request from CALTRANS District Partnership Liaison 33. Project Close Out/Closeout Report a. AGENCY will provide a final close out report to the CALTRANS District Partnership Liaison no later than June 30, 2025. CALTRANS reserves the right to inspect the project location prior to approving the final invoice and closeout report. b. CALTRANS reserves the right to withhold final payment to AGENCY pending receipt and approval of the final closeout report by the CALTRANS District Partnership Liaison. c. Payments shall be forfeit of work incurred after December 31, 2024. 34. ADA Compliance All entities that provide electronic or information technology or related services that will be posted online by CALTRANS must be in compliance with Government Code Sections 7405 and 11135 and the Web Content Accessibility Guidelines (WCAG) 2.0 or subsequent version, published by the Web Accessibility Initiative of the World Wide Web Consortium at a minimum Level AA success. All entities will respond to and resolve any complaints/deficiencies regarding accessibility brought to their attention. 35. Prevailing Wages and Labor Code Compliance AGENCY shall comply with any and all applicable labor and prevailing wage requirements in Labor Code Sections 1720 through 1815 and implementing regulations for any public works or maintenance contracts and subcontracts executed for the AGENCY's work on or for the Project. 36. In the event of any inconsistency between the provisions which constitute this RGA, the following order of precedence shall apply: This Restricted Grant Agreement (as amended); City Council 12 — 40 2/6/2024 City of Santa Ana Public Works Agency Agreement Number 12-TRANSIT-07 AMS ADV ID: 1224000029 Page 18of19 II. The CALTRANS Local Grant Program Guidelines; III. Approved Indirect Cost Rate (if applicable); IV. Approved Grant Application (as amended); and V. AGENCY Resolution. 37. Survival AGENCY's representations, the indemnification provisions in paragraph 21, intellectual property provisions in paragraphs 30, 31, 32, and 33, and all other provisions which by their inherent character establish ongoing obligations shall remain in full force and effect, regardless of any expiration and/or termination of this RGA. 38. Sanctions No agreements under this RGA shall be made with individuals and/or entities that are determined to be a target of sanctions by the State of California while such sanctions are in effect. Section IV Attachments: The following attachments are incorporated into, and are made a part of this RGA by this reference and attached hereto. I. Clean CA Transit Partnership Program Guidelines II. Approved Indirect Cost Rate (if applicable) III. Approved Grant Application and Amendment(s) to Grant Application (if applicable) IV. AGENCY Resolution In Witness Whereof, the parties hereto have executed this RGA on the day and year first herein above written: AGENCY NAME (f1t� df BY: Printed Name: Nabil Saba Title: Executive Director of Public Works Date: 2o1 zo-2-3 City Council 12 — 41 2/6/2024 City of Santa Ana Public Works Agency Agreement Number 12-TRANSIT-07 AMS ADV ID: 1224000029 Page 19 of 19 CALTRANS DISTRICT PARTNERSHIP LIAISON CLEAN CALIFORNIA PROGRAM By: Printed Name: Eric Corona Title: Clean CA Program Manager Date: 12/21/2023 CALIFORNIA DEPARTMENT OF TRANSPORTATION CLEAN CALIFORNIA PROGRAM By: HaltcrY ec 22. 202212'. 18 PST; Printed Name: Walter Yu Title: Clean California Program Director Date: 12/22/2023 City Council 12 — 42 2/6/2024 12-Transit-07 - RGA FINAL Final Audit Report Created: 2023-12-22 By: Dallia Foster (sl20989@dot.ca.gov) Status: Signed Transaction ID: CBJCHBCAABAA22ceNWokmb07ecXdndnb9C1F0oP96bbG "12-Transit-07 - RGA FINAL" History Document created by Dallia Foster (s120989@dot.ca.gov) 2023-12-22 - 4:05:48 PM GMT Document emailed to Walter Yu (walter.yu@dot.ca.gov) for signature 2023-12-22 - 4:06:45 PM GMT 650 Document e-signed by Walter Yu (walter.yu@dot.ca.gov) Signature Date: 2023-12-22 - 8:18:02 PM GMT - Time Source: server Agreement completed. 2023-12-22 - 8:18:02 PM GMT 2023-12-22 C** Powered by 12-43 2/6/2024 Public Works Agency www.santa-ana.org/public-works Item # 13 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report February 6, 2024 TOPIC: Purchase of Eight Chevrolet EV Blazer SUVs for Various City Agencies AGENDA TITLE Approve an Appropriation Adjustment and Award a Purchase Order to Santa Ana Guaranty Chevrolet Motors, Inc. for Eight EV Blazer SUVs, in an Amount Not -to -Exceed $563,304 (Bid No. 23-184A) (Non -General and General Fund) RECOMMENDED ACTION 1. Approve an appropriation adjustment recognizing $214,364 in prior -year fund balance in the Air Quality Improvement (AB 2766) Fund, Prior Year Carry Forward revenue account and appropriate the same amount into the Fleet Services -Air Quality Improvement expenditure account. (Requires five affirmative votes) 2. Authorize a one-time purchase and payment of purchase order to Santa Ana Guaranty Chevrolet Motors, Inc. for eight Chevrolet EV Blazer SUVs, in an amount not -to -exceed $518,304, with a $45,000 contingency. GOVERNMENT CODE §84308 APPLIES: No DISCUSSION The Public Works Agency's Parks, Fleet, and Facilities Services Division is responsible for the acquisition, maintenance, repair, and replacement of vehicles, trucks, and maintenance equipment. The Fleet Services team routinely strategizes to implement green measures that advance the California Clean Air Act mobile source emission reduction goals. Adopted in 1990, California Assembly Bill 2766 (AB 2766) allows motor vehicle subvention fund recipients to replace conventionally fueled vehicles with lower emission and zero emission vehicles. To further reduce the City's carbon footprint, greenhouse gas emissions, and overall operational maintenance cost, the Fleet Services Division is requesting to purchase three Chevrolet EV Blazer SUVs for the Public Works Agency and two Chevrolet EV Blazer SUVs for the Community Development Agency. In addition, the Planning and Building Agency has recently hired three Code Enforcement Officers, which would require additional vehicles for the Officers to conduct daily inspections within the city. The Planning and Building Agency has determined they have enough budget to request the purchase of three Chevrolet EV Blazer SUVs. City Council 13 — 1 2/6/2024 Purchase of Eight Chevrolet EV Blazer SUVs for Various City Agencies February 6, 2024 Page 2 The Invitation for Bids (IFB) No. 23-184A (Exhibit 1) was advertised on December 13, 2023 on the City's online bid management and publication system. A summary of IFB vendor participation and results is as follows: 184 Vendors notified 22 Santa Ana vendors notified 9 Vendors downloaded the bid packet 1 Bids received 1 Bid received from Santa Ana vendors Bids were solicited, opened on January 3, 2024, and have been evaluated. One bid was submitted by the IFB deadline. Guaranty Chevrolet Motors, Inc. of Santa Ana, CA, only submitted bid pricing for all five EV Blazer SUVs. The bid submitted by Santa Ana Guaranty Chevrolet Motors, Inc. was determined to be the lowest, responsible bid, was responsive to the specifications for the vehicles, and met the City's requirements (Exhibit 2). Staff recommends awarding a Purchase Order to Guaranty Chevrolet Motors, Inc., the sole bidder, for the purchase of these eight EV Blazer SUVs. Santa Ana Guaranty Chevrolet Motors, Inc. has successfully done business with the City for over 11 years, and consistently provides competitive pricing and responsible bids in response to the competitive solicitations released by Purchasing for the Public Works Agency on behalf of City departments. FISCAL IMPACT With the approval of the requested appropriation adjustment, $214,364 will be recognized in prior -year fund balance in the Air Quality Improvement (AB 2766) Fund, Prior Year Carry Forward revenue account (No. 03117002-50001) and appropriate the same amount into the Fleet Services -Air Quality Improvement, Machinery and Equipment expenditure account (No. 03117101-66400). Funding is available in FY 2023-24 budget and available for expenditures in the Housing Asset, Housing Authority Funds, and Planning and Building Agency. Fiscal Year Accounting Fund Accounting Unit, Amount Unit- Description Account Description Account # Appropriation Adjustment 03117101- Air Quality Fleet Services -Air FY 23-24 66400 Improvement Quality Improvement, $214,364 Machinery & Equipment Existing Budget City Council 13 — 2 2/6/2024 Purchase of Eight Chevrolet EV Blazer SUVs for Various City Agencies February 6, 2024 Page 3 Fiscal Year Accounting Fund Accounting Unit, Amount Unit- Description Account Description Account # FY 23-24 60718810- Housing Asset Housing Asset Admin, $69,788 66410 Vehicle Purchase 14018760- Housing Housing Authority- FY 23-24 66410 Authority Vouchers ADM, Vehicle $69,788 Purchase Air Quality Planning and Building FY 23-24 03116510- Improvement Agency -Air Quality $107,000 66400 (AB 2766) Improvement, Machinery & Equipment Code 01116540- Enforcement, Planning and Building FY 23-24 66400 Community Agency, $102,364 Preservation Machinery & Equipment TOTAL $563,304 EXHIBIT(S) 1. Abstract of Bids 2. Chevrolet EV Blazer SUV Sample Picture Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency Approved By: Tom Hatch, Interim City Manager City Council 13 — 3 2/6/2024 ABSTRACT OF BIDS CHEVROLET BLAZER EV (23-184A) BIDDER Guaranty Chevrolet Motors, Inc. LOCATION Santa Ana, CA EXHIBIT 1 TOTAL $64,788 City Council 13 — 4 2/6/2024 Ll 94 JP' 9 7 IF. THE FIRST -EVER ALL -El ECTRIC BLAZER'EV V OF (As -U&r r t Public Works Agency www.santa-ana.org/public-works Item # 14 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report February 6, 2024 TOPIC: Purchase of Ten Traffic Signal Controller Cabinets AGENDA TITLE Award a Purchase Order to Econolite Control Products, Inc. in an Amount of $94,720 (Bid No. 23-176) (Non -General Fund) RECOMMENDED ACTION Authorize a one-time purchase and payment of purchase order to Econolite Control Products, Inc. for ten assembled traffic signal controller cabinets in an amount of $94,720 plus a contingency of $5,000, for a total amount not to exceed $99,720. GOVERNMENT CODE 484308 APPLIES: No DISCUSSION The City of Santa Ana currently maintains and operates 306 traffic signals, many of which have outdated cabinets. Often, these cabinets fail due to traffic collisions, electrical surges, rust, or copper wire vandalism. Once the traffic signal controller cabinets are compromised, they must be replaced immediately to minimize delay and traffic congestion impacts to the public. To expedite cabinet replacement, staff recommends the purchase of ten traffic signal controller cabinets that meet current Caltrans standards. These cabinets will be provided to the traffic signal maintenance Contractor on an as -needed basis for installation. The Invitation for Bids (IFB) No. 23-176 was advertised on December 1, 2023 on the City's online bid management and publication system, PlanetBids. A summary of IFB vendor participation and results is as follows: 350 Vendors notified 25 Santa Ana vendors notified 25 Vendors downloaded the bid packet 3 Bids received 0 Bids received from Santa Ana vendors Bids were solicited, opened on December 14, 2023, and evaluated. Three bids were submitted by the IFB deadline, and the bid submitted by Econolite Control Products, Inc. of Anaheim, CA, was determined to be the lowest, responsible bid, was responsive to the specifications of the assembled traffic control signal cabinets, and met the City's City Council 14-1 2/6/2024 Purchase of Ten Traffic Signal Controller Cabinets February 6, 2024 Page 2 requirements. Staff recommends awarding a purchase order to Econolite Control Products for the purchase of ten traffic signal controller cabinets. FISCAL IMPACT The following table summarizes the funds budgeted in FY 2023-24 and available for expenditure. Fiscal Year Accounting Unit- Fund Accounting Unit, Amount Account # Description Account Description Traffic Signal 2023-24 02917620-62300 Special Gas Tax Maintenance, $99,720 Contract Services - Professional TOTAL $99,720 EXHIBIT(S) 1. Bid Abstract Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency Approved By: Tom Hatch, Interim City Manager City Council 14 — 2 2/6/2024 ABSTRACT OF BIDS Assembled Traffic Control Signal Cabinets (23-176) BIDDER LOCATION TOTAL Econolite Control Products, Inc. Anaheim, CA $94,720 McCain, Inc. Morgan Ingland Vista, CA Morgan Hill, CA EXHIBIT 1 $ 108,100.00 $ 191,279.00 City Council 14 — 3 2/6/2024 Public Works Agency www.santa-ana.org/public-works Item # 15 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report February 6, 2024 TOPIC: Award Blanket Order Contracts for Water Meter Boxes and Lids AGENDA TITLE Award Aggregate Inventory Blanket Order Contracts for Water Meter Boxes and Lids to Core & Main and Ferguson Enterprises LLC, dba Ferguson Water Works, in a Total Aggregate Amount Not to Exceed of $3,000,000 for a three-year term beginning February 6, 2024 and Expiring February 5, 2027, With Provisions for up to Three Additional One -Year Renewal Periods (Specification No. 23-102) (Non -General Fund) RECOMMENDED ACTION Award Blanket Order Contracts to Core & Main and Ferguson Enterprises LLC, dba Ferguson Water Works, to provide water meter boxes and lids for a shared aggregate amount not to exceed $3,000,000, for a three-year term beginning February 6, 2024 and expiring February 5, 2027, with provisions for three, one-year renewal periods, in accordance with each vendor's respective contract terms and conditions. GOVERNMENT CODE §84308 APPLIES No DISCUSSION The Public Works Agency's Water Resources Division (Water Resources) oversees and maintains the daily operations of the water system and sanitary sewer system. The City's water system is comprised of approximately 478 miles of water mains supplying the City's drinking water and sanitary sewer system having approximately 390 miles of sewer mains serving 333,000 residents and businesses of the City of Santa Ana. The Invitation for Bids (IFB) No. 23-102 was advertised on October 31, 2023 and offers were solicited. A summary of the bidding process is as follows: 40 Vendors Were Notified 23 Vendors Downloaded the IFB 4 Santa Ana Vendors Notified 2 Bids Received 1 Bid Received from Santa Ana Vendors City Council 15 — 1 2/6/2024 Award a Blanket Order Contract for Water Meter Boxes and Lids February 6, 2024 Page 2 Two bids were received, opened on November 28, 2023, and evaluated. Bids by Core & Main and Ferguson Enterprises LLC, dba Ferguson Water Works, a Santa Ana vendor, were determined to be responsive to the specifications and meet the City's requirements. Local Outreach Efforts The Purchasing Division advertised this project on the City's online bid management and publication system, which directly notified four Santa Ana vendors, one of which downloaded the IFB and submitted a bid for consideration. FISCAL IMPACT Funding is available in the current FY 2023-24 budget and funding for subsequent fiscal years will be included in the proposed budgets for City Council consideration. Fiscal Accounting Fund Accounting Unit, Amount Year Unit — Description Account Account # Description 06017646-63001 Water Water Meter 187,500 2023-24 Services, Feb - Jun Miscellaneous Operating Expenses 2024-25 06017646-63001 Water Water Meter 500,000 Services, Miscellaneous Operating Expenses 2025-26 06017646-63001 Water Water Meter 500,000 Services, Miscellaneous Operating Expenses 2026-27 06017646-63001 Water Water Meter 500,000 Services, Miscellaneous Operating Expenses 2027-28 06017646-63001 Water Water Meter 500,000 Services, Miscellaneous Operating Expenses 2028-29 06017646-63001 Water Water Meter 500,000 Services, Miscellaneous Operating Expenses 2029-30 06017646-63001 Water Water Meter 312,500 Jul - Feb Services, City Council 15 — 2 2/6/2024 Award a Blanket Order Contract for Water Meter Boxes and Lids February 6, 2024 Page 3 Miscellaneous Operating Expenses TOTAL $3,000,000 EXHIBIT(S) 1. Bid Abstract Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency Approved By: Tom Hatch, Interim City Manager City Council 15 — 3 2/6/2024 City of Santa Ana IFB 23-102 Bid Results for Project Water Meter Boxes & Lids Bid Due on November 28, 2023 2:00 PM (PDT) Core & Main St. Louis, MO Feguson Enterprises LLC dba Ferguson Waterworks Santa Ana, CA em No. Description Unit Pricing Ext. Pricing Unit Pricing Ext. Pricing 1 DFW 486WBC4-12-Body: DFW 11"X18"X12" GRAY "WIDE BODY" METER BOX BODY POLYMER H2O RATED 1000 EA $ 93.11 $ 93,110.00 $ 86.53 $ 86,530.00 2 DFW 1640C4-12 Body: DFW 17"X30"X12" GRAY "WIDE BODY" METER BOX BODY POLYMER H2O RATED 150 EA $ 127.34 $ 19,101.00 $ 118.35 $ 17,752.50 3 DFW486C-AF4F 63D NHK Lid: DFW 18"X11" GRAY METER BOX LID ONLY 2000 EA $ 54.60 $ 109,200.00 $ 50.32 $ 100,640.00 4 DFW713-AF4F 63D NHK-Lid: DFW 13"X7" GRAY METER BOX LID ONLY 1200 EA $ 25.22 $ 30,264.00 $ 23.44 $ 28,128.00 5 DFW914C-AF4F 63D NHK-Lid: DFW 9"X14" GRAY METER BOX LID ONLY 300 EA $ 36.45 $ 10,935.00 $ 33.87 $ 10,161.00 6 DFW36C-AF4F 63D NHK-Lid: DFW 16"x11"x1-7/8" GRAY METER BOX LID ONLY 2000 EA $ 46.05 $ 92,100.00 $ 42.50 $ 85,000.00 7 DFWPW5C-AF4F 63D NHK-Lid: DFW 21X11 "C" GRAY METER BOX LID ONLY 60 EA $ 70.18 $ 4,210.80 $ 65.23 $ 3,913.80 8 DFW1640C-AF4F 63D NHK-Lid: DFW 30"X17"X1-7/8" GRAY METER BOX LID ONLY 300 EA $ 119.77 $ 35,931.00 $ 111.31 $ 33,393.00 9 DFW1812SA-AFAF 63D NHK-Lid: DFW 19"X12"X3/4" GRAY METER BOX LID ONLY 300 EA $ 48.31 $ 14,493.00 $ 44.90 $ 13,470.00 Subtotal $ 621.03 $ 409,344.80 $ 576.45 $ 378,988.30 Description lUnit Pricing Ext. Pricing Unit Pricing Ext. Pricing 10 Oldcastle Duralite 1730 Box: 20-1/2"X33-1/2"X12" BOX 1 EA $ 697.23 $ 697.23 $ 528.26 $ 528.26 11 Oldcastle Fibrelyte FL12T Box: 19"X12-3/8"X12" 1 EA $ 202.25 $ 202.25 $ 148.86 $ 148.86 12 Oldcastle FL12P Lid: 18-1/8"X11-1/4"X1-3/4" LID ONLY 1 EA $ 113.32 $ 113.32 $ 83.40 $ 83.40 13 Oldcastle FL36P Lid 30-1/2"X17-1/2" LID ONLY 1 EA $ 320.09 $ 320.09 $ 235.59 $ 235.59 Subtotal $ 1,332.89 $ 1,332.89 $ 996.11 $ 996.11 MISC For items not specified herein, vendor must enter minimum percentage (%) discount offered to the City at the unit price. Discount from vendor's price list shall remain firm throughout the term of the contract. Lot 1 10% 10% D Lead Time (number of business days from date of order placement) Days 1 1 60 1 42-56 Total $ 1,953.92 $ 410,677.69 1 $1,572.56 1 $379,984.41 Buyer Notes City Council 15 - 4 2/6/2024 Public Works Agency www.santa-ana.org/public-works Item # 16 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report February 6, 2024 TOPIC: Santa Ana Regional Transportation Center — Lease Agreement AGENDA TITLE Approve an Appropriation Adjustment and a Lease Agreement with RailWorks Track Services, Inc. for Office Space at the Santa Ana Regional Transportation Center for a Five -Month Term with 12 One -Month Extensions, for a Total Amount of $73,031 (Non - General Fund) RECOMMENDED ACTION Authorize the City Manager to execute a site lease agreement with Railworks Track Services, Inc. to compensate the City $4,356 per month, with any partial month prorated at $145 per day, for the lease of 1,452 square feet of office space located at the Santa Ana Regional Transportation Center, for a five -month term beginning February 6, 2024 and ending June 30, 2024, with the option of 12 one -month extensions, for a total of $73,031 in lease revenue for the entire term of the agreement, including the optional extensions (Agreement No. A-2024-XXX). 2. Approve an appropriation adjustment recognizing Fiscal Year 2023-24 lease income in the amount of $20,759 into the SARTC Operations, Rental-RailWorks revenue account and appropriate the same amount to the SARTC Operations, Contractual Services -Professional expenditure account (Requires five affirmative votes). GOVERNMENT CODE §84308 APPLIES: Yes DISCUSSION The Santa Ana Regional Transportation Center (SARTC) is a regional transportation hub that brings together Amtrak, Metrolink, Orange County Transportation Authority (OCTA), interstate bus services, and in the future, the OC Streetcar. The facility is open to the public seven days a week from 5:00 a.m. to midnight and contains approximately 35,000 square feet of rental space, including ten bus bays. The OC Streetcar is the first modern streetcar project to be built in Orange County. It will service Santa Ana's historic downtown which includes federal, state, and local courthouses, government offices, colleges, an artists' village, and a thriving restaurant scene. The OC Streetcar will operate along a 4.15-mile route that connects SARTC and a new transit hub at Harbor Boulevard and Westminster Avenue in Garden Grove. City Council 16 — 1 2/6/2024 Santa Ana Regional Transportation Center — Lease Agreement February 6, 2024 Page 2 OCTA is the lead agency for the OC Streetcar Project. OCTA selected Walsh Construction as the Contractor for the project. SARTC quickly became a central hub for contractors working on the Streetcar Project due to the close proximity to the project site. RailWorks Track Services has been an active contractor of this project and has been leasing office space at SARTC since April 2021. As the OC Streetcar project continues, staff recommends continuing to lease Suite 103 consisting of 1,452 square feet of office space at SARTC until June 30, 2024, with the option of 12 one -month extensions. Staff seeks approval of the lease agreement, which will generate revenue for SARTC's day-to-day operations. Tenant has the ability to terminate with a 30-day notice. FISCAL IMPACT Approval of the site lease agreement obligates RailWorks Track Services, Inc. to compensate the City $73,031 for the term of the lease agreement, including the option for twelve one -month renewal options, for lease of interior office space at the SARTC. Approval of the appropriation adjustment will recognize Fiscal Year 2023-24 lease income in the amount of $20,759 into the SARTC Operations, Rental-RailWorks revenue account (No. 06717002-53832) and appropriate the same amount to the SARTC Operations, Contractual Services expenditure account (No. 06717650-62300). Accounting Fund Accounting Unit, Fiscal Year Unit - Description Account Amount Account # Description Appropriation Adjustment Public Works- Regional 2023-24 06717650- Transportation SARTC Operations, $20,759 (Feb -June) 62300 Contract Services- Center Professional Optional Renewal Public Works- Regional 2024-25 06717650- Transportation SARTC Operations, $52,272 62300 Contract Services- Center Professional TOTAL $73,031 EXHIBIT(S) 1. Lease Agreement with RailWorks Track Services, Inc Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency Approved By: Tom Hatch, Interim City Manager City Council 16 — 2 2/6/2024 EXHIBIT 1 LEASE AGREEMENT BY AND BETWEEN THE CITY OF SANTA ANA AND RAIL WORKS TRACK SERVICES, INC. FOR USE OF THE SANTA ANA REGIONAL TRANSPORTATION CENTER FACILITIES THIS LEASE (the "Lease") is made as of February 6, 2024, by and between the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City" or "Landlord"), and RailWorks Track Services, Inc. ("Tenant"). 1. EXHIBITS: The following exhibits are attached hereto and incorporated herein by reference: Exhibit "A" The Premises Exhibit `B" Additional Lease Conditions 2. PREMISES: Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, upon the terms, covenants and subject to the conditions set forth herein, a portion of the property located at 1000 East Santa Ana Boulevard in the City of Santa Ana, commonly known as the Santa Ana Regional Transportation Center (SARTC). Specifically, Tenant will be leasing the portion identified as Suite 103, consisting of approximately 1,452 square feet of interior office space (hereinafter referred to as the "PREMISES"). Tenant shall be solely responsible at its own expense for all improvements made to the Premises and obtain all necessary permits. The Premises are more particularly described in Exhibit A. The Landlord reserves the right to reconfigure the lease space or relocate the Tenant within SARTC by providing Tenant with a 30-day notice of such reconfiguration or relocation. 3. COMMENCEMENT OF TERM: The term of this Lease (the "Term") shall commence on the date written above (the "Commencement Date") and continue through June 30, 2024, unless sooner terminated or extended as provided herein. 4. ADDITIONAL LEASE CONDITIONS: Tenant acknowledges that this lease is subject to compliance with the additional lease conditions attached hereto as Exhibit B. These additional lease conditions are a material part of this Lease and any default of these conditions will be deemed a major breach and will subject this lease to termination per the terms identified herein. 5. EXTENSION PERIODS: Landlord shall have the right, but not the obligation, to provide Tenant the option to extend the Term for twelve (12) additional periods of one (1) month each on the same terms and conditions as set forth in this Lease. Each option shall be agreed to in writing by the Landlord and Tenant prior to the expiration of the Term or any Extension Period then in effect. If Tenant does not exercise its option to extend as provided herein, Tenant will be deemed a holdover Tenant and subject to paragraph 7 of this lease. The lease is subject to a Consumer Price Index (CPI) increase for any extension period. City Council 16 — 3 2/6/2024 6. RENT: Upon the Commencement Date, Tenant shall pay to Landlord, as rent ("Rent") the monthly sum of Four Thousand Three Hundred Fifty Six Dollars ($4,356.00) in advance, on the 1st day of each calendar month and continuing through the life of the Term. City and Tenant recognize lease of the Premises from February 1, 2024 through the Commencement Date. Any partial month shall be prorated at $145.00 per day. All payments of Rent and other sums due to Landlord hereunder shall be made payable to "The City of Santa Ana" and remitted to: City of Santa Ana M-13, 20 Civic Center Plaza, PO Box 1988, Santa Ana, CA 92702, A LATE CHARGE OF TEN PERCENT (10%) SMALL BE APPLIED TO ANY PAYMENT HEREUNDER DUE BUT UNPAID AFTER THE I OTT of the month. Landlord and Tenant hereby agree that Rent for any Extension Period, if the option for such is exercised, shall be subject to a CPI adjustment annually on the anniversary of the commencement date of the term hereof. 7. HOLDOVER: Tenant has no right to retain possession of the Premises or any part thereof beyond the expiration or termination of this Lease. In the event that Tenant holds over, then the Rent shall be increased to 150% of the Rent applicable immediately preceding the expiration or termination. Nothing contained herein shall be construed as consent by Landlord to any holding over by Tenant. Any holding over by Tenant of the Premises after the expiration or termination of this Lease shall operate and be construed as a tenancy from month to month subject to the terms of this Lease, terminable by either party upon thirty (30) days prior written notice to the other. 8. LANDLORD'S TITLE: (a) Landlord hereby covenants, represents and warrants to Tenant that Landlord has fee simple title to the Premises and has the ful l right and lawful authority to make this Lease. Notwithstanding anything contained herein to the contrary, if there are any liens, security interests, restrictions, leases, encumbrances, encroachments, laws, ordinances, governmental rules or regulations, title restrictions, zoning, endangered species or any other matters which in fact interfere with Tenant's use of the Premises, then Tenant may terminate this Lease without owing any liability to Landlord. Landlord covenants that so long as Tenant is not in monetary default as defined hereunder, Tenant shall have quiet and peaceful possession and enjoyment of the Premises, all improvements located thereon and of all easements, rights and appurtenances thereunto belonging. 9. DELIVERY OF POSSESSION UPON TERMINATION OR EXPIRATION OF TERM: Tenant agrees to deliver to Landlord physical possession of the Premises upon the termination or expiration of this Lease in good condition except, however, ordinary wear and tear, damage by fire or any other casualty, or damage from any other cause unless such other cause is solely attributable to the negligence of Tenant. 10. ASSIGNMENT AND SUBLETTING: Tenant may not assign this Lease or sublet the Premises or any part thereof without the prior written consent of Landlord. It. TENANT'S REPAIRS, ALTERATIONS AND FIXTURES: Except for reasonable wear and tear, Landlord agrees at Landlord's expense to (1) provide general building maintenance, and (2) maintain in good repair the foundation, retaining walls and structural soundness of the Premises. Landlord agrees to keep the Premises in good repair, including the plumbing, electrical 2 City Council 16 — 4 2/6/2024 wiring, air-conditioning and heating equipment. Subject to Landlord approval, Tenant may make and pay for any renovations, alterations and improvements to the Premises as Tenant deems desirable and Tenant agrees that all such alterations and improvements shall be made in a good and workmanlike manner and in such fashion as not to diminish the value of the building, and that no such alterations shall compromise the structural integrity of the Premises. All improvements, additions, alterations, and repairs shall be in accordance with applicable laws and at Tenant's own expense. Tenant shall indemnify and defend Landlord for all liens, claims, or damages caused by remodeling, improvements, additions, alterations, and major repairs made by Tenant. It shall be Tenant's 's duty to keep the Premises free and clear of all liens, claims, and demands for work performed, materials furnished, or operations conducted on the Premises at the request of Tenant. On surrendering possession of the Premises to Landlord at the expiration or sooner termination of this Lease or any Extension Period, Tenant shall be required to return the premises in the same condition upon commencement of lease except for normal wear and tear. Tenant may paint the interior of the Premises and may also paint, erect or authorize the installation of "temporary signs" in accordance with a signage plan that is pre -approved by the Landlord. Landlord shall not install or maintain, or permit anyone other than Tenant to install or maintain, any signs on any part of the Premises or within the air space above the Premises during the Term or any Extension Period of this Lease. 12, MAINTENANCE: Landlord shall provide at its own cost and expense janitorial services for the Premises. Janitorial supplies and services shall be provided on a five -day -per -week basis. 13. COMPLIANCE WITH LAWS: Tenant shall make and pay for nonstructural improvements and alterations to comply with all applicable laws, rules, regulations and ordinances of any and all applicable governmental entities (the "Governmental Laws") applying to the physical condition of the Premises and the building located thereon and arising solely from Tenant's conduct of business. TENANT ACKNOWLEDGES THAT THE PREMISES HAS NOT UNDERGONE AN INSPECTION BY A CERTIFIED ACCESS SPECIALIST (CASP). 14. UTILITIES: Landlord agrees to pay for all utilities furnished to the Premises and which are consumed by Tenant, during the Term and any Extension Period, including charges or assessments for water, sewer, gas, heat, electricity, garbage disposal and trash disposal. 15. ESTOPPEL CERTIFICATES: Landlord and Tenant shall, from time to time upon thirty (30) days' request by the other (but not to exceed more than three (3) times in any given calendar year), execute, acknowledge and deliver a statement, dated currently, certifying that this Lease is unmodified and in full, force and effect (or, if there have been modifications, that this Lease is in fiill effect as modified, and identifying such modifications) and the dates to which the Rent have been paid, and that no default exists in the observance of this Lease and no event of default has occurred and is continuing, or specifying each such default or event of default of which Landlord or Tenant may have knowledge, it being intended that any such statement may be relied 3 City Council 16 — 5 2/6/2024 upon by Landlord's or Tenant's Mortgagees, any prospective purchaser of the interest of Landlord or Tenant in their respective premises described herein. 16. INDEMNITY: Tenant shall indemnify, defend, and hold harmless City, and its respective agents, representatives, employees, subsidiaries and affiliates ("Covered Parties") from and against any and all actions, suits, claims, demands, judgments, losses, expenses, or liabilities, injuries and damages to persons and property, including death, arising out of or related to Tenant's use of the Premises, the entry by any Tenant Party on the License Area or surrounding property, or Tenant's breach or default in the performance of any of its obligations under this Agreement; provided, however, that Tenant will not be obligated to indemnify the Covered Parties frorn any claims arising solely from the gross negligence or willful misconduct of a Covered Party. If any action or proceeding is brought against any Covered Party by reason of any such claim, Tenant, upon receipt of written notice from Covered Party, shall defend the same at Tenant's expense with legal counsel reasonably acceptable to Covered Party. Payment shall not be a condition precedent to recovery under any indemnification in this Agreement, and a finding of liability or an obligation to indemnify slialI not be a condition precedent to the duty to defend. The provisions of this Section 16 shall survive the termination or expiration of this Agreement. 17. INSURANCE: Throughout the Term or any Extension Period, Tenant shall maintain insurance as described below: a. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence, and $5,000,000 in the aggregate. If a general aggregate limit applies, either- the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. b. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and nonowned autos (Code 9), with limit no less than $5,000,000 per accident for bodily injury and property damage. C. Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. d. Property insurance against all risks of loss to any tenant improvements or bettennents, at full replacement cost with no coinsurance penalty provision. If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. 4 City Council 16 — 6 2/6/2024 Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: Additional Insured Status The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance (at least as broad as ISO Norm CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). Primajj7 Coverage For any claims related to this contract, the Contractor's insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. Notice of Cancellation Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City. Waiver of Subrogation Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Self-Iinsured Retentions Self -insured retentions must be declared to and approved by the City. The City may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City. Acceptabilitj1 of Insurers Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. Verification of Coverage Contractor shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all 5 City Council 16 — 7 2/6/2024 policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Special Risks or Cir•etanslances City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 18. DAMAGE BY CASUALTY a. In the event of a fire or other casualty in the Premises, Tenant shall immediately give notice thereof to Landlord. b. If the Premises, through no fault of Tenant, its agents, employees, invitees, or visitors, shall be partially destroyed by fire or other casualty so as to render the Premises untenantable as reasonably determined by Landlord, Rent shall abate in proportion to the percentage of square footage of the Premises rendered unusable until such time as the Premises are made tenantable as reasonably determined by Landlord. The entire Premises shall be made tenantable by Landlord's diligent repair within sixty (60) days following the fire or casualty incident. C. Except where Landlord is not obligated to repair or rebuild the Building or the Premises, Landlord will use due diligence to repair or rebuild the same (except that Landlord will have no obligation to repair or replace any alteration, addition, or improvements to the Premises other than the Tenant Improvements installed at Landlord's expense which will be repaired only to the level of Building Standard Improvements). d. In the event of (i) the total destruction of the Premises, (ii) the partial destruction of the Premises or the Building where the same is so damaged that it cannot, in Landlord's reasonable opinion, be repaired within sixty (60) days of the occurrence of such damage, or (iii) damage or destruction as a result of any casualty for which insurance proceeds are not available to pay 100% of the cost of repair or rebuilding, Landlord will have no obligation to repair or rebuild the Premises or the Building. Landlord will make its determination whether to repair or rebuild within sixty (60) days of the occurrence of such damage or destruction. Upon notification to Tenant of Landlord's decision not to repair or rebuild, this Lease shall terminate. In such an event, Tenant shall be reimbursed by Landlord any rent monies transferred from Tenant to Landlord during this sixty (60) day period within fourteen (14) days after the termination of the lease. 6 City Council 16 — 8 2/6/2024 19. EMINENT DOMAIN: a. If (i) all or part of the Premises, the building located thereon, or (ii) so much of any rights in the Premises or the building located thereon shall be taken or appropriated under any right of eminent domain or under any other legal right whereby the taking authority is obligated to compensate Landlord therefor so that there does not remain premises suitable in the sole opinion of Tenant for the operation of its business, then Tenant may terminate and cancel this Lease without owing any liability to Landlord as of the date on which the condemning authority takes physical possession upon giving to Landlord written notice of such election. Landlord agrees immediately within ten (10) days after any notice of intended or actual taking or - appropriation to give Tenant written notice thereof, providing to Tenant full details of such taking or appropriation, including, without limitation copies of all condemnation plans or surveys submitted by the condemning authority, a statement of the nature of the project to be conducted by the condemning authority, and such other information as right be necessary to enable Tenant to determine its future course of conduct. TENANT ACKNOWLEDGES THAT LANDLORD'S EXERCISE OF ITS RIGHT TO TERMINATE THIS LEASE UNDER ANY THIS PARAGRAPH SHALL NOT ENTITLE TENANT TO ANY RIGHTS OR CLAIMS FOR RELOCATION BENEFITS OR ANY OTHER CLAIMS RELATED TO CONDEMNATION OR INVERSE CONDEMNATION. b. If this Lease shall be terminated and canceled as a result of any taking or appropriation, Tenant shall be released from any ftirther liability and Rent and other sums for the last month of Tenant's occupancy shall be prorated and Landlord shall immediately refund to Tenant any sums paid in advance. Tenant reserves unto itself the right to prosecute Tenant's claim for an award for damages for the termination of this Lease caused by such appropriation or taking, together with damages based on the value of Tenant's improvements and Tenant's fixtures and other personal property erected or installed on the Premises and damages Tenant may sustain to the interest in the business operated by Tenant on the Premises, including, but not limited to, goodwill, patronage, and the removal, relocation, and replacement costs and expenses caused by such appropriation or taking, and Tenant may file such claims as are permitted by law for the loss of its leasehold interest, business dislocation damages, moving expense, or other damages caused by such taking or appropriation. Tenant's right to receive compensation or damages for its fixtures or its personal property shall not be affected in any manner by this Lease, 20. LIENS: Tenant shall promptly remove and discharge, at its cost and expense, all mechanic's liens, or other liens, for labor performed or materials furnished with respect to the Premises by or for Tenant. 7 City Council 16 — 9 2/6/2024 21. PARKING AREA: Tenant acknowledges that Landlord has entered into an agreement with the Orange County Transportation Authority for the construction of the OC Streetcar at SARTC, which is under construction. Such construction may affect the number of parking spaces available at any one time, though it is not possible to determine the precise effect at the time of this Lease. Surface Parking Lots 1 and 2 allow up to 72-hour parking. Landlord will provide parking passes to identify all Tenant vehicles parked at SARTC at no cost to Tenant. If the parking structure at SARTC is full, Tenant and Tenant's agents, employees, customers and invitees must use the surface lots at SARTC. 22. TENANT'S DEFAULT: a. If Tenant shall default in payment of Rent, when due, Landlord shall forward written notice, pursuant to Section 24, of such default to Tenant, and the failure of Tenant to cure such default within three (3) days after the date of receipt of such notice shall, at the sole option of Landlord, cause the termination of this Lease. b. If Tenant shall default in the performance of any other terms or provisions of this Lease, and if Landlord shall give to Tenant written notice, pursuant to Section 24, of such default, and if Tenant shall fail to cure such default within thirty (30) days after receipt of such notice, Landlord at its sole option, shall cause the termination of this Lease immediately. 23. HAZARDOUS SUBSTANCES: a. As used herein, the term "Hazardous Substances" shall mean, without limitation, any substance that is biologically or chemically active or any hazardous, toxic, or dangerous waste, substance (including, but not limited to, lead -based paint, asbestos or petroleum derivative substances), or material defined as such in (or for purposes of) (i) any state, federal or local environmental laws, interpretive letters, regulations, decrees or ordinances, (ii) the Comprehensive Environmental Response, Compensation and Liability Act, as amended, (iii) the Resource Conservation and Recovery Act, (iv) any of the state or local "Super Fund", "Super Lien" or "Cleanup Lien" laws or (v) any other federal, state or local statute, law, ordinance, code, rule, interpretive letter, regulation, order or decree regulating, relating to or imposing liability or standards of conduct concerning any such substances or materials or any amendments or successor statutes with respect to any of the foregoing. b. During the Term of this Lease, Tenant represents and warrants that no Hazardous Substances will be stored on the Premises and no Hazardous Substances will be discharged on the Premises by Tenant. Tenant agrees that such representations and warranties shall survive any termination of this Lease, and Tenant agrees to indemnify and hold harrnless Landlord from any and all costs, expenses, claims and damages, including, but not limited to, attorneys' fees and costs of remediation, 8 City Council 16 — 10 2/6/2024 arising from Tenant's breach of any of the representations and warranties contained in this Section. 24. NOTICE: Any notice, tender, demand, delivery, or other communication pursuant to this Lease shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, to the following persons. TO TENANT: TO CITY: RailWorks Track Services, Inc. Public Works Agency Attn: Ernesto Rivera City of Santa Ana 12740-B Lakeland Road 20 Civic Center Plaza (M-21) Santa Fe Springs, CA 90670 Santa Ana, California 92701 Attention: Executive Director of Public Works Agency AND City Clerk City of Santa Ana 20 Civic Center Plaza (M29) Santa Ana, California 92701 A party may change its address by giving notice in writing to the other party at least 15 days prior to the effective change. Thereafter, any communication shall be addressed and transmitted to the new address. if sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 25. USE: For the purposes of this Lease, Tenants intended use of the Premises is strictly for office space. No other use of the Premises shall be permitted without written consent of Landlord. 26. GENERAL PROVISIONS: a. This Lease (and the documents referred to herein) constitutes the entire agreement between the parties pertaining to the lease of Suite 103 contained herein and supersedes any and all prior and contemporaneous agreements, representations and understandings, oral or otherwise, between or arnong the parties with respect to the matters contained herein. b. This Lease shall be binding upon, and inure to the benefit of, the parties hereto and their respective heirs, legatees, distributes, legal representatives, successors and assigns. C. This Lease shall not be modified, amended or supplemented, in whole or part, without the prior written consent of all parties hereto. Each and every waiver of any covenant, E City Council 16 —11 2/6/2024 representation, warranty or any other provision hereof must be in writing and signed by each party whose interests are adversely affected by such waiver. No waiver granted in any one instance shall be construed as a continuing waiver applicable in any other instance. d. If any legal action or other proceeding is brought for the enforcement hereof, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions hereof, the successful or prevailing party or parties shall be entitled to recover attorneys' fees, court costs and all expenses even if not taxable as court costs (including, without limitation, all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled. C. The parties hereby agree that each party and its attorneys have reviewed and revised this Lease and that the normal rule of construction, to the effect that any ambiguities are resolved against the drafting party, shall not be employed in the interpretation of this Lease and no other rule of strict construction shall be used against any party. All exhibits and schedules attached or to be attached hereto, and all other agreements and instruments referred to herein, are hereby incorporated herein by reference, as fully as if copied herein verbatim. f. This Lease shall be governed by the internal laws of the State of California without regard to and excluding its principles of conflicts of laws. g. The parties further agree that upon request, they shall do such further acts and deeds, and shall execute, acknowledge, deliver and record such other documents and instruments, as may be reasonably necessary from time to time to evidence, confirm or carry out the intent and purposes of this Lease. h. Unless the context in which used clearly requires another construction, throughout this Lease, the masculine gender shall be deemed to include the neuter of feminine or both, the neuter gender shall include the masculine or both, and the singular of terms shall include the plural and vice versa. The section headings are for convenience only and shall not affect the construction hereof. i. If any one or more of the provisions hereof shall for any reason be held invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect the validity or enforceability of any other provision hereof, which shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. The parties intend that if any provision hereof is capable of two constructions, one of which would render the provision void and the other of which would render the provision valid, then the provision shall have the meaning which renders it valid. j. Time is of the essence in the performance of each party's respective obligations. k. This Lease may be executed simultaneously in one or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one in the same instrument, and it shall not be necessary that any single counterpart bear the signatures of all parties. R City Council 16 — 12 2/6/2024 1. Unless expressly stated to be exclusive, no remedy conferred herein shall be deemed to be exclusive of any other remedy conferred herein or any other remedy now or hereafter available at law or equity. All remedies conferred herein, and all remedies now or hereafter available at law or equity, shall be deemed to be cumulative and not alternative, and may be enforced concurrently or successively. M. All provisions of this Lease shall be constilted as covenants and agreements where used in each separate provision hereof and shall bind and inure to the benefit of the parties hereto, their respective heirs, legal representatives, successors and assigns. n. All periods of time shall include Saturdays, Sundays and legal holidays; provided that, if the last day to perform any act or give notice falls on a Saturday, Sunday or legal holiday, then such act or notice shall be timely performed if given on the next succeeding business day. o. Nothing contained in this Lease shall be deemed or construed by the parties hereto or by any third party to create the relationship of principal and agent or of partnership or of joint venture or of any association between Landlord and Tenant, and no provision contained in this Lease nor any acts of the parties hereto shall be deemed to create any relationship between Landlord and Tenant other than the relationship of landlord and tenant. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers the day, month and year first written above. ATTEST: CITY OF SANTA ANA Jennifer L. Hall City Clerk APPROVED AS TO FORM Sonia R. Carvalho City Attorney BYIn • Jose M ntoya Assistant City Attorney Tom Hatch Interim City Manager RAILWORKS TRACK SERVICES, INC. By: Ernesto Rivera Senior Manager [Signatures continued on the following page] City Council 16 — 13 2/6/2024 RECOMMENDED FOR APPROVAL Nabil Saba, PE Executive Director Public Works Agency 12 City Council 16 — 14 2/6/2024 EXHIBIT A — PREMISES 13 City Council 16 — 15 2/6/2024 Cn u �l- 1� IIL A SF 11 FIRST FLOOR PLAN - 141-PW Rallworks Suite -103 City Council 16 — 16 2/6/2024 EXHIBIT B ADDITIONAL LEASE CONDITIONS SARTC business hours are seven days a week from 5AM to midnight and there is on -site security 24/7. If tenant needs to access tenant space during non -business hours, they will need to contact the security guard on duty at (714) 912-3494. Tenant must provide SARTC Property Management Office with a point of contact for regular business hours and after hours. Tenant has the ability to terminate this Lease with 30-day advance notice. 141 City Council 16 — 17 2/6/2024 Public Works Agency www.santa-ana.org/public-works Item # 17 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report February 6, 2024 TOPIC: Amend Agreement for Landscape Services AGENDA TITLE Approve an Appropriation Adjustment and Approve an Eighth Amendment with Landscape West Management Service, Inc. to Increase the Contract Amount by $277,500 for Landscape Services (Project No. 24-6602) (Non -General Fund) RECOMMENDED ACTION Approve an appropriation adjustment accepting $75,000 in the PWA Enterprise Capital Grants, Miscellaneous Revenue account and appropriate the same amount to the WaterSMART-Watershed Mgmt Prog expenditure account. (Requires five affirmative votes) 2. Authorize the City Manager to execute an eighth amendment to the agreement with Landscape West Management Services, Inc. to increase the contract amount by $277,500, for a total agreement amount not to exceed $8,499,500 (Agreement A-2024-XXX). GOVERNMENT CODE §84308 APPLIES: Yes DISCUSSION On April 6, 2021, the City Council authorized staff to submit a grant application for the Bureau of Reclamation WaterSMART Small -Scale Water Efficiency Program (SWEP) for funds to subsidize the cost the City's Landscape Transformation Program. The application was approved and the City was awarded $75,000 in grant funds (Exhibit 1) for turf removal and efficient irrigation infrastructure procurement and installation for select locations within the city. City staff has requested an amendment to the grant agreement to reflect an updated performance period ending in October 2024. The Public Works Agency's Water Resources Division (Water Resources) launched a "Grass to Gardens" website in May 2023 and mailed out postcards in June and July 2023 to provide information and criteria for water customers to apply for the Landscape Transformation Program. Over 100 interest cards were received within three weeks of mailing out postcards. City Council 17 — 1 2/6/2024 Amend Agreement for Landscape Services February 6, 2024 Page 2 Upon approval of this item, Water Resources staff will select up to 45 locations, spread throughout the city and inclusive of all City Council wards. In total, the proposed work will remove approximately 16,000 square feet of turf and associated outdated and inefficient irrigation equipment, and replace it with drought -tolerant landscaping and water -efficient irrigation systems. Grant funding will be used only to remove turf, procure and install new efficient irrigation systems, and the managerial work related to these two tasks; all other components of the projects will be funded by the Water Enterprise as part of its outreach and education campaign for water conservation. Three current City of Santa Ana landscape contractors were contacted for a job walk and review of scope of services. After review of each contractors' proposals, it was determined that Landscape West Management Services, Inc. submitted the lowest responsible pricing (Exhibit 2). Landscape West has been a City contractor since July 2019, and currently maintains the City's medians, linear parks, neighborhood entry areas, and arterial sidewalk areas. Staff recommends increasing the agreement with Landscape West Management Services, Inc. by $277,500; the amount includes work to be done at all sites, plus a 20% contingency (Exhibit 3). FISCAL IMPACT Approval of the appropriation adjustment will recognize $75,000 in Bureau of Reclamation WaterSMART grant funds into the PWA Enterprise Capital Grants, Miscellaneous Revenue, Federal Grant -Direct revenue account (No. 16417002-52000) and appropriate the same amount in the WaterSMART-Watershed Mgmt Prog expenditure account (16417641-66220) for current year expenditure. Funds for this action have been budgeted in the approved FY 2023-24 annual operating budget for the Water Enterprise. The following table summarizes the funds budgeted and available in the current fiscal year for expenditure. Fiscal Year Accounting Unit- Account # Fund Description Accounting Unit, Account Description Amount Appropriation Adjustment 2023-24 16417641-66220 (24-6602) PWA Enterprise Capital Grants WaterSMART-Watershed Mgmt Prog, Improvements Other Than Buildings $75,000 Expenditure 2023-24 06017644-62300 Water Water Quality, Contractual Services - Professional $202,500 Amendment total: $277,500 Original Contract Amount: $8,222,000 Total: $8,499,500 City Council 17 — 2 2/6/2024 Amend Agreement for Landscape Services February 6, 2024 Page 3 EXHIBIT(S) 1. Grant Agreement 2. Pricing Sheet 3. Agreement Amendment Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency Approved By: Tom Hatch, Interim City Manager City Council 17 — 3 2/6/2024 NOTICE OF AWARD 1. DATE ISSUED MM/DD/YYYY la. SUPERSEDES AWARD NOTICE dated except that any additions or restrictions previously imposed 01/05/2022 remain in effect unless specifically rescinded 2. CFDA NO. 15.507 - WaterSMART (Sustain and Manage America's Resources for Tomorrow) 3. ASSISTANCE TYPE Project Grant 4. GRANT NO. R22AP00055-00 Originating MCA # 4a.FAIN R22AP00055 6. PROJECT PERIOD MM/DD/YYYY From 01/05/2022 7. BUDGET PERIOD MM/DD/YYYY From 01/05/2022 8. TITLE OF PROJECT (OR PROGRAM) Landscape Transformation Program 5. TYPE OF AWARD Other 5a. ACTION TYPE New MM/DD/YYYY Through 02/01/2024 MM/DD/YYYY Through 02/01/2024 "CH 3,'XD AUTHORIZATION (Legislation/Regulations) Section 9504(a), Omnibus Public Lands Management Act of 2009, (Public Law 111-11), as amended. 9a. GRANTEE NAME AND ADDRESS 9b. GRANTEE PROJECT DIRECTOR SANTA ANA, CITY OF Rudy Rosas 20 Civic Center Piz FI 8 220 S. Daisy Ave Santa Ana, CA 927014058 Santa Ana, CA 92703-9000 Phone: [NO PHONE RECORD] 10a. GRANTEE AUTHORIZING OFFICIAL 101b. FEDERAL PROJECT OFFICER Rudy Roses Ms. ROBIN GRABER 220 S. Daisy Ave Bureau of Reclamation Santa Ana, CA 92703-9000 Denver Federal Center Phone: [NO PHONE RECORD] Water Resources and Planning Office Denver, CO 80215-1000 ALL AMOUNTS ARE SHOWN IN USD 11. APPROVED BUDGET (Excludes Direct Assistance) 112. AWARD COMPUTATION I Financial Assistance from the Federal Awarding Agency Only a. Amount of Federal Financial Assistance (from item 11m) $ 75,000.00 II Total project costs including grant funds and all other financial participation �I b. Less Unobligated Balance From Prior Budget Periods $ 0.00 c. Less Cumulative Prior Award(s) This Budget Period $ 0.00 a. Salaries and Wages $ 14,814.00 d. AMOUNT OF FINANCIAL ASSISTANCE THIS ACTION 75,000.00 b, Fringe Benefits $ 1,403.00 13. Total Federal Funds Awarded to Date for Project Period Is 75,000.00 C. Total Personnel Costs ................$ 16,217.00 14. RECOMMENDED FUTURE SUPPORT 0.00 (Subject to the availability of funds and satisfactory progress of the project): d. Equipment $ YEAR TOTAL DIRECT COSTS YEAR TOTAL DIRECT COSTS e. Supplies .................................$ 0.00 a. 2 $ f. Travel .................................$ 0.00 b.3 $ e. 6 $ 9. Construction ••• ..............................$ 0.00 c. 4 $ f. 7 $ h. Other .................................$ 0.00 15. PROGRAM INCOME SHALL BE USED IN ACCORD WITH ONE OF THE FOLLOWING i. Contractual ... ................$ """"""" 150000.00 ALTERNATIVES: a. DEDUCTION b. ADDITIONAL COSTS [e] j. TOTAL DIRECT COSTS 10 $ 166,217.00 c. MATCHING d. OTHER RESEARCH (Add / Deduct Option) e. OTHER (See REMARKS) k. INDIRECT COSTS $ 0.00 16. THIS AWARD IS BASED ON AN APPLICATION SUBMITTED TO, AND AS APPROVED BY, THE FEDERAL AWARDING AGENCY ON THE ABOVE TITLED PROJECT AND IS SUBJECT TO THE TERMS AND CONDITIONS INCORPORATED EITHER DIRECTLY I. TOTAL APPROVED BUDGET $ 166,217.00 OR BY REFERENCE IN THE FOLLOWING: a. The grant program legislation b. The grant program regulations. This award notice including terms and conditions, if any, noted below under REMARKS. m. Federal Share $ 75,000.00 d. Federal administrative requirements, cost principles and audit requirements applicable to this grant. In the event there are conflicting or otherwise inconsistent policies applicable to the grant, the above order of precedence shall n. Non -Federal Share $ 91,217.00 prevail. Acceptance of the grant terns and conditions is acknowledged by the grantee when funds are drawn or otherwise obtained from the grant payment system. REMARKS (Other Terms and Conditions Attached - Yes O No) See next page GRANTS MANAGEMENT OFFICIAL: Beverly Nelson, Chief Grants Officer Digitally signed by BEVERLY Denver Federal Center, BEVERLY NELSON NELSON Date: 2022.01.05 11:43:26-08'00' 6th & Kipling (84-27130) Denver, CO 80225 Phone:303-445-2762 17. VENDOR CODE 0071403180 18. DUNS 083153247 19. CONG. DIST. 46 LINE# FINANCIAL ACCT AMT OF FIN ASST START DATE END DATE TAS ACCT PO LINE DESCRIPTION 1 0051017510-00010 S75,000.00 01/05/2022 02/01/2024 0680 R-DO-2021-000345 SWEP City of Santa Ana City Council- NOTICE OF AWARD (Continuation Sheet) REMARKS: PAGE 2 of 3 DATE ISSUED 01 /05/2022 GRANT NO. R22AP00055-00 Recipients are NOT required to sign the Notice of Award or any other award document. Recipients indicate their acceptance of an award, including award terms and conditions, by starting work, drawing down funds, or accepting the award via electronic means. Recipient acceptance of an award carries with it the responsibility to beware of and comply with all terms and conditions applicable to the award. Recipients are responsible for ensuring that their subrecipients and contractors are aware of and comply with applicable award statutes, regulations, and terms and conditions. Recipient failure to comply with award terms and conditions can result in Reclamation taking one or more of the remedies and actions described in 2 CFR 200.33934 Program Income is not allowed. NOTICE OF AWARD (Continuation Sheet) PAGE 3 of 3 DATE ISSUED 01/05/2022 GRANT NO. R22AP00055-00 Federal Financial Report Cycle Reporting Period Start Date Reporting Period End Date Reporting Type Reporting Period Due Date 01/05/2022 09/30/2022 Annual 12/29/2022 10/01/2022 09/30/2023 Annual 12/29/2023 10/01/2023 02/01/2024 Final 05/31/2024 Performance Progress Report Cycle Reporting Period Start Date Reporting Period End Date Reporting Type Reporting Period Due Date 01/05/2022 09/30/2022 Annual 12/29/2022 10/01/2022 09/30/2023 Annual 12/29/2023 10/01/2023 02/01/2024 Final 05/31/2024 AWARD ATTACHMENTS SANTA ANA, CITY OF 1. R22AP00055 Draft Agreement R22AP00055-00 City Council 17 — 7 2/6/2024 Page 1 of 51 UNITED STATES DEPARTMENT OF THE INTERIOR ASSISTANCE AGREEMENT R22AP00055 Between Bureau of Reclamation And City of Santa Ana For Landscape Transformation Program R22AP00055 Agreement Template City ofsan{il y Council 17 — 8 2/6/20 0 " Page 2 of 51 TABLE OF CONTENTS I. OVERVIEW AND SCHEDULE............................................................................................. 4 1. AUTHORITY........................................................................................................................ 4 2. PUBLIC PURPOSE OF SUPPORT OR STIMULATION................................................... 5 3. BACKGROUND AND OBJECTIVES................................................................................. 5 4. PERIOD OF PERFORMANCE AND FUNDS AVAILABILITY ....................................... 6 5. SCOPE OF WORK................................................................................................................ 6 6. RESPONSIBILITY OF THE PARTIES............................................................................... 7 TBUDGET............................................................................................................................... 8 8. KEY PERSONNEL............................................................................................................. 11 9. LIMITATION OF AUTHORITIES.................................................................................... 11 10. REPORTING REQUIREMENTS AND DISTRIBUTION ............................................... 12 11. REGULATORY COMPLIANCE..................................................................................... 15 II. RECLAMATION STANDARD TERMS AND CONDITIONS ....................................... 16 1. REGULATIONS.................................................................................................................. 16 2. PAYMENT.......................................................................................................................... 16 3. PROCUREMENT STANDARDS (2 CFR 200.317 through 200.327) ............................... 20 4. EQUIPMENT (2 CFR 200.313).......................................................................................... 31 5. SUPPLIES (2 CFR 200.314)............................................................................................... 33 6. INSPECTION...................................................................................................................... 33 7. AUDIT REQUIREMENTS (2 CFR 200.501)..................................................................... 34 8. REMEDIES FOR NONCOMPLIANCE (2 CFR 200.339)................................................. 35 9. TERMINATION (2 CFR 200.340)...................................................................................... 35 10. DEBARMENT AND SUSPENSION (2 CFR 1400)........................................................ 36 11. DRUG -FREE WORKPLACE (2 CFR 182 and 1401)...................................................... 36 12. ASSURANCES AND CERTIFICATIONS INCORPORATED BY REFERENCE ........ 36 13. COVENANT AGAINST CONTINGENT FEES.............................................................. 37 14. TRAFFICKING VICTIMS PROTECTION ACT OF 2000 (2 CFR 175.15) ................... 37 15. NEW RESTRICTIONS ON LOBBYING (43 CFR 18).................................................... 39 16. UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION POLICIES ACT OF 1970 (URA) (42 USC 4601 et seq) ................................................. 40 R22AP00055 Agreement Template City of Santa Ana (0112021) City Council 17 — 9 2/6/2024 Page 3 of 51 17. SYSTEM FOR AWARD MANAGEMENT AND UNIVERSAL IDENTIFIER REQUIREMENTS (2 CFR 25, APPENDIX A)................................................................ 41 18. PROHIBITION ON TEXT MESSAGING AND USING ELECTRONIC EQUIPMENT SUPPLIED BY THE GOVERNMENT WHILE DRIVING ............................................. 42 19. REPORTING SUBAWARDS AND EXECUTIVE COMPENSATION (2 CFR 170 APPENDIXA)................................................................................................................... 42 20. RECIPIENT EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (SEP 2013) ....................... 45 21. REPORTING OF MATTERS RELATED TO RECIPIENT INTEGRITY AND PERFORMANCE (APPENDIX XII to 2 CFR Part 200).................................................. 45 22. CONFLICTS OF INTEREST............................................................................................. 47 23. DATA AVAILABILITY.................................................................................................... 48 24. PROHIBITION ON PROVIDING FUNDS TO THE ENEMY ........................................ 49 25. ADDITIONAL ACCESS TO RECIPIENT RECORDS .................................................... 49 26. PROHIBITION ON CERTAIN TELECOMMUNICATION AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT........................................................... 50 III. DEPARTMENT OF THE INTERIOR STANDARD AWARD TERMS AND CONDITIONS.................................................................................................................... 51 R22AP00055 City of Santa Ana Agreement Template (0112021) City Council 17 — 10 2/6/2024 Page 4 of 51 Financial Assistance Agreement Between Bureau of Reclamation And City of Santa Ana For Landscape Transformation Program I. OVERVIEW AND SCHEDULE 1. AUTHORITY This Financial Assistance Agreement (Agreement) is entered into between the United States of America, acting through the Department of the Interior, Bureau of Reclamation (Reclamation) and City of Santa Ana (Recipient), pursuant to Section 9504(a) of the SECURE WATER ACT, Subtitle F of Title IX of the OMNIBUS PUBLIC LAND MANAGEMENT ACT OF 2009, Public Law 111-11 (42 U.S.C. 10364) (the "Act"). The following section, provided in full text, authorizes Reclamation to award this financial assistance agreement: SEC. 9504. WATER MANAGEMENT IMPROVEMENT. (a) Authorization of grants and cooperative agreements. (1) Authority of Secretary. The Secretary may provide any grant to, or enter into an agreement with, any eligible applicant to assist the eligible applicant in planning, designing, or constructing any improvement or carrying out any activity — R22AP00055 City of Santa Ana (A) to conserve water; (B) to increase water use efficiency; (C) to facilitate water markets, (D) to enhance water management, including increasing the use of renewable energy in the management and delivery of water; (E) to accelerate the adoption and use of advanced water treatment technologies to increase water supply; (F) to assist States and water users in complying with interstate compacts or reducing basin water supply -demand imbalances; (G) to achieve the prevention of the decline of species that the United States Fish and Wildlife Service and National Marine Fisheries Service have proposed for listing under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) (or candidate species that are being considered by those agencies for such listing but are not yet the subject of a proposed rule); Agreement Template (0112021) City Council 17 —11 2/6/2024 Page 5 of 51 (H) to achieve the acceleration of the recovery of threatened species, endangered species, and designated critical habitats that are adversely affected by Federal reclamation projects or are subject to a recovery plan or conservation plan under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) under which the Commissioner of Reclamation has implementation responsibilities; (I) to improve the condition of a natural feature; or (J) to carry out any other activity— (i) to address any climate -related impact to the water supply of the United States that increases ecological resiliency to the impacts of climate change; (ii) to prevent any water -related crisis or conflict at any watershed that has a nexus to a Federal reclamation project located in a service area; or (iii) to plan for or address the impacts of drought. 2. PUBLIC PURPOSE OF SUPPORT OR STIMULATION The proposed Landscape Transformation Program project (Project) will increase the reliability of water supplies; improve water management; and provide benefits for fish, wildlife, and/or the environment. 3. BACKGROUND AND OBJECTIVES The U.S. Department of the Interior's (Department) WaterSMART (Sustain and Manage America's Resources for Tomorrow) Program provides a framework for Federal leadership and assistance to stretch and secure water supplies for future generations in support of the Department's priorities. Through WaterSMART, the Reclamation leverages Federal and non -Federal funding to work cooperatively with States, Tribes, and local entities as they plan for and implement actions to increase water supply sustainability through investments in existing infrastructure and attention to local water conflicts. Small -Scale Water Efficiency Projects provide support for priorities identified in Presidential Executive Order (E.O.) 14008: Tackling the Climate Crisis at Home and Abroad (E.O. 14008) and aligned with other priorities, such as those identified in Presidential Executive Order 13985: Advancing Racial Equity and Support for Underserved Communities Through the Federal Government (E.O. 13985). Small -Scale Water Efficiency projects also support the goals of the Interagency Drought Relief Working Group established in March 2021 and the National Drought Resiliency Partnership. Drought conditions across the West impact a wide range of communities and sectors, including agriculture, cities, Tribes, the environment, recreation, hydropower producers, and others. The western United States is experiencing its worst drought this century —historic in both duration and severity - threatening to kill crops, spark wildfires, and harm public health. As of July, the U.S. Drought Monitor indicates that more than 93% of the land in nine of the Western states is in drought conditions, and nearly 60% of the area is experiencing extreme or exceptional drought. Through WaterSMART, Reclamation provides financial assistance to water managers for R22AP00055 City of Santa Ana Agreement Template (0112021) City Council 17 — 12 2/6/2024 Page 6 of 51 projects that seek to conserve and use water more efficiently and accomplish other benefits that contribute to sustainability in the Western United States. Through Small -Scale Water Efficiency Projects, Reclamation provides assistance to States, Tribes, irrigation districts, water districts, and other entities with water or power delivery authority to undertake small-scale water efficiency projects that have been prioritized through planning efforts led by the applicant. These projects conserve and use water more efficiently; mitigate conflict risk in areas at a high risk of future water conflict; and accomplish other benefits that contribute to water supply reliability in the western United States. The City of Santa Ana, located in southern California, will administer a residential landscaping conversion program to remove water -consumptive turf lawns and outdated irrigation infrastructure and replace with drought tolerant landscaping and high efficiency irrigation infrastructure. The grant funding will allow the City to subsidize the cost of turf removal and efficient irrigation infrastructure for disadvantaged communities who typically cannot afford the program's high up -front costs. The turf removal program is part of the City's Drought Action Plan. 4. PERIOD OF PERFORMANCE AND FUNDS AVAILABILITY This Agreement becomes effective on the date shown in block 1 of the United States of America, Department of the Interior, Notice of Award (NOA). The Agreement shall remain in effect through the date shown in block 6 of the NOA. The project period for this Agreement may only be changed through written amendment of the Agreement by a Reclamation Grants Officer (GO). No legal liability on the part of the Government for any payment may arise until funds are made available, in writing, to the Recipient by a Reclamation GO. The total estimated project cost for this Agreement is $166,217 and the total estimated amount of federal funding is $75,000. The initial amount of federal funds available is limited to $75,000 as indicated by "Amount of Financial Assistance This Action" within block 12 of the NOA. Subject to the availability of Congressional appropriations, subsequent funds will be made available for payment through written amendments to this Agreement by a Reclamation GO. 5. SCOPE OF WORK Under this Agreement, the Recipient shall provide a rebate system to subsidize the cost of turf removal and efficient irrigation infrastructure procurement and installation. The removed turf will be replaced with drought tolerant plants. The project will be targeted towards disadvantaged communities within the Recipients service area. The Project will be located within the City of Santa Ana's DACs in Orange County, California, approximately 30 miles southeast of Los Angeles. The City of Santa Ana is bounded on the north by the Cities of Garden Grove and Orange, on the east by the Cities of Tustin and Irvine, on the R22AP00055 City of Santa Ana Agreement Template (0112021) City Council 17 — 13 2/6/2024 Page 7 of 51 south by the City of Costa Mesa, and on the west by the Cities of Westminster and Fountain Valley. The approximate Project latitude is 33°44'N and longitude is 11752'W. The Recipient shall include in its records the locations of the projects installed under this Agreement. 6. RESPONSIBILITY OF THE PARTIES 6.1 Recipient Responsibilities 6.1.1 The Recipient shall carry out the Scope of Work (SOW) in accordance with the terms and conditions stated herein. The Recipient shall adhere to Federal, state, and local laws, regulations, and codes, as applicable, and shall obtain all required approvals and permits. If the SOW contains construction activities, the Recipient is responsible for construction inspection, oversight, and acceptance. If applicable, the Recipient shall also coordinate and obtain approvals from site owners and operators. R22AP00055 City of Santa Ana Agreement Template (0112021) City Council 17 — 14 2/6/2024 Page 8 of 51 6.1.2 Interim Performance Reports. The Recipient shall prepare and submit to Reclamation interim Project performance reports (Interim Performance Reports) as required by Section I.10 of this Agreement. Each Interim Performance Report will include (but is not limited to) the information identified in paragraph I.10.3 and will discuss the following: • A comparison of actual accomplishments to the milestones established by the financial assistance agreement for the reporting period • The reasons why established milestones were not met, if applicable • The status of milestones from the previous reporting period that were not met, if applicable • Whether the Project is on schedule and within the original cost estimate • Any additional pertinent information or issues related to the status of the Project 6.1.3 Final Project Report. The Recipient shall prepare and submit to Reclamation a final Project performance report (Final Project Report) as required by Section I.10 of this Agreement. The Final Project Report will include (but is not limited to) the information identified in paragraph I.10.3 and will discuss the following: Whether the Project objectives and goals were met The benefits to the recipient's water supply delivery system • Other benefits achieved through the project. Consider the following: o Whether the project has or will complement work done in collaboration with NRCS o The benefits to overall water supply reliability in the area Photographs documenting the project are also appreciated. Recipient understands that Reclamation may print photos with appropriate credit to Recipient. Recipient also understands that the Final Project Report is a public document and may be made available on Reclamation's website, www.usbr.gov/watersmart/. 6.2 Reclamation Responsibilities 6.2.1 Reclamation will monitor and provide Federal oversight of activities performed under this Agreement. Monitoring and oversight includes review and approval of financial status and performance reports, payment requests, and any other deliverables identified as part of the SOW. Additional monitoring activities may include site visits, conference calls, and other on -site and off -site monitoring activities. At the Recipient's request, Reclamation may also provide technical assistance to the Recipient in support of the SOW and objectives of this Agreement. 7. BUDGET 7.1 Budget Estimate. The following is the estimated budget for this Agreement. As Federal financial assistance agreements are cost -reimbursable, the budget provided is for estimation purposes only. Final costs incurred under the budget categories listed may be either higher or lower than the estimated costs. All costs incurred by the Recipient under this Agreement must R22AP00055 City of Santa Ana Agreement Template (0112021) City Council 17 — 15 2/6/2024 Page 9 of 51 be in accordance with any pre -award clarifications conducted between the Recipient and Reclamation, as well as with the terms and conditions of this Agreement. Final determination of the allowability, allocability, or reasonableness of costs incurred under this Agreement is the responsibility of the GO. Recipients are encouraged to direct any questions regarding allowability, allocability or reasonableness of costs to the GO for review prior to incurrence of the costs in question. Summary Figures in this summary table are calculated from entries made in subsequent categories, only blank white cells require data entry. Category Total Cost Federal Estimated Amount Non -Federal Estimated Amount a. Personnel $14,814 b. Fringe Benefits $1,403 c. Travel $0 d. Equipment $0 e. Supplies $0 f. Contractual $0 g. Construction $150,000 h. Other Direct Costs $0 i. Total Direct Costs $166,217 i. Indirect Charges $0 Total Costs $166,217 $75,000 $91,217 Cost Share Percentage 45% 55% 7.2 Cost Sharing Requirement At least 50% non -Federal cost share is required for costs incurred under this Agreement. Based on the budget estimate reflected in Section 7.1 above, the estimated Federal share of allowable costs is 45% ($75,000) and the Recipient's estimated non -Federal cost share is 55% ($91,217). The Federal share of allowable costs shall not be expended in advance of the Recipient's non - Federal share. It is expected that expenditure of Federal and non -Federal funds based upon the cost share percentage above shall occur concurrently. If a bona fide need arises which requires the expenditure of Federal funds in advance of the Recipient share, then the Recipient must request written approval from the GO prior to the expenditure. Recipient's may expend their agreed upon share of costs in advance of the expenditure of Federal funds without prior written approval. R22AP00055 City of Santa Ana Agreement Template (0112021) City Council 17 — 16 2/6/2024 Page 10 of 51 7.3 Pre -Award Incurrence of Costs The Recipient is not authorized to incur costs prior to the award of this Agreement. Costs incurred prior to the award of this Agreement are not allowable. 7.4 Allowable Costs Costs incurred for the performance of this Agreement must be allowable, allocable to the project, and reasonable. The following regulations, codified within the Code of Federal Regulations (CFR), governs the allowability of costs for Federal financial assistance: 2 CFR 200 Subpart E, "Cost Principles" Expenditures for the performance of this Agreement must conform to the requirements within this CFR. The Recipient must maintain sufficient documentation to support these expenditures. Questions on the allowability of costs should be directed to the GO responsible for this Agreement. The Recipient shall not incur costs or obligate funds for any purpose pertaining to operation of the program or activities beyond the expiration date stated in the Agreement. The only costs which are authorized for a period of up to 120 days following the project period are those strictly associated with closeout activities for preparation of the final reports. 7.5 Revision of Budget and Program Plans In accordance with 2 CFR 200.308(h) the recipient must request prior written approval for any of the following changes: (a) A change in the approved scope of work or associated tasks, even if there is no associated budget revisions. (b) Revisions which require additional Federal funds to complete the project. (c) Revisions which involve specific costs for which prior written approval requirements may be imposed consistent with OMB cost principles listed in 2 CFR 200 Subpart E "Cost Principles". 7.6 Amendments Any changes to this Agreement shall be made by means of a written amendment. Reclamation may make changes to the Agreement by means of a unilateral amendment to address changes in address, no -cost time extensions, changes to Key Personnel, the addition of previously agreed upon funding, or administrative corrections which do not impact the terms and conditions of this agreement. Additionally, a unilateral amendment may be utilized by Reclamation if it should become necessary to suspend or terminate the Agreement in accordance with 2 CFR 200.340. All other changes shall be made by means of a bilateral amendment to the Agreement. No oral statement made by any person, or written statement by any person other than the GO, shall be R22AP00055 City of Santa Ana Agreement Template (0112021) City Council 17 — 17 2/6/2024 Page 11 of 51 allowed in any manner or degree to amend, modify or otherwise effect the terms of the Agreement. All requests for amendment of the Agreement shall be made in writing, provide a full description of the reason for the request, and be sent to the attention of the GO. Any request for project period extension shall be made at least 45 days prior to the end of the project period of the Agreement or the project period date of any extension that may have been previously granted. Any determination to extend the project period or to provide follow-on funding for continuation of a project is solely at the discretion of Reclamation. 8. KEY PERSONNEL 8.1 Recipient's Key Personnel. The Recipient's Project Manager for this Agreement shall be: Name: Nabil Saba Title: Executive Director Street: 220 S. Daisy Ave. City, State, Zip: Santa Ana, CA 92703-9000 Phone #: 714-647-5690 Email: nsaba@santa-ana.org 9. LIMITATION OF AUTHORITIES 9.1 Grants Officer (GO). The Reclamation GO is the only official with legal delegated authority to represent Reclamation. The Reclamation GO's responsibilities include, but are not limited to, the following: (a) Formally obligate Reclamation to expend funds or change the funding level of the Agreement; (b) Approve through formal amendment changes in the scope of work and/or budget; (c) Approve through formal amendment any increase or decrease in the period of performance of the Agreement; (d) Approve through formal amendment changes in any of the expressed terms, conditions, or specifications of the Agreement; (e) Be responsible for the overall administration, management, and other non -programmatic aspects of the Agreement including, but not limited to, interpretation of financial assistance statutes, regulations, circulars, policies, and terms of the Agreement; (f) Where applicable, ensures that Reclamation complies with the administrative requirements required by statutes, regulations, circulars, policies, and terms of the Agreement. R22AP00055 Agreement Template City of Santa Ana (0112021) City Council 17 — 18 2/6/2024 Page 12 of 51 9.2 Grants Management Specialist (GMS). The Reclamation Grants Management Specialist (GMS) is the primary administrative point of contact for this agreement and should be contacted regarding issues related to the day-to-day management of the agreement. Requests for approval regarding the terms and conditions of the agreement, including but not limited to amendments and prior approval, may only be granted, in writing, by a Reclamation GO. Please note that for some agreements, the Reclamation GO and the Reclamation GMS may be the same individual. 10. REPORTING REQUIREMENTS AND DISTRIBUTION 10.1 Noncompliance. Failure to comply with the reporting requirements contained in this Agreement may be considered a material noncompliance with the terms and conditions of the award. Noncompliance may result in withholding of payments pending receipt of required reports, denying both the use of funds and matching credit for all or part of the cost of the activity or action not in compliance, whole or partial suspension or termination of the Agreement, recovery of funds paid under the Agreement, withholding of future awards, or other legal remedies in accordance with 2 CFR 200.340. 10.2 Financial Reports. Federal Financial Reports shall be submitted by means of the SF-425 and shall be submitted according to the Report Frequency and Distribution schedule below. All financial reports shall be signed by an Authorized Certifying Official for the Recipient's organization. 10.3 Monitoring and Reporting Program Performance. (a) Monitoring by the non -Federal entity. The non -Federal entity is responsible for oversight of the operations of the Federal award supported activities. The non -Federal entity must monitor its activities under Federal awards to assure compliance with applicable Federal requirements and performance expectations are being achieved. Monitoring by the non - Federal entity must cover each program, function or activity. See also 2 CFR 200.332 Requirements for pass -through entities. (b) Non -construction performance reports. The Federal awarding agency must use standard, OMB -approved data elements for collection of performance information (including performance progress reports, Research Performance Progress Report, or such future collections as may be approved by OMB and listed on the OMB Web site). (1) The non -Federal entity must submit performance reports at the interval required by the Federal awarding agency or pass -through entity to best inform improvements in program outcomes and productivity. Intervals must be no less frequent than annually nor more frequent than quarterly except in unusual circumstances, for example where more frequent reporting is necessary for the effective monitoring of the Federal award or could significantly affect program outcomes. Annual reports must be due 90 calendar days after the reporting period; quarterly or semiannual reports must be due 30 calendar days after the reporting period. Alternatively, the Federal awarding R22AP00055 City of Santa Ana Agreement Template (0112021) City Council 17 — 19 2/6/2024 Page 13 of 51 agency or pass -through entity may require annual reports before the anniversary dates of multiple year Federal awards. The final performance report will be due 120 calendar days after the period of performance end date. If a justified request is submitted by a non -Federal entity, the Federal agency may extend the due date for any performance report. (2) The non -Federal entity must submit performance reports using OMB -approved governmentwide standard information collections when providing performance information. As appropriate in accordance with above mentioned information collections, these reports will contain, for each Federal award, brief information on the following unless other collections are approved by OMB: (i) A comparison of actual accomplishments to the objectives of the Federal award established for the period. Where the accomplishments of the Federal award can be quantified, a computation of the cost (for example, related to units of accomplishment) may be required if that information will be useful. Where performance trend data and analysis would be informative to the Federal awarding agency program, the Federal awarding agency should include this as a performance reporting requirement. (ii) The reasons why established goals were not met, if appropriate. (iii) Additional pertinent information including, when appropriate, analysis and explanation of cost overruns or high unit costs. (c) Construction performance reports. For the most part, onsite technical inspections and certified percentage of completion data are relied on heavily by Federal awarding agencies and pass -through entities to monitor progress under Federal awards and subawards for construction. The Federal awarding agency may require additional performance reports only when considered necessary. (d) Significant developments. Events may occur between the scheduled performance reporting dates that have significant impact upon the supported activity. In such cases, the non -Federal entity must inform the Federal awarding agency or pass -through entity as soon as the following types of conditions become known: (1) Problems, delays, or adverse conditions which will materially impair the ability to meet the objective of the Federal award. This disclosure must include a statement of the action taken, or contemplated, and any assistance needed to resolve the situation. (2) Favorable developments which enable meeting time schedules and objectives sooner or at less cost than anticipated or producing more or different beneficial results than originally planned. R22AP00055 City of Santa Ana Agreement Template (0112021) City Council 17 — 20 2/6/2024 Page 14 of 51 Reclamation requires Performance reporting for all financial assistance awards, both Construction and non -Construction. Performance reports for Construction agreements shall meet the same minimum requirements outlined in paragraph (b)(2) above. 10.4 Report Frequency and Distribution. The following table sets forth the reporting requirements for this Agreement. Please note the first report due date listed for each type of report. Required Reports Interim Reports Final Report Performance Report Format No specific format required. See content Summary of activities completed requirements within Section 10.3 and during the entire period of performance any program specific reporting is required. See content requirements requirements identified in Section 6.1 of within Section 10.3 and any program this Agreement. specific reporting requirements identified in Section 6.1 of this Agreement. Reporting Final Report due within 120 days after Frequency Annual the end of the period of performance. Reporting Period The Federal Fiscal Year, October 1 Entire period of performance through September 30. Due Date Final Report due within 120 days after For Annual Reporting: Within 90 days the end of the period of performance or after the end of the Reporting Period. completion of the project. First Report Due The first performance report is due for N/A Date reporting eriod ending 0913012022. Submit to: sha-dro-faoperationsnusbr. og_v sha-dro-faoperationskusbr. og_v or or GrantSolutions GrantSolutions Federal Financial Report Format SF-425 (all sections must be completed) SF-425(all sections must be completed) Reporting Final Report due within 120 days after Frequency Annual the end of the period of performance or completion of the project. Reporting Period The Federal Fiscal Year, October 1 Entire period of performance through September 30. Due Date Final Report due within 120 days after For Annual Reporting: Within 90 days the end of the period of performance or after the end of the Reporting Period. completion of project. First Report Due The first Federal financial report is due N/A Date for reporting eriod ending 0913012022. Submit to: sha-dro-faoperations&usbr.. og_v sha-dro-faoperationskusbr. og_v or or GrantSolutions GrantSolutions R22AP00055 City of Santa Ana Agreement Template (0112021) City Council 17 — 21 2/6/2024 Page 15 of 51 11. REGULATORY COMPLIANCE The Recipient agrees to comply or assist Reclamation with all regulatory compliance requirements and all applicable state, Federal, and local environmental and cultural and paleontological resource protection laws and regulations as applicable to this project. These may include, but are not limited to, the National Environmental Policy Act (NEPA), including the Council on Environmental Quality and Department of the Interior regulations implementing NEPA, the Clean Water Act, the Endangered Species Act, consultation with potentially affected Tribes, and consultation with the State Historic Preservation Office. If the Recipient begins project activities that require environmental or other regulatory compliance approval prior to receipt of written notice from a Reclamation GO that all such clearances have been obtained, then Reclamation reserves the right to initiate remedies for non-compliance as defined by 2 CFR 200.340 up to and including unilateral termination of this agreement. R22AP00055 Agreement Template City of Santa Ana (0112021) City Council 17 — 22 2/6/2024 Page 16 of 51 II. RECLAMATION STANDARD TERMS AND CONDITIONS 1. REGULATIONS The regulations at 2 CFR Subtitle A, Chapter II, Part 200 "Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards", are hereby incorporated by reference as though set forth in full text. Failure of a Recipient to comply with any applicable regulation or circular may be the basis for withholding payments for proper charges made by the Recipient and/or for termination of support. 2. PAYMENT 2.1 Payment (2 CFR 200.305). (a) For states, payments are governed by Treasury -State Cash Management Improvement Act (CMIA) agreements and default procedures codified at 31 CFR part 205 and Treasury Financial Manual (TFM) 4A-2000, "Overall Disbursing Rules for All Federal Agencies". (b) For non -Federal entities other than states, payments methods must minimize the time elapsing between the transfer of funds from the United States Treasury or the pass -through entity and the disbursement by the non -Federal entity whether the payment is made by electronic funds transfer, or issuance or redemption of checks, warrants, or payment by other means. See also §200.302(b)(6). Except as noted elsewhere in this part, Federal agencies must require recipients to use only OMB -approved, governmentwide information collection requests to request payment. (1) The non -Federal entity must be paid in advance, provided it maintains or demonstrates the willingness to maintain both written procedures that minimize the time elapsing between the transfer of funds and disbursement by the non -Federal entity, and financial management systems that meet the standards for fund control and accountability as established in this part. Advance payments to a non -Federal entity must be limited to the minimum amounts needed and be timed to be in accordance with the actual, immediate cash requirements of the non -Federal entity in carrying out the purpose of the approved program or project. The timing and amount of advance payments must be as close as is administratively feasible to the actual disbursements by the non -Federal entity for direct program or project costs and the proportionate share of any allowable indirect costs. The non -Federal entity must make timely payment to contractors in accordance with the contract provisions. (2) Whenever possible, advance payments must be consolidated to cover anticipated cash needs for all Federal awards made by the Federal awarding agency to the recipient. (i) Advance payment mechanisms include, but are not limited to, Treasury check and electronic funds transfer and must comply with applicable guidance in 31 CFR part 208. (ii) Non -Federal entities must be authorized to submit requests for advance payments and reimbursements at least monthly when electronic fund transfers are not used, R22AP00055 City of Santa Ana Agreement Template (0112021) City Council 17 — 23 2/6/2024 Page 17 of 51 and as often as they like when electronic transfers are used, in accordance with the provisions of the Electronic Fund Transfer Act (15 U.S.C. 1693-1693r). (3) Reimbursement is the preferred method when the requirements in this paragraph (b) cannot be met, when the Federal awarding agency sets a specific condition per §200.208, or when the non -Federal entity requests payment by reimbursement. This method may be used on any Federal award for construction, or if the major portion of the construction project is accomplished through private market financing or Federal loans, and the Federal award constitutes a minor portion of the project. When the reimbursement method is used, the Federal awarding agency or pass -through entity must make payment within 30 calendar days after receipt of the billing, unless the Federal awarding agency or pass -through entity reasonably believes the request to be improper. (4) If the non -Federal entity cannot meet the criteria for advance payments and the Federal awarding agency or pass -through entity has determined that reimbursement is not feasible because the non -Federal entity lacks sufficient working capital, the Federal awarding agency or pass -through entity may provide cash on a working capital advance basis. Under this procedure, the Federal awarding agency or pass -through entity must advance cash payments to the non -Federal entity to cover its estimated disbursement needs for an initial period generally geared to the non -Federal entity's disbursing cycle. Thereafter, the Federal awarding agency or pass -through entity must reimburse the non -Federal entity for its actual cash disbursements. Use of the working capital advance method of payment requires that the pass -through entity provide timely advance payments to any subrecipients in order to meet the subrecipient's actual cash disbursements. The working capital advance method of payment must not be used by the pass -through entity if the reason for using this method is the unwillingness or inability of the pass -through entity to provide timely advance payments to the subrecipient to meet the subrecipient's actual cash disbursements. (5) To the extent available, the non -Federal entity must disburse funds available from program income (including repayments to a revolving fund), rebates, refunds, contract settlements, audit recoveries, and interest earned on such funds before requesting additional cash payments. (6) Unless otherwise required by Federal statutes, payments for allowable costs by non - Federal entities must not be withheld at any time during the period of performance unless the conditions of §200.208, subpart D of this part, including §200.339, or one or more of the following applies: (i) The non -Federal entity has failed to comply with the project objectives, Federal statutes, regulations, or the terms and conditions of the Federal award. (ii) The non -Federal entity is delinquent in a debt to the United States as defined in OMB Circular A-129, "Policies for Federal Credit Programs and Non -Tax Receivables." Under such conditions, the Federal awarding agency or pass - through entity may, upon reasonable notice, inform the non -Federal entity that payments must not be made for financial obligations incurred after a specified R22AP00055 City of Santa Ana Agreement Template (0112021) City Council 17 — 24 2/6/2024 Page 18 of 51 date until the conditions are corrected or the indebtedness to the Federal Government is liquidated. (iii) A payment withheld for failure to comply with Federal award conditions, but without suspension of the Federal award, must be released to the non -Federal entity upon subsequent compliance. When a Federal award is suspended, payment adjustments will be made in accordance with §200.343. (iv) A payment must not be made to a non -Federal entity for amounts that are withheld by the non -Federal entity from payment to contractors to assure satisfactory completion of work. A payment must be made when the non -Federal entity actually disburses the withheld funds to the contractors or to escrow accounts established to assure satisfactory completion of work. (7) Standards governing the use of banks and other institutions as depositories of advance payments under Federal awards are as follows. (i) The Federal awarding agency and pass -through entity must not require separate depository accounts for funds provided to a non -Federal entity or establish any eligibility requirements for depositories for funds provided to the non -Federal entity. However, the non -Federal entity must be able to account for funds received, obligated, and expended. (ii) Advance payments of Federal funds must be deposited and maintained in insured accounts whenever possible. (8) The non -Federal entity must maintain advance payments of Federal awards in interest - bearing accounts, unless the following apply: (i) The non -Federal entity receives less than $250,000 in Federal awards per year. (ii) The best reasonably available interest -bearing account would not be expected to earn interest in excess of $500 per year on Federal cash balances. (iii) The depository would require an average or minimum balance so high that it would not be feasible within the expected Federal and non -Federal cash resources. (iv) A foreign government or banking system prohibits or precludes interest -bearing accounts. (9) Interest earned amounts up to $500 per year may be retained by the non -Federal entity for administrative expense. Any additional interest earned on Federal advance payments deposited in interest -bearing accounts must be remitted annually to the Department of Health and Human Services Payment Management System (PMS) through an electronic medium using either Automated Clearing House (ACH) network or a Fedwire Funds Service payment. (i) For returning interest on Federal awards paid through PMS, the refund should: (A) Provide an explanation stating that the refund is for interest; (B) List the PMS Payee Account Number(s) (PANs); R22AP00055 Agreement Template City of Santa Ana (0112021) City Council 17 — 25 2/6/2024 Page 19 of 51 (C) List the Federal award number(s) for which the interest was earned; and (D) Make returns payable to: Department of Health and Human Services. (ii) For returning interest on Federal awards not paid through PMS, the refund should: (A) Provide an explanation stating that the refund is for interest; (B) Include the name of the awarding agency; (C) List the Federal award number(s) for which the interest was earned; and (D) Make returns payable to: Department of Health and Human Services. (10) Funds, principal, and excess cash returns must be directed to the original Federal agency payment system. The non -Federal entity should review instructions from the original Federal agency payment system. Returns should include the following information: (i) Payee Account Number (PAN), if the payment originated from PMS, or Agency information to indicate whom to credit the funding if the payment originated from ASAP, NSF, or another Federal agency payment system. (ii) PMS document number and subaccount(s), if the payment originated from PMS, or relevant account numbers if the payment originated from another Federal agency payment system. (iii) The reason for the return (e.g., excess cash, funds not spent, interest, part interest part other, etc.) (11) When returning funds or interest to PMS you must include the following as applicable: (i) For ACH Returns: Routing Number: 051036706 Account number: 303000 Bank Name and Location: Credit Gateway—ACH Receiver St. Paul, MN (ii) For Fedwire Returns': Routing Number: 021030004 Account number: 75010501 Bank Name and Location: Federal Reserve Bank Treas NYC/Funds Transfer Division New York, NY 'Please note that the organization initiating payment is likely to incur a charge from their Financial Institution for this type of payment. (iii) For International ACH Returns: Beneficiary Account: Federal Reserve Bank of New York/ITS (FRBNY/ITS) Bank: Citibank N.A. (New York) Swift Code: CITIUS33 Account Number: 36838868 R22AP00055 City of Santa Ana Bank Address: 388 Greenwich Street, New York, NY 10013 USA Payment Details (Line 70): Agency Locator Code (ALC): 75010501 Name (abbreviated when possible) and ALC Agency POC Agreement Template (0112021) City Council 17 — 26 2/6/2024 Page 20 of 51 (iv) For recipients that do not have electronic remittance capability, please make check2 payable to: "The Department of Health and Human Services." Mail Check to Treasury approved lockbox: HHS Program Support Center, P.O. Box 530231, Atlanta, GA 30353-0231 2Please allow 4-6 weeks for processing of a payment by check to be applied to the appropriate PMS account. (v) Questions can be directed to PMS at 877-614-5533 or PMSSupport@psc.hhs.gov. 2.2 Payment Method. Recipients must utilize the Department of Treasury Automated Standard Application for Payments (ASAP) payment system to request advance or reimbursement payments. ASAP is a Recipient -initiated payment and information system designed to provide a single point of contact for the request and delivery of Federal funds. ASAP is the only allowable method for request and receipt of payment. Recipient procedures must minimize the time elapsing between the drawdown of Federal funds and the disbursement for agreement purposes. In accordance with 2 CFR 25.200(b)(2) the Recipient shall "Maintain an active SAM registration with current information, including information on a recipient's immediate and highest -level owner and subsidiaries, as well as on all predecessors that have been awarded a Federal contract or grant within the last three years, if applicable, at all times during which it has an active Federal award or an application or plan under consideration by a Federal awarding agency. If the Recipient allows their SAM registration to lapse, the Recipient's accounts within ASAP will be automatically suspended by Reclamation until such time as the Recipient renews their SAM registration. 3. PROCUREMENT STANDARDS (2 CFR 200.317 through 200.327) §200.317 Procurements by States. When procuring property and services under a Federal award, a State must follow the same policies and procedures it uses for procurements from its non -Federal funds. The State will comply with §§200.321, 200.322, and 200.323 and ensure that every purchase order or other contract includes any clauses required by §200.327. All other non -Federal entities, including subrecipients of a State, must follow the procurement standards in §§200.318 through 200.327. §200.318 General procurement standards. (a) The non -Federal entity must use its own documented procurement procedures which reflect applicable State, local, and tribal laws and regulations, provided that the procurements conform to applicable Federal law and the standards identified in this part. (b) Non -Federal entities must maintain oversight to ensure that contractors perform in accordance with the terms, conditions, and specifications of their contracts or purchase orders. R22AP00055 Agreement Template City of Santa Ana (0112021) City Council 17 — 27 2/6/2024 Page 21 of 51 (c) (1) The non -Federal entity must maintain written standards of conduct covering conflicts of interest and governing the actions of its employees engaged in the selection, award and administration of contracts. No employee, officer, or agent may participate in the selection, award, or administration of a contract supported by a Federal award if he or she has a real or apparent conflict of interest. Such a conflict of interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in or a tangible personal benefit from a firm considered for a contract. The officers, employees, and agents of the non -Federal entity may neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. However, non -Federal entities may set standards for situations in which the financial interest is not substantial or the gift is an unsolicited item of nominal value. The standards of conduct must provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents of the non -Federal entity. (2) If the non -Federal entity has a parent, affiliate, or subsidiary organization that is not a state, local government, or Indian tribe, the non -Federal entity must also maintain written standards of conduct covering organizational conflicts of interest. Organizational conflicts of interest means that because of relationships with a parent company, affiliate, or subsidiary organization, the non -Federal entity is unable or appears to be unable to be impartial in conducting a procurement action involving a related organization. (d) The non -Federal entity's procedures must avoid acquisition of unnecessary or duplicative items. Consideration should be given to consolidating or breaking out procurements to obtain a more economical purchase. Where appropriate, an analysis will be made of lease versus purchase alternatives, and any other appropriate analysis to determine the most economical approach. (e) To foster greater economy and efficiency, and in accordance with efforts to promote cost- effective use of shared services across the Federal Government, the non -Federal entity is encouraged to enter into state and local intergovernmental agreements or inter -entity agreements where appropriate for procurement or use of common or shared goods and services. (f) The non -Federal entity is encouraged to use Federal excess and surplus property in lieu of purchasing new equipment and property whenever such use is feasible and reduces project costs. (g) The non -Federal entity is encouraged to use value engineering clauses in contracts for construction projects of sufficient size to offer reasonable opportunities for cost reductions. Value engineering is a systematic and creative analysis of each contract item or task to ensure that its essential function is provided at the overall lower cost. R22AP00055 City of Santa Ana Agreement Template (0112021) City Council 17 — 28 2/6/2024 Page 22 of 51 (h) The non -Federal entity must award contracts only to responsible contractors possessing the ability to perform successfully under the terms and conditions of a proposed procurement. Consideration will be given to such matters as contractor integrity, compliance with public policy, record of past performance, and financial and technical resources. See also 200.212 Suspension and debarment. (i) The non -Federal entity must maintain records sufficient to detail the history of procurement. These records will include, but are not necessarily limited to the following: rationale for the method of procurement, selection of contract type, contractor selection or rejection, and the basis for the contract price. G) (1) The non -Federal entity may use a time and materials type contract only after a determination that no other contract is suitable and if the contract includes a ceiling price that the contractor exceeds at its own risk. Time and materials type contract means a contract whose cost to a non -Federal entity is the sum o£(i) The actual cost of materials; and (ii) Direct labor hours charged at fixed hourly rates that reflect wages, general and administrative expenses, and profit. (2) Since this formula generates an open-ended contract price, a time -and -materials contract provides no positive profit incentive to the contractor for cost control or labor efficiency. Therefore, each contract must set a ceiling price that the contractor exceeds at its own risk. Further, the non -Federal entity awarding such a contract must assert a high degree of oversight in order to obtain reasonable assurance that the contractor is using efficient methods and effective cost controls. (k) The non -Federal entity alone must be responsible, in accordance with good administrative practice and sound business judgment, for the settlement of all contractual and administrative issues arising out of procurements. These issues include, but are not limited to, source evaluation, protests, disputes, and claims. These standards do not relieve the non -Federal entity of any contractual responsibilities under its contracts. The Federal awarding agency will not substitute its judgment for that of the non -Federal entity unless the matter is primarily a Federal concern. Violations of law will be referred to the local, state, or Federal authority having proper jurisdiction. §200.319 Competition. (a) All procurement transactions for the acquisition of property or services required under a Federal award must be conducted in a manner providing full and open competition consistent with the standards of this section and §200.320. (b) In order to ensure objective contractor performance and eliminate unfair competitive advantage, contractors that develop or draft specifications, requirements, statements of work, or invitations for bids or requests for proposals must be excluded from competing R22AP00055 City of Santa Ana Agreement Template (0112021) City Council 17 — 29 2/6/2024 Page 23 of 51 for such procurements. Some of the situations considered to be restrictive of competition include but are not limited to: (1) Placing unreasonable requirements on firms in order for them to qualify to do business; (2) Requiring unnecessary experience and excessive bonding; (3) Noncompetitive pricing practices between firms or between affiliated companies; (4) Noncompetitive contracts to consultants that are on retainer contracts; (5) Organizational conflicts of interest; (6) Specifying only a "brand name" product instead of allowing "an equal" product to be offered and describing the performance or other relevant requirements of the procurement; and (7) Any arbitrary action in the procurement process. (c) The non -Federal entity must conduct procurements in a manner that prohibits the use of statutorily or administratively imposed state, local, or tribal geographical preferences in the evaluation of bids or proposals, except in those cases where applicable Federal statutes expressly mandate or encourage geographic preference. Nothing in this section preempts state licensing laws. When contracting for architectural and engineering (A/E) services, geographic location may be a selection criterion provided its application leaves an appropriate number of qualified firms, given the nature and size of the project, to compete for the contract. (d) The non -Federal entity must have written procedures for procurement transactions. These procedures must ensure that all solicitations: (1) Incorporate a clear and accurate description of the technical requirements for the material, product, or service to be procured. Such description must not, in competitive procurements, contain features which unduly restrict competition. The description may include a statement of the qualitative nature of the material, product or service to be procured and, when necessary, must set forth those minimum essential characteristics and standards to which it must conform if it is to satisfy its intended use. Detailed product specifications should be avoided if at all possible. When it is impractical or uneconomical to make a clear and accurate description of the technical requirements, a "brand name or equivalent" description may be used as a means to define the performance or other salient requirements of procurement. The specific features of the named brand which must be met by offers must be clearly stated; and (2) Identify all requirements which the offerors must fulfill and all other factors to be used in evaluating bids or proposals. (e) The non -Federal entity must ensure that all prequalified lists of persons, firms, or products which are used in acquiring goods and services are current and include enough qualified sources to ensure maximum open and free competition. Also, the non -Federal entity must not preclude potential bidders from qualifying during the solicitation period. R22AP00055 City of Santa Ana Agreement Template (0112021) City Council 17 — 30 2/6/2024 Page 24 of 51 (f) Noncompetitive procurements can only be awarded in accordance with §200.320(c). §200.320 Methods of procurement to be followed. The non -Federal entity must have and use documented procurement procedures, consistent with the standards of this section and §§200.317, 200.318, and 200.319 for any of the following methods of procurement used for the acquisition of property or services required under a Federal award or sub -award. (a) Informal procurement methods. When the value of the procurement for property or services under a Federal award does not exceed the simplified acquisition threshold (SAT), as defined in §200.1, or a lower threshold established by a non -Federal entity, formal procurement methods are not required. The non -Federal entity may use informal procurement methods to expedite the completion of its transactions and minimize the associated administrative burden and cost. The informal methods used for procurement of property or services at or below the SAT include: (1) Micro-purchases—(i) Distribution. The acquisition of supplies or services, the aggregate dollar amount of which does not exceed the micro -purchase threshold (See the definition of micro -purchase in §200.1). To the maximum extent practicable, the non -Federal entity should distribute micro -purchases equitably among qualified suppliers. (ii) Micro -purchase awards. Micro -purchases may be awarded without soliciting competitive price or rate quotations if the non -Federal entity considers the price to be reasonable based on research, experience, purchase history or other information and documents it files accordingly. Purchase cards can be used for micro -purchases if procedures are documented and approved by the non -Federal entity. (iii) Micro -purchase thresholds. The non -Federal entity is responsible for determining and documenting an appropriate micro -purchase threshold based on internal controls, an evaluation of risk, and its documented procurement procedures. The micro -purchase threshold used by the non -Federal entity must be authorized or not prohibited under State, local, or tribal laws or regulations. Non -Federal entities may establish a threshold higher than the Federal threshold established in the Federal Acquisition Regulations (FAR) in accordance with paragraphs (a)(1)(iv) and (v) of this section. (iv) Non -Federal entity increase to the micro -purchase threshold up to $50,000. Non - Federal entities may establish a threshold higher than the micro -purchase threshold identified in the FAR in accordance with the requirements of this section. The non -Federal entity may self -certify a threshold up to $50,000 on an annual basis and must maintain documentation to be made available to the Federal awarding agency and auditors in accordance with §200.334. The self- R22AP00055 City of Santa Ana Agreement Template (0112021) City Council 17 — 31 2/6/2024 Page 25 of 51 certification must include a justification, clear identification of the threshold, and supporting documentation of any of the following: (A) A qualification as a low -risk auditee, in accordance with the criteria in §200.520 for the most recent audit; (B) An annual internal institutional risk assessment to identify, mitigate, and manage financial risks; or, (C) For public institutions, a higher threshold consistent with State law. (v) Non -Federal entity increase to the micro -purchase threshold over $50,000. Micro -purchase thresholds higher than $50,000 must be approved by the cognizant agency for indirect costs. The non-federal entity must submit a request with the requirements included in paragraph (a)(1)(iv) of this section. The increased threshold is valid until there is a change in status in which the justification was approved. (2) Small purchases(i) Small purchase procedures. The acquisition of property or services, the aggregate dollar amount of which is higher than the micro -purchase threshold but does not exceed the simplified acquisition threshold. If small purchase procedures are used, price or rate quotations must be obtained from an adequate number of qualified sources as determined appropriate by the non -Federal entity. (ii) Simplified acquisition thresholds. The non -Federal entity is responsible for determining an appropriate simplified acquisition threshold based on internal controls, an evaluation of risk and its documented procurement procedures which must not exceed the threshold established in the FAR. When applicable, a lower simplified acquisition threshold used by the non -Federal entity must be authorized or not prohibited under State, local, or tribal laws or regulations. (b) Formal procurement methods. When the value of the procurement for property or services under a Federal financial assistance award exceeds the SAT, or a lower threshold established by a non -Federal entity, formal procurement methods are required. Formal procurement methods require following documented procedures. Formal procurement methods also require public advertising unless a non-competitive procurement can be used in accordance with §200.319 or paragraph (c) of this section. The following formal methods of procurement are used for procurement of property or services above the simplified acquisition threshold or a value below the simplified acquisition threshold the non -Federal entity determines to be appropriate: (1) Sealed bids. A procurement method in which bids are publicly solicited and a firm fixed -price contract (lump sum or unit price) is awarded to the responsible bidder whose bid, conforming with all the material terms and conditions of the invitation for R22AP00055 City of Santa Ana Agreement Template (0112021) City Council 17 — 32 2/6/2024 Page 26 of 51 bids, is the lowest in price. The sealed bids method is the preferred method for procuring construction, if the conditions. (i) In order for sealed bidding to be feasible, the following conditions should be present: (A) A complete, adequate, and realistic specification or purchase description is available; (B) Two or more responsible bidders are willing and able to compete effectively for the business; and (C) The procurement lends itself to a firm fixed price contract and the selection of the successful bidder can be made principally on the basis of price. (ii) If sealed bids are used, the following requirements apply: (A) Bids must be solicited from an adequate number of qualified sources, providing them sufficient response time prior to the date set for opening the bids, for local, and tribal governments, the invitation for bids must be publicly advertised; (B) The invitation for bids, which will include any specifications and pertinent attachments, must define the items or services in order for the bidder to properly respond; (C) All bids will be opened at the time and place prescribed in the invitation for bids, and for local and tribal governments, the bids must be opened publicly; (D) A firm fixed price contract award will be made in writing to the lowest responsive and responsible bidder. Where specified in bidding documents, factors such as discounts, transportation cost, and life cycle costs must be considered in determining which bid is lowest. Payment discounts will only be used to determine the low bid when prior experience indicates that such discounts are usually taken advantage of; and (E) Any or all bids may be rejected if there is a sound documented reason. (2) Proposals. A procurement method in which either a fixed price or cost -reimbursement type contract is awarded. Proposals are generally used when conditions are not appropriate for the use of sealed bids. They are awarded in accordance with the following requirements: (i) Requests for proposals must be publicized and identify all evaluation factors and their relative importance. Proposals must be solicited from an adequate number of qualified offerors. Any response to publicized requests for proposals must be considered to the maximum extent practical; (ii) The non -Federal entity must have a written method for conducting technical evaluations of the proposals received and making selections; R22AP00055 City of Santa Ana Agreement Template (0112021) City Council 17 — 33 2/6/2024 Page 27 of 51 (iii) Contracts must be awarded to the responsible offeror whose proposal is most advantageous to the non -Federal entity, with price and other factors considered; and (iv) The non -Federal entity may use competitive proposal procedures for qualifications -based procurement of architectural/engineering (A/E) professional services whereby offeror's qualifications are evaluated and the most qualified offeror is selected, subject to negotiation of fair and reasonable compensation. The method, where price is not used as a selection factor, can only be used in procurement of A/E professional services. It cannot be used to purchase other types of services though A/E firms that are a potential source to perform the proposed effort. (c) Noncompetitive procurement. There are specific circumstances in which noncompetitive procurement can be used. Noncompetitive procurement can only be awarded if one or more of the following circumstances apply: (1) The acquisition of property or services, the aggregate dollar amount of which does not exceed the micro -purchase threshold (see paragraph (a)(1) of this section); (2) The item is available only from a single source; (3) The public exigency or emergency for the requirement will not permit a delay resulting from publicizing a competitive solicitation; (4) The Federal awarding agency or pass -through entity expressly authorizes a noncompetitive procurement in response to a written request from the non -Federal entity; or (5) After solicitation of a number of sources, competition is determined inadequate. §200.321 Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms. (a) The non -Federal entity must take all necessary affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used when possible. (b) Affirmative steps must include: (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; R22AP00055 City of Santa Ana Agreement Template (0112021) City Council 17 — 34 2/6/2024 Page 28 of 51 (4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; (5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and (6) Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs (b)(1) through (5) of this section. §200.322 Domestic preferences for procurements. (a) As appropriate and to the extent consistent with law, the non -Federal entity should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award. (b) For purposes of this section: (1) "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (2) "Manufactured products" means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer -based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. §200.323 Procurement of recovered materials. A non -Federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. §200.324 Contract cost and price. (a) The non -Federal entity must perform a cost or price analysis in connection with every procurement action in excess of the Simplified Acquisition Threshold including contract amendments. The method and degree of analysis is dependent on the facts surrounding R22AP00055 City of Santa Ana Agreement Template (0112021) City Council 17 — 35 2/6/2024 Page 29 of 51 the particular procurement situation, but as a starting point, the non -Federal entity must make independent estimates before receiving bids or proposals. (b) The non -Federal entity must negotiate profit as a separate element of the price for each contract in which there is no price competition and in all cases where cost analysis is performed. To establish a fair and reasonable profit, consideration must be given to the complexity of the work to be performed, the risk borne by the contractor, the contractor's investment, the amount of subcontracting, the quality of its record of past performance, and industry profit rates in the surrounding geographical area for similar work. (c) Costs or prices based on estimated costs for contracts under the Federal award are allowable only to the extent that costs incurred or cost estimates included in negotiated prices would be allowable for the non -Federal entity under subpart E of this part. The non -Federal entity may reference its own cost principles that comply with the Federal cost principles. (d) The cost plus a percentage of cost and percentage of construction cost methods of contracting must not be used. §200.325 Federal awarding agency or pass -through entity review. (a) The non -Federal entity must make available, upon request of the Federal awarding agency or pass -through entity, technical specifications on proposed procurements where the Federal awarding agency or pass -through entity believes such review is needed to ensure that the item or service specified is the one being proposed for acquisition. This review generally will take place prior to the time the specification is incorporated into a solicitation document. However, if the non -Federal entity desires to have the review accomplished after a solicitation has been developed, the Federal awarding agency or pass -through entity may still review the specifications, with such review usually limited to the technical aspects of the proposed purchase. (b) The non -Federal entity must make available upon request, for the Federal awarding agency or pass -through entity pre -procurement review, procurement documents, such as requests for proposals or invitations for bids, or independent cost estimates, when: (1) The non -Federal entity's procurement procedures or operation fails to comply with the procurement standards in this part; (2) The procurement is expected to exceed the Simplified Acquisition Threshold and is to be awarded without competition or only one bid or offer is received in response to a solicitation; (3) The procurement, which is expected to exceed the Simplified Acquisition Threshold, specifies a "brand name" product; (4) The proposed contract is more than the Simplified Acquisition Threshold and is to be awarded to other than the apparent low bidder under a sealed bid procurement; or R22AP00055 City of Santa Ana Agreement Template (0112021) City Council 17 — 36 2/6/2024 Page 30 of 51 (5) A proposed contract amendment changes the scope of a contract or increases the contract amount by more than the Simplified Acquisition Threshold. (c) The non -Federal entity is exempt from the pre -procurement review in paragraph (b) of this section if the Federal awarding agency or pass -through entity determines that its procurement systems comply with the standards of this part. (1) The non -Federal entity may request that its procurement system be reviewed by the Federal awarding agency or pass -through entity to determine whether its system meets these standards in order for its system to be certified. Generally, these reviews must occur where there is continuous high -dollar funding, and third -party contracts are awarded on a regular basis; (2) The non -Federal entity may self -certify its procurement system. Such self - certification must not limit the Federal awarding agency's right to survey the system. Under a self -certification procedure, the Federal awarding agency may rely on written assurances from the non -Federal entity that it is complying with these standards. The non -Federal entity must cite specific policies, procedures, regulations, or standards as being in compliance with these requirements and have its system available for review. §200.326 Bonding requirements. For construction or facility improvement contracts or subcontracts exceeding the Simplified Acquisition Threshold, the Federal awarding agency or pass -through entity may accept the bonding policy and requirements of the non -Federal entity provided that the Federal awarding agency or pass -through entity has made a determination that the Federal interest is adequately protected. If such a determination has not been made, the minimum requirements must be as follows: (a) A bid guarantee from each bidder equivalent to five percent of the bid price. The "bid guarantee" must consist of a firm commitment such as a bid bond, certified check, or other negotiable instrument accompanying a bid as assurance that the bidder will, upon acceptance of the bid, execute such contractual documents as may be required within the time specified. (b) A performance bond on the part of the contractor for 100 percent of the contract price. A "performance bond" is one executed in connection with a contract to secure fulfillment of all the contractor's requirements under such contract. (c) A payment bond on the part of the contractor for 100 percent of the contract price. A "payment bond" is one executed in connection with a contract to assure payment as required by law of all persons supplying labor and material in the execution of the work provided for in the contract. R22AP00055 City of Santa Ana Agreement Template (0112021) City Council 17 — 37 2/6/2024 Page 31 of 51 §200.327 Contract provisions. The non -Federal entity's contracts must contain the applicable provisions described in appendix II to this part. [78 FR 78608, Dec. 26, 2013, as amended at 79 FR 75885, Dec. 19, 2014, and 85 FR 49506] 4. EQUIPMENT (2 CFR 200.313) See also 200.439 Equipment and other capital expenditures. (a) Title. Subject to the obligations and conditions set forth in this section, title to equipment acquired under a Federal award will vest upon acquisition in the non -Federal entity. Unless a statute specifically authorizes the Federal agency to vest title in the non -Federal entity without further obligation to the Federal Government, and the Federal agency elects to do so, the title must be a conditional title. Title must vest in the non -Federal entity subject to the following conditions: (1) Use the equipment for the authorized purposes of the project during the period of performance, or until the property is no longer needed for the purposes of the project. (2) Not encumber the property without approval of the Federal awarding agency or pass - through entity. (3) Use and dispose of the property in accordance with paragraphs (b), (c) and (e) of this section. (b) A state must use, manage and dispose of equipment acquired under a Federal award by the state in accordance with state laws and procedures. Other non -Federal entities must follow paragraphs (c) through (e) of this section. (c) Use. (1) Equipment must be used by the non -Federal entity in the program or project for which it was acquired as long as needed, whether or not the project or program continues to be supported by the Federal award, and the non -Federal entity must not encumber the property without prior approval of the Federal awarding agency. When no longer needed for the original program or project, the equipment may be used in other activities supported by the Federal awarding agency, in the following order of priority: (i) Activities under a Federal award from the Federal awarding agency which funded the original program or project, then (ii) Activities under Federal awards from other Federal awarding agencies. This includes consolidated equipment for information technology systems. (2) During the time that equipment is used on the project or program for which it was acquired, the non -Federal entity must also make equipment available for use on other projects or programs currently or previously supported by the Federal Government, provided that such use will not interfere with the work on the projects or program for which it was originally acquired. First preference for other use must be given to other R22AP00055 City of Santa Ana Agreement Template (0112021) City Council 17 — 38 2/6/2024 Page 32 of 51 programs or projects supported by Federal awarding agency that financed the equipment and second preference must be given to programs or projects under Federal awards from other Federal awarding agencies. Use for non -federally -funded programs or projects is also permissible. User fees should be considered if appropriate. (3) Notwithstanding the encouragement in 200.307 Program income to earn program income, the non -Federal entity must not use equipment acquired with the Federal award to provide services for a fee that is less than private companies charge for equivalent services unless specifically authorized by Federal statute for as long as the Federal Government retains an interest in the equipment. (4) When acquiring replacement equipment, the non -Federal entity may use the equipment to be replaced as a trade-in or sell the property and use the proceeds to offset the cost of the replacement property. (d) Management requirements. Procedures for managing equipment (including replacement equipment), whether acquired in whole or in part under a Federal award, until disposition takes place will, as a minimum, meet the following requirements: (1) Property records must be maintained that include a description of the property, a serial number or other identification number, the source of funding for the property (including the FAIN), who holds title, the acquisition date, and cost of the property, percentage of Federal participation in the project costs for the Federal award under which the property was acquired, the location, use and condition of the property, and any ultimate disposition data including the date of disposal and sale price of the property. (2) A physical inventory of the property must be taken and the results reconciled with the property records at least once every two years. (3) A control system must be developed to ensure adequate safeguards to prevent loss, damage, or theft of the property. Any loss, damage, or theft must be investigated. (4) Adequate maintenance procedures must be developed to keep the property in good condition. (5) If the non -Federal entity is authorized or required to sell the property, proper sales procedures must be established to ensure the highest possible return. (e) Disposition. When original or replacement equipment acquired under a Federal award is no longer needed for the original project or program or for other activities currently or previously supported by a Federal awarding agency, except as otherwise provided in Federal statutes, regulations, or Federal awarding agency disposition instructions, the non -Federal entity must request disposition instructions from the Federal awarding agency if required by the terms and conditions of the Federal award. Disposition of the equipment will be made as follows, in accordance with Federal awarding agency disposition instructions: (1) Items of equipment with a current per unit fair market value of $5,000 or less may be retained, sold or otherwise disposed of with no further obligation to the Federal awarding agency. (2) Except as provided in 200.312 Federally -owned and exempt property, paragraph (b), or if the Federal awarding agency fails to provide requested disposition instructions within R22AP00055 Agreement Template City of Santa Ana (0112021) City Council 17 — 39 2/6/2024 Page 33 of 51 120 days, items of equipment with a current per -unit fair -market value in excess of $5,000 may be retained by the non -Federal entity or sold. The Federal awarding agency is entitled to an amount calculated by multiplying the current market value or proceeds from sale by the Federal awarding agency's percentage of participation in the cost of the original purchase. If the equipment is sold, the Federal awarding agency may permit the non -Federal entity to deduct and retain from the Federal share $500 or ten percent of the proceeds, whichever is less, for its selling and handling expenses. (3) The non -Federal entity may transfer title to the property to the Federal Government or to an eligible third party provided that, in such cases, the non -Federal entity must be entitled to compensation for its attributable percentage of the current fair market value of the property. (4) In cases where a non -Federal entity fails to take appropriate disposition actions, the Federal awarding agency may direct the non -Federal entity to take disposition actions. [78 FR 78608, Dec. 26, 2013, as amended at 79 FR 75884, Dec. 19, 2014] 5. SUPPLIES (2 CFR 200.314) See also 200.453 Materials and supplies costs, including costs of computing devices. (a) Title to supplies will vest in the non -Federal entity upon acquisition. If there is a residual inventory of unused supplies exceeding $5,000 in total aggregate value upon termination or completion of the project or program and the supplies are not needed for any other Federal award, the non -Federal entity must retain the supplies for use on other activities or sell them, but must, in either case, compensate the Federal Government for its share. The amount of compensation must be computed in the same manner as for equipment. See 200.313 Equipment, paragraph (e)(2) for the calculation methodology. (b) As long as the Federal Government retains an interest in the supplies, the non -Federal entity must not use supplies acquired under a Federal award to provide services to other organizations for a fee that is less than private companies charge for equivalent services, unless specifically authorized by Federal statute. 6. INSPECTION Reclamation has the right to inspect and evaluate the work performed or being performed under this Agreement, and the premises where the work is being performed, at all reasonable times and in a manner that will not unduly delay the work. If Reclamation performs inspection or evaluation on the premises of the Recipient or a sub -Recipient, the Recipient shall furnish and shall require sub -recipients to furnish all reasonable facilities and assistance for the safe and convenient performance of these duties. R22AP00055 City of Santa Ana Agreement Template (0112021) City Council 17 — 40 2/6/2024 Page 34 of 51 7. AUDIT REQUIREMENTS (2 CFR 200.501) (a) Audit required. A non -Federal entity that expends $750,000 or more during the non -Federal entity's fiscal year in Federal awards must have a single or program -specific audit conducted for that year in accordance with the provisions of this part. (b) Single audit. A non -Federal entity that expends $750,000 or more during the non -Federal entity's fiscal year in Federal awards must have a single audit conducted in accordance with 200.514 Scope of audit except when it elects to have a program -specific audit conducted in accordance with paragraph (c) of this section. (c) Program -specific audit election. When an auditee expends Federal awards under only one Federal program (excluding R&D) and the Federal program's statutes, regulations, or the terms and conditions of the Federal award do not require a financial statement audit of the auditee, the auditee may elect to have a program -specific audit conducted in accordance with 200.507 Program -specific audits. A program -specific audit may not be elected for R&D unless all of the Federal awards expended were received from the same Federal agency, or the same Federal agency and the same pass -through entity, and that Federal agency, or pass - through entity in the case of a subrecipient, approves in advance a program -specific audit. (d) Exemption when Federal awards expended are less than $750,000. A non -Federal entity that expends less than $750,000 during the non -Federal entity's fiscal year in Federal awards is exempt from Federal audit requirements for that year, except as noted in 200.503 Relation to other audit requirements, but records must be available for review or audit by appropriate officials of the Federal agency, pass -through entity, and Government Accountability Office (GAO). (e) Federally Funded Research and Development Centers (FFRDC). Management of an auditee that owns or operates a FFRDC may elect to treat the FFRDC as a separate entity for purposes of this part. (f) Subrecipients and Contractors. An auditee may simultaneously be a recipient, a subrecipient, and a contractor. Federal awards expended as a recipient or a subrecipient are subject to audit under this part. The payments received for goods or services provided as a contractor are not Federal awards. Section 200.331 Subrecipient and contractor determinations sets forth the considerations in determining whether payments constitute a Federal award or a payment for goods or services provided as a contractor. (g) Compliance responsibility for contractors. In most cases, the auditee's compliance responsibility for contractors is only to ensure that the procurement, receipt, and payment for goods and services comply with Federal statutes, regulations, and the terms and conditions of Federal awards. Federal award compliance requirements normally do not pass through to contractors. However, the auditee is responsible for ensuring compliance for procurement transactions which are structured such that the contractor is responsible for program compliance or the contractor's records must be reviewed to determine program compliance. Also, when these procurement transactions relate to a major program, the scope of the audit must include determining whether these transactions are in compliance with Federal statutes, regulations, and the terms and conditions of Federal awards. R22AP00055 City of Santa Ana Agreement Template (0112021) City Council 17 — 41 2/6/2024 Page 35 of 51 (h) For -profit subrecipient. Since this part does not apply to for -profit subrecipients, the pass - through entity is responsible for establishing requirements, as necessary, to ensure compliance by for -profit subrecipients. The agreement with the for -profit subrecipient must describe applicable compliance requirements and the for -profit subrecipient's compliance responsibility. Methods to ensure compliance for Federal awards made to for -profit subrecipients may include pre -award audits, monitoring during the agreement, and post - award audits. See also 200.332 Requirements for pass -through entities. [78 FR 78608, Dec. 26, 2013, as amended at 79 FR 75887, Dec. 19, 2014; 85 FR 49571, Aug. 13, 2020] 8. REMEDIES FOR NONCOMPLIANCE (2 CFR 200.339) 200.339 Remedies for noncompliance. If a non -Federal entity fails to comply with Federal statutes, regulations or the terms and conditions of a Federal award, the Federal awarding agency or pass -through entity may impose additional conditions, as described in 200.207 Specific conditions. If the Federal awarding agency or pass -through entity determines that noncompliance cannot be remedied by imposing additional conditions, the Federal awarding agency or pass -through entity may take one or more of the following actions, as appropriate in the circumstances. (a) Temporarily withhold cash payments pending correction of the deficiency by the non -Federal entity or more severe enforcement action by the Federal awarding agency or pass -through entity. (b) Disallow (that is, deny both use of funds and any applicable matching credit for) all or part of the cost of the activity or action not in compliance. (c) Wholly or partly suspend or terminate the Federal award. (d) Initiate suspension or debarment proceedings as authorized under 2 CFR part 180 and Federal awarding agency regulations (or in the case of a pass -through entity, recommend such a proceeding be initiated by a Federal awarding agency). (e) Withhold further Federal awards for the project or program. (f) Take other remedies that may be legally available. 9. TERMINATION (2 CFR 200.340) (a) The Federal award may be terminated in whole or in part as follows: (1) By the Federal awarding agency or pass -through entity, if a non -Federal entity fails to comply with the terms and conditions of a Federal award; (2) By the Federal awarding agency or pass -through entity, to the greatest extent authorized by law, if an award no longer effectuates the program goals or agency priorities; (3) By the Federal awarding agency or pass -through entity with the consent of the non - Federal entity, in which case the two parties must agree upon the termination conditions, R22AP00055 City of Santa Ana Agreement Template (0112021) City Council 17 — 42 2/6/2024 Page 36 of 51 including the effective date and, in the case of partial termination, the portion to be terminated; (4) By the non -Federal entity upon sending to the Federal awarding agency or pass - through entity written notification setting forth the reasons for such termination, the effective date, and, in the case of partial termination, the portion to be terminated. However, if the Federal awarding agency or pass -through entity determines in the case of partial termination that the reduced or modified portion of the Federal award or subaward will not accomplish the purposes for which the Federal award was made, the Federal awarding agency or pass -through entity may terminate the Federal award in its entirety; or (5) By the Federal awarding agency or pass -through entity pursuant to termination provisions included in the Federal award. (b) When a Federal award is terminated or partially terminated, both the Federal awarding agency or pass -through entity and the non -Federal entity remain responsible for compliance with the requirements in 200.344 Closeout and 200.345 Post -closeout adjustments and continuing responsibilities. 10. DEBARMENT AND SUSPENSION (2 CFR 1400) The Department of the Interior regulations at 2 CFR 1400—Governmentwide Debarment and Suspension (Nonprocurement), which adopt the common rule for the governmentwide system of debarment and suspension for nonprocurement activities, are hereby incorporated by reference and made a part of this Agreement. By entering into this grant or cooperative Agreement with the Bureau of Reclamation, the Recipient agrees to comply with 2 CFR 1400, Subpart C, and agrees to include a similar term or condition in all lower -tier covered transactions. These regulations are available at http://www.gpoaccess.gov/ecfr/. 11. DRUG -FREE WORKPLACE (2 CFR 182 and 1401) The Department of the Interior regulations at 2 CFR 1401Governmentwide Requirements for Drug -Free Workplace (Financial Assistance), which adopt the portion of the Drug -Free Workplace Act of 1988 (41 U.S.C. 701 et seq, as amended) applicable to grants and cooperative agreements, are hereby incorporated by reference and made a part of this agreement. By entering into this grant or cooperative agreement with the Bureau of Reclamation, the Recipient agrees to comply with 2 CFR 182. 12. ASSURANCES AND CERTIFICATIONS INCORPORATED BY REFERENCE The provisions of the Assurances, SF 424B or SF 424D as applicable, executed by the Recipient in connection with this Agreement shall apply with full force and effect to this Agreement. All anti -discrimination and equal opportunity statutes, regulations, and Executive Orders that apply to the expenditure of funds under Federal contracts, grants, and cooperative Agreements, loans, and other forms of Federal assistance. The Recipient shall comply with Title VI or the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Section 504 of the R22AP00055 Agreement Template City of Santa Ana (0112021) City Council 17 — 43 2/6/2024 Page 37 of 51 Rehabilitation Act of 1973, the Age Discrimination Act of 1975, and any program -specific statutes with anti -discrimination requirements. The Recipient shall comply with civil rights laws including, but not limited to, the Fair Housing Act, the Fair Credit Reporting Act, the Americans with Disabilities Act, Title VII of the Civil Rights Act of 1964, the Equal Educational Opportunities Act, the Age Discrimination in Employment Act, and the Uniform Relocation Act. Such Assurances also include, but are not limited to, the promise to comply with all applicable Federal statutes and orders relating to nondiscrimination in employment, assistance, and housing; the Hatch Act; Federal wage and hour laws and regulations and workplace safety standards; Federal environmental laws and regulations and the Endangered Species Act; and Federal protection of rivers and waterways and historic and archeological preservation. 13. COVENANT AGAINST CONTINGENT FEES The Recipient warrants that no person or agency has been employed or retained to solicit or secure this Agreement upon an Agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide offices established and maintained by the Recipient for the purpose of securing Agreements or business. For breach or violation of this warranty, the Government shall have the right to annul this Agreement without liability or, in its discretion, to deduct from the Agreement amount, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. 14. TRAFFICKING VICTIMS PROTECTION ACT OF 2000 (2 CFR 175.15) Trafficking in persons. (a) Provisions applicable to a recipient that is a private entity. You as the recipient, your employees, subrecipients under this award, and subrecipients' employees may not (1) Engage in severe forms of trafficking in persons during the period of time that the award is in effect; (2) Procure a commercial sex act during the period of time that the award is in effect; or (3) Use forced labor in the performance of the award or subawards under the award. (b) We as the Federal awarding agency may unilaterally terminate this award, without penalty, if you or a subrecipient that is a private entity — (1) Is determined to have violated a prohibition in paragraph a.I of this award term; or (2) Has an employee who is determined by the agency official authorized to terminate the award to have violated a prohibition in paragraph a.1 of this award term through conduct that is either: (i) Associated with performance under this award; or (ii) Imputed to you or the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR part 180, "OMB Guidelines to Agencies on Governmentwide Debarment R22AP00055 City of Santa Ana Agreement Template (0112021) City Council 17 — 44 2/6/2024 Page 38 of 51 and Suspension (Nonprocurement)," as implemented by our agency at 2 CFR part 1400. (c) Provision applicable to a recipient other than a private entity. We as the Federal awarding agency may unilaterally terminate this award, without penalty, if a subrecipient that is a private entity— (1) Is determined to have violated an applicable prohibition in paragraph a.I of this award term; or (2) Has an employee who is determined by the agency official authorized to terminate the award to have violated an applicable prohibition in paragraph a.1 of this award term through conduct that is either: (i) Associated with performance under this award; or (ii) Imputed to the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR part 180, "OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement)," as implemented by our agency at 2 CFR part 1400. (d) Provisions applicable to any recipient. (1) You must inform us immediately of any information you receive from any source alleging a violation of a prohibition in paragraph a.1 of this award term. (2) Our right to terminate unilaterally that is described in paragraph a.2 or b of this section: (i) Implements section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), as amended (22 U.S.C. 7104(g)), and (ii) Is in addition to all other remedies for noncompliance that are available to us under this award. (3) You must include the requirements of paragraph a.1 of this award term in any subaward you make to a private entity. (e) Definitions. For purposes of this award term: (1) "Employee" means either: (i) An individual employed by you or a subrecipient who is engaged in the performance of the project or program under this award; or (ii) Another person engaged in the performance of the project or program under this award and not compensated by you including, but not limited to, a volunteer or individual whose services are contributed by a third party as an in -kind contribution toward cost sharing or matching requirements. (2) "Forced labor" means labor obtained by any of the following methods: the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery. R22AP00055 City of Santa Ana Agreement Template (0112021) City Council 17 — 45 2/6/2024 Page 39 of 51 (3) "Private entity": (i) Means any entity other than a state, local government, Indian tribe, or foreign public entity, as those terms are defined in 2 CFR 175.25. (ii) Includes: (A) A nonprofit organization, including any nonprofit institution of higher education, hospital, or tribal organization other than one included in the definition of Indian tribe at 2 CFR 175.25(b). (B) A for -profit organization. (4) "Severe forms of trafficking in persons," "commercial sex act," and "coercion" have the meanings given at section 103 of the TVPA, as amended (22 U.S.C. 7102). 15. NEW RESTRICTIONS ON LOBBYING (43 CFR 18) The Recipient agrees to comply with 43 CFR 18, New Restrictions on Lobbying, including the following certification: (a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the Recipient, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, and officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or amendment of any Federal contract, grant, loan, or cooperative agreement. (b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying" in accordance with its instructions. (c) The Recipient shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. R22AP00055 City of Santa Ana Agreement Template (0112021) City Council 17 — 46 2/6/2024 Page 40 of 51 16. UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION POLICIES ACT OF 1970 (URA) (42 USC 4601 et seq.) (a) The Uniform Relocation Assistance Act (URA), 42 U.S.C. 4601 et seq., as amended, requires certain assurances for Reclamation funded land acquisition projects conducted by a Recipient that cause the displacement of persons, businesses, or farm operations. Because Reclamation funds only support acquisition of property or interests in property from willing sellers, it is not anticipated that Reclamation funds will result in any "displaced persons," as defined under the URA. (b) However, if Reclamation funds are used for the acquisition of real property that results in displacement, the URA requires Recipients to ensure that reasonable relocation payments and other remedies will be provided to any displaced person. Further, when acquiring real property, Recipients must be guided, to the greatest extent practicable, by the land acquisition policies in 42 U.S.C. 4651. (c) Exemptions to the URA and 49 CFR Part 24 (1) The URA provides for an exemption to the appraisal, review and certification rules for those land acquisitions classified as "voluntary transactions." Such "voluntary transactions" are classified as those that do not involve an exercise of eminent domain authority on behalf of a Recipient, and must meet the conditions specified at 49 CFR 24. 101 (b)(1)(i)-(iv). (2) For any land acquisition undertaken by a Recipient that receives Reclamation funds, but does not have authority to acquire the real property by eminent domain, to be exempt from the requirements of 49 CFR Part 24 the Recipient must: (i) provide written notification to the owner that it will not acquire the property in the event negotiations fail to result in an amicable agreement, and; (ii) inform the owner in writing of what it believes to be the market value of the property (d) Review of Land Acquisition Appraisals. Reclamation reserves the right to review any land appraisal whether or not such review is required under the URA or 49 CFR 24.104. Such reviews may be conducted by the Department of the Interior's Appraisal Services Directorate or a Reclamation authorized designee. When Reclamation determines that a review of the original appraisal is necessary, Reclamation will notify the Recipient and provide an estimated completion date of the initial appraisal review. R22AP00055 City of Santa Ana Agreement Template (0112021) City Council 17 — 47 2/6/2024 Page 41 of 51 17. SYSTEM FOR AWARD MANAGEMENT AND UNIVERSAL IDENTIFIER REQUIREMENTS (2 CFR 25, APPENDIX A) A. Requirement for System for Award Management Unless you are exempted from this requirement under 2 CFR 25.110, you as the recipient must maintain current information in the SAM. This includes information on your immediate and highest -level owner and subsidiaries, as well as on all of your predecessors that have been awarded a Federal contract or Federal financial assistance within the last three years, if applicable, until you submit the final financial report required under this Federal award or receive the final payment, whichever is later. This requires that you review and update the information at least annually after the initial registration, and more frequently if required by changes in your information or another Federal award term. B. Requirement for unique entity identifier If you are authorized to make subawards under this award, you: 1. Must notify potential subrecipients that no entity (see definition in paragraph C of this award term) may receive a subaward from you unless the entity has provided its unique entity identifier to you. 2. May not make a subaward to an entity unless the entity has provided its Unique Entity Identifier to you. Subrecipients are not required to obtain an active SAM registration, but must obtain a Unique Entity Identifier. C. Definitions For purposes of this award term: System for Award Management (SAM) means the Federal repository into which an entity must provide information required for the conduct of business as a recipient. Additional information about registration procedures may be found at the SAM Internet site (currently at http://www.sam.gov). 2. Unique entity identifier means the identifier required for SAM registration to uniquely identify business entities. 3. Entity, as it is used in this award term, means all of the following, as defined at 2 CFR part 25, subpart C: a. A Governmental organization, which is a State, local government, or Indian Tribe; b. A foreign public entity; c. A domestic or foreign nonprofit organization; d. A domestic or foreign for -profit organization; and e. A Federal agency, but only as a subrecipient under an award or subaward to a non -Federal entity. 4. Subaward has the meaning given in 2 CFR 200.1. R22AP00055 City of Santa Ana Agreement Template (0112021) City Council 17 — 48 2/6/2024 Page 42 of 51 5. Subrecipient has the meaning given in 2 CFR 200.1. 18. PROHIBITION ON TEXT MESSAGING AND USING ELECTRONIC EQUIPMENT SUPPLIED BY THE GOVERNMENT WHILE DRIVING Executive Order 13513, Federal Leadership On Reducing Text Messaging While Driving, was signed by President Barack Obama on October 1, 2009 (ref: http://edocket.access.gpo.aov/2009/pdf/E9-24203.pdf). This Executive Order introduces a Federal Government -wide prohibition on the use of text messaging while driving on official business or while using Government -supplied equipment. Additional guidance enforcing the ban will be issued at a later date. In the meantime, please adopt and enforce policies that immediately ban text messaging while driving company -owned or rented vehicles, government - owned or leased vehicles, or while driving privately owned vehicles when on official government business or when performing any work for or on behalf of the government. 19. REPORTING SUBAWARDS AND EXECUTIVE COMPENSATION (2 CFR 170 APPENDIX A) I. Reporting Subawards and Executive Compensation. a. Reporting of first -tier subawards. 1. Applicability. Unless you are exempt as provided in paragraph d. of this award term, you must report each action that equals or exceeds $30,000 in Federal funds for a subaward to a non -Federal entity or Federal agency (see definitions in paragraph e. of this award term). 2. Where and when to report. i. The non -Federal entity or Federal agency must report each obligating action described in paragraph a. 1. of this award term to http://www.fsrs.gov. ii. For subaward information, report no later than the end of the month following the month in which the obligation was made. (For example, if the obligation was made on November 7, 2010, the obligation must be reported by no later than December 31, 2010.) 3. What to report. You must report the information about each obligating action that the submission instructions posted at http://www.fsrs.gov specify. b. Reporting total compensation of recipient executives for non -Federal entities. 1. Applicability and what to report. You must report total compensation for each of your five most highly compensated executives for the preceding completed fiscal year, if— i. The total Federal funding authorized to date under this Federal award equals or exceeds $30,000 as defined in 2 CFR 170.320; ii. in the preceding fiscal year, you received— R22AP00055 City of Santa Ana Agreement Template (0112021) City Council 17 — 49 2/6/2024 Page 43 of 51 (A) 80 percent or more of your annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards), and (B) $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and, iii. The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm.) 2. Where and when to report. You must report executive total compensation described in paragraph b.1. of this award term: i. As part of your registration profile at htlps://www.sam.gov. ii. By the end of the month following the month in which this award is made, and annually thereafter. c. Reporting of Total Compensation of Subrecipient Executives. 1. Applicability and what to report. Unless you are exempt as provided in paragraph d. of this award term, for each first -tier non -Federal entity subrecipient under this award, you shall report the names and total compensation of each of the subrecipient's five most highly compensated executives for the subrecipient's preceding completed fiscal year, if i. in the subrecipient's preceding fiscal year, the subrecipient received — (A) 80 percent or more of its annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards) and, (B) $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts), and Federal financial assistance subject to the Transparency Act (and subawards); and ii. The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm.) 2. Where and when to report. You must report subrecipient executive total compensation described in paragraph c.1. of this award term: i. To the recipient. R22AP00055 Agreement Template City of Santa Ana (0112021) City Council 17 — 50 2/6/2024 Page 44 of 51 ii. By the end of the month following the month during which you make the subaward. For example, if a subaward is obligated on any date during the month of October of a given year (i.e., between October 1 and 31), you must report any required compensation information of the subrecipient by November 30 of that year. d. Exemptions. If, in the previous tax year, you had gross income, from all sources, under $300,000, you are exempt from the requirements to report: i. Subawards, and ii. The total compensation of the five most highly compensated executives of any subrecipient. e. Definitions. For purposes of this award term: 1. Federal Agency means a Federal agency as defined at 5 U.S.C. 551(1) and further clarified by 5 U.S.C. 552(f). 2. Non -Federal entity means all of the following, as defined in 2 CFR part 25: i. A Governmental organization, which is a State, local government, or Indian tribe; ii. A foreign public entity; iii. A domestic or foreign nonprofit organization; and, iv. A domestic or foreign for -profit organization 3. Executive means officers, managing partners, or any other employees in management positions. 4. Subaward: i. This term means a legal instrument to provide support for the performance of any portion of the substantive project or program for which you received this award and that you as the recipient award to an eligible subrecipient. ii. The term does not include your procurement of property and services needed to carry out the project or program (for further explanation, see 2 CFR 200.331). iii. A subaward may be provided through any legal agreement, including an agreement that you or a subrecipient considers a contract. 5. Subrecipient means a non -Federal entity or Federal agency that: i. Receives a subaward from you (the recipient) under this award; and ii. Is accountable to you for the use of the Federal funds provided by the subaward. R22AP00055 City of Santa Ana Agreement Template (0112021) City Council 17 — 51 2/6/2024 Page 45 of 51 6. Total compensation means the cash and noncash dollar value earned by the executive during the recipient's or subrecipient's preceding fiscal year and includes the following (for more information see 17 CFR 229.402(c)(2)). [85 FR 49526, Aug. 13, 2020] 20. RECIPIENT EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (SEP 2013) (a) This award and employees working on this financial assistance agreement will be subject to the whistleblower rights and remedies in the pilot program on Award Recipient employee whistleblower protections established at 41 U.S.C. 4712 by section 828 of the National Defense Authorization Act for Fiscal Year 2013 (Pub.L. 112-239). (b) The Award Recipient shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 41 U.S.0 4712. (c) The Award Recipient shall insert the substance of this clause, including this paragraph (c), in all subawards or subcontracts over the simplified acquisition threshold. 48 CFR 52.203-17 (as referenced in 48 CFR 3.908-9). 21. REPORTING OF MATTERS RELATED TO RECIPIENT INTEGRITY AND PERFORMANCE (APPENDIX XII to 2 CFR Part 200) 1. General Reporting Requirement If the total value of your currently active grants, cooperative agreements, and procurement contracts from all Federal awarding agencies exceeds $10,000,000 for any period of time during the period of performance of this Federal award, then you as the recipient during that period of time must maintain the currency of information reported to the System for Award Management (SAM) that is made available in the designated integrity and performance system (currently the Federal Awardee Performance and Integrity Information System (FAPIIS)) about civil, criminal, or administrative proceedings described in paragraph 2 of this award term and condition. This is a statutory requirement under section 872 of Public Law 110-417, as amended (41 U.S.C. 2313). As required by section 3010 of Public Law 111-212, all information posted in the designated integrity and performance system on or after April 15, 2011, except past performance reviews required for Federal procurement contracts, will be publicly available. 2. Proceedings About Which You Must Report Submit the information required about each proceeding that: a. Is in connection with the award or performance of a grant, cooperative agreement, or procurement contract from the Federal Government; b. Reached its final disposition during the most recent five-year period; and c. Is one of the following: R22AP00055 City of Santa Ana Agreement Template (0112021) City Council 17 — 52 2/6/2024 Page 46 of 51 (1) A criminal proceeding that resulted in a conviction, as defined in paragraph 5 of this award term and condition; (2) A civil proceeding that resulted in a finding of fault and liability and payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more; (3) An administrative proceeding, as defined in paragraph 5. of this award term and condition, that resulted in a finding of fault and liability and your payment of either a monetary fine or penalty of $5,000 or more or reimbursement, restitution, or damages in excess of $100,000; or (4) Any other criminal, civil, or administrative proceeding if- (i) It could have led to an outcome described in paragraph 2.c.(1), (2), or (3) of this award term and condition; (ii) It had a different disposition arrived at by consent or compromise with an acknowledgment of fault on your part; and (iii) The requirement in this award term and condition to disclose information about the proceeding does not conflict with applicable laws and regulations. 3. Reporting Procedures Enter in the SAM Entity Management area the information that SAM requires about each proceeding described in paragraph 2 of this award term and condition. You do not need to submit the information a second time under assistance awards that you received if you already provided the information through SAM because you were required to do so under Federal procurement contracts that you were awarded. 4. Reporting Frequency During any period of time when you are subject to the requirement in paragraph 1 of this award term and condition, you must report proceedings information through SAM for the most recent five year period, either to report new information about any proceeding(s) that you have not reported previously or affirm that there is no new information to report. Recipients that have Federal contract, grant, and cooperative agreement awards with a cumulative total value greater than $10,000,000 must disclose semiannually any information about the criminal, civil, and administrative proceedings. 5. Definitions For purposes of this award term and condition: a. Administrative proceeding means a non judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative proceedings, Civilian Board of Contract Appeals proceedings, and Armed Services Board of Contract Appeals proceedings). This includes proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include audits, site visits, corrective plans, or inspection of deliverables. R22AP00055 City of Santa Ana Agreement Template (0112021) City Council 17 — 53 2/6/2024 Page 47 of 51 b. Conviction, for purposes of this award term and condition, means a judgment or conviction of a criminal offense by any court of competent jurisdiction, whether entered upon a verdict or a plea, and includes a conviction entered upon a plea of nolo contendere. Total value of currently active grants, cooperative agreements, and procurement contracts includes— (1) Only the Federal share of the funding under any Federal award with a recipient cost share or match; and (2) The value of all expected funding increments under a Federal award and options, even if not yet exercised. [80 FR 43310, July 22, 2015, as amended at 85 FR 49582, Aug. 13, 2020] 22. CONFLICTS OF INTEREST (a) Applicability. (1) This section intends to ensure that non -Federal entities and their employees take appropriate steps to avoid conflicts of interest in their responsibilities under or with respect to Federal financial assistance agreements. (2) In the procurement of supplies, equipment, construction, and services by recipients and by subrecipients, the conflict of interest provisions in 2 CFR 200.318 apply. (b) Requirements. (1) Non -Federal entities must avoid prohibited conflicts of interest, including any significant financial interests that could cause a reasonable person to question the recipient's ability to provide impartial, technically sound, and objective performance under or with respect to a Federal financial assistance agreement. (2) In addition to any other prohibitions that may apply with respect to conflicts of interest, no key official of an actual or proposed recipient or subrecipient, who is substantially involved in the proposal or project, may have been a former Federal employee who, within the last one (1) year, participated personally and substantially in the evaluation, award, or administration of an award with respect to that recipient or subrecipient or in development of the requirement leading to the funding announcement. (3) No actual or prospective recipient or subrecipient may solicit, obtain, or use non-public information regarding the evaluation, award, or administration of an award to that recipient or subrecipient or the development of a Federal financial assistance opportunity that may be of competitive interest to that recipient or subrecipient. (c) Notification. (1) Non -Federal entities, including applicants for financial assistance awards, must disclose in writing any conflict of interest to the DOI awarding agency or pass -through entity in accordance with 2 CFR 200.112, Conflicts of Interest. R22AP00055 City of Santa Ana Agreement Template (0112021) City Council 17 — 54 2/6/2024 Page 48 of 51 (2) Recipients must establish internal controls that include, at a minimum, procedures to identify, disclose, and mitigate or eliminate identified conflicts of interest. The recipient is responsible for notifying the Financial Assistance Officer in writing of any conflicts of interest that may arise during the life of the award, including those that have been reported by subrecipients. (d) Restrictions on Lobbying. Non -Federal entities are strictly prohibited from using funds under this grant or cooperative agreement for lobbying activities and must provide the required certifications and disclosures pursuant to 43 CFR Part 18 and 31 USC 1352. (e) Review Procedures. The Financial Assistance Officer will examine each conflict of interest disclosure on the basis of its particular facts and the nature of the proposed grant or cooperative agreement, and will determine whether a significant potential conflict exists and, if it does, develop an appropriate means for resolving it. (f) Enforcement. Failure to resolve conflicts of interest in a manner that satisfies the Government may be cause for termination of the award. Failure to make required disclosures may result in any of the remedies described in 2 CFR 200.338, Remedies for Noncompliance, including suspension or debarment (see also 2 CFR Part 180). 23. DATA AVAILABILITY (a) Applicability. The Department of the Interior is committed to basing its decisions on the best available science and providing the American people with enough information to thoughtfully and substantively evaluate the data, methodology, and analysis used by the Department to inform its decisions. (b) Use of Data. The regulations at 2 CFR 200.315 apply to data produced under a Federal award, including the provision that the Federal Government has the right to obtain, reproduce, publish, or otherwise use the data produced under a Federal award as well as authorize others to receive, reproduce, publish, or otherwise use such data for Federal purposes. (c) Availability of Data. The recipient shall make the data produced under this award and any subaward(s) available to the Government for public release, consistent with applicable law, to allow meaningful third -parry evaluation and reproduction of the following: (i) The scientific data relied upon; (ii) The analysis relied upon; and (iii) The methodology, including models, used to gather and analyze data. R22AP00055 City of Santa Ana Agreement Template (0112021) City Council 17 — 55 2/6/2024 Page 49 of 51 24. PROHIBITION ON PROVIDING FUNDS TO THE ENEMY (a) The recipient must (1) Exercise due diligence to ensure that none of the funds, including supplies and services, receivedunder this grant or cooperative agreement are provided directly or indirectly (including through subawards or contracts) to a person or entity who is actively opposing the United States or coalition forces involved in a contingency operation in which members of the Armed Forces are actively engaged in hostilities, which must be completed through 2 CFR 180.300 prior to issuing a subaward or contract and; (2) Terminate or void in whole or in part any subaward or contract with a person or entity listed in SAM as a prohibited or restricted source pursuant to subtitle E of Title VIII of the NDAA for FY 2015, unless the Federal awarding agency provides written approval to continue the subaward or contract. (b) The recipient may include the substance of this clause, including paragraph (a) of this clause, in subawards under this grant or cooperative agreement that have an estimated value over $50,000 and will be performed outside the United States, including its outlying areas. (c) The Federal awarding agency has the authority to terminate or void this grant or cooperative agreement, in whole or in part, if the Federal awarding agency becomes aware that the recipient failed to exercise due diligence as required by paragraph (a) of this clause or if the Federal awarding agency becomes aware that any funds received under this grant or cooperative agreement have been provided directly or indirectly to a person or entity who is actively opposing coalition forces involved in a contingency operation in which members of the Armed Forces are actively engaged in hostilities. 25. ADDITIONAL ACCESS TO RECIPIENT RECORDS (a) In addition to any other existing examination -of -records authority, the Federal Government is authorized to examine any records of the recipient and its subawards or contracts to the extent necessary to ensure that funds, including supplies and services, available under this grant or cooperative agreement are not provided, directly or indirectly, to a person or entity that is actively opposing United States or coalition forces involved in a contingency operation in which members of the Armed Forces are actively engaged in hostilities, except for awards awarded by the Department of Defense on or before Dec 19, 2017 that will be performed in the United States Central Command (USCENTCOM) theater of operations. (b) The substance of this clause, including this paragraph (b), is required to be included in subawards or contracts under this grant or cooperative agreement that have an estimated value over $50,000 and will be performed outside the United States, including its outlying areas. R22AP00055 City of Santa Ana Agreement Template (0112021) City Council 17 — 56 2/6/2024 Page 50 of 51 26. PROHIBITION ON CERTAIN TELECOMMUNICATION AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT Federal award recipients are prohibited from using government funds to enter contracts (or extend or renew contracts) with entities that use covered telecommunications equipment or services as described in section 889 of the 2019 National Defense Authorization Act. This prohibition applies even if the contract is not intended to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services. R22AP00055 City of Santa Ana Agreement Template (0112021) City Council 17 — 57 2/6/2024 Page 51 of 51 III. DEPARTMENT OF THE INTERIOR STANDARD AWARD TERMS AND CONDITIONS The Department of the Interior (DOI) Standard Award Terms and Conditions found at https://www. doi. gov/sites/doi. Gov/files/uploads/doi-standard-award-terms-and-conditions- effective-december-2-2019-revised-june-19-2020.pdf are hereby incorporated by reference as though set forth in full text. These terms and conditions are in addition to the assurances and certifications made as part of the award and terms, conditions or restrictions reflected on this Agreement. Recipient acceptance of this Agreement carries with it the responsibility to be aware of and comply with all DOI terms and conditions applicable to this Agreement. The Recipient is responsible for ensuring their subrecipients and contractors are aware of and comply with applicable statutes, regulations, and agency requirements. Recipient and subrecipient failure to comply with the general terms and conditions outlined below and those directly reflected in this Agreement can result in the DOI taking one or more of remedies described in 2 Code of Federal Regulations parts 200.338 and 200.339. The DOI will notify the recipient whenever terms and conditions are updated to accommodate instances in the passage of a regulation or statute that requires compliance. Also, DOI will inform the Recipient of revised terms and conditions in the action of an Agreement amendment adding additional Federal funds. Reclamation will make such changes by issuing a Notice of Award amendment that describes the change and provides the effective date. Revised terms and conditions do not apply to the Recipient's expenditures of funds or activities the Recipient carries out before the effective date of the revised DOI terms and conditions. R22AP00055 Agreement Template City of Santa Ana (0112021) City Council 17 — 58 2/6/2024 EXHIBIT 2 Landscape West Management Services, Inc. Proposal #1071 Ak November 17 2023 L ANDSWE WEST Management Services, Inc. City of Santa Ana Representative: Diana Mazariego email: dmazariego@santa-ana.org Description: COSA- Landscape transformation project Location: 1317 Maple st Prepared By: Jose Gutierrez Description of Work QTY Unit Cost Total Demo/dum fee 1 $1,750.00 $1,750.00 "24'tree 3 $480.00 $1,440.00 Crushed gravel 3 yrds $490.00 $1,470.00 DG gold cal stabilized e 6 yrds $290.00 $1,740.00 Mulch. 8yrds $120.00 $960.00 Drip Irrigation w/smart controller 1 $2,950.00 $2,950.00 Plants 1 gal 10 $32.00 $320.00 Plants 5 al 6 $55.00 $330.00 Bouldersl-4 3 $349.00 $1,047.00 Total $12,007.00 Notes:IF WORK IS APPROVED PLEASE SIGN AND EMAIL TO jose@LWMSINC.COM THIS BID EXPIRES AFTER 30 DAYS Title: Date: Approved By: Landscape West Management Services,lnc.. address. 1234 N Blue Gum St. Anaheim CA 928 office number: 714-860-4702 fax. 714-860-4705 Page 1-1 City Council 17 — 59 2/6/2024 Landscape West Management Services, Inc. Proposal #1072 Aik November 17 2023 LANDSCAPE WEST Management Services, Inc. City of Santa Ana Representative: Diana Mazariego email: dmazariego@santa-ana.org Description: COSA- Landscape transformation project Location: 4418 W moonridge ave Prepared By: Jose Gutierrez Description of Work QTY Unit Cost Total Demo/dump fee 1 $2,110.00 $2,110.00 " 24'tree 3 $480.00 $1,440.00 River rocks 1 yrds $1,600.00 $1,600.00 DG gold cal stabilized/bende board 6 yrds $290.00 $1,740.00 Mulch. 2 $120.00 $240.00 Drip Irrigation valves/smart controller 3 $2,950.00 $8,850.00 Plants 1 gal 35 $32.00 $1,120.00 Plants 5 al 12 $55.00 $660.00 Bouldersl-4 3 $349.00 $1,047.00 StqR stones 12X12 58 $12.99 $753.42 Total $17,780.00 Notes:IF WORK IS APPROVED PLEASE SIGN AND EMAIL TO jose@LWMSINC.COM THIS BID EXPIRES AFTER 30 DAYS Title: Date: Approved By; Landscape West Management Services, Inc.. address. 1234 N Blue Gum St. Anaheim CA 92806 office number: 714-8604702 fax. 714-860-4705 Page 1-1 City Council 17 — 60 2/6/2024 Landscape West Management Services, Inc. Proposal #1073 AiL November 17 2023 LANDSCAPE WEST Management Services, tnc. City of Santa Ana Representative: Diana Mazariego email: dmazariego@santa-ana.org Description: COSA- Landscape transformation project Location: 4214 FAY Circle Prepared By: Jose Gutierrez Description of Work QTY Unit Cost Total Demo/dump fee 1 $2,110.00 $2,110.00 "24 al 'tree 5 $480.00 $2,400.00 Gravel rocks 10yrds $490.00 $4,900.00 DG gold cal stabilized/bende board 6 yrds $290.00 $1,740.00 Mulch. 2 $120.00 $240.00 ,Drip Irrigation valves/smart controller 4 $2,950.00 $11,800.00 Plants 1 al 42 $32.00 $1,344.00 Plants 5 al 13 1 $55.00 $715.00 Step stones 12X12 30 $12.99 $389.70 1 Total $25,638.70 i Notes:IF WORK IS APPROVED PLEASE SIGN AND EMAIL TO jose@LWMSINC.COM THIS BID EXPIRES AFTER 30 DAYS Date: Approved By; Landscape West Management Services, Inc.. address. 1234 N Blue Gum St. Anaheim CA 92806 office number: 714-860-4702 fax. 714-860-4705 Page 1-I City Council 17 — 61 2/6/2024 Landscape West Management Services, Inc. Proposal #1074 L4k November 17 2023 LANDSCAPE WEST Management Services, inc. City of Santa Ana Representative: Diana Mazariego email: dmazariego@santa-ana.org Description: COSA- Landscape transformation project Location: 726 S OAK st Prepared By: Jose Gutierrez Description of Work QTY Unit Cost Total Demo/dump fee _ 1 $8,450.00 $8,450.00 "24 al'tree _ 2 $480.00 $960.00 _ Artificial grass 1720ft $12.50 $21,500.00 DG gold cal stabilized/bende board 4 $290.00 $1,160.00 Mulch. 3 $120.00 $360.00 Drip Irrigation valves/smart controller 2 $2,950.00 $5,900.00 Plants 5 al 10 $55.00 $550.00 Gravel rocks 7 $490.00 $3,430.00 Total $42,310.00 Notes:IF WORK IS APPROVED PLEASE SIGN AND EMAIL TO jose@LWMSINC.COM THIS BID EXPIRES AFTER 30 DAYS Title: Date: Approved By. Landscape West Management Services, Inc.. address. 1234 N Blue Gum St. Anaheim CA 92806 office number: 714-860-4702 fax. 714-8604705 Page 1-1 City Council 17 — 62 2/6/2024 Landscape West Management Services, Inc. Proposal #1075 AiL November 17 2023 LANDSCAPE WEST Management Services, inc. City of Santa Ana Representative: Diana Mazariego email: dmazariego@santa-ana.org Description: COSA- Landscape transformation project Location: 1317 Maple st Prepared By: Jose Gutierrez Description of Work QTY Unit Cost Total Demo/dump fee 1 $6,100.00 $6,100.00 DG gold cal stabilized/bende board 8 $290.00 $2,320.00 Drip Irrigation valves/smart controller 4 $2,950.00 $11,800.00 Plants 5 al 10 1 $55.00 $550.00 Gravel rocks 15yrds $490.00 $7,350.00 Boulders 1-4 6 $469.00 $5,628.00 Total $33,748.00 Notes:IF WORK IS APPROVED PLEASE SIGN AND EMAIL TO jose@LWMSINC.COM THIS BID EXPIRES AFTER 30 DAYS Title: Date: Approved By: Landscape West Management Services, Inc.. address. 1234 N Blue Gum St. Anaheim CA 92806 office number: 714-860-4702 fax. 714-860-4705 Page 1-1 City Council 17 — 63 2/6/2024 Landscape West Management Services, Inc. Proposal #1076 AiL November 17 2023 LANDSCAPE WEST Management Services, Inc. City of Santa Ana Representative: Diana Mazariego email: dmazariego@santa-ana.org Description: COSA- Landscape transformation project Location: 1802 N Ross st Prepared By: Jose Gutierrez Description of Work QTY Unit Cost Total Demo/dump fee 1 $2,800.00 $2,800.00 DG gold cal stabilized/bende board 4 $290.00 $1,160,00 Drip Irrigation valves/smart controller 2 $2,950.00 $5,900.00 Plants 5 al 8 $55.00 $440.00 Gravel rocks 3 $490.00 $1,470.00 Trees 24 al 2 $480.00 $960.00 Red woodcbj s 4 $145.00 $580.00 Total $13,310.00 Notes:IF WORK IS APPROVED PLEASE SIGN AND EMAIL TO jose@LWMSINC.COM THIS BID EXPIRES AFTER 30 DAYS Title: Date: Approved By; Landscape West Management Services, Inc.. address. 1234 N Blue Gum St. Anaheim CA 92806 office number: 714-8604702 fax. 714-860-4705 Page 1-1 City Council 17 — 64 2/6/2024 Landscape West Management Services, Inc. Proposal #1077 Ak November 17 2023 LANDSCAPE WEST Management Services, Inc. City of Santa Ana. Representative: Diana Mazariego email: dmazariego@santa-ana.org Description: COSA- Landscape transformation project Location: 1801 N Baker st Prepared By: Jose Gutierrez Description of Work QTY Unit Cost Total Demo/dtunp fee 1 $1,980.00 $1,980.00 Drip Irrigation valves/smart controller 1 $2,950.00 $2,950.00 Plants 5 al 6 $55.00 $330.00 Gravel rocks 4 $490. 00 $1,960.00 Red woodchi s 3 $145.00 $435.00 River rocks 3 $1,600.00 $4,800.00 Total $12,455.00 Notes:IF WORK IS APPROVED PLEASE SIGN AND EMAIL TO Jose@LWMSINC.COM THIS BID EXPIRES AFTER 30 DAYS Title: Date: Approved By; Landscape West Management Services, Inc.. address. 1234 N Blue Gum St. Anaheim CA 92806 office number: 714-860-4702 fax. 714-860-4705 Page 1-1 City Council 17 — 65 2/6/2024 Landscape Nest Management Services, Inc. Proposal #1079 L4k November 17 2023 LANDSCAPE WEST management services, inc. City of Santa Ana Representative: Diana Mazariego email: dmazariego@santa-ana.org Description: COSA- Landscape transformation project Location: 1002 Fairlawn Ave Prepared By: Jose Gutierrez Description of Work QTY Unit Cost Total Demo/dump fee 1 $2,660.00 $2,660.00 Drip Irrigation valves/smart controller 2 $2,950.00 $5,900.00 Plants 5 al 14 $55.00 $770.00 Gravel rocks 6 $490.00 $2,940.00 Mulch 3 $120.00 $120.00 D& 18 $290.00 $5,220.00 24 gal trees 3 $480,00 $1,440.00 Total $19,050.00 Notes:IF WORK IS APPROVED PLEASE SIGN AND EMAIL TO jose@LWMSINC.COM THIS BID EXPIRES AFTER 30 DAYS Title: Date: Approved By. - Landscape West Management Services, Inc.. address. 1234 N Blue Gum St, Anaheim CA 92806 office number: 714-860-4702 fax. 714-860-4705 Page 1-1 City Council 17 — 66 2/6/2024 Landscape West Management Services, Inc. Proposal #1080 L4k November 17 2023 LANDSCAPE WEST Management services, inc. City of Santa Ana Representative: Diana Mazariego email: dmazariego@santa-ana.org Description: COSA- Landscape transformation project Location: 1003 N Spurgeon Prepared By: Jose Gutierrez Description of Work QTY Unit Cost Total Demo/dump fee 1 $2,480.00 $2,480.00 Drip Irrigation valves/smart controller 3 $2,950.00 $8,850.00 Plants 5 al 15 $55.00 $825.00 Gravel rocks 6 $490.00 $2,940.00 Red wood chi 4 $145.00 $580.00 DG 4 $290.00 $5,220.00 24 gal trees 3 $480.00 $1,440.00 Boulder 5 $349.00 $1,745.00 Total 1 1 $24,080.00 Notes:IF WORK IS APPROVED PLEASE SIGN AND EMAIL TO jose@LWMSINC.COM THIS BID EXPIRES AFTER 30 DAYS Title: Date: Approved By. - Landscape West Management Services, Inc.. address. 1234 N Blue Gum St, Anaheim CA 92806 office number: 714-860-4702 fax. 714-860-4705 Page 1-1 City Council 17 — 67 2/6/2024 Landscape West Management Services, Inc. Proposal #1081 Ak November 17 2023 LANDSCAPE WEST Management Services, inc. City of Santa Ana Representative: Diana Mazariego email: dmazariego@santa-ana.org Description: COSA- Landscape transformation project Location: 808 W Pine st Prepared By: Jose Gutierrez Description of Work QTY Unit Cost Total Demo/dump fee 1 $1,680.00 $1,680.00 "24'tree crape myrtle 2 $480.00 $960.00 Crushed gravel 1 $490.00 $490.00 DG gold cal stabilized 6 yrds $290.00 $1,740.00 Mulch. 8yrd6s $120.00 $960.00 Drip Irrigation w/smart controller 1 $2,950.00 $2,950.00 Plants 5 al 6 $55.00 $330.00 Step stones 45 $12.99 $584.55 Total $9,694.55 Notes:IF WORK IS APPROVED PLEASE SIGN AND EMAIL TO jose@LWMSINC.COM THIS BID EXPIRES AFTER 30 DAYS Title: Date: Approved By: Landscape West Management Services, Inc.. address. 1234 N Blue Gum St. Anabeim CA 92806 office number: 714-860-4702 fax. 714-860-4705 Page 1-1 City Council 17 — 68 2/6/2024 Landscape Nest Management Services, Inc. Proposal #1082 L4k November 17 2023 LANDSCAPE WEST Management Services, inc. City of Santa Ana Representative: Diana Mazariego email: dmazariego@santa-ana.org Description: COSA- Landscape transformation project Location: 2326 Ramona dr Prepared By: Jose Gutierrez Description of Work QTY Unit Cost Total Demo/dump fee 1 $1,845.00 $1,845.00 "24'tree 1 $480.00 $480.00 River rocks 4 $1,600.00 $1,600.00 DG gold cal stabilized _ 6 yrds $290.00 $1,740.00 Red Mulch. 3 $145.00 $43 5.00 Drip Irrigation w/smart controller 1 $2,950.00 $2,950.00 Total $9,050.00 Notes:IF WORK IS APPROVED PLEASE SIGN AND EMAIL TO jose@LWMSINC.COM THIS BID EXPIRES AFTER 30 DAYS Title: Date: Approved By; Landscape West Management Services, Inc.. address. 1234 N Blue Gum St. Anaheim CA 92806 office number: 714-8604702 fax. 714-860-4705 Page 1-1 City Council 17 — 69 2/6/2024 Landscape West Management Services, Inc. Proposal #1083 Ak November 17 2023 LANDSCAPE WEST Management services, inc. City of Santa Ana Representative: Diana Mazariego email: dmazariego@santa-ana.org Description: COSA- Landscape transformation project Location: 2605 S Lowell Prepared By: Jose Gutierrez Description of Work QTY Unit Cost Total Demo/dump fee 1 $1,950.00 $1,950.00 "24'tree 1 $480.00 $480.00 River rocks 4 $1,600.00 $1,600.00 DG gold cal stabilized 2 $290.00 $1,740.00 Red Mulch. 3 $145.00 $435.00 Drip Irrigation w/smart controller 2 $2,950.00 $5,900.00 Total $12,105.00 Notes:IF WORK IS APPROVED PLEASE SIGN AND EMAIL TO jose@LWMSINC.COM THIS BID EXPIRES AFTER 30 DAYS Title: Date: Approved By: Landscape West Management Services, Inc.. address. 1234 N Blue Gum St. Anaheim CA 92806 office number: 714-8604702 fax. 714-860-4705 Page 1-1 City Council 17 — 70 2/6/2024 EXHIBIT 3 EIGHTH AMENDMENT TO AGREEMENT TO PROVIDE RIGHT OF WAY AND MEDIAN LANDSCAPE MAINTENANCE SERVICES THIS EIGHTH AMENDMENT to the above -referenced agreement is entered into on February 6, 2024, by and between Landscape West Management Services, Inc. ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The parties entered into Agreement No. A-2019-103, dated July 2, 2019, by which Contractor agreed to provide right-of-way and median landscape maintenance services for the Maintenance Services Division of the Public Works Agency ("Agreement"). B. On September 26, 2019, the parties entered into First Amendment No. N-2019-195 to increase the scope of services and the amount expended under the Agreement from $770,000 to $1,020,000 for the period ending June 30, 2020. C. On May 5, 2020, the parties entered into Second Amendment No. A-2020-095 to further increase the amount expended under the Agreement from $1,020,000 to $1,055,000 for the period ending June 30, 2020. D. On December 1, 2020, the parties entered into the Third Amendment No. A-2020-248 to further increase the amount expended under the Agreement for the period ending June 30, 2021 and any extension periods to $1,020,000 annually. E. The original term of the Agreement was for two years until June 30, 2021 with the first two (2) year extension that was authorized on April 23, 2021. The Agreement remains in effect through June 30, 2023. F. On July 20, 2021, the parties entered into the Fourth Amendment A-2021-133 to further increase the amount expended under the Agreement from $1,020,000 annually to $1,270,000 annually. G. On September 7, 2021, the parties entered into the Fifth Amendment A-2021-181 to further increase the amount expended under the Agreement for FY 2021-2022 only, from $1,270,000 to $2,270,000. H. On August 16, 2022, the parties entered into the Sixth Amendment A-2022-159 to further increase the amount expended under the Agreement for FY 2022-2023 only, from $1,270,000 to $2,270,000. On April 4, 2023, the parties entered into the Seventh Amendment A-2023-050 to exercise the final two (2) year extension and further increase the amount expended under the Agreement by $2,300,000 for a total agreement not -to -exceed amount of $8,222,000. The Agreement remains in effect through June 30, 2025. Page 1 of 2 City Council 17 — 71 2/6/2024 J. The parties now wish to amend the Agreement to expand the scope of services to include turf removal and replacement with drought resistant landscape and increase the amount expended under the Agreement. The Parties therefore agree: 1. Section 1, Scope of Services, is hereby amended to include removal of turf and planting of drought resistant landscape at locations designated by the Director of the Public Works Agency, or their designee, as further detailed in Exhibit A-2 to this Eighth Amendment and incorporated by reference. 2. Section 2, Compensation, is hereby amended to increase the total sum to be expended under the Agreement by $277,500 for a total agreement amount not -to -exceed $8,499,500, and to include the rates and charges identified in Exhibit A-2. The amount expended to complete the services detailed in Exhibit A-2 to this Eighth Amendment shall not exceed $277,500. Except as modified by this Eighth Amendment, and all prior amendments, all terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Eighth Amendment to the Agreement on the date and year first written above. ATTEST: Jennifer L. Hall City Clerk APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: Br on Salvatierra Deputy City Attorney RECOMMENDED FOR APPROVAL Nabil Saba Executive Director Public Works Agency CITY OF SANTA ANA Thomas R. Hatch Interim City Manager CONTRACTOR ljjd,�� Name: N; C k' i Gcl-'n �) Title: P6,sk �t t Page 2 of 2 -City Cound - _ 47 7-2 EXHIBIT A-2 City Council 17 — 73 2/6/2024 Landscape West Management Services, Inc. Proposal #1471 November 17 2023 City of Santa Ana Description: COSA- Landscape transformation project AAL LANDSCAPE WEST Management Sa rvlces, Inc Description of Work QTY Unit Cost Total Demoldum fee 1 $1,750.00 $1,750.00 1 1241tree 3 $480.00 $1,440.00 Crushed gravel 3 yrds $490.00 $1,470,00 DG gold cal stabilized dyrds $290.00 $1,740.00 Mulch. 8yrds $120.00 $960.00 Drip Irrigation w/smart controller 1 $2,950.00 $2,950.00 Plants 1 gal 10 $32.00 $320.00 Plants 5gal 6 $55.00 $330.00 Bouldersl-4 3 $349.00 $1,047.00 Total $12,007•00 Lmd"uWwManagcmantServioe�;Inc.. address.1234NBlue Gun StAnshamCA92SO6 a£Scenumtur.714$HJ-4702 iax.714-W-4795 Yalta 1-1 City Council 17 — 74 2/6/2024 Landscape West Management Services, Inc. Proposal 4I072 ZIMM November 17 2023 LANDSCAPE Wf ilanagement Services. inc. City of Santa Ana Description: COSA-Landscape transformation protect Description of Work QTY Unit Cost Total Demo/dump fee 1 $2,110.00 $2,110.00 "24'tree 3 $480.00 $1,440.00 River rocks 1 yrds $1,600.00 $1,600.00 DGG gold cal stabilizedl6ende board 6 yrds $290.00 $1,740.00 Mulch. 2 $120.00 $240.00 Drip Irrigation valves/smart controller 3 $2,950.00 $8,850.00 Plants 1 al 35 $32.00 $1,120.00 Plants S al 12 $55.00 $660.00 $ouldersl -4 3 $349.00 $1,047.00 Step stones 12X12 58 $12.99 $753.42 Total $17,780.O0 Landscape Wast Managemcn� Services Lie,. addrem 1234 N Blue Gum St Anabcim CA92806 office mmber; 714.36d-4702 fax. 714-860-47W Page i-L City Council 17 — 75 2/6/2024 Landscape West Management Services, Inc. Proposal #I073 L4k November 17 2023 WDSCAMV&-ST Man agemcnt Service& Inc. City of Santa Ana Description: COSA- Landscape transformation project Description of Work QTY Unit Cost Total Demoldump fee 1 $2,110.00 $2,110.00 " 24 al 'tree 5 $480.00 $2,400.00 Gravel rocks 1(yr $490.00 $4,900.00 DG gold cal stabilized/bende board 6 yrds $290.00 $1,740.00 Mulch. 2 $120.00 $240.00 Drip Irrigation valves/smart controller 4 $2,950.00 $11,800.00 Plants 1 gal 42 $32.00 $1,344.00 Plants 5 gal 13 $55.00 $715.00 Step stones 12X12 30 $12.99 $389.70 iandscaQe Wes[ Managernex�t Setviccs Inc.. address. 12M N Blue QLm St. Anahcim CA 92806 officc numbea. 714.860.4702 fax. 714-860.4705 Page 1-1 City Council 17 — 76 2/6/2024 Landscape West Management Services, Inc. Proposal #1074 AL November 17 2023 LANDSCAM%TST Management services, Inc. City of Santa Ana Description: COSA- Landscape transformation project Description of Work QTY Unit Cost Total Demo/dump fee 1 $8,450.00 $8,450.00 "24gal'tree 2 $480.00 $960.00 Artificial grass 1720ft $12.50 $21,500.00 DG gold cal stabilized/bende board 4 $290.00 $1,160.00 Mulch. 3 $120.00 $360.00 Drip Irrigation valves/smart controller 2 $2,950.00 $5,900.00 Plants 5 al 10 $55.00 $550.00 Gravel rocks 7 $490.00 $3,430.00 Landscape West Management Services, Inc.. address. 1234 N Blue Gum St. Anaheim CA 92806 office number: 714-8604702 fax. 714-860-4705 Page 1-1 City Council 17 — 77 2/6/2024 Landscape West Management Services, Inc. Proposal #1075 Jll�� November 17 2023 LANDSCAPE WEST Management services, inc. City of Santa Ana Description: COSA- Landscape transformation project Description of Work QTY Unit Cost Total Demo/dump fee 1 $6,100.00 $6,100.00 DG gold cal stabilized/bende board 8 $290.00 $2,320.00 Drip Irrigation valves/smart controller 4 $2,950.00 $11,800.00 Plants 5 al 10 $55.00 $550.00 Gravel rocks 15yrds $490.00 $7,350.00 Boulders 1-4 Total 6 $469.00 $5,628.00 $33,748.00 Landscape West Management Services, Inc.. address. 1234 N Blue Gum St. Anaheim CA 92806 office number: 714-860-4702 fax. 714-860-4705 Page 1-1 City Council 17 — 78 2/6/2024 Landscape West Management Services, Inc. Proposal #1076 Ll�� November 17 2023 LANDSWE%EST Management Services. inc. City of Santa Ana Description: COSA- Landscape transformation project Description of Work QTY Unit Cost $2,800.00 Total $2,800.00 Demo/dump fee 1 DG gold cal stabilized/bende board 4 $290.00 $1,160.00 Drip Irrigation valves/smart controller 2 $2,950.00 $5,900.00 Plants 5gal 8 $55.00 $440.00 Gravel rocks 3 $490.00 $1,470.00 Trees 24 al 2 $480.00 $960.00 Red woodchi s 4 $145.00 $580.00 Total $13,310.00 Landscape West Management Services, Inc.. address. 1234 N Blue Gum St. Anaheim CA 92806 office number: 714-860-4702 fax. 714-860-4705 Page 1-1 City Council 17 — 79 2/6/2024 Landscape West Management Services, Inc. Proposal 4I077 LIMM November 17 2023 LANDSWEW $T Ma nagenimt Services, InG City of Santa Ana Description: COSA- landscape transformation project Description of Work QTV Unit Cost Total Demo/dump fee 1 $1,980.00 $1,980.00 Drip Irrigation valves/smart controller 1 $2,950.00 $2,950.00 Plants 5 gal 6 $55.00 $330.00 Gravel rocks 4 $490.00 $1,960.00 Red woodchips 3 $145.00 $435.00 River rocks 3 $1,600.00 $4,800.00 Total $12,455.00 iandscapt West A7anagement SeEvices, Inc.. address. 1234 N Blue Gun St, Anaheim CA 42806 off=number. 714-8604702 fmc. 714 860-4705 Page 1.1 City Council 17 — 80 2/6/2024 Landscape West Management Services, Inc. Proposal #1079 Ll�� November 17 2023 LANDSCAPE WEST Management services, Inc. City of Santa Ana Description: COSA- Landscape transformation project Description of Work QTY Unit Cost Total Demo/dump fee 1 $2,660.00 $2,660.00 Drip Irrigation valves/smart controller Plants 5gal Gravel rocks 2 14 6 $2,950.00 $55.00 $490.00 $5,900.00 $770.00 $2,940.00 Mulch 3 $120.00 $120.00 Dg 18 $290.00 $5,220.00 24 gal trees 3 $480,00 $1,440.00 Total $19,050.00 Landscape West Management Services, Inc.. address. 1234 N Blue Gum St. Anaheim CA 92806 office nurnber: 714-860-4702 fax. 714-860-4705 Page 1-1 City Council 17 — 81 2/6/2024 Landscape West Management Services, Inc. Proposal #1080 November 17 2023 City of Santa Ana Description: COSA- Landscape transformation project Description of Work QTY I Unit Cost I Total Ll�� LAND"EWEST :Management Services, Inc. Demo/dump fee Drip Irrigation valves/smart controller Plants 5gal Gravel rocks 1 3 15 6 $2,480.00 $2,950.00 $55.00 $490.00 $2,480.00 $8,850.00 $825.00 $2,940.00 Red wood chip 4 $145.00 $580.00 DG 4 $290.00 $5,220.00 24 gal trees 3 $480.00 $1,440.00 Boulder 5 $349.00 $1,745.00 Total $24,080.00 Landscape West Management Services, Inc.. address. 1234 N Blue Gum St. Anaheim CA 92806 office number: 714-860-4702 fax. 714-860-4705 Page 1-1 City Council 17 — 82 2/6/2024 Landscape West Management Services, Inc. Proposal 41081 L4k November 17 2023 LAND PEWEST Managernent rvices Inc. City of Santa Ana Description: CDSA- Landscape transformation project Description of Work QTY Unit Cost Total i Demo/dump fee 1 $1,680.00 $1,680.00 "24'tree Crape myrtle 2 $480.00 $960.00 Crushed gravel DG gold Cal stabilized 6 yrds , C 5 Drip Irrigation w/smart controller 1 $2,950.00 $2,950.00 Plants 5ga1 Step stones$584.55 1 TOW $9,6"m Landscape West M>magemcnl5erviots, Inc.. address. 1234 N Blde Gum Sf Anahmm CA 92306 offi[e nn ben' 714$60-4702 fax. 714-M-4705 Pape 1-I City Council 17 — 83 2/6/2024 Landscape West Management Services, Inc. Proposal #1082 Lx�� November 17 2023 LANDSCAPE WEST utanagelnent services, Inc. City of Santa Ana Description: COSA- Landscape transformation project Description of Work QTY Unit Cost Total Demo/dump fee 1 $1,845.00 $1,845.00 "24'tree 1 $480.00 $480.00 River rocks 4 $1,600.00 $1,600.00 DG gold cal stabilized 6 yrds $290.00 $1,740.00 Red Mulch. 3 $145.00 $435.00 Drip Irrigation w/smart controller Total 1 $2,950.00 $2,950.00 $9,050.00 Landscape West Management Services, Inc., address. 1234 N Blue Gum St. Anaheim CA 92806 office number: 714-860-4702 fax. 714-860-4705 Page 1-1 City Council 17 — 84 2/6/2024 Landscape West Management Services, Inc. Proposal #I083 Ll�� November 17 2023 LANDSC MWEST 3anagement SerOcMInc City of Santa Ana Description: CDSA- Landscape transformation project Description of Work QTY Unit Cost Total Demo/dump fee 1 $1,950,00 $1,950.00 11241tree 1 $480.00 $480.00 River rocks 4 $1,600.00 $1,600.00 DG pold cal stabilized 2 $290.00 $1,740.00 Red Mulch. 3 $145.00 $435.00 Drip Irrigation w/smart controller 2 $2,950.00 $5,900.00 Total $12,105.00 Landscape West Managemuft Services, Inc.. address.1234 N Blue t un St. Anaheim CA 92$66 office number: 714-866-4762 fax. 71d-860-d705 l ale 1-I City Council 17 — 85 2/6/2024 Public Works Agency www.santa-ana.org/public-works Item # 18 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report February 6, 2023 TOPIC: Emergency On -Call Sewer and Water Systems Repair Services Agreements AGENDA TITLE Approve Third Agreement Amendments for Emergency On -Call Water and Sewer Repair Services with Mike Prlich & Sons, Inc., Paulus Engineering, Inc., and TE Roberts, Inc. RECOMMENDED ACTION Authorize the City Manager to execute the third amendment to agreements with Mike Prlich & Sons, Inc., Paulus Engineering, Inc., and TE Roberts, Inc. for on -call emergency sewer and water system repair services to increase the annual shared agreement amount by $850,000, for an updated annual amount of $2,050,000, for the remaining term of the agreement expiring August 19, 2024 (Agreement A-2024-XXX). GOVERNMENT CODE §84308 APPLIES: Yes DISCUSSION On August 20, 2019, the City Council approved agreements with Mike Prlich and Sons, Inc., Paulus Engineering, Inc., and TE Roberts, Inc. for on -call emergency sewer and water infrastructure repairs in an aggregate annual amount of $500,000. These services include repairing pipelines, tanks, pumps at various utility facilities, and performing site restoration, as directed by staff, to prevent system outages, maintain services during an emergency, and restore services to normal operating conditions. For the past three years, the Public Works Agency's Water Resources Division has utilized these contractors for water main pipe repair work, fire hydrant relocation, installation of new sewer laterals, and other services needed to supplement the work performed by City staff. To meet the increased demand for these services, the City Council approved the first amendment to agreements with the contractors on May 5, 2020, increasing the shared annual amount by $250,000 to an aggregate annual amount of $750,000. Water Resources anticipated an increase in demands due to collaboration with the Orange County Water District on water treatment systems for per - and polyfluoroalkyl substances (PFAS) and recommended an increase of $450,000 for an updated aggregate annual amount of $1,200,000. In 2023, City staff was deployed four times in response to water main breaks located between 700-1001 East Avalon Avenue. After careful consideration, staff recommended City Council 18 — 1 2/6/2024 Emergency On -Call Sewer and Water Systems Repair Services Agreements February 6, 2023 Page 2 deploying contractors for emergency on -call services to repair water main pipe to prevent additional segment repairs. Staff now recommends additional contract capacity to allow for emergency repairs to be conducted as needed for the remainder of this contract. FISCAL IMPACT Funding is available in FY 2023-24 under Water Systems Maintenance Account (No. 06017641-62300), and Sanitary Sewer Service Account (No. 05617640-62300). Fiscal Year Accounting Fund Accounting Unit, Amount Unit -Account # Description Account Description Existing Contract 2023-24 05617640-62300 Sanitary Sewer Sanitary Sewer $600,000 Service Service, Contract Services - Professional 2023-24 06017641-62300 Water Water System $600,000 Maintenance, Contract Services - Professional Amendment 2023-24 05617640-62300 Sanitary Sewer Sanitary Sewer $425,000 Service Service, Contract Services - Professional 2023-24 06017641-62300 Water Water System $425,000 Maintenance, Contract Services - Professional TOTAL $2,050,000 EXHIBIT(S) 1. Agreement Amendment - Mike Prlich and Sons, Inc 2. Agreement Amendment - Paulus Engineering 3. Agreement Amendment - TE Roberts Inc Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency Approved By: Tom Hatch, Interim City Manager City Council 18 — 2 2/6/2024 EXHIBIT 1 THIRD AMENDMENT TO AGREEMENT TO PROVIDE ON -CALL EMERGENCY WATER AND SEWER SYSTEM REPAIR SERVICES THIS THIRD AMENDMENT to the above -referenced agreement is entered into on February 6, 2024, by and between Mike Prlich and Sons, Inc. ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The parties entered into Agreement No. A-2019-142-01, dated August 20, 2019, by which Contractor agreed to provide on -call emergency water and sewer system repair services for the City's Public Works Agency ("Agreement"). B. On May 5, 2020, the parties entered into a First Amendment to the Agreement (#A-2020- 091 -0 1) to increase the shared aggregate amount to be expended under the Agreement and the two related agreements for the same services. C. On December 1, 2020, the parties entered into a Second Amendment to the Agreement (#A-2020-243-01) to further increase the shared aggregate amount to be expended under the Agreement and the two related agreements for the same services. D. On August 23, 2022, the parties exercised their option to extend the term of the Agreement (#A-2019-142-01A) for an additional two (2) year period until August 19, 2024, The Agreement is current and in -effect. E. The parties now wish to further amend the Agreement to increase the shared aggregate amount to be expended under the Agreement and the two related agreements by an additional $850,000.00 to cover costs through the remainder of the term of the Agreement. The Parties therefore agree: 1. Section 2.a, Compensation, is amended to read in its entirety: "City neither warrants nor guarantees any minimum or maximum compensation to Contractor under this Agreement. Contractor shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit R. Contractor is one of three contractors selected to provide services on an as -needed basis under RFP No. 19-032. The annual compensation for services provided by all contractors selected under RFP No. 19-032 shall not exceed the shared aggregate amount of $2,050,000.00 during the term of this agreement, including any extension periods." 2. Except as modified by this Third Amendment, and all prior amendments, all terms and conditions of the Agreement shall remain in full force and effect. Pagel of 2 City Council 18 — 3 2/6/2024 SIGNATURE PAGE FOR THIRD AMENDMENT TO AGREEMENT TO PROVIDE ON -CALL EMERGENCY WATER AND SEWER SYSTEM REPAIR SERVICES IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment to the Agreement on the date and year first written above. ATTEST Jennifer L. Hall City Clerk APPROVED AS TO FORM Sonia R. Carvalho City Attorney By: f ToT, Martinez4:�� Assistant City Attorney RECOMMENDED FOR APPROVAL Nabil Saba, PE Executive Director Public Works Agency CITY OF SANTA ANA Thomas R. Hatch Interim City Manager CONTRACTOR I r� By: Title: Page 2 of 2 City Council 18 — 4 2/6/2024 EXHIBIT 2 THIRD AMENDMENT TO AGREEMENT TO PROVIDE ON -CALL EMERGENCY WATER AND SEWER SYSTEM REPAIR SERVICES THIS THIRD AMENDMENT to the above -referenced agreement is entered into on February 6, 2024, by and between Paulus Engineering, Inc. ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The parties entered into Agreement No. A-2019-142-02, dated August 20, 2019, by which Contractor agreed to provide on -call emergency water and sewer system repair services for the City's Public Works Agency ("Agreement"). B. On May 5, 2020, the parties entered into a First Amendment to the Agreement (#A-2020- 091-02) to increase the shared aggregate amount to be expended under the Agreement and the two related agreements for the same services. C. On December 1, 2020, the parties entered into a Second Amendment to the Agreement (#A-2020-243-02) to further increase the shared aggregate amount to be expended under the Agreement and the two related agreements for the same services. D. On August 23, 2022, the parties exercised their option to extend the term of the Agreement (#A-2019-142-02A) for an additional two (2) year period until August 19, 2024. The Agreement is current and in -effect. E. The parties now wish to further amend the Agreement to increase the shared aggregate arnount to be expended under the Agreement and the two related agreements by an additional $850,000.00 to cover costs through the remainder of the term of the Agreement. The Parties therefore agree; 1. Section 2.a, Compensation, is amended to read in its entirety: "City neither warrants nor guarantees any minimum or maximum compensation to Contractor under this Agreement. Contractor shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit B. Contractor is one of three contractors selected to provide services on an as -needed basis under RFP No. 19-032. The annual compensation for services provided by all contractors selected under RFP No. 19-032 shall not exceed the shared aggregate amount of $2,050,000.00 during the term of this agreement, including any extension periods." 2. Except as modified by this Third Amendment, and all prior amendments, all terms and conditions of the Agreement shall remain in full force and effect. Page t of 2 City Council 18 — 5 2/6/2024 SIGNATURE PAGE FOR THIRD AMENDMENT TO AGREEMENT TO PROVIDE ON -CALL EMERGENCY WATER AND SEWER SYSTEM REPAIR SERVICES IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment to the Agreement on the date and year first written above. ATTEST Jennifer L. Hall City Clerk APPROVED AS TO FORM Sonia R. Carvalho City Attorney By: Jonathan T. Martine Assistant City Attorney RECOMMENDED FOR APPROVAL Nabil Saba, PE Executive Director Public Works Agency CITY OF SANTA ANA Thomas R. Hatch Interim City Manager CONTRACTOR Page 2 of 2 City Council 18 — 6 2/6/2024 EXHIBIT 3 THIRD AMENDMENT TO AGREEMENT TO PROVIDE ON -CALL EMERGENCY WATER AND SEWER SYSTEM REPAIR SERVICES THIS THIRD AMENDMENT to the above -referenced agreement is entered into on February 6, 2024, by and between T.E. Roberts, Inc. ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The parties entered into Agreement No. A-2019-142-03, dated August 20, 2019, by which Contractor agreed to provide on -call emergency water and sewer system repair services for the City's Public Works Agency ("Agreement"). B. On May 5, 2020, the parties entered into a First Amendment to the Agreement (#A-2020- 91-03) to increase the shared aggregate amount to be expended under the Agreement and the two related agreements for the same services. C. On December 1, 2020, the parties entered into a Second Amendment to the Agreement (#A-2020-243-03) to further increase the shared aggregate amount to be expended under the Agreement and the two related agreements for the same services. D. On August 23, 2022, the parties exercised their option to extend the term of the Agreement (#A-20.19-142-03A) for an additional two (2) year period until August 19, 2024. The Agreement is current and in -effect. E. The parties now wish to further amend the Agreement to increase the shared aggregate amount to be expended under the Agreement and the two related agreements by an additional $850,000.00 to cover costs through the remainder of the term of the Agreement. The Parties therefore agree: 1. Section 2.a, Compensation, is amended to read in its entirety: "City neither warrants nor guarantees any minimum or maximum compensation to Contractor under this Agreement. Contractor shall be paid only for actual services performed under this, Agreement at the rates and charges identified in Exhibit B. Contractor is one of three contractors selected to provide services on an as -needed basis under RFP No. 19-032. The annual compensation for services provided by all contractors selected under RFP No. 19-032 shall not exceed the shared aggregate amount of $2,050,000.00 during the term of this agreement, including any extension periods." 2. Except as modified by this Third Amendment, and all prior amendments, all terms and conditions of the Agreement shall remain in full force and effect, Page 1 of 2 City Council 18 — 7 2/6/2024 _SIGNATURE, PAGE FOR THIRD AMENDMENT TO AGREEMENT TO PROVIDE ON -CALL EMERGENCY WATER AND SEWER SYSTEM REPAIR SERVICES IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment to the Agreement on the date and year first written above. ATTEST Jennifer L. Hull City Clerk APPROVED AS TO FORM Sonia R. Carvalho City Attorney ! Jonathan T. Martinez Assistant City Attorney RECOMMENDED FOR APPROVAL Nabil Saba, PE Executive Director Public Works Agency CITY OF SANTA ANA Thomas R. Hutch Interim City Manager CONTRACTOR Title:t"s tdr. Page 2 of 2 City Council 18 — 8 2/6/2024 Community Development Agency .; santa-ana.org/community-development Item # 19 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report February 6, 2024 TOPIC: Agreement with Working Wardrobes Project New Start AGENDA TITLE Approve an Agreement with Working Wardrobes to Provide Workforce Development Services to Unemployed People with Barriers to Employment RECOMMENDED ACTION Authorize the City Manager to execute an agreement with Working Wardrobes for workforce development services, including workforce readiness workshops, job development, career planning, and job training in an amount not to exceed $742,000, for a term commencing February 6, 2024 and expiring December 31, 2025 (Agreement No. A-2024-XXX). GOVERNMENT CODE §84308 APPLIES: Yes DISCUSSION Since 2018, the California Workforce Development Board (CWDB), the State of California's agent for the oversight and continuous improvement of California's workforce development system, has engaged in a formal partnership with the California Department of Corrections and Rehabilitation (CDCR) and California Prison Industry Authority (CaIPIA) with the goal of improving labor market outcomes of the state's justice -involved and formerly incarcerated populations. The CWDB made available state general funds for the implementation of regional programs to serve the formerly incarcerated and other justice -involved individuals in California. This funding is referred to as the Prison to Employment (P2E 2.0) Grant. The Orange Regional Planning Unit (RPU) was awarded P2E 2.0 funds. Serving 34 cities and multiple large unincorporated areas in Orange County, the Orange RPU collaborates with partners to build on the region's strengths, address challenges, and expand opportunities for community members and businesses that fuel economic vitality. The Orange RPU leads the region's vision for a future -ready workforce that is better skilled, trained, and prepared to keep industries competitive, communities thriving, and the economy growing. The Orange RPU is composed of the City of Anaheim, County of Orange, and the City of Santa Ana Workforce Development Boards (WDBs). As it pertains to this grant, the City of Santa Ana will be the fiscal agent. The City Council 19 — 1 2/6/2024 Agreement with Working Wardrobes Project New Start February 6, 2024 Page 2 P2E grant requires a partnership with Community Based Organizations (CBOs) that serve the formerly incarcerated and other justice -involved individuals, and reentry service providers. The Santa Ana Workforce Development Board (WDB) authorized the release of a Request for Proposals (RFP) in August 2023 seeking organizations to provide workforce services and to establish a list of qualified providers. Three proposals were received from qualified non -profits. Orange RPU members reviewed and ranked the proposals. Working Wardrobes was awarded to provide services through December 31, 2025 (term of the agreement). Working Wardrobes will serve a minimum of 84 formerly justice -involved individuals or under County Probation or State Parole supervision. Depending on the outcome of a workforce strategies assessment, individuals will be served through on-the-job training, or vocational training that leads to industry recognized certificate, or direct placement by using a wraparound case management coordinated with Working Wardrobes by the region's three Workforce Development Boards. Coordination of referrals will take place pre-release at county jails and post release through deployment of staff at probation and parole offices located throughout the county. FISCAL IMPACT The amount of $742,000 has been budgeted in the Prison to Employment, Reserve Appropriation expenditure account (no. 14418760-69011) and will be transferred to Payment to Subagent account (no. 14418760-69135) upon City Council approval of the agreement. Fiscal Year Grant Accounting Fund Account Unit, Total Year Unit — Account# Description Account Description FY 2023-24 2024 14418760-69135 Prison to Payment to Subagent $247,333 (Feb. — Jun.) Employment FY 2024-25 2024 14418760-69135 Prison to Payment to Subagent $247,333 (Jul. — Jun.) Employment FY 2025-26 2024 14418760-69135 Prison to Payment to Subagent $247,334 (Jul. — Dec.) Employment TOTAL $742,000 EXHIBIT(S) 1. Prison to Employment Agreement Submitted By: Michael L. Garcia, Executive Director of Community Development Approved By: Tom Hatch, Interim City Manager City Council 19 — 2 2/6/2024 EXHIBIT 1 PRISON TO EMPLOYMENT INITIATIVE SUBCONTRACTOR AGREEMENT BETWEEN THE CITY OF SANTA ANA AND WORKING WARDROBES THIS PRISON TO EMPLOYMENT INITIATIVE GRANT AGREEMENT ("P2E Agreement"), is hereby made and entered into this 61h day of February, 2024, by and between the City of Santa Ana, a charter city and municipal corporation of the State of California ("Contractor"), and Working Wardrobes, a California nonprofit organization ("Subcontractor"). RECITALS: A. On June 20, 2022, the State of California issued a request for applications for the purposes of advancing the California Workforce Development Board ("CWDB") Strategic Plan goals, specifically the Prison to Employment Initiative ("P2E"). Contractor was awarded funding under Grant #G-0326. B. Funds awarded under this grant are designed to address the personal development, training, and employment needs of California's justice -involved and formerly incarcerated populations C. Contractor is the recipient of P2E funds from the State of California. In 2023, Contractor entered into CWDB Contract Number M90462-7120 commencing on April 1, 2023, through December 31, 2025, in a total amount not to exceed $927,341.16 ("State P2E Agreement"). A true and correct copy of the State P2E Agreement is attached hereto as Exhibit A and incorporated herein by this reference. D. Subcontractor has been made aware of the State P2E Agreement and agrees to comply with all the conditions of the State P2E Agreement and the applicable State requirements governing the use of P2E grant funds. E. Contractor now approves the provision of P2E grant funds to Subcontractor in an amount not to exceed $742,000.00 to be used in compliance with the P2E objectives defined herein. F. Subcontractor represents that it has the requisite qualifications, expertise, and experience to use said P2E grant funds to operate pursuant to P2E objectives. G. This P2E Agreement is contingent upon the award of P2E grant funds from the State of California. H. Contractor and Subcontractor have duly executed this P2E Agreement for the expenditure and utilization of said P2E funds. I City Council 19 — 3 2/6/2024 EXHIBIT 1 NOW THEREFORE, it is agreed by and between the parties that the foregoing Recitals are a substantive part of this P2E Agreement, and the following terms and conditions are approved and together with all exhibits and attachments hereto, shall constitute the entire P2E Agreement between the Contractor and Subcontractor: 1. SCOPE OF SERVICES Subcontractor shall perform during the term of this P2E Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services necessary for the P2E objectives, as detailed in the Program and Budget Narrative attached hereto as Exhibit B and incorporated herein by reference ("Program"). 2. TERM This P2E Agreement shall take effect on the date first written above and shall terminate on December 31, 2025, unless otherwise terminated, cancelled or modified according to the terms of this P2E Agreement. 3. DISBURSEMENT AND FUNDS A. Contractor was allocated $927,341.16 in P2E grant funds from the State of California to be expended by December 31, 2025. Contractor agrees to pay to Subcontractor when, if and to the extent State P2E grant funds are received a sum not to exceed $742,000.00 for Subcontractor's performance of the Program through the term of this P2E Agreement. Said sum shall be paid after Contractor receives invoices submitted by Subcontractor as provided herein. B. Subcontractor shall submit monthly invoices (on or before the 151h day of each month) in a form prescribed by the Contractor, detailing such expenses. Such schedule may be modified with the approval of the Contractor. C. Payment is subject to the receipt and approval of such invoices and monthly activity reports. Contractor shall pay such invoices within thirty (30) days after receipt thereof, provided Contractor is satisfied that such expenses have been incurred within the scope of this P2E Agreement and that the Subcontractor is in compliance with the terms and conditions of this P2E Agreement. The thirty (30) day period will discontinue if the reimbursement request is determined to be incomplete and will restart the thirty -day timeline once the remaining required elements have been submitted. Failure to provide any of the required documentation will cause the Contractor to withhold all or a portion of a request for reimbursement until such documentation has been received and approved by the Contractor. D. Subcontractor agrees to use said funds pursuant to this P2E Agreement to pay for necessary and reasonable costs allowable under state law and regulations to operate said P2E Program only. Subcontractor's failure to perform as required may, in addition to other remedies set forth in this P2E Agreement, result in readjustment of the amount of funds the Contractor is 2 City Council 19 — 4 2/6/2024 EXHIBIT 1 otherwise obligated to pay to the Subcontractor pursuant to the terms hereof, or termination of this P2E Agreement. E. Contractor and Subcontractor agree that all payments due and owning under this P2E Agreement shall be made through Automated Clearing House (ACH) transfers. Subcontractor agrees to execute the Contractor's standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, Contractor will be authorized to deposit payments directly into Subcontractor's account(s) with financial institutions. 4. STATE P2E AGREEMENT Contractor entered into CWDB Contract Number M90462-7120 with the State of California receiving and recognizing $927,341.16 in P2E grant funds to be used by Contractor to address career services for former prisoners and parolees. A true and correct copy of the State P2E Agreement is attached hereto as Exhibit A and incorporated herein by this reference. Subcontractor has been made aware of the State P2E Agreement and agrees to comply with all the conditions of the State P2E Agreement and the applicable State requirements governing the use of P2E grant funds. 5. INDEPENDENT CONTRACTOR Subcontractor shall, during the entire term of this P2E Agreement, be construed to be an independent contractor and not an employee of the Contractor. This P2E Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the Contractor to exercise discretion or control over the professional manner in which Subcontractor performs the services which are the subject matter of this P2E Agreement; however, the services to be provided by Subcontractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Subcontractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. OWNERSHIP OF MATERIALS This P2E Agreement creates a non-exclusive and perpetual license for Contractor to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Subcontractor under this P2E Agreement ("Documents & Data"). Subcontractor shall require all subcontractors to agree in writing that Contractor is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this P2E Agreement. Subcontractor represents and warrants that Subcontractor has the legal right to license any and all Documents & Data. Subcontractor makes no such representation and warranty in regard to Documents & Data which were provided to Subcontractor by the Contractor. Contractor shall not be limited in any way in its use of the 3 City Council 19 — 5 2/6/2024 EXHIBIT 1 Documents and Data at any time, provided that any such use not within the purposes intended by this P2E Agreement shall be at Contractor's sole risk. 7. INSURANCE Subcontractor shall procure and maintain for the duration of the contract insurance against claims forinjuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Subcontractor, his agents, representatives, employees or subcontractors. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as: • Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence, and $2,000,000 in the aggregate. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. • Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Subcontractor has no owned autos, hired, (Code 8) and non -owned autos (Code 9), with limitno less than $1,000,000 per accident for bodily injury and property damage. • Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. • Sexual Abuse or Molestation (SAM) Liability: If the work will include contact with minors, and the CGL policy referenced above is not endorsed to include affirmative coverage for sexual abuse or molestation, Subcontractor shall obtain and maintain a policy covering Sexual Abuse and Molestation with a limit no less than $1,000,000 per occurrence or claim. If the Subcontractor maintains broader coverage and/or higher limits than the minimums shown above, the Contractor requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Subcontractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Contractor. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: Additional Insured Status The Contractor, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Subcontractor including materials, parts, or equipment furnished in connectionwith such work or operations. General liability coverage can be provided in the form of an endorsement to the Subcontractor's insurance (at least as broad as ISO Form CG 20 10 11 4 City Council 19 — 6 2/6/2024 EXHIBIT 1 85 or if notavailable, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 2037 if a later edition is used). Primary Coverage For any claims related to this contract, the Subcontractor's insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the Contractor, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Contractor, its officers, officials, employees, or volunteers shall be excess of the Subcontractor's insurance and shall not contribute with it. Notice of Cancellation Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the Contractor. Waiver of Subrogation Subcontractor hereby grants to Contractor a waiver of any right to subrogation which any insurer of said Subcontractor may acquire against the Contractor by virtue of the payment of any loss under such insurance. Subcontractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the Contractor has received a waiver of subrogation endorsement from the insurer. Self -Insured Retentions Self -insured retentions must be declared to and approved by the Contractor. The Contractor may require the Subcontractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or Contractor. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the Contractor. Verification of Coverage Subcontractor shall furnish the Contractor with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage requiredby this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing allpolicy endorsements to Contractor before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Subcontractor's obligation to provide them. The Contractor reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Subcontractors Subcontractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Subcontractor shall ensure that Contractor is an additional insured on insurance required from subcontractors. 5 City Council 19 — 7 2/6/2024 EXHIBIT 1 Special Risks or Circumstances Contractor reserves the right to modify these requirements, including limits, based on the nature of therisk, prior experience, insurer, coverage, or other special circumstances. 8. INDEMNIFICATION Subcontractor agrees to defend, and shall indemnify and hold harmless the Contractor, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Subcontractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this P2E Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this P2E Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this P2E Agreement. The Subcontractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the Contractor, including fees and costs for special counsel to be selected by the Contractor, regarding any action by a third party challenging the validity of this P2E Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this P2E Agreement. Contractor may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Subcontractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Subcontractor. 9. RECORDS Subcontractor shall keep records and invoices in connection with the work to be performed under this P2E Agreement. Subcontractor shall maintain complete and accurate records with respect to the costs incurred under this P2E Agreement and any services, expenditures, and disbursements charged to the Contractor for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Subcontractor under this P2E Agreement. All such records and invoices shall be clearly identifiable. Subcontractor shall allow a representative of the Contractor to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this P2E Agreement during regular business hours. Subcontractor shall allow inspection of all work, data, documents, proceedings, and activities related to this P2E Agreement for a period of three (3) years from the date of final payment to Subcontractor under this P2E Agreement. 0 City Council 19 — 8 2/6/2024 EXHIBIT 1 10. CONFIDENTIALITY If Subcontractor receives from the Contractor information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Subcontractor agrees that it shall not use or disclose such information except in the performance of this P2E Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this P2E Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Subcontractor disclosed in a publicly available source; (c) is in rightful possession of the Subcontractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Subcontractor without reference to information disclosed by the Contractor. 11. CONFLICT OF INTEREST CLAUSE Subcontractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this P2E Agreement. 12. NON-DISCRIMINATION Subcontractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, including the Workforce Innovation and Opportunity Act (29 CFR, Parts 37 and 38), in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Subcontractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 13. EXCLUSIVITY AND AMENDMENT This P2E Agreement and the State P2E Agreement represent the complete and exclusive statements between the Contractor and Subcontractor, and supersede any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this P2E Agreement and the State P2E Agreement, the terms of the State P2E Agreement shall prevail. This P2E Agreement may not be modified except by written instrument signed by the Contractor and by an authorized representative of Subcontractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Subcontractor or the Contractor. Each party to this P2E Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 7 City Council 19 — 9 2/6/2024 EXHIBIT 1 14. ASSIGNMENT Inasmuch as this P2E Agreement is intended to secure the specialized services of Subcontractor, Subcontractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the Contractor and any such assignment, transfer, delegation or subcontract without the Contractor's prior written consent shall be considered null and void. Nothing in this P2E Agreement shall be construed to limit the Contractor's ability to have any of the services which are the subject to this P2E Agreement performed by Contractor personnel or by other Subcontractors retained by Contractor. 15. TERMINATION This P2E Agreement may be terminated by the Contractor upon thirty (30) days written notice of termination. In such event, Subcontractor shall be entitled to receive and the Contractor shall pay Subcontractor compensation for all services performed by Subcontractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Subcontractor to deliver to the Contractor all work product(s) completed as of such date, and in such case such work product shall be the property of the Contractor unless prohibited by law, and Subcontractor consents to the Contractor's use thereof for such purposes as the Contractor deems appropriate. b. Payment need not be made for work that fails to meet the standard of performance specified in the Recitals of this P2E Agreement. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this P2E Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. JURISDICTION - VENUE This P2E Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this P2E Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this P2E Agreement. s City Council 19 — 10 2/6/2024 EXHIBIT 1 18. PROFESSIONAL LICENSES Subcontractor shall, throughout the term of this P2E Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Subcontractor shall notify the Contractor immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this P2E Agreement. 19. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this P2E Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To Contractor: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Executive Director, Community Development Agency City of Santa Ana 20 Civic Center Plaza (M-xx) P.O. Box 1988 Santa Ana, California 92702 Fax:714-647-6549 To Subcontractor: Working Wardrobes P.O. Box 413 92 Corporate Park #C Irvine, CA 92606 714-210-2460 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been 9 City Council 19 —11 2/6/2024 EXHIBIT 1 deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this P2E Agreement, and shall indemnify Contractor fully, including reasonable costs and attorney's fees, for any injuries or damages to Contractor in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this P2E Agreement. IN WITNESS WHEREOF, the parties hereto have executed this P2E Agreement on the date and year first written above. ATTEST CITY OF SANTA ANA JENNIFER L. HALL City Clerk APPROVED AS TO FORM SONIA R. CARVALHO City Attorney l Bx d'" a ANDREA GARCIA-MILLER Assistant City Attorney RECOMMENDED FOR APPROVAL MICHAEL GARCIA Executive Director Community Development Agency Zo THOMAS R. HATCH Interim City Manager WORKING WARDROBES By: Title: City Council 19 — 12 2/6/2024 EXHIBIT 1 EXHIBIT A STATE P2E AGREEMENT CWDB CONTRACT NUMBER M90462-7120 11 City Council 19 — 13 2/6/2024 EXHIBIT 1 SCO ID: 7120-M904627120 STATE OF CALIFORNIA - DEPARTMENT OF GENERAL SERVICES STANDARD AGREEMENT AGREEMENT NUMBER PURCHASING AUTHORITY NUMBER (If Applicable) STD 213 (Rev.0412020) M90462-7120 EDD-7100 1. This Agreement is entered into between Me Contracting Agency and the Contractor name a ow: CONTRACTING AGENCY NAME California Workforce Development Board CONTRACTOR NAME Santa Ana Workforce Development Board 2. The term of this Agreement is: START DATE April 1, 2023, or upon final approval, whichever is later THROUGH END DATE December 31, 2025 3. The maximum amountof this Agreement is: $927,341.1 b Nine Hundred Twenty-S even Thou sa n d Three Hundred Forty -One Dollars and Sixteen Cents 4. The parties agree to comply with the terms and conditions of the following exhibits, which are by this reference made a part of the greemen . Exhibits Title Pages Exhibit A Scope of Work 1 Exhibit B Budget Detail and Payment Provisions 2 Attachment B-1 Budget Summary 1 + Attachment B-2 Budget Narrative 3 _ + Attachment B-3 Supplemental Budget 2 - Exhibit C* General Terms and Conditions GTC 04/2017 Exhibit D Special Terms and Conditions 4 Exhibit E Solicitation Background t rems shown with an nsterxk ("). arP hPrPhv rnrnrnnrnrPd by rPfPrPnrP and mndP nnrt of thrc nnrPPmPnt nc rf nitnrhvrf harPtn - These documents can be viewed athttDs.//www.das.ca.aov/OL5/Resources IN WITNESS WHEREOF, THIS AGREEMENT HAS BEEN EXECUTED B Y THE PARTIES HERETO. CONTRACTOR CONTRACTOR NAME (it other than an individual, state whether a corporation, partnership, etc.) Santa Ana Workforce Development Board CONTRACTOR BUSINESS ADDRESS 801 W. Civic Center Plaza 9200 PRINTED NAME OF PERSON SIGNING Kristine Ridge CONTRACTOR AUTHORIZED SIGNATI APPROVED AS TO FORM Andrea Garcia -Miller Assistant Cit., Atturn, TITLE City Manager DATE SIGNED A�/Z'7� RECOMMENDED FOR APPROVAL Michael L. Garcia Executive Director STATE JZIP CA 92701 2/6/ 0 Je 1 of 2 Citv Council 19 — 14 EXHIBIT 1 SCO ID: 7120-M904627120 STATE OF CALIFORNIA- DEPARTMENT OF GENERAL SERVICES STANDARD AGREEMENT AGREEMENT NUMBER HASING AUTHORITY NUMBER (if Applicable) PiJRC STD 213 (Rev.04/2020) M90462-7120 EDD-7100 STATE OF CALIFORNIA CONTRACTING AGENCY NAME California Workforce Development Board CONTRACTING AGENCY ADDRESS CITY STATE IP 800 Capital Mail, Sulte 1022, MIC 45 Sacramento CA r95814 PRINTED NAME OF PERSON SIGNING TITLE Myke Grlseta Grants Development Manager CONTRACTING AGENCY AUTHORIZED SIGNATURE DATE SIGNED CALIFORNIA DEPARTMENT OF GENERAL SERVICES APPROVAL EXEMPTION (if Applicable) SCM Vol, 14.06 Page 2 of 2 City Council 19 — 15 2/6/2024 EXHIBIT 1 CWDB Contract No, M90462-7120 CWDB/Santa Ana WDB Page 1 of 1 EXHIBIT A SCOPE OF WORK (Standard Agreement) 1. This Agreement is entered into by and between the California Workforce Development Board, hereinafter referred to as CWDB, and Santa Ana Workforce Development Board, hereinafter referred to as the Contractor, for the purpose of providing workforce training services in accordance with the Prison to Employment (P2E) 2.0 Regional Partnership and Technical Assistance Grants program. 2. The Project Representatives during the term of this Agreement will be: California Workforce Development Board Attn: Myke Griseta 800 Capitol Mall, Suite 1022, MIC 45 Sacramento, CA 95814 Phone: (916) 764-6544 E-Mail: myke.ariseta(o7cwdb.ca.gov Contract,Sr Santa Ana Workforce Development Board Attn! Deborah Sanchez 801 W. Civic Center Plaza #200 Santa Ana, CA 92701 Phone: (714) 565-2622 E-Mail: dsanchez@santa-ana.org 3. Changes to the Project Representatives will not require an amendment to the Contract. City Council 19 — 16 2/6/2024 EXHIBIT 1 CWDB Contract No. M90462-7120 CWDB/Santa Ana WDB Page 1 of 2 EXHIBIT B BUDGET DETAIL AND PAYMENT PROVISIONS (Standard Agreement) A. Ingolging and Pay 1. For services satisfactorily rendered and upon receipt and approval of the invoices, the CWDB agrees to compensate the Contractor in accordance with Attachments B-1, Budget Summary and B-2, Budget Narrative. The total amount of this Agreement shall not exceed Nine :Hundred Twenty -Seven Thousand Three Hundred Fort -One 2. Invoices shall include the CWDB Contract Number M90462.7120 and shall be submitted monthly in triplicate, in arrears to: California Workforce Investment Board 800 Capitol Mall, Suite 1022, MIC 45 Sacramento, CA 95814 Attn: James Hill 3, The Contractor is responsible for ensuring that invoices submitted to the CWDB claim actual expenditures for eligible project costs under Attachments B-1 and B-2. The Contractor shall, upon demand, remit to the CWDB any grant funds not expended for eligible project costs or an amount equal to any grant funds expended by the Contractor in violation of the terms, provisions, conditions, or commitments of this Agreement, 1. The CWDB and the EDD may withhold all or any portion of the grant funds provided for by this Agreement in the event that that the Contractor has materially and substantially breached the terms and conditions of this Agreement, including submission of required reports and data. 2. The CWDB and the EDD will not reimburse the Contractor for costs identified as Ineligible for grant funding. If grant funds have been provided for costs subsequently discovered to be ineligible, the CWDB and the EDD may either withhold an equal amount from subsequent payments to the Contractor or require repayment of an equal amount to the CWDB by the Contractor. 3. In the event that grant funds are withheld from the Contractor, the CWDB's Executive Director or designee shall notify the Contractor of the reasons for withholding and advise the Contractor of the time within which the Contractor may remedy the situation leading to the withholding. C. Budget Contingency Clause It is mutually understood between the parties that this Agreement may have been written before ascertaining the availability of congressional and legislative appropriation of funds, for the mutual benefit of both parties, in order to avoid program and fiscal delays which would occur if the Agreement were executed after that determination was made. City Council 19 — 17 2/6/2024 EXHIBIT 1 CWDB Contract No. M90462-7120 CWDB/Santa Ana WDB Page 2 of 2 EXHIBIT B BUDGET DETAIL AND PAYMENT PROVISIONS (Standard Agreement) This Agreement is valid and enforceable only if (1) sufficient funds are made available by the State Budget Act of the appropriate State Fiscal Year(s) covered by this Agreement for the purposes of this program, and (2) sufficient funds are made available to the State by the United States Government or by the State of California for the Fiscal Year(s) covered by this Agreement for the purposes of this program. In addition, this Agreement is subject to any additional restrictions, limitations or conditions established by the United States Government and/or the State of California, or any statute enacted by the Congress and Legislature, which may affect the provisions, terms or funding of the Agreement in any manner. The parties mutually agree that if the Congress and/or Legislature does not appropriate sufficient funds for the program, this agreement shall be amended to reflect any reduction In funds. The CWDB has the option to terminate the agreement under the 30-day termination clause or to amend the Agreement to reflect any reduction of funds. D. California Prompt Payment Clause Payment will be made in accordance with and within the time specified in Government Code section 927, et seq. .................................................... City Council 19 — 18 2/6/2024 EXHIBIT 1 ATTACHMENT B-1 BUDGET SUMMARY (Standard Agreement) > prison EMPLOYMENT Prison to Employment Initiative 2.0 Budget Summary Organization Santa Ana Workforce Development Board Project Name OC WORKS CWDB Contract No. M90462-7120 CWDB/Santa Ana WDB Page 1 of 1 Line Item Budget Lino Item Grant Funds Leveraged Funds [Match] Total Project Budget source of Leveraged Funds Type of Leveraged Funds A. Staff Salaries $106,999 20 $50,000.00 $156,999.20 WIOA In Kind B. Number offull-time equivalents: 0.3 C. Staff Benefit Cost $12,219.00 $D.DO 1 512,219.00 0 D. Staff Benefit Rate (Percent): 33.99 E. Staff Travel $3,000.00 $0.o0 $3,001 F, Operating Expenses $12,167.61 $0,00 1 $12,167.61 4 G. Furniture and Equipment g 5mall Purchase JUnit cost of under $5,000) $0.00 $0.00 $0.00 0 Equipment Purchase (See ExhibitG) $0.00 $0.0D $0.00 0 Leased Equipment (See Exhibit G) $0.00 $l $0.00 D H. Consumable Testing and Instructional Materials $0.00 $0.00 $0.00 0 I. Training Tuition Payments/Vouchers $0.00 $100,000.00 $100,000.00 WIOA In Kind J. On -The -lob Training $0,00 $0,00 $0.000 K. Participant Wages and Fringe Benefits $100,000.00 $0,00 $100,000.00 0 L. Participant Support Services $54,110.15 S0-00 $54,110.1S 0 M * "Contractual Services (must mrnplete Supplementai Budget) $0.00 $0.04 $0.00 0 N. Subrecipient (must complete Supplemental Budget) $626,898.00 $50,040.00 $676,898.00 Other Grant Funds In Kind 0. Indkect costs (complete items 1 and 2 below) $11,947.20 $0.00 $11,947.20 0 P. Other (describes $0.00 $0.00 $0.00 0 Q. TOTAL FUNDING" $927,341.16 $200,000.00 $1,127,341.16 "See Exhibit G for definitions for Subrecipient vs Contractors Total Award $927,341.16 ***Administrative Costs $119,Zil Program Costs $808,122.96 *Indirect Cost Rate must be negotiated and approved by Cognizant Agency, per Appendices ill or IV to Uniform Guidance 2CFRPart200. 1 indirect cost Rate (Percent); 14.92 2 Name ofcognizant Agency: HHS '**A maximum o€ 20% of the total project budget will be allowed for administrative costs. The definition of administrative casts is provided it Appendix A of the RFA. City Council 19 — 19 2/6/2024 EXHIBIT 1 ATTACHMENT B-2 BUDGET NARRATIVE (Standard Agreement) prison EMPLOYMENT Prison to Employment Initiative 2.0 Budget Narrative Organlzatlon Santa Ana Workforce Development Board Pro ect Name OC WORKS CWDB Contract No. M90462-7120 CWDB/Santa Ana WDB Page 1 of 3 Staff Salaries & Benefits Job Titles of Staff fk Roles and Responsibilities FIE Monthly Salary Months Total Salary Benefits Benefit X Total Staff Salaries+ Benefits Economic Development Specialist III -Directs, coordinates, monitors and evaluates program. Conducts research and analysis. Analyzes expense and participant plans. Responsible far o.m $12,459.00 36 544,852.40 $2,571.00 5.73 $4y 423.40 reporting and contractual requirements. Senior Accounting Assistant- Responsible clerical work processing documents Involved in 0.05 $4,648.00 36 $8,366.40 $2,944.00 33-99 $11,110.40 financial transactions and prepares and maintains financial and accounting records. Senior Management Analyst -plans, manages and supervises the development and operation of systems for budgeting, accounting, payroll, 0.10 $10,191.00 36 $37,047.60 $4,329.00 11.82 $42,426.60 personnel and/or other administrative functions for P2E grant. Senior Accountant,Under general direction, provides a variety of complex professional accounting services, administers financial 0.05 $9,296,00 36 $16,732.80 $2,425.00 14.49 $29,157.80 transactions, and prepares various financial statements and reports. Total Solary $106,999.20 Total Benefits $12,219.170 Staff Salaries & Benefits Total $119,218.20 Staff Travel List staff traveling, destination/event, and of transportation` Note: Staff Travel is for employees of the subreclpient entity only. Anyone else listed under StaffTravel would be an unallowable cost. $3,000.00 Contractors should budget their own travel Into their contracts and cannot be included under subreclpient entity travel costs. Contractors should budgettheir own travel into their contracts and cannot be included under subrecipient entity travel costs. Travel to CaFforl Workforce Association WORKCON Conference -Learn best workforce program best practices to better serve justice involved people. The WORKCON conference is held annually and the best minds of workforce development across the State of California come together to share best practices, This line item will allow the ORPU to send staff attached to P2E to attend conference. $3,000.00 Operating Expenses Provide breakdown of operating expenses in each of the major line Items below (if op piieableJ $12,167.61 'Based on FTE for Program Staff Rent For share of rerr for P2E Program $10,007.61 Insurance $D.OD Accounting [Payroll Serviced and Audits $0 00 Consumable office Supplies $0.00 Printing $0,00 Communications [phones, web services, etc.l One Drive Good Storage Collaboration Tool-$720 Annually. The tool will provide user licenses to the service Pr o idersoftheRPU. $2,160.00 Mailing and Delivery $0.00 Dues and Memberships $0.00 Outreach $0.00 Furniture and Equipment $0.00 Small Amount of Equipment and Furniture Pooled items less than 55,000 per unit, Include cost allocation - list name of item, Cost, and $0.00 quantity City Council 19 — 20 2/6/2024 EXHIBIT 1 ATTACHMENT B-2 BUDGET NARRATIVE (Standard Agreement) CWDB Contract. No, M90462-7120 CWDB/Santa Ana WDB Page 2of3 Equipment and Furniture Greater than&5,4aa; List name of Item, cost, oral quantity to be purchased - prior approval $p,pp required and added to Exhibit a:5upplemental Budget Leased Equipment Provide a description of what is being leased, $0.00 tength of time and costs See Exhibit G for leasing informntlon Consumable Testing and lnstructlortal Materials Explain purpose and planned use along with breakdown of individual costs totaling to total finedtam allocation $0.00 $0.00 Training Tuition, Payments, Vouchers Detail casts for programs and sectarspecific training and rertifleata programs (include name of organization), as well as training costs for outside training $0,00 praviders (organlzatfon/lnratlon) For all training (arid 09sbelow), read Training Servicev $0.00 On-The-JobTraining tfst employers and industries partnering to the Mrs. Empfoyer reimhursemantgfor training 6y.pa employer that is provided toa paid participant while engaged In Productive workfo a fob that: a) provides knowledge or skills essential to the full and adepuateperformance of the Job; b) Is made available through program that provides relmtrarsament to the employer afup to 50permat of the wage rate of the participant, except as provided $0,00 In section 134(c)(3)(H) of the W10AFluul Rule, for the extraordinary casts of providlog the training and additionolsup ervlslon related to the training; and c) is limited In durothzrtas appropriate tdthe occupotion for which the portlelpantis being tralned, taking In to account the coil tentofthe training, the prior work experience of the participant, and the sendre stratcgy.of the participant, as appropriate. Participant Wages and Fringe Benefits State planned numberafparticiponts to receive wages and benefits and give detail of Work Experience or rronsitionallobs along with breakdown of fndividual $10tl,Otltl.00 costs totaling to total line item allocation, To he utilized for subsidized employment opportunities. The Funds would cover 100% of the wages In miler to increase the opportunities for P2E pregram participanti. Program participants will pay whatever the California minimum wage is. $100,000.00 Supportive Services Gos cards, bus passas, housing, or any additional immedlate usslstance ant available through any other source: Describe the spacipc services pop) wlllprovlde along $54,110.15 with the breakdown of indIvidual casts totaling to total fine Item allocation. Supportive services are based on individual needs ossessmont services necessary to onabia an Individual to overcome barriers to pursue and.devetop theircareor goals, Supportive services may Include but are notllmited to assistance withtransportation, chlidcare.and dependent care, houiingassista nce, clothing,. medical and other $54,110.15 sarvlces that are necessary to enable an indtviduai to participate in the various activities, Contractual Services Describe services provided by each contractor, cost of individual contract, and name of arganfxatforr/indNfdualservlce provider, ff the contract needs to be procured, list type of procurement and the esthrrated date the controctwillbe awarded. Upon award, updated hrformotlan must he submitted to CWDOADD In a $0.00 revised Exhibit G, Supplemental Budget. date the contract will be awarded. Upon award updatedfnformation mustbe submitted to ewos/EDD in a revised Exhibit G, Supplemental Sudger. - $0.00 Subreciplent Describe program services providodby sathsubreciplent, amount of ogreement, and name of program service provider, If procurement needs to occur, list type of procurement and the estimated dote the agreement will be owurded. Upon award, updated informatfan must be submitted tot R115DD in a mvisedExhibit G, $62fi BBB 00 Supplemental Budget, City Council 19 — 21 2/6/2024 EXHIBIT 1 ATTACHMENT B-2 BUDGET NARRATIVE (Standard Aareerrtentl CWDB Contract No, M90462.7120 CWDB/Santa Ana WDB Pnma 'l rsf q Project kinship -Program will serve Justice involved workforce development and educatlon programs, Including restorative practices; jab training and vocational support services; and case management services offered to lndlviduaIs with histories of gang and/or justice system lavolvement.IThs main objectives are:1) careet planning, work readiness skill building, training, and certifications; 2) jab development Intensive case management. $208,9{36.00 Working Wardrobes -Working Wardrobes has served the iustice-Involved population for over 25 years, and has successfully daveloped curriculum targeted specifically to the Incarcerated, raaently releasod, and both In -and out -of- custody job seekers. For this Initiative, Working Wardrobes will provide case managementworkforce readiness training, job training, and soft skills modules to assist the men and women with multiple barriers to employment that are In the process of prerelease. $708,966.00 Chrysalis -Program will assist justice-Involved lndivlduals'transttlon Into permanentemployment to accomplish the goal of self-sufficiency. An In house social entorprise provldes transltlonaI employment for those with severe barriers to employment, Including IhdlvtduaIs In the criminal justice system. Chrysalis agrees to provideTo ne-on- one case management focused on securing employment; Job readiness classes; resume Preparatlon; and Interview skills tralning. $208,966,00 Indirect costs (complete Items 1. and 2 below) Must have approval a/Cognizant Agency. $11,947.20 Indlrects at 14.92% for FY 22-23 Cognizant Agency US I1eslth and Human Services $11,947.20 Other(describe) &plain these costs, wlrjch do not fit Into the speclJfc 11ne Item mtegarles okove. $0 Op $a,aO Grant Award Total 027,341.16 City Council 19 — 22 2/6/2024 EXHIBIT 1 ATTACHMENT B-3 SUPPLEMENTAL BUDGET (Standard Agreement) > prison EMPLOYMENT Prison to Employment Initiative 2.0 Supplemental Budget Organization ISanta Ana Workforce Development Board Proiect Name JOC WORKS CWDB Contract No. M90462-7120 CWDB/Santa Ana WDB Page 1 of 2 I. Equipment List equipment items with a useful life of more than one year and/or with a unit acquisition cost of $5,000 or more charged to the project. The approval of the budget plan contained in the grant does not constitute approval of the purchase of equipment or request. A separate request to purchase equipment must be submitted to the state for prior approval. If ]easing equipment is being considered, it must be included in the procurement analysis. Item Description Cost Per Item Quantity Total Cost % Charged to Project Total Cost Charged to Project TOTAL $0.00 $0.00 $0.00 Subrecipients and Contractors II. Contractual Services - Providing Goods or Services that are required to conduct a state program. **If procurement needs to occur and TBD, provide selection timefra me. All contractual services must be competitively procured in accordance with state procurement regulations and policies. Description • Type of Service Cost Service Provider Type of Procurement TOTAL III. Subrecipient - Carries out a portion of the state program and Is required to meet all programmatic compliance requirements. Upon review, the State may determine that a subcontractor is a contractor. If this occurs, procurement would be required. Program Service Activities Cost Agency Name Working Wardrobes Working Wardrobes has served the justice - involved population for over 25 years, and has successfully developed curriculum targeted specifically to the incarcerated, recently released, and both in -and out -of - custody job seekers. For this initiative, Working Wardrobes will provide case management, workforce readiness training, job training, and soft shills modules to assist the men and women with multiple barriers to employment that are in the process of prerelease. $208,956.00 City Council 19 — 23 2/6/2024 EXHIBIT 1 ATTACHMENT B-3 SUPPLEMENTAL BUDGET (Standard Agreement) CWDB Contract No. M9O462-7120 CWDB/Santa Ana WDB Page 2 of 2 Chrysalis Program will assist justice -involved individuals' transition into permanent employment to accomplish the goal of self- sufficiency. An in house social enterprise provides transitional employment for those with severe barriers to employment, including individuals in the criminal justice system. Chrysalis agrees to provide: one- on-one case management focused on securing employment; job readiness classes; resume preparation; and interview skills training $208,966.00 Project Kinship Program will serve justice involved workforce development and education programs, including restorative practices; job training and vocational support services; and case management services offered to individuals with histories of gang and/or justice system involvement. [The main objectives are: 1) career planning, work readiness skill building, training, and certifications; 2) job development, intensive case management. $208,966.00 TOTALI $626,E9 .00 City Council 19 — 24 2/6/2024 EXHIBIT 1 CWDB Contract No. M90462-7120 CWDB/Santa Ana WDB Page 1 of 4 EXHIBIT D SPECIAL TERMS AND CONDITIONS (Standard Agreement) 1. Subcontractors or Grantees Nothing contained in this Agreement or otherwise, shall create any contractual relationship between the CWDB and any subcontractors or grantees, and no subcontract or grant shall relieve the Contractor of their responsibilities and obligations hereunder. The Contractor agrees to be as fully responsible to the CWDB for the acts and omissions of its subcontractors or grantees and of persons either directly or indirectly employed by the Contractor. The Contractor's obligation to pay its subcontractors or grantees is an independent obligation from the CWDB's obligation to make payments to the Contractor. As a result, the CWDB shall have no obligation to pay or to enforce the payment of any monies to any subcontractor or grantee. 2. Consultant —Staff Expenses The Contractor represents that it has or shall secure at its own expense, all staff required to perform the services described in this Agreement. Such personnel shall not be employees of or have contractual relationship with any governmental entity. 3. Public Contract Code (Consultant Services) The Contractor is advised that it has certain duties, obligations, and rights under Public Contract Code sections 10335 - 10381 and 10410 - 10412, with which the Contractor should be familiar. These Public Contract Code sections can be viewed at: https://Ieginfo.legislature.ca.gov/faces/codes displayText xhtml?lawCode=PCC&division=2.&title=&p art=2.&chapter=2. &article=4. httRs:1/Ieq info, legislature. ca. ov/faces/codes d isp la Text.xhtml?IawCode=PCC&division=2.&title=& art=2. &chapter=2. &article=8. 4. Contractor Evaluation Within sixty (60) days after the completion of this Agreement, the Contract Manager shall complete a written evaluation of the Contractor's performance under this Agreement. If the Contractor did not satisfactorily perform the work, a copy of the evaluation will be sent to the Department of General Services, Office of Legal Services within five working days of the completion of the evaluation, and to the Contractor within 15 working days of the fling of the evaluation with DGS. (PCC § 10369) 5, Termination Clause This Agreement may be terminated by CWDB by giving written notice 30 days prior to the effective date of such termination. 6. Advance Work Should the Contractor begin work before receiving a copy of the approved Agreement, any work performed before approval shall be considered as having been done at the Contractor's own risk and as a volunteer. City Council 19 — 25 2/6/2024 EXHIBIT 1 CWDB Contract No. M90462-7120 CWDB/Santa Ana WDB Page 2 of 4 EXHIBIT D SPECIAL. TERMS AND CONDITIONS (Standard Agreement) 7. Force Maieure Neither party shall be liable to the other for any delay in or failure of performance, nor shall any such delay in or failure of performance constitute default, if such delay or failure is caused by "Force Majeure." As used in this section, "Force Majeure" is defined as follows: Acts of war and acts of God such as earthquakes, floods and other natural disasters such that performance is impossible. 6. Change n Contractor Staff; Should a Contractor's team member(s) become unavailable prior to a start date agreed upon with CWDB, the Contractor will propose an equally well -qualified replacement consultant after consultation with the CWDB. All replacements are subject to the CWDB's approval. Switching staff that were identified in the Contractor's proposal with alternates immediately, or soon thereafter, after execution of this Agreement, are grounds for termination of this Contract. The CWDB has the right to request removal and/or replacement of Contractor resources. 9. Avoidance of Conflicts of Interest b the Contractor A, The Contractor agrees that all reasonable efforts will be made to ensure that no conflict Of merest exists between its o idbf§, agents; employees, car suItantst or Mdhibers of Ks governing body. B. The Contractor shall prevent its officers, agents, employees, consultants, or members of its governing body from using their positions for purposes that are, or give the appearance of being, motivated by a desire for private gain for themselves or others such as those with whom they have family, business, or other ties. C. In the event that the CWDB determines that a conflict of interest situation exists, any cost associated with the conflict may constitute grounds for termination of this Agreement. This provision shall not be construed to prohibit the employment of persons with whom the Contractor's officers, agents, or employees have family, business, or other ties so long as the employment of such persons does not result in increased costs over those associated with the employment of any other equally qualified applicant and such persons have successfully competed for employment with other applicants on a merit basis. D. Certain consultants designated by the EDD's Conflict of Interest Code are required to file a Statement of Economic Interests, Form 700. The Contractor agrees that if the Director of EDD determines that a Statement of Economic Interests, Form 700, is required, the consultant shall obtain the Form 700 and filing instructions from the EDD Personnel Office. 10. Travel Clause The travel and per diem shall be set in accordance with Department of Personnel Administration for comparable classes and that no travel outside the State of California shall be reimbursed unless prior written authorization is obtained from the CWDB. City Council 19 — 26 2/6/2024 EXHIBIT 1 CWDB Contract No. M90462-7120 CWDB/Santa Ana WDB Page 3 of 4 EXHIBIT D SPECIAL TERMS AND CONDITIONS (Standard Agreement) 11. Workforce Innovation and 0 ortuni Act The Contractor agrees to conform to nondiscrimination provisions of the Workforce Innovation and Opportunity Act (WIOA) and other federal nondiscrimination requirements as referenced in 29 CFR parts 37 and 38. 12. Disputes if the Contractor disputes an action of the CWDB In the administration of this Agreement, the Contractor may appeal to the CWDB's Executive Director or designee. Such appeals shall be filed within 30 calendar days of the notification from the Contractor of such dispute. The appeal shall be in writing and 1) state the basis for the appeal, 2) state the action being requested of the Executive Director, and 3) include any documentation relating to the dispute. The CWDB Executive Director will review the correspondence and related documentation and render a decision of the appeal within 30 calendar days, except in those cases where the Contractor withdraws or abandons the appeal. The procedural time requirement may be waived with the mutual consent of the Contractor and the Executive Director. 13. The Contractor shall cooperate with the CWDB with regard to the performance of this Agreement. 14, The Contractor shall cooperate with the CWDB to provide timely responses to any requests for data and/or reports the CWDB deems necessary for the evaluation of the grant program. Such data may include individual program participant data. The Contractor further understands and agrees that this data will be shared with the CWDB and any other stakeholders. 15. The Contractor is responsible for the project activities identified In the original Grant Proposal submitted to the CWDB, which is incorporated by reference and made a part of this Agreement as if attached hereto. Review and approval by the CWDB is solely for the purpose of proper administration of grant funds by the EDD and shall not be deemed to relieve or restrict the Contractor's responsibility. 16. The Contractor shall fulfill all assurances, declarations, representations, and statements made by the Contractor in the Grant Proposal, documents, amendments, approved modifications, and communications filed in support of its request for grant funds. 17. The Contractor agrees to procure all permits and licenses necessary to complete the project, pay all charges and fees, and give all notices necessary or incidental to the due and lawful proceeding of the project work. City Council 19 — 27 2/6/2024 EXHIBIT 1 CWDs Contract No. M90462-7120 CWDB/Santa Ana WD13 Page 4 of 4 EXHIBIT D SPECIAL TERMS AND CONDITIONS (Standard Agreement) 18. Executive Order N-6-22 -- Russia Sanctions On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. "Economic Sanctions" refers to sanctions imposed by the U.S. government in response to Russia's actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions, Accordingly, should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities that shall be grounds for termination of this Agreement. The State shall provide Contractor advance written notice of such termination, allowing Contractor at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State. City Council 19 — 28 2/6/2024 EXHIBIT 1 CWD[3 Contract No. M90462-7120 CVVDBISante Ana WDB Page 1 of 1 EXHIBIT E SOLICITATION BACKGROUND (Standard Agreement) A link to the solicitation document or relevant statutory language is provided for reference purposes below. Attachments B-1, Budget Summary, and B-2, Budget Narrative are to serve as the control documents for the purpose of this Agreement's review by BDD. Document Title: Prison to Employment (M) 2.0 Regional Partnership and Technical Assistance Grants Request for Applications Document Link. https://cwdb,ca.gov/wp-content/uploads/sites/43/2022/06/P2E-2.0-Solicitation- F I N AL_ACCESS I B LE. pd f City Council 19 — 29 2/6/2024 EXHIBIT 1 STATE OF CALIFORNIA CALIFORNIA CIVIL RIGHTS LAWS ATTACHMENT RG5 OLS 04 (ROV. 01117) DEPARTMENT OF GENERAL SERVICES OFFICE OF LEGAL SERVICES Pursuant to Public Contract Code section 2010, a person that submits a bid or proposal to, or otherwise proposes to enter into or renew a contract with, a state agency with respect to any contract in the amount of $100,000 or above shall certify, under penalty of perjury, at the time the bid or proposal is submitted or the contract is renewed, all of thefollowing: 1. CALIFORNIA CIVIL RIGHTS LAWS: For contracts executed or renewed after January 1, 2017, the contractor Certifies compliance with the Unruh Civil Rights Act (Section 51 of the Civil Code) and the Fair Employment and Housing Act (Section 12960 of the 'Government Code); and 2. EMPLOYER DISCRIMINATORY POLICIES: For contracts executed or renewed after January 1, 2017, if a Contractor has an internal policy against a sovereign nation or peoples recognized by the United States government, the Contractor certifies that such policies arenot used in violation of the Unruh Civil Rights Act (Section 51 of the Civil Code) or the Fair Employment and Housing Act (Section 12960 of the Government Code). I, the officlai named below, certify under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Proposer/Bidder Firm Name (Printed) City of Santa Ana By (Authorized Signature) Printed Name and Title of Person Signing Michael Garcia, Executive Director Community DaveiopmentAgency Executed in the County of Change Date Executed Federal ID Number 95-6000785 Executed in the State of CA City Council 19 — 30 2/6/2024 EXHIBIT 1 CERTIFICATION REGARDING LOBBYING CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for Influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its Instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all* subawards at all tiers (including subcontracts, subgrants and contracts under grants, loans, and cooperative agreements) and that all* subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering -into -thin transaction -imposed -by- ,ee-tion 1-362�-T-itI"VL�Gode. Any-person-who-faNs to f11 the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. City of Santa Ana Is n to Em to ment faro ram Grantee/Contractor Organization Program/Title Michael Garcia Executive Director Commun' Develo ment Agency Name and Title of Authorized Signatory Signature Date *Note: In these instances, "Ali," in the Final Rule is expected to be clarified to show that it applies to covered contracYgrant transactions over $100,000 (per 29 CFR 93.110). FDO16 (Rev. 07121/2010) City Council 19 — 31 2/6/2024 EXHIBIT 1 DISCLOSURE OF LOBBYING ACTIVITIES Complete this form to disolose lobbying activities pursuant to 31 U.S.C. 1352 (See reverse for public burden disclosure) of Federal Action a. contract a. bid/offer/application a. initial filing b. grant b. initial award b. material change c, cooperative agreement c, post -award For Material Change Only: d, loan year quarter e. loan guarantee date of last report f, loan insurance 4. Name and Address of Reporting Entity: 6. If Reporting Entity in No, 4 Is a Subawardee, Prime Subawardee Enter Name and Address of Prime: Tier , /f known: Congressional District, f known: -- Congressional District, !f known: _ 6, Federal Department/Agency: 7. Federal Program Name/Description: CFDA Number lfa !/cable; 8, Federal Action Number, if known: 9. Award Amount, if known: 10,a. Name and Address of Lobbying Entity b. Individual Performing Services (include address (if individual, last name, first name, Ml): if different from No. 10a.) last name, firsfi name, MI): _ (attach Continuation Sheet (s) Sl;-I Sr -A, if neceasary) _ 11. Amount of Payment (check all that apply): 13. Type of Payment (check all that apply):"°°.. Actual -planned T--stainer 12, Form of Payment (check all that apply): b. one-time fee a. cash c. commission b. in -kind; specify: nature d. contingent fee value a, deferred - - f. other; specify, 14, Brief Description of Services Performed orto be Performed and date(s) of Service, including officer(s), employee(s) or Members) contacted, for Payment Indicated on Item 11: Continuatlon Sheet Yes No 16, Information requested through this form Is authorized by Title 31 U.S.C. Section 1352. This disclosure of Signature; lobbying activities is a material representation of fact upon which reliance was placed by the tier above when Print Name: this transaction was made or entered into. Thia dis- closure Is required pursuant to 31 U.S.C. 1352. This Title: information will be reported to the Congress aeml- annually and will be available for public inspection. Any person who fails to file the required disclosure shall be Telephone No.; Date: subject to a oMl penalty of not less than $10,000 and not more than $100,000 for each such failure, INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES Federal Use only: Authorized for Local Reproduction Standard form - LLL-A (Rev. 7-97) City Council 19 — 32 2/6/2024 EXHIBIT 1 This disclosure form shall be completed by the reporting entity, whether subawardea or prime Federal recipient, at the initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31 U.S,C, Section 1352, The filing of a form is required for each payment or agreement to make payment to any lobbying entity for Influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of Congress, or an employee of a Member of Congress In connection with a covered Federal action. Use the SF-LLL-A Continuation Sheet for additional information if the space on the form is Inadequate, Complete all Items that apply for both the Initial filing and material change report. Refer to the Implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying activity Is and/or has been secured to influence the outcome of a covered Federal action. 2, Identify the status of the covered Federal action. 3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last previously submitted report by this reporting entity for this covered Federal action, 4, Enter the full name, address, city, state, and zip code of the reporting entity, Include Congressional District, if known. Check the appropriate classificatlon of the reporting entlty that designates if it is, or expects to be, a prime or subaward recipient, identify the tler of the subawardea, e,g„ the first subawardea of the prime is the 1st tier, Subawards include but are not limited to subcontracts, subgrants and contract awards under grants. 6. If the organization filing the report In Item 4 checks "Subawardee", then enter the full name, address, city, state, and zip code of the prime Federal recipient, Include Congressional District, if known. 6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organizational level below agency name, If known. For example, Department of Transportation, United States Coast Guard. 7, Enter the Federal program name or description for the covered Federal action (item 1). if known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans and loan commitment. 8. Enter the most appropriate Federal identifying number available for the Federal action identified In item 1 (e.g., Request for Proposal (RFP) number, Invitation for laid (IFS) number, grant announcement number, the contract, grant, or loan award number, the application/proposal control number assigned by the Federal agency). Include prefixes, e.g„ "RFP-DIE-90-001." 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitment for the prime entity identified in €tam 4 or B. 10. (a) Enter the full name, address, city, state, and zip code of the lobbying entity engaged by the reporting entity Identified in item 4 to influence the covered Federal action. (b) Enter the full names of the individual(s) performing services, and include full address If different from 10 (a). Enter Last Name, First Name, and Middle Initial (MI). 11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (item 4) to the lobbying entity (item 10). Indicate whether the payment has been made (actual) or will be made (planned). Check all boxes thatapply. If this is a material change report, enter the cumulative ameunt of payment made or planned to be made, 12. Check the appropriate box(es). Check all boxes that apply. If payment Is made through an In -kind contribution, specify the nature and value of the In -kind payment. 13. Check the appropriate box(es). Check all boxes that apply. If other, specify nature. 14. Provide a specific and detailed description of the services that the lobbyist has performed, or will be expected to perform, and the date(s) of any services rendered. Include all preparatory and related activity, not Just time spent In actual contact with Federal officials. Identify the Federal offioial(s) or omployee(s) contacted or the offlcer(s), empioyes(s), or Member(s) of Congress that were contacted. 16. Check whether or not a SF-LLL-A Continuation Sheet(s) is attached. 16. The certifying official shall sign and date the form, print his/her name, title, and telephone number. A Federal Uso Only, Authorized for local Reproduction Standard Form • LLL A (Rev. 7-97) City Council 19 — 33 2/6/2024 EXHIBIT 1 STATE OF CAUFORNIA DEPARTMENT OF GENERAL SERVICES FEDERAL DEBARMENT CERTIFICATION FORM PROCUREMENT DIVISION DGS PR 2 (Rev,12119) Certification regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 29 CPR Part 98, Section 98.610, Participants responsibilities. The regulations were published as Part VII of the May 26, 1989 Federal Register (pages 19160-19211). (BEFORE COMPLETING CERTIFICATION, READ THE INSTRUCTIONS ON THE NEXT PAGE WHICH ARE AN INTEGRAL PART OF THE CERTIFICATION) 1. The prospective recipient of Federal assistance funds certifies, by submission of this IFB/RFP Response, that neither it nor its principals are presently debarred, suspended, proposed For debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department oragency. 2. Where the prospective recipient of Federal assistance funds is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this IFB/RFP Response. Name and Title of Authorized Representative W—chael Garcia Xe-du i— Signature )mmun bate Page 7 of 2 evelopment Agency City Council 19 — 34 2/6/2024 EXHIBIT 1 FEDERAL DEBARMENT CERTIFICATION FORM (CONTINUED) Instructions for certification 1. By signing and submitting this IFB Response, the prospective recipient of Federal assistance funds is providing th.e.certification as set out below. 2. The certification in this class is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective recipient of Federal assistance funds knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the Department of Labor (DOL) may pursue available remedies, including suspension and/or debarment. 3. Tha prospective recipient of Federal assistance funds shall provide immediate written notice to the person to which this RFP Response is submitted if at any time the prospective recipient of Federal assistance funds learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms "covered transaction," "debarred," "suspended," "ineligible," `lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "RFP Response," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this RFP Response is submitted for assistance in obtaining a copy of those regulations. v. The prospective recipient of Federal assistance funds agrees by submitting this RFP Response that, should I the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered trap.sact'rorLwtth_a_persantwhais debar_red,suspended,Jdeclar-ed-ineligible�or-wIuntar-ily-excluded-fram - participatlon In this covered transaction, unless authorized by the DOL, 6. The prospective recipient of Federal assistance funds further agrees by submitting this RFP Response that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7, A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may but is not required to check the List of Parties Excluded from Procurement or_Non-Procurement_Proarams. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these Instructions, if a participant in a covered transaction knowingly enters into a lowertier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the DOL may pursue available remedies, including suspension and/or debarment. Page 2 of 2 City Council 19 — 35 2/6/2024 EXHIBIT 1 Stote of callfornia—department of General services, Procurement aivlslon GSPa-05-105 (REV 09/09) BIDDER DECLARATION Solldtatlon Number_ 1. Prime bidder information (Review attached Bidder Declaration Instructions prior to completion of this form): a. Identify current California certification(s)(MB,SO, NVSA,DVBE): or None fa (If 'None, go to item #2) b. Will subcontractors be used for this contract? Yes ONO ❑ (if yes,(ndlcate the distinct element of work,your firmfirm will perform in this contract e.g., list the proposed products produced by your firm,state if your fine owns the transportation vehicles that will deliver the products to the State, Identify which solicited services your firm will perform, etc.). Use additional sheets, as necessary. c. IfyouareaCallforniacertifed4VBC: (1)Areyouabroker oragent? Yes ONo❑ (2) if the contract includes equipment rental, does r co any own at least 51 % of the equipment provided Inthis contract (quantityandvalue)?Yean NIA 2. If no subcontractors will be used, skip to certification below. Otherwise, list all subcontractors for this contract. (Attach additional pages If necessary): SubcontractorNane,ContactPers9n, Phone Number&Fax Number SubcontractorAddress &Email Address CACertkadan(M13,S11, NVSAMVKorNone) Work performed or goods pfovided ior thk contract Orresponding %of bidprlee Good Standing? 5194 Rental? 0% ❑ C% 0% CERTIFICATION: By signing the bid response,] certify under penalty of perjury that the information provided is true and correct, page of_ City Council 19 — 36 2/6/2024 EXHIBIT 1 State of Cantarrb--Department or General Sarvlcaa,Procurement Divislon GSPMS-1D5 mEVOSMU)IrstruCtlons BIDDER DECLARATION Instructions All prime bldders {tke fiem submittingthe bid) must complete the Bidder Monition. i.a. 11. Identlfyall Currant cerggcatlansIssued by the State of CgIfornra. If the prime bldderhas no(aliforith cerdfication(s), checkthe line Iaheled'Homeand proceed to Item p2, If the pdme bidder possesses one or more of the following certlficatlons,enter the appllable certificatlai{ on tho Ilne: Mlcrebushless (MO) Small Business (SO) NonpioMVntcronletvire Agency (NVSA) • Disabled VeteianPalnessEnterprise (DYBq Matk dther"Yes"or"fid'to Ideetfyxfiothersubmntradors wlII bowed forthe contract. If theresporoe is "No,proceed to Itemdl.c. li'W,'enter on the line the distinct element of work contained In the contract to be pot fonoed orthe goods to be provided by the prime bidder. %out liulude goods arservkestabe provided hysukcontractors. Bidders cerilfied as MB,SB, NVSA,andlor DVBE must provide a tam merdally useful function as defined in Military anclVeterans(ode Secgan999far DYBEs andfiovernment Code Seddon 14837(d)(4)(A) forsmalll n1lowbusinesses. Bids must propose that certified bidders provide a commerciadyasefid function for the resulting da ntrad or the bldwill bedeomed iton-responsfre and rejected by the State. For quesdonsregarding the solldlotion, Nate: A subcontrador is any parson,iirm, corporation, or c rganiration contracting to perform part of tho primes contract. U. This Item Is only to be completed by businesses certified by California as aDVBE. (1) DedarewhethertheprimeWile*abrokeraragentbymarkingdther"Yes"or'No:The Military and Yeterans Code Salton 999,2 tb] deflltes"broker"ar ageni`as a certified DVBE contractorar subron- tractorthat does not have title, possessbn,control, and riskofioss of materials,supplies,servlces,or equipment provided to an awarding departmeat,unless one or mare of the disabled veteran owners has atleast 51-percent ownership ofthe quairdlyand value oftile materials supplies serrices,aad of each piece of equipment provided under the contract (2) IfblMngrental equlprnerd markelther"Yes or No°toldentlfylfthe pdmewelderownsatleast 51% of the equipment pmvlded (quantity and value). If nat bidding rental equlpmenG mark"NIA'for"nod applicable." 2. Una subcontractors aii proposecldo not complete the table. Read the caidificatIon otthe bottom ofthi form and complete'Page,, �,of,' on thefwm. ifsubcontracmrs will be used, complete the table listing all subcontractors. Ifnecessary,attach additional pages and complete the"Page _ of'accordligly. 2,(millneed)Column Labels SrsbroutracforNanve:ContadPersan;PhonaNumberBFmrlfumhar- lEsieach dementforall subcontractors, Sabcoatractordiddrem&fmol/ArIfts—Enter the address andlfavaBable, an Emall address. CalertlRraNnn fAfR,SB, fINSA, DVRfarNane)---If tkesukcantraRmpoasesses a current Stateaf 011ferrila rtlficatlan(sl,vedfyonthis webslte(yry a Deuce. d,d s 1Parbperfnrtuedarrpaodsprnvidedfor tbfsconlrod—ldenilfythedlstinctelement ofworkcontalned in the contract to be performed or the goods to bepravided byeach sabtomtractoc Certified sub(oniradors mustproAdea caaarnemlally useful funttion for the contract. (See paragraph 1.b above for codedtatlons regarding the definitlon of rommercially useful fundlon.) If a certified subcontractor Is farther suhmntrach Ing a greater portion afthe work or goods provided brtbe resulting contractthan would be expected by normal Indwtrypiactices altadl a separatesheet ofpapererpiaining the situation. Cariespovadbig%ofbfdpdre--fnterthe corresponding percentage of thetotal bid pricefur thegoods andlarsairlces to bepravided by each subcontractor. Do not enter@ ddiaramount. 6oadStond1aQ7--provide a response for each subcomractar I sted. Enter elther"Yas"ar"No"to indicate that thepdme bidder has verified that the subconloctor(s) is In good standing for all of the following: If a corporation, the company is qualified rode business In Callfornla and designated by the State of California 5ecretaly of State to be fu goodstariding Possesses valid State of t_alifiomla certlficadon(s) if chlmrng MB,SB, NVSA, and/or DVBE status 57%Rertfal7---This pertains to the appilablilty of rental egarpment Based on the fallowing parameters, mterelthtt"NiA"(notappilczbie),Wfs"or"No"foreadt sdcontradcellsted, Enter"N)RTthe° Subcontractor KNOT a DYBE (regardless ofwllether ornot rental equipment isprovided bythe subconlractor)or SobcormactorlsNOTprovidingrentarequipmenl(regardlessofwhetherormot submntradoifsa DVBO Enter"Yes"if the subcontractor is a Caglondar certified DYBEproviding rental equipment and the subcontractor owns at least 51%of the rental equlpmeit(quanlity anndval ue) It will be providing for tie contract. Enter" No" lithe subcontractor isa California celled DYBE providing rental equipment but the sub- contractordoes NOf own at least 51%ofthe rental equipment (quiolityand value) Itwlll be providing, Read the certification at the bottom ofthepage and completethe"Page^of. ,"nuardingly, City Council 19 — 37 2/6/2024 EXHIBIT 1 Contractor Certification Clauses CCC 04/2017 CERTIFICATION 1, the official named below, CERTIFY UNDER PENALTY OF PERJURY that 1 am duly authorized to legally Find the prospective Contractor to the clause(s) listed below. This certification is made under the laws of the State of California. er Nirm Name City of Santa Ana onzea z5icnature f B^11I#1413;i Michael Garcia Executive Director Community Development Agency Printed Name and Title of Person Signing Orange CONTRACTOR CERTIFICATION CLAUSES my 1. STATEMENT OF COMPLIANCE: Contractor has, unless exempted, complied with the nondiscrimination program requirements. (Gov. Code §12990 (a f) and CCR, Title 2, Section 11102) (Not applicable to public entities.) 2. DRUG -FREE WORKPLACE REQUIREMENTS: Contractor will comply with the requirements of the Drug -Free Workplace Act of 1990 and will provide a drug -free workplace by taking the following actions: a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations. b. Establish a Drug -Free Awareness Program to inform employees about: 1) the dangers of drug abuse in the workplace; 2) the person's or organization's policy of maintaining a drug -free workplace; 3) any available counseling, rehabilitation and employee assistance programs; and, 4) penalties that may be imposed upon employees for drug abuse violations. c. Every employee who works on the proposed Agreement will: 1) receive a copy of the company's drug -free workplace policy statement; and, City Council 19 — 38 2/6/2024 EXHIBIT 1 2) agree to abide by the terms of the company's statement as a condition of employment on the Agreement. Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and Contractor may be ineligible for award of any future State agreements if the department determines that any of the following has occurred: the Contractor has made false certification., or violated the certification by failing to carry out the requirements as noted above. (Gov. Code §8350 et seq.) 3. NATIONAL LABOR RELATIONS BOARD CERTIFICATION: Contractor certifies that no more than one (1) final unappealable finding of contempt of court by a Federal court has been issued against Contractor within the immediately preceding two-year period because of Contractor's failure to comply with an order of a Federal court, which orders Contractor to comply with an order of the National Labor Relations Board. (Pub. Contract Code §10296) (Not applicable to public entities.) 4. CONTRACTS FOR LEGAL SERVICES..$5.0.,000 OR MORE- PRO BONO REQUIREMENT: Contractor hereby certifies that Contractor will comply with the requirements of Section 6.072 of the Business and Professions Code, effective January 1, 2003. Contractor agrees to make: a good faith effort to provide a minimum number of hours of pro bono legal services during each year of the contract equal to the lessor of 30 multiplied by the number of full time attorneys in the firm's offices in the State, with the number of hours prorated on an actual day basis for any contract period of less than a full ............... . year.or,1..0% of its contract -with -the State. Failure to make a good faith effort may be cause for non -renewal of a state contract for legal services, and may be taken into account when determining the award of future contracts with the State for legal services. 5. EXPATRIATE CORPORATIONS: Contractor hereby declares that it is not an expatriate corporation or subsidiary of an expatriate corporation within the meaning of Public Contract Code Section 10286 and 10286.1, and is eligible to contract with the State of California. 6. SWEATFREE CODE OF CONDUCT: a. All Contractors contracting for the procurement or laundering of apparel, garments or corresponding accessories, or the procurement of equipment, materials, or supplies, other than procurement related to a public works contract, declare under penalty of perjury that no apparel, garments or corresponding accessories, equipment, materials., or supplies furnished to the state pursuant to the contract have been laundered or produced in whole or in part by sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor, or with the benefit of sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor. The contractor further declares under penalty of perjury that they adhere to the Sweatfree Code of Conduct as set forth on the California Department of Industrial Relations website located at www.dir,ca.gov, and Public Contract Code Section 6108. b. The contractor agrees to cooperate fully in providing reasonable access to the aontractnr'e rer+ Ws docilmuntc wqepts nr-mn1nyeiz n 1FmiCP_S H rPnCnnah1g City Council 19 — 39 2/6/2024 EXHIBIT 1 required by authorized officials of the contracting agency, the Department of Industrial Relations, or the Department of Justice to determine the contractor's compliance with the requirements under paragraph (a). 7. DOMESTIC PARTNERS: For contracts of $100,000 or more, Contractor certifies that Contractor is in compliance with Public Contract Code section 10295.3. 8. GENDER IDENTITY: For contracts of $100,000 or more, Contractor certifies that Contractor is in compliance with Public Contract Code section 10295,35. DOING BUSINESS WITH THE STATE OF CALIFORNIA The following laws apply to persons or entities doing business with the State of California. 1. CONFLICT OF INTEREST; Contractor needs to be aware of the following provisions regarding current or former state employees. If Contractor has any questions on the status of any person rendering services or involved with the Agreement, the awarding agency must be contacted immediately for clarification. Current State Employees (Pub. Contract Code §10410): 1). No officer or employee shall engage in any employment, activity or enterprise from which the officer or employee receives compensation or has a financial interest and i which is sponsored or funded by any state agency, unless the employment, activity or — ---enter-prise-is-required-as-a-condition-of-r-eguiar-state-arnployment 2). No officer or employee shall contract on his or her own behalf as an independent contractor with any state agency to provide goods or services. Former State Employees (Pub. Contract Code §10411): 1). For the two-year period from the date he or she left state employment, no former state officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision -making process relevant to the contract while employed in any capacity by any state agency, 2). For the twelve-month period from the date he or she left state employment, no former state officer or employee may enter into a contract with any state agency if he or she was employed by that state agency in a policy -making position in the same general subject area as the proposed contract within.the 12-month period prior to his or her leaving state service. If Contractor violates any provisions of above paragraphs, such action by Contractor shall render this Agreement void. (Pub. Contract Coale §10420) Members of boards and commissions are exempt from this section if they do not receive payment other than payment of each meeting of the board or commission, payment for preparatory time and payment for per diem. (Pub. Contract Code §10430 (e)) 2. LABOR CODE/WORKERS' COMPENSATION: Contractor needs to be aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions. and City Council 19 — 40 2/6/2024 EXHIBIT 1 Contractor affirms to comply with such provisions before commencing the performance of the work of this Agreement. (Labor Code Section 3700) 3. AMERICANS WITH DISABILITIES CT: Contractor assures the State that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.) 4. CONTRACTOR NAME CHANGE: An amendment is required to change the Contractor's name as listed on this Agreement. Upon receipt of legal documentation of the name change the State will process the amendment. Payment of invoices presented with a new name cannot be paid prior to approval of said amendment. 5. CORPORATE QUALIFICATIONS TO DO BUSINESS IN CALIFORNIA: a. When agreements are to be performed in the state by corporations, the contracting agencies will be verifying that the contractor is currently qualified to do business in California in order to ensure that all obligations due to the state are fulfilled. b. "Doing business" is defined in R&TC Section 23101 as actively engaging in any transaction for the purpose of financial or pecuniary gain or profit. Although there are some statutory exceptions to taxation, rarely will a corporate contractor performing within the state not be subject to the franchise tax. c. Both domestic and foreign corporations (those incorporated outside of California) must be in good standing in order to be qualified to do business in California. Agencies will determine whe-the_r_a__c�tis j&lr--gon-cL&tanding_b_-oa.11ing_the-Office-of_th.e-ecreta.ry of State. 6. RESOLUTION: A county, city, district, or other focal public body must provide the State with a copy of a resolution, order, motion, or ordinance of the local governing body which by law has authority to enter into an agreement, authorizing execution of the agreement. 7. AIR OR WATER POLLUTION VIOLATION: Under the State laws, the Contractor shall not be: (1) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; (2) subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to air or water pollution. 3. PAYEE DATA RECORD FORM STD. 204: This form must be completed by all contractors that are not another state agency or other governmental entity. City Council 19 — 41 2/6/2024 EXHIBIT 1 1551 STATE OF CALIFORNIA--DEPARTMENT OF FINANCE PAYEE DATA RECORD (Required when receiving payment from the State of Californla In lieu of IRS W'-® orW' 7) STD 204 (Rev. 0312021) .r:,:j -;r"'A <.:.s' '; �St �ti }.�?: .LS.;r. .�, r,i: k% r t' .3�,. .(' 1!--,. 5i,,.�. �•.1 �... �.i �. 'fk 4 .6�,*.a',:rri, �_'a ,.,,, 1�. S l NAME (This Is required. Do not leave lhls line blank. Must match the payee's federal tax return) I3USINESS NAME, DSA NAME or DISREGARDED SINGLE MEMBER LLC NAME (If different from above) MAILING ADDRESS (number, street, apt. or suite no,) (See Instructions on Page 2) CITY, STATE, ZIP CODE E-MAIL ADDRESS Check one f box only that matches the Gntltr type of the AaYee listed In Section 1 above. See Instructions on page 2 ❑ SOLE PROPRIETOR l INDIVIDUAL CORPORATION (see instructions on page 2) ❑ 8INCLE MEMBER LLC Disregaided Entltyowned byanindivldual ❑ MEDICAL (e.g., dentistry, chiropractic, etc.) ❑ PARTNERSHIP ❑ LEGAL (e.g., atfornoysorvk9s) ❑ ESTATE OR TRUST ❑ EXEMPT (e.g,, mnproflp ❑ ALL OTHERS Enter your Tax Identification Number (TIN) in the appropriate box. The TIN must match the name given in Section 1 of this form. Do not provide more than one (t) TIN. The TIN is a 9-digit number. Note: Payment will not be processed without a TIN. • For Individuals, enter SSN. • If you are a Resident Alien, and you do not have and are not eligible to get an SSN, enter your ITIN. • Grantor Trusts (such as a Revocable Living Trust while the grantors are alive) may not have a separate FEIN. Those trusts must enter the individual grantor's SSN. • For Sole Proprietor or Single Member LLC (disregarded entity), in which the sole-m em b efl"n-Individual—enter-GSN-(I-TIN-if-appi icabl e)-orF£I N-(F-TB prefers SSN). • For Single Member LLC {disregarded entity), In which the sole member is a business entity, enter the owner entity's FEIN. Do not use the disregarded entity's FEIN. • For all other entities including LLC that is taxed as a corporation or partnership, estates/trusts (with FEINs), enter the entity's FIE IN. Social Security Number (SSN) or Individual Tax Idonttfication Number (ITIN) OR Federal Employer Identification Number 0 CALIFORNIA RESIDENT -- Qualified to do business In California or maintains a permanent place of business In California. ❑ CALIFORNIA NONRESIDENT — Payments to nonresidents for services may be subject to state income tax withholding. [-]No services performed In California ❑ Copy of Franchise Tax Board waiver of state Wthhulding is attached. 1 hereby certify under penalty of perjury that the lnforrnation provided on this document is true and correct. Should my residency status change, 1 will Prompt& notify the state acioncv below. NAME OF AUTHORIZED PAYEE REPRESENTATIVE TITLE j E-MAIL ADDRESS SIGNATURE DATE TELEPHONE (Include area code) � �4+,,r � '#�'�u4�i ;;;�� .�i`'',•x?s�.� ,G„�� �^� �R ��T�>�s ���- 1� ,,1° 1 4 -�� v�! 'riWm'vE'}.��e>a� �%`- ���:;,::�i': Please return completed form to: STATE AGENCYIDEPARTMENT OFFICE UNIT1SEgCTION MAILING ADDRESS FAX TELEPHONE (Include area code) CITY STATE Z[P CODE E-MAILADDRESS City Council 19 — 42 2/6/2024 EXHIBIT 1 STATE OF CALIFORNIA - DEPARTMENT OF FINANCE PAYEE DATA RECORD (Required when receiving payment from the State of California in lieu of IRS W-9 or W-7) STD 204 (Rev. 03/2021) GENERAL INSTRUCTIONS Type or print the information on the Payee Data Record, STD 204 form. Sign, date, and return to the state agency/department office address shown in Section 6 Prompt return of this fully completed form will prevent delays when processing payments. Information provided in this form will be used by California state agencies/departments to prepare Information Returns (Form1099) NOTE: Completion of this form is optional for Government entities, i.e. federal, state, local, and special districts. A completed Payee Data Record, STD 204 form, is required for all payees (non -governmental entities or individuals) entering into a transaction that may lead to a payment from the state. Each state agency requires a completed, signed, and dated STD 204 on file; therefore, it is possible for you to receive this form from multiple state agencies with which you do business. Payees who do not wish to complete the STD 204 may elect not to do business with the state If the payee does not complete the STD 204 and the required payee data is not otherwise provided, payment may be reduced for federal and state backup withholding. Amounts reported on Information Returns (Form 1099) are in accordance with the Internal Revenue Code (IRC) and the California Revenue and Taxation Code (R&TC). Section 1 — Payee Information Name - Enter the name that appears on the payee's federal tax return. The name provided shall be the tax liable party and is subject to IRS TIN matching (when applicable). • Sole Proprietorllndividual[Revocable Trusts - enter the name shown on your federal tax return. • Single Member Limited Liability Companies (LLCs) that is disregarded as an entity separate from its owner for federal tax purposes - enter the name of the individual or business entity that is tax liable for the business in section 1. Enter the DBA, LLC name, trade, or fictitious name under Business Name. • Note: for the State of California tax purposes, a Single Member LLC is not disregarded from its owner, even if they may be disregarded at the Federal level. • Partnerships, Estates/Trusts, or Corporations - enter the entity name as shown on the entity's federal tax return. The name provided in Section 1 must match to the TIN provided in section 3. Enter any DBA, trade, or fictitious business names under Business Name. Business Name - Enter the business name, DBA name, trade or fictitious name, or disregarded LLC name. Mailing Address --The mailing address is the address where the payee will receive information returns. Use form STD 205, Payee Data Record Supplement to provide a remittance address if different from the mailing address for information returns, or make subsequent changes to the remittance address. Section 2 — Entity Type If the Payee in Section 1 Is a n ... THEN Select the Box for... Individual • Sole Proprietorship • Grantor Revocable Living) Trust disregarded for federal tax purposes Sale Proprietor/Individual Limited Liabili Company LLC owned by an individual and is disre arded for federal tax purposes Single Member LLC-awned by an individual Partnerships • Limited Liability Partnerships (LLP) • and, LLC treated as a Partnership Partnerships Estate • Trust other than disregarded Grantor Trust Estate or Trust Corporation that is medical in nature (e.g., medical and healthcare services, physician care, nursery care, dentistry, etc. • LLC that is to be taxed like a Corporation and is medical in nature Corporation -Medical Corporation that is legal in nature (e.g., services of attorneys, arbitrators, notary publics involving legal or law related matters, etc.) • LLC that is to be taxed like a Corporation and is legal in nature Corporation -Legal Corporation that qualifies for an Exempt status, including 501 c 3 and domestic non-profit corporations. Corporation -Exempt Corporation that does not meet the qualifications of any of the other corporation types listed above • LLC that is to be taxed as a Corporation and does not meet any of the other corporation types listed above Corporation -All Other Section 3 — Tax Identification Number The State of California requires that all parties entering into business transactions that may lead to payment(s) from the state provide their Taxpayer Identification Number (TIN). The TIN is required by R&TC sections 18646 and 18661 to facilitate tax compliance enforcement activities and preparation of Form 1099 and other infonnalion retums as required by the IRC section 6109(a) and R&TC section 18662 and its regulations. Section 4 — Payee Residency Status Are you a California resident or nonresident? • A corporation will be defined as a "resident" if it has a permanent place of business in California or is qualified through the Secretary of State to do business in California. • A partnership is considered a resident partnership if it has a permanent place of business in California. • An estate is a resident if the decedent was a California resident at time of death. • A trust is a resident if at least one trustee is a Califomia resident. o For individuals and sole proprietors, the term "resident" includes every individual who is in California for other than a temporary or transitory purpose and any individual domiciled in California who is absent for a temporary or transitory purpose. Generally, an individual who comes to California for a purpose that will extend over a long or indefinite period will be considered a resident. However, an individual who comes to perform a particular contract of short duration will be considered a nonresident. For information on Nonresident Withholding, contact the Franchise Tax Board at the numbers listed below: Withholding Services and Compliance Section: 1-888-792-4900 F-mail address: wses.gen@ftb.ca.gov For hearing impaired with TDD, call: 1-800-822-6268 Websile: www.fib.ca.gov Section 5 — Certification Provide the name, title, email address, signature, and telephone number of individual completing this form and date completed. In the event that a SSN or ITIN is provided, the individual identified as the tax liable party must certify the form. Note: the signee may differ from the tax liable party In this situation if the signee can provide a power of attorney documented for the individual, Section 6 — Paying State Agency This section must be completed by the state agencyldepartment requesting the STD 204. Privacy Statement Section 7(b) of the Privacy Act of 1974 (Public Law 93-579) requires that any federal, state, or local govemmental agency, which requests an individual to disclose their social security account number, shall inform that individual whether that disclosure is mandatory or voluntary, by which statutory or other authority such number is solicited, and what uses will be made of it, It is mandatory to furnish the information requested Federal law requires that payment for which the requested information is not provided is subject to federal backup withholding and state law imposes noncompliance penalties of up 10 $20,000. You have the right to access records containing your personal information, such as your SSN. To exercise that right, please contact the business services unit or the accounts payable unit of the state agency(ies) with which you transact that business. All questions should be referred to the requesting state agency listed on the bottom front of this form. City Council 19 — 43 2/6/2024 EXHIBIT 1 STATE OF CALIFORNIA DAR.FUR CONTRACTING ACT CERTIFICATION DOS PD 1 (Rev. 12119) DEPARTMENT OF GENERAL SERVICES PROCUREMENT DIVISION Public Contract Code Sections 10476 -10481 applies to any company that currently or within the previous three years has had business activities or other operations outside of the United States. For such a company to bid on or submit a proposal for a State of California contract, the company must certify that it is either a) not a scrutinized company; or b) a scrutinized company that has been granted permission by the Department of General Services to submit a proposal. If your company has not, within the previous three years, had any business activities or other operations outside of the United States, you do not need to complete this form. OPTION #1 - CERTIFICATION If your company, within the previous three years, has had business activities. or other operations outside of the United States, in order to be eligible to submit a bid or proposal, please insert your company name and Federal ID Number and complete the certification below. I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that a) the prospective proposer/bidder named below is not a scrutinized company per Public Contract Code 10476; and b) I am duly authorized to legally bind the prospective proposerlbidder named below. This certification is made under the laws of the State of Company/Vendor Name (Printed) Federal ID Number By (Authorized Signature) Date Printed Name and Title of Person Signing OPTION #2 — WRITTEN PERMISSION FROM QGS Pursuant to Public Contract Code Section 10477(b), the Director of the Department of General Services may permit a scrutinized company, on a case -by -case basis, to bid on or submit a proposal for a contract with a state agency for goods or services, if it is in the best interests of the state. If you are a scrutinized company that has obtained written permission from the DGS to submit a bid or proposal, complete the information below. Pago 1 of 2 City Council 19 — 44 2/6/2024 EXHIBIT 1 We are a scrutinized company as defined in Public Contract Code section 10476, but we have received written permission from the Department of General Services to submit a bid or proposal pursuant to Public Contract Code section 10477(b). A copy of the written permission from DGS is Included with our bid or proposal. CompanylVendor Name (Printed) Federal iD Number By (Authorized Signature) I Date Printed Name and Title of Person Signing Page 2 of 2 City Council 19 — 45 2/6/2024 EXHIBIT 1 EXHIBIT B PROGRAM AND BUDGET NARRATIVE 12 City Council 19 — 46 2/6/2024 EXHIBIT 1 WORKING WARDROBES FORA NEW START REQUEST FOR PROPOSALS (RFP) NO. 23-106A SERVICES PROVIDED December 20, 2023 Working Wardrobes for A New Start proposes providing workforce development services for eighty-four (84) formerly incarcerated and justice involved individuals through the Project New Start - Career Development Program Serving Justice Involved Individuals program. The program will incorporate job readiness training, skills development, supportive services, and employment placement assistance to help participants successfully re-enter society, avoid recidivism, become financially independent, and lead productive lives. Eligible participants will be justice involved individuals as defined in Penal Code § 1234(d) and/or under the jurisdiction of a county or the California Department of Corrections and Rehabilitation. Participants may also include individuals who are on county informal probation, county deferred entry of judgement, or any other county diversion program such as drug courts, veterans' courts, community courts, or other specialty courts. Participants will be at least 18 years of age and be authorized to work in the United States. Working Wardrobes will identify and recruit participants through our relationships with Orange County correctional facilities including the Theo Lacy facility in Orange and the Orange County Central Men's and Women's Jails in Santa Ana, the Orange County Sheriff Programs Team, State Division of Adult Parole Operations (DAPO) field units, Orange County Probation and Parole Departments, and through our participation in monthly Orange County Police and Corrections Team (PACT) meetings. We will also conduct recruitment through our core Rebuilding Careers workforce skills training program by identifying eligible participants who may already be enrolled in one or more of our services but would benefit from the specialized services provided through this program. In addition, we will build public awareness of the program through our comprehensive network of over 185 government, social services, educational, and faith - based partners throughout Orange County, many of which also serve this population. Working Wardrobes will conduct a comprehensive intake process that will confirm each participant's eligibility, their understanding of the program's services, their commitment to achieving their individual life and employment goals, and facilitate their co -enrollment in Workforce Innovation and Opportunity Act (WIOA) services offered by the Orange County Workforce Solutions Centers network. Following completion of the intake process, Working Wardrobes will provide the following program services for participants: Job Readiness Training: The program will include 8 to 10 week cycles of workforce and life skills training workshops with a focus on transitioning from incarceration to mainstream society. The workshops will be offered to incarcerated individuals at the Theo Lacy facility and the Central Men's and Women's Jails, and to other eligible participants both at Working Wardrobes and virtually through an online self -paced curriculum for those with transportation, childcare, health, or other challenges. Workshop topics will include Self - Assessment Strategies, Resume Skill Building, Job Search Skill Building, Pre -Interview Skill Building, Interview Skill Building, Power of Your Image, Navigating Success in the Workplace, Work Culture and Effective Communication, Time Management, and Financial Literacy. Each workshop will be approximately two hours in duration, with three workshops conducted each week for a total of 150 workshops over the one year program term. A portion of the training workshops will be held at correctional facilities and a portion at the Working Wardrobes Career Success Center in Santa Ana. Skills Development: The program will offer skills development opportunities that will assist participants' ability to acquire knowledge and training to find and maintain meaningful employment in high -demand industries with opportunities for advancement. We will assist participants in selecting, enrolling, and Page 1 of 6 City Council 19 — 47 2/6/2024 EXHIBIT 1 completing classroom skills training, entering pre -apprenticeship and apprenticeship programs, and enrolling in post -secondary education as distinct paths to obtaining skills in high -wage, high -demand industries including Trades (Construction), Manufacturing, Information Technology, Culinary Arts, and Transportation (Truck Driving). We will utilize training providers included in the State Eligible Providers List (ETPL) to match participants with State -approved classroom skills training programs that meet their needs and goals. We will also assist participants in identifying and enrolling in pre -apprenticeship and apprenticeship programs that may offer subsidized "learn and earn" employment opportunities. Participants will also have the opportunity to enroll in post -secondary education at local colleges and universities to pursue degree or certificate programs that will lead to employment opportunities in high -demand occupations. Career Coach: All participants will be assigned to a Career Navigator, who will conduct intake and assessment activities, help to develop life and employment goals, prepare an Individualized Employment Plan (IEP), identify supportive services to address basic and immediate issues including housing, legal, mental and physical health, and other federal, state, and local assistance programs, and offer individualized, compassionate, and client -focused guidance to maximize participants' potential to achieve their individual goals. They will be supported by our volunteer force of Career Coaches, who will assist participants in developing resumes, assessing communication and interview skills, reviewing labor market information, identifying career opportunities, and assisting the Career Navigators. Participants will also be provided with open access to the state-of-the-art Working Wardrobes job search lab, which is located at our Career Success Center in Santa Ana and is equipped with computers, printers, and resource materials to help them produce resumes, research occupational and employment opportunities, and identify other employment -related resources. Vocational Assessment: The program's Career Navigators will work closely with each participant to help them identify basic skills, interests, abilities, and values to determine suitable career paths. Assessment tools will include True Colors, O*Net Online, and a career inventory to identify occupational interests and skill sets. The results of the assessments will inform the development of each participant's IEP and establish a clear plan for training and employment goals and supportive services needs. The Career Navigators will meet with each participant on a biweekly basis to review progress, revise goals, and offer additional assistance as needed. Job Placement Assistance: The program's Job Developer will work closely with the Workforce Solutions Centers, the State Employment Development Department, Orange County Business Council, Chambers of Commerce, employment agencies, and local employers to identify job opportunities for participants with a focus on high demand occupations including Trades (Construction), Manufacturing, Information Technology, Culinary Arts, and Transportation (Truck Driving). The program's goal is to help participants secure employment as soon as possible to help them achieve financial stability, especially for those enrolled in skills training programs and post -secondary education. The Career Navigators will match participants with job openings based on their skills, interests, and training and support their job search process through assistance in completing job applications, referring them to job openings, and providing coaching and encouragement to support their success in securing employment. Working Wardrobes will also hold periodic in -person Hiring Events which will offer in -person networking opportunities with local employers to facilitate access to available job openings. Supportive Services: The program will provide participants with direct financial aid to help them address transportation needs (through the provision of gasoline debit cards and bus passes) and other incidental needs addressing barriers to employment (such as identification/credentials, background checks, grooming, etc.) and support their ability to access services and employment opportunities. Page 2 of 6 City Council 19 — 48 2/6/2024 EXHIBIT 1 The program will also provide each participant with a professional outfit (including a suit, shirt or blouse, shoes, and accessories) for interviews and on -the job to help them build their confidence and make a good first impression with potential employers. They will receive one-on-one assistance by our Wardrobe Specialist to select outfits that best meet their needs. Incentives will also be provided to encourage participants to achieve program milestones and reward them for their success. A payment of $125 will be awarded to participants who complete the full complement of workforce skills training activities, $125 will be awarded to those attaining an industry -recognized certificate or completion (whether through Working Wardrobes or another training provider), and $250 will be awarded upon attainment of employment. The maximum value of incentives to be provided to an individual client is $500. Follow -Up Support: Whether or not they have completed the full range of program services or secured employment, participants will have continued access to all Working Wardrobes activities including coaching, advice, and guidance to help them identify and obtain additional skills training and supportive services, and ensure that they achieve their individual goals, maintain their employment, and continue to progress in their careers. The goal of the program is to serve eighty-four (84) justice involved individuals over the initial program term and support their ability to gain valuable workforce and occupational skills, achieve success in the job market, contribute to the growth and success of businesses and the economy, avoid recidivism, and build successful and self-sufficient lives. The following minimum performance outcomes and measurements to be achieved are as follows: Outcome Measurement Enrolled in program 84 partici ants Enrolled in training 40 participants Completed training 30 participants Attained industry -identified certificate or credential 20 participants Placed inpost-secondary education 13 participants Placed in state approved apprenticeship 13 participants Employed 40 participants Page 3 of 6 City Council 19 — 49 2/6/2024 EXHIBIT 1 WORKING WARDROBES FORA NEW START REQUEST FOR PROPOSALS (RFP) NO. 23-106A FIRM AND TEAM EXPERIENCE December 20, 2023 Working Wardrobes for a New Start is a nonprofit organization founded in 1990. Over the past 33 years we have provided comprehensive and impactful workforce and life skills training, job placement assistance, and professional wardrobing for over 120,000 individuals. Our mission statement is: We help people overcome barriers to gainful employment. Our target service population is low-income persons from marginalized groups seeking to enter the workforce or achieve career advancement, with a focus on assisting persons of color, veterans, seniors, and justice involved individuals as well as those who have faced major life crises including homelessness, substance abuse, domestic violence, chronic illness, and/or long-term unemployment. In 2022 alone, Working Wardrobes provided assistance to a total of 4,420 clients receiving 16,575 units of service. Our 2023 organizational budget is $5,432,640 and we employ a staff of 40 employees. Our impressive record of longevity, sustainability, and success demonstrates our ability and commitment to helping our clients realize "The Power of a Paycheck." 4.00 full-time equivalent (FTE) employees will be working directly on this program, including our Director of Client Services (0.50 FTE), two (2) Career Navigators (total 2.00 FTE), Client Services Administrator (0.25 FTE), Job Developer (1.00 FTE), and Wardrobe Specialist (0.25 FTE). The Working Wardrobes corporate headquarters and Career Success Center are located at 2000 E. McFadden Ave., Santa Ana, CA 92705. Working Wardrobes serves all of Orange County and the surrounding regions of southern California. The supervising Project Manager will be Bianca Herrera, Director of Client Services. She is based at the Working Wardrobes headquarters in Santa Ana. Her email address is biancah@workingwardrobes.org and her phone number is 714-210-2460. The following Working Wardrobes positions will be assigned to this program: Director of Client Services Career Navigator #1 Career Navigator #2 Client Services Administrator Job Developer Wardrobe Specialist All staff members filling these positions will be qualified to fulfill their job responsibilities and execute the program's services. The specific responsibilities of each position as related to this program are identified within the Budget and Narrative (Attachment C). Working Wardrobes confirms our commitment that personnel as identified in this proposal will be available throughout the program/contract term. Working Wardrobes has assisted justice involved individuals throughout our 33 years of service to Orange County and the surrounding regions of southern California. We began providing workforce skills training and job placement assistance focused on the challenges and needs of this population in 2013 by conducting workshops at the Orange County Men's and Women's Jails and the Theo Lacy facility, and we have since expanded our experience and reach through our execution of three government contracts: 1) Orange County Page 4 of 6 City Council 19 — 50 2/6/2024 EXHIBIT 1 Community Services: Linking Employment Activity Pre-Release-2 (LEAP-2) program with term of July 1, 2016 through December 3, 2018; 2) City of Santa Ana: Prison to Employment program with term of October 1, 2019 through March 31, 2022; and 3) Board of State and Community Corrections: Adult Reentry Program with term of October 1, 2022 through April 30, 2026. Further, our core Rebuilding Careers workforce training program includes justice involved individuals as a target population. In total, Working Wardrobes has helped approximately 3,500 justice involved individuals gain workforce and life skills and find quality jobs. Page 5 of 6 City Council 19 — 51 2/6/2024 EXHIBIT 1 WORKING WARDROBES FORA NEW START REQUEST FOR PROPOSALS (RFP) NO. 23-106A PROPOSED WORK PLAN AND TIMELINE December 20, 2023 All program activities and services will be conducted and available to participants on an open, ongoing basis throughout the program period. The following activities will be offered and milestones/outcomes achieved as follows, with cumulative outcomes metrics to be reached by the contract end date. Number of participants Quarter Quarter Quarter Quarter Quarter Activity Milestone 1 2 3 4 5 Total Program Participants complete 0 21 21 21 21 84 enrollment program intake process including AJCC co -enrollment Training Participants are 0 10 10 10 10 40 enrollment assigned to a Career Navigator and develop an IEP to identify training and supportive services needs and set goals Training Participants complete 0 6 8 8 8 30 completion job readiness skills training Certificate or Participants complete 0 0 6 7 7 20 credential certificate or attainment credential training program Post- Participants enter 0 2 3 4 4 13 secondary post -secondary education education programs placement at community colleges State approved Participants enter 0 2 3 4 4 13 apprenticeship State -approved placement apprenticeship ro rams Employment Participants secure 0 4 12 12 12 40 placement employment NOTE: Quarter 1 will be utilized as a program preparation period to hire and orient program staff, establish program services protocols, and initiate relationships with correctional agencies, training providers, and educational institutions. Page 6 of 6 City Council 19 — 52 2/6/2024 EXHIBIT 1 WORKING WARDROBES FOR A NEW START PROJECT NEW START - CAREER DEVELOPMENT PROGRAM SERVING JUSTICE -INVOLVED INDIVIDUALS BUDGET NARRATIVE December 20, 2023 PERSONNEL SALARIES 1. Director of Client Services: 50% FTE for 12 months = $42,500 Dedicate 50% of time to program for 12 months. Provide management and quality control of program services and staff, ensure compliance with contract requirements, coordinate partnerships with correctional agencies, Workforce Solutions Centers, and training providers. 2. Career Navigators (2): 100% FTE ea. for 12 months = $54,995 ea. x 2 = $109,990 Dedicate 100% of time to program for 12 months. Coordinate participant outreach, intake, and enrollment, provide case management/career navigation for participants, facilitate referrals and enrollment for supportive services, occupational skills training, certification programs, educational opportunities, and job placement. 3. Client Services Administrator: 25% FTE for 12 months = $16,875 Dedicate 25% of time to program for 12 months. Process and track participant incentives, supportive services, and skills development payments, maintain program data, coordinate reporting tasks, provide support to Director of Client Services and Career Navigators. 4. Job Developer: 100% FTE for 12 months = $56,160 Dedicate 100% of time to program for 12 months. Work with local employers to identify job opportunities for participants, assist Career Navigators in matching participants with job openings and apprenticeship programs. 5. Wardrobe Specialist: 25% FTE for 12 months = $13,250 Dedicate 25% of time to program for 12 months. Schedule and provide professional wardrobe services for clients, manage volunteer Personal Shoppers. TOTAL PERSONNEL SALARIES = $239,045 PERSONNEL BENEFITS 1. Director of Client Services: 12.64% of salary (blended rate including Social Security, Medicare, SUI, health insurance, and workers compensation) _ $42,500 x 12.64% _ $5,372 2. Careers Navigators (2): 12.64% of salary (blended rate including Social Security, Medicare, SUI, health insurance, and workers compensation) _ $54,995 ea. x 2 = $109,990 x 12.64% _ $13,902 3. Client Services Administrator: 12.64% of salary (blended rate including Social Security, Medicare, SUI, health insurance, and workers compensation) _ $16,875 x 12.64% _ $2,133 4. Job Developer - Vacant: 12.64% of salary (blended rate including Social Security, Medicare, SUI, health insurance, and workers compensation) _ $56,160 x 12.64% _ $7,099 5. Wardrobe Specialist: 12.64% of salary (blended rate including Social Security, Medicare, SUI, health insurance, and workers compensation) _ $13,520 x 12.64% _ $1,709 TOTAL PERSONNEL BENEFITS = $30,215 TOTAL PERSONNEL SALARIES & BENEFITS = $269,260 Page 1 of 3 City Council 19 — 53 2/6/2024 EXHIBIT 1 OPERATING EXPENSES Office Expenses Casebook CRM system subscription to manage program and client data (25% of total annual expense allocated to this program) = $2,500 Flash drives for participants to store program materials; paper, pens, printer ink, file folders, other miscellaneous supplies for program staff = $1,100 Printing of program marketing/outreach flyers and brochures and skills workshops curriculum materials = $1,900 Total Office Expenses = $5,500 Indirect Cost Per Negotiated Indirect Cost Rate Agreement with U.S. Department of Labor for period 01/01/23 to 12/31/23 @ 21.06%. Direct services total costs of $612,919 x 21.06% = $129,081 Total Indirect Cost = $129,081 Participant Skills Development (Training) Payment of tuition and training -related expenses (tools, uniforms, books, etc.) for participants enrolled in certificate or credential programs or post -secondary education 33 participants @ $5,636/ea. (average) = $136,000 (program cost) + $50,000 (matching funds from City of Santa Ana WORK Center) = $186,000 Total Participant Skills Development (Training) = $186,000 ($136,000 program cost + $50,000 matching funds from City of Santa Ana WORK Center) Professional Services Training Coordinator (independent contractor) Conduct Job Readiness Workforce/Life Skills Workshops at correctional facilities and Working Wardrobes 20 hours/week x 50 weeks @ $35.00/hr. = $35,000 Total Professional Services = $35,000 Staff Travel/Milea2e Mileage reimbursement for staff travel to and from correctional facilities and partner agencies. 2,588 mi. @ $0.67/mi. (2024 IRS business rate) = $1,734 Total Staff Travel/Mileage = $1,734 Supportive Services Financial Assistance Prepaid gasoline cards and bus passes along with payment of incidental needs addressing barriers to employment such as identification/credentials, background checks, grooming, etc. 84 participants @ $250/ea. (average) = $21,000 Job Readiness Workforce/Life Skills Workshops Presentation of workforce and life skills workshops for program participants (topics include Self - Assessment Strategies, Resume Skill Building, Job Search Skill Building, Pre -Interview Skill Building, Interview Skill Building, Power of Your Image, Navigating Success in the Workplace, Work Culture and Effective Communication, Time Management, and Financial Literacy). Each client will participate in a 8 to 10 week cycle of workshops. 3 workshops/week x 50 weeks @ $600 ea. = $90,000 Page 2 of 3 City Council 19 — 54 2/6/2024 EXHIBIT 1 Wardrobe Services One professional and two business casual outfits (including accessories and shoes) to each participant for interviews and on-the-job. 50 regular size participants @ $420/ea. = $21,000 34 plus size participants @ $450/ea. = $15,300 Total Wardrobe Services = $36,300 Total Supportive Services = $147,300 Participant Incentives Payments to participants achieving program outcomes. $500 maximum in payments to each participant. Completion of full cycle of workforce/life skills training workshops: 40 participants @ $125/ea. _ $5,000 Attainment of skills training certificate or credential: 25 participants @ $125/ea. = $3,125 Attainment of employment: 40 participants @ $250/ea. = $10,000 Total Participant Incentives = $18,125 TOTAL OPERATING EXPENSES = $662,919 ($612,919 program cost + $50,000 matching funds from City of Santa Ana WORK Center) GRAND TOTAL = $792,000 ($742,000 program cost + $50,000 matching funds) Program staff will document and track requests, approvals, and payments of Participant Incentives payments to verify eligibility, ensure that individual participants are not paid above the $500 maximum, and that the total line item budget is not exceeded. Incentives payments will be provided to participants in the form of Visa/MasterCard gift cards or company checks. No cash will be distributed to participants. All Participant Supportive Services payments for transportation and other incidental needs addressing barriers to employment and Participant Skills Development (Training) tuition and training -related expenses will also be carefully controlled by the program staff to maintain fiscal integrity and adherence to the program budget. Gasoline and public transportation assistance will be provided to clients in the form of gas company debit cards or bus line pass cards that will be distributed to participants once eligibility and need is endorsed by a Career Navigator. The need and value of other Supportive Services and Skills Development (Training) expenses will be documented through bills, invoices, receipts, quotes, or other documents supporting each request that are secured by either the program staff or participants and confirmed with the appropriate vendor prior to payment. All payment requests will be originated by the program's Career Navigators, reviewed and confirmed by the Client Services Administrator, and approved by the Director of Client Services before disbursements are issued. Payments will be issued as Working Wardrobes company checks made payable to and delivered directly to service providers, with no payments provided directly to participants. Page 3 of 3 City Council 19 — 55 2/6/2024 EXHIBIT 1 CITY OF SANTA ANA BUDGET FORM Organization Name: Working Wardrobes for a New Start Administrative Cost (Not to Exceed 10%) Total Program Cost Total Cost Match/In Kind Personnel Salaries 1 Director of Client Services (0.50 FTE) $42,500 $42,500 2 Career Navigator (1.00 FTE) $54,995 $54,995 3 Career Navigator (1.00 FTE) $54,995 $54,995 4 Client Services Administrator (0.25 FTE) $16,875 $16,875 5 Job Developer (1.00 FTE) $56,160 $56,160 6 Wardrobe Specialist (0.25 FTE) $13,520 $13,520 Personnel Benefits 1 Director of Client Services (0.50 FTE) $5,372 $5,372 2 Career Navigator (1.00 FTE) $6,951 $13,902 3 Career Navigator (1.00 FTE) $6,951 $13,902 4 Client Services Administrator (0.25 FTE) $2,133 $2,133 5 Job Developer (1.00 FTE) $7,099 $7,099 6 Wardrobe Specialist (0.25 FTE) $1,709 $1,709 Total Personnel Salaries & Benefits $269,260 $269,260 Operating Expenses Rent Utilities Phones Internet Fees Parking Fees Security Maintenance Insurance Equipment rental fees Accounting Services Vehicle lease Office expenses $5,500 $5,500 Legal Services Auditing Services Indirect Cost $129,081 $129,801 Staff Training Staff Conferences Staff Travel/Mileage $1,734 $1,734 Participant Wages Supportive Services $147,300 $147,300 Participant Incentives $18,125 $18,125 Participant Skills Development $136,000 $136,000 $50,000 Professional Services $35,000 $35,000 Total Operating Expenses $472,740 $472,740 GRAND TOTAL (Personnel+operating) $742,000 $742,000 $50,000 City Council 19 - 56 2/6/2024 Planning and Building Agency www.santa-ana.org/planning-and-building Item # 20 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report February 6, 2024 TOPIC: Professional Services Agreement for Public Realm Plans AGENDA TITLE Agreement with Torti Gallas + Partners, Inc. (TGP) to Assist the City with the Development and Adoption of a Public Realm Plan for Each of the Five General Plan Focus Areas in an Amount Not to Exceed $799,282 (Specification No. 23-011) (General Fund and Non -General Fund) RECOMMENDED ACTION Authorize the City Manager to execute an agreement with Neal I. Payton Architectural Corporation dba Torti Gallas + Partners, Inc. (TGP) to assist the City with the development and adoption of a Public Realm Plan for each of the five General Plan Focus Areas, in an amount not to exceed $799,282 for a two-year term beginning on February 6, 2024 and expiring on January 31, 2026, with provisions for a one two-year extension (Agreement No. A-2024-XXX). GOVERNMENT CODE §84308 APPLIES Yes DISCUSSION The City Council adopted a comprehensive update to its General Plan on April 19, 2022. The updated General Plan includes significant changes to the use and development of land reflecting the vision of the community to strategically focus future growth along five major transit corridors or, as termed by the Plan, Focus Areas. The five Focus Areas include South Main Street, Grand Avenue/17t" Street, West Santa Ana Boulevard, 55 Freeway/Dyer Road, and South Bristol Street. The City's General Plan Land Use Element will redirect growth into the Focus Areas by providing opportunities for new developments that match the vision and goals expressed by the community and City Council. The General Plan contains policies that call for the completion of public realm plans for the Focus Areas to enhance pedestrian and cyclist experience, amenities, safety, sense of place, and aesthetics. Policies in the General Plan also call for the establishment of mechanisms to leverage development enabled by the land use changes in the Focus Areas to fund the construction of improvements in the public right-of-way to provide a safe and efficient multimodal transportation system and its maintenance. The Public Realm Plans, once adopted, will provide a road map that links new development enabled by the land use changes to the needed physical improvements, infrastructure, City Council 20-1 2/6/2024 Professional Services Agreement for Public Realm Plans February 6, 2024 Page 2 and street design needed to facilitate the advancement and implementation of the General Plan vision by creating a sense of place, designing for walkability, sustainability and health, making complete neighborhoods, and acting as a catalyst for continued development and reinvestment. Lastly, the Public Realm Plans will be environmentally and economically sustainable, link to previous successes, and connect to funding mechanisms that will facilitate future growth and development. Background and Selection Request for Proposal (RFP) No. 23-011 to solicit services for Public Realm Plans was advertised on February 21, 2023 on the City's online bid and management publication system, PlanetBids, inviting qualified consulting firms with relevant experience to submit their proposals to the City. A summary of RFP vendor participation and results is as follows: • Vendors notified: 362 • Vendors based in Santa Ana: 21 • Vendors downloaded the bid packet: 57 • Bids Received: 5 • Bids received from Santa Ana vendors: Five proposals were submitted by the RFP deadline and all were determined to be responsive. The City formed a selection committee consisting of staff members from the City Manager's Office, Planning and Building Agency, Public Works Agency, and Community Development Agency. The selection committee evaluated the proposals and interviewed the firms prior to making the final selection. The selected firm, Torti Gallas + Partners, Inc. (TGP), located in Los Angeles, has a unique approach to neighborhood design and placemaking among planning firms, which makes them ideally suited for this effort. Their completed projects have demonstrated the inextricable link between architecture and urban design and have consistently produced plans that lead to great neighborhoods. TGP will prepare five (5) public realm plans, technical studies, and associated environmental documents required under the California Environmental Quality Act (CEQA). FISCAL IMPACT Funding is available in the FY 2023-24 budget in the following accounts for the January through June payments: Fiscal Accounting Unit- Fund Accounting Unit, Account Amount Year Account No. Description Description FY 23-24 01116510-62300 General Planning & Building, Planning, $197,992 Fund Contract Services — Professional FY 23-24 15816501-62300 Housing & PBA Leap Program $601,290 Community Dev Grants Total $799,282 City Council 20 — 2 2/6/2024 Professional Services Agreement for Public Realm Plans February 6, 2024 Page 3 The amounts above are an estimate and subject to change based upon actual invoicing of actual hours, services worked, and grant allowance and periods. Funding for subsequent fiscal years, as well as the extension option if exercised, will be included in the proposed budgets for City Council consideration. EXHIBIT 1. Agreement with Torti Gallas + Partners, Inc. (TGP) Submitted By: Minh Thai, Executive Director of Planning and Building Agency Approved By: Tom Hatch, Interim City Manager City Council 20 — 3 2/6/2024 AGREEMENT TO PROVIDE FOCUS AREA PUBLIC REALM PLAN SERVICES WITH TORTI GALLAS AND PARTNERS THIS AGREEMENT is made and entered into on this 6ch day of February 2024 by and between Neal I. Payton Architectural Corporation, a California corporation dba Torti Gallas and Partners (TGP) ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. On February 21, 2023, the City issued Request for Proposal No. 23-011, by which it sought proposals from qualified firms to develop five (5) public realm plans for the Focus Areas included in the updated General Plan, technical studies, and environmental documents required under the California Environmental Quality Act (CEQA) for the project. B. Consultant submitted a responsive proposal that was selected by the City. Consultant represents that it is able and willing to provide the services described in the scope of work that was included in RFP No. 23-011. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional contracting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES a. Consultant shall perform during the term of this agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described in Exhibit A, attached hereto and incorporated by reference. 2. COMPENSATION a. City agrees to pay, and consultant agrees to accept as total payment for its services for City, the rates and charges identified in Exhibit B. The total amount to be expended during the term of this Agreement, including any optional extension periods defined below, shall not exceed $799,282. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals and Scope of Work, which may reasonably be expected by City. City Council 1 20 — 4 2/6/2024 "NONEWRITTAll This Agreement shall commence on the date first written above with a termination date of January 31, 2026 with the option for the City to grant up to one 11) two Q-year renewal, exercisable by a writing by the City manager and the City Attorney, unless terminated earlier in accordance with Section 16, below. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 6. INSURANCE Consultant shall procure and maintain for the duration of the contract insurance against claims forinjuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Consultant, his agents, representatives, employees or subcontractors. City Council 20 — 5 2/6/2024 MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as: • Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, eitherthe general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. • Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Consultant has no owned autos, hired, (Code 8) and non -owned autos (Code 9), with limitno less than $1,000,000 per accident for bodily injury and property damage. • Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. • Professional Liability applicable to the work being performed, with a limit no less than $2,000,000 per claim or occurrence and $2,000,000 aggregate per policy period of one year. If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: Additional Insured Status The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connectionwith such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant's insurance (at least as broad as ISO Form CG 20 10 1185 or if notavailable, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 2037 if a later edition is used). Primary Coverage For any claims related to this contract, the Consultant's insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. Notice of Cancellation Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City. City Council 3 20-6 2/6/2024 Waiver of Subrogation Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Self -Insured Retentions Self -insured retentions must be declared to and approved by the City. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. Claims Made Policies (note — applicable only to professional liability) If any of the required policies provide claims -made coverage: 1. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work. 2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase "extended reporting" coverage for a minimum of five (S) years after completion of work. Verification of Coverage Consultant shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Subcontractors Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City is an additional insured on insurance required from subcontractors. City Council 20 — 7 2/6/2024 Special Risks or Circumstances City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 7. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant or its Consultants, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend, indemnify and hold harmless the City, its officers, agents, representatives, and employees against any and all liability, including costs, and attorney's fees, for infringement of any United States' letters patent, trademark, or copyright contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 9. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years City Council 5 20 — 8 2/6/2024 from the date of final payment to Consultant under this Agreement. 10. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 12. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With a copy to: Executive Director Planning and Building Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, CA 92702 Email: PBAAdmin@santa-ana.org https:Hsanta-ana.primegov.com/Portal/Meeting?meetingTemplateld=19896 City Council 20-9 2/6/2024 To Consultant: Torti Gallas + Partners Attn: Neal I. Payton, Senior Principal 601 West Fifth Street, Suite 600 Los Angeles, CA 90071 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 15. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. City Council 7 20 — 10 2/6/2024 16. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 17. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 18. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 19. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 20. MISCELLANEOUS PROVISIONS Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, City Council 20 —11 2/6/2024 and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Jennifer L. Hall City Clerk APPROVED AS TO FORM SONIA R. CARVALHO City Attorney By. Jose ontoya Assistant City Attorney RECOMMENDED FOR APPROVAL Minh Thai, Executive Director Planning and Building Agency CITY OF SANTA ANA Thomas R. Hatch Interim City Manager TORTI GALLAS & PARTNERS Neal L Payton Senior Principal City Council 9 20 — 12 2/6/2024 CITY OF SANTA AN/ EXHIBIT SCOPE OF SERVICES The City of Santa Ana is requesting proposals from consulting firms, or teams of consultants, for the preparation of five (5) public realm plans, technical studies, and associated environmental documents required under the California Environmental Quality Act (CEQA). Tasks and deliverables outlined in this RFP comprise one part of the City's effort to update its development code and to establish public realm design and development standards for the five Focus Areas identified in the General Plan. In addition to the tasks and deliverables outlined in this RFP, the City will release two separate RFPs to solicit services to comprehensively update its zoning code and for the development of a web -based, three-dimensional visualization tool, respectively. Services solicited through this RFP must incorporate feedback received through the community engagement plan that will be completed through the comprehensive zoning code update. It is anticipated that the project will take approximately 12-18 months following the signing of the contract. The selected firm will be expected to complete the contracted scope of work within the specified time frame. The Santa Ana City Council has allocated monies through the General Fund to fully fund this project. Task 1 - Project Outline, Management, and Coordination: Prepare a working outline of the project, listing the pertinent sections (schedule, outreach measures, and implementation/glossary) and the scope of their coverage/update. The outline must be reviewed and approved by City staff. Deliverables: 1.a: Project outline. 1.b: Monthly project management meetings between consultant and City staff. 1.c: Agenda and meeting summary of monthly meetings. 1.d: Briefing paper summarizing public realm strategies. Task 2 - Project Commencement: The consultant(s) and City staff will review, refine, and finalize the work scope and project schedule. This meeting will allow a discussion regarding the goals of the project, opportunities and constraints, relevant background information and documents available for review, and development of the outreach program. Deliverables: 2.a: Kick-off meeting to refine scope of services, outreach program, budget, and project schedule. 2.b: Agenda and meeting summary for kick-off meeting. Task 3 - Literature Review: The consultant will review existing public realm plans in the City to determine if the standards, designs, and implementation mechanisms can be carried over to new plans. The consultant shall also present current best practices for public real plans from other comparable jurisdictions to the City for consideration. Deliverable: 3.a: An audit of all the existing public realm plans with a set of recommendations for how each respective plan can inform the five new public realm plans and current industry best practices. The document shall be formatted and presented to staff as a table with accompanying illustrations as necessary. Task 4 - Workshops with the Planning Commission, City Council, and other relevant commission(s) and committee(s) as determined by City staff: The consultant will be responsible for facilitating workshops with the Planning Commission, City Council, and any RFP No. 23-011 Focus Area Public Realm Plans Page 4 of 36 City Council 20 — 13 2/6/2024 7 = l CITY OF SANTA ANA other relevant commission(s) and committee(s) as determined appropriate by City staff. The purpose of the workshops is to provide an update of the project, present challenges, requirements, etc., and to obtain feedback, collaboration, and support. Deliverables: 4.a: Attendance and materials for one (1) commission(s)/committee(s), as determined appropriate by staff, subcommittee workshop. 4.b: Attendance and materials for one (1) Planning Commission subcommittee workshop. 4.c: Attendance and materials for one (1) City Council subcommittee workshop. 4.d: Attendance and materials for two (2) workshops with commission(s)/committee(s), as determined appropriate by staff. 4.e: Attendance and materials for two (2) Planning Commission workshops. 4.f: Attendance and materials for two (2) City Council workshops. Task 6 - Draft Corridor Plans: With input and direction from the public, City Council, ETAC, and City staff, the consultant will prepare five (5) public realm plans, one for each of the Focus Areas included in the General Plan. Each public realm plan is to include objective design and development standards, implementation mechanism, and any technical studies needed to establish a funding and maintenance program. The draft plans will be discussed with ETAC, Planning and Building Agency, and other City staff. They shall also be presented and prepared for the general public for review and comment. The public realm plans will be reviewed and prepared to reflect the work program, public input received, and direction from public officials. Taking into account the comments received concerning the draft corridor plans, the consultant will prepare revised drafts. The same review mechanisms applicable to the first draft will be utilized for the revised drafts. Deliverables: 5.a: Draft public realm plans for each of the five (5) focus areas in Microsoft Word and PDF. 5.b: Two copies of revised draft public realm plans for each of the five (5) focus areas in Microsoft Word and PDF: One in a strikeout/new text version (with graphics), and one final clean -copy version (with graphics), that can be loaded onto the City's website. 5.c: Twenty (20) printed copies of all documents. 5.d: GIS shapefiles for all mapping to be included as applicable. Task 6 - CEQA Compliance: Preparation of any environmental document deemed necessary pursuant CEQA, and preparation of Responses to Comments received during any public comment period. Contract augmentation for "excessive" numbers of responses is not typically considered by the City. Therefore, the proposal should be conservative in this regard. The consultant shall also prepare any other written responses to letters or verbal comments received during the preparation and processing of environmental document (as deemed necessary by City). Task 7 - Public Hearing: Staff is requesting that at least two (2) public hearings with the ETAC and at least two (2) public hearings before the City Council be programmed to adopt the final public realm plans. Deliverables: 7.a: Attendance and material for two (2) ETAC public hearings. 7.b: Attendance and material for two (2) City Council public hearings. Task 8 - Final Public Realm Plans: Consultant will be responsible for preparing the final public realm plans, including any changes requested during the public hearings. Deliverables: RFP No. 23-019 Focus Area Public Realm Plans Page 5 of 36 City Council 20 — 14 2/6/2024 aCITY OF SANTA ANA 8.a: Electronic copy of five (5) final public realm plans in Microsoft Word and PDF file formats (USB flash drive including print quality PDF, web ready PDF, editable file). The documents converted to PDF shall be indexed and searchable by chapter. 8.b: Provide electronic copies of all documents produced, formatted in Microsoft Word and PDF (USB flash drive including print quality PDF, web ready PDF, editable file). The documents converted to PDF shall be indexed and searchable by chapter. 8.c: GIS shapefiles for all mapping to be included as applicable. 8.d: Manual for making required updates to the document, including formats and settings, allowing staff to make changes to the file as future amendments are adopted. Task 9 - Post -Adoption CEQA, Training, and Contingency for Changes: Consultant will be responsible for assisting the City with any post -adoption text or formatting changes for a period of six (6) months following adoption of the documents. These include any format changes, "cleanups," and/or minor text amendments (to be agreed upon mutually by the consultant and the City) following adoption of the document by the City Council and final formatting and printing of the document. Consultant will also be responsible for training City staff in new standards, application and project review processes, and interpretations, as needed. Deliverables: 9.a: Filing of any CEQA filings such as notice(s) of exception, exemption, determination, etc. within the state -mandated filing period following adoption of the corridor plans by the City Council. 9.b: As needed, updates to the deliverables of Task 8 (above). 9.c: Staff training and resources for understanding the new corridor plans, reviewing projects and understanding implementation, and clarifications/interpretations as needed. IV. TERM OF AGREEMENT The term of the agreement is 24 months (2 years). The City may, at its discretion, extend the agreement with the same or more limited scope of required services for up to two (2) additional 12-month terms, contingent upon direction of the City Manager. V. RFP SCHEDULE OF EVENTS The schedule below is tentative and subject to change at discretion of City, with appropriate notice to prospective Proposers. Please note that the schedule of events includes an interview date. Proposers should anticipate interviewing and make themselves available. Issue Date: February 21, 2023 Deadline for Questions about RFP: March 24, 2023 Proposal Due Date: April 13, 2023 Interview Date: Week of May 1, 2023 Projected Award Date: June 6, 2023 VI. RESPONSE TO RFP A. SUBMITTAL INSTRUCTIONS (THIS IS FOR ELECTRONIC SUBMITTAL ONLY) It is the responsibility of the Proposer to ensure that any proposals submitted have been uploaded to PlanetBids prior to the proposal due date and time. Proposals, including all required sections and forms, shall be submitted electronically via the City's Bid Management System, PlanetBids. No other form of submittal will be accepted. It is the RFP No. 23-011 Focus Area Public Realm Plans Page 6 of 36 City Council 20 — 15 2/6/2024 COST PROPOSAL EXHIBIT B Cost Summary. Santa Ana Public Realm Plans - Revised tt-6.2023 Task 5univirkar, 4f Costs Tortl Gallas+ Sapphos Gibson KPFF Hoffman TOTALS Partners Transportation Strategies Task 1 PROJECT OUTLINE MANAGEMENT AND COORDINATION $41,000 $0 $0 $0 $0 S41.DOO Task 1.1 Project Outline and Graphic Template $2,500 $2,50 Task1.2 Monthly Meetings 124) and Project Management $21,000 $21,00 Task 1.3 Illustrated Briefing Paper (3 iterations) $17,500 $17,50U Task PROJECT COMMENCEMENT $6,500 s0 $2,000 $2,000 $0 $14SO0 Task Kickoff Meeting $6,500 $2 $2, $10,50 Task LITERATURE REVIEW, SITE ANALYSIS AND REAL ESTATE MARKET ASSESS. SSE, DO 50 $66,790 $24,0N $45,00 $193, Task 3.1 Literature Review $15,000 $1,560 $16,560 Task 3.2 Site Analysis11) Includes Intersection and street segment counts $40,OD0 $65,230 $24, $129,23 Task3.3 Real Estate Market Assessment $3, $45;XM $48,00 Task OPPORTUNITIES ANDCONSTSRAINTS,ONE - ONE MEETINGS, WORKSHOPS $67 $0 $10,262 $0 So 577,; Task 4.1 One on One meetings (20) $9. S9.DD( Task 4.2 Opportunities and Constraints $23,006 $3,575 $16,575 Task 4.3 Workshops(9) includes preparation time $45,000 $6,687 $51,68 Tasks PRELIM & DRAFT CORRIDOR PLANS, OBJ DESIGN SIDS, IMPLEMENTATION $210,0 $D $21,050 $59,000 $11,00 "a1,OS Task 5.1 Prelinary Corridor Plans $50,000 $15,050 $5,000 $70,050 Task 5.2 Preferred Alternative Corridor Plans $40,000 $4,000 $25,000 $69,0 00 Task 5.3 Initial Draft Corridor Plans $30,000 $2,000 $20,000 $52,000 Task 5A Refined Draft Corridor Plans $20,000 $4,000 $24,00 Task 5.5 Public Realm Design Standards $50,000 $50,00 Task 5.6 Implementation Mechanisms $20000 $5,000 $11,000 $36,00 Task 6 CEITA COMPLIANCE $9,220 $56,045 $20,780 $0 $0 $8 Task 6.1 initiation Management and Project Description $2,180 518,175 $20,355 Task 6.2 ASH for Five Focus Area Public Realm Plans $7,040 $37,870 $20,780 $65,69 Task PUBUCHEARINGS $12,000 $8,475 $5,640 $C $0 $2kiis Task Up to Four(4) Public Hearings $12,000 $8,475 $5,640 $26,11 Task FINAL PUBLIC REALM PLANS $10,000 $0 $5 $0 $0 $10,500 Task Final Public Realm Plans $10,000 $500 $10,50 Task9 POSTADOPTONCECIATRAINING,REVIEW $21,040 $12,380 $0 $0 $0 _$Alizo Task 9.1 Additional Project Management and Coordination $3,000 $2,000 $5,00 Task 9.2 CECtA Follow-Up(2) $1,040 $10,380 $11,42 Task 9.3 As Needed Updates to Deliverables (3) $12,000 $12,00 Task 9.4 StfTnihing $5,000 S500 01 Sub -Totals $434,760 $76,900 $127,022 $85,000 $56,000 $779,682 Direct Expenses $14,60,1 $3,100 $1,000 $1,000 $500 $19,600 TOTAL $449,760 $80,000 $12s,n22 $86,000 $56,5011 ' +: (1)Fee far Task 3.2 for Glbson includes fees for 50 Inter 111 counts and 50street segment counts e9uaRmg 525,000 Int total (2) Feefor Task9.2 for Sapphos and TGP 6 NOTTO EXCEED lased on Standard Hourty Rotas (3) Fee for Task 9.3 for TGP is NOTTO EXCEED based on Standard Hourly Rates MI SO �� MIN TORT[ Revised/Final Proposal and Budget for Focus Area Public Realm Plans ME %M PANYMuncil 20 - 16 ANAF CA STANDARD HOURLY RATES Torti Gallas + Partners Executive Principal Senior Principal Principal Associate Principal Director Senior Associate Associate Staff Sapphos Environmental Principal Manager Supervisor Team Lead Specialist Coordinator Analyst Sr. Technical Editor Sr. Graphic Designer Sr. Accountant $300 $275 $250 $220 $200 $185 $165 2 '/2 times Direct Personnel Expense $375 $215 $180 $125 $125 $95 $75 $140 $140 $115 004@TORTI _ jig GALLAS + 0! 'g PART -PIERS City Council 20 — 17 2/6/2024 Gibson Transportation Principal $325 Senior Associate $225 Associate $165 Admin Manager $175 Tech $135 Hoffman Strategy Group Partner $350 KPFF Principal -in -Charge $ 290 Senior Civil Engineer $235 Project Manager $215 Project Engineer/Project Surveyor $180 Design Engineer/Survey Analyst $165 Cheif CAD Operator $190 Draftor/CAD Operator $165 Adminsitrative Support $110 •s MO TORTI +u "F GALLAS + Revised/Final Proposal and Budget for Focus Area Public Realm Plans CITY ANA, CA 20 — 18 / 024 19 ncil City Council 20 — 19 2/6/2024 Human Resources www.santa-ana.org/human-resources Item # 21 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report February 6, 2024 TOPIC: Resolution Amending the Classification and Compensation Plan for Classifications of Employment Designated as Unrepresented Executive Management AGENDA TITLE Adopt a Resolution Amending the Classification and Compensation Plan for Classifications of Employment Designated as Unrepresented Executive Management RECOMMENDED ACTION Adopt a resolution that amends the City's Classification and Compensation Plan for classifications of employment designated as unrepresented Executive Management (EM) to adjust the salary schedule of the Library Services Director. RESOLUTION NO. XXXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO EFFECT CERTAIN CHANGES TO THE CITY'S CLASSIFICATION AND COMPENSATION PLAN FOR CLASSIFICATIONS OF EMPLOYMENT DESIGNATED AS UNREPRESENTED EXECUTIVE MANAGEMENT (EM) GOVERNMENT CODE §84308 APPLIES: No DISCUSSION The Human Resources Department recently completed a labor market survey of compensation rates assigned to job classifications that directly oversee all library related functions. The City of Santa Ana Library Services Director oversees the Library Department, including two full -service branches. The recently -completed labor market survey revealed that the Library Services Director is 7.84% below the median of comparator agencies. The current salary range for Library Services Director is $12,444 - $14,311 per month. The proposed salary range for the Library Services Director is $14,075 - $18,315. The salary range adjustment would be effective January 14, 2024, the first full pay period in calendar year 2024, which would place the Library Services Director salary range within the City's labor market. The current salary of the Library Services Director is below the minimum of the proposed salary schedule. This Resolution would result in the classification receiving a monthly increase in salary of $147, an increase of approximately one percent (1 %). City Council 21 — 1 2/6/2024 Resolution Amending the Classification and Compensation Plan for Classifications of Employment Designated as Unrepresented Executive Management February 6, 2024 Page 2 FISCAL IMPACT The estimated cost of the change in salary range for FY 2023-2024, is $918.85. Appropriations for FY 2023-24 are included in the adopted Fiscal Year 2023- 24 Operating Budget. EXHIBIT(S) 1. Resolution Submitted By: Jason R. Motsick, Executive Director of Human Resources Approved By: Tom Hatch, Interim City Manager City Council 21 — 2 2/6/2024 RESOLUTION NO. 2024-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO EFFECT CERTAIN CHANGES TO THE CITY'S CLASSIFICATION AND COMPENSATION PLAN FOR CLASSIFICATIONS OF EMPLOYMENT DESIGNATED AS UNREPRESENTED EXECUTIVE MANAGEMENT (EM) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Section 1004 of the City Charter of the City of Santa Ana requires the City Manager to prepare, install and maintain a position classification and pay plan subject to civil service rules and regulations and the approval of the City Council. B. It is the City's practice to assign job titles that reflect the duties and responsibilities of the classification and are consistent with other classifications within the City's organizational structure, as well as comparable job titles in the labor market, while maintaining internal pay equity relationships and attracting and retaining qualified candidates. C. The City Council regularly amends the City's classification and compensation plan for all full-time and part-time classifications of officers and employees of the City of Santa Ana. D. It is now desired to amend the City's classification and compensation plan for classifications designated as EM as set forth in the attached Exhibit A and incorporated herein by reference. Specifically, the City Council desires to adjust the salary rate range of the Library Services Director. Section 2. The Santa Ana City Council amends the City's classification and compensation plan for classifications of employment designated as unrepresented (EM) by adjusting the salary rate range of the Library Services Director (EM) from ($12,444 - $14,311) to ($14,075 - $18,315). This salary change will apply retroactively starting January 14, 2024, which is the start date of the first full pay period in Calendar Year 2024. City Council 21 — 3 Resolution XX of 3 Section 3. The Santa Ana City Council amends the City's classification and compensation plan for Unrepresented EM as set forth in the attached Exhibit A incorporated by reference herein. Section 4. This resolution is to be operative from and after the date upon which it is adopted. ADOPTED this 6t" day of February, 2024. Valerie Amezcua Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: �aun-a, Laura A. Rossini Chief Assistant City Attorney — Employee Relations AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, JENNIFER L. HALL, City Clerk, do hereby attest to and certify the attached Resolution No. 2024-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on February 6, 2024. Date: Jennifer L. Hall City Clerk City of Santa Ana Res9f �Ai.n i 21 — 4 2/6/2024 9 Exhibits: A: Unrepresented Executive Management (EM) Classification and Compensation Plan Attachment 1: Unrepresented Executive Management (EM) Monthly Wage Rate Schedule Effective 1/14/2024. City Council 21 — 5 Resolution XX of 3 WA:11:1 k ref UNREPRESENTED EXECUTIVE MANAGEMENT (EM) CLASSIFICATION AND COMPENSATION PLAN EFFECTIVE JANUARY 14, 2024 Section 1. Executive Management (EM) Classification and Compensation Plan. A. Unrepresented Executive Management (EM) Classifications: Assistant City Manager (EM) Chief Technology Innovations Officer (EM) Library Services Director (EM) Executive Director of Community Development (EM) Executive Director of Finance and Management Services (EM) Executive Director of Human Resources (EM) Executive Director of Parks, Recreation and Community Services (EM) Executive Director of Planning and Building Safety (EM) Executive Director of Public Works (EM) Police Chief (EM) B. Schedule of Salaries. The Salary Ranges for classifications designated as Executive Management (EM), is attached hereto as "Attachment 1" and made a part hereof as though set forth in full herein. The salary within each salary range is shown in monthly amounts and identifies the minimum salary of the range up to the maximum salary of the range. C. Terminal Classifications. Should a classification be identified as a terminal classification, the capitalized letter "T" shown within parenthesis [i.e., (T)] next to a classification title signifies a position classification that has been designated as "terminal" by formal City Council action and, as such, will be deleted from the classification and compensation plan for Executive Management (EM) classifications of employment when vacated by its last remaining incumbent. No new appointment may be made to a classification that has been designated as terminal. Section 2. Special Pay Additives and Additional Compensation Provisions. A. Bilingual Skill Pay. Qualified employees who are assigned to positions involving the regular and frequent use of bilingual skill in both English and either Spanish, Vietnamese or any other language designated by the City Manager will be paid in the highest amount as available to represented management employees. Incumbents of positions where bilingual proficiency is essential to the performance of duties and responsibilities of a critical and/or emergency nature, or of positions where bilingual public contact is a major, essential or integral element of the work being performed, will be paid in the highest amount as available to represented management employees. B. Education Incentive Pay —Sworn Unrepresented Executive Management. Upon adoption of this resolution, employees of this unit currently appointed to a position on this City Council 21 — 6 2/6/2024 date defined as sworn Executive Management, will be afforded and/or subject to the same provisions and/or changes to the Education Incentives Levels 1-4 as sworn Police Management Association (PMA) provided in Section 6.2 A. of the Police Management Association Memorandum of Understanding. Section 3. Administration and Applicability of the Basic Classification and Compensation Plan for Classifications of Employment Designated as Unrepresented Executive Management (EM). A. Unless specified otherwise herein, Unrepresented Executive Management (EM) employees will be afforded, and/or subject to the same provisions and/or changes in compensation (excluding cost of living adjustments), fringe benefit plans and allowances, and leave provisions including but not limited to; sick, vacation, management vacation, floating holiday(s); bereavement leave; military leave; jury duty; witness leave; catastrophic, and industrial injury leave; City observed paid holidays and holiday closures; cash out provisions for: sick leave, vacation, management vacation, floating holiday, and city paid holidays; City's Section 125 Plan, group health, dental, term life, and long-term disability allowances and plans; wellness plan; technology stipend; auto allowance; access to participation in the City's voluntary benefit plans (e.g., vision, flexible spending accounts, supplement life insurance, and 457(b) deferred compensation plan); CalPERS Retirement System; Retirement Health Savings Plan (RHS) participation, including any employer contribution to the employee's individual RHS plan or the same employer contribution to an association's or union's retiree health savings or similar plan on behalf of the member; work week schedules, as provided in the highest amount available to any non -sworn represented employee's unit. B. Compensation Plan Implementation. Upon implementation of the Basic Classification and Compensation Plan set forth in Sub -section 1.13. of this Resolution Exhibit, a current incumbent of an Executive Management (EM) classification listed herein above will be placed at a monthly rate in the assigned salary range which matches the incumbent's current assigned base monthly salary on the day preceding the effective date of this Resolution. C. Hiring Pay Policy. A newly hired Executive Management (EM) employee may be appointed and compensated at any monthly salary rate within the assigned salary rate range for his/her job classification as authorized by the appointing authority. D. Rates of Pay for Temporary Part -Time Work. When an employee is hired on a temporary part-time basis in an Executive Management (EM) classification, which is defined as employment of twenty (20) hours or less per work week not exceed a period longer than one hundred eighty (180) calendar days or nine -hundred and sixty (960) hours in a fiscal year, the employee will be paid at a rate per hour as defined by law for actual time spent in the duties of his or her employment. Rate per hour will be computed to the nearest whole cent by dividing the monthly rate as defined by law by 173.33. A computation resulting in exactly one-half (1 /2) cent will fix the rate at the next higher whole cent. City Council 21 — 7 2/6/2024 E. Temporary Upgrade to an Executive Management (EM) Classification. Regular employees of the City who are incumbents of classes of employment not included in this resolution exhibit and who are temporarily upgraded into a higher classification for a limited duration to an Executive Management (EM) classification due to a current incumbent's leave of absence or out -of -class temporary appointment as defined in Section 3.1 below, shall receive a minimum five percent (5%) temporary upgrade pay as defined by CCR 571(a)(3) as "compensation to employees who are required by their employer or governing body to work in an upgraded position/classification of limited duration", and is intended to meet the definition of "Compensation Earnable" for Classic members of Ca1PERS as provided by the Public Employees' Retirement Law (PERL), and Government Code (G.C.) section 20636. F. Out -of -Class Appointment to an Executive Management (EM) Classification. Regular employees of the City who are incumbents of classes of employment not included in this resolution exhibit and who are appointed to an "out -of -class appointment" as defined in Gov. Code section 20480 of the Public Employees' Retirement Law (PERL) as, "an appointment to an upgraded position or higher classification by an employer or governing body in a vacant position for a limited duration not to exceed nine -hundred sixty (960) hours in a fiscal year". A "vacant position" refers to "a position that is vacant during recruitment for a permanent appointment". A vacant position does not refer to a position that is temporarily available due to another employee's leave of absence. Executive Management (EM) classification shall receive a minimum five percent (5%) temporary upgrade premium as defined by CCR 571(a)(3) as "compensation to employees who are required by their employer or governing body to work in an upgraded position/classification of limited duration", and is intended to meet the definition of "Compensation Earnable" for Classic members of CalPERS as provided by the Public Employees' Retirement Law (PERL), and Government Code (G.C.) section 20636. G. Reallocation of Salary Rate Ranges. When an employee is in an Executive Management (EM) classification which is reallocated from the current salary rate range to a different salary rate range, the employee will retain the same salary he or she held prior to the reallocation. Section 4. Health and Welfare Benefits. The following optional insurance benefits available to Executive Management (EM) employees are provided through the City's Section 125 Cafeteria Plan adopted in accordance with the provisions of Internal Revenue Code § 125. Under City Council Resolution No. 98-54, the City elected to be subject to the Public Employees' Medical & Hospital Care Act (PEMHCA) to provide medical insurance through Ca1PERS for Unrepresented Executive Management Classifications. The City's contribution for each employee meets the statutory minimum using the "Unequal Method" California Government Code § 22892(c) (AB-2544). City Council 21 — 8 2/6/2024 The City will contribute an allowance, which includes the PEMHCA statutory minimum towards the employee's cafeteria plan in the highest amount as available to any represented employees' unit covered under the PEMHCA plan. A. Medical insurance. Eligible Executive Management (EM) employees may choose from the eligible medical insurance plan options offered by CaIPERS. If an employee waives medical coverage, they must provide proof of current enrollment in a qualified non - City sponsored group health coverage plan. B. Dental insurance. Eligible Executive Management (EM) employees will have the ability to select either an HMO or PPO dental insurance plan. C. Vision insurance. Eligible Executive Management (EM) employees will have the ability to voluntarily select vision insurance coverage through the City's insurance provider. D. Cash -in -Lieu of Benefits. Executive Management (EM) employees will be eligible to receive cash (subject to taxation as wages) through the City's cafeteria plan if they either waive/opt-out of receiving group health and/or dental benefits after providing proof of other group medical and/or dental coverage under a spouse or registered domestic partner's non -City sponsored plan, or if the premium of the City medical and dental plans they elect do not cost as much as the maximum allowance they receive toward such benefits. E. Employee Contributions for Benefits. If an Executive Management (EM) employee chooses group or voluntary benefits whose aggregate premium cost exceeds the maximum City contributions to the cafeteria plan, the City will automatically deduct the excess premium amount on a pre-tax basis (through the City's Section 125 plan) from the employee's regular paycheck. F. Disability Insurance. The City will pay one hundred percent (100%) of the premium cost for a long-term disability insurance plan under the policy it maintains on behalf of its employees in order to provide Executive Management (EM) employees a monthly benefit plan as provided to the highest amount as available to any represented employees' unit covered by the City's plan. G. Life Insurance and Accidental Death & Personal Loss (AD&PL). The City will pay one hundred percent (100%) of the premium cost for term life and AD&PL insurance coverage under the policy it maintains on behalf of its employees in order to provide Executive Management (EM) employees with life and AD&PL insurance coverage in an amount equal to three times the employee's annual rate of salary to a maximum of $300,000, or the highest maximum amount as available to any represented employee unit, provided that Executive Management (EM) employees can provide evidence of insurability for coverage above the guaranteed amount, if so required by the terms and conditions of said term life and AD&PL insurance policy. City Council 21 — 9 2/6/2024 In the event an Executive Management (EM) employee is determined to be ineligible for the full benefit of said insurance coverage, the amount of life insurance will be equal the amount for which the employee is eligible for without having to provide evidence of insurability. Section 5. Leave Accruals and Cash -Out Provisions. Unless otherwise provided, the highest leave accrual, maximum accrual, and cash -out provisions provided to any represented employee's unit, will also be offered to the classifications listed in this resolution exhibit including but not limited to; paid holidays, floating holidays, holiday closures, vacation, "must -use" vacation, and management vacation. A. Management Vacation Leave. Executive Management (EM) employees listed in this Resolution Exhibit meet the definition of "exempt" under Section 13(a)(1) of the Fair Labor Standards Act (FLSA). 1. Executive Management (EM) employees will be granted one hundred (100) hours of management vacation per calendar year in addition to regular vacation accrual provisions applicable to represented employees of the City. 2. The City Manager is authorized to grant, at his or her discretion, additional management vacation leave hours per calendar year. B. Vacation and Sick Leave Credits for New Hires. The City Manager is authorized to grant a newly appointed Executive Management (EM) employee vacation and sick leave credits up to an amount equal to any earned but unused vacation or sick leave credits available to such appointee at the time of his or her separation from his or her most recent previous employer. C. Vacation Leave Rate of Accrual. The City Manager is authorized to provide longevity credits towards the rate of vacation hours' accrual for a newly appointed Executive Management (EM) employee. The longevity credit can only be used for the purpose of rate of vacation accrual. D. Paid or unpaid Administrative Leave Policy. The City Manager is authorized to grant, at his or her discretion, a paid or unpaid leave of absence for Executive Management (EM) employees. Section 6. Retirement Plan Contributions. A. The terms of the existing contract between the City and California Public Employees' Retirement System (CaIPERS) governing the City retirement benefits of Executive Management (EM) employees covered by this Resolution are incorporated by City Council 21 — 10 2/6/2024 reference herein. The City will make contributions to CalPERS in accordance with its contract with CalPERS for employees covered by said contract as amended. B. The California Public Employees' Pension Reform Act (PEPRA) went into effect on January 1, 2013. Based on consideration of various eligibility factors, PEPRA defines each employee as either a "classic" or "new" member of CalPERS. C. 2.7% at 55 Service Retirement Benefit for Classic Miscellaneous Members. The City agrees to provide Executive Management (EM) employees covered by this Resolution, and who are defined as Classic Miscellaneous Members under the California Public Employees' Pension Reform Act (PEPRA) of 2013 (AB340), with the 2.7% at 55 Service Retirement benefit. D. Payment of 2.7% at 55 Service Retirement Benefit. Classic Miscellaneous Executive Management (EM) employees covered by this Resolution will contribute eight percent (8%) of CaIPERS reportable compensation toward the employer cost of the 2.7% at 55 enhanced retirement formula. This payment will be implemented as cost -sharing pursuant to Government Code Section 20516(f). 1. Pre -Taxable Benefit. To the extent permitted by CalPERS and Internal Revenue Service regulations, this eight percent (8%) employee contribution will be implemented through payroll deductions on a pre-tax basis. E. 2.0% at 62 Service Retirement Benefit for New Miscellaneous Members. The City agrees to provide Executive Management (EM) employees covered by this Resolution who were appointed to their classification on or after January 1, 2013, and who are defined as new members under the California Public Employees' Pension Reform Act (PEPRA) of 2013 (AB340), with the 2.0% at 62 Service Retirement benefit. F. Payment of 2.0% at 62 Service Retirement Benefit. Executive Management (EM) employees defined in 6.E. (above) will contribute at least 50% of normal cost of the 2.0% at 62 retirement benefit. 1. Pre -Taxable Benefit. To the extent permitted by CaIPERS and Internal Revenue Service regulations, the City will make the above employee deductions pre-tax contributions. G. 3% at 50 Service Retirement Benefit for Classic Safety Members. The City agrees to provide Executive Management (EM) employees covered by this Resolution, and who are defined as Classic Safety Members under the California Public Employees' Pension Reform Act (PEPRA) of 2013 (AB340), with the 3% at 50 Service Retirement benefit. H. Payment of 3.0% at 50 Service Retirement Benefit. Classic Safety Executive Management (EM) employees defined in 6.G. (above) will contribute nine percent (9%) of CaIPERS reportable compensation toward the employer cost of the 3.0% at 50 enhanced retirement formula. This payment will be implemented as cost -sharing pursuant to Government Code Section 20516(f). City Council 21 —11 2/6/2024 1. Pre -Taxable Benefit. To the extent permitted by Ca1PERS and Internal Revenue Service regulations, this nine percent (9%) employee contribution will be implemented through payroll deduction on a pre-tax basis. I. 2.7% (d). 57 Retirement Benefit for New Safety Members. The City agrees to provide Executive Management (EM) employees covered by this Resolution who were appointed to their classification on or after January 1, 2013, and who are defined as new members under the California Public Employees' Pension Reform Act (PEPRA) of 2013 (AB340), with the 2.7% @ 57 Service Retirement benefit. J. Payment of 2.7% at 57 Service Retirement Benefit. Executive Management (EM) employees defined in 6.1. (above) will contribute at least 50% of normal cost of the 2.7% at 57 retirement benefit. 1. Pre -Taxable Benefit. To the extent permitted by CaIPERS and Internal Revenue Service regulations, the City will make the above employee deductions pre-tax contributions. K. Final Compensation for Pension Calculation. Final compensation for Classic Safety and Classic Miscellaneous Members will be based on the highest annual average compensation earnable during the 12 consecutive months immediately preceding the effective date of his or her retirement, or some other 12 consecutive month period designated by the member. Final compensation for Safety and Miscellaneous Members who are defined as New Members under PEPRA will be based on the highest annual average compensation earnable during the 36 consecutive months immediately preceding the effective date of his or her retirement, or some other 36 consecutive month period designated by the member. L. Deferred Retirement for Classic Safety and Classic Miscellaneous Members as defined in Section D and H (above). The City will continue to make payments to Ca1PERS on behalf of each eligible affected employee in an amount necessary to pay one hundred percent (100%) of each employee's member contribution and report it to Ca1PERS as special compensation [Government Code §20636(C)(4)]. This contribution is known as Employer Paid Member Contribution (EPMC), which is equal to eight percent (8%) of reportable compensation for Classic Miscellaneous Members and nine percent (9%) for Classic Safety Members. Such payments will be credited to the individual employee's CalPERS account. Such payments are not an increase in base salary and no salary rate range applicable to any of the employees covered by this Resolution will be changed or deemed to have been changed by reason thereof. As a result, the City will not treat these payments as ordinary income and thus will not withhold federal or state income tax from said payments. The City previously received a ruling from the Internal Revenue Service confirming that such payments are deferred compensation and not ordinary income. In the event that the City City Council 21 —12 2/6/2024 receives a new ruling from the Internal Revenue Service that such payments are ordinary income of the employees instead of deferred compensation, the City's obligation to make such payments will discontinue and in place thereof the reportable compensation of each Classic Miscellaneous Member eligible for the 2.7% at 55 Benefits Formula will be increased by eight percent (8%) and each Classic Safety Member eligible for the 3% at 50 Benefits Formula will be increased by nine percent (9%). For the purpose of reporting an employee's compensation to CalPERS, the City will include these payments as if they were a part of the employee's reportable compensation. Section 7. Tuition Reimbursement. Executive Management (EM) employees are eligible to participate in the Training and Education Assistance Program provided for all regular, full-time employees of the City. Reimbursement will be based on the cost of tuition, required enrollment/registration fees, miscellaneous fees (health, parking, student union fees, etc.) and all required texts, eBooks and related material for each course. Maximum tuition reimbursement will be paid in the highest amount as available to other represented employees. Section 8. Retirement Health Savinas (RHS) Plan. A. Employees participate in the "Vantage Care" Retirement Health Savings Plan (RHS), which designated ICMA-RC as the administrator of the plan. The City shall make contributions into the individual accounts of Executive Management (EM) employees as provided to the highest represented non -sworn employees' unit. 1. Executive Management (EM) employees will contribute one and one - quarter percent (1.25%) of base pay into his/her individual RHS account each pay period. 2. Executive Management (EM) employees shall have the option to amend the current Executive Management plan design by mutual agreement of the majority within in the City's agreement with ICMA-RC. Section 9. Auto Allowance. With the exception of the Police Chief who receives a City vehicle, the City will contribute five hundred dollars ($500) per month to each Executive Management (EM) employee to offset reasonable and necessary expenses for the operation, maintenance and insuring of an automobile. In lieu of receiving five hundred dollars ($500) per month, the employee may request and be provided with an optional vehicle. Section 10. Deferred Compensation. The City has established and maintains a deferred compensation plan pursuant to the provisions of Section 457(b) of the Internal Revenue Code. Executive Management (EM) employees covered under this resolution, at his or her sole discretion, may defer to have deposited into the City's 457(b) plan a portion of his or her compensation up to the maximum amount permitted by law. As permissible by law if the City is desirous of establishing a 401(a) deferred compensation plan at a future date, Executive Management (EM) employees covered under this resolution, at his or her sole discretion, may elect to participate into said 401(a) City Council 21 — 13 2/6/2024 plan upon its establishment, and defer a portion of his or her compensation up to the maximum amount permitted by law. All contributions into the 457(b) and 401(a) plan are voluntary employee contributions and will meet the requirements of the Internal Revenue Code. Section 11. Executive Management (EM) Compensation Determination and Performance -Based Evaluation System. The provisions of the unrepresented Executive Management (EM) compensation determination and performance -based evaluation system are as follows: A. Specific Compensation Determination. 1. The City Manager is hereby given the authority to set the individual compensation, to make adjustments thereto and to make appointments at any salary within the established rate range for all executive positions for which the City Manager is the appointing authority. 2. The City Manager may establish performance criteria and appraisal guidelines to be utilized in determining individual compensation for Executive Management (EM) employees. 3. After the salary of an employee has been first established and fixed under this plan, salary advancement through the salary range will be at the discretion of the City Manager. B. Performance -Based Evaluation Purpose. The basic purpose of the performance - based evaluation system is to help attract, retain and motivate highly competent Executive Managers and to provide them with a strong incentive to excel. 1. Evaluation System Components. The evaluation system will be comprised of the following components: 2. Objectives. The system will include a list of outcome -based, measurable objectives to be achieved which have been mutually agreed upon between the City Manager or authorized appointing authority and each individual EM employee. 3. Managerial Behaviors. In addition to his or her performance in achieving agreed upon objectives, each Executive Manager will also be evaluated for his or her managerial behavior performance, including such behavior as communication (oral or written), analysis and problem solving, decision -making and judgment, planning and organization, management control, leadership, interpersonal relations, time - management, technical knowledge, handling of stress, etc. C. Performance Evaluation Guidelines. City Council 21 — 14 2/6/2024 1. The City Manager will evaluate the performance of each of his or her Executive Management (EM) employees to determine their individual eligibility for a performance increase and how much, if any, increase will be given, but such increase cannot exceed the salary range maximum assigned. Such performance evaluation will be for a determined period preceding the date of the performance evaluation. 2. Performance Ratings. Each Executive Manager's performance in relation to his or her agreed upon objectives and managerial behaviors will be evaluated for an identified period according to the following performance rating scale: Point Rating Performance Levels 3 Significantly Exceeds Expectations: Consistently exceeds all objectives requirements and expectations by a wide margin. 2 Exceeds Expectations: Consistently meets all objectives and requirements and exceeds several. 1 Meets Expectations: Meets objectives and requirements. 3. Performance -Based Incentive Pay Bonus. At the discretion of the City Manager, each Executive Management (EM) employee who has achieved and maintained the maximum salary of their classification salary range for one (1) full year, may be eligible to receive a lump sum performance -based incentive pay bonus for extremely meritorious performance outside their regular job responsibilities. The calculation of the incentive pay bonus will be based on a percentage of current annual rate of base salary for the identified period in which the compensation was earned, in accordance with the following: a. For overall performance rated as "Extremely Meritorious Performance," an incentive pay bonus up to, but not to exceed seven and one-half percent (7.5%) in toto. D. Application of Guidelines. 1. The incentive pay bonus granted under this plan is not an increase in base salary and no salary range applicable to any Executive Management employee covered by this Resolution will be changed or deemed to have been changed by reason of such incentive pay. City Council 21 — 15 2/6/2024 2. The lump sum incentive pay bonus defined for overall Extremely Meritorious Performance listed above in Section C.3. (a) is not intended to meet the definition of Special Compensation under Government Code Section 20636 (c) (1-7). 3. The City Manager will be responsible for the development and administration of detailed administrative procedures and guidelines for the consistent and effective application of the Unrepresented Executive Management (EM) performance - based evaluation system. Such procedures and guidelines will define how performance objectives, measures and standards are developed; when and how performance reviews are to be carried out; how performance component ratings and composite ratings will be scored; and how performance incentive pay bonuses are to be exercised. Section 12. Miscellaneous Provisions A. Catastrophic Leave Donation. Executive Management (EM) employees will be eligible to donate and receive catastrophic leave donations as provided to all other represented employees. B. Technology Device Stipend. Executive Management (EM) employees who use their own personal electronic devices for City business in lieu of receiving a City owned device will be eligible to receive a stipend at a level matching that provided to all other represented employees. D. At -Will Employment Relationship. With the exception of the Police Chief, classifications listed in Section 1. A. are defined as not excepted by the Civil Service System as defined in Section 1002 of the City of Santa Ana Code of Ordinance, Charter Article X — Civil Service and are considered to be employed "at -will" as defined by the California Labor Code section 2922. Employees appointed by, and serves the pleasure of, the City Manager. Nothing in this Resolution Exhibit shall prevent, limit, or otherwise interfere with the right of the City Manager to terminate employment of an employee at any time, with or without cause. City Council 21 — 16 2/6/2024 ATTACHMENT 1 UNREPRESENTED EXECUTIVE MANAGEMENT (EM) MONTHLY WAGE RATE SCHEDULE EFFECTIVE JANUARY 14, 2024 JOB TITLE JOB CODE MINIMUM MAXIMUM Assistant City Manager (EM) 00090 17,581 23,245 Chief Technology Innovations Officer (EM) 01701 14,075 18,315 Executive Director of Community Development (EM) 02870 14,075 18,315 Executive Director of Finance and Management Services (EM) 01190 14,075 18,315 Executive Director of Human Resources (EM) 01830 14,075 18,315 Executive Director of Parks, Recreation, and Community Services (EM) 05400 14,075 18,315 Executive Director of Planning and Building Safety (EM) 02490 15,537 20,218 Executive Director of Public Works (EM) 02170 15,537 20,218 Library Services Director (EM) 01561 14,075 18,315 Police Chief (EM) 03390 17,581 23,245 City Council 21 — 17 2/6/2024 Planning and Building Agency santa-ana.org/departments/planning-and-building Item # 22 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report February 6, 2024 TOPIC: Vista Heritage Charter School AGENDA TITLE Amendment Application No. 2023-04 and Zoning Ordinance Amendment No. 2023-03 for the Expansion of Vista Heritage Charter School Located at 601 North Fairview Street (Second Reading) Legal notice published in the OC Reporter on January 19, 2024. RECOMMENDED ACTION 1. Conduct a second reading and adopt an ordinance approving Amendment Application (Zone Change) No. 2023-04. ORDINANCE NO. NS-3055 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 2023- 04 AMENDING THE ZONING FOR THE PROPERTY LOCATED AT 601 NORTH FAIRVIEW STREET (APN: 405-241-04) FROM LIGHT INDUSTRIAL (M1) TO SPECIFIC DEVELOPMENT NO. 82 (SD-82) 2. Conduct a second reading and adopt an ordinance approving Zoning Ordinance Amendment (ZOA) No. 2023-03 as conditioned. ORDINANCE NO. NS-3056 entitled ZONING ORDINANCE AMENDMENT NO. 2023-03 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SPECIFIC DEVELOPMENT NO. 82 (SD-82) TO EXPAND THE BOUNDARIES OF THE SD-82 AND TO AMEND VARIOUS SECTIONS OF THE SD-82 TO ALLOW FOR THE CREATION OF THREE (3) LAND USE ZONES, NEW PERMITTED USES AND ANCILLARY USES, AND ADMINISTRATIVE REQUIREMENTS FOR PROPERTY MAINTENANCE, COVENANTS, CONDITIONS AND RESTRICTIONS (CC&RS) AND RECIPROCAL PARKING AND ACCESS AGREEMENTS City Council 22 — 1 2/6/2024 Vista Heritage Charter School February 6, 2024 Page 2 3. Determine that adoption of these ordinances is exempt from further review under the California Environmental Quality Act (CEQA) pursuant to sections 15301 and 15183 of the CEQA guidelines. GOVERNMENT CODE 484308 APPLIES Yes DISCUSSION At its January 16, 2024 regular meeting, the City Council held a public hearing and considered the staff report, recommendations by staff, and public testimony concerning two ordinances for the project located at 601 North Fairview Street. The two ordinances include: 1. Amendment Application No. 2023-04 (AA No. 2023-04), and 2. Zoning Ordinance Amendment No. 2023-03 (ZOA No. 2023-03) The City Council approved the first reading of AA No. 2023-04 and ZOA No. 2023-03 as presented by staff. To date, the proposed project has generated a total of 156 temporary employment opportunities, including environmental engineers, environmental remediation technicians, demolition crew, architects, engineers, development consultants, and an attorney. Additionally, the new administrative office will create ten permanent employment positions. Moreover, the applicant will pay approximately $46,235 in entitlement, plan check, and permit fees. ENVIRONMENTAL IMPACT Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review per Section 15301 Existing Facilities (Class 1 — Existing Facilities) of the CEQA Guidelines and per Section 15183 (Projects Consistent with a Community Plan, General Plan, or Zoning) of the CEQA Guidelines. Class 1 exemption applies to the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use as determined by the lead agency. The subject project is proposing the change of use of an existing industrial building that was previously used for an auto repair business to be used for administrative office purposes. Additionally, the project is exempt from further review per Section 15183 (Projects Consistent with a Community Plan, General Plan, or Zoning) of the CEQA Guidelines. The environmental review contained in Exhibit 7 has been prepared, and peer reviewed by a qualified CEQA consultant hired by the City, to assess the potential for the proposed project to result in environmental effects and whether the proposed project qualified for an exemption under Section 15183 of the CEQA Guidelines. Moreover, the analysis evaluated whether the potential environmental impacts are addressed in the City of Santa Ana General Plan Update Final Recirculated Program Environmental City Council 22 — 2 2/6/2024 Vista Heritage Charter School February 6, 2024 Page 3 Impact Report (GPU EIR). Specifically, the analysis evaluates the change of use of the existing 5,837-square-foot building from auto -repair to administrative office and site improvements that include new landscaping, fagade remodel, and new outdoor areas for the office and the school. CEQA Guidelines Section 15183 allows a streamlined environmental review process for projects that are consistent with the densities established by existing zoning, community plan, or general plan policies for which an EIR was certified and does not require additional environmental review, except as might be necessary to examine whether there are project -specific significant effects which are peculiar to the project or its site. Moreover, projects that are consistent with the densities and use characteristics considered by the GPU EIR may qualify for the CEQA Guidelines Section 15183 Exemption process. This exemption process may be used when a project meets the following conditions: a) The project is consistent with the development density established by existing zoning, community plan, or general plan policies for which an EIR was certified b) There are no project specific effects which are peculiar to the project or its site. c) There are no project specific impacts which the prior EIR failed to analyze as significant effects. d) There are no potentially significant off -site and/or cumulative impacts which the prior EIR failed to evaluate. e) There is no substantial new information which results in more severe impacts than anticipated by the prior EIR. The GPU was adopted, and the GPU EIR certified, in April 2022 (State Clearinghouse Number 2020029087); the GPU went into effect on May 26, 2022. Any decision by the City affecting land use and development must be consistent with the GPU. The GPU EIR evaluates the potential environmental effects associated with implementation of the GPU and addresses appropriate and feasible mitigation measures that would minimize or eliminate these impacts. Pursuant to Section 15183(i)(2) of the CEQA Guidelines, a project is consistent with the GPU if the development density does not exceed what was contemplated and analyzed for the parcel(s) in the certified GPU EIR and complies with the associated standards applicable to that development density. Development density standards can include the number of dwelling units per acre, the number of people in a given area, floor area ratio (FAR), and other measures of building intensity, building height, size limitations, and use restrictions. The GPU identifies that the Interim Development Standard for the FLEX-1.5 area are those development standards outlined for the M1 zoning designation. The M1 zone provides for a variety of light industrial uses, including warehousing, manufacture, assembly, machine shops, wholesale businesses and ancillary uses such as office uses that do not exceed 30% of the gross floor area. The Project would result in a FAR of 0.14, which is within the projections of the GPU EIR, which evaluated a density of 1.5 City Council 22 — 3 2/6/2024 Vista Heritage Charter School February 6, 2024 Page 4 FAR on the site. The GPU EIR adequately anticipated and analyzed the impacts of this Project, identified applicable mitigation measures necessary to reduce impacts of the Project, and the Project implements the applicable mitigation measures. The Project, therefore, qualifies for an exemption from additional environmental review as set forth in State CEQA Guidelines Section 15183. The full exemption analysis is provided as Exhibit 7 of this report. Based on this analysis, a Notice of Exemption, Environmental Review No. 2023-40 will be filed for this project. FISCAL IMPACT There is no fiscal impact associated with this action. EXHIBIT(S) 1. Amendment Application Ordinance 2. Zoning Ordinance Amendment Ordinance 3. January 16, 2024 City Council Meeting Link Submitted By: Minh Thai, Executive Director of the Planning and Building Agency Approved By: Tom Hatch, Interim City Manager City Council 22 — 4 2/6/2024 ORDINANCE NO. NS-XXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 2023-04 AMENDING THE ZONING FOR THE PROPERTY LOCATED AT 601 NORTH FAIRVIEW STREET (APN: 405-241-04) FROM LIGHT INDUSTRIAL (M1) TO SPECIFIC DEVELOPMENT NO. 82 (SD-82) THE CITY COUNCIL OF THE CITY OF SANTA ANA HEREBY ORDAINS AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Red Hook Capital Partners, LLC with Vista Heritage Charter Schools ("Applicant") representing 2609 W. 5th Street LLC (Property Owner) is requesting approval of Amendment Application (AA) No. 2023-04 to change the zoning designation of the property located at 601 North Fairview Street (APN: 405-241-04) from Light Industrial (M1) to Specific Development No. 82 (SD-82) in order to facilitate the change of use of an existing auto -repair business to an administrative office. B. Chapter 41, Article I, Division 1, Section 41-1 of the Santa Ana Municipal Code establishes that because of the necessity of segregating the location of residences, businesses, trades and industries; regulating the use of buildings, structures, and land; and regulating the location, height, bulk and size of buildings and structures, the size of yards and open spaces, the City is divided into land -use districts of such number, shape and area as may be considered best suited to carry out these regulations and provide for their enforcement. The regulations are considered necessary in order to: encourage the most appropriate use of land, conserve and stabilize property value, provide adequate open spaces for light and air and to prevent and fight fires, prevent undue concentration of population, lessen congestion on streets and highways, and promote the health, safety and general welfare of the people, all as part of the general plan of the City. The City of Santa Ana has adopted a zoning map which has since been amended from time to time. C. On April 19, 2022, the City adopted the General Plan Update and it went into effect on May 26, 2022. The approval of the subject project is consistent with the Industrial/Flex-Low (Flex-1.5) General Plan land use designation and the designated West Santa Ana Boulevard Focus Area. The Flex-1.5 land use designation encourage a myriad of industrial uses that do not produce significant air pollutants including office -industrial flex spaces, small-scale clean manufacturing, among other uses. The proposed zoning amendment advances the vision for the subject site's General Plan Focus Ordinance No. NS-XXXX City Council 22 — 5 2/6/ of 7 Area and will bring the site into alignment and compliance with the General Plan through reducing and eliminating traditional heavy industrial and noxious uses currently allowable on the properties. Furthermore, the West Santa Ana Boulevard Focus Area envisions a mixed -use corridor with a goal of transitioning out existing auto -oriented and traditional industrial uses to clean manufacturing and research and development uses, and live -work maker spaces that are compatible and can coexist with residential and other sensitive land uses such as schools, churches, and recreation facilities. In addition, the focus area would transition the auto -oriented neighborhoods and institutions into a series of transit -oriented neighborhoods that support and benefit from future streetcar stops. In order to accomplish the goals of the General Plan, the focus area promotes infill development while respecting established neighborhoods and providing buffers from industrial to residential neighborhoods. The proposed project will create a buffer from industrial uses to residential by changing the use of an auto -repair building into an office space. Additionally, the proposed project proposes landscape improvements and a community garden that will further act as buffers and accomplish the goals of the General Plan. D. The entire Project as currently proposed entails, among other things, (1) Approval of Amendment Application No. 2023-07 to change the site's zoning designation from Light Industrial (M1) to Specific Development No. 82 (SD-82) and (2) approval of Zoning Ordinance Amendment No. 2023-03 to expand the boundaries of SD-82 and to allow for Administrative Offices as a permitted use on Parcel 4, and an Outdoor Play Area in Parcel 2 ancillary to the Vista Heritage Charter School. E. The Applicant has demonstrated compliance with all requirements of the Sunshine Ordinance codified at Santa Ana Municipal Code Section 2-153, including public notification and hosting of required community meetings. Materials resulting from the meetings were subsequently posted to the City's webpage for the project. F. On December 11, 2023, the Planning Commission held a duly noticed public hearing and voted to recommend that the City Council adopt an ordinance approving Amendment Application No. 2023-04. G. On January 16, 2024, the City Council held a duly noticed public hearing and voted to recommend that the City Council adopt an ordinance approving Amendment Application No. 2023-04. H. For the reasons contained herein, and each of them, Amendment Application No. 2023-04 is hereby found and determined to be consistent with the intent and purpose of Chapter 41 of the Santa Ana Municipal Code; thus, changing the zoning district is found to be consistent with the General Plan of the City of Santa Ana and otherwise justified by the public necessity, convenience, and general welfare. Ordinance No. NS-XXXX City Council 22 — 6 2/6/ of 7 Section 2. The Amendment Application consists of amendments to the Zoning Map, as shown in Exhibit A, attached hereto and incorporated herein by reference. Section 3. The City Council has reviewed and considered the information contained in the analysis performed pursuant to the California Environmental Quality Act (CEQA) (Environmental Review No. 2023-40). In accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is categorically exempt from further review per Section 15301 (Class 1 — Existing Facilities) of the CEQA Guidelines. Class 1 exemption applies to the operation, repair maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. The subject project is proposing the change of use of an existing industrial building that was previously used for an auto repair business to be used for administrative office purposes. Additionally, the project is exempt from further review pursuant to Public Resources Code section 21083.3 and CEQA Guidelines Section 15183, the Project is exempt from further review. This type of exemption analysis evaluates whether the potential environmental impacts of the proposed change of use for the existing 5,837-square-foot building from auto -repair to administrative office and site improvements that include new landscape, fagade remodel, and new outdoor areas for the office and the school are addressed in the City of Santa Ana General Plan Update Final Recirculated Program Environmental Impact Report (GPU EIR). A rezoning that is consistent with an adopted general plan falls within this exemption. (A) As set forth in CEQA Guidelines Section 15183(a), projects that are "consistent with the development density established by the existing zoning, community plan or general plan policies for which an EIR was certified shall not require additional environmental review, except as might be necessary to examine whether there are project -specific significant effects which are peculiar to the project or its site." The CEQA Guidelines further state that "[i]f an impact is not peculiar to the parcel or to the project, has been addressed as a significant effect in the prior EIR, or can be substantially mitigated by the imposition of uniformly applied development policies or standards ... then an additional EIR need not be prepared for the project solely on the basis of that impact." CEQA Guidelines Section 15183(c). (B) The GPU was adopted, and the GPU EIR certified, in April 2022 (State Clearinghouse Number 2020029087); the GPU went into effect on May 26, 2022. Any decision by the City affecting land use and development must be consistent with the GPU. The GPU EIR evaluates the potential environmental effects associated with implementation of the GPU and addresses appropriate and feasible mitigation measures that would minimize or eliminate these impacts. A project is consistent with the GPU if its development density is the same or less than the standard expressed for the involved parcel in the general plan for which an EIR has been certified, and the project complies with the density -related standards contained in that plan. CEQA Guidelines section 15183(i)(2). Development density standards can include the number of dwelling units per acre, the number of people in a given area, floor area ratio (FAR), and other measures of building intensity, building height, size limitations, and use restrictions. Ordinance No. NS-XXXX of 7 City Council 22 — 7 2/6/ (C) The GPU identifies that the Interim Development Standard for the FLEX-1.5 area is M1. The M1 zone provides for a variety of light industrial uses, including warehousing, manufacture, assembly, machine shops, wholesale businesses and ancillary uses such as office uses that do not exceed thirty (30) percent of the gross floor area. The Project would result in a FAR of 0.14, which is within the projections of the GPU EIR, which evaluated a density of 1.5 FAR on the site. The GPU EIR adequately anticipated and analyzed the impacts of this Project and identified applicable mitigation measures necessary to reduce impacts of the Project, and the Project implements the applicable mitigation measures. (D) Specifically, the Project qualifies for the exemption because the following findings can be made: The Project is consistent with the development density established by existing zoning, community plan or general plan policies for which an EIR was certified. The Project would result in a FAR of 0.14, which is less than the maximum FAR of 1.5 allowable in the FLEX-1.5 designated area, which is the development density established by the GPU and analyzed in the GPU EIR. The Project site has an Interim Development Standard of M-1 (light Industrial zone). The M-1 zone does not have density requirements. 2. There are no Project specific effects which are peculiar to the Project or its site, and which the GPU EIR failed to analyze as significant effects. The subject property is similar to other properties in the area, including its land use designation and zoning. The property does not support any peculiar environmental features, and the Project would not result in any peculiar effects. In addition, as explained further in the prepared Exemption Checklist, project impacts were adequately analyzed by the GPU EIR; and as detailed in the GPU EIR, development projects pursuant to the GPU, such as the proposed Project, could result in potentially significant impacts to air quality, greenhouse gas emissions, and noise. However, applicable mitigation measures specified within the GPU EIR would reduce potential impacts to a less than significant level. 3. There are no potentially significant off -site and/or cumulative impacts which the GPU EIR failed to evaluate. The Project is consistent with the density and use characteristics of the development considered by the GPU EIR and would represent a small part of the growth that was forecast for build -out of the GPU. The GPU EIR considered the incremental impacts of the Project, and as explained further in the prepared Exemption Checklist, no potentially significant off -site or cumulative impacts have been identified which were not previously evaluated. 4. There is no substantial new information which results in more severe impacts than anticipated by the GPU EIR. As explained in the prepared Exemption Checklist, no new information has been identified which would result in a determination of a more severe impact than what had been anticipated by the GPU EIR. 5. As explained in the prepared Exemption Checklist, the Project will undertake feasible mitigation measures specified in the GPU EIR. These GPU EIR mitigation Ordinance No. NS-XXXX City Council 22 — 8 2/6/ 4 of 7 measures will be undertaken through Project design, compliance with regulations and ordinances, and through the Project's conditions of approval. (E) The Project therefore qualifies for an exemption from additional environmental review as set forth in Public Resources Code section 21083.3 and CEQA Guidelines Section 15183. The full exemption analysis is provided in Exhibit 7 of the staff report accompanying this Ordinance. Based on this analysis, a Notice of Exemption, Environmental Review No. 2023-40 will be filed for this project. Section 4. An amended Sectional District Map, showing the above described changes in use district designation, is hereby approved and attached hereto as Exhibit A, and incorporated by this reference as though fully set forth herein. Section 5. The City Council of the City of Santa Ana, after conducting the public hearing, hereby approves Amendment Application No. 2023-04. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Planning Commission Action dated December 11, 2023 and exhibits attached hereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. Section 6. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 7. This Ordinance shall become effective thirty (30) days after its adoption. Section 8. The Clerk of the Council shall certify the adoption of this ordinance and shall cause the same to be published as required by law. [Signatures on the following page] Ordinance No. NS-XXXX City Council 22 — 9 2/67kmof 7 ADOPTED this day of , 2024. Valerie Amezcua Mayor APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: el. J se Montoya Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Ordinance No. NS-XXXX City Council 22 — 10 2/6/ of 7 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Jennifer L. Hall, City Clerk, do hereby attest to and certify the attached Ordinance No. NS- XXXX to be the original ordinance adopted by the City Council of the City of Santa Ana on , 2024 and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: City Clerk City of Santa Ana Ordinance No. NS-XXXX City Council 22 —11 2/67mlof 7 ORDINANCE NO. NS-XXXX ZONING ORDINANCE AMENDMENT NO. 2023-03 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SPECIFIC DEVELOPMENT NO. 82 (SD-82) TO EXPAND THE BOUNDARIES OF THE SD-82 AND TO AMEND VARIOUS SECTIONS OF THE SD-82 TO ALLOW FOR THE CREATION OF THREE (3) LAND USE ZONES, NEW PERMITTED USES AND ANCILLARY USES, AND ADMINISTRATIVE REQUIREMENTS FOR PROPERTY MAINTENANCE, COVENANTS, CONDITIONS AND RESTRICTIONS (CC&RS) AND RECIPROCAL PARKING AND ACCESS AGREEMENTS THE CITY COUNCIL OF THE CITY OF SANTA ANA HEREBY ORDAINS AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. On October 20, 2008, the City Council adopted Ordinance No. NS-2777, rezoning the property located at 2501 West Fifth Street, described as Parcels 1 and 2 of Parcel Map No. 84-886, as shown on a map filed in Book 198, Pages 19-20 of Parcels Maps in the Office of the County Recorder of Orange County, California, from Light Industrial (M-1) to Specific Development Plan No. 82 (SD-82). B. On January 21, 2020, the City Council adopted Ordinance No. NS-2983, to amend the Santa Ana Municipal Code (SAMC) to include a definition of "schools"; allow schools as a permitted use in SD-82; to adopt a set of operational standards for schools within SD-82; allow Vista Heritage Charter School to expand to 66,000 square feet in size; and allow Vista Heritage Charter School to expand the student enrollment to 870 students. C. The proposed Project would only affect Parcel 1, 2, and 4, of Parcel Map No. 84-886, as shown on a Map filed in Book 198, Pages 19-20 of Parcel Maps in the Office of the County Recorder of Orange County, California. D. The proposed Project entails, among other things, (1) Approval of Amendment Application No. 2023-04 to change the zoning designation for the property located at 601 North Fairview Street (APN: 405-241-04) from Light Industrial (M1) to Specific Development No. 82 (SD-82); and (2) approval of Zoning Ordinance Amendment No. 2023-03 to expand the boundaries of SD-82 and to allow for Administrative Offices, Surface Parking, and Private Outdoor Community Areas as a permitted use on Parcel 4, and Outdoor Play Area on Parcel 2, ancillary to the Vista Heritage Charter School. Parcel 2 and 4 are as shown on Parcel Map No. 84-886, as Ordinance No. NS-XXXX City Council 22 — 13 6 4 shown on a Map filed in Book 198, Pages 19-20 of Parcel Maps in the Office of the County Recorder of Orange County, California. E. The approval of the text amendments, permissible uses, and development standards are consistent with the General Plan land use designation of Industrial/Flex-1.5 (Flex 1.5) and the designated West Santa Ana Boulevard Focus Area. On April 19, 2022, the City adopted the General Plan Update which went into effect on May 26, 2022. The Flex-1.5 land use designation encourages industrial uses that do not produce significant air pollutants including office -industrial flex spaces, small-scale clean manufacturing, among other uses. The proposed zoning amendment advances the vision for the subject site's General Plan Focus Area and will bring the site into alignment and compliance with the General Plan through reducing and eliminating traditional heavy industrial and noxious uses currently allowable on the properties. Furthermore, the West Santa Ana Boulevard Focus Area envisions a mixed -use corridor with a goal of transitioning out existing auto - oriented and traditional industrial uses to clean manufacturing and research and development uses, and live -work maker spaces that are compatible and can coexist with residential and other sensitive land uses such as schools, churches, and recreation facilities. In addition, the focus area would transition a group of auto -oriented neighborhoods and institutions into a series of transit -oriented neighborhoods that support and benefit from future streetcar stops. In order to accomplish the goals of the General Plan, the focus area promotes infill development while respecting established neighborhoods and providing buffers from industrial to residential neighborhoods. The proposed project will create a buffer from industrial uses to residential by changing the use of an auto -repair building into an office space. Additionally, the proposed project proposes landscape improvements and a community garden that will further act as buffers and accomplish the goals of the General Plan. F. The applicant has demonstrated compliance with all requirements of the Sunshine Ordinance codified at SAMC Section 2-153, including public notification and hosting of required community meetings. Materials resulting from the meetings were subsequently posted to the City's webpage for the project. G. On December 11, 2023, the Planning Commission held a duly noticed public hearing and voted to recommend that the City Council adopt an ordinance approving Zoning Ordinance Amendment No. 2023-03. H. On January 16, 2024, the City Council held a duly noticed public hearing and voted to recommend that the City Council adopt an ordinance approving Zoning Ordinance Amendment No. 2023-03. For the reasons contained herein, and each of them, Zoning Ordinance Amendment No. 2023-3 is hereby found and determined to be consistent with the intent and purpose of Chapter 41 of the SAMC; thus, changing the Ordinance No. NS-XXXX City Council 22 — 14 T735 6 zoning district is found to be consistent with the General Plan of the City of Santa Ana and otherwise justified by the public necessity, convenience, and general welfare. Section 2. The recitals above are each incorporated by reference and adopted as findings by the City Council. Section 3. The City Council has reviewed and considered the information contained in the analysis performed pursuant to the California Environmental Quality Act (CEQA) (Environmental Review No. 2023-40). In accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is categorically exempt from further review per Section 15301 (Class 1 — Existing Facilities) of the CEQA Guidelines. Class 1 exemption applies to the operation, repair maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. The subject project is proposing the change of use of an existing industrial building that was previously used for an auto repair business to be used for administrative office purposes. Additionally, the project is exempt from further review pursuant to Public Resources Code section 21083.3 and CEQA Guidelines Section 15183, the Project is exempt from further review. This type of exemption analysis evaluates whether the potential environmental impacts of the proposed change of use for the existing 5,837-square-foot building from auto -repair to administrative office and site improvements that include new landscape, fagade remodel, and new outdoor areas for the office and the school are addressed in the City of Santa Ana General Plan Update Final Recirculated Program Environmental Impact Report (GPU EIR). A rezoning that is consistent with an adopted general plan falls within this exemption. (A) As set forth in CEQA Guidelines Section 15183(a), projects that are "consistent with the development density established by the existing zoning, community plan or general plan policies for which an EIR was certified shall not require additional environmental review, except as might be necessary to examine whether there are project -specific significant effects which are peculiar to the project or its site." The CEQA Guidelines further state that "[i]f an impact is not peculiar to the parcel or to the project, has been addressed as a significant effect in the prior EIR, or can be substantially mitigated by the imposition of uniformly applied development policies or standards ... then an additional EIR need not be prepared for the project solely on the basis of that impact." CEQA Guidelines Section 15183(c). (B) The GPU was adopted, and the GPU EIR certified, in April 2022 (State Clearinghouse Number 2020029087); the GPU went into effect on May 26, 2022. Any decision by the City affecting land use and development must be consistent with the GPU. The GPU EIR evaluates the potential environmental effects associated with implementation of the GPU and addresses appropriate and feasible mitigation measures that would minimize or eliminate these impacts. A project is consistent with the GPU if its development density is the same or less than the standard expressed for the involved parcel in the general plan for which an EIR has been certified, and the project complies with the density -related standards contained in that plan. CEQA Guidelines section 15183(i)(2). Development density standards can include the number of dwelling units per Ordinance No. NS-XXXX City Council 22 — 15 709M, 6 acre, the number of people in a given area, floor area ratio (FAR), and other measures of building intensity, building height, size limitations, and use restrictions. (C) The GPU identifies that the Interim Development Standard for the FLEX-1.5 area is M1. The M1 zone provides for a variety of light industrial uses, including warehousing, manufacture, assembly, machine shops, wholesale businesses and ancillary uses such as office uses that do not exceed thirty (30) percent of the gross floor area. The Project would result in a FAR of 0.14, which is within the projections of the GPU EIR, which evaluated a density of 1.5 FAR on the site. The GPU EIR adequately anticipated and analyzed the impacts of this Project and identified applicable mitigation measures necessary to reduce impacts of the Project, and the Project implements the applicable mitigation measures. (D) Specifically, the Project qualifies for the exemption because the following findings can be made: 1. The Project is consistent with the development density established by existing zoning, community plan or general plan policies for which an EIR was certified. The Project would result in a FAR of 0.14, which is less than the maximum FAR of 1.5 allowable in the FLEX-1.5 designated area, which is the development density established by the GPU and analyzed in the GPU EIR. The Project site has an Interim Development Standard of M-1 (light Industrial zone). The M-1 zone does not have density requirements. 2. There are no Project specific effects which are peculiar to the Project or its site, and which the GPU EIR failed to analyze as significant effects. The subject property is similar to other properties in the area, including its land use designation and zoning. The property does not support any peculiar environmental features, and the Project would not result in any peculiar effects. In addition, as explained further in the prepared Exemption Checklist, project impacts were adequately analyzed by the GPU EIR; and as detailed in the GPU EIR, development projects pursuant to the GPU, such as the proposed Project, could result in potentially significant impacts to air quality, greenhouse gas emissions, and noise. However, applicable mitigation measures specified within the GPU EIR would reduce potential impacts to a less than significant level. 3. There are no potentially significant off -site and/or cumulative impacts which the GPU EIR failed to evaluate. The Project is consistent with the density and use characteristics of the development considered by the GPU EIR and would represent a small part of the growth that was forecast for build -out of the GPU. The GPU EIR considered the incremental impacts of the Project, and as explained further in the prepared Exemption Checklist, no potentially significant off -site or cumulative impacts have been identified which were not previously evaluated. 4. There is no substantial new information which results in more severe impacts than anticipated by the GPU EIR. As explained in the prepared Exemption Checklist, no new information has been identified which would result in a determination of a more severe impact than what had been anticipated by the GPU Ordinance No. NS-XXXX City Council 22 — 16 4 6 EIR. 5. As explained in the prepared Exemption Checklist, the Project will undertake feasible mitigation measures specified in the GPU EIR. These GPU EIR mitigation measures will be undertaken through Project design, compliance with regulations and ordinances, and through the Project's conditions of approval. (E) The Project therefore qualifies for an exemption from additional environmental review as set forth in Public Resources Code section 21083.3 and CEQA Guidelines Section 15183. The full exemption analysis is provided in Exhibit 7 of the staff report accompanying this Ordinance. Based on this analysis, a Notice of Exemption, Environmental Review No. 2023-40 will be filed for this project. Section 4. The Specific Development No. 82 (SD-82) zoning document is hereby amended to read as follows: TEMPLO CALVARIO ASSEMBLY OF GOD Specific Development Plan No. 82 Section 1. Applicability of Ordinance The specific development zoning district for the Templo Calvario Assembly of God Church, as authorized by Chapter 41, Division 26, Sec. 41-593 et. seq. of the Santa Ana Municipal Code (SAMC), is specifically subject to the standards and regulations contained in this plan for the express purpose of establishing land use regulations and standards. All other applicable chapters, articles and sections of the SAMC shall apply unless expressly stated or superseded by this ordinance. Section 2. Purpose The Specific Development Plan No. 82 (SD-82) for Templo Calvario consist of standards and regulations established for the express purpose of protecting the health, safety and general welfare of the people of the City of Santa Ana by promoting and enhancing the value of properties and encouraging orderly development of the property. Section 3. Uses Permitted A parcel or building within the Specific Development Plan No. 82 (SD- 82) shall be occupied by only the land uses allowed by this Section 3, and as permitted in created Zones, hereinafter referred to as Zone 1, Zone 2, and Zone 3 ("Zones"), as adopted and depicted in Attachment A. Ordinance No. NS-XXXX City Council 22 — 17 6 4 Zone 1 1. The permitted land uses within Zone 1 shall be as follows: (a) Administrative offices. (b) Surface parking lot for off-street parking purposes only, exclusive to Parcels 1, 2, and 4 of Parcel Map No. 84-886, as shown on a Map filed in Book 198, Pages 19-20 of Parcel Maps in the Office of the County Recorder of Orange County, California, and any future adioining parcels that may form part of the Civic Center Business Park or its future successors. (c) Private outdoor community area, to be accessible to all Zones, but shall not be used exclusively for school purposes, including but not limited to, outdoor play area, school children play area, nor for school recreational activities. Zone 2 2. The permitted land uses within Zone 2 shall be as follows: (a) The compounding, processing or treatment of raw or previously used materials into a finished or semi -finished product, excluding those specified in SAMC section 41-489.5. (b) The manufacturing of products from raw or previously treated materials, excluding those specified in SAMC section 41-489.5. (c) The assembly of products from raw or previously treated materials, excluding those specified in SAMC section 41-489.5. (d) The packaging or distribution of previously prepared products or materials, excluding those specified in SAMC section 41-489.5. (f) Warehousing (h) Wholesale establishments where the primary trade is business- to- business sale of products, supplies and equipment. Ordinance No. NS-XXXX City Council 22 — 18 6 4 W Ordinance No. NS-XXXX City Council 22 — 19 6 4 0 z 111141 7e I"amme. 1 . m Ir r • . 7 r . .............. 01"I'MA'. W.M.M.- 11111 1 2 - r go Oti's i I 1 r . . Ordinance No. NS-XXXX City Council 22 — 20 6 4 li�.iSlis�l�lfl�r�•��• i�1�11i �i��� r Ordinance No. NS-XXXX City Council 22 — 21 6 4 1/ r 3. The following uses are permitted when ancillary to any use permitted or permitted with the approval of a conditional use permit in 7nne 2- (a) Administrative office occupying up to thirty (30) percent of the gross floor area. (b) Product sales or service uses occupying up to five (5) percent of the aross floor area. (c) Enclosed storage where the goods, materials or supplies stored are the property of the owner or operator of the building or structure occupying up to thirty (30) percent. 4. The following uses may be permitted in Zone 2 subject to the approval of a conditional use permit in accordance with Section 41- 638 of the SAMC: (a) Principal industrial uses occupying less than seventy (70 percent of the gross floor area with the remainder of the floor area allocated to office use onlv. Ordinance No. NS-XXXX City Council 22 — 22 2 16 (b) Childcare facilities other than as permitted by section 41-472.1 of tha .Ann(. (c) Trade schools which provide instruction which requires the operation of heavy equipment or machinery normally associated with manufacturing operations such as woodworkina or machine shoos. (d) Industrial medical clinics which offer medical services by referral only and do not offer overnight stays. (e) Administrative office use ancillary to a permitted industrial use occupying more than thirty (30) percent of the gross floor area. Zone 3 5. The permitted land uses within Zone 3 shall be as follows: (a) Schools and ancillary school uses. 6. The following uses are permitted when ancillary to any uses permitted or permitted with the approval of a conditional use permit in 7nna'I- (a) Outdoor play area, ancillary to school uses. 7. The following uses may be permitted in Zone 3 subject to the approval of a conditional use permit in accordance with Section 41- 638 of the SAMC: (a) Churches and ancillary church uses. Section 4. Development Standards 1. Walls and Screening. Any equipment, whether on the roof, side of building or ground, shall be screened. The method of screening shall be architecturally integrated with the building in terms of materials, color, shape and size. 2. Landscaping Standards. All landscaped areas shall be irrigated using an automatic irrigation system. The project shall provide landscaping consistent with the existing landscape theme and existing improvements on -site. A six-inch raised concrete curb shall be required around all landscape planters unless approved by the City Landscape Associate. (a) A landscape area not less than 5 feet wide shall be maintained on the north (OCTA right-of-way) parking lot on Ordinance No. NS-XXXX City Council 22 — 23 2 16 Fairview Street. (b) All new landscape planters and landscaped areas shall meet the commercial landscape planter standards. (c) Vine pockets shall be provided along the north (OCTA right- of-way) block wall every 15 feet. 3. Architectural and Design Features. (a) Exterior Materials: Changes to the exterior materials and finishes shall be submitted to the Planning Division for review and approval. The materials and finishes shall be consistent with those found on the site. (b) Trash Enclosure: Trash enclosures and similar ancillary structures are to match the texture, materials and color palette of the proposed buildings. (c) Lighting Standards/Fixtures: A minimum of one -foot candle of light shall be provided throughout the parking area. Specifications of light standards/fixtures and photometrics plan shall be submitted to the Planning Division for approval. 4. School Operational Standards (a) A Traffic Plan shall be submitted for review and approval. The Plan shall include specifics on school bus drop-off and pick-up areas (limited to front of building), student drop-off and pick- up areas (limited to rear of building), and the driveways to be used for these functions. (b) A Safety Plan shall be submitted for review and approval. At a minimum, the Plan shall include provisions for student safety to the campus, during school operating hours, and safety exiting the campus. (c) PhySiGal edUGatien aa�tieS shall be limited try indeers enl y No an shall be Rath ante d outside building. rv�ucti �Frti�s��un--v���rrcrcrcr minima im of 10 square feet n��ysiGall aGtivit area per studeRtshall be nroyirJorJ Physical education activities shall be limited to indoors and the outdoor designated gated area. Any changes to the designated outdoor play area shall be submitted to the Plannina Division for review and aaaroval. Ordinance No. NS-XXXX City Council 22 — 24 16 (d) Student enrollment for the school shall be capped at a maximum of 870 students. (e) A Parking Management Plan shall be submitted to the Planning Division prior to the start of each school year. The plan shall be submitted to Planning Staff and the community association at least 15 days prior to the start of school. The Plan shall include provisions for parking during special events at the school. (f) The school shall submit an annual Special Events Program to Planning Staff and the community association at least 15 days prior to the start of the school year. The Program shall include provisions for notification of neighbors within SD-82, vehicle circulation, and parking during special events at the school. (g) Schools are subject to periodic review by the Planning Division to ensure compliance with the school; Operational Standards. Failure to comply with the Operational Standards may result in a review by the Planning Commission for further action. 5. Property Maintenance. (a) Graffiti: All graffiti shall be removed from the premises within 24 hours of discovery and/or notification of graffiti on the premises. (b) Parking Lot/Drive Aisles: Parking and driveway areas located on the parcels shall be kept in a good and clean condition. Standards maintenance and repairs of paved surfaces shall be conducted on a regular basis. The normal cleaning and removal of refuse and trash shall occur on the premises. (c) Landscaping: All landscaping shall be maintained at all times. Any dead or missing landscaping shall be replaced in a timely mnnnar Section 5. Covenants, Conditions and Restrictions (CC&Rs) and Reciprocal Parking and Access Agreements (a) The CC&Rs governing the subject properties shall be refined and submitted to the City prior to permit issuance of any site improvements, included but not limited to the following: I. Square footage addition to any of the existing buildings Ordinance No. NS-XXXX City Council 22 — 25 16 II. Fences III. Storage sheds IV. Landscape planters (b) A copy of a recorded and executed reciprocal parking and access agreement shall be provided to the Planning and Building Agency (PBA), prior to permit issuance of any site improvements as listed in Section 5 (a). The reciprocal parking and access agreement shall include language for reciprocal parking and access among legal Parcels 1, 2, and 4, as shown on Parcel Map No. 84-886, as shown on a Map filed in Book 198, Pages 19-20 of Parcel Maps in the Office of the County Recorder of Orange County, California. (c) Alternative to the requirements in Section 5(b), an equivalent action/document can be provided to the PBA ensuring that the subject properties meet all required off-street parking and access requirements. Section 5. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 6. The Clerk of the Council shall certify the adoption of this ordinance and shall cause the same to be published as required by law. ADOPTED this day of , 2024. Valerie Amezcua Mayor APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: n i;", se Montoya Assistant City Attorney Ordinance No. NS-XXXX City Council 22 — 26 16 AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Ordinance No. NS-XXXX City Council 22 — 27 16 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Jennifer L. Hall, City Clerk, do hereby attest to and certify the attached Ordinance No. NS XXXX to be the original ordinance adopted by the City Council of the City of Santa Ana on , 2024 and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: City Clerk City of Santa Ana Ordinance No. NS-XXXX City Council 22 — 2g 2 16 Attachment A City Council 22 — 29 2/6/2024 Planning and Building Agency www.santa-ana.org/planning-and-building Item # 23 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report February 6, 2024 TOPIC: Sunshine Ordinance Update, Safe and Sane Fireworks Ordinance Update, and Zoning Ordinance Update — Second Reading AGENDA TITLE Ordinance Amendment No. 2023-04 amending Article 11.11 of Chapter 2 (Sunshine Ordinance) of the Santa Ana Municipal Code (SAMC) Addressing Applicability of Ordinance to Specific Development Amendments (Second Reading); Ordinance Amendment No. 2023-05 to Update Chapter 14 (Fire Protection and Prevention and Emergency Services) of the SAMC Addressing Eligibility for Permits for the Sale of Safe and Sane Fireworks (Second Reading); and Zoning Ordinance Amendment No. 2023- 04 to Update Chapter 41 (Zoning) of the SAMC Addressing Billboards and General Restrictions (Second Reading) RECOMMENDED ACTIONS 1. Find and determine that the adoption of these ordinances is exempt from further review under the California Environmental Quality Act (CEQA) pursuant to sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines, as amended from time to time. 2. Conduct a second reading and adopt an ordinance approving Ordinance Amendment No. 2023-04 amending Article 11.11 of Chapter 2 (Sunshine Ordinance) of the SAMC addressing applicability of the ordinance to specific development amendments. ORDINANCE NO. NS-3057 entitled ORDINANCE AMENDMENT NO. 2023-04 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 2 (ADMINISTRATION) OF THE SANTA ANA MUNICIPAL CODE RELATING TO PUBLIC INPUT THROUGH COMMUNITY A5121:21111010W 3. Conduct a second reading and adopt an ordinance approving Ordinance Amendment No. 2023-05 amending Chapter 14 (Fire Protection and Prevention and Emergency Services) addressing eligibility for permits for the sale of safe and sane fireworks. City Council 23 — 1 2/6/2024 Sunshine Ordinance Update, Safe and Sane Fireworks Ordinance Update, and Zoning Ordinance Update — Second Reading February 6, 2024 Page 2 ORDINANCE NO. NS-3058 entitled ORDINANCE AMENDMENT NO. 2023-05 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING PORTIONS OF CHAPTER 14 (FIRE PROTECTION AND PREVENTION AND EMERGENCY SERVICES) OF THE SANTA ANA MUNICIPAL CODE RELATING TO SAFE AND SANE FIREWORKS 4. Conduct second reading and adopt an ordinance approving Zoning Ordinance Amendment No. 2023-04 amending Chapter 41 (Zoning) of the SAMC addressing billboards and general restrictions. ORDINANCE NO. NS-3059 entitled ZONING ORDINANCE AMENDMENT NO. 2023-04 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING PORTIONS OF CHAPTER 41 (ZONING) OF THE SANTA ANA MUNICIPAL CODE RELATING TO GENERAL RESTRICTIONS AND BILLBOARDS GOVERNMENT CODE §84308 APPLIES Yes DISCUSSION At its January 16, 2024 regular meeting, the City Council held a public hearing and considered the staff report, recommendations by staff, and public testimony concerning three ordinances. The three ordinances include: 1. Ordinance Amendment No. 2023-04 (OA No. 2023-04), 2. Ordinance Amendment No. 2023-05 (OA No. 2023-05), and 3. Zoning Ordinance Amendment No. 2023-04 (ZOA No. 2023-04) The City Council approved the first reading of OA No. 2023-04 and OA No. 2023-05 as presented by staff. However, the City Council struck several sections of ZOA No. 2023- 04 including Section 4, pertaining to the administrative approval of the renewal of wireless communication facility Conditional Development Permits, and Sections 7 through 20, pertaining to hotels/motels and full service hotels. The City Council passed the motion, as amended, by a vote of 7-0. OA No. 2023-04 amends Article 11.11 of Chapter 2 (Sunshine Ordinance) by making the ordinance applicable to specific development amendments. OA No. 2023-05 amends Chapter 14 (Fire Protection and Prevent and Emergency Services), which limits permits for the sale of safe and sane fireworks to schools with affiliated organizations and nonprofit organizations located within city limits. In addition, the amendments would require that nonprofit organizations be limited to those primarily City Council 23 — 2 2/6/2024 Sunshine Ordinance Update, Safe and Sane Fireworks Ordinance Update, and Zoning Ordinance Update — Second Reading February 6, 2024 Page 3 benefitting the Santa Ana community and having 75% of members residing within city limits. As amended by the City Council, ZOA No. 2023-04 amends Chapter 41 (Zoning) by specifying that the minimum separation between billboards is applicable to those on the same side of the freeway; and cleaning up the General Restrictions section of the Zoning Code. ENVIRONMENTAL IMPACT The City Council finds and determines that these actions are not subject to the California Environmental Quality Act (CEQA). Pursuant to CEQA and the CEQA Guidelines, the adoption of these Ordinances is exempt from CEQA review pursuant to sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because they will not result in a direct or reasonably foreseeable indirect physical change in the environment, as there is no possibility they will have a significant effect on the environment and it is not a "project," as defined in Section 15378 of the CEQA Guidelines. As a result, Environmental Review Nos. 2023-115, 2023-125, and 2023-126 will be filed upon adoption of these ordinances and resolution. FISCAL IMPACT There is no direct fiscal impact associated with this action. EXHIBITS 1. Ordinance for OA No. 2023-04 (Sunshine Ordinance) 2. Ordinance for OA No. 2023-05 (Fire Protection and Prevention and Emergency Services) 3. Ordinance for ZOA No. 2023-04 (Zoning) Submitted By: Minh Thai, Executive Director of Planning and Building Agency Approved By: Tom Hatch, Interim City Manager City Council 23 — 3 2/6/2024 ORDINANCE NO. NS-XXX ORDINANCE AMENDMENT NO. 2023-04 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 2 (ADMINISTRATION) OF THE SANTA ANA MUNICIPAL CODE RELATING TO PUBLIC INPUT THROUGH COMMUNITY MEETINGS THE CITY COUNCIL OF THE CITY OF SANTA ANA HEREBY ORDAINS AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. On October 15, 2012, the City Council enacted the Sunshine Ordinance as found in Chapter 2 (Administration) of the Santa Ana Municipal Code (SAMC) to ensure that the people of Santa Ana remain in control of the government they have created. B. Periodically, the City Council has adopted amendments to the Sunshine Ordinance to expand the number of required meetings, increase the notification radius, establish meeting format and presentation requirements, and make clarifying edits to application processing timelines. C. In 2023, City of Santa Ana ("City") staff reviewed the Sunshine Ordinance and identified the need to clarify applicability to add specific development amendments. D. Ordinance Amendment No. 2023-04 amends Chapter 2 (Administration), Section 2-153 (Public input through community meetings prior to discretionary approval) by adding specific development amendments to the list of development projects types to which the Sunshine Ordinance applies. E. The proposed amendment is consistent with the General Plan of the City. Modification to the section regarding public input through community meetings prior to discretionary approval is consistent with General Plan Land Use (LU) Element Goal LU-3 (Compatibility of Uses), Policy LU-3.2 (Empower Community), which seeks to "facilitate community engagement and dialogue in policy decisions and outcomes affecting land use and development." By clarifying applicability to include specific development amendments, the City enables public input opportunities during the discretionary approval process. F. On January 16, 2024, the City Council held a duly -noticed public hearing and considered the staff report, recommendations by staff, and public testimony concerning Ordinance Amendment No. 2023-04. Section 2. The City Council finds and determines that this ordinance is not subject to the California Environmental Quality Act (CEQA). Pursuant to CEQA and MMIdilutj Mt xxx City Council 23 — 4 2/6/2Q41 of Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines, the adoption of this Ordinance is exempt from CEQA review because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, as there is no possibility it will have a significant effect on the environment and it is not a "project", as defined in Section 15378 of the CEQA Guidelines. As a result, a Notice of Exemption, Environmental Review No. 2023-125, will be filed upon adoption of this ordinance. Section 3. Section 2-153 (Public input through community meetings prior to discretionary approval) of Chapter 2 of the SAMC is hereby amended to read as follows: Sec. 2-153. — Public input through community meetings prior to discretionary approval. (a) Applicability. The requirements of this article apply to development projects requiring discretionary approval and that meet one (1) or more of the following criteria: (1) City -sponsored development projects. (2) New residential projects containing twenty-five (25) or more units, except that the director of the Planning and Building Agency may exempt a developer from one (1) or more of the requirements of this article if, in the case of affordable housing, the developer can show that it will be in jeopardy of losing tax credits, or if an applicable project does not require a resubmittal following initial submittal. (3) New non-residential projects (including additions to existing buildings) of ten thousand (10,000) square feet or more and which are, in the determination of the city, subject to a negative declaration, mitigated negative declaration or environmental impact report as defined under the California Environmental Quality Act. (4) Development projects requiring a zone change, specific plan amendment, specific development amendment, or general plan amendment. Section 4. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 5. This ordinance shall become effective thirty (30) days after its adoption. 1niMiidiiL;U M. MS xxx City Council 23 — 5 2i6i2Q42 of Section 6. The Clerk of the Council shall certify the adoption of this ordinance and shall cause the same to be published as required by law. ADOPTED this day of APPROVED AS TO FORM Sonia R. Carvalho, City Attorney By: Jose Montoya Assistant City Attorney AYES: Valeria Amezcua Mayor Councilmembers: NOES: Councilmembers: ABSTAIN NOT PRESENT Councilmembers: Councilmembers: 2024. MMIdilutj Mt xxx City Council 23 — 6 2/6/2W43 of CERTIFICATE OF ATTESTATION AND ORIGINALITY I, , City Clerk, do hereby attest to and certify that the attached Ordinance No. NS- to be the original ordinance adopted by the City Council of the City of Santa Ana on , and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: City Clerk City of Santa Ana MMIdilutj Mt xxx City Council 23 — 7 2/6/2W4a of ORDINANCE NO. NS-XXX ORDINANCE AMENDMENT NO. 2023-05 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING PORTIONS OF CHAPTER 14 (FIRE PROTECTION AND PREVENTION AND EMERGENCY SERVICES) OF THE SANTA ANA MUNICIPAL CODE RELATING TO SAFE AND SANE FIREWORKS THE CITY COUNCIL OF THE CITY OF SANTA ANA HEREBY ORDAINS AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. On an ongoing basis, City of Santa Ana (City) staff review and analyze various chapters of the Santa Ana Municipal Code (SAMC). In an effort to protect public health, safety, and welfare, the Building Safety Division is proposing revisions to the Municipal Code. B. Ordinance Amendment No. 2023-05 amends Chapter 14 (Fire Protection and Prevention and Emergency Services), and Section 14-56 (Permits, issuance) addressing issuance of permits for safe and sane fireworks. C. The amendments will enable the City to implement a regulatory framework and clarify eligibility criteria to be issued a permit for the sale of safe and sane fireworks. D. The amendments are consistent with the General Plan of the City. Modification to the permits section pertaining to fireworks is consistent with General Plan Public Services (PS) Element Goal PS-2 (Public Safety), which seeks to "preserve a safe and secure environment for all people and property." By limiting issuance of permits for the sale of safe and sane fireworks, the City may minimize risk. E. On January 16, 2024, the City Council held a duly -noticed public hearing and considered the staff report, recommendations by staff, and public testimony concerning Ordinance Amendment No. 2023-05. Section 2. The City Council finds and determines that this ordinance is not subject to the California Environmental Quality Act (CEQA). Pursuant to CEQA and Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines, the adoption of this Ordinance is exempt from CEQA review because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, as there is no possibility it will have a significant effect on the environment and it is not a "project", as defined in Section 15378 of the CEQA Guidelines. As a result, a Notice of Exemption, Environmental Review No. 2023-126, will be filed upon adoption of this ordinance. Ordinance No. NS-XXX City Council 23 — 8 2ftga 14of 4 Section 3. Section 14-56. Permits, issuance of Chapter 14 of the SAMC is hereby amended to read as follows: Sec. 14-56. Permits, issuance. (a) Permits for the sale of safe and sane fireworks shall be issued only to: (i) organizations officially affiliated with and officially recognized by an elementary school, middle school, high school, community college, and/or school district which is located within the boundaries of the City; or (ii) bona fide nonprofit organizations as recognized by the State of California organized for charitable, fraternal, patriotic service or religious purposes located within the City limits and primarily benefiting the Santa Ana community, with their principal and permanent meeting place within the City of Santa Ana, and at least seventy- five (75) per cent of the members or youth members for sports related organizations residing within the city limits. Each such organization shall have been organized and established within the City's corporate limits for minimum of one (1) year continuously preceding the filing of the permit application. (b) Permits for the sale of safe and sane fireworks shall limit each sponsoring organization to a single location in any given year. If more than one permit application is submitted, the City may disregard one, or all, of the permit applications at its sole discretion. (c) Such permits shall expire on July 4th at 8:00 p.m. of the year of issuance. Section 4. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 5. This ordinance shall become effective thirty (30) days after its adoption. Section 6. The Clerk of the Council shall certify the adoption of this ordinance and shall cause the same to be published as required by law. [Signatures on the following page] Ordinance No. NS-XXX City Council 23 — 9 ATWgO24of 4 ADOPTED this day of APPROVED AS TO FORM Sonia R. Carvalho, City Attorney By: r Jose 'Montoya Assistant City Attorney AYES: Valeria Amezcua Mayor Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: 2024. Ordinance No. NS-XXX City Council 23 — 10 2ftga 4of 4 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, , City Clerk, do hereby attest to and certify that the attached Ordinance No. NS- to be the original ordinance adopted by the City Council of the City of Santa Ana on , and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: City Clerk City of Santa Ana Ordinance No. NS-XXX City Council 23 —11 2VWg(3214of 4 ORDINANCE NO. NS-XXX ZONING ORDINANCE AMENDMENT NO. 2023-04 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING PORTIONS OF CHAPTER 41 (ZONING) OF THE SANTA ANA MUNICIPAL CODE RELATING TO GENERAL RESTRICTIONS AND BILLBOARDS THE CITY COUNCIL OF THE CITY OF SANTA ANA HEREBY ORDAINS AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. On an ongoing basis, City of Santa Ana (City) staff review and analyze Chapter 41 (Zoning) of the Santa Ana Municipal Code (SAMC). In an effort to establish high - quality development standards, create a user-friendly zoning code for residents and the business community, and to implement various policies and actions set forth in the General Plan, the Planning Division is proposing revisions to various sections of the Zoning Code. B. After a thorough analysis of the current code requirements in the City, staff identified a number of code amendments and additions that are necessary to ensure clear, uniform, and legally consistent regulations. The proposed changes and additions will enable the City to implement a regulatory framework that both protects the health, safety, and welfare of the City and limits undue strain on home owners, business operators and developers. C. Zoning Ordinance Amendment No. 2023-04 amends and adds various sections of Chapter 41; including Section 41-190 (General restrictions), Section 41-1130 (Permitted locations), and Table 41-1131 (Digital Billboard Development Standards) of Section 41-1131 (Development standards). D. The proposed amendments are consistent with the General Plan of the City. Specifically, the proposed amendments are consistent with the following goals and policies: a. Modification to the General Restrictions section is consistent with General Plan Land Use (LU) Element Goal LU-1 (Growing Responsibly), Policy LU- 1.1 (Compatible Uses), which seeks to foster compatibility between land uses. The change to General Restrictions clarifies incompatible uses that are not permitted. b. Modifications to sections pertaining to billboards are consistent with General Plan Urban Design (UD) Element Goal UD-2 (Sustainable Environment), Policy UD-2.9 (Visual Aesthetic of Built Environment), which MMIdilutj Mt xxx City Council 23 — 12 2/6/2Q41 of 6 intends to ensure that signs are situated to minimize detrimental impacts. The change to the billboard standards will result in billboard construction that minimizes visual impacts. E. On December 11, 2023, the Planning Commission held a duly -noticed public hearing and considered the staff report, recommendations by staff, and public testimony concerning Zoning Ordinance Amendment No. 2023-04. F. On January 16, 2024, the City Council held a duly -noticed public hearing and considered the staff report, recommendations by staff, and public testimony concerning Zoning Ordinance Amendment No. 2023-04. Section 2. The City Council finds and determines that this ordinance is not subject to the California Environmental Quality Act (CEQA). Pursuant to CEQA and Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines, the adoption of this Ordinance is exempt from CEQA review because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, as there is no possibility it will have a significant effect on the environment and it is not a "project", as defined in Section 15378 of the CEQA Guidelines. As a result, a Notice of Exemption, Environmental Review No. 2023-115, will be filed upon adoption of this ordinance. Section 3. Section 41-190 (General restrictions) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-190. - General restrictions. Except as hereinafter provided: (a) No building shall be erected, reconstructed or structurally altered except in conformance to the provisions contained herein; nor shall any building or land be used for any purpose other than that which is permitted in the district or modified district in which such building or land is located. All uses, as defined in Division 2 of Article 1 of this Chapter, not expressly permitted in any zoning district are prohibited. (b) No building shall be erected, reconstructed or structurally altered to exceed the height or size limit herein established for the district or modified district in which such building is located. (c) No lot area shall be so reduced or diminished that any yard area or other open spaces shall be smaller than prescribed by this chapter. (d) No yard or other open space provided about any building for the purpose of complying with the provisions of this chapter shall be considered as providing a yard or open space for any other building; provided further that no yard or open space on an adjoining property shall be considered as providing a yard or open space on a lot whereon a building is to be erected. InidiiidiiUU M. Ms xxx City Council 23 — 13 2/6/2Q42 of 6 (e) Every building hereafter erected shall be located on a lot created in conformance with the subdivision regulations and in no case shall there be more than one (1) dwelling or other principal structure on one lot except as provided herein. (f) Whenever any land or building is devoted to a use of a more restricted classification than that permitted in the district or modified district where located, such act shall constitute a waiver of any right to claim that any use of buildings or land near, or adjacent thereto, constitute a nuisance in any manner different from that which would be a nuisance if such use were of the least restricted classification permitted in such districts. Section 4. Section 41-1130 (Permitted locations) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-1130. - Permitted locations. New and reconstructed billboards, and the conversion of existing freeway oriented on -premise advertisement signs to a digital billboard: (a) Shall only be constructed on properties zoned and used for non-residential uses in any zoning district, including overlay zones, specific plans, and specific development zones. Such requirement may be modified by the Planning Commission through the approval of a Conditional Use Permit. (b) Shall be located within the Freeway Corridor as defined in Section 41-1101. (c) Shall not be located within five hundred (500) feet from any residentially zoned parcel, as measured from the border of the digital billboard face, or the base of the digital billboard structure, to the nearest property line of the residentially zoned property. Such requirement may be modified to be no less than one -hundred fifty (150) feet for mixed -use districts by the Planning Commission through the approval of a Conditional Use Permit. (d) Shall be located outside any right-of-way owned by the California Department of Transportation (Caltrans). (e) Shall not significantly block or significantly impair views of any landmark identified in the General Plan. (f) To preserve views of the Santa Ana Water Tower, no billboard shall be constructed on any property adjacent to the northbound and southbound travel lanes of the Santa Ana (1-5) Freeway between Main Street and Grand Avenue. InRIiiidiiL;U M. Ms xxx City Council 23 — 14 2/6/2Q43 of 6 Section 5. Section 41-1131 (Development standards) of the SAMC is hereby amended as follows: Sec. 41-1131. - Development standards. (a) All digital billboards shall comply with standards established by the California Department of Transportation (Caltrans) in effect at the time the permit is issued. These standards may prohibit the construction of digital billboards in landscaped areas and/or in zones where residential uses are permitted; may limit the size and height of digital billboards; and may require separation between billboards, among other provisions. (b) All new or reconstructed billboards shall be digital billboards. The construction or reconstruction of static billboards is prohibited. (c) The development standards in Table 41-1131 shall be applicable to all new and reconstructed billboards. Table 41-1131 Digital Billboard Development Standards Standard Maximum Sign Area/Face As allowed by Caltrans Maximum Number of Faces Two 2 Maximum Height Sixty (60) feet(') Spacing Between Billboards One -thousand 1,000 feet(2) Number of Vertical Supports One Vertical Support(3) Notes: 1. Measured from nearest adjacent curb level on the site on which the sign is constructed. May be modified through Planning Commission approval of a Conditional Use Permit. 2. The minimum separation between billboards located on the same freeway side shall be one -thousand (1,000) feet (including static billboards) or standards established by Caltrans in effect at the time the permit is issued, whichever is greater, as measured from the base of each billboard's vertical support. 3. All conduits, cables and appurtenances shall be concealed within the vertical support. Section 6. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 7. This ordinance shall become effective thirty (30) days after its adoption. MMIdilutj Mt xxx City Council 23 — 15 2/6/2W44 of 6 Section 8. The Clerk of the Council shall certify the adoption of this ordinance and shall cause the same to be published as required by law. ADOPTED this day of APPROVED AS TO FORM Sonia R. Carvalho, City Attorney By: Jose Rontoya Assistant City Attorney AYES: Valeria Amezcua Mayor Councilmembers: NOES: Councilmembers: ABSTAIN NOT PRESENT Councilmembers: Councilmembers: 2024. MMIdilutj Mt xxx City Council 23 — 16 2/6/2W45 of 6 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, , City Clerk, do hereby attest to and certify that the attached Ordinance No. NS- to be the original ordinance adopted by the City Council of the City of Santa Ana on , and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: City Clerk City of Santa Ana MMIdilutj Mt xxx City Council 23 — 17 2/6/2W4s of 6 City Clerk's Office www.santa-ana.org/city-clerks-office/ Item # 24 o`er City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report February 6, 2024 TOPIC: SCAG Business Meeting Alternate Representative AGENDA TITLE Nominate and Appoint an Alternate Representative to the Southern California Association of Governments General Assembly Business Meeting RECOMMENDED ACTION Nominate and appoint an alternate for purposes of the Southern California Association of Governments General Assembly Business Meeting GOVERNMENT CODE 484308 APPLIES: No DISCUSSION The City Council represents the City's interests in regional issues by serving on a number of regional boards/agencies which make public policy decisions in the areas of transportation, water resources, fire resources, and government facilities. The Southern California Association of Governments (SCAG) is an association representing six counties (Imperial, Los Angeles, Orange, Riverside, San Bernardino, and Ventura) that works to develop regional plans for transportation, growth management, housing development, air quality, and other issues of regional significance. Mayor Amezcua was appointed as the City's representative to the SCAG Regional Council for District 16 on April 4, 2023. SCAG holds an annual Regional Conference and General Assembly Business Meeting. The 59t" Annual Conference and General Assembly Business Meeting will be held from Thursday, May 2, 2024 to Friday, May 3, 2024 in Palm Desert, CA. SCAG has requested that the City designate an Alternate Representative for purposes of the General Assembly, in the event that the Delegate Representative (Mayor Amezcua) is unable to attend. FISCAL IMPACT There is no financial impact associated with this action. City Council 24 — 1 2/6/2024 SCAG Business Meeting Alternate Representative February 6, 2024 Page 2 EXHIBIT(S) 1. List of Current Regional Board Members Submitted By: Jennifer L. Hall, City Clerk Approved By: Tom Hatch, Interim City Manager City Council 24 — 2 2/6/2024 CITY OF SANTA ANA 2023-24 REGIONAL BOARD AND SUBCOMMITTEE MEMBERS BOARD CURRENT POSITION MEETINGS COMPENSATION / TERM MEMBER REMUNERATION EXPIRES Board Mtgs 2nd Tues of Mileage Metropolitan Water District Thai Viet Rep. mo. @ 12:30 with Cmte reimbursement Board (MWD) Phanmtgs at 8 a.m.; Cmte Mtgs from MWD 4th Tues all day Nabil Saba, Quarterly the V Newport Bay Watershed Executive Wednesday from 1:30-3:00 Executive Committee Director, Rep. at Irvine Ranch Water None Public Works District, 15600 Sand Canyon Ave, Irvine, 92618 Orange County Fire Phil Bacerra Rep. Every Month at 6:30 p.m. $100 per mtg.; max Requires AuthorityOFCA * $300 Resolution Orange County Housing Jessie Lopez Rep. Every two months or as None Finance Trust called OC Sanitation District * Johnathan Ryan Rep. Meets once a month on the $212.50/Mtg. Max Hernandez 4th Wednesday at 6 p.m. 6/Mo. Plus mileage OC Sanitation District * Benjamin Alt. Meets once a month on the $212.50/Mtg. Max Vazquez 4th Wed. at 6 p.m. 6/Mo. Plus mileage OC Vector Control District Nelida Rep. Meets on 3rd Thursday at 3 $100/Mtg. 1/1/2026 Mendoza m. 1st & 3rd Wednesday at Orange County Water Valerie 5:30 p.m., 18700 Ward St., $221.12/ Day Max Rep. Fountain Valley, CA — 10 mtgs./Mo. Plus District* Amezcua Committees at various mileage $0.50 times / dates Southern California Valerie District 16 - Meets 1st $120/Mtg. Max Association of Amezcua Rep. Thursday of each month, 6/Mo. Plus mileage Governments (SCAG) * 10 a.m. — 1:30 p.m. from City Hall Orange County Council of Valerie Meets once a month on the Governments Board of Amezcua Rep. 4th Thurs. at 11 a.m. None Directors (OCCOG) * Orange County Council of Meets once a month on the Governments Board of Jessie Lopez Alt. 4th Thurs. at 11 a.m. None Directors (OCCOG) * Santa Ana River Flood Benjamin Meets odd months on the Protection Agency Vazquez Rep. 4th Thurs. at 4:00 p.m. None (SARFPA) David $120/Mtg. Max Transportation Corridor Penaloza Rep. Meets on the 2nd Thursday 6/Mo.; Ad Hoc Agencies (TCA) * at 9:30 am Cmts $120 plus Mileage Valerie $120/Mtg. Max Transportation Corridor Amezcua Alt. Meets on the 2nd Thursday 6/Mo.; Ad Hoc Agencies (TCA) * at 9:30 am Cmts $120 plus Mileage *Required to file a FPPC Statement of Economic Interests (Form 700) City Council 24 — 3 2/6/2024 Revised 11/22/23 DRAFT Minutes of the Special Meeting of the Housing Authority Santa Ana, California d '1} 177 January 16, 2024 TELECONFERENCE INFORMATION: Pursuant to Government Code Section 54953(b), Mayor Pro Tern Lopez will participate in the meeting via teleconference from Mayan Palace Riviera Maya Carretera Federal Kilomentro 48, Municipio de Solidaridad, Playa del Carmen Quintana Roo, Mexico, 77710. The Agenda will be posted at the teleconference location and any member of the public wishing to address the legislative body directly may do so at the teleconference location pursuant to Government Code Section 54954.3. CALL TO ORDER MINUTES: Chair Amezcua called the Special Housing Authority Meeting to order at 8. 06 P.M. ATTENDANCE Authority Members Vice Chair Chair Interim City Manager City Attorney Recording Secretary ROLL CALL Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez David Penaloza Benjamin Vazquez Thai Viet Phan Valerie Amezcua Tom Hatch Sonia R. Carvalho Jennifer L. Hall MINUTES: Secretary Jennifer L. Hall conducted Roll Call. Chair Amezcua, Vice Chair Phan, and Authority Members Bacerra, Hernandez, Penaloza, and Vazquez were present. Authority Member Lopez was absent. HOUSING AUTHORITY 1 January 16, 2024 City Council 2-1 2/6/2024 ADDITIONS\DELETIONS TO THE HOUSING AUTHORITY AGENDA MINUTES: None. PUBLIC COMMENTS — Members of the public may address Housing Authority on items on the Housing Authority agenda. MINUTES: No public comments were received regarding the Special Housing Authority agenda. CONSENT CALENDAR 7-71 RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 1 through 3. MINUTES: At 8:07 P.M., the Consent Calendar was considered. MOTION: Authority Member Hernandez moved to approve staff recommendations on the following Consent Calendar Items: 1 through 3, seconded by Authority Member Penaloza. The motion carried, 6-0-1, by the following roll call vote: AYES: AUTHORITY MEMBER BACERRA, AUTHORITY MEMBER HERNANDEZ, AUTHORITY MEMBER PENALOZA, AUTHORITY MEMBER VAZQUEZ, VICE CHAIR PHAN, CHAIR AMEZCUA NOES: NONE ABSTAIN: NONE ABSENT: AUTHORITY MEMBER LOPEZ Status: 6 — 0 — 1 - Pass 1. Excused Absences Department(s): City Clerk's Office Recommended Action: Excuse the absent members. 2. Minutes of the Regular Meeting of December 5, 2023 Department(s): City Clerk's Office Recommended Action: Approve minutes. HOUSING AUTHORITY January 16, 2024 City Council 2-2 2/6/2024 3. Housing Successor Annual Report for FY 2022-23 —Low and Moderate Income Housing Asset Fund Department(s): Community Development Agency Recommended Action: Receive and file. **END OF CONSENT CALENDAR** HOUSING AUTHORITY MEMBER COMMENTS MINUTES: None. ADJOURNMENT — Adjourn the Housing Authority meeting. MINUTES: Chair Amezcua adjourned the Special Housing Authority Meeting at 8:08 P.M. HOUSING AUTHORITY Respectfully submitted: Jennifer L. Hall, CIVIC Secretary 3 January 16, 2024 City Council 2-3 2/6/2024 Community Development Agency www.santa-ana.org/community-development Item # 3 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report February 6, 2024 TOPIC: Quarterly Report for Housing Choice Voucher Program AGENDA TITLE Quarterly Report for the Housing Choice Voucher Program for the Period of October 1, 2023 to December 31, 2023 RECOMMENDED ACTION Receive and file the Quarterly Report for the Housing Choice Voucher Program for the period of October 1, 2023 to December 31, 2023 GOVERNMENT CODE §84308 APPLIES: No DISCUSSION The October 1, 2023 to December 31, 2023 Quarterly Report for the Housing Choice Voucher (HCV) Program provides information on the day-to-day activities of the Santa Ana Housing Authority. The report is divided into three (3) sections: Applicants, Participants, and Production. Applicants The Santa Ana Housing Authority accepted applications from May 2, 2022 through May 31, 2022 and received a total of 20,759 applications. A random lottery procedure was applied and the Santa Ana Housing Authority accepted 7,500 of the 20,759 applications to establish a 2022 HCV Waiting List. Charts 1 and 2 depict the characteristics of those applicants currently on the Waiting List. As of December 31, 2023, the Housing Authority has selected 587 applicants from the 2022 HCV Waiting List. Chart 1 1. Residency Preference Veterans Live or Work in —�' Santa Ana 5% Live or Work in Santa Ana illustrates the percentage of applicants on the 2022 HCV Waiting List who live or work in Santa Ana. These applicants are given a preference on the Waiting List together with U.S. military veterans. City Council 3-1 2/6/2024 Quarterly Report for Housing Choice Voucher Program February 6, 2024 Page 2 Chart 2 illustrates the number of applicants by total household size. The majority of applicants on the Waiting List consist of only one or two household members. Over half of all applicants (4,685 of the 7,500 applicants or 62%) have one- or two -member households and would qualify for a one -bedroom voucher. The Santa Ana Housing Authority's occupancy standard is one bedroom for every two family members. Participants At the end of the reporting period, there were 3,050 households receiving rental assistance from the Housing Authority. Chart 3 illustrates participating families, sorted by number of family members. Over three -fourths (87%) of families receiving assistance have three or fewer members. Chart 4 illustrates the family type for program participants. Over two-thirds (70%) of participating households have elderly and/or disabled members. ["Other" consists of households that are non -elderly, non -disabled, with no minor children.] 2. Household Size 3500 2888 3000 2500 — — a 2000 — 1797 0 v 1500 — — 9066 E 1000 — Z 5000 — — —I—'-4,- 20 80 29 11 9 1 2 3 4 5 6 7 8 9 10+ People per Houshold 3. Family Size 5 People 6 People 4 People 5% 3% 5°% "'� \ � 3 People 13% 1 Person 49% 2 People 25% 4. Family Type Other 14% Family oz Disabled 17% 43% 9fi Elderly 26% City Council 3-2 2/6/2024 Quarterly Report for Housing Choice Voucher Program February 6, 2024 Page 3 Chart 5 depicts participants by percentage of Orange County median income. As of December 31, 2023, the County's median income is $127,800 per year for a family of four. Approximately 90% of families on the program earn less than 30% of the area median income, which is $43,050 per year for a family of four. Participants' incomes come from a variety of sources, as illustrated in Chart 6. A total of 36% of participating families have income from employment. Participating families pay a portion of their monthly rent based upon their income and the payment standard for their unit. The Housing Authority pays the difference between the tenant's portion and the contract rent. This payment is the Housing Assistance Payment (HAP). The average HAP for October 1, 2023 to December 31, 2023 was $1,425. Production HQS Inspections: At least once every two years, the Housing Authority must inspect each assisted -unit to ensure it meets HUD's Housing Quality Standards (HQS) in compliance with the federal regulations. From October 1, 2023 to December 31, 2023, a total of 422 inspections and re -inspections of our assisted - units were performed, of which 140 inspections failed Chart 7 illustrates the number of inspections performed on a monthly basis during the reporting period. 5. Income as Percentage of Median Below 50% Median 9% 6. Source of Income Below 60% l of Median 1% low 30% Median 90% 70% 61% 60% 50% 37% 40% 30% 20% 8% for _ or With Any With any With any Wages Welfare SSI/SS 7. HQS Inspections 200 155 173 150 10 50 o October November Inspection Months 15% ■ With any other Income 94 ■ December City Council 3-3 2/6/2024 Quarterly Report for Housing Choice Voucher Program February 6, 2024 Page 4 Recertifications / Interims: Each year, the Housing Authority must re -certify every assisted -family to verify the family is still 400 eligible for assistance. In addition, when a 300 participant's income changes, an interim examination 200 must be performed. During the reporting period, a 100 total of 816 recertifications and interims were 0 conducted. Chart 8 illustrates the number of recertifications and interims performed. 8. Re -exams and Interims 129 61 188 October November December • Re -exams • Interims Other Change of Unit: These actions are completed when a family moves to a different rental unit. Nineteen (19) change of unit actions were processed during the reporting period. New Admissions: This action is completed when a family is admitted to the HCV Program. Forty-four (44) new admissions were processed during the reporting period. End of Participation: This action is completed when the family is no longer interested in participating in the program, the family becomes deceased, the family is no longer eligible for the program, or the family is terminated from the program due to program violations. Twenty-five (25) end of participation actions were processed during the reporting period. Expired Vouchers: This action is completed when an applicant is unable to locate a unit within the timeframe of their voucher and all extensions have been exhausted or no extension is requested. There were 13 expired vouchers processed during the reporting period. FISCAL IMPACT There is no fiscal impact associated with this action. Submitted By: Michael L. Garcia, Executive Director of Community Development Approved By: Tom Hatch, Interim City Manager City Council 3-4 2/6/2024