Agenda packet — Santa Ana City Council, January 16, 2024 (part 1 of 8)

City Council, Special Housing Authority, and Special Successor Agency Meeting Packet
TELECONFERENCE INFORMATION:

Pursuant to Government Code Section 54953(b), Mayor Pro Tem 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.

January 16, 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
Councilmember – Ward 1
Benjamin Vazquez
Councilmember Ward 2
Jessie Lopez
Mayor Pro Tem Ward 3
Phil Bacerra
Councilmember Ward 4
Johnathan Ryan Hernandez
Councilmember Ward 5
David Penaloza
Councilmember Ward 6
Mayor and Council telephone: 7146476900
Agenda item inquiries: 7146476520
Sonia R. Carvalho
City Attorney
Tom Hatch
Interim City Manager
Jennifer L. Hall
City Clerk
In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting, contact Michael Ortiz, City ADA Program Coordinator, at (714) 6475624. Notification 48 hours prior to the Meeting will enable the 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.santaana.org/agendasandminutes.

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 City Council 1 1/16/2024
City AttorneyInterim City ManagerCity Clerk
In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting, contact Michael Ortiz, City ADA Program Coordinator, at (714) 6475624. Notification 48 hours prior to the Meeting will enable the 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.santaana.org/agendasandminutes.

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 Members of the public may attend the City Council meeting inperson 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 M30, 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 EMAIL OPTION – Public comments may be sent via email to the City Clerk’s office at eComment@santaana.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) 9009128 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.

INPERSON OPTION Members of the public can provide inperson comments at the podium in the Council Chamber. The Council Chamber will have seating available for members of the public to attend the meeting inperson. 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.

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 INPERSON 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 NONAGENDA ITEMS (GENERAL PUBLIC COMMENT) – You can provide comments by joining Zoom or the Conference Call as described in the LIVE or INPERSON 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 raisedby5:45p.m.willnotbepermittedtospeak.

City Council 2 1/16/2024
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 Members of the public may attend the City Council meeting inperson 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.

The following designated public comment periods are:

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 INPERSON 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 INPERSON PUBLIC COMMENTS OPTION above. Speakers not in the queue by 5:45 p.m. will not be permitted to speak.

5. LIVE PUBLIC COMMENTS ON SUCCESSOR AGENCY ITEMS – You can provide comments by joining Zoom or the Conference Call as described in the LIVE or INPERSON 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 (SpanishtoEnglish) in addition to those wishing to address the City Council at the podium.

City Council 3 1/16/2024
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.

The following designated public comment periods are:

La ciudad provee servicios de interpretación al español en las juntas del Consejo. La interpretación simultánea al español se ofrece por medio del uso de audífonos y la interpretación consecutiva (español a inglés) también está 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 ).

TELECONFERENCE INFORMATION:

CLOSED SESSION
CALL TO ORDER
ATTENDANCE Council Members Phil Bacerra
Johnathan Ryan Hernandez
David Penaloza
Thai Viet Phan
Benjamin Vazquez
Mayor Pro Tem Jessie Lopez
Mayor Valerie Amezcua
Interim City Manager Tom Hatch
City Attorney Sonia R. Carvalho
City Clerk Jennifer L. Hall
ROLL CALL
ADDITIONS\DELETIONS TO CLOSED SESSION
City Council 4 1/16/2024
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 ).

TELECONFERENCE INFORMATION:

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 LEGAL COUNSEL EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code:

In re Aqueous FilmForming Foams Prods. Liability Litigation, United States District Court for the District of South Carolina, Charleston Division, Case No. MDL 2:18mn2873RMG

2. CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Government Code Section 54956.8:

Property Address: 849 N. Garnsey St., APN: 00514201
Agency Negotiator: Interim City Manager Tom Hatch
Negotiating Party: Carlos J & Olivia Saldivar
Terms: Potential Acquisition

3. 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)

4. PUBLIC EMPLOYEE EMPLOYMENT/APPOINTMENT pursuant to Government Code Section 54957 Title: City Manager
RECONVENE – City Council will reconvene to continue regular City business.

TELECONFERENCE INFORMATION:

CITY COUNCIL REGULAR OPEN SESSION

CALLTOORDER
City Council 5 1/16/2024
Agency Negotiator: Jason Motsick, Human Resources Executive Director Employee Organization:

Santa Ana Police Officers Association (POA)

4. PUBLIC EMPLOYEE EMPLOYMENT/APPOINTMENT pursuant to Government Code Section 54957 Title: City Manager
RECONVENE – City Council will reconvene to continue regular City business.

TELECONFERENCE INFORMATION:

CITY COUNCIL REGULAR OPEN SESSION
CALL TO ORDER
ATTENDANCE Council Members Phil Bacerra
Johnathan Ryan Hernandez
David Penaloza
Thai Viet Phan
Benjamin Vazquez
Mayor Pro Tem Jessie Lopez
Mayor Valerie Amezcua
Interim City Manager Tom Hatch
City Attorney Sonia R. Carvalho
City Clerk Jennifer L. Hall
ROLL CALL
PLEDGE OF ALLEGIANCE Mayor Amezcua
WORDS OF INSPIRATION Gustavo Hernandez
ADDITIONS\DELETIONS TO THE AGENDA
CEREMONIAL PRESENTATIONS

1. Certificate of Recognition presented by Councilmember Bacerra to the Santa Ana College Football Team for Exceptional Athletic Accomplishments

2. Certificates of Recognition presented by Councilmember Hernandez to the Sauvecito Foundation and the Midnite Cruisers 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 nonagenda items, with the exception of public hearings. Comments for public hearings will take place after the hearing is opened.

CONSENT CALENDAR
RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 3 through 24 and waive reading of all resolutions and
ordinances.

3. Excused Absences
Department(s): City Clerk’s Office
Recommended Action: Excuse the absent members.

4. Minutes from the Regular Meeting of July 18, 2023
Department(s): City Clerk’s Office
Recommended Action: Approve minutes.

5. Appointments to the Santa Ana Workforce Development Board Department(s):CommunityDevelopmentAgency
City Council 6 1/16/2024
CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed Session.

CONSENT CALENDAR
RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 3 through 24 and waive reading of all resolutions and
ordinances.

3. Excused Absences
Department(s): City Clerk’s Office
Recommended Action: Excuse the absent members.

4. Minutes from the Regular Meeting of July 18, 2023
Department(s): City Clerk’s Office
Recommended Action: Approve minutes.

5. Appointments to the Santa Ana Workforce Development Board Department(s): Community Development Agency
Recommended Action: Appoint Natasha Milatovich (replacing Bridget Kavanaugh) for a partial fouryear term expiring May 31, 2024 and Mat Garcia (replacing Andy Wadhera) for a partial fouryear term expiring May 31, 2026 to the Santa Ana Workforce Development Board.

6. Receive and File: Fiscal Year 202223 Annual Comprehensive Financial Report, Related Audit Reports, and Measure X AgreedUponProcedures Report Department(s): Finance and Management Services
Recommended Action: Receive and file the following audited and separately issued reports for the Fiscal Year Ended June 30, 2023:

1. The Auditor’s unmodified “clean” opinion letter for the fiscal year 202223 Audited Financial Statements included in the Annual Comprehensive Financial Report (ACFR)

2. Government Auditing Standards (GAS) Letter

3. Governance Letter

4. Air Quality Management District (AQMD) Audited Financial Statements

5. The Auditor’s report on the Appropriations Limit (GANN Limit)

6. The Auditor’s report on compliance with the Statement of Investment Policy

7. Measure X AgreedUponProcedures Report

7. Receive and File the Certification of Approval by City Engineer of Final Tract Map 201902, County Tract Map No. 19064 For 301 and 305 North Mountain View Street (Applicant: Olympia Capital Corporation) (No Fiscal Impact) Department(s): Public Works Agency
Recommended Action: Receive and file the certification of approval by City Engineer of the Final Tract Map 201902.

8. Award a Purchase Order Contract to Los Angeles Truck Centers for One Rizon e18L EV Truck, in an Amount NottoExceed $237,588 (Bid No. 23190) (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action:

1. Approve an appropriation adjustment recognizing $237,588 in prioryear fund balance in the Air Quality Improvement (AB 2766) Fund, Prior Year Carry Forward revenue account and appropriate the same amount into the Fleet ServicesAir Quality Improvement expenditure account. (Requires five affirmative votes)

2. Authorize a onetime purchase and payment of a Purchase Order to Los Angeles Truck Centers for one 2023 Rizon e18L EV Truck, in an amount not to exceed $237,588, including a $20,000 contingency amount.

9. Approve an Appropriation Adjustment and Increase the Agreement Amount by $100,000 for Existing Agreements with AimTD, LLC and Transportation Studies, Inc. for a New Aggregate Amount Not to Exceed $240,000 (Project Nos. 216897, 226897, 236897, 246897) (NonGeneral Fund)
Department(s):PublicWorksAgency
City Council 7 1/16/2024
Fund, Prior Year Carry Forward revenue account and appropriate the same amount into the Fleet ServicesAir Quality Improvement expenditure account. (Requires five affirmative votes)

9. Approve an Appropriation Adjustment and Increase the Agreement Amount by $100,000 for Existing Agreements with AimTD, LLC and Transportation Studies, Inc. for a New Aggregate Amount Not to Exceed $240,000 (Project Nos. 216897, 226897, 236897, 246897) (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute second amendments to agreements for traffic counting services with AimTD, LLC and Transportation Studies, Inc., to increase the agreement aggregate amount by an additional $100,000, for a total agreement aggregate amount of $240,000 from June 30, 2024 to June 30, 2025 (Agreement No. A2024XXX).

10. Award a Construction Contract to Baker Electric & Renewables LLC in the Amount of $691,335 for the Traffic Signal Installation at Chestnut Avenue and Zoo Lane (formerly Elk Lane) with an Estimated Project Delivery Cost of $864,168 (Project No. 236999) (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Approve an amendment to the Fiscal Year 202324 Capital Improvement Program to include $864,168 of funding in Transportation System Impact Authority (TSIA) Area A and Capital Outlay Fund Parks Improvement funds for the Traffic Signal Installation at Chestnut Avenue and Zoo Lane (formerly Elk Lane).

2. Approve an appropriation adjustment to recognize Transportation System Impact Authority Area A funds in an amount of $839,168 in the Prior Year Carry Forward revenue account, and appropriate the same amount to the Transportation System Impact Authority Area A, Improvements Other than Buildings expenditure account. (Requires five affirmative votes)

3. Authorize budget reallocation of $25,000 in unspent Capital Outlay Fund Parks Improvement account from the Maintenance & Repair Buildings & Ground (No. 242600) Project to construction funds for the Traffic Signal Installation at Chestnut Avenue and Zoo Lane (formerly Elk Lane) (No. 236999) to complete the project funding requirement

4. Award a construction contract to Baker Electric & Renewables LLC., the lowest responsive bidder, in accordance with the base bid in the amount of $691,335, 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 new Traffic Signal Installation at Chestnut Avenue and Zoo Lane (formerly Elk Lane) Project, for the term beginning December 19, 2023 and ending upon project completion.

5. Approve the Project Cost Analysis for a total estimated construction delivery cost of $864,168, which includes $691,335 for the construction contract, $103,700 for contract administration, inspection, and testing; and a $69,133 project contingency for unanticipated or unforeseen work.

6. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review.

Categorical Exemption Environmental Review No. ER202096 was filed for the project 236999.

11. Cooperative Agreement with the Orange County Transportation Authority for the Operations and Maintenance of the OC Streetcar System (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute a cooperative agreement with the Orange County Transportation Authority (OCTA) for the Operations and Maintenance of the OC Streetcar System for a term beginning on the effective date of this agreement for a period of 50 years, with an optional 20year extension at the discretion of OCTA (Agreement No. A2024XXX).

12. Approve an Agreement with Professional Sports Field Maintenance, Inc. for Infield Maintenance Services at City Parks and Facilities in an Amount NottoExceed $2,759,035 (RFP No.23152) (General Fund) Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute an agreement with Professional Sports Fields Maintenance, Inc., for infield maintenance services in an annual amount nottoexceed $459,839, plus an annual contingency of $91,968, for a total amount nottoexceed $2,759,035, for a threeyear term beginning on February 1, 2024 and expiring January 31, 2027 with provisions for two, oneyear extensions (Agreement No. A2024XXX).

13. Approve an Agreement with RPW Services, Inc. for Integrated Pest Management (IPM) and Pest Control Services at City Parks and Facilities in an Amount Not to Exceed $3,966,300 (RFP No. 23153) (General Fund) Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute an agreement with RPW Services, Inc. for integrated pest management and pest control services in an annual amount nottoexceed $661,050, plus an annual contingency of $132,210, for a total amount nottoexceed $3,966,300 for a threeyear term beginning on February 1, 2024 and expiring January 31, 2027 with provisions for two, oneyear extensions (Agreement No. A2024XXX).

City Council 8 1/16/2024
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute an agreement with Professional Sports Fields Maintenance, Inc., for infield maintenance services in an annual amount nottoexceed $459,839, plus an annual contingency of $91,968, for a total amount nottoexceed $2,759,035, for a threeyear term beginning on February 1, 2024 and expiring January 31, 2027 with provisions for two, oneyear extensions (Agreement No. A2024XXX).

14. Approve a Takeover Agreement with Great American Insurance Group to Take Over the Santa Ana Zoo Giant River Otter and Primate Trails Project and Approve an Amendment to the Agreement with CLR Design to Increase the Construction Administration Services Amount by $75,000 for a New Estimated Total Services Cost of $193,000 (Project No. 162658) (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: 1. Authorize the City Manager to execute a takeover agreement with Great American Insurance Group subject to change orders (not to exceed 25% of the base bid amount) in accordance with the Greenbook: Standard Specifications for Public Works construction, to take over the Santa Ana Zoo Giant River Otter and Primate Trails Project and be responsible for the completion of all work in accordance with the contract (Agreement No. A2024XXX).

2. Authorize the City Manager to execute a first amendment to the agreement with CLR Design Inc. for construction support services for the Santa Ana Zoo Giant River Otter and Primate Trails Project, to increase the amount by $75,000, for a total agreement amount of $193,000 (Agreement No. A2024XXX).

15. Approve Aggregate Agreements with DMS Facility Services, Landscape West Management Services, Inc., Mariposa Landscapes, Inc., and PCA Arborists & Consultants, Inc. dba Pacific Coast Horticulturists for Landscape Maintenance at City Parks and Facilities in an Aggregate Amount NottoExceed $35,737,920 (RFP No. 23151) (General Fund and NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute aggregate agreements to DMS Facility Services, Landscape West Management Services, Mariposa Landscapes, Inc., and Pacific Coast Horticulturists for landscape maintenance services in an annual aggregate amount nottoexceed $5,228,321, plus an annual contingency of $1,919,264, for a total aggregate amount nottoexceed $35,737,920 for a three year term beginning February 1, 2024, and expiring January 31, 2027, with provisions for two, oneyear extensions (Agreement No. A2024XXX).

16. First Amendment to the Density Bonus Housing Agreement for Legacy Square Department(s): Community Development Agency
Recommended Action: Approve a First Amendment to the Density Bonus Housing Agreement with National Community Renaissance of California and Legacy Square, L.P. for the permanent loan conversion of Legacy Square (Agreement No. A2024 XXX).

17. Approve a First Amendment to the Fiscal Year 202324 Emergency Solutions Grant (ESG) Memorandum of Understanding with the Santa Ana Police Department HEART Program for Additional Street Outreach and ESG Subrecipient Agreement with Interval House to Provide Emergency Shelter and Supportive Services to Victims of Domestic Violence from the City of Santa Ana Department(s): Community Development Agency
Recommended Action:

1. Authorize the City Manager to execute a First Amendment to the Santa Ana Police Department Homeless Evaluation Assessment Response Team (HEART) Program Memorandum of Understanding (MOU) to increase the amount of the agreement by $32,394.61 for program year July 1, 2023 June 30, 2024 for additional street outreach activities (Agreement No. A2024XXX).

2. Authorize the City Manager to execute a First Amendment to the Interval House Subrecipient Agreement to increase the amount of the agreement by $32,393.00 for program year July 1, 2023 June 30, 2024 to provide emergency shelter and supportive services to victims of domestic violence from the City of Santa Ana (Agreement No. A2024XXX).

18. Approve an Agreement with Occupational Health Centers of California, a Medical Corporation dba Concentra Medical Centers (“Concentra”) to Provide PreEmployment Medical Services Department(s):HumanResources
City Council 9 1/16/2024
Assessment Response Team (HEART) Program Memorandum of Understanding (MOU) to increase the amount of the agreement by $32,394.61 for program year July 1, 2023 June 30, 2024 for additional street outreach activities (Agreement No. A2024XXX).

18. Approve an Agreement with Occupational Health Centers of California, a Medical Corporation dba Concentra Medical Centers (“Concentra”) to Provide PreEmployment Medical Services Department(s): Human Resources
Recommended Action: Authorize the City Manager to execute an agreement with Concentra to provide a comprehensive medical services review program in an amount not to exceed $450,000 for a threeyear term from January 31, 2024 through January 30, 2027, with the option for the City to grant up to two 1year renewals of $150,000 each additional year, in an amount not to exceed $750,000 over a fiveyear term (Agreement No. A2024XXX).

19. Second Amendment to Agreement with A1 Party Rental for Event Equipment Rental Services at City Events to Increase the Annual Amount by $45,000 per Year through March 31, 2025, for a Total Increase of $90,000 and New Agreement Total of $540,000 (General Fund)
Department(s): Parks, Recreation, and Community Services Recommended Action: Authorize the City Manager to execute an amendment to an agreement with A1 Party Rental for event equipment rental services at City events to increase the annual amount by $45,000 per year through March 31, 2025, for a total increase of $90,000 and new agreement total of $540,000 (Agreement No. A2024XXX).

20. Second Amendment to Agreement with California Barricade Rentals, Inc. for Traffic Control Equipment and Services at City Events to Increase the Total Agreement Not To Exceed Amount by $185,000 through March 31, 2025, for a New Total Not to Exceed Amount of $400,000 (General Fund)
Department(s): Parks, Recreation, and Community Services Recommended Action: Authorize the City Manager to execute a second amendment to the agreement with California Barricade Rentals, Inc. for traffic control equipment and services at City events to increase the total agreement not to exceed amount by $185,000 through March 31, 2025 for a new total nottoexceed amount of $400,000 (Agreement No. A2024XXX).

21. Second Amendment to the Agreement with Matchpoint Tennis Academy LLC (“Matchpoint) for the Management, Operation, and Maintenance of the Cabrillo Tennis Center
Department(s): Parks, Recreation, and Community Services Recommended Action: Authorize the City Manager to execute the second amendment to the agreement with Matchpoint Tennis Academy LLC to adjust the terms and conditions of Section 4 in the agreement and reduce the term from 15 years to 10 years with an expiration date of December 31, 2029 with the option for a one 5year extension (Agreement No. A2024XXX).

22. Historic Property Preservation Agreements
Department(s): Planning and Building Agency
Recommended Action:

1. Authorize the City Manager or designee to execute the attached Mills Act agreements with the belowreferenced property owners for the identified structure(s).

Property Owner(s)
Historic
Property/Preservation
Agreement No.

Address/House Vote by HRC
Charles William Lake and Julie S.

Lake, as Trustees of the Charles
William Lake and Julie S. Lake
2002 Family Trust Dated
September 20, 2002
202310 2028 N. Greenleaf Street 5:0:0:3 (Commissioners Hardy, Cornelious, and Escamilla absent)
Daniel and Robbyn Taylor 202311 1607 N. Freeman Street 5:0:0:3 (Commissioners Hardy, Cornelious, and Escamilla absent)

2. Determine that, in accordance with the California Environmental Quality Act, the proposed projects are exempt for further review as Categorical Exemptions ER No. 2023105 and 2023107 will be filed for the projects.

23. Approve a First Amendment to Agreement with Data Ticket, Inc. (General Fund) Department(s):PoliceDepartment
City Council 10 1/16/2024
2002 Family Trust Dated
September 20, 2002
Cornelious, and Escamilla absent)
Daniel and Robbyn Taylor 202311 1607 N. Freeman Street 5:0:0:3 (Commissioners Hardy, Cornelious, and Escamilla absent)

23. Approve a First Amendment to Agreement with Data Ticket, Inc. (General Fund) Department(s): Police Department
Recommended Action: Authorize the City Manager to execute the first amendment to the agreement with Data Ticket, Inc. for automated parking citation and processing services for an additional amount of $730,351.69, for a total aggregate amount not to exceed $2,000,000 for the remaining term of the agreement expiring February 14, 2025 (Agreement No. A2024XXX).

24. Agreements with Enterprise Fleet Management for Leased Vehicles (General Fund) Department(s): Police Department
Recommended Action: Authorize the City Manager to execute the following seven agreements with Enterprise FM Trust and Enterprise Fleet Mangement, Inc. for leased vehicles for the period of January 1, 2024 through April 18, 2026 for a total annual amount not to exceed $612,936, with a oneyear extension option:

1. Master Walkaway Lease Agreement (Agreement No. A 2024XXX);

2. Master Equity Lease Agreement (Agreement No. A 2024XXX);

3. Maintenance Management and Fleet Rental Agreement (Agreement No. A 2024XXX);

4. Supplemental Agreement between City and Enterprise (Agreement No. A 2024XXX);

5. Indemnity Agreement for Master Walkaway Lease Agreement (Agreement No. A 2024XXX);

6. Indemnity Agreement for Master Equity Lease Agreement (Agreement No. A 2024XXX);

7. Amendment to Maintenance Management and Fleet Rental Agreement (Agreement No. A 2024XXX). **END OF CONSENT CALENDAR**
BUSINESS CALENDAR

25. Election of Mayor Pro Tem for 2024
Department(s): City Clerk’s Office
Recommended Action: Nominate and elect one Councilmember to serve as Mayor Pro Tem for calendar year 2024.
**END OF BUSINESS CALENDAR**
PUBLIC HEARINGS
PUBLIC COMMENTS – Members of the public may address the City Council on each of the Public Hearing items.

26. Amendment Application No. 202304 and Zoning Ordinance Amendment No. 202303 for the expansion of Vista Heritage Charter School located at 601 North Fairview Street Published in the Orange County Reporter on January 5, 2024 and notices mailed on January 4, 2023.

Department(s): Planning and Building Agency
Recommended Action: 1. Approve first reading of an ordinance approving Amendment Application (Zone Change) No. 202304.

ORDINANCE NO. NSXXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 202304 AMENDING THE ZONING FOR THE PROPERTY LOCATED AT 601 NORTH FAIRVIEW STREET (APN: 40524104) FROM LIGHT INDUSTRIAL (M1) TO SPECIFIC DEVELOPMENT NO. 82 (SD82)
City Council 11 1/16/2024
Heritage Charter School located at 601 North Fairview Street Published in the Orange County Reporter on January 5, 2024 and notices mailed on January 4, 2023.

Department(s): Planning and Building Agency
Recommended Action: 1. Approve first reading of an ordinance approving Amendment Application (Zone Change) No. 202304.

2. Adopt first reading of an ordinance approving Zoning Ordinance Amendment (ZOA) No. 202303 as conditioned.

ORDINANCE NO. NSXXXX entitled ZONING ORDINANCE AMENDMENT NO. 202303 – AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SPECIFIC DEVELOPMENT NO. 82 (SD82) TO EXPAND THE BOUNDARIES OF THE SD82 AND TO AMEND VARIOUS SECTIONS OF THE SD82 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, 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.

27. Ordinance Amendment No. 202304 Amending Article II.II of Chapter 2 (Sunshine Ordinance) of the Santa Ana Municipal Code (SAMC) Addressing Applicability of Ordinance to Specific Development Amendments; Ordinance Amendment No. 202305 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; and Zoning Ordinance Amendment No. 202304 to Update Chapter 41 (Zoning) of the SAMC Addressing Wireless Communication Facilities, Billboards, Hotels, General Restrictions, and Definitions.

Published in the Orange County Reporter on January 5, 2024.

Department(s): Planning and Building Agency
Recommended Action: 1. Approve first reading of an ordinance amending Article II.II of Chapter 2 (Sunshine Ordinance) of the SAMC addressing applicability of ordinance to specific development amendments.

ORDINANCE NO. NSXXXX entitled ORDINANCE AMENDMENT NO. 202324 – 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

2. Approve first reading of an ordinance amending Chapter 14 (Fire Protection and Prevention and Emergency Services) addressing eligibility for permits for the sale of safe and sane fireworks.

ORDINANCE NO. NSXXXX entitled ORDINANCE AMENDMENT NO. 202305 – 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

3. Approve first reading of a zoning ordinance amending Chapter 41 (Zoning) of the SAMC addressing wireless communication facilities, billboards, hotels, general restrictions, and definitions.

ORDINANCE NO. NSXXXX entitled ZONING ORDINANCE AMENDMENT NO. 202304 – 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, WIRELESS COMMUNICATION FACILITIES, BILLBOARDS, HOTELS/MOTELS, FULL SERVICE HOTELS, AND DEFINITIONS

4. Determine that, pursuant to the California Environmental Quality Act (“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 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, Environmental Review Nos. 2023115, 2023125, and 2023126 will be filed upon adoption of these ordinances.

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.

City Council 12 1/16/2024
defined in Section 15378 of the CEQA Guidelines. As a result, Environmental Review Nos. 2023115, 2023125, and 2023126 will be filed upon adoption of these ordinances.

ADJOURNMENT – Adjourn the City Council meeting and convene to the Housing Authority meeting.

Future Items

1. MidYear Budget Update

2. Quarterly Report of Investments as of December 31, 2023 POSTING STATEMENT: On January 9, 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 santaana.org/agendasandminutes TELECONFERENCE INFORMATION:

HOUSING AUTHORITY
CALL TO ORDER
ATTENDANCE Authority Members Phil Bacerra
Johnathan Ryan Hernandez
David Penaloza
Thai Viet Phan
Benjamin Vazquez
Vice Chair Jessie Lopez
Chair Valerie Amezcua
Interim City Manager Tom Hatch
City Attorney Sonia R. Carvalho
Recording Secretary Jennifer L. Hall
ROLL CALL
ADDITIONS\DELETIONS TO THE HOUSING AUTHORITY AGENDA
PUBLIC COMMENTS – Members of the public may address Housing Authority on items on the Housing Authority agenda.

CONSENT CALENDAR
RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 1 through 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 of the Regular Meeting of December 5, 2023
Department(s): City Clerk’s Office
Recommended Action: Approve minutes.

3. Housing Successor Annual Report for FY 202223 – Low and Moderate Income Housing Asset Fund Department(s): Community Development Agency
Recommended Action: Receive and file.

City Council 13 1/16/2024

1. MidYear Budget Update

CONSENT CALENDAR
RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 1 through 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 of the Regular Meeting of December 5, 2023
Department(s): City Clerk’s Office
Recommended Action: Approve minutes.

3. Housing Successor Annual Report for FY 202223 – 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
ADJOURNMENT – Adjourn the Housing Authority meeting and convene to the Special Successor Agency meeting.

Pursuant to Government Code Section 54953(b), Mayor Pro Tem Lopez will participate in the meeting via teleconference from Mayan Palace Riviera MayaCarreteraFederalKilomentro48MunicipiodeSolidaridadPlayadelCarmenQuintanaRooMexico77710TheAgendawillbepostedatthe City Council 14 1/16/2024
HOUSING AUTHORITY MEMBER COMMENTS
ADJOURNMENT – Adjourn the Housing Authority meeting and convene to the Special Successor Agency meeting.

SPECIAL SUCCESSOR AGENCY
CALL TO ORDER
ATTENDANCE Council Members Phil Bacerra
Johnathan Ryan Hernandez
David Penaloza
Thai Viet Phan
Benjamin Vazquez
Mayor Pro Tem Jessie Lopez
Mayor Valerie Amezcua
Interim City Manager Tom Hatch
City Attorney Sonia R. Carvalho
City Clerk Jennifer L. Hall
ROLL CALL
ADDITIONS\DELETIONS TO THE SUCCESSOR AGENCY AGENDA
PUBLIC COMMENTS – Members of the public may address Successor Agency on items on the Successor Agency Authority agenda.

CONSENT CALENDAR
RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 1 through 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 of the Special Meetings of September 6, 2022 and January 17, 2023 Department(s): City Clerk’s Office
Recommended Action: Approve minutes.

3. Recognized Obligation Payment Schedule (ROPS) for the Period of July 1, 2024 Through June 30, 2025 Department(s): Community Development Agency
Recommended Action: Adopt a resolution approving the Recognized Obligation Payment Schedule for the period of July 1, 2024 through June 30, 2025 pursuant to Part 1.85 of Division 24 of the California Health & Safety Code.

CONSENT CALENDAR
RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 1 through 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 of the Special Meetings of September 6, 2022 and January 17, 2023 Department(s): City Clerk’s Office
Recommended Action: Approve minutes.

SUCCESSOR AGENCY RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE SUCCESSOR AGENCY TO THE FORMER COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA APPROVING THE RECOGNIZED OBLIGATION PAYMENT SCHEDULE 2425 FOR THE PERIOD OF JULY 1, 2024 TO JUNE 30, 2025 PURSUANT TO HEALTH AND SAFETY CODE SECTION 24177(o), AND PART 1.85 OF DIVISION 24 OF THE CALIFORNIA HEALTH AND SAFETY CODE (“DISSOLUTION ACT”)
**END OF CONSENT CALENDAR**
SUCCESSOR AGENCY COMMENTS
ADJOURNMENTAdjthSAti
City Council 16 1/16/2024
RECOGNIZED OBLIGATION PAYMENT SCHEDULE 2425 FOR THE PERIOD OF JULY 1, 2024 TO JUNE 30, 2025 PURSUANT TO HEALTH AND SAFETY CODE SECTION 24177(o), AND PART 1.85 OF DIVISION 24 OF THE CALIFORNIA HEALTH AND SAFETY CODE (“DISSOLUTION ACT”)
**END OF CONSENT CALENDAR**
SUCCESSOR AGENCY COMMENTS
ADJOURNMENT – Adjourn the Successor Agency meeting.

POSTING STATEMENT: On January 9, 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 santaana.org/agendasandminutes City Council 17 1/16/2024
CITY COUNCIL 1 July 18, 2023
DRAFT Minutes of the Regular Meeting of the
City Council
City of Santa Ana, California
July 18, 2023
CLOSED SESSION MEETING – 5:00 P.M.

REGULAR OPEN MEETING – 5:45 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 5:10 P.M.

ATTENDANCE Council Members Phil Bacerra
Johnathan Ryan Hernandez
David Penaloza
Thai Viet Phan
Benjamin Vazquez
Mayor Pro Tem Jessie Lopez
Mayor Valerie Amezcua
City Manager Kristine Ridge
City Attorney Sonia R. Carvalho
City Clerk Jennifer L. Hall

ROLL CALL
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 5:13 P.M. and Mayor Pro Tem Lopez joined the meeting during Closed Session.

City Council 4 – 1 1/16/2024
CITY COUNCIL 2 July 18, 2023
ADDITIONS\DELETIONS TO CLOSED SESSION
City Attorney Sonia Carvalho announced that an immediate need to take action arose following the posting of the agenda regarding two matters

1. Conference with Legal Counsel regarding anticipated litigation concerning the urgency ordinance related to Assembly Bill 2011 exemptions.

2. Existing administrative matter concerning the Santa Ana Police Officers Association vs.

City of Santa Ana regarding an unfair practice charge.

MOTION: Councilmember Bacerra moved to add the two items to the Closed Session Agenda, seconded by Councilmember Phan.

The motion carried, 5-0-0-2, by the following roll call vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

COUNCILMEMBER BACERRA, COUNCILMEMBER

PENALOZA, COUNCILMEMBER PHAN,

COUNCILMEMBER VAZQUEZ, MAYOR AMEZCUA
NONE
NONE

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.

1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code:

A. Marco Pescina v. City of Santa Ana, United States District Court, Central District of California, Case No. 8:20cv0178 CJC (DFMx)
B. Stephanie Avila v. City of Santa Ana, et al., Orange County Superior Court, Case No. 30202001131418CUPOCJC
C. Francisco Valencia v. City of Santa Ana, Orange County Superior Court, Case No. 30202201246596CUPOCJC
D. Gerry Serrano v. City of Santa Ana, Santa Ana Police Department, Orange County Superior Court, Case No. 30202301330782CUOECJC E. Santa Ana Police Officers Association v. City of Santa Ana, Injunctive Relief No. 834, Unfair Practice Charge No. LA-CE-1658-M
City Council 4 – 2 1/16/2024
CITY COUNCIL 3 July 18, 2023

2. PUBLIC EMPLOYEE PERFORMANCE EVALUATION pursuant to Government Code Section 54957(b)(1)
TITLES: City Manager, City Attorney, City Clerk

3. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9: One potential case (July 17, 2023 letter from California Attorney General’s Office concerning urgency ordinance related to AB2011 exemptions) 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 5:14 P.M.

RECONVENE – City Council will reconvene to continue regular City business.

City Council 4 – 3 1/16/2024
CITY COUNCIL 4 July 18, 2023

CITY COUNCIL REGULAR OPEN SESSION

CALL TO ORDER
MINUTES: Mayor Amezcua reconvened the Regular City Council Meeting at 6:41 P.M.

ROLL CALL
MINUTES: City Clerk Jennifer L. Hall conducted roll call.

Councilmembers Bacerra, Hernandez, Penaloza, Phan, and Vazquez, Mayor Pro Tem Lopez (arrived at 6:45 P.M.), and Mayor Amezcua were present.

PLEDGE OF ALLEGIANCE Councilmember Penaloza
WORDS OF INSPIRATION Reverend Derrell Durley, Brown Temple CME ADDITIONS\DELETIONS TO CLOSED SESSION
MINUTES: City Clerk Jennifer L. Hall noted a correction to Agenda Item No. 10 which should read “Full Term expiring December 8, 2026.”

CEREMONIAL PRESENTATIONS

1. Certificate of Recognition presented by Mayor Amezcua to the Elks Lodge for Outstanding Contributions to the Community.

2. Certificates of Recognition presented by Mayor Pro Tem Lopez to Adriana Martinez and Alicia Rojas for Outstanding Contributions to the Community.

3. Certificate of Recognition presented by Councilmember Penaloza to Ingardia Produce Inc. in Celebration of their 50Year Anniversary.

4. Certificates of Recognition Presented By Councilmember Phan to Silvestre Basilio Chamu, Eric Castelan, Timothy Pagano, and Monique Leon for Outstanding Contributions to the Community.

MINUTES: Mayor Amezcua presented a certificate of recognition to the Elks Lodge for Outstanding Contributions to the Community and their generous donations of ballistic vests for K9 officers.

Mayor Pro Tem Lopez presented a certificate of recognition to Adriana Martinez and Alicia Rojas for Outstanding Contributions to the Community and thanked them.

Councilmember Penaloza presented a certificate of recognition to Ingardia Produce Inc. for their 50 year anniversary.

Councilmember Phan presented certificates of recognition to Silvestre Basilio Chamu, Eric Castelan, Timothy Pagano, and Monique Leon for Outstanding Contributions to the Community and going above and beyond the scope of duty.

City Council 4 – 4 1/16/2024
CITY COUNCIL 5 July 18, 2023

STAFF PRESENTATION

5. Homelessness Update
MINUTES: Homeless Services Division Manager Ken Gominsky provided a brief presentation.

Councilmember Hernandez requested staff’s next presentation include information on agencies geared in assisting with substance abuse issues.

Mayor Pro Tem Lopez spoke regarding the Statewide Study of People Experiencing Homelessness.

Mayor Amezcua thanked Senator Umberg and Assembly Member Valencia for their assistance in securing state funding to address homelessness in the City.

CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed Session.

MINUTES: City Attorney Sonia Carvalho reported that by a unanimous vote, Council approved the following settlements for Closed Session Item No. 1.

A. Marco Pescina v. City of Santa Ana, United States District Court, Central District of California, Case No. 8:20-cv-0178 CJC (DFMx) – Settlement amount of $95,000 B. Stephanie Avila v. City of Santa Ana, et al., Orange County Superior Court, Case No. 30-2020-01131418-CU-PO-CJC - Settlement amount of $375,000 C. Francisco Valencia v. City of Santa Ana, Orange County Superior Court, Case No. 30-2022-01246596-CU-PO-CJC - Settlement amount of $125,000 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: Mayor Amezcua addressed public comments received regarding Item No. 33 of the June 20, 2023 agenda pertaining to crossing guards.

City Clerk Jennifer L. Hall provided a brief update on the recall election certification resolution.

City Clerk Jennifer L. Hall reported out the summary of email comments received: seven (7) non-agenda comments, two (2) comments regarding Agenda Item No. 5, one (1) comment regarding Agenda Item No. 14, one (1) comment regarding Agenda Item No. 18, five (5) comments regarding Agenda Item No. 27, one (1) comment regarding Agenda Item No. 31, four (4) comments regarding Agenda Item No. 34, and 77 comments regarding Agenda Item No. 39.

The following speakers addressed Council via teleconference:

1. Bulmaro Vicente spoke in opposition to Agenda Item Nos. 34 and 39.

City Council 4 – 5 1/16/2024
CITY COUNCIL 6 July 18, 2023

2. Delilah Snell provided comments regarding downtown construction.

3. John Ramirez spoke in support of Agenda Item No. 39.

4. Martha, Riverview Association, spoke in support of Agenda Item No. 39.

5. Sandra Peña Sarmiento requested a new community center in the Pacific Park Community.

6. Victor Mendez thanked Parks and Recreation staff for assisting him when he suffered a medical emergency at the Juneteenth event and spoke regarding Agenda Item No.

39. 7. Victor Payan provided comments regarding the Cypress Fire Station and the proposed recall election against Mayor Pro Tem Lopez.

8. Ginnette Sanchez requested a follow up regarding the location of the Fiesta Patrias event.

9. Kelley Kraus-Lee spoke regarding Agenda Item No. 39.

The following speakers addressed Council in-person:

10. Thuy Luong (translation: Vietnamese) spoke in opposition to a recall election against Councilmember Phan and the City’s code enforcement process.

11.Michelle Cisneros commented on the Personnel Board and its duties.

12.Manuel Michael Pineda spoke regarding an incident he experienced with the Orange County Sheriff's Department in 2016.

13.Colin Gawranski spoke in opposition to short term rentals in the City.

14.Linda Kveen spoke in opposition to short term rentals in the City.

15.Dale Helvig provided comments regarding the MySantaAna app, street improvements, and in support of Agenda Item Nos. 34 and 39.

16.Lorena Vidaurri spoke in support of Agenda Item Nos. 32 and 39.

17.Sue Pallack spoke regarding homelessness in the City.

18.Fred Smoller provided comments regarding the Orange County Sustainability Decathlon and requested Council’s support in funding climate change action in Orange County.

19.Danny Vega spoke in support of Agenda Item No. 39.

City Council 4 – 6 1/16/2024
CITY COUNCIL 7 July 18, 2023

20.Selica Diaz spoke in support of the Parks and Recreation Department and requested Council reopen the digital library located in the Roosevelt Walker Community Center.

21.Ana Padilla requested the Fiestas Patrias event be held downtown not on Flower St.

22.Claudio Bornanchini spoke in support of Agenda Item No. 39.

23.Shawn Makhani spoke regarding the hardships downtown businesses are experiencing.

24.Frida Ramirez spoke in support of Agenda Item No. 39 and commented on Agenda Item No. 14.

25.Maribel Gomez (translation: Spanish) spoke regarding hardships downtown businesses are experiencing and requested the Fiestas Patrias event be held downtown.

26.Lupe Rincon spoke in support of Agenda Item No. 39.

27.Marcela Prado requested financial assistance for downtown businesses and that the Fiestas Patrias event be held downtown.

28.Lisa Tran spoke in support of Agenda Item No. 39.

29.Chris spoke in support of Agenda Item No. 39 and commented on his experiences with homeless individuals in the City.

30.Alba Bac (translation: Spanish) requested adjustable solid waste rates for churches.

31.David Ball spoke in support of Agenda Item No. 39.

32.Zoila Lubin provided comments regarding Summer Splash Camp and in support of Agenda Item No. 39.

RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 6 through 35.

MINUTES: At 9:16 P.M., Councilmember Vazquez pulled Agenda Item No. 13 for separate discussion and consideration and requested a brief comment on Agenda Item No. 31.

Mayor Pro Tem Lopez requested a brief comment on Agenda Item No. 31.

CONSENT CALENDAR
City Council 4 – 7 1/16/2024
CITY COUNCIL 8 July 18, 2023
Councilmember Hernandez requested a brief comment on Agenda Item Nos. 14 and 16 and pulled Agenda Item No. 31 for separate discussion and consideration.

Councilmember Bacerra pulled Agenda Item Nos. 14 and 18 for separate discussion and consideration.

Councilmember Phan recused herself from Agenda Item No. 14 as the listed entity is a client of her employer, Rutan and Tucker, and recorded a No vote on Agenda Item No.

34. Mayor Amezcua pulled Agenda Item Nos. 13, 14, and 31 for separate discussion and consideration.

MOTION: Councilmember Bacerra moved to approve staff recommendations on the following Consent Calendar Items: 6 through 35 with the exception of Agenda Item Nos. 13, 14, 18, and 31, seconded by Councilmember Penaloza.

The motion carried, 7-0, by the following roll call vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

COUNCILMEMBER BACERRA, COUNCILMEMBER

HERNANDEZ, COUNCILMEMBER PENALOZA,

COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ,

MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA
NONE
NONE
NONE
Status: 7 – 0 - Pass
MINUTES: At 9:27 P.M., Mayor Amezcua considered the agenda out of order and heard Item No. 39 after approval of the Consent Calendar (see Page No. 26).

39.Discuss and Consider Directing the City Manager to Have the Santa Ana Police Department Immediately Implement an Intoxication Detention and Service Offering Policy – Councilmember Bacerra
MINUTES: Councilmember Bacerra provided a summary of Agenda Item No. 39 and addressed public intoxication through detention and service offerings.

Councilmember Penaloza spoke in support of Agenda Item No. 39.

Councilmembers Vazquez and Hernandez spoke in opposition to Agenda Item No. 39.

Councilmember Phan requested additional information regarding the implementation of Agenda Item No. 39.

Mayor Pro Tem Lopez requested additional information regarding housing vouchers, rehabilitation services, mental health services, and transportation services.

City Council 4 – 8 1/16/2024
CITY COUNCIL 9 July 18, 2023
Mayor Amezcua spoke in support of Agenda Item No. 39.

6. Excused Absences
Department(s): City Clerk’s Office
Recommended Action: Excuse the absent members.

7. Minutes from the Regular Meeting of November 15, 2022, the Regular Meeting of December 6, 2022, and the Special Meeting of December 13, 2022.

Department(s): City Clerk’s Office
Recommended Action: Approve minutes.

8. Appoint Michael Chu Nominated by Councilmember Hernandez as the Ward 5 Representative to the Santa Ana 2018 Measure X Citizen Oversight Committee for a PartialTerm Expiring December 10, 2024
Department(s): City Clerk’s Office
Recommended Action: Appoint Michael Chu to the Santa Ana 2018 Measure X Citizen Oversight Committee as the Ward 5 representative and administer the Oath of Office.

MINUTES: Councilmember Hernandez administered the Oath of Office to Michael Chu.

9. Appoint Idalia RiosPacheco Nominated by Councilmember Vazquez as the Ward 2 Representative to the Community Development Commission for a PartialTerm Expiring December 8, 2026
Department(s): City Clerk’s Office
Recommended Action: Appoint Idalia Rios-Pacheco to the Community Development Commission as the Ward 2 representative and administer the Oath of Office. (Pursuant to SAMC Sec. 2-326(a) requires five affirmative votes)
MINUTES: City Clerk Jennifer L. Hall administered the Oath of Office to Idalia Rios-Pacheco.

10.Appoint Lorena Vidaurri Nominated by Councilmember Bacerra as the Ward 4 Representative to the Environmental and Transportation Advisory Commission for a FullTerm Expiring December 8, 2026
Department(s): City Clerk’s Office
Recommended Action: Appoint Lorena Vidaurri to the Environmental and Transportation Advisory Commission as the Ward 4 representative and administer the Oath of Office.

MINUTES: City Clerk Jennifer L. Hall administered the Oath of Office to Lorena Vidaurri.

City Council 4 – 9 1/16/2024
CITY COUNCIL 10 July 18, 2023

11.ReAppoint Various Boards and Commissions Members Nominated by Councilmember Bacerra as the Ward 4 Representatives for a FullTerm Expiring December 8, 2026
Department(s): City Clerk’s Office
Recommended Action: Re-appoint and administer Oaths of Office to:

1. Robyn MacNair - Arts and Culture Commission

2. Winston Covington – Community Development Commission

3. Alberta Christy – Historic Resources Commission

4. Cory Nelson – Parks, Recreation and Community Services Commission

5. Berenice Ballinas – Personnel Board

6. Nancy Lewis – Santa Ana 2018 Measure X Citizens’ Oversight Committee MINUTES: City Clerk Jennifer L. Hall administered the Oath of Office to Robyn MacNair, Winston Covington, and Berenice Ballinas.

12. Receive and File Memo to the City Council from the Personnel Board Department(s): Human Resources Department
Recommended Action: Receive and File Memo to the City Council from the Personnel Board.

13. Police Oversight Commission Informational Report Department(s): City Manager’s Office
Recommended Action: Accept informational report.

MINUTES: Council discussion ensured regarding the Police Oversight Commission informational report.

Councilmember Vazquez requested an updated timeline regarding the Police Oversight Commission.

Mayor Amezcua requested Council and Assistant Chief Rodriguez be provided a copy of the request for proposal.

MOTION: Mayor Amezcua moved to approve staff’s recommendation on Agenda Item No. 13, seconded by Councilmember Vazquez.

The motion carried, 7-0, by the following roll call vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

COUNCILMEMBER BACERRA, COUNCILMEMBER

HERNANDEZ, COUNCILMEMBER PENALOZA,

COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ,

MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA
NONE
NONE
NONE
Status: 7 – 0 - Pass
City Council 4 – 10 1/16/2024
CITY COUNCIL 11 July 18, 2023

14. Approve a precommitment of $2,021,319 in Homeless Housing, Assistance and Prevention funds, and eight (8) projectbased vouchers for Illumination Foundation for the development of the Intergenerational Housing Project located at 918 N. Bewley Street (Contingent upon approval of Housing Authority agenda item no. 3) Department(s): Community Development Agency
Recommended Action: Authorize the City Manager to execute a pre-commitment letter with the Illumination Foundation for $2,021,319 in Homeless Housing, Assistance and Prevention funds and eight (8) project-based vouchers for the development of the Intergenerational Housing Project located at 918 N. Bewley Street, Santa Ana, CA 92703, (APN 198-231-10), subject to non-substantive changes approved by the City Manager and City Attorney (includes determination that recommended action is exempt from review under the California Environmental Quality Act (CEQA) pursuant to Section 15194 (Affordable Housing Exemption), as this project meets all the required criteria as a 100-percent affordable/permanent supportive housing development).(Agreement No.

A2023133).

MINUTES: Councilmember Phan recused herself from Agenda Item No. 14 as the listed entity is a client of her employer, Rutan and Tucker
Councilmember Bacerra spoke in opposition to Agenda Item No. 14.

Mayor Amezcua spoke in opposition to Agenda Item No. 14, requested an increase in senior housing units, community outreach regarding the proposed project, informational flyers in Vietnamese, and alternative preschool options.

Community Development Director Mike Garcia and Housing Division Manager Judson Brown provided additional information regarding the proposed project and answered Council’s inquires.

MOTION: Mayor Pro Tem Lopez moved to approve staff recommendations on Agenda Item No. 14, seconded by Councilmember Hernandez.

SUBSTITUTE MOTION: Councilmember Penaloza moved to continue Agenda Item No. 14 to August 15, 2023, seconded by Mayor Amezcua.

SECOND SUBSTITUTE MOTION: Councilmember Penaloza moved to allow representatives from Illumination Foundation to address Council’s concerns, seconded by Mayor Pro Tem Lopez. Motion withdrawn.

City Council 4 – 11 1/16/2024
CITY COUNCIL 12 July 18, 2023
SUBSTITUTE MOTION: Councilmember Penaloza moved to continue Agenda Item No. 14 to August 15, 2023, seconded by Mayor Amezcua.

The substitute motion failed, 3-3-1-0, by the following roll call vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

COUNCILMEMBER BACERRA, COUNCILMEMBER

PENALOZA, MAYOR AMEZCUA

COUNCILMEMBER HERNANDEZ, COUNCILMEMBER

VAZQUEZ, MAYOR PRO TEM LOPEZ
COUNCILMEMBER PHAN (recusal)
NONE
Status: 3-3-1-0 - Fail
MOTION: Mayor Pro Tem Lopez moved to approve the recommended action for Item No. 14, seconded by Councilmember Hernandez.

The motion carried, 4-2-1-0, by the following roll call vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

COUNCILMEMBER HERNANDEZ, COUNCILMEMBER

PENALOZA, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM
LOPEZ

COUNCILMEMBER BACERRA, MAYOR AMEZCUA
COUNCILMEMBER PHAN (recusal)
NONE
Status: 4-2-1-0 - Pass

15. Amend the Blanket Order Contract with 1 Solorio, Inc., GDL Painters, Inc., Mear Construction, Inc., Prime Painting Contractors, Inc., and US National Corp. by Increasing the Annual Aggregate Amount Not to Exceed $1,500,000 for the Remainder of the Contract Term (Specification No. 20153) (General Fund and NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: Amend the blanket purchase order contracts with 1 Solorio, Inc., GDL Painters, Inc., Mear Construction, Inc., Prime Painting Contractors, Inc., and US National Corp. for painting services to increase the annual amount by $1,300,000, for a revised annual aggregate amount not to exceed $1,500,000, for the remainder of the current one-year term expiring March 15, 2024, and two one-year renewal periods, subject to non-substantive changes approved by the City Manager and City Attorney.

City Council 4 – 12 1/16/2024
CITY COUNCIL 13 July 18, 2023

16. Approve a Budget Reallocation and Award a Construction Contract to Onyx Paving Company, Inc. in the Amount of $5,204,000 for the Fremont Elementary and Spurgeon Intermediate Safe Routes to School Project, with an Estimated Project Delivery Cost of $6,505,000 (Project No. 206964) (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Authorize budget reallocation of $1,656,000 in unspent Roadway Maintenance and Rehabilitation Account (SB-1) from the Fairview Avenue Rehab, the South City Limit to Segerstrom Avenue, FY 2020-21 (No. 21-6978) Project to construction funds for the Fremont Elementary and Spurgeon Intermediate Safe Routes to School (Project No. 20-6964).

2. Award a construction contract to Onyx Paving Company, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $5,204,000, subject to change orders (not-to-exceed up to 25% of the base bid amount) in accordance with the Greenbook:

Standard Specifications for Public Works Construction, for construction of the Fremont Elementary and Spurgeon Intermediate Safe Routes to School Project, for a term beginning July 18, 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 $6,505,000, which includes $5,204,000 for the construction contract, $780,600 for contract administration, inspection and testing, and a $520,400 project contingency for unanticipated or unforeseen work.

4. Approve an amendment to the FY 2023-24 Capital Improvement Program to include $1,656,000 in unspent Road Maintenance and Rehabilitation Account (SB-1) funds.

5. 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-2020-32 was filed for the project.

MINUTES: Councilmember Hernandez provided a brief comment on Agenda Item No.16.

17. Award a Construction Contract to Onyx Paving Company, Inc. in the Amount of $1,672,000 for the Residential Street Repair Program FY 22/23, with an Estimated Project Delivery Cost of $1,783,257 (Project Nos. 237543 and 246700) (Non General Fund)
Department(s): Public Works Agency
Recommended Action: 1. Authorize the reallocation of unspent Measure M2 funds from various projects: $9,660 from Pavement Management Project No. 21-6898, $103,895 from Pavement Management Project No. 23-6898, $142,715 from Local Street Preventative Maintenance Project No. 18-6907, and $30,000 from City Wide Sewer Trench Repair PH II Project No. 22-6901, for a total of $286,270 to the Residential Street Repair Program Project No. 24-6700, completing the project’s funding requirement.

City Council 4 – 13 1/16/2024
CITY COUNCIL 14 July 18, 2023

2. Award a construction contract to Onyx Paving Company, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $1,672,000, 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 Residential Street Repair Program FY 22/23 Project, for the term beginning July 18, 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 $1,783,257, which includes $1,672,000 for the construction contract, $32,521 for contract administration, inspection, and testing, and a $78,736 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-20-23-70 was filed for the project.

18. Award a Construction Contract to Best Drilling and Pump, Inc. in the Amount of $2,978,524 for the Washington Well Improvements: Well Drilling (Phase 1), with an Estimated Project Delivery Cost of $3,432,274 (Project No. 196423) (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Award a construction contract to Best Drilling and Pump Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $2,978,524, subject to change orders (not-to-exceed 25% of the base bid) in accordance with the Greenbook: Standard Specifications for Public works Construction, for construction of the Washington Well Improvements: Well Drilling (Phase 1) Project, for the term beginning July 18, 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.

2. Approve the Project Cost Analysis for a total estimated construction delivery cost of $3,432,274 which includes $2,978,524 for the construction contract, $100,000 for contract administration, inspection, and testing, and a $353,750 project contingency for unanticipated or unforeseen work.

MINUTES: Councilmember Bacerra inquired with Public Works staff regarding an email Council received from prospective bidder, South West Pump and Drilling Inc.

Director of Public Works Nabil Saba addressed Council’s concerns regarding South West Pump and Drilling Inc.

City Council 4 – 14 1/16/2024
CITY COUNCIL 15 July 18, 2023
MOTION: Councilmember Bacerra moved to approve the recommended action for Item No. 18, seconded by Mayor Amezcua.

The motion carried, 7-0, by the following roll call vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

COUNCILMEMBER BACERRA, COUNCILMEMBER

HERNANDEZ, COUNCILMEMBER PENALOZA,

COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ,

MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA
NONE
NONE
NONE
Status: 7 – 0 - Pass

19. Approve an Appropriation Adjustment and Award a Construction Contract to M.S.

Construction Management Group in the Amount of $428,420 for the Project WBus Shelter, with an Estimated Project Delivery Cost of $535,525 (Project No. 226999) (General Fund)
Department(s): Public Works Agency
Recommended Action: 1. Approve an amendment to the FY 2023-24 Capital Improvement Program to include $282,053 in construction funds for the Project W-Bus Shelter (Project No. 22-6999).

2. Approve an appropriation adjustment recognizing $114,000 in FY 2023-24 in Senate Bill 1, Solutions for Congested Corridors Program (SCCP) grant funds in the Selected Street Construction, State Grants-Indirect revenue account, and appropriate the same amount to Select Street Construction, Improvements Other Than Building expense account. (Requires five affirmative votes)

3. Award a construction contract to M.S. Construction Management Group, the lowest responsible bidder, in accordance with the base bid in the amount of $428,420, subject to change orders (not-to-exceed 25% of the base bid) in accordance with the Greenbook:

Standard Specifications for Public Works Construction, for the construction of the Project W-Bus Shelter, for a term beginning July 18, 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 $535,525, which includes $428,420 for the construction contract, $42,842 for contract administration, inspection, and testing, and a $64,263 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-2021-182 was filed for the project.

City Council 4 – 15 1/16/2024
CITY COUNCIL 16 July 18, 2023

20. Approve Agreement with SYRUSA Engineering, Inc. to provide Preconstruction Engineering Services for the Fairview Bridge Replacement and Street Improvements from 9th Street to 16th Street in an Amount Not to Exceed $285,620 for a ThreeYear Term (Project No. 156827) (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute a consultant agreement with SYRUSA Engineering, Inc. to provide Preconstruction Engineering Services for the Fairview Bridge Replacement and Street Improvements from 9th Street to 16th Street in the amount of $259,659, with a contingency of $25,961, for a total amount not to exceed $285,620, for a three-year term beginning July 18, 2023, and expiring July 17, 2026, with an option for one two-year extension, subject to non- substantive changes approved by the City Manager and City Attorney (Agreement No. A-2023126).

21. Approve an Agreement with Cities Digital, Inc. to Provide Electronic Document Management System, Laserfiche Upgrade and Migration with Geographical Information System Integration in an Amount Not to Exceed $87,340 for up to a FiveYear Term (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute a consultant agreement with Cities Digital, Inc. to provide an Electronic Document Management System, Laserfiche Upgrade and Migration with Geographical Information System Integration in the amount of $76,600 for services and licensing, and $10,740 in contingency funds, for a total amount not to exceed $87,340 for a three-year term beginning July 18, 2023, and expiring July 17, 2026, with an option for two one-year extensions, subject to non-substantive changes approved by the City Manager and the City Attorney (Agreement No. A-2023127).

22. Approve Agreements with Communications LAB, CV Strategies, and Straightline Communications LLC for OnCall Consumer Confidence Report and Auxiliary Services in an Aggregate Amount Not to Exceed $900,000, for up to FiveYear Terms (RFP 23014) (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute an agreement with Communications LAB, CV Strategies, and Straightline Communications LLC to provide annual Consumer Confidence Report and Auxiliary Services on an as needed basis, in an aggregate amount not to exceed $900,000, for a three-year term beginning July 18, 2023 and expiring July 17, 2026 with an option for one, two-year extension, subject to non-substantive changes approved by the City Manager and City Attorney (Core Agreement No. A-2023128).

City Council 4 – 16 1/16/2024
CITY COUNCIL 17 July 18, 2023

23. Approve Agreement with Inland Moving and Storage Co., Inc. dba Burgess Moving and Storage to provide Moving and Storage Services for the Main Library Transformation Project and Newhope Library Renovation Project, in an Amount not to Exceed $223,924 (Specification No. 23058A) (General Fund and NonGeneral Fund) Department(s): Library
Recommended Action: Authorize the City Manager to execute an agreement with Inland Moving and Storage Co., Inc. dba Burgess Moving and Storage to provide moving and storage services for the Main Library Transformation Project and Newhope Library Renovation Project in an amount not to exceed of $223,924 including a 10% contingency amount of $20,357, for a term beginning July 18, 2023 and expiring December 31, 2025, with provision for one, one-year extension, subject to non-substantive changes approved by the City Manager and City Attorney (Agreement No. A-2023129).

24. Approve a Specialized Legal Services Agreement with Burke, Williams & Sorensen, LLP for a ThreeYear Term and Compensation nottoExceed $500,000 (General Fund) Department(s): City Attorney Office
Recommended Action: Authorize the City Manager to execute a legal services agreement with the law firm of Burke, Williams & Sorensen, LLP for litigation matters concerning the abatement of public nuisances for a three-year term to terminate June 30, 2026 and compensation in an amount not to exceed $500,000, subject to non- substantive changes approved by the City Manager and City Attorney (Agreement No. A-2023130).

25. Agreement with Sahuayo, Michoacán, Mexico to Establish a Sister City Relationship Department(s): City Manager Office
Recommended Action: Authorize the City Manager to execute an agreement with the City of Sahuayo de Ocampo, of the State of Michoacán of the United Mexican States to formalize the sister city relationship between the City of Santa Ana and the City of Sahuayo (Agreement No. A-2023131).

26. Adoption of a Memorandum of Understanding Establishing the Terms and Conditions of Employment for Classifications Represented by the Confidential Association of Santa Ana, effective July 1, 2022 through June 30, 2025, and adoption of a Resolution updating the salary schedule for Associated Unrepresented Classifications Department(s): Human Resources Department
Recommended Action: 1. Authorize the City Manager to execute a Memorandum of Understanding with the Confidential Association of Santa Ana (“CASA”) regarding wages, hours, and other terms and conditions of employment effective July 1, 2022 through June 30, 2025 and authorize non-substantive changes which may be necessary to implement the agreement (Agreement No. A-2023132).

2. Approve a Resolution updating the salary schedule for associated unrepresented classifications.

City Council 4 – 17 1/16/2024
CITY COUNCIL 18 July 18, 2023
RESOLUTION NO. 2023039 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

27. Adopt a Resolution of Intent to Vacate the portion of Public Right of Way Adjacent to 2383 North Flower Street, Abandonment 2201
Department(s): Public Works Agency
Recommended Action: Adopt a resolution which declares the City’s intent to vacate a portion of public right of way adjacent to Flower Street and sets a public hearing for August 15, 2023.

RESOLUTION NO. 2023040 entitled A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF SANTA ANA DECLARING ITS INTENTION TO VACATE A PORTION OF A PUBLIC RIGHT-OF-WAY EASEMENT ADJACENT TO 2383 NORTH FLOWER STREET (ABANDONMENT NO. 2023-01)

28. Adopt a Resolution to Authorize the Submittal of a Grant Application to the State of California, Land And Water Conservation Program for a New Park at 10th and Flower Streets (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Adopt a resolution authorizing the submittal of a grant application to the State of California Department of Parks and Recreation, to request funding through the Land and Water Conservation Program for the development of a new park at 10th and Flower Streets.

RESOLUTION NO. 2023041 entitled A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF SANTA ANA APPROVING THE APPLICATION FOR THE LAND AND WATER CONSERVATION FUND FOR THE NEW PARK AT 10TH AND FLOWER STREET

PROJECT

29. Adopt a Resolution to Authorize the Submittal of a Grant Application to the State of California, Recreational Trails Program for the Pacific Electric (Maple Street) Bike Trail Restoration (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Adopt a resolution authorizing the submittal of a grant application to the State of California Department of Parks and Recreation, to request funding through the Recreational Trails Program Application for the Pacific Electric (Maple Street) Bike Trail improvements, which includes installation of new lighting, signage, and mile markers.

RESOLUTION NO. 2023042 entitled A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF SANTA ANA APPROVING THE SUBMITTAL OF A GRANT APPLICATION TO

THE STATE OF CALIFORNIA RECREATIONAL TRAILS PROGRAM FOR PACIFIC

ELECTRIC (MAPLE STREET) BIKE TRAIL IMPROVEMENTS
City Council 4 – 18 1/16/2024
CITY COUNCIL 19 July 18, 2023

30. Adopt a Resolution to Authorize the Submittal of a Grant Application to the State of California, Habitat Conservation Fund for Santiago Park Trail and Habitat Restoration (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Adopt a resolution authorizing the submittal of a grant application to the State of California Department of Parks and Recreation, to request construction funding through the Habitat Conservation Fund for Santiago Park Trail and Habitat restoration.

RESOLUTION NO. 2023043 entitled A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF SANTA ANA APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE

HABITAT CONSERVATION FUND PROGRAM FOR SANTIAGO PARK TRAIL AND

HABITAT RESTORATION

31. Police Officer Hiring Bonus Program
Department(s): Police Department
Recommended Action: Adopt a resolution approving the continuation of the Police Officer Hiring Bonus program in a total amount not to exceed $600,000 offering $10,000 per officer, $15,000 for an officer with a Bachelor’s degree, or $15,000 for an officer who is a military veteran, and up $20,000 for an officer who is a military veteran with a Bachelor’s degree.

RESOLUTION NO. 2023044 entitled A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF SANTA ANA APPROVING A POLICE OFFICER HIRING BONUS PROGRAM FOR POLICE OFFICER APPLICANTS IN AN AMOUNT NOT TO EXCEED $600,000 MINUTES: Mayor Pro Tem Lopez requested the $15,000 hiring bonus be awarded to candidates with a Masters degree rather than a Bachelors degree.

Councilmember Hernandez provided comments and spoke in opposition to Agenda Item No.

31. Councilmember Bacerra provided comments and spoke in support of Agenda Item 31.

Mayor Amezcua provided comments and spoke in support of Agenda Item 31.

MOTION: Councilmember Penaloza moved to approve the recommended action for Item No. 31, seconded by Councilmember Bacerra.

The motion carried, 5-1-0-1 by the following roll call vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

COUNCILMEMBER BACERRA, COUNCILMEMBER PENALOZA,

COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ,

MAYOR AMEZCUA

COUNCILMEMBER HERNANDEZ
NONE

MAYOR PRO TEM LOPEZ
Status: 5-1-0-1 - Pass
City Council 4 – 19 1/16/2024
CITY COUNCIL 20 July 18, 2023

32. Adopt a Resolution Authorizing the Investment of Monies in the California CLASS Prime Fund
Department(s): Finance and Management Services
Recommended Action: Adopt a Resolution Authorizing the Investment of Monies in the California CLASS Prime Fund.

RESOLUTION NO. 2023045 entitled A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF SANTA ANA AUTHORIZING INVESTMENT OF MONIES IN THE CALIFORNIA

CLASS PRIME FUND

33. Resolution of Denial Regarding Conditional Use Permit No. 202309 (Mariscos Hector ABC License) for the Property Located at 1208 East McFadden Avenue Department(s): Planning and Building Agency
Recommended Action: Adopt a resolution documenting City Council denial of Conditional Use Permit No. 2023-09 (Mariscos Hector ABC) for the property located at 1208 East McFadden Avenue.

RESOLUTION NO. 2023046 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DENYING CONDITIONAL USE PERMIT NO. 2023-09 AS

CONDITIONED TO ALLOW SALE OF DISTILLED SPIRITS IN ADDITION TO EXISTING

BEER AND WINE SALES FOR ON-PREMISES CONSUMPTION AT MARISCOS HECTOR SPORTS GRILL LOCATED AT 1208 EAST MCFADDEN AVENUE

34. Second Reading of Ordinance Amendment No. 202303 to Exempt Certain Parcels Identified by the City from the Requirements of Assembly Bill 2011 and Senate Bill 6 Pursuant to California Government Code Sections 65912.114, 65912.124, and 65852.24
First reading at the June 20, 2023 City Council meeting, approved by a vote of 6-1 (Phan dissenting).

Published in the Orange County Reporter on July 7, 2023.

Department(s): Planning and Building Agency
Recommended Action: Conduct a second reading of Ordinance Amendment No. 2023-03 approving: 1) an uncodified ordinance of the City Council of the City of Santa Ana exercising its retention of local land use control pursuant to California Government Code sections 65912.114(i) and 65912.124(i) and exempting certain parcels from California Government Code sections 65912.114 and 65912.124; and
2) an uncodified ordinance of the City Council of the City of Santa Ana exercising its retention of local land use control pursuant to California Government Code Sections 65852.24(e) and exempting certain parcels from California Government Code Sections 65852.24.

City Council 4 – 20 1/16/2024
CITY COUNCIL 21 July 18, 2023
ORDINANCE NO. NS3047 entitled AN UNCODIFIED ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF SANTA ANA EXERCISING ITS RETENTION OF LOCAL LAND

USE CONTROL PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTIONS 65912.114(i) AND 65912.124(i) AND EXEMPTING CERTAIN PARCELS FROM CALIFORNIA GOVERNMENT CODE SECTIONS 65912.114 AND 65912.124 BASED UPON WRITTEN FINDINGS (includes determination that adoption of the ordinance is statutorily exempt from the California Environmental Quality Act pursuant to California Government Code sections 65912.114(o) and 65912.124(o)).

ORDINANCE NO. NS3048 entitled AN UNCODIFIED ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF SANTA ANA EXERCISING ITS RETENTION OF LOCAL LAND

USE CONTROL PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 65852.24(e) AND EXEMPTING CERTAIN PARCELS FROM CALIFORNIA GOVERNMENT CODE SECTION 65852.24 BASED UPON WRITTEN FINDINGS (includes determination that adoption of the ordinance is statutorily exempt from the California Environmental Quality Act pursuant to California Government Code section 65852.24(h)).

MOTION: Councilmember Bacerra moved to approve the recommended action for Item No. 34 as part of the Consent Calendar, seconded by Councilmember Penaloza.

The motion carried, 6-1, by the following roll call vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

COUNCILMEMBER BACERRA, COUNCILMEMBER

HERNANDEZ COUNCILMEMBER PENALOZA,

COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ

MAYOR AMEZCUA

COUNCILMEMBER PHAN
NONE
NONE
Status: 6-1 - Pass

35. Ordinance Second Reading: Adoption of Ordinance for the addition of two positions for residents aged fiftyfive (55) years and older on the Parks, Recreation, and Community Services Commission.

First reading at the June 20, 2023 City Council meeting, approved by a vote of 7-0.

Published in the Orange County Reporter on July 7, 2023.

Department(s): Parks, Recreation, and Community Services Recommended Action: Place ordinance on second reading and adopt amending the Santa Ana Municipal Code Chapter 2, Article IV, Division 4, Section 2-333 to add two positions for residents aged fifty-five (55) years and older on the Parks, Recreation, and Community Services Commission.

City Council 4 – 21 1/16/2024
CITY COUNCIL 22 July 18, 2023
ORDINANCE NO. NS3049 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SANTA ANA MUNICIPAL CODE SECTION 2-333

RELATING TO MEMBERSHIP OF THE PARKS, RECREATION, AND COMMUNITY SERVICES COMMISSION (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 result in a direct or reasonably foreseeable indirect physical change to 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).
**END OF CONSENT CALENDAR**

36.Designate a Voting Delegate and Up to Two Alternates for League of California Cities (Cal Cities) 2023 Annual Conference General Assembly
Department(s): City Clerk’s Office
Recommended Action: Designate a voting delegate and up to two alternates for the Cal Cities Annual Conference General Assembly on Friday, September 22, 2023.

MINUTES: Mayor Amezcua nominated Councilmember Bacerra as the voting delegate for the Cal Cities Annual Conference General Assembly, seconded by Councilmember Phan.

Councilmember Bacerra nominated Mayor Amezcua as the alternate for the Cal Cities Annual Conference General Assembly, seconded by Councilmember Phan.

MOTION: Councilmember Phan moved to appoint Councilmember Bacerra as the voting delegate and Mayor Amezcua as the alternate for the Cal Cities Annual Conference General Assembly, seconded by Councilmember Bacerra.

The motion carried, 6-0-0-1, by the following roll call vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

COUNCILMEMBER BACERRA, COUNCILMEMBER

HERNANDEZ, COUNCILMEMBER PENALOZA,

COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ,

MAYOR AMEZCUA
NONE
NONE

MAYOR PRO TEM LOPEZ
Status: 6-0-0-1 - Pass

BUSINESS CALENDAR
City Council 4 – 22 1/16/2024
CITY COUNCIL 23 July 18, 2023

37. Review and Consider Amending City Council Meetings Rules and Procedures Including Teleconference Options
Department(s): City Clerk’s Office and City Attorney’s Office Recommended Action:

1. Adopt a resolution amending the rules and procedures for City Council meetings to change the time of regular meetings, update the rules of procedure, clarify decorum regulations, and address teleconferencing.

2. Approve a revised Teleconferencing Policy (with or without provisions for AB 2449).

3. Provide direction to staff regarding the continued use of Zoom/teleconferencing for public participation in City Council meetings.

RESOLUTION NO. 2023037 entitled A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF SANTA ANA AMENDING THE COUNCIL RULES AND PROCEDURES TO

CHANGE THE TIME OF REGULAR MEETING, UPDATE THE RULES OF PROCEDURE,

CLARIFY DECORUM REGULATIONS, AND ADDRESS TELECONFERENCING, AND REPEALING RESOLUTION NO. 2013-019
MINUTES: City Clerk Jennifer L. Hall provided a brief summary of Agenda Item No. 37.

Councilmember Phan proposed the following amendments and requested teleconference participation be permitted.
• Section 2-6, be amended from super majority to four votes. • 5(C) of the resolution amended to include language stating the Mayor or presiding officer’s ability to increase speaking time and should the Mayor or presiding officer decrease speaking time, the Council maintains the ability to adjust speaking time via a motion with a majority vote.
• Section 5(D) - Increase the initial presentation time from (10) minutes to up to (20) minutes and remove the (5) minute rebuttal time period. • 5(F) - amend “may direct” to “may request.”
• Amend the Teleconferencing Policy to include AB2449 as an option and require audio and visual participation for closed session.

Councilmember Penaloza requested clarification regarding the proposed resolution Section 2(B) and requested the language be amended to clarify the Mayor's absence.

He spoke in opposition to continuing to allow public comments via Zoom and teleconference.

Councilmember Vazquez spoke in support of continuing to allow public comments via Zoom and teleconference.

Mayor Pro Tem Lopez spoke in support of continuing to allow public comments via teleconference and Councilmember Phan’s proposed amendment to sections 2-6, 5-C, and 5-F.

City Council 4 – 23 1/16/2024
CITY COUNCIL 24 July 18, 2023
Councilmember Bacerra spoke in support of continuing to allow public comments via teleconference and requested the following language be added:
• Section 2(A) - regular meetings of the City Council shall be convened in the Council Chamber or as noted on the agenda and at the time specified in the agenda. • Section 2(D) - all meetings are scheduled to terminate at 11:59 P.M. on the same day that the meeting began.
• Replace 12:00 A.M. to 11:59 P.M. on the same day at various portions of the resolution.
• Teleconferencing Policy Section 3(C) 4 - include a disclosure for anyone present in the room regardless of their age.

Councilmember Hernandez spoke in support of the proposed amendments and requested the meeting end time be amended to 11:00 P.M.

Mayor Pro Tem Lopez suggested the regular closed session meeting time be set to 4:00 P.M.

MOTION: Moved by Councilmember Phan moved to approve the recommended action for Item No. 30 as amended, approve the Teleconferencing Policy with AB2449, and maintain the allowance of public comments via Zoom, seconded by Councilmember Hernandez.

The motion carried, 7-0, by the following roll call vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

COUNCILMEMBER BACERRA, COUNCILMEMBER

HERNANDEZ, COUNCILMEMBER PENALOZA,

COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ,

MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA
NONE
NONE
NONE
Status: 7 – 0 - 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.

38. Recovery of Uncollected Costs for Abatement of Dangerous and Abandoned Buildings
Legal Notice published in the Orange County Reporter on July 7, 2023 and notices mailed on July 6, 2023.

Department(s): Planning and Building Agency
City Council 4 – 24 1/16/2024
CITY COUNCIL 25 July 18, 2023
Recommended Action: Adopt a resolution affirming the Fiscal Year 2022-2023 Dangerous and Abandoned Building Program Report and authorize the transmittal of uncollected charges incurred by the City related to the abatement of dangerous and abandoned buildings to the office of Auditor-Controller, County of Orange.

RESOLUTION NO. 2023-048 entitled A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF SANTA ANA CONFIRMING THE COSTS OF SECURING AND/OR DEMOLITION OF VARIOUS STRUCTURES DECLARED TO BE PUBLIC NUISANCES; MAKING, CONFIRMING AND LEVYING ASSESSMENTS FOR SUCH COSTS; AND ORDERING SUCH COSTS TO BE RECORDED WITH THE ORANGE COUNTY RECORDER’S OFFICE (includes determination that recommended action is exempt from review under the California Environmental Quality Act (CEQA) pursuant to section 15061(b)(3) and (b)(5) of the CEQA guidelines as amended as the adoption of this resolution authorizes an administrative action and will not result in a direct or reasonable foreseeable indirect physical change in the environment and there is no possibility it will have a significant effect on the environment)
MINUTES: Mayor Amezcua opened the public hearing at 11:57 P.M.

The following speaker addressed Council in person:

1. Ed Danoff spoke in opposition to Agenda Item No. 38.

City Clerk Jennifer L. Hall reported that one (1) email comment regarding Agenda Item No. 38 was received and distributed to the Council.

Planning and Building Director Minh Thai provided a brief presentation on Agenda Item No. 8.

Mayor Amezcua closed the public hearing at 11:59 P.M.

MOTION: Moved by Councilmember Hernandez to approve the recommended action for Public Hearing Agenda Item No. 38, seconded by Mayor Amezcua.

The motion carried, 7-0, by the following roll call vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

COUNCILMEMBER BACERRA, COUNCILMEMBER

HERNANDEZ, COUNCILMEMBER PENALOZA,

COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ,

MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA
NONE
NONE
NONE
Status: 7 – 0 - Pass
City Council 4 – 25 1/16/2024
CITY COUNCIL 26 July 18, 2023

COUNCILMEMBER REQUESTED ITEMS

39. Discuss and Consider Directing the City Manager to Have the Santa Ana Police Department Immediately Implement an Intoxication Detention and Service Offering Policy – Councilmember Bacerra
MINUTES: At 10:21 P.M., Mayor Amezcua considered the agenda out of order and heard Agenda Item No. 39 after the balance of the consent calendar. (See page No. 7) At 12:04 A.M. on July 19, 2023, Mayor Amezcua recessed the City Council to consider the Housing Authority agenda and reconvened at 12:06 A.M.

MOTION: Councilmember Hernandez moved to adjourn the meeting per the newly approved rules and procedures resolution, seconded by Mayor Amezcua.

SUBSTITUTE MOTION: Councilmember Penaloza moved to continue the meeting and consider the remainder of the agenda, seconded by Councilmember Phan.

The substitute motion carried, 4-3, by the following roll call vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

COUNCILMEMBER PENALOZA, COUNCILMEMBER

PHAN, COUNCILMEMBER VAZQUEZ, MAYOR PRO

TEM LOPEZ

COUNCILMEMBER BACERRA, COUNCILMEMBER

HERNANDEZ, MAYOR AMEZCUA
NONE
NONE
Status: 4-3 - Pass

CITY MANAGER COMMENTS
MINUTES: City Manager Kristine Ridge provided comments on Fiestas Patrias and announced her appointment to the Orange County Commission to End Homelessness as the Central Orange County representative.

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. July 11-13, 2023 Mayor Amezcua, Mayor Pro Tem Lopez, Councilmembers Penaloza and Vazquez – NALEO Annual Conference in New York, NY
MINUTES: Councilmember Vazquez disclosed his attendance at the NALEO Annual Conference in New York., stated that he would be hosting a rent control workshop in the near future, and announced a free concert in the Rosita Park neighborhood on July 20, 2023 at 5:00 P.M. and a community bike ride event on July 21, 2023 at 6:00 P.M.

City Council 4 – 26 1/16/2024
CITY COUNCIL 27 July 18, 2023
Mayor Pro Tem Lopez requested the meeting be adjourned in memory of Tania Valencia.

She spoke of the importance of adhering to the speed limit, disclosed her attendance at the NALEO Annual Conference in New York, and provided comments regarding the recall petition funding approved by Council. She announced a tree planting event in Portola Park in July.

Councilmember Penaloza disclosed his attendance at the NALEO Annual Conference in New York and thanked the community for their participation.

Councilmember Hernandez requested the meeting be adjourned in memory of Helen Romero Reyna.

Councilmember Bacerra announced the 134th anniversary of the City of Santa Ana serving as the county seat and requested the meeting be adjourned in memory of Robert McCalla and Kim Sinclair.

Councilmember Phan congratulated the Garden Grove School District for their new athletic facilities. She commented on the recent Metropolitan Water District three city’s meeting and thanked staff for their assistance with the second Vietnamese Business Forum. She commented on illegal fireworks and announced the upcoming concert on July 20, 2023 at 5:30 P.M. at Rosita Park and National Night Out on August 1, 2023 at 4:00 P.M.

Mayor Amezcua requested the meeting be adjourned in memory of Molly Doughty. She announced her Coffee with the Mayor event would be on July 22, 2023 and thanked City staff for their hard work.

ADJOURNMENT – Adjourn the City Council meeting.

MINUTES: Mayor Amezcua adjourned the City Council at 12:26 A.M. on July 19, 2023.

Adjourn in memory of:

Robert McCalla
Helen Romero Reyna
Kim Sinclair
Molly Doughty
Tania Valencia
Respectfully submitted:
___________________________
Jennifer L. Hall, CMC
City Clerk
City Council 4 – 27 1/16/2024
Community Development Agency
www.santa-ana.org/community-development
Item # 5
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
January 16, 2024
TOPIC: Appointments to the Santa Ana Workforce Development Board

AGENDA TITLE
Appointments to the Santa Ana Workforce Development Board

RECOMMENDED ACTION
Appoint Natasha Milatovich (replacing Bridget Kavanaugh) for a partial four-year term expiring May 31, 2024 and Mat Garcia (replacing Andy Wadhera) for a partial four-year term expiring May 31, 2026 to the Santa Ana Workforce Development Board.

GOVERNMENT CODE §84308 APPLIES: No

DISCUSSION
On May 17, 2016, the City Council adopted Resolution 2016-031 establishing the Santa Ana Workforce Development Board (WDB) and appointed 25 members. In accordance with the federal Workforce Innovation and Opportunity Act (WIOA) Section 107(b)(2)(AD), a local WDB board will consist of representatives from specific categories, and the number of members in each category will be proportionally determined based on total membership. Additionally, there is a requirement to maintain over 50% representation from the local business sector. WDB members are appointed by City Council under the categories of membership, prescribed by law, as follows:

Type Number of Members
Representatives from local businesses 13 members
Representatives from labor, labor
registered apprenticeship, and/or
community-based organization)
5 members
Representatives from local education
institutions
3 members
Representative from government entities
(Dept. of Rehabilitation, Social Services
Agency, EDD, and Economic
Development)
4 members
Two representatives from local area businesses are recommended for appointment. Ms.

Natasha Milatovich, Senior Vice President, Chief Human Resources Officer with City Council 5 – 1 1/16/2024
Appointments to the Santa Ana Workforce Development Board January 16, 2024

Page 2 ends

AltaMed, to be appointed for a partial term expiring May 31, 2024. She will replace Bridget Kavanaugh who resigned due to change of employment (Exhibit 1). The second is Mr. Mat Garcia, Head of Business Operations with Overair, Inc. Mr. Garcia is recommended to be appointed for a partial term expiring May 31, 2026 to replace Andy Wadhera who resigned due to relocating out of the area (Exhibit 2).

The appointees will represent the category of local area businesses on the WDB as required in the WIOA federal law and regulations.

FISCAL IMPACT
No fiscal Impact associated with this action.

EXHIBIT(S)

1. Resume – Natasha Milatovich

2. Resume – Mat Garcia
Submitted By: Michael L. Garcia, Executive Director of Community Development Approved By: Tom Hatch, Interim City Manager
City Council 5 – 2 1/16/2024
NATASHA MILATOVICH, Ed. D., MBA, MHRM, SHRM-SCP
[email protected] • www.linkedin.com/in/natashamilatovich/

SUMMARY
A highly accomplished and solutions-oriented HUMAN RESOURCES EXECUTIVE with multifaceted experience in employee engagement and retention, talent acquisition, total rewards, program management, training and development, process improvement, mergers and acquisitions, leadership development, and succession planning. Successful track record of bringing contemporary approach to HR strategies, resulting in retention of key top talent and saving millions of dollars.

Applies an innovative approach to finding and recruiting talent through pipelining, workforce planning, and staffing strategies to address labor shortages. Leverages exemplary leadership and communication skills to maximize HR objectives and transform and optimize organizational cultures.

KEY ACCOMPLISHMENTS
People
• Led high-performing people strategy, with focus on attracting and retaining critical healthcare talent. • Championed shared governance programs—developing and promoting frontline clinicians in leadership roles. • Created employee-centric and innovative atmosphere that resulted in increased employee engagement and retention. • Served as leader and champion of Patient-Centered Care programs.

Leadership
• Led efforts to competitively position organization as employer of choice, ensuring higher recruitment rates in competitive healthcare environment.
• Implemented HR technology allowing organization to streamline processes and provide improved service to associates. • Completed collective bargaining strategy and negotiations in several acquired facilities. • Experienced in cross-functional collaboration, conflict resolution, and consensus building. • Developed and grew talent by implementing leadership development, mentoring, and succession planning programs.

Organizational Development
• Elevated key areas of HR strategic planning, succession planning, training and development, employee relations, total rewards, and talent acquisition.
• Saved organization substantial amounts by implementing education and strategies for proactive and thorough approach to employee and labor relations.
• Led successful reorganizations and integrations with mergers and acquisitions. • Promoted employee understanding of programs and policies, thus creating transparent communication throughout organization.

Innovation
• Integrated approach to associates’ physical, mental, financial, and social health through introduction of mental health and wellness tools and programs for all healthcare professionals. • Created work/life integration vs. work/life balance strategies, resulting in increased workforce retention. • Designed and executed voluntary retirement programs in lieu of targeted reductions, saving organization $500,000. • Initiated rounding "app" for accountability in executive rounding process.

EXPERIENCE
ALTAMED HEALTH SERVICES Commerce, California
SVP, Chief Human Resources Officer …………………………………………………………………………………………………………………2023-present • Providing strategic leadership and guidance to the HR function by overseeing talent acquisition, total rewards, talent management, workforce development, HR IS, employee health and wellness and HR business operations.

ADVENTIST HEALTH SYSTEM Roseville, California
System Human Resources Executive........................................................................................................................................2020-2023 • Oversaw 37,000 associates on West Coast and Hawaii, including on-site, remote, and hybrid employees, physicians, and allied health professionals in inpatient and outpatient settings in both rural and urban communities. • Led HR strategic plan that resulted in turnover reduction and saving system $24M. • Developed programs and supported executive and system-wide leadership during COVID. • Facilitated transformation of on-site workforce to flexible models of remote and hybrid work.

EXHIBIT 1
City Council 5 – 3 1/16/2024
Natasha Milatovich, Ed. D., M.B.A., M.H.R.M., Page 2
ADVENTIST HEALTH SYSTEM Roseville, California
Southern California Regional Human Resources Vice President ................................................................................... 2015-2020 • Provided HR leadership for 9,000 employees across Southern California region. • Led organizational transformational change from traditional Human Resources model to shared services model that resulted in streamlined HR services and operational efficiency.

WHITE MEMORIAL MEDICAL CENTER Los Angeles, California
Vice President, Human Resources.............................................................................................................................................2012-2015 Assistant Vice President, Human Resources ..........................................................................................................................2010-2012 Director, Human Resources ....................................................................................................................................................... 2005-2010 • Developed high-performing HR systems aligned with culture and strategy of organization, resulting in top-decile engagement and turnover rates.
• Led in compensation, recruitment well-being, benefits, recognition, and development, leading to optimal organizational performance.

ADDITIONAL EXPERIENCE
GLENDALE ADVENTIST MEDICAL CENTER, Glendale, California, Employment Manager, 2003-2005.

GLENDALE ADVENTIST MEDICAL CENTER, Glendale, California, Recruiter, 1996-2003.

EDUCATION
PEPPERDINE UNIVERSITY SCHOOL OF EDUCATION AND PSYCHOLOGY • Los Angeles, California Ed. D. • Organizational Leadership
KELLER GRADUATE SCHOOL OF MANAGEMENT • Sherman Oaks, California M.B.A. • Master of Business Administration
M.H.R.M. • Master of Human Resources Management
PACIFIC UNION COLLEGE • Angwin, California
B.A. • Business

CERTIFICATIONS
Senior Certified Professional (SHRM-SCP)
Korn Ferry Certified Leadership Architect
Gallup Certified Strengths Coach

AFFILIATIONS
American Society for Healthcare Human Resources Administration (ASHHRA) Southern California Association for Health Care Recruitment (SCAHCR) California Hospital Association - Statewide HR Advisory Board Society of Human Resource Managers (SHRM)

PUBLICATION
American Healthcare Leader: “Why Natasha Milatovich Does Not Believe in Work/Life Balance?” (Silver, November 2018) EXHIBIT 1
City Council 5 – 4 1/16/2024
Mat Garcia Head of Business Operations at Overair, Inc.

Professional Bio:

With over 15 years of diverse experience spanning engineering, manufacturing, and business disciplines, Mat Garcia is a seasoned professional with a genuine passion for making a meaningful impact. Holding a strong dedication to family and community engagement, he strives to give back and leave a lasting positive mark.

Currently serving as the Head of Business Operations at Overair, Inc. in Santa Ana, CA since January 2020, he leads a dynamic team of 16 individuals responsible for various critical functions, including administration, information technology, human resources, quality assurance, security, and facilities maintenance. Overair, Inc. is a pioneering startup at the forefront of urban aerial mobility, developing an innovative all-electric vertical takeoff and landing 5-passenger aircraft. As a member of the company since day one, he has played a pivotal role in its remarkable growth, helping grow it from just 5 to an impressive 180 employees. To date, the company has secured $170 million in venture-backed funding through Series-B.

Prior to Overair, Mat spent a decade at Karem Aircraft, Inc. in Lake Forest, CA, where he held various influential roles in engineering, manufacturing, quality assurance, IT, and administration.

He held key positions such as Head of Administration, QA, and Infrastructure, Quality Assurance Manager, Mechanical Engineering Manager, and Integration Engineer. He was part of a passionate and ambitious team committed to advancing next-generation tilt-rotor aircraft and related technologies for the US Department of Defense.

Mat began his career at The Boeing Company as a flight test engineer, focusing on the A-160 Hummingbird, a groundbreaking autonomous helicopter where he focused on developing autonomous aerial cargo resupply for the Marine Corps.

Educationally, Mat holds a master's degree in mechanical and aerospace engineering with a specialization in flight control systems, earned in 2009. He also has a bachelor’s degree in aerospace engineering obtained in 2007.

Beyond his professional endeavors, Mat is an active community member, serving as the President of the Harbor Soaring Society, a 501(c)(3) non-profit organization focused on model aviation and youth exploration in aviation related careers. He actively engages in park restoration events, volunteers with the Victoria Elementary PTA, coaches youth sports teams, and passionately supports STEAM outreach activities for the youth in the community. His love for the outdoors, nature, and family camping adds to his well-rounded and community-focused life.

Connect with Mat Garcia to learn more about his extensive experience, innovative mindset, and commitment to building a better future for both the aerospace industry and the community.

EXHIBIT 2
City Council 5 – 5 1/16/2024
Finance and Management Services
www.santa-ana.org/finance
Item # 6
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
January 16, 2024
TOPIC: Fiscal Year 2022-23 Annual Comprehensive Financial Report, Related Audit Reports, and Measure X Agreed-Upon-Procedures Report

AGENDA TITLE
Receive and File: Fiscal Year 2022-23 Annual Comprehensive Financial Report, Related Audit Reports, and Measure X Agreed-Upon-Procedures Report.

RECOMMENDED ACTION
Receive and file the following audited and separately issued reports for the Fiscal Year Ended June 30, 2023:

1. The Auditor’s unmodified “clean” opinion letter for the fiscal year 2022-23 Audited Financial Statements included in the Annual Comprehensive Financial Report (ACFR)

2. Government Auditing Standards (GAS) Letter

3. Governance Letter

4. Air Quality Management District (AQMD) Audited Financial Statements

5. The Auditor’s report on the Appropriations Limit (GANN Limit)

6. The Auditor’s report on compliance with the Statement of Investment Policy

7. Measure X Agreed-Upon-Procedures Report
GOVERNMENT CODE §84308 APPLIES: No

DISCUSSION
The Finance and Management Services Agency’s Accounting Division (Accounting Division) is the lead on various audit and separately issued reports compiled and prepared by the City’s Independent Auditor, CliftonLarsonAllen LLP (CLA). Outlined below is a list of the reports and related status.

AUDIT REPORTS
Audited Financial Statements – Annual Comprehensive Financial Report for the Fiscal Year Ended June 30, 2023
Annually, the Accounting Division prepares an ACFR, which includes the City’s audited financial statements and statistical information for each fiscal year. The ACFR is prepared in accordance with the Generally Accepted Accounting Principles (GAAP) along with the reporting requirements of the Governmental Accounting Standards Board City Council 6 – 1 1/16/2024
Fiscal Year 2022-23 Annual Comprehensive Financial Report, Related Audit Reports, and Measure X Agreed-Upon-Procedures Report
January 16, 2024

Page 2 ends

(GASB). The City’s independent public accounting firm, CLA, audits the financial statements, reviews other financial items at the City’s request, and issues reports.

The Accounting Division is pleased to report that the City received an unmodified opinion commonly known as a clean opinion; which is considered the most favorable conclusion for the audit. The unmodified opinion indicates that the City’s financial statements present fairly, in all material respects, the financial position of the City, changes in financial position, and cash flows for the fiscal year ended June 30, 2023 (Exhibit 1).

The ACFR for the fiscal year ended June 30, 2023 is posted and available on the City’s website (https://www.santa-ana.org/financial-reports) along with prior fiscal years. The report was submitted to the Government Finance Officer Association’s Certificates of Achievement for Excellence in Financial Reporting Program. The award is the highest form of recognition in governmental accounting and financial reporting. The City has received this prestigious award for forty-five consecutive years.

In addition to the audit opinion, CLA issued the following communication letters:

Government Auditing Standards (GAS) Letter (Exhibit 2)
Auditor’s communication of reportable conditions based on their review of the City’s internal controls over financial reporting and on compliance. The results of their review disclosed no instances of noncompliance for the fiscal year 2022-23.

Governance Letter (Exhibit 3)
Formal communication from the auditor to the City Council, which discloses information related to the audit, including but not limited to the City’s accounting practices and implementation of new accounting rules and estimates.

Audit of the City’s Air Quality Management District (AQMD) Financial Statements (Exhibit 4)
Under Assembly Bill 2766 Chapter 1705 [California Health and Safety Code (CHSC) Sections 44220 through 44247] cities and counties receiving the AB 2766 funds are required to separately account for the revenue and to expend the revenue for air pollution reduction measures. The AQMD audit report reflects the City’s compliance to such measures.

The Accounting Division is pleased to report that the City received an unmodified opinion (clean) on the AQMD audit report and no compliance findings were noted.

City Council 6 – 2 1/16/2024
Fiscal Year 2022-23 Annual Comprehensive Financial Report, Related Audit Reports, and Measure X Agreed-Upon-Procedures Report
January 16, 2024

Page 3 ends

Single Audit Report – Not Included Herein
The City is also required to have a Single Audit of federal financial assistance by March 31 following each fiscal year. Staff expects the Single Audit Report will be issued during February 2024 and will be presented to the City Council shortly thereafter.

SEPARATELY ISSUED REPORTS
In addition to the ACFR and the AQMD reports, CLA performed the following AgreedUpon Procedures (AUP) examinations.

Appropriation Limit Calculations, also known as GANN Limit (Exhibit 5) The GANN limit established the appropriations limit on expenditures for publicly funded programs in accordance with Section 1 of Article XIII of the California Constitution. The Accounting Division is pleased to report that no findings were noted as a result of this AUP Review.

City’s Compliance with the Statement of Investment Policy (Exhibit 6) The City elected to have the auditor confirm the City’s compliance with its Investment Policy. The Accounting Division is pleased to report that no findings were noted as a result of this review.

Measure X Agreed-Upon-Procedures Report (Exhibit 7)
In accordance with SAMC 35-216, staff has prepared an annual report that includes the list of expenditures made with Measure X money for FY 2022-23. In accordance with SAMC 35-215, the City’s independent auditor has reviewed the annual report prepared by staff, verified the numbers presented, and opined the numbers are fairly stated. On December 13, 2023, the audit engagement partner presented the report to the Measure X Citizens Oversight Committee, in accordance with Section 6 of Resolution No. 2019- 008 (the Committee’s establishing resolution). We expect the Committee will prepare its annual report and make recommendations to the City Council in time for the budget process, in accordance with the same establishing resolution.

As part of the fiscal year 2022-23 audit, CLA offered to meet with each City Council Member individually to allow for transparency of the audit process and facilitate open communication. The City Council also has direct access to the independent auditors throughout the year.

FISCAL IMPACT
There is no fiscal impact associated with this action.

EXHIBITS

1. Audit Opinion Letter

2. Government Auditing Standards (GAS) Letter

3. Governance Letter
City Council 6 – 3 1/16/2024
Fiscal Year 2022-23 Annual Comprehensive Financial Report, Related Audit Reports, and Measure X Agreed-Upon-Procedures Report
January 16, 2024

Page 4 ends

4. Air Quality Management District (AQMD) Report

5. GANN Limit Agreed-Upon Procedures Report

6. Investment Policy Agreed-Upon Procedures Report

7. Measure X Agreed-Upon Procedures Report
Submitted By: Kathryn Downs, FMSA Executive Director
Approved By: Tom Hatch, Interim City Manager
City Council 6 – 4 1/16/2024
INDEPENDENT AUDITORS’ REPORT
Honorable Mayor and
Members of the City Council
City of Santa Ana
Santa Ana, California
Report on the Audit of the Financial Statements
Opinions
We have audited the accompanying financial statements of the governmental activities, the businesstype activities, each major fund, and the aggregate remaining fund information of the City of Santa Ana (the City), as of and for the year ended June 30, 2023, and the related notes to the financial statements, which collectively comprise City’s basic financial statements as listed in the table of contents.

In our opinion, the financial statements referred to above present fairly, in all material respects, the respective financial position of the governmental activities, the business-type activities, each major fund, and the aggregate remaining fund information of the City, as of June 30, 2023, and the respective changes in financial position, and, where applicable, cash flows thereof for the year then ended in accordance with accounting principles generally accepted in the United States of America.

Basis for Opinions
We conducted our audit in accordance with auditing standards generally accepted in the United States of America (GAAS) and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Our responsibilities under those standards are further described in the Auditors’ Responsibilities for the Audit of the Financial Statements section of our report. We are required to be independent of the City and to meet our other ethical responsibilities, in accordance with the relevant ethical requirements relating to our audit. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinions.

Emphasis of a Matter
Change in Accounting Principle
As described in Note 1E to the financial statements, effective July 1, 2022, the City adopted new accounting guidance, Statement of Governmental Accounting Standards Board (GASB Statement) No. 96, Subscription-Based Information Technology Arrangements. Our opinions are not modified with respect to this matter.

CLA (CliftonLarsonAllen LLP) is an independent network member of CLA Global. See CLAglobal.com/disclaimer.

CliftonLarsonAllen LLP
CLAconnect.com
Exhibit 1
City Council 6 – 5 1/16/2024
Honorable Mayor and
Members of the City Council
City of Santa Ana
Responsibilities of Management for the Financial Statements Management is responsible for the preparation and fair presentation of the financial statements in accordance with accounting principles generally accepted in the United States of America, and for the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error.

In preparing the financial statements, management is required to evaluate whether there are conditions or events, considered in the aggregate, that raise substantial doubt about the City’s ability to continue as a going concern for twelve months beyond the financial statement date, including any currently known information that may raise substantial doubt shortly thereafter.

Auditors’ Responsibilities for the Audit of the Financial Statements Our objectives are to obtain reasonable assurance about whether the financial statements as a whole are free from material misstatement, whether due to fraud or error, and to issue an auditors’ report that includes our opinions. Reasonable assurance is a high level of assurance but is not absolute assurance and therefore is not a guarantee that an audit conducted in accordance with GAAS and Government Auditing Standards will always detect a material misstatement when it exists. The risk of not detecting a material misstatement resulting from fraud is higher than for one resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentations, or the override of internal control.

Misstatements are considered material if there is a substantial likelihood that, individually or in the aggregate, they would influence the judgment made by a reasonable user based on the financial statements.

In performing an audit in accordance with GAAS and Government Auditing Standards, we:
 Exercise professional judgment and maintain professional skepticism throughout the audit.  Identify and assess the risks of material misstatement of the financial statements, whether due to fraud or error, and design and perform audit procedures responsive to those risks. Such procedures include examining, on a test basis, evidence regarding the amounts and disclosures in the financial statements.
 Obtain an understanding of internal control relevant to the audit in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of City of Santa Ana’s internal control. Accordingly, no such opinion is expressed.
 Evaluate the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluate the overall presentation of the financial statements.
 Conclude whether, in our judgment, there are conditions or events, considered in the aggregate, that raise substantial doubt about City of Santa Ana’s ability to continue as a going concern for a reasonable period of time.

City Council 6 – 6 1/16/2024
Honorable Mayor and
Members of the City Council
City of Santa Ana
We are required to communicate with those charged with governance regarding, among other matters, the planned scope and timing of the audit, significant audit findings, and certain internal control related matters that we identified during the audit.

Required Supplementary Information
Accounting principles generally accepted in the United States of America require that that the management’s discussion and analysis, budgetary comparison schedules - general and major special revenue funds, notes to the required supplementary information, schedule of changes in net pension liability and related ratios and schedule of plan contributions for the miscellaneous, safety, and supplementary retirement plans, and schedule of changes in the total OPEB liability and related ratios be presented to supplement the basic financial statements. Such information is the responsibility of management and, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. We have applied certain limited procedures to the required supplementary information in accordance with GAAS, which consisted of inquiries of management about the methods of preparing the information and comparing the information for consistency with management’s responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We do not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance.

Supplementary Information
Our audit was conducted for the purpose of forming opinions on the financial statements that collectively comprise the City of Santa Ana’s basic financial statements. The combining and individual non-major fund financial statements and schedules are presented for purposes of additional analysis and are not a required part of the basic financial statements. Such information is the responsibility of management and was derived from and relates directly to the underlying accounting and other records used to prepare the basic financial statements. The information has been subjected to the auditing procedures applied in the audit of the basic financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the basic financial statements or to the basic financial statements themselves, and other additional procedures in accordance with GAAS. In our opinion, the combining and individual non-major fund financial statements and schedules are fairly stated, in all material respects, in relation to the basic financial statements as a whole.

Other Information
Management is responsible for the other information included in the annual report. The other information comprises the introductory and statistical sections but does not include the basic financial statements and our auditors’ report thereon. Our opinions on the basic financial statements do not cover the other information, and we do not express an opinion or any form of assurance thereon.

In connection with our audit of the basic financial statements, our responsibility is to read the other information and consider whether a material inconsistency exists between the other information and the basic financial statements, or the other information otherwise appears to be materially misstated. If, based on the work performed, we conclude that an uncorrected material misstatement of the other information exists, we are required to describe it in our report.

City Council 6 – 7 1/16/2024
Honorable Mayor and
Members of the City Council
City of Santa Ana
Other Reporting Required by Government Auditing Standards In accordance with Government Auditing Standards, we have also issued our report dated December 11, 2023, on our consideration of the City’s internal control over financial reporting and on our tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements and other matters. The purpose of that report is solely to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the City’s internal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the City’s internal control over financial reporting and compliance.

CliftonLarsonAllen LLP
Irvine, California
December 11, 2023
City Council 6 – 8 1/16/2024
INDEPENDENT AUDITORS’ REPORT ON INTERNAL CONTROL OVER

FINANCIAL REPORTING AND ON COMPLIANCE AND OTHER MATTERS

BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED

IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS
Honorable Mayor and
Members of the City Council
City of Santa Ana
Santa Ana, California
We have audited, in accordance with the auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States, the financial statements of the governmental activities, the business-type activities, each major fund, and the aggregate remaining fund information of the City of Santa Ana, as of and for the year ended June 30, 2023, and the related notes to the financial statements, which collectively comprise the City of Santa Ana’s basic financial statements, and have issued our report thereon dated December 11, 2023.

Report on Internal Control Over Financial Reporting
In planning and performing our audit of the financial statements, we considered the City of Santa Ana’s internal control over financial reporting (internal control) as a basis for designing audit procedures that are appropriate in the circumstances for the purpose of expressing our opinions on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the City of Santa Ana’s internal control. Accordingly, we do not express an opinion on the effectiveness of the City of Santa Ana’s internal control.

A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, misstatements on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal control, such that there is a reasonable possibility that a material misstatement of the entity’s financial statements will not be prevented, or detected and corrected, on a timely basis. A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with governance.

Our consideration of internal control was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control that might be material weaknesses or significant deficiencies. Given these limitations, during our audit we did not identify any deficiencies in internal control that we consider to be material weaknesses. However, material weaknesses or significant deficiencies may exist that were not identified.

CLA (CliftonLarsonAllen LLP) is an independent network member of CLA Global. See CLAglobal.com/disclaimer.

CliftonLarsonAllen LLP
CLAconnect.com
Exhibit 2
City Council 6 – 9 1/16/2024
Honorable Mayor and
Members of the City Council
City of Santa Ana
Report on Compliance and Other Matters
As part of obtaining reasonable assurance about whether City of Santa Ana’s financial statements are free from material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the financial statements. However, providing an opinion on compliance with those provisions was not an objective of our audit, and accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards.

Purpose of This Report
The purpose of this report is solely to describe the scope of our testing of internal control and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the entity’s internal control or on compliance. This report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the entity’s internal control and compliance. Accordingly, this communication is not suitable for any other purpose.

CliftonLarsonAllen LLP
Irvine California
December 11, 2023
City Council 6 – 10 1/16/2024
Exhibit 3
City Council 6 – 11 1/16/2024
City Council 6 – 12 1/16/2024
City Council 6 – 13 1/16/2024
City Council 6 – 14 1/16/2024
City Council 6 – 15 1/16/2024
Exhibit 4
City Council 6 – 16 1/16/2024
City Council 6 – 17 1/16/2024
City Council 6 – 18 1/16/2024
City Council 6 – 19 1/16/2024
City Council 6 – 20 1/16/2024
City Council 6 – 21 1/16/2024
City Council 6 – 22 1/16/2024
City Council 6 – 23 1/16/2024
City Council 6 – 24 1/16/2024
City Council 6 – 25 1/16/2024
City Council 6 – 26 1/16/2024
City Council 6 – 27 1/16/2024
City Council 6 – 28 1/16/2024
City Council 6 – 29 1/16/2024
City Council 6 – 30 1/16/2024

CITY OF SANTA ANA, CALIFORNIA
APPROPRIATIONS LIMIT WORKSHEET NO. 6

INDEPENDENT ACCOUNTANTS' REPORT

ON AGREED-UPON PROCEDURES APPLIED TO
APPROPRIATIONS LIMIT WORKSHEET NO. 6
YEAR ENDED JUNE 30, 2023
CPAs I CONSULTANTS I WEALTH ADVISORS
CLAconnect.com
Exhibit 5
City Council 6 – 31 1/16/2024
City Council 6 – 32 1/16/2024
City Council 6 – 33 1/16/2024
City Council 6 – 34 1/16/2024
City Council 6 – 35 1/16/2024
City Council 6 – 36 1/16/2024
Exhibit 6
City Council 6 – 37 1/16/2024
City Council 6 – 38 1/16/2024
City Council 6 – 39 1/16/2024
Exhibit 7
City Council 6 – 40 1/16/2024
City Council 6 – 41 1/16/2024
City Council 6 – 42 1/16/2024
City Council 6 – 43 1/16/2024
City Council 6 – 44 1/16/2024
City Council 6 – 45 1/16/2024
City Council 6 – 46 1/16/2024
Public Works Agency
www.santa-ana.org/public-works
Item # 7
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
January 16, 2024
TOPIC: Certification of Final Tract Map 2019-02, County Tract Map No. 19064

AGENDA TITLE
Receive and File the Certification of Approval by City Engineer of Final Tract Map 2019- 02, County Tract Map No. 19064 For 301 and 305 North Mountain View Street (Applicant: Olympia Capital Corporation) (No Fiscal Impact)

RECOMMENDED ACTION
Receive and file the certification of approval by City Engineer of the Final Tract Map 2019-02.

GOVERNMENT CODE §84308 APPLIES: Yes

DISCUSSION
In California, regulation and control of the division of real property is vested in the legislative bodies of local agencies by the Subdivision Map Act. In the City of Santa Ana, the regulations and processes are provided in Chapters 34 and 41 of the Santa Ana Municipal Code (SAMC), which pursuant to Section 34-127, includes the approval of tentative tract maps by the Planning Commission.

Following the approval of a tentative map by the approving body, the property subdivider prepares and submits a final map(s) to the City Engineer for approval. If the final map is in the correct form, prescribed by the Subdivision Map Act and Chapters 34 and 41 of the SAMC, and all conditions set forth in the tentative map are met, the final map shall be approved by the City Engineer.

On October 26, 2020, the Planning Commission approved Tentative Tract Map 2019-02 (Orange County Map No. 19064), to allow the proposed subdivision of land into eight condominium units and facilitate the construction of four separate buildings, each with two units. The approved tentative tract map (Exhibit 1) allows subdivision of the project site for condominium ownership purposes.

The City Engineer is in the process of reviewing the final tract map (Exhibit 2) for technical accuracy and final approval. This action informs the City Council of the imminent approval of the referenced subdivision based upon the Subdivision Map Act and meeting all the conditions of approval set by the City. Pursuant to Section 34-183 of City Council 7 – 1 1/16/2024
Certification of Final Tract Map 2019-02, County Tract Map No. 19064 January 16, 2024

Page 2 ends

the Santa Ana Municipal Code, the City Engineer shall approve or disapprove this map within 10 days after the City Council meeting of January 16, 2024.

FISCAL IMPACT
There is no fiscal impact associated with this action.

EXHIBIT(S)

1. Tentative Tract Map

2. Final Tract Map
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Tom Hatch, Interim City Manager
City Council 7 – 2 1/16/2024
City Council 7 – 3 1/16/2024
City Council 7 – 4 1/16/2024
City Council 7 – 5 1/16/2024
City Council 7 – 6 1/16/2024
City Council 7 – 7 1/16/2024
Public Works Agency
www.santa-ana.org/public-works
Item # 8
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
January 16, 2024
TOPIC: Purchase of a Rizon e18L EV Truck for the Public Works Agency

AGENDA TITLE
Award a Purchase Order Contract to Los Angeles Truck Centers for One Rizon e18L EV Truck, in an Amount Not-to-Exceed $237,588 (Bid No. 23-190) (Non-General Fund)

RECOMMENDED ACTION

1. Approve an appropriation adjustment recognizing $237,588 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 a Purchase Order to Los Angeles Truck Centers for one 2023 Rizon e18L EV Truck, in an amount not to exceed $237,588, including a $20,000 contingency amount.

GOVERNMENT CODE §84308 APPLIES: Yes

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 a Rizon e18L EV Truck (Exhibits 1 & 2).

Santa Ana City Ordinance No. NS-3041 authorizes the City to purchase against contracts from any public agency utilizing a competitive bid process. The State of California Department of General Services, Procurement Division, awarded a contract to Los Angeles Truck Centers (Contract No. 1-23-23-22A) (Exhibit 3), as a result of open, competitive bidding on behalf of its own agency.

City Council 8 – 1 1/16/2024
Purchase of a Rizon e18L EV Truck for the Public Works Agency January 16, 2024

Page 2 ends

Staff researched available procurement options and product offerings in the market and determined that Los Angeles Truck Centers meets the City’s specifications. By leveraging the procurement power through cooperative purchasing, the City of Santa Ana is able to obtain nationally vetted, high quality products at competitive volume pricing, and is in accordance with the City’s existing Purchasing guidelines.

FISCAL IMPACT
With the approval of the requested appropriation adjustment, $237,588 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 expenditure.

Fiscal
Year
Accounting
Unit
Fund
Description
Accounting Unit,
Account Description
Amount
2023-24 03117101-
66400
Air Quality
Improvement
(AB 2766)
Fleet Services-Air Quality
Improvement, Machinery
& Equipment
$237,588

EXHIBIT(S)

1. Picture of Rizon e18l EV Truck

2. Quote No. DE-05756

3. Contract No. 1-23-23-22A

Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Tom Hatch, Interim City Manager
City Council 8 – 2 1/16/2024
EXHIBIT 1
City Council 8 – 3 1/16/2024
Buyers Order
Unit#: Stock#: New 2023 RIZON E18L Price: $148,500.00
VIN: GVW: 17995 Color: White
18M Battery Model Credit $-8,000.00
48"x96"x58" alum tunnel box with 2 shelves mounted $8,800.00 Duramag 12'x96" smooth side aluminum landscape dump per 3047 $28,035.70 Install Duramag body, supply and install safety lights, arro $21,555.60 To Be Delivered On or About: 03/03/2024 Unit Price: $198,891.30 _________________________________________________________________________________________________________________________ Sub Total $198,891.30
Admin Fee $195.00
Doc Fee $85.00
CA Tire Recycle Fee $10.50
Sales Tax (9.250%) $18,405.31
Total Vehicle Sale Price $217,587.11
Net Total $217,587.11
Lienholder: None...

This is an offer to tag on to the state Calif. bid 24171, Agreement number 1-23-23-22A. CLIN 13 for Rizon 18L *** PRICING IS SUBJECT TO CHANGE DUE TO SUPPLY CHAIN AND PRODUCTION ISSUES. ***

Page 1 of 2 ends

EXHIBIT 2
Deal#: DE-05756 Opp#: 2023-151145 Date: 11/13/2023 Contact: James Blakely - Mobile: 714-357-0024 - Email: [email protected] Bill To: 100334 Ship To: 215 S. CENTER BLDG. J SANTA ANA CA 92702 County: Orange Phone: (714) 647-5462 [email protected] James Blakely CITY OF SANTA ANA PURCHASING DIV M-16 CITY OF SANTA ANA PURCHASING DIV M-16 X Nov 13 2023 4:49PM
City Council 8 – 4 1/16/2024

1. TRADE-IN(S). Purchaser shall deliver trade-in(s) in the same condition as at the time of inspection and appraisal by Seller reasonable wear and tear excepted, except as disclosed in the Agreement. Purchase represents that each truck shall be free and clear of all liens and encumbrances and warrants that the trade-in(s) are that type and condition described in this Agreement, including any attachments hereto.

2. TERMS OF PAYMENT. Unless otherwise agreed, net payment shall be due on delivery. Late payments shall bear interest at the rate of 18% per annum, or the maximum permitted by law, whichever is less. If acceptance of delivery is delayed by Purchaser, payment shall become due on the date when Seller is prepared to deliver. If the financial condition of Purchaser at any time does not, in the judgment of Seller, justify continuance of the work to be performed by Seller hereunder on the terms of payment as agreed upon, Seller may suspend such work, or postpone delivery, and require such assurances of Purchaser’s performance as Seller deems adequate, including payment in advance, or Seller may cancel this order and shall receive reimbursement for its reasonable and proper cancellation charges. In the event of bankruptcy or insolvency of Purchaser, voluntary or involuntary, Seller shall be entitled to cancel any order then outstanding at any time and seek reimbursement for its reasonable and proper cancellation charges.

3. CANCELLATION. Purchaser may cancel this order only if Seller is able to cancel said order with the manufacturer, and only upon written notice. Upon cancellation or failure to accept delivery, Purchaser shall pay Seller reasonable cancellation changes and expenses, not to be less than Seller’s out-of-pocket expenses including carrying costs. _______________ (Purchaser’s Initials)
This Agreement (including by reference the provisions set out in manufacturer’s standard warranty or warranties) shall constitute the entire agreement between Purchaser and Seller, and no understandings or obligations not expressly set forth herein or in manufacturer’s standard warranty or warranties are binding upon Purchaser or Seller.

ALL WARRANTIES, IF ANY, BY A MANUFACTURER OR SUPPLIER OTHER THAN SELLER ARE THEIRS, NOT SELLER’S, AND ONLY SUCH MANUFACTURER OR OTHER SUPPLIER SHALL BE LIABLE FOR PERFORMANCE UNDER SUCH WARRANTIES. SELLER

HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

Accepted and Agreed by: ________________________________________________ ______________________________ (Company Name) (Date)
Signor’s Name and Title: ________________________________________________ ______________________________ (Please Print Name and Title. Must be an Officer of the company (Signature) Authorized to approve capital purchases.)
X

4. SALES AND OTHER TAXES. Unless otherwise specified herein, Seller’s price does not include federal excise, sales, use, or other taxes. Consequently, in addition to the price specified herein, the amount of any other excise, sales, use or other tax applicable to the sale or use of the trucks purchased hereunder shall be paid by Purchaser, or in lieu thereof Purchaser shall provide Seller with a tax exemption certificate acceptable to the taxing authorities. Purchaser agrees that all taxes related to this transaction, whether arising at the time of the transaction or in the future, are Purchaser’s responsibility and further agrees to promptly pay any such taxes.

5. DELIVERY. All trucks furnished hereunder shall be delivered to Purchaser at the Seller’s dealership location or other location as designated in this Agreement. Unless otherwise provided, delivery will be made via carriers and routes designated by manufacturer with freight charges to be included in the purchase price. Delivery dates are approximate and are based upon receipt of all necessary information from Purchaser. Seller shall not be liable for delays in delivery or manufacturing, or other causes beyond Seller’s control.

6. TECHNICAL CHANGES. Purchaser acknowledges that the manufacturer and Seller reserve the right to change the specifications of the truck(s) at any time without obligation to make such changes in other trucks previously delivered to Purchaser. In addition, manufacturer and Seller reserve the right to make design changes and substitution of materials subsequent to the receipt of the order which, in manufacturers or Seller’s opinion are necessary to improve the truck. Purchaser agrees to accept any such changes as fulfillment of Seller’s obligations under this order.

7. REQUIRED EQUIPMENT. This order shall be deemed to include, whether or not specified herein, all equipment or accessories required by the National Highway Traffic Safety Act or other regulations in effect at the time of order of receipt. It is agreed that any additional or different equipment not specified which is required at the time of delivery to meet the foregoing Act or other regulations will be added and the costs shall be paid by Purchaser. Purchaser understands that certain safety equipment is available that is not legally required and is available at Purchasers request for an additional fee.

8. TITLE AND REMEDIES. Until full payment by Purchaser of all amounts due hereunder, Seller reserves the title to all equipment furnished hereunder. If Purchaser defaults in payment or performance hereunder or becomes subject to insolvency, receivership, or bankruptcy proceedings, or makes an assignment for the benefit of creditors, or without the consent of Seller voluntarily or involuntarily sells, transfers, leases, or permits any lien or attachment on the equipment delivered hereunder, Seller may treat all amounts then or thereafter owing hereunder by Purchaser as immediately due and payable (subject only to credits required by law) and Seller may repossess said equipment by any means available by law and shall enjoy any and all other remedies of a secured creditor under the Uniform Commercial Code. Purchaser shall execute and deliver to Seller such financing statements and other documents, as Seller may deem appropriate to evidence, perfect, and protect the priority of its security interest in the truck(s) subject to this order.

9. GENERAL. Any assignment by Purchaser of this order or any rights hereunder, without written consent of Seller, shall be void. Clerical errors in this order may be automatically corrected by giving written notice thereof to Purchaser by a duly authorized representative of Seller. No waiver, alteration, or modification of any of the provisions hereof shall be binding unless and until in writing and signed by a duly authorized representative of Seller. To the extent not covered by other terms herein, including terms of warranty and limitation of liability, etc., the provisions of the Uniform Commercial Code shall govern this sale.

Page 2 of 2 ends

Nov 13 2023 4:49PM
City Council 8 – 5 1/16/2024
Department of General Services
Procurement Division
707 Third Street, 2nd Floor
West Sacramento, CA 95605-2811
State of California

STATEWIDE CONTRACT
USER INSTRUCTIONS All changes to most recent Supplement are in bold red italic. Additi ons ar e enclosed in asterisks, *, and deleti ons are enclosed in br ackets, [].

MANDATORY
*Supplement 5*
*(Incorporates Supplements 1 – 5)*
ISSUE AND EFFECTIVE DATE: *11/15/2023*
CONTRACT NUMBER: 1-23-23-22 A through D & F-G
DESCRIPTION: Alternate Fuel Medium/Heavy Duty
Vehicles
CONTRACTOR(S): Los Angeles Truck Centers
(1-23-23-22A)
Riverview International Trucks, LLC
(1-23-23-22B)
Sacramento Truck Center
(1-23-23-22C)
TEC of California, Inc. (1-23-23-22D)
XOS Services Inc. (1-23-23-22F)
Western Truck Parts & Equipment
Company, LLC (1-23-23-22G)
CONTRACT TERM: 06/28/2023 through 06/26/2025
STATE CONTRACT ADMINISTRATOR: Frank Martin
279-946-8035
[email protected]
The contract user instructions, products, and pricing are included herein. All purchase documents issued under this contract incorporate the contract terms and applicable California General Provisions:

Non-IT General Provisions (rev 6/21/2022)
Cal eProcure link: www.caleprocure.ca.gov
EXHIBIT 3
City Council 8 – 6 1/16/2024

STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES

PROCUREMENT DIVISION
Contract (Mandatory) 1-23-23-22 A-D & F-G
Contract User Instructions, *Supplement 5*
Contract 1-23-23-22 A-D & F-G Page 2 *11/15/2023*
User Instructions
All changes to most recent Supplement are in bold red italic. Additions are enclosed in asterisks; deletions are enclosed in brackets.

SUMMARY OF CHANGES
All other terms and conditions remain the same.

Supplement
Number Description/Articles Supplement
Date
*5*
 *User Instruction Sections 8, 12, and 22:

Update XOS Services contact
information.*
*11/15/2023*
4  Added Contract 1-23-23-22G with Western
Truck Parts & Equipment Company, LLC.
 Attachment A – Contract Pricing –
Supplement 1 has been replaced with
Attachment A Contract Pricing –
Supplement 4
 Attachment C – PCRC – Supplement 1
has been replaced with Attachment C –
PCRC – Supplement 4
09/15/2023
3  Updated State Contract Administrator
information. 08/04/2023
2  Corrected contact information for Los
Angeles Truck Centers
07/19/2023
1  Award to The Lion Electric Co. USA Inc.
has been rescinded. All references to
Contract 1-23-23-22E have been removed.
 Attachment A – Contract Pricing has been
replaced with Attachment A Contract
Pricing – Supplement 1
 Attachment C – PCRC has been replaced
with Attachment C – PCRC – Supplement
1 07/10/2023
N/A Original Contract Posted 06/28/2023
City Council 8 – 7 1/16/2024

STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES

PROCUREMENT DIVISION
Contract (Mandatory) 1-23-23-22 A-D & F-G
Contract User Instructions, *Supplement 5*
Contract 1-23-23-22 A-D & F-G Page 3 *11/15/2023*
User Instructions City Council 8 – 8 1/16/2024

STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES

PROCUREMENT DIVISION
Contract (Mandatory) 1-23-23-22 A-D & F-G
Contract User Instructions, *Supplement 5*
Contract 1-23-23-22 A-D & F-G Page 4 *11/15/2023*
User Instructions
SCOPE
The State’s contracts provide Alternate Fuel Medium/Heavy Duty Vehicles at contracted pricing to the State of California and local governmental agencies in accordance with the requirements of Contract # 1-23-23-22 A – D & F. The Contractors shall supply the entire portfolio of products as identified in the contract and will be the primary point of contact for data collection, reporting, and distribution of Alternate Fuel Medium/Heavy Duty Vehicles to the State.

The contract terms are for two (2) years with an option to extend each contract for three (3) additional one (1) year periods or portion thereof. The terms, conditions, and prices for the contract extension option shall be by mutual agreement between each Contractor and the State. If a mutual agreement cannot be met the contract(s) may be terminated at the end of the current contract term.

CONTRACT USAGE/RULES
A. State Departments
• The use of these contracts is mandatory for State of California departments. State Departments may purchase any vehicle that is awarded to each line item. These contracts do not include ranking.
• State departments must adhere to all applicable State laws, regulations, policies, best practices, and purchasing authority requirements, e.g. California Codes, Code of Regulations, State Administrative Manual, Management Memos, and State Contracting Manual Volume 2 and SCM-F as applicable. • Prior to placing orders against any of these contracts, State departments must have been granted non-IT purchasing authority by the Department of General Services, Procurement Division (DGS-PD) for the use of these statewide contracts. State departments that have not been granted purchasing authority by DGS-PD for the use of the State’s statewide contracts may contact DGS-PD’s Purchasing Authority Management Section by e-mail at [email protected].
• Departments must have a Department of General Services (DGS) agency billing code prior to placing orders against these contracts. Ordering departments may contact their Purchasing Authority contact or their department’s fiscal office to obtain this information.

B. Local Governmental Agencies
• Local governmental agency use of these contracts is optional. • Local government agencies are defined as “any city, county, city and county, district or other governmental body or corporation”, per Public Contract Code Chapter 2, Section 10298 (b), empowered to expend public funds for the acquisition of products; this includes the California State Universities (CSU) and University of California (UC) systems, K-12 schools and community colleges. While the State City Council 8 – 9 1/16/2024

STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES

PROCUREMENT DIVISION
Contract (Mandatory) 1-23-23-22 A-D & F-G
Contract User Instructions, *Supplement 5*
Contract 1-23-23-22 A-D & F-G Page 5 *11/15/2023*
User Instructions
makes these contracts available to local governmental agencies, each local governmental agency should determine whether these contracts are consistent with its procurement policies and regulations.
• Local governmental agencies shall have the same rights and privileges as the State under the terms of these contracts. Any agencies desiring to participate shall be required to adhere to the same responsibilities as do State agencies and have no authority to amend, modify or change any condition of any of the contracts. • A DGS issued billing code is not required for local governmental agencies to place orders against these contracts.

C. Unless otherwise specified within this document, the term “ordering agencies” will refer to all State departments and/or local governmental agencies eligible to utilize these contracts. Ordering and/or usage instructions exclusive to State departments or local governmental agencies shall be identified within each article.

DGS ADMINISTRATIVE FEES
A. State Departments
The DGS will bill each State department an administrative fee for use of these statewide contracts. The administrative fee should NOT be included in the order total, nor remitted before an invoice is received from DGS.

Current fees are available online in the Price Book & Directory of Services (https://www.dgs.ca.gov/OFS/Price-Book) (go to Price Book Download and click on Purchasing under Procurement Division).

B. Local Governmental Agencies
For all local government agency transactions issued against these contracts, the Contractor is required to remit the DGS-PD an Incentive Fee of an amount equal to

1.25% of the total purchase order amount excluding taxes and freight. This Incentive Fee shall not be included in the agency’s purchase price, nor invoiced or charged to the purchasing entity. All prices quoted to local governmental agency customers shall reflect State contract pricing, including all applicable discounts, and shall include no other add-on fees.

SB/DVBE OFF-RAMP PROVISION
There is no SB/DVBE off ramp associated with these contracts.

PROBLEM RESOLUTION/SUPPLIER PERFORMANCE
Ordering agencies and/or Contractors shall inform the State Contract Administrator of any technical or contractual difficulties encountered during contract performance in a timely manner. This includes and is not limited to informal disputes, supplier performance, City Council 8 – 10 1/16/2024

STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES

PROCUREMENT DIVISION
Contract (Mandatory) 1-23-23-22 A-D & F-G
Contract User Instructions, *Supplement 5*
Contract 1-23-23-22 A-D & F-G Page 6 *11/15/2023*
User Instructions
outstanding deliveries, etc. The ordering agency should include all relevant information and/or documentation (e.g., purchase documents).

CONTRACT ITEMS
Contract vehicles and pricing are listed on Attachment A, Contract Pricing. Prices do not include Federal Excise Tax, the California Tire Fee, Documentation Fee, or HVIP rebate/discount. All prices listed shall be fixed as the maximum cost for the contract period unless a price increase is granted.

Each line-item description on Attachment A, Contract Pricing, provides a description of the minimum requirements that each vehicle in that line item has met or exceeded.

Price Increases
Price increases may be requested with each model year change and will be posted on a quarterly basis.

Quarterly increases shall be processed on the following calendar days:
• July 1st
• October 1st
• January 1st
• April 1st
Contractors are requested to price protect the contracted price for the duration between the price increase request and the time the increase is processed. If the Contractor is unable to honor the price protection, the Contractor’s vehicle(s) will be unavailable for ordering until the price increases have been evaluated and approved.

Multiple Award
Some line items may have multiple vehicles awarded with different make and models available. State Departments may choose any vehicle identified in the subject line item.

There is no vehicle ranking associated with these contracts.

Sales Tax
The sales tax rate applied should be based on the rate of the “Bill To” address listed on the Purchase Order.

Options
All factory options shall be available and priced at Contractor cost plus up to 10% for an addition or Contractor cost minus up to 10% for a deletion in accordance with the manufacturer’s current model year price list. Types of equipment changes which might be made include, but are not limited, to the following:
• Add trailer tow package
City Council 8 – 11 1/16/2024

STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES

PROCUREMENT DIVISION
Contract (Mandatory) 1-23-23-22 A-D & F-G
Contract User Instructions, *Supplement 5*
Contract 1-23-23-22 A-D & F-G Page 7 *11/15/2023*
User Instructions
• Add Bluetooth
• Add parking sensors
• Delete pick up box (bed)
• Running Boards
• Window Tint
• Bed Liner
• Vehicle OEM Charging Equipment (third-party charging equipment is not acceptable)
• Vehicle to Grid capable charging accessories (e.g., adaptors, cables, etc.) In no case shall options be included or deleted in such a manner as to cause the vehicle to conflict with any other line item on any other vehicle contract.

The Contractor shall provide ordering agencies a copy of the current model year factory price sheet with requested options, within ten calendar days of request.

Third-party upfitting (e.g utility body) may be requested by ordering agencies, however, this service is non-mandatory. When applicable, third-party upfits shall be subject to the same pricing provisions as factory options. Please note, the intent of the upfit is to enhance the functionality of the vehicle (e.g., tag axle, flat bed, utility bed, etc..). The cost of the upfit should not exceed the cost of the vehicle.

Note: Vehicles with added or deleted options MUST continue to meet the appropriate minimum specification.

Tire Fee
Purchase orders MUST include the State mandated $1.75 per tire fee.

Document Processing Charge
In accordance with the California Vehicle Code Section 4456.5, a Contractor may charge the ordering agency a document processing charge for the preparation and processing of documents, disclosures, titling, registration, and information security obligations imposed by state and federal law. The document processing charge shall not exceed $85 per vehicle purchased.

A Contractor may charge the ordering agency an electronic filing fee, which does not exceed the actual amount the Contractor is charged by a first-line service provider. The electronic filing fee shall not exceed $30 per vehicle purchased.

SPECIFICATIONS
All products must conform to the attached State of California Bid Specification Number 2320- 0211431 dated 04/13/2023 (Attachment B).

City Council 8 – 12 1/16/2024

STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES

PROCUREMENT DIVISION
Contract (Mandatory) 1-23-23-22 A-D & F-G
Contract User Instructions, *Supplement 5*
Contract 1-23-23-22 A-D & F-G Page 8 *11/15/2023*
User Instructions
Vehicle color shall be a solar reflective color (white, silver metallic, or gold metallic) per SAM Section 3620.1 (exceptions are listed in the same manual section).

CUSTOMER SERVICE
The Contractors shall provide office and personnel resources for responding to inquiries, including telephone and email coverage weekdays during the hours of 8:00 a.m. - 5:00 p.m., PT.

The customer service units shall be staffed with individuals that:
• Are trained in the requirements of the contract
• Have the authority to take administrative action to correct problems that may occur The Contractor’s customer service unit shall respond to all customer inquiries within two (2) business days of initial contact.

Dealer Contract # Contact Phone Email
Los Angeles
Truck Centers,
LLC 1-23-23-22A
James
Blakely /
Ron
Creighton
714-357-
0024 / 909-
510-4406
[email protected] /
[email protected]
Riverview
International
Trucks, LLC
1-23-23-22B Jason
Farrell
916-371-
3110 [email protected]
Sacramento
Truck Center 1-23-23-22C Dean Needham
916-286-
2000 [email protected]
TEC of
California, Inc. 1-23-23-22D Ashley Porter
510-577-
5512 [email protected]
XOS Services
Inc. 1-22-23-22F *Gunard Polite*
*816-305-
4450* *[email protected]*
Western Truck
Parts &
Equipment
Company, LLC
1-22-23-22G Kirk
Gulian
1-800-533-
4278
[email protected]
Note: Ordering agencies are encouraged to have one point of contact for inquiries, quotes, and orders whenever possible. Multiple calls and emails from various requestors for the same information can slow customer service response times.

PRODUCT SUBSTITUTIONS
Under no circumstance are the Contractors permitted to make substitutions with noncontract/unauthorized vehicles without approval of the DGS Contract Administrator (CA).

City Council 8 – 13 1/16/2024

STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES

PROCUREMENT DIVISION
Contract (Mandatory) 1-23-23-22 A-D & F-G
Contract User Instructions, *Supplement 5*
Contract 1-23-23-22 A-D & F-G Page 9 *11/15/2023*
User Instructions

PURCHASE EXECUTION
A. State Departments
1) Std. 65 Purchase Documents
State departments not transacting in FI$CAL must use the Purchasing Authority Purchase Order (Std. 65) for purchase execution. An electronic version of the Std. 65 is available at the Office of State Publishing web site:
https://www.dgsapps.dgs.ca.gov/osp/StatewideFormsWeb/Forms.aspx (select Standard Forms).

All Purchasing Authority Purchase Orders (Std. 65) must contain the following:
• Agency Order Number (Purchase Order Number)
• Ordering Agency Name
• Agency Billing Code
• Purchasing Authority Number
• Leveraged Procurement Number (Contract Number)
• Supplier Information (Contact Name, Address, Phone Number, Fax Number, E-mail)
• Line Item number
• Quantity
• Unit of Measure
• Commodity Code Number
• Product Description
• Unit Price
• Extension Price
• Office of Fleet and Asset Management (OFAM) Approval Stamp (State departments only)
2) FI$CAL Purchase Documents
State departments transacting in FI$CAL will follow the FI$CAL procurement and contracting procedures.
3) Blanket Orders
The use of blanket orders against these statewide contracts are not allowed.

B. Local Governmental Agencies
Local governmental agencies may use their own purchase document for purchase execution. The purchase documents must include the same data elements as listed above (Exception: Purchasing Authority Number is used by State departments only).

City Council 8 – 14 1/16/2024

STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES

PROCUREMENT DIVISION
Contract (Mandatory) 1-23-23-22 A-D & F-G
Contract User Instructions, *Supplement 5*
Contract 1-23-23-22 A-D & F-G Page 10 *11/15/2023*
User Instructions

MINIMUM ORDER
The minimum order shall be one (1) vehicle.

ORDERING PROCEDURE
A. Ordering Methods:

Ordering agencies are to submit appropriate purchase documents directly to the Contractor(s) via one of the following ordering methods:
• U.S. Mail
• Email
The Contractor’s Order Placement Information is as follows:

ORDER PLACEMENT INFORMATION
Contract #
1-23-23-22A
U.S. Mail:
2429 S. Peck Rd.

Whittier, CA 90601
Attn: James Blakely
Email:
[email protected]/ [email protected]
Contract #
1-23-23-22B
U.S. Mail:
2445 Evergreen Ave.

West Sacramento, CA
95691
Attn: Jason Farrell
Email:
[email protected]
Contract #
1-23-23-22C
U.S. Mail:
100 Opportunity Street
Sacramento, CA 95838
Attn: Dean Needham
Email: [email protected]
Contract #
1-23-23-22D
U.S. Mail:
8099 South Coliseum
Way
Oakland, CA 94621
Attn: Ashley Porter
Email:
[email protected]
Contract #
1-23-23-22F
U.S. Mail:
3550 Tyburn Street
Los Angeles, CA 90065
Attn: *Gunard Polite*
Email:
*[email protected]*
Contract #
1-23-23-22G
U.S. Mail:
825 Stillwater Rd.

West Sacramento, CA
95691
Attn: Kirk Gulian
Email:
[email protected]
City Council 8 – 15 1/16/2024

STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES

PROCUREMENT DIVISION
Contract (Mandatory) 1-23-23-22 A-D & F-G
Contract User Instructions, *Supplement 5*
Contract 1-23-23-22 A-D & F-G Page 11 *11/15/2023*
User Instructions
When using any of the ordering methods specified above, all State departments must conform to proper State procedures.

ORDER ACCEPTANCE
The Contractor shall accept orders from any State department or local governmental agency. The Contractor shall not accept purchase documents for this contract that:
• Are incomplete;
• Are submitted without OFAM approval stamp
• Contain non-contract items; or
• Contain non-contract terms and conditions.

The Contractor must not refuse to accept orders from any State department or local governmental agency for any other reason without written authorization from the CA.

ORDER ACKNOWLEDMENT
The Contractor will provide the ordering agencies with an order receipt acknowledgment via e-mail/facsimile within ten (10) calendar days after receipt of an order. The acknowledgement will include:
• Ordering Agency Name
• Agency Order Number (Purchase Order Number)
• Description of Goods
• Vehicle Model Year
• Total Cost
• Date order is placed with manufacturer
• Anticipated Delivery Date
• Delayed Production Notification (if applicable)
• Discontinued Vehicle Notification (if applicable)
Contractor shall notify the ordering agency of any delays in production or delays in orders being accepted by the manufacturer for any period of time. Contractor shall provide estimated production start date and delivery date.

DELAYED PRODUCTION REMEDY
Upon receipt of order acknowledgment identifying a delay in production or orders not being accepted by the manufacturer, the ordering agencies shall have the following options:
• Request back order; or
• Cancel the item from the order with no penalty

DISCONTINUED VEHICLE REMEDY
Upon receipt of order acknowledgment identifying discontinued items, the ordering agencies shall have the following options:

City Council 8 – 16 1/16/2024

STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES

PROCUREMENT DIVISION
Contract (Mandatory) 1-23-23-22 A-D & F-G
Contract User Instructions, *Supplement 5*
Contract 1-23-23-22 A-D & F-G Page 12 *11/15/2023*
User Instructions
• Amend purchase document to reflect State-approved replacement vehicle; or • Cancel the item from the order
Under no circumstance is the Contractor permitted to make substitutions with noncontract/unauthorized vehicles without approval from the State Contracty Administrator.

DELIVERY PROCEDURES
Pre-Delivery Checklist
Prior to delivery, each vehicle shall be completely inspected, serviced, and detailed by the delivering Contractor and/or the manufacturer’s pre-delivery service center. A copy of the pre-delivery checklist shall be completed for each vehicle, signed by a representative of the organization performing the inspection/service, and delivered with the vehicle.

Delivery:

Delivery shall be within one hundred and fifty (150) days after receipt of order unless there is a delay in production/order acceptance from the manufacturer when changing from one model year to the next. Contractor shall notify the ordering agency of such delay per Article 14, Order Acknowledgement.

Orders requiring customized work by a 3rd party supplier may exceed the delivery period requirement. Contractor shall notify ordering agency of extended delivery period per Article 14, Order Acknowledgement.

Deliveries are to be made statewide from the factory to the Contractor’s place of business or a designated delivery location closest to the ordering agency. A designated or “courtesy” delivery location shall have the facilities to accommodate a pre-delivery service and inspection.

Ordering agencies have the option to receive vehicles at the Contractor’s designated business location or have it delivered to the location specified on the individual order.

Appropriate delivery instructions shall be provided on the Purchase Order. Contractor shall contact the ordering agency if Purchase Order is submitted without specific delivery instructions.

Caravan or drive-away method of delivery from the factory to a Contractor’s designated business site is not acceptable unless agreed upon by the ordering agency.

Unless pre-arranged between the Contractor and the ordering agency, vehicles delivered with more than 50 miles on the odometer may be charged fifty (50) cents per mile in excess of 50 miles. This charge may be reflected on the invoice as a deduction from the order price. Vehicles with more than five hundred (500) miles on the odometer may not be accepted.

City Council 8 – 17 1/16/2024

STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES

PROCUREMENT DIVISION
Contract (Mandatory) 1-23-23-22 A-D & F-G
Contract User Instructions, *Supplement 5*
Contract 1-23-23-22 A-D & F-G Page 13 *11/15/2023*
User Instructions
**If driving the vehicle from an out-of-state factory is required and the odometer may exceed the five hundred (500) mile or less expectation, the Contractor shall notify the ordering Department at the time of purchase order execution.

When feasible, Contractor is requested to make deliveries in metropolitan areas during off-peak hours. Off-peak hours are 10:00AM to 4:00PM local time.

Drop ship deliveries shall not be made without prior State inspection.

PHEVs and HEVs shall be delivered with no less than five (5) gallons of fuel in the tank.

ZEVs shall be delivered with no less than 80 percent battery charge.

Documents
The following documents shall be delivered to the receiving agency with the vehicle:
• Completed and signed pre-delivery service checklist, including the order number and Vehicle Identification Number (VIN)
• “Line Set Tickets” or “Window (Monroney) Sticker” showing all options installed • One (1) copy of the warranty, including applicable certificates, cards, etc. • One (1) copy of the owner’s manual.

INSPECTION AND ACCEPTANCE
Vehicles ordered for State use will be inspected by a State inspector at the Contractor’s place of business or as otherwise agreed to by the Contractor and ordering agency.

Inspection will commence within five (5) working days of notification that a vehicle is ready for inspection. Inspection will include:
• Specification Compliance
• Workmanship
• Appearance
• Proper Operation of all Equipment and Systems
• Presence of all Applicable Documents
In the event deficiencies are detected, the vehicle will be rejected and the Contractor will be required to make the necessary repairs, adjustments, or replacements. Payment and/or the commencement of a discount period (if applicable) will not begin until the defects are corrected and the vehicle is re-inspected and accepted.

Completion of inspection or acceptance by the State inspector shall in no way release the Contractor from satisfying the requirements of the contract, specifications, and warranty.

Deviations from the specified requirements that are detected by the inspection shall be corrected by the Contractor in an expeditious manner at no expense to the ordering agency.

City Council 8 – 18 1/16/2024

STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES

PROCUREMENT DIVISION
Contract (Mandatory) 1-23-23-22 A-D & F-G
Contract User Instructions, *Supplement 5*
Contract 1-23-23-22 A-D & F-G Page 14 *11/15/2023*
User Instructions
Inspection by local agencies will be at the Contractor’s place of business or as otherwise agreed to by the Contractor and local agency.

EMERGENCY/EXPEDITED ORDERS
Not Applicable.

FREE ON BOARD (F.O.B.) DESTINATION
Contractors shall deliver vehicles to State or local agencies located in Sacramento County at no additional cost for delivery. If the Purchase Order indicates delivery outside Sacramento County, the Contractor and agency may negotiate delivery costs. If delivery is subject to an additional delivery charge, it shall be shown as a separate item on the purchase order and invoice.

State departments requesting delivery outside of Sacramento County must contact the Transportation Management Unit for freight rate comparisons to confirm appropriate pricing if the Contractor is delivering the vehicle.

Responsibility and liability for loss or damage for all orders shall remain with the Contractor until final inspection and acceptance, when all responsibility shall pass to the ordering agency, except the responsibility for latent defects, fraud, and the warranty obligations.

SHIPPED ORDERS
All shipments shall be in accordance with the General Provisions, Article 12 entitled “Packing and Shipment”.

CONTRACT ADMINISTRATION
The State and the Contractors have assigned Contract Administrators as the single points of contact for problem resolution and related contract issues.

State Contact
Information DGS/PD Contract Administrator
Contact Name: Frank Martin
Telephone: (279) 946-8035
Email: [email protected]
Address: DGS/Procurement Division
Attn: Frank Martin
707 Third Street, 2nd Floor, MS 201
West Sacramento, CA 95605
City Council 8 – 19 1/16/2024

STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES

PROCUREMENT DIVISION
Contract (Mandatory) 1-23-23-22 A-D & F-G
Contract User Instructions, *Supplement 5*
Contract 1-23-23-22 A-D & F-G Page 15 *11/15/2023*
User Instructions
Dealer
Contact
Information
Los Angeles Truck Centers, LLC
Contract # 1-23-23-22A
Riverview International Trucks, LLC
Contract # 1-23-23-22B
Contact
Name:

James Blakely / Ron Creighton Jason Farrell
Telephone: 714-657-0024 / 909-510-4406 916-371-3110
Email: [email protected] /
[email protected]
[email protected]
Address: Los Angeles Truck Centers, LLC
2429 S. Peck Rd.

Whittier, CA 90601
Riverview International Trucks, LLC
2445 Evergreen Ave.

West Sacramento, CA 95691
Dealer
Contact
Information
Sacramento Truck Center
Contract # 1-23-23-22C
TEC of California, Inc.

Contract # 1-23-23-22D
Contact
Name:

Dean Needham Ashley Porter
Telephone: 916-286-2000 510-577-5512
Email: [email protected] [email protected] Address: Sacramento Truck Center
100 Opportunity Street
Sacramento, CA 95838
TEC of California, Inc.
8099 South Coliseum Way
Oakland, CA 94621
Dealer
Contact
Information
XOS Services, Inc.

Contract # 1-22-23-20F
Western Truck Parts & Equipment
Company, LLC
Contract # 1-22-23-20G
Contact
Name:
*Gunard Polite* Kirk Gulian
Telephone: *816-305-4450* 1-800-533-4278
Email: *[email protected]* [email protected] Address: XOS Services, Inc.
3550 Tyburn Street
Los Angeles, CA 90065
Western Truck Parts & Equipment
825 Stillwater Road
West Sacramento, CA 95691

RESTOCKING FEES
Contractors may impose a restocking fee to the ordering agency on orders cancelled after the order has been placed with the manufacturer: Contractors shall notify the ordering agency of the order placement per Section 14, Order Acknowledgment.

Re-stocking fees can be no greater than ten percent (10%) of the value of the vehicle being restocked.

City Council 8 – 20 1/16/2024

STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES

PROCUREMENT DIVISION
Contract (Mandatory) 1-23-23-22 A-D & F-G
Contract User Instructions, *Supplement 5*
Contract 1-23-23-22 A-D & F-G Page 16 *11/15/2023*
User Instructions

INVOICING
Ordering agencies may require separate invoicing, as specified by each ordering organization. Invoices will contain the following information:
• Contractor’s name, address and telephone number
• Leveraged Procurement Number (Contract Number)
• Agency Order Number (Purchase Order Number)
• Item and commodity code number
• Quantity purchased
• Contract price and extension
• State sales and/or use tax
• Prompt payment discounts/cash discounts, if applicable • Totals for each order

PAYMENT
A. Terms
Payment terms for Contracts 1-23-23-22A and 1-23-23-22B include a $500 per vehicle discount for payment made within twenty (20) days. The cash discount time is defined by the State as beginning only after the vehicle has been inspected, delivered, and accepted by the receiving agency, or from the date a correct invoice is received in the office specified on the Purchase Order, whichever is later.

Payment is deemed to be made, for the purpose of earning the discount, one (1) working day after the date on the State warrant or check.

Payment will be made in accordance with the provisions of the California Prompt Payment Act, Government Code Section 927, et seq. Unless expressly exempted by statute, the Act requires State departments to pay properly submitted, undisputed invoices not more than forty-five (45) days after the date of acceptance of goods, performance of services, or receipt of an undisputed invoice, whichever is later.

B. CAL-Card Use
Use of the CAL-Card for payment of invoices is not allowed under these statewide contracts.

C. Payee Data Record
Each State accounting office must have a copy of the Payee Data Record (Std. 204) in order to process payments. State departments should forward a copy of the Std. 204 to their accounting office(s). Without the Std. 204, payment may be unnecessarily delayed. State departments may contact the Contractor for copies of the Payee Data Record.

City Council 8 – 21 1/16/2024

STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES

PROCUREMENT DIVISION
Contract (Mandatory) 1-23-23-22 A-D & F-G
Contract User Instructions, *Supplement 5*
Contract 1-23-23-22 A-D & F-G Page 17 *11/15/2023*
User Instructions
D. State Financial Marketplace
The State reserves the right to select the form of payment for all procurements, be it either an outright purchase with payment rendered directly by the State, or a financing/lease-purchase or operating lease via the State Financial Marketplace (GS $Mart and/or Lease $Mart). If payment is via the financial marketplace, the Contractor will invoice the State and the State will approve the invoice and the selected Lender/Lessor for all product listed on the State's procurement document will pay the Contractor on behalf of the State.

CALIFORNIA SELLER’S PERMIT
The California seller permit number for the Contractors are listed below. State departments can verify that permits are currently valid at the following website:
www.cdtfa.ca.gov. State departments must adhere to the file documentation required identified in the State Contracting Manual Volume 2.

Contractor Name Seller Permit #
Los Angeles Truck Centers,
LLC 97-268711
Riverview International
Trucks, LLC 101079519
Sacramento Truck Center 97724353
TEC of California, Inc. 97032353
XOS Services Inc. 203754496
Western Truck Parts &
Equipment Co., LLC 97589085

WARRANTY
The manufacturer and/or final stage manufacturer’s or up-fitter’s standard warranty shall apply to all vehicles purchased from the resulting contract(s). The Warranty term for these contracts shall meet or exceed the following:
• Bumper-To-Bumper warranty shall cover not less than three (3) years/36,000 miles, no charge for parts and labor.
• Power Train/Drive Unit warranty shall cover not less than five (5) years/60,000 miles, no charge for parts and labor.
• Battery pack warranty shall cover not less than five (5) years/100,000 miles, no charge for parts and labor.

See Attachment A – Contract Pricing for line-item specific Bumper-to-Bumper warranty terms.

City Council 8 – 22 1/16/2024

STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES

PROCUREMENT DIVISION
Contract (Mandatory) 1-23-23-22 A-D & F-G
Contract User Instructions, *Supplement 5*
Contract 1-23-23-22 A-D & F-G Page 18 *11/15/2023*
User Instructions
If warranty includes prescribed preventative maintenance procedures, the preventative maintenance may be performed at a state facility by state personnel without voiding the warranty.

Normal wear items such as tires, belts, hoses, headlamps, light bulbs, brake linings, brake discs/drums, etc. are excluded from warranty coverage. All other items not subject to normal wear or gross operator neglect and abuse, such as window, seat, or wiper motors, chassis electrical switches (door, trunk lid), paint, hinges, locks, etc., shall be covered.

The State reserves the right to use re-refined lubrication oils, where available, in lieu of virgin equivalent oils. The re-refined oils used by the State will meet all API and SAE standards and specifications as set forth by the vehicle manufacturer. The use of said oils shall in no way void or degrade the original manufacturer’s standard warranty.

The State reserves the right to use recycled content antifreeze/coolant, where available, in lieu of virgin equivalent antifreeze/coolant when servicing its vehicles. The recycled content antifreeze/coolant used by the State will meet all ATSM standards and specifications as set forth by the vehicle manufacturer.

Inoperable vehicles shall be towed, at the contractor’s expense, to the nearest service repair facility due to a break down or malfunction and shall be included as part of the vehicle warranty.

Contractors may offer extended warranties under their contract.

REPAIR PARTS
The manufacture of the awarded vehicle(s) should maintain an adequate stock of all regular and special parts to meet the continuing service and repair parts needs of the State without undue delay.

A special system shall be set up for expediting the procurement of back-order items needed to repair an inoperative vehicle including a system to air freight parts at factory expense when parts are not in stock in California parts depots. Parts must be available within three (3) working days after telephone notification.

Vehicles with new technology emerging into the industry (e.g., fuel cell vehicles) may require more than (3) working days for the availability of certain parts. Contractor must notify the State Contract Administrator and ordering agency when this occurs and provide the estimated date of availability.

RECYCLED CONTENT
State departments are required to report purchases in many product categories. The Postconsumer-Content Certification Form (CIWMB 74) for the Contractors are attached (Attachment C).

City Council 8 – 23 1/16/2024

STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES

PROCUREMENT DIVISION
Contract (Mandatory) 1-23-23-22 A-D & F-G
Contract User Instructions, *Supplement 5*
Contract 1-23-23-22 A-D & F-G Page 19 *11/15/2023*
User Instructions

SB/DVBE PARTICIPATION
There is no Small Business (SB) or Disabled Veteran Business Enterprise (DVBE) participation for this contract.

ATTACHMENTS
Attachment A – Contract Pricing Supplement 4
Attachment B – Technical Specifications 2320-0211431
Attachment C – Postconsumer Content Certification Workbook Supplement 4 Attachment D – Vehicle Specifications/Standard Options – Coming Soon City Council 8 – 24 1/16/2024
1 Contact Line Item #
(CLIN)
Description UNSPSC Code Unit of Measure
(UOM)
Quantity in Unit of
Measure Make Model Vehicle Contract Unit Price Included Bumper To Bumper Warranty Dealer Contract Number
1 Cargo Step Van, Cargo Volume 500
Cubic ft., ELECTRIC Fueled, 10,001
lb. GVWR,70 kWh 25101519 Each 1
2 Cargo Step Van, Cargo Volume 500
Cubic ft., ELECTRIC Fueled, 10,001
lb. GVWR, 100 kWh 25101519 Each 1
3 Cargo Step Van, Cargo Volume 500
Cubic ft. , ELECTRIC Fueled, 10,001
lb. GVWR, 120 kWh 25101519 Each 1
4 Cargo Step Van, Cargo Volume 500
Cubic ft., ELECTRIC Fueled, 14,001
lb. GVWR 25101519 Each 1
FCCC MT50e $ 257,018.00 3 Years/36k Miles Sacramento Truck Center 1-23-23-22C 5 Cargo Step Van, Cargo Volume 500
Cubic ft., ELECTRIC Fueled, 16,001
lb. GVWR, 130 kWh 25101519 Each 1
FCCC MT50e $ 224,643.00 3 Years/36k Miles Los Angeles Truck Centers, LLC 1-23-23-22A 5 Cargo Step Van, Cargo Volume 500
Cubic ft., ELECTRIC Fueled, 16,001
lb. GVWR, 130 kWh 25101520 Each 1
XOS SV $ 154,999.00 3 Years/Unlimited Miles XOS Services, Inc. 1-23-23-22F 6 Cargo Step Van, Cargo Volume 800
Cubic ft., ELECTRIC Fueled, 19,501
lb. GVWR 130 kWh 25101519 Each 1
FCCC MT50e $ 225,964.00 3 Years/36k Miles Los Angeles Truck Centers, LLC 1-23-23-22A 6 Cargo Step Van, Cargo Volume 800
Cubic ft., ELECTRIC Fueled, 19,501
lb. GVWR 130 kWh 25101520 Each 1
XOS SV $ 154,999.00 3 Years/Unlimited Miles XOS Services, Inc. 1-23-23-22F 7 Cargo Panel Van, Cargo Volume 200
Cubic ft., ELECTRIC Fueled, 10,001
lb. GVWR, 40 kWh 25101519 Each 1
8 Cargo Panel Van, Cargo Volume 200
Cubic ft., ELECTRIC Fueled, 10,001
lb. GVWR, 80 kWh 25101519 Each 1
9 Cargo Panel Van, Cargo Volume 400
Cubic ft., ELECTRIC Fueled, 14,001
lb. GVWR, 70 kWh 25101519 Each 1
Rizon 16M $ 152,648.00 3 Years/36k Miles Los Angeles Truck Centers, LLC 1-23-23-22A 10 Cargo Panel Van, Cargo Volume 400
Cubic ft., ELECTRIC Fueled, 14,001
lb. GVWR, 100 kWh 25101519 Each 1
11 Cargo Panel Van, Cargo Volume 400
Cubic ft., ELECTRIC Fueled, 14,001
lb. GVWR, 110 kWh 25101519 Each 1
12 Cargo Panel Van, Cargo Volume 400
Cubic ft., ELECTRIC Fueled, 14,001
lb. GVWR, 120 kWh 25101519 Each 1
Rizon 16L $ 160,874.00 3 Years/36k Miles Los Angeles Truck Centers, LLC 1-23-23-22A 13 Cargo Panel Van Cab and Chassis,
ELECTRIC Fueled, 16,001 lb. GVWR,
120 kWh 25101519 Each 1
Rizon 18L $ 148,500.00 3 Years/36k Miles Los Angeles Truck Centers, LLC 1-23-23-22A No Award
No Award
No Award
No Award
No Award
No Award
No Award
Alternate Fuel Medium/Heavy Duty Vehicles
Attachment A - Contract Pricing *Supplement 4*
*Contract 1-23-23-22 (A-D&F-G)*
Payment Terms
$500 discount per vehicle for payment within 20 days - (Only Contracts 1-23-23-22A&B) City Council 8 – 25 1/16/2024
2 Contact Line Item #
(CLIN)
Description UNSPSC Code Unit of Measure
(UOM)
Quantity in Unit of
Measure Make Model Vehicle Contract Unit Price Included Bumper To Bumper Warranty Dealer Contract Number
14 Cargo Panel Van Cab and Chassis,
ELECTRIC Fueled, 160 in. WB,
19,001 lb. GVWR, 120 kWh 25101519 Each 1
15 Cargo Panel Van Cab and Chassis,
ELECTRIC Fueled, 170 in. WB,
19,001 lb. GVWR, 120 kWh 25101519 Each 1
16 Cargo Panel Van Cab and Chassis,
ELECTRIC Fueled, 190 in. WB,
19,001 lb. GVWR, 120 kWh 25101519 Each 1
17 Cargo Panel Van Cab and Chassis,
ELECTRIC Fueled, 200 in. WB,
19,001 lb. GVWR, 120 kWh 25101519 Each 1
18 Passenger Van, ELECTRIC Fueled,
144 in. WB, 12 Passenger,10,001
lb.GVWR, 65 kWh 25101519 Each 1
19 Passenger Van, ELECTRIC Fueled,.
144 in. WB, 12 Passenger, 10,001 lb.

GVWR 120 kWh 25101519 Each 1
20 Passenger Van, ELECTRIC Fueled,
176 in. WB, 12 Passenger, 14,001 lb.

GVWR 80 kWh 25101519 Each 1
21 Passenger Van, ELECTRIC Fueled,
176 in. WB, 12 Passenger, 14,001 lb.

GVWR 120 kWh 25101519 Each 1
22 Truck, Cab & Chassis, Cab Over,
Cutaway, 4X2, ELECTRIC Fueled,
10,001 lb. GVWR 80 kWh 25101619 Each 1
23 Truck, Cab & Chassis, Traditional Cab,
Cutaway, 4X2, ELECTRIC Fueled,
10,001 lb. GVWR 80 kWh 25101619 Each 1
24 Truck, Cab & Chassis, Cab Over,
Cutaway, 4X2, ELECTRIC Fueled,
10,001 lb. GVWR 120 kWh 25101619 Each 1
25 Truck, Cab & Chassis, Traditional Cab,
Cutaway, 4X2, ELECTRIC Fueled,
10,001 lb. GVWR 120 kWh 25101619 Each 1
26 Truck, Cab & Chassis, Cab Over,
Cutaway, 4X2, ELECTRIC Fueled,
14,001 lb. GVWR 80 kWh 25101619 Each 1
27 Truck, Cab & Chassis, Traditional Cab,
Cutaway, 4X2, ELECTRIC Fueled,
14,001 lb. GVWR 80 kWh 25101619 Each 1
28 Truck, Cab & Chassis, Cab Over,
Cutaway, 4X2, ELECTRIC Fueled,
14,001 lb. GVWR 120 kWh 25101619 Each 1
29 Truck, Cab & Chassis, Traditional Cab,
Cutaway, 4X2, ELECTRIC Fueled,
14,001 lb. GVWR 120 kWh 25101619 Each 1
30 Truck, Cab & Chassis, Cab Over,
Cutaway, 4X2, ELECTRIC Fueled,
16,001 lb. GVWR 80 kWh 25101619 Each 1
31 Truck, Cab & Chassis, Traditional Cab,
Cutaway, 4X2, ELECTRIC Fueled,
16,001 lb. GVWR 80 kWh 25101619 Each 1
No Award
No Award
No Award
No Award
No Award
No Award
No Award
No Award
No Award
No Award
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No Award
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No Award
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No Award
City Council 8 – 26 1/16/2024
3 Contact Line Item #
(CLIN)
Description UNSPSC Code Unit of Measure
(UOM)
Quantity in Unit of
Measure Make Model Vehicle Contract Unit Price Included Bumper To Bumper Warranty Dealer Contract Number
32 Truck, Cab & Chassis, Cab Over,
Cutaway, 4X2, ELECTRIC Fueled,
16,001 lb. GVWR 120 kWh 25101619 Each 1
33 Truck, Cab & Chassis, Traditional Cab,
Cutaway, 4X2, ELECTRIC Fueled,
16,001 lb. GVWR 120 kWh 25101619 Each 1
34 Truck, Cab & Chassis, Cab Over,
Cutaway, 4X2, ELECTRIC Fueled,
19,501 lb. GVWR 80 kWh 25101619 Each 1
35 Truck, Cab & Chassis, Traditional Cab,
Cutaway, 4X2, ELECTRIC Fueled,
19,501 lb. GVWR 80 kWh 25101619 Each 1
36 Truck, Cab & Chassis, Cab Over,
Cutaway, 4X2, ELECTRIC Fueled,
19,501 lb. GVWR 120 kWh 25101619 Each 1
37 Truck, Cab & Chassis, Traditional Cab,
Cutaway, 4X2, ELECTRIC Fueled,
19,501 lb. GVWR 120 kWh 25101619 Each 1
Freightliner eM2 $ 284,432.00 3 Years/36k Miles Los Angeles Truck Centers, LLC 1-23-23-22A 38 Truck, Cab & Chassis, Cab Over,
Cutaway, 4X2, ELECTRIC Fueled,
26,001 lb. GVWR 80 kWh 25101619 Each 1
39 Truck, Cab & Chassis, Traditional Cab,
Cutaway, 4X2, ELECTRIC Fueled,
26,001 lb. GVWR 80 kWh 25101619 Each 1
40 Truck, Cab & Chassis, Cab Over,
Cutaway, 4X2, ELECTRIC Fueled,
26,001 lb. GVWR 120 kWh 25101619 Each 1
41 Truck, Cab & Chassis, Traditional Cab,
Cutaway, 4X2, ELECTRIC Fueled,
26,001 lb. GVWR 120 kWh 25101619 Each 1
Freightliner eM2 $ 334,893.00 3 Years/36k Miles Los Angeles Truck Centers, LLC 1-23-23-22A 42 Truck, Cab & Chassis, Cab Over,
Cutaway, 4X2, ELECTRIC Fueled,
33,001 lb. GVWR 80 kWh 25101619 Each 1
43 Truck, Cab & Chassis, Traditional Cab,
Cutaway, 4X2, ELECTRIC Fueled,
33,001 lb. GVWR 80 kWh 25101619 Each 1
44 Truck, Cab & Chassis, Cab Over,
Cutaway, 4X2, ELECTRIC Fueled,
33,001 lb. GVWR 120 kWh 25101619 Each 1
45 Truck, Cab & Chassis, Traditional Cab,
Cutaway, 4X2, ELECTRIC Fueled,
33,001 lb. GVWR 120 kWh 25101619 Each 1
46 Truck, Cab & Chassis, Cab Over,
ELECTRIC Fueled, 10,001 lb. GVWR
80 kWh 25101619 Each 1
47 Truck, Cab & Chassis, Traditional Cab,
ELECTRIC Fueled, 10,001 lb. GVWR
80 kWh 25101619 Each 1
48 Truck, Cab & Chassis, Cab Over,
ELECTRIC Fueled, 10,001 lb. GVWR
120 kWh 25101619 Each 1
49 Truck, Cab & Chassis, Traditional Cab,
ELECTRIC Fueled, 10,001 lb. GVWR
120 kWh 25101619 Each 1
No Award
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No Award
No Award
No Award
No Award
No Award
No Award
City Council 8 – 27 1/16/2024
4 Contact Line Item #
(CLIN)
Description UNSPSC Code Unit of Measure
(UOM)
Quantity in Unit of
Measure Make Model Vehicle Contract Unit Price Included Bumper To Bumper Warranty Dealer Contract Number
50 Truck, Cab & Chassis, Cab Over,
ELECTRIC Fueled, 14,001 lb. GVWR
80 kWh 25101619 Each 1
Rizon e16M $ 139,787.00 3 Years/36k Miles Los Angeles Truck Centers, LLC 1-23-23-22A 51 Truck, Cab & Chassis, Traditional Cab,
ELECTRIC Fueled, 14,001 lb. GVWR
80 kWh 25101619 Each 1
52 Truck, Cab & Chassis, Cab Over,
ELECTRIC Fueled, 14,001 lb. GVWR
100 kWh 25101619 Each 1
53 Truck, Cab & Chassis, Traditional Cab,
ELECTRIC Fueled, 14,001 lb. GVWR
100 kWh 25101619 Each 1
54 Truck, Cab & Chassis, Cab Over,
ELECTRIC Fueled, 14,001 lb. GVWR
120 kWh 25101619 Each 1
RIzon e16L $ 148,013.00 3 Years/36k Miles Los Angeles Truck Centers, LLC 1-23-23-22A 55 Truck, Cab & Chassis, Traditional Cab,
ELECTRIC Fueled, 14,001 lb. GVWR
120 kWh 25101619 Each 1
56 Truck, Cab & Chassis, Cab Over,
ELECTRIC Fueled, 14,001 lb. GVWR
130 kWh 25101619 Each 1
57 Truck, Cab & Chassis, Traditional Cab,
ELECTRIC Fueled, 14,001 lb. GVWR
130 kWh 25101619 Each 1
58 Truck, Cab & Chassis, Cab Over,
ELECTRIC Fueled, 14,001 lb. GVWR
150 kWh 25101619 Each 1
59 Truck, Cab & Chassis, Traditional Cab,
ELECTRIC Fueled, 14,001 lb. GVWR
150 kWh 25101619 Each 1
60 Truck, Cab & Chassis, Cab Over,
ELECTRIC Fueled, 16,001 lb. GVWR
130 kWh 25101619 Each 1
61 Truck, Cab & Chassis, Traditional Cab,
ELECTRIC Fueled, 16,001 lb. GVWR
130 kWh 25101619 Each 1
62 Truck, Cab & Chassis, Cab Over,
ELECTRIC Fueled, 16,001 lb. GVWR
140 kWh 25101619 Each 1
63 Truck, Cab & Chassis, Traditional Cab
ELECTRIC Fueled, 16,001 lb. GVWR
140 kWh 25101619 Each 1
64 Truck, Cab & Chassis, Cab Over,
ELECTRIC Fueled, 19,501 lb. GVWR
200 kWh 25101619 Each 1
65 Truck, Cab & Chassis, Traditional Cab,
ELECTRIC Fueled, 19,501 lb. GVWR
200 kWh 25101619 Each 1
66 Truck, Cab & Chassis, Cab Over,
ELECTRIC Fueled, 19,501 lb. GVWR
240 kWh 25101619 Each 1
67 Truck, Cab & Chassis, Traditional Cab,
ELECTRIC Fueled, 19,501 lb. GVWR
240 kWh 25101619 Each 1
Freightliner eM2 $ 341,980.00 3 Years/150k Miles Sacramento Truck Center 1-23-23-22C No Award
No Award
No Award
No Award
No Award
No Award
No Award
No Award
No Award
No Award
No Award
No Award
No Award
No Award
No Award
City Council 8 – 28 1/16/2024
5 Contact Line Item #
(CLIN)
Description UNSPSC Code Unit of Measure
(UOM)
Quantity in Unit of
Measure Make Model Vehicle Contract Unit Price Included Bumper To Bumper Warranty Dealer Contract Number
68 Truck, Cab & Chassis, Cab Over,
ELECTRIC Fueled, 19,501 lb. GVWR
300 kWh 25101619 Each 1
69 Truck, Cab & Chassis, Traditional Cab,
ELECTRIC Fueled, 19,501 lb. GVWR
300 kWh 25101619 Each 1
70 Truck, Cab & Chassis, Cab Over
ELECTRIC Fueled, 23,000 lb. GVWR
150 kWh 25101619 Each 1
71 Truck, Cab & Chassis, Traditional Cab,
ELECTRIC Fueled, 23,000 lb. GVWR
150 kWh* 25101619 Each 1
Freightliner eM2 $ 296,201.00 3 Years/150k Miles Sacramento Truck Center 1-23-23-22C *72
Truck, Cab & Chassis, Cab Over
ELECTRIC Fueled, 23,000 lb. GVWR
200 kWh 25101619 Each 1
Battle Motors LNT $ 385,130.00 3 Years/36k Miles Western Truck Parts & Euipment Co., LLC 1-23-23-22G* *72
Truck, Cab & Chassis, Cab Over
ELECTRIC Fueled, 23,000 lb. GVWR
200 kWh 25101619 Each 1
Peterbilt 220 $ 386,896.00 3 Years/300k Miles Western Truck Parts & Euipment Co., LLC 1-23-23-22G* 73 Truck, Cab & Chassis, Traditional Cab,
ELECTRIC Fueled, 23,000 lb. GVWR
200 kWh 25101619 Each 1
International eMV $ 339,945.00 3 Years/Unlimited Miles Riverview International Trucks, LLC 1-23-23-22B *74
Truck, Cab & Chassis, Cab Over
ELECTRIC Fueled, 23,000 lb. GVWR
250 kWh 25101619 Each 1
Peterbilt 220 $ 427,192.00 3 Years/300k Miles Western Truck Parts & Euipment Co., LLC 1-23-23-22G* 75 Truck, Cab & Chassis, Traditional Cab,
ELECTRIC Fueled, 23,000 lb. GVWR
250 kWh* 25101619 Each 1
Freightliner eM2 $ 341,980.00 3 Years/150k Miles Sacramento Truck Center 1-23-23-22C 76 Truck, Cab & Chassis, Cab Over,
ELECTRIC Fueled, 4X2, 26,001 lb.

GVWR 130 kWh 25101619 Each 1
77 Truck, Cab & Chassis, Traditional Cab,
ELECTRIC Fueled, 4X2, 26,001 lb.

GVWR 130 kWh 25101619 Each 1
78 Truck, Cab & Chassis, Cab Over,
ELECTRIC Fueled, 4X2, 26,001 lb.

GVWR 240 kWh 25101619 Each 1
79 Truck, Cab & Chassis, Traditional Cab,
ELECTRIC Fueled, 4X2, 26,001 lb.

GVWR 240 kWh 25101619 Each 1
80 Truck, Cab & Chassis, Cab Over,
ELECTRIC Fueled, 4X2, 26,001 lb.

GVWR 300 kWh 25101619 Each 1
81 Truck, Cab & Chassis, Traditional Cab,
ELECTRIC Fueled, 4X2, 26,001 lb.

GVWR 300 kWh 25101619 Each 1
82 Truck, Cab & Chassis, Cab Over,
ELECTRIC Fueled, 4X2, 26,001 lb.

GVWR 350 kWh 25101619 Each 1
83 Truck, Cab & Chassis, Traditional Cab,
ELECTRIC Fueled, 4X2, 26,001 lb.

GVWR 350 kWh 25101619 Each 1
84 Truck, Cab & Chassis,Traditional Cab,
ELECTRIC Fueled, 4X2, 30,000 lb.

GVWR 150 kWh 25101619 Each 1
Freightliner eM2 $ 296,201.00 3 Years/150k Miles Sacramento Truck Center 1-23-23-22C No Award
No Award
No Award
No Award
No Award
No Award
No Award
No Award
No Award
No Award
No Award
City Council 8 – 29 1/16/2024
6 Contact Line Item #
(CLIN)
Description UNSPSC Code Unit of Measure
(UOM)
Quantity in Unit of
Measure Make Model Vehicle Contract Unit Price Included Bumper To Bumper Warranty Dealer Contract Number
85 Truck, Cab & Chassis,Cab Over,
ELECTRIC Fueled, 4X2, 30,000 lb.

GVWR 150 kWh 25101619 Each 1
86 Truck, Cab & Chassis, Traditional Cab,
ELECTRIC Fueled, 4X2, 30,000 lb.

GVWR 200 kWh 25101619 Each 1
International eMV $ 339,945.00 3 Years/Unlimited Miles Riverview International Trucks, LLC 1-23-23-22B *87
Truck, Cab & Chassis, Cab Over,
ELECTRIC Fueled, 4X2, 30,000 lb.

GVWR 200 kWh 25101619 Each 1
Peterbilt 220 $ 386,896.00 3 Years/300k Miles Western Truck Parts & Euipment Co., LLC 1-23-23-22G* 88 Truck, Cab & Chassis, Traditional Cab,
ELECTRIC Fueled, 4X2, 30,000 lb.

GVWR 250 kWh 25101619 Each 1
Freightliner eM2 $ 324,300.00 3 Years/36k Miles Los Angeles Truck Centers, LLC 1-23-23-22A *89
Truck, Cab & Chassis, Cab Over,
ELECTRIC Fueled, 4X2, 30,000 lb.

GVWR 250 kWh 25101619 Each 1
Peterbilt 220 $ 427,192.00 3 Years/300k Miles Western Truck Parts & Euipment Co., LLC 1-23-23-22G* 90 Truck, Cab & Chassis, Traditional Cab,
ELECTRIC Fueled, 4X2, 30,000 lb.

GVWR 300 kWh 25101619 Each 1
*91
Truck, Cab & Chassis, Cab Over,
ELECTRIC Fueled, 4X2, 30,000 lb.

GVWR 300 kWh 25101619 Each 1
Battle Motors LNT $ 464,451.00 3 Years/36k Miles Western Truck Parts & Euipment Co., LLC 1-23-23-22G* 92 Truck, Cab & Chassis, Cab Over,
ELECTRIC Fueled, 4X2, 33,001 lb.

GVWR 200 kWh 25101619 Each 1
Battle Motors LNT $ 381,784.00 3 Years/36k Miles Los Angeles Truck Centers, LLC 1-23-23-22A 93 Truck, Cab & Chassis, Traditional Cab,
ELECTRIC Fueled, 4X2, 33,001 lb.

GVWR 200 kWh 25101619 Each 1
94 Truck, Cab & Chassis, Cab Over,
ELECTRIC Fueled, 4X2, 33,001 lb.

GVWR 300 kWh 25101619 Each 1
Battle Motors LET $ 422,132.00 3 Years/36k Miles Los Angeles Truck Centers, LLC 1-23-23-22A 95 Truck, Cab & Chassis, Traditional Cab,
ELECTRIC Fueled, 4X2, 33,001 lb.

GVWR 300 kWh 25101619 Each 1
Volvo VNRE42300 $ 353,441.76 5 Years/300k Miles TEC of California, Inc. 1-23-23-22D 96 Truck, Cab & Chassis, Cab Over,
ELECTRIC Fueled, 4X2, 33,001 lb.

GVWR 400 kWh 25101619 Each 1
97 Truck, Cab & Chassis, Traditional Cab,
ELECTRIC Fueled, 4X2, 33,001 lb.

GVWR 400 kWh 25101619 Each 1
98 Truck, Tractor, 6X4, Traditional Cab ,
ELECTRIC Fueled, 75,000 lb. GCWR
350 kWh 25101619 Each 1
International eRH $ 483,090.00 3 Years/Unlimited Miles Riverview International Trucks, LLC 1-23-23-22B 98 Truck, Tractor, 6X4, Traditional Cab ,
ELECTRIC Fueled, 75,000 lb. GCWR
350 kWh 25101620 Each 1
Volvo VNRE64T300 $ 385,487.10 5 Years/300k Miles TEC of California, Inc. 1-23-23-22D 99 Truck, Tractor, 6X4, Traditional Cab ,
ELECTRIC Fueled, 75,000 lb. GCWR
400 kWh 25101619 Each 1
Freightliner eCascadia $ 432,104.00 3 Years/36k Miles Los Angeles Truck Centers, LLC 1-23-23-22A 101
Truck, Tractor, 6X4, Traditional Cab ,
ELECTRIC Fueled, 75,000 lb. GCWR
450 kWh 25101619 Each 1
International eRH $ 549,750.00 3 Years/Unlimited Miles Riverview International Trucks, LLC 1-23-23-22B 102
Truck, Tractor, 6X4, Traditional Cab ,
ELECTRIC Fueled, 75,000 lb. GCWR
500 kWh 25101619 Each 1
International eRH $ 625,555.00 3 Years/Unlimited Miles Riverview International Trucks, LLC 1-23-23-22B No Award
No Award
No Award
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No Award
City Council 8 – 30 1/16/2024
7 Contact Line Item #
(CLIN)
Description UNSPSC Code Unit of Measure
(UOM)
Quantity in Unit of
Measure Make Model Vehicle Contract Unit Price Included Bumper To Bumper Warranty Dealer Contract Number
102
Truck, Tractor, 6X4, Traditional Cab ,
ELECTRIC Fueled, 75,000 lb. GCWR
500 kWh 25101620 Each 1
Volvo VNRE64T300 $ 431,187.16 5 Years/300k Miles TEC of California, Inc. 1-23-23-22D 103
Truck, Tractor, 6X4, Traditional Cab ,
ELECTRIC Fueled, 105,000 lb. GCWR
650 kWh 25101619 Each 1
104
Truck, Tractor, 6X4, Traditional Cab ,
ELECTRIC Fueled, 75,000 lb. GCWR
750 kWh 25101619 Each 1
105
Truck, Tractor, 6X4, Traditional Cab,
FUEL CELL Fueled, 80,000 lb. GCWR
25101619 Each 1
106
Truck, Tractor, 6X4, Cab Over,
ELECTRIC Fueled, 75,000 lb. GCWR
350 kWh 25101619 Each 1
107
Truck, Tractor, 6X4, Cab Over,
ELECTRIC Fueled, 75,000 lb. GCWR
350 kWh 25101619 Each 1
108
Truck, Tractor, 6X4, Cab Over,
ELECTRIC Fueled, 75,000 lb. GCWR
400 kWh 25101619 Each 1
109
Truck, Tractor, 6X4, Cab Over,
ELECTRIC Fueled, 105,000 lb. GCWR
400 kWh 25101619 Each 1
110
Truck, Tractor, 6X4, Cab Over,
ELECTRIC Fueled, 75,000 lb. GCWR
450 kWh 25101619 Each 1
111
Truck, Tractor, 6X4, Cab Over,
ELECTRIC Fueled, 75,000 lb. GCWR
500 kWh 25101619 Each 1
112
Truck, Tractor, 6X4, Cab Over,
ELECTRIC Fueled, 105,000 lb. GCWR
650 kWh 25101619 Each 1
113
Truck, Tractor, 6X4, Cab Over,
ELECTRIC Fueled, 75,000 lb. GCWR
750 kWh 25101619 Each 1
114
Truck, Tractor, 6X4, Cab Over, FUEL
CELL Fueled, 80,000 lb. GCWR
25101619 Each 1
115
Truck, Tractor, 6X4, Cab Over,
ELECTRIC Fueled, 850 kWh
25101619 Each 1
116
Truck, Cab and Chassis, 6x4, Cab
Over, FUEL CELL Fueled, 33,001 lb.

GVWR 25101619 Each 1
117
Truck, Cab and Chassis,
6x4,Convental Cab, FUEL CELL
Fueled, 33,001 lb. GVWR 25101619 Each 1
118
Truck, Cab and Chassis, 6x4, Cab
Over, ELECTRIC Fueled, 55000 lb.

GVWR 250 kWh 25101619 Each 1
Battle Motors LET $ 430,987.00 3 Years/36k Miles Los Angeles Truck Centers, LLC 1-23-23-22A 120
Truck, Cab and Chassis, 6x4, Cab
Over, ELECTRIC Fueled, 33,001 lb.

GVWR 220 kWh 25101619 Each 1
No Award
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City Council 8 – 31 1/16/2024
8 Contact Line Item #
(CLIN)
Description UNSPSC Code Unit of Measure
(UOM)
Quantity in Unit of
Measure Make Model Vehicle Contract Unit Price Included Bumper To Bumper Warranty Dealer Contract Number
121
Truck, Cab and Chassis, Conventional
Cab, ELECTRIC Fueled, 33,001 lb.

GVWR 220 kWh 25101619 Each 1
122
Truck, Cab and Chassis, 6x4, Cab
Over, ELECTRIC Fueled, 33,001 lb.

GVWR 250 kWh 25101619 Each 1
123
Truck, Cab and Chassis, 6x4,
Conventional Cab, ELECTRIC Fueled,
33,001 lb. GVWR 250 kWh 25101619 Each 1
Freightliner eCascadia $ 366,636.00 3 Years/36k Miles Los Angeles Truck Centers, LLC 1-23-23-22A 124
Truck, Cab and Chassis, 6x4, Cab
Over, ELECTRIC Fueled, 33,001 lb.

GVWR 300 kWh 25101619 Each 1
125
Truck, Cab and Chassis, 6x4,
Conventional Cab, ELECTRIC Fueled,
33,001 lb. GVWR 300 kWh 25101619 Each 1
126
Truck, Cab and Chassis, 6x4, Cab
Over, ELECTRIC Fueled, 33,001 lb.

GVWR 350 kWh 25101619 Each 1
Mack LRE64 $ 429,647.00 5 Years/250k Miles TEC of California, Inc. 1-23-23-22D 127
Truck, Cab and Chassis, 6x4,
Conventional Cab, ELECTRIC Fueled,
33,001 lb. GVWR 350 kWh 25101619 Each 1
Volvo VNRE64300 $ 376,069.44 5 Years/300k Miles TEC of California, Inc. 1-23-23-22D 128
Truck, Cab and Chassis, 6x4, Cab
Over, ELECTRIC Fueled, 33,001 lb.

GVWR 400 kWh 25101619 Each 1
129
Truck, Cab and Chassis, 6x4,
Conventional Cab, ELECTRIC Fueled,
33,001 lb. GVWR 400 kWh 25101619 Each 1
Freightliner eCascadia $ 439,604.00 3 Years/36k Miles Los Angeles Truck Centers, LLC 1-23-23-22A 130
Truck, Cab and Chassis, 6x4, Cab
Over, ELECTRIC Fueled, 33,001 lb.

GVWR 450 kWh 25101619 Each 1
131
Truck, Cab and Chassis, 6x4,
Conventional Cab, ELECTRIC Fueled,
33,001 lb. GVWR 450 kWh 25101619 Each 1
Contact Line Item #
(CLIN)
Description Quantity in Unit of
Measure
Make Model
SKU #/Item # Manufacturer Part
Number Contract Unit Price
n/a Additional Options, (cost plus) various n/a n/a various various Dealer Cost up to + 10 % n/a Removal of Options, (cost minus) various n/a n/a various various Dealer Cost up to + 10 % End of Sheet
The following items are applicable for options only.

No Award
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No Award
No Award
No Award
No Award
City Council 8 – 32 1/16/2024
Public Works Agency
www.santa-ana.org/public-works
Item # 9
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
January 16, 2024
TOPIC: Traffic Counting Services

AGENDA TITLE
Approve an Appropriation Adjustment and Increase the Agreement Amount by $100,000 for Existing Agreements with AimTD, LLC and Transportation Studies, Inc. for a New Aggregate Amount Not to Exceed $240,000 (Project Nos. 21-6897, 22-6897, 23- 6897, 24-6897) (Non-General Fund)

RECOMMENDED ACTION
Authorize the City Manager to execute second amendments to agreements for traffic counting services with AimTD, LLC and Transportation Studies, Inc., to increase the agreement aggregate amount by an additional $100,000, for a total agreement aggregate amount of $240,000 from June 30, 2024 to June 30, 2025 (Agreement No. A2024-XXX).

GOVERNMENT CODE §84308 APPLIES: Yes

DISCUSSION
The City performs studies for neighborhood traffic safety on an on-going basis, and staff requires current traffic counts and field data in order to recommend improvements that will lead to positive benefits to our community. Therefore, staff needs access to specialized traffic counting services to conduct counts for neighborhood studies, the biannual citywide traffic volume study, pedestrian and bicycle counts, and the annual traffic signal and left-turn signal priority studies. The scope of services for this agreement also includes data collection and speed surveys in support of speed hump requests.

On July 20, 2021, the City Council approved professional services agreements for the traffic counting services. Two consultants, AimTD, LLC. and Transportation Studies, Inc., were approved for delivering these traffic counting services. Subsequently, on May 3, 2022, City Council authorized an additional $40,000 to be added to the agreement.

The approvals, so far, have allocated a total of $140,000 for use in Fiscal Years 2022- 2023 and 2023-24. Due to the large number of traffic counts that have been conducted to comply with Citywide bi-annual traffic volume counts, various grant traffic count requirements, as well as the citywide neighborhood traffic studies, the current fund expenditure limit of $140,000 for Fiscal Year 2022-23 has been met. In order to City Council 9 – 1 1/16/2024
Traffic Counting Services
January 16, 2024

Page 2 ends

continue to address neighborhood traffic safety related concerns and to allow for additional counts needed for grants, an increase in the expenditure limit is needed for the current Fiscal Year 2022-23 and future Fiscal Year 2023-24.

Additionally, the City Council approved these agreements to allow the City Manager and City Attorney to extend the term of the agreement for up to two one-year periods as needed. Staff recommends amending the Fiscal Year 2023-24 Traffic Counting Services expenditure amount limit by an additional $100,000 for a new total aggregate amount of $240,000 for the remaining Fiscal Year 2023-2024 and future Fiscal Year 2024-2025. Staff also recommends the City Manager and City Attorney to extend the term of the agreements by one year with a new termination date of June 30, 2025 (Exhibits 1 and 2).

FISCAL IMPACT
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 expended at the end of the fiscal year will be presented to the City Council for approval of carry-overs to FY 2024-25.

Fiscal
Year
Accounting
Unit-Account
No.

Fund
Description
Accounting Unit,
Account
Description
Amount
Original Contract
2023-24 03217662-66220
(21-6897)
Measure M
Street
Construction
Measure M2 Local
Fairshare,
Improvements
Other Than
Building
$90,000
2023-24 03217662-66220
(22-6897)
Measure M
Street
Construction
Measure M2 Local
Fairshare,
Improvements
Other Than
Building
$50,000
Amended Contract
2023-24 03217662-66220
(23-6897)
Measure M
Street
Construction
Measure M2 Local
Fairshare,
Improvements
Other Than
Building
$50,000
2023-24 03217662-66220
(24-6897)
Measure M
Street
Construction
Measure M2 Local
Fairshare,
Improvements
Other Than
Building
$50,000
City Council 9 – 2 1/16/2024
Traffic Counting Services
January 16, 2024

Page 3 ends

Fiscal
Year
Accounting
Unit-Account
No.

Fund
Description
Accounting Unit,
Account
Description
Amount
TOTAL: $240,000

EXHIBIT(S)

1. Agreement Amendment – AimTD, LLC.

2. Agreement Amendment – Transportation Studies, Inc.

Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Tom Hatch, Interim City Manager
City Council 9 – 3 1/16/2024

Page 1 of 2 ends

SECOND AMENDMENT TO AGREEMENT WITH AIMTD, LLC,

FOR ON-CALL TRAFFIC COUNTING SERVICES
THIS SECOND AMENDMENT to the above-referenced agreement is entered into on January 16, 2024, by and between AimTD, LLC, a California limited liability company (“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. The parties entered into Agreement No. A-2021-136-02 (“Agreement”) dated July 20, 2021, to retain Consultant to provide traffic counting services. Consultant was one of the selected vendors to provide services and compensation is based on an aggregate amount available to the selected Consultants for services provided on an on-call basis. The Agreement is current and in-effect through June 30, 2024.

B. On May 3, 2022, the parties entered into a First Amendment to the Agreement (#A-2022- 066-01) to increase the overall compensation available to the selected Consultants.

C. The parties now wish to further amend the Agreement to increase overall not-to-exceed for the aggregate compensation amount and exercise their first option to extend the term of the Agreement
The Parties therefore agree:

1. Section 2, Compensation, is hereby amended to increase the total sum available to be expended under this Agreement from $140,000 to $240,000.

2. Section 3, Term, is hereby amended to extend the term of the Agreement until June 30, 2025. The parties agree that they are exercising their first option to extend the term of the Agreement.

3. Except as modified by this Second Amendment, all terms and conditions of the Agreement, as amended, shall remain in full force and effect.

IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to the Agreement on the date and year first written above.

CITY OF SANTA ANA
______________________________
Thomas R. Hatch
ATTEST
_______________________________
Jennifer L. Hall
City Clerk Interim City Manager
[signatures continued on next page]
EXHIBIT 1
City Council 9 – 4 1/16/2024

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APPROVED AS TO FORM AIMTD, LLC.

SONIA R. CARVALHO
City Attorney
By: ___________________________ _______________________________ Brandon Salvatierra Olga Polunin
Deputy City Attorney President and CEO

RECOMMENDED FOR APPROVAL
____________________________
Nabil Saba, P.E.

Executive Director
Public Works Agency
City Council 9 – 5 1/16/2024

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SECOND AMENDMENT TO AGREEMENT WITH
TRANSPORTATION STUDIES, INC., FOR ON-CALL

TRAFFIC COUNTING SERVICES
THIS SECOND AMENDMENT to the above-referenced agreement is entered into on January 16, 2024, by and between Transportation Studies, Inc., a California corporation (“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. The parties entered into Agreement No. A-2021-136-01 (“Agreement”) dated July 20, 2021, to retain Consultant to provide traffic counting services. Consultant was one of the selected vendors to provide services and compensation is based on an aggregate amount available to the selected Consultants for services provided on an on-call basis. The Agreement is current and in-effect through June 30, 2024.

B. On May 3, 2022, the parties entered into a First Amendment to the Agreement (#A-2022- 066-02) to increase the overall compensation available to the selected Consultants.

C. The parties now wish to further amend the Agreement to increase overall not-to-exceed amount for the aggregate compensation and exercise their first option to extend the term of the Agreement.

The Parties therefore agree:

1. Section 2, Compensation, is hereby amended to increase the total sum available to be expended under this Agreement from $140,000 to $240,000.

2. Section 3, Term, is hereby amended to extend the term of the Agreement until June 30, 2025. The parties agree that they are exercising their first option to extend the term of the Agreement.

3. Except as modified by this Second Amendment, all terms and conditions of the Agreement, as amended, shall remain in full force and effect.

IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to the Agreement on the date and year first written above.

ATTEST
_______________________________
Jennifer L. Hall
City Clerk

CITY OF SANTA ANA
______________________________
Thomas R. Hatch
Interim City Manager
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EXHIBIT 2
City Council 9 – 6 1/16/2024
City Council 9 – 7 1/16/2024
Public Works Agency
www.santa-ana.org/public-works
Item # 10
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
January 16, 2024
TOPIC: New Traffic Signal Installation at Chestnut Avenue and Zoo Lane (Formerly Elk Lane)

AGENDA TITLE
Award a Construction Contract to Baker Electric & Renewables LLC in the Amount of $691,335 for the Traffic Signal Installation at Chestnut Avenue and Zoo Lane (formerly Elk Lane) with an Estimated Project Delivery Cost of $864,168 (Project No. 23-6999) (Non-General Fund)

RECOMMENDED ACTION

1. Approve an amendment to the Fiscal Year 2023-24 Capital Improvement Program to include $864,168 of funding in Transportation System Impact Authority (TSIA) Area A and Capital Outlay Fund Parks Improvement funds for the Traffic Signal Installation at Chestnut Avenue and Zoo Lane (formerly Elk Lane) .

3. Authorize budget reallocation of $25,000 in unspent Capital Outlay Fund Parks Improvement account from the Maintenance & Repair Buildings & Ground (No. 24- 2600) Project to construction funds for the Traffic Signal Installation at Chestnut Avenue and Zoo Lane (formerly Elk Lane) (No. 23-6999) to complete the project funding requirement

City Council 10 – 1 1/16/2024
New Traffic Signal Installation at Chestnut Avenue and Zoo Lane (Formerly Elk Lane) January 16, 2024

Page 2 ends

5. Approve the Project Cost Analysis for a total estimated construction delivery cost of $864,168, which includes $691,335 for the construction contract, $103,700 for contract administration, inspection, and testing; and a $69,133 project contingency for unanticipated or unforeseen work.

6. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER-2020-96 was filed for the project 23-6999.

GOVERNMENT CODE §84308 APPLIES: No

DISCUSSION
A 2017 traffic impact analysis conducted for the development project at 1660 East First Street Elks Apartments indicated that a traffic signal is warranted at the intersection of Chestnut Avenue and Zoo Lane (formerly Elk Lane). Under the Mitigation Fee Act, the developer made a one-time payment to the City for their fair share of the cost to provide the necessary improvements. These funds were deposited in the Traffic System Impact Authority (TSIA) Area A revenue account and will be used to construct a new traffic signal at the intersection of Chestnut Avenue and Zoo Lane (formerly Elk Lane). The scope of work includes installation of traffic signal poles, conduit, wiring, video detection system, emergency vehicle preemption system, and a decorative Santa Ana Zoo themed crosswalk. Funding from Parks & Recreation Maintenance and Repair funds will be used to partially fund the Santa Ana Zoo themed crosswalk.

The project will also install new traffic signal fiber optic communication on Chestnut Avenue between Zoo Lane (formerly Elk Lane) and Grand Avenue, with improvements on Chestnut Avenue at Lyon Street and Grand Avenue (Exhibit 1). The purpose of the project is to improve traffic flow, safety, and accessibility for motorists, pedestrians, and bicyclists that utilize this corridor.

Public Outreach and Contractor Participation
To provide an opportunity for local vendors to submit bids, the City notified a total of 39 regional vendors via PlanetBids, many of which are Santa Ana based. A total of six bids were received. No bids were received from any Santa Ana contractors.

As legally required, a Notice Inviting Bids was advertised in the Orange County Register newspaper on August 30, 2023 and September 6, 2023. The project was also advertised on PlanetBids on September 9, 2023, and September 20, 2023.Bids were received electronically via PlanetBids on September 20, 2023. No bid protest was submitted by any of the bidders during the bid protest period.

City Council 10 – 2 1/16/2024
New Traffic Signal Installation at Chestnut Avenue and Zoo Lane (Formerly Elk Lane) January 16, 2024

Page 3 ends

Bid Results Summary
Rank Bidder’s Name Location Base Bid
1 Baker Electric & Renewables
LLC Escondido, CA $691,335
2 Elecnor Belco Electric, Inc. Chino, CA $697,588
3 International Line Builders,
Inc. Corona, CA $725,017
4 Select Electric, Inc. Vista, CA $749,079
5 DBX, Inc. Temecula, CA $749,200
6 Comet Electric, Inc Chatsworth, CA $802,868
A total of 6 bids were received and all were deemed responsive. Baker Electric and Renewable, Inc. submitted the lowest responsive base bid in the amount of $691,335 (Exhibit 2). As specified in the bid documents, the lowest bid shall be determined on the basis of the Base Bid. Based on the bid analysis and a contractor’s reference check, staff recommends awarding the construction contract to Baker Electric & Renewables LLC in the amount of the base bid totaling $691,335 (Exhibit 3).

Baker Electric & Renewables LLC has worked satisfactorily on various projects for the City of Santa Ana throughout the last several years. The most recent project is the Street Light Poles Replacement Project FY 2022-23.

Project Delivery
To deliver a complete project, in addition to the construction contract, the estimated total project delivery cost includes construction administration, inspection, and testing, along with an allowance for contingencies to account for unexpected or unforeseen conditions. Construction administration and inspection includes construction management; implementation of the labor requirements; inspection of the Contractor’s work to ensure contract compliance, workmanship, and quality; and materials testing.

As indicated in the Cost Analysis (Exhibit 4) and as summarized in the table below, the estimated total construction delivery cost of the project is $864,168.

Project Item Total
Construction Contract Bid Amount $ 691,335
Construction Administration, Inspection, Testing $ 103,700 Project Contingencies $ 69,133
TOTAL ESTIMATED CONSTRUCTION DELIVERY COST $ 864,168
City Council 10 – 3 1/16/2024
New Traffic Signal Installation at Chestnut Avenue and Zoo Lane (Formerly Elk Lane) January 16, 2024

Page 4 ends

ENVIRONMENTAL IMPACT
In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER2020-96 was filed for the project 23-6999.

FISCAL IMPACT
Approval of the requested Appropriation Adjustment will recognize TSIA Area A funds in the amount of $839,168 in the Prior Year Carry Forward revenue account (No. 99117002-50001) and appropriate the same amount to the TSIA Area A, Improvements Other than Buildings expenditure account (No. 99117950-66220).

Approval of the request to reallocate funds will provide funding in the amount of $25,000 in unspent Capital Outlay Fund Parks Improvement funds from the Maintenance & Repair Buildings & Ground Project (No. 24-2600).

Project No. 23-6999 is the number assigned to the funding for tracking of all expenditures to deliver the construction of this project. As indicated in the Cost Analysis, the estimated total construction delivery cost of the project is $864,168, which includes construction, contract administration, inspection and testing, and authorized contingencies of $103,700. All funds are available for expenditure in Fiscal Year 2023- 24, however any remaining balances not expended at the end of the fiscal year will be carried forward into FY 2024-25.

The following table summarizes the funds budgeted for expenditure to deliver construction of this project:

Fiscal
Year
Accounting
Unit - Account
No.
(Project No.)
Fund
Description
Accounting Unit,
Account No. Description Amount

APPROPRIATION ADJUSTMENT
2023-
24 99117950-
66220
(23-6999)
Transportation
System
Improvements
Authority Area
A
Transportation System
Improvements Authority
Area A, Improvements
Other Than Buildings
$839,168

ADDITIONAL BUDGET/BUDGET REALLOCATION
2023-
24 05113263-
62320 (From 24-
2600 to 23-
6999)
Capital Outlay
Fund
Park Improvements,
Maintenance & Repair
Buildings & Ground
$25,000
City Council 10 – 4 1/16/2024
New Traffic Signal Installation at Chestnut Avenue and Zoo Lane (Formerly Elk Lane) January 16, 2024

Page 5 ends

Fiscal
Year
Accounting
Unit - Account
No.
(Project No.)
Fund
Description
Accounting Unit,
Account No. Description Amount
Additional Budget/Budget Reallocation Total $839,168
Total $864,168

EXHIBIT(S)

1. Location Map

2. Bid Proposal

3. Construction Contract

4. Cost Analysis

5. CIP Project Sheet
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Tom Hatch, Interim City Manager
City Council 10 – 5 1/16/2024
PWA

SANTA ANA
PUBLIC WORKS AGENCY Project No. 23-6999:

Traffic Signal Installation at Chestnut Avenue and
Elk Lane
Exhibit 1
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City Council 10 – 30 1/16/2024

CITY OF SANTA ANA

CONSTRUCTION CONTRACT
PROJECT 23-6999

TRAFFIC SIGNAL INSTALLATION AT CHESTNUT A VENUE AND ELK LANE This CONSTRUCTION CONTRACT is made and entered into this 16th day of January, 2024 by and between the City of Santa Ana, California, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "CITY"), and Baker Electric & Renewables LLC (hereinafter "CONTRACTOR").

WITNESSETH:

The CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows:

1. CONTRACTOR agrees to perform all the work and furnish all the materials at its own cost and expense necessary to construct and complete in a good and workmanlike manner and to the satisfaction of the City Engineer of the CITY, the NE Annexation Water & Sewer Main Improvements Project (hereinafter referred to as the "WORK OF IMPROVEMENT") identified in and in accordance with the Contract Documents prepared by the City's Public Works Agency and approved by the City Council.

2. The complete Construction Contract consists of the "Contract Documents" as defined by the Standard Specifications for Public Works Construction and which include the following:
• Notice Inviting Bids
• Information to Bidders
• Bid Proposal
• Bid Bond
• Contract Form
• Contract Bonds
• General Provisions
• Special Provisions
• Technical Provisions and Project Plans
• Community Workforce Agreement
• Appendices
In case of conflict between the Contract Documents, the precedence of documents shall be as established in the Standard Specifications for Public Works Construction.

3. CITY agrees to pay and CONTRACTOR agrees to accept in full payment to complete the WORK OF IMPROVEMENT the sum total amount not to exceed Six Hundred Ninety One Thousand Three Hundred Thirty Four Dollars and Ninety Six Cents ($691,334.96), as set forth and identified in the BID PROPOSAL, which is attached hereto and incorporated herein as Exhibit "A," and in accordance with Section 2-7.1 of the Greenbook: Standard Specifications for Public Works Construction.

The BID PROPOSAL contains a schedule of unit price(s) or lump sum(s) based on approximate quantities only, and the City _does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any rev. 08/0 I /2023 Page 1 of 3
EXHIBIT 3
City Council 10 – 31 1/16/2024
City Council 10 – 32 1/16/2024
City Council 10 – 33 1/16/2024
Exhibit 4
Construction Contract 691,334.96 $
Contract Administration, Inspection and Testing 103,700.24 $ Contingencies 69,133.50 $
TOTAL ESTIMATED CONSTRUCTION COSTS $ 864,168.70
CONSTRUCTION OF PROJECT NO. 23-6999: Traffic Signal Installation at Chestnut Avenue and Elk Lane

COST ANALYSIS
City Council 10 – 34 1/16/2024
EXHIBIT 5
City Council 10 – 35 1/16/2024
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
January 16, 2024
TOPIC: OC Streetcar Operations and Maintenance Cooperative Agreement

AGENDA TITLE
Cooperative Agreement with the Orange County Transportation Authority for the Operations and Maintenance of the OC Streetcar System (Non-General Fund)

RECOMMENDED ACTION
Authorize the City Manager to execute a cooperative agreement with the Orange County Transportation Authority (OCTA) for the Operations and Maintenance of the OC Streetcar System for a term beginning on the effective date of this agreement for a period of 50 years, with an optional 20-year extension at the discretion of OCTA (Agreement No. A-2024-XXX).

GOVERNMENT CODE §84308 APPLIES: Yes

DISCUSSION
On July 7, 2015, a Memorandum of Understanding (MOU) was approved by City Council with the Orange County Transportation Authority (OCTA) for implementation of the OC Streetcar Project (Project). The MOU outlines the general roles and responsibilities for the development, implementation, operations, and maintenance phases of the Project between the City of Santa Ana and OCTA, and sets the framework for additional detailed agreements for the Design, Use of Right-of-Way, Construction, and Operations and Maintenance of the Project.

Since the approval of the MOU, the City Council has approved the following subsequent Streetcar agreements:
• Design Cooperative Agreement was approved on March 15, 2016 and defines the roles and responsibilities for design and preparation of construction documents for the Project.
• Use of Right-of-Way Cooperative Agreement was approved on February 7, 2017 and specifies the limits of use and the City’s and OCTA’s roles, responsibilities, and commitments as they relate to OCTA’s facilities in the public right-of-way. • Construction Cooperative Agreement was approved on April 4, 2017 that establishes the roles and responsibilities of the City and OCTA for construction phase of the Project.

City Council 11 – 1 1/16/2024
OC Streetcar Operations and Maintenance Cooperative Agreement January 16, 2024

Page 2 ends

The final agreement for the Project is the Operations and Maintenance Cooperative Agreement. This agreement must be in place in advance of the construction phase being complete to allow OCTA and the City time to prepare for the operation of the OC Streetcar System. The Project is approximately 80% complete as of the end of the last quarter. City and OCTA staff have reached consensus on the specific terms and conditions of the proposed agreement within the framework established by the approved MOU agreement. A summary of the key provisions of the proposed Operations and Maintenance Cooperative Agreement are as follows:

General
The proposed agreement establishes the roles, responsibilities, and commitments for system operations and maintenance of the OC Streetcar System (System). OCTA is responsible for operating and maintaining the System and Streetcar infrastructure; the City is responsible for maintaining City infrastructure. • The term of this agreement is for 50 years, with a 20-year extension at the discretion of OCTA. Further extensions are allowed upon mutual agreement. • Agreement may be terminated as follows:
o City may terminate at end of the agreement term if OCTA abandons the portion in City Right-of-Way, OCTA disavows use rights in the Use of Right-of-Way agreement, or if the System discontinues operation for a consecutive period of one year.
o OCTA may terminate if the System is determined to not be a viable mode of transportation due to lack of passengers, revenue, or funding.

Financial
OCTA is responsible for the payment of all operating costs of the System. As agreed to in the original MOU agreement, the City is responsible for ten percent (10%) of the annual sum of operating costs less any fare-box revenue upon the start of service. The City’s share of annual operating costs is estimated to be $1 million.

Operations
The proposed agreement outlines assumptions, roles, responsibilities, and commitments related to the operational elements of the System, including, but not limited to, the following:
• Train/traffic signal coordination
• Traffic signal timing and prioritization
• Data collection and system monitoring
• Community relations
• Advertising/ridership enhancement
• Third-party permits
• Special event coordination and operation
• Emergency procedures
• System security
City Council 11 – 2 1/16/2024
OC Streetcar Operations and Maintenance Cooperative Agreement January 16, 2024

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Maintenance
The proposed agreement outlines assumptions, roles, responsibilities, and commitments related to the maintenance of elements of the System and infrastructure in the public Right-of-Way, including, but not limited to, the following:
• Track
• Signaling, control, and communications
• Platforms
• Traction power system
• PE right-of-way
• Maintenance and storage facility
• System structures
• Roadway infrastructure
• Street lighting
• Trees
• Landscaping and irrigation
• Graffiti
• Santa Ana Regional Transportation Center site improvements The proposed agreement establishes a track access permit system, as required by the California Public Utilities Commission (CPUC), to provide controlled access to the areas containing the System for both agencies and third party permittees The City and all third parties must secure a permit from the OCTA when working within the OCTA's controlled work access limits, generally 10 feet from the overhead contact system (poles, span wires, and contact wire) and within 4 feet of any rail. The City and OCTA agree to keep each other informed about future projects that may impact the others' use of the right of way.

Staff recommends that the City Council approve the proposed OC Streetcar Operations and Maintenance Cooperative Agreement with OCTA. The proposed agreement is the final, culminate agreement in a series of OC Streetcar Project agreements, and is in conformance with the previously approved MOU agreement and related subsequent agreements.

FISCAL IMPACT
Approval of this item does not affect current fiscal year budget. The City is not obligated to pay its share of operating expenses until the OC Streetcar is operational and servicing the public. OCTA estimates that the OC Streetcar may begin service in Fiscal Year 2024-25. As part of the normal budget processes, staff will include the estimated expenditure in the future Fiscal Year 2024-25 General Fund budget for City Council consideration.

City Council 11 – 3 1/16/2024
OC Streetcar Operations and Maintenance Cooperative Agreement January 16, 2024

Page 4 ends

EXHIBIT(S)

1. Operations and Maintenance Cooperative Agreement
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Tom Hatch, Interim City Manager
City Council 11 – 4 1/16/2024
EXHIBIT 1
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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
January 16, 2024
TOPIC: Infield Maintenance Services for City Parks and Facilities

AGENDA TITLE
Approve an Agreement with Professional Sports Field Maintenance, Inc. for Infield Maintenance Services at City Parks and Facilities in an Amount Not-to-Exceed $2,759,035 (RFP No.23-152) (General Fund)

RECOMMENDED ACTION
Authorize the City Manager to execute an agreement with Professional Sports Fields Maintenance, Inc., for infield maintenance services in an annual amount not-to-exceed $459,839, plus an annual contingency of $91,968, for a total amount not-to-exceed $2,759,035, for a three-year term beginning on February 1, 2024 and expiring January 31, 2027 with provisions for two, one-year extensions (Agreement No. A-2024-XXX).

GOVERNMENT CODE §84308 APPLIES: Yes

DISCUSSION
As of July 1, 2022, park maintenance functions have transferred from the Parks, Recreation, and Community Services Agency (PRCSA) to the Public Works Agency (PWA). PWA’s Parks, Fleet, and Facilities Division provides infield maintenance services at city parks and facilities.

The city contracts for ongoing, year-round scheduled infield maintenance to ensure the playing spaces meet high aesthetics, playability, and safety standards for baseball and softball players. The City has 34 diamonds that will be serviced a minimum of three times per week. Service frequency depends on the field use during baseball/softball season and year round. The contractor will prepare the fields depending on the frequencies outlined in the contract, providing a high-quality infield for baseball and softball. Daily, the contractor will scarify the infield while mixing infield mix and moister, providing optimal playing conditions for sports reservations or public use. Bi-monthly, the fields get scarified to cut down high and in-fill low spots while adding infield mix and stabilizer to absorb rain and reduce the field closures. Annually, the contractor will laser grade each infield and rebuild the pitchers and batter boxes to Major League Baseball specifications. The increased level of service includes annual laser grading and the addition of an infield mix to increase playability and reduce field closures. The current agreement is scheduled to expire on January 31, 2024, and does not have any remaining renewal options. The following table summarizes the field locations:

City Council 12 – 1 1/16/2024
Infield Maintenance Services for City Parks and Facilities January 16, 2024

Page 2 ends

City Park Number of
Diamonds
Adams Park 1
Cabrillo Park 1
Centennial Park 2
Delhi Park 1
El Salvador 5
Heritage Park 1
Jerome Park 3
Madison Park 2
Memorial Park 4
Morrison Park 1
Portola Park 1
Riverview Park 5
Rosita Park 2
Santiago Park 1
Thornton Park 3
Windsor Park 1
The Public Works Agency issued Request for Proposal (RFP) No. 23-152 on November 2, 2023, inviting qualified infield maintenance firms with relevant experience to submit their proposals to the City on PlanetBids. The RFP was advertised on the City’s online bid management and publication system. A summary of the RFP and proposals received is as follows:
305 Vendors notified
28 Santa Ana vendors notified
24 Vendors downloaded the RFP packet
2 Proposals received
0 Proposals received from Santa Ana
vendors
Two proposals were received by the RFP deadline on November 30, 2023, opened, and both were deemed responsive. The selection committee with experience in infield maintenance and related program services evaluated all proposals. The selected, highest-ranked firm will provide infield maintenance services for the City. Based on the criteria outlined in the RFP, the following summarizes the responding firms and their rankings:

Firm Location Rank
Professional Sports Field
Maintenance, Inc.

San Juan Capistrano,
CA
1 Major League Infields, Inc. Fullerton, CA 2
City Council 12 – 2 1/16/2024
Infield Maintenance Services for City Parks and Facilities January 16, 2024

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Staff recommends awarding the agreement to the highest-ranked firm based on the City’s projected needs. The proposal submitted by Professional Sports Field Maintenance, Inc. demonstrated they have the necessary capacity and expertise with similar contracts to provide infield maintenance services as specified in the RFP.

Additionally, the rates provided by the firm are reasonable and within industry standard, and the proposal was determined to provide the best overall value for the City.

FISCAL IMPACT
Funds are available for expenditure in the current Fiscal Year 2023-2024 and will be budgeted in subsequent fiscal years, subject to City Council approval. Staff will request a budget carryover to the next fiscal year for any unspent budget necessary to complete the project.

Fiscal
Year
Accounting
Unit-Account
#
Fund
Description
Accounting Unit,
Account Description Amount
2023-24
(Feb-Jun)
01117651-
62320
General
Fund
Park Maintenance
Service Enhancement,
Maintenance & Repair
Buildings & Ground
$229,920
2024-25
01117651-
62320
General
Fund
Park Maintenance
Service Enhancement,
Maintenance & Repair
Buildings & Ground
$551,807
2025-26
01117651-
62320
General
Fund
Park Maintenance
Service Enhancement,
Maintenance & Repair
Buildings & Ground
$551,807
2026-27
01117651-
62320
General
Fund
Park Maintenance
Service Enhancement,
Maintenance & Repair
Buildings & Ground
$551,807
2027-28
01117651-
62320
General
Fund
Park Maintenance
Service Enhancement,
Maintenance & Repair
Buildings & Ground
$551,807
2028-29
(Jul-Dec)
01117651-
62320
General
Fund
Park Maintenance
Service Enhancement,
Maintenance & Repair
Buildings & Ground
$321,887
Total: $2,759,035
City Council 12 – 3 1/16/2024
Infield Maintenance Services for City Parks and Facilities January 16, 2024

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EXHIBIT(S)

1. Agreement with Professional Sports Field, Inc.

Submitted By: Nabil Saba, P.E., Executive Director of Public Works Agency Approved By: Tom Hatch, Interim City Manager
City Council 12 – 4 1/16/2024
1 AGREEMENT WITH PROFESSIONAL SPORTS FIELD, INC.

TO PROVIDE INFIELD MAINTENANCE SERVICES
THIS AGREEMENT is made and entered into on this 16th day of January, 2024 by and between Professional Sports Field, Inc., a California corporation, (“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 November 2, 2023, City issued Request for Proposal No. 23-152 (“RFP”) seeking proposals from qualified firms and organizations to provide infield maintenance services to four designated districts within the City.

B. Consultant submitted a responsive proposal that was selected by the City. Consultant represents that it is able and willing to provide the services, for the four designated districts, described in the scope of work that was included in the RFP.

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 consulting 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
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 and set forth 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, the fees and rates set forth in consultant’s proposal submitted in response to City’s RFP and attached here as Exhibit B. The total sum to be expended under this Agreement shall not exceed $2,759,035 for the entire term of this Agreement, including any extension periods exercised by the parties, as detailed below. The annual not to exceed amount for this Agreement is $551,807, which includes a base annual amount of $459,839 plus a contingency of $91,968 for services to be exercised at the City’s sole discretion.
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. City and Consultant agree that all payments due and owing under this Agreement shall be made EXHIBIT 1
City Council 12 – 5 1/16/2024
2 through Automated Clearing House (ACH) transfers. Consultant agrees to execute the City’s standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Consultant’s account(s) with financial institutions.

Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City.

3. TERM
This Agreement shall commence on February 1, 2024 for a three (3) year term until January 31, 2027, with the option for the City to grant up to two (2) one (1) year renewals, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below.

4. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an independent Consultant 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 for injuries to persons or damages to property which may arise from or in connection with the City Council 12 – 6 1/16/2024
3 performance of the work hereunder and the results of that work by the Consultant, 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. 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 Contractor has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no 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.

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 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).

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 12 – 7 1/16/2024
4 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.

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.

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, 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 Consultant, its subcontractors, agents, employees, or other persons acting on its 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 City Council 12 – 8 1/16/2024
5 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 out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.

8. INTELLECTUAL PROPERTY INDEMNIFICATION
Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States’ letters patent, trademark, or copyright infringement, including costs, 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 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.

City Council 12 – 9 1/16/2024
6 11. CONFLICT OF INTEREST CLAUSE
Consultant 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 Agreement.

12. 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.

13. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and Consultant, 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 is 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. 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(s) completed as of such date, and in such case City Council 12 – 10 1/16/2024
7 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.

16. 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.

17. 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.

18. 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.

19. 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 Clerk
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax: 714- 647-6956
City Council 12 – 11 1/16/2024
8 With courtesy copies to:

Executive Director, Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M-21)
P.O. Box 1988
Santa Ana, California 92702
To Consultant:

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.

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 Agreement, 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.
[signature page to follow]
Professional Sports Field Maintenance, Inc.

Attn: Jesus Moreno, CEO
29466 Ridge Road
San Juan Capistrano, CA 92675
City Council 12 – 12 1/16/2024
City Council 12 – 13 1/16/2024

EXHIBIT A

SCOPE OF SERVICES
City Council 12 – 14 1/16/2024

CITY OF SANTA ANA
Introduction and Backround
The City of Santa Ana intends to enter into an agreement with a contractor whose specialty is maintaining baseball/softball infields and warning tracks.

State of California Licensed C-27 Contractor specializing in Ball Diamond In-Field Maintenance shall provide infield and warning track brickdust maintenance for Baseball/Softball Diamonds per the specifications and conditions listed below.

Description of Work
I. Ball Diamond Locations: Including Locations/Quantities/and Types of Diamonds A. DISTRICT 1
i. El Salvador Park
a. Two (2) 60' base path Little League diamond with skinned brickdust infields. b. Three (3) base path T-Ball diamonds with skinned brickdust infields. ii. Riverview Park
a. One (I) 60' base path Major Little League diamond with skinned brickdust infield b. One (I) 60' base path Major Little League diamond with sports turf and brickdust infield.
c. One (1) Minor Little League diamond with sports turf and brickdust infield. d. Two (2) T-Ball Little League diamonds with sports turf and brickdust infield. iii. Rosita Park
a. One (I) 80'/90' base path Little League Junior/Senior diamond with sport brickdust infield.One (I) 60' base path Major Little League diamond with sports turf and brickdust infield.

B. DISTRICT 2
i. Cabrillo Park
a. One (I) 80'/90' base path Little League Junior/Senior diamond with skinned brickdust infield.
ii. Morrison Park
a. One (I) 60' base path Girls Softball/ Little League diamond with skinned brickdust infield.
iii. Portola Park
a. One (I) 60' base path Girls Softball/ Little League diamond with skinned brickdust infield.
iv. Santiago Park-District 2
a. One (I) 60' base path Girls Softball diamond with skinned brickdust infield.

EXHIBIT I

SCOPE OF SERVICES
RFP 23-152 City of Santa Ana Page 20 of 100
Exhibit A
City Council 12 – 15 1/16/2024

CITY OF SANTA ANA
C. DISTRICT 3
i. Delhi Park.
a. One (I) 60' base path Little League diamond with skinned brickdust infield. ii. Madison Park
a. One (I) 60' base path Major Little League diamond with skinned brickdust infield.
b. One (I) T-Ball diamond with skinned brickdust infield. iii. Memorial Park
a. One (1) 80'/90' base path Little League Junior/Senior diamond with sport turf brickdust infield.
b. One (I) 60' base path Little League diamond with combination sport turf1/brickdust infield.
c. Two (2) 60' base path Little League diamonds with skinned brickdust infields.

D. DISTRICT 4
i. Adams Park
a. One (I) 60' base path Little League diamond with skinned brickdust infield. ii. Centennial Park
a. Two (2) 60' base path Girls Softball/Major Little League diamond with skinned brickdust infields.
iii. Heritage Park
a. One (I) 60' base path Girls Softball/Major Little League diamond with skinned brickdust infield.
iv. Jerome Park
a. One (I) 80'/90' base path Little League Junior/Senior diamond with sports turf/brickdust infield
b. Two (2) 60' base path Girls Softball/Major Little League diamond with skinned brickdust infields.
v. Thornton Park
a. Three (3) 60' base path Girls Softball diamond with skinned brickdust infield. vi. Windsor Park
a. One (I) 60' base path Girls Softball diamond with skinned brickdust infield.

II. Schedule of Work to be Completed
A. DISTRICT 1
i. El Salvador Park
a. 5 Days per week, January 1st to July 31st
b. 3 Day per week, August 1st to December 31st
ii. Riverview Park
a. 5 Days per week, January 1st to July 31st
b. 3 Day per week, August 1st to December 31st
RFP 23-152
City Council
City of Santa Ana
12 – 16 1/16/2024

Page 21 of 100 ends

Santa Ana City CouncilJanuary 16, 2024

Santa Ana City Council
January 16, 2024