Agenda packet — Santa Ana City Council, July 16, 2024 (part 1 of 6)

City Council and Special Housing Authority
Meeting Packet (revised 07/11/2024)
July 16, 2024
CLOSED SESSION MEETING – 3:00 PM
REGULAR OPEN MEETING – 5:30 PM
(Immediately following the Closed Session Meeting)
CITY COUNCIL CHAMBER
22 Civic Center Plaza Santa Ana, CA 92701
Valerie Amezcua
Mayor
Thai Viet Phan
Mayor Pro Tem – Ward 1
Benjamin Vazquez
Councilmember Ward 2
Jessie Lopez
Councilmember 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
Alvaro Nunez
Acting 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
City Council 1 7/16/2024
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.

Vision The dynamic center of Orange County which is acclaimed for our: Investment in youth • Safe and healthy community • Neighborhood pride • Thriving economic climate • Enriched and diverse culture • Quality government services
Mission To deliver efficient public services in partnership with our community which ensures public safety, a prosperous economic environment, opportunities for our youth, and a high quality of life for residents.

Guiding Principles Collaboration • Efficiency • Equity • Excellence • Fiscal Responsibility • Innovation • Transparency
Code of Ethics and Conduct At the Special Municipal Election held on February 5, 2008, voters approved an amendment to the City Charter which established the Code of Ethics and Conduct for elected officials and members of appointed boards, commissions, and committees to assure public confidence. The following are the core values expressed: • Integrity • Honesty • Responsibility • Fairness • Accountability • Respect • Efficiency 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) agenda/general comments, 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.

City Council 2 7/16/2024
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.

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 3:00 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 2:30 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL and raise your hand BY 3:00 p.m. Speakers who are not in the speaker queue with their hand raised by 3:00 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 2:30 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL and raise your hand PRIOR TO 5:45 p.m. Speakers who are not in the speaker queue with their hand raised by5:45p.m.willnotbepermittedtospeak.

City Council 3 7/16/2024
(3) minutes per speaker, unless a different time is announced by the presiding chair.

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.

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.

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 ).

CLOSED SESSION
CALL TO ORDER
ATTENDANCE Council Members Phil Bacerra
Johnathan Ryan Hernandez
Jessie Lopez
David Penaloza
Benjamin Vazquez
Mayor Pro Tem Thai Viet Phan
Mayor Valerie Amezcua
City Council 4 7/16/2024
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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 ).

CLOSED SESSION
CALL TO ORDER
ATTENDANCE Council Members Phil Bacerra
Johnathan Ryan Hernandez
Jessie Lopez
David Penaloza
Benjamin Vazquez
Mayor Pro Tem Thai Viet Phan
Mayor Valerie Amezcua
Acting City Manager Alvaro Nuñez
City Attorney Sonia R. Carvalho
City Clerk Jennifer L. Hall
ROLL CALL
ADDITIONS\DELETIONS TO CLOSED SESSION
PUBLIC COMMENTS – Members of the public may address the City Council on Closed Session items.

RECESS – City Council will recess to Closed Session for the purpose of conducting regular City business.

CLOSED SESSION ITEMS – The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation:

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

A. Vicente Gonzalez v. City of Santa Ana, Orange County Superior Court, Case No. 30 202201240688CUPOWJC
B. Rita Ramirez v. City of Santa Ana, Orange County Superior Court, Case No. 302022 01287702CUOENJC
C. Santa Ana Short Term Rental Alliance v. City of Santa Ana, Orange County Superior Court, Case No. 302024014084861CUWMWJC
D. In re: National Prescription Opiate Litigation, United States District Court (N.D. Ohio), Case No. 1:17md2804

2. PUBLIC EMPLOYEE EMPLOYMENT/APPOINTMENT pursuant to Section 54957(b)(1) of the Government Code:

Title: City Manager

3. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a):

Agency Designated Representative: Jacob Green, Greg Devereaux Unrepresented Employee: City Manager
RECONVENE–CityCouncilwillreconvenetocontinueregularCitybusiness City Council 5 7/16/2024
Case No. 1:17md2804

2. PUBLIC EMPLOYEE EMPLOYMENT/APPOINTMENT pursuant to Section 54957(b)(1) of the Government Code:

Title: City Manager

3. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a):

Agency Designated Representative: Jacob Green, Greg Devereaux Unrepresented Employee: City Manager
RECONVENE – City Council will reconvene to continue regular City business.

CITY COUNCIL REGULAR OPEN SESSION
CALL TO ORDER
ATTENDANCE Council Members Phil Bacerra
Johnathan Ryan Hernandez
Jessie Lopez
David Penaloza
Benjamin Vazquez
Mayor Pro Tem Thai Viet Phan
Mayor Valerie Amezcua
Acting City Manager Alvaro Nuñez
City Attorney Sonia R. Carvalho
City Clerk Jennifer L. Hall
ROLL CALL
PLEDGE OF ALLEGIANCE Mayor Amezcua
WORDS OF INSPIRATION Pastor Greg Marquez, Immaculate Heart of Mary Catholic Church ADDITIONS\DELETIONS TO THE AGENDA
CEREMONIAL PRESENTATIONS

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

2. Proclamation presented by Councilmember Bacerra to the Orange County Goodwill in Recognition of their 100th Anniversary
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 25 and waive reading of all resolutions and ordinances. 3EdAb
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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 25 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 June 18, 2024
Department(s): City Clerk’s Office
Recommended Action: Approve minutes.

5. Appoint Joshua Jogwe Nominated by Mayor Pro Tem Phan as the Ward 1 Representative to the Parks and Recreation Commission for a Partial Term Expiring December 10, 2024 Department(s): City Clerk’s Office
Recommended Action: Appoint Joshua Jogwe to the Parks and Recreation Commission as the Ward 1 representative and administer Oath of Office. (Pursuant to SAMC Sec. 2 326(a), requires five affirmative votes)

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

7. Approve Destruction of Obsolete City Records
Department(s): Police Department and Library
Recommended Action: Approve the request for the destruction of obsolete records from the Police Department, Jail Bureau and the Library in accordance with the retention schedule outlined in City Council Resolution 2013014.

8. Amendment to Agreement with Inland Moving & Storage Co., Inc. dba Burgess Moving & Storage for the Main Library and Newhope Library Projects (General Fund) Department(s): Library
Recommended Action: Authorize the City Manager to execute an amendment to an agreement with Inland Moving & Storage, Co., Inc. dba Burgess Moving & Storage for additional moving and storage services for Main and Newhope Libraries, increasing compensation by $121,389, for a total amount not to exceed $345,313, and extending the term to December 31, 2026, with a provision for a oneyear extension (Agreement No. A2024XXX).

9. Amendments to an Agreement with Java Connections, LLC dba LaptopsAnytime for the Purchase and Installation of a New Laptop Dispenser Kiosk at the Future Delhi Library Branch, along with Hardware Support and Software Licensing for the Delhi Kiosk and City Council 7 7/16/2024
Recommended Action: Authorize the City Manager to execute an amendment to an agreement with Inland Moving & Storage, Co., Inc. dba Burgess Moving & Storage for additional moving and storage services for Main and Newhope Libraries, increasing compensation by $121,389, for a total amount not to exceed $345,313, and extending the term to December 31, 2026, with a provision for a oneyear extension (Agreement No. A2024XXX).

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

10. Aggregate Agreements for Court Reporting and Transcription Services with Kennedy Court Reporters, Inc. and Regal Court Reporting, Inc. in an Aggregate Amount Not to Exceed $250,000 (Specification No. 24034) (General Fund)
Department(s): Human Resources
Recommended Action: Authorize the City Manager to execute aggregate agreements with Kennedy Court Reporters, Inc. and Regal Court Reporting, Inc. to provide court reporting and transcription services for a threeyear term beginning July 16, 2024 and ending July 15, 2027, with provisions for two, oneyear extensions, in an amount not to exceed $250,000 (Core Agreement No. A2024XXX).

11. Agreement with MDG Associates, Inc. for the Preparation of the Fiscal Year 202529 Regional Assessment of Fair Housing and Memorandum of Understanding with Surrounding Jurisdictions
Department(s): Community Development Agency
Recommended Action:

1. Authorize the City Manager to execute an Agreement with MDG Associates, Inc. to prepare the Fiscal Year 202529 Regional Assessment of Fair Housing (AFH), whereby the City will act as the lead for the Regional AFH, in an amount not to exceed $159,882 for a oneyear term beginning August 1, 2024 and expiring July 30, 2025 (Agreement No. A2024XXX).

2. Authorize the City Manager to execute a Memorandum of Understanding and Payment Agreement with all of the surrounding jurisdictions in Orange County to jointly engage MDG Associates, Inc. to provide a Regional AFH, and authorize the City Attorney to reasonably revise or amend the Memorandum of Understanding as needed in order to collect payment, substantially in the form attached hereto, with all of the surrounding jurisdictions participating in the Regional AFH (Agreement No. A2024XXX).

12. Conditional Grant Agreement for $2,200,000 and a Density Bonus Agreement with Habitat for Humanity of Orange County for the Development of Six Affordable Ownership Units Located at 1921 W Washington Avenue, Santa Ana, CA 92706 (NonGeneral Fund) Department(s): Community Development Agency
Recommended Action:

1.AuthorizetheCityManagertoexecuteaConditionalGrantAgreementwithHabitatfor City Council 8 7/16/2024
Agreement with all of the surrounding jurisdictions in Orange County to jointly engage MDG Associates, Inc. to provide a Regional AFH, and authorize the City Attorney to reasonably revise or amend the Memorandum of Understanding as needed in order to collect payment, substantially in the form attached hereto, with all of the surrounding jurisdictions participating in the Regional AFH (Agreement No. A2024XXX).

1. Authorize the City Manager to execute a Conditional Grant Agreement with Habitat for Humanity of Orange County for $2,200,000 in Inclusionary Housing Funds for the development of six affordable ownership units located at 1921 W Washington Avenue, Santa Ana, CA 92706 (APN 40510137) (Agreement No. A2024XXX).

2. Approve an appropriation adjustment recognizing $2,200,000 in prioryear fund balance in the Inclusionary Housing Fund and appropriate the same into the Loans and Grants expenditure account (no. 4171882069152). (Requires five affirmative votes)

3. Authorize the City Manager to execute a Density Bonus Agreement with Habitat for Humanity of Orange County for a 45year term for the development of six affordable ownership units located at 1921 W Washington Avenue, Santa Ana, CA 92706 (APN 405 10137) (Agreement No. A2024XXX).

4. Adopt a resolution approving Density Bonus Agreement No. 202401 as conditioned.

RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING DENSITY BONUS AGREEMENT APPLICATION NO. 202401 AS CONDITIONED FOR A NEW FORSALE RESIDENTIAL DEVELOPMENT WITH SIX UNITS FOR THE PROPERTY LOCATED AT 1921 W WASHINGTON AVENUE (APN: 40510137) [includes determination that the recommended action is exempt from further review in accordance with the California Environmental Quality Act under Section 15195 (Residential Infill Exemption), as this project meets all the threshold criteria set forth in Section 15192 (Threshold Requirements for Exemption)]

13. Receive and File the Notification by the City Engineer of the Final Tract Map No. 201704, County Tract Map No. 17976 at 3025 West Edinger Avenue (Applicant: Haphan Group, Inc., a California Corporation)
Department(s): Public Works Agency
Recommended Action: Receive and file the notification.

14. Construction Contract to Loengreen, Inc. for the Council Chambers ADA Restroom and Translation Booth Remodel Project (Project No. 220504) (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: 1. Approve an appropriation adjustment recognizing $554,472 of prioryear fund balance in the CATV Fund, Prior Year Carry Forward revenue account and appropriate the same amount to the CATV Fund, Buildings & Building Improvements expenditure account. (Requires five affirmative votes)

2. Approve an appropriation adjustment recognizing $554,472 of prioryear fund balance in the Liability and Property Insurance Fund, Prior Year Carry Forward revenue account and appropriate the same amount to the Risk Management Projects, Buildings & Building Improvements expenditure account. (Requires five affirmative votes)

3.AwardconstructioncontracttoLoengreen,Inc.,thelowestresponsiblebidder,in City Council 9 7/16/2024
Recommended Action: 1. Approve an appropriation adjustment recognizing $554,472 of prioryear fund balance in the CATV Fund, Prior Year Carry Forward revenue account and appropriate the same amount to the CATV Fund, Buildings & Building Improvements expenditure account. (Requires five affirmative votes)

3. Award construction contract to Loengreen, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $821,440 for construction of the Council Chambers ADA Restroom and Translation Booth Remodel Project, for the term beginning July 16, 2024 and ending upon project completion, and authorize the City Manager to execute the contract.

4. Approve the Project Cost Analysis for a total estimated construction delivery cost of $1,108,994 which includes $821,440 for the construction contract, $123,216 for contract administration, inspection, and testing, and a $164,288 project contingency for unanticipated or unforeseen work.

5. Approve an amendment to the Fiscal Year 202425 Capital Improvement Program to include $1,108,944 in construction funding from the CATV Fund and Liability Property Insurance Fund.

15. Agreements with Willdan Engineering Inc., TKE Engineering, Inc., Charles Abbott Associates, Inc., Harris & Associates, Inc., and Cannon Corporation for OnCall Engineering Plan Check Services
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute agreements with the firms listed below to provide oncall engineering plan check services for a threeyear period beginning July 16, 2024, and expiring June 30, 2027, with a provision for one, twoyear renewal option for a total aggregate amount not to exceed $1,500,000 for the term of the agreement and for the total annual compensation not to exceed $300,000, including renewal options, exercisable by the City Manager (Core Agreement No. A2024XXX).

Firms Location
Willdan Engineering, Inc. Anaheim, CA
TKE Engineering, Inc. Riverside, CA
Charles Abbott Associates, Inc. Mission Viejo, CA
Harris & Associates, Inc. Irvine, CA
Cannon Corporation Irvine, CA

16. Appropriation Adjustment and Amendment to the Agreement with AquaMetric Sales Company to Add Funds to the Automated Metering Infrastructure Project (Project No. 16 6460) (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action:

1. Approve an appropriation adjustment to recognize $15,000,000 of prioryear fund balance in the Public Works Water Revenue, Prior Year Carryforward and Water Utility Capital, Transfer from Fund 060 revenue accounts, and appropriate to the Water – Interfund Transfer, Transfer to Fund 066 and Water Utility Capital Projects, Water Capital Project expenditure accounts (Requires five affirmative votes).

2. Authorize the City Manager to execute a first amendment with Thirkettle Corporation, dba AquaMetric Sales Company, to increase the nottoexceed amount by $6,000,000, City Council 10 7/16/2024
Recommended Action:

2. Authorize the City Manager to execute a first amendment with Thirkettle Corporation, dba AquaMetric Sales Company, to increase the nottoexceed amount by $6,000,000, including a contingency of $1,500,000, for a new nottoexceed amount of $35,683,230 (Agreement No. A2024XXX).

3. Approve an amendment to the Fiscal Year 20242025 Capital Improvement Program to include $15,000,000 in construction funds for the Automated Metering Infrastructure Project (Project No. 166460).

17. Additional Contingency Funds in the Amount of $625,000 for an Existing Construction Contract with EverLevel Holdings, LLC for the First Street Slope Stabilization Project (Project No. 221341) (Revive Santa Ana Program)
Department(s): Public Works Agency
Recommended Action: 1. Approve an amendment to the Project Cost Analysis in the amount of $625,000 in additional contingency funds for a new total estimated construction delivery cost of $6,725,000.

2. Approve an amendment to the Fiscal Year 202425 Capital Improvement Program to include $625,000 of American Rescue Plan Act (ARPA) funds for the First Street Slope Stabilization Project (221341).

18. Purchase Order to Mike Prlich and Sons, Inc. for Concrete Collar Replacement for Water and Sewer Appurtenances (Bid No. 24021) (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: Award a blanket order contract to Mike Prlich and Sons, Inc. for concrete collar replacement for water and sewer appurtenances for an annual amount not to exceed $600,000, for a threeyear term beginning July 1, 2024 and expiring June 30, 2027, with provisions for two 1year renewal options.

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

20. Approve a Lease Agreement with Walsh Construction Company II, LLC for Office Space at the Santa Ana Regional Transportation Center
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute a lease agreement with $
City Council 11 7/16/2024
beginning on July 17, 2024, and ending July 16, 2025, with the option of 12 onemonth extensions, for a total of $207,456 in lease revenue for the entire term of the agreement, including optional extensions (Agreement No. A2024XXX).

20. Approve a Lease Agreement with Walsh Construction Company II, LLC for Office Space at the Santa Ana Regional Transportation Center
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute a lease agreement with Walsh Construction Company II, LLC to compensate the City $11,627 per month, with any partial month prorated at $388 per day, for the lease of approximately 4,429 square feet of office space located at the Santa Ana Regional Transportation Center for a 12month term beginning on July 16, 2024 and ending July 15, 2025, with the option of 12 onemonth extensions, for a total of $279,850 in lease revenue for the entire term of the agreement, including optional extensions (Agreement No. A2024XXX).

21. Construction Contract to AJ Fistes Corporation in the Amount of $719,100 for the Painting and Wrought Iron Restoration (Project No. 246060 & 246061) (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: 1. Award a construction contract to AJ Fistes Corporation, the lowest responsible bidder, in accordance with the base bid in the amount of $719,100, subject to change orders for Painting and Wrought Iron Restoration for the term beginning upon execution of the contract and ending upon project completion, and authorize the City Manager to execute the contract.

2. Approve the Project Cost Analysis for a total estimated construction delivery cost of $1,197,000, which includes $719,100 for the construction contract, $107,865 for contract administration, inspection, and testing, and a $370,035 project contingency for unanticipated or unforeseen work.

3. Approve an amendment to the FY 202425 Capital Improvement Program to include $1,197,000 in construction funding approved in FY 202324 from the Clean California Local Grants Program through the California Department of Transportation.

4. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No.

ER202443 was filed for projects 246060 and 246061.

22. Agreement with Blue Technologies Smart Solutions for Access and Support Services for iManage Data Management Systems
Department(s): City Attorney’s Office
Recommended Action: Authorize the City Manager to execute a threeyear agreement with Blue Technologies Smart Solutions (“BlueTech”) for continued access and support services for the iManage Data Management Systems (“iManage”) for the period of August 1, 2024 through July 31, 2027 in the amount of $128,529, which includes the annual billing amount of $36,843 for the iManage System and a contingency amount of $18,000 to pay for additional support/maintenance and training services as directed by the City (Agreement No. A2024XXX).

23. Agreement for Tax Revenue Auditing, Analysis, Forecasting, and Reporting Services RFP (24010)
Department(s): Finance and Management Services
Recommended Action: 1. Authorize the City Manager to execute agreements with Hinderliter, de Llamas and Associates (“HdL”) and HdL Coren & Cone (“HdLCC”) for itifiitilthtbiiJl12024ith
City Council 12 7/16/2024
services for the iManage Data Management Systems (iManage) for the period of August 1, 2024 through July 31, 2027 in the amount of $128,529, which includes the annual billing amount of $36,843 for the iManage System and a contingency amount of $18,000 to pay for additional support/maintenance and training services as directed by the City (Agreement No. A2024XXX).

23. Agreement for Tax Revenue Auditing, Analysis, Forecasting, and Reporting Services RFP (24010)
Department(s): Finance and Management Services
Recommended Action: 1. Authorize the City Manager to execute agreements with Hinderliter, de Llamas and Associates (“HdL”) and HdL Coren & Cone (“HdLCC”) for various tax revenue services for an initial threeyear term beginning July 1, 2024, with a provision for two oneyear extensions exercisable by the City Manager and the City Attorney, in a total amount not to exceed $1,346,714, which includes a 20% general contingency (Agreement No. A2024XXX).

2. Adopt a resolution authorizing the release of information to HdL from the California Department of Tax & Fee Administration in connection with the auditing of Sales and Use Tax making certain determinations relating thereto and authorizing certain actions in connection therewith.

RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY OF SANTA ANA AUTHORIZING EXAMINATION OF SALES AND USE TAX RECORDS AND TRANSACTIONS AND USE TAX RECORDS

24. Resolution to Effect Certain Changes to the City’s Basic Classification and Compensation Plan
Department(s): Human Resources
Recommended Action: Adopt a resolution to effect certain changes to the City’s basic classification and compensation plan.

RESOLUTION NO. 2024XXX 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

25. Adopt Resolution to Summarily Vacate a Portion of Bristol Street Abandonment 2302 and Adopt Resolution Declaring Property as Exempt Surplus
Department(s): Public Works Agency
Recommended Action: 1. Adopt a resolution to summarily vacate excess Bristol Street rightofway formerly portions of 1601 and 1607 North Bristol Street; Abandonment 2302.

RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA SUMMARILY VACATING A PORTION OF A PUBLIC RIGHTOFWAY ADJACENT TO 1601 AND 1607 NORTH BRISTOL STREET (ABANDONMENT NO. 2023 02) [includes determination that the vacation of the Vacation Area is exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to section 15378 of the State CEQA Guidelines because it can be seen with certainty that there is no possibility that it will have a significant impact of the environment.]

2. Adopt a resolution declaring Cityowned property as exempt surplus land and directing the City Manager or designee to comply with the requirements of Government Code §54220 et seq. for the sale and transfer of ownership accordingly.

RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DECLARING PROPERTY NEAR 1601 AND 1607 NORTH BRISTOL AS EXEMPT SURPLUS LAND AND DIRECTING THE CITY MANAGER TO FOLLOW THE PROCEDURES SET FORTH IN THE SURPLUS LAND ACT, CALIFORNIA City Council 13 7/16/2024
there is no possibility that it will have a significant impact of the environment.]

RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DECLARING PROPERTY NEAR 1601 AND 1607 NORTH BRISTOL AS EXEMPT SURPLUS LAND AND DIRECTING THE CITY MANAGER TO FOLLOW THE PROCEDURES SET FORTH IN THE SURPLUS LAND ACT, CALIFORNIA GOVERNMENT CODE SECTION 54220, ET SEQ., AS AMENDED, FOR THEIR DISPOSITION [includes determination that the sale of the property as surplus is exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15312 (Surplus Government Property Sales)]. **END OF CONSENT CALENDAR**
BUSINESS CALENDAR

26. Consider Whether to Adopt Resolutions Authorizing Arguments, Rebuttal Arguments, and Impartial Analysis of Four Ballot Measures on the Ballot for the November 5, 2024 General Municipal Election
Department(s): City Attorney’s Office; City Clerk’s Office Recommended Action: 1. Consider whether to approve RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING WRITTEN ARGUMENTS FOR THE BALLOT MEASURE SUBMITTED FOR THE NOVEMBER 5, 2024 GENERAL MUNICIPAL ELECTION REGARDING A PROPOSED CHARTER AMENDMENT TO AMEND CHARTER SECTIONS 401.5, 611, 702, 703, 1002 AND 1003 TO DELETE REFERENCES TO OBSOLETE JOB TITLES AND OBSOLETE BONDING REQUIREMENTS, SPECIFY THAT ALL DEPARTMENT HEADS ARE ATWILL EMPLOYEES, ADDRESS DEFINITIONS OF FUNDS AND LEVIES FOR COMPLIANCE WITH STATE LAW, AUTHORIZE LIMITED PURCHASING AUTHORITY FOR THE CITY CLERK AND CITY ATTORNEY AND REQUIRE THE CITY COUNCIL TO ADOPT AN ORDINANCE TO ENFORCE THE ETHICS CODE;

2. Consider whether to approve RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING WRITTEN ARGUMENTS FOR THE BALLOT MEASURE SUBMITTED FOR THE NOVEMBER 5, 2024 GENERAL MUNICIPAL ELECTION REGARDING A PROPOSED CHARTER AMENDMENT TO AMEND CHARTER SECTION 402 TO INDEX COUNCIL COMPENSATION AT A SALARY OF THIRTYTHREE (33%) PERCENT OF THAT OF AN ORANGE COUNTY SUPERIOR COURT JUDGE;

3. Consider whether to approve RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING WRITTEN ARGUMENTS FOR THE BALLOT MEASURE SUBMITTED FOR THE NOVEMBER 5, 2024 GENERAL MUNICIPAL ELECTION REGARDING A PROPOSED CHARTER AMENDMENT TO AMEND CHARTER SECTION 1203 TO PERMIT NONCITIZEN VOTING IN ALL CITY MUNICIPAL ELECTIONS; and

City Council 14 7/16/2024
2024 GENERAL MUNICIPAL ELECTION REGARDING A PROPOSED CHARTER AMENDMENT TO AMEND CHARTER SECTION 1203 TO PERMIT NONCITIZEN VOTING IN ALL CITY MUNICIPAL ELECTIONS; and

4. Consider whether to approve RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING WRITTEN ARGUMENTS FOR THE BALLOT MEASURE SUBMITTED FOR THE NOVEMBER 5, 2024 GENERAL MUNICIPAL ELECTION REGARDING WHETHER TO ADOPT A RENT STABILIZATION AND JUST CAUSE EVICTION ORDINANCE.
**END OF BUSINESS CALENDAR**
PUBLIC HEARINGS
PUBLIC COMMENTS – Members of the public may address the City Council on each of the Public Hearing items.

27. Public Hearing Approve an Amended and Restated Regulatory Agreement for the Rehabilitation of Garden Court Apartments Located at 300 East Santa Ana Boulevard, Santa Ana, CA 92701, Adopt a Resolution Approving the Issuance of Revenue Bonds, and Conduct a Tax Equity Fiscal Responsibility Act (TEFRA) Hearing Legal notice published in the OC Reporter on July 9, 2024.

Department(s): Community Development Agency
Recommended Action: 1. Authorize the City Manager to execute an amended and restated agreement containing Affordable Housing Covenants with Orange Housing Development Corporation for the rehabilitation of Garden Court Apartments located at 300 East Santa Ana Boulevard, Santa Ana, CA 92701 (APN 39832308) (Contingent upon approval of Housing Authority Item # 3) (Agreement No. A2024XXX).

2. Approve the Relocation Plan and authorize the City Manager to approve amendments to the Relocation Plan prior to commencement of the rehabilitation of Garden Court Apartments, substantially in the draft form attached hereto, subject to changes consistent with the project approved by the City Manager and City Attorney.

3. Conduct a Tax Equity and Financial Responsibility Act Hearing in consideration of the issuance of taxexempt bond financing by the California Municipal Finance Authority for C&C Development Co., LLC, to finance the acquisition, rehabilitation, improvement, and equipping of Garden Court Apartments located at 300 East Santa Ana Boulevard, Santa Ana, CA 92701 (APN 39832308).

4. Adopt a resolution approving the issuance of revenue bonds by the California Municipal Finance Authority in an amount not to exceed $55,000,000 for financing the rehabilitation of Garden Court Apartments.

RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE ISSUANCE BY THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY OF EXEMPT FACILITY BONDS FOR THE GARDEN COURT

APARTMENTS

5. Determine that the approvals and authorizations provided for herein do not constitute a "project" within the meaning of California Public Resources Code § 21065 and authorize filing a notice of exemption based on the "common sense" exemption of 14 C.C.R. § 15061(b)(3) to the extent any activity would be considered a "project" because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment and the activity is not subject to the California Environmental Quality Act (CEQA).

28. Public Hearing Recovery of Uncollected Costs Incurred by the City Related to the AbatementofDangerousandAbandonedBuildings
City Council 15 7/16/2024

28. Public Hearing Recovery of Uncollected Costs Incurred by the City Related to the Abatement of Dangerous and Abandoned Buildings
Legal notice published in OC Reporter on July 3, 2024 and property owner notification letters mailed on same date.

Department(s): Planning and Building Agency
Recommended Action: 1. Adopt a resolution affirming the Fiscal Year 20232024 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 AuditorController, County of Orange.

RESOLUTION NO. 2024XXX 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

2. Determine that the proposed action does not constitute a “project” under the California Environmental Quality Act (CEQA) in accordance with section 15378(a) and (b)(5) 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. Accordingly, it is exempt from further CEQA review pursuant to section 15061(b)(3) and (b)(5) of the CEQA guidelines as amended.

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.

1. June 1720, 2024 Mayor Amezcua – NALEO 41 Annual Conference, Las Vegas, NV

2. June 1820, 2024 Councilmember Penaloza – NALEO 41 Annual Conference, Las Vegas, NV

3. June 1820, 2024 Councilmember Vazquez – NALEO 41 Annual Conference, Las Vegas, NV

4. June 1920, 2024 Councilmember Hernandez – NALEO 41 Annual Conference, Las Vegas, NV

5. June 1921, 2024 Mayor Pro Tem Phan – 1 Annual AAPI Lead Summit, Las Vegas, NV

6. June 1921, 2024 Councilmember Bacerra – 1 Annual AAPI Lead Summit, Las Vegas, NV st
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City Council 16 7/16/2024

4. June 1920, 2024 Councilmember Hernandez – NALEO 41 Annual Conference, Las Vegas, NV

5. June 1921, 2024 Mayor Pro Tem Phan – 1 Annual AAPI Lead Summit, Las Vegas, NV

6. June 1921, 2024 Councilmember Bacerra – 1 Annual AAPI Lead Summit, Las Vegas, NV ADJOURNMENT – Adjourn the City Council meeting and convene to the Housing Authority meeting.

Future Items

1. Agreement for Dispatch Community Engagement Services

2. Agreement for Protection and Maintenance of the Japanese Garden Structure

3. Travel Santa Ana Annual Report
POSTING STATEMENT: On July 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.

SPECIAL HOUSING AUTHORITY
CALL TO ORDER
ATTENDANCE Authority Members Phil Bacerra
Johnathan Ryan Hernandez
Jessie Lopez
David Penaloza
Benjamin Vazquez
Vice Chair Thai Viet Phan
Chair Valerie Amezcua
Acting City Manager Alvaro Nuñez
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 and 3 and waive reading of all resolutions and ordinances.

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

2. Minutes from the Regular Meeting of June 4, 2024
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City Council 17 7/16/2024
POSTING STATEMENT: On July 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.

CONSENT CALENDAR
RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 1 and 3 and waive reading of all resolutions and ordinances.

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

2. Minutes from the Regular Meeting of June 4, 2024
Department(s): City Clerk’s Office
Recommended Action: Approve minutes.

3. Amended and Restated Regulatory Agreement for the Rehabilitation of Garden Court Apartments Located at 300 East Santa Ana Boulevard, Santa Ana, CA 92701 Department(s): Community Development Agency
Recommended Action: 1. Authorize the Executive Director to consent to the termination of the Original Agreement in order for the Acting City Manager to execute the Amended and Restated Agreement Containing Affordable Housing Covenants with Orange Housing Development Corporation for the rehabilitation of Garden Court Apartments located at 300 East Santa Ana Boulevard, Santa Ana, CA 92701 (APN 39832308). (Contingent upon approval of City Council Item # 27) (Agreement No. A2024XXX).

2. Approve the Relocation Plan and authorize the Acting City Manager to approve amendments to the Relocation Plan prior to commencement of the rehabilitation of Garden CtAttbttillithdftftthdhtbjtth
City Council 18 7/16/2024
Recommended Action: 1. Authorize the Executive Director to consent to the termination of the Original Agreement in order for the Acting City Manager to execute the Amended and Restated Agreement Containing Affordable Housing Covenants with Orange Housing Development Corporation for the rehabilitation of Garden Court Apartments located at 300 East Santa Ana Boulevard, Santa Ana, CA 92701 (APN 39832308). (Contingent upon approval of City Council Item # 27) (Agreement No. A2024XXX).

2. Approve the Relocation Plan and authorize the Acting City Manager to approve amendments to the Relocation Plan prior to commencement of the rehabilitation of Garden Court Apartments, substantially in the draft form attached hereto, subject to changes consistent with the project approved by the City Manager and City Attorney. **END OF CONSENT CALENDAR**
HOUSING AUTHORITY MEMBER COMMENTS
ADJOURNMENT – Adjourn the Housing Authority meeting.

POSTING STATEMENT: On July 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 19 7/16/2024
CITY COUNCIL 1 JUNE 18, 2024
DRAFT Minutes of the Regular Meeting
of the City Council
City of Santa Ana,
California
TELECONFERENCE INFORMATION:

Pursuant to Government Code Section 54953(b), Mayor Amezcua and Councilmembers Penaloza and Vazquez will participate in the meeting via teleconference from Bellagio Las Vegas, 3600 Las Vegas Boulevard South, Las Vegas, NV 89109 (with the room number(s) posted in the conference center hallway). 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.

June 18, 2024
CLOSED SESSION MEETING – 4:30 P.M.

REGULAR OPEN MEETING – 5:30 P.M.
(Immediately following the Closed Session Meeting)

CITY COUNCIL CHAMBER
22 Civic Center Plaza Santa Ana, CA 92701

CLOSED SESSION

CALL TO ORDER
MINUTES: Mayor Amezcua called the Closed Session meeting to order at 4:44 P.M.

ATTENDANCE Council Members Phil Bacerra
Johnathan Ryan Hernandez
Jessie Lopez
David Penaloza
Benjamin Vazquez
Mayor Pro Tem Thai Viet Phan
Mayor Valerie Amezcua
City Council 4 – 1 7/16/2024
CITY COUNCIL 2 JUNE 18, 2024
Acting City Manager Alvaro Nuñez
City Attorney Sonia R. Carvalho
City Clerk Jennifer L. Hall

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

Councilmembers Penaloza and Vazquez, and Mayor Amezcua were present via teleconference. Councilmembers Bacerra, Hernandez, and Lopez, and Mayor Pro Tem Phan were present in the Chamber.

ADDITIONS\DELETIONS TO CLOSED SESSION
MINUTES: None.

PUBLIC COMMENTS – Members of the public may address the City Council on Closed Session items.

MINUTES: City Clerk Jennifer L. Hall reported out the summary of email comments received: one (1) Closed Session Agenda Item No. 1.

The following speakers addressed City Council in-person:

1. Carlos Perea spoke regarding Closed Session Agenda Item No. 1.

2. Vincent Tran spoke regarding Closed Session Agenda Item No. 1.

3. Claudia Morales (translation: Spanish) spoke regarding Closed Session Agenda Item No. 1.

4. Apolonio Cortes (translation: Spanish) spoke regarding Closed Session Agenda Item No. 1.

RECESS – City Council will recess to Closed Session for the purpose of conducting regular City business.

MINUTES: Mayor Amezcua recessed to consider the Closed Session items at 4:55 P.M.

City Council 4 – 2 7/16/2024
CITY COUNCIL 3 JUNE 18, 2024

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

A. James V. Lacy, United States Justice Foundation, California Public Policy Foundation, and Pasquale Talarico v. Jennifer Hall, in her official capacity as Santa Ana City Clerk and Bob Page, in his official capacity as Orange County Registrar of Voters, Orange County Superior Court, Case No. 30-2024- 01402208-CU-WM-CJC

2. PUBLIC EMPLOYEE EMPLOYMENT/APPOINTMENT pursuant to Government Code Section 54957(b)(1):

Title: City Manager

3. CONFERENCE WITH LABOR NEGOTIATOR pursuant to California Government Code Section 54957.6(a):

Agency Designated Representative(s): Jacob Green, Greg Devereaux Unrepresented Employee: City Manager

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

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

City Council 4 – 3 7/16/2024
CITY COUNCIL 4 JUNE 18, 2024
TELECONFERENCE INFORMATION:

CITY COUNCIL REGULAR OPEN SESSION

CALL TO ORDER
MINUTES: Mayor Amezcua reconvened the City Council Meeting to order at 5:45 P.M.

ATTENDANCE Councilmembers
Mayor Pro Tem
Phil Bacerra
Johnathan Ryan Hernandez
Jessie Lopez
David Penaloza
Benjamin Vazquez
Thai Viet Phan
Mayor Valerie Amezcua
Acting City Manager
City Attorney
City Clerk
Alvaro Nunez
Sonia R. Carvalho
Jennifer L. Hall

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

Councilmembers Penaloza and Vazquez, and Mayor Amezcua were present via teleconference. Councilmembers Bacerra, Hernandez, and Lopez, and Mayor Pro Tem Phan were present in the Chamber.

PLEDGE OF ALLEGIANCE Mayor Amezcua
WORDS OF INSPIRATION Police Chaplain Rupert Vega
ADDITIONS\DELETIONS TO THE AGENDA
MINUTES: City Clerk Jennifer L. Hall announced a revision to Agenda Item No. 16 that the resolution for classification and compensation was removed from consideration.

City Council 4 – 4 7/16/2024
CITY COUNCIL 5 JUNE 18, 2024

CEREMONIAL PRESENTATIONS

1. Certificate of Recognition presented by Councilmember Lopez to Union Trans GNC for their contributions to the community
MINUTES: Councilmember Lopez presented a certificate of recognition to Union Trans GNC for their contributions to the community.

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

MINUTES: Chief Assistant City Attorney Laura Rossini announced there was no reportable action.

PUBLIC COMMENTS – Public comments will be held during the beginning of the meeting for ALL comments on agenda and nonagenda items.

MINUTES: City Clerk Jennifer L. Hall reported out the summary of email comments received: one (1) Agenda Item No. 16, three (3) Agenda Item No. 17, one (1) Agenda Item No. 18, one (1) Agenda Item No. 19, and three (3) non-agenda comments.

The following speakers addressed City Council in-person:

1. Vincent Tran spoke regarding Agenda Item No. 17.

2. Claudia Morales (translation: Spanish) spoke regarding Agenda Item No. 17.

3. Apolonio Cortes (translation: Spanish) spoke regarding Agenda Item No. 17.

4. Carlos Perea spoke regarding Agenda Item No. 17.

5. Mario Reyes asked for assistance regarding the approval for firework fundraising for his organization.

6. Mark Lopez spoke regarding Agenda Item No. 17 and illegal fireworks.

7. George Boutros spoke regarding the Related Bristol project.

8. Carl Benninger spoke regarding the Com-Link Awards, rent control, and electric scooters.

9. Dale Helvig spoke regarding Agenda Item No. 17.

The following speakers addressed City Council via teleconference:

10.Caller 430 expressed concern regarding housing vouchers and inspections.

City Council 4 – 5 7/16/2024
CITY COUNCIL 6 JUNE 18, 2024

11.Trisha Hernandez expressed concern regarding overflow of dumpsters at her apartment complex.

RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 2 through 16 and waive reading of all resolutions and ordinances.

MINUTES: At 6:39 P.M., the Consent Calendar was considered.

Councilmember Hernandez announced a no vote on Agenda Item No. 12 and requested to comment on Agenda Item Nos. 13 and 14.

Councilmember Penaloza pulled Agenda Item No. 12.

MOTION: Councilmember Hernandez moved to approve Consent Calendar Item Nos. 2 through 16 with the exception of Agenda Item No. 12 pulled for separate discussion and consideration, seconded by Mayor Amezcua.

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

AYES:

NOES:

ABSTAIN:

ABSENT:

COUNCILMEMBER BACERRA, COUNCILMEMBER

HERNANDEZ, COUNCILMEMBER LOPEZ,

COUNCILMEMBER PENALOZA, COUNCILMEMBER

VAZQUEZ, MAYOR PRO TEM PHAN, MAYOR AMEZCUA
NONE
NONE
NONE
Status: 7 – 0 – Pass

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

3. Minutes from the Regular Meeting of June 4, 2024
Department(s): City Clerk’s Office
Recommended Action: Approve minutes.

4. Appoint Neylen Adoni Muñoz Nominated by Councilmember Penaloza as the Ward 6 Representative to the Youth Commission for a Partial Term Expiring December 8, 2026
Department(s): City Clerk’s Office

CONSENT CALENDAR
City Council 4 – 6 7/16/2024
CITY COUNCIL 7 JUNE 18, 2024
Recommended Action: Appoint Neylen Adoni Muñoz to the Youth Commission as the Ward 6 representative and administer the Oath of Office. (Pursuant to SAMC Sec. 2-326(a), requires five affirmative votes)

5. Approve Agreement with Elite Command Training for Training Services in the Amount of $279,890 for the Urban Areas Security Initiative Grant Program (Non-General Fund)
Department(s): Police Department
Recommended Action: Authorize the City Manager to execute an agreement, with Elite Command Training to provide on-going training deliverables to the Anaheim/Santa Ana Urban Area on an as-needed basis, for the three-year period of June 18, 2024 through June 17, 2027, with two one-year renewal options, in an amount not to exceed $279,890 (Agreement No. 2024-083).

6. Approve Agreement with CDCE, Inc. for Mobile Data Communications Equipment and Installation Services (Spec No. 24-064) (General Fund and Non-General Fund)
Department(s): Police Department
Recommended Action: Authorize the City Manager to execute an agreement with CDCE, Inc. to provide mobile data communications equipment and installation services in an amount not to exceed $524,724 including a $25,000 contingency amount, for a term beginning June 18, 2024 and expiring June 17, 2029 (Agreement No. A-2024-084).

7. Approve an Agreement with Community SeniorServ, Inc. dba Meals On Wheels Orange County for the Senior Meals Program (General Fund) Department(s): Parks, Recreation, and Community Services Recommended Action: Authorize the City Manager to execute an agreement with Community SeniorServ, Inc. dba Meals On Wheels Orange County for the Senior Meals Program in an amount of $90,300 for base services (Home Delivered Meals and Lunch Cafe Programs) and $9,700 for additional as needed services, for a total not to exceed amount of $100,000 for the period July 1, 2024 to June 30, 2025 to be funded by the General Fund (Agreement No. A-2024-085).

8. Approve an Agreement with Coach Max Corp and Elite Executive Charter, LLC to Provide Charter Bus Transportation Services (General Fund) Department(s): Parks, Recreation, and Community Services Recommended Action: Authorize the City Manager to execute aggregate agreements with Coach Max Corp and Elite Executive Charter, LLC to provide charter City Council 4 – 7 7/16/2024
CITY COUNCIL 8 JUNE 18, 2024
bus transportation for City programs and events for a term from July 1, 2024 through June 30, 2027, with two (2), one (1) year renewal options for a total amount, including extensions, not-to-exceed $500,000 (General Fund) (Agreement Nos. A-2024-086 and A-2024-087).

9. Adopt a Resolution and Approve an Appropriation Adjustment to Accept the State California Volunteers Award Agreement JP2017-GFI
Department(s): Community Development Agency
Recommended Action:

1. Adopt a resolution to accept the State California Volunteers grant award, and authorize the City Manager to enter into State of California – Department of General Services, Standard Agreement No. JP2017-GF1 (Grant Agreement) for $2,000,000 for the Youth Employment Project (Project).

RESOLUTION NO. 2024-027 entitled A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF SANTA ANA APPROVING THE ACCEPTANCE OF GRANT FUNDS FOR CALIFORNIA VOLUNTEERS 2023 #CALIFORNIANSFORALL

YOUTH SERVICE CORPS THROUGH THE STATE OF CALIFORNIA FOR THE

CITY OF SANTA ANA YOUTH EMPLOYMENT PROJECT

2. Authorize the City Manager, or designee, to conduct all negotiations, sign, and submit all documents, including, but not limited to applications, agreements, amendments, and payment requests, which may be necessary for the completion of the Project scope, including but not limited to agreements with contractors, consultants, and vendors detailed in Exhibit B Budget Detail of the Grant Agreement.

3. Approve an appropriation adjustment to recognize $2,000,000 in funds from ARPA - CA FOR ALL YOUTH WDP-State Grant-Direct account (no. 18318002-52025) and appropriating the same amount to expenditure account (no. 18318763various). (Requires five affirmative votes)

10.Adopt a Resolution Approving the City’s Annual Statement of Investment Policy 2024-2025; Receive and File Annual Statement of Investment Policy 2024-2025 Department(s): Finance and Management Services
Recommended Action:

1. Adopt a Resolution approving the City’s 2024-2025 Investment Policy.

RESOLUTION NO. 2024-028 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE CITY’S STATEMENT OF

INVESTMENT POLICY
City Council 4 – 8 7/16/2024
CITY COUNCIL 9 JUNE 18, 2024

2. Receive and file the Annual Statement of Investment Policy 2024-2025.

11.Adopt a Resolution Establishing the Appropriations Limit of the City of Santa Ana for FY 2024-25
Department(s): Finance and Management Services
Recommended Action: Adopt a resolution establishing the appropriations limit of the City of Santa Ana for FY 2024-25, as required by state law.

RESOLUTION NO. 2024-029 entitled A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF SANTA ANA ESTABLISHING THE APPROPRIATION LIMIT OF THE CITY OF SANTA ANA FOR FISCAL YEAR 2024-2025
AGENDA ITEM NO. 12 WAS PULLED FOR SEPARATE DISCUSSION AND

CONSIDERATION

12. Adoption of a Memorandum of Understanding (MOU) Establishing the Terms and Conditions of Employment for Classifications Represented by the Santa Ana Police Officers Association (SAPOA) Effective January 1, 2024 through June 30, 2027, and Adoption of a Resolution Updating the Compensation and Salary Schedule of Sworn Classifications of the Santa Ana Police Management Association (SAPMA)
Department(s): Human Resources
Recommended Action:

1. Authorize the City Manager to execute a Memorandum of Understanding with SAPOA regarding wages, hours, and other terms and conditions of employment effective January 1, 2024 through June 30, 2027, and authorize non-substantive changes which may be necessary to implement the agreement (Agreement No.

A-2024-088); and

2. Approve a Resolution updating the compensation and salary schedule for sworn classifications of the SAPMA.

RESOLUTION NO. 2024-030 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
MINUTES: Councilmember Penaloza spoke in support of the item.

Mayor Amezcua spoke in support of the item and spoke regarding the need to retain and hire personnel.

City Council 4 – 9 7/16/2024
CITY COUNCIL 10 JUNE 18, 2024
Councilmember Lopez spoke regarding the City’s structural deficit, asked for clarification regarding the impact and plan for funding the following years, and expressed concern regarding the budget trajectory.

Acting City Manager Alvaro Nuñez spoke regarding the budget and outlook of Measure X.

Councilmember Bacerra spoke in support of the item.

Mayor Pro Tem Phan spoke regarding the cost associated with MOU and previous MOU approvals, and in support of the item.

Councilmember Vazquez spoke in opposition to the item and expressed concern regarding the budget.

Councilmember Hernandez spoke in opposition to the item and spoke regarding having a balanced budget.

Councilmember Penaloza spoke regarding the City’s fiscal future and previous MOU approvals for SAPOA.

Mayor Pro Tem Phan spoke regarding union compensation approvals and police compensation and classification study, and spoke in support of the item.

Councilmember Bacerra spoke regarding the political components.

Councilmember Lopez spoke regarding fair compensation and competitiveness and expressed concern regarding the fiscal impact.

Mayor Pro Tem Phan spoke regarding improving public safety.

Mayor Amezcua spoke regarding the SAPOA pay rankings and the budget survey top two issues – homelessness and public safety.

MOTION: Councilmember Penaloza moved to approve the recommended action for Item No. 12, seconded by Councilmember Bacerra.

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

AYES:

NOES:

ABSTAIN:

ABSENT:

COUNCILMEMBER BACERRA, COUNCILMEMBER

PENALOZA, MAYOR PRO TEM PHAN, MAYOR AMEZCUA

COUNCILMEMBER HERNANDEZ, COUNCILMEMBER

LOPEZ, COUNCILMEMBER VAZQUEZ
NONE
NONE
Status: 4 – 3 – Pass
City Council 4 – 10 7/16/2024
CITY COUNCIL 11 JUNE 18, 2024
RECESS
MINUTES: Mayor Amezcua recessed the City Council meeting at 7:23 P.M.

RECONVENE
MINUTES: Mayor Amezcua reconvened the City Council meeting at 7:38 P.M.

13. Adopt a Resolution Authorizing Ceremonial Street Naming of Virginia and William Guzman Way (General Fund)
Department(s): Public Works Agency
Recommended Action:

1. Adopt a resolution authorizing the Ceremonial Street Naming of Virginia and William Guzman Way along Santa Ana Boulevard from Pacific Avenue to Forest Avenue.

RESOLUTION NO. 2024-031 entitled A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF SANTA ANA DIRECTING AND AUTHORIZING A

CEREMONIAL STREET NAME OF VIRGINIA AND WILLIAM GUZMAN WAY

ALONG SANTA ANA BOULEVARD FROM PACIFIC AVENUE TO FOREST AVENUE

2. Direct Staff to install two ceremonial street signs along Santa Ana Boulevard at the intersections of Pacific Avenue and Forest Avenue.

MINUTES: Councilmember Hernandez spoke regarding the historical significance of the ceremonial street sign.

14.Adopt a Resolution Authorizing Ceremonial Street Naming of Warren Bussey Square (General Fund)
Department(s): Public Works Agency
Recommended Action:

1. Adopt a resolution authorizing the Ceremonial Street Naming of Warren Bussey Square at the intersection of Pacific Avenue and Walnut Street.

RESOLUTION NO. 2024-032 entitled A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF SANTA ANA DIRECTING AND AUTHORIZING A

CEREMONIAL STREET NAME OF WARREN BUSSEY SQUARE AT THE

INTERSECTION OF PACIFIC AVENUE AND WALNUT STREET

2. Direct Staff to install two ceremonial street signs at the intersection of Pacific Avenue and Walnut Street.

City Council 4 – 11 7/16/2024
CITY COUNCIL 12 JUNE 18, 2024
MINUTES: Councilmember Hernandez spoke regarding the historical significance of the ceremonial street sign.

15. Second Reading of the Local Resident Preference in Affordable Housing Ordinance
First reading at the June 4, 2024 City Council meeting and approved by a vote of 7-0.

Published in the OC Reporter on June 10, 2024.

Department(s): Community Development Agency
Recommended Action: Conduct a second reading of the Local Resident Preference in Affordable Housing Ordinance to comply with the State of California Local Tenant Preferences to Prevent Displacement Act and codify the City’s existing local resident preference policy.

ORDINANCE NO. NS-3066 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CREATING A NEW ARTICLE XXI IN CHAPTER 8 OF THE MUNICIPAL CODE TO CODIFY THE CITY’S LOCAL RESIDENT
PREFERENCE IN AFFORDABLE HOUSING (includes determination that the ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) because the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment and 15060(c)(3) because the activity is not a project as defined in Section 15378 of the CEQA Guidelines)

16.Second Reading and Adoption of City Council Ordinance No. NS-3067 Appropriating Monies to the Several Offices, Agencies, and Departments of the City of Santa Ana for the Fiscal Year Budget Period Commencing July 1, 2024 First reading at the June 4, 2024 City Council meeting and approved by a vote of 7-0.

Published in the OC Reporter on June 10, 2024.

Department(s): Finance and Management Services
Recommended Action: Approve the second reading and adopt Ordinance No. NS3067 to appropriate monies to the several offices, agencies, and departments of the City for Fiscal Year 2024-25 (FY24-25), which begins on July 1, 2024 and ends on June 30, 2025. (Requires five affirmative votes)
City Council 4 – 12 7/16/2024
CITY COUNCIL 13 JUNE 18, 2024
UNCODIFIED ORDINANCE NO. NS-3067 entitled AN UNCODIFIED ORDINANCE

OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROPRIATING MONIES

TO SEVERAL OFFICES, AGENCIES, AND DEPARTMENTS OF THE CITY FOR FISCAL YEAR BUDGET PERIOD COMMENCING JULY 1, 2024
**END OF CONSENT CALENDAR**
MINUTES: At 7:46 P.M., the Business Calendar was considered.

17.Review of City Charter Amendments Concerning Rent Stabilization Ordinance and Non-Citizen Voting and Resolutions Required to Submit to Voters at the November 5, 2024 Municipal Election Ballot Measures Relating to Proposed Charter Amendments Concerning Ethics Code, Capital Improvement Funds, City Clerk and City Attorney Authority, Civil Service, and Council Compensation
Department(s): City Attorney’s Office
Recommended Action:

1. Adopt a resolution giving notice of the City's General Municipal Election to be held in the City of Santa Ana on November 5, 2024 for the submission of questions to the voters relating to proposed amendments to the City Charter; RESOLUTION NO. 2024-033 entitled A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF SANTA ANA GIVING NOTICE OF A GENERAL

MUNICIPAL ELECTION TO BE HELD IN THE CITY OF SANTA ANA ON NOVEMBER 5, 2024 FOR THE SUBMISSION TO THE VOTERS OF

QUESTIONS RELATING TO THE AMENDMENT OF THE CITY CHARTER IN REGARD TO SECTIONS 401.5 (ETHICS CODE), 402 (COUNCIL
COMPENSATION), 611 (CAPITAL IMPROVEMENT FUNDS), 702 (CITY CLERK AUTHORITY), 703 (CITY ATTORNEY AUTHORITY), 1002 (CIVIL SERVICE), AND 1103 (BONDS)

2. Adopt a resolution designating the ballot questions related to the proposed City Charter amendments;
RESOLUTION NO. 2024-034 entitled A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF SANTA ANA SETTING FORTH THE LANGUAGE

OF BALLOT TITLES FOR CITY CHARTER AMENDMENTS REGARDING

CLEAN-UP OF OBSOLETE SECTIONS, CIVIL SERVICE, ETHICS CODE,

CITY CLERK AND CITY ATTORNEY AUTHORITY AND COUNCIL
COMPENSATION TO BE INCLUDED ON THE BALLOT FOR THE 2024

GENERAL MUNICIPAL ELECTION

BUSINESS CALENDAR
City Council 4 – 13 7/16/2024
CITY COUNCIL 14 JUNE 18, 2024

3. Review City Charter amendments concerning rent stabilization and just cause eviction ordinance and consider whether to adopt revised resolution; and RESOLUTION NO. 2024-035 entitled RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF SANTA ANA GIVING NOTICE OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN THE CITY OF SANTA ANA ON NOVEMBER 5, 2024 FOR THE SUBMISSION OF A BALLOT MEASURE TO THE QUALIFIED

VOTERS PROPOSING A RENT STABILIZATION AND JUST CAUSE

EVICTION ORDINANCE AND REQUESTING THE ORANGE COUNTY

BOARD OF SUPERVISORS TO CONSOLIDATE THIS ELECTION WITH THE

STATEWIDE GENERAL ELECTION

4. Review City Charter amendment concerning non-citizen voting and consider whether to adopt revised resolution.

RESOLUTION NO. 2024-XXX entitled A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF SANTA ANA CALLING AND GIVING NOTICE OF

A GENERAL MUNICIPAL ELECTION TO BE HELD IN THE CITY OF SANTA ANA ON NOVEMBER 5, 2024 FOR THE SUBMISSION OF A BALLOT

MEASURE TO THE QUALIFIED VOTERS ASKING IF THE CITY OF SANTA

ANA SHOULD PERMIT NONCITIZEN VOTING IN ALL CITY MUNICIPAL

ELECTIONS
MINUTES: City Attorney Sonia Carvalho gave a brief report and spoke regarding the proposed rent stabilization resolution.

Mayor Pro Tem Phan asked for clarification regarding the clean-up language related to the super-majority vote in the ordinance.

City Attorney Carvalho provided clarification regarding the proposed revised ordinance resolution.

MOTION: Mayor Pro Tem Phan moved to approve recommended action No. 3 for Agenda Item No. 17, seconded by Councilmember Hernandez.

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

AYES:

NOES:

ABSTAIN:

ABSENT:

COUNCILMEMBER HERNANDEZ, COUNCILMEMBER

LOPEZ, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM
PHAN

COUNCILMEMBER BACERRA, COUNCILMEMBER

PENALOZA, MAYOR AMEZCUA
NONE
NONE
Status: 4 – 3 – Pass
City Council 4 – 14 7/16/2024
CITY COUNCIL 15 JUNE 18, 2024
MINUTES: City Attorney Carvalho spoke regarding the AdHoc Committee and the first proposed ballot measure question related to ethics and conduct, CIP fund, bonds, and City Clerk and City Attorney authority.

Councilmember Penaloza suggested the language in section 702 for the City Clerk and section 703 for the City Attorney be changed to “enter into contracts related to the City Clerk/City Attorney based upon the City’s purchasing policies and dollar limitations as established by the City Council.”
Mayor Pro Tem Phan asked for clarification regarding the current proposed language related to authority.

City Attorney Carvalho suggested the language in sections 702 and 703 be amended to allow City Council additional flexibility to state “based upon the City’s purchasing policies and dollar limitations as established for the City Manager or at such other amount established by the City Council.”
Mayor Pro Tem Phan requested the new flexibility language be added.

Councilmember Lopez requested context related to the elimination of the personnel board or enforcement code language.

City Attorney Carvalho stated the proposal does not include an action on the personnel board or enforcement code language.

MOTION: Mayor Pro Tem Phan moved to approve the first ballot measure question (exhibit A) related to ethics and conduct, CIP fund, bonds, and City Clerk and City Attorney authority, as amended to include “or at such other amount established by the City Council” to sections 702 and 703, seconded by Councilmember Penaloza.

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

AYES:

NOES:

ABSTAIN:

ABSENT:

COUNCILMEMBER BACERRA, COUNCILMEMBER

HERNANDEZ, COUNCILMEMBER LOPEZ,

COUNCILMEMBER PENALOZA, COUNCILMEMBER

VAZQUEZ, MAYOR PRO TEM PHAN, MAYOR AMEZCUA
NONE
NONE
NONE
Status: 7 – 0 – Pass
MINUTES: City Attorney Carvalho spoke regarding the second proposed ballot measure question related to council compensation.

Mayor Pro Tem Phan spoke regarding the proposed council compensation.

City Council 4 – 15 7/16/2024
CITY COUNCIL 16 JUNE 18, 2024
Councilmember Hernandez spoke in support of the proposed ballot measure.

Councilmember Bacerra spoke regarding the proposed council compensation.

MOTION: Councilmember Bacerra moved to approve the second ballot measure question (exhibit B) related to council compensation, seconded by Mayor Pro Tem Phan.

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

AYES:

NOES:

ABSTAIN:

ABSENT:

COUNCILMEMBER BACERRA, COUNCILMEMBER

HERNANDEZ, COUNCILMEMBER LOPEZ, MAYOR PRO

TEM PHAN

COUNCILMEMBER PENALOZA, COUNCILMEMBER

VAZQUEZ, MAYOR AMEZCUA
NONE
NONE
Status: 4 – 3 – Pass
MOTION: Mayor Pro Tem Phan moved to approve recommended action nos. 1 and 2 for Agenda Item No. 17, seconded by Councilmember Bacerra.

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

AYES:

NOES:

ABSTAIN:

ABSENT:

COUNCILMEMBER BACERRA, COUNCILMEMBER

HERNANDEZ, COUNCILMEMBER LOPEZ,

COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM PHAN

COUNCILMEMBER PENALOZA, MAYOR AMEZCUA
NONE
NONE
Status: 5 – 2 – Pass
MINUTES: City Attorney Carvalho gave a brief overview regarding the revised resolution related to non-citizen voting.

MOTION: Councilmember Vazquez moved to leave the language in the noncitizen voting resolution as is, seconded by Councilmember Hernandez.

Councilmember Hernandez spoke in support of leaving the language as is.

Councilmember Penaloza spoke regarding the City Attorney’s neutral language originally proposed and spoke in opposition to the item.

Councilmember Vazquez spoke in support of the original proposed non-citizen voting resolution.

Councilmember Hernandez spoke regarding inclusive language.

City Council 4 – 16 7/16/2024
CITY COUNCIL 17 JUNE 18, 2024
Mayor Pro Tem Phan asked for clarification regarding the proposed resolution.

City Attorney Carvalho stated the proposed resolution is a revised resolution in relation to the current lawsuit regarding this matter.

Mayor Pro Tem Phan spoke in support of the original proposed non-citizen voting resolution.

Mayor Amezcua requested data related to costs of the lawsuit.

SUBSTITUTE MOTION: Councilmember Penaloza moved to completely remove the ballot measure question related to non-citizen voting, seconded by Mayor Amezcua.

SECOND SUBSTITUTE MOTION: Mayor Pro Tem Phan moved to keep the ballot language related to the non-citizen voting as adopted in the Fall 2023, seconded by Councilmember Hernandez.

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

AYES:

NOES:

ABSTAIN:

ABSENT:

COUNCILMEMBER HERNANDEZ, COUNCILMEMBER

LOPEZ, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM
PHAN

COUNCILMEMBER BACERRA, COUNCILMEMBER

PENALOZA, MAYOR AMEZCUA
NONE
NONE
Status: 4 – 3 – Pass
**END OF BUSINESS CALENDAR**

COUNCILMEMBER REQUEST ITEMS

18.Discuss and Consider Providing Direction to the City Manager, City Clerk, and City Attorney to Prepare Necessary Documents to Propose a Cigarette Litter Abatement Tax – Councilmembers Hernandez and Vazquez (continued from the City Council meeting of June 4, 2024, Item No. 41)
MINUTES: Councilmember Hernandez spoke regarding the proposal of the cigarette litter abatement tax and placing it on the ballot.

Councilmember Vazquez spoke in support of the item.

Councilmember Bacerra asked for clarification regarding the process of taxing the tobacco industry.

Councilmember Hernandez briefly spoke regarding the potential process of current cities with a cigarette litter abatement tax.

City Council 4 – 17 7/16/2024
CITY COUNCIL 18 JUNE 18, 2024
Discussion ensued regarding the proposed cigarette litter abatement tax process and initial research.

City Council reached consensus to received additional information.

19.Discuss and Consider Providing Direction to the City Manager on the Interest in Launching a Street Medicine Program with CalOptima – Mayor Amezcua MINUTES: Mayor Amezcua spoke regarding the proposal of launching a street medicine program with CalOptima.

Councilmember Hernandez spoke in support of the item.

Councilmember Vazquez spoke in support of the item.

Councilmember Lopez spoke in support of the item and spoke regarding potential barriers.

Councilmember Penaloza spoke in support of the item.

Mayor Pro Tem Phan spoke in support of the item and spoke regarding building partnerships.

Acting City Manager Alvaro Nuñez spoke regarding meeting with CalOptima leadership and maximizing partnerships.

City Council reached consensus to move forward.
**END OF COUNCIL REQUESTED ITEMS**

CITY MANAGER COMMENTS
MINUTES: Acting City Manager Alvaro Nuñez spoke regarding meeting with CalOptima leadership and establishing additional partnerships and provided a brief update on the needle exchange.

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. June 18-20, 2024 Councilmember Hernandez – NALEO 41st Annual Conference, Las Vegas, NV

2. June 18-20, 2024 Councilmember Penaloza – NALEO 41st Annual Conference, Las Vegas, NV

3. June 18-20, 2024 Councilmember Vazquez – NALEO 41st Annual Conference, Las Vegas, NV
City Council 4 – 18 7/16/2024
CITY COUNCIL 19 JUNE 18, 2024

4. June 18-20, 2024 Mayor Amezcua – NALEO 41st Annual Conference, Las Vegas, NV
MINUTES: Councilmember Vazquez announced his attendance at NALEO Annual Conference and spoke regarding the shooting on Bishop.

Councilmember Lopez spoke regarding shootings in the city and senseless violence and the City of Long Beach’s plan to support youth and prevent gang violence, announced office hours at Edna Park at 10:00 A.M., invited all to attend the Juneteenth event at Centennial Park, and congratulated Floral Park being named as neighborhood of the year.

Councilmember Hernandez announced his attendance at NALEO Annual Conference and spoke regarding the shooting of Daniel Vargas and requested a continuity of care in the neighborhood.

Councilmember Bacerra spoke regarding vacancies in the Police Department and requested positions be filled, spoke regarding the violence throughout the city, announced office hours on July 6 at the Segerstrom Triangle, and wished everyone a Happy Fourth of July.

Councilmember Penaloza thanked the Parks, Recreation, and Community Services Agency for Movies at the Park, announced his attendance at NALEO Annual Conference, spoke regarding filling vacancies, and expressed condolences to the Vargas family.

Mayor Pro Tem Phan spoke regarding violence in the city, wished everyone a Happy Fourth of July and a Happy Anniversary to her husband, and thanked Councilmember Lopez for the certificate of recognition today.

Mayor Amezcua thanked the Police Department for addressing shootings in the city, spoke regarding Waymakers, requested record of data for citations related to July 4th, requested Measure X Oversight Committee positions be filled, announced her attendance at NALEO Annual Conference, and wished everyone a Happy Father’s Day and Happy Fourth of July.

ADJOURNMENT – Adjourn the City Council meeting.

MINUTES: Mayor Amezcua adjourned the City Council Meeting at 9:30 P.M.

Respectfully submitted:
___________________________
Jennifer L. Hall, CMC
City Clerk
City Council 4 – 19 7/16/2024
Police Department & Library
www.santa-ana.org/police, www.santa-ana.org/library
Item # 7
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
July 16, 2024
TOPIC: Destruction of Obsolete City Records

AGENDA TITLE
Approve Destruction of Obsolete City Records

RECOMMENDED ACTION
Approve the request for the destruction of obsolete records from the Police Department, Jail Bureau and the Library in accordance with the retention schedule outlined in City Council Resolution 2013-014.

GOVERNMENT CODE §84308 APPLIES: No

DISCUSSION
On April 1, 2013, the City Council approved Resolution 2013-014. The resolution provides agencies, departments, and offices guidance on the retention of City records including how long the records need to be retained.

Pursuant to the resolution, City staff prepared a Citywide Records Retention Schedule which sets forth the retention period for a particular record. The schedule reflects the requirements of the California Government Code and is modeled after the California Secretary of State's sample for local governments, while incorporating other statutory periods applicable to the City.

The schedule attached to the resolution is broken down into multiple sections covering the varied responsibilities and minimum retention periods applicable to each.

Section 5.B of the resolution and the City's Municipal Code requires that the City Attorney approve the destruction of a City record. Accordingly, the Police Department and the Library have prepared a list of obsolete records proposed for destruction in the form of a memorandum (Exhibits 1 and 2). The memoranda were reviewed and approved by the City Attorney’s Office. Destruction of these records will benefit staff offices, providing more efficient access to files and alleviate the City's storage needs to maintain obsolete records.

City Council 7 – 1 7/16/2024
Destruction of Obsolete City Records for the Police Department and Library July 16, 2024

Page 2 ends

ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.

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

EXHIBIT(S)

1. Request for Destruction of Records – Police Department

2. Request for Destruction of Records – Library Services Agency Submitted By: Robert Rodriguez, Acting Chief of Police
Brian Sternberg, Executive Director of Library Services Approved By: Alvaro Nuñez, Acting City Manager
City Council 7 – 2 7/16/2024

SANTA ANA POLICE
Memorandum
To: Sonia R. Carvalho, City Attorney
From: Kenneth Willard, Correctional Manager
Date: 3/28/2024
Re: Request for Destruction of Records
The Police Departinent requests your consent to destroy city records on the attached listing, in accordance with the retention scliedule outlined in City Council Resolution 2013-014.

Please review and return a signed and dated copy of the attached pages approving the destniction of the records.

Thank you.
tl:ix
Kenneth Willard
Correctional Manager
Santa Ana Police Department
l
EXHIBIT 1
City Council 7 – 3 7/16/2024

CITY OF SANTA ANA

OBSOLETE RECORDS DESTRUCTION SCHEDULE

POLICE DEPARTMENT
March 2024
Record
Category
Record Series Record Description Record Start
Date
Record Retention
Period
Record Period Government
Code
Digital
Version?
Jail Operations
Reports
li'icident Report Discipline (}), Restraint
Cliair Reports (5),
Coinmissaiy (l ),
Minor/Ma_)or Disciplii'ie
Reports (1 )
Date of Report 2 Years 2013-2017, 2021 34090 No
Jail Operations Sliift Activity Log Razor Logs (3), Law Library (l), USM Court
Lii'ies (I), ICE (2),
Visitor Logs (4),
D------n I I D--9--- i--- - l
Date of Log 2 Years 2008, 20 12, 20 14-
2018
34090 No
Sigi'i-in Logs (I)
Jail Inmate
Records
By Ininate Name Pay to Stay (3 ), Ininate
Files (63f
Date of Arrest TO Years 2006-2009, 2011,
2012
Agency Policy No
Jail
Adiiiinistrative
Reports
Population Roster Mail Logs (l), AdSeg
Logs (2)
Date of Log 2 Years 2013, 2015, 2016 34090 No
Jail
Adininistrative
Reports
Intake Statistics AdSeg Rosters (I ),
Headcoui'it Log/Roster
(4)
Date of
Suininary
2 Years 2012, 2013 34090 No
Jail
Adiniiustrative
Reports
Ininate Grievances Incidei'it Reports (7) Date of
C
10 Years 2008, 20 10, 20 l l Agency Policy No
PREPARED BY:

Kenneth Willard
Correctional Manager
3/28/2024
Date
a4&,q CONSEN BY:

Robert Rodriguez
Acting Chief of Police
for
Tamara Bogosian, Sr Asst City Atfomey
Sonia R. Carvalho Date Apnl TO, 2024
City Attorney
See attached page kom Retention Schedule
EXHIBIT 1
City Council 7 – 4 7/16/2024
l
RECORD CATEaORY RffCORD SERIES RECORD DESCRIPTION
FtECOR-D-
!iTART Djm_

RET- EN-TION -

PERIOD REMARKS CUSTODIAN
[%2:,:N,CE Negallvas by Case Numbw NegaUvas OT photos taken fmm aims mxnes Date Oblalnad 5 Yeais GC 34090 10 Ljb PIELCI INTERVIEW CJIRCIS By Naiiie (kiaimsnlation ol s field ainhid by an offloer Data Wil!ten 2 Yaaia GC 34090 Reoois Division FINANCE Petty Cash Remipls-by
Fisal Year
Expanse voudters and mlmbursement mquesta Daje oT
Raknbumemenf
2 Years QC 34090 Spell
lnve4latlons
'FINANCIAL DISCLOSURE
FORM
By Name Confidanbl finandal dbidosum %mi aimpleted
by employees worklng desi0natsd assignmenls
SapamUon dale from
desl0nated
asslanmsnt
2 Yeara GC 34090
-- -- i
II
I
I
I
l
rinvuqch Commpondenoe. rds of Inlemeparlmental
adlons zn>min4 Task Foioe issues
Date of Inddent 3 Yeais GC 34090 DlslrlCl
Inve$aUons
JQIL ADMINISTRATIVE;
REPORT8 --- -
tnmata (arlavanmt Inmate zmplalnts and dlsposlllons Date ol Complellon TO Yeaffl j%iendy Policy Jail FffidllTy

JAIL ADMINISTRATIVE

REPORTS
I .. - -
Inspedlam %sulls of other govammental aOandes
Inspadions
Data orlnspe6n 2 Years ac :iaogo Jail Fa61l!y
Inmate Man Log Inmate mail summary Date of Log 2 Yeara GC, 34XIO Jall Fadllty Onlake Sla}lallas Daily sumniary ol Intakas Date Of SufiVnaTV 2 Y@affl ac 34090 Jail Fadllty F__opu)aUoii Romr DaUy population rosler Data o( Log 2 Years (30 xoe_o__" J!II FaCIUV I
JAIL INMATE RECORDS By Inmaffl Name Booklng, mlease and aistady files Dale of Amisl ID Years Agent Policy J_all Fa:J _ I JAIL OPERAnONS

REPORTS
Adlvlly Sum- mad Synopsls of populallan demo0raphy Date ol Log 2 Years GC 34090 Jail Fadllty I I
Inddant Rapark OlJmti occurranm documen}alkin oBleofReporl - 2 Y6a- p GC 34090 Jail Fadllt} -l 8hlll AdAay Liig !1%)-nlfiun) ewnJ wellga ttma, ela - = - Dale of Lag 2 Years ac 34090 ' Jall Fadllty I MINuTES unlform CommlRee Meaung mlnules Date oT Meetlng 2 Years aC 34090 Field OperaUons I
PERSONNEL By Name Clty employmanl quests %i reconj chedis of new employees and aiipparUn(l doaimants
Date of Request 2 Years GC 34090 Reooms DMton I
By Name Explamr Post appllaaUons and-pedomianoe
mooms of explomra
Date of TemilnaUm 2 Years GC 34090 Treinlng Division '
I
P!:TITIONS
I
I
PeUtlon and Omers under
PC 1034 (no case numbers)
CouR Omers mqulnng the seallng of mooms Dale of Omei 2 Years GC 34XIO "e""oi"ionl
COLICE REPORTS Crime Raporls Tmfflc
Repom Inlormallon
Re 0
Intldants whemln a case number Is Issued Date oT Repoil Pemianerit Reaiids DMsion I
44 EXHIBIT 1
City Council 7 – 5 7/16/2024

MEMORANDUM
To: Sonia R. Carvalho, City Attorney DBle: June 10, 2024 Brian Sternberg
From: Library Services Director
Subject: Request for Destruction of Records
The Library Service Agency requests your consent to destroy City records on the attached listing, in accordance with the retention schedule outlined in the City Council Resolution 2013-014.

Please review this report and return a signed and dated copy of the attached page approving the destruction of records.

Thank you.
-t.,!,,
Brian Sternberg%J'l, 2024 12:57 PDT)
Brian Sternberg
Executive Director
Library Services Agency
EXHIBIT 2
City Council 7 – 6 7/16/2024
Destruction of Obsolete Records
July 16, 2024

Page 2 ends

CITY OF SANTA ANA

OBSOLETE RECORDS DESTRUCTION SCHEDULE

LIBRARY SERVICES AGENCY
July 16, 2024
RECORD

CATEGORY
RECORD
SERIES
RECORD

DESCRIPTION

RECORDS

ST ART DATE

RETENTION
PERIOD

GOV'T CODE/

REMARKS
BOX
NO.

Admin SVCS
(Under
Community
Development
Agency)

CDBG/ ESG/
HPRP
Grant documents
and all supporting
documents
((surveys))
FY 2016-2017 4 Years from
FY date
GC 34090
24CFR
570.502
24 CFR

85.42 1
Admin SVCS
(under
Community
Development
Agency)

CDBG/ ESG/
HPRP
Subrecipient
binders ((CDBG
application))
FY 2007- June
2011
5 Years from
FY date
Code of Civil
Procedures
Sec. 337 GC
34090
2 Admin-SVCS
(Under
Community
Development
Agency)

CDBG/ ESG/
HPRP
Subrecipient
binders ((CDBG
application))
FY2010-2011 5 Years from
FY date
Code of Civil
Procedures
Sec. 337 GC
34090
3 Admin-SVCS
(Under
Community
Development
Agency)

CDBG/ ESG/
HPRP
Subrecipient
binders ((CDBG
application))
FY 2010-2012 5 Years from
FY date
CorJe of Civil
Procedures
Sec. 337 GC
34090
4 Admin SVCS
(Under
Community
Development
Agency)

CDBG/ ESG/
HPRP
Subrecipient
binders ((CDBG
application))
FY 2011-2013 5 Years from
FY date
Code of Civil
Procedures
Sec. 337 GC
34090
5 Admin-SVCS
(Under
Community
Development
Agency)

CDBG/ ESG/
HPRP
Subrecipient
binders ((CDBG
application))
FY 2012-2014 5 Years from
FY date
Code of Civil
Procedures
Sec. 337 GC
34090
6 Admin SVCS
(Under
Community
Development
Agency)

CDBG/ ESG/
HPRP
Subrecipient
binders ((CDBG
application))
FY 2013-2014 5 Years from
FY date
Code of Civil
Procedures
Sec. 337 GC
34090
7 Ad-min-SVCS
(Under
Community
Development
Agency)

CDBG/ ESG/
HPRP
Subrecipient
binders ((CDBG
application))
FY 2014-2015 5 Years from
FY date
Code of Civil
Procedures
Sec. 337 GC
34090
8 Admin SVCS
(Under
Community
Development
Agency)

CDBG/ ESG/
HPRP
Subrecipient
binders ((CDBG
application))
FY 2014-2015 5 Years from
FY date
Code of Civil
Procedures
Sec. 337 GC
34090
g
Admin-SVCS
(Under

CDBG/ ESG/
HPRP
Subrecipient
binders ((CDBG
FY2014-2015 5 Years from
FY date
Code of Civil
Procedures
10 EXHIBIT 2
City Council 7 – 7 7/16/2024
Community
Development
Agency)
application)) Sec. 337 GC
34090
Admin SVCS
(Under
Community
Development
Agency)

CDBG/ ESG/
HPRP
Subrecipient
binders ((CDBG
application))
FY2015-2016 5 Years from
FY date
Code of Civil
Procedures
Sec. 337 GC
34090
11 Admin SVCS
(Under
Community
Development
Agency)

CDBG/ ESG/
HPRP
Subrecipient
binders ((CDBG
application))
FY 2016- 2017 5 Years from
FY date
Code of Civil
Procedures
Sec. 337 GC
34090
12 Economic
Development
(Under
Community
Development
Agency)
Workforce
Investment
Act (WIA) &
Special
Projects
WIA Forms
(enrollment and
various participation
forms)
FY 2015-2016 6 years 29CFR, Part

97.42 (b)(2)
13 Economic
Development
(Under
Community
Development
Agency)
Workforce
Investment
Act (WIA) &
Special
Projects
Participant payroll
records (timecards,
participant profiles,
payroll printouts)
FY2015-2016 6 years 29CFR, Part

97.42 (b)(2)
13 Economic
Development
(Under
Community
Development
Agency)
Workforce
Investment
Act (WIA) &
Special
Projects
WIA Forms
(enrollment and
various participation
forms)
FY 2016-2017 6 years 29CFR, Part

97.42 (b)(2)
14 Economic
Development
(Under
Community
Development
Agency)
Workforce
Investment
Act (WIA) &
Special
Projects
Participant payroll
records (timecards,
participant profiles,
payroll printouts)
FY 2016-2017 6 years 29CFR, Part

97.42 (b)(2)
14 Economic
Development
(Under
Community
Development
Agency)
Workforce
Investment
Act (WIA) &
Special
Projects
WIA Forms
(enrollment and
various participation
forms)
FY 2017-2018 6 years 29CFR, Part

97.42 (b)(2)
15 Economic
Development
(Under
Community
Development
Agency)
Workforce
Investment
Act (WIA) &
Special
Projects
Participant payroll
records (timecards,
participant profiles,
payroll printouts)
FY2017-2018 6 years 29CFR, Part

97.42 (b)(2)
15 Offficial personnel
files
Miscellaneous
Documents
Documents not
specifically
mentioned but kept
in official personnel
files ((Volunteer
applications- nonmedical related))
FY 2010-2013 5 years 29 CFR
1602.30-32 &
WCLC,
Section 32al2
16 Official personnel
files
Miscellaneous
Documents
Documents not
specifically
mentioned but kept
in official personnel
FY 2010-2013,
FY 2015-2016
5 years 29 CFR
1602.30-32 &
WCLC,
Section 3212
17 EXHIBIT 2
City Council 7 – 8 7/16/2024
Destruction of Obsolete Records
July 16, 2024

Page 2 ends

files ((Volunteer
applications- nonmedical related))
Official personnel
files
Miscellaneous
Documents
Documents not
specifically
mentioned but kept
in official personnel
files ((Volunteer
applications- nonmedical related))
FY 2016-2017 5 years 29 CFR
1602.30-32 &
WCLC,
Section 3212
18 Official personnel
files
Miscellaneous
Documents
Documents not
specifically
mentioned but kept
in official personnel
files ((Volunteer
applications- nonmedical related))
FY2017-2018 5 years 29 CFR
1602.30-32 &
WCLC,
Section 3212
19 Official personnel
files
Miscellaneous
Documents
Documents not
specifically
mentioned but kept
in official personnel
files ((Volunteer
applications- nonmedical related))
FY 2C11 8-2019 5 years 29 CFR
1602.30-32 &
WCLC,
Section 3212
20 PREPARED BY:

U4 7/1/24
Maria Castro Date
Senior Management Analyst
Library Services Agency
RECORDS DESTROYED:
20 Number of Boxes
CONSENT BY:
42J-,
Brian Sjemberg%!fnl, 2024 12157 PDT)
Brian Sternberg Date
Executive Director
Library Services Agency
APPROVED BY:

Sonia R. Carvalho Date
City Attorney
EXHIBIT 2
City Council 7 – 9 7/16/2024

MEMORANDUM
Final Audit Report
Created:

BY:

Status:

Transaction ID:
2024-07-01
Ella Sepulveda ([email protected])
Signed
CBJCHBCAABAAtleEOjOHlrXGfZq3X-y-KfQZw2zuN4Aw
2024-07-01
"MEMORANDUM" History
Document created by Ella Sepulveda ([email protected]) 2024-07-01- 7:52:46 PM GMT
C'.+ Document emailed to Brian Sternberg ([email protected]) for signature 2024-07-01 -7:52:51 PM GMT
'd Email viewed by Brian Sternberg ([email protected]) 2024-07-01 -7:55:15 PM GMT
(4% Document e-signed by Brian Sternberg ([email protected]) Signature Date: 2024-07-01 - 7:57:37 PM GMT - Time Source: server @ Agreement completed.
2024-07-01-7:57:37 PM GMT
OAdobe Acrobat Sign
EXHIBIT 2
City Council 7 – 10 7/16/2024
Library
www.santa-ana.org/library
Item # 8
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
July 16, 2024
TOPIC: Moving Services for Main and Newhope Libraries

AGENDA TITLE
Amendment to Agreement with Inland Moving & Storage Co., Inc. dba Burgess Moving & Storage for the Main Library and Newhope Library Projects (General Fund)

RECOMMENDED ACTION
Authorize the City Manager to execute an amendment to an agreement with Inland Moving & Storage, Co., Inc. dba Burgess Moving & Storage for additional moving and storage services for Main and Newhope Libraries, increasing compensation by $121,389, for a total amount not to exceed $345,313, and extending the term to December 31, 2026, with a provision for a one-year extension (Agreement No. A-2024- XXX)
GOVERNMENT CODE §84308 APPLIES: Yes

DISCUSSION
On July 18, 2023, the City Council approved an agreement with Inland Moving & Storage Co., Inc. dba Burgess Moving & Storage (“Burgess”) for moving and storage services for the Main Library and Newhope Library capital projects. Burgess will manage the moves both out and back into the libraries, including relocating Library collections, select furniture, and providing temporary off-site storage and all packing materials.

The Library requested additional services from Burgess to disassemble and dispose of antiquated book shelving, and surplus outdated furniture still in usable condition, but slated to be replaced with the project. Disposal and surplus work will need to be performed prior to construction commencing. Allowing Burgess to perform this work while they are already on-site for moving services will increase efficiency and provide cost savings since the general contractor will not have to perform as many tasks related to the demolition and removal of broken and unusable shelving and furniture. In conjunction with Purchasing, the Library provided an opportunity for the public to purchase surplus furniture items in usable condition via GovDeals.com.

Also, additional funds are needed for storage services for the Main Library. Since City Council 8 – 1 7/16/2024
Moving Services for Main and Newhope Libraries
July 16, 2024

Page 2 ends

approval of Burgess’ agreement, the construction schedule has been revised to reflect more accurate timeframes, which required the storage duration be extended.

Construction of the Main Library Transformation Project is anticipated to be completed in spring 2026.

ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.

FISCAL IMPACT
Funds are budgeted and currently available in the following accounts for the specified year. A proposed carryover of unspent funds to future fiscal years will be presented to the City Council for approval.

Fiscal Year Accounting
Unit-Account #
Fund
Description
Accounting Unit,
Account Description Amount
2023-2024 01111017-66200 General Fund
Library Service
Enhancement,
Buildings & Building
Improvements
$111,129
2023-2024 01211020-66200 Cannabis Public
Benefit Fund
Library Youth
Services, Buildings &
Building Improvements
$10,260
TOTAL $121,389

EXHIBIT(S)

1. Amendment
Submitted By: Brian Sternberg, Executive Director of Library Services Approved By: Alvaro Nuñez, Acting City Manager
City Council 8 – 2 7/16/2024

Page 1 of 2 ends

FIRST AMENDMENT TO AGREEMENT WITH INLAND MOVING & STORAGE DBA

BURGESS MOVING & STORAGE FOR MOVING AND STORAGE SERVICES FOR

THE SANTA ANA LIBRARY
THIS FIRST AMENDMENT to the above-referenced agreement is entered into on July 16, 2024, by and between Inland Moving & Storage, a California corporation dba Burgess Moving & Storage (“Contractor”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”).

RECITALS
A. Following Request for Proposal (“RFP”) No. 23-058A, the parties entered into Agreement No. A-2023-129 (“Agreement”) dated July 18, 2023, to retain a qualified contractor to provide moving and storage services for the Santa Ana City Library.

B. The Agreement is in full force and effect through December 31, 2025.

C. The parties now wish to amend the Agreement to expand the scope, increase compensation, and extend the term.

The Parties therefore agree:

1. Section 1, Scope of Services, is hereby amended to replace Exhibit B of the Agreement with Exhibit B-1 of this First Amendment.

2. Section 2.a., Compensation, is hereby amended to replace Exhibit C of the Agreement with Exhibit C-1 of this First Amendment. The compensation for services provided is increased by $121,389 for total Agreement amount not to exceed $345,313, which includes a $31,392 contingency for additional services at the City’s sole discretion.

3. Section 3, Term, is hereby amended to terminate on December 31, 2026, provided the City shall have the option to renew this Agreement for up to a one (1) year term, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier pursuant to the terms of the Agreement.

4. Except as modified by this First Amendment, all terms and conditions of the Agreement shall remain in full force and effect.
[signature page follows]
City Council 8 – 3 7/16/2024

Page 2 of 2 ends

SIGNATURE PAGE FOR

FIRST AMENDMENT TO AGREEMENT WITH INLAND MOVING & STORAGE DBA

BURGESS MOVING & STORAGE FOR MOVING AND STORAGE SERVICES FOR

THE SANTA ANA LIBRARY
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first written above.

Jennifer L. Hall Alvaro Nuñez
City Clerk Acting City Manager

APPROVED AS TO FORM CONTRACTOR
SONIA R. CARVALHO, City Attorney

By:____________________________
Brandon Salvatierra Name:

Deputy City Attorney Title:

RECOMMENDED FOR APPROVAL
______________________________
Brain Sternberg
Executive Director
Library Services Agency
Brian Sternberg (Jun 12, 2024 16:21 PDT) Tim Burgess (Jun 12, 2024 17:44 PDT) Tim Burgess President City Council 8 – 4 7/16/2024
EXHIBIT B-1
City Council 8 – 5 7/16/2024
City Council 8 – 6 7/16/2024
City Council 8 – 7 7/16/2024
City Council 8 – 8 7/16/2024
City Council 8 – 9 7/16/2024
City Council 8 – 10 7/16/2024

BURGESS MOVING AND STORAGE

RELOCATION INVENTORY
* This inventory is intended to be an approximate list of items to be moved; some items may not be listed. The owner/shipper is encouraged to review this list and notify the estimator if any large or otherwise significant items have been omitted.

DEPARTMENT SURVEY DATE:

Description Quantity
Book Boxes
Box, Small Misc (PBO) 100
Cabinet, Dream 1
Cabinet, Small 3
Cart, Book 5
Chair 8
Chair, Office 4
Chair, Overstuffed 4
Chair, Overstuffed with Table 8
Chair, Stacking 50
Circulation Desk, Rolling 3
Footstool / Ottoman 8
Kiosk 2
Library Gate (Set of Two) 2
Library Shelving (section) 12
Octogon Book Stand 1
Rolling Library Shelving 2
Sign 10
Stool, Stacking 9
Table, Computer 21
Table, Large 1
Table, Pub 3
Table, Round 2
Table, Small 1
Trash/Recycleable Container 6
Miscellaneous Items
Newhope Library - Main Room 3/16/2023
1400
City Council 8 – 11 7/16/2024

BURGESS MOVING AND STORAGE

DEPARTMENT SURVEY DATE:

Description Quantity
Chair, Office 1
Chair, Stacking 8
Table, Medium 3
Newhope Library - Media Lab 3/16/2023
City Council 8 – 12 7/16/2024

BURGESS MOVING AND STORAGE

DEPARTMENT SURVEY DATE:

Description Quantity
Cart 2
Cart, Book 1
Chair, Stacking 30
Podium / Lectern 1
Table, Medium 8
Trash/Recycleable Container 2
TV & Cart 1
Newhope Library - Meeting Room 3/16/2023
City Council 8 – 13 7/16/2024

BURGESS MOVING AND STORAGE

DEPARTMENT SURVEY DATE:

Description Quantity
Cart, Book 1
Chair, Overstuffed 2
Chair, Stacking 4
Table, Round 1
Table, Small 1
Trash/Recycleable Container 2
Newhope Library - Staff Break Room 3/16/2023
City Council 8 – 14 7/16/2024

BURGESS MOVING AND STORAGE

DEPARTMENT SURVEY DATE:

Description Quantity
Book Boxes
Book Boxes (Children) 413
Box, Small Misc (PBO) 100
Cart 1
Cart, Book 30
Carton, HD Large (CP) 5
Cash Register 1
Chair, Office 12
Copier 1
Flat Screen TV (47"-55") 1
Kiosk 2
Kiosk, Self-Checkout 1
Laptop (from Kiosk) 12
Library Gate (Set of Two) 2
Printer, Large 2
Refrigerator, Small 1
Sign 6
Trash Can 1
Trash/Recycleable Container 24
Miscellaneous Items
Santa Ana Library - First Floor (excluding History Room) 3/7/2023 1032
City Council 8 – 15 7/16/2024

BURGESS MOVING AND STORAGE

DEPARTMENT SURVEY DATE:

Description Quantity
Book Boxes 486
Box, Small Misc (PBO) 120
Card Cabinet, Large 1
Card Cabinet, Small 3
Vase (Crate) 1
Miscellaneous Items
Santa Ana Library - History Room 3/7/2023
City Council 8 – 16 7/16/2024

BURGESS MOVING AND STORAGE

DEPARTMENT SURVEY DATE:

Description Quantity
Book Boxes (PBO) 306
Box, HD Large (PBO) 6
Box, Small Misc (PBO) 400
Box, X Large (PBO) 2
Cabinet, Large 1
Cart, Book 10
Cart, Media 3
Chair, Office 10
EZ-Up 2
Flat Screen TV (55"+) 1
Laminator 1
Painting (CP) 3
Piano, Grand 1
Shelving/Racks, Medium 4
Sign 1
Table, Large 1
Tote, Plastic 20
Trash/Recycleable Container 12
Varidesk 1
Miscellaneous Items
Santa Ana Library - Second Floor 3/7/2023
City Council 8 – 17 7/16/2024

BURGESS MOVING AND STORAGE

DEPARTMENT SURVEY DATE:

Description Quantity
Arcade Game Machine 2
Book Boxes (PBO) 551
Book Boxes (PBO) - Book Mobile 102
Book Boxes (PBO) - Friends of Library 250
Box, Small Misc (PBO) 150
Cart, Book 70
Cart, Media/Tech 5
Electric Drum Set 1
Flat File Cabinet 1
Flat Screen TV (55"+) 1
Freezer 1
Guitar 5
Hand Truck 2
Keyboard 2
Ladder/Steps 2
Laminator 1
Maker Table 1
Microfilm Cabinet 9
Shelving/Racks, Medium 16
Shelving/Racks, Small 1
Stool 6
Trash/Recycleable Container 4
TV & Cart 1
Wall Rack 3
Miscellaneous Items
Santa Ana Library - Basement 3/7/2023
City Council 8 – 18 7/16/2024
City Council 8 – 19 7/16/2024
P.O. Box 1180 • Riverside, California • 92502 • T: 951.955.8916 • F: 951.955.6686 Follow EDA on Twitter! @GoRivcoEDA
Administration
Aviation
Business Intelligence
Community & Cultural Services
County Library System
Custodial Services
Economic Development
Edward-Dean Museum
Energy
Environmental Planning
Fair & National Date Festival
Film & Television
Housing Authority
Maintenance
Marketing
Office of Foreign Trade
Parking
Project Management
Real Estate
Workforce Development
www.rivcoeda.org
To Whom It May Concern: April 14, 2020
My name is Khylia Chapin and I am the Senior Library Project Manager for the Riverside County Library System. The Riverside County Library System is a network of 36 public libraries that provide service to over 2.4 million people across the County. Each year, we average close to four major library renovation projects that consists of careful removal and returning of library shelving, furniture, collection, equipment, and program materials. Over the past five years that I have been in my position, I have had the pleasure of working with Burgess Moving & Storage on several renovation projects to remove, store, return and/or surplus our library items. Some of the projects are listed below:
2017: Norco Library – Relocation
2018: Nuview Library – Demolition and Rebuild
2018: Sun City Library – Renovation
2019: Woodcrest Library – Renovation
I am favored to work with Burgess Moving & Storage because of their flexibility, exceptional attention to detail, excellent communication and customer service, and careful effort they put into each and every project. I am pleased to recommend Burgess Moving & Storage and look forward to working with them on many future library projects.

Sincerely,
Khylia Chapin
Senior Library Project Manager
Riverside County Library System
3403 Tenth Street, Suite 400
Riverside, CA 92501
Email: [email protected]
Office: 951-955-3295
City Council 8 – 20 7/16/2024
City Council 8 – 21 7/16/2024
City Council 8 – 22 7/16/2024
City Council 8 – 23 7/16/2024
City Council 8 – 24 7/16/2024
City Council 8 – 25 7/16/2024
City Council 8 – 26 7/16/2024
City Council 8 – 27 7/16/2024
City Council 8 – 28 7/16/2024
City Council 8 – 29 7/16/2024
City Council 8 – 30 7/16/2024
City Council 8 – 31 7/16/2024
City Council 8 – 32 7/16/2024
October 5, 2023
City of Santa Ana
Santa Ana Public Library
26 Civic Center Plaza
Santa Ana, CA 92701
Attn: Brian Sternberg
(714) 647-5296
[email protected]
QUOTE #20231005NA
Main Library Decommissioning Move
Main Library
26 Civic Center Plaza
Santa Ana, CA 92701
Scope:
• Burgess to provide moving labor & equipment to disassemble, move, and dispose of items listed on the attached inventories.
• Quote is based on performing services during normal business hours, 8:00am go 5:00pm, Monday through Friday. Move is expected to take 10-15 days.

Exclusions:
• Quote does not include disposing of office supplies, books, or the contents of cabinets/shelving. It is anticipated that library staff will purge such items prior to the move.

Charges:

Description Charges
Moving Labor & Equipment $67,500.00
Disposal Fees $9,450.00
Total $76,950.00
_________________________________________
Nathan Doyel, Estimator
City Council 8 – 33 7/16/2024

BURGESS MOVING AND STORAGE

RELOCATION INVENTORY
DEPARTMENT SURVEY DATE:

Description Quantity
Bookcase 4
Cabinet, Medium 1
Cart, Book 1
Chair 120
Chair, Office 28
Cubicle / Workstation 4
Desk, U-Shaped 2
File Cabinet, 4 Dr 4
File Cabinet, Lateral 2 Dr 1
File Cabinet, Lateral 4 Dr 4
File Cabinet, Lateral 5 Dr 4
Flat File Cabinet 1
Glass Case 5
Library Shelving (Double Sided) 267
Library Shelving (Single Sided) 77
Magazine / DVD Rack 14
Refrigerator 1
Rolling Cabinet 1
Shelving/Racks, Medium 3
Sofa / Love Seat 4
Storage Cabinet 2
Stove / Range 1
Student Desk 1
Table, Folding 1
Table, Large 3
Table, Medium 30
Table, Small 6
Miscellaneous Items
Santa Ana Main Library - 1st Floor 9/27/2023
* This inventory is intended to be an approximate list of items to be moved; some items may not be listed. The owner/shipper is encouraged to review this list and notify the estimator if any large or otherwise significant items have been omitted.

City Council 8 – 34 7/16/2024

BURGESS MOVING AND STORAGE

RELOCATION INVENTORY
DEPARTMENT SURVEY DATE:

Description Quantity
Bookcase 8
Cabinet, Large 2
Cabinet, Medium 1
Chair 18
Chair Cart (Full) 5
Chair, Office 56
Chair, Overstuffed 1
Chair, Stacking 85
Credenza 2
Cubicle / Workstation 9
Desk 1
Desk with Return 3
File Cabinet, 2 Dr 4
File Cabinet, 4 Dr 4
File Cabinet, Lateral 3 Dr 3
File Cabinet, Lateral 4 Dr 2
File Cabinet, Lateral 5 Dr 12
Glass Case 1
Hutch 2
Library Shelving (Double Sided) 95
Library Shelving (Single Sided) 15
Locker 4
Panel 6
Podium 2
Refrigerator 1
Shelving/Racks, Large 2
Sofa / Love Seat 4
Table, Conference (Large) 1
Table, Conference (Medium) 1
Table, Folding 4
Table, Large 1
Table, Medium 26
Table, Small 6
Miscellaneous Items
Santa Ana Main Library - 2nd Floor 9/27/2023
* This inventory is intended to be an approximate list of items to be moved; some items may not be listed. The owner/shipper is encouraged to review this list and notify the estimator if any large or otherwise significant items have been omitted.

City Council 8 – 35 7/16/2024

BURGESS MOVING AND STORAGE

RELOCATION INVENTORY
DEPARTMENT SURVEY DATE:

Description Quantity
Bookcase 8
Cabinet, Medium 3
Cart, Book 50
Chair 10
Chair, Office 55
Chair, Overstuffed 6
Desk 9
Desk with Return 13
File Cabinet, 2 Dr 10
File Cabinet, 4 Dr 4
File Cabinet, 5 Dr 2
File Cabinet, Lateral 4 Dr 1
File Cabinet, Lateral 5 Dr 7
File Cabinet, Lateral 6 Dr 3
Flat File Cabinet 3
Hutch 17
Library Shelving (Double Sided) 85
Library Shelving (Single Sided) 62
Locker 3
Panel 25
Rolling Cabinet 1
Shelving/Racks, Medium 2
Storage Cabinet 24
Table, Large 5
Table, Medium 22
Miscellaneous Items
Santa Ana Main Library - Basement 9/27/2023
* This inventory is intended to be an approximate list of items to be moved; some items may not be listed. The owner/shipper is encouraged to review this list and notify the estimator if any large or otherwise significant items have been omitted.

City Council 8 – 36 7/16/2024
October 5, 2023
City of Santa Ana
Santa Ana Public Library
26 Civic Center Plaza
Santa Ana, CA 92701
Attn: Brian Sternberg
(714) 647-5296
[email protected]
QUOTE #20231005NB
Newhope Library Decommissioning Move
Newhope Library
122 North Newhope Street
Santa Ana, CA 92703
Scope:
• Burgess to provide moving labor & equipment to disassemble, move, and dispose of items listed on the attached inventory.
• Quote is based on performing services during normal business hours, 8:00am go 5:00pm, Monday through Friday. Move is expected to take 2-3 days.

Exclusions:
• Quote does not include disposing of office supplies, books, or the contents of cabinets/shelving. It is anticipated that library staff will purge such items prior to the move.

Charges:

Description Charges
Moving Labor & Equipment $9,000.00
Disposal Fees $1,260.00
Total $10,260.00
_________________________________________
Nathan Doyel, Estimator
City Council 8 – 37 7/16/2024

BURGESS MOVING AND STORAGE

RELOCATION INVENTORY
DEPARTMENT SURVEY DATE:

Description Quantity
Bookcase 2
Cart, Book 3
Cart, IT 1
Chair, Office 10
Chair, Stacking 10
File Cabinet, 2 Dr 3
File Cabinet, Lateral 5 Dr 1
Library Shelving (Double Sided) 83
Library Shelving (Single Sided) 60
Locker 4
Magazine Rack 2
Podium 1
Refrigerator 1
Storage Cabinet 3
Miscellaneous Items
Newhope Library 9/27/2023
* This inventory is intended to be an approximate list of items to be moved; some items may not be listed. The owner/shipper is encouraged to review this list and notify the estimator if any large or otherwise significant items have been omitted.

City Council 8 – 38 7/16/2024
EXHIBIT C-1
City Council 8 – 39 7/16/2024
EXHIBIT C-1

COMPENSATION
DESCRIPTION COST ($)
Newhope Library Moving and Disposal Services $39,760
Newhope Library Storage Services (12 months) $21,881
Main Library Moving and Disposal Services $159,702
Main Library Storage Services (24 months) $92,575
Library Cart Rental for 8,000 books/audiovisual (12 months) $0.00 TOTAL $313,918
PRICE/MO AFTER INITIAL TERM COST $
Newhope Library Storage Services $1,823.46
Main Library Storage Services $3,857.31
Library Cart Rental $200.00
City Council 8 – 40 7/16/2024
First Amendment_Inland Moving Storage -

7.16.24 ccm_FINAL_6.11.24
Final Audit Report 2024-06-13
Created: 2024-06-12
By: Ella Sepulveda ([email protected])
Status: Signed
Transaction ID: CBJCHBCAABAA3OJhmFpkkIqurxOId2PknAM5_KmD9JzX "First Amendment_Inland Moving Storage - 7.16.24 ccm_FINAL _6.11.24" History
Document created by Ella Sepulveda ([email protected]) 2024-06-12 - 11:00:58 PM GMT
Document emailed to Brian Sternberg ([email protected]) for signature 2024-06-12 - 11:01:09 PM GMT
Email viewed by Brian Sternberg ([email protected]) 2024-06-12 - 11:18:57 PM GMT
Document e-signed by Brian Sternberg ([email protected]) Signature Date: 2024-06-12 - 11:21:27 PM GMT - Time Source: server Document emailed to Tim Burgess ([email protected]) for signature 2024-06-12 - 11:21:29 PM GMT
Email viewed by Tim Burgess ([email protected]) 2024-06-13 - 0:41:26 AM GMT
Document e-signed by Tim Burgess ([email protected]) Signature Date: 2024-06-13 - 0:44:42 AM GMT - Time Source: server Agreement completed.
2024-06-13 - 0:44:42 AM GMT
City Council 8 – 41 7/16/2024
Library
www.santa-ana.org/library
Item # 9
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
July 16, 2024
TOPIC: Delhi and Newhope Libraries Laptop Kiosks

AGENDA TITLE
Amendments to an Agreement with Java Connections, LLC dba LaptopsAnytime for the Purchase and Installation of a New Laptop Dispenser Kiosk at the Future Delhi Library Branch, along with Hardware Support and Software Licensing for the Delhi Kiosk and Existing Newhope Library Kiosk (General Fund)

RECOMMENDED ACTION
Authorize the City Manager to execute two amendments to an agreement with Java Connections, LLC, dba LaptopsAnytime for the purchase and installation of a laptop dispenser kiosk at the future Delhi Branch Library, hardware support, and software licensing through September 30, 2026 for the Delhi and Newhope kiosks, increasing compensation by $48,924.39, for a total not-to-exceed amount of $76,548.25 (Agreement No. A-2024-XXX and A-2024-XXX)
GOVERNMENT CODE §84308 APPLIES: Yes

DISCUSSION
On December 1, 2020, the City Council approved the purchase of two six-bay laptop dispenser kiosks for the Main Library and Newhope Branch Library. On May 30, 2023, the City Council approved an agreement to upgrade the existing six-bay kiosk at the Main Library to a 12-bay kiosk due to public demand.

The Library now needs to amend the agreement to purchase a 12-bay laptop dispenser kiosk for the new Delhi Branch Library, which is expected to be complete in early 2025.

Additionally, the amendment will include kiosk hardware support and software licensing for the Delhi kiosk and the existing Newhope Library kiosk through September 30, 2026.

Having laptops available will provide Santa Ana youth and their families more opportunities to access the Internet on an electronic device inside the Library. With the self-service kiosks, library patrons are able to borrow laptops for in-house use to work on homework assignments, access the Library’s electronic resources, conduct research over the Internet, or use other software such as Microsoft Office.

City Council 9 – 1 7/16/2024
Delhi and Newhope Library Kiosks
July 16, 2024

Page 2 ends

Upon checkout, the kiosks are able to authenticate patrons’ library accounts through the Library’s integrated library system (ILS) as well as take a photo of the patron using a built-in webcam for security purposes. Once a patron returns the laptop to the kiosk, the system automatically checks in the device, wipes any modifications or information saved by the patron using a software called Deep Freeze, and charges the device so it can be ready for the next checkout.

ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.

FISCAL IMPACT
Funds are available in the current Fiscal Year 2024-2025 as shown below. Any remaining balances not expended at the end of the fiscal year will be presented to City Council for approval of carryovers to FY 2025-26.

Fiscal Year Accounting
Unit-Account #
Fund
Description
Accounting Unit -
Account Description
Amount
FY 2024-2025 01111110-63001 General Fund Library Admin – Misc.

Operating Expenses
$48,924.39

EXHIBIT(S)

1. First Amendment to Kiosk Support Agreement

2. First Amendment to End-User License Agreement
Submitted By: Brian Sternberg, Executive Director of Library Services Approved By: Alvaro Nuñez, Acting City Manager
City Council 9 – 2 7/16/2024

Page 1 of 2 ends

FIRST AMENDMENT TO KIOSK SUPPORT AGREEMENT WITH

JAVA CONNECTIONS LLC DBA LAPTOPSANYTIME

LAPTOP RENTAL KIOSKS FOR THE SANTA ANA LIBRARY
THIS FIRST AMENDMENT to the above-referenced agreement is entered into on July 16, 2024, by and between Java Connections LLC, a Texas corporation dba LaptopsAnytime Contractor ), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ( City ).

RECITALS
A. The parties entered into Agreement No. A-2020-
dated July 1, 2023, for Contractor to provide laptop rental kiosks and related software support services for City Library locations.

B. The Agreement was executed on July 1, 2023 for a term of two (2) years, however, due to initial delays, the parties agreed to an expiration date of September 30, 2026. Therefore, the agreement is in full force and effect until September 30, 2026.

C. he parties
now wish to amend the Agreement to expand the scope and increase compensation.

The Parties therefore agree:

1. Section 1.3, Service Plan, is hereby amended to also include Exhibit A-1 of this First Amendment. The compensation for the additional products and services provided is increased by $48,924.39 for a total not to exceed amount of $76,548.25.

2. Except as modified by this First Amendment, all terms and conditions of the Agreement shall remain in full force and effect.
[signature page follows]
City Council 9 – 3 7/16/2024

Page 2 of 2 ends

SIGNATURE PAGE FOR

FIRST AMENDMENT TO KIOSK SUPPORT AGREEMENT WITH

JAVA CONNECTIONS LLC DBA LAPTOPSANYTIME

LAPTOP RENTAL KIOSKS FOR THE SANTA ANA LIBRARY
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first written above.

Jennifer L. Hall Alvaro Nuñez
City Clerk Acting City Manager

APPROVED AS TO FORM CONTRACTOR
SONIA R. CARVALHO, City Attorney
By:____________________________
Brandon Salvatierra Name:

Deputy City Attorney Title:

RECOMMENDED FOR APPROVAL
______________________________ Brain Sternberg
Executive Director
Library Services Agency
Jonathan Ruttenberg (Jul 1, 2024 10:33 PDT)
Jonathan Ruttenberg Jonathan Ruttenberg VP
City Council 9 – 4 7/16/2024
EXHIBIT A-1
City Council 9 – 5 7/16/2024
Thank you for your business.
17304 Preston Road, Suite 800
Dallas, TX 75252
(614) 579-3057
[email protected]
www.laptopsanytime.com
Quote
Lynn Nguyen
City of Santa Ana - Santa Ana
Public Library
26 Civic Center Plaza
Santa Ana, CA 92701
Lynn Nguyen
City of Santa Ana - Santa Ana
Public Library
26 Civic Center Plaza
Santa Ana, CA 92701
4644
05/13/2024
08/16/2024
NC

ACTIVITY QTY RATE AMOUNT
12-Bay Host Station 30"w x 29"d x 60"h set for compatible laptops (to be specified at time of order placement). RFID 4.0 Technology. Includes Web Camera to take photo of every person checking out device.

Touchscreen Monitor. Bar Code or Swipe Card Reader (to be specified at time of order placement). Note: devices furnished by customer. 1 24,950.00 24,950.00T
Annual Hardware Service Agreement. Cost based on total hardware purchase. Platinum Plus - 15%. (Platinum Plus provides Free SMART Bay Upgrades Once Every 3 Years). Price: $3,742.50/yr. $311.88/mos.

This line-item is pro-rated from January 1, 2025 through September 30, 2026.
21 311.88 6,549.48T
Annual Software Licensing Agreement per Host Station ($1000 per each Host of 6 or fewer devices plus $800 for each additional 6 devices). $1,800.00 (One (1) - 12-Bay Kiosk).Price: $1,800.00/yr. $150.00/mos.

This line-item is pro-rated from January 1, 2025 through September 30, 2026.
21 150.00 3,150.00T
Faronics Deep Freeze Licenses. Cost up to $50/license. Waived. Up to 12 licenses.
12 0.00 0.00T
On-Site Assistance with Installation and Training. $1,500. This is for the Delhi Branch.
1 1,500.00 1,500.00T
Custom Wooden Crate (1 per Kiosk). $700/Crate. Price Waived for Platinum Plus.
1 0.00 0.00T
Prepay and Add Shipping (1 per Crate). $800/Crate. Price Waived for Platinum Plus.
1 0.00 0.00T
Renewal Annual Hardware Service Agreement. Cost based on total 28 174.38 4,882.64T
City Council 9 – 6 7/16/2024
Thank you for your business.

ACTIVITY QTY RATE AMOUNT
hardware purchase. Platinum Plus - 15%. (Platinum Plus provides Free SMART Bay Upgrades Once Every 3 Years). Unit 1 (6-Bay) Price:
$2,092.50/yr. $174.38/month. This Kiosk is currently paid through May 31, 2024. This line-item will be pro-rated June 1, 2024 through September 30, 2026
Renewal Annual Software Licensing Agreement per Host Station ($1000 per each Host of 6 or fewer devices plus $800 for each additional 6 devices). Unit 1 (6-Bay) Price: $1,000.00/yr. $83.33/month. This Kiosk is currently paid through May 31, 2024. This line-item will be pro-rated June 1, 2024 through September 30, 2026. Note: Since this Kiosk will be out of operation from December 2024-June 2025, the Annual Software License Fee will be waived for these seven (7) months.
21 83.33 1,749.93T
On-Site Assistance with re-installing Kiosks at the Main and New Hope Libraries, respectively.
2 1,000.00 2,000.00T
Note: This 12-Bay Kiosk is scheduled to be at the Delhi Branch Library. T Note: With the payment of this Quote and in turn Invoice, the Annual Software and Hardware Maintenance will be on the same cycle as the existing 6-Bay and 12-Bay already at Santa Ana. In summer 2026, a renewal for the Annual Software and Hardware Maintenance will be sent for all of the Kiosks.

T
Note: The existing 12-Bay Kiosk at the Main Library is scheduled to be out of operation from July 2024 through April 2026 due to upcoming renovations. This Kiosk is currently paid through September 30, 2026. In fall 2026, when the Annual Software and Hardware Maintenance is sent out for all three (3) Kiosks, a credit will be given for the Annual Software amount for Main Kiosk. The Annual Hardware Maintenance amount will remain the same.

T
* At time of PO, we request 50% Down-Payment with the
remaining balance paid Net 30.
* Please ship one device and all power bricks to our facility in Hayward, CA to facilitate Kiosk Set-up prior to shipping.

SUBTOTAL 44,782.05
TAX (9.25%) 4,142.34
TOTAL
Accepted By Accepted Date
City Council 9 – 7 7/16/2024

JAVA CONNECTIONS LLC DBA LAPTOPS
ANYTIME_First Amendment to Kiosk Support
Agreement_signature required
Final Audit Report 2024-07-01
Created: 2024-07-01
By: Ella Sepulveda ([email protected])
Status: Signed
Transaction ID: CBJCHBCAABAAGoSoHsh-OISbuoNzSmrxSLczumlACvWx "JAVA CONNECTIONS LLC DBA LAPTOPS ANYTIME_First A
mendment to Kiosk Support Agreement_signature required" Hist ory
Document created by Ella Sepulveda ([email protected]) 2024-07-01 - 5:19:13 PM GMT
Document emailed to Abigail Ruttenberg ([email protected]) for signature 2024-07-01 - 5:19:18 PM GMT
Email viewed by Abigail Ruttenberg ([email protected]) 2024-07-01 - 5:33:09 PM GMT
Signer Abigail Ruttenberg ([email protected]) entered name at signing as Jonathan Ruttenberg 2024-07-01 - 5:33:28 PM GMT
Document e-signed by Jonathan Ruttenberg ([email protected]) Signature Date: 2024-07-01 - 5:33:30 PM GMT - Time Source: server Agreement completed.
2024-07-01 - 5:33:30 PM GMT
City Council 9 – 8 7/16/2024

Page 1 of 2 ends

FIRST AMENDMENT TO END-USER LICENSE AGREEMENT WITH

JAVA CONNECTIONS LLC DBA LAPTOPSANYTIME

RECITALS
A. The parties entered into Agreement No. A-2020-249BB End-User License dated July 1, 2023, for Contractor to provide laptop rental kiosks and related software support services for City Library locations.

B. The Agreement is in full force and effect so long as City operates Contractor s kiosk(s).

C. Because he parties
now wish to amend the Agreement to expand the scope.

The Parties therefore agree:

1. Section 1.1, Scope of Use, is hereby amended to also include Exhibit A-1 of this First Amendment.

2. Except as modified by this First Amendment, all terms and conditions of the Agreement shall remain in full force and effect.
[signature page follows]
City Council 9 – 9 7/16/2024

Page 2 of 2 ends

SIGNATURE PAGE FOR

FIRST AMENDMENT TO END-USER LICENSE AGREEMENT WITH

JAVA CONNECTIONS LLC DBA LAPTOPSANYTIME

LAPTOP RENTAL KIOSKS FOR THE SANTA ANA LIBRARY
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first written above.

Jennifer L. Hall Alvaro Nuñez
City Clerk Acting City Manager

APPROVED AS TO FORM CONTRACTOR
SONIA R. CARVALHO, City Attorney
By:____________________________
Brandon Salvatierra Name:

Deputy City Attorney Title:

RECOMMENDED FOR APPROVAL
______________________________ Brain Sternberg
Executive Director
Library Services Agency
Jonathan Ruttenberg (Jul 1, 2024 10:32 PDT)
Jonathan Ruttenberg Jonathan Ruttenberg VP
City Council 9 – 10 7/16/2024
EXHIBIT A-1
City Council 9 – 11 7/16/2024
Thank you for your business.
17304 Preston Road, Suite 800
Dallas, TX 75252
(614) 579-3057
[email protected]
www.laptopsanytime.com
Quote
Lynn Nguyen
City of Santa Ana - Santa Ana
Public Library
26 Civic Center Plaza
Santa Ana, CA 92701
Lynn Nguyen
City of Santa Ana - Santa Ana
Public Library
26 Civic Center Plaza
Santa Ana, CA 92701
4644
05/13/2024
08/16/2024
NC

SUBTOTAL 44,782.05
TAX (9.25%) 4,142.34
TOTAL
Accepted By Accepted Date
City Council 9 – 13 7/16/2024

JAVA CONNECTIONS LLC DBA LAPTOPS
ANYTIME_First Amendment to EULA_signature
required
Final Audit Report 2024-07-01
Created: 2024-07-01
By: Ella Sepulveda ([email protected])
Status: Signed
Transaction ID: CBJCHBCAABAAuFWDurFRLu3Qb63HzB7eEApNfm1-U6bD "JAVA CONNECTIONS LLC DBA LAPTOPS ANYTIME_First A
mendment to EULA_signature required" History
Document created by Ella Sepulveda ([email protected]) 2024-07-01 - 5:17:52 PM GMT
Document emailed to Abigail Ruttenberg ([email protected]) for signature 2024-07-01 - 5:17:58 PM GMT
Email viewed by Abigail Ruttenberg ([email protected]) 2024-07-01 - 5:31:58 PM GMT
Signer Abigail Ruttenberg ([email protected]) entered name at signing as Jonathan Ruttenberg 2024-07-01 - 5:32:49 PM GMT
Document e-signed by Jonathan Ruttenberg ([email protected]) Signature Date: 2024-07-01 - 5:32:51 PM GMT - Time Source: server Agreement completed.
2024-07-01 - 5:32:51 PM GMT
City Council 9 – 14 7/16/2024
Human Resources
www.santa-ana.org/human-resources
Item # 10
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
July 16, 2024
TOPIC: Approve Agreements for Court Reporting and Transcription Services

AGENDA TITLE
Aggregate Agreements for Court Reporting and Transcription Services with Kennedy Court Reporters, Inc. and Regal Court Reporting, Inc. in an Aggregate Amount Not to Exceed $250,000 (Specification No. 24-034) (General Fund)

RECOMMENDED ACTION
Authorize the City Manager to execute aggregate agreements with Kennedy Court Reporters, Inc. and Regal Court Reporting, Inc. to provide court reporting and transcription services for a three-year term beginning July 16, 2024 and ending July 15, 2027, with provisions for two, one-year extensions, in an amount not to exceed $250,000 (Core Agreement No. A-2024-XXX).

GOVERNMENT CODE §84308 APPLIES: Yes
Yes

DISCUSSION
The City maintains continued need for ongoing court reporting and transcription services. These agreements will provide the Human Resources Department with the necessary resources to efficiently meet the expanded court reporting and transcription needs of the City's administrative hearings, including, but not limited to, Personnel Board hearings on an as needed-basis.

Staff recommends approval of the agreements to provide court reporting and transcription services in an efficient manner, on an as needed-basis by the City. This on-call service agreement does not guarantee work for the vendor.

The Request for Proposals (RFP) No. 24-034 was issued on February 29, 2024, on the City’s online bid management and publication system. A summary of vendor participation and results is as follows:
185 Vendors notified
18 Santa Ana vendors notified
19 Vendors downloaded the RFP packet
2 Proposals received
2 Proposals received from Santa Ana
vendors City Council 10 – 1 7/16/2024
Approve Agreements for Court Reporting and Transcription Services July 16, 2024

Page 2 ends

Proposals were solicited, opened on March 21, 2024, and evaluated. Two proposals were submitted by the RFP deadline and both were determined to be responsible, responsive to the specifications, and met the City’s requirements. The evaluation committee reviewed and rated the proposals according to the criteria listed in the RFP. Based on the criteria outlined in the RFP, the following summarizes the responding firms and their rankings:

Firm Location Rank
Kennedy Court Reporters, Inc. Santa Ana, CA 1
Regal Court Reporting, Inc. Santa Ana, CA 2
Staff recommends awarding agreements to both ranked firms based on the City’s projected needs. The proposals submitted by these firms demonstrated they have the necessary capacity and expertise to provide court reporting and transcription services as specified in the RFP. Additionally, the firms’ rates are reasonable and within industry standard, and the proposals were determined to provide the best overall value for the City.

ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.

FISCAL IMPACT
The estimated expenditures below are strictly approximations; contract authority may be paid in its entirety during any given fiscal year, expended throughout the term of the contract, or not spent at all. Moreover, any contract services and associated expenditures are subject to available funding in the Human Resources Department budget.

Funds for the agreements for court reporting and transcription services are budgeted and available in the Human Resources Services, Contract ServicesProfessional expenditure account (no. 01109050-62300) for FY 2024-25 and funding for subsequent fiscal years will be included in the proposed budgets for City Council consideration. This on-call service agreement does not guarantee work for the vendor.

Fiscal
Year
Accounting Unit
- Account No.

Fund Description Accounting Unit,
Account Description Amount
FY 24-25 01109050-
62300
General Fund
Human Resources
Serv. Contract
Professional
$50,000.00
FY 25-26 01109050-
62300
General Fund
Human Resources
Serv. Contract
Professional
$50,000.00
City Council 10 – 2 7/16/2024
Approve Agreements for Court Reporting and Transcription Services July 16, 2024

Page 3 ends

FY 26-27 01109050-
62300
General Fund
Human Resources
Serv. Contract
Professional
$50,000.00
FY 27-28 01109050-
62300
General Fund
Human Resources
Serv. Contract
Professional
$50,000.00
FY 28-29 01109050-
62300
General Fund
Human Resources
Serv. Contract
Professional
$50,000.00
Total $250,000.00
EXHIBIT{S)

1. Agreement with Kennedy Court Reporters, Inc.

2. Agreement with Regal Court Reporting, Inc.

Submitted By: Lori Schnaider, Executive Director of Human Resources Approved By: Alvaro Nuñez, Acting City Manager
City Council 10 – 3 7/16/2024
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Page 1 of 9 ends

CONSULTANT AGREEMENT BEWTEEN REGAL COURT REPORTING, INC. AND

THE CITY OF SANTA ANA FOR COURT REPORTING

AND TRANSCRIPTION SERVICES
THIS AGREEMENT is made and entered into on this 16
th day of July, 2024, by and between
Regal Court Reporting, 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 February 29, 2024, the City issued Request for Proposal (“RFP”) No. 24-034 seeking to retain a consultant having special skill and knowledge in the field of court reporting and transcription services for the City’s Human Resources Department.

B. Consultant submitted a responsive proposal that was selected by the City. Consultant represents that it is able and willing to provide such services described in the Scope of Work that was included in RFP No. 24-034.

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 in the “Scope of Services,” attached hereto and incorporated herein by reference as Exhibit A, and as further described in “Consultant’s Proposal,” attached hereto and incorporated herein by reference as Exhibit B.

2. COMPENSATION
a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. Consultant shall be paid only for actual services performed under this Agreement at the rates and charges identified in “Consultant’s Fee Proposal,” attached hereto and incorporated herein by this reference as Exhibit C.

Consultant is one of two (2) separate consultants selected to provide services on an oncall basis under RFP 24-034. The total compensation for services provided by all consultants selected under RFP 24-034 shall not exceed the shared aggregate amount of $250,000.00 during the term of this Agreement, including any extension periods, as set forth in Section 3, below.

City Council 10 – 47 7/16/2024

Page 2 of 9 ends

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 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 July 16, 2024 and terminate on July 15, 2027, with the option for the City to grant up to two (2), one (1) year extensions, 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 contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes.

5. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents & Data”). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement.

Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.

City Council 10 – 48 7/16/2024

Page 3 of 9 ends

6. INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall also require any subcontractors, to obtain and maintain insurance as described below for the entire Term of this Agreement against claims for injuries to persons or damage to property which may arise from or in connection with services, products and materials supplied to City. Total cost of such insurance shall be borne by Consultant.

Minimum Scope and Limit of Insurance:
• Commercial General Liability (CGL): Insurance Services Office Form CG 00 01covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence and $2,000,000 aggregate. Required policy limits can be met with primary and umbrella/excess insurance policies. • Automobile Liability: Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with limits no less than $1,000,000 combined single limits. • 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, policy or employee, for bodily injury or disease.
• Professional Liability Insurance: with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 aggregate.
• If Consultant maintains broader coverage and/or higher limits than the minimum requirements for each line of coverage shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.

Other Insurance Provisions. The above required insurance policies are to contain or be endorsed to contain the following provisions:
• City, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds, under Consultant’s CGL, Professional Liability, and Automobile Liability policies, with respect to any liability arising out of work or operations performed by or on behalf of the Instructor including materials, parts, equipment, and personnel furnished in connection with such work or operations. • Consultant’s Insurance company(ies) agrees to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from work performed by Consultant under this Agreement.
• For any claims related to this contract, Consultant’s insurance coverage shall be primary and any insurance maintained by City, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it. • A severability of interest provision must apply for all the additional insureds, ensuring that Consultant’s insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer’s limits of liability.

City Council 10 – 49 7/16/2024

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• Insurance policies required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non-renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City. Ten (10) days prior written notice shall be provided to City for policy cancellation or non-renewal due to non-payment of premium.
• Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, 20 Civic Center Plaza, Santa Ana, CA 92701. The name and location of project must be included in the Description of Operations section of each certificate.

Acceptability of Insurers. Insurance is to be placed with insurers authorized to conduct business in the State of California with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to City.

Verification of Coverage. Consultant shall furnish 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 before work begins.

However, failure to obtain the required documents prior to the work beginning shall not waive Consultant’s obligation to provide them. 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 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 City Council 10 – 50 7/16/2024

Page 5 of 9 ends

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.

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.

City Council 10 – 51 7/16/2024

Page 6 of 9 ends

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 Contractors 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 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.

City Council 10 – 52 7/16/2024

Page 7 of 9 ends

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, California 92702-1988
Fax: 714- 647-6956
With courtesy copies to:

Executive Director, Human Resources
City of Santa Ana
City Council 10 – 53 7/16/2024

Page 8 of 9 ends

20 Civic Center Plaza
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.
[signatures on following page]
Isaiah Leslie
Co-Founder
Regal Court Reporting, Inc.
1551 N. Tustin Ave., Suite 750
Santa Ana, California 92705
City Council 10 – 54 7/16/2024
City Council 10 – 55 7/16/2024

EXHIBIT A

SCOPE OF SERVICES
City Council 10 – 56 7/16/2024

CITY OF SANTA ANA
Proposer(s) shall perform the services as set forth below.

A. General Description
The City of Santa Ana (“City”) seeks proposals from court reporting agencies to provide court reporting and transcription services for the City of Santa Ana Personnel Board (Board) Hearings.

The Board hears employee appeals regarding discipline. The Board’s appellate review is a full evidentiary hearing wherein the Board applies its indepentdent judgement to the law, the facts, and to the arguments presented in each case. The Personnel Board meets as needed to hear these appeals. Presently, hearings are conducted in person in the evenings, and are scheduled as needed.

The scope of work includes, but is not limited to, the following court reporting services during hearings:

B. Availability
Selected firms must have the sufficient staff to provide the City with court reporters during evening hours.

C. Certified Reporter
Selected firms must provide certified shorthand reporters (“CSRs”). The CSRs must be able to provide proof of their certification prior to the hearing for which they are providing services.

D. Professional Ability
CSRs, provided by selected firms, must be able to accurately keep pace with all persons speaking during hearings and accurately identify the parties speaking. CSRs must be equipped to provide real-time services and recounts during hearings.

E. Promptness
CSRs, provided by selected firms, must be on time for all hearing proceedings. Specifically, CSRs must plan to be present, in the location of the hearing (with all necessary equipment setup), no less than 10 minutes before the scheduled start time of the hearing.

F. Confirmation of Appointment
Selected firms must notify the City of the placement of the CSR three business days prior to the scheduled hearing date. If the firm cannot place a CSR they must communicate with the City until they receive acknowledgement that a CSR was not scheduled for the hearing.

G. Completed Transcript – Certified Copy and Original – Sealed Copy The firm shall provide an electronic copy within 14 calendar days. As such, the selected firm agrees to hold a copy of the transcript for a minimum of one year after the conclusion of the hearing. A completed transcript must include: (1) certification of original transcript and one copy; (2) condensed transcript (“mini”); and (3) word index. The original transcript must be delivered to the requesting agency no later than 14 calendar days from when it is prepared.

EXHIBIT I

SCOPE OF SERVICES
City of
City Council
Santa Ana RFP 24-034
10 – 57 7/16/2024

Page 17 of 34 ends

CITY OF SANTA ANA
H. Format of Transcripts
All hearing transcripts shall be prepared and submitted to the City in PDF format, or if requested on 25-line numbered paper. All hearing transcripts shall be proofread and free of spelling errors prior to submission to the City and should include the CSR’s signed certification page. Each hearing exhibit shall have a unique and sequential exhibit name or number.

I. Expedited and/or Rough Transcripts
When requested, selected firms must provide an expedited rough transcript within as little as 24 hours, up to one week..

J. Invoices for Services
Selected firms must prepare an invoice for each hearing conducted in accordance with Exhibit II of the Professional Services Agreement. For expedited work, the invoice must state the name of the person who made the request, time and date of the expedited request. In addition, all invoices must state the date of the hearing, the name of the Personnel Board Secretary, the property address, Personnel Board case number and the appellant’s name.

K. Reproduction Activity
Selected firms must have the ability to reproduce photos, drawings, charts, and graphs used in hearings. The firm must safeguard original exhibits provided by the hearing secretary so as to return them in their original condition and sequences.

L. Billing
The City shall not pay for costs that do not comply with the fee schedule listed on Attachment A2. Services for which there is no additional charge are specified below:

Services for which there is no additional charge include, but may not be limited to, the following:
a. Handling, processing or administrative fees
b. Certification fees
c. Parking
d. Delivery of certified, expedited transcript via email e. Word indexing (included in per page transcript fee)
f. Attachment and handling of original exhibits (but not scanning or copying) g. Notary fee
h. Wait time less than 30 minutes
i. Travel time
j. Mileage
k. Administration of oath
l. Telephone or Zoom reporting
m. Cancellation of court reporter and or videographer services up until 4:00PM the day before a scheduled assignment
City of
City Council
Santa Ana RFP 24-034
10 – 58 7/16/2024

Page 18 of 34 ends

EXHIBIT B
CONSULTANT’S PROPOSAL
City Council 10 – 59 7/16/2024
1551 N. Tustin Ave, Ste 750, Santa Ana, CA 92705 l Phone: 866.228.2685 l www.regalcourtreporting.com March 26, 2024
Lori Schnaider, Human Resources Operations Manager
City of Santa Ana – Human Resources
20 Civic Center Plaza
Santa Ana, CA 92701
Dear Ms. Schnaider:

Regal Court Reporting, Inc. is honored to present our enclosed comprehensive proposal in response to the City of Santa Ana’s RFP for Court Reporter & Transcription Services, per Invitation #24-034.

Founded in 2007 by my wife, Stephanie Leslie, and myself, Regal Court Reporting is a certified shorthand reporter-owned and operated agency that has steadfastly upheld the values and integrity of a family-owned enterprise in an industry landscape increasingly dominated by large, impersonal corporations. Our founding ethos is rooted in providing unparalleled, client-centric services, where each engagement is approached with a personalized touch, mirroring the care and attention to detail that is emblematic of our family-run business.

We are acutely aware of the pivotal role that a proficient and dependable court reporter plays. It is with this understanding that we extend our proposal, aspiring to become an integral partner to the City of Santa Ana in this vital capacity.

We sincerely appreciate the opportunity to present our proposal. We are at your disposal for any further information or discussions that may be required in its evaluation.

Thank you for considering Regal Court Reporting, Inc. as your partner in court reporting and transcription services. We are eager to contribute our expertise and services to the City of Santa Ana.

Very truly yours,
Isaiah Leslie, Co-Founder
Regal Court Reporting, Inc.
[email protected]
City Council 10 – 60 7/16/2024
1551 N. Tustin Ave, Ste 750, Santa Ana, CA 92705 l Phone: 866.228.2685 l www.regalcourtreporting.com Table of Contents
SERVICES PROVIDED................................................................................................................................................. 3 CONSULTANT AGREEMENT .................................................................................................................................... 5 FIRM AND TEAM EXPERIENCE .............................................................................................................................. 15 Resume of Isaiah Leslie, Co-Founder ....................................................................................................................16 Resume of Stephanie Leslie, Co-Founder and CEO ..............................................................................................18 PROPOSED WORK PLAN ..........................................................................................................................................19

ATTACHMENTS
Attachment A-1, Proposer’s Certification .............................................................................................................21 Attachment A-2, Fee Schedule ..............................................................................................................................22 Attachment B, References .....................................................................................................................................23 Attachment C, Proposer’s Statement .....................................................................................................................25 Attachment D, Non-Collusion Affidavit ................................................................................................................26 Attachment E, Non-Lobbying Certification ..........................................................................................................27 Attachment F, Non-Descrimination Certification ..................................................................................................28 City Council 10 – 61 7/16/2024
1551 N. Tustin Ave, Ste 750, Santa Ana, CA 92705 l Phone: 866.228.2685 l www.regalcourtreporting.com

SERVICES PROVIDED
A. General Description
Regal Court Reporting, Inc. (“Regal”) shall provide the City of Santa Ana (“City”) with Certified Shorthand Reporters (“CSRs”) for the City’s Personnel Board Hearings.

B. Availability of Certified Shorthand Reporters
Regal acknowledges the essential need for court reporting services during evening hours. Regal has a robust team of CSRs who are flexible and available for scheduling during the evening hours as required by the City. Further, Regal’s CSRs will be able to provide proof of their certification prior to the hearing for which they are providing services, and will be equipped to provide realtime services and recounts during hearings. Regal shall also instruct all CSRs to plan to be present in the location of the hearing (with all necessary equipment set up), no less than ten (10) minutes before the scheduled start time.

C. Confirmation of Appointment
Regal shall notify the City of the placement of the CSR three (3) business days prior to the scheduled hearing date. If Regal cannot place a CSR, they shall communicate with the City until they receive acknowledgement that a CSR was not scheduled for the hearing.

D. Completed Transcript – Certified Copy and Original – Sealed Copy Regal shall provide electronic copies of transcripts of proceedings within 14 calendar days of the proceeding date. As such, Regal agrees to hold a copy of the transcript for a minimum of one (1) year after the conclusion of the hearing.

The transcript shall include: (1) certification of original transcript and one copy; (2) condensed transcript (“mini”); and (3) word index. The original transcript shall be delivered to the requesting agency no later than 14 calendar days from when it is prepared.

City Council 10 – 62 7/16/2024
1551 N. Tustin Ave, Ste 750, Santa Ana, CA 92705 l Phone: 866.228.2685 l www.regalcourtreporting.com E. Format of Transcripts
Regal shall provide all hearing transcripts to the City in PDF format, or if requested, on 25-line numbered paper. All hearing transcripts shall go through Regal’s rigorous Quality Control process prior to submission to the City, and shall include the CSR’s signed certification page.

Further, each hearing exhibit shall have a unique and sequential exhibit name or number.

F. Expedited and/or Rough Transcripts
When requested, Regal shall provide an expedited rough transcript within as little as 24 hours, up to one week.

G. Invoices for Services
Regal shall prepare an invoice for each hearing conducted. For expedited work, the invoice shall state the name of the person who made the request, as well as the time and date of the expedited request. In addition, all invoices shall state the date of the hearing, the name of the Personnel Board Secretary, the property address, Personnel Board case number and the appellant’s name.

H. Reproduction Activity
Regal has the ability to reproduce photos, drawings, charts, and graphs used in hearings. Regal shall safeguard original exhibits provided by the hearing secretary so as to return them in their original condition and sequences.

City Council 10 – 63 7/16/2024
1551 N. Tustin Ave, Ste 750, Santa Ana, CA 92705 l Phone: 866.228.2685 l www.regalcourtreporting.com

FIRM AND TEAM EXPERIENCE
i. Regal Court Reporting, Inc. is a certified shorthand reporter-owned and operated agency founded in 2007 by Isaiah and Stephanie Leslie. Stephanie's experience as a CSR and Isaiah’s experience in sales and marketing form the foundation of Regal’s distinctive identity – a court reporting agency dedicated to fulfilling the comprehensive needs of any client, with the personalized touch and care inherent in a family-owned business.

Regal prides itself in having built a team that exemplifies an unwavering commitment to delivering excellence and integrity. With 16 on staff and hundreds of court reporters in its network, Regal keeps an eye to the future, constantly striving to expand its clientele while making sure to maintain a staff robust enough to protect and enhance the customer experience.
ii. Regal Court Reporting, Inc., is headquartered at 1551 N. Tustin Avenue, Suite 750, Santa Ana, CA 92705, conveniently located near the office of the City of Santa Ana. iii. Project Manager / Principal Agent:

Stephanie Leslie, Co-Founder
[email protected]
(866) 228-2685
iv. Resumes attached herewith.

City Council 10 – 64 7/16/2024
Isaiah Leslie
Santa Ana, California, United States
[email protected] 714-474-3606
linkedin.com/in/isaiahleslie
Summary
As a co-founder of Regal Court Reporting, I have been providing court reporting and litigation support services to AM 100 law firms, In-house and municipal organizations for over 17 years. My mission is to make depositions, arbitrations, hearings, public meetings and trials easier with our customized service, which includes court reporting, videography, interpreting, realtime, remote depositions, online depository, online scheduling, and trial technology.

I am also an entrepreneur and a producer with 9 years of experience in video production and documentaries. I cofounded Regality Media, a production company that specializes in documentaries, commercials, branded content, and production services. I am currently working on a feature-length sports documentary, Wild About '88, The Rise of Arizona Wildcats basketball, and looking for a corporate or media partner to help finance post-production and distribution. I have a BA in Political Science from the University of Southern California and have published several articles on topics such as the California court system, the San Onofre Nuclear Generation Station, and the Irvine Ranch Water District.

Experience
Co-Founder
Regal Court Reporting, Inc.

Jun 2007 - Present (16 years 10 months)
We provide court reporting and litigation support services from the point of discovery through to the end of trial. We are big enough to deliver on all almost every service along the way, whether it's court reporting (in depositions or trial), videography (including site inspections and independent medical exams), interpreting, realtime, remote depositions, online depository, online scheduling or Trial Technology. We're not a corporate corporation with multiple levels of phone trees and staff. When you call us, you get the person you need to speak with in the right department, the first call, every time.

President
Regality Media
Jan 2014 - Present (10 years 3 months)
Regality Media is a production company specializing in documentaries, commercials, branded content, and production services. Whether you are a creative agency embarking on a new campaign, a company with a product to promote, or a fellow filmmaker in need of support, we can help. We utilize both in- house talent, and a wide network of film professionals to help our clients tackle projects of any size. At Regality, “cinematic” is more than just an aesthetic buzzword. It’s a holistic philosophy that puts equal emphasis on both style and substance. Our award winning work has been highlighted by The Orange County Business Journal, The Arizona Daily Star, as well as on TV and radio.

Producer
Waterfoot Films LLC
City Council Isaiah Leslie - page 10 – 165 7/16/2024
Apr 2014 - Present (10 years)
Promotion and distribution of The Invisible Man, a five-part web-series. Development of future projects, content and distribution channels.

Account Manager
Chemcentral
Nov 2003 - Jul 2005 (1 year 9 months)
Account Manager, Sales & Marketing, Development of new sales Sales Specialist
The Seal Beach Sun Newspaper
Mar 2002 - Nov 2003 (1 year 9 months)
Managed the Classifieds, Service and Legal Directory, Wrote several Op-Ed pieces, conducted on-thestreet interviews Education
University of Southern California
BA, Political Science
1996 - 2002
Political Science
Skills
Leadership • Management • Business Development • Litigation Support • Wedding Officiant • Depositions • Court Reporting • Training
City Council Isaiah Leslie - page 10 – 266 7/16/2024
Stephanie Leslie
1622 North Dressage Street, Orange, California 92869 | (714) 904-5969 | [email protected] Experience
OWNER / CEO | REGAL COURT REPORTING | JULY 2007 ‐ PRESENT · Recruit, hire, train certified stenographers
· Management of quality control – transcript production · Preparation of employee payroll
· Licensed stenographer reporting depositions, arbitrations, public meetings, and court proceedings FREELANCE STENOGRAPHER | JILIO VERITEXT, SARNOFF | SEPTEMBER 2004 – JUNE 2008 · Purchased and managed court reporting equipment
· Traveled to various locations as requested to swear in witnesses and report testimony stenographically · Edited, proofread, and produced final transcripts of testimony as requested by agency and their clients Education
ASSOCIATE OF ARTS | MAY 2002 | FLORIDA COLLEGE, TEMPLE TERRACE, FLORIDA CERTIFICATE OF COURT REPORTING | JULY 2004 | SOUTH COAST COLLEGE, ORANGE,

CALIFORNIA
Additional Certifications
· Registered Professional Reporter (RPR) from National Court Reporters Association · Certified Realtime Reporter (CRR) from National Court Reporters Association · California Certified Realtime Reporter (CCRR) from California Deposition Reporters Association Skills & Abilities
· Excellent interpersonal and communication skills
· Poised under pressure
· Detail oriented
· Task oriented
· Reliable with deadlines
Activities and Interests
Outdoors, traveling, church activities
City Council 10 – 67 7/16/2024
1551 N. Tustin Ave, Ste 750, Santa Ana, CA 92705 l Phone: 866.228.2685 l www.regalcourtreporting.com

PROPOSED WORK PLAN
i. Upon receiving a scheduling request from the City of Santa Ana (“City”), Regal Court Reporting, Inc. (“Regal”) shall immediately add each request to calendar. ii. Two weeks in advance of the hearing date, Regal shall reach out to its network of Certified Shorthand Reporters (“CSRs”) to secure coverage. iii. Regal shall notify the City of the placement of the CSR three business days prior to the scheduled hearing date. If Regal cannot place a CSR, they shall communicate with the City until they receive acknowledgement that a CSR was not scheduled for the hearing. iv. Regal shall instruct the CSRs to be present at the location of the hearing, with all necessary equipment set up, no less than 10 minutes before the scheduled start time. v. When requested, Regal shall provide an expedited rough transcript within as little as 24 hours, up to one week.
vi. Regal shall send reminders to CSRs at 10 and 12 calendar days to ensure timely delivery of transcripts.
vii. Upon receiving transcripts from CSRs, said transcripts will be subject to Regal’s rigorous Quality Control protocol to verify accurate speaker identification and spellings, and revisions shall be requested from CSRs as needed.
viii. Regal shall reproduce photos, drawings, charts, and graphs used in hearings, and safeguard original exhibits provided by the hearing secretary so as to return them in their original condition and sequences.
ix. Regal shall provide electronic copies of Q/C’d transcripts within 14 calendar days of the proceeding date. As such, Regal agrees to hold a copy of the transcript for a minimum of one (1) year after the conclusion of the hearing.

All transcripts will be produced and provided to the City in PDF format, or if requested, on 25-line numbered paper. All hearing transcripts shall include the CSR’s signed City Council 10 – 68 7/16/2024
1551 N. Tustin Ave, Ste 750, Santa Ana, CA 92705 l Phone: 866.228.2685 l www.regalcourtreporting.com certification page, and each hearing exhibit shall have a unique and sequential exhibit name or number.
x. Within one or two days of transcript production, Regal shall prepare an invoice for each hearing conducted. For expedited work, the invoice shall state the name of the person who made the request, as well as the time and date of the expedited request. In addition, all invoices shall state the date of the hearing, the name of the Personnel Board Secretary, the property address, Personnel Board case number and the appellant’s name.

City Council 10 – 69 7/16/2024
City Council 10 – 70 7/16/2024

CITY OF SANTA ANA

ATTACHMENT B

REFERENCES
City of Santa Ana
City Council
RFP 24-034
10 – 71 7/16/2024

Page 28 of 34 ends

CITY OF SANTA ANA
List and describe fully the contracts performed by your firm which demonstrate your ability to provide the supplies, equipment or services included in the scope of the proposal specifications. Attach additional pages if required. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications.

REFERENCE
Customer Name:_City of Huntington Beach - City Attorney's Office_ Contact Individual: _Chris Keleman______________________________________________________ Address: __2000 Main Street, 4th Floor________Phone Number: _714-536-5555_________________ __Huntington Beach, CA 92648_____EMAIL:[email protected]_________________ Contract Amount: _$10,000________________Year: _2023_________________________________ Description of supplies, equipment, or services provided:

Court reporter and transcription services__________________________________________________

REFERENCE
Customer Name:_City of Anaheim___________Contact Individual: _Ariana Hernandez_____________ Address: _200 S. Anaheim Blvd, Ste 620_______Phone Number: __714-765-5110________________ _Anaheim, CA 92805______________ EMAIL: [email protected]____________ Contract Amount: _$5,000__________________Year: __2023________________________________ Description of supplies, equipment, or services provided:
_Court reporter and transcription services_________________________________________________

REFERENCE
Customer Name:_32nd District Agricultural Association, State of California______________________ Contact Individual: __Summer Angus____________________________________________________ Address: __88 Fair Drive____________________Phone Number: __714-708-1514________________ __Costa Mesa, CA 92626___________EMAIL: [email protected]__________________ Contract Amount: __$49,000________________Year: _2020 - 2022___________________________ Description of supplies, equipment, or services provided:

Provided court reporters for Monthly board meetings and special committee meetings______________ THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.

PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.

City of Santa Ana
City Council
RFP 24-034
10 – 72 7/16/2024

Page 29 of 34 ends

City Council 10 – 73 7/16/2024
City Council 10 – 74 7/16/2024
City Council 10 – 75 7/16/2024

CITY OF SANTA ANA
The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows:

1. The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.

2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin.

3. The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers’ representatives of the Consultant’s commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

5. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders.

1. In the event of the Consultant’s non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law.

2. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract

ATTACHMENT F

NON-DISCRIMINATION CERTIFICATION
City of Santa Ana
City Council
RFP 24-034
10 – 76 7/16/2024

Page 33 of 34 ends

City Council 10 – 77 7/16/2024

EXHIBIT C
CONSULTANT’S FEE PROPOSAL
City Council 10 – 78 7/16/2024

CITY OF SANTA ANA
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.

PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.

Description of Service – Regal Court Reporting, Inc. Proposal Rate Per Service

1. Administrative Appeal Appearances:
a. Half day hearing
b. Full day hearing
c. Overtime/Evening rate (after 6:00 pm)

2. Maximum Cancellation Fee:

Provide cancellation policy
The Cancellation Fee is chargeable when cancellation is made after 4:00 pm the day before the scheduled administrative appeal proceeding.

3. Transcript:

Per page for original and certified copy (Rates are based on 25- line Per Page Format and Minimum Transcript Format Standards)

4. Expedited Transcript:
a. Next Day
b. 2-3 Business Days
c. 4-5 Business Days
d. 6-9 Business Days

5. Expedited Rough Electronic Transcript During Hearing:

Next Day (with purchase of full transcript)

6. Transcript Delivery by U.S. PostalMail:

7. Transcript Delivery by Other Delivery Service or Vendor Drop Off:

Per delivery in one box of one or more transcripts

8. Real-time Service to Hearing Officer/Counsel:
(Please specify any fee that is charged for “real-time” services and is billed in addition to per page rate)

9. Court of Appeal Transcript:

Change cover page, Repaginate, and Reprint New Original Transcript, including exhibits
ATTACHMENT A-2

PERSONNEL BOARD APPEAL HEARINGS PROPOSAL PRICING

FEE SCHEDULE
City of Santa Ana RFP 24-034 Page 27 of 34
a. $1,135 (up to 3 hours)
b. $2,245
c. $85/hour
$555
$1,135 if reporter is en route
$8.25/page
a. addtl 100% of page rate
b. addtl 90% of page rate
c. addtl 70% of page rate
d. addtl 50% of page rate
$2.15/page
$50 per box
$35 per box
$2.55/page
$110/unit equipment rental
$2.00/page, $150 minimum
City Council 10 – 79 7/16/2024
Community Development Agency
www.santa-ana.org/community-development
Item # 11
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
July 16, 2024
TOPIC: Regional Assessment of Fair Housing and Memorandum of Understanding with Surrounding Jurisdictions

AGENDA TITLE
Agreement with MDG Associates, Inc. for the Preparation of the Fiscal Year 2025-29 Regional Assessment of Fair Housing and Memorandum of Understanding with Surrounding Jurisdictions

RECOMMENDED ACTION

1. Authorize the City Manager to execute an Agreement with MDG Associates, Inc. to prepare the Fiscal Year 2025-29 Regional Assessment of Fair Housing (AFH), whereby the City will act as the lead for the Regional AFH, in an amount not to exceed $159,882 for a one-year term beginning August 1, 2024 and expiring July 30, 2025 (Agreement No. A-2024-XXX).

GOVERNMENT CODE §84308 APPLIES: Yes

DISCUSSION
The Fair Housing Act of 1968 requires jurisdictions that receive federal funds from the U.S. Department of Housing and Urban Development (HUD) for the Community Development Block Grant, Emergency Solutions Grant, and/or the HOME Investment Partnerships program to prepare an Assessment of Fair Housing to address the impediments to fair housing choice that are within their ability to control or influence. In Orange County, all federal grantees of these sources of funding from HUD, including the City of Santa Ana (City), have decided on a collaborative, regional approach to complete a Regional Assessment of Fair Housing. This assessment will determine current impediments to fair housing choice in the private and affordable housing sectors and identify appropriate strategies or remedies to address these impediments for each participating jurisdiction over the next five years from 2025 to 2029.

City Council 11 – 1 7/16/2024
Regional Assessment of Fair Housing and Memorandum of Understanding with Surrounding Jurisdictions
July 16, 2024

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This regional approach to the Assessment of Fair Housing has been undertaken previously and included the City. In 2015, the City of Newport Beach took the lead, followed by the City of Anaheim in 2020, to procure and lead an agreement with a qualified consultant to complete a Regional Assessment of Fair Housing. Both the City of Newport Beach and City of Anaheim, respectively, executed an agreement with a consultant as the lead and issued payment on behalf of all of the surrounding jurisdictions in Orange County in return for a proportional reimbursement. For the fiveyear period for Fiscal Years (FY) 2025-29, the City has agreed to assume this leadership role in procuring this agreement and issuing payment.

Procurement Process
Staff collaborated with all of the surrounding jurisdictions in Orange County to draft a Request for Proposals and select a qualified consultant to complete the Regional Assessment of Fair Housing. Following an inclusive regional review process, on March 11, 2024, staff issued a Request for Proposals (RFP No. 24-036A) for the preparation of the FY 2025-29 Regional Assessment of Fair Housing. Four firms submitted proposals, with the following total costs:
1) Veronica Tam and Associates, Inc.: $290,960
2) MDG Associates, Inc: $159,822
3) GROW America (formerly the National Development Council): $99,210 4) Willdan Engineering: $50,260
Representatives from five surrounding jurisdictions reviewed and scored the proposals.

Each of the four firms underwent a comprehensive evaluation, assessing their experience, methodology, public engagement strategies, and total cost. While all four firms were qualified, MDG Associates, Inc. stood out due to their exemplary experience.

As a result, the regional committee and City staff recommend entering into an Agreement with MDG Associates, Inc. to prepare the FY 2025-29 Regional Assessment of Fair Housing in an amount not to exceed $159,882 for a one-year term beginning August 1, 2024 and expiring July 30, 2025 (Exhibit 1).

With approval by City Council, this Regional Assessment of Fair Housing will be completed for the City and all of the surrounding jurisdictions in Orange County paid for proportionally through a Memorandum of Understanding and Payment Agreement (MOU) (Exhibit 2). The City’s proportionate share of the cost of this MOU will be $16,456.65. The contributions for each jurisdiction were determined by population size, directly linked to the federal funds allocated to each jurisdiction by HUD. If a jurisdiction decides not to execute the MOU following their prior commitment, that jurisdiction will not be included in the Regional Assessment of Fair Housing (AFH) and the portion of payment required by all participating jurisdictions will be increased, including the City.

Since there are 33 other jurisdictions, with their respective attorneys and financial officers, who will be reviewing the MOU before making payment, staff is also requesting authorization for the City Attorney to reasonably revise the template MOU as needed.

City Council 11 – 2 7/16/2024
Regional Assessment of Fair Housing and Memorandum of Understanding with Surrounding Jurisdictions
July 16, 2024

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Authorizing the City Attorney to revise the MOU, as needed, will assist in collecting payments, substantially in the form attached hereto, with all of the surrounding jurisdictions participating in the Regional Assessment. An example of what would not constitute a revision “substantially in the form attached hereto” includes the following nonnegotiable item: a “Payor” that does not agree to pay their proportional allocation of costs based on population estimates provided in Exhibit B. This means negotiable items for the City Attorney may include, but not be limited to, a Payor that requires payment to be made to the City in installments, a Payor that declines to accept one or more of the Standard Provisions in the MOU, or some other unanticipated issue or concern that one or more attorneys or staff from the surrounding jurisdiction(s) could require of the City when they are requested to sign the MOU in return for making payment. The spirit and intent of the MOU is to serve as an invoice with certain terms and conditions for payment.

Key Terms in Agreement with MDG Associates, Inc.

MDG Associates, Inc. (MDG) will communicate regularly with all jurisdictions participating in the development of the Regional AFH. Throughout the process, MDG will facilitate monthly check-in meetings with all participating jurisdictions and provide biweekly summary reports. To ensure consistent feedback and input, MDG will develop the Regional AFH in an iterative process and provide sections and components to the participating jurisdictions for feedback throughout the duration of the project.

MDG will undertake nine primary tasks to develop the Regional AFH:

1. Project Kick Off and Coordination

2. Data Collection

3. Data Assessment

4. Regulatory Review

5. Outreach and Input Process

6. Community Forums and Public Meetings

7. Draft Regional Assessment of Fair Housing

8. Final Regional Assessment of Fair Housing

9. (Optional) Presentation at Participating Jurisdictions’ Council Meeting(s).

Following the completion of their research and analysis, MDG will also draft a comprehensive five-year plan detailing recommended action items tailored to address the identified fair housing impediments across jurisdictions. These recommendations will be categorized into three tiers: individual jurisdiction actions, sub-regional actions, and regional actions. Individual actions pertain to initiatives within each jurisdiction's purview, while sub-regional and regional actions will require intercity cooperation or involvement at the County, State, and/or Federal level.

MDG’s work will begin in August 2024 and be completed by July 2025. To meet HUD requirements, each jurisdiction must secure approval of the Regional AFH from their respective governing bodies. Subsequently, the approved Regional AFH must be submitted to HUD by each jurisdiction to ensure compliance.

City Council 11 – 3 7/16/2024
Regional Assessment of Fair Housing and Memorandum of Understanding with Surrounding Jurisdictions
July 16, 2024

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Key Terms in Memorandum of Understanding
The Memorandum of Understanding and Payment Agreement (MOU) includes the following key terms:
• Term: August 1, 2024 to July 30, 2025
• Each surrounding jurisdiction agrees to their 2024 population estimate and proportional payment to the City as a percentage of the total cost of $159,822 for the services to be provided by MDG Associates, Inc. (For example, the County of Orange will pay $23,840.82 and the City of Anaheim will pay $18,011.41 to the City.)
• The City will make payment to MDG Associates, Inc. in six installments based upon their Scope of Work up to a total amount of $159,822.

If the Agreement with MDG Associates, Inc. and the MOU are not approved by City Council, the City will need to inform the surrounding jurisdictions that the City is not able to participate in this regional partnership and their respective staff will need to identify an alternative plan. The deadline for each jurisdiction to submit their Assessment of Fair Housing to HUD is before June 30, 2025 and the development of a complete Assessment takes up to a year.

FISCAL IMPACT
While the City is serving as the lead jurisdiction for contracting purposes, there are 33 surrounding jurisdictions sharing in the cost of preparing the Regional Assessment of Fair Housing. Each of the participating jurisdictions has confirmed that they will execute the Memorandum of Understanding (MOU) agreeing to pay their identified share of the total cost. The City’s proportionate share of the total cost will be $16,456.65. If a jurisdiction decides not to execute the MOU following their prior commitment, that jurisdiction will not be included in the Regional Assessment of Fair Housing and the portion of payment required by all participating jurisdictions will be increased, including the City’s portion up to the total amount of the Agreement.

Funds were available in the CDA-Service Enhancements Contract Services account (01118017-62300) in FY 2023-24. Therefore, a proposed carryover of unspent funds will be presented to City Council in September for approval of carryovers to FY 2024-25.

EXHIBIT(S)

1. Agreement with MDG Associates, Inc.

2. Memorandum of Understanding - Template
Submitted By: Michael L. Garcia, Executive Director of Community Development Approved By: Alvaro Nuñez, Acting City Manager
City Council 11 – 4 7/16/2024
AGREEMENT FOR 2025-2029 REGIONAL ASSESSMENT OF FAIR HOUSING PLAN BETWEEN MDG ASSOCIATES, INC. AND

CITY OF SANTA ANA
THIS AGREEMENT is made and entered into on this 1st day of August, 2024 by and between MDG Associates, Inc., ("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 March 11, 2024, the City issued Request for Proposal No. 24-036A ("RFP"), by which it sought qualified consultants to provide special skill and knowledge in the field of conducting a thorough examination of the Regional Assessment of Fair Housing Plan in accordance with current U.S. Department of Housing and Urban Development (HUD) guidelines, for the years 2025 to 2029. The RFP shall be incorporated by reference as though attached hereto in full.

B. Consultant submitted a timely and responsive proposal that was selected by the City.

Consultant represents that Consultant is able and willing to provide such services to the City as described in the scope of work that was included in the RFP.

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 Scope of Services - Exhibit A, attached hereto and incorporated by reference.

Consultant shall comply with all federal requirements detailed in the City's RFP also attached hereto as Federal Requirements - Exhibit B.

2. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in Compensation - Exhibit C. The total amount to be expended during the term of this Agreement shall not exceed $159,882. b. Payment by City shall be made within forty-five (45) days following receipt of proper

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City Council 11 – 5 7/16/2024
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 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 the date first written above and terminate on July 30, 2025, 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 Contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes.

5. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual prope11y 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.

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

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the performance of the work hereunder and the results of that work by the Consultant, his agents, representatives, employees or subcontractors.

MINIMUM SCOPE OF INSURANCE
Consultant shall maintain limits of insurance coverage in the following minimum amounts and shall be at least as broad as:

1. 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 & advettising injury with limits no less than $1,000,000 per occurrence and $2,000,000 aggregate.

2. Automobile Liability: Insurance Services Office Form Number CA 00 0 I covering any auto (Code I) with combined single limits of $1,000,000.

3. 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, per employee, per policy 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 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:

I. CGL and AL policies: City of Santa Ana, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, equipment, and personnel furnished in connection with such work or operations.

2. All required insurance policies: Insurance company(ies) agrees to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from work performed by Consultant for City.

3. All required insurance policies: For any claims related to this contract, Permittee's insurance coverage shall be primary and any insurance maintained by City, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it.

4. All required insurance policies: A severability of interest provision must apply for all the additional insureds, ensuring that Consultant's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer's limits of liability.

5. Each insurance policy required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non-renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City. Ten (I 0) days prior written shall be provided to City for policy cancellation or nonrenewal

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due to non-payment.

6. Certificate Holder on each Evidence of Insurance ce1tificate shall be: City of Santa Ana, 20 Civic Center Plaza, Santa Ana, CA 92701. The name and location of event should be included in the Description of Operations section of each ce1tificate.

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.

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 ce1tificates 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 the 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.

Claims Made Policies
If any of the required policies provide claims-made coverage:

1. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work.

2. Insurance must be maintained and evidence of insurance must be provided/or at least three (3) years after completion of the contract of work.

3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase "extended reporting" coverage for a minimum of three (3) years after completion of work.

Subcontractors
Consultant shall require and verify that all sub-contractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City is an additional insured on insurance required from sub-contractors.

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.

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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 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.

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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.

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 patty, which is not embodied herein.

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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.

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 paity 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.

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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 ce1tified 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
With courtesy copies to:

Executive Director,
Community Development Agency
City of Santa Ana
20 Civic Center Plaza (M-25)
P.O. Box 1988
Santa Ana, California 92702
Fax: 714-647-6956
To Consultant:

Rudy Mufi.oz
President
MDG Associates, Inc.
10722 Arrow Route, Suite 822
Rancho Cucamonga, CA 91730
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 repo1t 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.

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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 ineorporated as if fully set forth in the body of this Agreement.

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

ATTEST:

Jennifer L. Hall
City Clerk
APPROVED AS TO FORM:

SONIA R. CARY ALHO
City Attorney
By[ju{M(. (!jJ f4r,__ � -1i.JL,
Andrea Garcia-Miller
Assistant City Attorney
RECOMMENDED FOR APPROVAL:

Michael L. Garcia
Executive Director
Community Development Agency
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CITY OF SANTA ANA
Alvaro Nufiez
Acting City Manager

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EXHIBIT 1
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EXHIBIT A

SCOPE OF SERVICES
EXHIBIT 1
City Council 11 – 14 7/16/2024

CITY OF SANT A ANA

EXHIBIT I

SCOPE OF SERVICES
Consultant shall perform services as set forth below.

A. Assessment of Fair Housing

1. Provide a concise overview of the current HUD requirements and guidelines to ensure full compliance with relevant regulations.

2. Conduct a thorough examination of the Regional Assessment of Fair Housing Plan for 2025 - 2029 as well as any Analysis of Impediments to Fair Housing Choice prepared for jurisdictions within Orange County in the last five years. i. Perform a comprehensive review of actions taken by participating jurisdictions to address identified impediments.

3. Collaborate with each fair housing service organization operating within Orange County to gain a deep understanding of current fair housing issues.

4. Collect relevant data and information to prepare the Regional AFH in accordance with current HUD regulations and the Fair Housing Planning Guide.

5. Engage with each participating jurisdiction, housing authority within Orange County, and relevant regional agencies or task forces to gather and analyze pertinent information for the Regional AFH, ensuring alignment with current HUD regulations and the Fair Housing Planning Guide.

6. Conduct community engagement activities to hear directly about fair housing issues affecting residents of Orange County, reaching out to:
i. Tenants,
ii. Landlords,
iii. Homeowners,
iv. Fair housing organizations,
v. Civil rights and advocacy organizations,
vi. Legal services providers,
vii. Social services providers,
viii. Housing developers, and
ix. Industry groups

7. Facilitate outreach to fair housing stakeholders and the general public, providing opportunities for involvement in the Regional AFH development process.

EXHIBIT 1
City Council 11 – 15 7/16/2024

CITY OF SANT A ANA
i. Implement a consultation and input process inclusive of:
a) Diverse groups,
b) Fair housing organizations,
c) Community-based organizations,
d) Housing providers,
e) Realtors,
f) Lenders,
g) Planning officials, and
h) Other relevant stakeholders

8. Utilize contact lists maintained by participating jurisdictions for outreach.

9. Organize community forums/meetings as necessary to complete the Regional AFH, with a minimum of four proposed forums/public meetings held in various geographical areas within the county, with at least two of the meetings offering a hybrid option for Virtual participation. Responsibilities include:
i. Participant invitations,
ii. Agenda preparation,
iii. Provision of handouts and presentation materials, and iv. Ensuring availability of interpretation services.
v. Maintain transcripts and minutes of forums/meetings, including citizen comments/input.

Conduct at least:
vi. Two evening community meetings of the four meetings total. vii. A focus group with a wide array of nonprofit organizations and government officials.
viii. Additional outreach for members of protected classes, including but not limited to the Latino, Vietnamese, Korean and Persian communities.

All community meetings will have translation services available if requested in:
ix. Spanish,
x. Vietnamese,
EXHIBIT 1
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CITY OF SANTA ANA
xi. Korean,
xii. Mandarin and
xiii. Arabic
In addition, all meetings will be held in locations accessible to people with mobility issues.

10. Ensure all materials, outreach efforts, and meetings are accessible in languages relevant to the county, including but not limited to:
i. Spanish,
ii. Vietnamese,
iii. Korean,
iv. Mandarin, and
V. Arabic

11. Include and, if necessary, develop tabular data or maps in accordance with current HUD regulations, Fair Housing Planning Guide and State Law, Title 7, indicating concentrations of:
i. Minority residents,
ii. Residents living in poverty,
iii. Availability of public transportation,
iv. Lending rates (HMDA data),
V. Section 8 rental assistance,
vi. Public housing,
vii. Group homes, and
viii. Other information

12. Information and analysis of the effects of:
i. Building, occupancy and health, and safety codes on housing and the use of accessibility standards and reasonable accommodation in local construction. ii. Applicable zoning and land use laws and policies that may place restrictions on housing or housing choice and the application of reasonable accommodation with respect to disabled populations.
iii. Policies and practices concerning the application of local neighborhood or site standards on new construction, especially for assisted housing development.

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CITY OF SANT A ANA
iv. Policies and practices that connect transportation and available social services with housing opportunities.
v. Policies and practices that may affect the equal provision of governmental services.
vi. Policies concerning activities that may cause displacement, which may affect opportunities to select housing inside and outside areas of minority concentration, or housing that is accessible.
vii. Policies and practices that may affect the representation of minorities and persons with a disability on planning and/or zoning boards and commissions. viii. Policies and practices of public housing authorities and other housing assistance providers with respect to tenant selection and assignment, reasonable accommodation, delivery of services, maintenance and accessibility. ix. Policies and practices regarding the sale and rental of real estate, such as steering or "blockbusting," "all adult" issues, deed restrictions, inaccessible design, local occupancy standards and practices, local lending practices, real estate appraisal practices, insurance underwriting practices, and segregated housing conditions.

13. Address any additional components necessary for the Regional AFH to align with current HUD regulations or the Fair Housing Planning Guide that are not explicitly mentioned in this RFP.

B. 5-Year Fair Housing Action Plan
The following tasks shall be included:

1. Preparation of strategies and action steps to address and eliminate identified impediments to fair housing choice both for individual jurisdictions and on a regional level.

2. Prepare a Joint Equity Plan following robust community engagement that contains an analysis of fair housing issues confronting the region and Public Housing Authorities (PHAs), goals, and strategies to remedy those issues in concrete ways, and a description of community engagement.
i. The Equity Plan is the fair housing plan that will be prepared to commit cities and PHAs to goals that advance equity in housing, community development programs, and residents' access to well-resourced areas, opportunity, and community assets. ii. The Equity Plan should be developed with the input of the community and consist of an analysis of fair housing data and issues, a prioritization of the issues that would be addressed, and the establishment of and commitment to undertake fair housing goals. Those goals would then be incorporated into subsequent planning documents, such as the Consolidated Plan, Annual Action Plan, and PHA Plan. iii. The Equity Plan should shall include but not be limited to topics in the following areas:
a) Demographics;
EXHIBIT 1
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CITY OF SANT A ANA
b) Segregation and integration;
c) Racially or ethnically concentrated areas of poverty (R/ECAPs); d) Access to community assets;
e) Access to affordable housing opportunities;
f) Access to homeownership and economic opportunity;
g) Policies and practices impacting fair housing;
h) Other topics as may be required by updated HUD requirements or guidance.
iv. Information from the participating cities' Housing Elements approved by the State of California Department of Housing and Community Development will be used and incorporated as much as possible into the Equity Plan.

3. First year annual progress evaluation that describes progress toward each goal in the Equity Plan.

4. Strategies and actions shall be identified separately for each participating jurisdiction and include appropriate prioritization after consultation with each jurisdiction. Suggested prioritization might be:
i. High Priority - complete recommended action within 1 year; ii. Medium-High Priority - complete recommended action within 2 years; iii. Medium Priority - complete recommended action within 3 years; iv. Medium-Low Priority - complete recommended action within 4 years; v. Low Priority - complete action within 5 years;
vi. Ongoing Priority- monitor activity on a periodic or ongoing basis.

5. Table listing action to be taken annually to address identified impediments. [These deliverables are based upon HUD's New Proposed ''Affirmatively Furthering Fair Housing" Rule published on February 9, 2023. If the Final Rule includes additional requirements or substantial changes, Consultant shall meet those additional requirements and changes from HUD. If the Final Rule is not adopted, the Consultant shall meet HUD's current requirements.]
C. Submission of the 5-Year Fair Housing Action Plan

1. Provide periodic progress updates to the regional group as requested (minimum monthly meeting).

2. Provide a draft of the Regional AFH report and 5-year plan in progress for review and comment by the participating jurisdictions, prior to submission of the final document.

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� CITY OF SANTA ANA
i. The draft Regional AFH and 5-year Fair Housing Action Plan document will be made available by each participating jurisdiction for a 30-day public review period prior to presentation of the draft document to each participating jurisdiction's City Council. One bound copy of the completed draft Regional AFH and 5-year Fair Housing Action Plan document along with an electronic version shall be provided by the Consultant to each participating jurisdiction.

3. At the completion of the project, the Consultant shall provide each participating jurisdiction one bound copy of the final Regional AFH and 5-year Fair Housing Action Plan document and an electronic version in a fully searchable and bookmarked PDF file (not exceeding 5MB) that includes all tables, figures, and maps.

4. Complete all work within 240 days of contract execution, no later than April 1, 2025.

D. Payment for Services

1. Each participating jurisdiction will pay a pro-rated share of the total costs directly to the lead agency administering the contract pursuant to Attachment A no later than June 30,2025. The pro-rated share will be based upon the 2024 census population or 2024 population estimates of the participating jurisdictions. The lead agency will make payments directly to the Consultant upon successful completion of the scope of work.

E. Copies of Existing Plans

1. Copies of each City's current planning documents, including their 5-year Consolidated Plans, Action Plans, Housing Elements, Zoning Codes, and the previous Regional Analysis of Impediments to Fair Housing are available for review upon request. Most, if not all of these documents for each participating jurisdiction are currently available at each City's website.

F. HUD Funding

1. The proposed activity will be partially or completely funded with HUD funds in accordance with federal laws and regulations which require that all contracts with consultants for activities utilizing HUD funds adhere to all applicable requirements, including but not limited to a drug-free workplace, non-discrimination, equal employment opportunity, training and business opportunity and non-segregated facilities. The selected Consultant shall certify that they meet all applicable federal requirements.

G. HUD Audit or Review

1. In the event of a HUD audit or review of the completed Regional AFH and 5-year Fair Housing Action Plan document, the successful Consultant shall interface with HUD to justify the accuracy of the finished document, describe the techniques of data collection and ensure that the Regional AFH document complies with all HUD requirements, regardless of when audit or review is completed. If HUD requires changes to the completed Regional AFH and 5-year action plan document to meet federal requirements, the successful consultant shall make the changes to the Regional AFH and 5-year Fair Housing Action Plan document by consulting with participating jurisdictions.

EXHIBIT 1
City Council 11 – 20 7/16/2024

EXHIBITB

FEDERAL REGULATIONS
a. Federal Regulations -Recipient must comply with the government cost principles, uniform administrative requirements and audit requirements for federal grant program housed within Title 2, Part 200 of the Code of Federal Regulations.
b. Debarment and Suspension -As required by Executive Orders 12549 and 12689, and 2 CFR §200.212 and codified in 2 CFR Part 200, Recipient must provide protection against waste, fraud, and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the Federal government.
c. Audit Records - With respect to all matters covered by this agreement all records shall be made available for audit and inspection by CITY, the grant agency and/or their duly authorized representatives for a period of three (3) years from the date of submission of the final expenditure report by the City of Santa Ana. For a period of three years after final delivery hereunder or until all claims related to this Agreement are finally settled, whichever is later, Recipient shall preserve and maintain all documents, papers and records relevant to the services provided in accordance with this Agreement, including the Attachments hereto. For the same time period, Recipient shall make said documents, papers and records available to City and the agency from which City received grant funds or their duly authorized representative(s), for examination, copying, or mechanical reproduction on or off the premises of Recipient, upon request during usual working hours. d. Reports - Recipient shall provide to City all records and information requested by City for inclusion in quarterly reports and such other repo1is or records as City may be required to provide to the agency from which City received grant funds or other persons or agencies. e. Section 504 of the Rehabilitation Act of 1973 (Handicapped) - All recipients of federal funds must comply with Section 504 of the Rehabilitation Act of 1973 (The Act). Therefore, the federal funds recipient pursuant to the requirements of The Act hereby gives assurance that no otherwise qualified handicapped person shall, solely by reason of handicap be excluded from the participation in, be denied the benefits of or be subject to discrimination, including discrimination in employment, in any program or activity that receives or benefits from federal financial assistance. The Recipient agrees it will ensure that requirements of The Act shall be included in the agreements with and be binding on all of its contractors, subcontractors, assignees or successors. f. Americans with Disabilities Act of 1990 - (ADA) Recipient must comply with all requirements of the Americans with Disabilities Act of 1990 (ADA), as applicable. g. Political Activity - None of the funds, materials, prope1iy, or services provided directly or indirectly under this agreement shall be used for any partisan political activity, or to fmiher the election or defeat of any candidate for public office, or otherwise in violation of the provisions of the "Hatch Act".

EXHIBIT 1
City Council 11 – 21 7/16/2024
h. No Lobbying - Recipient will comply with all applicable lobbying prohibitions and laws, including those found in the Byrd Anti-Lobbying Amendment (31 U.S.C. 1352, et seq.), and agrees that none of the funds provided under this award may be expended by the Recipient to pay any person to influence, or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any federal action concerning the award or renewal of any federal contract, grant, loan, or cooperative agreement.
i. Non-Discrimination and Equal Opportunity - Recipient will comply, and all its contractors (or subrecipients) will comply, with Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1964, as amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975, as amended; Drug Abuse Office and Treatment Act of 1972, as amended; Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, as amended; Section 523 and 527 of the Public Health Service Act of 1912, as amended; Title VIII of the Civil Rights Act of 1968, as amended; Department of Justice Non-Discrimination Regulations, 28 CFR Part 42, Subparts C, D, E, and G; and Department of Justice regulations on disability discrimination, 28 CFR Part 35 and 39.

In the event a Federal or State court, Federal or State administrative agency, or the Recipient makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, the Recipient will forward a copy of the findings to CITY which will, in turn, submit the findings to the Office of Civil Rights, Office of Justice Programs, U.S. Department of Justice. If applicable, recipient will comply with the equal opp01tunity clause in 41 C.F.R. 60-1.4(b) in accordance with Executive Order 11246 as amended by Executive Order No. 11375. j. Equal Employment Opportunity - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Executive Order 11246 of September 24, 1965, entitled "Equal Employment Opportunity," as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR, Subtitle B, Chapter 60), as applicable.
k. Public Contracts Code - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the California Public Contract Code Section 10295.3, as applicable.

1. Copeland Anti-Kickback Act - Recipient will comply, and all its contractors and subcontractors (or subrecipients) shall comply, with all requirements of the Copeland "Anti-Kickback" Act (40 U.S.C. 3145) as supplemented in Depa1tment of Labor regulations (29 CFR Part 3), as applicable.
(1) Contractor- Contractors shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. Part. 3 as may be applicable, which are incorporated by reference into this contract.
(2) Subcontracts - Contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier EXHIBIT 1
City Council 11 – 22 7/16/2024
subcontractor with all of these contract clauses.
(3) Breach - A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. §

5.12. m. Davis-Bacon Act.- Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Davis-Bacon Act (40 U.S.C. 3141-3144 and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Pait 5), as applicable.

Contractors are required to pay wages to laborers and mechanics at a rate no less than the prevailing wages specified in a wage determination made by the Secretary of Labor.

Additionally, contractors are required to pay wages not less than once a week. n. Work Hours and Safety - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3702 and 3704) as supplemented by Department of Labor regulations (29 CFR Part 5), as applicable.
o. Clean Air Act - Recipient will comply, and all its contractors (or subrecipients) will comply, with all applicable standards, orders or requirements issued under the Clean Air Act (42 U.S.C. 7401-7671q), and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as applicable. p. Energy and Conservation - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Energy Policy and Conservation Act (42 U.S.C. 6201), as applicable.
q. Waste Disposal - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, as applicable.
r. Patent Rights - Recipient agrees that the Department of Homeland Security shall have the authority to seek patent rights for any process, product, invention or discovery developed and paid for with funding through this Agreement based on the requirements of 3 7 CFR Part 401 and any other implementing regulations, as applicable.
s. Copyright - Recipient may copyright any books, publications or other copyrightable materials developed in the course of or under this Agreement. However, the federal awarding agency, State Administrative Agency (SAA) and City reserve a royalty-free, non-exclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for federal government, SAA and/or City purpose:
(1) the copyright in any work developed through this Agreement; and (2) any rights of copyright to which the subcontractor purchases ownership with suppo1t through this grant. The Federal government's, SAA's and City's rights identified above must be EXHIBIT 1
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conveyed to the publisher and the language of the publisher's release form must ensure the preservation of these rights.
t. Telecommunications (2 CFR 200.216) - Recipient will comply with FEMA Policy 405-143- 1, Prohibitions on Expending FEMA Award Funds on Covered Telecommunication Equipment or Services (Interim), which prohibits grant recipients and subrecipients from obligating or expending loan or grant funds to procure or obtain, extend or renew a contract to procure or obtain, or to enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

As described in Public Law 115-232, section 889, covered telecommunications equipment is:
(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation ( or any subsidiary or affiliate of such entities). (2) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities).
(3) Telecommunications or video surveillance services provided by such entities or using such equipment.
(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau oflnvestigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.
u. Domestic preferences for procurements (2 CFR 200.322) - Recipient agrees that as appropriate and to the extent consistent with law, it will, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). This requirement must be included in all subawards including all contracts and purchase orders for work or products under this award. For purposes of this provision: "produced in the United States" means, for iron and st�el proqucts, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States; and "manufactured products" means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. v. Equal Employment in Construction Contracts - Pursuant to Equal Employment Opportunity requirements of 41 C.F .R. 60-1.4(b) in accordance with Executive Order 11246 as amended by Executive Order No. 113 75, as to any construction contract thereunder, if applicable, during the EXHIBIT 1
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performance of this contract, the contractor agrees as follows:
(1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following:

Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
(3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. ( 4) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
(5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

EXHIBIT 1
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(7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
(8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance.

EXHIBIT 1
City Council 11 – 26 7/16/2024

EXHIBITC

COMPENSATION
Fee Proposal including hourly rates if applicable
EXHIBIT 1
City Council 11 – 27 7/16/2024
---- -- · --··---· --·--·-

COST PROPOSAL

COST PROPOSAL
Based on the proposed scope of work in the RFP, MDG and Cloudburst propose to complete the 2025-2029 Assessment of Fair Housing and the 5-Year Fair Housing Plan for a lump sum price of $159,882. The tasks will be completed and invoiced as noted in Section 2B - Milestone / Payment Schedule of this proposal. The total lump sum price is inclusive of all items noted in Section 1.D - Proposed Work Plan of this proposal.

Table 2.A1 below provides the proposed cost by the specific activity categories and the overall cost as required in the RFP. As additionally required in the RFP, Table 2.A2 breaks out the estimated hours by task and by assigned individual team members. And, finally, Table 2.A3 provided the hour rate schedule for staff that are proposed for the project.

Table 2.A 1: Cost Proposal
I : II I ti ti =-.nJ.13..1!jJ •

1. Project Management and Coordination $14,752.00

2. Data Collection $20,050.00

3. Data Assessment $16,860.00

4. Regulatory Review $16,160.00

5. Outreach and Input Process $26,628.00

6. Community Forums/Public Meetings $24,008.00

7. Draft AFH and 5-Year Fair Housing Plan $35,242.00

8. Final AFH and 5-Year Fair Housing Plan $6,182.00
TOTAL COST: $159,882.00
- - -
---------------------------------------i®1------
EXHIBIT 1
City Council 11 – 28 7/16/2024
Table 2.A2: Estimated Hours by Budget Item
. .
!�
Rudy Munoz 8 0 0 0 8 8 0 2 26
Clint Whited 0 0 0 10 0 40 12 4 66
Chris Andrews 24 10 20 10 20 10 10 4 108
Paul DeManche 24 0 40 30 40 80 100 18 332
Emily Vander-Does 0 40 0 0 0 0 0 0 40
David Munoz 0 20 0 0 80 60 0 0 160
Whitney Finnstrom 24 0 20 40 0 0 30 0 114
Jay Dworin 24 40 40 20 60 0 100 18 302
Support Staff 0 60 0 0 0 0 0 0 60
Approx. Hours: 104 170 120 110 208 198 252 46 1,208
Table 2.A3: Hourly Rate Schedule
I ;; I• I II e • -'1i£i1l3
Rudy Munoz, President $131.00 / Hr.

Clint Whited, Senior Vice President $131.00 / Hr.

Chris Andrews, VP - Grants Management $125.00 / Hr.

Paul DeManche, Director $120.00 I Hr.

Emily Vander Does, Manager $114.50 / Hr.

David Munoz, Manager $114.50 / Hr.

Jay Dworin, Fair Housing SME $174.00 I Hr.

Whiteny Finnstrom, Housing & CD Analyst $152.00 / Hr.

Support Staff $97.50 I Hr.
-----------------------------------------i01-------
EXHIBIT 1
City Council 11 – 29 7/16/2024
- --- ----- ------------ - -- --- - --------------------

MILESTONE/ PAYMENT SCHEDULE
- - - - -- ----------
-

PAYMENT SCHEDULE
MDG shall bill the City of Santa Ana monthly based on the following milestone payment schedule:

Table 2.B1: Milestone Payment Schedule
Milestone 1: Completion of Data Collection Phase $20,050.00 Milestone 2: Completion of Data Assessment & Regulatory Review $33,020.00 Milestone 3: Completion of Outreach and Input Process $26,628.00 Milestone 4: Completion of Community Forums/Public Meetings $24,008.00 Milestone 5: Submittal of Draft AFH & 5-Year Fair Housing Plan $35,242.00 Milestone 6: Submittal of Final AFH & 5-Year Fair Housing Plan $20,934.00 Assessment of Fair Housing Cost: $159,882.00
-------------------------------------�28 ,_, ____ _
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Page 1 of 4 ends

MEMORANDUM OF UNDERSTANDING AND PAYMENT AGREEMENT

BETWEEN THE COUNTY OF ORANGE AND

THE CITY OF SANTA ANA
THIS MEMORANDUM OF UNDERSTANDING AND PAYMENT AGREEMENT (“Agreement”) is made on this ____ day of _______________, 2024, (“Effective Date”) by and between ________________________________________ (“Payor”) 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 City and Payor desire to jointly engage MDG Associates, Inc. (“Consultant”) to provide a Regional Assessment of Fair Housing Plan in accordance with current U.S. Department of Housing and Urban Development (HUD) guidelines, for the years of 2025 to 2029 (“Project”). A copy of the _________ ___, 2024, Agreement with Consultant describing the “Scope of Work” to be performed for the City and Payor is attached as Exhibit A to this Agreement, and incorporated herein by reference, once fully executed.

B. Besides City, the Project shall serve to benefit the following California cities and county, each of whom shall reimburse City for City’s direct payment to Consultant, according to the terms contained herein: Aliso Viejo, Anaheim, Buena Park, Costa Mesa, Fountain Valley, Fullerton, Garden Grove, Huntington Beach, Irvine, Laguna Niguel, La Habra, Lake Forest, Mission Viejo, Newport Beach, Orange, Rancho Santa Margarita, San Clemente, Santa Ana, Tustin, Westminster, and County of Orange (jurisdictions include: Brea, Cypress, Dana Point, Laguna Beach, Laguna Hills, Laguna Woods, La Palma, Los Alamitos, Placentia, San Juan Capistrano, Seal Beach, Stanton, Villa Park, Yorba Linda, and all unincorporated areas of the County).

C. City shall make direct payments to Consultant upon the Payor’s behalf, based upon Payor’s respective State of California Department of Finance 2024 Population Estimate, as more specifically described in Exhibit B to this Agreement, and incorporated herein by reference.

NOW, THEREFORE, in consideration of the foregoing and the promises contained herein, the City and Payor mutually agree as follows:

1. TERM

1.1 The term of this Agreement shall commence on the Effective Date and shall terminate on July 30, 2025 unless terminated earlier or extended by written amendment to this Agreement.

1.2 The Project shall take place from August 1, 2024 to July 30, 2025 (“Project Period”), unless extended or reduced by City.

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Page 2 of 4 ends

2. COMPENSATION TO CITY

2.1 Payor hereby agrees to their 2024 population estimate and respective payment to City of a percentage of the total cost of Consultant’s Services based thereon, as indicated on Exhibit B and incorporated herein by reference.

2.2 Payor shall make a single payment of _________________________ ($___________) to City by no later than September 20, 2024.

2.3 The City will make payments directly to the Consultant upon successful completion of the “Scope of Work” as described in Exhibit A and based upon the following schedule:

1. $20,050 will be paid upon completion of Milestone 1: Completion of Data Collection Phase.

2. $33,020.00 will be paid upon completion of Milestone 2: Completion of Data Assessment & Regulatory Review.

3. $26,628 will be paid upon completion of Milestone 3: Completion of Outreach and Input Process.

4. $24,008 will be paid upon completion of Milestone 4: Completion of Community Forums/Public Meetings.

5. $35,242 will be paid upon completion of Milestone 5: Submittal of Draft AFH & 5- Year Housing Plan.

6. $20,934 will be paid upon completion of Milestone 6: Submittal of Final AFH & 5- Year Fair Housing Plan.

3. CONTRACT ADMINISTRATION
Unless otherwise designated in writing, City’s Housing Programs Coordinator, David Flores, shall serve as the City’s Project Administrator for the payments made under this Agreement. All activities performed under this Agreement shall be coordinated with this person or his/her designee.

4. STANDARD PROVISIONS

4.1 Recitals. City and Payor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Agreement.

4.2 Compliance with all Laws. Payor shall, at its own cost and expense, comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted.

4.3 Integrated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein.

4.4 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason EXHIBIT 2
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Page 3 of 4 ends

of the authorship of the Agreement or any other rule of construction which might otherwise apply.

4.5 Amendments. This agreement may be modified or amended only by a written document executed by both Payor and City and approved as to form by the City Attorney.

4.6 Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.

4.7 Controlling Law and Venue. The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California.

4.8 No Attorneys’ Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorneys’ fees.

4.9 Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument.
[signatures on following page]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written.

ATTEST: CITY OF SANTA ANA
Jennifer L. Hall Alvaro Nuñez
City Clerk Acting City Manager
APPROVED AS TO FORM:

SONIA R. CARVALHO RECOMMENDED FOR APPROVAL:

City Attorney
By:

Andrea Garcia-Miller Michael L. Garcia
Assistant City Attorney Executive Director
Community Development Agency
PAYOR:

Name:

Title:
=
EXHIBIT 2
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#406137v1
AGREEMENT FOR 2025-2029 REGIONAL ASSESSMENT OF FAIR HOUSING PLAN BETWEEN MDG ASSOCIATES, INC. AND

CITY OF SANTA ANA
THIS AGREEMENT is made and entered into on this 1st day of August, 2024 by and between MDG Associates, Inc., (“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 March 11, 2024, the City issued Request for Proposal No. 24-036A (“RFP”), by which it sought qualified consultants to provide special skill and knowledge in the field of conducting a thorough examination of the Regional Assessment of Fair Housing Plan in accordance with current U.S. Department of Housing and Urban Development (HUD) guidelines, for the years 2025 to 2029. The RFP shall be incorporated by reference as though attached hereto in full.

B. Consultant submitted a timely and responsive proposal that was selected by the City.

Consultant represents that Consultant is able and willing to provide such services to the City as described in the scope of work that was included in the RFP.

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 Scope of Services - Exhibit A, attached hereto and incorporated by reference.

Consultant shall comply with all federal requirements detailed in the City’s RFP also attached hereto as Federal Requirements - Exhibit B.

EXHIBIT A
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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 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 the date first written above and terminate on July 30, 2025, unless terminated earlier in accordance with Section 15, below.

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 EXHIBIT 2
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the performance of the work hereunder and the results of that work by the Consultant, his agents, representatives, employees or subcontractors.

MINIMUM SCOPE OF INSURANCE
Consultant shall maintain limits of insurance coverage in the following minimum amounts and shall be at least as broad as:

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence and $2,000,000 aggregate.

2. Automobile Liability: Insurance Services Office Form Number CA 00 01 covering any auto (Code 1) with combined single limits of $1,000,000.

3. 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, per employee, per policy for bodily injury or disease.

Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

1. CGL and AL policies: City of Santa Ana, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, equipment, and personnel furnished in connection with such work or operations.

3. All required insurance policies: For any claims related to this contract, Permittee’s insurance coverage shall be primary and any insurance maintained by City, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it.

4. All required insurance policies: A severability of interest provision must apply for all the additional insureds, ensuring that Consultant’s insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer’s limits of liability.

5. Each insurance policy required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non-renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City. Ten (10) days prior written shall be provided to City for policy cancellation or nonrenewal EXHIBIT 2
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due to non-payment.

6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, 20 Civic Center Plaza, Santa Ana, CA 92701. The name and location of event should be included in the Description of Operations section of each certificate.

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 the 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.

Claims Made Policies
If any of the required policies provide claims-made coverage:

1. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work.

2. Insurance must be maintained and evidence of insurance must be provided for at least three (3) years after completion of the contract of work.

3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase “extended reporting” coverage for a minimum of three (3) years after completion of work.

EXHIBIT 2
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EXHIBIT 2
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Santa Ana City CouncilJuly 16, 2024

Santa Ana City Council
July 16, 2024