Agenda packet — Santa Ana City Council, October 15, 2024 (part 1 of 7)

City Council Meeting Packet
October 15, 2024
CLOSED SESSION MEETING – 4:00 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 Nuñez
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 • City Council 1 10/15/2024
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) 900 9128 and enter MEETING ID: 315 965 149#. You will be prompted by the City Clerk when it is time for a: i) closed session item or ii) agenda/general comments. You may request to speak by dialing *9 from your phone or you may virtually raise your hand from ZoomAftertheClerkconfirmsthelastthreedigitsofthecaller’sphonenumberor City Council 2 10/15/2024
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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.

MAILING OPTION written communications – Public comments may be mailed to:

Callers are encouraged, but not required, to identify themselves by name. Each caller will be provided three (3) minutes to speak, unless due to the number of speakers wanting to speak a decision is made to provide a different amount of time to speak.

INPERSON OPTION Members of the public can provide inperson comments at the podium in the Council Chamber. The Council Chamber will have seating available for members of the public to attend the meeting inperson. Public comments are limited to three (3) minutes per speaker, unless a different time is announced by the presiding chair. Speakers who wish to address the Council must do so by submitting a “Request to Speak” card by 4:00 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 3:30 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL and raise your hand BY 4:00 p.m. Speakers who are not in the speaker queue with their hand raised by 4:00 p.m. will not be permitted to speak.
2LIVEPUBLICCOMMENTSONREGULARAGENDAITEMSANDNONAGENDA
City Council 3 10/15/2024
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“Request to Speak” card by 4:00 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:

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 3:30 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 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 Manager Alvaro Nuñez
City Attorney Sonia R. Carvalho
City Clerk Jennifer L. Hall
ROLL CALL
ADDITIONS\DELETIONS TO CLOSED SESSION
City Council 4 10/15/2024
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 ).

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

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

1. CONFERENCE WITH LEGAL COUNSEL – SIGNIFICANT EXPOSURE TO LITIGATION pursuant to Section 54956.9(d)(2) or (3) of the Government Code: Two (2) matters.

1. Government Tort Claim: Jacob Smith

2. Government Tort Claim: Pierce Peiffer

2. CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Government Code Section 54958.8:

Agency Negotiator: Michael Garcia, Executive Director Community Development Agency
Negotiating Parties: CEO Ronnie Sandoval, Civic Center Barrio Housing Corporation Under Negotiation: Price and terms related to the possible disposition/acquisition of real property interest.

Address of Properties:

1. 600 West Third Street – Units A110, A115, A120, A215, A307, B107, B112, B205, B303, C305

2. 601 West Third Street – Units F102, F205

3. 621 West Third Street – Unit D104

4. 700 West Third Street – Units A110, A113, A204, A304, A305, A322, B102, B108, B204, B217, C102, C103, C105 5701WtThidSttUitD101D201E101E105
City Council 5 10/15/2024
real property interest.

Address of Properties:

1. 600 West Third Street – Units A110, A115, A120, A215, A307, B107, B112, B205, B303, C305

2. 601 West Third Street – Units F102, F205

3. 621 West Third Street – Unit D104

4. 700 West Third Street – Units A110, A113, A204, A304, A305, A322, B102, B108, B204, B217, C102, C103, C105

5. 701 West Third Street – Units D101, D201, E101, E105

3. PUBLIC EMPLOYEE APPOINTMENT pursuant to Government Code Section 54957(b)(1)
Title: Independent Oversight Director to the Santa Ana Police Oversight Commission

4. PUBLIC EMPLOYEE PERFORMANCE EVALUATION pursuant to Government Code Section 54957(b)(1):

TITLE: City Clerk

5. CONFERENCE WITH LABOR NEGOTIATOR pursuant to California Government Code Section 54957.6(a)
Agency Designated Representative: Lori Schnaider, Executive Director of Human Resources
Unrepresented Employee: City Clerk
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
City Manager Alvaro Nuñez
City Attorney Sonia R. Carvalho
City Clerk Jennifer L. Hall
ROLL CALL
PLEDGE OF ALLEGIANCE Mayor Amezcua
WORDS OF INSPIRATION Police Chaplain
ADDITIONS\DELETIONS TO THE AGENDA
CEREMONIAL PRESENTATIONS

1. Proclamation presented by Mayor Amezcua to Human Options declaring October 2024 as Domestic Violence Awareness Month

2. Proclamation presented by Mayor Pro Tem Phan to Smedley Chapter One Club declaringOctober2024asToastmastersMonthinHonoroftheirCentennial City Council 6 10/15/2024
PLEDGE OF ALLEGIANCE Mayor Amezcua
WORDS OF INSPIRATION Police Chaplain
ADDITIONS\DELETIONS TO THE AGENDA
CEREMONIAL PRESENTATIONS

1. Proclamation presented by Mayor Amezcua to Human Options declaring October 2024 as Domestic Violence Awareness Month

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

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

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

5. Engagement and Enforcement on Union Pacific Railroad Right of Way CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed Session.
– Update on Ethics Code Investigations
PUBLIC COMMENTS – Public comments will be held during the beginning of the meeting for ALL comments on agenda and nonagenda items.

CONSENT CALENDAR
RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 6 through 25 and waive reading of all resolutions and ordinances.

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

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

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

City Council 7 10/15/2024
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Meeting of September 17, 2024 held on September 23, 2024 Department(s): City Clerk’s Office
Recommended Action: Approve minutes.

9. Agreements with Serviam By Wright, LLP; Nastich Law, a Professional Corporation; and Palacios Law Office to Provide Administrative Hearing Officer Services (Specification 24052) (General and NonGeneral Fund)
Department(s): Finance and Management Services
Recommended Action: Authorize the City Manager to execute agreements with each of the three firms listed below for Administrative Hearing Officer services on an asneeded basis, in a total aggregate amount not to exceed $1,970,000, for an initial threeyear term beginning October 15, 2024, with a provision for one, twoyear extension exercisable by the City Manager and the City Attorney (Core Agreement No.

A2024XXX).

Firms Location
Serviam By Wright, LLP Irvine, CA
Nastich Law, a Professional Corporation Berkeley, CA
Palacios Law Office Riverside, CA

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

11. Award a Construction Contract to AMG & Associates, Inc. for the Memorial Park Aquatics Center Project (No. 221415) ( NonGeneral Fund) (Revive Santa Ana Program)
Department(s): Public Works Agency
Recommended Action: 1. Approve an appropriation adjustment to recognize $165,000 of accumulated Capital Outlay Fund account balance that will be appropriated for spending in the Capital Outlay Fund, Park Improvements, Building & Building Improvements expenditure account (0511326366200). (Requires five affirmative votes)

2. Approve an appropriation adjustment recognizing $50,000 in the Capital Outlay Fund (Cell Tower) revenue account and appropriate the same amount into the Capital Outlay Fund, Park Improvements, Buildings & Building Improvements expenditure account (0511326366200). (Requires five affirmative votes)

3. Approve an appropriation adjustment reallocating $1,194,500 in general fund from PRSCAServiceEnhancementBuildingandBuildingImprovementstoPublicWorks City Council 8 10/15/2024
Building Improvements expenditure account (0511326366200). (Requires five affirmative votes)

3. Approve an appropriation adjustment reallocating $1,194,500 in general fund from PRSCA Service Enhancement, Building and Building Improvements to Public Works Road Maintenance, Improvements Other than Buildings. This request is a housecleaning matter to expedite the Delhi channel fencing and resolve security and safety concerns. (Requires five affirmative votes)

4. Authorize a budget reallocation of $3,927,265 in unspent funds from various other projects (detailed in the Discussion Section) to construction funds for the Memorial Park Aquatics Center Project (No. 221415).

5. Approve an amendment to the Fiscal Year 20242025 Capital Improvement Program to include an additional $19,897,209 in construction funds for the Memorial Park and Aquatics Renovation Project (No. 221415).

6. Approve the Project Cost Analysis for a total estimated construction delivery cost of $29,339,203, which includes $26,326,548 for the construction contract; $380,000 for contract administration, inspection, and testing; and a $2,632,655 project contingency for unanticipated or unforeseen work due to the complexity and extensive scope of this project.

7. Award a construction contract to AMG & Associates, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $26,326,548, subject to change orders, for construction of the Memorial Park Aquatics Center Project (No. 22 1415), for a term beginning October 15, 2024 and ending upon project completion, and authorize the City Manager to execute the contract.

8. Determine that pursuant to the California Environmental Quality Act the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER202483 was filled for Project No. 221415.

12. Construction Contract for the Construction of a Cul de Sac, Bioswale, and Crosswalk Adjacent to Future Park on 10th Street and Flower Street (No. 221342) ( NonGeneral Fund) (Revive Santa Ana) Department(s): Public Works Agency
Recommended Action: 1. Approve an amendment to the Fiscal Year 20242025 Capital Improvement Program to include an additional $1,845,898 in construction funds for the 10th Street & Flower Street Improvements Project (No. 221342).

2. Approve the Project Cost Analysis for a total estimated construction delivery cost of $1,845,898, which includes $1,476,719 for the construction contract; $221,507 for contract administration, inspection, and testing; and a $147,672 project contingency for unanticipated or unforeseen work due to the complexity and extensive scope of this project.

3. Award a construction contract to Vido Samarzich, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $1,476,719, subject to change orders, for construction of the 10th Street & Flower Street Improvements Project (No. 221342), for a term beginning October 15, 2024 and ending upon project completion, and authorize the City Manager to execute the contract.

4. Approve adoption of a Mitigated Negative Declaration for the 10th & Flower Street City Council 9 10/15/2024
for unanticipated or unforeseen work due to the complexity and extensive scope of this project.

4. Approve adoption of a Mitigated Negative Declaration for the 10th & Flower Street Improvements and future 10th & Flower Park, pursuant to the California Environmental Quality Act. Mitigation measures identified in the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program prepared for the project will be made part of the Construction Contract.

13. Appropriation Adjustment Recognizing Measure M2 Grant Funding; Amend the Fiscal Year 202425 Capital Improvement Program for the Kraemer Boulevard, Glassell Street, Grand Avenue Corridor Regional Traffic Signal Synchronization Project (Project No. 256705)
Department(s): Public Works Agency
Recommended Action: 1. Approve an appropriation adjustment recognizing Measure M2 grant funding in the amount of $4,568,526 into the Public Works Measure M2 Competitive revenue account and appropriate the same amount into the Measure M2 Competitive Street, Improvements Other Than Building expenditure account for future year expenditures. (Requires five affirmative votes)

2. Approve an amendment to the Fiscal Year 202425 Capital Improvement Program to include Measure M2 grant funding in the amount of $4,568,526 for the Kraemer Boulevard, Glassell Street, Grand Avenue Corridor Regional Traffic Signal Synchronization Project (Project No. 256705).

14. Aggregate Purchase Order Contracts to Core & Main LP and Ferguson Enterprises, LLC dba Ferguson WW for Fire Hydrants and Hydrant Parts (Specification No. 24 063) (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Award aggregate purchase order contracts to the vendors listed below for the purchase of fire hydrants and fire hydrant parts on an asneeded basis, in an annual aggregate amount not to exceed $250,000, for an initial oneyear term expiring October 14, 2025, with provisions for four, oneyear renewal options.

Vendor
Core & Main LP
Location
Santa Ana, CA
Ferguson Enterprises, LLC Santa Ana, CA

15. Agreement with Mike Prlich and Sons, Inc., T.E. Roberts, Inc., Big Ben, Inc., and J&L Constructors, Inc. for Large Water Services Vault and Meter Apparatus Improvements (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute agreements with Mike Prlich and Sons, Inc., T.E. Roberts, Inc., Big Ben, Inc., and J&L Constructors, Inc. for large water meter services vault and meter apparatus improvements, for a total aggregate amount not to exceed $7,500,000, for a threeyear term beginning October 152024diiOtb142027ithiiftti
City Council 10 10/15/2024
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Constructors, Inc. for Large Water Services Vault and Meter Apparatus Improvements (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute agreements with Mike Prlich and Sons, Inc., T.E. Roberts, Inc., Big Ben, Inc., and J&L Constructors, Inc. for large water meter services vault and meter apparatus improvements, for a total aggregate amount not to exceed $7,500,000, for a threeyear term beginning October 15, 2024 and expiring October 14, 2027, with a provision for one twoyear extension (Core Agreement No. 2024XXX).

16. Purchase and Sale Agreement and Appropriation Adjustment, in the Same Amount for the Sale of Cityowned Real Property, Formerly Portions of 1601 and 1607 North Bristol Street, to Bristol Center Properties, LLC; Amend Purchase and Sale Agreement with Bristol Center Properties to Extend the Deadline to Open A DriveThru Restaurant or DriveThru Café at 1601 and 1607 North Bristol Street by 18 Months (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Approve an appropriation adjustment recognizing revenue in the amount of $2,989 in the Select Street Construction Fund, Sale of Land revenue account for Fiscal Year 202425 from the sale of Cityowned property formerly portions of 1601 and 1607 North Bristol Street and appropriating the same amount to the OCTA Bristol Street Corridor Improvements, Improvements Other Than Building expenditure account. Receipt of Measure M Street Construction proceeds in the amount of $6,811 will be disbursed to the Orange County Transportation Authority (OCTA). (Requires five affirmative votes)

2. Approve an amendment to the Fiscal Year 202425 Capital Improvement Program to include $2,989 of funding into the Bristol Street Improvements Project (No. 11 6741).

3. Authorize the City Manager to execute a purchase and sale agreement with Bristol Center Properties, LLC for the sale of 392 square feet of Cityowned property formerly portions of 1601 and 1607 North Bristol Street (APN 40525221 & 22), in the amount of $9,800 (Agreement No. A2024XXX).

4. Authorize the City Manager to execute the first amendment to the agreement with Bristol Center Properties to extend the deadline to open for business to the public for a drivethru restaurant or drivethru café at 1601 and 1607 North Bristol Street by 18 months (Agreement No. A2024XXX).

17. Cooperative Agreement with Orange County Transportation Authority for the McFadden Avenue Transit Signal Priority Pilot Project (Project No. 256030) (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: 1. Approve an appropriation adjustment recognizing Regional Early Action Planning 2.0 funding in the amount of $3,690,000 into the Public ServicesStreet Safety Projects, State GrantIndirect revenue account and appropriate the same amount into the Regional Early Action Planning Grant, Improvements Other Than Building expenditure account. (Requires five affirmative votes)

2. Authorize the City Manager to execute a cooperative agreement with Orange County Transportation Authority in an amount not to exceed $3,690,000, for the designconstructionandevaluationoftheMcFaddenAvenueTransitSignalPriority City Council 11 10/15/2024
Recommended Action: 1. Approve an appropriation adjustment recognizing Regional Early Action Planning 2.0 funding in the amount of $3,690,000 into the Public ServicesStreet Safety Projects, State GrantIndirect revenue account and appropriate the same amount into the Regional Early Action Planning Grant, Improvements Other Than Building expenditure account. (Requires five affirmative votes)

2. Authorize the City Manager to execute a cooperative agreement with Orange County Transportation Authority in an amount not to exceed $3,690,000, for the design, construction, and evaluation of the McFadden Avenue Transit Signal Priority Pilot Project, effective upon full approval of the agreement through December 31, 2026, with the option to be extended (Agreement No. A2024XXX).

3. Approve an amendment to the Fiscal Year 202425 Capital Improvement Program to include $3,690,000 in design and construction funds for the McFadden Avenue Transit Signal Priority Pilot Project (No. 256030).

18. Conditional Grant Agreement and Affordable Housing Regulatory Agreement with Declaration of Covenants and Restrictions with Illumination Foundation (NonGeneral Fund)
Department(s): Community Development Agency
Recommended Action: Authorize the City Manager to execute a conditional grant agreement and regulatory agreement with Illumination Foundation for $2,021,319 in Homeless Housing, Assistance and Prevention Program Round 1, 2, and 3 funds for the development of the Richard Lehn Intergenerational Housing Project located at 918 Bewley Street (APN 19823110) (Agreement No. A2024XXX).

19. Amendments to the Memorandums of Understanding between the City of Santa Ana and the Confidential Association of Santa Ana (CASA), the Santa Ana Management Association (SAMA), and the Service Employees International Union Local 721 (SEIU)
Department(s): Human Resources
Recommended Action: Authorize the City Manager to execute the amendments to the Memorandums of Understanding (MOU) of three labor groups in order to modify and delineate specific articles of the MOUs (Agreement Nos. 2024XXX, 2024XXX, and 2024XXX).

Second Amendment to the Memorandum of Understanding (MOU) between the City of Santa Ana and the Confidential Association of Santa Ana (CASA) for the period of July 1, 2022 through June 30, 2025
First Amendment to the Memorandum of Understanding (MOU) between the City of Santa Ana and the Santa Ana Management Association (SAMA) for the period of July 1, 2022 through June 30, 2025
First Amendment to the Memorandum of Understanding (MOU) between the City of Santa Ana and the Service Employees International Union Local 721 (SEIU) for the period of July 1, 2022 through June 30, 2025

20. Amendment to Agreement with Sunny Hills Associates, Inc. for Property Restoration Services (NonGeneral Fund)
Department(s): Human Resources
Recommended Action: Authorize the City Manager to execute an amendment to the agreement with Sunny Hills Associates, Inc. for property restoration services to City Council 12 10/15/2024
CtyoSataaadteSataaaageetssocato(S)ote
period of July 1, 2022 through June 30, 2025
First Amendment to the Memorandum of Understanding (MOU) between the City of Santa Ana and the Service Employees International Union Local 721 (SEIU) for the period of July 1, 2022 through June 30, 2025

20. Amendment to Agreement with Sunny Hills Associates, Inc. for Property Restoration Services (NonGeneral Fund)
Department(s): Human Resources
Recommended Action: Authorize the City Manager to execute an amendment to the agreement with Sunny Hills Associates, Inc. for property restoration services to increase the nottoexceed amount by $50,000, for aggregate compensation up to $100,000, under for the term of April 1, 2022 through March 31, 2026 (Agreement No.

A2024XXX).

21. Agreement with Ravenswood Studio, Inc. to Custom Fabricate, Deliver, and Install Children’s Interactive Exhibits for the Main Library Renovation Project (Specification No. 24107) (Project No. 251380) (General Fund)
Department(s): Library
Recommended Action: Authorize the City Manager to execute an agreement with Ravenswood Studio, Inc. to provide custom fabrication, delivery, and installation of children’s interactive exhibits for the Main Library Transformation Project, in the amount of $852,535, plus a 10% contingency amount of $85,253, for a total amount not to exceed $937,788, for a term expiring December 31, 2026, with a provision for one 1year extension (Agreement No. A2024XXX).

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

23. Historic Property Preservation Agreements for the Properties Located at 214218 W. 4th Street, 2539 N. French Street, 1113 W. Riviera Street, 2312 N. Spurgeon Street, and 1106 S. Parton Street
Department(s): Planning and Building Agency
Recommended Action: Authorize the City Manager to execute the attached Mills Act agreements with the belowreferenced property owners for the identified structure(s) (Agreement Nos. A2024XXX, A2024XXX, A2024XXX, A2024XXX and A2024XXX). [Includes determination that the proposed projects are exempt from further review in accordance with the California Environmental Quality Act as the following Categorical Exemptions will be filed: ER No. 202467, ER202468, ER202469, ER202470, and ER202471] Table 1: Mills Act Agreements Approved by the Historic Resources Commission (HRC)
Property Owner(s)
Historic Property
PreservationAddress/House Vote by HRC
City Council 13 10/15/2024
and A2024XXX). [Includes determination that the proposed projects are exempt from further review in accordance with the California Environmental Quality Act as the following Categorical Exemptions will be filed: ER No. 202467, ER202468, ER202469, ER202470, and ER202471] Table 1: Mills Act Agreements Approved by the Historic Resources Commission (HRC)
Property Owner(s)
Historic Property
Preservation
Agreement No.

Address/House Vote by HRC
Liennette Chung,
Wild Orchid
Investments, LLC
202220 214
218 W. 4th
Street
6:0:0:3
(Commissioners
Escamilla, Rincon, and
Murashie absent)
FrançoisXavier and
Roxana Fyad 202409 2539 N. FrenchStreet
7:0:0:2
(Commissioners
Rincon and Murashie
absent)
Charles A. and Molly
H. Martin 202410 1113 W. RivieraDrive
6:0:0:3
(Commissioners
Escamilla, Rincon, and
Murashie absent)
Carter and Chelsea
Sapp 202411 2312 N.Spurgeon Street
7:0:0:2
(Commissioners
Rincon and Murashie
absent)
Jennifer Schutza 202412 1106 S. Parton
Street
6:0:0:3
(Commissioners
Escamilla, Rincon, and
Murashie absent)

24. Application to the California State Department of Housing and Community Development for the Prohousing Designation Program under the Permanent Regulations
Department(s): Planning and Building Agency
Recommended Action: Adopt a resolution authorizing application to the California State Department of Housing and Community Development Prohousing Designation Program.

RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING APPLICATION TO AND PARTICIPATION IN THE PROHOUSING DESIGNATION PROGRAM

25. Amendment Application No. 202303 and Development Agreement No. 202302 for Related Bristol Specific Plan Amendment Application and Development Agreement Ordinances (3600 S Bristol Street) (Second Readings)
First reading October 1, 2024 City Council meeting and approved by a vote of (601, Phan abstaining due to recusal).

Department(s): Planning and Building Agency
Recommended Action:

1. Conduct a second reading and adopt an ordinance approving Amendment Application(AA)No202303
City Council 14 10/15/2024
eatedstoSpeccaedetppcatoadeeopetgeeet
Ordinances (3600 S Bristol Street) (Second Readings)
First reading October 1, 2024 City Council meeting and approved by a vote of (601, Phan abstaining due to recusal).

Department(s): Planning and Building Agency
Recommended Action:

1. Conduct a second reading and adopt an ordinance approving Amendment Application (AA) No. 202303.

ORDINANCE NO. NS3070 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 202303 TO ESTABLISH THE RELATED BRISTOL SPECIFIC PLAN (SP NO. 5) AND TO APPROVE A ZONE CHANGE FOR THE 41ACRE SITE GENERALLY LOCATED AT 3600 BRISTOL STREET FROM GENERAL COMMERCIAL (C2) AND COMMERCIAL RESIDENTIAL (CR) TO RELATED BRISTOL SPECIFIC PLAN (SP NO. 5)

2. Conduct a second reading and adopt an ordinance approving Development Agreement No. 202302.

ORDINANCE NO. NS3071 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING DEVELOPMENT AGREEMENT NO. 2023 02 FOR A MIXEDUSE DEVELOPMENT, KNOWN AS THE RELATED BRISTOL SPECIFIC PLAN PROJECT, AT 3600 BRISTOL STREET BETWEEN THE CITY OF SANTA ANA AND GREENVILLE RANCH LLC, BSG WEST BRISTOL LLC, AND MCG BRISTOL WEST LLC

3. Determine that, pursuant to the California Environmental Quality Act (CEQA), the ordinances’ second readings are covered by the Final Supplemental Environmental Impact Report (SEIR) No. 202201 (SCH No. 2020029087), including environmental findings of fact pursuant to the California Environmental Quality Act, the Statement of Overriding Considerations, and the Mitigation Monitoring and Reporting Program that were certified and adopted by the City Council on October 1, 2024 for the project (Notice of Determination filed on October 2, 2024).
**END OF CONSENT CALENDAR**
CITY MANAGER COMMENTS
COUNCIL COMMENTS
AB1234 DISCLOSURE – If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended.

ADJOURNMENT – Adjourn the City Council meeting.

Future Items

1. Conflict of Interest Code Amendments

2. 2025 City Council Meeting Calendar
POSTING STATEMENT: On October 8, 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 tomeetingsatsantaana.org/agendasandminutes.

City Council 15 10/15/2024
Future Items

1. Conflict of Interest Code Amendments

City Council 16 10/15/2024
CITY COUNCIL 1 SEPTEMBER 17, 2024
SEPTEMBER 23, 2024
DRAFT Minutes of the Regular Meeting and
Adjourned Regular Meeting
of the City Council
City of Santa Ana,
California
September 17, 2024
September 23, 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 4:39 P.M on September 17, 2024.

ATTENDANCE Council Members Phil Bacerra
Johnathan Ryan Hernandez
Jessie Lopez
David Penaloza
Benjamin Vazquez
Mayor Pro Tem Thai Viet Phan
Mayor Valerie Amezcua
City Manager Alvaro Nuñez
City Attorney Sonia R. Carvalho
City Clerk Jennifer L. Hall
City Council 7 – 1 10/15/2024
CITY COUNCIL 2 SEPTEMBER 17, 2024
SEPTEMBER 23, 2024

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

Councilmembers Penaloza and Vazquez, Mayor Pro Tem Phan, and Mayor Amezcua were present. Councilmembers Bacerra, Hernandez, and Lopez arrived during Closed Session.

ADDITIONS\DELETIONS TO CLOSED SESSION
MINUTES: None.

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

MINUTES: City Clerk Jennifer L. Hall stated one public comment was received via email regarding Closed Session Agenda Item No. 2.

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 4:40 P.M.

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

James V. Lacy, et al. v. Jennifer Hall, in her official capacity as Santa Ana City Clerk, et al.

Orange County Superior Court Case No. 30-2024-01402208-CU-WM-CJC

2. CONFERENCE WITH LEGAL COUNSEL – INITIATION OF LITIGATION pursuant to Paragraph (4) of subdivision (d) of Government Code Section 54956.9:
• One (1) case – Union Pacific

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

Agency Negotiator: Lori Schnaider, Executive Director of Human Resources Employee Organization: Service Employee International Union Local 721, PartTime Non-Civil Service Employees City Council 7 – 2 10/15/2024
CITY COUNCIL 3 SEPTEMBER 17, 2024
SEPTEMBER 23, 2024

4. PUBLIC EMPLOYEE APPOINTMENT pursuant to Government Code Section 54957(b)(1)
Title: Independent Oversight Director to the Santa Ana Police Oversight Commission
CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed Session.

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

CITY COUNCIL REGULAR OPEN SESSION

CALL TO ORDER
MINUTES: Mayor Amezcua reconvened the City Council Meeting to order at 6:11 P.M.

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

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

Councilmembers Bacerra, Hernandez, Lopez, Penaloza (arrived at 6:54 P.M.), and Vazquez, Mayor Pro Tem Phan, and Mayor Amezcua were present.

PLEDGE OF ALLEGIANCE Susana Rios
WORDS OF INSPIRATION Pastor Matt Doan, Calvary Church Santa Ana ADDITIONS\DELETIONS TO THE AGENDA
MINUTES: City Clerk Jennifer L. Hall announced the removal of Agenda Item No. 18 from the agenda.

City Council 7 – 3 10/15/2024
CITY COUNCIL 4 SEPTEMBER 17, 2024
SEPTEMBER 23, 2024

CEREMONIAL PRESENTATIONS

1. Proclamation presented by Mayor Amezcua to the Orange County Hunger Alliance declaring September 2024 as Hunger Action Month MINUTES: Mayor Amezcua presented a proclamation to the Orange County Hunger Alliance declaring September 2024 as Hunger Action Month.

2. Proclamation presented by Mayor Pro Tem Phan to Alzheimer’s Orange County declaring September 2024 as World Alzheimer's Month MINUTES: Mayor Pro Tem Phan presented a proclamation to Alzheimer’s Orange County declaring September 2024 as World Alzheimer’s Month.

3. Proclamation presented by Councilmember Bacerra to Bochasanwasi Akshar Purushottam Swaminarayan Sanstha (BAPS) in Commemoration of their 50- year Anniversary
MINUTES: Councilmember Bacerra presented a proclamation to Bochasanwasi Akshar Purushottam Swaminarayan Sanstha (BAPS) in commemoration of their 50- year Anniversay.

4. Proclamation presented by Councilmember Lopez to the Orange County Health Care Agency’s Behavioral Health Team declaring September 2024 as National Recovery Month
MINUTES: Councilmember Lopez presented a proclamation to the Orange County Health Care Agency’s Behavioral Health Team declaring September 2024 as National Recovery Month.

5. Proclamation presented by Councilmember Vazquez to the Kiwanis, Lyons, Elks, and Rotary Clubs declaring September 2024 as Service Club Organizations Month
MINUTES: Councilmember Vazquez presented a proclamation to Kiwanis, Lyons, Elks, and Rotary Clubs declaring September 2024 as Service Club Organizations Month.

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

MINUTES: City Attorney Sonia Carvalho reported that for Closed Session Agenda Item No. 1, the City Council approved the settlement payment of attorney’s fees in the amount of $35,042 (VOTE: 4-3. AYES: Mayor Pro Tem Phan and Councilmembers Hernandez, Lopez, and Vazquez. NOES: Mayor Amezcua and Councilmembers Bacerra and Penaloza.)
City Council 7 – 4 10/15/2024
CITY COUNCIL 5 SEPTEMBER 17, 2024
SEPTEMBER 23, 2024
AGENDA ITEM NO. 8 WAS CONSIDERED OUT OF ORDER

8. Appoint Alejandra Rodriguez Nominated by Councilmember Penaloza as the Ward 6 Representative to the Historic Resources Commission for a Partial Term Expiring December 8, 2026
Department(s): City Clerk’s Office
Recommended Action: Appoint Alejandra Rodriguez to the Historic Resources Commission as the Ward 6 representative and administer the Oath of Office.

MOTION: Councilmember Hernandez moved to approve the recommended action for Item No. 8, 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 Clerk Jennifer L. Hall administered the Oath of Office to Historic Resources Commissioner Alejandra Rodriguez.

AGENDA ITEM NO. 22 WAS CONSDERED OUT OF ORDER
PUBLIC COMMENTS – Members of the public may address the City Council on each of the Public Hearing items.

MINUTES: At 6:57 P.M., the Public Hearing was considered.

Mayor Pro Tem Phan recused herself from Agenda Item No. 22 as the listed entity, Callen’s Trust, is a client of her employer, Rutan and Tucker, and left the dais at 6:58 P.M.

PUBLIC HEARINGS
City Council 7 – 5 10/15/2024
CITY COUNCIL 6 SEPTEMBER 17, 2024
SEPTEMBER 23, 2024

22.Public Hearing: Amendment Application (Zone Change) No. 2023-03, Development Agreement No. 2023-02, Vesting Tentative Tract Map No. 2023- 01, and Overrule of the Orange County Airport Land Use Commission’s Determination of Inconsistency for the Related Bristol Specific Plan Entitlements and Development Agreement (3600 S. Bristol Street) and Resolution Modifying Parking Districts in the Surrounding Area Legal notice published in the OC Register and OC Reporter on September 6, 2024 and notices mailed on same date.

Department(s): Planning and Building Agency
Recommended Action:

1. Adopt a resolution to (1) certify the Final Supplemental Environmental Impact Report (SEIR) No. 2022-01 (SCH No. 2020029087), including adoption of environmental findings of fact pursuant to the California Environmental Quality Act, (2) adopt a Statement of Overriding Considerations, and (3) adopt the Mitigation Monitoring and Reporting Program;
RESOLUTION NO. 2024-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA (1) CERTIFYING THE FINAL

SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT FOR THE RELATED BRISTOL SPECIFIC PLAN PROJECT (SCH NO. 2020029087), (2) ADOPTING

ENVIRONMENTAL FINDINGS OF FACT AND STATEMENT OF OVERRIDING

CONSIDERATION CONSIDERATIONS FOR THE PROJECT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND (3) ADOPTING

THE MITIGATION MONITORING AND REPORTING PROGRAM

2. Adopt a resolution overruling the Orange County Airport Land Use Commission’s determination that the Related Bristol Specific Plan is inconsistent with the Airport Environs Land Use Plan, including supportive findings; RESOLUTION NO. 2024-XXX entitled A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, OVERRULING THE ORANGE COUNTY AIRPORT LAND USE COMMISSION’S DETERMINATION

THAT THE PROPOSED RELATED BRISTOL SPECIFIC PLAN IS

INCONSISTENT WITH THE AIRPORT ENVIRONS LAND USE PLAN FOR

JOHN WAYNE AIRPORT, INCLUDING SUPPORTIVE FINDINGS

3. Conduct a first reading and adopt an ordinance approving Amendment Application No. 2023-03 to establish the Related Bristol Specific Plan No. 5 and to approve a zone change for the Property located at 3600 Bristol Street from General Commercial (C2) and Commercial Residential (CR) to Related Bristol Specific Plan (SP No. 5);
City Council 7 – 6 10/15/2024
CITY COUNCIL 7 SEPTEMBER 17, 2024
SEPTEMBER 23, 2024
ORDINANCE NO. NS-XXXX entitled AN ORDINANCE OF THE CITY COUNCIL

OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 2023-03 TO ESTABLISH THE RELATED BRISTOL SPECIFIC PLAN (SP NO. 5) AND TO APPROVE A ZONE CHANGE FOR THE 41-ACRE SITE GENERALLY LOCATED AT 3600 BRISTOL STREET FROM GENERAL
COMMERCIAL (C2) AND COMMERCIAL RESIDENTIAL (CR) TO RELATED BRISTOL SPECIFIC PLAN (SP NO. 5);

4. Conduct a first reading and adopt an ordinance approving Development Agreement No. 2023-02;
ORDINANCE NO. NS-XXXX entitled AN ORDINANCE OF THE CITY COUNCIL

OF THE CITY OF SANTA ANA APPROVING DEVELOPMENT AGREEMENT NO. 2023-02 FOR A MIXED-USE DEVELOPMENT, KNOWN AS THE
RELATED BRISTOL SPECIFIC PLAN PROJECT, AT 3600 BRISTOL STREET

BETWEEN THE CITY OF SANTA ANA AND GREENVILLE RANCH LLC, BSG WEST BRISTOL LLC, AND MCG BRISTOL WEST LLC;

5. Adopt a resolution approving Vesting Tentative Tract Map No. 2023-01 (County Map No. 19272), as conditioned; and
RESOLUTION NO. 2024-XXX entitled A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF SANTA ANA APPROVING VESTING TENTATIVE TRACT MAP NO. 2023-01 (COUNTY MAP NO. 19272), AS CONDITIONED,

FOR A MIXED-USE DEVELOPMENT, KNOWN AS THE RELATED BRISTOL SPECIFIC PLAN PROJECT, AT THE 41-ACRE SITE GENERALLY LOCATED AT 3600 BRISTOL STREET;
Concurrently and as a separate implementation action of the General Plan Update (2022), it is recommended that the City Council take the following action:

6. Adopt a Resolution Amending Resolution No. 91-088, Resolution No. 93-076, and Resolution No. 2000-062 modifying procedures for participating in the South Coast, the Sandpointe, and the South Metro Permit Parking Districts.

RESOLUTION NO. 2024-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING RESOLUTION NO. 91- 088, RESOLUTION NO. 93-076 AND RESOLUTION NO. 2000-062

REGARDING PERMIT PARKING DISTRICT PETITIONS
MINUTES: Planning and Building Executive Director Minh Thai gave a presentation regarding the Related Bristol Project.

Mayor Amezcua opened the Public Hearing at 7:40 P.M.

City Council 7 – 7 10/15/2024
CITY COUNCIL 8 SEPTEMBER 17, 2024
SEPTEMBER 23, 2024
The following speakers addressed the City Council in person:

1. Bill Witte, Steven Oh, and Alice Callens, Applicants, spoke regarding affordable development projects, the project site, infrastructure, benefits to the community, and in support of the project.

City Clerk Jennifer L. Hall reported out the summary of email comments received:
406 for Agenda Item No. 22.

2. Lawna Munholland spoke in support of the project.

3. Doug Mangione spoke regarding IBEW and expressed concern regarding the lack of agreement with the LA and Orange County building trades.

4. Thomas Drennan spoke regarding Local 12 and requested the project be postponed and there be an agreement with the LA and Orange County building trades.

5. Brent Beasley spoke in opposition to the project.

6. Michael Wingen spoke in opposition to the project.

7. Randy Wetmur spoke in opposition to the project.

8. Roy Afusia spoke in opposition to the project.

9. Jeff Ball spoke in support of the project.

10.Giovanni Sabrano spoke in opposition to the project.

11.Joshua Lopez Acosta spoke in support of the project.

12.Michael Hixson spoke in support of the project.

13.Miguel Bautista spoke in support of the project.

14.Christa Sheehan spoke in support of the project.

15.Dave Elliott spoke in support of the project.

16.Dale Helvig spoke in support of the project.

17.Irma Jauregui spoke in support of the project.

18.Claire Charbonnet spoke in support of the project.

19.Nicole Suydam spoke in support of the project.

City Council 7 – 8 10/15/2024
CITY COUNCIL 9 SEPTEMBER 17, 2024
SEPTEMBER 23, 2024

20.Reuben Franco spoke in support of the project.

21.Alex Zamora spoke in support of the project.

22.Fernando Ochoa requested a continuation on the item.

23.Ed Nochez spoke in support of the project.

24.Larry Marshburn spoke in support of the project.

25.Leonard De La Rosa requested a continuation on the item.

26.Alex Gonzalez requested a continuation on the item.

27.Art Lopez requested a continuation on the item.

28.Matt Ward requested a continuation on the item.

29.Shuntele Andrews expressed concern regarding traffic mitigation efforts and requested an oversight commission.

30.John Melendes spoke regarding quality labor work and employing labor unions.

31.Jason Guralnick spoke in support of the project.

32.Victor Mendez spoke in support of the project.

Mayor Amezcua recessed the meeting at 8:45 P.M.

Mayor Amezcua reconvened the meeting to order at 8:59 P.M.

33.Ana Laura Padilla spoke in support of the project.

34.Patrick Strader addressed labor concerns and spoke in support of the project.

35.Steven Oh spoke regarding the Related Bristol Project’s labor, financing, elements, and timeline.

There being no additional speakers, Mayor Amezcua closed the Public Hearing at 9:09 P.M.

Councilmember Hernandez spoke regarding the project and expressed concern regarding the workforce development agreements, and requested the continuance of the item to the October 1 City Council meeting.

City Council 7 – 9 10/15/2024
CITY COUNCIL 10 SEPTEMBER 17, 2024
SEPTEMBER 23, 2024
Councilmember Penaloza spoke regarding the project, expressed concern regarding the workforce development agreements, and requested the continuance of the item to the October 1 City Council meeting.

Councilmember Vazquez spoke regarding the project and expressed concern regarding the workforce development agreements.

Councilmember Lopez spoke regarding the project.

Councilmember Bacerra spoke regarding the project, expressed concern regarding the workforce development agreements, and requested the continuance of the item to the October 1 City Council meeting.

Councilmember Penaloza spoke regarding TOT tax, asked why there is only one hotel and why, and inquired how many units will be available for sale.

Mayor Amezcua asked for clarification regarding traffic and noise mitigation efforts.

Councilmember Bacerra requested specificity in construction routes and type of grocery stores.

Councilmember Hernandez requested a union grocery store and an equitable plan for community benefits.

Mayor Amezcua requested the establishment of an oversight committee to discuss the spending of the community benefit payment and clarification regarding traffic signals and construction routes.

Brief discussion ensued regarding the community benefits plan, CWA requirements, and traffic signals and routes.

City Attorney Sonia Carvalho briefly addressed the City’s CWA requirements.

Councilmember Lopez requested the information and issues discussed and addressed by the Council and Ad Hoc Committee.

City Council 7 – 10 10/15/2024
CITY COUNCIL 11 SEPTEMBER 17, 2024
SEPTEMBER 23, 2024
MOTION: Councilmember Hernandez moved to continue the Public Hearing Item No. 22 to the October 1, 2024 City Council meeting, seconded by Councilmember Penaloza.

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

AYES:

NOES:

ABSTAIN:

ABSENT:

COUNCILMEMBER BACERRA, COUNCILMEMBER

HERNANDEZ, COUNCILMEMBER LOPEZ,

COUNCILMEMBER PENALOZA, COUNCILMEMBER

VAZQUEZ, MAYOR AMEZCUA
NONE
MAYOR PRO TEM PHAN (recusal)
NONE
Status: 6-0-1 – Pass
AGENDA ITEM NO. 21 WAS CONSIDERED OUT OF ORDER
MINUTES: At 9:31 P.M., the Business Calendar was considered.

Mayor Pro Tem Phan returned to the dais at 9:32 P.M.

21.Resolution of the City Council of the City of Santa Ana Demonstrating Its Support of Proposition 36
Department(s): City Manager’s Office
Recommended Action: Adopt a Resolution supporting Proposition 36, which appears on the November 5, 2024, ballot and proposes changes to current laws to allow increased penalties for certain theft and drug crimes, as well as measures for rehabilitation and treatment for drug-related offenses.

RESOLUTION NO. 2024-050 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA IN SUPPORT OF PROPOSITION 36: THE

HOMELESSNESS, DRUG ADDICTION, AND THEFT REDUCTION ACT

INITIATIVE
MINUTES: City Clerk Jennifer L. Hall reported out the summary of email comments received: 49.

The following speakers addressed City Council in-person:

1. Tanya Navarro spoke in opposition to the item.

BUSINESS CALENDAR
City Council 7 – 11 10/15/2024
CITY COUNCIL 12 SEPTEMBER 17, 2024
SEPTEMBER 23, 2024

2. Sandra spoke in opposition to the item.

3. Bulmaro Vicente, Chispa, spoke in opposition to the item.

4. John Ramirez spoke in support of the item.

5. Victor Mendez spoke in support of the item.

6. Ana Laura Padilla spoke in support of the item.

7. Danny Vega spoke in support of the item.

The following speakers addressed City Council via teleconference:

8. Ed Little spoke in opposition to the item.

Mayor Amezcua spoke regarding Propositions 47, 57, and 8109, detox programs, and spoke in support of the item.

Councilmember Hernandez spoke regarding gang violence and intervention and in opposition to the item.

Councilmember Vazquez spoke in opposition to the item.

Councilmember Bacerra spoke regarding treatment and in support of the item.

Councilmember Penaloza spoke regarding ongoing drug issues in the community and in support of the item.

Councilmember Lopez spoke regarding Prop. 36 and asked for clarification regarding punishment for crimes related to the proposition.

Commander Andrade spoke regarding prosecutorial discretion.

Councilmember Bacerra addressed community concerns and statistics.

Mayor Pro Tem Phan spoke regarding the different aspects of the proposition and in support of the item.

Councilmember Vazquez asked who the item was from.

City Manager Alvaro Nuñez stated it was presented at the direction of the Mayor.

Brief discussion ensued regarding the mayor’s provision to agendize items.

City Council 7 – 12 10/15/2024
CITY COUNCIL 13 SEPTEMBER 17, 2024
SEPTEMBER 23, 2024
MOTION: Councilmember Lopez moved to continue discussion to a later date, seconded by Councilmember Hernandez.

Motion was withdrawn as Mayor Amezcua agreed to allow continued discussion.

Councilmember Lopez expressed concern regarding Prop 36.

Councilmember Penaloza spoke regarding agencies that have supported Prop. 36.

MOTION: Councilmember Penaloza moved to approve the recommended action for Item No. 21, seconded by Mayor Amezcua.

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
**END OF BUSINESS CALENDAR**
PUBLIC COMMENTS – Public comments will be held during the beginning of the meeting for ALL comments on agenda and non-agenda items.

MINUTES: City Clerk Jennifer L. Hall reported out the summary of email comments received: nine (9) non-agenda comments, two (2) Item No. 10, one (1) Item No. 12, and one (1) Item No. 19.

The following speakers addressed City Council in-person:

1. Dale Helvig thanked the Parks, Recreation, and Community Services Agency for the installation of lighting at Santiago Park and requested the Council approve Agenda Item No. 15.

2. Mike Tardif expressed concern regarding the Transit Zoning Code related to SD 84.

3. Bob Adams spoke regarding Adams Iron and expressed concern regarding the Transit Zoning Code related to SD 84.

4. Sara Guerrero spoke in support of Agenda item No. 10.

City Council 7 – 13 10/15/2024
CITY COUNCIL 14 SEPTEMBER 17, 2024
SEPTEMBER 23, 2024
City Attorney Sonia Carvalho announced that pursuant to Resolution No. 2023-047 all meetings are scheduled to terminate at 11:59 P.M. on the same day it began and at 11:00 P.M. the City Council shall determine which of the remaining agenda items can be considered and acted upon prior to 11:59 P.M. and will continue all other items.

Brief discussion ensued regarding the consideration of the remaining items on the agenda.

5. Victor Mendez spoke in support of alcohol sales at the stadium, generating additional revenue, and long term solutions.

6. Eddie Miller spoke in support of the Art Walk and Agenda Item No. 10.

7. Ana Laura Padilla requested Council support Agenda Item No. 12, and thanked the Parks, Recreation, and Community Services Agency for bringing Fiestas back to Fourth Street.

The following speakers addressed City Council via teleconference:

8. Debra Russel spoke regarding the Art Walk.

9. Mark Neri spoke regarding parking issues at Santa Ana Triangle and French Court and gave suggestion for the city website.

10.Jessica Hernandez spoke regarding parking restrictions and gang activity.

MOTION: Mayor Amezcua moved to continue the City Council meeting to Monday, September 23, 2024 at 5:30 P.M., seconded by Councilmember Hernandez.

SUBSTITUTE MOTION: Councilmember Penaloza moved to address the consent calendar prior to 11:45 P.M. and continue the rest of the items to September 23, 2024 at 5:30 P.M., seconded by Mayor Pro Tem Phan.

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

AYES:

NOES:

ABSTAIN:

ABSENT:

COUNCILMEMBER BACERRA, COUNCILMEMBER

PENALOZA, COUNCILMEMBER VAZQUEZ, MAYOR PRO

TEM PHAN

COUNCILMEMBER HERNANDEZ, COUNCILMEMBER

LOPEZ, MAYOR AMEZCUA
NONE
NONE
Status: 4 – 3 – Pass
City Council 7 – 14 10/15/2024
CITY COUNCIL 15 SEPTEMBER 17, 2024
SEPTEMBER 23, 2024
RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 6 through 20 and waive reading of all resolutions and ordinances.

MINUTES: At 11:17 P.M., the Consent Calendar was considered.

Councilmember Hernandez requested to comment on Agenda Item Nos. 10 and 11 and pulled Agenda Item No. 12 for separate discussion and consideration.

Councilmember Bacerra pulled Agenda Item No. 10 for separate discussion and consideration.

Councilmember Vazquez requested to comment on Agenda Item Nos. 10 and 11.

Councilmember Lopez pulled Agenda Item Nos. 12 and 19 for separate discussion and consideration.

City Manager Alvaro Nuñez requested Agenda Item No. 18 be heard at the September 23, 2024 meeting.

MOTION: Councilmember Hernandez moved to approve Consent Calendar Item Nos. 6 through 20 with the exception of Agenda Item Nos. 10, 12, 18 and 19 pulled for separate discussion and consideration on Monday, September 23, 2024 City Council meeting at 5:30 P.M., and Agenda Item No. 8 already approved., seconded by Councilmember Bacerra.

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

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

CONSENT CALENDAR
City Council 7 – 15 10/15/2024
CITY COUNCIL 16 SEPTEMBER 17, 2024
SEPTEMBER 23, 2024

7. Minutes from the Regular Meeting of August 20, 2024
Department(s): City Clerk’s Office
Recommended Action: Approve minutes.

8. AGENDA ITEM NO. 8 CONSIDERED OUT OF ORDER AND HEARD PRIOR TO PUBLIC HEARING ITEM NO. 22

9. Appropriation Adjustment Recognizing $15,803 in California State Library Funding (General Fund)
Department(s): Library
Recommended Action: Approve an appropriation adjustment to recognize $15,803 in California State Library California Library Services Act funds in the Library Miscellaneous Income revenue account and appropriate the same into the Library Tech and Support Services, Computer Software Subscriptions expenditure account, to apply toward Library e-resources. (Requires five affirmative votes)

10.AGENDA ITEM NO. 10 WAS PULLED FOR SEPARATE DISCUSSION AND CONSIDERATION ON MONDAY, SEPTEMBER 23, 2024

11.Amendment to the Facilities Use Agreement with the Training and Research Foundation to Add the Logan Community Center as a Service Location to Provide Licensed Afterschool Programming Until the End of the 2024-2025 School Year
Department(s): Parks, Recreation, and Community Services Recommended Action: Authorize the City Manager to execute an amendment to the facilities use agreement with the Training Research Foundation (TRF) to add the Logan Community Center as a service location to provide childcare services to Santa Ana children and families, increasing the monthly fee by $600 for a monthly total fee of $2,600 for 10 months, from September 1, 2024 through June 30, 2025. (Agreement No. A-2024-141).

12.AGENDA ITEM NO. 12 WAS PULLED FOR SEPARATE DISCUSSION AND CONSIDERATION ON MONDAY, SEPTEMBER 23, 2024

13.Agreement with Valley Maintenance Corporation for Janitorial Services at Various City Locations (RFP No. 24-076) (General Fund and Non-General Fund)
Department(s): Public Works Agency
City Council 7 – 16 10/15/2024
CITY COUNCIL 17 SEPTEMBER 17, 2024
SEPTEMBER 23, 2024
Recommended Action: Authorize the City Manager to execute an agreement with Valley Maintenance Corporation for Janitorial Services at various locations in an amount not to exceed $6,503,284, for the term beginning November 1, 2024 and expiring October 31, 2027, with provisions for one, two-year extension (Agreement No. A-2024-142).

14.Agreement with TSG Enterprises, Inc. DBA The Solis Group for Labor Compliance and Community Workforce Agreement Professional Administration Services (Non-General Fund) (RFP #24-084) Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute an agreement with The Solis Group for Community Workforce Agreement professional administration services to provide professional services in overseeing and monitoring labor compliance requirements, for a three-year term beginning September 17, 2024 and expiring on September 16, 2027, with the provision for one, two-year extension, in an amount not to exceed $2,000,000 (Agreement No. A-2024-143).

15.Construction Contract with Armstrong Cal Builders Inc. for the Santiago Park Main Street Entrance Project (Project No. 20-2731) (Non-General Fund) Department(s): Public Works Agency
Recommended Action:

1. Approve an appropriation adjustment recognizing $2,807,000 in the Parks Capital Grants, State Grant-Direct revenue account and appropriate the same amount into the Parks Capital Grants, Improvements Other Than Buildings expense account. (Requires five affirmative votes)

2. Approve an appropriation adjustment recognizing $400,000 in the Residential Development District 2, Prior Year Carry Forward revenue account and appropriate the same amount into Residential Development District 2, Improvements Other Than Building expense account. (Requires five affirmative votes)

3. Approve the Project Cost analysis for a total estimated construction delivery cost of $3,207,000, which includes $2,763,816, for the construction contract; $166,802 for contract administration, inspection, and testing; and a $276,382 project contingency for unanticipated or unforeseen work.

4. Approve an amendment to the Fiscal Year 2024-25 Capital Improvement Program to include $3,207,000 in construction funds for the Santiago Park Main Street Entrance Project.

City Council 7 – 17 10/15/2024
CITY COUNCIL 18 SEPTEMBER 17, 2024
SEPTEMBER 23, 2024

5. Award a construction contract to Armstrong Cal Builders Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $2,763,816, subject to change orders, for construction of the Santiago Park Main Street Entrance Project (No. 20-2731) for a term beginning September 17, 2024 and ending upon project completion, and authorize the City Manager to execute the contract.

6. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER-2023-130 was filed for Project No. 20-2731.

16.Construction Contract with Los Angeles Engineering, Inc. for the Bristol Street Improvements and Widening from Civic Center Drive to Washington Avenue Project (Project No. 13-6792) (General and Non-General Fund) Department(s): Public Works Agency
Recommended Action:

1. Approve an appropriation adjustment recognizing $3,343,934 of prior-year fund balance in the Select Street Construction, Prior Year Carry Forward revenue account, and appropriate the same amount to the Select Street Construction, Improvements Other Than Building expense account. (Requires five affirmative votes)

2. Approve an appropriation adjustment recognizing $1,200,000 of prior-year fund balance in the New Transportation System Improvement Area F, Prior Year Carry Forward revenue account, and appropriate the same amount to the New Transportation System Improvement Area F, Improvements Other Than Building expense account. (Requires five affirmative votes)

3. Approve an appropriation adjustment recognizing $656,000 of grant funds in the Select Street Construction, Federal Grant-Indirect revenue account and appropriate the same amount to the Select Street Construction, Improvements Other Than Building expense account. (Requires five affirmative votes)

4. Approve an amendment to the Fiscal Year 2024-25 Capital Improvement Program to include $5,199,934 in construction funds for the Bristol Street Improvements and Widening from Civic Center Drive to Washington Avenue Project (No. 13-6792).

5. Approve the Project Cost Analysis for a total estimated construction delivery cost of $13,224,187, which includes $10,579,350 for the construction contract; $1,586,902 for contract administration, inspection, and testing; and a $1,057,935 project contingency for unanticipated or unforeseen work.

City Council 7 – 18 10/15/2024
CITY COUNCIL 19 SEPTEMBER 17, 2024
SEPTEMBER 23, 2024

6. Award a construction contract to Los Angeles Engineering, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $10,579,350 for construction of the Bristol Street Improvements and Widening from Civic Center Drive to Washington Avenue Project, for a term beginning September 17, 2024 and ending upon project completion, and authorize the City Manager to execute the contract.

7. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review. EIR Number No. 89-01 was filed for the Bristol Street Improvements and Widening from Civic Center Drive to Washington Avenue project.

17.Award a Construction Contract to PCN3, Inc. for the Newhope Library Modernization and Delhi Library Branch Improvements Project and an Agreement to Shade Structures, Inc. dba USA Shade & Fabric Structures for a shade structure at Newhope Library (Project Nos. 22-1802, 23-7540 & 22- 1382) (General and Non-General Fund) (Revive Santa Ana) Department(s): Public Works Agency; Library Services
Recommended Action:

1. Approve the Project Cost Analysis for a total estimated construction delivery cost of $9,132,303, which includes $8,215,533 for the construction contract, $95,217 for contract administration, and a $821,533 project contingency for unanticipated or unforeseen work.

2. Approve an amendment to the Fiscal Year 2024-25 Capital Improvement Program to include $9,132,303 for the Newhope Library Modernization and Delhi Library Improvements.

3. Award a construction contract to PCN3, Inc., the lowest responsible bidder, in accordance with the base bid and alternate bid in the amount of $8,215,533 for construction of the Newhope Library Modernization and Delhi Center Library Branch Project, for a term beginning September 17, 2024 and ending upon project completion, and authorize the City Manager to execute the contract.

4. Approve an agreement with Shade Structures, Inc. dba USA Shade & Fabric Structures for the design and build of a 20-foot by 30-foot cantilever shade structure at the Newhope Library for a total not to exceed of $68,341, for a term beginning September 17, 2024 and expiring December 31, 2025 with provision for a one-year extension, and authorize the City Manager to execute the agreement (Agreement No. A-2024-144).

5. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER-2024-43 was filed for Project 22-1802.

City Council 7 – 19 10/15/2024
CITY COUNCIL 20 SEPTEMBER 17, 2024
SEPTEMBER 23, 2024

18.AGENDA ITEM NO. 18 WAS PULLED FOR SEPARATE DISCUSSION AND CONSIDERATION ON MONDAY, SEPTEMBER 23, 2024

19.AGENDA ITEM NO. 19 WAS PULLED FOR SEPARATE DISCUSSION AND CONSIDERATION ON MONDAY, SEPTEMBER 23, 2024

20.Second Reading of Ordinance Amending Article VI (Stadium), Sec. 2-743 (Liquor) of the Santa Ana Municipal Code to Allow for the Sale and Consumption of Beer, Wine, and Distilled Spirits at Eddie West Field-Santa Ana Stadium
First reading August 20, 2024 City Council meeting and approved by a vote of (6-0-1) (Councilmember Lopez absent). Published in the OC Reporter on August 21, 2024.

Department(s): Parks, Recreation, and Community Services Recommended Action:

1. Approve the second reading of an ordinance amending Article VI (Stadium), Section 2-743 (Liquor) of the Santa Ana Municipal Code (SAMC) to allow for the sale and consumption of beer, wine, and distilled spirits at Eddie West FieldSanta Ana Stadium with the expressed written consent of the City Manager or designee.

ORDINANCE NO. NS-3069 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 2 OF THE SANTA ANA

MUNICIPAL CODE (ADMINISTRATION), ARTICLE VI (STADIUM), SECTION 2-743 – LIQUOR

2. Determine that, in accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is categorically exempt from further review per Section 15301 (Class 1 – Existing Facilities).

MINUTES: Mayor Amezcua adjourned the City Council Meeting at 11:22 P.M. to Monday, September 23, 2024 at 5:30 P.M.

ADJOURNED REGULAR CITY COUNCIL MEETING

CALL TO ORDER
MINUTES: Mayor Amezcua reconvened the Adjourned Regular City Council Meeting of September 17, 2024 to order at 5:39 P.M. on Monday, September 23, 2024.

City Council 7 – 20 10/15/2024
CITY COUNCIL 21 SEPTEMBER 17, 2024
SEPTEMBER 23, 2024
ATTENDANCE Councilmembers
Mayor Pro Tem
Phil Bacerra
Johnathan Ryan Hernandez
Jessie Lopez
David Penaloza
Benjamin Vazquez
Thai Viet Phan
Mayor Valerie Amezcua
City Manager
City Attorney
City Clerk
Alvaro Nuñez
Sonia R. Carvalho
Jennifer L. Hall

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

Councilmembers Bacerra, Hernandez, Lopez, Penaloza, and Vazquez, Mayor Pro Tem Phan, and Mayor Amezcua were present.

PLEDGE OF ALLEGIANCE Councilmember Penaloza

10.Donation Agreement with The Frida Cinema to Sponsor the DTSA First Saturday ArtWalk (General Fund)
Department(s): Community Development Agency
Recommended Action: Authorize the City Manager to execute a Donation Agreement with The Frida Cinema to sponsor the Downtown Santa Ana (DTSA) First Saturday ArtWalk for a one-year term beginning October 1, 2024 and ending September 31, 2025, in an amount not to exceed $150,000 (Agreement No. A2024-145).

MINUTES: Community Development Director Mike Garcia gave a brief report regarding the ArtWalk.

Councilmember Hernandez spoke in support of the item.

Brief discussion ensued regarding the placement of the item on the Agenda and funding of the project.

Councilmember Bacerra spoke in support of the ArtWalk, expressed concern regarding budgeting related to the event, and requested a more sustainable idea to keep the event ongoing.

CONSENT CALENDAR
City Council 7 – 21 10/15/2024
CITY COUNCIL 22 SEPTEMBER 17, 2024
SEPTEMBER 23, 2024
City Manager Alvaro Nuñez spoke regarding evaluation of future funding for events.

Councilmember Vazquez spoke regarding the ArtWalk and in support of the item.

Councilmember Lopez spoke in support of the item.

Mayor Pro Tem Phan spoke in support of the item and requested a more sustainable idea moving forward.

Mayor Amezcua spoke regarding shared funding with the schools and in support of the item.

MOTION: Councilmember Hernandez moved to approve the recommended action for Item No. 10, seconded by Councilmember Bacerra.

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: Councilmember Vazquez spoke regarding supporting families and in support of the item.

Councilmember Hernandez thanked staff for the agreement, spoke regarding the history of the agreement, and in support of the item.

City Council 7 – 22 10/15/2024
CITY COUNCIL 23 SEPTEMBER 17, 2024
SEPTEMBER 23, 2024

12.Agreement with Power of One Foundation (POOF), for a co-presented Fiestas Del Mariachi Event and Related Services; and, Award Sunbelt Rentals Inc.

Purchase Order Contract for Event Floor Cover (General Fund) Department(s): Parks, Recreation, and Community Services Recommended Action:

1. Authorize the City Manager to execute an agreement with Power of One Foundation to co-present a Fiestas Del Mariachi event at Santa Ana Stadium, for an amount not to exceed 80% of revenue earned after expenditure recovery for a term beginning September 18, 2024 and ending October 31, 2024 (Agreement No. A-2024-146).

2. Award a Purchase Order Contract to Sunbelt Rentals Inc. for the rental of an event floor cover for Santa Ana Stadium in an amount not to exceed $118,548.

3. Approve an appropriation adjustment in the amount of $118,548 from the spendable General Fund balance to the PRCSA, Recreation and Community Services, Contractual-Professional Services expenditure account (01113230- 62300). (Requires five affirmative votes)
MINUTES: Councilmember Lopez expressed excitement for the event, clarified the event was not a budgeted event, and expressed concern regarding the allocated costs to the City of Santa Ana.

City Manager Alvaro Nuñez spoke regarding the fiscal impact related to the proof of concept.

Parks, Recreation, and Community Services Director Hawk Scott spoke regarding the proof of concept and risk to the City.

Councilmember Lopez requested additional language “all indirect costs be recuperated by the City” be placed in the agreement.

Councilmember Hernandez spoke regarding the Power of One Foundation and costs of the event, and expressed concern regarding associated risk and being a political event.

MOTION: Councilmember Hernandez moved to not move forward with the agreement.

Motion died due to lack of second.

Councilmember Bacerra expressed concern regarding loss of events because of ambiguities, and asked for clarification regarding the ambiguity of associated costs, costs of policing, flooring costs, and information on required forms to complete, and City Council 7 – 23 10/15/2024
CITY COUNCIL 24 SEPTEMBER 17, 2024
SEPTEMBER 23, 2024
associated political affiliations.

Director Scott spoke regarding the concept of the restrooms and spoke regarding restroom costs, flooring costs, and information on forms.

Acting Police Chief Robert Rodriguez spoke regarding preliminary estimated costs and the associated formula related to the Police Department.

City Manager Alvaro Nuñez spoke regarding analyzing costs, associated risks, and the economic development component.

Mayor Pro Tem Phan expressed excitement regarding the event and the possibility of future events at the stadium, and spoke regarding investments and risks, and in support of the item.

Councilmember Penaloza spoke regarding incorporating Santa Ana Unified School District students and economic drives, expressed excitement for the event, and spoke in support of the item.

Councilmember Bacerra spoke regarding the success of proof of concept.

Councilmember Vazquez expressed concern regarding the associated costs, and requested an RFP and feasibility of the organizer.

Mayor Pro Tem Phan spoke regarding POOF’s special event application, and partnership and financial benefit to the City.

Councilmember Lopez expressed excitement for the event, expressed concern regarding flexibility of permits and waivers related to certain events, and requested adding additional language that the City would recuperate all indirect costs and notifying Washington Square of events.

City Manager Nuñez spoke regarding evaluation of costs related to events, and stated staff notified surrounding city neighborhoods.

Mayor Amezcua spoke in support of the item, asked for clarification regarding the itinerary of the event, spoke regarding the possibility of partnerships and future events, stated neighborhoods are always notified of events at the stadium, and expressed excitement for the event, generating revenue, and putting the City of Santa Ana on the map.

Director Scott spoke regarding the itinerary of the event.

City Manager Nuñez spoke regarding future possibilities of events and seating.

Councilmember Hernandez spoke regarding fiscal responsibility and recovery costs, and requested an amendment to the motion to report the monies earned City Council 7 – 24 10/15/2024
CITY COUNCIL 25 SEPTEMBER 17, 2024
SEPTEMBER 23, 2024
from the event at a future meeting.

City Manager Nuñez confirmed earnings will be reported at the meeting in January.

MOTION: Councilmember Bacerra moved to approve the recommended action for Item No. 12, as amended to receive and file the audit at the January 2025 City Council meeting, seconded by Councilmember Penaloza.

SUBSTITUTE MOTION: Councilmember Lopez moved to approve the recommended action for Item No. 12, as amended to receive and file the audit at the January 2025 City Council meeting, and to state that the City will recover all indirect costs and fees, seconded by Councilmember Hernandez.

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

AYES:

NOES:

ABSTAIN:

ABSENT:

COUNCILMEMBER HERNANDEZ, COUNCILMEMBER

LOPEZ, COUNCILMEMBER VAZQUEZ

COUNCILMEMBER BACERRA, COUNCILMEMBER

PENALOZA, MAYOR PRO TEM PHAN, MAYOR AMEZCUA
NONE
NONE
Status: 3 – 4 – Fail
The original 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

18.Construction Contract with Vido Samarzich, Inc. for the Standard Avenue and McFadden Avenue Bikeways Projects (No. 19-6923, 20-6962, 20-6965, 23- 6705, 23-6706, & 23-6707) (General Fund) (Non-General Fund) Department(s): Public Works Agency
Recommended Action:

1. Approve an appropriation adjustment recognizing $2,000,000 in prior-year fund balance in the Residential Street Improvement, Prior Year Carry Forward revenue account and appropriate the same amount into the Residential Street, Improvements Other Than Buildings, expenditure account. (Requires five affirmative votes)
City Council 7 – 25 10/15/2024
CITY COUNCIL 26 SEPTEMBER 17, 2024
SEPTEMBER 23, 2024

2. Approve an appropriation adjustment recognizing $2,700,000 in prior-year fund balance in the Transportation System Improvement Authorization Area B revenue account and appropriate the same amount into the Transportation System Improvement Authorization Area B Tustin, Improvements Other Than Buildings expenditure account. (Requires five affirmative votes)

3. Approve an amendment to the Fiscal Year 2024-25 Capital Improvement Program to include an additional $5,900,000 in construction funds for the Standard Avenue and McFadden Avenue Bikeways Project (No. 19-6923, 20-6962, 20-6965, 23-6705, 23-6706, & 23-6707).

4. Approve the Project Cost Analysis for a total estimated construction delivery cost of $23,550,000, which includes $19,170,060 for the construction contract; $2,462,934 for contract administration, inspection, and testing; and a $1,917,006 project contingency for unanticipated or unforeseen work due to the complexity and extensive scope of this project.

5. Award a construction contract to Vido Samarzich, Inc., the lowest responsible bidder, in accordance with the base bid and bid alternates in the amount of $19,170,060, for construction of the Standard Avenue and McFadden Avenue Bikeways Project (No. 19-6923, 20-6962, 20-6965, 23-6705, 23-6706, & 23- 6707), for a term beginning September 17, 2024 and ending upon project completion, and authorize the City Manager to execute the contract.

6. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review pursuant to Article 19, Categorical Exemptions Sections 15301(c) and 15304(h). Categorical Exemption Environmental Review Nos. ER-2020-33 and ER-2020-97 were filed for Projects Nos. 20-6965 and 20-6962.

MINUTES: Public Works Director Nabil Saba gave a presentation regarding the Standard and McFadden Protected Bike Lanes.

Councilmember Penaloza expressed concern regarding the September 30 deadline, and asked for clarification regarding how issues of vagrancy, parking spaces and enforcement, and construction deadlines are being addressed.

Director Saba spoke regarding grant funding and deadlines, parking enforcement and spaces, stated First Street will be completed in two months, and spoke regarding the Warner construction.

City Manager Alvaro Nuñez spoke regarding mitigating issues and quality of life.

Discussion ensued regarding the Warner construction, meeting project deadline completion dates, ongoing multiple project construction, road closures, and traffic.

City Council 7 – 26 10/15/2024
CITY COUNCIL 27 SEPTEMBER 17, 2024
SEPTEMBER 23, 2024
City Engineer Rudy Rosas answered Council’s questions and provided clarification.

Councilmember Bacerra requested ample notification regarding road and lane closures and reductions.

Councilmember Penaloza asked whether street lighting would be included on the McFadden Street bridge.

Director Saba confirmed that lighting would be included.

MOTION: Councilmember Penaloza moved to approve the recommended action for Item No. 18, as amended to include lighting at the McFadden Street bridge, seconded by Councilmember Bacerra.

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

19.Resolution Declaring City-Owned Properties as Exempt Surplus Land and Directing the City Manager or their Designee to Comply with the Requirement of Government Code §54220 et seq. for the Sale and Activation of Surplus Land
Department(s): Public Works Agency
Recommended Action:

1. Adopt a resolution declaring City-owned 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.

RESOLUTION NO. 2024-051 entitled A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF SANTA ANA DECLARING VARIOUS

PROPERTIES 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
City Council 7 – 27 10/15/2024
CITY COUNCIL 28 SEPTEMBER 17, 2024
SEPTEMBER 23, 2024

2. Determine that, pursuant to the California Environmental Quality Act (“CEQA”), the sales of the properties as surplus are exempt from environmental review pursuant to CEQA Guidelines section 15312 (Surplus Government Property Sales).

MINUTES: Councilmember Lopez asked for clarification regarding the selected 26 parcels, suggested a case by case basis of approval, and whether the surplus land is generating any money.

City Engineer Rudy Rosas spoke regarding the selected parcels and lots, and stated this would off load slivers of land for liability purposes.

Councilmember Bacerra spoke in support of the item.

MOTION: Councilmember Bacerra moved to approve the recommended action for Item No. 19, seconded by Mayor Amezcua.

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

AYES:

NOES:

ABSTAIN:

ABSENT:

COUNCILMEMBER BACERRA, COUNCILMEMBER

HERNANDEZ, COUNCILMEMBER PENALOZA,

COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM PHAN,

MAYOR AMEZCUA

COUNCILMEMBER LOPEZ
NONE
NONE
Status: 6 – 1 – Pass
**END OF CONSENT CALENDAR**
PUBLIC COMMENTS – Members of the public may address the City Council on each of the Public Hearing items.

MINUTES: At 7:39 P.M., the Public Hearing was considered.

23.Public Hearing: Consolidated Annual Performance and Evaluation Report for Fiscal Year 2023-24
Legal notice published in the Orange County Register on August 14, 2024 and in La Opinion and Nguoi Viet on August 19, 2024.

Department(s): Community Development Agency

PUBLIC HEARINGS
City Council 7 – 28 10/15/2024
CITY COUNCIL 29 SEPTEMBER 17, 2024
SEPTEMBER 23, 2024
Recommended Action: Authorize submission of the Consolidated Annual Performance and Evaluation Report to the U.S. Department of Housing and Urban Development.

MINUTES: Mayor Amezcua opened the Public Hearing at 7:40 P.M.

City Clerk Jennifer L. Hall stated there were no speakers or email comments received.

There being no speakers, Mayor Amezcua closed the Public Hearing at 7:41 P.M.

MOTION: Councilmember Hernandez moved to approve the recommended action for Item No. 23, 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: Mayor Amezcua convened the Special Successor Agency meeting to order in Joint Session with the City Council at 7:42 P.M.

24.Joint Public Hearing: Adopt Resolution and Approve Purchase and Sale Agreement for Acquisition of Real Property at the Southwest Corner of Main Street and Third Street (APN 398-601-02) for Parking Lot (General Fund and Non-General Fund)
Legal notice published in the OC Reporter on August 30 and September 9, 2024.

Department(s): Community Development Agency
Recommended Action:

CITY COUNCIL ACTION

1. Adopt a resolution making certain findings with respect to the consideration to be received by the Successor Agency pursuant to a Purchase and Sale Agreement between the Successor Agency and the City for the sale of the Southwest Corner of Main Street and Third Street (APN 398-601-02), and authorize the City Manager to execute all required documents as necessary.

City Council 7 – 29 10/15/2024
CITY COUNCIL 30 SEPTEMBER 17, 2024
SEPTEMBER 23, 2024
RESOLUTION NO. 2024-052 entitled A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF SANTA ANA APPROVING THE PURCHASE AND

SALE AGREEMENT FOR THE ACQUISITION OF PROPERTY FROM THE

SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF
THE CITY OF SANTA ANA LOCATED AT 3RD STREET AND MAIN STREET

PARKING LOT

2. Authorize the City Manager to execute the Purchase and Sale Agreement and all required documents for the acquisition of real property located at the Southwest Corner of Main Street and Third Street (APN 398-601-02) in the amount of $190,000 plus closing costs (Agreement No. A-2024-147).

SUCCESSOR AGENCY ACTION

1. Adopt a resolution declaring a Successor Agency owned property as exempt Surplus Land for the purpose of a Purchase and Sale agreement with the City of Santa Ana.

RESOLUTION NO. 2024-002 entitled A RESOLUTION OF THE SUCCESOR

AGENCY TO THE FORMER COMMUNITY REDEVELOPMENT AGENCY OF
THE CITY OF SANTA ANA DECLARING 3RD STREET AND MAIN STREET

PARKING LOT AS EXEMPT SURPLUS AND LAND PURSUANT TO THE

EXEMPT SURPLUS LAND ACT AND AUTHORIZING, PURSUANT TO AN

EXEMPTION FROM CEQA, THE SALE OF THE PARKING LOT PROPERTY TO THE CITY (includes determination that the sale of the property is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) and Section 15301)

2. Adopt a resolution making certain findings with respect to the consideration to be received by the Successor Agency pursuant to a Purchase and Sale Agreement between the Successor Agency and the City for the sale of the Southwest Corner of Main Street and Third Street (APN 398-601-02), and authorize the Executive Director to execute all required documents as necessary.

RESOLUTION NO. 2024-003 entitled A RESOLUTION OF THE SUCCESSOR

AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF

SANTA ANA APPROVING THE PURCHASE AND SALE AGREEMENT FOR

THE DISPOSITION OF PROPERTY TO THE CITY OF SANTA ANA LOCATED AT 3RD STREET AND MAIN STREET PARKING LOT

3. Authorize the Executive Director to execute the Purchase and Sale Agreement and all required documents for the acquisition of real property located at the Southwest Corner of Main Street and Third Street (APN 398-601-02) in the amount of $190,000 plus closing costs (Agreement No. A-2024-147).

City Council 7 – 30 10/15/2024
CITY COUNCIL 31 SEPTEMBER 17, 2024
SEPTEMBER 23, 2024
MINUTES: Assistant City Manager Steven Mendoza gave a brief report regarding the Purchase and Sale Agreement for Acquisition of Real Property at the Southwest Corner of Main Street and Third Street.

Mayor Amezcua opened the Public Hearing at 7:43 P.M.

City Clerk Jennifer L. Hall stated there were no email comments received.

The following speakers addressed the City Council in-person:

1. Jackie Cordova spoke regarding value of land and increased rents.

There being no additional speakers, Mayor Amezcua closed the Public Hearing at 7:46 P.M.

MOTION: Councilmember Hernandez moved to approve the recommended City Council action for Item No. 24, 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
MOTION: Agency Member Hernandez moved to approve the recommended Successor Agency action for Item No. 24, seconded by Agency Member Penaloza.

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

AYES:

NOES:

ABSTAIN:

ABSENT:

AGENCY MEMBER BACERRA, AGENCY MEMBER

HERNANDEZ, AGENCY MEMBER LOPEZ, AGENCY

MEMBER PENALOZA, AGENCY MEMBER VAZQUEZ, VICE

CHAIR, CHAIR AMEZCUA
NONE
NONE
NONE
Status: 7-0 – Pass
MINUTES: Mayor Amezcua adjourned the Special Successor Agency meeting at 7:48 P.M.

City Council 7 – 31 10/15/2024
CITY COUNCIL 32 SEPTEMBER 17, 2024
SEPTEMBER 23, 2024
**END OF PUBLIC HEARINGS**

COUNCILMEMBER REQUESTED ITEMS

25.Discuss Consider Directing the City Manager, City Attorney, and City Clerk to Rescind the “Guidelines for filming, photography and recording of City of Santa Ana public meetings” Media Policy – Councilmembers Vazquez and Lopez
MINUTES: Councilmember Vazquez gave a report regarding the media policy.

Councilmember Hernandez spoke in support of rescinding the policy.

Mayor Pro Tem Phan discussed pros and cons regarding the media policy and provided recommendations for revisions to the policy.

Councilmember Penaloza spoke in support of Mayor Pro Tem Phan’s comments and recommendations.

Mayor Amezcua spoke in support of Mayor Pro Tem Phan’s comments.

Councilmember Bacerra spoke in support of revising the policy.

Councilmember Lopez expressed support for options, provided that the revisions aligned with the Brown Act and offered flexibility for the press.

Councilmember Vazquez spoke regarding the Brown Act and thanked colleagues for the discussion.

City Attorney Sonia Carvalho clarified that the current policy is compliant with the law and expressed willingness to collaborate on recommendations.

Mayor Pro Tem Phan requested timeline clarification.

Mayor Amezcua proposed 30 days for a revised policy.

Mayor Pro Tem Phan requested interim flexible judgement while policy revisions are pending.

City Manager Alvaro Nuñez confirmed 30 days was sufficient time for a revised policy.

CITY MANAGER COMMENTS
MINUTES: None.

City Council 7 – 32 10/15/2024
CITY COUNCIL 33 SEPTEMBER 17, 2024
SEPTEMBER 23, 2024

COUNCIL COMMENTS
AB1234 DISCLOSURE – If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended.

MINUTES: Councilmember Hernandez thanked members of the public for attending meetings, thanked City staff for Fiestas Patrias and announced the record-breaking attendance of 80,000 residents, thanked the community and staff for the Little Saigon Festival, and concluded comments in memory of Don Cribb.

Councilmember Vazquez echoed previous comments regarding Fiestas Patrias and the parade, spoke about his attendance at the Little Saigon Festival at Rosita Park, and spoke about recent school lock downs and thanked the Police Department and City Manager for the procedures in place.

Councilmember Lopez stated her October office hours and location would be announced on her news eblast, thanked staff for completing the light project at Santiago Park, invited the public to the second annual International Older Adult Celebration at Jerome Park on Friday September 27th.

Councilmember Bacerra echoed previous Fiestas Patrias comments, thanked the City Manager’s office for the fencing along the Flower Street bike trail, discussed the freeway crash involving OCFA crew members returning from the Airport Fire and called for support through donations to fallenfirefightersrelieffund.org, and concluded comments in memory of Don Cribb.

Mayor Pro Tem Phan thanked staff for their efforts in organizing City events, particularly highlighting the success of Fiestas Patrias, and wished her husband happy a 10 year dating anniversary and a happy birthday.

Mayor Amezcua reported Council gave a Key to the City to Sahuayo on September 14th, spoke about Fiesta Patrias, and expressed gratitude to the staff for their success, as well as the Police Department for the officers in attendance, shared her participation regarding the needle exchange, announced Coffee with the Mayor on September 28 from 10 A.M. to 12 P.M. at the Santa Ana Senior Center, stated a Prop 36 education forum on October 14, reported on the recent homicide in Ward 2, thanked staff for bus stops being cleaned and sanitized six (6) days a week, and thanked Councilmember Vazquez for getting involved with the Police Department on active shooter safety for SAUSD.

City Council 7 – 33 10/15/2024
CITY COUNCIL 34 SEPTEMBER 17, 2024
SEPTEMBER 23, 2024
ADJOURNMENT – Adjourn the City Council meeting.

MINUTES: Mayor Amezcua adjourned the City Council Meeting in memory of Don Cribb at 8:21 P.M.

Respectfully submitted:
___________________________
Jennifer L. Hall, CMC
City Clerk
City Council 7 – 34 10/15/2024
Finance and Management Services
www.santa-ana.org/finance
Item # 9
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
October 15, 2024
TOPIC: Administrative Hearing Officers

AGENDA TITLE
Agreements with Serviam By Wright, LLP; Nastich Law, a Professional Corporation; and Palacios Law Office to Provide Administrative Hearing Officer Services (Specification 24-052) (General and Non-General Fund)

RECOMMENDED ACTION
Authorize the City Manager to execute agreements with each of the three firms listed below for Administrative Hearing Officer services on an as-needed basis, in a total aggregate amount not to exceed $1,970,000, for an initial three-year term beginning October 15, 2024, with a provision for one, two-year extension exercisable by the City Manager and the City Attorney (Core Agreement No. A-2024-XXX).

Firms Location
Serviam By Wright, LLP Irvine, CA
Nastich Law, a Professional Corporation Berkeley, CA
Palacios Law Office Riverside, CA
GOVERNMENT CODE §84308 APPLIES: Yes

DISCUSSION
Since the 1950s, the City of Santa Ana has permitted the use of administrative hearings as a means of resolving appeals or conducting additional review on decisions made by City representatives. Hearing officers act on administrative appeals of code enforcement citations and compliance orders by serving as an impartial person who is experienced with legal processes as well as building, zoning, and other code regulations. These officers will make determinations based on the Municipal Code and have the ability to issue or modify compliance orders to improve the rate of violation abatement. Additionally, the utilization of contracted hearing officers helps reduce conflicts of interest, warrant decisions based on knowledge and understanding of the latest codes, and ensure timely appeal hearings.

Administrative hearings have become more common within government agencies as they expand their programs and services but do not wish to inundate legislative bodies City Council 9 – 1 10/15/2024
Administrative Hearing Officers
October 15, 2024

Page 2 ends

with resolving all appeals received. The City has seen an increase in demand for administrative hearings due to regulatory expansions from local or state directives.

Presently, the Santa Ana Municipal Code references administrative hearings and panels in all of the following sections:

1. Code Enforcement: SAMC § 1-18.1

2. Environmental Sanitation Violations: SAMC § 1-18.2 and SAMC § 1-21

3. Buildings and Structures: SAMC Chapter 8 (Various Subsections)

4. Rent Stabilization and Just Cause Eviction Ordinance: SAMC § 8-3145(f) (Per Ordinance No. NS-3052)

5. Refuse Violations: SAMC Chapter 16 (Various Subsections)

6. Public Safety Sensitive Business Establishments: SAMC § 18-90 through 18-105; SAMC § 22-1 through 22-16

7. Non-Regulatory Business License Tax: SAMC § 21-41

8. Cannabis Business License Tax: SAMC § 21-41

9. Hotel Visitors Tax: SAMC § 35-133

10.Utility Users Tax for Electric, Gas & Telecommunications: SAMC § 35-173 Due to the continuing increase in demand, representatives from various City agencies collaborated to consolidate their efforts for administrative hearings. Request for Proposals (RFP) 24-052 was issued on April 18, 2024 on the City’s online bid management and publication system. A summary of vendor participation and results is as follows:

Request for Proposals (RFP) 24-052 was issued on April 18, 2024 on the City’s online bid management and publication system. A summary of vendor participation and results is as follows:
427 Vendors notified
36 Santa Ana vendors notified
15 Vendors downloaded the RFP packet
6 Proposals received
0 Proposals received from Santa Ana vendors
Proposals were solicited, opened on May 28, 2024, and evaluated. Six proposals were submitted by the RFP deadline and all six were determined to be responsive to the specifications and met the City’s requirements. An evaluation committee reviewed and rated the proposals according to the criteria listed in the RFP. The following summarizes the responding firms and their rankings:

City Council 9 – 2 10/15/2024
Administrative Hearing Officers
October 15, 2024

Page 3 ends

Firm Location Rank
Richard D. Jones, A Professional Law Corporation Fullerton, CA 1 Michael Raneses Administrative Hearings Tustin, CA 2
Serviam By Wright, LLP Irvine CA 3
Nastich Law, a Professional Corporation Berkeley, CA 4
Palacios Law Office Riverside, CA 5
JL Group, LLC Laguna Niguel, CA 6
The evaluation committee evaluated proposals in accordance with the RFP criteria, and determined that Richard D. Jones, A Professional Law Corporation; Michael Raneses Administrative Hearings; Serviam by Wright, LLP; Nastich Law, a Professional Corporation; and Palacios Law Office best met the City’s specifications, demonstrated vast experience working with public agencies, the capacity to provide Administrative Hearing Officer services on-site and remotely to various City Departments, and can meet the City’s needs as set forth in the RFP documents. Due to the nature and sensitivity of these services, the City performed further reviews to confirm the highestranked proposers’ ability to provide independent hearing officer services absent of any potential conflicts of interest. As a result, staff rescinded their initial intent to award an agreement to Richard D. Jones, A Professional Law Corporation, and Michael Raneses Administrative Hearings. Staff recommends awarding agreements to Serviam By Wright, LLP (Exhibit 1), Nastich Law, a Professional Corporation (Exhibit 2), and Palacios Law Office (Exhibit 3) to ensure sufficient resources are available for all using departments.

Approval of agreements to the abovementioned recommended firms will allow the City to contract with qualified, experienced consultants for specific administrative hearings in a timely manner and ensure sufficient resources are available to hold hearings on an as-needed basis by various Agencies citywide. Staff will also be better able to respond quickly to fluctuating demands and ultimately provide better service to customers of the City of Santa Ana.

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

FISCAL IMPACT
Funding for services performed by June 30, 2025 were already included in the adopted FY 2024-25 budget. Funding for subsequent fiscal years will be included in the appropriate proposed budget for City Council consideration.

Fiscal
Year
Accounting
Unit – Acct # Fund Description Accounting Unit, Acct Description Amount 2024-
25 01110130-
62300 FMSA General Funds Contact Services Professional $15,000 City Council 9 – 3 10/15/2024
Administrative Hearing Officers
October 15, 2024

Page 4 ends

011165XX62300 PBA General Funds Contract Services
Professional $80,000
01216010-
62300
PBA Enforcement
Svc
Contract Services
Professional $10,000
18518700-
62300
CDA Rent
Stabilization
Contract Services
Professional $150,000
06917640-
62300
PWA Refuse
Collection Svc
Contract Services
Professional $150,000
06817641-
62300
PWA Roadway
Cleaning
Contract Services
Professional $15,000
01114XXX62300 SAPD General Funds Contract Services
Professional $5,000
01110130-
62300 FMSA General Funds Contact Services Professional $15,000 011165XX62300 PBA General Funds Contract Services
Professional $80,000
01216010-
62300
PBA Enforcement
Svc
Contract Services
Professional $10,000
18518700-
62300
CDA Rent
Stabilization
Contract Services
Professional $ 150,000
06917640-
62300
PWA Refuse
Collection Svc
Contract Services
Professional $100,000
06817641-
62300
PWA Roadway
Cleaning
Contract Services
Professional $15,000
2025-
26 01114XXX62300 SAPD General Funds Contract Services
Professional $5,000
01110130-
62300 FMSA General Funds Contract Services Professional $15,000 011165XX62300 PBA General Funds Contract Services
Professional $90,000
01216010-
62300
PBA Enforcement
Svc
Contract Services
Professional $15,000
18518700-
62300
CDA Rent
Stabilization
Contract Services
Professional $ 150,000
06917640-
62300
PWA Refuse
Collection Svc
Contract Services
Professional $100,000
06817641-
62300
PWA Roadway
Cleaning
Contract Services
Professional $15,000
2026-
27 01114XXX62300 SAPD General Funds Contract Services
Professional $5,000
2027-
28*
01110130-
62300 FMSA General Funds Contract Services Professional $15,000 City Council 9 – 4 10/15/2024
Administrative Hearing Officers
October 15, 2024

Page 5 ends

011165XX62300 PBA General Funds Contract Services
Professional $90,000
01216010-
62300
PBA Enforcement
Svc
Contract Services
Professional $15,000
18518700-
62300
CDA Rent
Stabilization
Contract Services
Professional $ 150,000
06917640-
62300
PWA Refuse
Collection Svc
Contract Services
Professional $100,000
06817641-
62300
PWA Roadway
Cleaning
Contract Services
Professional $15,000
01114XXX62300 SAPD General Funds Contract Services
Professional $5,000
01110130-
62300 FMSA General Funds Contract Services Professional $15,000 011165XX62300 PBA General Funds Contract Services
Professional $90,000
01216010-
62300
PBA Enforcement
Svc
Contract Services
Professional $15,000
18518700-
62300
CDA Rent
Stabilization
Contract Services
Professional $ 150,000
06917640-
62300
PWA Refuse
Collection Svc
Contract Services
Professional $100,000
06817641-
62300
PWA Roadway
Cleaning
Contract Services
Professional $15,000
2028-
29*
01114XXX62300 SAPD General Funds Contract Services
Professional $5,000
*Denotes an optional extension year, not part of initial term Grand Total: $1,970,000

EXHIBIT(S)

1. Consultant Agreement for Serviam By Wright, LLP

2. Consultant Agreement for Nastich Law, a Professional Corporation

3. Consultant Agreement for Palacios Law Office
Submitted By: Kathryn Downs, Finance and Management Services Agency Executive Director
Approved By: Alvaro Nuñez, City Manager
City Council 9 – 5 10/15/2024

Page 1 of 9 ends

#432160v1

ADMINISTRATIVE HEARING OFFICER SERVICES AGREEMENT BETWEEN

SERVIAM BY WRIGHT LLP AND THE CITY OF SANTA ANA
THIS AGREEMENT is made and entered into on this 15
th day of October, 2024, by and between
SERVIAM BYWRIGHTLLP, (“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. On April 18, 2024, the City issued Request for Proposals No. 24-052 (“RFP”), by which it sought contractors to provide as-needed administrative hearing officer services for various Agencies of the City of Santa Ana. The scope of work was limited to administrative hearing officer services. This may include preparation for hearings as scheduled by City staff, reviewing case documentation submitted with appeals, performing legal research, conducting hearings, and preparing written decisions.

B. Contractor submitted a responsive proposal that was among those selected by the City.

Contractor represents that it is able and willing to provide the services described in the scope of work that was included in the RFP and attached as Exhibit A.

C. Contractor was selected as one of five (5) vendors which qualified for this engagement.

Only those contractors approved by the City Council, shall be eligible to be engaged by the City for these services.

D. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional 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
On an as-needed basis, and at the sole discretion of the City, Contractor shall perform the services that are described in Exhibit A, attached and incorporated by reference as though fully set forth herein. Contractor’s proposal is incorporated by reference as though fully set forth herein.

When the need for hearing officer services arise, City may initiate those services through use of written correspondence, executed by authorized City staff and the Contractor. Work by the Contractor may not proceed absent a previously engaged or fully executed administrative hearing officer services agreement and authorizing correspondence for a specific assignment. The Treasury & Customer Service Manager or their designee will maintain the directory of authorized staff who will be permitted to issue assignments to the Contractor. Contractor is prohibited from accepting assignments from City staff who are not authorized and work undertaken without explicit approval will not be due compensation.

EXHIBIT 1
City Council 9 – 6 10/15/2024

Page 2 of 9 ends

#432160v1

2. COMPENSATION
a. City neither warrants nor guarantees any minimum or maximum compensation to Contractor under this Agreement. Contractor shall be paid only for actual approved services performed under this Agreement at the rates and charges identified in Exhibit B – Compensation. Contractor is one of five (5) contractors selected to provide administrative hearing officer services on an as-needed basis under the RFP. The total compensation for services provided by all contractors selected under the RFP is a collective amount not to exceed $1,970,000 during the term of the Agreement, including any extension periods.
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 Contractor agree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH) transfers. Contractor 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 Contractor’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 for a three (3) year term with the option for the City to grant up to a one 2-year renewal, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below.

4. INDEPENDENT CONTRACTOR
Contractor 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 Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor 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 City Council 9 – 7 10/15/2024

Page 3 of 9 ends

#432160v1
drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement (“Documents & Data”). Contractor 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.

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

6. INSURANCE
Contractor shall procure and maintain and shall 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 Contractor.

MINIMUM SCOPE OF INSURANCE
Coverage 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. Required policy limits can be met with primary and umbrella/excess insurance policies.

2. 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.

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, policy or employee, for bodily injury or disease.

4. Professional Liability Insurance: with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 aggregate.

If Contractor 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 Contractor. 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

Page 4 of 9 ends

#432160v1
operations performed by or on behalf of the Contractor including materials, parts, equipment, and personnel furnished in connection with such work or operations.

2. Contractor’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 Contractor under this Agreement.

3. For any claims related to this Agreement, Contractor’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. A severability of interest provision must apply for all the additional insureds, ensuring that Contractor’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. 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.

6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: Executive Director, Finance and Management Services, 20 Civic Center Plaza M-17 –, Santa Ana, CA 92701. The name and location of project must be included in the Description of Operations section of each certificate.

Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. The City may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.

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
Contractor 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 Contractor’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.

City Council 9 – 9 10/15/2024

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#432160v1

7. INDEMNIFICATION
Each party herby agrees to and shall indemnify and hold harmless the other party, its officials, officers, agents, employees and volunteers from and against all losses, liability, damages, claims, suits, action, and administrative proceedings or demands (including reasonable attorney’s fees) relating solely to acts or omissions of the indemnitor, its officials, officers, agents, employees or volunteers arising out of or incidental to the performance of any of the provision of this Agreement, but only in proportion to and to the extent such losses, liability, damages, claims, suits, actions, and administrative proceedings or demands are caused by or result from the negligent acts or omissions of the other party, its respective officials, officers, agents, employees, or volunteers.

Neither party assumes liability for the acts or omissions of persons other than each party’s respective officials, officers, agents, employees, or volunteers. In the event judgment is entered against both parties because of joint or concurrent negligence of both parties, or their officials, officers, agents, employees, or volunteers and apportionment of liability to pay such judgment shall be made by a Court of competent jurisdiction. Notwithstanding the foregoing, to the extent Contractor’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 Contractor.

8. RECORDS
Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor 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 Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor 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. Contractor 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 Contractor under this Agreement.

9. CONFIDENTIALITY
If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor 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 Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) City Council 9 – 10 10/15/2024

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#432160v1
is independently developed by the Contractor without reference to information disclosed by the City.

10. CONFLICT OF INTEREST CLAUSE
Contractor 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.

11. NON-DISCRIMINATION
Contractor 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. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations.

12. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and Contractor, 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 Contractor. 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 Contractor 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.

13. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor 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.

14. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of City Council 9 – 11 10/15/2024

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termination, subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Contractor 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 Contractor 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.

15. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.

16. 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.

17. PROFESSIONAL LICENSES
Contractor 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. Contractor 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.

18. 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
City Council 9 – 12 10/15/2024

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#432160v1
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
Finance & Management Services Agency
City of Santa Ana
20 Civic Center Plaza (M-15)
P.O. Box 1988
Santa Ana, California 92702
To Contractor:

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.

19. 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.

Curtis Wright
Managing Partner

SERVIAM BYWRIGHT LLP
Suite 100, 3 Corporate Park
Irvine, California 92606
City Council 9 – 13 10/15/2024
Kathryn Downs (Oct 7, 2024 16:50 PDT)
City Council 9 – 14 10/15/2024

EXHIBIT A

SCOPE OF SERVICES
Services performed by Contractor shall include, but are not limited to the following:

A. GENERAL REQUIREMENTS

1. Prepare for hearings as scheduled by City staff, including notification of the hearing type, date, time, and location to appellant.

2. Review case documentation submitted with appeals, and identifying and communicating potential concerns to the parties.

3. Perform legal research, and interpret complex statutes, policies, and procedural guidelines.

4. Instruct participants in hearing of their rights and applicable hearing procedures.

5. Conduct hearings in a fair, impartial, courteous, and professional manner.

6. Hear testimony and evidence from parties regarding the issues.

7. Prepare written decisions, which set forth the legal and evidentiary basis for the decision, and adopt findings as required by the particular provisions of the Santa Ana Municipal Code (SAMC).

8. Perform all other services as outlined in the resulting agreement for services upon award.

9. Hearing Officers will confirm the absence of conflicts before undertaking any new matters for the City.

10. Hearing Officer will be required to provide Hearing Officer Services upon acceptance of assignments.

11. Hearing preparation could include, but is not limited to, reading the file materials and familiarization with SAMC provisions at issue, hearing materials, and rules of evidence.

12. Virtual Hearings: City will provide virtual meeting link to all parties. The dates and times of said hearings shall be designated by the City, but normally will be conducted during the City’s Regular Business Hours.
a. The City’s Regular Business Hours, excluding City holidays, are:
• Monday through Thursday from 7:30 AM to 5:30 PM; and
• Alternate Fridays from 8:00 AM to 5:00 PM

13. In-Person Hearings: City will provide hearing rooms, use of copiers, documents, materials, and equipment necessary for carrying out hearings. Locations and times of said hearings shall be designated by the City, but normally will be conducted during Regular Business Hours of the City. a. Hearings held in person will be held at Santa Ana City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701.

14. All hearings shall be conducted in English and, if necessary, with the assistance of foreign language translator as provided by applicants/contesting parties or the City.

15. City staff will coordinate the recording of hearings, if applicable. Assistance may be requested from the Hearing Officer during recording sessions.

B. REPORTS AND DELIVERABLES

1. Hearing Officers shall be required to submit a typed Statement of Decision for each hearing conducted within the statutorily required time following the closing of the hearing record in a format approved by the City. The decision shall include findings, conclusions, and provide judicial review information.

2. Hearing Officers shall provide a detailed invoice for services rendered each month, including the City Council 9 – 15 10/15/2024
case number, hearing date, time incurred, and hourly rate.

C. SERVICE AREAS AND APPLICABLE SANTA ANA MUNICIPAL CODE (SAMC) Contractor indicated they are able and willing to conduct administrative hearings in relation to the following subject areas. In the event Contractor is no longer able to provide services for a particular subject area, they will advise the City in writing no less than thirty (30) days prior to cessation of service for that area.

1. Code Enforcement: SAMC § 1-18.1

2. Environmental Sanitation Violations: SAMC § 1-18.2 and SAMC § 1-21

3. Buildings and Structures: SAMC Chapter 8 (Various Subsections)

4. Rent Stabilization and Just Cause Eviction Ordinance: SAMC § 8-3145(f) (Per Ordinance No.

NS-3052)

5. Refuse Violations: SAMC Chapter 16 (Various Subsections)

6. Public Safety Sensitive Business Establishments: SAMC § 18-90 through 18-105; SAMC § 22-1 through 22-16

7. Non-Regulatory Business License Tax: SAMC § 21-41

8. Cannabis Business License Tax: SAMC § 21-41

9. Hotel Visitors Tax: SAMC § 35-133

10. Utility Users Tax for Electric, Gas & Telecommunications: SAMC § 35-173 City Council 9 – 16 10/15/2024

EXHIBIT B

COMPENSATION
Contractor acknowledges and accept that the City will not provide reimbursement for travel-related expenses, mileage, parking, lodging, meals, incidental fees, insurance, freight/shipping and handling/delivery, and any other business expenses, supplies and materials related to providing services as specified herein. Any additional costs will not be considered or reimbursed by the City. Such costs have been incorporated into Contractor’s cost proposal fee structure. Billable hours shall be rounded to the nearest quarter hour. Hearing Officers shall provide a detailed invoice for services rendered after each hearing, including the case number, hearing date, time incurred, and hourly rate. Invoices shall be paid by City within forty-five (45) days of submission.

A. Rate for hearings conducted virtually, billed at quarter hour increments. • $237 per hour
B. Rate for hearings conducted at Santa Ana City Hall, billed at quarter hour increments. • $237 per hour
C. Rate for hearing preparation and document review, billed at quarter hour increments. • $237 per hour
D. Rate for hearing closeouts and preparing written determinations, billed at quarter hour increments.
• $237 per hour
E. Charge for No-Show Applicants.
• No charge
F. Cancellation Rate.
• No charge
G. Initial Orientation & Subsequent Trainings Hourly Rate. • No charge
City Council 9 – 17 10/15/2024
Exhibit 1 (28) (1)
Final Audit Report 2024-10-07
Created: 2024-10-07
By: Kristin Andrade ([email protected])
Status: Signed
Transaction ID: CBJCHBCAABAAwLFeBjPds63cS1su8pjfC1i0PoXP7KLP "Exhibit 1 (28) (1)" History
Document created by Kristin Andrade ([email protected]) 2024-10-07 - 11:48:39 PM GMT
Document emailed to Kathryn Downs ([email protected]) for signature 2024-10-07 - 11:49:41 PM GMT
Email viewed by Kathryn Downs ([email protected])
2024-10-07 - 11:50:23 PM GMT
Document e-signed by Kathryn Downs ([email protected]) Signature Date: 2024-10-07 - 11:50:40 PM GMT - Time Source: server Agreement completed.
2024-10-07 - 11:50:40 PM GMT
City Council 9 – 18 10/15/2024

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ADMINISTRATIVE HEARING OFFICER SERVICES AGREEMENT

BETWEEN NASTICH LAW APC AND THE CITY OF SANTA ANA
THIS AGREEMENT is made and entered into on this 15
th day of October, 2024 by and
between Nastich Law, a Professional Corporation, (“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. On April 18, 2024, the City issued Request for Proposals No. 24-052 (“RFP”), by which it sought contractors to provide as-needed administrative hearing officer services for various Agencies of the City of Santa Ana. The scope of work included administrative hearing officer services. This may include preparation for hearings as scheduled by City staff, reviewing case documentation submitted with appeals, performing legal research, conducting hearings, and preparing written decisions.

B. Contractor submitted a responsive proposal that was among those selected by the City.

Contractor represents that it is able and willing to provide the services described in the scope of work that was included in the RFP and attached as Exhibit A.

C. Contractor was selected as one of five (5) vendors which qualified for this engagement.

Only those contractors approved by the City Council shall be eligible to be engaged by the City for these services.

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
On an as-needed basis, and at the sole discretion of the City, Contractors shall perform the services that are described in Exhibit A, attached and incorporated by reference as though fully set forth herein. Contractor’s proposal is incorporated by reference as though fully set forth herein.

When the need for services arise, City may initiate services through use of written correspondence, executed by authorized City staff and the Contractor. Work by the Contractor may not proceed absent a previously engaged or fully executed consultant agreement and authorizing correspondence for a specific assignment. The Treasury & Customer Service Manager or their designee will maintain the directory of authorized staff who will be permitted to issue assignments to the Contractor. Contractor is prohibited from accepting assignments from City staff who are not authorized and work undertaken without explicit approval will not be due compensation.

2. COMPENSATION
EXHIBIT 2
City Council 9 – 19 10/15/2024

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a. City neither warrants nor guarantees any minimum or maximum compensation to Contractor under this Agreement. Contractor shall be paid only for actual approved services performed under this Agreement at the rates and charges identified in Exhibit B – Compensation. Contractor is one of five (5) contractors selected to provide administrative hearing officer services on an as-needed basis under RFP No. 24-052.

The total compensation for services provided by all Contractors selected under RFP No. 24-052 is a collective amount not to exceed $1,970,000 during the term of the Agreement, including any extension periods.
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 Contractor agree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH) transfers. Contractor 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 Contractor’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.

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caused to be prepared by Contractor under this Agreement (“Documents & Data”). Contractor 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.

MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:

2. 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.

4. Professional Liability Insurance: with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 aggregate.

Other Insurance Provisions
The above required insurance policies are to contain or be endorsed to contain the following provisions

1. City, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds, under Contractor’s CGL, and Automobile Liability policies, with respect to any liability arising out of work or operations performed by or City Council 9 – 21 10/15/2024

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on behalf of the Instructor including materials, parts, equipment, and personnel furnished in connection with such work or operations.

3. For any claims related to this contract, Contractor’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.

6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: Executive Director, Finance and Management Services, 20 Civic Center Plaza M-17, Santa Ana, CA 92701. The name and location of project must be included in the Description of Operations section of each certificate.

City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

City Council 9 – 22 10/15/2024

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7. INDEMNIFICATION
Contractor 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 Contractor, 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 Contractor 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 Contractor’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 Contractor.

8. INTELLECTUAL PROPERTY INDEMNIFICATION
Contractor 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 Contractor to the City pursuant to this Agreement.

9. RECORDS
Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor 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 Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor 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. Contractor 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 Contractor under this Agreement.

10. CONFIDENTIALITY
If Contractor receives from the City information which due to the nature of such City Council 9 – 23 10/15/2024

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information is reasonably understood to be confidential and/or proprietary, Contractor 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 Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City.

11. CONFLICT OF INTEREST CLAUSE
Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement.

12. NON-DISCRIMINATION
Contractor 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. Contractor 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 Contractor, 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 Contractor. 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 Contractor 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 Contractor, City Council 9 – 24 10/15/2024

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Contractor 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, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor 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 Contractor 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 Contractor consents to the City's use thereof for such purposes as the City deems appropriate.
b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement.

16. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.

17. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement.

18. PROFESSIONAL LICENSES
Contractor 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. Contractor 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.

City Council 9 – 25 10/15/2024

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19. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons:

To City:

City Clerk
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax: 714- 647-6956
With courtesy copies to:

Executive Director
Finance & Management Services Agency
City of Santa Ana
20 Civic Center Plaza (M-15)
P.O. Box 1988
Santa Ana, California 92702
To Contractor:

20. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the Summer L. Nastich
Principal
Nastich Law, a Professional Corporation
2341 Derby Street
Berkeley, CA 94705
City Council 9 – 26 10/15/2024

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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.

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 City Manager
APPROVED AS TO FORM:

SONIA R. CARVALHO NASTICH LAW:

City Attorney
By:

Andrea Garcia-Miller
Assistant City Attorney (title)
Tax ID#
RECOMMENDED FOR APPROVAL:

Kathryn Downs
Executive Director
Finance & Management Services Agency
Summer L. Nastich
Principal
Kathryn Downs (Oct 7, 2024 16:53 PDT)
City Council 9 – 27 10/15/2024

EXHIBIT A

SCOPE OF SERVICES
Services performed by Contractor shall include, but are not limited to the following:

A. GENERAL REQUIREMENTS

1. Prepare for hearings as scheduled by City staff, including notification of the hearing type, date, time, and location to appellant.

2. Review case documentation submitted with appeals, and identifying and communicating potential concerns to the City.

3. Perform legal research, and interpret complex statutes, policies, and procedural guidelines.

4. Instruct participants in hearing of their rights and applicable hearing procedures.

5. Conduct hearings in a fair, impartial, courteous, and professional manner.

6. Hear testimony and evidence from parties regarding the issues.

7. Prepare written decisions, which set forth the legal and evidentiary basis for the decision, and adopt findings as required by the particular provisions of the Santa Ana Municipal Code (SAMC).

8. Perform all other services as outlined in the resulting agreement for services upon award.

9. Hearing Officers will confirm the absence of conflicts before undertaking any new matters for the City. Hearing Officers will inform and seek the consent of the City before representing another client in any matter directly averse to the City (e.g., transactions, negotiations, proceedings, or other representations involving specific parties).

10. Hearing Officer will be required to provide Hearing Officer Services upon acceptance of assignments.

11. Hearing preparation could include, but is not limited to, reading the file materials and familiarization with SAMC provisions at issue, hearing materials, and rules of evidence.

14. All hearings shall be conducted in English and, if necessary, with the assistance of foreign language translator as provided by applicants/contesting parties or the City.

15. City staff will coordinate the recording of hearings, if applicable. Assistance may be requested from the Hearing Officer during recording sessions.

B. REPORTS AND DELIVERABLES

2. Hearing Officers shall provide a detailed invoice for services rendered each month, including the case number, hearing date, time incurred, and hourly rate.

1. Code Enforcement: SAMC § 1-18.1

2. Environmental Sanitation Violations: SAMC § 1-18.2 and SAMC § 1-21

3. Buildings and Structures: SAMC Chapter 8 (Various Subsections)

4. Rent Stabilization and Just Cause Eviction Ordinance: SAMC § 8-3145(f) (Per Ordinance No.

NS-3052)

5. Refuse Violations: SAMC Chapter 16 (Various Subsections)

6. Public Safety Sensitive Business Establishments: SAMC § 18-90 through 18-105; SAMC § 22-1 through 22-16

7. Non-Regulatory Business License Tax: SAMC § 21-41

8. Cannabis Business License Tax: SAMC § 21-41

9. Hotel Visitors Tax: SAMC § 35-133

10. Utility Users Tax for Electric, Gas & Telecommunications: SAMC § 35-173 City Council 9 – 29 10/15/2024

EXHIBIT B

A. Rate for hearings conducted virtually, billed at quarter hour increments. • $250 per hour
B. Rate for hearings conducted at Santa Ana City Hall, billed at quarter hour increments. • $250 per hour
C. Rate for hearing preparation and document review, billed at quarter hour increments. • $250 per hour
D. Rate for hearing closeouts and preparing written determinations, billed at quarter hour increments.
• $250 per hour
E. Charge for No-Show Applicants.
• No charge
F. Cancellation Rate.
• No charge
G. Initial Orientation & Subsequent Trainings Hourly Rate. • No charge
H. Additional Fees and Charges
• Extraordinary costs, such as printing costs in excess of $50.00 or hearing room rentals will be passed through with no markup, following prior approval from the City City Council 9 – 30 10/15/2024
Exhibit 2 (14) (1)
Final Audit Report 2024-10-07
Created: 2024-10-07
By: Kristin Andrade ([email protected])
Status: Signed
Transaction ID: CBJCHBCAABAAEtxp5L5sH3AyFGMd0I0FAjLoX-KjKyuo "Exhibit 2 (14) (1)" History
Document created by Kristin Andrade ([email protected]) 2024-10-07 - 11:52:38 PM GMT
Document emailed to Kathryn Downs ([email protected]) for signature 2024-10-07 - 11:52:57 PM GMT
Email viewed by Kathryn Downs ([email protected])
2024-10-07 - 11:53:32 PM GMT
Document e-signed by Kathryn Downs ([email protected]) Signature Date: 2024-10-07 - 11:53:47 PM GMT - Time Source: server Agreement completed.
2024-10-07 - 11:53:47 PM GMT
City Council 9 – 31 10/15/2024

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ADMINISTRATIVE HEARING OFFICER SERVICES AGREEMENT

BETWEEN PALACIOS LAW OFFICE AND THECITY OF SANTA ANA
THIS AGREEMENT is made and entered into on this 15th day of October, 2024 by and between Palacios Law Office, (“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. On April 18, 2024, the City issued Request for Proposals No. 24-052 (“RFP”), by which it sought contractors to provide as-needed administrative hearing officer services for various Agencies of the City of Santa Ana. The scope of work included administrative hearing officer services. This may include preparation of hearings as scheduled by City staff, reviewing case documentation submitted with appeals, performing legal research, conducting hearings, and preparing written decisions.

B. Contractor submitted a responsive proposal that was among those selected by the City.

Contractor represents that itis able and willing to provide the services described in the scope of work that was included in the RFP and attached as Exhibit A.

C. Contractor was selected as one of five (5) vendors which qualified for this engagement.

Only those contractors approved by the City Council shall be eligible to be engaged by the City for these services.

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:

EXHIBIT 3
City Council 9 – 32 10/15/2024

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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.

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drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement (“Documents & Data”). Contractor 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.

MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:

2. 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. In the event Contractor does not maintain commercial automobile liability insurance, City will accept evidence of personal automobile insurance with existing limits, which may be lower than $1,000,000.

4. Professional Liability Insurance: with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 aggregate.

Other Insurance Provisions
The above required insurance policies are to contain or be endorsed to contain the following provisions
City Council 9 – 34 10/15/2024

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1. City, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds, under Contractor’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.

6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: (Executive Director, Finance and Management Services M-17, Santa Ana, CA 92701. The name and location of project must be included in the Description of Operations section of each certificate.

City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

City Council 9 – 35 10/15/2024

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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.

City Council 9 – 36 10/15/2024

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10. CONFIDENTIALITY
If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor 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 Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City.

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14. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor 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.

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Santa Ana and all other governmental agencies. Contractor 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.

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
Finance & Management Services Agency
City of Santa Ana
20 Civic Center Plaza (M-15)
P.O. Box 1988
Santa Ana, California 92702
To Contractor:

Owner
Palacios Law Office
PO Box 7282
Riverside CA 92513
FAX: 951-489-0600
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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.

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 City Manager
APPROVED AS TO FORM:

SONIA R. CARVALHO CONTRACTOR:

City Attorney
By:

Andrea Garcia-Miller
Assistant City Attorney (title)
Tax ID#
RECOMMENDED FOR APPROVAL:

Kathryn Downs
Executive Director
Finance & Management Services Agency
Elio Palacios Jr.

Owner
Kathryn Downs (Oct 7, 2024 16:55 PDT)
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