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Agenda Packet_2025-05-20
City Council Meeting Packet May 20, 2025 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 Councilmember – Ward 1 Benjamin Vazquez Mayor Pro Tem 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 • 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 https://www.youtube.com/cityofsantaanavideos/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 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. 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, ii) agenda/general comments, iii) public hearing item, iv) special agenda item, or v) for Housing Authority item. You may request to speak by dialing *9 from your phone or you may virtually raise your hand from Zoom. After the Clerk confirms the last three digits of the caller’s phone number or Zoom ID and unmutes them, the caller must press *6 or microphone icon to speak. Callers are encouraged, but not required, to identify themselves by name. Each caller will be provided three (3) minutes to speak, unless due to the number of speakers wanting to speak a decision is made to provide a different amount of time to speak. 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. 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. 3. LIVE PUBLIC COMMENTS ON PUBLIC HEARING ITEMS – You can provide comments by joining Zoom or the Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speakers not in the queue by 5:45 p.m. will not be permitted to speak. 4. LIVE PUBLIC COMMENTS ON HOUSING AUTHORITY ITEMS – You can provide comments by joining Zoom or the Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speakers not in the queue by 5:45 p.m. will not be permitted to speak. TRANSLATION SERVICES Spanish interpreting services are provided at City Council meetings. Simultaneous Spanish interpretation is provided through the use of headsets and consecutive interpretation (SpanishtoEnglish) in addition to those wishing to address the City Council at the podium. La ciudad provee servicios de interpretación al español en las juntas del Consejo. La interpretación simultánea al español se ofrece por medio del uso de audífonos y la interpretación consecutiva (español a inglés) también está disponible para cualquiera que desee dirigirse al consejo municipal en el podio. About the Agenda To download or view the attachments (staff report and other supporting documentation) for each agenda item, you must select the agenda item to see the attachments to either open in a new link (the eyeball ) or download a pdf (the cloud symbol with the down arrow ). CLOSED SESSION CALL TO ORDER ATTENDANCE Council Members Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez David Penaloza Thai Viet Phan Mayor Pro Tem Benjamin Vazquez Mayor Valerie Amezcua City Manager Alvaro Nuñez City Attorney Sonia R. Carvalho City Clerk Jennifer L. Hall ROLL CALL ADDITIONS\DELETIONS TO CLOSED SESSION PUBLIC COMMENTS – Members of the public may address the City Council on Closed Session items. RECESS – City Council will recess to Closed Session for the purpose of conducting regular City business. CLOSED SESSION ITEMS – The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation: 1.CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code: A. Anchor Stone Christian Church v. City of Santa Ana, et al., United States District Court Case No. 8:25cv00215JWHDFM 2.CONFERENCE WITH LEGAL COUNSEL – POTENTIAL INITIATION OF LITIGATION pursuant to paragraph (4) of subdivision (d) of Government Code Section 54956.9: Three (3) cases – Drug Den Abatement Actions 1502 E. 1st Street, Santa Ana (“El Tapatio”) 1504 E. 1st Street, Santa Ana (“Royal Roman”) 1519 E. 1st Street, Santa Ana (“Royal Grand”) 3.PUBLIC EMPLOYEE EMPLOYMENT/APPOINTMENT pursuant to Section 54957(b) (1) of the Government Code: Title: Police Oversight Commission Independent Oversight Director 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 Thai Viet Phan Mayor Pro Tem Benjamin Vazquez 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 Pastor Johnny Dunning ADDITIONS\DELETIONS TO THE AGENDA CEREMONIAL PRESENTATIONS 1.Certificates of Recognition presented by Mayor Amezcua recognizing Santa Ana’s Annual Youth Poster Contest Winners 2.Proclamation presented by Mayor Pro Tem Vazquez to Santa Ana Active Streets declaring May 2025 as National Bike Month 3.Proclamation presented by Councilmember Bacerra and Councilmember Phan declaring May 2025 as Asian American & Pacific Islander Heritage Month 4.Proclamation presented by Councilmember Lopez to First 5 Orange County declaring May 2025 as Early Childhood Month 5.Certificates of Recognition presented by Councilmember Penaloza recognizing Pio Pico’s Inaugural Intermediate Sports Team for Exceptional Sportsmanship CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed Session. PUBLIC COMMENTS – Public comments will be held during the beginning of the meeting for ALL comments on agenda and nonagenda items. CONSENT CALENDAR RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 6 through 24 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 May 6, 2025 Department(s): City Clerk’s Office Recommended Action: Approve minutes. 8.Regional and Unified Local Workforce Plans for Program Years (PY) 20252028 as Required Under the Federal Title I Workforce Innovation and Opportunity Act Department(s): Community Development Agency Recommended Action: Approve the Regional and Unified Local Workforce Plans for PY 20252028 and authorize the submission to the State as required by the federal Workforce Innovation and Opportunity Act Title I grant. 9.Local Area Subsequent Designation and Local Board Recertification Program Year (PY) 20252027 Department(s): Community Development Agency Recommended Action: Authorize the submission of the application for Subsequent Local Area Designation and Local Board Recertification for PY 20252027. 10.Quarterly Report of Investments as of March 31, 2025 Department(s): Finance and Management Services Recommended Action: Receive and file. 11.Quarterly Report of Contracts up to $50,000 for NonPublic Works and up to $500,000 for Public Works Authorized by the City Manager as Permitted by Charter Section 421 Department(s): Finance and Management Services Recommended Action: Receive and file Quarterly Report of Contracts entered into between January 1, 2025 to March 31, 2025. 12.Contract to Cherry Bekaert Advisory LLC for Governmental Accounting Standards Board (GASB) Consulting Services (General Fund) Department(s): Finance and Management Services Recommended Action: Authorize the City Manager to execute an agreement with Cherry Bekaert Advisory LLC to provide Consulting Services to implement new GASB standards for a total amount not to exceed $156,000 for a twoyear period beginning with the fiscal year ending June 30, 2025 through June 30, 2026, with a provision for three, oneyear extensions for the fiscal years ending June 30, 2027, June 30, 2028, and June 30, 2029. (Agreement No. A2025XXX). 13.Agreement with ProudCity for the Licensing of a Website Content Management System (CMS) and Services Department(s): Information Technology Recommended Action: Authorize the City Manager to execute an agreement with ProudCity, Inc. for website content management system (CMS) software subscriptions and professional services, for a threeyear term beginning July 1, 2025 and ending June 30, 2028, for an annual amount not to exceed $103,827, for a total aggregate amount not to exceed $311,481 over the life of the agreement (Agreement No. A 2025XXX). 14.Agreement with StandUp for Kids to provide Rapid ReHousing Services Paired With Services Coordination for Homeless Youth from the Age of Eighteen to TwentyFour (NonGeneral Fund) Department(s): Community Development Agency Recommended Action: Approve an agreement with Standup for Kids Orange County, in an amount not to exceed $375,000, for Rapid ReHousing and Services Coordination for a twoyear period, beginning May 20, 2025, and ending May 19, 2027, with the option for the City to grant a oneyear renewal in writing by the City Manager and the City Attorney (Agreement No. A2025XXX). 15.Historic Property Preservation Agreement for the Property Located at 2301 N. Westwood Avenue Department(s): Planning and Building Agency Recommended Action: Authorize the City Manager to execute the attached Mills Act agreement with the belowreferenced property owner for the identified structure(s) (Agreement No. A2025XXX). [Includes determination that the proposed project is exempt from further review in accordance with the California Environmental Quality Act as Categorical Exemption/Environmental Review No. 202505 will be filed for the project] Table 1: Mills Act Agreement Approved by the Historic Resources Commission (HRC) Property Owner(s) Historic Property Preservation Agreement No.Address/House Vote by HRC Kevin T. Nguyen 202501 2301 N. Westwood Avenue 6:0:0:1 (Commissioner Padilla absent) 16.Agreement with Kim Turner, LLC for Recruitment, Training, and Staffing Consulting Services (Specification No 25009) (NonGeneral Fund) Department(s): Police Department Recommended Action: Authorize the City Manager to execute a oneyear agreement with Kim Turner, LLC, to provide recruitment, training, and staffing consulting services for the period of May 20, 2025 through May 19, 2026, with provisions for two, oneyear extensions, in an amount not to exceed $197,500 (Agreement A2025XXX). 17.Purchase Order to Tolar Manufacturing Company for Bus Shelters and Related Amenities (Specification No. 25063) (General Fund) Department(s): Public Works Agency Recommended Action: Authorize a Purchase Order to Tolar Manufacturing Company for bus shelters and related amenities, in a total amount not to exceed $250,000. 18.Agreement with HDR Engineering, Inc. to Conduct the First Street Multimodal Boulevard Study (NonGeneral Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with HDR Engineering Inc. to provide traffic engineering and transportation planning services for the First Street Multimodal Boulevard Study in the amount of $3,870,000, for a term beginning May 21, 2025 and ending on May 20, 2027, with the option for two, oneyear extensions (Agreement No. A2025XXX). 19.Agreement with Robert D. Niehaus, Inc. for LongTerm Financial Planning and Water and Sewer Cost of Service Study (Specification No. 25013) (NonGeneral Fund) Department(s): Public Works Agency Recommended Action: Approve an agreement with Robert D. Niehaus, Inc. to conduct longterm financial planning and a water and sewer cost of service study for an amount not to exceed $130,850, for a term beginning May 20, 2025 and expiring May 19, 2028, with a provision for two oneyear extensions (Agreement No. A2025 XXX). 20.Agreements with Butier Engineering, Inc., Z&K Consultants, Inc., Berg & Associates, Inc., Psomas, Willdan Engineering, and EEC Environmental for OnCall Construction Management and Inspection Services (No. 25011) (NonGeneral Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute agreements with Butier Engineering, Inc., Z&K Consultants, Inc., Berg & Associates, Inc., Psomas, Willdan Engineering, and EEC Environmental for oncall construction management services and inspection services, for a shared aggregate amount not to exceed $1,500,000, for a term beginning May 21, 2025 and expiring May 20, 2028, with provisions for two oneyear extensions (Core Agreement No. A2025XXX). 21.First Amendment to Interagency Agreement with the Orange County Water District and Moulton Niguel Water District Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute the first amendment to the agreement with Orange County Water District and Moulton Niguel Water District, to extend the term of the agreement to June 30, 2028, and to amend the scope of work to include a final design of the proposed infrastructure based on the preliminary design analysis (Agreement No. A2025XXX). 22.Second Amendment to the Waste Disposal Agreement with the County of Orange (NonGeneral Fund) Department(s): Public Works Agency Recommended Action: Approve a second amendment to the Waste Disposal Agreement with the County of Orange for an additional oneyear term ending June 30, 2026 for continued importation of waste to the County’s three landfills (Agreement No. A2025XXX). 23.Resolution Authorizing the City of Santa Ana to Donate Surplus Public Works Equipment to Sister City, Sahuayo de Morelos, Michoacán, Mexico Department(s): Public Works Agency Recommended Action: Adopt a resolution authorizing the City of Santa Ana to donate surplus Public Works equipment to Sister City Sahuayo de Morelos, Michoacán, Mexico. RESOLUTION NO. 2025XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING DONATION OF SURPLUS PUBLIC WORKS EQUIPMENT TO SISTER CITY SAHUAYO DE MORELOS 24.Second Reading of an Ordinance Adding Article XIV to Chapter 10 (Crimes and Miscellaneous Law Enforcement Provisions) of the Santa Ana Municipal Code Prohibiting the Sale or Distribution of Nitrous Oxide First reading conducted at the May 6, 2025 City Council meeting and approved by vote of 70. Legal notice published in the OC Reporter on May 9, 2025. Department(s): Police Department Recommended Action: Conduct a second reading and adopt an Ordinance adding Article XIV to Chapter 10 (Crimes and Miscellaneous Law Enforcement Provisions) of the Santa Ana Municipal Code prohibiting the sale or distribution of Nitrous Oxide: ORDINANCE NO. NS3079 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADDING ARTICLE XIV TO CHAPTER 10 OF THE SANTA ANA MUNICIPAL CODE (CRIMES AND MISCELLANEOUS LAW ENFORCEMENT PROVISIONS) PROHIBITING THE SALE OR DISTRIBUTION OF NITROUS OXIDE [Includes determination that the ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to CEQA and Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect change in the environment and is not a “project” as defined in Section 15378 of the CEQA Guidelines as well as pursuant to the “common sense” exemption set forth in CEQA Guidelines Section 15061(b)(3)] **END OF CONSENT CALENDAR** BUSINESS CALENDAR 25.Resolutions Supporting California Senate Bills 28 and 38 (Umberg), 569 (Blakespear), and 757 (Richardson) Department(s): City Manager’s Office Recommended Action: Adopt the following resolutions in support of state legislative efforts aligned with the City’s goals of enhancing the quality of life for residents through community safety, housing stability, and criminal justice reform: 1. RESOLUTION NO. 2025XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA IN SUPPORT OF CALIFORNIA SENATE BILLS 28 AND 38 BY SENATOR THOMAS J. UMBERG TO STRENGTHEN TREATMENT COURT STANDARDS AND REENTRY OPPORTUNITIES THROUGH THE SECOND CHANCE PROGRAM; and 2. RESOLUTION NO. 2025XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA SUPPORTING CALIFORNIA SENATE BILL 569 BY SENATOR CATHERINE BLAKESPEAR, THE HOMELESS ENCAMPMENT COLLABORATION ACT, TO STRENGTHEN LOCAL COLLABORATION WITH THE DEPARTMENT OF TRANSPORTATION; and 3. RESOLUTION NO. 2025XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA IN SUPPORT OF SENATE BILL 757 BY SENATOR STEVEN RICHARDSON, THE LOCAL GOVERNMENT – NUISANCE ABATEMENT, TO EXPAND AND STRENGTHEN LOCAL AUTHORITY AND CONTROL 26.Ordinance Adding Article XII Entitled Disclosure of Certain Enforcement Actions to Chapter 2 of the Sana Ana Municipal Code Requiring Disclosure of Federal Election Commission and California Fair Political Practices Commission Enforcement Actions Department(s): City Manager’s Office Recommended Action: Conduct a first reading and adopt an ordinance adding Article XII entitled Disclosure of Certain Enforcement Actions to Chapter 2 of the Santa Ana Municipal Code requiring disclosure of Federal Election Commission and California Fair Political Practices Commission enforcement actions: ORDINANCE NO. NSXXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADDING ARTICLE XII ENTITLED DISCLOSURE OF CERTAIN ENFORCEMENT ACTIONS TO CHAPTER 2 OF THE SANTA ANA MUNICIPAL CODE REQUIRING DISCLOSURE OF FEDERAL ELECTION COMMISSION AND CALIFORNIA FAIR POLITICAL PRACTICES COMMISSION ENFORCEMENT ACTIONS FOR CERTAIN LICENSES, PERMITS OR OTHER ENTITLEMENTS FOR USE **END OF BUSINESS CALENDAR** COUNCILMEMBER REQUESTED ITEMS 27.Discuss and Consider Providing Direction to the City Manager to Develop and Implement a Policy Requiring Immediate Disclosure of All ICE Courtesy Notifications Received by the Santa Ana Police Department – Councilmember Hernandez and Mayor Pro Tem Vazquez WORK STUDY SESSION 28.Fiscal Year 202526 Budget Work Study Session Department(s): Finance and Management Services Recommended Action: Discuss and provide further direction to staff. 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. FY2025/26 Budget Adoption 2. Tourism and Marketing District Renewal POSTING STATEMENT: On May 13, 2025, a true and correct copy of this agenda was posted at the entrance to City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. Internet Access to City Council, Agency, and Authority agendas and related material is available prior to meetings at santaana.org/agendasandminutes. City Council 1 5/20/2025 City Council Meeting PacketMay 20, 2025CLOSED SESSION MEETING – 4:00 PMREGULAR OPEN MEETING – 5:30 PM (Immediately following the Closed Session Meeting)CITY COUNCIL CHAMBER22 Civic Center Plaza Santa Ana, CA 92701Valerie AmezcuaMayorThai Viet PhanCouncilmember – Ward 1 Benjamin VazquezMayor Pro Tem Ward 2Jessie LopezCouncilmember Ward 3 Phil BacerraCouncilmember Ward 4Johnathan Ryan HernandezCouncilmember Ward 5 David PenalozaCouncilmember Ward 6Mayor and Council telephone: 7146476900Agenda item inquiries: 7146476520Sonia R. CarvalhoCity Attorney Alvaro NuñezCity Manager Jennifer L. HallCity Clerk In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting, contact Michael Ortiz, City ADA Program Coordinator, at (714) 6475624. Notification 48 hours prior to the Meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supporting documentation can be found on the City’s website – www.santaana.org/agendasandminutes. CITY VISION AND CODE OF ETHICS The City of Santa Ana is committed to achieving a shared vision for the organization and its community. The Vision, Mission and Guiding Principles (Values) are the result of a thoughtful and inclusive process designed to set the City and organization on a course that meets the challenges of today and tomorrow, as follows: Vision The dynamic center of Orange County which is acclaimed for our: Investment in youth • Safe and healthy community • Neighborhood pride • Thriving economic climate • Enriched and diverse culture • Quality government services Mission To deliver efficient public services in partnership with our community which ensures public safety, a prosperous economic environment, opportunities for our youth, and a high quality of life for residents. Guiding Principles Collaboration • Efficiency • Equity • Excellence • Fiscal Responsibility • Innovation • Transparency 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 https://www.youtube.com/cityofsantaanavideos/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 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. 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, ii) agenda/general comments, iii) public hearing item, iv) special agenda item, or v) for Housing Authority item. You may request to speak by dialing *9 from your phone or you may virtually raise your hand from Zoom. After the Clerk confirms the last three digits of the caller’s phone number or Zoom ID and unmutes them, the caller must press *6 or microphone icon to speak. Callers are encouraged, but not required, to identify themselves by name. Each caller will be provided three (3) minutes to speak, unless due to the number of speakers wanting to speak a decision is made to provide a different amount of time to speak. 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. 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. 3. LIVE PUBLIC COMMENTS ON PUBLIC HEARING ITEMS – You can provide comments by joining Zoom or the Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speakers not in the queue by 5:45 p.m. will not be permitted to speak. 4. LIVE PUBLIC COMMENTS ON HOUSING AUTHORITY ITEMS – You can provide comments by joining Zoom or the Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speakers not in the queue by 5:45 p.m. will not be permitted to speak. TRANSLATION SERVICES Spanish interpreting services are provided at City Council meetings. Simultaneous Spanish interpretation is provided through the use of headsets and consecutive interpretation (SpanishtoEnglish) in addition to those wishing to address the City Council at the podium. La ciudad provee servicios de interpretación al español en las juntas del Consejo. La interpretación simultánea al español se ofrece por medio del uso de audífonos y la interpretación consecutiva (español a inglés) también está disponible para cualquiera que desee dirigirse al consejo municipal en el podio. About the Agenda To download or view the attachments (staff report and other supporting documentation) for each agenda item, you must select the agenda item to see the attachments to either open in a new link (the eyeball ) or download a pdf (the cloud symbol with the down arrow ). CLOSED SESSION CALL TO ORDER ATTENDANCE Council Members Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez David Penaloza Thai Viet Phan Mayor Pro Tem Benjamin Vazquez Mayor Valerie Amezcua City Manager Alvaro Nuñez City Attorney Sonia R. Carvalho City Clerk Jennifer L. Hall ROLL CALL ADDITIONS\DELETIONS TO CLOSED SESSION PUBLIC COMMENTS – Members of the public may address the City Council on Closed Session items. RECESS – City Council will recess to Closed Session for the purpose of conducting regular City business. CLOSED SESSION ITEMS – The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation: 1.CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code: A. Anchor Stone Christian Church v. City of Santa Ana, et al., United States District Court Case No. 8:25cv00215JWHDFM 2.CONFERENCE WITH LEGAL COUNSEL – POTENTIAL INITIATION OF LITIGATION pursuant to paragraph (4) of subdivision (d) of Government Code Section 54956.9: Three (3) cases – Drug Den Abatement Actions 1502 E. 1st Street, Santa Ana (“El Tapatio”) 1504 E. 1st Street, Santa Ana (“Royal Roman”) 1519 E. 1st Street, Santa Ana (“Royal Grand”) 3.PUBLIC EMPLOYEE EMPLOYMENT/APPOINTMENT pursuant to Section 54957(b) (1) of the Government Code: Title: Police Oversight Commission Independent Oversight Director 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 Thai Viet Phan Mayor Pro Tem Benjamin Vazquez 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 Pastor Johnny Dunning ADDITIONS\DELETIONS TO THE AGENDA CEREMONIAL PRESENTATIONS 1.Certificates of Recognition presented by Mayor Amezcua recognizing Santa Ana’s Annual Youth Poster Contest Winners 2.Proclamation presented by Mayor Pro Tem Vazquez to Santa Ana Active Streets declaring May 2025 as National Bike Month 3.Proclamation presented by Councilmember Bacerra and Councilmember Phan declaring May 2025 as Asian American & Pacific Islander Heritage Month 4.Proclamation presented by Councilmember Lopez to First 5 Orange County declaring May 2025 as Early Childhood Month 5.Certificates of Recognition presented by Councilmember Penaloza recognizing Pio Pico’s Inaugural Intermediate Sports Team for Exceptional Sportsmanship CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed Session. PUBLIC COMMENTS – Public comments will be held during the beginning of the meeting for ALL comments on agenda and nonagenda items. CONSENT CALENDAR RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 6 through 24 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 May 6, 2025 Department(s): City Clerk’s Office Recommended Action: Approve minutes. 8.Regional and Unified Local Workforce Plans for Program Years (PY) 20252028 as Required Under the Federal Title I Workforce Innovation and Opportunity Act Department(s): Community Development Agency Recommended Action: Approve the Regional and Unified Local Workforce Plans for PY 20252028 and authorize the submission to the State as required by the federal Workforce Innovation and Opportunity Act Title I grant. 9.Local Area Subsequent Designation and Local Board Recertification Program Year (PY) 20252027 Department(s): Community Development Agency Recommended Action: Authorize the submission of the application for Subsequent Local Area Designation and Local Board Recertification for PY 20252027. 10.Quarterly Report of Investments as of March 31, 2025 Department(s): Finance and Management Services Recommended Action: Receive and file. 11.Quarterly Report of Contracts up to $50,000 for NonPublic Works and up to $500,000 for Public Works Authorized by the City Manager as Permitted by Charter Section 421 Department(s): Finance and Management Services Recommended Action: Receive and file Quarterly Report of Contracts entered into between January 1, 2025 to March 31, 2025. 12.Contract to Cherry Bekaert Advisory LLC for Governmental Accounting Standards Board (GASB) Consulting Services (General Fund) Department(s): Finance and Management Services Recommended Action: Authorize the City Manager to execute an agreement with Cherry Bekaert Advisory LLC to provide Consulting Services to implement new GASB standards for a total amount not to exceed $156,000 for a twoyear period beginning with the fiscal year ending June 30, 2025 through June 30, 2026, with a provision for three, oneyear extensions for the fiscal years ending June 30, 2027, June 30, 2028, and June 30, 2029. (Agreement No. A2025XXX). 13.Agreement with ProudCity for the Licensing of a Website Content Management System (CMS) and Services Department(s): Information Technology Recommended Action: Authorize the City Manager to execute an agreement with ProudCity, Inc. for website content management system (CMS) software subscriptions and professional services, for a threeyear term beginning July 1, 2025 and ending June 30, 2028, for an annual amount not to exceed $103,827, for a total aggregate amount not to exceed $311,481 over the life of the agreement (Agreement No. A 2025XXX). 14.Agreement with StandUp for Kids to provide Rapid ReHousing Services Paired With Services Coordination for Homeless Youth from the Age of Eighteen to TwentyFour (NonGeneral Fund) Department(s): Community Development Agency Recommended Action: Approve an agreement with Standup for Kids Orange County, in an amount not to exceed $375,000, for Rapid ReHousing and Services Coordination for a twoyear period, beginning May 20, 2025, and ending May 19, 2027, with the option for the City to grant a oneyear renewal in writing by the City Manager and the City Attorney (Agreement No. A2025XXX). 15.Historic Property Preservation Agreement for the Property Located at 2301 N. Westwood Avenue Department(s): Planning and Building Agency Recommended Action: Authorize the City Manager to execute the attached Mills Act agreement with the belowreferenced property owner for the identified structure(s) (Agreement No. A2025XXX). [Includes determination that the proposed project is exempt from further review in accordance with the California Environmental Quality Act as Categorical Exemption/Environmental Review No. 202505 will be filed for the project] Table 1: Mills Act Agreement Approved by the Historic Resources Commission (HRC) Property Owner(s) Historic Property Preservation Agreement No.Address/House Vote by HRC Kevin T. Nguyen 202501 2301 N. Westwood Avenue 6:0:0:1 (Commissioner Padilla absent) 16.Agreement with Kim Turner, LLC for Recruitment, Training, and Staffing Consulting Services (Specification No 25009) (NonGeneral Fund) Department(s): Police Department Recommended Action: Authorize the City Manager to execute a oneyear agreement with Kim Turner, LLC, to provide recruitment, training, and staffing consulting services for the period of May 20, 2025 through May 19, 2026, with provisions for two, oneyear extensions, in an amount not to exceed $197,500 (Agreement A2025XXX). 17.Purchase Order to Tolar Manufacturing Company for Bus Shelters and Related Amenities (Specification No. 25063) (General Fund) Department(s): Public Works Agency Recommended Action: Authorize a Purchase Order to Tolar Manufacturing Company for bus shelters and related amenities, in a total amount not to exceed $250,000. 18.Agreement with HDR Engineering, Inc. to Conduct the First Street Multimodal Boulevard Study (NonGeneral Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with HDR Engineering Inc. to provide traffic engineering and transportation planning services for the First Street Multimodal Boulevard Study in the amount of $3,870,000, for a term beginning May 21, 2025 and ending on May 20, 2027, with the option for two, oneyear extensions (Agreement No. A2025XXX). 19.Agreement with Robert D. Niehaus, Inc. for LongTerm Financial Planning and Water and Sewer Cost of Service Study (Specification No. 25013) (NonGeneral Fund) Department(s): Public Works Agency Recommended Action: Approve an agreement with Robert D. Niehaus, Inc. to conduct longterm financial planning and a water and sewer cost of service study for an amount not to exceed $130,850, for a term beginning May 20, 2025 and expiring May 19, 2028, with a provision for two oneyear extensions (Agreement No. A2025 XXX). 20.Agreements with Butier Engineering, Inc., Z&K Consultants, Inc., Berg & Associates, Inc., Psomas, Willdan Engineering, and EEC Environmental for OnCall Construction Management and Inspection Services (No. 25011) (NonGeneral Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute agreements with Butier Engineering, Inc., Z&K Consultants, Inc., Berg & Associates, Inc., Psomas, Willdan Engineering, and EEC Environmental for oncall construction management services and inspection services, for a shared aggregate amount not to exceed $1,500,000, for a term beginning May 21, 2025 and expiring May 20, 2028, with provisions for two oneyear extensions (Core Agreement No. A2025XXX). 21.First Amendment to Interagency Agreement with the Orange County Water District and Moulton Niguel Water District Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute the first amendment to the agreement with Orange County Water District and Moulton Niguel Water District, to extend the term of the agreement to June 30, 2028, and to amend the scope of work to include a final design of the proposed infrastructure based on the preliminary design analysis (Agreement No. A2025XXX). 22.Second Amendment to the Waste Disposal Agreement with the County of Orange (NonGeneral Fund) Department(s): Public Works Agency Recommended Action: Approve a second amendment to the Waste Disposal Agreement with the County of Orange for an additional oneyear term ending June 30, 2026 for continued importation of waste to the County’s three landfills (Agreement No. A2025XXX). 23.Resolution Authorizing the City of Santa Ana to Donate Surplus Public Works Equipment to Sister City, Sahuayo de Morelos, Michoacán, Mexico Department(s): Public Works Agency Recommended Action: Adopt a resolution authorizing the City of Santa Ana to donate surplus Public Works equipment to Sister City Sahuayo de Morelos, Michoacán, Mexico. RESOLUTION NO. 2025XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING DONATION OF SURPLUS PUBLIC WORKS EQUIPMENT TO SISTER CITY SAHUAYO DE MORELOS 24.Second Reading of an Ordinance Adding Article XIV to Chapter 10 (Crimes and Miscellaneous Law Enforcement Provisions) of the Santa Ana Municipal Code Prohibiting the Sale or Distribution of Nitrous Oxide First reading conducted at the May 6, 2025 City Council meeting and approved by vote of 70. Legal notice published in the OC Reporter on May 9, 2025. Department(s): Police Department Recommended Action: Conduct a second reading and adopt an Ordinance adding Article XIV to Chapter 10 (Crimes and Miscellaneous Law Enforcement Provisions) of the Santa Ana Municipal Code prohibiting the sale or distribution of Nitrous Oxide: ORDINANCE NO. NS3079 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADDING ARTICLE XIV TO CHAPTER 10 OF THE SANTA ANA MUNICIPAL CODE (CRIMES AND MISCELLANEOUS LAW ENFORCEMENT PROVISIONS) PROHIBITING THE SALE OR DISTRIBUTION OF NITROUS OXIDE [Includes determination that the ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to CEQA and Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect change in the environment and is not a “project” as defined in Section 15378 of the CEQA Guidelines as well as pursuant to the “common sense” exemption set forth in CEQA Guidelines Section 15061(b)(3)] **END OF CONSENT CALENDAR** BUSINESS CALENDAR 25.Resolutions Supporting California Senate Bills 28 and 38 (Umberg), 569 (Blakespear), and 757 (Richardson) Department(s): City Manager’s Office Recommended Action: Adopt the following resolutions in support of state legislative efforts aligned with the City’s goals of enhancing the quality of life for residents through community safety, housing stability, and criminal justice reform: 1. RESOLUTION NO. 2025XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA IN SUPPORT OF CALIFORNIA SENATE BILLS 28 AND 38 BY SENATOR THOMAS J. UMBERG TO STRENGTHEN TREATMENT COURT STANDARDS AND REENTRY OPPORTUNITIES THROUGH THE SECOND CHANCE PROGRAM; and 2. RESOLUTION NO. 2025XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA SUPPORTING CALIFORNIA SENATE BILL 569 BY SENATOR CATHERINE BLAKESPEAR, THE HOMELESS ENCAMPMENT COLLABORATION ACT, TO STRENGTHEN LOCAL COLLABORATION WITH THE DEPARTMENT OF TRANSPORTATION; and 3. RESOLUTION NO. 2025XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA IN SUPPORT OF SENATE BILL 757 BY SENATOR STEVEN RICHARDSON, THE LOCAL GOVERNMENT – NUISANCE ABATEMENT, TO EXPAND AND STRENGTHEN LOCAL AUTHORITY AND CONTROL 26.Ordinance Adding Article XII Entitled Disclosure of Certain Enforcement Actions to Chapter 2 of the Sana Ana Municipal Code Requiring Disclosure of Federal Election Commission and California Fair Political Practices Commission Enforcement Actions Department(s): City Manager’s Office Recommended Action: Conduct a first reading and adopt an ordinance adding Article XII entitled Disclosure of Certain Enforcement Actions to Chapter 2 of the Santa Ana Municipal Code requiring disclosure of Federal Election Commission and California Fair Political Practices Commission enforcement actions: ORDINANCE NO. NSXXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADDING ARTICLE XII ENTITLED DISCLOSURE OF CERTAIN ENFORCEMENT ACTIONS TO CHAPTER 2 OF THE SANTA ANA MUNICIPAL CODE REQUIRING DISCLOSURE OF FEDERAL ELECTION COMMISSION AND CALIFORNIA FAIR POLITICAL PRACTICES COMMISSION ENFORCEMENT ACTIONS FOR CERTAIN LICENSES, PERMITS OR OTHER ENTITLEMENTS FOR USE **END OF BUSINESS CALENDAR** COUNCILMEMBER REQUESTED ITEMS 27.Discuss and Consider Providing Direction to the City Manager to Develop and Implement a Policy Requiring Immediate Disclosure of All ICE Courtesy Notifications Received by the Santa Ana Police Department – Councilmember Hernandez and Mayor Pro Tem Vazquez WORK STUDY SESSION 28.Fiscal Year 202526 Budget Work Study Session Department(s): Finance and Management Services Recommended Action: Discuss and provide further direction to staff. 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. FY2025/26 Budget Adoption 2. Tourism and Marketing District Renewal POSTING STATEMENT: On May 13, 2025, a true and correct copy of this agenda was posted at the entrance to City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. Internet Access to City Council, Agency, and Authority agendas and related material is available prior to meetings at santaana.org/agendasandminutes. City Council 2 5/20/2025 City Council Meeting PacketMay 20, 2025CLOSED SESSION MEETING – 4:00 PMREGULAR OPEN MEETING – 5:30 PM (Immediately following the Closed Session Meeting)CITY COUNCIL CHAMBER22 Civic Center Plaza Santa Ana, CA 92701Valerie AmezcuaMayorThai Viet PhanCouncilmember – Ward 1 Benjamin VazquezMayor Pro Tem Ward 2Jessie LopezCouncilmember Ward 3 Phil BacerraCouncilmember Ward 4Johnathan Ryan HernandezCouncilmember Ward 5 David PenalozaCouncilmember Ward 6Mayor and Council telephone: 7146476900Agenda item inquiries: 7146476520Sonia R. CarvalhoCity Attorney Alvaro NuñezCity Manager Jennifer L. HallCity ClerkIn 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 enablethe City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supportingdocumentation can be found on the City’s website – www.santaana.org/agendasandminutes.CITY VISION AND CODE OF ETHICSThe City of Santa Ana is committed to achieving a shared vision for the organization and itscommunity. The Vision, Mission and Guiding Principles (Values) are the result of a thoughtfuland inclusive process designed to set the City and organization on a course that meets thechallenges of today and tomorrow, as follows:Vision The dynamic center of Orange County which is acclaimed for our: Investment inyouth • Safe and healthy community • Neighborhood pride • Thriving economic climate •Enriched and diverse culture • Quality government servicesMission To deliver efficient public services in partnership with our community which ensurespublic safety, a prosperous economic environment, opportunities for our youth, and a highquality of life for residents.Guiding Principles Collaboration • Efficiency • Equity • Excellence • Fiscal Responsibility •Innovation • TransparencyCode 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 https://www.youtube.com/cityofsantaanavideos/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 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. 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, ii) agenda/general comments, iii) public hearing item, iv) special agenda item, or v) for Housing Authority item. You may request to speak by dialing *9 from your phone or you may virtually raise your hand from Zoom. After the Clerk confirms the last three digits of the caller’s phone number or Zoom ID and unmutes them, the caller must press *6 or microphone icon to speak. Callers are encouraged, but not required, to identify themselves by name. Each caller will be provided three (3) minutes to speak, unless due to the number of speakers wanting to speak a decision is made to provide a different amount of time to speak. 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. 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. 3. LIVE PUBLIC COMMENTS ON PUBLIC HEARING ITEMS – You can provide comments by joining Zoom or the Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speakers not in the queue by 5:45 p.m. will not be permitted to speak. 4. LIVE PUBLIC COMMENTS ON HOUSING AUTHORITY ITEMS – You can provide comments by joining Zoom or the Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speakers not in the queue by 5:45 p.m. will not be permitted to speak. TRANSLATION SERVICES Spanish interpreting services are provided at City Council meetings. Simultaneous Spanish interpretation is provided through the use of headsets and consecutive interpretation (SpanishtoEnglish) in addition to those wishing to address the City Council at the podium. La ciudad provee servicios de interpretación al español en las juntas del Consejo. La interpretación simultánea al español se ofrece por medio del uso de audífonos y la interpretación consecutiva (español a inglés) también está disponible para cualquiera que desee dirigirse al consejo municipal en el podio. About the Agenda To download or view the attachments (staff report and other supporting documentation) for each agenda item, you must select the agenda item to see the attachments to either open in a new link (the eyeball ) or download a pdf (the cloud symbol with the down arrow ). CLOSED SESSION CALL TO ORDER ATTENDANCE Council Members Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez David Penaloza Thai Viet Phan Mayor Pro Tem Benjamin Vazquez Mayor Valerie Amezcua City Manager Alvaro Nuñez City Attorney Sonia R. Carvalho City Clerk Jennifer L. Hall ROLL CALL ADDITIONS\DELETIONS TO CLOSED SESSION PUBLIC COMMENTS – Members of the public may address the City Council on Closed Session items. RECESS – City Council will recess to Closed Session for the purpose of conducting regular City business. CLOSED SESSION ITEMS – The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation: 1.CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code: A. Anchor Stone Christian Church v. City of Santa Ana, et al., United States District Court Case No. 8:25cv00215JWHDFM 2.CONFERENCE WITH LEGAL COUNSEL – POTENTIAL INITIATION OF LITIGATION pursuant to paragraph (4) of subdivision (d) of Government Code Section 54956.9: Three (3) cases – Drug Den Abatement Actions 1502 E. 1st Street, Santa Ana (“El Tapatio”) 1504 E. 1st Street, Santa Ana (“Royal Roman”) 1519 E. 1st Street, Santa Ana (“Royal Grand”) 3.PUBLIC EMPLOYEE EMPLOYMENT/APPOINTMENT pursuant to Section 54957(b) (1) of the Government Code: Title: Police Oversight Commission Independent Oversight Director 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 Thai Viet Phan Mayor Pro Tem Benjamin Vazquez 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 Pastor Johnny Dunning ADDITIONS\DELETIONS TO THE AGENDA CEREMONIAL PRESENTATIONS 1.Certificates of Recognition presented by Mayor Amezcua recognizing Santa Ana’s Annual Youth Poster Contest Winners 2.Proclamation presented by Mayor Pro Tem Vazquez to Santa Ana Active Streets declaring May 2025 as National Bike Month 3.Proclamation presented by Councilmember Bacerra and Councilmember Phan declaring May 2025 as Asian American & Pacific Islander Heritage Month 4.Proclamation presented by Councilmember Lopez to First 5 Orange County declaring May 2025 as Early Childhood Month 5.Certificates of Recognition presented by Councilmember Penaloza recognizing Pio Pico’s Inaugural Intermediate Sports Team for Exceptional Sportsmanship CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed Session. PUBLIC COMMENTS – Public comments will be held during the beginning of the meeting for ALL comments on agenda and nonagenda items. CONSENT CALENDAR RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 6 through 24 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 May 6, 2025 Department(s): City Clerk’s Office Recommended Action: Approve minutes. 8.Regional and Unified Local Workforce Plans for Program Years (PY) 20252028 as Required Under the Federal Title I Workforce Innovation and Opportunity Act Department(s): Community Development Agency Recommended Action: Approve the Regional and Unified Local Workforce Plans for PY 20252028 and authorize the submission to the State as required by the federal Workforce Innovation and Opportunity Act Title I grant. 9.Local Area Subsequent Designation and Local Board Recertification Program Year (PY) 20252027 Department(s): Community Development Agency Recommended Action: Authorize the submission of the application for Subsequent Local Area Designation and Local Board Recertification for PY 20252027. 10.Quarterly Report of Investments as of March 31, 2025 Department(s): Finance and Management Services Recommended Action: Receive and file. 11.Quarterly Report of Contracts up to $50,000 for NonPublic Works and up to $500,000 for Public Works Authorized by the City Manager as Permitted by Charter Section 421 Department(s): Finance and Management Services Recommended Action: Receive and file Quarterly Report of Contracts entered into between January 1, 2025 to March 31, 2025. 12.Contract to Cherry Bekaert Advisory LLC for Governmental Accounting Standards Board (GASB) Consulting Services (General Fund) Department(s): Finance and Management Services Recommended Action: Authorize the City Manager to execute an agreement with Cherry Bekaert Advisory LLC to provide Consulting Services to implement new GASB standards for a total amount not to exceed $156,000 for a twoyear period beginning with the fiscal year ending June 30, 2025 through June 30, 2026, with a provision for three, oneyear extensions for the fiscal years ending June 30, 2027, June 30, 2028, and June 30, 2029. (Agreement No. A2025XXX). 13.Agreement with ProudCity for the Licensing of a Website Content Management System (CMS) and Services Department(s): Information Technology Recommended Action: Authorize the City Manager to execute an agreement with ProudCity, Inc. for website content management system (CMS) software subscriptions and professional services, for a threeyear term beginning July 1, 2025 and ending June 30, 2028, for an annual amount not to exceed $103,827, for a total aggregate amount not to exceed $311,481 over the life of the agreement (Agreement No. A 2025XXX). 14.Agreement with StandUp for Kids to provide Rapid ReHousing Services Paired With Services Coordination for Homeless Youth from the Age of Eighteen to TwentyFour (NonGeneral Fund) Department(s): Community Development Agency Recommended Action: Approve an agreement with Standup for Kids Orange County, in an amount not to exceed $375,000, for Rapid ReHousing and Services Coordination for a twoyear period, beginning May 20, 2025, and ending May 19, 2027, with the option for the City to grant a oneyear renewal in writing by the City Manager and the City Attorney (Agreement No. A2025XXX). 15.Historic Property Preservation Agreement for the Property Located at 2301 N. Westwood Avenue Department(s): Planning and Building Agency Recommended Action: Authorize the City Manager to execute the attached Mills Act agreement with the belowreferenced property owner for the identified structure(s) (Agreement No. A2025XXX). [Includes determination that the proposed project is exempt from further review in accordance with the California Environmental Quality Act as Categorical Exemption/Environmental Review No. 202505 will be filed for the project] Table 1: Mills Act Agreement Approved by the Historic Resources Commission (HRC) Property Owner(s) Historic Property Preservation Agreement No.Address/House Vote by HRC Kevin T. Nguyen 202501 2301 N. Westwood Avenue 6:0:0:1 (Commissioner Padilla absent) 16.Agreement with Kim Turner, LLC for Recruitment, Training, and Staffing Consulting Services (Specification No 25009) (NonGeneral Fund) Department(s): Police Department Recommended Action: Authorize the City Manager to execute a oneyear agreement with Kim Turner, LLC, to provide recruitment, training, and staffing consulting services for the period of May 20, 2025 through May 19, 2026, with provisions for two, oneyear extensions, in an amount not to exceed $197,500 (Agreement A2025XXX). 17.Purchase Order to Tolar Manufacturing Company for Bus Shelters and Related Amenities (Specification No. 25063) (General Fund) Department(s): Public Works Agency Recommended Action: Authorize a Purchase Order to Tolar Manufacturing Company for bus shelters and related amenities, in a total amount not to exceed $250,000. 18.Agreement with HDR Engineering, Inc. to Conduct the First Street Multimodal Boulevard Study (NonGeneral Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with HDR Engineering Inc. to provide traffic engineering and transportation planning services for the First Street Multimodal Boulevard Study in the amount of $3,870,000, for a term beginning May 21, 2025 and ending on May 20, 2027, with the option for two, oneyear extensions (Agreement No. A2025XXX). 19.Agreement with Robert D. Niehaus, Inc. for LongTerm Financial Planning and Water and Sewer Cost of Service Study (Specification No. 25013) (NonGeneral Fund) Department(s): Public Works Agency Recommended Action: Approve an agreement with Robert D. Niehaus, Inc. to conduct longterm financial planning and a water and sewer cost of service study for an amount not to exceed $130,850, for a term beginning May 20, 2025 and expiring May 19, 2028, with a provision for two oneyear extensions (Agreement No. A2025 XXX). 20.Agreements with Butier Engineering, Inc., Z&K Consultants, Inc., Berg & Associates, Inc., Psomas, Willdan Engineering, and EEC Environmental for OnCall Construction Management and Inspection Services (No. 25011) (NonGeneral Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute agreements with Butier Engineering, Inc., Z&K Consultants, Inc., Berg & Associates, Inc., Psomas, Willdan Engineering, and EEC Environmental for oncall construction management services and inspection services, for a shared aggregate amount not to exceed $1,500,000, for a term beginning May 21, 2025 and expiring May 20, 2028, with provisions for two oneyear extensions (Core Agreement No. A2025XXX). 21.First Amendment to Interagency Agreement with the Orange County Water District and Moulton Niguel Water District Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute the first amendment to the agreement with Orange County Water District and Moulton Niguel Water District, to extend the term of the agreement to June 30, 2028, and to amend the scope of work to include a final design of the proposed infrastructure based on the preliminary design analysis (Agreement No. A2025XXX). 22.Second Amendment to the Waste Disposal Agreement with the County of Orange (NonGeneral Fund) Department(s): Public Works Agency Recommended Action: Approve a second amendment to the Waste Disposal Agreement with the County of Orange for an additional oneyear term ending June 30, 2026 for continued importation of waste to the County’s three landfills (Agreement No. A2025XXX). 23.Resolution Authorizing the City of Santa Ana to Donate Surplus Public Works Equipment to Sister City, Sahuayo de Morelos, Michoacán, Mexico Department(s): Public Works Agency Recommended Action: Adopt a resolution authorizing the City of Santa Ana to donate surplus Public Works equipment to Sister City Sahuayo de Morelos, Michoacán, Mexico. RESOLUTION NO. 2025XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING DONATION OF SURPLUS PUBLIC WORKS EQUIPMENT TO SISTER CITY SAHUAYO DE MORELOS 24.Second Reading of an Ordinance Adding Article XIV to Chapter 10 (Crimes and Miscellaneous Law Enforcement Provisions) of the Santa Ana Municipal Code Prohibiting the Sale or Distribution of Nitrous Oxide First reading conducted at the May 6, 2025 City Council meeting and approved by vote of 70. Legal notice published in the OC Reporter on May 9, 2025. Department(s): Police Department Recommended Action: Conduct a second reading and adopt an Ordinance adding Article XIV to Chapter 10 (Crimes and Miscellaneous Law Enforcement Provisions) of the Santa Ana Municipal Code prohibiting the sale or distribution of Nitrous Oxide: ORDINANCE NO. NS3079 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADDING ARTICLE XIV TO CHAPTER 10 OF THE SANTA ANA MUNICIPAL CODE (CRIMES AND MISCELLANEOUS LAW ENFORCEMENT PROVISIONS) PROHIBITING THE SALE OR DISTRIBUTION OF NITROUS OXIDE [Includes determination that the ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to CEQA and Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect change in the environment and is not a “project” as defined in Section 15378 of the CEQA Guidelines as well as pursuant to the “common sense” exemption set forth in CEQA Guidelines Section 15061(b)(3)] **END OF CONSENT CALENDAR** BUSINESS CALENDAR 25.Resolutions Supporting California Senate Bills 28 and 38 (Umberg), 569 (Blakespear), and 757 (Richardson) Department(s): City Manager’s Office Recommended Action: Adopt the following resolutions in support of state legislative efforts aligned with the City’s goals of enhancing the quality of life for residents through community safety, housing stability, and criminal justice reform: 1. RESOLUTION NO. 2025XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA IN SUPPORT OF CALIFORNIA SENATE BILLS 28 AND 38 BY SENATOR THOMAS J. UMBERG TO STRENGTHEN TREATMENT COURT STANDARDS AND REENTRY OPPORTUNITIES THROUGH THE SECOND CHANCE PROGRAM; and 2. RESOLUTION NO. 2025XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA SUPPORTING CALIFORNIA SENATE BILL 569 BY SENATOR CATHERINE BLAKESPEAR, THE HOMELESS ENCAMPMENT COLLABORATION ACT, TO STRENGTHEN LOCAL COLLABORATION WITH THE DEPARTMENT OF TRANSPORTATION; and 3. RESOLUTION NO. 2025XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA IN SUPPORT OF SENATE BILL 757 BY SENATOR STEVEN RICHARDSON, THE LOCAL GOVERNMENT – NUISANCE ABATEMENT, TO EXPAND AND STRENGTHEN LOCAL AUTHORITY AND CONTROL 26.Ordinance Adding Article XII Entitled Disclosure of Certain Enforcement Actions to Chapter 2 of the Sana Ana Municipal Code Requiring Disclosure of Federal Election Commission and California Fair Political Practices Commission Enforcement Actions Department(s): City Manager’s Office Recommended Action: Conduct a first reading and adopt an ordinance adding Article XII entitled Disclosure of Certain Enforcement Actions to Chapter 2 of the Santa Ana Municipal Code requiring disclosure of Federal Election Commission and California Fair Political Practices Commission enforcement actions: ORDINANCE NO. NSXXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADDING ARTICLE XII ENTITLED DISCLOSURE OF CERTAIN ENFORCEMENT ACTIONS TO CHAPTER 2 OF THE SANTA ANA MUNICIPAL CODE REQUIRING DISCLOSURE OF FEDERAL ELECTION COMMISSION AND CALIFORNIA FAIR POLITICAL PRACTICES COMMISSION ENFORCEMENT ACTIONS FOR CERTAIN LICENSES, PERMITS OR OTHER ENTITLEMENTS FOR USE **END OF BUSINESS CALENDAR** COUNCILMEMBER REQUESTED ITEMS 27.Discuss and Consider Providing Direction to the City Manager to Develop and Implement a Policy Requiring Immediate Disclosure of All ICE Courtesy Notifications Received by the Santa Ana Police Department – Councilmember Hernandez and Mayor Pro Tem Vazquez WORK STUDY SESSION 28.Fiscal Year 202526 Budget Work Study Session Department(s): Finance and Management Services Recommended Action: Discuss and provide further direction to staff. 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. FY2025/26 Budget Adoption 2. Tourism and Marketing District Renewal POSTING STATEMENT: On May 13, 2025, a true and correct copy of this agenda was posted at the entrance to City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. Internet Access to City Council, Agency, and Authority agendas and related material is available prior to meetings at santaana.org/agendasandminutes. City Council 3 5/20/2025 City Council Meeting PacketMay 20, 2025CLOSED SESSION MEETING – 4:00 PMREGULAR OPEN MEETING – 5:30 PM (Immediately following the Closed Session Meeting)CITY COUNCIL CHAMBER22 Civic Center Plaza Santa Ana, CA 92701Valerie AmezcuaMayorThai Viet PhanCouncilmember – Ward 1 Benjamin VazquezMayor Pro Tem Ward 2Jessie LopezCouncilmember Ward 3 Phil BacerraCouncilmember Ward 4Johnathan Ryan HernandezCouncilmember Ward 5 David PenalozaCouncilmember Ward 6Mayor and Council telephone: 7146476900Agenda item inquiries: 7146476520Sonia R. CarvalhoCity Attorney Alvaro NuñezCity Manager Jennifer L. HallCity ClerkIn 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 enablethe City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supportingdocumentation can be found on the City’s website – www.santaana.org/agendasandminutes.CITY VISION AND CODE OF ETHICSThe City of Santa Ana is committed to achieving a shared vision for the organization and itscommunity. The Vision, Mission and Guiding Principles (Values) are the result of a thoughtfuland inclusive process designed to set the City and organization on a course that meets thechallenges of today and tomorrow, as follows:Vision The dynamic center of Orange County which is acclaimed for our: Investment inyouth • Safe and healthy community • Neighborhood pride • Thriving economic climate •Enriched and diverse culture • Quality government servicesMission To deliver efficient public services in partnership with our community which ensurespublic safety, a prosperous economic environment, opportunities for our youth, and a highquality of life for residents.Guiding Principles Collaboration • Efficiency • Equity • Excellence • Fiscal Responsibility •Innovation • TransparencyCode 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 andConduct for elected officials and members of appointed boards, commissions, andcommittees to assure public confidence. The following are the core values expressed: •Integrity • Honesty • Responsibility • Fairness • Accountability • Respect • EfficiencyMembers of the public may attend the City Council meeting inperson or join via Zoom. As acourtesy to the public, the City Council meeting will occur live via teleconference Zoomwebinar. You may view the meeting from your computer, tablet, or smart phone via YouTubeLiveStream at https://www.youtube.com/cityofsantaanavideos/or on CTV3, available onSpectrum channel 3.PUBLIC COMMENTS – Members of the public who wish to address the City Council onclosed session items, items on the regular agenda, or on matters which are not on theagenda but are within the subject matter jurisdiction of the City Council, may do so by one ofthe 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 writtencommunications received via mail two (2) hours before the scheduled start of themeeting will be distributed to the City Council and imaged into the City’s documentarchive system which is available for public review.SENDING EMAIL OPTION – Public comments may be sent via email to the CityClerk’s office at eComment@santaana.org. Please note the agenda item you arecommenting on in the subject line of the email. All emails received two (2) hours beforethe scheduled start of the meeting will be distributed to the City Council and imagedinto the City’s document archive system which is available for public review.LIVE VIRTUAL OPTION – As a courtesy, members of the public may provide livecomments during the meeting by Zoom or Conference Call. To join by Zoom click on ortype the following address into your web browserhttps://us02web.zoom.us/j/315965149. To join the Conference Call: Dial (669) 9009128 and enter MEETING ID: 315 965 149#. You will be prompted by the City Clerkwhen it is time for a: i) closed session item, ii) agenda/general comments, iii) publichearing item, iv) special agenda item, or v) for Housing Authority item. You may requestto speak by dialing *9 from your phone or you may virtually raise your hand from Zoom.After the Clerk confirms the last three digits of the caller’s phone number or Zoom IDand unmutes them, the caller must press *6 or microphone icon to speak. Callers areencouraged, but not required, to identify themselves by name. Each caller will beprovided three (3) minutes to speak, unless due to the number of speakers wanting tospeak a decision is made to provide a different amount of time to speak.INPERSON OPTION Members of the public can provide inperson comments at thepodium in the Council Chamber. The Council Chamber will have seating available formembers of the public to attend the meeting inperson. Public comments are limited tothree (3) minutes per speaker, unless a different time is announced by the presidingchair. 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. 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. 3. LIVE PUBLIC COMMENTS ON PUBLIC HEARING ITEMS – You can provide comments by joining Zoom or the Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speakers not in the queue by 5:45 p.m. will not be permitted to speak. 4. LIVE PUBLIC COMMENTS ON HOUSING AUTHORITY ITEMS – You can provide comments by joining Zoom or the Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speakers not in the queue by 5:45 p.m. will not be permitted to speak. TRANSLATION SERVICES Spanish interpreting services are provided at City Council meetings. Simultaneous Spanish interpretation is provided through the use of headsets and consecutive interpretation (SpanishtoEnglish) in addition to those wishing to address the City Council at the podium. La ciudad provee servicios de interpretación al español en las juntas del Consejo. La interpretación simultánea al español se ofrece por medio del uso de audífonos y la interpretación consecutiva (español a inglés) también está disponible para cualquiera que desee dirigirse al consejo municipal en el podio. About the Agenda To download or view the attachments (staff report and other supporting documentation) for each agenda item, you must select the agenda item to see the attachments to either open in a new link (the eyeball ) or download a pdf (the cloud symbol with the down arrow ). CLOSED SESSION CALL TO ORDER ATTENDANCE Council Members Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez David Penaloza Thai Viet Phan Mayor Pro Tem Benjamin Vazquez Mayor Valerie Amezcua City Manager Alvaro Nuñez City Attorney Sonia R. Carvalho City Clerk Jennifer L. Hall ROLL CALL ADDITIONS\DELETIONS TO CLOSED SESSION PUBLIC COMMENTS – Members of the public may address the City Council on Closed Session items. RECESS – City Council will recess to Closed Session for the purpose of conducting regular City business. CLOSED SESSION ITEMS – The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation: 1.CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code: A. Anchor Stone Christian Church v. City of Santa Ana, et al., United States District Court Case No. 8:25cv00215JWHDFM 2.CONFERENCE WITH LEGAL COUNSEL – POTENTIAL INITIATION OF LITIGATION pursuant to paragraph (4) of subdivision (d) of Government Code Section 54956.9: Three (3) cases – Drug Den Abatement Actions 1502 E. 1st Street, Santa Ana (“El Tapatio”) 1504 E. 1st Street, Santa Ana (“Royal Roman”) 1519 E. 1st Street, Santa Ana (“Royal Grand”) 3.PUBLIC EMPLOYEE EMPLOYMENT/APPOINTMENT pursuant to Section 54957(b) (1) of the Government Code: Title: Police Oversight Commission Independent Oversight Director 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 Thai Viet Phan Mayor Pro Tem Benjamin Vazquez 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 Pastor Johnny Dunning ADDITIONS\DELETIONS TO THE AGENDA CEREMONIAL PRESENTATIONS 1.Certificates of Recognition presented by Mayor Amezcua recognizing Santa Ana’s Annual Youth Poster Contest Winners 2.Proclamation presented by Mayor Pro Tem Vazquez to Santa Ana Active Streets declaring May 2025 as National Bike Month 3.Proclamation presented by Councilmember Bacerra and Councilmember Phan declaring May 2025 as Asian American & Pacific Islander Heritage Month 4.Proclamation presented by Councilmember Lopez to First 5 Orange County declaring May 2025 as Early Childhood Month 5.Certificates of Recognition presented by Councilmember Penaloza recognizing Pio Pico’s Inaugural Intermediate Sports Team for Exceptional Sportsmanship CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed Session. PUBLIC COMMENTS – Public comments will be held during the beginning of the meeting for ALL comments on agenda and nonagenda items. CONSENT CALENDAR RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 6 through 24 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 May 6, 2025 Department(s): City Clerk’s Office Recommended Action: Approve minutes. 8.Regional and Unified Local Workforce Plans for Program Years (PY) 20252028 as Required Under the Federal Title I Workforce Innovation and Opportunity Act Department(s): Community Development Agency Recommended Action: Approve the Regional and Unified Local Workforce Plans for PY 20252028 and authorize the submission to the State as required by the federal Workforce Innovation and Opportunity Act Title I grant. 9.Local Area Subsequent Designation and Local Board Recertification Program Year (PY) 20252027 Department(s): Community Development Agency Recommended Action: Authorize the submission of the application for Subsequent Local Area Designation and Local Board Recertification for PY 20252027. 10.Quarterly Report of Investments as of March 31, 2025 Department(s): Finance and Management Services Recommended Action: Receive and file. 11.Quarterly Report of Contracts up to $50,000 for NonPublic Works and up to $500,000 for Public Works Authorized by the City Manager as Permitted by Charter Section 421 Department(s): Finance and Management Services Recommended Action: Receive and file Quarterly Report of Contracts entered into between January 1, 2025 to March 31, 2025. 12.Contract to Cherry Bekaert Advisory LLC for Governmental Accounting Standards Board (GASB) Consulting Services (General Fund) Department(s): Finance and Management Services Recommended Action: Authorize the City Manager to execute an agreement with Cherry Bekaert Advisory LLC to provide Consulting Services to implement new GASB standards for a total amount not to exceed $156,000 for a twoyear period beginning with the fiscal year ending June 30, 2025 through June 30, 2026, with a provision for three, oneyear extensions for the fiscal years ending June 30, 2027, June 30, 2028, and June 30, 2029. (Agreement No. A2025XXX). 13.Agreement with ProudCity for the Licensing of a Website Content Management System (CMS) and Services Department(s): Information Technology Recommended Action: Authorize the City Manager to execute an agreement with ProudCity, Inc. for website content management system (CMS) software subscriptions and professional services, for a threeyear term beginning July 1, 2025 and ending June 30, 2028, for an annual amount not to exceed $103,827, for a total aggregate amount not to exceed $311,481 over the life of the agreement (Agreement No. A 2025XXX). 14.Agreement with StandUp for Kids to provide Rapid ReHousing Services Paired With Services Coordination for Homeless Youth from the Age of Eighteen to TwentyFour (NonGeneral Fund) Department(s): Community Development Agency Recommended Action: Approve an agreement with Standup for Kids Orange County, in an amount not to exceed $375,000, for Rapid ReHousing and Services Coordination for a twoyear period, beginning May 20, 2025, and ending May 19, 2027, with the option for the City to grant a oneyear renewal in writing by the City Manager and the City Attorney (Agreement No. A2025XXX). 15.Historic Property Preservation Agreement for the Property Located at 2301 N. Westwood Avenue Department(s): Planning and Building Agency Recommended Action: Authorize the City Manager to execute the attached Mills Act agreement with the belowreferenced property owner for the identified structure(s) (Agreement No. A2025XXX). [Includes determination that the proposed project is exempt from further review in accordance with the California Environmental Quality Act as Categorical Exemption/Environmental Review No. 202505 will be filed for the project] Table 1: Mills Act Agreement Approved by the Historic Resources Commission (HRC) Property Owner(s) Historic Property Preservation Agreement No.Address/House Vote by HRC Kevin T. Nguyen 202501 2301 N. Westwood Avenue 6:0:0:1 (Commissioner Padilla absent) 16.Agreement with Kim Turner, LLC for Recruitment, Training, and Staffing Consulting Services (Specification No 25009) (NonGeneral Fund) Department(s): Police Department Recommended Action: Authorize the City Manager to execute a oneyear agreement with Kim Turner, LLC, to provide recruitment, training, and staffing consulting services for the period of May 20, 2025 through May 19, 2026, with provisions for two, oneyear extensions, in an amount not to exceed $197,500 (Agreement A2025XXX). 17.Purchase Order to Tolar Manufacturing Company for Bus Shelters and Related Amenities (Specification No. 25063) (General Fund) Department(s): Public Works Agency Recommended Action: Authorize a Purchase Order to Tolar Manufacturing Company for bus shelters and related amenities, in a total amount not to exceed $250,000. 18.Agreement with HDR Engineering, Inc. to Conduct the First Street Multimodal Boulevard Study (NonGeneral Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with HDR Engineering Inc. to provide traffic engineering and transportation planning services for the First Street Multimodal Boulevard Study in the amount of $3,870,000, for a term beginning May 21, 2025 and ending on May 20, 2027, with the option for two, oneyear extensions (Agreement No. A2025XXX). 19.Agreement with Robert D. Niehaus, Inc. for LongTerm Financial Planning and Water and Sewer Cost of Service Study (Specification No. 25013) (NonGeneral Fund) Department(s): Public Works Agency Recommended Action: Approve an agreement with Robert D. Niehaus, Inc. to conduct longterm financial planning and a water and sewer cost of service study for an amount not to exceed $130,850, for a term beginning May 20, 2025 and expiring May 19, 2028, with a provision for two oneyear extensions (Agreement No. A2025 XXX). 20.Agreements with Butier Engineering, Inc., Z&K Consultants, Inc., Berg & Associates, Inc., Psomas, Willdan Engineering, and EEC Environmental for OnCall Construction Management and Inspection Services (No. 25011) (NonGeneral Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute agreements with Butier Engineering, Inc., Z&K Consultants, Inc., Berg & Associates, Inc., Psomas, Willdan Engineering, and EEC Environmental for oncall construction management services and inspection services, for a shared aggregate amount not to exceed $1,500,000, for a term beginning May 21, 2025 and expiring May 20, 2028, with provisions for two oneyear extensions (Core Agreement No. A2025XXX). 21.First Amendment to Interagency Agreement with the Orange County Water District and Moulton Niguel Water District Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute the first amendment to the agreement with Orange County Water District and Moulton Niguel Water District, to extend the term of the agreement to June 30, 2028, and to amend the scope of work to include a final design of the proposed infrastructure based on the preliminary design analysis (Agreement No. A2025XXX). 22.Second Amendment to the Waste Disposal Agreement with the County of Orange (NonGeneral Fund) Department(s): Public Works Agency Recommended Action: Approve a second amendment to the Waste Disposal Agreement with the County of Orange for an additional oneyear term ending June 30, 2026 for continued importation of waste to the County’s three landfills (Agreement No. A2025XXX). 23.Resolution Authorizing the City of Santa Ana to Donate Surplus Public Works Equipment to Sister City, Sahuayo de Morelos, Michoacán, Mexico Department(s): Public Works Agency Recommended Action: Adopt a resolution authorizing the City of Santa Ana to donate surplus Public Works equipment to Sister City Sahuayo de Morelos, Michoacán, Mexico. RESOLUTION NO. 2025XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING DONATION OF SURPLUS PUBLIC WORKS EQUIPMENT TO SISTER CITY SAHUAYO DE MORELOS 24.Second Reading of an Ordinance Adding Article XIV to Chapter 10 (Crimes and Miscellaneous Law Enforcement Provisions) of the Santa Ana Municipal Code Prohibiting the Sale or Distribution of Nitrous Oxide First reading conducted at the May 6, 2025 City Council meeting and approved by vote of 70. Legal notice published in the OC Reporter on May 9, 2025. Department(s): Police Department Recommended Action: Conduct a second reading and adopt an Ordinance adding Article XIV to Chapter 10 (Crimes and Miscellaneous Law Enforcement Provisions) of the Santa Ana Municipal Code prohibiting the sale or distribution of Nitrous Oxide: ORDINANCE NO. NS3079 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADDING ARTICLE XIV TO CHAPTER 10 OF THE SANTA ANA MUNICIPAL CODE (CRIMES AND MISCELLANEOUS LAW ENFORCEMENT PROVISIONS) PROHIBITING THE SALE OR DISTRIBUTION OF NITROUS OXIDE [Includes determination that the ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to CEQA and Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect change in the environment and is not a “project” as defined in Section 15378 of the CEQA Guidelines as well as pursuant to the “common sense” exemption set forth in CEQA Guidelines Section 15061(b)(3)] **END OF CONSENT CALENDAR** BUSINESS CALENDAR 25.Resolutions Supporting California Senate Bills 28 and 38 (Umberg), 569 (Blakespear), and 757 (Richardson) Department(s): City Manager’s Office Recommended Action: Adopt the following resolutions in support of state legislative efforts aligned with the City’s goals of enhancing the quality of life for residents through community safety, housing stability, and criminal justice reform: 1. RESOLUTION NO. 2025XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA IN SUPPORT OF CALIFORNIA SENATE BILLS 28 AND 38 BY SENATOR THOMAS J. UMBERG TO STRENGTHEN TREATMENT COURT STANDARDS AND REENTRY OPPORTUNITIES THROUGH THE SECOND CHANCE PROGRAM; and 2. RESOLUTION NO. 2025XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA SUPPORTING CALIFORNIA SENATE BILL 569 BY SENATOR CATHERINE BLAKESPEAR, THE HOMELESS ENCAMPMENT COLLABORATION ACT, TO STRENGTHEN LOCAL COLLABORATION WITH THE DEPARTMENT OF TRANSPORTATION; and 3. RESOLUTION NO. 2025XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA IN SUPPORT OF SENATE BILL 757 BY SENATOR STEVEN RICHARDSON, THE LOCAL GOVERNMENT – NUISANCE ABATEMENT, TO EXPAND AND STRENGTHEN LOCAL AUTHORITY AND CONTROL 26.Ordinance Adding Article XII Entitled Disclosure of Certain Enforcement Actions to Chapter 2 of the Sana Ana Municipal Code Requiring Disclosure of Federal Election Commission and California Fair Political Practices Commission Enforcement Actions Department(s): City Manager’s Office Recommended Action: Conduct a first reading and adopt an ordinance adding Article XII entitled Disclosure of Certain Enforcement Actions to Chapter 2 of the Santa Ana Municipal Code requiring disclosure of Federal Election Commission and California Fair Political Practices Commission enforcement actions: ORDINANCE NO. NSXXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADDING ARTICLE XII ENTITLED DISCLOSURE OF CERTAIN ENFORCEMENT ACTIONS TO CHAPTER 2 OF THE SANTA ANA MUNICIPAL CODE REQUIRING DISCLOSURE OF FEDERAL ELECTION COMMISSION AND CALIFORNIA FAIR POLITICAL PRACTICES COMMISSION ENFORCEMENT ACTIONS FOR CERTAIN LICENSES, PERMITS OR OTHER ENTITLEMENTS FOR USE **END OF BUSINESS CALENDAR** COUNCILMEMBER REQUESTED ITEMS 27.Discuss and Consider Providing Direction to the City Manager to Develop and Implement a Policy Requiring Immediate Disclosure of All ICE Courtesy Notifications Received by the Santa Ana Police Department – Councilmember Hernandez and Mayor Pro Tem Vazquez WORK STUDY SESSION 28.Fiscal Year 202526 Budget Work Study Session Department(s): Finance and Management Services Recommended Action: Discuss and provide further direction to staff. 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. FY2025/26 Budget Adoption 2. Tourism and Marketing District Renewal POSTING STATEMENT: On May 13, 2025, a true and correct copy of this agenda was posted at the entrance to City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. Internet Access to City Council, Agency, and Authority agendas and related material is available prior to meetings at santaana.org/agendasandminutes. City Council 4 5/20/2025 City Council Meeting PacketMay 20, 2025CLOSED SESSION MEETING – 4:00 PMREGULAR OPEN MEETING – 5:30 PM (Immediately following the Closed Session Meeting)CITY COUNCIL CHAMBER22 Civic Center Plaza Santa Ana, CA 92701Valerie AmezcuaMayorThai Viet PhanCouncilmember – Ward 1 Benjamin VazquezMayor Pro Tem Ward 2Jessie LopezCouncilmember Ward 3 Phil BacerraCouncilmember Ward 4Johnathan Ryan HernandezCouncilmember Ward 5 David PenalozaCouncilmember Ward 6Mayor and Council telephone: 7146476900Agenda item inquiries: 7146476520Sonia R. CarvalhoCity Attorney Alvaro NuñezCity Manager Jennifer L. HallCity ClerkIn 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 enablethe City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supportingdocumentation can be found on the City’s website – www.santaana.org/agendasandminutes.CITY VISION AND CODE OF ETHICSThe City of Santa Ana is committed to achieving a shared vision for the organization and itscommunity. The Vision, Mission and Guiding Principles (Values) are the result of a thoughtfuland inclusive process designed to set the City and organization on a course that meets thechallenges of today and tomorrow, as follows:Vision The dynamic center of Orange County which is acclaimed for our: Investment inyouth • Safe and healthy community • Neighborhood pride • Thriving economic climate •Enriched and diverse culture • Quality government servicesMission To deliver efficient public services in partnership with our community which ensurespublic safety, a prosperous economic environment, opportunities for our youth, and a highquality of life for residents.Guiding Principles Collaboration • Efficiency • Equity • Excellence • Fiscal Responsibility •Innovation • TransparencyCode 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 andConduct for elected officials and members of appointed boards, commissions, andcommittees to assure public confidence. The following are the core values expressed: •Integrity • Honesty • Responsibility • Fairness • Accountability • Respect • EfficiencyMembers of the public may attend the City Council meeting inperson or join via Zoom. As acourtesy to the public, the City Council meeting will occur live via teleconference Zoomwebinar. You may view the meeting from your computer, tablet, or smart phone via YouTubeLiveStream at https://www.youtube.com/cityofsantaanavideos/or on CTV3, available onSpectrum channel 3.PUBLIC COMMENTS – Members of the public who wish to address the City Council onclosed session items, items on the regular agenda, or on matters which are not on theagenda but are within the subject matter jurisdiction of the City Council, may do so by one ofthe 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 writtencommunications received via mail two (2) hours before the scheduled start of themeeting will be distributed to the City Council and imaged into the City’s documentarchive system which is available for public review.SENDING EMAIL OPTION – Public comments may be sent via email to the CityClerk’s office at eComment@santaana.org. Please note the agenda item you arecommenting on in the subject line of the email. All emails received two (2) hours beforethe scheduled start of the meeting will be distributed to the City Council and imagedinto the City’s document archive system which is available for public review.LIVE VIRTUAL OPTION – As a courtesy, members of the public may provide livecomments during the meeting by Zoom or Conference Call. To join by Zoom click on ortype the following address into your web browserhttps://us02web.zoom.us/j/315965149. To join the Conference Call: Dial (669) 9009128 and enter MEETING ID: 315 965 149#. You will be prompted by the City Clerkwhen it is time for a: i) closed session item, ii) agenda/general comments, iii) publichearing item, iv) special agenda item, or v) for Housing Authority item. You may requestto speak by dialing *9 from your phone or you may virtually raise your hand from Zoom.After the Clerk confirms the last three digits of the caller’s phone number or Zoom IDand unmutes them, the caller must press *6 or microphone icon to speak. Callers areencouraged, but not required, to identify themselves by name. Each caller will beprovided three (3) minutes to speak, unless due to the number of speakers wanting tospeak a decision is made to provide a different amount of time to speak.INPERSON OPTION Members of the public can provide inperson comments at thepodium in the Council Chamber. The Council Chamber will have seating available formembers of the public to attend the meeting inperson. Public comments are limited tothree (3) minutes per speaker, unless a different time is announced by the presidingchair. 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 beaccepted after the Public Comment Session begins without the permission of thepresiding chair.The following designated public comment periods are:1. LIVE PUBLIC COMMENTS ON CLOSED SESSION ITEMS – You can provide livecomments on closed session items by joining Zoom or the Conference Call as described inthe LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will openat 3:30 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL and raise your handBY 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. 2. LIVE PUBLIC COMMENTS ON REGULAR AGENDA ITEMS AND NONAGENDAITEMS (GENERAL PUBLIC COMMENT) – You can provide comments by joining Zoom orthe Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTSOPTION above. Speaker queue will open at 3:30 p.m. YOU MUST JOIN ZOOM OR THECONFERENCE CALL and raise your hand PRIOR TO 5:45 p.m. Speakers who are not inthe speaker queue with their hand raised by 5:45 p.m. will not be permitted to speak.3. LIVE PUBLIC COMMENTS ON PUBLIC HEARING ITEMS – You can providecomments by joining Zoom or the Conference Call as described in the LIVE or INPERSONPUBLIC COMMENTS OPTION above. Speakers not in the queue by 5:45 p.m. will not bepermitted to speak. 4. LIVE PUBLIC COMMENTS ON HOUSING AUTHORITY ITEMS – You can providecomments by joining Zoom or the Conference Call as described in the LIVE or INPERSONPUBLIC COMMENTS OPTION above. Speakers not in the queue by 5:45 p.m. will not bepermitted to speak. TRANSLATION SERVICES Spanish interpreting services are provided at CityCouncil meetings. Simultaneous Spanish interpretation is provided through the useof headsets and consecutive interpretation (SpanishtoEnglish) in addition to thosewishing 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 yla interpretación consecutiva (español a inglés) también está disponible paracualquiera que desee dirigirse al consejo municipal en el podio.About the AgendaTo 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 Thai Viet Phan Mayor Pro Tem Benjamin Vazquez Mayor Valerie Amezcua City Manager Alvaro Nuñez City Attorney Sonia R. Carvalho City Clerk Jennifer L. Hall ROLL CALL ADDITIONS\DELETIONS TO CLOSED SESSION PUBLIC COMMENTS – Members of the public may address the City Council on Closed Session items. RECESS – City Council will recess to Closed Session for the purpose of conducting regular City business. CLOSED SESSION ITEMS – The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation: 1.CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code: A. Anchor Stone Christian Church v. City of Santa Ana, et al., United States District Court Case No. 8:25cv00215JWHDFM 2.CONFERENCE WITH LEGAL COUNSEL – POTENTIAL INITIATION OF LITIGATION pursuant to paragraph (4) of subdivision (d) of Government Code Section 54956.9: Three (3) cases – Drug Den Abatement Actions 1502 E. 1st Street, Santa Ana (“El Tapatio”) 1504 E. 1st Street, Santa Ana (“Royal Roman”) 1519 E. 1st Street, Santa Ana (“Royal Grand”) 3.PUBLIC EMPLOYEE EMPLOYMENT/APPOINTMENT pursuant to Section 54957(b) (1) of the Government Code: Title: Police Oversight Commission Independent Oversight Director 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 Thai Viet Phan Mayor Pro Tem Benjamin Vazquez 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 Pastor Johnny Dunning ADDITIONS\DELETIONS TO THE AGENDA CEREMONIAL PRESENTATIONS 1.Certificates of Recognition presented by Mayor Amezcua recognizing Santa Ana’s Annual Youth Poster Contest Winners 2.Proclamation presented by Mayor Pro Tem Vazquez to Santa Ana Active Streets declaring May 2025 as National Bike Month 3.Proclamation presented by Councilmember Bacerra and Councilmember Phan declaring May 2025 as Asian American & Pacific Islander Heritage Month 4.Proclamation presented by Councilmember Lopez to First 5 Orange County declaring May 2025 as Early Childhood Month 5.Certificates of Recognition presented by Councilmember Penaloza recognizing Pio Pico’s Inaugural Intermediate Sports Team for Exceptional Sportsmanship CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed Session. PUBLIC COMMENTS – Public comments will be held during the beginning of the meeting for ALL comments on agenda and nonagenda items. CONSENT CALENDAR RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 6 through 24 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 May 6, 2025 Department(s): City Clerk’s Office Recommended Action: Approve minutes. 8.Regional and Unified Local Workforce Plans for Program Years (PY) 20252028 as Required Under the Federal Title I Workforce Innovation and Opportunity Act Department(s): Community Development Agency Recommended Action: Approve the Regional and Unified Local Workforce Plans for PY 20252028 and authorize the submission to the State as required by the federal Workforce Innovation and Opportunity Act Title I grant. 9.Local Area Subsequent Designation and Local Board Recertification Program Year (PY) 20252027 Department(s): Community Development Agency Recommended Action: Authorize the submission of the application for Subsequent Local Area Designation and Local Board Recertification for PY 20252027. 10.Quarterly Report of Investments as of March 31, 2025 Department(s): Finance and Management Services Recommended Action: Receive and file. 11.Quarterly Report of Contracts up to $50,000 for NonPublic Works and up to $500,000 for Public Works Authorized by the City Manager as Permitted by Charter Section 421 Department(s): Finance and Management Services Recommended Action: Receive and file Quarterly Report of Contracts entered into between January 1, 2025 to March 31, 2025. 12.Contract to Cherry Bekaert Advisory LLC for Governmental Accounting Standards Board (GASB) Consulting Services (General Fund) Department(s): Finance and Management Services Recommended Action: Authorize the City Manager to execute an agreement with Cherry Bekaert Advisory LLC to provide Consulting Services to implement new GASB standards for a total amount not to exceed $156,000 for a twoyear period beginning with the fiscal year ending June 30, 2025 through June 30, 2026, with a provision for three, oneyear extensions for the fiscal years ending June 30, 2027, June 30, 2028, and June 30, 2029. (Agreement No. A2025XXX). 13.Agreement with ProudCity for the Licensing of a Website Content Management System (CMS) and Services Department(s): Information Technology Recommended Action: Authorize the City Manager to execute an agreement with ProudCity, Inc. for website content management system (CMS) software subscriptions and professional services, for a threeyear term beginning July 1, 2025 and ending June 30, 2028, for an annual amount not to exceed $103,827, for a total aggregate amount not to exceed $311,481 over the life of the agreement (Agreement No. A 2025XXX). 14.Agreement with StandUp for Kids to provide Rapid ReHousing Services Paired With Services Coordination for Homeless Youth from the Age of Eighteen to TwentyFour (NonGeneral Fund) Department(s): Community Development Agency Recommended Action: Approve an agreement with Standup for Kids Orange County, in an amount not to exceed $375,000, for Rapid ReHousing and Services Coordination for a twoyear period, beginning May 20, 2025, and ending May 19, 2027, with the option for the City to grant a oneyear renewal in writing by the City Manager and the City Attorney (Agreement No. A2025XXX). 15.Historic Property Preservation Agreement for the Property Located at 2301 N. Westwood Avenue Department(s): Planning and Building Agency Recommended Action: Authorize the City Manager to execute the attached Mills Act agreement with the belowreferenced property owner for the identified structure(s) (Agreement No. A2025XXX). [Includes determination that the proposed project is exempt from further review in accordance with the California Environmental Quality Act as Categorical Exemption/Environmental Review No. 202505 will be filed for the project] Table 1: Mills Act Agreement Approved by the Historic Resources Commission (HRC) Property Owner(s) Historic Property Preservation Agreement No.Address/House Vote by HRC Kevin T. Nguyen 202501 2301 N. Westwood Avenue 6:0:0:1 (Commissioner Padilla absent) 16.Agreement with Kim Turner, LLC for Recruitment, Training, and Staffing Consulting Services (Specification No 25009) (NonGeneral Fund) Department(s): Police Department Recommended Action: Authorize the City Manager to execute a oneyear agreement with Kim Turner, LLC, to provide recruitment, training, and staffing consulting services for the period of May 20, 2025 through May 19, 2026, with provisions for two, oneyear extensions, in an amount not to exceed $197,500 (Agreement A2025XXX). 17.Purchase Order to Tolar Manufacturing Company for Bus Shelters and Related Amenities (Specification No. 25063) (General Fund) Department(s): Public Works Agency Recommended Action: Authorize a Purchase Order to Tolar Manufacturing Company for bus shelters and related amenities, in a total amount not to exceed $250,000. 18.Agreement with HDR Engineering, Inc. to Conduct the First Street Multimodal Boulevard Study (NonGeneral Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with HDR Engineering Inc. to provide traffic engineering and transportation planning services for the First Street Multimodal Boulevard Study in the amount of $3,870,000, for a term beginning May 21, 2025 and ending on May 20, 2027, with the option for two, oneyear extensions (Agreement No. A2025XXX). 19.Agreement with Robert D. Niehaus, Inc. for LongTerm Financial Planning and Water and Sewer Cost of Service Study (Specification No. 25013) (NonGeneral Fund) Department(s): Public Works Agency Recommended Action: Approve an agreement with Robert D. Niehaus, Inc. to conduct longterm financial planning and a water and sewer cost of service study for an amount not to exceed $130,850, for a term beginning May 20, 2025 and expiring May 19, 2028, with a provision for two oneyear extensions (Agreement No. A2025 XXX). 20.Agreements with Butier Engineering, Inc., Z&K Consultants, Inc., Berg & Associates, Inc., Psomas, Willdan Engineering, and EEC Environmental for OnCall Construction Management and Inspection Services (No. 25011) (NonGeneral Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute agreements with Butier Engineering, Inc., Z&K Consultants, Inc., Berg & Associates, Inc., Psomas, Willdan Engineering, and EEC Environmental for oncall construction management services and inspection services, for a shared aggregate amount not to exceed $1,500,000, for a term beginning May 21, 2025 and expiring May 20, 2028, with provisions for two oneyear extensions (Core Agreement No. A2025XXX). 21.First Amendment to Interagency Agreement with the Orange County Water District and Moulton Niguel Water District Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute the first amendment to the agreement with Orange County Water District and Moulton Niguel Water District, to extend the term of the agreement to June 30, 2028, and to amend the scope of work to include a final design of the proposed infrastructure based on the preliminary design analysis (Agreement No. A2025XXX). 22.Second Amendment to the Waste Disposal Agreement with the County of Orange (NonGeneral Fund) Department(s): Public Works Agency Recommended Action: Approve a second amendment to the Waste Disposal Agreement with the County of Orange for an additional oneyear term ending June 30, 2026 for continued importation of waste to the County’s three landfills (Agreement No. A2025XXX). 23.Resolution Authorizing the City of Santa Ana to Donate Surplus Public Works Equipment to Sister City, Sahuayo de Morelos, Michoacán, Mexico Department(s): Public Works Agency Recommended Action: Adopt a resolution authorizing the City of Santa Ana to donate surplus Public Works equipment to Sister City Sahuayo de Morelos, Michoacán, Mexico. RESOLUTION NO. 2025XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING DONATION OF SURPLUS PUBLIC WORKS EQUIPMENT TO SISTER CITY SAHUAYO DE MORELOS 24.Second Reading of an Ordinance Adding Article XIV to Chapter 10 (Crimes and Miscellaneous Law Enforcement Provisions) of the Santa Ana Municipal Code Prohibiting the Sale or Distribution of Nitrous Oxide First reading conducted at the May 6, 2025 City Council meeting and approved by vote of 70. Legal notice published in the OC Reporter on May 9, 2025. Department(s): Police Department Recommended Action: Conduct a second reading and adopt an Ordinance adding Article XIV to Chapter 10 (Crimes and Miscellaneous Law Enforcement Provisions) of the Santa Ana Municipal Code prohibiting the sale or distribution of Nitrous Oxide: ORDINANCE NO. NS3079 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADDING ARTICLE XIV TO CHAPTER 10 OF THE SANTA ANA MUNICIPAL CODE (CRIMES AND MISCELLANEOUS LAW ENFORCEMENT PROVISIONS) PROHIBITING THE SALE OR DISTRIBUTION OF NITROUS OXIDE [Includes determination that the ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to CEQA and Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect change in the environment and is not a “project” as defined in Section 15378 of the CEQA Guidelines as well as pursuant to the “common sense” exemption set forth in CEQA Guidelines Section 15061(b)(3)] **END OF CONSENT CALENDAR** BUSINESS CALENDAR 25.Resolutions Supporting California Senate Bills 28 and 38 (Umberg), 569 (Blakespear), and 757 (Richardson) Department(s): City Manager’s Office Recommended Action: Adopt the following resolutions in support of state legislative efforts aligned with the City’s goals of enhancing the quality of life for residents through community safety, housing stability, and criminal justice reform: 1. RESOLUTION NO. 2025XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA IN SUPPORT OF CALIFORNIA SENATE BILLS 28 AND 38 BY SENATOR THOMAS J. UMBERG TO STRENGTHEN TREATMENT COURT STANDARDS AND REENTRY OPPORTUNITIES THROUGH THE SECOND CHANCE PROGRAM; and 2. RESOLUTION NO. 2025XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA SUPPORTING CALIFORNIA SENATE BILL 569 BY SENATOR CATHERINE BLAKESPEAR, THE HOMELESS ENCAMPMENT COLLABORATION ACT, TO STRENGTHEN LOCAL COLLABORATION WITH THE DEPARTMENT OF TRANSPORTATION; and 3. RESOLUTION NO. 2025XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA IN SUPPORT OF SENATE BILL 757 BY SENATOR STEVEN RICHARDSON, THE LOCAL GOVERNMENT – NUISANCE ABATEMENT, TO EXPAND AND STRENGTHEN LOCAL AUTHORITY AND CONTROL 26.Ordinance Adding Article XII Entitled Disclosure of Certain Enforcement Actions to Chapter 2 of the Sana Ana Municipal Code Requiring Disclosure of Federal Election Commission and California Fair Political Practices Commission Enforcement Actions Department(s): City Manager’s Office Recommended Action: Conduct a first reading and adopt an ordinance adding Article XII entitled Disclosure of Certain Enforcement Actions to Chapter 2 of the Santa Ana Municipal Code requiring disclosure of Federal Election Commission and California Fair Political Practices Commission enforcement actions: ORDINANCE NO. NSXXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADDING ARTICLE XII ENTITLED DISCLOSURE OF CERTAIN ENFORCEMENT ACTIONS TO CHAPTER 2 OF THE SANTA ANA MUNICIPAL CODE REQUIRING DISCLOSURE OF FEDERAL ELECTION COMMISSION AND CALIFORNIA FAIR POLITICAL PRACTICES COMMISSION ENFORCEMENT ACTIONS FOR CERTAIN LICENSES, PERMITS OR OTHER ENTITLEMENTS FOR USE **END OF BUSINESS CALENDAR** COUNCILMEMBER REQUESTED ITEMS 27.Discuss and Consider Providing Direction to the City Manager to Develop and Implement a Policy Requiring Immediate Disclosure of All ICE Courtesy Notifications Received by the Santa Ana Police Department – Councilmember Hernandez and Mayor Pro Tem Vazquez WORK STUDY SESSION 28.Fiscal Year 202526 Budget Work Study Session Department(s): Finance and Management Services Recommended Action: Discuss and provide further direction to staff. 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. FY2025/26 Budget Adoption 2. Tourism and Marketing District Renewal POSTING STATEMENT: On May 13, 2025, a true and correct copy of this agenda was posted at the entrance to City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. Internet Access to City Council, Agency, and Authority agendas and related material is available prior to meetings at santaana.org/agendasandminutes. City Council 5 5/20/2025 City Council Meeting PacketMay 20, 2025CLOSED SESSION MEETING – 4:00 PMREGULAR OPEN MEETING – 5:30 PM (Immediately following the Closed Session Meeting)CITY COUNCIL CHAMBER22 Civic Center Plaza Santa Ana, CA 92701Valerie AmezcuaMayorThai Viet PhanCouncilmember – Ward 1 Benjamin VazquezMayor Pro Tem Ward 2Jessie LopezCouncilmember Ward 3 Phil BacerraCouncilmember Ward 4Johnathan Ryan HernandezCouncilmember Ward 5 David PenalozaCouncilmember Ward 6Mayor and Council telephone: 7146476900Agenda item inquiries: 7146476520Sonia R. CarvalhoCity Attorney Alvaro NuñezCity Manager Jennifer L. HallCity ClerkIn 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 enablethe City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supportingdocumentation can be found on the City’s website – www.santaana.org/agendasandminutes.CITY VISION AND CODE OF ETHICSThe City of Santa Ana is committed to achieving a shared vision for the organization and itscommunity. The Vision, Mission and Guiding Principles (Values) are the result of a thoughtfuland inclusive process designed to set the City and organization on a course that meets thechallenges of today and tomorrow, as follows:Vision The dynamic center of Orange County which is acclaimed for our: Investment inyouth • Safe and healthy community • Neighborhood pride • Thriving economic climate •Enriched and diverse culture • Quality government servicesMission To deliver efficient public services in partnership with our community which ensurespublic safety, a prosperous economic environment, opportunities for our youth, and a highquality of life for residents.Guiding Principles Collaboration • Efficiency • Equity • Excellence • Fiscal Responsibility •Innovation • TransparencyCode 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 andConduct for elected officials and members of appointed boards, commissions, andcommittees to assure public confidence. The following are the core values expressed: •Integrity • Honesty • Responsibility • Fairness • Accountability • Respect • EfficiencyMembers of the public may attend the City Council meeting inperson or join via Zoom. As acourtesy to the public, the City Council meeting will occur live via teleconference Zoomwebinar. You may view the meeting from your computer, tablet, or smart phone via YouTubeLiveStream at https://www.youtube.com/cityofsantaanavideos/or on CTV3, available onSpectrum channel 3.PUBLIC COMMENTS – Members of the public who wish to address the City Council onclosed session items, items on the regular agenda, or on matters which are not on theagenda but are within the subject matter jurisdiction of the City Council, may do so by one ofthe 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 writtencommunications received via mail two (2) hours before the scheduled start of themeeting will be distributed to the City Council and imaged into the City’s documentarchive system which is available for public review.SENDING EMAIL OPTION – Public comments may be sent via email to the CityClerk’s office at eComment@santaana.org. Please note the agenda item you arecommenting on in the subject line of the email. All emails received two (2) hours beforethe scheduled start of the meeting will be distributed to the City Council and imagedinto the City’s document archive system which is available for public review.LIVE VIRTUAL OPTION – As a courtesy, members of the public may provide livecomments during the meeting by Zoom or Conference Call. To join by Zoom click on ortype the following address into your web browserhttps://us02web.zoom.us/j/315965149. To join the Conference Call: Dial (669) 9009128 and enter MEETING ID: 315 965 149#. You will be prompted by the City Clerkwhen it is time for a: i) closed session item, ii) agenda/general comments, iii) publichearing item, iv) special agenda item, or v) for Housing Authority item. You may requestto speak by dialing *9 from your phone or you may virtually raise your hand from Zoom.After the Clerk confirms the last three digits of the caller’s phone number or Zoom IDand unmutes them, the caller must press *6 or microphone icon to speak. Callers areencouraged, but not required, to identify themselves by name. Each caller will beprovided three (3) minutes to speak, unless due to the number of speakers wanting tospeak a decision is made to provide a different amount of time to speak.INPERSON OPTION Members of the public can provide inperson comments at thepodium in the Council Chamber. The Council Chamber will have seating available formembers of the public to attend the meeting inperson. Public comments are limited tothree (3) minutes per speaker, unless a different time is announced by the presidingchair. 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 beaccepted after the Public Comment Session begins without the permission of thepresiding chair.The following designated public comment periods are:1. LIVE PUBLIC COMMENTS ON CLOSED SESSION ITEMS – You can provide livecomments on closed session items by joining Zoom or the Conference Call as described inthe LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will openat 3:30 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL and raise your handBY 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. 2. LIVE PUBLIC COMMENTS ON REGULAR AGENDA ITEMS AND NONAGENDAITEMS (GENERAL PUBLIC COMMENT) – You can provide comments by joining Zoom orthe Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTSOPTION above. Speaker queue will open at 3:30 p.m. YOU MUST JOIN ZOOM OR THECONFERENCE CALL and raise your hand PRIOR TO 5:45 p.m. Speakers who are not inthe speaker queue with their hand raised by 5:45 p.m. will not be permitted to speak.3. LIVE PUBLIC COMMENTS ON PUBLIC HEARING ITEMS – You can providecomments by joining Zoom or the Conference Call as described in the LIVE or INPERSONPUBLIC COMMENTS OPTION above. Speakers not in the queue by 5:45 p.m. will not bepermitted to speak. 4. LIVE PUBLIC COMMENTS ON HOUSING AUTHORITY ITEMS – You can providecomments by joining Zoom or the Conference Call as described in the LIVE or INPERSONPUBLIC COMMENTS OPTION above. Speakers not in the queue by 5:45 p.m. will not bepermitted to speak. TRANSLATION SERVICES Spanish interpreting services are provided at CityCouncil meetings. Simultaneous Spanish interpretation is provided through the useof headsets and consecutive interpretation (SpanishtoEnglish) in addition to thosewishing 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 yla interpretación consecutiva (español a inglés) también está disponible paracualquiera que desee dirigirse al consejo municipal en el podio.About the AgendaTo download or view the attachments (staff report and other supporting documentation) foreach agenda item, you must select the agenda item to see the attachments to either open ina new link (the eyeball ) or download a pdf (the cloud symbol with the down arrow ).CLOSED SESSIONCALL TO ORDERATTENDANCE Council Members Phil BacerraJohnathan Ryan HernandezJessie LopezDavid PenalozaThai Viet PhanMayor Pro Tem Benjamin VazquezMayorValerie AmezcuaCity Manager Alvaro NuñezCity Attorney Sonia R. CarvalhoCity Clerk Jennifer L. HallROLL CALLADDITIONS\DELETIONS TO CLOSED SESSIONPUBLIC COMMENTS – Members of the public may address the City Council on ClosedSession items.RECESS – City Council will recess to Closed Session for the purpose of conducting regularCity business.CLOSED SESSION ITEMS – The Brown Act permits legislative bodies to discuss certainmatters without members of the public present. The City Council finds, based on advice fromthe City Attorney, that discussion in open session of the following matters will prejudice theposition of the City in existing and anticipated litigation:1.CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION pursuant toParagraph (1) of subdivision (d) of Section 54956.9 of the Government Code:A. Anchor Stone Christian Church v. City of Santa Ana, et al., United States DistrictCourt Case No. 8:25cv00215JWHDFM2.CONFERENCE WITH LEGAL COUNSEL – POTENTIAL INITIATION OF LITIGATIONpursuant to paragraph (4) of subdivision (d) of Government Code Section 54956.9:Three (3) cases – Drug Den Abatement Actions 1502 E. 1st Street, Santa Ana (“El Tapatio”) 1504 E. 1st Street, Santa Ana (“Royal Roman”) 1519 E. 1st Street, Santa Ana (“Royal Grand”) 3.PUBLIC EMPLOYEE EMPLOYMENT/APPOINTMENT pursuant to Section 54957(b) (1) of the Government Code: Title: Police Oversight Commission Independent Oversight Director 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 Thai Viet Phan Mayor Pro Tem Benjamin Vazquez 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 Pastor Johnny Dunning ADDITIONS\DELETIONS TO THE AGENDA CEREMONIAL PRESENTATIONS 1.Certificates of Recognition presented by Mayor Amezcua recognizing Santa Ana’s Annual Youth Poster Contest Winners 2.Proclamation presented by Mayor Pro Tem Vazquez to Santa Ana Active Streets declaring May 2025 as National Bike Month 3.Proclamation presented by Councilmember Bacerra and Councilmember Phan declaring May 2025 as Asian American & Pacific Islander Heritage Month 4.Proclamation presented by Councilmember Lopez to First 5 Orange County declaring May 2025 as Early Childhood Month 5.Certificates of Recognition presented by Councilmember Penaloza recognizing Pio Pico’s Inaugural Intermediate Sports Team for Exceptional Sportsmanship CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed Session. PUBLIC COMMENTS – Public comments will be held during the beginning of the meeting for ALL comments on agenda and nonagenda items. CONSENT CALENDAR RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 6 through 24 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 May 6, 2025 Department(s): City Clerk’s Office Recommended Action: Approve minutes. 8.Regional and Unified Local Workforce Plans for Program Years (PY) 20252028 as Required Under the Federal Title I Workforce Innovation and Opportunity Act Department(s): Community Development Agency Recommended Action: Approve the Regional and Unified Local Workforce Plans for PY 20252028 and authorize the submission to the State as required by the federal Workforce Innovation and Opportunity Act Title I grant. 9.Local Area Subsequent Designation and Local Board Recertification Program Year (PY) 20252027 Department(s): Community Development Agency Recommended Action: Authorize the submission of the application for Subsequent Local Area Designation and Local Board Recertification for PY 20252027. 10.Quarterly Report of Investments as of March 31, 2025 Department(s): Finance and Management Services Recommended Action: Receive and file. 11.Quarterly Report of Contracts up to $50,000 for NonPublic Works and up to $500,000 for Public Works Authorized by the City Manager as Permitted by Charter Section 421 Department(s): Finance and Management Services Recommended Action: Receive and file Quarterly Report of Contracts entered into between January 1, 2025 to March 31, 2025. 12.Contract to Cherry Bekaert Advisory LLC for Governmental Accounting Standards Board (GASB) Consulting Services (General Fund) Department(s): Finance and Management Services Recommended Action: Authorize the City Manager to execute an agreement with Cherry Bekaert Advisory LLC to provide Consulting Services to implement new GASB standards for a total amount not to exceed $156,000 for a twoyear period beginning with the fiscal year ending June 30, 2025 through June 30, 2026, with a provision for three, oneyear extensions for the fiscal years ending June 30, 2027, June 30, 2028, and June 30, 2029. (Agreement No. A2025XXX). 13.Agreement with ProudCity for the Licensing of a Website Content Management System (CMS) and Services Department(s): Information Technology Recommended Action: Authorize the City Manager to execute an agreement with ProudCity, Inc. for website content management system (CMS) software subscriptions and professional services, for a threeyear term beginning July 1, 2025 and ending June 30, 2028, for an annual amount not to exceed $103,827, for a total aggregate amount not to exceed $311,481 over the life of the agreement (Agreement No. A 2025XXX). 14.Agreement with StandUp for Kids to provide Rapid ReHousing Services Paired With Services Coordination for Homeless Youth from the Age of Eighteen to TwentyFour (NonGeneral Fund) Department(s): Community Development Agency Recommended Action: Approve an agreement with Standup for Kids Orange County, in an amount not to exceed $375,000, for Rapid ReHousing and Services Coordination for a twoyear period, beginning May 20, 2025, and ending May 19, 2027, with the option for the City to grant a oneyear renewal in writing by the City Manager and the City Attorney (Agreement No. A2025XXX). 15.Historic Property Preservation Agreement for the Property Located at 2301 N. Westwood Avenue Department(s): Planning and Building Agency Recommended Action: Authorize the City Manager to execute the attached Mills Act agreement with the belowreferenced property owner for the identified structure(s) (Agreement No. A2025XXX). [Includes determination that the proposed project is exempt from further review in accordance with the California Environmental Quality Act as Categorical Exemption/Environmental Review No. 202505 will be filed for the project] Table 1: Mills Act Agreement Approved by the Historic Resources Commission (HRC) Property Owner(s) Historic Property Preservation Agreement No.Address/House Vote by HRC Kevin T. Nguyen 202501 2301 N. Westwood Avenue 6:0:0:1 (Commissioner Padilla absent) 16.Agreement with Kim Turner, LLC for Recruitment, Training, and Staffing Consulting Services (Specification No 25009) (NonGeneral Fund) Department(s): Police Department Recommended Action: Authorize the City Manager to execute a oneyear agreement with Kim Turner, LLC, to provide recruitment, training, and staffing consulting services for the period of May 20, 2025 through May 19, 2026, with provisions for two, oneyear extensions, in an amount not to exceed $197,500 (Agreement A2025XXX). 17.Purchase Order to Tolar Manufacturing Company for Bus Shelters and Related Amenities (Specification No. 25063) (General Fund) Department(s): Public Works Agency Recommended Action: Authorize a Purchase Order to Tolar Manufacturing Company for bus shelters and related amenities, in a total amount not to exceed $250,000. 18.Agreement with HDR Engineering, Inc. to Conduct the First Street Multimodal Boulevard Study (NonGeneral Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with HDR Engineering Inc. to provide traffic engineering and transportation planning services for the First Street Multimodal Boulevard Study in the amount of $3,870,000, for a term beginning May 21, 2025 and ending on May 20, 2027, with the option for two, oneyear extensions (Agreement No. A2025XXX). 19.Agreement with Robert D. Niehaus, Inc. for LongTerm Financial Planning and Water and Sewer Cost of Service Study (Specification No. 25013) (NonGeneral Fund) Department(s): Public Works Agency Recommended Action: Approve an agreement with Robert D. Niehaus, Inc. to conduct longterm financial planning and a water and sewer cost of service study for an amount not to exceed $130,850, for a term beginning May 20, 2025 and expiring May 19, 2028, with a provision for two oneyear extensions (Agreement No. A2025 XXX). 20.Agreements with Butier Engineering, Inc., Z&K Consultants, Inc., Berg & Associates, Inc., Psomas, Willdan Engineering, and EEC Environmental for OnCall Construction Management and Inspection Services (No. 25011) (NonGeneral Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute agreements with Butier Engineering, Inc., Z&K Consultants, Inc., Berg & Associates, Inc., Psomas, Willdan Engineering, and EEC Environmental for oncall construction management services and inspection services, for a shared aggregate amount not to exceed $1,500,000, for a term beginning May 21, 2025 and expiring May 20, 2028, with provisions for two oneyear extensions (Core Agreement No. A2025XXX). 21.First Amendment to Interagency Agreement with the Orange County Water District and Moulton Niguel Water District Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute the first amendment to the agreement with Orange County Water District and Moulton Niguel Water District, to extend the term of the agreement to June 30, 2028, and to amend the scope of work to include a final design of the proposed infrastructure based on the preliminary design analysis (Agreement No. A2025XXX). 22.Second Amendment to the Waste Disposal Agreement with the County of Orange (NonGeneral Fund) Department(s): Public Works Agency Recommended Action: Approve a second amendment to the Waste Disposal Agreement with the County of Orange for an additional oneyear term ending June 30, 2026 for continued importation of waste to the County’s three landfills (Agreement No. A2025XXX). 23.Resolution Authorizing the City of Santa Ana to Donate Surplus Public Works Equipment to Sister City, Sahuayo de Morelos, Michoacán, Mexico Department(s): Public Works Agency Recommended Action: Adopt a resolution authorizing the City of Santa Ana to donate surplus Public Works equipment to Sister City Sahuayo de Morelos, Michoacán, Mexico. RESOLUTION NO. 2025XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING DONATION OF SURPLUS PUBLIC WORKS EQUIPMENT TO SISTER CITY SAHUAYO DE MORELOS 24.Second Reading of an Ordinance Adding Article XIV to Chapter 10 (Crimes and Miscellaneous Law Enforcement Provisions) of the Santa Ana Municipal Code Prohibiting the Sale or Distribution of Nitrous Oxide First reading conducted at the May 6, 2025 City Council meeting and approved by vote of 70. Legal notice published in the OC Reporter on May 9, 2025. Department(s): Police Department Recommended Action: Conduct a second reading and adopt an Ordinance adding Article XIV to Chapter 10 (Crimes and Miscellaneous Law Enforcement Provisions) of the Santa Ana Municipal Code prohibiting the sale or distribution of Nitrous Oxide: ORDINANCE NO. NS3079 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADDING ARTICLE XIV TO CHAPTER 10 OF THE SANTA ANA MUNICIPAL CODE (CRIMES AND MISCELLANEOUS LAW ENFORCEMENT PROVISIONS) PROHIBITING THE SALE OR DISTRIBUTION OF NITROUS OXIDE [Includes determination that the ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to CEQA and Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect change in the environment and is not a “project” as defined in Section 15378 of the CEQA Guidelines as well as pursuant to the “common sense” exemption set forth in CEQA Guidelines Section 15061(b)(3)] **END OF CONSENT CALENDAR** BUSINESS CALENDAR 25.Resolutions Supporting California Senate Bills 28 and 38 (Umberg), 569 (Blakespear), and 757 (Richardson) Department(s): City Manager’s Office Recommended Action: Adopt the following resolutions in support of state legislative efforts aligned with the City’s goals of enhancing the quality of life for residents through community safety, housing stability, and criminal justice reform: 1. RESOLUTION NO. 2025XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA IN SUPPORT OF CALIFORNIA SENATE BILLS 28 AND 38 BY SENATOR THOMAS J. UMBERG TO STRENGTHEN TREATMENT COURT STANDARDS AND REENTRY OPPORTUNITIES THROUGH THE SECOND CHANCE PROGRAM; and 2. RESOLUTION NO. 2025XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA SUPPORTING CALIFORNIA SENATE BILL 569 BY SENATOR CATHERINE BLAKESPEAR, THE HOMELESS ENCAMPMENT COLLABORATION ACT, TO STRENGTHEN LOCAL COLLABORATION WITH THE DEPARTMENT OF TRANSPORTATION; and 3. RESOLUTION NO. 2025XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA IN SUPPORT OF SENATE BILL 757 BY SENATOR STEVEN RICHARDSON, THE LOCAL GOVERNMENT – NUISANCE ABATEMENT, TO EXPAND AND STRENGTHEN LOCAL AUTHORITY AND CONTROL 26.Ordinance Adding Article XII Entitled Disclosure of Certain Enforcement Actions to Chapter 2 of the Sana Ana Municipal Code Requiring Disclosure of Federal Election Commission and California Fair Political Practices Commission Enforcement Actions Department(s): City Manager’s Office Recommended Action: Conduct a first reading and adopt an ordinance adding Article XII entitled Disclosure of Certain Enforcement Actions to Chapter 2 of the Santa Ana Municipal Code requiring disclosure of Federal Election Commission and California Fair Political Practices Commission enforcement actions: ORDINANCE NO. NSXXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADDING ARTICLE XII ENTITLED DISCLOSURE OF CERTAIN ENFORCEMENT ACTIONS TO CHAPTER 2 OF THE SANTA ANA MUNICIPAL CODE REQUIRING DISCLOSURE OF FEDERAL ELECTION COMMISSION AND CALIFORNIA FAIR POLITICAL PRACTICES COMMISSION ENFORCEMENT ACTIONS FOR CERTAIN LICENSES, PERMITS OR OTHER ENTITLEMENTS FOR USE **END OF BUSINESS CALENDAR** COUNCILMEMBER REQUESTED ITEMS 27.Discuss and Consider Providing Direction to the City Manager to Develop and Implement a Policy Requiring Immediate Disclosure of All ICE Courtesy Notifications Received by the Santa Ana Police Department – Councilmember Hernandez and Mayor Pro Tem Vazquez WORK STUDY SESSION 28.Fiscal Year 202526 Budget Work Study Session Department(s): Finance and Management Services Recommended Action: Discuss and provide further direction to staff. 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. FY2025/26 Budget Adoption 2. Tourism and Marketing District Renewal POSTING STATEMENT: On May 13, 2025, a true and correct copy of this agenda was posted at the entrance to City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. Internet Access to City Council, Agency, and Authority agendas and related material is available prior to meetings at santaana.org/agendasandminutes. City Council 6 5/20/2025 City Council Meeting PacketMay 20, 2025CLOSED SESSION MEETING – 4:00 PMREGULAR OPEN MEETING – 5:30 PM (Immediately following the Closed Session Meeting)CITY COUNCIL CHAMBER22 Civic Center Plaza Santa Ana, CA 92701Valerie AmezcuaMayorThai Viet PhanCouncilmember – Ward 1 Benjamin VazquezMayor Pro Tem Ward 2Jessie LopezCouncilmember Ward 3 Phil BacerraCouncilmember Ward 4Johnathan Ryan HernandezCouncilmember Ward 5 David PenalozaCouncilmember Ward 6Mayor and Council telephone: 7146476900Agenda item inquiries: 7146476520Sonia R. CarvalhoCity Attorney Alvaro NuñezCity Manager Jennifer L. HallCity ClerkIn 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 enablethe City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supportingdocumentation can be found on the City’s website – www.santaana.org/agendasandminutes.CITY VISION AND CODE OF ETHICSThe City of Santa Ana is committed to achieving a shared vision for the organization and itscommunity. The Vision, Mission and Guiding Principles (Values) are the result of a thoughtfuland inclusive process designed to set the City and organization on a course that meets thechallenges of today and tomorrow, as follows:Vision The dynamic center of Orange County which is acclaimed for our: Investment inyouth • Safe and healthy community • Neighborhood pride • Thriving economic climate •Enriched and diverse culture • Quality government servicesMission To deliver efficient public services in partnership with our community which ensurespublic safety, a prosperous economic environment, opportunities for our youth, and a highquality of life for residents.Guiding Principles Collaboration • Efficiency • Equity • Excellence • Fiscal Responsibility •Innovation • TransparencyCode 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 andConduct for elected officials and members of appointed boards, commissions, andcommittees to assure public confidence. The following are the core values expressed: •Integrity • Honesty • Responsibility • Fairness • Accountability • Respect • EfficiencyMembers of the public may attend the City Council meeting inperson or join via Zoom. As acourtesy to the public, the City Council meeting will occur live via teleconference Zoomwebinar. You may view the meeting from your computer, tablet, or smart phone via YouTubeLiveStream at https://www.youtube.com/cityofsantaanavideos/or on CTV3, available onSpectrum channel 3.PUBLIC COMMENTS – Members of the public who wish to address the City Council onclosed session items, items on the regular agenda, or on matters which are not on theagenda but are within the subject matter jurisdiction of the City Council, may do so by one ofthe 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 writtencommunications received via mail two (2) hours before the scheduled start of themeeting will be distributed to the City Council and imaged into the City’s documentarchive system which is available for public review.SENDING EMAIL OPTION – Public comments may be sent via email to the CityClerk’s office at eComment@santaana.org. Please note the agenda item you arecommenting on in the subject line of the email. All emails received two (2) hours beforethe scheduled start of the meeting will be distributed to the City Council and imagedinto the City’s document archive system which is available for public review.LIVE VIRTUAL OPTION – As a courtesy, members of the public may provide livecomments during the meeting by Zoom or Conference Call. To join by Zoom click on ortype the following address into your web browserhttps://us02web.zoom.us/j/315965149. To join the Conference Call: Dial (669) 9009128 and enter MEETING ID: 315 965 149#. You will be prompted by the City Clerkwhen it is time for a: i) closed session item, ii) agenda/general comments, iii) publichearing item, iv) special agenda item, or v) for Housing Authority item. You may requestto speak by dialing *9 from your phone or you may virtually raise your hand from Zoom.After the Clerk confirms the last three digits of the caller’s phone number or Zoom IDand unmutes them, the caller must press *6 or microphone icon to speak. Callers areencouraged, but not required, to identify themselves by name. Each caller will beprovided three (3) minutes to speak, unless due to the number of speakers wanting tospeak a decision is made to provide a different amount of time to speak.INPERSON OPTION Members of the public can provide inperson comments at thepodium in the Council Chamber. The Council Chamber will have seating available formembers of the public to attend the meeting inperson. Public comments are limited tothree (3) minutes per speaker, unless a different time is announced by the presidingchair. 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 beaccepted after the Public Comment Session begins without the permission of thepresiding chair.The following designated public comment periods are:1. LIVE PUBLIC COMMENTS ON CLOSED SESSION ITEMS – You can provide livecomments on closed session items by joining Zoom or the Conference Call as described inthe LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will openat 3:30 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL and raise your handBY 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. 2. LIVE PUBLIC COMMENTS ON REGULAR AGENDA ITEMS AND NONAGENDAITEMS (GENERAL PUBLIC COMMENT) – You can provide comments by joining Zoom orthe Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTSOPTION above. Speaker queue will open at 3:30 p.m. YOU MUST JOIN ZOOM OR THECONFERENCE CALL and raise your hand PRIOR TO 5:45 p.m. Speakers who are not inthe speaker queue with their hand raised by 5:45 p.m. will not be permitted to speak.3. LIVE PUBLIC COMMENTS ON PUBLIC HEARING ITEMS – You can providecomments by joining Zoom or the Conference Call as described in the LIVE or INPERSONPUBLIC COMMENTS OPTION above. Speakers not in the queue by 5:45 p.m. will not bepermitted to speak. 4. LIVE PUBLIC COMMENTS ON HOUSING AUTHORITY ITEMS – You can providecomments by joining Zoom or the Conference Call as described in the LIVE or INPERSONPUBLIC COMMENTS OPTION above. Speakers not in the queue by 5:45 p.m. will not bepermitted to speak. TRANSLATION SERVICES Spanish interpreting services are provided at CityCouncil meetings. Simultaneous Spanish interpretation is provided through the useof headsets and consecutive interpretation (SpanishtoEnglish) in addition to thosewishing 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 yla interpretación consecutiva (español a inglés) también está disponible paracualquiera que desee dirigirse al consejo municipal en el podio.About the AgendaTo download or view the attachments (staff report and other supporting documentation) foreach agenda item, you must select the agenda item to see the attachments to either open ina new link (the eyeball ) or download a pdf (the cloud symbol with the down arrow ).CLOSED SESSIONCALL TO ORDERATTENDANCE Council Members Phil BacerraJohnathan Ryan HernandezJessie LopezDavid PenalozaThai Viet PhanMayor Pro Tem Benjamin VazquezMayorValerie AmezcuaCity Manager Alvaro NuñezCity Attorney Sonia R. CarvalhoCity Clerk Jennifer L. HallROLL CALLADDITIONS\DELETIONS TO CLOSED SESSIONPUBLIC COMMENTS – Members of the public may address the City Council on ClosedSession items.RECESS – City Council will recess to Closed Session for the purpose of conducting regularCity business.CLOSED SESSION ITEMS – The Brown Act permits legislative bodies to discuss certainmatters without members of the public present. The City Council finds, based on advice fromthe City Attorney, that discussion in open session of the following matters will prejudice theposition of the City in existing and anticipated litigation:1.CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION pursuant toParagraph (1) of subdivision (d) of Section 54956.9 of the Government Code:A. Anchor Stone Christian Church v. City of Santa Ana, et al., United States DistrictCourt Case No. 8:25cv00215JWHDFM2.CONFERENCE WITH LEGAL COUNSEL – POTENTIAL INITIATION OF LITIGATIONpursuant to paragraph (4) of subdivision (d) of Government Code Section 54956.9:Three (3) cases – Drug Den Abatement Actions1502 E. 1st Street, Santa Ana (“El Tapatio”)1504 E. 1st Street, Santa Ana (“Royal Roman”)1519 E. 1st Street, Santa Ana (“Royal Grand”)3.PUBLIC EMPLOYEE EMPLOYMENT/APPOINTMENT pursuant to Section 54957(b)(1) of the Government Code:Title: Police Oversight Commission Independent Oversight DirectorRECONVENE – City Council will reconvene to continue regular City business.CITY COUNCIL REGULAR OPEN SESSIONCALL TO ORDERATTENDANCE Council Members Phil BacerraJohnathan Ryan HernandezJessie LopezDavid PenalozaThai Viet PhanMayor Pro Tem Benjamin VazquezMayorValerie AmezcuaCity Manager Alvaro NuñezCity Attorney Sonia R. CarvalhoCity Clerk Jennifer L. HallROLL CALLPLEDGE OF ALLEGIANCE Mayor AmezcuaWORDS OF INSPIRATION Pastor Johnny DunningADDITIONS\DELETIONS TO THE AGENDACEREMONIAL PRESENTATIONS1.Certificates of Recognition presented by Mayor Amezcua recognizing Santa Ana’sAnnual Youth Poster Contest Winners2.Proclamation presented by Mayor Pro Tem Vazquez to Santa Ana Active Streetsdeclaring May 2025 as National Bike Month3.Proclamation presented by Councilmember Bacerra and Councilmember Phandeclaring May 2025 as Asian American & Pacific Islander Heritage Month4.Proclamation presented by Councilmember Lopez to First 5 Orange County declaring May 2025 as Early Childhood Month 5.Certificates of Recognition presented by Councilmember Penaloza recognizing Pio Pico’s Inaugural Intermediate Sports Team for Exceptional Sportsmanship CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed Session. PUBLIC COMMENTS – Public comments will be held during the beginning of the meeting for ALL comments on agenda and nonagenda items. CONSENT CALENDAR RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 6 through 24 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 May 6, 2025 Department(s): City Clerk’s Office Recommended Action: Approve minutes. 8.Regional and Unified Local Workforce Plans for Program Years (PY) 20252028 as Required Under the Federal Title I Workforce Innovation and Opportunity Act Department(s): Community Development Agency Recommended Action: Approve the Regional and Unified Local Workforce Plans for PY 20252028 and authorize the submission to the State as required by the federal Workforce Innovation and Opportunity Act Title I grant. 9.Local Area Subsequent Designation and Local Board Recertification Program Year (PY) 20252027 Department(s): Community Development Agency Recommended Action: Authorize the submission of the application for Subsequent Local Area Designation and Local Board Recertification for PY 20252027. 10.Quarterly Report of Investments as of March 31, 2025 Department(s): Finance and Management Services Recommended Action: Receive and file. 11.Quarterly Report of Contracts up to $50,000 for NonPublic Works and up to $500,000 for Public Works Authorized by the City Manager as Permitted by Charter Section 421 Department(s): Finance and Management Services Recommended Action: Receive and file Quarterly Report of Contracts entered into between January 1, 2025 to March 31, 2025. 12.Contract to Cherry Bekaert Advisory LLC for Governmental Accounting Standards Board (GASB) Consulting Services (General Fund) Department(s): Finance and Management Services Recommended Action: Authorize the City Manager to execute an agreement with Cherry Bekaert Advisory LLC to provide Consulting Services to implement new GASB standards for a total amount not to exceed $156,000 for a twoyear period beginning with the fiscal year ending June 30, 2025 through June 30, 2026, with a provision for three, oneyear extensions for the fiscal years ending June 30, 2027, June 30, 2028, and June 30, 2029. (Agreement No. A2025XXX). 13.Agreement with ProudCity for the Licensing of a Website Content Management System (CMS) and Services Department(s): Information Technology Recommended Action: Authorize the City Manager to execute an agreement with ProudCity, Inc. for website content management system (CMS) software subscriptions and professional services, for a threeyear term beginning July 1, 2025 and ending June 30, 2028, for an annual amount not to exceed $103,827, for a total aggregate amount not to exceed $311,481 over the life of the agreement (Agreement No. A 2025XXX). 14.Agreement with StandUp for Kids to provide Rapid ReHousing Services Paired With Services Coordination for Homeless Youth from the Age of Eighteen to TwentyFour (NonGeneral Fund) Department(s): Community Development Agency Recommended Action: Approve an agreement with Standup for Kids Orange County, in an amount not to exceed $375,000, for Rapid ReHousing and Services Coordination for a twoyear period, beginning May 20, 2025, and ending May 19, 2027, with the option for the City to grant a oneyear renewal in writing by the City Manager and the City Attorney (Agreement No. A2025XXX). 15.Historic Property Preservation Agreement for the Property Located at 2301 N. Westwood Avenue Department(s): Planning and Building Agency Recommended Action: Authorize the City Manager to execute the attached Mills Act agreement with the belowreferenced property owner for the identified structure(s) (Agreement No. A2025XXX). [Includes determination that the proposed project is exempt from further review in accordance with the California Environmental Quality Act as Categorical Exemption/Environmental Review No. 202505 will be filed for the project] Table 1: Mills Act Agreement Approved by the Historic Resources Commission (HRC) Property Owner(s) Historic Property Preservation Agreement No.Address/House Vote by HRC Kevin T. Nguyen 202501 2301 N. Westwood Avenue 6:0:0:1 (Commissioner Padilla absent) 16.Agreement with Kim Turner, LLC for Recruitment, Training, and Staffing Consulting Services (Specification No 25009) (NonGeneral Fund) Department(s): Police Department Recommended Action: Authorize the City Manager to execute a oneyear agreement with Kim Turner, LLC, to provide recruitment, training, and staffing consulting services for the period of May 20, 2025 through May 19, 2026, with provisions for two, oneyear extensions, in an amount not to exceed $197,500 (Agreement A2025XXX). 17.Purchase Order to Tolar Manufacturing Company for Bus Shelters and Related Amenities (Specification No. 25063) (General Fund) Department(s): Public Works Agency Recommended Action: Authorize a Purchase Order to Tolar Manufacturing Company for bus shelters and related amenities, in a total amount not to exceed $250,000. 18.Agreement with HDR Engineering, Inc. to Conduct the First Street Multimodal Boulevard Study (NonGeneral Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with HDR Engineering Inc. to provide traffic engineering and transportation planning services for the First Street Multimodal Boulevard Study in the amount of $3,870,000, for a term beginning May 21, 2025 and ending on May 20, 2027, with the option for two, oneyear extensions (Agreement No. A2025XXX). 19.Agreement with Robert D. Niehaus, Inc. for LongTerm Financial Planning and Water and Sewer Cost of Service Study (Specification No. 25013) (NonGeneral Fund) Department(s): Public Works Agency Recommended Action: Approve an agreement with Robert D. Niehaus, Inc. to conduct longterm financial planning and a water and sewer cost of service study for an amount not to exceed $130,850, for a term beginning May 20, 2025 and expiring May 19, 2028, with a provision for two oneyear extensions (Agreement No. A2025 XXX). 20.Agreements with Butier Engineering, Inc., Z&K Consultants, Inc., Berg & Associates, Inc., Psomas, Willdan Engineering, and EEC Environmental for OnCall Construction Management and Inspection Services (No. 25011) (NonGeneral Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute agreements with Butier Engineering, Inc., Z&K Consultants, Inc., Berg & Associates, Inc., Psomas, Willdan Engineering, and EEC Environmental for oncall construction management services and inspection services, for a shared aggregate amount not to exceed $1,500,000, for a term beginning May 21, 2025 and expiring May 20, 2028, with provisions for two oneyear extensions (Core Agreement No. A2025XXX). 21.First Amendment to Interagency Agreement with the Orange County Water District and Moulton Niguel Water District Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute the first amendment to the agreement with Orange County Water District and Moulton Niguel Water District, to extend the term of the agreement to June 30, 2028, and to amend the scope of work to include a final design of the proposed infrastructure based on the preliminary design analysis (Agreement No. A2025XXX). 22.Second Amendment to the Waste Disposal Agreement with the County of Orange (NonGeneral Fund) Department(s): Public Works Agency Recommended Action: Approve a second amendment to the Waste Disposal Agreement with the County of Orange for an additional oneyear term ending June 30, 2026 for continued importation of waste to the County’s three landfills (Agreement No. A2025XXX). 23.Resolution Authorizing the City of Santa Ana to Donate Surplus Public Works Equipment to Sister City, Sahuayo de Morelos, Michoacán, Mexico Department(s): Public Works Agency Recommended Action: Adopt a resolution authorizing the City of Santa Ana to donate surplus Public Works equipment to Sister City Sahuayo de Morelos, Michoacán, Mexico. RESOLUTION NO. 2025XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING DONATION OF SURPLUS PUBLIC WORKS EQUIPMENT TO SISTER CITY SAHUAYO DE MORELOS 24.Second Reading of an Ordinance Adding Article XIV to Chapter 10 (Crimes and Miscellaneous Law Enforcement Provisions) of the Santa Ana Municipal Code Prohibiting the Sale or Distribution of Nitrous Oxide First reading conducted at the May 6, 2025 City Council meeting and approved by vote of 70. Legal notice published in the OC Reporter on May 9, 2025. Department(s): Police Department Recommended Action: Conduct a second reading and adopt an Ordinance adding Article XIV to Chapter 10 (Crimes and Miscellaneous Law Enforcement Provisions) of the Santa Ana Municipal Code prohibiting the sale or distribution of Nitrous Oxide: ORDINANCE NO. NS3079 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADDING ARTICLE XIV TO CHAPTER 10 OF THE SANTA ANA MUNICIPAL CODE (CRIMES AND MISCELLANEOUS LAW ENFORCEMENT PROVISIONS) PROHIBITING THE SALE OR DISTRIBUTION OF NITROUS OXIDE [Includes determination that the ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to CEQA and Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect change in the environment and is not a “project” as defined in Section 15378 of the CEQA Guidelines as well as pursuant to the “common sense” exemption set forth in CEQA Guidelines Section 15061(b)(3)] **END OF CONSENT CALENDAR** BUSINESS CALENDAR 25.Resolutions Supporting California Senate Bills 28 and 38 (Umberg), 569 (Blakespear), and 757 (Richardson) Department(s): City Manager’s Office Recommended Action: Adopt the following resolutions in support of state legislative efforts aligned with the City’s goals of enhancing the quality of life for residents through community safety, housing stability, and criminal justice reform: 1. RESOLUTION NO. 2025XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA IN SUPPORT OF CALIFORNIA SENATE BILLS 28 AND 38 BY SENATOR THOMAS J. UMBERG TO STRENGTHEN TREATMENT COURT STANDARDS AND REENTRY OPPORTUNITIES THROUGH THE SECOND CHANCE PROGRAM; and 2. RESOLUTION NO. 2025XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA SUPPORTING CALIFORNIA SENATE BILL 569 BY SENATOR CATHERINE BLAKESPEAR, THE HOMELESS ENCAMPMENT COLLABORATION ACT, TO STRENGTHEN LOCAL COLLABORATION WITH THE DEPARTMENT OF TRANSPORTATION; and 3. RESOLUTION NO. 2025XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA IN SUPPORT OF SENATE BILL 757 BY SENATOR STEVEN RICHARDSON, THE LOCAL GOVERNMENT – NUISANCE ABATEMENT, TO EXPAND AND STRENGTHEN LOCAL AUTHORITY AND CONTROL 26.Ordinance Adding Article XII Entitled Disclosure of Certain Enforcement Actions to Chapter 2 of the Sana Ana Municipal Code Requiring Disclosure of Federal Election Commission and California Fair Political Practices Commission Enforcement Actions Department(s): City Manager’s Office Recommended Action: Conduct a first reading and adopt an ordinance adding Article XII entitled Disclosure of Certain Enforcement Actions to Chapter 2 of the Santa Ana Municipal Code requiring disclosure of Federal Election Commission and California Fair Political Practices Commission enforcement actions: ORDINANCE NO. NSXXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADDING ARTICLE XII ENTITLED DISCLOSURE OF CERTAIN ENFORCEMENT ACTIONS TO CHAPTER 2 OF THE SANTA ANA MUNICIPAL CODE REQUIRING DISCLOSURE OF FEDERAL ELECTION COMMISSION AND CALIFORNIA FAIR POLITICAL PRACTICES COMMISSION ENFORCEMENT ACTIONS FOR CERTAIN LICENSES, PERMITS OR OTHER ENTITLEMENTS FOR USE **END OF BUSINESS CALENDAR** COUNCILMEMBER REQUESTED ITEMS 27.Discuss and Consider Providing Direction to the City Manager to Develop and Implement a Policy Requiring Immediate Disclosure of All ICE Courtesy Notifications Received by the Santa Ana Police Department – Councilmember Hernandez and Mayor Pro Tem Vazquez WORK STUDY SESSION 28.Fiscal Year 202526 Budget Work Study Session Department(s): Finance and Management Services Recommended Action: Discuss and provide further direction to staff. 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. FY2025/26 Budget Adoption 2. Tourism and Marketing District Renewal POSTING STATEMENT: On May 13, 2025, a true and correct copy of this agenda was posted at the entrance to City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. Internet Access to City Council, Agency, and Authority agendas and related material is available prior to meetings at santaana.org/agendasandminutes. City Council 7 5/20/2025 City Council Meeting PacketMay 20, 2025CLOSED SESSION MEETING – 4:00 PMREGULAR OPEN MEETING – 5:30 PM (Immediately following the Closed Session Meeting)CITY COUNCIL CHAMBER22 Civic Center Plaza Santa Ana, CA 92701Valerie AmezcuaMayorThai Viet PhanCouncilmember – Ward 1 Benjamin VazquezMayor Pro Tem Ward 2Jessie LopezCouncilmember Ward 3 Phil BacerraCouncilmember Ward 4Johnathan Ryan HernandezCouncilmember Ward 5 David PenalozaCouncilmember Ward 6Mayor and Council telephone: 7146476900Agenda item inquiries: 7146476520Sonia R. CarvalhoCity Attorney Alvaro NuñezCity Manager Jennifer L. HallCity ClerkIn 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 enablethe City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supportingdocumentation can be found on the City’s website – www.santaana.org/agendasandminutes.CITY VISION AND CODE OF ETHICSThe City of Santa Ana is committed to achieving a shared vision for the organization and itscommunity. The Vision, Mission and Guiding Principles (Values) are the result of a thoughtfuland inclusive process designed to set the City and organization on a course that meets thechallenges of today and tomorrow, as follows:Vision The dynamic center of Orange County which is acclaimed for our: Investment inyouth • Safe and healthy community • Neighborhood pride • Thriving economic climate •Enriched and diverse culture • Quality government servicesMission To deliver efficient public services in partnership with our community which ensurespublic safety, a prosperous economic environment, opportunities for our youth, and a highquality of life for residents.Guiding Principles Collaboration • Efficiency • Equity • Excellence • Fiscal Responsibility •Innovation • TransparencyCode 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 andConduct for elected officials and members of appointed boards, commissions, andcommittees to assure public confidence. The following are the core values expressed: •Integrity • Honesty • Responsibility • Fairness • Accountability • Respect • EfficiencyMembers of the public may attend the City Council meeting inperson or join via Zoom. As acourtesy to the public, the City Council meeting will occur live via teleconference Zoomwebinar. You may view the meeting from your computer, tablet, or smart phone via YouTubeLiveStream at https://www.youtube.com/cityofsantaanavideos/or on CTV3, available onSpectrum channel 3.PUBLIC COMMENTS – Members of the public who wish to address the City Council onclosed session items, items on the regular agenda, or on matters which are not on theagenda but are within the subject matter jurisdiction of the City Council, may do so by one ofthe 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 writtencommunications received via mail two (2) hours before the scheduled start of themeeting will be distributed to the City Council and imaged into the City’s documentarchive system which is available for public review.SENDING EMAIL OPTION – Public comments may be sent via email to the CityClerk’s office at eComment@santaana.org. Please note the agenda item you arecommenting on in the subject line of the email. All emails received two (2) hours beforethe scheduled start of the meeting will be distributed to the City Council and imagedinto the City’s document archive system which is available for public review.LIVE VIRTUAL OPTION – As a courtesy, members of the public may provide livecomments during the meeting by Zoom or Conference Call. To join by Zoom click on ortype the following address into your web browserhttps://us02web.zoom.us/j/315965149. To join the Conference Call: Dial (669) 9009128 and enter MEETING ID: 315 965 149#. You will be prompted by the City Clerkwhen it is time for a: i) closed session item, ii) agenda/general comments, iii) publichearing item, iv) special agenda item, or v) for Housing Authority item. You may requestto speak by dialing *9 from your phone or you may virtually raise your hand from Zoom.After the Clerk confirms the last three digits of the caller’s phone number or Zoom IDand unmutes them, the caller must press *6 or microphone icon to speak. Callers areencouraged, but not required, to identify themselves by name. Each caller will beprovided three (3) minutes to speak, unless due to the number of speakers wanting tospeak a decision is made to provide a different amount of time to speak.INPERSON OPTION Members of the public can provide inperson comments at thepodium in the Council Chamber. The Council Chamber will have seating available formembers of the public to attend the meeting inperson. Public comments are limited tothree (3) minutes per speaker, unless a different time is announced by the presidingchair. 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 beaccepted after the Public Comment Session begins without the permission of thepresiding chair.The following designated public comment periods are:1. LIVE PUBLIC COMMENTS ON CLOSED SESSION ITEMS – You can provide livecomments on closed session items by joining Zoom or the Conference Call as described inthe LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will openat 3:30 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL and raise your handBY 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. 2. LIVE PUBLIC COMMENTS ON REGULAR AGENDA ITEMS AND NONAGENDAITEMS (GENERAL PUBLIC COMMENT) – You can provide comments by joining Zoom orthe Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTSOPTION above. Speaker queue will open at 3:30 p.m. YOU MUST JOIN ZOOM OR THECONFERENCE CALL and raise your hand PRIOR TO 5:45 p.m. Speakers who are not inthe speaker queue with their hand raised by 5:45 p.m. will not be permitted to speak.3. LIVE PUBLIC COMMENTS ON PUBLIC HEARING ITEMS – You can providecomments by joining Zoom or the Conference Call as described in the LIVE or INPERSONPUBLIC COMMENTS OPTION above. Speakers not in the queue by 5:45 p.m. will not bepermitted to speak. 4. LIVE PUBLIC COMMENTS ON HOUSING AUTHORITY ITEMS – You can providecomments by joining Zoom or the Conference Call as described in the LIVE or INPERSONPUBLIC COMMENTS OPTION above. Speakers not in the queue by 5:45 p.m. will not bepermitted to speak. TRANSLATION SERVICES Spanish interpreting services are provided at CityCouncil meetings. Simultaneous Spanish interpretation is provided through the useof headsets and consecutive interpretation (SpanishtoEnglish) in addition to thosewishing 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 yla interpretación consecutiva (español a inglés) también está disponible paracualquiera que desee dirigirse al consejo municipal en el podio.About the AgendaTo download or view the attachments (staff report and other supporting documentation) foreach agenda item, you must select the agenda item to see the attachments to either open ina new link (the eyeball ) or download a pdf (the cloud symbol with the down arrow ).CLOSED SESSIONCALL TO ORDERATTENDANCE Council Members Phil BacerraJohnathan Ryan HernandezJessie LopezDavid PenalozaThai Viet PhanMayor Pro Tem Benjamin VazquezMayorValerie AmezcuaCity Manager Alvaro NuñezCity Attorney Sonia R. CarvalhoCity Clerk Jennifer L. HallROLL CALLADDITIONS\DELETIONS TO CLOSED SESSIONPUBLIC COMMENTS – Members of the public may address the City Council on ClosedSession items.RECESS – City Council will recess to Closed Session for the purpose of conducting regularCity business.CLOSED SESSION ITEMS – The Brown Act permits legislative bodies to discuss certainmatters without members of the public present. The City Council finds, based on advice fromthe City Attorney, that discussion in open session of the following matters will prejudice theposition of the City in existing and anticipated litigation:1.CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION pursuant toParagraph (1) of subdivision (d) of Section 54956.9 of the Government Code:A. Anchor Stone Christian Church v. City of Santa Ana, et al., United States DistrictCourt Case No. 8:25cv00215JWHDFM2.CONFERENCE WITH LEGAL COUNSEL – POTENTIAL INITIATION OF LITIGATIONpursuant to paragraph (4) of subdivision (d) of Government Code Section 54956.9:Three (3) cases – Drug Den Abatement Actions1502 E. 1st Street, Santa Ana (“El Tapatio”)1504 E. 1st Street, Santa Ana (“Royal Roman”)1519 E. 1st Street, Santa Ana (“Royal Grand”)3.PUBLIC EMPLOYEE EMPLOYMENT/APPOINTMENT pursuant to Section 54957(b)(1) of the Government Code:Title: Police Oversight Commission Independent Oversight DirectorRECONVENE – City Council will reconvene to continue regular City business.CITY COUNCIL REGULAR OPEN SESSIONCALL TO ORDERATTENDANCE Council Members Phil BacerraJohnathan Ryan HernandezJessie LopezDavid PenalozaThai Viet PhanMayor Pro Tem Benjamin VazquezMayorValerie AmezcuaCity Manager Alvaro NuñezCity Attorney Sonia R. CarvalhoCity Clerk Jennifer L. HallROLL CALLPLEDGE OF ALLEGIANCE Mayor AmezcuaWORDS OF INSPIRATION Pastor Johnny DunningADDITIONS\DELETIONS TO THE AGENDACEREMONIAL PRESENTATIONS1.Certificates of Recognition presented by Mayor Amezcua recognizing Santa Ana’sAnnual Youth Poster Contest Winners2.Proclamation presented by Mayor Pro Tem Vazquez to Santa Ana Active Streetsdeclaring May 2025 as National Bike Month3.Proclamation presented by Councilmember Bacerra and Councilmember Phandeclaring May 2025 as Asian American & Pacific Islander Heritage Month4.Proclamation presented by Councilmember Lopez to First 5 Orange County declaringMay 2025 as Early Childhood Month5.Certificates of Recognition presented by Councilmember Penaloza recognizing PioPico’s Inaugural Intermediate Sports Team for Exceptional SportsmanshipCLOSED SESSION REPORT – The City Attorney will report on any action(s) from ClosedSession.PUBLIC COMMENTS – Public comments will be held during the beginning of the meetingfor ALL comments on agenda and nonagenda items.CONSENT CALENDARRECOMMENDED ACTION: Approve staff recommendations on the followingConsent Calendar Items: 6 through 24 and waive reading of all resolutionsand ordinances. 6.Excused AbsencesDepartment(s): City Clerk’s OfficeRecommended Action: Excuse the absent members.7.Minutes from the Regular Meeting of May 6, 2025Department(s): City Clerk’s OfficeRecommended Action: Approve minutes.8.Regional and Unified Local Workforce Plans for Program Years (PY) 20252028 asRequired Under the Federal Title I Workforce Innovation and Opportunity ActDepartment(s): Community Development AgencyRecommended Action: Approve the Regional and Unified Local Workforce Plans forPY 20252028 and authorize the submission to the State as required by the federalWorkforce Innovation and Opportunity Act Title I grant.9.Local Area Subsequent Designation and Local Board Recertification Program Year(PY) 20252027Department(s): Community Development AgencyRecommended Action: Authorize the submission of the application for SubsequentLocal Area Designation and Local Board Recertification for PY 20252027.10.Quarterly Report of Investments as of March 31, 2025 Department(s): Finance and Management Services Recommended Action: Receive and file. 11.Quarterly Report of Contracts up to $50,000 for NonPublic Works and up to $500,000 for Public Works Authorized by the City Manager as Permitted by Charter Section 421 Department(s): Finance and Management Services Recommended Action: Receive and file Quarterly Report of Contracts entered into between January 1, 2025 to March 31, 2025. 12.Contract to Cherry Bekaert Advisory LLC for Governmental Accounting Standards Board (GASB) Consulting Services (General Fund) Department(s): Finance and Management Services Recommended Action: Authorize the City Manager to execute an agreement with Cherry Bekaert Advisory LLC to provide Consulting Services to implement new GASB standards for a total amount not to exceed $156,000 for a twoyear period beginning with the fiscal year ending June 30, 2025 through June 30, 2026, with a provision for three, oneyear extensions for the fiscal years ending June 30, 2027, June 30, 2028, and June 30, 2029. (Agreement No. A2025XXX). 13.Agreement with ProudCity for the Licensing of a Website Content Management System (CMS) and Services Department(s): Information Technology Recommended Action: Authorize the City Manager to execute an agreement with ProudCity, Inc. for website content management system (CMS) software subscriptions and professional services, for a threeyear term beginning July 1, 2025 and ending June 30, 2028, for an annual amount not to exceed $103,827, for a total aggregate amount not to exceed $311,481 over the life of the agreement (Agreement No. A 2025XXX). 14.Agreement with StandUp for Kids to provide Rapid ReHousing Services Paired With Services Coordination for Homeless Youth from the Age of Eighteen to TwentyFour (NonGeneral Fund) Department(s): Community Development Agency Recommended Action: Approve an agreement with Standup for Kids Orange County, in an amount not to exceed $375,000, for Rapid ReHousing and Services Coordination for a twoyear period, beginning May 20, 2025, and ending May 19, 2027, with the option for the City to grant a oneyear renewal in writing by the City Manager and the City Attorney (Agreement No. A2025XXX). 15.Historic Property Preservation Agreement for the Property Located at 2301 N. Westwood Avenue Department(s): Planning and Building Agency Recommended Action: Authorize the City Manager to execute the attached Mills Act agreement with the belowreferenced property owner for the identified structure(s) (Agreement No. A2025XXX). [Includes determination that the proposed project is exempt from further review in accordance with the California Environmental Quality Act as Categorical Exemption/Environmental Review No. 202505 will be filed for the project] Table 1: Mills Act Agreement Approved by the Historic Resources Commission (HRC) Property Owner(s) Historic Property Preservation Agreement No.Address/House Vote by HRC Kevin T. Nguyen 202501 2301 N. Westwood Avenue 6:0:0:1 (Commissioner Padilla absent) 16.Agreement with Kim Turner, LLC for Recruitment, Training, and Staffing Consulting Services (Specification No 25009) (NonGeneral Fund) Department(s): Police Department Recommended Action: Authorize the City Manager to execute a oneyear agreement with Kim Turner, LLC, to provide recruitment, training, and staffing consulting services for the period of May 20, 2025 through May 19, 2026, with provisions for two, oneyear extensions, in an amount not to exceed $197,500 (Agreement A2025XXX). 17.Purchase Order to Tolar Manufacturing Company for Bus Shelters and Related Amenities (Specification No. 25063) (General Fund) Department(s): Public Works Agency Recommended Action: Authorize a Purchase Order to Tolar Manufacturing Company for bus shelters and related amenities, in a total amount not to exceed $250,000. 18.Agreement with HDR Engineering, Inc. to Conduct the First Street Multimodal Boulevard Study (NonGeneral Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with HDR Engineering Inc. to provide traffic engineering and transportation planning services for the First Street Multimodal Boulevard Study in the amount of $3,870,000, for a term beginning May 21, 2025 and ending on May 20, 2027, with the option for two, oneyear extensions (Agreement No. A2025XXX). 19.Agreement with Robert D. Niehaus, Inc. for LongTerm Financial Planning and Water and Sewer Cost of Service Study (Specification No. 25013) (NonGeneral Fund) Department(s): Public Works Agency Recommended Action: Approve an agreement with Robert D. Niehaus, Inc. to conduct longterm financial planning and a water and sewer cost of service study for an amount not to exceed $130,850, for a term beginning May 20, 2025 and expiring May 19, 2028, with a provision for two oneyear extensions (Agreement No. A2025 XXX). 20.Agreements with Butier Engineering, Inc., Z&K Consultants, Inc., Berg & Associates, Inc., Psomas, Willdan Engineering, and EEC Environmental for OnCall Construction Management and Inspection Services (No. 25011) (NonGeneral Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute agreements with Butier Engineering, Inc., Z&K Consultants, Inc., Berg & Associates, Inc., Psomas, Willdan Engineering, and EEC Environmental for oncall construction management services and inspection services, for a shared aggregate amount not to exceed $1,500,000, for a term beginning May 21, 2025 and expiring May 20, 2028, with provisions for two oneyear extensions (Core Agreement No. A2025XXX). 21.First Amendment to Interagency Agreement with the Orange County Water District and Moulton Niguel Water District Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute the first amendment to the agreement with Orange County Water District and Moulton Niguel Water District, to extend the term of the agreement to June 30, 2028, and to amend the scope of work to include a final design of the proposed infrastructure based on the preliminary design analysis (Agreement No. A2025XXX). 22.Second Amendment to the Waste Disposal Agreement with the County of Orange (NonGeneral Fund) Department(s): Public Works Agency Recommended Action: Approve a second amendment to the Waste Disposal Agreement with the County of Orange for an additional oneyear term ending June 30, 2026 for continued importation of waste to the County’s three landfills (Agreement No. A2025XXX). 23.Resolution Authorizing the City of Santa Ana to Donate Surplus Public Works Equipment to Sister City, Sahuayo de Morelos, Michoacán, Mexico Department(s): Public Works Agency Recommended Action: Adopt a resolution authorizing the City of Santa Ana to donate surplus Public Works equipment to Sister City Sahuayo de Morelos, Michoacán, Mexico. RESOLUTION NO. 2025XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING DONATION OF SURPLUS PUBLIC WORKS EQUIPMENT TO SISTER CITY SAHUAYO DE MORELOS 24.Second Reading of an Ordinance Adding Article XIV to Chapter 10 (Crimes and Miscellaneous Law Enforcement Provisions) of the Santa Ana Municipal Code Prohibiting the Sale or Distribution of Nitrous Oxide First reading conducted at the May 6, 2025 City Council meeting and approved by vote of 70. Legal notice published in the OC Reporter on May 9, 2025. Department(s): Police Department Recommended Action: Conduct a second reading and adopt an Ordinance adding Article XIV to Chapter 10 (Crimes and Miscellaneous Law Enforcement Provisions) of the Santa Ana Municipal Code prohibiting the sale or distribution of Nitrous Oxide: ORDINANCE NO. NS3079 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADDING ARTICLE XIV TO CHAPTER 10 OF THE SANTA ANA MUNICIPAL CODE (CRIMES AND MISCELLANEOUS LAW ENFORCEMENT PROVISIONS) PROHIBITING THE SALE OR DISTRIBUTION OF NITROUS OXIDE [Includes determination that the ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to CEQA and Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect change in the environment and is not a “project” as defined in Section 15378 of the CEQA Guidelines as well as pursuant to the “common sense” exemption set forth in CEQA Guidelines Section 15061(b)(3)] **END OF CONSENT CALENDAR** BUSINESS CALENDAR 25.Resolutions Supporting California Senate Bills 28 and 38 (Umberg), 569 (Blakespear), and 757 (Richardson) Department(s): City Manager’s Office Recommended Action: Adopt the following resolutions in support of state legislative efforts aligned with the City’s goals of enhancing the quality of life for residents through community safety, housing stability, and criminal justice reform: 1. RESOLUTION NO. 2025XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA IN SUPPORT OF CALIFORNIA SENATE BILLS 28 AND 38 BY SENATOR THOMAS J. UMBERG TO STRENGTHEN TREATMENT COURT STANDARDS AND REENTRY OPPORTUNITIES THROUGH THE SECOND CHANCE PROGRAM; and 2. RESOLUTION NO. 2025XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA SUPPORTING CALIFORNIA SENATE BILL 569 BY SENATOR CATHERINE BLAKESPEAR, THE HOMELESS ENCAMPMENT COLLABORATION ACT, TO STRENGTHEN LOCAL COLLABORATION WITH THE DEPARTMENT OF TRANSPORTATION; and 3. RESOLUTION NO. 2025XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA IN SUPPORT OF SENATE BILL 757 BY SENATOR STEVEN RICHARDSON, THE LOCAL GOVERNMENT – NUISANCE ABATEMENT, TO EXPAND AND STRENGTHEN LOCAL AUTHORITY AND CONTROL 26.Ordinance Adding Article XII Entitled Disclosure of Certain Enforcement Actions to Chapter 2 of the Sana Ana Municipal Code Requiring Disclosure of Federal Election Commission and California Fair Political Practices Commission Enforcement Actions Department(s): City Manager’s Office Recommended Action: Conduct a first reading and adopt an ordinance adding Article XII entitled Disclosure of Certain Enforcement Actions to Chapter 2 of the Santa Ana Municipal Code requiring disclosure of Federal Election Commission and California Fair Political Practices Commission enforcement actions: ORDINANCE NO. NSXXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADDING ARTICLE XII ENTITLED DISCLOSURE OF CERTAIN ENFORCEMENT ACTIONS TO CHAPTER 2 OF THE SANTA ANA MUNICIPAL CODE REQUIRING DISCLOSURE OF FEDERAL ELECTION COMMISSION AND CALIFORNIA FAIR POLITICAL PRACTICES COMMISSION ENFORCEMENT ACTIONS FOR CERTAIN LICENSES, PERMITS OR OTHER ENTITLEMENTS FOR USE **END OF BUSINESS CALENDAR** COUNCILMEMBER REQUESTED ITEMS 27.Discuss and Consider Providing Direction to the City Manager to Develop and Implement a Policy Requiring Immediate Disclosure of All ICE Courtesy Notifications Received by the Santa Ana Police Department – Councilmember Hernandez and Mayor Pro Tem Vazquez WORK STUDY SESSION 28.Fiscal Year 202526 Budget Work Study Session Department(s): Finance and Management Services Recommended Action: Discuss and provide further direction to staff. 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. FY2025/26 Budget Adoption 2. Tourism and Marketing District Renewal POSTING STATEMENT: On May 13, 2025, a true and correct copy of this agenda was posted at the entrance to City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. Internet Access to City Council, Agency, and Authority agendas and related material is available prior to meetings at santaana.org/agendasandminutes. City Council 8 5/20/2025 City Council Meeting PacketMay 20, 2025CLOSED SESSION MEETING – 4:00 PMREGULAR OPEN MEETING – 5:30 PM (Immediately following the Closed Session Meeting)CITY COUNCIL CHAMBER22 Civic Center Plaza Santa Ana, CA 92701Valerie AmezcuaMayorThai Viet PhanCouncilmember – Ward 1 Benjamin VazquezMayor Pro Tem Ward 2Jessie LopezCouncilmember Ward 3 Phil BacerraCouncilmember Ward 4Johnathan Ryan HernandezCouncilmember Ward 5 David PenalozaCouncilmember Ward 6Mayor and Council telephone: 7146476900Agenda item inquiries: 7146476520Sonia R. CarvalhoCity Attorney Alvaro NuñezCity Manager Jennifer L. HallCity ClerkIn 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 enablethe City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supportingdocumentation can be found on the City’s website – www.santaana.org/agendasandminutes.CITY VISION AND CODE OF ETHICSThe City of Santa Ana is committed to achieving a shared vision for the organization and itscommunity. The Vision, Mission and Guiding Principles (Values) are the result of a thoughtfuland inclusive process designed to set the City and organization on a course that meets thechallenges of today and tomorrow, as follows:Vision The dynamic center of Orange County which is acclaimed for our: Investment inyouth • Safe and healthy community • Neighborhood pride • Thriving economic climate •Enriched and diverse culture • Quality government servicesMission To deliver efficient public services in partnership with our community which ensurespublic safety, a prosperous economic environment, opportunities for our youth, and a highquality of life for residents.Guiding Principles Collaboration • Efficiency • Equity • Excellence • Fiscal Responsibility •Innovation • TransparencyCode 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 andConduct for elected officials and members of appointed boards, commissions, andcommittees to assure public confidence. The following are the core values expressed: •Integrity • Honesty • Responsibility • Fairness • Accountability • Respect • EfficiencyMembers of the public may attend the City Council meeting inperson or join via Zoom. As acourtesy to the public, the City Council meeting will occur live via teleconference Zoomwebinar. You may view the meeting from your computer, tablet, or smart phone via YouTubeLiveStream at https://www.youtube.com/cityofsantaanavideos/or on CTV3, available onSpectrum channel 3.PUBLIC COMMENTS – Members of the public who wish to address the City Council onclosed session items, items on the regular agenda, or on matters which are not on theagenda but are within the subject matter jurisdiction of the City Council, may do so by one ofthe 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 writtencommunications received via mail two (2) hours before the scheduled start of themeeting will be distributed to the City Council and imaged into the City’s documentarchive system which is available for public review.SENDING EMAIL OPTION – Public comments may be sent via email to the CityClerk’s office at eComment@santaana.org. Please note the agenda item you arecommenting on in the subject line of the email. All emails received two (2) hours beforethe scheduled start of the meeting will be distributed to the City Council and imagedinto the City’s document archive system which is available for public review.LIVE VIRTUAL OPTION – As a courtesy, members of the public may provide livecomments during the meeting by Zoom or Conference Call. To join by Zoom click on ortype the following address into your web browserhttps://us02web.zoom.us/j/315965149. To join the Conference Call: Dial (669) 9009128 and enter MEETING ID: 315 965 149#. You will be prompted by the City Clerkwhen it is time for a: i) closed session item, ii) agenda/general comments, iii) publichearing item, iv) special agenda item, or v) for Housing Authority item. You may requestto speak by dialing *9 from your phone or you may virtually raise your hand from Zoom.After the Clerk confirms the last three digits of the caller’s phone number or Zoom IDand unmutes them, the caller must press *6 or microphone icon to speak. Callers areencouraged, but not required, to identify themselves by name. Each caller will beprovided three (3) minutes to speak, unless due to the number of speakers wanting tospeak a decision is made to provide a different amount of time to speak.INPERSON OPTION Members of the public can provide inperson comments at thepodium in the Council Chamber. The Council Chamber will have seating available formembers of the public to attend the meeting inperson. Public comments are limited tothree (3) minutes per speaker, unless a different time is announced by the presidingchair. 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 beaccepted after the Public Comment Session begins without the permission of thepresiding chair.The following designated public comment periods are:1. LIVE PUBLIC COMMENTS ON CLOSED SESSION ITEMS – You can provide livecomments on closed session items by joining Zoom or the Conference Call as described inthe LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will openat 3:30 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL and raise your handBY 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. 2. LIVE PUBLIC COMMENTS ON REGULAR AGENDA ITEMS AND NONAGENDAITEMS (GENERAL PUBLIC COMMENT) – You can provide comments by joining Zoom orthe Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTSOPTION above. Speaker queue will open at 3:30 p.m. YOU MUST JOIN ZOOM OR THECONFERENCE CALL and raise your hand PRIOR TO 5:45 p.m. Speakers who are not inthe speaker queue with their hand raised by 5:45 p.m. will not be permitted to speak.3. LIVE PUBLIC COMMENTS ON PUBLIC HEARING ITEMS – You can providecomments by joining Zoom or the Conference Call as described in the LIVE or INPERSONPUBLIC COMMENTS OPTION above. Speakers not in the queue by 5:45 p.m. will not bepermitted to speak. 4. LIVE PUBLIC COMMENTS ON HOUSING AUTHORITY ITEMS – You can providecomments by joining Zoom or the Conference Call as described in the LIVE or INPERSONPUBLIC COMMENTS OPTION above. Speakers not in the queue by 5:45 p.m. will not bepermitted to speak. TRANSLATION SERVICES Spanish interpreting services are provided at CityCouncil meetings. Simultaneous Spanish interpretation is provided through the useof headsets and consecutive interpretation (SpanishtoEnglish) in addition to thosewishing 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 yla interpretación consecutiva (español a inglés) también está disponible paracualquiera que desee dirigirse al consejo municipal en el podio.About the AgendaTo download or view the attachments (staff report and other supporting documentation) foreach agenda item, you must select the agenda item to see the attachments to either open ina new link (the eyeball ) or download a pdf (the cloud symbol with the down arrow ).CLOSED SESSIONCALL TO ORDERATTENDANCE Council Members Phil BacerraJohnathan Ryan HernandezJessie LopezDavid PenalozaThai Viet PhanMayor Pro Tem Benjamin VazquezMayorValerie AmezcuaCity Manager Alvaro NuñezCity Attorney Sonia R. CarvalhoCity Clerk Jennifer L. HallROLL CALLADDITIONS\DELETIONS TO CLOSED SESSIONPUBLIC COMMENTS – Members of the public may address the City Council on ClosedSession items.RECESS – City Council will recess to Closed Session for the purpose of conducting regularCity business.CLOSED SESSION ITEMS – The Brown Act permits legislative bodies to discuss certainmatters without members of the public present. The City Council finds, based on advice fromthe City Attorney, that discussion in open session of the following matters will prejudice theposition of the City in existing and anticipated litigation:1.CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION pursuant toParagraph (1) of subdivision (d) of Section 54956.9 of the Government Code:A. Anchor Stone Christian Church v. City of Santa Ana, et al., United States DistrictCourt Case No. 8:25cv00215JWHDFM2.CONFERENCE WITH LEGAL COUNSEL – POTENTIAL INITIATION OF LITIGATIONpursuant to paragraph (4) of subdivision (d) of Government Code Section 54956.9:Three (3) cases – Drug Den Abatement Actions1502 E. 1st Street, Santa Ana (“El Tapatio”)1504 E. 1st Street, Santa Ana (“Royal Roman”)1519 E. 1st Street, Santa Ana (“Royal Grand”)3.PUBLIC EMPLOYEE EMPLOYMENT/APPOINTMENT pursuant to Section 54957(b)(1) of the Government Code:Title: Police Oversight Commission Independent Oversight DirectorRECONVENE – City Council will reconvene to continue regular City business.CITY COUNCIL REGULAR OPEN SESSIONCALL TO ORDERATTENDANCE Council Members Phil BacerraJohnathan Ryan HernandezJessie LopezDavid PenalozaThai Viet PhanMayor Pro Tem Benjamin VazquezMayorValerie AmezcuaCity Manager Alvaro NuñezCity Attorney Sonia R. CarvalhoCity Clerk Jennifer L. HallROLL CALLPLEDGE OF ALLEGIANCE Mayor AmezcuaWORDS OF INSPIRATION Pastor Johnny DunningADDITIONS\DELETIONS TO THE AGENDACEREMONIAL PRESENTATIONS1.Certificates of Recognition presented by Mayor Amezcua recognizing Santa Ana’sAnnual Youth Poster Contest Winners2.Proclamation presented by Mayor Pro Tem Vazquez to Santa Ana Active Streetsdeclaring May 2025 as National Bike Month3.Proclamation presented by Councilmember Bacerra and Councilmember Phandeclaring May 2025 as Asian American & Pacific Islander Heritage Month4.Proclamation presented by Councilmember Lopez to First 5 Orange County declaringMay 2025 as Early Childhood Month5.Certificates of Recognition presented by Councilmember Penaloza recognizing PioPico’s Inaugural Intermediate Sports Team for Exceptional SportsmanshipCLOSED SESSION REPORT – The City Attorney will report on any action(s) from ClosedSession.PUBLIC COMMENTS – Public comments will be held during the beginning of the meetingfor ALL comments on agenda and nonagenda items.CONSENT CALENDARRECOMMENDED ACTION: Approve staff recommendations on the followingConsent Calendar Items: 6 through 24 and waive reading of all resolutionsand ordinances. 6.Excused AbsencesDepartment(s): City Clerk’s OfficeRecommended Action: Excuse the absent members.7.Minutes from the Regular Meeting of May 6, 2025Department(s): City Clerk’s OfficeRecommended Action: Approve minutes.8.Regional and Unified Local Workforce Plans for Program Years (PY) 20252028 asRequired Under the Federal Title I Workforce Innovation and Opportunity ActDepartment(s): Community Development AgencyRecommended Action: Approve the Regional and Unified Local Workforce Plans forPY 20252028 and authorize the submission to the State as required by the federalWorkforce Innovation and Opportunity Act Title I grant.9.Local Area Subsequent Designation and Local Board Recertification Program Year(PY) 20252027Department(s): Community Development AgencyRecommended Action: Authorize the submission of the application for SubsequentLocal Area Designation and Local Board Recertification for PY 20252027.10.Quarterly Report of Investments as of March 31, 2025Department(s): Finance and Management ServicesRecommended Action: Receive and file.11.Quarterly Report of Contracts up to $50,000 for NonPublic Works and up to $500,000for Public Works Authorized by the City Manager as Permitted by Charter Section 421Department(s): Finance and Management ServicesRecommended Action: Receive and file Quarterly Report of Contracts entered intobetween January 1, 2025 to March 31, 2025.12.Contract to Cherry Bekaert Advisory LLC for Governmental Accounting StandardsBoard (GASB) Consulting Services (General Fund)Department(s): Finance and Management ServicesRecommended Action: Authorize the City Manager to execute an agreement withCherry Bekaert Advisory LLC to provide Consulting Services to implement newGASB standards for a total amount not to exceed $156,000 for a twoyear periodbeginning with the fiscal year ending June 30, 2025 through June 30, 2026, with aprovision for three, oneyear extensions for the fiscal years ending June 30, 2027,June 30, 2028, and June 30, 2029. (Agreement No. A2025XXX).13.Agreement with ProudCity for the Licensing of a Website Content ManagementSystem (CMS) and ServicesDepartment(s): Information TechnologyRecommended Action: Authorize the City Manager to execute an agreement withProudCity, Inc. for website content management system (CMS) software subscriptionsand professional services, for a threeyear term beginning July 1, 2025 and endingJune 30, 2028, for an annual amount not to exceed $103,827, for a total aggregateamount not to exceed $311,481 over the life of the agreement (Agreement No. A2025XXX).14.Agreement with StandUp for Kids to provide Rapid ReHousing Services Paired WithServices Coordination for Homeless Youth from the Age of Eighteen to TwentyFour(NonGeneral Fund)Department(s): Community Development AgencyRecommended Action: Approve an agreement with Standup for Kids OrangeCounty, in an amount not to exceed $375,000, for Rapid ReHousing and ServicesCoordination for a twoyear period, beginning May 20, 2025, and ending May 19,2027, with the option for the City to grant a oneyear renewal in writing by the CityManager and the City Attorney (Agreement No. A2025XXX).15.Historic Property Preservation Agreement for the Property Located at 2301 N. Westwood Avenue Department(s): Planning and Building Agency Recommended Action: Authorize the City Manager to execute the attached Mills Act agreement with the belowreferenced property owner for the identified structure(s) (Agreement No. A2025XXX). [Includes determination that the proposed project is exempt from further review in accordance with the California Environmental Quality Act as Categorical Exemption/Environmental Review No. 202505 will be filed for the project] Table 1: Mills Act Agreement Approved by the Historic Resources Commission (HRC) Property Owner(s) Historic Property Preservation Agreement No.Address/House Vote by HRC Kevin T. Nguyen 202501 2301 N. Westwood Avenue 6:0:0:1 (Commissioner Padilla absent) 16.Agreement with Kim Turner, LLC for Recruitment, Training, and Staffing Consulting Services (Specification No 25009) (NonGeneral Fund) Department(s): Police Department Recommended Action: Authorize the City Manager to execute a oneyear agreement with Kim Turner, LLC, to provide recruitment, training, and staffing consulting services for the period of May 20, 2025 through May 19, 2026, with provisions for two, oneyear extensions, in an amount not to exceed $197,500 (Agreement A2025XXX). 17.Purchase Order to Tolar Manufacturing Company for Bus Shelters and Related Amenities (Specification No. 25063) (General Fund) Department(s): Public Works Agency Recommended Action: Authorize a Purchase Order to Tolar Manufacturing Company for bus shelters and related amenities, in a total amount not to exceed $250,000. 18.Agreement with HDR Engineering, Inc. to Conduct the First Street Multimodal Boulevard Study (NonGeneral Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with HDR Engineering Inc. to provide traffic engineering and transportation planning services for the First Street Multimodal Boulevard Study in the amount of $3,870,000, for a term beginning May 21, 2025 and ending on May 20, 2027, with the option for two, oneyear extensions (Agreement No. A2025XXX). 19.Agreement with Robert D. Niehaus, Inc. for LongTerm Financial Planning and Water and Sewer Cost of Service Study (Specification No. 25013) (NonGeneral Fund) Department(s): Public Works Agency Recommended Action: Approve an agreement with Robert D. Niehaus, Inc. to conduct longterm financial planning and a water and sewer cost of service study for an amount not to exceed $130,850, for a term beginning May 20, 2025 and expiring May 19, 2028, with a provision for two oneyear extensions (Agreement No. A2025 XXX). 20.Agreements with Butier Engineering, Inc., Z&K Consultants, Inc., Berg & Associates, Inc., Psomas, Willdan Engineering, and EEC Environmental for OnCall Construction Management and Inspection Services (No. 25011) (NonGeneral Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute agreements with Butier Engineering, Inc., Z&K Consultants, Inc., Berg & Associates, Inc., Psomas, Willdan Engineering, and EEC Environmental for oncall construction management services and inspection services, for a shared aggregate amount not to exceed $1,500,000, for a term beginning May 21, 2025 and expiring May 20, 2028, with provisions for two oneyear extensions (Core Agreement No. A2025XXX). 21.First Amendment to Interagency Agreement with the Orange County Water District and Moulton Niguel Water District Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute the first amendment to the agreement with Orange County Water District and Moulton Niguel Water District, to extend the term of the agreement to June 30, 2028, and to amend the scope of work to include a final design of the proposed infrastructure based on the preliminary design analysis (Agreement No. A2025XXX). 22.Second Amendment to the Waste Disposal Agreement with the County of Orange (NonGeneral Fund) Department(s): Public Works Agency Recommended Action: Approve a second amendment to the Waste Disposal Agreement with the County of Orange for an additional oneyear term ending June 30, 2026 for continued importation of waste to the County’s three landfills (Agreement No. A2025XXX). 23.Resolution Authorizing the City of Santa Ana to Donate Surplus Public Works Equipment to Sister City, Sahuayo de Morelos, Michoacán, Mexico Department(s): Public Works Agency Recommended Action: Adopt a resolution authorizing the City of Santa Ana to donate surplus Public Works equipment to Sister City Sahuayo de Morelos, Michoacán, Mexico. RESOLUTION NO. 2025XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING DONATION OF SURPLUS PUBLIC WORKS EQUIPMENT TO SISTER CITY SAHUAYO DE MORELOS 24.Second Reading of an Ordinance Adding Article XIV to Chapter 10 (Crimes and Miscellaneous Law Enforcement Provisions) of the Santa Ana Municipal Code Prohibiting the Sale or Distribution of Nitrous Oxide First reading conducted at the May 6, 2025 City Council meeting and approved by vote of 70. Legal notice published in the OC Reporter on May 9, 2025. Department(s): Police Department Recommended Action: Conduct a second reading and adopt an Ordinance adding Article XIV to Chapter 10 (Crimes and Miscellaneous Law Enforcement Provisions) of the Santa Ana Municipal Code prohibiting the sale or distribution of Nitrous Oxide: ORDINANCE NO. NS3079 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADDING ARTICLE XIV TO CHAPTER 10 OF THE SANTA ANA MUNICIPAL CODE (CRIMES AND MISCELLANEOUS LAW ENFORCEMENT PROVISIONS) PROHIBITING THE SALE OR DISTRIBUTION OF NITROUS OXIDE [Includes determination that the ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to CEQA and Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect change in the environment and is not a “project” as defined in Section 15378 of the CEQA Guidelines as well as pursuant to the “common sense” exemption set forth in CEQA Guidelines Section 15061(b)(3)] **END OF CONSENT CALENDAR** BUSINESS CALENDAR 25.Resolutions Supporting California Senate Bills 28 and 38 (Umberg), 569 (Blakespear), and 757 (Richardson) Department(s): City Manager’s Office Recommended Action: Adopt the following resolutions in support of state legislative efforts aligned with the City’s goals of enhancing the quality of life for residents through community safety, housing stability, and criminal justice reform: 1. RESOLUTION NO. 2025XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA IN SUPPORT OF CALIFORNIA SENATE BILLS 28 AND 38 BY SENATOR THOMAS J. UMBERG TO STRENGTHEN TREATMENT COURT STANDARDS AND REENTRY OPPORTUNITIES THROUGH THE SECOND CHANCE PROGRAM; and 2. RESOLUTION NO. 2025XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA SUPPORTING CALIFORNIA SENATE BILL 569 BY SENATOR CATHERINE BLAKESPEAR, THE HOMELESS ENCAMPMENT COLLABORATION ACT, TO STRENGTHEN LOCAL COLLABORATION WITH THE DEPARTMENT OF TRANSPORTATION; and 3. RESOLUTION NO. 2025XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA IN SUPPORT OF SENATE BILL 757 BY SENATOR STEVEN RICHARDSON, THE LOCAL GOVERNMENT – NUISANCE ABATEMENT, TO EXPAND AND STRENGTHEN LOCAL AUTHORITY AND CONTROL 26.Ordinance Adding Article XII Entitled Disclosure of Certain Enforcement Actions to Chapter 2 of the Sana Ana Municipal Code Requiring Disclosure of Federal Election Commission and California Fair Political Practices Commission Enforcement Actions Department(s): City Manager’s Office Recommended Action: Conduct a first reading and adopt an ordinance adding Article XII entitled Disclosure of Certain Enforcement Actions to Chapter 2 of the Santa Ana Municipal Code requiring disclosure of Federal Election Commission and California Fair Political Practices Commission enforcement actions: ORDINANCE NO. NSXXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADDING ARTICLE XII ENTITLED DISCLOSURE OF CERTAIN ENFORCEMENT ACTIONS TO CHAPTER 2 OF THE SANTA ANA MUNICIPAL CODE REQUIRING DISCLOSURE OF FEDERAL ELECTION COMMISSION AND CALIFORNIA FAIR POLITICAL PRACTICES COMMISSION ENFORCEMENT ACTIONS FOR CERTAIN LICENSES, PERMITS OR OTHER ENTITLEMENTS FOR USE **END OF BUSINESS CALENDAR** COUNCILMEMBER REQUESTED ITEMS 27.Discuss and Consider Providing Direction to the City Manager to Develop and Implement a Policy Requiring Immediate Disclosure of All ICE Courtesy Notifications Received by the Santa Ana Police Department – Councilmember Hernandez and Mayor Pro Tem Vazquez WORK STUDY SESSION 28.Fiscal Year 202526 Budget Work Study Session Department(s): Finance and Management Services Recommended Action: Discuss and provide further direction to staff. 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. FY2025/26 Budget Adoption 2. Tourism and Marketing District Renewal POSTING STATEMENT: On May 13, 2025, a true and correct copy of this agenda was posted at the entrance to City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. Internet Access to City Council, Agency, and Authority agendas and related material is available prior to meetings at santaana.org/agendasandminutes. City Council 9 5/20/2025 City Council Meeting PacketMay 20, 2025CLOSED SESSION MEETING – 4:00 PMREGULAR OPEN MEETING – 5:30 PM (Immediately following the Closed Session Meeting)CITY COUNCIL CHAMBER22 Civic Center Plaza Santa Ana, CA 92701Valerie AmezcuaMayorThai Viet PhanCouncilmember – Ward 1 Benjamin VazquezMayor Pro Tem Ward 2Jessie LopezCouncilmember Ward 3 Phil BacerraCouncilmember Ward 4Johnathan Ryan HernandezCouncilmember Ward 5 David PenalozaCouncilmember Ward 6Mayor and Council telephone: 7146476900Agenda item inquiries: 7146476520Sonia R. CarvalhoCity Attorney Alvaro NuñezCity Manager Jennifer L. HallCity ClerkIn 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 enablethe City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supportingdocumentation can be found on the City’s website – www.santaana.org/agendasandminutes.CITY VISION AND CODE OF ETHICSThe City of Santa Ana is committed to achieving a shared vision for the organization and itscommunity. The Vision, Mission and Guiding Principles (Values) are the result of a thoughtfuland inclusive process designed to set the City and organization on a course that meets thechallenges of today and tomorrow, as follows:Vision The dynamic center of Orange County which is acclaimed for our: Investment inyouth • Safe and healthy community • Neighborhood pride • Thriving economic climate •Enriched and diverse culture • Quality government servicesMission To deliver efficient public services in partnership with our community which ensurespublic safety, a prosperous economic environment, opportunities for our youth, and a highquality of life for residents.Guiding Principles Collaboration • Efficiency • Equity • Excellence • Fiscal Responsibility •Innovation • TransparencyCode 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 andConduct for elected officials and members of appointed boards, commissions, andcommittees to assure public confidence. The following are the core values expressed: •Integrity • Honesty • Responsibility • Fairness • Accountability • Respect • EfficiencyMembers of the public may attend the City Council meeting inperson or join via Zoom. As acourtesy to the public, the City Council meeting will occur live via teleconference Zoomwebinar. You may view the meeting from your computer, tablet, or smart phone via YouTubeLiveStream at https://www.youtube.com/cityofsantaanavideos/or on CTV3, available onSpectrum channel 3.PUBLIC COMMENTS – Members of the public who wish to address the City Council onclosed session items, items on the regular agenda, or on matters which are not on theagenda but are within the subject matter jurisdiction of the City Council, may do so by one ofthe 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 writtencommunications received via mail two (2) hours before the scheduled start of themeeting will be distributed to the City Council and imaged into the City’s documentarchive system which is available for public review.SENDING EMAIL OPTION – Public comments may be sent via email to the CityClerk’s office at eComment@santaana.org. Please note the agenda item you arecommenting on in the subject line of the email. All emails received two (2) hours beforethe scheduled start of the meeting will be distributed to the City Council and imagedinto the City’s document archive system which is available for public review.LIVE VIRTUAL OPTION – As a courtesy, members of the public may provide livecomments during the meeting by Zoom or Conference Call. To join by Zoom click on ortype the following address into your web browserhttps://us02web.zoom.us/j/315965149. To join the Conference Call: Dial (669) 9009128 and enter MEETING ID: 315 965 149#. You will be prompted by the City Clerkwhen it is time for a: i) closed session item, ii) agenda/general comments, iii) publichearing item, iv) special agenda item, or v) for Housing Authority item. You may requestto speak by dialing *9 from your phone or you may virtually raise your hand from Zoom.After the Clerk confirms the last three digits of the caller’s phone number or Zoom IDand unmutes them, the caller must press *6 or microphone icon to speak. Callers areencouraged, but not required, to identify themselves by name. Each caller will beprovided three (3) minutes to speak, unless due to the number of speakers wanting tospeak a decision is made to provide a different amount of time to speak.INPERSON OPTION Members of the public can provide inperson comments at thepodium in the Council Chamber. The Council Chamber will have seating available formembers of the public to attend the meeting inperson. Public comments are limited tothree (3) minutes per speaker, unless a different time is announced by the presidingchair. 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 beaccepted after the Public Comment Session begins without the permission of thepresiding chair.The following designated public comment periods are:1. LIVE PUBLIC COMMENTS ON CLOSED SESSION ITEMS – You can provide livecomments on closed session items by joining Zoom or the Conference Call as described inthe LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will openat 3:30 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL and raise your handBY 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. 2. LIVE PUBLIC COMMENTS ON REGULAR AGENDA ITEMS AND NONAGENDAITEMS (GENERAL PUBLIC COMMENT) – You can provide comments by joining Zoom orthe Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTSOPTION above. Speaker queue will open at 3:30 p.m. YOU MUST JOIN ZOOM OR THECONFERENCE CALL and raise your hand PRIOR TO 5:45 p.m. Speakers who are not inthe speaker queue with their hand raised by 5:45 p.m. will not be permitted to speak.3. LIVE PUBLIC COMMENTS ON PUBLIC HEARING ITEMS – You can providecomments by joining Zoom or the Conference Call as described in the LIVE or INPERSONPUBLIC COMMENTS OPTION above. Speakers not in the queue by 5:45 p.m. will not bepermitted to speak. 4. LIVE PUBLIC COMMENTS ON HOUSING AUTHORITY ITEMS – You can providecomments by joining Zoom or the Conference Call as described in the LIVE or INPERSONPUBLIC COMMENTS OPTION above. Speakers not in the queue by 5:45 p.m. will not bepermitted to speak. TRANSLATION SERVICES Spanish interpreting services are provided at CityCouncil meetings. Simultaneous Spanish interpretation is provided through the useof headsets and consecutive interpretation (SpanishtoEnglish) in addition to thosewishing 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 yla interpretación consecutiva (español a inglés) también está disponible paracualquiera que desee dirigirse al consejo municipal en el podio.About the AgendaTo download or view the attachments (staff report and other supporting documentation) foreach agenda item, you must select the agenda item to see the attachments to either open ina new link (the eyeball ) or download a pdf (the cloud symbol with the down arrow ).CLOSED SESSIONCALL TO ORDERATTENDANCE Council Members Phil BacerraJohnathan Ryan HernandezJessie LopezDavid PenalozaThai Viet PhanMayor Pro Tem Benjamin VazquezMayorValerie AmezcuaCity Manager Alvaro NuñezCity Attorney Sonia R. CarvalhoCity Clerk Jennifer L. HallROLL CALLADDITIONS\DELETIONS TO CLOSED SESSIONPUBLIC COMMENTS – Members of the public may address the City Council on ClosedSession items.RECESS – City Council will recess to Closed Session for the purpose of conducting regularCity business.CLOSED SESSION ITEMS – The Brown Act permits legislative bodies to discuss certainmatters without members of the public present. The City Council finds, based on advice fromthe City Attorney, that discussion in open session of the following matters will prejudice theposition of the City in existing and anticipated litigation:1.CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION pursuant toParagraph (1) of subdivision (d) of Section 54956.9 of the Government Code:A. Anchor Stone Christian Church v. City of Santa Ana, et al., United States DistrictCourt Case No. 8:25cv00215JWHDFM2.CONFERENCE WITH LEGAL COUNSEL – POTENTIAL INITIATION OF LITIGATIONpursuant to paragraph (4) of subdivision (d) of Government Code Section 54956.9:Three (3) cases – Drug Den Abatement Actions1502 E. 1st Street, Santa Ana (“El Tapatio”)1504 E. 1st Street, Santa Ana (“Royal Roman”)1519 E. 1st Street, Santa Ana (“Royal Grand”)3.PUBLIC EMPLOYEE EMPLOYMENT/APPOINTMENT pursuant to Section 54957(b)(1) of the Government Code:Title: Police Oversight Commission Independent Oversight DirectorRECONVENE – City Council will reconvene to continue regular City business.CITY COUNCIL REGULAR OPEN SESSIONCALL TO ORDERATTENDANCE Council Members Phil BacerraJohnathan Ryan HernandezJessie LopezDavid PenalozaThai Viet PhanMayor Pro Tem Benjamin VazquezMayorValerie AmezcuaCity Manager Alvaro NuñezCity Attorney Sonia R. CarvalhoCity Clerk Jennifer L. HallROLL CALLPLEDGE OF ALLEGIANCE Mayor AmezcuaWORDS OF INSPIRATION Pastor Johnny DunningADDITIONS\DELETIONS TO THE AGENDACEREMONIAL PRESENTATIONS1.Certificates of Recognition presented by Mayor Amezcua recognizing Santa Ana’sAnnual Youth Poster Contest Winners2.Proclamation presented by Mayor Pro Tem Vazquez to Santa Ana Active Streetsdeclaring May 2025 as National Bike Month3.Proclamation presented by Councilmember Bacerra and Councilmember Phandeclaring May 2025 as Asian American & Pacific Islander Heritage Month4.Proclamation presented by Councilmember Lopez to First 5 Orange County declaringMay 2025 as Early Childhood Month5.Certificates of Recognition presented by Councilmember Penaloza recognizing PioPico’s Inaugural Intermediate Sports Team for Exceptional SportsmanshipCLOSED SESSION REPORT – The City Attorney will report on any action(s) from ClosedSession.PUBLIC COMMENTS – Public comments will be held during the beginning of the meetingfor ALL comments on agenda and nonagenda items.CONSENT CALENDARRECOMMENDED ACTION: Approve staff recommendations on the followingConsent Calendar Items: 6 through 24 and waive reading of all resolutionsand ordinances. 6.Excused AbsencesDepartment(s): City Clerk’s OfficeRecommended Action: Excuse the absent members.7.Minutes from the Regular Meeting of May 6, 2025Department(s): City Clerk’s OfficeRecommended Action: Approve minutes.8.Regional and Unified Local Workforce Plans for Program Years (PY) 20252028 asRequired Under the Federal Title I Workforce Innovation and Opportunity ActDepartment(s): Community Development AgencyRecommended Action: Approve the Regional and Unified Local Workforce Plans forPY 20252028 and authorize the submission to the State as required by the federalWorkforce Innovation and Opportunity Act Title I grant.9.Local Area Subsequent Designation and Local Board Recertification Program Year(PY) 20252027Department(s): Community Development AgencyRecommended Action: Authorize the submission of the application for SubsequentLocal Area Designation and Local Board Recertification for PY 20252027.10.Quarterly Report of Investments as of March 31, 2025Department(s): Finance and Management ServicesRecommended Action: Receive and file.11.Quarterly Report of Contracts up to $50,000 for NonPublic Works and up to $500,000for Public Works Authorized by the City Manager as Permitted by Charter Section 421Department(s): Finance and Management ServicesRecommended Action: Receive and file Quarterly Report of Contracts entered intobetween January 1, 2025 to March 31, 2025.12.Contract to Cherry Bekaert Advisory LLC for Governmental Accounting StandardsBoard (GASB) Consulting Services (General Fund)Department(s): Finance and Management ServicesRecommended Action: Authorize the City Manager to execute an agreement withCherry Bekaert Advisory LLC to provide Consulting Services to implement newGASB standards for a total amount not to exceed $156,000 for a twoyear periodbeginning with the fiscal year ending June 30, 2025 through June 30, 2026, with aprovision for three, oneyear extensions for the fiscal years ending June 30, 2027,June 30, 2028, and June 30, 2029. (Agreement No. A2025XXX).13.Agreement with ProudCity for the Licensing of a Website Content ManagementSystem (CMS) and ServicesDepartment(s): Information TechnologyRecommended Action: Authorize the City Manager to execute an agreement withProudCity, Inc. for website content management system (CMS) software subscriptionsand professional services, for a threeyear term beginning July 1, 2025 and endingJune 30, 2028, for an annual amount not to exceed $103,827, for a total aggregateamount not to exceed $311,481 over the life of the agreement (Agreement No. A2025XXX).14.Agreement with StandUp for Kids to provide Rapid ReHousing Services Paired WithServices Coordination for Homeless Youth from the Age of Eighteen to TwentyFour(NonGeneral Fund)Department(s): Community Development AgencyRecommended Action: Approve an agreement with Standup for Kids OrangeCounty, in an amount not to exceed $375,000, for Rapid ReHousing and ServicesCoordination for a twoyear period, beginning May 20, 2025, and ending May 19,2027, with the option for the City to grant a oneyear renewal in writing by the CityManager and the City Attorney (Agreement No. A2025XXX).15.Historic Property Preservation Agreement for the Property Located at 2301 N.Westwood AvenueDepartment(s): Planning and Building AgencyRecommended Action: Authorize the City Manager to execute the attached MillsAct agreement with the belowreferenced property owner for the identified structure(s)(Agreement No. A2025XXX). [Includes determination that the proposed project isexempt from further review in accordance with the California Environmental QualityAct as Categorical Exemption/Environmental Review No. 202505 will be filed for theproject]Table 1: Mills Act Agreement Approved by the Historic Resources Commission(HRC)PropertyOwner(s)Historic PropertyPreservation Agreement No.Address/House Vote by HRCKevin T.Nguyen 202501 2301 N.WestwoodAvenue 6:0:0:1 (CommissionerPadilla absent)16.Agreement with Kim Turner, LLC for Recruitment, Training, and Staffing ConsultingServices (Specification No 25009) (NonGeneral Fund)Department(s): Police DepartmentRecommended Action: Authorize the City Manager to execute a oneyearagreement with Kim Turner, LLC, to provide recruitment, training, and staffingconsulting services for the period of May 20, 2025 through May 19, 2026, withprovisions for two, oneyear extensions, in an amount not to exceed $197,500(Agreement A2025XXX).17.Purchase Order to Tolar Manufacturing Company for Bus Shelters and RelatedAmenities (Specification No. 25063) (General Fund)Department(s): Public Works AgencyRecommended Action: Authorize a Purchase Order to Tolar ManufacturingCompany for bus shelters and related amenities, in a total amount not to exceed$250,000.18.Agreement with HDR Engineering, Inc. to Conduct the First Street MultimodalBoulevard Study (NonGeneral Fund)Department(s): Public Works AgencyRecommended Action: Authorize the City Manager to execute an agreement withHDR Engineering Inc. to provide traffic engineering and transportation planning services for the First Street Multimodal Boulevard Study in the amount of $3,870,000, for a term beginning May 21, 2025 and ending on May 20, 2027, with the option for two, oneyear extensions (Agreement No. A2025XXX). 19.Agreement with Robert D. Niehaus, Inc. for LongTerm Financial Planning and Water and Sewer Cost of Service Study (Specification No. 25013) (NonGeneral Fund) Department(s): Public Works Agency Recommended Action: Approve an agreement with Robert D. Niehaus, Inc. to conduct longterm financial planning and a water and sewer cost of service study for an amount not to exceed $130,850, for a term beginning May 20, 2025 and expiring May 19, 2028, with a provision for two oneyear extensions (Agreement No. A2025 XXX). 20.Agreements with Butier Engineering, Inc., Z&K Consultants, Inc., Berg & Associates, Inc., Psomas, Willdan Engineering, and EEC Environmental for OnCall Construction Management and Inspection Services (No. 25011) (NonGeneral Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute agreements with Butier Engineering, Inc., Z&K Consultants, Inc., Berg & Associates, Inc., Psomas, Willdan Engineering, and EEC Environmental for oncall construction management services and inspection services, for a shared aggregate amount not to exceed $1,500,000, for a term beginning May 21, 2025 and expiring May 20, 2028, with provisions for two oneyear extensions (Core Agreement No. A2025XXX). 21.First Amendment to Interagency Agreement with the Orange County Water District and Moulton Niguel Water District Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute the first amendment to the agreement with Orange County Water District and Moulton Niguel Water District, to extend the term of the agreement to June 30, 2028, and to amend the scope of work to include a final design of the proposed infrastructure based on the preliminary design analysis (Agreement No. A2025XXX). 22.Second Amendment to the Waste Disposal Agreement with the County of Orange (NonGeneral Fund) Department(s): Public Works Agency Recommended Action: Approve a second amendment to the Waste Disposal Agreement with the County of Orange for an additional oneyear term ending June 30, 2026 for continued importation of waste to the County’s three landfills (Agreement No. A2025XXX). 23.Resolution Authorizing the City of Santa Ana to Donate Surplus Public Works Equipment to Sister City, Sahuayo de Morelos, Michoacán, Mexico Department(s): Public Works Agency Recommended Action: Adopt a resolution authorizing the City of Santa Ana to donate surplus Public Works equipment to Sister City Sahuayo de Morelos, Michoacán, Mexico. RESOLUTION NO. 2025XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING DONATION OF SURPLUS PUBLIC WORKS EQUIPMENT TO SISTER CITY SAHUAYO DE MORELOS 24.Second Reading of an Ordinance Adding Article XIV to Chapter 10 (Crimes and Miscellaneous Law Enforcement Provisions) of the Santa Ana Municipal Code Prohibiting the Sale or Distribution of Nitrous Oxide First reading conducted at the May 6, 2025 City Council meeting and approved by vote of 70. Legal notice published in the OC Reporter on May 9, 2025. Department(s): Police Department Recommended Action: Conduct a second reading and adopt an Ordinance adding Article XIV to Chapter 10 (Crimes and Miscellaneous Law Enforcement Provisions) of the Santa Ana Municipal Code prohibiting the sale or distribution of Nitrous Oxide: ORDINANCE NO. NS3079 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADDING ARTICLE XIV TO CHAPTER 10 OF THE SANTA ANA MUNICIPAL CODE (CRIMES AND MISCELLANEOUS LAW ENFORCEMENT PROVISIONS) PROHIBITING THE SALE OR DISTRIBUTION OF NITROUS OXIDE [Includes determination that the ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to CEQA and Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect change in the environment and is not a “project” as defined in Section 15378 of the CEQA Guidelines as well as pursuant to the “common sense” exemption set forth in CEQA Guidelines Section 15061(b)(3)] **END OF CONSENT CALENDAR** BUSINESS CALENDAR 25.Resolutions Supporting California Senate Bills 28 and 38 (Umberg), 569 (Blakespear), and 757 (Richardson) Department(s): City Manager’s Office Recommended Action: Adopt the following resolutions in support of state legislative efforts aligned with the City’s goals of enhancing the quality of life for residents through community safety, housing stability, and criminal justice reform: 1. RESOLUTION NO. 2025XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA IN SUPPORT OF CALIFORNIA SENATE BILLS 28 AND 38 BY SENATOR THOMAS J. UMBERG TO STRENGTHEN TREATMENT COURT STANDARDS AND REENTRY OPPORTUNITIES THROUGH THE SECOND CHANCE PROGRAM; and 2. RESOLUTION NO. 2025XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA SUPPORTING CALIFORNIA SENATE BILL 569 BY SENATOR CATHERINE BLAKESPEAR, THE HOMELESS ENCAMPMENT COLLABORATION ACT, TO STRENGTHEN LOCAL COLLABORATION WITH THE DEPARTMENT OF TRANSPORTATION; and 3. RESOLUTION NO. 2025XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA IN SUPPORT OF SENATE BILL 757 BY SENATOR STEVEN RICHARDSON, THE LOCAL GOVERNMENT – NUISANCE ABATEMENT, TO EXPAND AND STRENGTHEN LOCAL AUTHORITY AND CONTROL 26.Ordinance Adding Article XII Entitled Disclosure of Certain Enforcement Actions to Chapter 2 of the Sana Ana Municipal Code Requiring Disclosure of Federal Election Commission and California Fair Political Practices Commission Enforcement Actions Department(s): City Manager’s Office Recommended Action: Conduct a first reading and adopt an ordinance adding Article XII entitled Disclosure of Certain Enforcement Actions to Chapter 2 of the Santa Ana Municipal Code requiring disclosure of Federal Election Commission and California Fair Political Practices Commission enforcement actions: ORDINANCE NO. NSXXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADDING ARTICLE XII ENTITLED DISCLOSURE OF CERTAIN ENFORCEMENT ACTIONS TO CHAPTER 2 OF THE SANTA ANA MUNICIPAL CODE REQUIRING DISCLOSURE OF FEDERAL ELECTION COMMISSION AND CALIFORNIA FAIR POLITICAL PRACTICES COMMISSION ENFORCEMENT ACTIONS FOR CERTAIN LICENSES, PERMITS OR OTHER ENTITLEMENTS FOR USE **END OF BUSINESS CALENDAR** COUNCILMEMBER REQUESTED ITEMS 27.Discuss and Consider Providing Direction to the City Manager to Develop and Implement a Policy Requiring Immediate Disclosure of All ICE Courtesy Notifications Received by the Santa Ana Police Department – Councilmember Hernandez and Mayor Pro Tem Vazquez WORK STUDY SESSION 28.Fiscal Year 202526 Budget Work Study Session Department(s): Finance and Management Services Recommended Action: Discuss and provide further direction to staff. 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. FY2025/26 Budget Adoption 2. Tourism and Marketing District Renewal POSTING STATEMENT: On May 13, 2025, a true and correct copy of this agenda was posted at the entrance to City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. Internet Access to City Council, Agency, and Authority agendas and related material is available prior to meetings at santaana.org/agendasandminutes. City Council 10 5/20/2025 City Council Meeting PacketMay 20, 2025CLOSED SESSION MEETING – 4:00 PMREGULAR OPEN MEETING – 5:30 PM (Immediately following the Closed Session Meeting)CITY COUNCIL CHAMBER22 Civic Center Plaza Santa Ana, CA 92701Valerie AmezcuaMayorThai Viet PhanCouncilmember – Ward 1 Benjamin VazquezMayor Pro Tem Ward 2Jessie LopezCouncilmember Ward 3 Phil BacerraCouncilmember Ward 4Johnathan Ryan HernandezCouncilmember Ward 5 David PenalozaCouncilmember Ward 6Mayor and Council telephone: 7146476900Agenda item inquiries: 7146476520Sonia R. CarvalhoCity Attorney Alvaro NuñezCity Manager Jennifer L. HallCity ClerkIn 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 enablethe City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supportingdocumentation can be found on the City’s website – www.santaana.org/agendasandminutes.CITY VISION AND CODE OF ETHICSThe City of Santa Ana is committed to achieving a shared vision for the organization and itscommunity. The Vision, Mission and Guiding Principles (Values) are the result of a thoughtfuland inclusive process designed to set the City and organization on a course that meets thechallenges of today and tomorrow, as follows:Vision The dynamic center of Orange County which is acclaimed for our: Investment inyouth • Safe and healthy community • Neighborhood pride • Thriving economic climate •Enriched and diverse culture • Quality government servicesMission To deliver efficient public services in partnership with our community which ensurespublic safety, a prosperous economic environment, opportunities for our youth, and a highquality of life for residents.Guiding Principles Collaboration • Efficiency • Equity • Excellence • Fiscal Responsibility •Innovation • TransparencyCode 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 andConduct for elected officials and members of appointed boards, commissions, andcommittees to assure public confidence. The following are the core values expressed: •Integrity • Honesty • Responsibility • Fairness • Accountability • Respect • EfficiencyMembers of the public may attend the City Council meeting inperson or join via Zoom. As acourtesy to the public, the City Council meeting will occur live via teleconference Zoomwebinar. You may view the meeting from your computer, tablet, or smart phone via YouTubeLiveStream at https://www.youtube.com/cityofsantaanavideos/or on CTV3, available onSpectrum channel 3.PUBLIC COMMENTS – Members of the public who wish to address the City Council onclosed session items, items on the regular agenda, or on matters which are not on theagenda but are within the subject matter jurisdiction of the City Council, may do so by one ofthe 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 writtencommunications received via mail two (2) hours before the scheduled start of themeeting will be distributed to the City Council and imaged into the City’s documentarchive system which is available for public review.SENDING EMAIL OPTION – Public comments may be sent via email to the CityClerk’s office at eComment@santaana.org. Please note the agenda item you arecommenting on in the subject line of the email. All emails received two (2) hours beforethe scheduled start of the meeting will be distributed to the City Council and imagedinto the City’s document archive system which is available for public review.LIVE VIRTUAL OPTION – As a courtesy, members of the public may provide livecomments during the meeting by Zoom or Conference Call. To join by Zoom click on ortype the following address into your web browserhttps://us02web.zoom.us/j/315965149. To join the Conference Call: Dial (669) 9009128 and enter MEETING ID: 315 965 149#. You will be prompted by the City Clerkwhen it is time for a: i) closed session item, ii) agenda/general comments, iii) publichearing item, iv) special agenda item, or v) for Housing Authority item. You may requestto speak by dialing *9 from your phone or you may virtually raise your hand from Zoom.After the Clerk confirms the last three digits of the caller’s phone number or Zoom IDand unmutes them, the caller must press *6 or microphone icon to speak. Callers areencouraged, but not required, to identify themselves by name. Each caller will beprovided three (3) minutes to speak, unless due to the number of speakers wanting tospeak a decision is made to provide a different amount of time to speak.INPERSON OPTION Members of the public can provide inperson comments at thepodium in the Council Chamber. The Council Chamber will have seating available formembers of the public to attend the meeting inperson. Public comments are limited tothree (3) minutes per speaker, unless a different time is announced by the presidingchair. 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 beaccepted after the Public Comment Session begins without the permission of thepresiding chair.The following designated public comment periods are:1. LIVE PUBLIC COMMENTS ON CLOSED SESSION ITEMS – You can provide livecomments on closed session items by joining Zoom or the Conference Call as described inthe LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will openat 3:30 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL and raise your handBY 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. 2. LIVE PUBLIC COMMENTS ON REGULAR AGENDA ITEMS AND NONAGENDAITEMS (GENERAL PUBLIC COMMENT) – You can provide comments by joining Zoom orthe Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTSOPTION above. Speaker queue will open at 3:30 p.m. YOU MUST JOIN ZOOM OR THECONFERENCE CALL and raise your hand PRIOR TO 5:45 p.m. Speakers who are not inthe speaker queue with their hand raised by 5:45 p.m. will not be permitted to speak.3. LIVE PUBLIC COMMENTS ON PUBLIC HEARING ITEMS – You can providecomments by joining Zoom or the Conference Call as described in the LIVE or INPERSONPUBLIC COMMENTS OPTION above. Speakers not in the queue by 5:45 p.m. will not bepermitted to speak. 4. LIVE PUBLIC COMMENTS ON HOUSING AUTHORITY ITEMS – You can providecomments by joining Zoom or the Conference Call as described in the LIVE or INPERSONPUBLIC COMMENTS OPTION above. Speakers not in the queue by 5:45 p.m. will not bepermitted to speak. TRANSLATION SERVICES Spanish interpreting services are provided at CityCouncil meetings. Simultaneous Spanish interpretation is provided through the useof headsets and consecutive interpretation (SpanishtoEnglish) in addition to thosewishing 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 yla interpretación consecutiva (español a inglés) también está disponible paracualquiera que desee dirigirse al consejo municipal en el podio.About the AgendaTo download or view the attachments (staff report and other supporting documentation) foreach agenda item, you must select the agenda item to see the attachments to either open ina new link (the eyeball ) or download a pdf (the cloud symbol with the down arrow ).CLOSED SESSIONCALL TO ORDERATTENDANCE Council Members Phil BacerraJohnathan Ryan HernandezJessie LopezDavid PenalozaThai Viet PhanMayor Pro Tem Benjamin VazquezMayorValerie AmezcuaCity Manager Alvaro NuñezCity Attorney Sonia R. CarvalhoCity Clerk Jennifer L. HallROLL CALLADDITIONS\DELETIONS TO CLOSED SESSIONPUBLIC COMMENTS – Members of the public may address the City Council on ClosedSession items.RECESS – City Council will recess to Closed Session for the purpose of conducting regularCity business.CLOSED SESSION ITEMS – The Brown Act permits legislative bodies to discuss certainmatters without members of the public present. The City Council finds, based on advice fromthe City Attorney, that discussion in open session of the following matters will prejudice theposition of the City in existing and anticipated litigation:1.CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION pursuant toParagraph (1) of subdivision (d) of Section 54956.9 of the Government Code:A. Anchor Stone Christian Church v. City of Santa Ana, et al., United States DistrictCourt Case No. 8:25cv00215JWHDFM2.CONFERENCE WITH LEGAL COUNSEL – POTENTIAL INITIATION OF LITIGATIONpursuant to paragraph (4) of subdivision (d) of Government Code Section 54956.9:Three (3) cases – Drug Den Abatement Actions1502 E. 1st Street, Santa Ana (“El Tapatio”)1504 E. 1st Street, Santa Ana (“Royal Roman”)1519 E. 1st Street, Santa Ana (“Royal Grand”)3.PUBLIC EMPLOYEE EMPLOYMENT/APPOINTMENT pursuant to Section 54957(b)(1) of the Government Code:Title: Police Oversight Commission Independent Oversight DirectorRECONVENE – City Council will reconvene to continue regular City business.CITY COUNCIL REGULAR OPEN SESSIONCALL TO ORDERATTENDANCE Council Members Phil BacerraJohnathan Ryan HernandezJessie LopezDavid PenalozaThai Viet PhanMayor Pro Tem Benjamin VazquezMayorValerie AmezcuaCity Manager Alvaro NuñezCity Attorney Sonia R. CarvalhoCity Clerk Jennifer L. HallROLL CALLPLEDGE OF ALLEGIANCE Mayor AmezcuaWORDS OF INSPIRATION Pastor Johnny DunningADDITIONS\DELETIONS TO THE AGENDACEREMONIAL PRESENTATIONS1.Certificates of Recognition presented by Mayor Amezcua recognizing Santa Ana’sAnnual Youth Poster Contest Winners2.Proclamation presented by Mayor Pro Tem Vazquez to Santa Ana Active Streetsdeclaring May 2025 as National Bike Month3.Proclamation presented by Councilmember Bacerra and Councilmember Phandeclaring May 2025 as Asian American & Pacific Islander Heritage Month4.Proclamation presented by Councilmember Lopez to First 5 Orange County declaringMay 2025 as Early Childhood Month5.Certificates of Recognition presented by Councilmember Penaloza recognizing PioPico’s Inaugural Intermediate Sports Team for Exceptional SportsmanshipCLOSED SESSION REPORT – The City Attorney will report on any action(s) from ClosedSession.PUBLIC COMMENTS – Public comments will be held during the beginning of the meetingfor ALL comments on agenda and nonagenda items.CONSENT CALENDARRECOMMENDED ACTION: Approve staff recommendations on the followingConsent Calendar Items: 6 through 24 and waive reading of all resolutionsand ordinances. 6.Excused AbsencesDepartment(s): City Clerk’s OfficeRecommended Action: Excuse the absent members.7.Minutes from the Regular Meeting of May 6, 2025Department(s): City Clerk’s OfficeRecommended Action: Approve minutes.8.Regional and Unified Local Workforce Plans for Program Years (PY) 20252028 asRequired Under the Federal Title I Workforce Innovation and Opportunity ActDepartment(s): Community Development AgencyRecommended Action: Approve the Regional and Unified Local Workforce Plans forPY 20252028 and authorize the submission to the State as required by the federalWorkforce Innovation and Opportunity Act Title I grant.9.Local Area Subsequent Designation and Local Board Recertification Program Year(PY) 20252027Department(s): Community Development AgencyRecommended Action: Authorize the submission of the application for SubsequentLocal Area Designation and Local Board Recertification for PY 20252027.10.Quarterly Report of Investments as of March 31, 2025Department(s): Finance and Management ServicesRecommended Action: Receive and file.11.Quarterly Report of Contracts up to $50,000 for NonPublic Works and up to $500,000for Public Works Authorized by the City Manager as Permitted by Charter Section 421Department(s): Finance and Management ServicesRecommended Action: Receive and file Quarterly Report of Contracts entered intobetween January 1, 2025 to March 31, 2025.12.Contract to Cherry Bekaert Advisory LLC for Governmental Accounting StandardsBoard (GASB) Consulting Services (General Fund)Department(s): Finance and Management ServicesRecommended Action: Authorize the City Manager to execute an agreement withCherry Bekaert Advisory LLC to provide Consulting Services to implement newGASB standards for a total amount not to exceed $156,000 for a twoyear periodbeginning with the fiscal year ending June 30, 2025 through June 30, 2026, with aprovision for three, oneyear extensions for the fiscal years ending June 30, 2027,June 30, 2028, and June 30, 2029. (Agreement No. A2025XXX).13.Agreement with ProudCity for the Licensing of a Website Content ManagementSystem (CMS) and ServicesDepartment(s): Information TechnologyRecommended Action: Authorize the City Manager to execute an agreement withProudCity, Inc. for website content management system (CMS) software subscriptionsand professional services, for a threeyear term beginning July 1, 2025 and endingJune 30, 2028, for an annual amount not to exceed $103,827, for a total aggregateamount not to exceed $311,481 over the life of the agreement (Agreement No. A2025XXX).14.Agreement with StandUp for Kids to provide Rapid ReHousing Services Paired WithServices Coordination for Homeless Youth from the Age of Eighteen to TwentyFour(NonGeneral Fund)Department(s): Community Development AgencyRecommended Action: Approve an agreement with Standup for Kids OrangeCounty, in an amount not to exceed $375,000, for Rapid ReHousing and ServicesCoordination for a twoyear period, beginning May 20, 2025, and ending May 19,2027, with the option for the City to grant a oneyear renewal in writing by the CityManager and the City Attorney (Agreement No. A2025XXX).15.Historic Property Preservation Agreement for the Property Located at 2301 N.Westwood AvenueDepartment(s): Planning and Building AgencyRecommended Action: Authorize the City Manager to execute the attached MillsAct agreement with the belowreferenced property owner for the identified structure(s)(Agreement No. A2025XXX). [Includes determination that the proposed project isexempt from further review in accordance with the California Environmental QualityAct as Categorical Exemption/Environmental Review No. 202505 will be filed for theproject]Table 1: Mills Act Agreement Approved by the Historic Resources Commission(HRC)PropertyOwner(s)Historic PropertyPreservation Agreement No.Address/House Vote by HRCKevin T.Nguyen 202501 2301 N.WestwoodAvenue 6:0:0:1 (CommissionerPadilla absent)16.Agreement with Kim Turner, LLC for Recruitment, Training, and Staffing ConsultingServices (Specification No 25009) (NonGeneral Fund)Department(s): Police DepartmentRecommended Action: Authorize the City Manager to execute a oneyearagreement with Kim Turner, LLC, to provide recruitment, training, and staffingconsulting services for the period of May 20, 2025 through May 19, 2026, withprovisions for two, oneyear extensions, in an amount not to exceed $197,500(Agreement A2025XXX).17.Purchase Order to Tolar Manufacturing Company for Bus Shelters and RelatedAmenities (Specification No. 25063) (General Fund)Department(s): Public Works AgencyRecommended Action: Authorize a Purchase Order to Tolar ManufacturingCompany for bus shelters and related amenities, in a total amount not to exceed$250,000.18.Agreement with HDR Engineering, Inc. to Conduct the First Street MultimodalBoulevard Study (NonGeneral Fund)Department(s): Public Works AgencyRecommended Action: Authorize the City Manager to execute an agreement withHDR Engineering Inc. to provide traffic engineering and transportation planningservices for the First Street Multimodal Boulevard Study in the amount of $3,870,000,for a term beginning May 21, 2025 and ending on May 20, 2027, with the option fortwo, oneyear extensions (Agreement No. A2025XXX).19.Agreement with Robert D. Niehaus, Inc. for LongTerm Financial Planning and Waterand Sewer Cost of Service Study (Specification No. 25013) (NonGeneral Fund)Department(s): Public Works AgencyRecommended Action: Approve an agreement with Robert D. Niehaus, Inc. toconduct longterm financial planning and a water and sewer cost of service study foran amount not to exceed $130,850, for a term beginning May 20, 2025 and expiringMay 19, 2028, with a provision for two oneyear extensions (Agreement No. A2025XXX).20.Agreements with Butier Engineering, Inc., Z&K Consultants, Inc., Berg & Associates,Inc., Psomas, Willdan Engineering, and EEC Environmental for OnCall ConstructionManagement and Inspection Services (No. 25011) (NonGeneral Fund)Department(s): Public Works AgencyRecommended Action: Authorize the City Manager to execute agreements withButier Engineering, Inc., Z&K Consultants, Inc., Berg & Associates, Inc., Psomas,Willdan Engineering, and EEC Environmental for oncall construction managementservices and inspection services, for a shared aggregate amount not to exceed$1,500,000, for a term beginning May 21, 2025 and expiring May 20, 2028, withprovisions for two oneyear extensions (Core Agreement No. A2025XXX).21.First Amendment to Interagency Agreement with the Orange County Water Districtand Moulton Niguel Water DistrictDepartment(s): Public Works AgencyRecommended Action: Authorize the City Manager to execute the first amendmentto the agreement with Orange County Water District and Moulton Niguel WaterDistrict, to extend the term of the agreement to June 30, 2028, and to amend thescope of work to include a final design of the proposed infrastructure based on thepreliminary design analysis (Agreement No. A2025XXX).22.Second Amendment to the Waste Disposal Agreement with the County of Orange(NonGeneral Fund)Department(s): Public Works AgencyRecommended Action: Approve a second amendment to the Waste Disposal Agreement with the County of Orange for an additional oneyear term ending June 30, 2026 for continued importation of waste to the County’s three landfills (Agreement No. A2025XXX). 23.Resolution Authorizing the City of Santa Ana to Donate Surplus Public Works Equipment to Sister City, Sahuayo de Morelos, Michoacán, Mexico Department(s): Public Works Agency Recommended Action: Adopt a resolution authorizing the City of Santa Ana to donate surplus Public Works equipment to Sister City Sahuayo de Morelos, Michoacán, Mexico. RESOLUTION NO. 2025XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING DONATION OF SURPLUS PUBLIC WORKS EQUIPMENT TO SISTER CITY SAHUAYO DE MORELOS 24.Second Reading of an Ordinance Adding Article XIV to Chapter 10 (Crimes and Miscellaneous Law Enforcement Provisions) of the Santa Ana Municipal Code Prohibiting the Sale or Distribution of Nitrous Oxide First reading conducted at the May 6, 2025 City Council meeting and approved by vote of 70. Legal notice published in the OC Reporter on May 9, 2025. Department(s): Police Department Recommended Action: Conduct a second reading and adopt an Ordinance adding Article XIV to Chapter 10 (Crimes and Miscellaneous Law Enforcement Provisions) of the Santa Ana Municipal Code prohibiting the sale or distribution of Nitrous Oxide: ORDINANCE NO. NS3079 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADDING ARTICLE XIV TO CHAPTER 10 OF THE SANTA ANA MUNICIPAL CODE (CRIMES AND MISCELLANEOUS LAW ENFORCEMENT PROVISIONS) PROHIBITING THE SALE OR DISTRIBUTION OF NITROUS OXIDE [Includes determination that the ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to CEQA and Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect change in the environment and is not a “project” as defined in Section 15378 of the CEQA Guidelines as well as pursuant to the “common sense” exemption set forth in CEQA Guidelines Section 15061(b)(3)] **END OF CONSENT CALENDAR** BUSINESS CALENDAR 25.Resolutions Supporting California Senate Bills 28 and 38 (Umberg), 569 (Blakespear), and 757 (Richardson) Department(s): City Manager’s Office Recommended Action: Adopt the following resolutions in support of state legislative efforts aligned with the City’s goals of enhancing the quality of life for residents through community safety, housing stability, and criminal justice reform: 1. RESOLUTION NO. 2025XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA IN SUPPORT OF CALIFORNIA SENATE BILLS 28 AND 38 BY SENATOR THOMAS J. UMBERG TO STRENGTHEN TREATMENT COURT STANDARDS AND REENTRY OPPORTUNITIES THROUGH THE SECOND CHANCE PROGRAM; and 2. RESOLUTION NO. 2025XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA SUPPORTING CALIFORNIA SENATE BILL 569 BY SENATOR CATHERINE BLAKESPEAR, THE HOMELESS ENCAMPMENT COLLABORATION ACT, TO STRENGTHEN LOCAL COLLABORATION WITH THE DEPARTMENT OF TRANSPORTATION; and 3. RESOLUTION NO. 2025XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA IN SUPPORT OF SENATE BILL 757 BY SENATOR STEVEN RICHARDSON, THE LOCAL GOVERNMENT – NUISANCE ABATEMENT, TO EXPAND AND STRENGTHEN LOCAL AUTHORITY AND CONTROL 26.Ordinance Adding Article XII Entitled Disclosure of Certain Enforcement Actions to Chapter 2 of the Sana Ana Municipal Code Requiring Disclosure of Federal Election Commission and California Fair Political Practices Commission Enforcement Actions Department(s): City Manager’s Office Recommended Action: Conduct a first reading and adopt an ordinance adding Article XII entitled Disclosure of Certain Enforcement Actions to Chapter 2 of the Santa Ana Municipal Code requiring disclosure of Federal Election Commission and California Fair Political Practices Commission enforcement actions: ORDINANCE NO. NSXXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADDING ARTICLE XII ENTITLED DISCLOSURE OF CERTAIN ENFORCEMENT ACTIONS TO CHAPTER 2 OF THE SANTA ANA MUNICIPAL CODE REQUIRING DISCLOSURE OF FEDERAL ELECTION COMMISSION AND CALIFORNIA FAIR POLITICAL PRACTICES COMMISSION ENFORCEMENT ACTIONS FOR CERTAIN LICENSES, PERMITS OR OTHER ENTITLEMENTS FOR USE **END OF BUSINESS CALENDAR** COUNCILMEMBER REQUESTED ITEMS 27.Discuss and Consider Providing Direction to the City Manager to Develop and Implement a Policy Requiring Immediate Disclosure of All ICE Courtesy Notifications Received by the Santa Ana Police Department – Councilmember Hernandez and Mayor Pro Tem Vazquez WORK STUDY SESSION 28.Fiscal Year 202526 Budget Work Study Session Department(s): Finance and Management Services Recommended Action: Discuss and provide further direction to staff. 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. FY2025/26 Budget Adoption 2. Tourism and Marketing District Renewal POSTING STATEMENT: On May 13, 2025, a true and correct copy of this agenda was posted at the entrance to City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. Internet Access to City Council, Agency, and Authority agendas and related material is available prior to meetings at santaana.org/agendasandminutes. City Council 11 5/20/2025 City Council Meeting PacketMay 20, 2025CLOSED SESSION MEETING – 4:00 PMREGULAR OPEN MEETING – 5:30 PM (Immediately following the Closed Session Meeting)CITY COUNCIL CHAMBER22 Civic Center Plaza Santa Ana, CA 92701Valerie AmezcuaMayorThai Viet PhanCouncilmember – Ward 1 Benjamin VazquezMayor Pro Tem Ward 2Jessie LopezCouncilmember Ward 3 Phil BacerraCouncilmember Ward 4Johnathan Ryan HernandezCouncilmember Ward 5 David PenalozaCouncilmember Ward 6Mayor and Council telephone: 7146476900Agenda item inquiries: 7146476520Sonia R. CarvalhoCity Attorney Alvaro NuñezCity Manager Jennifer L. HallCity ClerkIn 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 enablethe City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supportingdocumentation can be found on the City’s website – www.santaana.org/agendasandminutes.CITY VISION AND CODE OF ETHICSThe City of Santa Ana is committed to achieving a shared vision for the organization and itscommunity. The Vision, Mission and Guiding Principles (Values) are the result of a thoughtfuland inclusive process designed to set the City and organization on a course that meets thechallenges of today and tomorrow, as follows:Vision The dynamic center of Orange County which is acclaimed for our: Investment inyouth • Safe and healthy community • Neighborhood pride • Thriving economic climate •Enriched and diverse culture • Quality government servicesMission To deliver efficient public services in partnership with our community which ensurespublic safety, a prosperous economic environment, opportunities for our youth, and a highquality of life for residents.Guiding Principles Collaboration • Efficiency • Equity • Excellence • Fiscal Responsibility •Innovation • TransparencyCode 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 andConduct for elected officials and members of appointed boards, commissions, andcommittees to assure public confidence. The following are the core values expressed: •Integrity • Honesty • Responsibility • Fairness • Accountability • Respect • EfficiencyMembers of the public may attend the City Council meeting inperson or join via Zoom. As acourtesy to the public, the City Council meeting will occur live via teleconference Zoomwebinar. You may view the meeting from your computer, tablet, or smart phone via YouTubeLiveStream at https://www.youtube.com/cityofsantaanavideos/or on CTV3, available onSpectrum channel 3.PUBLIC COMMENTS – Members of the public who wish to address the City Council onclosed session items, items on the regular agenda, or on matters which are not on theagenda but are within the subject matter jurisdiction of the City Council, may do so by one ofthe 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 writtencommunications received via mail two (2) hours before the scheduled start of themeeting will be distributed to the City Council and imaged into the City’s documentarchive system which is available for public review.SENDING EMAIL OPTION – Public comments may be sent via email to the CityClerk’s office at eComment@santaana.org. Please note the agenda item you arecommenting on in the subject line of the email. All emails received two (2) hours beforethe scheduled start of the meeting will be distributed to the City Council and imagedinto the City’s document archive system which is available for public review.LIVE VIRTUAL OPTION – As a courtesy, members of the public may provide livecomments during the meeting by Zoom or Conference Call. To join by Zoom click on ortype the following address into your web browserhttps://us02web.zoom.us/j/315965149. To join the Conference Call: Dial (669) 9009128 and enter MEETING ID: 315 965 149#. You will be prompted by the City Clerkwhen it is time for a: i) closed session item, ii) agenda/general comments, iii) publichearing item, iv) special agenda item, or v) for Housing Authority item. You may requestto speak by dialing *9 from your phone or you may virtually raise your hand from Zoom.After the Clerk confirms the last three digits of the caller’s phone number or Zoom IDand unmutes them, the caller must press *6 or microphone icon to speak. Callers areencouraged, but not required, to identify themselves by name. Each caller will beprovided three (3) minutes to speak, unless due to the number of speakers wanting tospeak a decision is made to provide a different amount of time to speak.INPERSON OPTION Members of the public can provide inperson comments at thepodium in the Council Chamber. The Council Chamber will have seating available formembers of the public to attend the meeting inperson. Public comments are limited tothree (3) minutes per speaker, unless a different time is announced by the presidingchair. 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 beaccepted after the Public Comment Session begins without the permission of thepresiding chair.The following designated public comment periods are:1. LIVE PUBLIC COMMENTS ON CLOSED SESSION ITEMS – You can provide livecomments on closed session items by joining Zoom or the Conference Call as described inthe LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will openat 3:30 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL and raise your handBY 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. 2. LIVE PUBLIC COMMENTS ON REGULAR AGENDA ITEMS AND NONAGENDAITEMS (GENERAL PUBLIC COMMENT) – You can provide comments by joining Zoom orthe Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTSOPTION above. Speaker queue will open at 3:30 p.m. YOU MUST JOIN ZOOM OR THECONFERENCE CALL and raise your hand PRIOR TO 5:45 p.m. Speakers who are not inthe speaker queue with their hand raised by 5:45 p.m. will not be permitted to speak.3. LIVE PUBLIC COMMENTS ON PUBLIC HEARING ITEMS – You can providecomments by joining Zoom or the Conference Call as described in the LIVE or INPERSONPUBLIC COMMENTS OPTION above. Speakers not in the queue by 5:45 p.m. will not bepermitted to speak. 4. LIVE PUBLIC COMMENTS ON HOUSING AUTHORITY ITEMS – You can providecomments by joining Zoom or the Conference Call as described in the LIVE or INPERSONPUBLIC COMMENTS OPTION above. Speakers not in the queue by 5:45 p.m. will not bepermitted to speak. TRANSLATION SERVICES Spanish interpreting services are provided at CityCouncil meetings. Simultaneous Spanish interpretation is provided through the useof headsets and consecutive interpretation (SpanishtoEnglish) in addition to thosewishing 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 yla interpretación consecutiva (español a inglés) también está disponible paracualquiera que desee dirigirse al consejo municipal en el podio.About the AgendaTo download or view the attachments (staff report and other supporting documentation) foreach agenda item, you must select the agenda item to see the attachments to either open ina new link (the eyeball ) or download a pdf (the cloud symbol with the down arrow ).CLOSED SESSIONCALL TO ORDERATTENDANCE Council Members Phil BacerraJohnathan Ryan HernandezJessie LopezDavid PenalozaThai Viet PhanMayor Pro Tem Benjamin VazquezMayorValerie AmezcuaCity Manager Alvaro NuñezCity Attorney Sonia R. CarvalhoCity Clerk Jennifer L. HallROLL CALLADDITIONS\DELETIONS TO CLOSED SESSIONPUBLIC COMMENTS – Members of the public may address the City Council on ClosedSession items.RECESS – City Council will recess to Closed Session for the purpose of conducting regularCity business.CLOSED SESSION ITEMS – The Brown Act permits legislative bodies to discuss certainmatters without members of the public present. The City Council finds, based on advice fromthe City Attorney, that discussion in open session of the following matters will prejudice theposition of the City in existing and anticipated litigation:1.CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION pursuant toParagraph (1) of subdivision (d) of Section 54956.9 of the Government Code:A. Anchor Stone Christian Church v. City of Santa Ana, et al., United States DistrictCourt Case No. 8:25cv00215JWHDFM2.CONFERENCE WITH LEGAL COUNSEL – POTENTIAL INITIATION OF LITIGATIONpursuant to paragraph (4) of subdivision (d) of Government Code Section 54956.9:Three (3) cases – Drug Den Abatement Actions1502 E. 1st Street, Santa Ana (“El Tapatio”)1504 E. 1st Street, Santa Ana (“Royal Roman”)1519 E. 1st Street, Santa Ana (“Royal Grand”)3.PUBLIC EMPLOYEE EMPLOYMENT/APPOINTMENT pursuant to Section 54957(b)(1) of the Government Code:Title: Police Oversight Commission Independent Oversight DirectorRECONVENE – City Council will reconvene to continue regular City business.CITY COUNCIL REGULAR OPEN SESSIONCALL TO ORDERATTENDANCE Council Members Phil BacerraJohnathan Ryan HernandezJessie LopezDavid PenalozaThai Viet PhanMayor Pro Tem Benjamin VazquezMayorValerie AmezcuaCity Manager Alvaro NuñezCity Attorney Sonia R. CarvalhoCity Clerk Jennifer L. HallROLL CALLPLEDGE OF ALLEGIANCE Mayor AmezcuaWORDS OF INSPIRATION Pastor Johnny DunningADDITIONS\DELETIONS TO THE AGENDACEREMONIAL PRESENTATIONS1.Certificates of Recognition presented by Mayor Amezcua recognizing Santa Ana’sAnnual Youth Poster Contest Winners2.Proclamation presented by Mayor Pro Tem Vazquez to Santa Ana Active Streetsdeclaring May 2025 as National Bike Month3.Proclamation presented by Councilmember Bacerra and Councilmember Phandeclaring May 2025 as Asian American & Pacific Islander Heritage Month4.Proclamation presented by Councilmember Lopez to First 5 Orange County declaringMay 2025 as Early Childhood Month5.Certificates of Recognition presented by Councilmember Penaloza recognizing PioPico’s Inaugural Intermediate Sports Team for Exceptional SportsmanshipCLOSED SESSION REPORT – The City Attorney will report on any action(s) from ClosedSession.PUBLIC COMMENTS – Public comments will be held during the beginning of the meetingfor ALL comments on agenda and nonagenda items.CONSENT CALENDARRECOMMENDED ACTION: Approve staff recommendations on the followingConsent Calendar Items: 6 through 24 and waive reading of all resolutionsand ordinances. 6.Excused AbsencesDepartment(s): City Clerk’s OfficeRecommended Action: Excuse the absent members.7.Minutes from the Regular Meeting of May 6, 2025Department(s): City Clerk’s OfficeRecommended Action: Approve minutes.8.Regional and Unified Local Workforce Plans for Program Years (PY) 20252028 asRequired Under the Federal Title I Workforce Innovation and Opportunity ActDepartment(s): Community Development AgencyRecommended Action: Approve the Regional and Unified Local Workforce Plans forPY 20252028 and authorize the submission to the State as required by the federalWorkforce Innovation and Opportunity Act Title I grant.9.Local Area Subsequent Designation and Local Board Recertification Program Year(PY) 20252027Department(s): Community Development AgencyRecommended Action: Authorize the submission of the application for SubsequentLocal Area Designation and Local Board Recertification for PY 20252027.10.Quarterly Report of Investments as of March 31, 2025Department(s): Finance and Management ServicesRecommended Action: Receive and file.11.Quarterly Report of Contracts up to $50,000 for NonPublic Works and up to $500,000for Public Works Authorized by the City Manager as Permitted by Charter Section 421Department(s): Finance and Management ServicesRecommended Action: Receive and file Quarterly Report of Contracts entered intobetween January 1, 2025 to March 31, 2025.12.Contract to Cherry Bekaert Advisory LLC for Governmental Accounting StandardsBoard (GASB) Consulting Services (General Fund)Department(s): Finance and Management ServicesRecommended Action: Authorize the City Manager to execute an agreement withCherry Bekaert Advisory LLC to provide Consulting Services to implement newGASB standards for a total amount not to exceed $156,000 for a twoyear periodbeginning with the fiscal year ending June 30, 2025 through June 30, 2026, with aprovision for three, oneyear extensions for the fiscal years ending June 30, 2027,June 30, 2028, and June 30, 2029. (Agreement No. A2025XXX).13.Agreement with ProudCity for the Licensing of a Website Content ManagementSystem (CMS) and ServicesDepartment(s): Information TechnologyRecommended Action: Authorize the City Manager to execute an agreement withProudCity, Inc. for website content management system (CMS) software subscriptionsand professional services, for a threeyear term beginning July 1, 2025 and endingJune 30, 2028, for an annual amount not to exceed $103,827, for a total aggregateamount not to exceed $311,481 over the life of the agreement (Agreement No. A2025XXX).14.Agreement with StandUp for Kids to provide Rapid ReHousing Services Paired WithServices Coordination for Homeless Youth from the Age of Eighteen to TwentyFour(NonGeneral Fund)Department(s): Community Development AgencyRecommended Action: Approve an agreement with Standup for Kids OrangeCounty, in an amount not to exceed $375,000, for Rapid ReHousing and ServicesCoordination for a twoyear period, beginning May 20, 2025, and ending May 19,2027, with the option for the City to grant a oneyear renewal in writing by the CityManager and the City Attorney (Agreement No. A2025XXX).15.Historic Property Preservation Agreement for the Property Located at 2301 N.Westwood AvenueDepartment(s): Planning and Building AgencyRecommended Action: Authorize the City Manager to execute the attached MillsAct agreement with the belowreferenced property owner for the identified structure(s)(Agreement No. A2025XXX). [Includes determination that the proposed project isexempt from further review in accordance with the California Environmental QualityAct as Categorical Exemption/Environmental Review No. 202505 will be filed for theproject]Table 1: Mills Act Agreement Approved by the Historic Resources Commission(HRC)PropertyOwner(s)Historic PropertyPreservation Agreement No.Address/House Vote by HRCKevin T.Nguyen 202501 2301 N.WestwoodAvenue 6:0:0:1 (CommissionerPadilla absent)16.Agreement with Kim Turner, LLC for Recruitment, Training, and Staffing ConsultingServices (Specification No 25009) (NonGeneral Fund)Department(s): Police DepartmentRecommended Action: Authorize the City Manager to execute a oneyearagreement with Kim Turner, LLC, to provide recruitment, training, and staffingconsulting services for the period of May 20, 2025 through May 19, 2026, withprovisions for two, oneyear extensions, in an amount not to exceed $197,500(Agreement A2025XXX).17.Purchase Order to Tolar Manufacturing Company for Bus Shelters and RelatedAmenities (Specification No. 25063) (General Fund)Department(s): Public Works AgencyRecommended Action: Authorize a Purchase Order to Tolar ManufacturingCompany for bus shelters and related amenities, in a total amount not to exceed$250,000.18.Agreement with HDR Engineering, Inc. to Conduct the First Street MultimodalBoulevard Study (NonGeneral Fund)Department(s): Public Works AgencyRecommended Action: Authorize the City Manager to execute an agreement withHDR Engineering Inc. to provide traffic engineering and transportation planningservices for the First Street Multimodal Boulevard Study in the amount of $3,870,000,for a term beginning May 21, 2025 and ending on May 20, 2027, with the option fortwo, oneyear extensions (Agreement No. A2025XXX).19.Agreement with Robert D. Niehaus, Inc. for LongTerm Financial Planning and Waterand Sewer Cost of Service Study (Specification No. 25013) (NonGeneral Fund)Department(s): Public Works AgencyRecommended Action: Approve an agreement with Robert D. Niehaus, Inc. toconduct longterm financial planning and a water and sewer cost of service study foran amount not to exceed $130,850, for a term beginning May 20, 2025 and expiringMay 19, 2028, with a provision for two oneyear extensions (Agreement No. A2025XXX).20.Agreements with Butier Engineering, Inc., Z&K Consultants, Inc., Berg & Associates,Inc., Psomas, Willdan Engineering, and EEC Environmental for OnCall ConstructionManagement and Inspection Services (No. 25011) (NonGeneral Fund)Department(s): Public Works AgencyRecommended Action: Authorize the City Manager to execute agreements withButier Engineering, Inc., Z&K Consultants, Inc., Berg & Associates, Inc., Psomas,Willdan Engineering, and EEC Environmental for oncall construction managementservices and inspection services, for a shared aggregate amount not to exceed$1,500,000, for a term beginning May 21, 2025 and expiring May 20, 2028, withprovisions for two oneyear extensions (Core Agreement No. A2025XXX).21.First Amendment to Interagency Agreement with the Orange County Water Districtand Moulton Niguel Water DistrictDepartment(s): Public Works AgencyRecommended Action: Authorize the City Manager to execute the first amendmentto the agreement with Orange County Water District and Moulton Niguel WaterDistrict, to extend the term of the agreement to June 30, 2028, and to amend thescope of work to include a final design of the proposed infrastructure based on thepreliminary design analysis (Agreement No. A2025XXX).22.Second Amendment to the Waste Disposal Agreement with the County of Orange(NonGeneral Fund)Department(s): Public Works AgencyRecommended Action: Approve a second amendment to the Waste DisposalAgreement with the County of Orange for an additional oneyear term ending June 30,2026 for continued importation of waste to the County’s three landfills (Agreement No.A2025XXX).23.Resolution Authorizing the City of Santa Ana to Donate Surplus Public WorksEquipment to Sister City, Sahuayo de Morelos, Michoacán, MexicoDepartment(s): Public Works AgencyRecommended Action: Adopt a resolution authorizing the City of Santa Ana todonate surplus Public Works equipment to Sister City Sahuayo de Morelos,Michoacán, Mexico.RESOLUTION NO. 2025XXX entitled A RESOLUTION OF THE CITY COUNCIL OFTHE CITY OF SANTA ANA AUTHORIZING DONATION OF SURPLUS PUBLICWORKS EQUIPMENT TO SISTER CITY SAHUAYO DE MORELOS24.Second Reading of an Ordinance Adding Article XIV to Chapter 10 (Crimes andMiscellaneous Law Enforcement Provisions) of the Santa Ana Municipal CodeProhibiting the Sale or Distribution of Nitrous OxideFirst reading conducted at the May 6, 2025 City Council meeting and approved byvote of 70. Legal notice published in the OC Reporter on May 9, 2025.Department(s): Police DepartmentRecommended Action: Conduct a second reading and adopt an Ordinance addingArticle XIV to Chapter 10 (Crimes and Miscellaneous Law Enforcement Provisions) ofthe Santa Ana Municipal Code prohibiting the sale or distribution of Nitrous Oxide:ORDINANCE NO. NS3079 entitled AN ORDINANCE OF THE CITY COUNCIL OFTHE CITY OF SANTA ANA ADDING ARTICLE XIV TO CHAPTER 10 OF THESANTA ANA MUNICIPAL CODE (CRIMES AND MISCELLANEOUS LAWENFORCEMENT PROVISIONS) PROHIBITING THE SALE OR DISTRIBUTION OFNITROUS OXIDE [Includes determination that the ordinance is not subject to theCalifornia Environmental Quality Act (CEQA) pursuant to CEQA and Sections15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not result in adirect or reasonably foreseeable indirect change in the environment and is not a“project” as defined in Section 15378 of the CEQA Guidelines as well as pursuant tothe “common sense” exemption set forth in CEQA Guidelines Section 15061(b)(3)]**END OF CONSENT CALENDAR**BUSINESS CALENDAR25.Resolutions Supporting California Senate Bills 28 and 38 (Umberg), 569 (Blakespear), and 757 (Richardson) Department(s): City Manager’s Office Recommended Action: Adopt the following resolutions in support of state legislative efforts aligned with the City’s goals of enhancing the quality of life for residents through community safety, housing stability, and criminal justice reform: 1. RESOLUTION NO. 2025XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA IN SUPPORT OF CALIFORNIA SENATE BILLS 28 AND 38 BY SENATOR THOMAS J. UMBERG TO STRENGTHEN TREATMENT COURT STANDARDS AND REENTRY OPPORTUNITIES THROUGH THE SECOND CHANCE PROGRAM; and 2. RESOLUTION NO. 2025XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA SUPPORTING CALIFORNIA SENATE BILL 569 BY SENATOR CATHERINE BLAKESPEAR, THE HOMELESS ENCAMPMENT COLLABORATION ACT, TO STRENGTHEN LOCAL COLLABORATION WITH THE DEPARTMENT OF TRANSPORTATION; and 3. RESOLUTION NO. 2025XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA IN SUPPORT OF SENATE BILL 757 BY SENATOR STEVEN RICHARDSON, THE LOCAL GOVERNMENT – NUISANCE ABATEMENT, TO EXPAND AND STRENGTHEN LOCAL AUTHORITY AND CONTROL 26.Ordinance Adding Article XII Entitled Disclosure of Certain Enforcement Actions to Chapter 2 of the Sana Ana Municipal Code Requiring Disclosure of Federal Election Commission and California Fair Political Practices Commission Enforcement Actions Department(s): City Manager’s Office Recommended Action: Conduct a first reading and adopt an ordinance adding Article XII entitled Disclosure of Certain Enforcement Actions to Chapter 2 of the Santa Ana Municipal Code requiring disclosure of Federal Election Commission and California Fair Political Practices Commission enforcement actions: ORDINANCE NO. NSXXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADDING ARTICLE XII ENTITLED DISCLOSURE OF CERTAIN ENFORCEMENT ACTIONS TO CHAPTER 2 OF THE SANTA ANA MUNICIPAL CODE REQUIRING DISCLOSURE OF FEDERAL ELECTION COMMISSION AND CALIFORNIA FAIR POLITICAL PRACTICES COMMISSION ENFORCEMENT ACTIONS FOR CERTAIN LICENSES, PERMITS OR OTHER ENTITLEMENTS FOR USE **END OF BUSINESS CALENDAR** COUNCILMEMBER REQUESTED ITEMS 27.Discuss and Consider Providing Direction to the City Manager to Develop and Implement a Policy Requiring Immediate Disclosure of All ICE Courtesy Notifications Received by the Santa Ana Police Department – Councilmember Hernandez and Mayor Pro Tem Vazquez WORK STUDY SESSION 28.Fiscal Year 202526 Budget Work Study Session Department(s): Finance and Management Services Recommended Action: Discuss and provide further direction to staff. 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. FY2025/26 Budget Adoption 2. Tourism and Marketing District Renewal POSTING STATEMENT: On May 13, 2025, a true and correct copy of this agenda was posted at the entrance to City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. Internet Access to City Council, Agency, and Authority agendas and related material is available prior to meetings at santaana.org/agendasandminutes. City Council 12 5/20/2025 City Council Meeting PacketMay 20, 2025CLOSED SESSION MEETING – 4:00 PMREGULAR OPEN MEETING – 5:30 PM (Immediately following the Closed Session Meeting)CITY COUNCIL CHAMBER22 Civic Center Plaza Santa Ana, CA 92701Valerie AmezcuaMayorThai Viet PhanCouncilmember – Ward 1 Benjamin VazquezMayor Pro Tem Ward 2Jessie LopezCouncilmember Ward 3 Phil BacerraCouncilmember Ward 4Johnathan Ryan HernandezCouncilmember Ward 5 David PenalozaCouncilmember Ward 6Mayor and Council telephone: 7146476900Agenda item inquiries: 7146476520Sonia R. CarvalhoCity Attorney Alvaro NuñezCity Manager Jennifer L. HallCity ClerkIn 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 enablethe City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supportingdocumentation can be found on the City’s website – www.santaana.org/agendasandminutes.CITY VISION AND CODE OF ETHICSThe City of Santa Ana is committed to achieving a shared vision for the organization and itscommunity. The Vision, Mission and Guiding Principles (Values) are the result of a thoughtfuland inclusive process designed to set the City and organization on a course that meets thechallenges of today and tomorrow, as follows:Vision The dynamic center of Orange County which is acclaimed for our: Investment inyouth • Safe and healthy community • Neighborhood pride • Thriving economic climate •Enriched and diverse culture • Quality government servicesMission To deliver efficient public services in partnership with our community which ensurespublic safety, a prosperous economic environment, opportunities for our youth, and a highquality of life for residents.Guiding Principles Collaboration • Efficiency • Equity • Excellence • Fiscal Responsibility •Innovation • TransparencyCode 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 andConduct for elected officials and members of appointed boards, commissions, andcommittees to assure public confidence. The following are the core values expressed: •Integrity • Honesty • Responsibility • Fairness • Accountability • Respect • EfficiencyMembers of the public may attend the City Council meeting inperson or join via Zoom. As acourtesy to the public, the City Council meeting will occur live via teleconference Zoomwebinar. You may view the meeting from your computer, tablet, or smart phone via YouTubeLiveStream at https://www.youtube.com/cityofsantaanavideos/or on CTV3, available onSpectrum channel 3.PUBLIC COMMENTS – Members of the public who wish to address the City Council onclosed session items, items on the regular agenda, or on matters which are not on theagenda but are within the subject matter jurisdiction of the City Council, may do so by one ofthe 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 writtencommunications received via mail two (2) hours before the scheduled start of themeeting will be distributed to the City Council and imaged into the City’s documentarchive system which is available for public review.SENDING EMAIL OPTION – Public comments may be sent via email to the CityClerk’s office at eComment@santaana.org. Please note the agenda item you arecommenting on in the subject line of the email. All emails received two (2) hours beforethe scheduled start of the meeting will be distributed to the City Council and imagedinto the City’s document archive system which is available for public review.LIVE VIRTUAL OPTION – As a courtesy, members of the public may provide livecomments during the meeting by Zoom or Conference Call. To join by Zoom click on ortype the following address into your web browserhttps://us02web.zoom.us/j/315965149. To join the Conference Call: Dial (669) 9009128 and enter MEETING ID: 315 965 149#. You will be prompted by the City Clerkwhen it is time for a: i) closed session item, ii) agenda/general comments, iii) publichearing item, iv) special agenda item, or v) for Housing Authority item. You may requestto speak by dialing *9 from your phone or you may virtually raise your hand from Zoom.After the Clerk confirms the last three digits of the caller’s phone number or Zoom IDand unmutes them, the caller must press *6 or microphone icon to speak. Callers areencouraged, but not required, to identify themselves by name. Each caller will beprovided three (3) minutes to speak, unless due to the number of speakers wanting tospeak a decision is made to provide a different amount of time to speak.INPERSON OPTION Members of the public can provide inperson comments at thepodium in the Council Chamber. The Council Chamber will have seating available formembers of the public to attend the meeting inperson. Public comments are limited tothree (3) minutes per speaker, unless a different time is announced by the presidingchair. 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 beaccepted after the Public Comment Session begins without the permission of thepresiding chair.The following designated public comment periods are:1. LIVE PUBLIC COMMENTS ON CLOSED SESSION ITEMS – You can provide livecomments on closed session items by joining Zoom or the Conference Call as described inthe LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will openat 3:30 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL and raise your handBY 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. 2. LIVE PUBLIC COMMENTS ON REGULAR AGENDA ITEMS AND NONAGENDAITEMS (GENERAL PUBLIC COMMENT) – You can provide comments by joining Zoom orthe Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTSOPTION above. Speaker queue will open at 3:30 p.m. YOU MUST JOIN ZOOM OR THECONFERENCE CALL and raise your hand PRIOR TO 5:45 p.m. Speakers who are not inthe speaker queue with their hand raised by 5:45 p.m. will not be permitted to speak.3. LIVE PUBLIC COMMENTS ON PUBLIC HEARING ITEMS – You can providecomments by joining Zoom or the Conference Call as described in the LIVE or INPERSONPUBLIC COMMENTS OPTION above. Speakers not in the queue by 5:45 p.m. will not bepermitted to speak. 4. LIVE PUBLIC COMMENTS ON HOUSING AUTHORITY ITEMS – You can providecomments by joining Zoom or the Conference Call as described in the LIVE or INPERSONPUBLIC COMMENTS OPTION above. Speakers not in the queue by 5:45 p.m. will not bepermitted to speak. TRANSLATION SERVICES Spanish interpreting services are provided at CityCouncil meetings. Simultaneous Spanish interpretation is provided through the useof headsets and consecutive interpretation (SpanishtoEnglish) in addition to thosewishing 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 yla interpretación consecutiva (español a inglés) también está disponible paracualquiera que desee dirigirse al consejo municipal en el podio.About the AgendaTo download or view the attachments (staff report and other supporting documentation) foreach agenda item, you must select the agenda item to see the attachments to either open ina new link (the eyeball ) or download a pdf (the cloud symbol with the down arrow ).CLOSED SESSIONCALL TO ORDERATTENDANCE Council Members Phil BacerraJohnathan Ryan HernandezJessie LopezDavid PenalozaThai Viet PhanMayor Pro Tem Benjamin VazquezMayorValerie AmezcuaCity Manager Alvaro NuñezCity Attorney Sonia R. CarvalhoCity Clerk Jennifer L. HallROLL CALLADDITIONS\DELETIONS TO CLOSED SESSIONPUBLIC COMMENTS – Members of the public may address the City Council on ClosedSession items.RECESS – City Council will recess to Closed Session for the purpose of conducting regularCity business.CLOSED SESSION ITEMS – The Brown Act permits legislative bodies to discuss certainmatters without members of the public present. The City Council finds, based on advice fromthe City Attorney, that discussion in open session of the following matters will prejudice theposition of the City in existing and anticipated litigation:1.CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION pursuant toParagraph (1) of subdivision (d) of Section 54956.9 of the Government Code:A. Anchor Stone Christian Church v. City of Santa Ana, et al., United States DistrictCourt Case No. 8:25cv00215JWHDFM2.CONFERENCE WITH LEGAL COUNSEL – POTENTIAL INITIATION OF LITIGATIONpursuant to paragraph (4) of subdivision (d) of Government Code Section 54956.9:Three (3) cases – Drug Den Abatement Actions1502 E. 1st Street, Santa Ana (“El Tapatio”)1504 E. 1st Street, Santa Ana (“Royal Roman”)1519 E. 1st Street, Santa Ana (“Royal Grand”)3.PUBLIC EMPLOYEE EMPLOYMENT/APPOINTMENT pursuant to Section 54957(b)(1) of the Government Code:Title: Police Oversight Commission Independent Oversight DirectorRECONVENE – City Council will reconvene to continue regular City business.CITY COUNCIL REGULAR OPEN SESSIONCALL TO ORDERATTENDANCE Council Members Phil BacerraJohnathan Ryan HernandezJessie LopezDavid PenalozaThai Viet PhanMayor Pro Tem Benjamin VazquezMayorValerie AmezcuaCity Manager Alvaro NuñezCity Attorney Sonia R. CarvalhoCity Clerk Jennifer L. HallROLL CALLPLEDGE OF ALLEGIANCE Mayor AmezcuaWORDS OF INSPIRATION Pastor Johnny DunningADDITIONS\DELETIONS TO THE AGENDACEREMONIAL PRESENTATIONS1.Certificates of Recognition presented by Mayor Amezcua recognizing Santa Ana’sAnnual Youth Poster Contest Winners2.Proclamation presented by Mayor Pro Tem Vazquez to Santa Ana Active Streetsdeclaring May 2025 as National Bike Month3.Proclamation presented by Councilmember Bacerra and Councilmember Phandeclaring May 2025 as Asian American & Pacific Islander Heritage Month4.Proclamation presented by Councilmember Lopez to First 5 Orange County declaringMay 2025 as Early Childhood Month5.Certificates of Recognition presented by Councilmember Penaloza recognizing PioPico’s Inaugural Intermediate Sports Team for Exceptional SportsmanshipCLOSED SESSION REPORT – The City Attorney will report on any action(s) from ClosedSession.PUBLIC COMMENTS – Public comments will be held during the beginning of the meetingfor ALL comments on agenda and nonagenda items.CONSENT CALENDARRECOMMENDED ACTION: Approve staff recommendations on the followingConsent Calendar Items: 6 through 24 and waive reading of all resolutionsand ordinances. 6.Excused AbsencesDepartment(s): City Clerk’s OfficeRecommended Action: Excuse the absent members.7.Minutes from the Regular Meeting of May 6, 2025Department(s): City Clerk’s OfficeRecommended Action: Approve minutes.8.Regional and Unified Local Workforce Plans for Program Years (PY) 20252028 asRequired Under the Federal Title I Workforce Innovation and Opportunity ActDepartment(s): Community Development AgencyRecommended Action: Approve the Regional and Unified Local Workforce Plans forPY 20252028 and authorize the submission to the State as required by the federalWorkforce Innovation and Opportunity Act Title I grant.9.Local Area Subsequent Designation and Local Board Recertification Program Year(PY) 20252027Department(s): Community Development AgencyRecommended Action: Authorize the submission of the application for SubsequentLocal Area Designation and Local Board Recertification for PY 20252027.10.Quarterly Report of Investments as of March 31, 2025Department(s): Finance and Management ServicesRecommended Action: Receive and file.11.Quarterly Report of Contracts up to $50,000 for NonPublic Works and up to $500,000for Public Works Authorized by the City Manager as Permitted by Charter Section 421Department(s): Finance and Management ServicesRecommended Action: Receive and file Quarterly Report of Contracts entered intobetween January 1, 2025 to March 31, 2025.12.Contract to Cherry Bekaert Advisory LLC for Governmental Accounting StandardsBoard (GASB) Consulting Services (General Fund)Department(s): Finance and Management ServicesRecommended Action: Authorize the City Manager to execute an agreement withCherry Bekaert Advisory LLC to provide Consulting Services to implement newGASB standards for a total amount not to exceed $156,000 for a twoyear periodbeginning with the fiscal year ending June 30, 2025 through June 30, 2026, with aprovision for three, oneyear extensions for the fiscal years ending June 30, 2027,June 30, 2028, and June 30, 2029. (Agreement No. A2025XXX).13.Agreement with ProudCity for the Licensing of a Website Content ManagementSystem (CMS) and ServicesDepartment(s): Information TechnologyRecommended Action: Authorize the City Manager to execute an agreement withProudCity, Inc. for website content management system (CMS) software subscriptionsand professional services, for a threeyear term beginning July 1, 2025 and endingJune 30, 2028, for an annual amount not to exceed $103,827, for a total aggregateamount not to exceed $311,481 over the life of the agreement (Agreement No. A2025XXX).14.Agreement with StandUp for Kids to provide Rapid ReHousing Services Paired WithServices Coordination for Homeless Youth from the Age of Eighteen to TwentyFour(NonGeneral Fund)Department(s): Community Development AgencyRecommended Action: Approve an agreement with Standup for Kids OrangeCounty, in an amount not to exceed $375,000, for Rapid ReHousing and ServicesCoordination for a twoyear period, beginning May 20, 2025, and ending May 19,2027, with the option for the City to grant a oneyear renewal in writing by the CityManager and the City Attorney (Agreement No. A2025XXX).15.Historic Property Preservation Agreement for the Property Located at 2301 N.Westwood AvenueDepartment(s): Planning and Building AgencyRecommended Action: Authorize the City Manager to execute the attached MillsAct agreement with the belowreferenced property owner for the identified structure(s)(Agreement No. A2025XXX). [Includes determination that the proposed project isexempt from further review in accordance with the California Environmental QualityAct as Categorical Exemption/Environmental Review No. 202505 will be filed for theproject]Table 1: Mills Act Agreement Approved by the Historic Resources Commission(HRC)PropertyOwner(s)Historic PropertyPreservation Agreement No.Address/House Vote by HRCKevin T.Nguyen 202501 2301 N.WestwoodAvenue 6:0:0:1 (CommissionerPadilla absent)16.Agreement with Kim Turner, LLC for Recruitment, Training, and Staffing ConsultingServices (Specification No 25009) (NonGeneral Fund)Department(s): Police DepartmentRecommended Action: Authorize the City Manager to execute a oneyearagreement with Kim Turner, LLC, to provide recruitment, training, and staffingconsulting services for the period of May 20, 2025 through May 19, 2026, withprovisions for two, oneyear extensions, in an amount not to exceed $197,500(Agreement A2025XXX).17.Purchase Order to Tolar Manufacturing Company for Bus Shelters and RelatedAmenities (Specification No. 25063) (General Fund)Department(s): Public Works AgencyRecommended Action: Authorize a Purchase Order to Tolar ManufacturingCompany for bus shelters and related amenities, in a total amount not to exceed$250,000.18.Agreement with HDR Engineering, Inc. to Conduct the First Street MultimodalBoulevard Study (NonGeneral Fund)Department(s): Public Works AgencyRecommended Action: Authorize the City Manager to execute an agreement withHDR Engineering Inc. to provide traffic engineering and transportation planningservices for the First Street Multimodal Boulevard Study in the amount of $3,870,000,for a term beginning May 21, 2025 and ending on May 20, 2027, with the option fortwo, oneyear extensions (Agreement No. A2025XXX).19.Agreement with Robert D. Niehaus, Inc. for LongTerm Financial Planning and Waterand Sewer Cost of Service Study (Specification No. 25013) (NonGeneral Fund)Department(s): Public Works AgencyRecommended Action: Approve an agreement with Robert D. Niehaus, Inc. toconduct longterm financial planning and a water and sewer cost of service study foran amount not to exceed $130,850, for a term beginning May 20, 2025 and expiringMay 19, 2028, with a provision for two oneyear extensions (Agreement No. A2025XXX).20.Agreements with Butier Engineering, Inc., Z&K Consultants, Inc., Berg & Associates,Inc., Psomas, Willdan Engineering, and EEC Environmental for OnCall ConstructionManagement and Inspection Services (No. 25011) (NonGeneral Fund)Department(s): Public Works AgencyRecommended Action: Authorize the City Manager to execute agreements withButier Engineering, Inc., Z&K Consultants, Inc., Berg & Associates, Inc., Psomas,Willdan Engineering, and EEC Environmental for oncall construction managementservices and inspection services, for a shared aggregate amount not to exceed$1,500,000, for a term beginning May 21, 2025 and expiring May 20, 2028, withprovisions for two oneyear extensions (Core Agreement No. A2025XXX).21.First Amendment to Interagency Agreement with the Orange County Water Districtand Moulton Niguel Water DistrictDepartment(s): Public Works AgencyRecommended Action: Authorize the City Manager to execute the first amendmentto the agreement with Orange County Water District and Moulton Niguel WaterDistrict, to extend the term of the agreement to June 30, 2028, and to amend thescope of work to include a final design of the proposed infrastructure based on thepreliminary design analysis (Agreement No. A2025XXX).22.Second Amendment to the Waste Disposal Agreement with the County of Orange(NonGeneral Fund)Department(s): Public Works AgencyRecommended Action: Approve a second amendment to the Waste DisposalAgreement with the County of Orange for an additional oneyear term ending June 30,2026 for continued importation of waste to the County’s three landfills (Agreement No.A2025XXX).23.Resolution Authorizing the City of Santa Ana to Donate Surplus Public WorksEquipment to Sister City, Sahuayo de Morelos, Michoacán, MexicoDepartment(s): Public Works AgencyRecommended Action: Adopt a resolution authorizing the City of Santa Ana todonate surplus Public Works equipment to Sister City Sahuayo de Morelos,Michoacán, Mexico.RESOLUTION NO. 2025XXX entitled A RESOLUTION OF THE CITY COUNCIL OFTHE CITY OF SANTA ANA AUTHORIZING DONATION OF SURPLUS PUBLICWORKS EQUIPMENT TO SISTER CITY SAHUAYO DE MORELOS24.Second Reading of an Ordinance Adding Article XIV to Chapter 10 (Crimes andMiscellaneous Law Enforcement Provisions) of the Santa Ana Municipal CodeProhibiting the Sale or Distribution of Nitrous OxideFirst reading conducted at the May 6, 2025 City Council meeting and approved byvote of 70. Legal notice published in the OC Reporter on May 9, 2025.Department(s): Police DepartmentRecommended Action: Conduct a second reading and adopt an Ordinance addingArticle XIV to Chapter 10 (Crimes and Miscellaneous Law Enforcement Provisions) ofthe Santa Ana Municipal Code prohibiting the sale or distribution of Nitrous Oxide:ORDINANCE NO. NS3079 entitled AN ORDINANCE OF THE CITY COUNCIL OFTHE CITY OF SANTA ANA ADDING ARTICLE XIV TO CHAPTER 10 OF THESANTA ANA MUNICIPAL CODE (CRIMES AND MISCELLANEOUS LAWENFORCEMENT PROVISIONS) PROHIBITING THE SALE OR DISTRIBUTION OFNITROUS OXIDE [Includes determination that the ordinance is not subject to theCalifornia Environmental Quality Act (CEQA) pursuant to CEQA and Sections15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not result in adirect or reasonably foreseeable indirect change in the environment and is not a“project” as defined in Section 15378 of the CEQA Guidelines as well as pursuant tothe “common sense” exemption set forth in CEQA Guidelines Section 15061(b)(3)]**END OF CONSENT CALENDAR**BUSINESS CALENDAR25.Resolutions Supporting California Senate Bills 28 and 38 (Umberg), 569(Blakespear), and 757 (Richardson)Department(s): City Manager’s OfficeRecommended Action:Adopt the following resolutions in support of state legislative efforts aligned with theCity’s goals of enhancing the quality of life for residents through community safety,housing stability, and criminal justice reform:1. RESOLUTION NO. 2025XXX entitled A RESOLUTION OF THE CITY COUNCILOF THE CITY OF SANTA ANA IN SUPPORT OF CALIFORNIA SENATE BILLS 28AND 38 BY SENATOR THOMAS J. UMBERG TO STRENGTHEN TREATMENTCOURT STANDARDS AND REENTRY OPPORTUNITIES THROUGH THE SECONDCHANCE PROGRAM; and2. RESOLUTION NO. 2025XXX entitled A RESOLUTION OF THE CITY COUNCILOF THE CITY OF SANTA ANA SUPPORTING CALIFORNIA SENATE BILL 569 BYSENATOR CATHERINE BLAKESPEAR, THE HOMELESS ENCAMPMENTCOLLABORATION ACT, TO STRENGTHEN LOCAL COLLABORATION WITH THEDEPARTMENT OF TRANSPORTATION; and3. RESOLUTION NO. 2025XXX entitled A RESOLUTION OF THE CITY COUNCILOF THE CITY OF SANTA ANA IN SUPPORT OF SENATE BILL 757 BY SENATORSTEVEN RICHARDSON, THE LOCAL GOVERNMENT – NUISANCE ABATEMENT,TO EXPAND AND STRENGTHEN LOCAL AUTHORITY AND CONTROL26.Ordinance Adding Article XII Entitled Disclosure of Certain Enforcement Actions toChapter 2 of the Sana Ana Municipal Code Requiring Disclosure of Federal ElectionCommission and California Fair Political Practices Commission Enforcement ActionsDepartment(s): City Manager’s OfficeRecommended Action: Conduct a first reading and adopt an ordinance addingArticle XII entitled Disclosure of Certain Enforcement Actions to Chapter 2 of theSanta Ana Municipal Code requiring disclosure of Federal Election Commission andCalifornia Fair Political Practices Commission enforcement actions:ORDINANCE NO. NSXXXX entitled AN ORDINANCE OF THE CITY COUNCIL OFTHE CITY OF SANTA ANA ADDING ARTICLE XII ENTITLED DISCLOSURE OFCERTAIN ENFORCEMENT ACTIONS TO CHAPTER 2 OF THE SANTA ANAMUNICIPAL CODE REQUIRING DISCLOSURE OF FEDERAL ELECTIONCOMMISSION AND CALIFORNIA FAIR POLITICAL PRACTICES COMMISSIONENFORCEMENT ACTIONS FOR CERTAIN LICENSES, PERMITS OR OTHERENTITLEMENTS FOR USE **END OF BUSINESS CALENDAR** COUNCILMEMBER REQUESTED ITEMS 27.Discuss and Consider Providing Direction to the City Manager to Develop and Implement a Policy Requiring Immediate Disclosure of All ICE Courtesy Notifications Received by the Santa Ana Police Department – Councilmember Hernandez and Mayor Pro Tem Vazquez WORK STUDY SESSION 28.Fiscal Year 202526 Budget Work Study Session Department(s): Finance and Management Services Recommended Action: Discuss and provide further direction to staff. 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. FY2025/26 Budget Adoption 2. Tourism and Marketing District Renewal POSTING STATEMENT: On May 13, 2025, a true and correct copy of this agenda was posted at the entrance to City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. Internet Access to City Council, Agency, and Authority agendas and related material is available prior to meetings at santaana.org/agendasandminutes. City Council 13 5/20/2025 CITY COUNCIL 1 MAY 06, 2025 DRAFT Minutes of the Regular Meeting of the City Council City of Santa Ana, California May 6, 2025 CLOSED SESSION MEETING – 4:00 P.M. REGULAR OPEN MEETING – 5:30 P.M. (Immediately following the Closed Session Meeting) CITY COUNCIL CHAMBER 22 Civic Center Plaza Santa Ana, CA 92701 CLOSED SESSION CALL TO ORDER MINUTES: Mayor Pro Tem Vazquez called the Closed Session meeting to order at 4:16 P.M. ATTENDANCE Council Members Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez David Penaloza Thai Viet Phan Mayor Pro Tem Benjamin Vazquez Mayor Valerie Amezcua City Manager Alvaro Nuñez City Attorney Sonia R. Carvalho City Clerk Jennifer L. Hall ROLL CALL MINUTES: City Clerk Jennifer L. Hall conducted roll call. Councilmembers Bacerra, Hernandez, and Phan, and Mayor Pro Tem Vazquez were present. Councilmembers Lopez and Penaloza, and Mayor Amezcua arrived during Closed Session. City Council 7 – 1 5/20/2025 CITY COUNCIL 2 MAY 06, 2025 ADDITIONS\DELETIONS TO CLOSED SESSION MINUTES: City Attorney Sonia Carvalho announced additional information was received for Closed Session Item No. 1, pertaining to Anchor Stone Christian Church, and the item has been withdrawn from consideration tonight. PUBLIC COMMENTS – Members of the public may address the City Council on Closed Session items. MINUTES: None. RECESS – City Council will recess to Closed Session for the purpose of conducting regular City business. MINUTES: Mayor Pro Tem Vazquez recessed to consider the Closed Session items at 4:17 P.M. CLOSED SESSION ITEMS – The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation: 1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code: A. Anchor Stone Christian Church v. City of Santa Ana, et al., United States District Court Case No. 8:25-cv-00215-JWH-DFM 2. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a): Agency Negotiator: Lori Schnaider, Executive Director of Human Resources Employee Organization: Confidential Association of Santa Ana (CASA) 3. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a): Agency Negotiator: Lori Schnaider, Executive Director of Human Resources Employee Organization: Santa Ana Middle Management / Administrative Management Association (SAMA) 4. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a): Agency Negotiator: Lori Schnaider, Executive Director of Human Resources Employee Organization: Santa Ana Police Management Association (PMA) City Council 7 – 2 5/20/2025 CITY COUNCIL 3 MAY 06, 2025 5. PUBLIC EMPLOYEE - PERFORMANCE EVALUATION pursuant to Government Code Section 54957(b)(1): TITLE: City Attorney, City Clerk, and City Manager 6. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a): Agency Designated Representative: Lori Schnaider, Executive Director of Human Resources Unrepresented Employee: City Attorney, City Clerk, and City Manager 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 6:19 P.M. ATTENDANCE Councilmembers Mayor Pro Tem Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez David Penaloza Thai Viet Phan Benjamin Vazquez 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, Phan, Mayor Pro Tem Vazquez, and Mayor Amezcua were present. PLEDGE OF ALLEGIANCE Victor Perez WORDS OF INSPIRATION Community Development Director Michael Garcia City Council 7 – 3 5/20/2025 CITY COUNCIL 4 MAY 06, 2025 ADDITIONS\DELETIONS TO THE AGENDA MINUTES: City Manager Alvaro Nuñez requested Public Hearing Agenda Item No. 21 be postponed to the June 3, 2025 City Council meeting. Mayor Amezcua asked the City Attorney whether the council has the ability to postpone Item No. 21. City Attorney Sonia Carvalho stated council has the ability to postpone Item No. 21 by either opening the public hearing to continue it or choose not to open the public hearing which would require republishing the item. Mayor Amezcua asked City Attorney Carvalho to confirm whether there was a response from the Fair Political Practices Commission (FPPC) regarding Councilmember Penaloza and Councilmember Lopez. City Attorney Carvalho confirmed correspondence was received from the Fair Political Practices Commission (FPPC) for both Councilmember Penaloza and Councilmember Lopez, stated Councilmember Lopez will continue efforts to resolve the conflict, and recommended council open the public hearing and continue it to the meeting of June 3, 2025. Mayor Amezcua stated the importance of the item and would like all council members who are able to participate to have the opportunity to provide input. Councilmember Phan recused herself as her employer Rutan and Tucker represents some property owners in the area and left the dais at 6:24 P.M. Councilmember Lopez recused herself per the Levine Act. Councilmember Penaloza requested the name of the donors in conflict for transparency purposes. Discussion ensued regarding campaign contribution transparency, the Levine Act, and the review process by FPPC. Councilmember Lopez left the dais at 6:30 P.M. City Attorney Carvalho clarified the requirement to publicly state the conflict at the dais once a decision is made based on the determination of the FPPC and provided additional clarification on the Levine Act. Councilmember Penaloza stated his request for conflict review has been cleared by the FPPC. City Council 7 – 4 5/20/2025 CITY COUNCIL 5 MAY 06, 2025 AGENDA ITEM NO. 21 MOVED OUT OF ORDER MOTION: Councilmember Bacerra moved to continue Public Hearing Item No. 21 to the June 3, 2025 City Council meeting, seconded by Councilmember Hernandez. The motion carried, 5-0-2, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PENALOZA, MAYOR PRO TEM VAZQUEZ, MAYOR AMEZCUA NONE COUNCILMEMBER LOPEZ (recusal), COUNCILMEMBER PHAN (recusal) NONE Status: 5 – 0 – 2 – Pass MINUTES: Councilmembers Lopez and Phan returned to the dais at 6:36 P.M. CEREMONIAL PRESENTATIONS 1. Certificate of Recognition presented by Mayor Amezcua recognizing Reimagine for 75-years of Outstanding Contributions to the Community MINUTES: Mayor Amezcua presented a certificate of recognition to Reimagine for 75-years of outstanding contributions to the community. 2. Proclamation presented by Councilmember Hernandez to Mark and James Vahradian in Honor of the Late Jack Vahradian MINUTES: Councilmember Hernandez presented a proclamation to Mark and James Vahradian in honor of the late Jack Vahradian. 3. Certificate of Recognition presented by Councilmember Lopez recognizing The Center for Teacher Education on their 25-Year Anniversary MINUTES: Councilmember Lopez presented a certificate of recognition to The Center for Teacher Education on their 25-Year Anniversary. 4. Proclamation presented by Councilmember Phan to Santa Ana’s Parks, Recreation, and Community Services Aquatics Team declaring May 2025 as Water Safety Drowning Prevention Month MINUTES: Councilmember Phan presented a proclamation to Santa Ana’s Parks, Recreation, and Community Services Aquatics Team declaring May 2025 as Water Safety Drowning Prevention Month. City Council 7 – 5 5/20/2025 CITY COUNCIL 6 MAY 06, 2025 CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed Session. MINUTES: City Attorney Sonia Carvalho stated there was no reportable action. 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: one (1) Agenda Item No. 17, two (2) Agenda Item No. 20, two (2) Agenda No. 23, two (2) Agenda Item No. 24, four (4) Agenda Item No. 25, and (15) non-agenda comments. The following speakers addressed City Council in-person: 1. Cherie Kerr spoke regarding the parking situation at the Orange County School of the Arts and her organization, the Orange County Crazies. She expressed concern regarding public safety and possible code violations. 2. Dan Robinson expressed concern regarding public safety in the City related to Alejandro Acosta Oliveros. 3. Sandra DeAnda expressed concern regarding information being withheld by the City and the Police Department related to ICE activity in the community and spoke regarding ICE activity within the City. 4. Casey Conway spoke regarding data released from a public records request related to ICE activity within the community. 5. Oscar Torres expressed concern regarding short-term rentals and Airbnbs and addressed gaps in the ordinance related to short-term rentals. 6. Victor Mendez spoke regarding Agenda Item No. 23, expressing concern regarding communication efforts related to the East First Rehab Project. The following speaker addressed City Council via teleconference: 7. Patricia DeSantos spoke regarding community oversight for monies related to the Bristol Related Project. RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 5 through 19 and waive reading of all resolutions and ordinances. MINUTES: At 7:28 P.M., the Consent Calendar was considered. CONSENT CALENDAR City Council 7 – 6 5/20/2025 CITY COUNCIL 7 MAY 06, 2025 Councilmember Hernandez announced a “No” vote on Agenda Item No. 14. Councilmember Bacerra pulled Agenda Item Nos. 7 and 8 for separate discussion and consideration. Councilmember Phan recused herself from Agenda Item Nos. 10 and 19 as the listed entities, Falck Mobile Health Corporation and City Ventures Homebuilding, LLC, are clients of her employer, Rutan and Tucker. Councilmember Penaloza recused himself from Agenda Item No. 8 as the listed entity, Guaranty Chevrolet Motors, Inc., has made contributions to his campaign within the past 12 months. Councilmember Lopez pulled Agenda Item No. 15 for separate discussion and consideration. Mayor Pro Tem Vazquez pulled Agenda Item No. 15 for separate discussion and consideration. MOTION: Councilmember Hernandez moved to approve Consent Calendar Item Nos. 5 through 19 with the exception of Agenda Item Nos. 7, 8, and 15 pulled for separate discussion and consideration, 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 PHAN MAYOR PRO TEM VAZQUEZ, MAYOR AMEZCUA NONE NONE NONE Status: 7 – 0 – Pass 5. Excused Absences Department(s): City Clerk’s Office Recommended Action: Excuse the absent members. 6. Minutes from the Regular Meeting of April 15, 2025 Department(s): City Clerk’s Office Recommended Action: Approve minutes. City Council 7 – 7 5/20/2025 CITY COUNCIL 8 MAY 06, 2025 AGENDA ITEM NO. 7 WAS PULLED FOR SEPARATE DISCUSSION AND CONSIDERATION 7. City of Santa Ana 2024 General Plan Annual Progress Report Department(s): Planning and Building Agency Recommended Action: 1. Receive and file the City of Santa Ana 2024 General Plan Annual Progress Report; and 2. Authorize staff to submit the City of Santa Ana 2024 General Plan Annual Progress Report to the State of California Department of Housing and Community Development (HCD) and the Office of Planning and Research (OPR). MINUTES: Councilmember Bacerra thanked staff and highlighted the launch of same-day express permit services (PBX) for certain residential and commercial projects, completion of the first round of stakeholder engagement for the comprehensive zoning code update, formation of the Environmental Justice Action Committee, the opening of Gerardo Mouet Park, and housing production allocations included in the General Plan update, and spoke in support of the item. MOTION: Mayor Pro Tem Vazquez moved to approve the recommended action for Item No. 7, seconded by Mayor Amezcua. The motion carried, 6-0-0-1, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, MAYOR PRO TEM VAZQUEZ, MAYOR AMEZCUA NONE NONE COUNCILMEMBER LOPEZ Status: 6 – 0 – 0 – 1 – Pass AGENDA ITEM NO. 8 WAS PULLED FOR SEPARATE DISCUSSION AND CONSIDERATION 8. Purchase Order Contracts to Guaranty Chevrolet Motors, Inc. for Nine (9) Chevrolet Vehicles and Selman Chevrolet Company for Seven (7) Chevrolet Vehicles (Spec No. 25-017) (General Fund & Non-General Fund) Department(s): Public Works Agency City Council 7 – 8 5/20/2025 CITY COUNCIL 9 MAY 06, 2025 Recommended Action: 1. Authorize a purchase order to Guaranty Chevrolet Motors, Inc. for nine new 2025 Chevrolet Colorado Trucks, in an amount of $360,093, plus a contingency amount of $45,000, for a total amount not to exceed $405,093. 2. Authorize a purchase order to Selman Chevrolet Company for six new 2025 Chevrolet Equinox EVs, and one new or unused 2025 Chevrolet Traverse, in an amount of $299,229, plus a contingency amount of $35,000, for a total amount not to exceed $334,229. MINUTES: Councilmember Penaloza recused himself from Agenda Item No. 8 as the listed entity, Guaranty Chevrolet Motors, Inc., has made a campaign contribution within the past 12 months, and left the dais at 7:35 P.M. Councilmember Bacerra expressed concern regarding the proposed 12% contingency listed and expressed support for the item without the contingency amount. Public Works Director Nabil Saba explained the 12% contingency. City Manager Alvaro Nuñez addressed Council’s concerns regarding the 12% contingency and explained the reasoning behind the contingency process. Mayor Amezcua expressed concern regarding the proposed 12% contingency and spoke in opposition to the item with the 12% contingency. Councilmember Phan inquired regarding the frequency a contingency amount has been expended and spoke in support of the item. Director Saba confirmed the contingencies are rarely used. Councilmember Hernandez spoke in support of the item. Mayor Amezcua asked how many times contingency amounts have been used. Director Saba explained he needs to check with his staff to confirm exact number. Mayor Pro Tem Vazquez requested a report of the number of the times a contingency amount has been spent and how much was spent. MOTION: Councilmember Phan moved to approve the recommended action for Item No. 8, seconded by Councilmember Hernandez. The motion carried, 5-1-1, by the following roll call vote: City Council 7 – 9 5/20/2025 CITY COUNCIL 10 MAY 06, 2025 AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER HERNANDEZ, COUNCILMEMBER LOPEZ, COUNCILMEMBER PHAN, MAYOR PRO TEM VAZQUEZ, MAYOR AMEZCUA COUNCILMEMBER BACERRA COUNCILMEMBER PENALOZA (recusal) NONE Status: 5 – 1 – 1 – Pass MINUTES: Councilmember Penaloza returned to the dais at 7:53 P.M. 9. Agreement with Hinderliter, de Llamas and Associates (“HdL”) for Business License Tax and Fee Software Services (Specification No. 23-165) (General Fund & Non-General Fund) Department(s): Finance and Management Services Recommended Action: Authorize the City Manager to execute an agreement with Hinderliter, de Llamas and Associates (“HdL”) to provide business license tax and fee software services in an amount not to exceed $1,557,525, for a five-year term beginning April 15, 2025 and expiring April 14, 2030, with provisions for one 2-year extension, followed by two 1-year extensions (Agreement No. A-2025-053). 10. First Amendment to Agreement with Falck Mobile Health Corporation dba CARE Ambulance Service to Provide Expanded Ground Non-Emergency Medical Transportation Services for the Santa Ana Police Department and Provision of Ambulance Compliance Data to Orange County Emergency Medical Services Department(s): Finance and Management Services Recommended Action: Authorize the City Manager to execute an Amendment to the Agreement with Falck Mobile Health Corporation dba CARE to add on the contract’s Scope of Work for Santa Ana Police Department ground non-emergency medical transportation services and monthly provision of Ambulance Compliance Data to Orange County Emergency Medical Services (Agreement No. A-2025- 054). MOTION: Councilmember Hernandez moved to approve the recommended action for Item No. 10 as part of the Consent Calendar, seconded by Councilmember Bacerra. The motion carried, 6-0-1, by the following roll call vote: City Council 7 – 10 5/20/2025 CITY COUNCIL 11 MAY 06, 2025 AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER LOPEZ, COUNCILMEMBER PENALOZA, MAYOR PRO TEM VAZQUEZ, MAYOR AMEZCUA NONE COUNCILMEMBER PHAN (recusal) NONE Status: 6 – 0 – 1 – Pass 11. First Amendment to the Memorandum of Understanding between the City of Santa Ana and the Santa Ana Police Management Association Department(s): Human Resources Recommended Action: Authorize the City Manager to execute a First Amendment to the Memorandum of Understanding (MOU) between the City of Santa Ana and the Santa Ana Police Management Association (PMA) for the period of January 1, 2022 through June 30, 2025, modifying and delineating specific articles of the MOU (Agreement No. A-2025-055). 12. Third Amendment to City Clerk Employment Agreement Department(s): Human Resources Recommended Action: Approve a third amendment to the City Clerk Employment Agreement reflecting the positive City Clerk performance evaluation conducted on April 15, 2025 and approving an increase to the City Clerk in the amount of deferred compensation provided by the City (Agreement No. A-2025- 056). MINUTES: City Clerk Jennifer L. Hall announced that Item No. 12 included an increase to the City provided deferred compensation for the City Clerk, effective April 15, 2025. 13. Agreement with Contemporary Services Corporation for Security Services for City Special Events (Specification No. 24-138) (General Fund) Department(s): Parks, Recreation, and Community Services Recommended Action: Authorize the City Manager to execute an agreement with Contemporary Services Corporation to provide security services for City special events in an amount not to exceed $500,000, for a three-year term beginning May 6, 2025 and expiring May 5, 2028, with provisions for two, one-year extensions (Agreement No. A-2025-057). City Council 7 – 11 5/20/2025 CITY COUNCIL 12 MAY 06, 2025 14. Agreement with SenseMakers, LLC to Provide Training Exercise Services for the Urban Area Security Initiative Grant Program FY2023 - FY2027 (Specification No. 25-024A) (Non-General Fund) Department(s): Police Department Recommended Action: Authorize the City Manager to execute a three-year agreement, with two, one-year renewal options, with SenseMakers, LLC to provide on-going training deliverables to the Anaheim/Santa Ana Urban Area on an as- needed basis, for the period of May 6, 2025 through May 5, 2028 in an aggregate amount not to exceed $433,619 (Agreement No. A-2025-058). MOTION: Councilmember Hernandez moved to approve the recommended action for Item No. 14 as part of the Consent Calendar, seconded by Councilmember Bacerra. The motion carried, 6-1, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER BACERRA, COUNCILMEMBER LOPEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN MAYOR PRO TEM VAZQUEZ, MAYOR AMEZCUA COUNCILMEMBER HERNANDEZ NONE NONE Status: 6 – 1 – Pass AGENDA ITEM NO. 15 WAS PULLED FOR SEPARATE DISCUSSION AND CONSIDERATION 15. Agreements with Flock Group, Inc. and Motorola Solutions, Inc. for Automated License Plate Recognition Camera Installation and Maintenance Services (Specification No. 25-034) (Non-General Fund) Department(s): Police Department Recommended Action: 1. Authorize the City Manager to execute a three-year agreement with Flock Group, Inc. to provide automated license plate recognition camera installation and maintenance services, for the estimated period of May 6, 2025 through May 5, 2028, with provision for one, two-year extension, for an amount of $196,560 plus a contingency amount of $15,000, for a total amount not to exceed $211,560. (Agreement No. A-2025-059). 2. Authorize the City Manager to execute a five-year agreement with Motorola Solutions, Inc. to provide automated license plate recognition camera installation and maintenance services, for the estimated period of May 6, 2025 through May 5, 2030, for an amount of $454,099 plus a contingency amount of $40,000, for a total amount not to exceed $494,099. (Agreement No. A-2025- 060). City Council 7 – 12 5/20/2025 CITY COUNCIL 13 MAY 06, 2025 MINUTES: Councilmember Lopez expressed concern with the third-party vendor data sharing, records retention, and personal identifying information collected by the Automated License Plate Reader (ALPR) system. Mayor Pro Tem Vazquez expressed concern regarding third-party data sharing and spoke regarding the importance of having safeguards in place related to data sharing. Mayor Amezcua spoke regarding the positive impacts of the automated license plate recognition system to the community and spoke in support of the item. Deputy Police Chief Julian Rodriguez spoke regarding the ALPR system. Councilmember Hernandez spoke regarding privacy versus policing, ALPR systems’ history, and misuse of the system, echoed Councilmember Lopez’s concerns, inquired about potential public records request and data retention, and spoke in opposition to the item. Councilmember Phan asked who within the Police Department would have access to ALPR system data, spoke regarding auditing data retrieval logs, asked for clarification regarding the records retention, and recommended adopting a policy for a one-year retention. Deputy Chief Rodriguez addressed concerns regarding the system’s data accessibility, records retention, and facial recognition. Mayor Amezcua spoke in support of the item and suggested a policy in the event of willful misuse of the ALPR system. MOTION: Councilmember Hernandez moved to reject the recommended action for Item No. 15, seconded by Mayor Pro Tem Vazquez. MINUTES: Councilmember Bacerra spoke regarding the importance of collaborating with surrounding Orange County agencies and spoke in support of the item. Councilmember Penaloza spoke regarding the system’s beneficial impacts to the community and spoke in support of the item. Mayor Amezcua supported the item. Councilmember Lopez stated her opposition to the item and reiterated her concern regarding the data sharing stipulated in the proposed contract. Police Chief Robert Rodriguez clarified specifications of the contract related to data sharing. City Council 7 – 13 5/20/2025 CITY COUNCIL 14 MAY 06, 2025 SUBSTITUTE MOTION: Councilmember Phan moved to approve the recommended action for Item No. 15, as amended with a one year update from staff, seconded by Mayor Amezcua. The substitute motion carried, 4-3, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER BACERRA, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, MAYOR AMEZCUA COUNCILMEMBER HERNANDEZ, COUNCILMEMBER LOPEZ, MAYOR PRO TEM VAZQUEZ NONE NONE Status: 4 – 3 – Pass 16. Service Agreement with Siemens Industry, Inc. for HVAC and Lighting Control Systems Maintenance (Non-General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with Siemens Industry, Inc., for HVAC and Lighting Control System maintenance services in the amount of $705,649, plus a contingency amount of $70,565, for a total amount not to exceed $776,214 for a term beginning July 1, 2025 and expiring June 30, 2026, with provisions for four, one-year extensions (Agreement No. A- 2025-061). 17. Agreements with Transportation Studies, Inc. and National Data & Surveying Services for Traffic Counting Services (Non-General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute agreements with Transportation Studies, Inc. and National Data & Surveying Services for traffic counting services, in an aggregate amount not to exceed $500,000, for a term beginning May 6, 2025 and ending on May 5, 2028, with the option for two, one- year extensions (Agreement Nos. A-2025-062 and A-2025-063). 18. First Amendment with California Barricade Rentals, Inc. dba California Barricade and Statewide Traffic Safety and Signs dba AWP Safety for On-Call Traffic Control Services Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute the first amendment to the standard agreements with California Barricade Rentals, Inc. and Statewide Traffic Safety and Signs to provide On-Call Traffic Control Services and update rates based on Consumer Price Index and/or Prevailing Wages as set by the California Department of Industrial Relations, for the remaining term of the agreement, and increase the contract amount by $510,000, for a total amount not to exceed $1,010,000 (Agreement Nos. A-2025-064 and A-2025-065). City Council 7 – 14 5/20/2025 CITY COUNCIL 15 MAY 06, 2025 19. Resolution and Density Bonus Agreement No. 2024-02 Property Located at 510 and 520 N Harbor Boulevard in Specific Plan No. 2 Department(s): Planning and Building Agency Recommended Action: 1. Adopt a resolution approving Density Bonus No. 2024-02 as conditioned; RESOLUTION NO. 2025-013 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING DENSITY BONUS AGREEMENT NO. 2024-02 FOR A FORTY-FIVE UNIT SINGLE-FAMILY ATTACHED TOWNHOME DEVELOPMENT LOCATED AT 510 AND 520 NORTH HARBOR BOULEVARD (APN: 100-631-05 & 100-631-04) 2. Determine that, pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the recommended action is exempt from further review under Section 15195 (Residential Infill Exemption), as this project meets all the threshold criteria set forth in Section 15192 (Threshold Requirements for Exemption); and 3. Authorize the City Manager to execute a Density Bonus Agreement with Alminlo Properties, LLC, for a 55-year term, for a for-sale residential development consisting of forty-five (45) attached for-sale townhomes, which includes five (5) units designated as affordable to moderate-income households at 510 and 520 N. Harbor Boulevard (Agreement No. A-2025-066). MOTION: Councilmember Hernandez moved to approve the recommended action for Item No. 19, as part of the Consent Calendar, seconded by Councilmember Bacerra. The motion carried, 6-0-1, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER LOPEZ, COUNCILMEMBER PENALOZA, MAYOR PRO TEM VAZQUEZ, MAYOR AMEZCUA NONE COUNCILMEMBER PHAN (recusal) NONE Status: 6 – 0 – 1 – Pass **END OF CONSENT CALENDAR** City Council 7 – 15 5/20/2025 CITY COUNCIL 16 MAY 06, 2025 MINUTES: At 8:05 P.M., the Business Calendar was considered. 20. Ordinance Adding Article XIV to Chapter 10 (Crimes and Miscellaneous Law Enforcement Provisions) of the Santa Ana Municipal Code Prohibiting the Sale or Distribution of Nitrous Oxide Department(s): Police Department Recommended Action: Conduct a first reading and adopt an ordinance adding Article XIV to Chapter 10 (Crimes and Miscellaneous Law Enforcement Provisions) of the Santa Ana Municipal Code prohibiting the sale or distribution of nitrous oxide: ORDINANCE NO. NS-3079 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADDING ARTICLE XIV TO CHAPTER 10 OF THE SANTA ANA MUNICIPAL CODE (CRIMES AND MISCELLANEOUS LAW ENFORCEMENT PROVISIONS) PROHIBITING THE SALE OR DISTRIBUTION OF NITROUS OXIDE MINUTES: Mayor Amezcua thanked Orange County Board of Supervisor Katrina Foley and spoke in support of the item. Councilmember Hernandez thanked Orange County Board of Supervisors Vicente Sarmiento and Katrina Foley and spoke in support of the item. Mayor Pro Tem Vazquez requested a public heath campaign to educate the youth, proposed a restorative justice program, require demographic reporting on citations, and requested a change to the age provision to 21. Mayor Amezcua requested the age limit be 18. Councilmember Lopez thanked Orange County Board of Supervisors Vicente Sarmiento and Katrina Foley and spoke in support of the item. Councilmember Penaloza thanked Orange County Board of Supervisor Katrina Foley and city staff and spoke in support of the item. Councilmember Phan spoke in support of age provision being 18. MOTION: Councilmember Hernandez moved to approve the recommended action for Item No. 20, as amended to include a public heath campaign, demographic reporting on citations, and limiting sales to those over the age of 18, seconded by Mayor Amezcua. The motion carried, 7-0, by the following roll call vote: BUSINESS CALENDAR City Council 7 – 16 5/20/2025 CITY COUNCIL 17 MAY 06, 2025 AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER LOPEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, MAYOR PRO TEM VAZQUEZ, MAYOR AMEZCUA NONE NONE NONE Status: 7 – 0 – Pass **END OF BUSINESS CALENDAR** PUBLIC COMMENTS – Members of the public may address the City Council on each of the Public Hearing items. AGENDA ITEM NO. 21 WAS CONTINUED TO THE JUNE 3, 2025 CITY COUNCIL MEETING (see page 4-5) 21. Resolution to Make Findings and Adopt Addendum to the Transit Zoning Code Environmental Impact Report (State Clearinghouse Number No. 2006071100), Zoning Ordinance Amendment (ZOA) No. 2024-02 and Amendment Application (AA) No. 2024-03 Amending Certain Sections of Article XIX (The Transit Zoning Code, Specific Development No. 84) of Chapter 41 (Zoning) of the Santa Ana Municipal Code (SAMC) Addressing Industrial Land Uses, Nonconformities, and Operating Standards, and Amending the City of Santa Ana Zoning Map to Remove the Light Industrial (M1) and Heavy Industrial (M2) Suffixes from Certain Properties Within the SD-84 District Boundary Public Hearing continued from April 1, 2025 City Council meeting and notice was posted on April 2, 2025. Department(s): Planning and Building Agency Recommended Action: 1. Adopt a resolution to make findings pursuant to Public Resources Code and to adopt the Addendum to the Transit Zoning Code Environmental Impact Report (State Clearinghouse Number No. 2006071100). Pursuant to the California Environment Quality Act (CEQA), and based on independent review and analysis, and the administrative record as a whole, that, in exercising its independent judgement, amend TZC SD-84 Final EIR with an addendum that the City Council find that pursuant to CEQA Guidelines Section 15162, no subsequent Environmental Impact Report (EIR) is required for the adoption of the proposed Ordinances; and pursuant to CEQA Guidelines Section 15164, an addendum to the Transit Zoning Code EIR was accordingly prepared. PUBLIC HEARINGS City Council 7 – 17 5/20/2025 CITY COUNCIL 18 MAY 06, 2025 RESOLUTION NO. 2025-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO MAKE FINDINGS PURSUANT TO PUBLIC RESOURCES CODE SECTION 21166 AND TO ADOPT THE ADDENDUM TO THE TRANSIT ZONING CODE ENVIRONMENTAL IMPACT REPORT (STATE CLEARINGHOUSE NUMBER NO. 2006071100) 2. Adopt an ordinance to approve Zoning Ordinance Amendment (ZOA) No. 2024- 02 amending certain sections of Article XIX (The Transit Zoning Code, Specific Development No. 84 (SD-84)) of Chapter 41 (Zoning) of the Santa Ana Municipal Code including amendments to the regulations, overlay districts and maps in the zoning district; modifying the authorized land uses and permit types; establishing revised non-conforming use regulations, including the addition of an amortization/termination of use process and adding operational standards for certain permitted and non-conforming uses. ORDINANCE NO. NS-XXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING ZONING ORDINANCE AMENDMENT NO. 2024-02, AMENDING CERTAIN SECTIONS OF CHAPTER 41 (ZONING) OF ARTICLE XIX OF THE SANTA ANA MUNICIPAL CODE RELATED TO THE REGULATIONS, OVERLAY DISTRICTS AND MAPS IN THE TRANSIT ZONING CODE/SPECIFIC DEVELOPMENT (SD) NO. 84 ZONING DISTRICT; MODIFYING THE AUTHORIZED LAND USES AND PERMIT TYPES; ESTABLISHING REVISED NONCONFORMING USE REGULATIONS, INCLUDING THE ADDITION OF AN AMORTIZATION/TERMINATION OF USE PROCESS AND ADDING OPERATIONAL STANDARDS FOR CERTAIN PERMITTED AND NONCONFORMING USES 3. Adopt an ordinance to approve Amendment Application (AA) No. 2024-03 amending the zoning by removing the M1(Light Industrial) and M2 (Heavy Industrial) suffixes from certain properties within the SD-84 zoning district boundary as designated on the City of Santa Ana Zoning Map. ORDINANCE NO. NS-XXXX entitled AMENDMENT APPLICATION (AA) NO. 2024-03 – AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SANTA ANA BY REMOVING THE M1 (LIGHT INDUSTRIAL) AND M2 (HEAVY INDUSTRIAL) SUFFIXES FROM CERTAIN PROPERTIES WITHIN THE SD-84 ZONING DISTRICT BOUNDARY 22. Approve the Tax Equity Fiscal Responsibility Act (TEFRA) Resolution Hearing for North Harbor Housing Partners LP (the “Borrower”) a Partnership of which Jamboree Housing Corporation (the “Developer”), Consisting at Least the Developer or a Related Person to the Developer and One or More Limited Partners Legal Notice published in the OC Reporter on April 25, 2025. City Council 7 – 18 5/20/2025 CITY COUNCIL 19 MAY 06, 2025 Department(s): Community Development Agency Recommended Action: 1. Conduct a Tax Equity and Financial Responsibility Act (TEFRA) Hearing in consideration of the issuance of tax exempt bond financing by the California Municipal Finance Authority (the “CMFA”) on behalf of North Harbor Housing Partners LP (or the “Borrower”), for the benefit of Estrella Springs Apartment, FKA North Harbor Village Apartments (the “Project”) to finance or refinance the acquisition, construction, improvement and equipping of Estrella Springs, a multifamily rental housing project located at 1108 North Harbor Boulevard, Santa Ana (the “Project”). 2. Adopt a resolution approving the issuance of revenue bonds by the CMFA in an amount not to exceed $30,000,000 to finance or refinance the acquisition, construction, improvement and equipping of a multifamily rental housing project located at 1108 North Harbor Boulevard, Santa Ana, California (the “Project”). RESOLUTION NO. 2025-014 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE ISSUANCE BY THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY OF EXEMPT FACILITY BONDS FOR ESTRELLA SPRINGS 3. Preauthorize the City Manager to execute a future Subordination Agreement with JP Morgan Chase Bank, N.A. for the City’s Community Development Block Grant loan agreement with North Harbor Housing Partners LP. MINUTES: Councilmember Phan announced her recusal as the listed entity is a client of her employer, Rutan and Tucker, and left the dais at 9:04 P.M. Mayor Amezcua opened the Public Hearing at 9:05 P.M. City Clerk Jennifer L. Hall stated there were no comments. Mayor Amezcua closed the Public Hearing at 9:05 P.M. MOTION: Councilmember Hernandez moved to approve the recommended action for Public Hearing Item No. 22, seconded by Mayor Amezcua. The motion carried, 6-0-1, by the following roll call vote: City Council 7 – 19 5/20/2025 CITY COUNCIL 20 MAY 06, 2025 AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER LOPEZ, COUNCILMEMBER PENALOZA, MAYOR PRO TEM VAZQUEZ, MAYOR AMEZCUA NONE COUNCILMEMBER PHAN (recusal) NONE Status: 6 – 0 – 1 – Pass MINUTES: Councilmember Phan returned to the dais at 9:06 P.M. **END OF PUBLIC HEARINGS** COUNCILMEMBER REQUESTED ITEMS 23. Discuss and Consider Directing the City Manager to Direct City Staff to Draft and Bring Back an Ordinance for Council Consideration That Would Require Monthly City Inspections of Permanent Supportive Housing Communities Within the City of Santa Ana and the Posting of the Results of Those Inspections on the City of Santa Ana’s Website – Councilmember Bacerra MINUTES: Councilmember Bacerra gave a brief report regarding an ordinance that would require monthly City inspections of permanent supportive housing communities and posting of the results on the city website. He requested the item come forward at the August 5, 2025 City Council meeting. Mayor Amezcua spoke in support of the item and requested when then item comes back that it does not put the City in violation of the government code or HUD services. City Attorney Sonia Carvalho stated she will work with staff and carefully review any potential legal issues. Councilmember Phan requested additional information regarding potential ligation risks and associated fees related to process and data from the Police Department before requesting staff draft an ordinance. Councilmembers Penaloza and Lopez echoed previous comments. Mayor Pro Tem Vazquez spoke in support of additional information and addressing the issue. 24. Discuss and Consider Directing the City Manager and City Attorney to Direct Staff to Prepare an Ordinance Amending the Sign Code to Allow the Use of an A-Frame in Designated Commercial Areas– Councilmember Lopez MINUTES: Councilmember Lopez gave a brief report regarding drafting an ordinance amending the sign code to allow the use of A-Frames for small business owners in designated commercial areas. City Council 7 – 20 5/20/2025 CITY COUNCIL 21 MAY 06, 2025 Councilmember Hernandez spoke in support of the item and the beneficial impacts to the community. Councilmember Bacerra spoke regarding ADA concerns, designated commercial areas, and parkways. Mayor Amezcua spoke regarding ADA concerns and compliance. Mayor Pro Tem Vazquez spoke in support of the item, however expressed ADA concerns. Councilmember Phan requested design guidelines. Councilmember Penaloza requested looking into the entire sign ordinance City Manager Alvaro Nuñez stated he would bring back the item in August. AGENDA ITEM NO. 25 WAS CONTINUED TO THE MAY 15, 2025 SPECIAL CITY COUNCIL MEETING 25. Fiscal Year 2025-26 Budget Work Study Session Department(s): Finance and Management Services Recommended Action: Discuss and provide direction to staff. MINUTES: Mayor Pro Tem Vazquez requested the budget survey be extended. CITY MANAGER COMMENTS MINUTES: City Manager Alvaro Nuñez announced Public Service Recognition Week, expressed gratitude to staff, spoke regarding National Business Week, and encouraged all to support local businesses. He announced Asian-American and Pacific Islander Month, Brew at the Zoo fundraiser at the Santa Ana Zoo on Saturday, May 10, 2025, and Santa Ana Fun Run on Saturday, May 17, 2025, and stated the budget survey deadline will be extended to Thursday, May 15, 2025. He recognized the Planning and Building Agency for assisting the City of Santa Ana in winning the Sustainability Award from the Southern California Association of Governments. 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. WORK STUDY SESSION City Council 7 – 21 5/20/2025 CITY COUNCIL 22 MAY 06, 2025 1. April 23, 2025 Mayor Amezcua – California Assembly Installation, Sacramento, CA 2. April 26 – 29, 2025 Mayor Amezcua – 2025 Mayors and Police Chiefs Public Safety Meeting in Chicago, IL 3. May 4 – 5, 2025 Mayor Amezcua – California Peace Officers’ Memorial Ceremonies in Sacramento, CA 4. April 23 – 25, 2025 Councilmember Bacerra – 2025 City Leader Summit Hosted by the League of California Cities in Sacramento, CA 5. April 30 – May 2, 2025 Councilmember Bacerra – 2025 SCAG Regional Conference & General Assembly in Palm Desert, CA 6. May 4 – 6, 2025 Councilmember Bacerra – California Peace Officers’ Memorial Ceremonies in Sacramento, CA 7. April 23 – 25, 2025 Councilmember Penaloza – 2025 City Leaders Summit Hosted by the League of California Cities in Sacramento, CA 8. May 4 – 5, 2025 Councilmember Penaloza – California Peace Officers’ Memorial Ceremonies in Sacramento, CA MINUTES: Councilmember Lopez thanked staff for all their hard work and efforts, announced a park clean-up on Saturday, May 10, 2025, with Orange County Habitat Restoration, dumpster day at Cabrillo Park, and Wednesday, May 14, 2025 for creek clean-up, and wished everyone a Happy Mother’s Day. Councilmember Hernandez thanked staff and the public for their participation. He recognized the City Manager for completing bathroom modifications at El Salvador Park, spoke regarding data shared by Ben Camacho via public records request– DHS/ICE communications mandating automatic information release, expressed concern over community impact, and requested a City Council agenda item for May 20, 2025, to propose a policy ensuring automatic disclosure of DHS/ICE presence. Councilmember Phan thanked Public Works staff for their efforts on Arbor Day and Earth Day, and emphasized the importance of protecting all community members in light of recent information related to immigration. Councilmember Bacerra addressed community concerns regarding funding for the Related Bristol project in Ward 4 neighborhoods and discussion to be had at the May 15, 2025, City Council Meeting. He reported travel to Sacramento April 23 - 25, 2025, for the Cal Cities Conference, SCAG Regional Conference and General Assembly in Palm Desert, April 30 - May 2, 2025, and the Peace Officers Memorial. He noted his attendance at Senior Day for Segerstrom High School baseball. He extended well wishes to nurses in celebration of Nurses Week. City Council 7 – 22 5/20/2025 CITY COUNCIL 23 MAY 06, 2025 Councilmember Penaloza reported travel to Sacramento, April 23 - 25, 2025, for the City Leaders Summit by the League of California Cities and attended the California Peace Officers’ Memorial Ceremonies on May 5, 2025, and expressed gratitude to the Santa Ana Police Department for their service. He wished the community a Feliz Día de las Madres and Mother’s Day, invited all to attend Brew at the Zoo on Saturday, May 10, 2025, and thanked city staff for all the coordinated events. Mayor Pro Tem Vazquez thanked staff for their efforts, recognized Valley High School softball team for their league win and counselor Mida Vazquez for helping 32 students earn AA degrees, spoke regarding attending neighborhood meetings in Pacific Park and Heninger Park to support watch programs, thanked Commissioner Joese Hernández for displaying student art at Grand Central, urged residents to speak on park funding, and wished all a Happy Mother’s Day. Mayor Amezcua acknowledged teachers for Teacher Appreciation Week, reported travel to Sacramento on April, 23 2025 for the California Assembly Installtion and to Chicago April 26-29, 2025 for the 2025 Mayors and Police Chiefs Public Safety Meeting, and California Peace Officers’ Memorial Ceremonies in Sacramento, May 4- 5, 2025. She recognized SEVA Collective’s 5th anniversary. She spoke in support of extending the budget survey, thanked Aker Reyes, Girl Scout Troops 3132 and 4289, and the community for contributions to Arbor Day, welcomed Santa Ana Youth Soccer Team to City Hall, and invited residents to Coffee with the Mayor on May 10, 2025 at Salgado Recreation Center. She wished mothers a Happy Mother’s Day, thanked meeting participants, and urged the community to seek out resources regarding those affected by immigration. ADJOURNMENT – Adjourn the City Council meeting. MINUTES: Mayor Amezcua adjourned the City Council Meeting at 10:23 P.M. Respectfully submitted: ___________________________ Jennifer L. Hall, CMC City Clerk City Council 7 – 23 5/20/2025 Community Development Agency www.santa-ana.org/cd Item # 8 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report May 20, 2025 TOPIC: Regional and Unified Local Workforce Plans for Program Years 2025-2028 as required under the Federal Title I Workforce Innovation and Opportunity Act AGENDA TITLE Regional and Unified Local Workforce Plans for Program Years (PY) 2025-2028 as Required Under the Federal Title I Workforce Innovation and Opportunity Act RECOMMENDED ACTION Approve the Regional and Unified Local Workforce Plans for PY 2025-2028 and authorize the submission to the State as required by the federal Workforce Innovation and Opportunity Act Title I grant. GOVERNMENT CODE §84308 APPLIES: No BACKGROUND AND DISCUSSION The Workforce Innovation and Opportunity Act (WIOA) Local and Regional Plan refers to strategic planning documents developed under WIOA, a federal law that governs how workforce development services are delivered in the United States. These plans guide how local and regional workforce boards, like the Santa Ana Workforce Development Board (WDB), align resources, coordinate services, and develop strategies to meet local labor market needs. The Santa Ana City Council must take action on the WIOA Local and Regional Plan because: •Oversight and Accountability: The Workforce Development Board operates under the auspices of the City of Santa Ana. The City Council provides formal oversight to ensure public accountability and compliance with federal and state requirements. •Approval Requirement: Both the Local Plan (specific to Santa Ana) and the Regional Plan (which includes Santa Ana as part of a larger regional collaboration) require local elected official approval and submission to the California Workforce Development Board and the Employment Development Department (EDD). •Approval and adoption of the plans are required to access WIOA Funds, which support local job training, youth employment, career counseling, and support services for disadvantaged residents. City Council 8 – 1 5/20/2025 Regional and Local Unified Workforce Plan PY 2025-2028 May 20, 2025 Page 2 5 0 2 6 Pursuant to the Workforce Innovation and Opportunity Act (WIOA), the development of regional and local workforce plans is required, in part, to ensure that these plans remain current and responsive to evolving labor market conditions, economic shifts, and other factors that may influence the successful implementation of the local plan (29 U.S. Code §3123). The plans are developed every four years and updated at the mid-point of the four year planning cycle to ensure they remain relevant, effective, and responsive to evolving workforce needs and economic conditions. The California Unified Strategic Workforce Development Plan (State Plan) is an overarching state policy document that provides a conceptual outline for Local Workforce Development Boards and their partners as they jointly develop regional and local plans. The State Plan policy objectives, developed in collaboration with WIOA partners and Local Workforce Development Boards, advance a shared vision of establishing a comprehensive workforce system that addresses poverty, promotes upward economic mobility, and integrates equity as a foundational principle of service delivery. As outlined under WIOA Section 106, Regional Plans provide a roadmap for alignment of resources and investments to meet specific outcomes within the 15 Regional Planning Units (RPU). Regional Plans serve to outline how RPUs will strategically engage with key industry sectors, coordinate workforce development efforts across multiple jurisdictions, and enhance access to career pathways for individuals facing barriers to employment. Guidance for Local Plans is provided in Section 108 of WIOA, which requires Local Plans to present an action-oriented framework for implementing the strategies outlined in the Regional Plan. Specifically, Local Plans must describe how individuals access services through the local America’s Job Center of California system and detail how Local Workforce Development Boards will coordinate with local partners to ensure the delivery of person-centered services. Five years after the onset of the global pandemic, the economy continues to recover and gradually return to pre-pandemic conditions. However, for communities that have historically faced barriers to employment, the pandemic-induced recession has deepened existing disparities and further intensified long-standing economic inequities. The State Board issued Directive WSD 24-09 that provides guidance to Local Workforce Development Boards on the requirements associated in preparation of the Regional and Local Plans. In alignment with the State Plan, the draft Regional and Unified Local Plans (Exhibits 1 and 2) focus on the development of partnerships to create a coordinated service delivery approach to targeted populations, including individuals with barriers to employment and hard to serve populations. City Council 8 – 2 5/20/2025 Regional and Local Unified Workforce Plan PY 2025-2028 May 20, 2025 Page 3 5 0 2 6 Several Key initiatives from the Regional and Unified Local Plans include: •Regional Collaboration: Santa Ana, Anaheim, and Orange County Workforce Development Boards developed a joint plan to align workforce services and support regional job seekers and employers. •Focus on Equity: Priority services target veterans, English learners, individuals with disabilities, and justice-involved populations through partnerships with community organizations. •Hybrid Service Delivery: In-person and virtual services are offered, supported by AI tools, mobile units, and multilingual digital resources. •Work-Based Learning: Emphasis on on-the-job training, apprenticeships, and upskilling programs aligned with industry needs. •Sustainability Integration: Workforce initiatives support climate goals by promoting green jobs and clean energy careers. •Strong Partnerships: MOUs with educational, social service, and veteran organizations ensure coordinated, accessible services across the region. To ensure the Regional and Local Plans accurately reflect the various components of the workforce system, the Directors and staff of the Anaheim, County of Orange, and Santa Ana Workforce Development Boards, collectively known as the Orange Planning Unit (OPU), proactively engaged community leadership and key stakeholders through a series of in-person and virtual engagement sessions held in the fall and winter of 2024. These sessions provided a platform for input from workforce partners, educational institutions, and community leaders. In alignment with this collaborative approach, the OPU jointly prepared a Unified Local Plan to reflect shared priorities and coordinated strategies across the region. City Council approval of the WIOA Local and Regional Plan is essential for maintaining funding, ensuring strategic alignment, and supporting the economic vitality of the city. The City Council plays a central role in implementing workforce services while coordinating with regional, state, and federal partners to build a skilled, competitive workforce. This collaboration is critical to helping residents access quality jobs and supporting local businesses with a pipeline of trained talent. On March 20, 2025, during its regularly scheduled meeting, the Workforce Development Board voted 14:0 with members Hubbard, Korthuis, Lopez, Perez, and Ruiz absent, to recommend that the City Council approve the proposed action. FISCAL IMPACT There is no fiscal impact associated with this action. EXHIBIT(S) 1. PY 2025-2028 Regional Plan 2. PY 2025-2028 Local Plan City Council 8 – 3 5/20/2025 Regional and Local Unified Workforce Plan PY 2025-2028 May 20, 2025 Page 4 5 0 2 6 Submitted By: Michael L. Garcia, Executive Director of Community Development Approved By: Alvaro Nuñez, City Manager City Council 8 – 4 5/20/2025 REGIONAL PLAN ORANGE REGIONAL PLANNING UNIT Program Year 2025-2028 EXHIBIT 1 City Council 8 – 5 5/20/2025 Orange Regional Planning Unit Contact: Annette Kelly-Whittle, Regional Organizer Phone: (714) 577-2088 Email: Annette@orangeworkforcealliance.com Anaheim Workforce Development Board Contact: Marco Lucero Phone: (714) 765-4341 Email: mlucero@anaheim.net Orange County Workforce Development Board Contact: Nancy Cook Phone: (714) 480-6420 Email: nancy.cook@occr.ocgov.com Santa Ana Workforce Development Board Contact: Deborah Sanchez Phone: (714) 565-2621 Email: dsanchez@santa-ana.org EXHIBIT 1 City Council 8 – 6 5/20/2025 i | Page TABLE OF CONTENTS I. INTRODUCTION AND OVERVIEW ......................................................................... 1 II. ANALYTICAL OVERVIEW OF THE REGION ............................................................. 3 A. Analysis of Employment and Unemployment Data .......................................... 11 B. Analysis of the Educational and Skill Levels of the Workforce, the Current Needs of Employers in the Region, and Relevant Skill Gaps .................................... 17 C. Analysis of Industries and Occupations with Existing and Emerging Demand ...... 25 III. REGIONAL INDICATORS ......................................................................................... 29 A. Regional Indicator and Associated Outcomes and Metrics ................................... 30 B. Assessment of Impacts, Lessons Learned, and Progress on Tracking and Evaluating Indicator A ................................................................................................ 32 IV. FOSTERING DEMAND-DRIVEN SKILLS ATTAINMENT ......................................... 33 A. In-Demand Industry Sectors for the Region .................................................... 33 B. Sector Strategies and Other Industry-Focused Initiatives ............................... 38 C. Strategies to Communicate with Regional Employers .................................... 39 V. Enabling Upward Mobility for All Californians ......................................................... 41 A. Promoting and Improving Job Quality and Access .......................................... 41 B. Targeted Service Strategies for the Region’s Unserved and Underserved Communities .............................................................................................................. 43 VI. Climate and Environmental Sustainability ........................................................... 46 A. Supporting a climate-neutral transition ............................................................ 46 VII. Equity and Economic Justice .............................................................................. 48 A. The region’s strategy to achieve equity ................................................................. 48 I. Aligning, Coordinating, and Integrating Programs and Services ............................ 49 A. Regional Service Strategies .................................................................................. 49 B. Regional Administrative Cost Arrangements ......................................................... 50 APPENDICES ................................................................................................................ 51 A. Stakeholder and Community Engagement Summary (Attachment 1) ............. 52 B. Public Comments Received that Disagree with the PY 25-28 Orange RPU Regional Plan ............................................................................................................. 54 C. SIGNATURE PAGE (Attachment 3) ....................................................................... 55 EXHIBIT 1 City Council 8 – 7 5/20/2025 1 | Page I. INTRODUCTION AND OVERVIEW The Workforce Innovation and Opportunity Act (WIOA) of 2014 redefined how the workforce system addresses economic and labor market demands. It emphasizes collaboration across local areas to develop strategies that align with regional economies' realities. WIOA recognizes that economic activity often transcends local political boundaries, so it encourages regional planning to drive economic growth and workforce development. In response, California established Regional Planning Units (RPUs), which bring together local Workforce Development Boards (WDBs) to collaboratively address workforce challenges and opportunities within shared regional economies. The PY 2025-2028 Orange Workforce Alliance (OWA) Regional Plan represents the Orange RPU’s strategic vision for addressing the region’s workforce needs over the next four years. It is a roadmap for developing a skilled and resilient workforce, enhancing equity, and supporting economic growth across Orange County’s diverse communities. Developed by federal and state guidance, this plan builds on a foundation of regional collaboration and stakeholder engagement to deliver innovative solutions that meet the needs of both businesses and job seekers. The Orange Regional Planning Unit The Orange RPU encompasses three local Workforce Development Boards: the Anaheim Workforce Development Board, the Santa Ana Workforce Development Board, and the Orange County Workforce Development Board. Together, these boards serve Orange County’s 34 cities and unincorporated areas, which are home to over 3.1 million residents and have one of the most dynamic regional economies in the nation. As the sixth-most populous county in the United States, Orange County plays a critical role in California’s economic success. The region is home to thriving industries such as healthcare, advanced manufacturing, information technology, and tourism. However, the county also faces significant challenges, including a high cost of living, housing affordability issues, and disparities in access to education and training resources. These factors have contributed to outmigration and a shifting demographic composition, making it essential to implement workforce strategies that address the diverse needs of residents and employers. Regional Plan Content The PY 2025-2028 Regional Plan provides a comprehensive framework for workforce development in Orange County. It addresses key areas such as labor market trends, economic conditions, and emerging industries. The plan also highlights strategies to strengthen sector-based career pathways and ensure job seekers can access high- quality employment opportunities. The plan aligns workforce development efforts with the region’s economic priorities and evolving workforce needs by focusing on these areas. In addition to meeting federal requirements under WIOA, the Regional Plan incorporates California-specific priorities to ensure a holistic approach. Job quality is a central focus, emphasizing creating sustainable jobs that offer pathways to economic mobility. The plan also prioritizes equity and inclusion, aiming to reduce disparities and expand opportunities EXHIBIT 1 City Council 8 – 8 5/20/2025 Orange RPU PY 2025-2028 Regional Plan 2 | Page for underserved communities. Regional collaboration across workforce partners further ensures the plan delivers coordinated and impactful workforce solutions that benefit businesses, workers, and the broader community. Development of the PY 2025-2028 Regional Plan The development of the PY 2025-2028 Regional Plan was guided by a commitment to data-driven decision-making, regional collaboration, and broad stakeholder engagement. Representatives from the Anaheim, Santa Ana, and Orange County Workforce Development Boards worked collaboratively to analyze labor market trends, assess economic conditions, and identify strategic priorities for workforce development. This process drew upon robust regional planning efforts and resources, including the Strong Workforce Program Regional Plan, the Orange County Jobs First Regional Plan, and comprehensive economic studies conducted by the Orange County Center of Excellence (COE). These reports provided critical insights into emerging industries, skill gaps, and workforce needs that informed the plan’s direction. In addition to leveraging these regional studies, input was gathered from diverse stakeholders, including employers, educators, community-based organizations, and economic development leaders. Their perspectives ensured the plan addressed Orange County's unique challenges and opportunities while reflecting a shared commitment to creating a resilient and inclusive workforce system. By combining localized insights with findings from regional initiatives, the PY 2025-2028 Regional Plan presents a comprehensive strategy that aligns workforce development efforts with the region’s economic priorities and future growth opportunities. Regional Vision for Workforce Development The Orange RPU’s vision for workforce development centers on building a system that is equitable, inclusive, and responsive to the region’s evolving economic landscape. The PY 2025-2028 Regional Plan emphasizes the importance of preparing workers to adapt to emerging technologies and shifting economic conditions. Expanding access to workforce resources for underserved populations, including youth, veterans, individuals with disabilities, and communities of color, is a key component of this vision. Equally important is the collaboration with employers to align workforce development initiatives with industry needs and ensure the creation of high-quality jobs that provide pathways to economic mobility. The plan also highlights the importance of supporting industries that drive regional growth, particularly those adopting sustainable practices and advancing green job opportunities, to foster a resilient and future-ready economy. The PY 2025-2028 Regional Plan positions the Orange RPU to meet the workforce challenges and opportunities of the next four years through innovation and collaboration. By fostering partnerships across public and private sectors, aligning workforce strategies with industry demands, and addressing barriers to access, the Orange RPU aims to build a vibrant economy where businesses thrive, communities are empowered, and every resident can succeed. EXHIBIT 1 City Council 8 – 9 5/20/2025 Orange RPU PY 2025-2028 Regional Plan 3 | Page II. ANALYTICAL OVERVIEW OF THE REGION Orange County, California, is a dynamic economic powerhouse in which innovation, diversity, and opportunity converge to fuel growth. Strategically located between Los Angeles and San Diego, it benefits from its proximity to major ports, entertainment hubs, and research institutions, making it a key player in California’s economy. With over 3.1 million residents, it is the third-most populous county in the state and the sixth-most populous in the United States1. The county’s reputation for a high quality of life, characterized by suburban comfort, coastal beauty, and thriving business districts, has historically attracted families and professionals alike. Cities like Irvine, Anaheim, and Costa Mesa are economic engines, hosting major corporations, vibrant small business ecosystems, and innovation hubs. At the same time, areas such as Santa Ana and Garden Grove face systemic barriers to economic mobility, with lower median incomes and higher unemployment rates, underscoring the need for targeted workforce development strategies that bridge economic divides. As the county navigates a post-pandemic recovery period, it faces challenges and opportunities reshaping its workforce and economic trajectory. Structural shifts, demographic changes, and rising living costs are straining the region’s ability to sustain its historic growth and attract new talent. An aging population, often called the "silver tsunami," is driving significant shifts in workforce needs. This growing demographic has increased demand for healthcare and social services while presenting opportunities for innovation in healthcare technology and service delivery. The expanding "silver economy" is creating jobs and spurring adaptive business models to meet the unique needs of an older population. At the same time, Orange County struggles to retain and attract young professionals. Rising housing costs, which now require nearly five times the median annual income of U.S. households to qualify for a home, make it increasingly difficult for younger workers and families to establish roots in the region.2 These challenges prompt employers to reevaluate workplace strategies, emphasizing flexibility, competitive compensation, and robust career development pathways to remain competitive in the labor market. In addition to the growing silver economy, the county’s transition toward sustainability unlocks opportunities in emerging industries such as renewable energy, clean technology, and green construction. These sectors are poised to generate high-quality jobs while addressing environmental challenges. California’s ambitious climate goals, including achieving carbon neutrality and expanding clean energy infrastructure, drive demand for skilled workers in these fields. By investing in education and training programs aligned with these industries, Orange County has the potential to position itself as a leader in building a greener, more sustainable economy. Orange County’s rich linguistic and cultural diversity adds another layer of complexity and opportunity to its economic fabric. A substantial portion of the population speaks a 1 Lightcast. Economic Overview Tool. Accessed December 2024. https://analyst.lightcast.io/ 2 California Association of Realtors. Housing Affordability Index – First Quarter 2024. Accessed January 2025. https://www.car.org/aboutus/mediacenter/newsreleases/2024- News-Releases/1qtr2024hai. EXHIBIT 1 City Council 8 – 10 5/20/2025 Orange RPU PY 2025-2028 Regional Plan 4 | Page language other than English at home, reflecting the county’s vibrant cultural mosaic. This diversity enriches the region’s cultural and economic landscape and underscores the need for workforce programs, such as vocational English as a Second Language (ESL), to empower all residents to participate in and contribute to the local economy fully. The county’s economic vitality is further bolstered by its key industries, including advanced manufacturing, healthcare, technology, and tourism. However, persistent skill gaps and an aging workforce pose risks to the sustainability of these sectors. Addressing these challenges requires collaboration among businesses, government agencies, and educational institutions to develop inclusive workforce strategies, create pathways to high-quality employment, and ensure that economic opportunities are equitably distributed across all communities. Amid these complexities, Orange County remains a region of resilience and promise. By leveraging its diverse talent pool, fostering innovation, and addressing systemic barriers, the county is well-positioned to adapt to evolving economic realities and continue driving growth for future generations. Orange County’s Gross Regional Product (GRP) Orange County’s economic vitality is reflected as a major driver of growth for the Southern California region and the state. Representing 8.1 percent of California’s population, 9.2 percent of its total taxable sales, and 8.8 percent of its Gross Regional Product (GRP), the county demonstrates high economic activity3. In 2023, Orange County's GRP grew from $313 billion to $325 billion, a 3.9 percent increase, surpassing the GDP of 26 U.S. states4. Additionally, its GRP per capita of $98,979 significantly exceeds the state average of $90,982, further highlighting its robust economic performance5. This strength is fueled by a diversified industry base, including technology, manufacturing, real estate, healthcare, and professional services, which contribute significantly to regional economic activity. Industry Contributions to GRP Orange County’s economy is highly diversified, with specific industries contributing significantly to its Gross Regional Product (GRP) relative to its share of employment. Healthcare and social assistance lead to employment, while sectors like manufacturing and finance contribute disproportionately to GRP, reflecting the high-value nature of their outputs. Professional, scientific, and technical services also showcase the county’s expertise in knowledge-driven industries. 3 County of Orange. Orange County Comprehensive Economic Development Strategy (CEDS) 2024-2029. Santa Ana, CA: County of Orange, 2024. https://workforce.ocgov.com/sites/cid/files/2024-10/OC%20CEDS%20%282024-2029%29%20Approved.pdf. 4 Lightcast. Gross Regional Product Report. January 2025.https://analyst.lightcast.io/ 5 County of Orange, Orange County Comprehensive Economic Development Strategy (CEDS) 2024-2029. $265 $264 $287 $313 $325 $0 $50 $100 $150 $200 $250 $300 $350 2019 2020 2021 2022 2023$ In BillionsGross Regional Product Data source: Lightcast EXHIBIT 1 City Council 8 – 11 5/20/2025 Orange RPU PY 2025-2028 Regional Plan 5 | Page • Healthcare and Social Assistance: This sector had the highest employment, at 232,792 jobs in 2023 (a 4% increase from 2022). It contributed $21.7 billion to GRP, highlighting its essential role in meeting the needs of a growing population. • Manufacturing: Employing 160,014 workers, this sector remains the most significant contributor to GRP, generating $38.5 billion through high-value outputs like medical devices and aerospace technology. • Professional, Scientific, and Technical Services: With 162,188 jobs, this sector contributed $29.6 billion to GRP. Its contribution was driven by consulting, engineering, and legal services, reinforcing its role as a critical economic engine. • Finance and Insurance: Despite a 12% drop in employment to 72,711 jobs, this sector maintained its status as a significant economic driver, contributing $31.5 billion to GRP, benefiting from Orange County’s proximity to major business hubs. • Accommodation and Food Services: Employing 177,783 workers (a 4% increase from 2022), this sector contributed $12.1 billion to GRP, reflecting the county's recovery in tourism and hospitality, supported by attractions like Disneyland and coastal destinations6. Orange County’s economic resilience is rooted in its ability to balance high-value industries with a diverse employment base, positioning it as a forward-looking region. By leveraging its mix of innovation, a skilled workforce, and a strategic location, the county sustains growth and adapts to evolving industry trends. Continued investments in workforce development, technological advancements, and strategic infrastructure will be essential to maintaining its economic momentum and competitiveness in the future. Labor Force Participation and Workforce Shifts in Orange County Labor force participation is a vital indicator of economic vitality, measuring the percentage of the working-age population employed or actively seeking work. It is influenced by various social, economic, and demographic factors such as population aging, economic conditions, access to education and training, caregiving responsibilities, and migration patterns. These dynamics have caused notable fluctuations in Orange County’s labor force participation rate (LFPR) over the past five years. In 2019, Orange County's LFPR stood at 63.39%, but the COVID-19 pandemic caused it to drop to 61.10% in 2020 due to widespread job losses and business closures. Although 6 Lightcast, Gross Regional Product 59.5% 60.0% 60.5% 61.0% 61.5% 62.0% 62.5% 63.0% 63.5% 64.0% 2019 2020 2021 2022 2023 Jan - Jul 24 Aug 24 Sep 24 Oct 24Labor Force ParticipationTimeframe Labor Force Participation Rate Data source: Lightcast EXHIBIT 1 City Council 8 – 12 5/20/2025 Orange RPU PY 2025-2028 Regional Plan 6 | Page recovery efforts have bolstered the economy, the LFPR remains below pre-pandemic levels, reaching 62.07% as of October 20247. This lingering gap reflects the challenges of re-engaging specific population segments, including those who retired early, face skill mismatches, or encounter caregiving responsibilities. Housing affordability and the high cost of living have also driven some workers to relocate to more affordable areas, further impacting labor participation8. Community feedback from the Jobs First Regional Plan survey highlights several barriers to workforce engagement. Affordable childcare remains a significant challenge, especially for working mothers balancing caregiving with professional responsibilities. Transportation limitations, particularly for youth, restrict access to job opportunities, while language barriers prevent many non-English speakers from fully integrating into the workforce. Skills gaps and a misalignment between training programs and employer needs further hinder labor force engagement.9 The rise of the gig economy adds another layer of complexity to labor force trends. While gig work offers flexibility and income opportunities, it can obscure traditional labor participation metrics, as many gig workers do not classify themselves as part of the conventional workforce. This dual effect highlights the intricate interplay between caregiving, transportation, skills gaps, and other factors shaping labor force participation rates. To address these challenges, policymakers and community leaders must prioritize initiatives that enhance workforce engagement. Expanding access to affordable childcare, reliable transportation, language support, and training programs aligned with employer needs will be critical to fostering an inclusive and resilient labor market. Demographic Shifts Demographic changes are reshaping Orange County’s workforce and economic demands. Between 2023 and 2030, the county's population is projected to decline by 3%, decreasing from 3,135,755 to 3,051,98110. This contraction reflects broader state-level trends but contrasts with national growth during the same period. 7 Lightcast. Economy Overview. January 2025.https://analyst.lightcast.io/ 8 Orange County Business Council. CERF OC Regional Plan Part 1. Irvine, CA: Orange County Business Council, 2024. https://ocbc.org/wp-content/uploads/2024/10/CERF-OC- Regional-Plan-Part-1.pdf 9 Orange County Business Council, CERF OC Regional Plan Part 1. 10 Lightcast. Populations Demographic Report. January 2025.https://analyst.lightcast.io/ !"#A %C%’()*+,-A./*0 %C’C()*+,-A./*0 NOA0P#4(NOA0P# 5"A0P#(N*,0.6 ’78’97:99 ’7C987;<8 (=<’7::>?(=’4? NA-/@*"0/A ’<7;A978;’’<7C9’7%%>(=;887;A;?(=%4? BA./*0 ’’>7;8>7<;9 ’>97:<<78’8 8C7<:’7%’A ’4 Data source: Lightcast EXHIBIT 1 City Council 8 – 13 5/20/2025 Orange RPU PY 2025-2028 Regional Plan 7 | Page Aging is one of the most significant factors influencing workforce dynamics. The population aged 65 and over is expected to grow substantially, with the 70– 84 age group increasing by 19% to 31%. This trend underscores the rising demand for healthcare and social assistance services. Conversely, younger age cohorts are shrinking, with notable declines in children aged 5–9 (-20%) and young adults aged 30–34 (- 14%)11. These shifts pose challenges for maintaining a strong workforce pipeline in industries such as construction, manufacturing, and technical services, which are already grappling with labor shortages. Racial and ethnic demographics also reveal significant shifts between 2023 and 2030. The White, non-Hispanic population is projected to experience the largest decline, decreasing by 152,753 individuals (13%) and accounting for 33.42% of the total population in 2030. Similarly, the White Hispanic population is anticipated to decline by 17,386 individuals (2%), representing 31.54% of the population12. These groups remain the largest racial and ethnic cohorts, though they highlight significant changes in Orange County’s demographic makeup. In contrast, the Asian, non-Hispanic population is projected to grow significantly, increasing by 69,331 individuals (10%) and comprising 26.05% of the population in 2030. Other smaller groups, such as those identifying as Two or More Races (Non-Hispanic and Hispanic), are also expected to grow, with 10% and 9% increases, respectively. The Black, non-Hispanic population is projected to increase modestly by 5%. At the same time, more minor shifts are noted in other groups, including declines in Native Hawaiian or Pacific Islander and American Indian or Alaskan Native populations13. Linguistic diversity adds another layer of complexity to Orange County's workforce dynamics. While 53.1% of residents speak only English, 46.9% speak a language other than English at home. Spanish is the most commonly spoken non-English language, 11 Lightcast. Populations Demographic Report. 12 Lightcast. Populations Demographic Report. 13 Lightcast. Populations Demographic Report. !"#A%C’C()*+*,A-C./01)2CP *+,+A-C./01)2CP %’1P"#4A%’1P"# 5P6#(ATAU#1(9 :T;<+;,:=;<;>,A?@<,:+A A?>4A TA)CA@AU#1(9 :;@<T=,:=*<@BB A?,><TTTA A?*+4A :+A)CA:=AU#1(9 :B><++T :>><@@+A?:@<+:TA A?:+4A :TA)CA:@AU#1(9 *+;<T=@ :B;<@T*A?:@<T@;A A?@4A *+A)CA*=AU#1(9 :@><+@,:@><=@+,@;+4 *TA)CA*@AU#1(9 *:,<>>:*++<:,T A?:,<T*>A A?>4A ,+A)CA,=AU#1(9 **><*=*:@T<=>+A?,+<;B*A A?:=4A ,TA)CA,@AU#1(9 *+@<=,T *:+<;+=:<*>@ :4 =+A)CA==AU#1(9 *+T<=>,*+><+B=>*:+4 =TA)CA=@AU#1(9 :@><=,=*+:<,,==<@++*4 T+A)CAT=AU#1(9 *:><:@B :@:<:>=A?*T<+,=A A?:*4A TTA)CAT@AU#1(9 *:+<;+B :@=<>+:A?:><:+;A A?B4A >+A)CA>=AU#1(9 *+:<=,+:@=<T**A?><@+BA A?,4A >TA)CA>@AU#1(9 :>@<;:=:B:<@>*:*<*=B ;4 ;+A)CA;=AU#1(9 :,*<*+>:T><@;@ *=<;;,:@4 ;TA)CA;@AU#1(9 :+:<+,>:*:<,,,*+<*@;*+4 B+A)CAB=AU#1(9 >T<T+T BT<T:=*+<++@ ,:4 BTAU#1(9A1P6ACC#(>:<=>+;+<++T B<T=T :=4 aC)10 ,<:,T<;TT ,<+T:<@B:A?B,<;;=A A?,4A Data source: Lightcast Data source: Lightcast EXHIBIT 1 City Council 8 – 14 5/20/2025 Orange RPU PY 2025-2028 Regional Plan 8 | Page Accounting for 24.4% of the population, followed by Asian and Pacific Islander languages at 16.1% and other Indo-European languages at 5.1%. A smaller percentage (1.4%) speaks different languages14. These figures highlight the critical need for vocational English as a Second Language (ESL) programs to address language barriers, ensure educational success, and foster economic inclusion. Gender demographics are balanced, with a slight majority of females (50.54%) projected in 2030. However, male and female populations are expected to decrease by approximately 3%, emphasizing the importance of addressing labor market participation across all groups15. As demographic shifts reshape the labor market, inclusive workforce strategies become increasingly essential to meet the needs of a diverse and linguistically complex population. Addressing disparities, fostering equitable opportunities for underrepresented groups, and investing in education, training, and retention strategies will be vital to sustaining economic growth and competitiveness in the region. Overall Industry Employment Trends Orange County’s labor market continues to expand, with total nonfarm employment reaching 1.72 million by November 2024, reflecting a year-over-year gain of 14,600 jobs (0.9%)16. Healthcare and social assistance have led this growth, adding 11,900 jobs year over year, driven by the rising demand for health services. Other expanding industries included professional and business services, which added 3,300 jobs year over year, and leisure and hospitality, which gained 2,800 jobs during the same period. Trade, transportation, and utilities also experienced growth, adding 3,200 jobs year over year, with the retail trade sector accounting for a significant portion of this increase. Government employment rose modestly, gaining 1,200 jobs year over year, while smaller increases were observed in other services and manufacturing, which added 400 and 500 jobs, respectively17. Despite these gains, specific industries experienced year-over-year declines. Construction faced the steepest losses, shedding 2,600 jobs compared to November 2023, while manufacturing also reported a decline of 2,600 jobs over the same period. The information sector saw a decrease of 900 jobs year-over-year, reflecting ongoing challenges faced by industries heavily influenced by economic shifts, automation, and fluctuating demand18. Retail and administrative services also continued to adjust to long- term disruptions caused by automation and e-commerce, leading to slower job growth or reductions in these areas. These trends emphasize the need for targeted workforce strategies to support vulnerable industries while fostering growth in robust sectors. 14 U.S. Census Bureau. Orange County, California Profile. Accessed January 2025. https://data.census.gov/profile/Orange_County,_California?g=050XX00US06059. 15 Lightcast. Populations Demographic Report. 16 California Employment Development Department. Monthly Labor Force Data for Orange County. Accessed January 2025. https://labormarketinfo.edd.ca.gov/file/lfmonth/oran$pds.pdf. 17 California Employment Development Department, Monthly Labor Force Data for Orange County. 18 California Employment Development Department, Monthly Labor Force Data for Orange County. EXHIBIT 1 City Council 8 – 15 5/20/2025 Orange RPU PY 2025-2028 Regional Plan 9 | Page Building on these trends, industries like healthcare, professional services, and logistics are expected to drive growth through 2030. Healthcare and social assistance remain at the forefront of growth, reflecting an aging population's ongoing demand for services. This sector, which has already demonstrated significant year-over-year gains, is projected to lead all industries in numeric and percentage growth by the decade's end, reinforcing its critical role in the region's economic and social stability. Professional and business services are similarly positioned for steady expansion, driven by the country’s shift toward a knowledge-based economy and increasing demand for specialized expertise in consulting, technical support, and legal services. Trade, transportation, and utilities, bolstered by the rise of e-commerce and advancements in logistics infrastructure, are expected to remain essential contributors to the labor market. However, challenges persist for traditional labor-intensive sectors. Manufacturing and construction, which experienced year-over-year declines in 2024, are projected to grow at a slower pace or face potential declines through 2030 due to automation, technological disruptions, and shifting economic priorities. Retail, already heavily impacted by e- commerce trends, is expected to continue adjusting to changing consumer behaviors and increased reliance on automated solutions. Traditional labor-intensive sectors may face slower growth or further declines, necessitating targeted workforce investments in reskilling and upskilling initiatives. Self-Employment and Private Household Workers Self-employment and gig work continue to play a pivotal role in Orange County's economy, reflecting national trends and the region's unique economic landscape. As of 2022, Orange County reported approximately 319,630 nonemployer establishments, representing businesses with no paid employees other than the proprietor19. These establishments reflect the strong presence of self-employed individuals and sole proprietors who drive innovation and flexibility in the local labor market. Nonemployer establishments are common in industries such as professional and business services, trade, transportation, and utilities and in sectors that benefit from gig and freelance work models. 19 U.S. Census Bureau. QuickFacts: Orange County, California. Accessed January 2025. https://www.census.gov/quickfacts/fact/table/orangecountycalifornia/POP060220. !"#$BC’E)*+CI- ./B-)0-/’) N2PI4E2-"C) NBC+2/C-)5656 T’48-9C-#) 0-/’) N2PI4E2-"C) NBC+2/C- 56:6 ;$2-’+9) Y=/">- 5656?56:6 T-’9-"C/>-) Y=/">- 5656?56:6 !"#ABC’E#FG’"HI -.LM1..--OMO..1MP..14-5 STU9WI"B;F<=">F#?B@FTA"T=-M1..-MB..-..P4C5 aFIW#BEWT’-MB..cM...-..P4O5 dUHUHeBWH?BfFeeUHe L..O..g-..gcP4.5 hFH=IT<iIUFH -.-MO..--1M-..-CM1..-C4C5 dWH<AWiI<TUHe -LBM-..-POML..LMO..c4B5 aTW?"MBaTWH=EFTIWIUFHMBWH?BMIU#UIU"=cLcMO..ckBM...OCMk..-P4-5 lHAFT’WIUFH cLM-..ckM1..OMk..-P4L5 EUHWHiUW#BmiIU9UIU"=--PMB..-cBM-..-OMc..--4L5 STFA"==UFHW#BWH?Bn<=UH"==B!"T9Ui"=O-.M-..OkOM1..COMk..c.4P5 C?<iWIUFHW#B!"T9Ui"=BoSTU9WI"pMB;"W#I>BhWT"MBWH?B!FiUW#B m==U=IWHi"ccPM1..ckcM-..LCMO..c.4P5 f"U=<T"BWH?B;F=EUIW#UIG -C-M1..cLOM1..1cM...P.4k5 TI>"TB!"T9Ui"=Bo"ri#<?"=B1-LgSTU9WI"B;F<=">F#?B@FTA"T=p LLM-..PPMP..--ML..cP4B5 sF9"TH’"HI -PCM-..-CBM...-cMB..14O5 2020-2030 Industry Sector Employment Projections Data Source: EDD Industry Employment Projections EXHIBIT 1 City Council 8 – 16 5/20/2025 Orange RPU PY 2025-2028 Regional Plan 10 | Page Professional and business services represent the largest share of self-employed individuals in Orange County, aligning with national patterns highlighting the prominence of knowledge-based industries in independent contracting. Locally, self-employment is also significant in trade, transportation, and utilities, supported by the flexibility offered by gig platforms and app-based work. The Orange County Jobs First Regional Plan also highlights the prevalence of self-employed workers than traditional payroll employees in the natural resources sector, which relies heavily on independent contractors for seasonal and project-based work20. Additionally, post-pandemic trends have contributed to a rise in gig work and entrepreneurial ventures, with an increasing number of individuals registering new businesses or seeking flexible employment opportunities. This expansion is particularly evident in transportation, personal care services, and consulting, which have seen accelerated growth as part of the broader gig economy.21 Nationally, the gig economy is projected to generate $455 billion in 2023, reflecting a 53% increase since 202022 Orange County mirrors these trends with a growing share of its workforce engaging in independent or gig-based employment. Industry Specialization Understanding how Orange County’s economy stands out starts with the location quotient (LQ) concept. This metric compares the concentration of employment in a particular industry within the county to the national average. An LQ of 1.0 indicates that the industry’s local employment share equals the national average. An LQ above 1.0 means the industry is more concentrated in Orange County, suggesting it plays a larger role in the local economy than it does nationally. For example, an LQ of 1.5 indicates that employment in that industry is 50% higher locally than across the U.S. This analysis helps identify areas where Orange County has a competitive advantage or specialization, providing insight into economic strengths and opportunities. Orange County’s economy reflects a high degree of specialization in certain industries, with location quotient (LQ) data highlighting sectors where the region has a notably higher concentration of employment than national averages. These specialization areas showcase the county’s labor market's unique strengths and alignment with regional and global economic trends. The professional and business services sector stands out as a key area of specialization, particularly in architectural and engineering services (LQ: 1.5) and management and technical consulting services (LQ: 1.4). These industries are critical drivers of Orange County’s economy, fueled by the region’s demand for innovative design, engineering expertise, and strategic advisory services. Employment in these sectors is projected to grow by 8.8% and 11.2% over the decade, underscoring their significance in maintaining the county’s competitive edge23. 20 Orange County Business Council, CERF OC Regional Plan Part 1. 21 McKinsey & Company. What Is the Gig Economy? 2023. https://www.mckinsey.com/~/media/mckinsey/featured%20insights/mckinsey%20explainers/what%20is%20the%20gig%20economy/what-is-the-gig-economy.pdf. 22 Statista. Projected Gross Volume of the Gig Economy Worldwide from 2018 to 2023. Accessed January 2025.https://www.statista.com/statistics/1034564/gig-economy- projected-gross-volume/. 23 California Employment Development Department. Detailed Industry Data. Accessed January 2025. https://labormarketinfo.edd.ca.gov/Publications/REA-Reports/Detailed- Industry-Data-(ADA%20Compliant).xlsx. EXHIBIT 1 City Council 8 – 17 5/20/2025 Orange RPU PY 2025-2028 Regional Plan 11 | Page Manufacturing also plays a central role in Orange County’s economic identity, with notable concentrations in medical equipment and supplies manufacturing (LQ: 4.0), reflecting the county’s position as a hub for advanced medical technology. This sector is projected to grow by 10.8% as demand for cutting-edge medical devices expands globally. Similarly, coating, engraving, and heat-treating metals (LQ: 2.3) is another highly specialized manufacturing subsector, emphasizing its role in the county’s advanced manufacturing ecosystem despite facing employment challenges24. The financial activities sector also demonstrates unique strengths, particularly in activities related to credit intermediation (LQ: 2.0) and real estate services (LQ: 1.7). These industries are vital to Orange County’s economic stability, reflecting the robust financial infrastructure and thriving real estate market25. In health services, offices of other health practitioners (LQ: 1.8) exemplify the growing demand for specialized healthcare services. Employment in this sector is projected to grow by 14.5%, driven by demographic changes and advancements in healthcare delivery26. While many specialized industries are thriving, some sectors face challenges. Aerospace product and parts manufacturing (LQ: 1.4) is projected to decline by 19.1%, reflecting reduced demand for traditional manufacturing. Similarly, travel arrangement and reservation services (LQ: 1.2) and other tourism-related industries are experiencing declines as consumer behavior shifts and technology transforms the sector27. These patterns of specialization reveal opportunities to strengthen workforce development efforts in Orange County. Sectors such as advanced manufacturing, professional services, and healthcare offer pathways for sustainable growth, while retraining and upskilling initiatives can support workers in declining industries. By leveraging its unique strengths, Orange County can remain competitive and resilient in a dynamic economic landscape. A. Analysis of Employment and Unemployment Data As of November 2024, Orange County's unemployment rate stood at 4.0%, reflecting a slight decrease from 4.2% in October 2024 but an increase from 3.8% in November 2023. This rate aligns with the national unemployment rate of 4.0% and remains significantly below California's state rate of 5.3%, emphasizing the county's relative economic strength28. Unemployment Trends From 2019 to 2024, unemployment trends in Orange County highlight the economic challenges and recovery from the COVID-19 pandemic. The unemployment rate reached a peak of 8.98% in 2020 before gradually declining to 4.14% in October 2024. While these 24 California Employment Development Department, Detailed Industry Data. 25 California Employment Development Department, Detailed Industry Data. 26 California Employment Development Department, Detailed Industry Data. 27 California Employment Development Department, Detailed Industry Data. 28 California Employment Development Department. Orange County Labor Force and Industry Employment Summary. Anaheim-Santa Ana-Irvine Metropolitan Division, December 2024. https://www.labormarketinfo.edd.ca.gov. EXHIBIT 1 City Council 8 – 18 5/20/2025 Orange RPU PY 2025-2028 Regional Plan 12 | Page numbers reflect recovery, they underscore the need to address structural unemployment and labor force participation challenges, which remain below pre-pandemic levels at 62.07%29. Industry Unemployment Unemployment in Orange County continues to vary significantly across industries, highlighting an uneven recovery and ongoing structural challenges within the labor market. As of October 2024, the construction and manufacturing sectors are among the hardest hit, with 9% and 14% unemployment rates, respectively. These rates exceed the national averages of 12% for construction and 16% for manufacturing, underscoring vulnerabilities tied to fluctuating demand, supply chain disruptions, and seasonal dependencies30. Retail trade remains a notable area of concern, reporting a regional unemployment rate of 9%, driven by ongoing shifts in consumer behavior and the growing influence of e- commerce. While this figure is slightly below the national average of 11%, it signals continued challenges in the sector. Accommodation and food services, heavily impacted during the pandemic, have shown some stabilization but still face a regional unemployment rate of 6%, which aligns with the national average. This sector continues 29 Lightcast. Economy Overview. 30 Lightcast. Unemployment by Industry Sector. January 2025.https://analyst.lightcast.io/ 2019 2020 2021 2022 2023 January - July 2024 Aug-24 Sep-24 Oct-24 Uemplyment Rate 2.82%8.98%5.99%3.21%3.55%3.96%4.54%4.07%4.14% 0% 1% 2% 3% 4% 5% 6% 7% 8% 9% 10% Unemployment Rate Data Source: Lightcast EXHIBIT 1 City Council 8 – 19 5/20/2025 Orange RPU PY 2025-2028 Regional Plan 13 | Page to grapple with rising labor costs and evolving consumer dining preferences.31Meanwhile, health care and social assistance report a moderate unemployment rate of 10%, while educational services stand at 3%, reflecting trends consistent with national averages. Despite steady demand, these sectors face workforce shortages and mismatches between labor supply and market needs. Professional, scientific, and technical services, a critical driver of the regional economy, maintains relative stability with an unemployment rate of 5%, lower than the national average of 8%.32 Occupational Unemployment As of October 2024, Orange County recorded 65,727 unemployed individuals, with unemployment rates varying significantly across occupational sectors33. The disparities 31 Lightcast. Unemployment by Industry Sector. 32 Lightcast. Unemployment by Industry Sector. 33 Lightcast. Unemployment by Occupation Sector. January 2025.https://analyst.lightcast.io/ Data Source: Lightcast EXHIBIT 1 City Council 8 – 20 5/20/2025 Orange RPU PY 2025-2028 Regional Plan 14 | Page reflect structural challenges, skill mismatches, and broader economic trends impacting specific occupational groups. Management and office and administrative support occupations report some of the highest unemployment rates at 13%, aligning with the national average for these sectors. These figures underscore challenges within roles that are often subject to organizational restructuring or automation. Similarly, production occupations face an unemployment rate of 13%, equal to the national rate, reflecting vulnerabilities in manufacturing and supply chain-related roles.34 Sales and related occupations, with an unemployment rate of 8%, slightly outperform the national average of 9%, demonstrating some resilience despite changes in consumer behavior and retail industry dynamics. Meanwhile, construction and extraction occupations report an 8% unemployment rate, just below the national average of 9%, suggesting a mixed recovery in the construction sector, influenced by seasonal factors and fluctuating demand.35 In contrast, lower unemployment rates are observed in technical and specialized fields such as healthcare practitioners and technical occupations (2%), community and social service occupations (1%), and legal occupations (1%). These roles benefit from steady or increasing demand, particularly in health care and legal services. Meanwhile, occupations tied to lower-wage service roles, such as food preparation and serving- related occupations (5%) and building and grounds cleaning and maintenance occupations (3%), reflect consistent demand for essential services.36 Overall, occupational unemployment in Orange County illustrates a dual narrative of resilience in high-demand technical roles and ongoing challenges in industries impacted by automation, economic fluctuations, or shifting consumer preferences. These patterns emphasize the importance of workforce development initiatives tailored to bridge skill gaps and support individuals in vulnerable occupational sectors. 34 Lightcast. Unemployment by Occupation Sector. 35 Lightcast. Unemployment by Occupation Sector. 36 Lightcast. Unemployment by Occupation Sector. EXHIBIT 1 City Council 8 – 21 5/20/2025 Orange RPU PY 2025-2028 Regional Plan 15 | Page Data Source: Lightcast EXHIBIT 1 City Council 8 – 22 5/20/2025 Orange RPU PY 2025-2028 Regional Plan 16 | Page Demographic Insights Unemployment in Orange County disproportionately affects specific demographic groups, with notable disparities by age, race, and ethnicity. These trends highlight inequities in labor market outcomes and the need for targeted workforce strategies. Workers aged 25–34 accounted for the largest share of the unemployed population, comprising 25.95% (17,055 individuals). This age group reflects a critical segment of the labor force, often in transitional career stages or impacted by skill mismatches. Following this, workers aged 35–44 represented 22.45% of the unemployed (14,756 individuals), while the 45–54 age group made up 17.84% (11,724 individuals). Older workers, aged 55–59 and 60–64, accounted for 9.76% and 8.04%, respectively, indicating challenges for those nearing retirement. The youngest group, under 22, comprised 2.76% of the unemployed, reflecting limited labor market exposure, while those aged 65 and older represented 7.25% of unemployment (4,767 individuals)37. Racial disparities in unemployment remain significant. White workers constituted the largest share of unemployed individuals at 59.24% (38,935 individuals), reflecting their overall representation in the workforce. Asian workers accounted for 25.60% (16,828 individuals), while Black or African American workers made up 13.64% (8,965 individuals). American Indian or Alaskan Native workers experienced the smallest share, representing 1.52% (999 individuals). No unemployment was recorded for Native Hawaiian or Other Pacific Islander workers during this period38. 37 Lightcast. Economy Overview. 38 Lightcast. Economy Overview. Data Source: Lightcast Data Source: Lightcast EXHIBIT 1 City Council 8 – 23 5/20/2025 Orange RPU PY 2025-2028 Regional Plan 17 | Page Ethnic disparities are also evident, with Hispanic or Latino workers representing 45.02% (29,591 individuals) of the unemployed population. Those identifying as not Hispanic or Latino comprised a slightly larger share at 54.98% (36,136 individuals)39. These figures suggest potential barriers for Hispanic or Latino workers to access stable employment opportunities. Orange County's unemployment analysis underscores the need for targeted workforce development strategies to address industry-specific challenges and occupational skill gaps. Collaborative efforts between workforce boards, educational institutions, and employers can help mitigate unemployment disparities while preparing the labor force for future opportunities. B. Analysis of the Educational and Skill Levels of the Workforce, the Current Needs of Employers in the Region, and Relevant Skill Gaps The county’s extensive public educational infrastructure includes nine California Community Colleges (CCC), one California State University (CSU), and one University of California (UC) campus. In 2023, these institutions collectively supported over 84,491 graduates, with a significant concentration in liberal arts and business administration.40 This data underscores a potential disconnect between the fields in which students are graduating and the region's growing demand for technical skills, suggesting opportunities for stronger alignment between educational programs and workforce needs. Orange County’s residents demonstrate above-average educational attainment compared to national benchmarks. In 2023, approximately 87% of the population aged 25 or older have earned at least a high school diploma, and 51% hold an associate degree or higher. However, these averages mask significant disparities across racial and ethnic groups. While Orange County boasts impressive overall educational attainment, the 39 Lightcast. Economy Overview. 40 Lightcast. Economy Overview. Data Source: Lightcast !"#$!%C’#(%)(*+!%+I-’./%01$ 2P24 !"#ABAB C’()GHI-.GLM-HNO-P4’)N4)MRC’()GHI-PLSO’)M B789!: :!#A!AB ;SM’N)MM-.O<’N’MLGHL’=N-HNO->HNH?)<)NL8-@)N)GHI 78B99 "!#ABAB AMB4C=I=?B8-@)N)GHI a8BbB :B#acAB d)?’ML)G)O-eSGM’N?Rd)?’ML)G)O-eSGM)!8"B9 !"#ABAa IS<HN’L’)MRIS<HN’ML’4-PLSO’)M B8cbB aA#ABAB ;’=I=?’4HI-HNO-ACBM’4HI-P4’)N4)M B8:"c BB#A7AB g=<hSL)G-P4’)N4)B8ac7 aA#9999 >SIL’iRMNL)GO’M4’hI’NHGB-PLSO’)M8-NLC)G B8ab9 !b#ABAB ;’=I=?BR;’=I=?’4HI-P4’)N4)M8-@)N)GHI B8ab7 A9#ABAB Ph))4C-g=<<SN’4HL’=N-HNO-dC)L=G’4 B8aa9 Data Source: Lightcast Orange County Regional Institutions Top Program Completions EXHIBIT 1 City Council 8 – 24 5/20/2025 Orange RPU PY 2025-2028 Regional Plan 18 | Page disparities across racial and ethnic groups reveal a more complex story. In 2023, White Non-Hispanic individuals earned the highest number of college degrees, with 558,561 graduates, followed by Asian Non-Hispanic individuals, who earned 335,536 degrees. In contrast, Black and Non-Hispanic individuals earned 19,521 degrees, highlighting a significant gap in representation. Among Hispanic populations, White Hispanic individuals earned 165,339 degrees, while other Hispanic subgroups, such as Black Hispanic (2,673), Asian Hispanic (2,606), and Native Hawaiian or Pacific Islander Hispanic (568), reported far lower numbers.41 Indigenous populations also faced significant disparities, with American Indian or Alaskan Native, non-Hispanic individuals earning only 1,376 degrees and their Hispanic counterparts earning 4,727. Similarly, Native Hawaiian or Pacific Islander, non-Hispanic individuals earned 2,148 degrees, and those identifying as Two or More Races, non- Hispanic, earned 18,277. The disparities become even more apparent among Hispanic individuals in these categories, with only 568 degrees earned by Native Hawaiian or Pacific Islander Hispanic individuals and 3,657 by Two or More Races, Hispanic individuals.42 These disparities are reflected in the composition of the workforce, particularly in access to middle- and high-skill roles that require postsecondary education or technical certifications. The most popular academic programs in the region, such as Liberal Arts and Sciences (17,925 completions in 2023), Business Administration and Management (7,199 completions), and Psychology (3,161 completions), provide broad-based skills but often do not align directly with specific employer needs in fields like healthcare, logistics, or technology.43 Current Employer Needs Orange County employers benefit from a highly educated workforce, yet many struggle to find candidates with the right mix of technical and soft skills to meet labor market demands. Skill gaps persist across key sectors, including healthcare, business, technology, and manufacturing, limiting the region’s ability to fully capitalize on its economic potential. Employers across Orange County consistently highlight significant skill gaps that hinder their ability to meet business demands, as identified through regional plan stakeholder meetings, business services engagements, and the Jobs First Regional Plan. While job posting data provides critical insights into workforce needs, employer feedback underscores that gaps exist in both technical and soft skills. Industries such as healthcare, technology, and finance report challenges finding candidates proficient in digital literacy, AI-related skills, and industry-specific certifications, such as those required for nursing assistants, bookkeeping, and auditing clerks. Additionally, employers emphasize the growing importance of interpersonal competencies, including communication, problem- solving, and customer service skills, which are often insufficiently addressed in traditional educational programs. This feedback highlights the need for a more holistic approach to 41 Lightcast. Educational Capital Attainment Snapshot. Accessed January 2025. https://analyst.lightcast.io. 42 Lightcast. Educational Capital Attainment Snapshot 43 Lightcast. Educational Capital Attainment Snapshot EXHIBIT 1 City Council 8 – 25 5/20/2025 Orange RPU PY 2025-2028 Regional Plan 19 | Page workforce development that integrates technical expertise with interpersonal skills to prepare candidates for a rapidly evolving labor market. Orange County's workforce faces both opportunities and challenges in aligning the skills of job seekers with employer demands. Analyzing the demand for specialized, common, and software skills reveals critical insights into the region’s labor market dynamics. While certain skills show a strong alignment between employer needs and job seeker offerings, others highlight significant gaps that could hinder workforce development and economic growth. Addressing these disparities is essential for closing skill gaps and maintaining the region's competitiveness. Specialized Skills Specialized skills refer to specific technical or professional abilities required for particular roles or industries, such as accounting, nursing, or project management. These skills are distinct from general competencies like communication or teamwork and are critical for performing specialized tasks effectively. There is a noticeable mismatch in areas like marketing and project management in the specialized skills category. Marketing is highly represented in job seeker profiles, far exceeding its demand in job postings, while project management shows a more balanced alignment. In contrast, auditing, accounting, and nursing skills appear more frequently in job postings than job seekers' profiles, indicating potential gaps in the workforce supply for these fields. Similarly, warehousing and invoicing are underrepresented in job seekers' profiles despite notable demand in job postings, further highlighting this misalignment. Common Skills Common skills refer to general, transferable abilities that are valuable across a wide range of roles and industries, such as communication, leadership, and problem-solving. EXHIBIT 1 City Council 8 – 26 5/20/2025 Orange RPU PY 2025-2028 Regional Plan 20 | Page These skills are essential for workplace success and are often universally sought by employers. For common skills, communication is overwhelmingly the most requested by employers, appearing in over 30% of job postings, yet it is underrepresented in job seeker profiles. Customer service and management show better alignment between employer demand and job seeker supply, while leadership and problem-solving skills are more frequently requested in job postings than emphasized in profiles. This suggests opportunities for job seekers to better highlight these competencies. Conversely, skills like writing and Microsoft Excel exhibit relatively balanced representation between job postings and profiles, reflecting areas of alignment. Software Skills Software skills refer to the ability to use specific computer programs or applications required for various tasks across industries, from general productivity tools to specialized technical platforms. In this category, Microsoft Excel is the most frequently cited skill in both job postings and job seeker profiles, demonstrating strong alignment. Other widely used software, such as Microsoft Office, Word, and PowerPoint, also show similar trends. However, specialized tools such as SQL, Python, SAP applications, and Salesforce are more commonly requested in job postings than reflected in job seeker profiles. This indicates a potential skills gap in these technical areas that could hinder workforce readiness for roles requiring advanced software expertise. EXHIBIT 1 City Council 8 – 27 5/20/2025 Orange RPU PY 2025-2028 Regional Plan 21 | Page Skills Gap Projections Using machine learning to analyze job postings, employment trends, and historical data, Skill Projections in Analyst by Lightcast offers a two-year outlook on workforce needs, providing valuable insights into the skills employers require most. Identifying rapidly growing and growing projections helps illuminate areas where workforce readiness and employer demands are misaligned. When combined with direct feedback from employers, these projections highlight critical opportunities for targeted workforce development. Specialized Skills Gaps Projections show significant growth in specialized skills like automation (30.5%), finance (27.3%), and data analysis (25.8%)Specialized Skills.44 These trends align with employer feedback, which emphasizes the increasing importance of these skills in sectors such as technology, finance, and business operations. However, job seeker profiles often lag behind the demand, creating a challenge for industries that rely heavily on these competencies. Other high-growth areas, including accounting (24% growth) and nursing (20.1% growth), reflect persistent needs in healthcare and finance.45 Employers have consistently highlighted the difficulty of filling roles requiring these skills, especially as technological and operational demands continue to evolve. Addressing these shortages through targeted training and certification programs will be crucial for aligning the workforce with industry needs. Specialized Skills Gap Postings % of Total Postings Profiles Projected Skill Growth Skill Growth Relative to Market Automation 6,823 2% 16,101 31% Rapidly Growing Restaurant Operation 11,793 3% 12,788 28% Rapidly Growing Finance 15,212 4% 44,097 27% Rapidly Growing Process Improvement 9,098 2% 35,339 27% Rapidly Growing Computer Science 9,746 3% 5,205 27% Rapidly Growing Data Analysis 9,546 3% 35,589 26% Rapidly Growing New Product Development 8,135 2% 42,107 24% Rapidly Growing Accounting 19,918 5% 53,715 24% Rapidly Growing Continuous Improvement Process 8,487 2% 14,142 23% Rapidly Growing Caregiving 5,907 2% 4,292 23% Rapidly Growing Marketing 26,097 7% 130,872 23% Rapidly Growing Customer Relationship Management 10,842 3% 36,736 22% Rapidly Growing Auditing 20,133 5% 36,308 22% Rapidly Growing Cash Register 6,099 2% 5,793 21% Rapidly Growing Accounts Receivable 5,917 2% 19,179 21% Rapidly Growing Nursing 18,115 5% 7,941 20% Rapidly Growing Financial Statements 8,238 2% 22,338 20% Rapidly Growing Billing 12,222 3% 17,115 20% Rapidly Growing 44 Lightcast. Job Postings Analysis Tool. Accessed January 15, 2025. https://analyst.lightcast.io 45 Lightcast, Job Postings Analysis Tool. EXHIBIT 1 City Council 8 – 28 5/20/2025 Orange RPU PY 2025-2028 Regional Plan 22 | Page Project Management 24,577 7% 104,633 20% Rapidly Growing Purchasing 9,653 3% 31,286 20% Rapidly Growing Nursing Care 6,140 2% - 19% Growing Sales Prospecting 8,351 2% 10,335 19% Growing Administrative Support 7,217 2% 10,875 19% Growing Workflow Management 11,018 3% 15,903 18% Growing Product Knowledge 9,071 2% 6,192 18% Growing Infection Control 5,493 1% - 17% Growing Office Equipment 7,961 2% 2,012 17% Growing Invoicing 13,228 4% 21,731 16% Growing Key Performance Indicators (KPIs) 8,228 2% 9,343 16% Growing Merchandising 19,515 5% 28,804 15% Growing General Mathematics 8,122 2% - 15% Growing Procurement 5,871 2% 14,412 14% Growing Front Office 5,432 1% 6,600 14% Growing Housekeeping 8,759 2% 2,174 13% Growing Warehousing 12,849 3% 14,836 13% Growing Inventory Management 9,863 3% 26,648 13% Growing Medical Records 9,110 2% 8,339 13% Growing Food Safety And Sanitation 6,051 2% 4,374 12% Growing Medical Terminology 7,153 2% 4,198 11% Growing Construction 8,359 2% 20,587 11% Growing Standard Operating Procedure 5,986 2% 3,509 10% Growing Cash Handling 6,597 2% 4,035 9% Growing Data Source: Lightcast Common Skills Gaps The demand for common skills is projected to grow significantly, particularly for critical thinking (23.4%), innovation (25.8%), and self-motivation (22.7%). Despite being frequently mentioned by employers as essential, these skills remain underrepresented in job seeker profiles. Employers have emphasized that these competencies are critical for adaptability and problem-solving in dynamic work environments, yet they are often insufficiently integrated into traditional education and training programs. The projected growth of skills like prioritization and troubleshooting, exceeding 20%, reinforces the importance of developing workforce training programs that prepare candidates to meet these demands. Employer feedback has consistently underscored the need for candidates who can combine technical expertise with these essential workplace competencies. Common Skills Gap Postings % of Total Postings Profiles % of Total Profil es Projected Skill Growth Skill Growth Relative to Market Microsoft PowerPoint 18,299 5% 74,729 6% 26.10% Rapidly Growing Innovation 13,539 4% 37,661 3% 25.80% Rapidly Growing Microsoft Outlook 21,253 6% 28,244 2% 25.00% Rapidly Growing Critical Thinking 11,643 3% 10,148 1% 23.40% Rapidly Growing EXHIBIT 1 City Council 8 – 29 5/20/2025 Orange RPU PY 2025-2028 Regional Plan 23 | Page Common Skills Gap Postings % of Total Postings Profiles % of Total Profil es Projected Skill Growth Skill Growth Relative to Market Together Presentations 21,176 6% 29,192 3% 23.00% Rapidly Growing Self-Motivation 24,089 7% 2,885 0% 22.70% Rapidly Growing Prioritization 20,759 6% 4,389 0% 20.50% Rapidly Growing Mathematics 15,463 4% 10,139 1% 20.20% Rapidly Growing Filing 11,649 3% 14,342 1% 20.20% Rapidly Growing Troubleshooting (Problem Solving) 18,612 5% 24,582 2% 19.00% Growing Teaching 16,168 4% 44,891 4% 18.80% Growing Accountability 11,178 3% 7,726 1% 18.70% Growing Microsoft Office 33,168 9% 120,839 11% 18.50% Growing Multitasking 30,833 8% 10,831 1% 18.40% Growing Positivity 12,348 3% 1,705 0% 18.40% Growing Ethical Standards And Conduct 13,624 4% 6,042 1% 18.30% Growing Microsoft Excel 36,798 10% 108,987 9% 17.70% Growing Good Driving Record 11,020 3% 56 0% 17.30% Growing Research 26,200 7% 100,271 9% 17.20% Growing Teamwork 18,632 5% 40,833 4% 16.50% Growing Mentorship 11,375 3% 16,229 1% 16.50% Growing Budgeting 10,555 3% 32,106 3% 16.50% Growing Scheduling 24,058 7% 26,315 2% 16.40% Growing Coaching 14,118 4% 30,337 3% 16.40% Growing English Language 32,707 9% 23,820 2% 15.30% Growing Professionalism 24,296 7% 5,467 0% 15.10% Growing Coordinating 28,149 8% 27,803 2% 14.70% Growing Time Management 25,606 7% 42,538 4% 14.50% Growing Organizational Skills 30,271 8% 10,981 1% 14.30% Growing Administrative Functions 12,385 3% 7,916 1% 13.60% Growing Decision Making 13,522 4% 7,747 1% 13.50% Growing Ability To Meet Deadlines 11,932 3% 2,783 0% 12.80% Growing Interpersonal Communications 33,066 9% 12,349 1% 12.50% Growing Multilingualism 16,387 4% 7,080 1% 12.00% Growing Writing 40,915 11% 26,986 2% 11.80% Growing Problem Solving 46,519 13% 30,567 3% 11.30% Growing Cleanliness 15,242 4% 4,214 0% 11.10% Growing Planning 35,105 10% 47,976 4% 10.90% Growing Lifting Ability 24,826 7% 262 0% 10.60% Growing Data Source: Lightcast Software Skills Gaps Software skills continue to show rapid growth, with tools like Microsoft Azure (28.9%), Salesforce (24.7%), and Python (24.5%) leading the wayin Software Skills. Employers have identified a gap in advanced technical proficiencies, particularly in emerging technologies critical to data management, project coordination, and business intelligence. While foundational tools like Microsoft Excel, PowerPoint, and Outlook show strong alignment with job seeker profiles, newer platforms such as JIRA (24.1%), Tableau EXHIBIT 1 City Council 8 – 30 5/20/2025 Orange RPU PY 2025-2028 Regional Plan 24 | Page (20.8%), and SAP applications (21.6%) highlight evolving workforce needs. The increasing demand for these specialized tools underscores the importance of upskilling programs and industry partnerships to ensure workers are equipped for roles in rapidly changing technological environments. Software Skills Postings % of Total Postings Profiles % of Total Profiles Projected Skill Growth Skill Growth Relative to Market Microsoft Azure 2,262 1% 3,534 0% 28.90% Rapidly Growing Microsoft PowerPoint 18,299 5% 74,729 6% 26.10% Rapidly Growing Dashboard 2,509 1% 5,229 0% 25.30% Rapidly Growing Microsoft Outlook 21,253 6% 28,244 2% 25.00% Rapidly Growing Salesforce 4,428 1% 18,841 2% 24.70% Rapidly Growing Python (Programming Language) 4,756 1% 16,593 1% 24.50% Rapidly Growing Microsoft Office 365 1,295 0% 2,511 0% 24.20% Rapidly Growing JIRA 2,252 1% 5,860 1% 24.10% Rapidly Growing SolidWorks (CAD) 1,411 0% 8,542 1% 24.10% Rapidly Growing Amazon Web Services 3,125 1% 6,947 1% 24.00% Rapidly Growing Operating Systems 3,302 1% 7,463 1% 22.60% Rapidly Growing Spreadsheets 6,760 2% 7,842 1% 22.20% Rapidly Growing SAP Applications 4,700 1% 10,302 1% 21.60% Rapidly Growing Cascading Style Sheets (CSS) 1,292 0% 10,568 1% 21.40% Rapidly Growing Tableau (Business Intelligence Software) 1,719 0% 4,951 0% 20.80% Rapidly Growing Accounting Software 2,496 1% 2,769 0% 20.50% Rapidly Growing Power BI 1,995 1% 2,826 0% 20.40% Rapidly Growing R (Programming Language) 1,400 0% 4,785 0% 20.30% Rapidly Growing Google Workspace 2,385 1% 2,430 0% 18.80% Growing JavaScript (Programming Language) 2,299 1% 14,713 1% 18.60% Growing Microsoft Office 33,168 9% 120,839 11% 18.50% Growing Autodesk Revit 1,295 0% 2,868 0% 18.30% Growing Microsoft Excel 36,798 10% 108,987 9% 17.70% Growing Java (Programming Language) 2,156 1% 15,648 1% 17.40% Growing AutoCAD 3,064 1% 13,176 1% 16.90% Growing Microsoft Teams 1,253 0% 1,288 0% 16.80% Growing Epic EMR 2,089 1% 2,059 0% 16.40% Growing C# (Programming Language) 1,569 0% 8,833 1% 16.10% Growing Human Resources Information System (HRIS) 1,740 0% 4,422 0% 14.60% Growing Database Systems 1,247 0% 1,209 0% 13.60% Growing Zoom (Video Conferencing Tool) 1,596 0% 2,146 0% 13.10% Growing Inventory Management System 1,395 0% 1,377 0% 12.00% Growing Software Systems 1,816 0% 1,272 0% 11.90% Growing Adobe Illustrator 1,771 0% 14,598 1% 11.50% Growing EXHIBIT 1 City Council 8 – 31 5/20/2025 Orange RPU PY 2025-2028 Regional Plan 25 | Page Skills Postings % of Total Postings 17,801 % of Total Profiles Projected Skill Growth Skill Growth Relative to Market HyperText Markup Language (HTML) 1,655 0% 4,960 2% 11.40% Growing Git (Version Control System) 1,350 0% 12,201 0% 11.40% Growing QuickBooks (Accounting Software) 2,392 1% 11,768 1% 10.90% Growing C (Programming Language) 1,647 0% 14,819 1% 10.10% Growing C++ (Programming Language) 2,219 1% 31,629 1% 10.00% Growing Adobe Photoshop 2,155 1% 7,206 3% 9.60% Growing Application Programming Interface (API) 2,421 1% 1,288 1% 9.50% Growing Customer Relationship Management (CRM) Software 1,563 0% 10,770 0% 9.50% Growing Linux 1,985 1% 3,534 1% 8.90% Growing Data Source: Lightcast The insights from Skills Projections and employer feedback highlight the need for a coordinated approach to workforce development. Expanding access to training in high- growth skills while integrating critical workplace competencies into education and professional development programs will be key to addressing these gaps. By aligning workforce strategies with projected demands, Orange County can ensure its labor market remains competitive and prepared for future challenges. C. Analysis of Industries and Occupations with Existing and Emerging Demand Emerging industries and occupations represent dynamic opportunities within Orange County’s economic landscape. These sectors are driven by technological advancements, changes in consumer behavior, and evolving regulatory environments. While some industries are at the forefront of innovation, others are experiencing steady growth fueled by regional competitiveness and rising demand. Together, they highlight areas where workforce development and strategic investments can help build a stronger, more resilient economy. To identify these high-potential industries and occupations, we employed a comprehensive, data-driven approach: • Emerging Innovation-Driven Industries (Future Growth Sectors): These industries are projected to define the next decade of economic expansion. Though their current presence in Orange County may be limited, they are poised for rapid growth due to advancements in technology, global trends, and policy incentives. • Emerging Data-Driven Industries (Growing in Orange County Now): These industries are experiencing strong job growth and increasing regional specialization, as evidenced by upward trends in metrics like location quotient (LQ) and competitive effect. These trends underscore their importance to the region’s future economic success. EXHIBIT 1 City Council 8 – 32 5/20/2025 Orange RPU PY 2025-2028 Regional Plan 26 | Page Through this lens, we analyze both current and future opportunities, focusing on sectors poised to reshape the workforce landscape. By combining location quotient analysis with job growth rates and competitive effect, we provide a forward-looking perspective that bridges today’s growth trends with tomorrow’s opportunities. 1. Emerging Innovation-Driven Industries (Future Growth Sectors) Innovation-driven industries are expected to shape the next wave of economic growth. Technological breakthroughs, policy shifts, and rising national and global demand propel these sectors. Examples include renewable energy, cybersecurity, and biotechnology, which offer substantial potential for workforce development. Industry Growth Drivers Workforce Implications Renewable Energy & Green Technologies Government incentives, clean energy mandates, climate policy Increased demand for solar PV installers, wind turbine technicians, energy analysts Cybersecurity & AI- Driven Technologies Rising cyber threats, AI adoption, regulatory compliance High demand for cybersecurity engineers, AI strategists, cloud security specialists Biotech & Life Sciences Advances in genomics, pharmaceutical R&D, personalized medicine Growth in biomedical engineering, genetic counseling, clinical research data analysis Smart Infrastructure & Urban Mobility Smart cities, IoT-connected urban systems, green construction Demand for smart grid engineers, urban mobility planners, EV infrastructure specialists Autonomous Transportation & Electric Vehicles Expansion of EV technology, state emissions mandates Demand for EV mechanics, automation engineers, battery specialists Key Insights: • Investment in STEM education and technical certifications is essential to prepare workers for biotech, AI, and cybersecurity careers. • Public-private partnerships in renewable energy and smart infrastructure will help build career pathways in sustainability-focused industries. • Increased digital literacy and automation training will be needed to support the transition to AI-integrated workplaces. 2. Emerging Data-Driven Industries (Growing in Orange County Now) Emerging industries and occupations represent dynamic opportunities within Orange County’s economic landscape. These sectors are driven by technological advancements, changes in consumer behavior, and evolving regulatory environments. While some industries are at the forefront of innovation, others are experiencing steady growth fueled by regional competitiveness and rising demand. Together, they highlight areas where workforce development and strategic investments can help build a stronger, more resilient economy. EXHIBIT 1 City Council 8 – 33 5/20/2025 Orange RPU PY 2025-2028 Regional Plan 27 | Page These industries were identified as emerging using a thorough analysis of 3-digit NAICS codes. The selection criteria focused on industries with a location quotient (LQ) that increased between 2019 and 2024 but remained below 1.2, signaling growing regional specialization. Additionally, industries were filtered to include those with a competitive effect greater than 1, meaning they outperformed national trends due to regional strengths. To ensure significant economic impact, the analysis also considered industries with job growth exceeding 10% and total employment of more than 1,000 jobs in 2024.46 Key highlights include: • Ambulatory Health Care Services experienced significant job growth, adding 14,792 jobs (15% growth) from 2019 to 2024, driven by the rising demand for outpatient care. This industry’s competitive effect of 1,254 underscores its regional strength in meeting healthcare needs.47 • Transportation Equipment Manufacturing grew by 25%, adding 3,751 jobs, with a notable competitive effect of 3,011. This growth reflects Orange County’s advancements in manufacturing capabilities and its ability to respond to regional and national transportation needs.48 • Couriers and Messengers saw remarkable growth, increasing by 64% and adding 4,688 jobs. This expansion was fueled by the growth of e-commerce and showed a competitive effect of 1,450, highlighting the region’s adaptability in logistics.49 • Nursing and Residential Care Facilities demonstrated steady growth, with a 5% increase in jobs (1,340 new positions) and a competitive effect of 2,634. This reflects the rising demand for long-term care services in an aging population.50 Additional industries driving growth include Beverage and Tobacco Product Manufacturing (+30% job growth), Utilities (+14%), and Air Transportation (+24%). These industries collectively illustrate Orange County’s evolving economic landscape, where regional strengths align with emerging national trends.51 NAICS Description 2019 Jobs 2024 Jobs 2019 - 2024 Change 2019 - 2024 % Change Competitive Effect 2019 LQ 2024 LQ 621 Ambulatory Health Care Services 98,777 113,569 14,792 15% 1,254 1.09 1.15 624 Social Assistance 50,344 61,598 11,253 22% 5,058 1.00 1.14 336 Transportation Equipment Manufacturing 15,054 18,805 3,751 25% 3,011 0.77 0.96 611 Educational Services 40,189 43,531 3,342 8% 1,659 0.85 0.93 492 Couriers and Messengers 7,285 11,973 4,688 64% 1,450 0.73 0.87 485 Transit and Ground Passenger Transportation 6,177 6,273 96 2% 607 0.75 0.87 623 Nursing and Residential Care Facilities 28,177 29,516 1,340 5% 2,634 0.74 0.86 46 Lightcast. Industry Analysis Tool. Accessed January 2025. https://analyst.lightcast.io 47 Lightcast, Industry Analysis Tool. 48 Lightcast, Industry Analysis Tool. 49 Lightcast, Industry Analysis Tool. 50 Lightcast, Industry Analysis Tool. 51 Lightcast, Industry Analysis Tool. EXHIBIT 1 City Council 8 – 34 5/20/2025 Orange RPU PY 2025-2028 Regional Plan 28 | Page NAICS Description 2019 Jobs 2024 Jobs 2019 - 2024 Change 2019 - 2024 % Change Competitive Effect 2019 LQ 2024 LQ 519 Web Search Portals, Libraries, Archives, and Other Information Services 1,025 1,634 610 59% 360 0.55 0.74 312 Beverage and Tobacco Product Manufacturing 2,124 2,758 634 30% 163 0.65 0.72 622 Hospitals 33,389 36,355 2,966 9% 1,421 0.58 0.63 221 Utilities 2,980 3,392 412 14% 202 0.48 0.54 457 Gasoline Stations and Fuel Dealers 5,033 5,828 795 16% 593 0.44 0.51 481 Air Transportation 1,114 1,386 273 24% 136 0.19 0.22 484 Truck Transportation 6,490 7,330 840 13% 483 0.33 0.37 Data Source: Lightcast Emerging Occupations with Regional Demand Emerging occupations are closely tied to the industries experiencing rapid growth in Orange County. These roles address key workforce needs in healthcare, logistics, and transportation, reflecting the impact of technological advancements, demographic changes, and regional economic strengths. Key highlights include: • Home Health and Personal Care Aides added 12,921 jobs, representing 22% growth from 2019 to 2024. This occupation has a competitive effect of 6,873, with an LQ increase from 0.96 to 1.11, signaling rising regional demand driven by an aging population.52 • Healthcare Diagnosing or Treating Practitioners grew by 17%, adding 9,386 jobs. With a competitive effect of 3,208, this occupation supports the expanding need for specialized medical services, reflecting Orange County’s emphasis on healthcare access.53 • Supervisors of Transportation and Material Moving Workers added 1,936 jobs, growing by 49%. Its competitive effect of 710 and LQ increase from 0.74 to 0.88 highlight the growing importance of logistics and supply chain management in the region.54 SOC Description 2019 Jobs 2024 Jobs 2019 - 2024 % Change Median Hourly Earnings Competitive Effect 2019 LQ 2024 LQ 31-1100 Home Health and Personal Care Aides; and Nursing Assistants, Orderlies, and Psychiatric Aides 57,941 70,862 22% $15.57 6,873 0.96 1.11 29-1000 Healthcare Diagnosing or Treating Practitioners 54,875 64,261 17% $62.72 3,208 0.81 0.89 53-3000 Motor Vehicle Operators 34,768 40,304 16% $22.72 3,496 0.65 0.74 52 Lightcast. Occupational Analysis Tool. Accessed January 2025. https://analyst.lightcast.io 53 Lightcast. Occupational Analysis Tool. 54 Lightcast. Occupational Analysis Tool. EXHIBIT 1 City Council 8 – 35 5/20/2025 Orange RPU PY 2025-2028 Regional Plan 29 | Page SOC Description 2019 Jobs 2024 Jobs 2019 - 2024 % Change Median Hourly Earnings Competitive Effect 2019 LQ 2024 LQ 21-1000 Counselors, Social Workers, and Other Community and Social Service Specialists 26,568 31,422 18% $27.30 1,974 1.01 1.12 29-2000 Health Technologists and Technicians 26,431 30,547 16% $30.96 2,587 0.78 0.89 33-9000 Other Protective Service Workers 19,357 22,510 16% $18.61 1,916 1.03 1.18 53-1000 Supervisors of Transportation and Material Moving Workers 3,926 5,862 49% $28.95 710 0.74 0.88 49-1000 Supervisors of Installation, Maintenance, and Repair Workers 3,832 5,373 40% $40.65 695 0.66 0.80 37-1000 Supervisors of Building and Grounds Cleaning and Maintenance Workers 4,045 4,875 21% $24.68 315 1.01 1.13 19-3000 Social Scientists and Related Workers 3,763 4,599 22% $50.32 273 1.02 1.14 39-2000 Animal Care and Service Workers 2,832 3,746 32% $15.81 130 0.75 0.81 33-1000 Supervisors of Protective Service Workers 1,449 2,185 51% $46.81 552 0.39 0.54 19-5000 Occupational Health and Safety Specialists and Technicians 1,408 1,943 38% $53.73 45 1.10 1.18 53-2000 Air Transportation Workers 1,103 1,373 24% $60.32 119 0.28 0.32 39-4000 Funeral Service Workers 269 441 64% $18.89 170 0.35 0.59 53-4000 Rail Transportation Workers 268 322 20% $27.18 13 0.20 0.22 Data Source: Lightcast Key Insights: • Investment in caregiving, logistics, and healthcare training programs is critical to meet workforce demand in these growing occupations. • Aligning educational resources and partnerships with employer needs will support sustained job growth in these sectors. III. REGIONAL INDICATORS The California Workforce Development Board has established Regional Indicators to assess coordination and measure progress within California’s 15 Regional Planning Units (RPUs). These indicators track processes and activities that support regional workforce alignment with industry needs. Each RPU must establish objective metrics associated with at least two or more of the following four Regional Indicators: • Indicator A: The region has a process to communicate industry workforce needs to supply-side partners. • Indicator B: The region has policies supporting equity and strives to improve job quality. EXHIBIT 1 City Council 8 – 36 5/20/2025 Orange RPU PY 2025-2028 Regional Plan 30 | Page • Indicator C: The region has shared target populations of emphasis. • Indicator D: The region deploys shared/pooled resources to provide services, training, and education to meet target population needs. A. Regional Indicator and Associated Outcomes and Metrics Indicator A: The Region Has a Process to Communicate Industry Workforce Needs to Supply-Side Partners Members of the three Workforce Development Boards (WDBs) that comprise the Orange RPU have retained Indicator A, which focuses on aligning supply and demand in key regional sectors and occupations. This requires workforce boards to understand employer demands such as skills, competencies, and the number of available positions. Aligning industry workforce needs with supply-side training and education ensures a strong talent pipeline and promotes economic growth in the region. In alignment with Regional Plan Implementation (RPI) grants, the following outcomes, strategies, and metrics have been established. Outcomes and Metrics Outcome 1: Region has developed benchmarks and measurements to track improvement in the number of individuals placed in jobs that align with the sectors and occupations emphasized in the Regional Plan. Strategies 1. Identify at least two high-demand job classifications per target sector. 2. Capture and document job openings in these classifications. 3. Broadcast job openings via a regional website and direct engagement. 4. Track enrollments in training for demand occupations in CalJOBS. 5. Monitor placements made by system partners using CalJOBS. 6. Measure year-over-year increases in placements, incorporating data from non- CalJOBS users over time. Metrics 1. Job Classifications Tracked for Supply-Side Partners: The region will track at least two in-demand job classifications per target sector to assess workforce needs, ensuring alignment with industry demand. 2. Demand Job Openings Tracked: The annual count of job openings in selected classifications to measure workforce demand. 3. Demand Jobs Communicated to Supply-Side Partners: The number of job openings shared to measure effective communication with partners. 4. Individuals Trained for Demand Jobs: The number of individuals enrolled in sector- specific training as reported in CalJOBS. 5. Individuals Placed in Target Sector Jobs: The number of individuals secured in demand jobs within target sectors, as reported in CalJOBS. EXHIBIT 1 City Council 8 – 37 5/20/2025 Orange RPU PY 2025-2028 Regional Plan 31 | Page Outcome 2: Region has developed benchmarks and methods to track workforce partner professional development training on priority sectors and industry workforce needs. Strategies 1. Distribute monthly labor market updates from EDD to workforce partners. 2. Conduct professional development sessions on priority sector workforce needs. 3. Develop regional training reports on target industry trends. 4. Track workforce partner participation in professional development. 5. Survey training effectiveness and knowledge retention among workforce partners. Metrics 1. Information Sharing: 100% of scheduled monthly labor market updates are distributed to partners. 2. Training Sessions: Number of professional development sessions conducted annually. 3. Training Participation: Total number of WIOA-funded staff and workforce system representatives attending training. 4. Knowledge Application: At least 80% of training participants report the ability to apply information learned in their work. Indicator C: The Region Has Shared Target Populations of Emphasis This indicator supports the prioritization of specific populations to ensure equitable access to workforce services and tailored support that addresses their unique challenges. The Orange RPU has chosen to focus on the reentry population—individuals transitioning from incarceration—to promote their successful reintegration into the workforce and economic stability. Outcome 1: Develop Benchmarks and Systems to Support Equitable Access for the Reentry Population Strategies to be used to achieve this outcome will include, but are not limited to, the following: • Identify specific barriers the reentry population faces and design targeted interventions to address them. • Establish partnerships with correctional facilities, community-based organizations, and employers to provide a coordinated support network. • Work with education partners to develop and implement training programs tailored to the reentry population, focusing on skill-building for high-demand sectors. Metrics: • Percentage of reentry population participants enrolled in workforce programs. • Retention rate of reentry population participants in training programs. EXHIBIT 1 City Council 8 – 38 5/20/2025 Orange RPU PY 2025-2028 Regional Plan 32 | Page • Number of partnerships established to support reentry population workforce integration. • Job placement rate for reentry population participants in high-demand occupations. Outcome 2: Ensure Pathways to Sustainable Employment for the Reentry Population Strategies to be used to achieve this outcome will include, but are not limited to, the following: • Work with employers to develop and promote fair hiring practices for the reentry population. • Identify and support work-based learning opportunities. • Track wage progression for reentry population participants to ensure economic mobility. Metrics: • Percentage of reentry population participants placed in jobs paying self-sufficient wages. • Number of employers engaged in fair hiring practices for the reentry population. • Retention rate of reentry population participants in employment. B. Assessment of Impacts, Lessons Learned, and Progress on Tracking and Evaluating Indicator A A core focus of Indicator A has been to improve how industry workforce needs are communicated to supply-side partners, ensuring that training programs remain aligned with employer demands. Over the past planning cycle, workforce system partners have enhanced professional development, employer engagement, and data-sharing efforts to support this goal. While progress has been made, ongoing challenges remain in fully integrating sector strategies across K-12 and community college systems and establishing seamless data-sharing agreements. Workforce staff, particularly those at America’s Job Centers of California (AJCCs), have deepened their understanding of regional priority sectors through ongoing labor market information updates and targeted industry training sessions. This increased knowledge has allowed staff to provide more informed career guidance, improve job seeker referrals, and better align training recommendations with industry demand. Collaboration with K-12 and community colleges remains an area of focus, as aligning curriculum with workforce needs requires continuous coordination across multiple education and industry partners. While efforts have been made to define pathways into high-demand industries, bridging the gap between education and employment remains a complex process requiring sustained engagement. EXHIBIT 1 City Council 8 – 39 5/20/2025 Orange RPU PY 2025-2028 Regional Plan 33 | Page Efforts to strengthen information sharing have included discussions on data-sharing agreements with community college partners, which would enable a more comprehensive understanding of training outcomes and employment placements. However, navigating legal and logistical challenges associated with these agreements requires continued exploration. Employers have been more engaged in workforce planning efforts, providing insights into hiring trends, skill gaps, and emerging industry needs. This input has helped refine training priorities and job placement strategies, ensuring that workforce services remain responsive to regional labor demands. Additionally, workforce boards have focused on improving employer outreach, making it easier for businesses to connect with job seekers and access workforce resources. Although there are still areas for improvement, these efforts have laid the foundation for a more data-driven and industry-aligned workforce system. Continued collaboration with education partners, enhanced employer engagement, and progress in data-sharing initiatives will be key to further strengthening the region’s ability to meet workforce needs. IV. FOSTERING DEMAND-DRIVEN SKILLS ATTAINMENT As Orange County evolves, equipping job seekers with the right skills to meet the needs of growing industries is more important than ever. The region’s workforce development strategy is designed to adapt to historical economic trends and respond to emerging labor market shifts by aligning education and training programs with real-time industry demands. To achieve this, workforce boards and education partners must collaborate closely with employers to ensure workers acquire the skills needed for sustainable, well- paying careers while supporting the region’s key economic drivers. A critical mechanism for aligning workforce training with industry needs is the identification of in-demand industry sectors and occupations. Orange County boasts a strong economic foundation, with industries such as healthcare, technology, manufacturing, and tourism playing central roles in employment and regional growth. However, shifting labor trends, rapid technological advancements, and evolving workforce demands require reevaluating the region’s priorities to ensure continued economic vitality over the next four years. A. In-Demand Industry Sectors for the Region The Orange County Center of Excellence (OC COE), through its work on the Orange County Sector Analysis Project, identified eight priority industry sectors based on a comprehensive analysis of labor market data, including job growth projections, wage levels, and alignment with local Sectors Community Colleges Orange RPU Advanced Manufacturing ü ü Advanced Transportation & Logistics ü Life Sciences/Biotech ü Business and Entrepreneurship ü Energy, Construction, and Utilities ü ü Healthcare ü ü ICT/Digital Media ü ü Retail, Hospitality, & Tourism ü ü EXHIBIT 1 City Council 8 – 40 5/20/2025 Orange RPU PY 2025-2028 Regional Plan 34 | Page education and workforce initiatives. While recognizing the importance of all eight sectors, the region’s workforce boards will continue to focus on four key sectors—Advanced Manufacturing, Health, ICT/Digital Media, and Retail, Hospitality, and Tourism—while expanding efforts to include Energy, Construction, and Utilities as a fifth priority sector. This expanded focus reflects the increasing demand and opportunities within the green economy and infrastructure-related fields. Although these five sectors will serve as the primary focus, the workforce boards will continue to support initiatives in the remaining sectors to ensure the workforce system addresses the diverse needs of Orange County’s economy. The following sections will explore the economic significance and workforce potential of Advanced Manufacturing, Advanced Transportation and Logistics, Energy, Construction, and Utilities, Health, and ICT/Digital Media, providing insights into their current landscape and future opportunities. Healthcare The Healthcare sector is one of Orange County's most vital and rapidly expanding industries, driven by an aging population, increased healthcare access, and advancements in medical technology. As of 2022, this sector accounted for 213,359 jobs, representing 12% of total employment in the region. By 2027, healthcare employment is projected to grow by 15%, adding 32,605 new jobs and generating 30,724 annual openings.55 • Key Occupations: Home Health and Personal Care Aides, Registered Nurses, and Medical Assistants are among the most in-demand roles in the sector.56 • Median Wages: Key roles offer competitive compensation, with Registered Nurses earning a median hourly wage of $60.39 and Medical Assistants earning $19.26.57 • Growth Drivers: Increased demand for eldercare services, technological innovations like telehealth, and expanded healthcare facilities are fueling sector growth.58 Approximately 85% of annual job openings in the Healthcare sector are for middle-skill occupations, such as Medical Assistants and Nursing Assistants, which typically require certifications or short-term training programs. Above-middle-skill roles, including Registered Nurses and Clinical Laboratory Technologists, account for 13% of openings and often require bachelor’s degrees or higher. Below-middle-skill roles make up the remaining 2%, offering entry-level opportunities in the sector. These diverse career pathways ensure that the Healthcare sector provides accessible options for a wide range of job seekers, from those entering the workforce to highly specialized professionals.59 55 Centers of Excellence for Labor Market Research. Orange County Sector Profile: Health. July 2024. https://coeccc.net/orange-county/2024/07/oc-sector-profile-health/. 56 Centers of Excellence for Labor Market Research. Orange County Sector Profile: Supplemental Appendices – Health. July 2024. https://coeccc.net/orange-county/2024/07/oc- sector-profile-supplemental-appendices-health/. 57 Centers of Excellence for Labor Market Research, Orange County Sector Profile: Supplemental Appendices – Health. 58 Centers of Excellence for Labor Market Research, Orange County Sector Profile: Health. 59 Centers of Excellence for Labor Market Research, Orange County Sector Profile: Health. EXHIBIT 1 City Council 8 – 41 5/20/2025 Orange RPU PY 2025-2028 Regional Plan 35 | Page The sector’s workforce initiatives prioritize addressing skill gaps and expanding opportunities for underrepresented populations. Training programs focus on creating pathways from entry-level positions to advanced healthcare careers. Advanced Manufacturing Advanced Manufacturing plays a pivotal role in Orange County’s economy, leveraging cutting-edge technology to produce high-value goods across industries such as aerospace, medical devices, and automotive. In 2022, the sector accounted for 111,821 jobs, representing 6% of total regional employment. While projected growth is modest at 1% through 2027, this sector remains vital, generating over 13,000 annual job openings.60 • Key Occupations: Industrial Engineers, CNC Machinists, and Electrical Engineers.61 • Median Wages: Ranges from $30.10 to $45.85 per hour for core roles.62 • Growth Drivers: Innovation in advanced materials, robotics, and automation.63 Approximately 57% of annual openings in the Advanced Manufacturing sector are for below-middle-skill occupations, such as Assemblers and Machine Operators, which require limited training. 35% of openings are for middle-skill roles, including CNC Machinists and Maintenance Workers, requiring certifications or associate degrees. 8% of openings are for above-middle-skill roles, such as Industrial Engineers and Mechanical Engineers, which demand advanced education and technical expertise.64 The sector’s workforce development efforts focus on aligning training programs with employer needs, particularly in automation, robotics, and advanced materials. Partnerships with community colleges and apprenticeship programs are critical in developing a pipeline of skilled workers. Information and Communication Technologies and Digital Media The Information and Communication Technologies (ICT) and Digital Media sector is a key driver of innovation and economic activity in Orange County. In 2022, this sector accounted for 89,656 jobs, representing 5% of all employment in the region. By 2027, employment in this sector is projected to grow by 6%, adding an additional 5,681 jobs and creating approximately 8,544 annual openings, including new and replacement positions.65 60 Centers of Excellence for Labor Market Research. Orange County Sector Profile: Advanced Manufacturing. October 2024. https://coeccc.net/orange-county/2024/10/oc-sector- profile-advanced-manufacturing/. 61 Centers of Excellence for Labor Market Research. Orange County Sector Profile: Supplemental Appendices – Advanced Manufacturing. October 2024. https://coeccc.net/orange-county/2024/10/oc-sector-profile-supplemental-appendices-advanced-manufacturing/. 62 Centers of Excellence for Labor Market Research, Orange County Sector Profile: Supplemental Appendices – Advanced Manufacturing. 63 Centers of Excellence for Labor Market Research, Orange County Sector Profile: Advanced Manufacturing. 64 Centers of Excellence for Labor Market Research, Orange County Sector Profile: Advanced Manufacturing. 65 Centers of Excellence for Labor Market Research. Orange County Sector Profile: Information and Communication Technologies (ICT)/Digital Media. July 2024. https://coeccc.net/orange-county/2024/07/oc-sector-profile-information-and-communication-technologies-ict-digital-media/. EXHIBIT 1 City Council 8 – 42 5/20/2025 Orange RPU PY 2025-2028 Regional Plan 36 | Page • Key Occupations: Software Developers, Computer User Support Specialists, and Information Security Analysts are among the most in-demand roles, reflecting the sector's reliance on a highly skilled workforce.66 • Median Wages: Wages in the sector range widely depending on the skill level. Software Developers, a high-demand role, earn a median hourly wage of $64.14, while Computer User Support Specialists earn a median of $31.11.67 • Growth Drivers: The sector’s growth is fueled by advancements in cybersecurity, cloud computing, and digital media technologies, as well as the increasing integration of technology across industries.68 Approximately 65% of annual job openings in this sector are for above-middle-skill occupations requiring advanced education and technical expertise. Middle-skill jobs, such as Computer User Support Specialists, make up 27% of annual openings, highlighting opportunities for workers with associate degrees or certifications.69 Efforts to align workforce training with industry needs include expanding programming, data analytics, and cybersecurity programs through partnerships with community colleges and industry stakeholders. These initiatives ensure that job seekers are equipped to meet the evolving demands of the ICT and Digital Media sector. At the same time, businesses have access to the skilled workforce they need to remain competitive. Energy, Construction, and Utilities The Energy, Construction, and Utilities (ECU) sector is pivotal in building and maintaining Orange County's infrastructure while addressing the region's energy and environmental needs. In 2022, this sector employed 143,448 workers, representing 8% of all jobs in the region. By 2027, employment in the sector is projected to grow by 6%, adding 15,488 annual openings, including new positions and replacement needs.70 • Key Occupations: Electricians, Construction Managers, and Plumbers are among the most in-demand roles within the sector. Middle-skill roles such as HVAC Mechanics and Installers also represent significant growth opportunities.71 • Median Wages: Wages in this sector are competitive, with roles such as Electricians earning a median hourly wage of $35.18, while Construction Managers earn a median hourly wage of $52.02.72 • Growth Drivers: The growth of this sector is driven by investments in renewable energy, decarbonization efforts, and increased infrastructure development through federal and state initiatives such as the Infrastructure Investment and Jobs Act and 66 Centers of Excellence for Labor Market Research. Orange County Sector Profile: Supplemental Appendices – Information and Communication Technologies (ICT)/Digital Media. July 2024. https://coeccc.net/orange-county/2024/07/oc-sector-profile-supplemental-appendices-information-and-communication-technologies-ict-digital-media/. 67 Centers of Excellence for Labor Market Research, Orange County Sector Profile: Supplemental Appendices – Information and Communication Technologies (ICT)/Digital Media. 68 Centers of Excellence for Labor Market Research, Orange County Sector Profile: Information and Communication Technologies (ICT)/Digital Media. 69 Centers of Excellence for Labor Market Research, Orange County Sector Profile: Information and Communication Technologies (ICT)/Digital Media. 70 Centers of Excellence for Labor Market Research. Orange County Sector Profile: Energy, Construction, and Utilities. August 2024. https://coeccc.net/orange- county/2024/08/oc-sector-profile-energy-construction-and-utilities/. 71 Centers of Excellence for Labor Market Research. Orange County Sector Profile: Supplemental Appendices – Energy, Construction, and Utilities. August 2024. https://coeccc.net/orange-county/2024/08/oc-sector-profile-supplemental-appendices-energy-construction-and-utilities/. 72 Centers of Excellence for Labor Market Research, Orange County Sector Profile: Supplemental Appendices – Energy, Construction, and Utilities. EXHIBIT 1 City Council 8 – 43 5/20/2025 Orange RPU PY 2025-2028 Regional Plan 37 | Page Senate Bill 1 (SB 1), which fund major construction and energy efficiency projects .73 Approximately 39% of annual openings in the Energy, Construction, and Utilities sector are for below-middle-skill occupations, such as Construction Laborers and Maintenance Workers, which typically require on-the-job training and minimal formal education. 49% of openings are for middle-skill roles, including Electricians and HVAC Mechanics, which require certifications or associate degrees. The remaining 12% of openings are for above- middle-skill roles, such as Civil Engineers and Construction Managers, which demand advanced education and technical expertise. This distribution highlights the sector’s diverse career opportunities, offering pathways for workers at all skill levels to contribute to the region’s infrastructure and energy systems.74 Efforts to align workforce training with industry needs in the Energy, Construction, and Utilities sectors focus on expanding apprenticeship programs, technical certifications, and hands-on training opportunities in fields like electrical work, HVAC systems, and renewable energy. Partnerships with community colleges, trade associations, industry leaders, and unions play a vital role in developing and scaling apprenticeship programs that provide job seekers with the skills to meet the sector’s evolving demands. These initiatives ensure a robust talent pipeline that supports regional infrastructure development and energy sustainability while enabling businesses to access the skilled workforce required to remain competitive in this rapidly changing industry. Retail, Hospitality, and Tourism Retail, Hospitality, and Tourism is a cornerstone of Orange County’s economy, benefiting from its status as a premier destination for shopping, dining, and entertainment. In 2022, the sector employed 229,397 individuals, with an 11% projected growth rate through 2027, creating 46,249 annual job openings.75 • Key Occupations: Food Service Managers, Retail Salespersons, and Cooks.76 • Median Wages: Ranges from $14.01 for entry-level roles to $40.72 for managerial positions.77 • Growth Drivers: Increased tourism, expanding dining and retail experiences, and recovery from pandemic-related disruptions.78 Approximately 85% of annual openings in the Retail, Hospitality, and Tourism sector are for below-middle-skill occupations, such as Fast Food and Counter Workers, Waiters and Waitresses, and Bartenders, which typically require short-term on-the-job training and minimal formal education. 14% of openings are for middle-skill roles, such as Food Service Managers and First-Line Supervisors of Retail Sales Workers, requiring a high school diploma, some work experience, or certifications. The remaining 1% of openings 73 Centers of Excellence for Labor Market Research, Orange County Sector Profile: Energy, Construction, and Utilities. 74 Centers of Excellence for Labor Market Research, Orange County Sector Profile: Energy, Construction, and Utilities. 75 Centers of Excellence for Labor Market Research. Orange County Sector Profile: Retail, Hospitality, and Tourism. October 2024. https://coeccc.net/orange-county/2024/10/oc- sector-profile-retail-hospitality-and-tourism/. 76 Centers of Excellence for Labor Market Research. Orange County Sector Profile: Supplemental Appendices – Retail, Hospitality, and Tourism. October 2024. https://coeccc.net/orange-county/2024/10/oc-sector-profile-supplemental-appendices-retail-hospitality-and-tourism/. 77 Centers of Excellence for Labor Market Research, Orange County Sector Profile: Supplemental Appendices – Retail, Hospitality, and Tourism. 78 Centers of Excellence for Labor Market Research, Orange County Sector Profile: Retail, Hospitality, and Tourism. EXHIBIT 1 City Council 8 – 44 5/20/2025 Orange RPU PY 2025-2028 Regional Plan 38 | Page are for above-middle-skill roles, such as Meeting, Convention, and Event Planners, which demand advanced education and specialized expertise. This distribution highlights the sector’s heavy reliance on entry-level and middle-skill jobs.79 Efforts to enhance career pathways for underrepresented populations in the Retail, Hospitality, and Tourism sector focus on expanding access to training that builds transferable skills and prepares workers for advancement into middle-skill roles or transitions to higher-paying industries. While businesses increasingly adopt automated scheduling and mobile ordering technologies, workforce strategies must emphasize equipping workers with the skills to manage and complement these tools. These initiatives aim to provide workers with sustainable employment opportunities, improve job quality, and create pathways for long-term economic mobility. By focusing on these five in-demand industry sectors, Orange County’s workforce system will ensure job seekers receive the training to enter high-wage, sustainable careers. At the same time, employers benefit from a highly skilled workforce that supports regional economic growth. The region’s ability to connect training programs with employer needs, provide real-time labor market insights, and foster career pathways will be crucial in building an equitable and competitive workforce for years. B. Sector Strategies and Other Industry-Focused Initiatives The Orange RPU has a strong foundation in sector partnership work, initiated under the “Slingshot” grant funded by the California Workforce Development Board. This early work established the region’s adoption of the Next Gen Sector Partnership model, launching industry sector partnerships in four priority sectors. Initial industry collaboration meetings were held just before the COVID-19 pandemic, with participation from employers, chambers of commerce, unions, and other partners. While progress stalled during the pandemic, the RPU has been working to engage ecosystem partners to lay the foundation for re-engaging employers in industry sector partnerships and advancing these efforts over the next four years. The RPU’s goal is to work with the Orange County Department of Education (OCDE) and the Orange County Regional Consortium (OCRC) to improve industry sector partnerships and advisory meetings. By strengthening coordination with these organizations, which also engage businesses directly, the RPU seeks to streamline engagement efforts, reduce duplication, and ensure these meetings are impactful for employers and workforce partners. As part of these collaborative efforts, workforce boards will partner with OCRC and trade associations on a Strong Workforce project that utilizes the Business & Industry Leadership Team (BILT) Model to convene regional advisories. Initial efforts will focus on the automotive and restaurant industries while exploring opportunities to pilot Next Gen Sector Partnership elements in manufacturing, healthcare, or information technology. Insights from these efforts will help shape ongoing strategies, guiding the expansion and strengthening of sector partnerships to meet regional workforce needs. 79 Centers of Excellence for Labor Market Research, Orange County Sector Profile: Retail, Hospitality, and Tourism. EXHIBIT 1 City Council 8 – 45 5/20/2025 Orange RPU PY 2025-2028 Regional Plan 39 | Page The RPU’s sector-based initiatives will focus on three key goals: 1. Employer Engagement: Convene regular sector partnership meetings to identify industry priorities, address shared challenges, and align training efforts with hiring needs. 2. Workforce Development Strategies: Collaborate with educational partners, including community colleges and adult education providers, to expand career pathways, work-based learning opportunities, and upskilling programs for in- demand occupations. 3. Unified Business Engagement: Coordinate outreach efforts among workforce and education partners to minimize duplication, streamline communication, and provide a clear pathway for businesses to engage with the workforce system. The RPU will continue to engage chambers of commerce and other key stakeholders as integral partners in industry sector partnerships. These efforts are part of the RPU’s overarching strategy to develop actionable solutions that address workforce challenges, provide targeted support to help employers meet their hiring needs, and drive systemic changes that benefit both industries and job seekers. These initiatives ensure that training programs align with employer needs while equipping job seekers with the skills and opportunities to succeed in high-demand occupations. C. Strategies to Communicate with Regional Employers The Orange RPU collaborates to ensure effective and cohesive communication with regional employers. A foundational effort in this strategy has been the development of the Orange Workforce Alliance (OWA) website, a collaborative initiative among the three workforce boards in Orange County. The OWA website (orangeworkforcealliance.com) is a centralized platform for employers to connect with workforce resources. It provides a streamlined access point for workforce recruitment, training, upskilling opportunities, labor market data, and human resources support. This shared resource reflects the RPU's commitment to cohesive messaging and reducing redundancy across the region. Recognizing the importance of clear communication and simplified access points, the workforce boards will convene quarterly meetings with representatives responsible for business services or employer engagement across partner organizations. These meetings will bring together stakeholders from the OCDE, the OCRC, the EDD, the Department of Rehabilitation, and other workforce partners to align efforts and develop unified outreach strategies. As part of the quarterly meetings, this collaborative effort will focus on: • Creating Common Language and Streamlined Approaches: Ensuring businesses can easily navigate the workforce system, reducing redundancy while maximizing impact. • Enhancing Coordination: Strengthening collaboration among workforce and education partners to unify employer engagement efforts. EXHIBIT 1 City Council 8 – 46 5/20/2025 Orange RPU PY 2025-2028 Regional Plan 40 | Page • Refining Strategies: Developing innovative approaches to employer outreach that align with regional workforce goals. • Maximizing Accessibility: Ensuring employers can effectively connect with workforce development services and initiatives. The OC Works platform, led by the OCRC in partnership with the workforce boards, serves as a regional hub connecting workforce partners, job seekers, and employers. Accessible at oc-works.org, the site provides a comprehensive overview of resources designed to meet the needs of employers, including tools to support hiring, access labor market information, and connect with training and workforce development programs. For employers, the platform offers a dedicated page (oc-works.org/pages/employers) that highlights key services such as: • Workforce recruitment and hiring support. • Access to regional labor market data and insights. • Connections to training providers and apprenticeship programs. • Resources for upskilling and workforce planning. Built on the ArcGIS Hub platform, OC Works has significant potential for expansion, serving as a central communication hub for regional workforce activities. The platform’s flexible and data-driven architecture allows for future enhancements, such as integrating new tools and features to support employer engagement and data sharing. As the platform evolves, OCRC and its partners, including the workforce boards, will adopt strategies to maximize its use as a central place of communication. These strategies will include: • Partner Engagement: Encouraging workforce partners to actively utilize and promote the site as a go-to resource for employers and job seekers. • Employer Outreach: Connecting businesses to the platform and demonstrating its value as a streamlined resource for accessing workforce development services. • Platform Expansion: Identifying opportunities to enhance the site’s functionality, such as integrating new tools and features to support employer engagement and data sharing. Under OCRC’s leadership, the OC Works platform represents a significant step toward creating a cohesive, user-friendly system for workforce engagement in Orange County. By positioning it as a central hub for communication and collaboration, the RPU supports OCRC’s efforts to strengthen regional connections and provide businesses with the tools and resources they need to succeed. Through a combination of tools like the OWA website, the OC Works platform, and quarterly coordination meetings, the RPU is building an integrated framework for EXHIBIT 1 City Council 8 – 47 5/20/2025 Orange RPU PY 2025-2028 Regional Plan 41 | Page employer outreach. These efforts ensure that businesses have clear and streamlined channels for communication, aligning workforce solutions with business needs, strengthening partnerships, and supporting sustained economic growth across the region. V. ENABLING UPWARD MOBILITY FOR ALL CALIFORNIANS The Orange RPU aligns with California’s vision of a diverse, equitable, and inclusive workforce system, ensuring that all individuals, especially those facing systemic barriers, have access to quality jobs that provide long-term economic stability and self-sufficiency. Recognizing that economic mobility is a cornerstone of shared prosperity, the region is committed to implementing policies, partnerships, and programs that advance job quality, skill development, and access to economic opportunity. In alignment with the CWDB’s emphasis on job quality, worker-centered policies, and employer engagement, the Orange RPU will continue to remove barriers to employment, support wraparound services, and cultivate pathways into sustainable, well-paying careers. A. Promoting and Improving Job Quality and Access The Orange RPU recognizes that quality jobs are essential for economic mobility. High- road jobs provide family-sustaining wages, benefits, predictable scheduling, career advancement opportunities, worker input, and safe work environments. The RPU promotes job quality by fostering strong employer partnerships, aligning workforce development strategies with industry needs, and ensuring that all workers, particularly those facing systemic barriers, have access to sustainable, high-quality employment. Recognizing that Orange County’s economy is shaped by industries with a high concentration of low-wage jobs, it is crucial to create sustainable pathways for workers to advance into family-sustaining employment. According to a recent labor market analysis, only 42% of workers in Orange County hold “good jobs”, defined as full-time, full-year employment that provides employer-sponsored healthcare and meets the MIT living wage threshold of $23.66 per hour for a single adult. However, this figure drops to 39% when considering jobs that support a household with two working adults and one child. Notably, racial and gender disparities persist, with Latinx workers being the least likely to hold good jobs (25%) compared to White (51%) and Asian Pacific Islander workers (49%)80. It is important to distinguish between a good job and a high-road job. Good jobs meet baseline economic stability criteria, including a living wage, health benefits, and stable employment. High-road jobs, as defined by the State of California, go further by offering clear pathways for advancement, paid sick and vacation leave, predictable schedules, worker protections, and adherence to fair labor standards81. Given that a significant portion of jobs in Orange County still fall short of these standards, the RPU remains committed to working with industry leaders to enhance job quality, develop career 80 Virginia Parks and Youjin Kim, Orange County Worker Profile (Irvine, CA: UCI Labor Center, 2023), https://socialecology.uci.edu/sites/default/files/users/mkcruz/cerf_report_by_uci_labor_center.pdf. 81 Parks and Kim, Orange County Worker Profile. EXHIBIT 1 City Council 8 – 48 5/20/2025 Orange RPU PY 2025-2028 Regional Plan 42 | Page pathways, and promote equitable workforce development strategies that enable workers to advance into sustainable, high-quality careers. Strategic Approaches to Advancing Job Quality Ensuring job quality requires a targeted approach, prioritizing collaboration with high-road employers while expanding access to sustainable career opportunities. The Orange RPU is committed to partnering with businesses that embrace high-road job principles while working within industries with low-wage jobs, prioritizing employers that demonstrate a commitment to workforce investment and career progression. Given the region’s high concentration of low-wage jobs, workforce development strategies must expand access to quality jobs while improving conditions in traditionally low-wage sectors. The Aspen Institute’s research on sectoral workforce development highlights two key strategies: removing barriers to good jobs for low-income individuals and improving job quality in industries with high concentrations of low-wage work82. These principles will continue to inform the RPU’s approach as it strengthens partnerships, advances career pathways, and implements policies that support long-term economic mobility across the region. The RPU will continue implementing support workers to obtain sustainable employment and strengthen industry competitiveness by ensuring a skilled and stable workforce. By integrating high-road employment practices into workforce planning, the RPU aligns its efforts with California’s vision of a High Road Workforce System, ensuring that regional investments promote equity, economic security, and sustainability. Employer Engagement and Job Quality Standards Employer engagement is a critical component of this strategy. The RPU will expand its efforts to collaborate with businesses to integrate high-road employment practices. It will establish a standardized job quality assessment tool to evaluate industries, companies, and occupations, ensuring that workforce development investments prioritize employers committed to job quality. Additionally, through regional employer convenings, industry roundtables, and direct business engagement, the RPU will facilitate discussions with employers, helping them understand how workforce investments can enhance their competitive advantage while improving job quality. Integration of Statewide Interventions In alignment with CWDB priorities, the RPU will integrate the four key state interventions to advance job quality and worker equity: • Professionalizing Precarious Work: The RPU will collaborate with employers to establish industry-recognized certifications that elevate traditionally low-wage occupations. This will ensure that workers gain the skills necessary for higher-paying positions. 82 Maureen Conway, Amy Blair, and Steven L. Dawson, Sectoral Strategies for Low-Income Workers: Lessons from the Field (Washington, D.C.: The Aspen Institute, 2007), https://www.aspeninstitute.org/wp-content/uploads/2007/10/Sectoral-Strategies.pdf. EXHIBIT 1 City Council 8 – 49 5/20/2025 Orange RPU PY 2025-2028 Regional Plan 43 | Page • Democratizing Access to Good-Quality Middle-Skill Jobs: The RPU will explore opportunities to create pre-apprenticeship programs and targeted workforce interventions that increase access to high-wage careers for women, immigrants, and people of color. • Participatory Planning for the Low-Carbon Economy: The RPU will continue participating in projects like the Jobs First initiative to prepare for emerging industries. This initiative engages in participatory planning efforts to assess workforce needs in clean energy, sustainability, and other green economy sectors. As part of this work, the RPU will ensure that jobs in these industries uphold job quality standards, provide equitable access to opportunities, and align with regional economic development goals. • Lifting All Workers to the High Road: The RPU is committed to ensuring that justice- involved individuals, individuals with disabilities, English language learners, and those experiencing housing insecurity can access quality jobs that provide long-term economic self-sufficiency. This will be achieved through continued investment in wraparound services, digital access initiatives, and supportive workforce policies that remove employment barriers and equip job seekers with the resources needed to succeed in the labor market. Incorporating these four complementary interventions and fostering ongoing partnerships with employers, educational institutions, and workforce development agencies, the RPU will enhance job quality, expand economic opportunities, and drive an inclusive, equitable workforce system. These efforts will support shared economic prosperity and ensure all individuals have access to high-quality jobs with long-term stability, benefiting workers and businesses across the region. B. Targeted Service Strategies for the Region’s Unserved and Underserved Communities The Orange RPU is committed to ensuring unserved and underserved communities have equitable access to workforce training, education, and family resources that support long- term economic mobility. Recognizing that barriers to employment vary across populations, the RPU integrates targeted service strategies designed to address the unique needs of justice-involved individuals, individuals with disabilities, English language learners (ELL), Veterans, foster youth, and those experiencing housing insecurity. These efforts focus on reducing barriers, enhancing accessibility, and tailoring services to reflect the needs of a diverse workforce. Expanding Access to Regional Sector Career Pathways Through sector partnerships, the Orange RPU will continue to work with employers to create career pathways that help vulnerable populations overcome barriers to education and employment. These pathways provide structured, long-term opportunities for job seekers with limited skills or employment history to build competencies over time and secure family-sustaining wages. EXHIBIT 1 City Council 8 – 50 5/20/2025 Orange RPU PY 2025-2028 Regional Plan 44 | Page Stakeholder feedback during the regional planning process validated the RPU’s existing strategy of expanding work-based learning programs, pre-apprenticeships, and on-the- job training (OJT) as critical tools for advancing economic mobility. In response, the RPU will continue to grow these opportunities, particularly for historically underrepresented populations—people of color, immigrants, and those without traditional degrees— ensuring they have formal access to employers and career progression opportunitiesin the Future Workforce. Pre-apprenticeship and apprenticeship programs in high-demand industries such as healthcare, advanced manufacturing, and construction remain a priority, and the RPU will work to increase employer participation and strengthen these pathways to support more job seekers in transitioning into stable, high-quality careers. Addressing Hiring Barriers and Promoting Equitable Employment Practices The RPU continues to prioritize addressing hiring barriers such as degree inflation. Jobs that previously required only a high school diploma or industry certification now mandate a college degree, disproportionately affecting minorities and low-income individuals. Through sector partnerships, the RPU will work to develop further and expand efforts with regional partners to promote skills-based hiring over unnecessary educational requirements. Similarly, the RPU will engage employers in discussions on fair hiring practices, including reducing reliance on credit and criminal background checks, which have historically created barriers for communities of color83. Enhancing Accessibility Through Wraparound Support Services Stakeholder feedback from the regional planning process highlighted that digital literacy, transportation, and childcare remain significant barriers to workforce participation. While the workforce boards fund supportive services such as transportation and childcare, the need far exceeds available resources. As a result, the RPU must continue collaborating with partnering agencies to expand support and explore best practices that can help address these challenges. To ensure equitable access to workforce services, the RPU integrates wraparound services that address key barriers such as: • Digital literacy and broadband access—Many individuals, particularly those from low-income households, struggle with online applications and virtual training platforms. The RPU is working to expand digital literacy initiatives through community colleges, public libraries, and WIOA Core Programs. • Transportation and childcare assistance – Lack of reliable transportation and affordable childcare continues to be a significant workforce barrier. While the workforce boards provide some funding for these services, additional partnerships with local agencies and non-profits are necessary to expand access to transportation stipends, rideshare partnerships, and subsidized childcare solutions. 83 Morgan, Kate. "Degree Inflation: How the Four-Year Degree Became Required." BBC Worklife, January 26, 2021. https://www.bbc.com/worklife/article/20210126-degree- inflation-how-the-four-year-degree-became-required. EXHIBIT 1 City Council 8 – 51 5/20/2025 Orange RPU PY 2025-2028 Regional Plan 45 | Page • Culturally responsive outreach: The RPU will increase multilingual outreach to English language learners and immigrant job seekers and collaborate with partner agencies that support these populations to improve access to workforce services. Strengthening Employer Engagement for Underserved Populations A strong employer network is critical for ensuring underserved communities access meaningful job opportunities. The RPU will continue to build partnerships with employers willing to hire justice-involved individuals, veterans, and individuals with disabilities. While stakeholder feedback emphasized the need for employer training and incentives to promote more inclusive hiring practices, the RPU is not currently implementing direct employer training programs. However, on-the-job training (OJT) dollars may serve as an incentive by subsidizing the cost of training, which may indirectly support inclusive hiring practices. Additionally, the RPU will continue to explore opportunities to engage employers in discussions about fair hiring practices to support greater access to quality jobs for historically underrepresented populations. Co-Enrollment and System Alignment The RPU aims to increase co-enrollment with partner agencies to streamline service delivery and enhance workforce outcomes. Co-enrollment ensures that individuals are holistically served, receiving the necessary support services to complete training and secure employment successfully. By aligning workforce development efforts with partner organizations, the RPU can help job seekers access multiple resources simultaneously, reducing barriers to employment and improving long-term economic stability. As part of this effort, the RPU is leveraging the Regional Equity and Recovery Partnerships (RERP) grant to collaborate with community colleges to increase co- enrollment and cross-training. This initiative helps workforce and education staff better understand how to assist students in navigating workforce systems, accessing training opportunities, and connecting with support services. Strengthening these partnerships will enhance service coordination and ensure students receive comprehensive support for long-term career success. Additionally, the RPU supports a "no wrong door" approach, ensuring that individuals can access workforce development resources through multiple entry points. Ensuring Equity and Inclusion in Workforce Development The Orange RPU understands that one-size-fits-all workforce solutions are ineffective. Programs must be tailored to the specific needs of diverse populations, particularly those who have historically faced systemic employment barriers. The RPU will continue working to close the skills gap, advance racial equity, and create economic opportunities for all job seekers through integrated service strategies, employer partnerships, and regional coordination. EXHIBIT 1 City Council 8 – 52 5/20/2025 Orange RPU PY 2025-2028 Regional Plan 46 | Page VI. CLIMATE AND ENVIRONMENTAL SUSTAINABILITY As California moves toward a carbon-neutral economy, the Orange RPU recognizes the importance of aligning workforce strategies with the Orange County Climate Action Plan (CAP) and the Jobs First Regional Plan for Orange County to ensure workforce investments support climate action and equitable economic growth. These efforts ensure that the economic benefits of green jobs reach disinvested communities most impacted by climate change. Low-income communities and communities of color disproportionately experience environmental harm due to pollution, extreme heat, and other climate-related risks. Yet, they have historically been underrepresented in industries driving the clean energy transition. To address these disparities, the RPU will actively integrate workforce strategies with the CAP and Jobs First Regional Plan, ensuring these communities gain equitable access to high-quality, family-sustaining careers in clean energy and climate- resilient industries. A. Supporting a climate-neutral transition As emerging green sectors expand, new skills will be required in zero-emission vehicle production and maintenance, renewable energy, climate mitigation, water and waste management, and building decarbonization84. The RPU will collaborate with regional partners to identify workforce gaps and establish career pathways in these industries, ensuring that workers, particularly those from historically marginalized communities, are prepared for high-quality jobs that align with California’s climate policies. To achieve this, the RPU will integrate workforce strategies with the Orange County CAP Jobs First Regional Plan, focusing on: • Expanding green job training programs and career pathways in renewable energy, advanced transportation, and sustainable industries. • Ensuring workforce training supports climate resilience and sustainable business practices. • Engaging historically underrepresented communities in clean energy job opportunities. • Aligning workforce initiatives with state climate policies and decarbonization strategies. Recognizing that the clean energy transition must be inclusive, the RPU will integrate equity-driven workforce development strategies, prioritizing training and job placement efforts that serve populations disproportionately affected by climate change. This includes engaging employers in clean energy sectors, advocating for workforce training investments that serve underrepresented groups, and collaborating with community- based organizations to ensure economic inclusion. Additionally, the RPU will work to integrate support services into training programs to help address non-skill-related employment barriers. Given the scale of statewide decarbonization efforts, such as California’s commitment to achieving carbon neutrality by 2045, the phase-out of internal combustion engine vehicles 84 Mark Muro, Adie Tomer, Ranjitha Shivaram, and Joseph Kane, Advancing Inclusion Through Clean Energy Jobs (Washington, D.C.: Brookings Institution, 2019), https://www.brookings.edu/wp-content/uploads/2019/04/2019.04_metro_Clean-Energy-Jobs_Report_Muro-Tomer-Shivaran-Kane_updated.pdf. EXHIBIT 1 City Council 8 – 53 5/20/2025 Orange RPU PY 2025-2028 Regional Plan 47 | Page by 2035, and the expansion of renewable energy infrastructure, the RPU aims to develop and expand strategies that support industry transitions while ensuring economic opportunities for workers across Orange County85. These efforts will require cross-sector collaboration, employer engagement, and investment in workforce development initiatives to prepare the regional workforce for the changing demands of a carbon-neutral future. The RPU will align with California’s High Road Training Partnerships (HRTP) framework to promote and encourage the adoption of high-road workforce principles in clean energy jobs. The HRTP model connects industry, labor, education, and workforce stakeholders to develop training programs responsive to industry needs while ensuring job quality and equitable access to economic opportunity86. Within clean energy, HRTP partnerships can support workforce strategies that prepare workers for high-demand occupations, such as solar panel technicians, wind turbine specialists, electric vehicle infrastructure installers, and energy efficiency experts. These programs emphasize skills training, employer collaboration, and career pathway development to create sustainable, high-quality jobs in growing green sectors87. While the RPU does not have direct control over job standards, it will use industry sector engagement, business outreach, and employer education to emphasize the long-term benefits of adhering to high-road workforce principles—such as offering family-sustaining wages, benefits, career advancement opportunities, and worker protections. Furthermore, as state and federal funding opportunities become available, the RPU will work toward securing additional grants to support specific regional workforce projects that align with high-road principles. By fostering an understanding of how high-road practices contribute to business success and regional economic prosperity, the RPU aims to support a more equitable and sustainable workforce.88 Additionally, the Orange County CAP and the Jobs First Regional Plan highlight the region’s strengths in green technology and clean energy employment, noting that Orange County has a 50% higher concentration in green technology jobs than the state89. Furthermore, the CAP’s Mobility and Environmental Justice sectors emphasize the expansion of sustainable transportation, EV infrastructure, and green workforce development, reinforcing the county’s potential to lead in clean energy innovation90. Given this potential, the RPU will actively explore workforce strategies that support regional strengths in clean energy infrastructure, sustainable transportation, and environmental sustainability. The CAP and Jobs First Regional Plan’s workforce strategies closely align with the RPU’s goals for ensuring economic inclusion in the green economy, emphasizing: • Expanding workforce training programs for clean energy, water conservation, and green building technologies. • Developing apprenticeship programs in emerging green industries. 85 California Air Resources Board. 2022 Scoping Plan for Achieving Carbon Neutrality. Sacramento, CA: California Environmental Protection Agency, 2022. https://ww2.arb.ca.gov/sites/default/files/2022-12/2022-sp.pdf. 86 California Workforce Development Board (CWDB). High Road Training Partnerships (HRTP) Initiative. 2023. https://cwdb.ca.gov/initiatives/high-road-training-partnerships/ 87 Carol Zabin, Putting California on the High Road: A Jobs and Climate Action Plan for 2030 (Berkeley, CA: UC Berkeley Labor Center, 2020), https://laborcenter.berkeley.edu/wp-content/uploads/2020/09/Putting-California-on-the-High-Road.pdf. 88 Carol Zabin and Jane Flanagan, California’s Climate Investments and High-Road Workforce Standards (Berkeley, CA: UC Berkeley Labor Center, 2023), https://laborcenter.berkeley.edu/wp-content/uploads/2023/09/Californias-Climate-Investments-and-High-Road-Workforce-Standards.pdf. 89 Orange County Waste & Recycling. (2024, August 1). Draft preliminary Climate Action Plan for Orange County. Orange County Government. https://www.oclandfills.com/sites/ocwr/files/2024-08/Draft_PreliminaryCAP_OrangeCounty_08012024.pdf 90 Orange County Business Council, CERF OC Regional Plan Part 1 (Irvine, CA: Orange County Business Council, 2024), https://ocbc.org/wp-content/uploads/2024/10/CERF- OC-Regional-Plan-Part-1.pdf. EXHIBIT 1 City Council 8 – 54 5/20/2025 Orange RPU PY 2025-2028 Regional Plan 48 | Page • Integrating climate resilience and sustainability into workforce development initiatives. • Ensuring job training aligns with regional climate policies and emissions reduction goals. By integrating workforce development with climate and sustainability planning, the RPU can ensure that the transition to a green economy is equitable and inclusive, particularly for workers from disinvested communities most impacted by climate change. VII. EQUITY AND ECONOMIC JUSTICE A. The region’s strategy to achieve equity Equity and economic justice lie at the core of California’s vision for an inclusive workforce system. Equity goes beyond merely leveling the playing field; it requires deliberate actions to dismantle barriers and create pathways that ensure historically underserved communities have the resources and opportunities they need to thrive. The Orange RPU is committed to embedding equity as a guiding principle in workforce development, recognizing that achieving this vision requires systemic reforms, targeted interventions, and sustained partnerships. California’s approach emphasizes that addressing workforce inequities is both an economic and moral necessity. According to the Workforce Development Equity Framework, equity is about fairness and actively fostering an environment where all individuals, regardless of background, can access high-quality, living-wage employment 91. For the Orange RPU, this means centering its strategies on addressing structural inequities and ensuring equitable access to career pathways, earn-and-learn opportunities, supportive services, and job placement programs. Key Strategies for Equity and Inclusion • Expanding Career Pathways—We will partner with employers and organizations to create accessible career pathways in advanced manufacturing, construction, and healthcare industries, addressing systemic barriers and hiring biases. • Promoting Skills-Based Hiring - We will advocate for skills-based hiring and job quality standards, including fair wages, benefits, and worker protections. • Addressing Barriers - We will collaborate with community partners to expand support for digital literacy, broadband, transportation, and childcare, using innovative solutions like mobile workforce units. • Embedding Equity - We will expand pre-apprenticeships, apprenticeships, and co-enrollment strategies to support underrepresented groups with holistic workforce services. • Leveraging Data—We will use data on workforce participants to identify disparities, set equity goals, and ensure accountability through regular evaluations. 91 American Institutes for Research. Workforce Development Equity Framework. Washington, D.C.: American Institutes for Research, 2024. https://www.air.org/sites/default/files/2024-06/Workforce-Development-Equity-Framework-June-2024-508.pdf. EXHIBIT 1 City Council 8 – 55 5/20/2025 Orange RPU PY 2025-2028 Regional Plan 49 | Page • Building Inclusive Partnerships - We will work with employers to close skills gaps, promote diversity in hiring, and provide OJT incentives for inclusive practices. By operationalizing equity through targeted workforce strategies and fostering an inclusive ecosystem, the Orange RPU ensures that the economic benefits of workforce development are equitably distributed. This approach aligns with California’s broader goals to advance equity, reduce systemic barriers, and promote economic justice. Through its ongoing efforts, the RPU aims to build a workforce system where everyone has the opportunity to thrive, contributing to a stronger and more equitable regional economy. I. ALIGNING, COORDINATING, AND INTEGRATING PROGRAMS AND SERVICES Aligning workforce, education, and industry resources is critical for maximizing the region's ability to meet diverse population needs effectively. This section of the Regional Plan highlights the Regional Planning Unit’s (RPU) collaborative approach to deploying shared resources, economizing limited funding, and delivering impactful client services. The RPU seeks to foster regional resilience and adaptability through system alignment and leveraging collective strengths while addressing workforce development challenges. The three workforce boards in the RPU, Anaheim, Santa Ana, and Orange County Workforce Development Boards, maintain a strong working relationship supported by regular standing meetings. Given the small geographic footprint of the county, the boards share many of the same partners and work diligently to align policies and strategies. This ensures that both partners and job seekers experience a seamless system. The boards co-host the Orange Workforce Alliance (OWA) Leadership Council meetings and actively collaborate on branding under the Orange Workforce Alliance identity. This branding effort is designed to strengthen recognition among partners and employers while enhancing the visibility of the region's workforce development initiatives. The RPU’s collaboration extends to practical activities such as co-hosting job fairs, conducting joint staff training, and collectively addressing system challenges. The RPU ensures alignment across workforce programs and promotes an integrated system by fostering a shared vision and commitment to problem-solving. A. Regional Service Strategies The RPU’s collaborative approach is reflected in its regional service strategies. Central to these strategies is the commitment to aligning service delivery systems, integrating program design, and reducing duplication of efforts. Key regional service strategies include: • Enhancing Customer Experience: The RPU prioritizes professional development and cross-training for staff to ensure consistent, high-quality service delivery. These efforts enhance customer interactions and improve outcomes for job seekers and employers. EXHIBIT 1 City Council 8 – 56 5/20/2025 Orange RPU PY 2025-2028 Regional Plan 50 | Page • Implementing Career Pathways: To meet the needs of regional employers, the RPU has focused on working with regional partners to scale career pathways that align with in-demand sectors and provide clear progression opportunities for workers. • Strengthening Partnerships: The RPU improves the quality of workforce services by fostering connections among workforce boards, educational institutions, and community organizations. Collaborative efforts ensure seamless service delivery and maximize the impact of programs for targeted populations. • Targeting Investments: Regional strategies are driven by data-informed decision-making, allowing for strategic alignment of resources in key industries and populations. These targeted investments support economic mobility and address disparities in access to workforce opportunities. • Expanding Integrated Learning: The RPU promotes work-based learning opportunities, such as apprenticeships, internships, and on-the-job training programs, which enable job seekers to gain practical, hands-on experience. • Resource Sharing and Funding: By sharing resources and braiding funding streams, the RPU efficiently supports regional goals and ensures that services are accessible and sustainable. Adopting the OWA brand further amplifies these efforts, enhancing regional recognition and promoting unified services, training programs, labor market insights, and support for businesses, adults, and youth. B. Regional Administrative Cost Arrangements The RPU’s collaborative approach extends to administrative arrangements, where the three workforce boards act as fiscal agents for specific projects. This structure enables flexibility and ensures accountability while facilitating the effective execution of joint initiatives. Although the boards have not established overarching cost-sharing agreements, they remain open to exploring pooled administrative funding if it proves advantageous for achieving regional objectives. By focusing on efficiency and collaboration, the RPU ensures that administrative arrangements support the overarching mission of aligning workforce, education, and industry resources to meet regional needs. Future considerations for administrative cost arrangements will be evaluated based on their potential to enhance service delivery and regional impact. The Regional Planning Unit remains committed to continuous improvement and fostering a unified system that benefits employers, job seekers, and the broader regional economy. EXHIBIT 1 City Council 8 – 57 5/20/2025 Orange RPU PY 2025-2028 Regional Plan 51 | Page APPENDICES The following items are included as part of the Regional Plan. Attachment 1: Stakeholder and Community Engagement Summary Attachment 2: Public Comments Received that Disagree with the Local Plan Attachment 3: Signature Page EXHIBIT 1 City Council 8 – 58 5/20/2025 Orange RPU PY 2025-2028 Regional Plan 52 | Page Attachment 1 A. Stakeholder and Community Engagement Summary (Attachment 1) The local boards hosted a series of discussions outlined in the table below to facilitate stakeholders' engagement in planning for the local workforce development delivery system and in the development of the PY 2025-2028 Local Plan. The insights and recommendations gathered from these discussions have been incorporated throughout the Regional and Unified Local Plan to inform strategies and initiatives. Mode of Outreach Target of Outreach Summary of Attendance Comments Email, phone, social media, local board websites, Eventbrite Community, Businesses, Chambers, Core Partners, Climate action partners 17 Registered and 13 attended Regional workforce development strategies that focused on identifying programs, services, and approaches aligned with community priorities and industry sector partnerships to address talent pipeline needs. Email, phone, social media, local board websites, Eventbrite English Language Learners 14 Registered and 12 attended Developing strategies to strengthen services to English language learners, foreign-born individuals, and refugees. Email, phone, social media, local board websites, Eventbrite Community, Businesses, Chambers, Core Partners 5 Registered and 5 attended Strengthening partnerships and coordination with industry leaders and workforce organizations to support the transition to a climate-neutral future, ensuring regional workforce partners meet evolving workforce needs. Email, phone, social media, local board websites, Eventbrite WIOA Core Program Partners 16 Registered and 11 attended Coordination with the WIOA core program partners operating as a unified system, assessing strategic needs and aligning them with service strategies to meet needs of workers and employers. Email, phone, social media, local board websites, Eventbrite Child Support Services Partners, Re- entry partners 16 Registered and 7 attended Strengthening partnerships and coordination with local child support agencies and partner community- based organizations to serve non-custodial parents. EXHIBIT 1 City Council 8 – 59 5/20/2025 Orange RPU PY 2025-2028 Regional Plan 53 | Page Mode of Outreach Target of Outreach Summary of Attendance Comments Email, phone, social media, local board websites, Eventbrite Competitive Integrated Employment Partners 17 Registered and 13 attended Improving services to individuals with disabilities through competitive integrated employment. Email, phone, social media, local board websites, Eventbrite Veterans Serving Organizations 19 Registered and 10 attended Strengthening partnerships and coordination with Veterans Affairs and partner organizations to better serve veterans and connect them to essential resources and services. Email, social media, local board websites, Eventbrite CalFresh Employment and Training Partners 18 Registered and 13 attended Strengthening partnerships and coordination with county health, human service agencies, and other local CalFresh employment and training partners to serve CalFresh consumers. EXHIBIT 1 City Council 8 – 60 5/20/2025 Orange RPU PY 2025-2028 Regional Plan 54 | Page Attachment 2 B. Public Comments Received that Disagree with the PY 25-28 Orange RPU Regional Plan The Orange Regional Plan was posted online for a 30-day public comment period. There were no public comments received that disagreed with the regional plan. EXHIBIT 1 City Council 8 – 61 5/20/2025 Orange RPU PY 2025-2028 Regional Plan 55 | Page Attachment 3 C. SIGNATURE PAGE (Attachment 3) ORANGE RPU REGIONAL PLAN The Regional Plan represents the Orange Regional Planning Unit’s effort to maximize and coordinate resources available under Title I of the Workforce Innovation and Opportunity Act. This Regional Plan is submitted for the period July 1, 2025, through June 30, 2028, in accordance with the provisions of WIOA. LOCAL BOARD CHAIRS LOCAL ELECTED OFFICIALS ORANGE COUNTY WORKFORCE DEVELOPMENT BOARD COUNTY OF ORANGE BOARD OF SUPERVISORS Signature Anna Lisa Lukes Signature Doug Chaffee Name Name Chair, Orange County Workforce Development Board Chair, Orange County Board of Supervisors Title Title Date Date ANAHEIM WORKFORCE DEVELOPMENT BOARD CITY OF ANAHEIM COUNCIL Signature Signature Joseph Paquette Ashleigh Aitken Name Name Chair, Anaheim Workforce Development Board Mayor, City of Anaheim Title Title Date Date SANTA ANA WORKFORCE DEVELOPMENT BOARD CITY OF SANTA ANA COUNCIL Signature Signature Daisy Campos Valerie Amezcua Name Name Chair, Santa Ana Workforce Development Board Mayor, City of Santa Ana Title Title Date Date EXHIBIT 1 City Council 8 – 62 5/20/2025 UNIFIED LOCAL PLAN PY 2025-2028 EXHIBIT 2 City Council 8 – 63 5/20/2025 Anaheim Workforce Development Board Contact: Marco Lucero Phone: (714) 765-4341 Email: mlucero@anaheim.net Orange County Workforce Development Board Contact: Nancy Cook Phone: (714) 480-6420 Email: nancy.cook@occr.ocgov.com Santa Ana Workforce Development Board Contact: Deborah Sanchez Phone: (714) 565-2621 Email: dsanchez@santa-ana.org EXHIBIT 2 City Council 8 – 64 5/20/2025 i | Page TABLE OF CONTENTS I. INTRODUCTION AND OVERVIEW ......................................................................................................................... 1 II. WIOA CORE AND REQUIRED PARTNER COORDINATION ...................................................................................... 2 A. Coordination with AJCC Partners and WIOA Memorandum of Understanding .............................................. 2 B. Partners' Efforts to Collaborate on Co-Enrollment and Case Management ................................................... 7 C. One-Stop System's Use of Technology and Other Remote Strategies ............................................................ 8 D. Coordination of Workforce Activities and Support Services ........................................................................... 9 E. Physical and Programmatic Accessibility for Individuals with Disabilities .................................................... 10 III. STATE STRATEGIC PARTNER COORDINATION .................................................................................................... 11 A. Coordination with County Human Services Agency and Other Local Partners That Serve Individuals Accessing CalFresh Employment and Training Services .......................................................................................... 12 B. Coordination with Local Child Support Agency and Other Local Partners Serving Individuals That Are Non- Custodial Parents .................................................................................................................................................... 14 C. Coordination with Local Partnership Agreement Partners Established in Alignment with the Competitive Integrated Employment Blueprint and Other Local Partners That Serve Individuals with Developmental and Intellectual Disabilities ............................................................................................................................................ 16 D. Coordination with Community-Based Organizations and Other Local Partners That Serve Individuals Who Are English Language Learners, Foreign Born, and/or Refugees ............................................................................ 19 E. Coordination with Local Veteran Affairs, community-based organizations, and other local partners who serve veterans. ........................................................................................................................................................ 20 F. Collaboration with the Strategic Planning partners to address environmental sustainability. ..................... 22 IV. WIOA TITLE I COORDINATION ............................................................................................................................ 25 A. Staff Training and Professional Development to Increase Digital Technology Skills ..................................... 25 B. Frontline Staff Training and Professional Development to Increase Cultural Competency and Effectiveness in Working with Individuals and Groups that Have Been Exposed to Trauma ........................................................ 26 C. Coordination of Rapid Response and Layoff Aversion Activities ................................................................... 27 D. Services and Activities Available under WIOA Title I Adult and Dislocated Worker Programs ..................... 27 E. Services and Activities Available under WIOA Title I Youth Program ............................................................ 30 F. Entity Responsible for Disbursal of Grant Funds and the Competitive Process Used to Award Contracts for WIOA Title I Activities .............................................................................................................................................. 31 G. How the Local Board Fulfills the Duties of the AJCC Operator and/or the Career Services Provider or Selection of AJCC Operators and Career Services Providers ................................................................................... 32 V. STAKEHOLDER INPUT AND CONSIDERATIONS FOR PY 25 - 28 ................................................................................ 33 VI. APPENDICES ....................................................................................................................................................... 35 A. Stakeholder and Community Engagement Summary (Attachment 1) .......................................................... 36 B. Public Comments Received that Disagree with the 2023 Biennial Modification to the PY 21-24 Local Plan (Attachment 2) ........................................................................................................................................................ 38 C. SIGNATURE PAGE (Attachment 3) ....................................................................................................................... 39 EXHIBIT 2 City Council 8 – 65 5/20/2025 Orange County WDBs PY 2025-28 Unified Local Plan 1 | Page I. INTRODUCTION AND OVERVIEW The Workforce Innovation and Opportunity Act (WIOA) requires each Local Workforce Development Board (LWDB) to develop and submit a comprehensive four-year plan, which must be updated every two years. This Unified Local Workforce Development Plan represents the collaborative efforts of the Santa Ana, Anaheim, and Orange County Workforce Development Boards (WDBs) to align and integrate workforce development services and resources in the region. The plan serves as a strategic roadmap for the period of July 1, 2025, through June 30, 2028, outlining the shared goals, strategies, and priorities of the three LWDBs in addressing the workforce needs of job seekers, businesses, and the community. The WDBs have a long history of collaboration and partnership in serving the region's diverse workforce needs. By leveraging their collective resources and expertise, the WDBs aim to create a seamless, efficient, and effective workforce development system that supports economic growth, job creation, and individual prosperity. This Unified Local Workforce Development Plan builds upon the successes and lessons learned from previous plans while incorporating new strategies and approaches to address emerging challenges and opportunities. The plan is grounded in the principles and objectives of WIOA, which emphasize the importance of regional collaboration, industry-driven strategies, customer-centered services, and data-driven decision-making. It also aligns with the California Workforce Development Board's strategic vision and goals, ensuring local efforts contribute to the statewide workforce development agenda. The development of this plan involved extensive stakeholder engagement, including input from WIOA core and required partners, local businesses, educational institutions, community-based organizations, and job seekers. The insights and recommendations gathered through this inclusive process have shaped the strategies and priorities outlined in the plan. The Unified Local Workforce Development Plan is organized into several key sections, each addressing critical aspects of workforce development in the region: • WIOA Core and Required Partner Coordination • State Strategic Partner Coordination • WIOA Title I Coordination • Collaborative Strategies to Address Environmental Sustainability Throughout the plan, the WDBs demonstrate their commitment to creating an inclusive, accessible, and high-quality workforce development system that meets the needs of all residents and businesses in the region. By working together and leveraging partnerships, the WDBs aim to enhance economic competitiveness, support job growth, and promote shared prosperity. EXHIBIT 2 City Council 8 – 66 5/20/2025 Orange County WDBs PY 2025-28 Unified Local Plan 2 | Page II. WIOA CORE AND REQUIRED PARTNER COORDINATION The Santa Ana, Anaheim, and Orange County Workforce Development Boards are committed to fostering a collaborative and integrated workforce development system that aligns with the Workforce Innovation and Opportunity Act (WIOA) vision. This vision calls for core and required partners to operate as a unified system, strategically assessing and responding to the evolving needs of workers and employers. Through coordination with WIOA core and required program partners, the local boards ensure that job seekers, including those facing barriers to employment, have access to comprehensive workforce, education, and support services tailored to their needs. By leveraging the strengths and expertise of workforce system partners, the WDBs facilitate seamless service delivery across WIOA Title I (Adult, Dislocated Worker, and Youth), Title II (Adult Education and Literacy), Title III (Wagner-Peyser), and Title IV (Vocational Rehabilitation), in addition to other federally required partners such as Temporary Assistance for Needy Families (TANF), Carl Perkins Career and Technical Education, Trade Adjustment Assistance (TAA), and Veterans Employment and Training Services. The boards also work closely with organizations serving older workers, Native American populations, migrant and seasonal farmworkers, individuals impacted by the justice system, community-based organizations, and other specialized groups to ensure equitable access to employment and training opportunities. This section of the Local Plan outlines the strategies and frameworks used by the WDBs and their partners to strengthen service coordination, improve referral processes, and enhance program alignment, ultimately working toward a cohesive workforce ecosystem that meets the diverse needs of job seekers and businesses throughout the region. A. Coordination with AJCC Partners and WIOA Memorandum of Understanding The Santa Ana, Anaheim, and Orange County Workforce Development Boards have established strong partnerships with America’s Job Centers of California (AJCC) partners to coordinate workforce development services. These partnerships are formalized through Memorandums of Understanding (MOUs), which outline workforce system partners' roles, responsibilities, and resource-sharing agreements. The MOUs serve as a blueprint for collaboration, ensuring a seamless, integrated workforce system that effectively meets the needs of job seekers, workers, and employers. Each MOU is reviewed and updated every three years, with an accompanying Infrastructure Funding Agreement (IFA) and system cost-sharing arrangements evaluated annually. This process ensures service coordination remains efficient, responsive, and aligned with the region’s workforce priorities. The following table summarizes the local organizations representing the WIOA core and required partner programs that are party to the MOU for each of the three local boards in Orange County: EXHIBIT 2 City Council 8 – 67 5/20/2025 Orange County WDBs PY 2025-28 Unified Local Plan 3 | Page Orange County WDB Federal Partner Programs MOU Partner WIOA Title I Adult WIOA Title I Dislocated Worker WIOA Title I Youth Career Teams LLC City of La Habra WIOA Title II Adult Education and Literacy North Orange County Continuing Education Huntington Beach Adult School South Orange County Community College District Tustin Unified School District Garden Grove Unified School District WIOA Title III Wagner-Peyser Employment Development Department WIOA Title IV Vocational Rehabilitation California Department of Rehabilitation (DOR) Carl Perkins Career Technical Education North Orange County Continuing Education Rancho Santiago Community College District Title V Senior Community Service Employment Program (SCSEP) Office on Aging (MCS) Job Corps Long Beach Job Corps Center Native American Programs (WIOA Section 166) United American Indian Involvement Migrant and Seasonal Farmworkers (WIOA Section 167) Not applicable. The program is not present in the local area. Jobs for Veterans State Grants Employment Development Department Youth Build Long Beach Job Corps Trade Adjustment Assistance (TAA) Employment Development Department Community Services Block Grant Community Action Partnership of Orange County Housing and Urban Development E&T Not applicable. Unemployment Insurance (UI) Employment Development Department Second Chance Act Grantee Not applicable. The program is not present in the local area. Temporary Assistance for Needy Families (TANF)/CalWORKs County of Orange, Social Services Agency (SSA) Santa Ana WDB Federal Partner Programs MOU Partner WIOA Title I Adult WIOA Title I Dislocated Worker WIOA Title I Youth City of Santa Ana WIOA Title II Adult Education and Literacy Santa Ana College Rancho Santiago Community College District WIOA Title III Wagner-Peyser Employment Development Department EXHIBIT 2 City Council 8 – 68 5/20/2025 Orange County WDBs PY 2025-28 Unified Local Plan 4 | Page WIOA Title IV Vocational Rehabilitation California Department of Rehabilitation Carl Perkins Career Technical Education Santa Ana College Title V Senior Community Service Employment Program (SCSEP) SER – Jobs For Progress Job Corps Not applicable. Native American Programs (WIOA Section 166) United American Indian Involvement Migrant and Seasonal Farmworkers (WIOA Section 167) Not applicable. The program is not present in the local area. Jobs for Veterans State Grants Employment Development Department Youth Build Not applicable. Trade Adjustment Assistance (TAA) Employment Development Department Community Services Block Grant Community Action Partnership of Orange County Housing and Urban Development E&T Santa Ana Housing Authority Unemployment Insurance (UI) Employment Development Department Second Chance Act Grantee Not applicable. The program is not present in the local area. Temporary Assistance for Needy Families (TANF)/CalWORKs County of Orange, Social Services Agency Anaheim WDB Federal Partner Programs MOU Partner WIOA Title I Adult WIOA Title I Dislocated Worker WIOA Title I Youth City of Anaheim WIOA Title II Adult Education and Literacy North Orange County Continuing Education WIOA Title III Wagner-Peyser Employment Development Department WIOA Title IV Vocational Rehabilitation California Department of Rehabilitation (DOR) Carl Perkins Career Technical Education North Orange County Continuing Education Title V Senior Community Service Employment Program (SCSEP) SER – Jobs For Progress Job Corps Not applicable. Native American Programs (WIOA Section 166) United American Indian Involvement Migrant and Seasonal Farmworkers (WIOA Section 167) Not applicable. The program is not present in the local area. Jobs for Veterans State Grants Employment Development Department Youth Build City of Anaheim EXHIBIT 2 City Council 8 – 69 5/20/2025 Orange County WDBs PY 2025-28 Unified Local Plan 5 | Page Trade Adjustment Assistance (TAA) Employment Development Department Community Services Block Grant Community Action Partnership of Orange County Housing and Urban Development E&T Anaheim Housing Authority Unemployment Insurance (UI) Employment Development Department Second Chance Act Grantee Not applicable. The program is not present in the local area. Temporary Assistance for Needy Families (TANF)/CalWORKs County of Orange, Social Services Agency Through these formal agreements, the Anaheim, Santa Ana, and Orange County WDBs maintain a cohesive, effective service delivery model, leveraging resources and partnerships to enhance workforce development opportunities and ensure equitable access to services across the region. To strengthen service coordination, the WDBs facilitate regular monthly and quarterly partner meetings, providing a platform for agencies to review shared goals, assess system performance, and identify opportunities for continuous improvement. These meetings also allow workforce staff to receive cross-training on available workforce programs and referral processes, ensuring job seekers and businesses can seamlessly access services. Through these collaborative meetings, partners work together to address service delivery challenges, identify best practices, and align workforce strategies with regional economic needs. Several workforce partners maintain a co-located presence at the AJCCs, allowing them to work directly with job seekers, reduce service duplication, and strengthen inter-agency collaboration. Co-located partners participate in career planning, job search assistance, and employment workshops, ensuring that individuals receive comprehensive career development support. They also engage in general orientations, on-site hiring events, and case management activities that integrate WIOA and partner programs into individualized employment plans. The three WDBs have established co-location agreements with key workforce partners to enhance employment, training, and supportive services. The Orange County WDB AJCCs house the Employment Development Department (EDD), DOR, County of Orange Office on Aging, and the City of La Habra, along with Career Teams, the contracted career services provider, and America Works, the AJCC operator. The Santa Ana WDB AJCC includes EDD, DOR, SER Jobs for Progress, Social Services Agency (SSA), Housing Authority, and city-administered youth programs (SAY Youth and CA4All). The Anaheim WDB AJCC partners with EDD, DOR, SSA, Working Wardrobes, and North Orange Continuing Education to provide targeted workforce development services. To expand community outreach and increase public awareness of workforce services, the WDBs and AJCC partners coordinate promotional efforts across agencies. Partners actively refer job seekers to workforce programs, share information about employment EXHIBIT 2 City Council 8 – 70 5/20/2025 Orange County WDBs PY 2025-28 Unified Local Plan 6 | Page opportunities, and participate in community events, job fairs, and workforce development initiatives. Additionally, AJCC partners support the Orange County WDB’s One-Stop mobile unit, which brings employment services to hard-to-reach communities, ensuring that job seekers who face transportation and accessibility barriers can connect with workforce resources. Business engagement remains a key priority in service coordination, with the WDBs and AJCC partners collaborating to design customized business solutions, engage employers in sector strategies, and provide recruitment support. Partners work together on rapid response initiatives and layoff aversion strategies to help businesses retain their workforce while supporting employees affected by industry shifts and economic disruptions. Employer engagement efforts also focus on expanding work-based learning opportunities, such as on-the-job training (OJT), apprenticeships, and incumbent worker training programs, ensuring that businesses can build skilled, competitive workforces while offering career advancement opportunities to job seekers. To further strengthen employer engagement, the WDBs will convene quarterly regional meetings for business services representatives and employer engagement teams across workforce system partners. These meetings will facilitate a coordinated regional approach to engaging businesses in workforce activities, aligning services with industry needs, and ensuring that employers are fully aware of the workforce services and resources available across the broader workforce development ecosystem. Strategic Partnerships to Strengthen Workforce Development Beyond the core and mandated partners, the workforce system in Orange County collaborates with business-serving agencies, organized labor, and community-based organizations (CBOs) to enhance workforce services and expand career opportunities. The WDBs work closely with organized labor to support apprenticeships, pre- apprenticeship programs, and sector-driven training initiatives. Labor unions are critical in connecting workforce system participants to quality jobs, ensuring job seekers have access to stable careers with competitive wages, benefits, and advancement opportunities. Organized labor representation on the WDBs ensures that worker perspectives shape workforce policy and strategy. The International Brotherhood of Electrical Workers (IBEW), United Food and Commercial Workers (UFCW), California School Employees Association (CSCA), United Union of Roofers, Waterproofers, and Allied Workers, and Laborers Union (LiUNA) actively engage in workforce training initiatives, apprenticeship programs, and industry awareness events. During National Apprenticeship Week, labor organizations, local WDBs, and the Orange County Labor Federation collaborate to host events showcasing registered apprenticeship programs, highlighting career pathways in industries such as construction, cybersecurity, and public health. Employer engagement extends beyond traditional hiring and recruitment efforts. The WDBs actively collaborate with business-serving organizations such as local chambers EXHIBIT 2 City Council 8 – 71 5/20/2025 Orange County WDBs PY 2025-28 Unified Local Plan 7 | Page of commerce, the Orange County Inland Empire Small Business Development Center (SBDC) Network, and the Small Business Diversity Network (SBDN) to provide targeted workforce solutions for local businesses. These partnerships facilitate access to customized workforce training, entrepreneurship resources, and hiring incentives, strengthening the overall business climate in Orange County. Community-based organizations (CBOs) play a vital role in expanding access to workforce services for priority populations, including justice-involved individuals, veterans, foster youth, and individuals with disabilities. The WDBs collaborate with key CBOs such as Orange County United Way, Goodwill of Orange County, 211 OC, Chrysalis, Working Wardrobes, Hope Builders, and Project Kinship to provide wraparound support services that help job seekers overcome employment barriers. These partnerships enable greater service alignment, increased workforce accessibility, and improved employment outcomes for Orange County residents. Through coordinated service delivery, employer engagement, and community-based partnerships, the Anaheim, Santa Ana, and Orange County Workforce Development Boards remain committed to creating a streamlined, accessible, high-quality workforce system. These efforts ensure that job seekers have the support they need to secure meaningful employment and that businesses can access the talent required for economic growth and sustainability. B. Partners' Efforts to Collaborate on Co-Enrollment and Case Management The local boards and America's Job Centers of California partners are committed to integrating service delivery through strategic co-enrollment and common case management. These approaches enhance coordination among workforce programs, leverage limited resources, and improve outcomes for job seekers. By strategically co- enrolling participants in multiple programs, the workforce system can streamline access to services, avoid duplication, and maximize participant success. The WDBs and AJCC partners work collaboratively through ongoing coordination efforts to strengthen co-enrollment and common case management. At the point of intake, case managers assess participant eligibility across multiple programs to determine whether co- enrollment would provide additional benefits. Participants who authorize information sharing are referred to relevant partner programs, ensuring they receive comprehensive services tailored to their needs. Regular partner meetings provide a platform for agencies to discuss co-enrollment strategies, review best practices, and address service delivery challenges. Cross-training sessions help ensure staff are knowledgeable about available workforce programs, eligibility requirements, and referral processes to facilitate seamless participant transitions between programs. Co-enrollment is particularly beneficial for priority populations such as veterans, English language learners, individuals with disabilities, justice-involved individuals, and public EXHIBIT 2 City Council 8 – 72 5/20/2025 Orange County WDBs PY 2025-28 Unified Local Plan 8 | Page assistance recipients. For example, veterans may be co-enrolled in WIOA Title I programs and specialized veteran services. At the same time, English language learners may receive WIOA Title II services for ESL and skills training. The workforce system also collaborates with the DOR to support individuals with disabilities through dual enrollment in WIOA and DOR services, ensuring access to employment assistance and disability- related accommodations. To further improve co-enrollment and case management, the WDBs and AJCC partners will focus on the following strategies: • Enhancing Referral and Tracking Systems: The WDBs will explore technology-based solutions to streamline referrals, improve participant tracking, and enhance communication between workforce partners. • Expanding Co-Enrollment Opportunities: The WDBs will work on strategies to strengthen co-enrollment with Title II adult education providers, community colleges, and regional occupational programs (ROPs). • Strengthening Workforce Staff Training and Collaboration: The WDBs will continue to provide regular cross-training sessions for AJCC staff and workforce partners to ensure they fully understand co-enrollment processes, program eligibility, and best practices for integrated service delivery. Through these strategies, the WDBs will enhance service coordination, improve participant outcomes, and create a more seamless workforce system that effectively supports individuals in achieving economic mobility and sustainable employment. C. One-Stop System's Use of Technology and Other Remote Strategies The COVID-19 pandemic catalyzed the adoption of remote and virtual service delivery strategies across the workforce system. The Santa Ana, Anaheim, and Orange County Workforce Development Boards quickly pivoted to online platforms to ensure continuity of services during stay-at-home orders. This experience underscored the importance of having robust technology infrastructure and digital capabilities to support workforce development in any environment. While in-person services have resumed, the local boards recognize the value of maintaining a hybrid approach that combines physical and virtual access points. The boards continue to expand their offerings of online workshops, virtual job fairs, and remote case management to provide flexibility and convenience for job seekers and employers. One notable innovation in the region is the introduction of artificial intelligence (AI) tools in the AJCCs to assist staff and job seekers with tasks such as resume writing, cover letter development, and interview preparation. These AI-powered resources complement career counselors' high-touch, personalized services, allowing for more efficient and targeted support. Several workforce system partners provide hardware resources, including internet hotspots, laptops, and Chromebooks, to program participants who need access to EXHIBIT 2 City Council 8 – 73 5/20/2025 Orange County WDBs PY 2025-28 Unified Local Plan 9 | Page technology. Others make these tools available through community-based locations such as libraries, community centers, and faith-based organizations. Establishing more neighborhood access points in collaboration with local partners will further expand workforce service accessibility. Another key strategy for improving outreach and access is the Orange County WDB’s use of a wheelchair-accessible mobile unit, which serves as a One-Stop on wheels. This mobile unit has twelve computers and an external monitor for outdoor orientations and workshops. It is regularly deployed to community events, libraries, partner agencies, and parks and to targeted areas of Orange County that lack convenient access to a comprehensive AJCC. The mobile unit also provides an essential touchpoint for engaging hard-to-reach populations and ensuring workforce services are widely available. The local boards are also exploring ways to enhance the user experience and streamline access to workforce services through technology solutions. This includes redesigning websites and web portals to be more intuitive and user-friendly, with clear pathways for different customer groups to access the necessary information and resources. The boards are also investigating the feasibility of developing online chat features and virtual assistants to provide real-time support and guidance to users. Other strategies to expand the reach and accessibility of services through technology include: • Producing orientation and informational videos in multiple languages to help job seekers understand and navigate workforce programs • Developing mobile-friendly versions of online resources and applications to ensure access for individuals who primarily rely on smartphones for internet access • Exploring partnerships with libraries, community centers, and faith-based organizations to establish neighborhood access points where individuals can connect to workforce services using computer labs or loaner devices • Leveraging social media and digital marketing to increase awareness of workforce programs and engage diverse populations While technology can enhance access and efficiency, the boards recognize the importance of balancing virtual and in-person services. Some individuals, particularly those with limited digital literacy or access to technology, may struggle to benefit from online services fully. The boards are committed to ensuring an equitable and inclusive approach to service delivery that accommodates all customers' diverse needs and preferences. This will require ongoing investment in staff professional development, technology infrastructure, and partnerships to bridge the digital divide. D. Coordination of Workforce Activities and Support Services Supportive services are critical in ensuring job seekers can successfully participate in workforce and education programs. These services provide individuals with the necessary resources to overcome barriers that may prevent them from completing EXHIBIT 2 City Council 8 – 74 5/20/2025 Orange County WDBs PY 2025-28 Unified Local Plan 10 | Page training, securing employment, or advancing in their careers. Supportive services include but are not limited to, childcare, transportation assistance (such as bus passes, gas cards, or mileage reimbursement), work attire, occupational license fees, school supplies, and tools needed for employment. The WDBs collaborate with workforce and education partners to ensure participants have access to these essential services. During the intake and case management process, WIOA case managers work closely with program participants to assess their needs and determine if supportive services are necessary. If a barrier is identified, participants are first referred to existing community resources to maximize available funding and avoid duplication of services. If no other options are available, WIOA Title I funds may be used to provide the needed support. The WDBs collaborate with education providers, community-based organizations, and other workforce partners to ensure individuals can fully participate in training opportunities by collectively addressing supportive service needs. By working with K-12 school districts, community colleges, adult education programs, and training institutions, the WDBs coordinate efforts to connect participants with essential supportive services such as transportation, childcare, and financial assistance. Additionally, partnerships with organizations such as the DOR for workplace accommodations, the Community Health Initiative of Orange County for publicly supported health insurance programs, Chrysalis for specialized counseling services, Goodwill of Orange County for ASL interpreting services, and Working Wardrobes for professional attire help reduce barriers to participation. These collaborations ensure individuals receive the necessary support to successfully engage in and complete workforce and education programs. To further support job seekers, the WDBs coordinate with employer partners to expand pre-apprenticeships, apprenticeships, and other earn-and-learn models that provide hands-on training while allowing individuals to earn a wage. These initiatives reduce financial barriers to participation and help individuals gain the experience necessary for long-term career success. E. Physical and Programmatic Accessibility for Individuals with Disabilities The WDBs comply with WIOA Section 188 and the Americans with Disabilities Act (ADA) of 1990, ensuring that all America’s Job Center of California (AJCC) locations, programs, and services are physically, programmatically, and technologically accessible to individuals with disabilities. The WDBs follow the nondiscrimination and equal opportunity procedures outlined in Workforce Services Directive WSD17-01, implementing policies and practices that prevent discrimination on the basis of disability and ensure equal access to workforce development services. All AJCC facilities within the local area meet ADA physical accessibility standards, allowing individuals with mobility impairments to navigate the centers independently. The EXHIBIT 2 City Council 8 – 75 5/20/2025 Orange County WDBs PY 2025-28 Unified Local Plan 11 | Page WDBs conduct a Biennial Local Area Self-Assessment to evaluate compliance with accessibility requirements and ensure that any identified issues are promptly addressed. To enhance accessibility beyond physical accommodations, the AJCCs provide assistive technology and alternative communication tools to support individuals with hearing, vision, or other disabilities. These resources include screen readers, magnification software, speech-to-text applications, video relay services, and adaptive keyboards. The WDBs actively promote nondiscrimination policies and ensure equal opportunity information is communicated to all staff, job seekers, and employers. This includes displaying the required "Equal Opportunity is the Law" posters in prominent locations at AJCCs and on workforce system websites, integrating nondiscrimination language in program materials, and verbally informing participants of their rights during orientations and intake processes. All participants sign nondiscrimination forms, which are maintained in their records. To maintain compliance with WIOA Section 188, all AJCC and partner staff receive ongoing training on nondiscrimination policies, disability rights, and accessibility best practices. Orange County WDB mandates annual equal opportunity training, while Santa Ana and Anaheim WDBs conduct training every two years to ensure all staff remain informed about ADA requirements and strategies for accommodating individuals with disabilities. The WDBs also collaborate with the DOR and other disability service providers to strengthen accessibility efforts. These partnerships provide guidance on facility layout, assistive technology acquisition, and best practices for serving individuals with disabilities. Through these efforts, the Santa Ana, Anaheim, and Orange County WDBs ensure an inclusive, accessible, and equitable workforce system, removing barriers for individuals with disabilities and fostering meaningful participation in workforce development programs. III. STATE STRATEGIC PARTNER COORDINATION The WDBs actively collaborate with state and regional partners to enhance workforce development efforts, ensuring alignment with industry needs and equitable access to career opportunities. Through these partnerships, the WDBs work to strengthen apprenticeships, expand career pathways, and develop industry-driven training programs that support high-demand sectors and economic mobility for job seekers. Collaboration with state and regional workforce partners plays a critical role in advancing local workforce initiatives. These partnerships help integrate work-based learning opportunities, skills development, and supportive services to create seamless pathways from education to employment. Additionally, the WDBs engage with sector-focused initiatives and industry groups to identify emerging workforce trends, address skill gaps, and enhance access to quality jobs for Orange County residents. EXHIBIT 2 City Council 8 – 76 5/20/2025 Orange County WDBs PY 2025-28 Unified Local Plan 12 | Page The following section outlines the ongoing efforts and future strategies to leverage state partnerships, expand apprenticeship models, and strengthen career training programs that drive economic growth and workforce resiliency in Orange County. A. Coordination with County Human Services Agency and Other Local Partners That Serve Individuals Accessing CalFresh Employment and Training Services The CalFresh Employment & Training (E&T) program is designed to help CalFresh recipients gain skills, training, or work experience to improve their ability to secure sustainable employment and economic stability. In Orange County, CalFresh E&T participation is mandatory for employable individuals receiving General Relief (GR), a temporary cash aid program for indigent adults who do not qualify for state or federal assistance. The Orange County Social Services Agency administers CalFresh E&T, collaborating with the Anaheim, Santa Ana, and Orange County Workforce Development Boards, AJCCs, and CBOs to provide workforce development services aligned with WIOA programs. A key development in this partnership is the co-location of SSA staff in the same building as the OC Workforce Solutions Comprehensive Center in Brea, which streamlines referrals, enhances service coordination, and facilitates direct access to workforce resources for CalFresh E&T participants. Expansion of CalFresh E&T Services Through Fresh Success Fresh Success is a new program launching in Orange County in 2025, expanding the reach of CalFresh Employment & Training (E&T) services to provide workforce development opportunities for CalFresh participants. The program, which currently operates in 21 counties with 34 providers across California, is supported by the Foundation for California Community Colleges, which plays a key role in its implementation by providing: • Recruitment and support for new providers, including workforce agencies and educational institutions. • Tools, training, and technical assistance to enhance service delivery. • Facilitated partnerships with local organizations to integrate job training and wraparound services. • Program oversight and quality assurance to ensure compliance and alignment with workforce development priorities. With the support of the Foundation for California Community Colleges, local partners such as Chrysalis and the Chef Ann Foundation will lead the implementation of Fresh Success in Orange County, providing workforce training and employment services to CalFresh E&T participants. These organizations will help participants gain hands-on job experience, develop employability skills, and transition into sustainable careers, reinforcing the program’s goal of fostering long-term economic self-sufficiency. EXHIBIT 2 City Council 8 – 77 5/20/2025 Orange County WDBs PY 2025-28 Unified Local Plan 13 | Page Ongoing Collaboration and Service Coordination The WDBs, SSA, and workforce partners collaborate to enhance CalFresh E&T service delivery. Regular partner meetings provide opportunities to: • Improve service coordination and strengthen referral processes between SSA, AJCCs, and CalFresh E&T providers. • Develop shared goals to increase access to workforce training and employment opportunities. • Ensure alignment of workforce development strategies with the needs of CalFresh E&T participants. Future Strategies for Strengthening CalFresh E&T Workforce Integration To enhance CalFresh E&T workforce services, the WDBs and their partners will implement the following strategies: 1. Establishing and Strengthening Referral Processes • Develop a standardized, two-way referral system between SSA, AJCCs, and CalFresh E&T providers to ensure seamless participant referrals and service tracking. • Establish coordination between AJCCs and new Fresh Success partners to ensure frontline staff are informed about the program, understand available services, and can identify opportunities for co-enrollment when it supports employment and training outcomes for CalFresh E&T participants. 2. Expanding Training and Workforce Readiness Opportunities • Develop earn-and-learn opportunities for CalFresh recipients to gain on-the-job experience while earning an income. • Collaborate with partners to explore and develop more short-term training opportunities that enable participants to accelerate the acquisition of industry- recognized credentials. • Collaborate with partners to develop and implement innovative solutions that enhance access to flexible training programs, ensuring they accommodate diverse work schedules and offer childcare and transportation support to better meet participant needs. 3. Enhancing Workforce Staff Training and Cross-Agency Collaboration • Organize cross-training sessions for workforce development and SSA frontline staff to ensure they understand each other’s services, referral processes, and program eligibility requirements. • Develop shared goals between SSA, WDBs, and CalFresh E&T providers to align service coordination and workforce development efforts. EXHIBIT 2 City Council 8 – 78 5/20/2025 Orange County WDBs PY 2025-28 Unified Local Plan 14 | Page 4. Improving Data Tracking • Explore the feasibility of developing local codes or program activities in CalJOBS to improve the tracking of CalFresh E&T participant enrollment and service outcomes. • Assess the need to enhance data-sharing agreements between SSA, WDBs, and CalFresh E&T providers to measure the effectiveness of workforce interventions and improve service coordination. By implementing these strategies, the Anaheim, Santa Ana, and Orange County Workforce Development Boards will strengthen CalFresh E&T service coordination, and expand participant workforce opportunities. B. Coordination with Local Child Support Agency and Other Local Partners Serving Individuals That Are Non-Custodial Parents The WDBs partner with the Orange County Department of Child Support Services (DCSS) to help non-custodial parents (NCPs) gain employment, increase economic stability, and meet child support obligations. This partnership ensures that NCPs have access to workforce training, job placement assistance, and career development services that help them achieve long-term financial independence and family- sustaining wages. The WDBs and DCSS continue strengthening their collaboration by improving service coordination, referral processes, and workforce training opportunities for NCPs. Recognizing the unique challenges faced by this population, the workforce system aims to provide tailored employment solutions, including career workshops, legal assistance, and job readiness training, to help NCPs transition into stable employment. Through stakeholder meetings, it was identified that many NCPs are also justice- involved individuals who face additional barriers to securing employment, highlighting the need for targeted strategies to support this population. Additionally, discussions emphasized that successfully connecting NCPs to career opportunities requires tailored workforce solutions that address their specific needs, including multilingual career workshops, targeted outreach to low-income gig workers, and expanded career pathways that provide financial stability and opportunities for advancement. Ongoing Collaboration and Service Coordination The WDBs, DCSS, and workforce system partners collaborate to enhance service delivery and workforce access for NCPs. Coordination efforts include: • Providing cross-training between DCSS staff and workforce professionals to improve WIOA program knowledge and referrals. • Increasing collaboration on job recruitment events, ensuring DCSS distributes job flyers and workforce information in client-facing settings. EXHIBIT 2 City Council 8 – 79 5/20/2025 Orange County WDBs PY 2025-28 Unified Local Plan 15 | Page • Expanding partnerships with community-based organizations to strengthen wraparound services for NCPs, including legal aid and employment readiness programs. Future Strategies for Strengthening Workforce Support for Non-Custodial Parents To further support NCPs in accessing workforce services, the WDBs and partners will implement the following strategies: 1. Strengthening Referral and Outreach Processes • Fully implement a streamlined digital referral process, improving service coordination and tracking. The original plan to use CalJOBS for referrals has proven challenging to implement widely. • The partnership will initially prioritize increasing overall referral volume, followed by an assessment of the need for non-English services and specialized workshops to support diverse NCP populations better. • Designate liaison staff for warm handoffs between DCSS and workforce agencies. • Enhance outreach efforts through text messaging, email guidance, and multilingual marketing materials. 2. Supporting Justice-Involved Non-Custodial Parents • Develop and distribute child support informational guides for justice-involved individuals in collaboration with reentry partners. • Expand early workforce and child support intervention efforts for incarcerated individuals, connecting them with employment resources pre-release. • Develop strategies to strengthen engagement with reentry organizations to ensure justice-involved NCPs receive early intervention services for workforce and child support services. 3. Increasing Workforce System Engagement with Child Support Services • Provide ongoing cross-training between workforce boards and DCSS staff to ensure a comprehensive understanding of available workforce programs and referral processes. • DCSS will train AJCC frontline staff on addressing concerns non-custodial parents may have about employment, emphasizing that DCSS aims to support, not hinder, their employment goals and providing information on tools available to modify child support orders when necessary. • Increase DCSS participation in workforce recruitment efforts, including job fairs and employment initiatives. By implementing these strategies, the Anaheim, Santa Ana, and Orange County Workforce Development Boards will strengthen workforce service delivery, improve economic opportunities for non-custodial parents, and enhance collaboration with child support agencies and reentry partners. EXHIBIT 2 City Council 8 – 80 5/20/2025 Orange County WDBs PY 2025-28 Unified Local Plan 16 | Page C. Coordination with Local Partnership Agreement Partners Established in Alignment with the Competitive Integrated Employment Blueprint and Other Local Partners That Serve Individuals with Developmental and Intellectual Disabilities The California Competitive Integrated Employment (CIE) Blueprint is a statewide initiative led by the California Department of Education (CDE), the California Department of Rehabilitation (DOR), and the California Department of Developmental Services (DDS), in partnership with a broad range of stakeholders, including Disability Rights California (DRC). Leadership for the Blueprint is provided by the California Health and Human Services Agency (CHHSA). The CIE Blueprint aims to expand employment opportunities for individuals with intellectual and developmental disabilities (ID/DD) by strengthening pathways to CIE. CIE is defined under the Workforce Innovation and Opportunity Act (WIOA) as full- time or part-time work at minimum wage or higher, with wages and benefits comparable to non-disabled employees performing the same work in settings where individuals with disabilities work alongside those without disabilities. The goals of the CIE Blueprint are: 1. Improve collaboration and coordination between CDE, DOR, and DDS to prepare and support all individuals with ID/DD who choose CIE. 2. Increase opportunities for individuals with ID/DD to access California’s workforce development system and achieve CIE through available resources. 3. Support informed decision-making, ensuring individuals with ID/DD can explore career options, prepare for employment, and successfully transition into and retain CIE opportunities. Ongoing Collaboration and Service Coordination The Anaheim, Santa Ana, and Orange County Workforce Development Boards (WDBs) actively collaborate with DOR, the Regional Center of Orange County (RCOC), local education agencies (LEAs), community colleges, and workforce service providers to implement strategies that align with the Blueprint. These efforts are primarily coordinated through a Local Partnership Agreement (LPA) that streamlines workforce services, strengthens employment pipelines, and ensures that individuals with ID/DD have equitable access to workforce opportunities. Through their participation in Orange County LPA meetings, WDB representatives work alongside DOR, RCOC, and community-based organizations (CBOs) to ensure a coordinated approach to service delivery for individuals with disabilities. The partnership has created new employment and training opportunities aligned with WIOA and CIE Blueprint initiatives, improving service integration, career development, and business engagement. EXHIBIT 2 City Council 8 – 81 5/20/2025 Orange County WDBs PY 2025-28 Unified Local Plan 17 | Page The WDBs and DOR also collaborate to engage businesses by participating in chamber of commerce events, diversity hiring fairs, and workforce networking events. This proactive employer engagement strategy is essential for: • Educating businesses on the value of hiring individuals with disabilities. • Providing training and technical assistance to create more inclusive workplaces. Additionally, the WDBs are focused on enhancing the workforce system's capacity to support individuals with disabilities. Stakeholder discussions have highlighted a critical shortage of trained job coaches, employment specialists, and disability service professionals, which has made it difficult to provide comprehensive, long-term employment support for individuals with disabilities. To address this gap, the WDBs will work with RCOC to explore workforce pipeline solutions, such as recruiting and training older workers who are re-entering the workforce due to the rising cost of living. Many older workers may be interested in part-time employment and could be trained as job coaches or employment specialists to support individuals with disabilities. Leveraging their experience and availability, this approach aims to bridge the service gap while creating meaningful employment opportunities for older workers. The training and development of workforce staff is also a critical initiative. The WDBs, in collaboration with DOR, offer training sessions for frontline staff at AJCCs and partner organizations to help workforce professionals better understand the services available for individuals with disabilities. These training efforts focus on: • Enhancing staff knowledge of DOR’s extensive service offerings. • Strengthening referral and case management systems. • Ensuring workforce professionals are equipped to provide job seekers with disabilities the necessary guidance and support. By leveraging regional partnerships, expanding employer engagement, and addressing workforce capacity challenges, the Anaheim, Santa Ana, and Orange County Workforce Development Boards remain committed to increasing competitive integrated employment opportunities for individuals with disabilities. Future Strategies for Expanding Competitive Integrated Employment To further advance Competitive Integrated Employment (CIE) opportunities and address workforce shortages in the disability employment sector, the Anaheim, Santa Ana, and Orange County Workforce Development Boards (WDBs) will implement the following strategies: EXHIBIT 2 City Council 8 – 82 5/20/2025 Orange County WDBs PY 2025-28 Unified Local Plan 18 | Page 1. Expanding the Pipeline of Job Coaches and Employment Support Specialists • Develop and promote clear career pathways for individuals interested in supporting people with disabilities by working as job coaches, employment specialists, and disability service professionals. • Explore strategies to recruit and train older workers who are re-entering the workforce due to the rising cost of living, offering them part-time employment opportunities as job coaches. • Map and explore various career pathways where entry-level job coaching and employment support roles can be stepping stones to higher-paying careers in human services, workforce development, and related industries. This approach will help promote these positions as viable career opportunities and improve recruitment and retention. 2. Increasing Training and Professional Development for Workforce Staff and Partner Organizations • Explore training opportunities through institutions like the UCLA Tarjan Center to enhance workforce staff capabilities in serving individuals with disabilities. • Conduct targeted surveys for individuals referred from DOR, RCOC, and other workforce agencies to assess service effectiveness and identify gaps. • Provide professional development and cross-training for workforce staff, ensuring they are knowledgeable about DOR services, CIE programs, and available workforce resources for individuals with disabilities. 3. Strengthening Employer Outreach and Engagement • Increase efforts to educate employers on the benefits of hiring individuals with disabilities and inform them about available hiring incentives. • Continue to expand business outreach and engagement efforts, leveraging chamber of commerce networks, LinkedIn Recruiter, and direct employer outreach to increase CIE opportunities. • Work with industry associations and business partners to promote inclusive hiring practices and support employer-driven workforce solutions for individuals with disabilities. 4. Expanding Access and Workforce Information • Explore the creation of an online hub for disability workforce resources, providing job seekers, workforce professionals, and employers with centralized access to tools, training, and employment support services. • Assess the potential for integrating disability workforce resources into the OC Works Online Hub Project, in partnership with the Orange County Regional Consortium (OCRC) to enhance accessibility and streamline information sharing. • Increase participant referrals through targeted outreach efforts, identifying and partnering with CBOs to expand service reach and connect more individuals with ID/DD to workforce development programs. EXHIBIT 2 City Council 8 – 83 5/20/2025 Orange County WDBs PY 2025-28 Unified Local Plan 19 | Page By implementing these strategies, the WDBs will strengthen employer engagement, expand service accessibility, and create a sustainable workforce pipeline to support individuals with disabilities in securing competitive integrated employment. D. Coordination with Community-Based Organizations and Other Local Partners That Serve Individuals Who Are English Language Learners, Foreign Born, and/or Refugees The WDBs collaborate with community-based organizations, adult education providers, and immigrant-serving agencies to help English language learners (ELLs), foreign-born individuals, and refugees access workforce services and secure employment. These partnerships focus on reducing language barriers, providing culturally responsive employment services, and expanding access to training and career opportunities. The WDBs work closely with local adult education programs, community colleges, and nonprofit organizations that offer ESL courses, vocational training, and job placement support. Recognizing the challenges these populations face in navigating the workforce system, the Boards are committed to improving outreach, strengthening referral coordination, and enhancing service accessibility. Stakeholder meetings identified barriers preventing ELLs, foreign-born individuals, and refugees from fully accessing workforce services. Challenges include translating foreign credentials, unclear referral pathways, language barriers, and difficulty navigating workforce systems. Limited awareness, transportation, and childcare obstacles further restrict participation in training and job searches. Stakeholders emphasized the need for better service coordination to streamline referrals and avoid duplication. Additionally, culturally inclusive job readiness training is essential to help individuals adapt to U.S. workplace norms, hiring processes, and professional communication. Ongoing Collaboration and Service Coordination The WDBs, CBOs, and local workforce system partners collaborate to enhance workforce services for ELLs, foreign-born individuals, and refugees. Current efforts include: • Partnering with libraries, adult education providers, and nonprofits to expand workforce resources and ESL learning opportunities. • Providing cross-training for workforce staff and immigrant-serving organizations to improve understanding of WIOA eligibility, enrollment processes, and career services. • Developing outreach materials in multiple languages to improve awareness and accessibility of workforce programs. • Leveraging community spaces such as churches, cultural centers, and local nonprofits for culturally sensitive outreach and service delivery. EXHIBIT 2 City Council 8 – 84 5/20/2025 Orange County WDBs PY 2025-28 Unified Local Plan 20 | Page Future Strategies for Strengthening Workforce Support for English Language Learners, Foreign-Born Individuals, and Refugees To improve service delivery and workforce access for these populations, the WDBs and partners will implement the following strategies: 1. Strengthening Referral and Navigation Support • Improve the referral process between AJCCs, adult education providers, and community-based organizations to ensure seamless service coordination. • Explore the creation of a workforce navigator role to help ELLs and foreign- born individuals understand available workforce services and complete enrollment processes. • Create multilingual video guides and visual flowcharts explaining how to access workforce programs and eligibility requirements. 2. Expanding Workforce Training and Career Pathways • Collaborate with education partners to expand career pathway programs, including Vocational ESL (VESL), that integrate language learning with workforce training and help ELLs earn industry-recognized credentials. • Explore partnerships with employers to create work-based learning opportunities tailored to ELL populations. 3. Addressing Barriers to Workforce Participation • Develop strategies to address transportation and childcare challenges that prevent ELLs from participating in training and job search activities. • Increase culturally responsive job readiness training to help individuals understand U.S. workplace expectations, job applications, and interview processes. 4. Enhancing Outreach and Information Sharing • Explore the possibility of integrating ELL workforce resources into the OC Works Hub site in collaboration with the Orange County Regional Consortium. • Strengthen partnerships with culturally specific organizations to enhance outreach and better connect ELL communities with workforce services. By implementing these strategies, the WDBs will enhance workforce access, improve employment outcomes, and strengthen collaboration with community partners serving ELLs, foreign-born individuals, and refugees. E. Coordination with Local Veteran Affairs, community-based organizations, and other local partners who serve veterans. The WDBs collaborate with veteran-serving organizations, community-based programs, and local Veteran Affairs offices to support veterans in successfully transitioning to civilian employment. These partnerships ensure veterans have access EXHIBIT 2 City Council 8 – 85 5/20/2025 Orange County WDBs PY 2025-28 Unified Local Plan 21 | Page to workforce services, career development resources, and employment opportunities that align with their military experience and long-term career goals. The Orange County Workforce Development Board (OCWDB) operates the Veterans Reemployment Office (OC4Vets) in Santa Ana, a dedicated resource center providing employment assistance, career coaching, and job placement support for veterans. OCWDB also works closely with the Veterans Affairs Vocational Rehabilitation and Employment (VR&E) program, which helps veterans with service-connected disabilities gain employability skills and secure competitive integrated employment. All three Workforce Development Boards are members of the Orange County Veterans and Military Families Collaborative (OCVMFC), which brings together public and private organizations to improve veteran service coordination and resource- sharing. Through this collaboration, the Boards participate in events, employer engagement initiatives, and workforce development strategies that enhance employment outcomes for veterans. Stakeholder meetings highlighted several challenges veterans face in securing employment, including navigating workforce systems, translating military experience to civilian careers, and managing salary expectations. Additionally, stakeholders emphasized the need for expanded career exploration, mentorship, and job retention support. A significant gap identified was the loss of funding for a program that provided wraparound mental health and employment services, leaving many veterans without critical support. While various services exist, they are often underutilized due to a lack of awareness and the complexity of accessing them. Stakeholders also stressed the need for better coordination among service providers to ensure warm handoffs, reduce service duplication, and improve veterans' access to essential resources and employment opportunities. Strengthening partnerships and developing tailored solutions to address these barriers will improve service delivery and long-term employment success for veterans. Ongoing Collaboration and Service Coordination The WDBs, veteran-serving organizations, and workforce system partners collaborate to improve service coordination and ensure veterans receive comprehensive workforce support. Current efforts include: • Providing cross-training between workforce staff and veteran service organizations to increase awareness of available workforce programs and referral pathways. • Enhancing employer engagement through veteran-focused job fairs, hiring events, and business outreach initiatives. EXHIBIT 2 City Council 8 – 86 5/20/2025 Orange County WDBs PY 2025-28 Unified Local Plan 22 | Page • Expanding partnerships with community-based organizations to ensure wraparound services for veterans, including housing support, behavioral health resources, and career coaching. Future Strategies for Strengthening Workforce Support for Veterans To enhance workforce services for veterans, the WDBs and partners will implement the following strategies: 1. Strengthening Referral and Outreach Processes • Increase veteran referrals to workforce services by streamlining communication between Veteran Affairs, workforce agencies, and community partners. • Develop a structured referral system to ensure warm handoffs between veteran service providers and AJCCs. • Create visual guides, decision trees, or flowcharts to help veterans and service providers navigate available resources and career pathways. 2. Expanding Workforce Training and Career Exploration • Explore ways to increase job shadowing and informational interview opportunities by strengthening employer relationships and industry partnerships. • Collaborate with partner organizations to develop strategies for connecting veterans with peer mentors who can provide guidance, share experiences, and support their transition into civilian careers. 3. Supporting Veterans with Employment Barriers • Work with partners to develop strategies for enhancing workforce readiness programs, incorporating soft skills training, financial literacy, and job retention support to prepare veterans for long-term career success better. • Leverage peer support specialists to provide mental health services alongside workforce training, addressing barriers to long-term employment. 4. Enhancing Employer Engagement and Job Placement • Expand employer outreach efforts to educate businesses on the value of hiring veterans and the skills they bring to the workforce. • Facilitate employer engagement initiatives such as veteran hiring events, industry roundtables, and veteran-focused apprenticeship programs. • Develop strategies to bridge the gap between veteran skills and employer needs, ensuring better job matching and long-term career stability. F. Collaboration with the Strategic Planning partners to address environmental sustainability. The Workforce Development Boards (WDBs) recognize the critical role of workforce development in advancing environmental sustainability, climate resilience, and EXHIBIT 2 City Council 8 – 87 5/20/2025 Orange County WDBs PY 2025-28 Unified Local Plan 23 | Page economic mobility. In alignment with the California Workforce Development Board’s High Road Training Partnerships (HRTP) framework and the Orange County Climate Action Plan (CAP), the WDBs collaborate with strategic planning partners, industry leaders, and community organizations to integrate sustainability into workforce programs. These efforts aim to reduce environmental impact, create career pathways in green industries, and expand opportunities for disadvantaged populations. California’s High Road vision, reinforced by the Orange County CAP, prioritizes equity, climate adaptation, and job quality, ensuring that workers and businesses can transition to a carbon-neutral economy while addressing economic vulnerabilities. The WDBs are committed to developing training programs, sector partnerships, and industry-driven strategies that align workforce development with climate action and economic resilience goals. Stakeholder discussions and research on high-road workforce strategies have identified several challenges and opportunities in expanding sustainable workforce initiatives. These include: • The need for more apprenticeships and job placement opportunities in climate-resilient sectors such as renewable energy, energy efficiency, green construction, and environmental technology. • Limited awareness and accessibility of green career pathways, particularly among historically disadvantaged communities and displaced workers. • Industry shifts due to California’s transition away from fossil fuels, highlighting the urgency of reskilling and workforce training programs to support workers transitioning into clean energy and sustainability-focused jobs. Expanding partnerships among workforce agencies, sustainability-focused employers, and climate-conscious community-based organizations is critical to ensuring that green workforce initiatives remain accessible, inclusive, and aligned with evolving industry needs. Ongoing Collaboration and Service Coordination The WDBs collaborate with regional planning partners, industry leaders, and training providers through the Jobs First initiative (formerly the Community Economic Resilience Fund - CERF) to develop workforce strategies that support environmental sustainability, climate adaptation, and equitable economic development. Through this collaboration, the WDBs aim to: • Align workforce development with the County’s climate action goals, ensuring training investments promote economic mobility, workforce resilience, and green job expansion. EXHIBIT 2 City Council 8 – 88 5/20/2025 Orange County WDBs PY 2025-28 Unified Local Plan 24 | Page • Support industry transitions to sustainable practices by engaging employers in clean energy, waste reduction, and climate-resilient infrastructure projects. • Leverage funding opportunities to increase workforce participation in green and emerging industries, including renewable energy, sustainable transportation, and environmental conservation. Future Strategies for Advancing Environmental Sustainability in Workforce Development To strengthen green workforce initiatives and support the objectives of the HRTP framework and Orange County Climate Action Plan, the WDBs and partners will implement the following strategies: 1. Expanding Green Career Pathways and Apprenticeships • Develop industry-driven training programs in renewable energy, sustainable construction, and climate-resilient infrastructure. • Increase paid apprenticeship and work-based learning opportunities in green sectors to ensure a skilled workforce pipeline for sustainable industries. • Partner with employers to create upskilling programs for workers transitioning from fossil-fuel-based industries to climate-conscious jobs. • Explore partnerships with regional sustainability programs to expand on-the- job training opportunities in green occupations such as solar energy, environmental engineering, and energy efficiency. 2. Strengthening Employer Engagement and Business Sustainability Practices • Engage industry associations, labor unions, and economic organizations to identify emerging job opportunities in clean energy, climate-resilient infrastructure, and green technology. • Work with businesses to develop industry-specific sustainability training programs that prepare workers for climate-focused careers and California’s transition to a green economy. • Promote workforce incentives for businesses adopting sustainable practices, aligning with California’s climate policies and workforce goals. • Support local businesses in adopting clean energy and emission reduction strategies by connecting them to skilled workers trained in sustainability- focused careers. 3. Increasing Access and Awareness of Green Workforce Opportunities • Develop targeted outreach efforts to increase awareness of green career opportunities among underrepresented populations, displaced workers, and transitioning industries. EXHIBIT 2 City Council 8 – 89 5/20/2025 Orange County WDBs PY 2025-28 Unified Local Plan 25 | Page • Explore the integration of green workforce training resources into the OC Works Hub, providing a centralized platform for environmental sustainability job opportunities. • Facilitate convenings with sustainability-focused employers to discuss industry skill needs, workforce development strategies, and clean energy employment trends. • Partner with education and training providers to ensure curricula align with the latest advancements in climate-conscious industries and clean technology. By implementing these strategies, the Anaheim, Santa Ana, and Orange County Workforce Development Boards will support the County’s transition to a carbon-neutral economy, expand access to sustainable careers, and strengthen partnerships with industry leaders driving environmental sustainability. These efforts will create high-quality jobs, increase economic resilience, and promote equitable workforce development opportunities in climate-adaptive industries. IV. WIOA TITLE I COORDINATION The Santa Ana, Anaheim, and Orange County Workforce Development Boards (WDBs) are committed to delivering high-quality WIOA Title I services that effectively support job seekers, workers, and employers. To achieve this, the WDBs prioritize staff preparation, training, and ongoing professional development to ensure workforce system professionals remain knowledgeable about evolving labor market trends, program requirements, and best practices in service delivery. Through continuous improvement efforts, the boards align WIOA Title I services with regional workforce priorities, fostering a system responsive to participant needs and promoting economic mobility. This section outlines the strategies for workforce staff development, service delivery approaches, and administrative coordination that guide the implementation of WIOA Title I programs across the region. A. Staff Training and Professional Development to Increase Digital Technology Skills The WDBs recognize the growing importance of digital fluency in workforce development and are committed to equipping frontline staff with the necessary skills to navigate an evolving digital landscape. To enhance service delivery and more effectively support job seekers, the WDBs provide ongoing training and professional development opportunities focused on digital tools, virtual engagement, and emerging technologies. Frontline staff receive regular training on core workforce technology platforms, including CalJOBS and Microsoft Office, ensuring they can efficiently manage case files, track participant progress, and facilitate job search activities. Additionally, staff are trained in using virtual communication tools such as Zoom and Microsoft Teams to conduct remote sessions, facilitate online workshops, and engage job seekers in a hybrid service model that blends in-person and virtual interactions. EXHIBIT 2 City Council 8 – 90 5/20/2025 Orange County WDBs PY 2025-28 Unified Local Plan 26 | Page Recognizing the increasing role of artificial intelligence (AI) in workforce development, staff have also participated in AI training to improve their ability to use large language model tools for administrative support, job seeker assistance, and personalized service delivery. These AI tools help streamline resume writing, job matching, and interview preparation, enhancing staff efficiency and participant outcomes. Beyond their own skill development, staff are also trained to support job seekers in improving their digital literacy and confidence with technology. As digital skills become essential for employment, AJCC staff guide job seekers on navigating online job applications, using video conferencing for virtual interviews, and leveraging digital tools for career advancement. The WDBs continue assessing training needs and integrating new digital learning strategies to ensure staff and job seekers can successfully adapt to a technology-driven workforce. B. Frontline Staff Training and Professional Development to Increase Cultural Competency and Effectiveness in Working with Individuals and Groups that Have Been Exposed to Trauma Workforce programs support individuals from a wide range of cultural, socioeconomic, and linguistic backgrounds, including immigrants, refugees, justice-involved individuals, and those who have experienced trauma. The WDBs provide ongoing training in cultural competency and trauma-informed care to foster a more inclusive and supportive service environment. The WDBs host dedicated training sessions and leverage partner-led training opportunities to equip staff with the knowledge and skills to serve diverse populations effectively. Cultural competency training focuses on recognizing implicit bias, understanding the unique needs of multilingual and multicultural communities, and ensuring workforce services are accessible and inclusive. Trauma-informed care training helps staff recognize the impact of adverse experiences on employment readiness, emphasizing de-escalation techniques, supportive communication strategies, and approaches to fostering trust with job seekers who have experienced trauma. Additionally, staff participate in motivational interviewing training to enhance their ability to engage and empower individuals in overcoming employment barriers. The WDBs will continue to offer training in trauma-informed care, motivational interviewing, and cultural competency to strengthen service delivery and ensure workforce professionals are prepared to provide equitable and supportive assistance to all job seekers. By maintaining these ongoing professional development efforts, the WDBs create a workforce system that is responsive, inclusive, and equipped to meet the evolving needs of the communities they serve. EXHIBIT 2 City Council 8 – 91 5/20/2025 Orange County WDBs PY 2025-28 Unified Local Plan 27 | Page C. Coordination of Rapid Response and Layoff Aversion Activities The WDBs actively support statewide rapid response efforts by providing services to businesses facing layoffs and offering outplacement support to dislocated workers. Rapid response teams work closely with businesses and affected employees to facilitate a smooth transition and minimize disruptions. The teams become aware of large layoffs through California's Worker Adjustment and Retraining Notification (WARN) system, while smaller layoffs are identified through AJCC partners, chambers of commerce, industry associations, and local news sources. Once notified, rapid response teams, which include WDB staff, EDD representatives, education and training providers, and community-based organizations, coordinate immediate support. The three WDBs collaborate on regional rapid response events when a layoff affects multiple areas within Orange County, ensuring consistency and efficiency. If businesses in neighboring workforce areas are impacted, the local boards work with adjacent WDBs to provide coordinated assistance. Affected workers are connected to career services, job placement support, unemployment insurance information, and retraining programs through on-site and virtual rapid response events. Workers also receive guidance on navigating health benefits, rolling over retirement plans, and accessing available public resources. In addition to responding to layoffs, the WDBs implement layoff aversion strategies designed to help businesses retain workers by identifying at-risk companies and providing early intervention. Using business intelligence tools such as EconoVue, the boards proactively assess financial distress indicators and intervene with targeted support. Employers receive guidance on cost containment strategies, including accessing tax incentives, restructuring operations, reducing overhead expenses, and participating in employer-driven training initiatives that help retain employees while adapting to shifting industry demands. The Santa Ana WDB further supports businesses by partnering with the local Chamber of Commerce, conducting business needs assessments to identify early warning signs and develop retention strategies. The WDBs also participate in Southern California Rapid Response Roundtable meetings, fostering regional collaboration and sharing best practices. These meetings enable workforce partners to refine strategies for layoff aversion, improve employer engagement, and align services with economic trends. Moving forward, the WDBs will continue strengthening rapid response and layoff aversion efforts by enhancing coordination with businesses, economic development agencies, and education partners, ensuring that Orange County remains resilient in the face of workforce disruptions while providing comprehensive reemployment support for displaced workers. D. Services and Activities Available under WIOA Title I Adult and Dislocated Worker Programs The WDBs provide a comprehensive range of employment and training services for adults and dislocated workers through the America’s Job Center of California (AJCC) system. These services support job seekers at various skill levels and career stages, helping them EXHIBIT 2 City Council 8 – 92 5/20/2025 Orange County WDBs PY 2025-28 Unified Local Plan 28 | Page access employment opportunities, build career pathways, and obtain industry-recognized credentials. The AJCC system delivers workforce services through in-person locations, virtual platforms, and a mobile unit that brings career services to communities throughout Orange County. AJCC/One-Stop Delivery System The AJCC facilities listed below provide in-person services, complemented by virtual offerings that are an integral component of the hybrid workforce development system implemented by all three local boards in Orange County. Orange County WDB AJCCs Orange County Workforce Solutions Center 675 Placentia Ave, Suite 330 Brea, CA 92821 OC Workforce Solutions South County 28202 Cabot Road, Suite 140 Laguna Niguel, CA 92677 OC4Vets - Veterans Reemployment Office 1300 S. Grand Avenue, 2nd Floor, Building B Santa Ana, CA 92705 Los Alamitos Joint Forces Training Base 11200 Lexington Dr. Bldg. 244 Los Alamitos, CA 90720 Supplementing the above facilities is the Orange County WDB mobile AJCC, which provides services from community and business locations throughout the county. Santa Ana WDB AJCC Santa Ana WORK Center 801 West Civic Center Drive, Suite 200 Santa Ana, CA 92701 Anaheim WDB AJCC Anaheim Workforce Connection 201 South Anaheim Blvd. Anaheim, CA 92805 Adult and Dislocated Worker Program Services EXHIBIT 2 City Council 8 – 93 5/20/2025 Orange County WDBs PY 2025-28 Unified Local Plan 29 | Page The AJCC system offers career services and training opportunities that meet the diverse needs of job seekers in the region. Services are delivered through a hybrid model, combining in-person assistance at AJCC locations, virtual career services, and mobile workforce outreach to increase accessibility across Orange County. Career Services 1. Basic Career Services: • Job search assistance and access to labor market information. • Initial assessments to evaluate skill levels, career interests, and barriers to employment. • Assistance with resume development, job applications, and interview preparation. • Information on eligibility and referrals to training and supportive services. 2. Individualized Career Services: • Comprehensive skills assessments to determine career readiness. • Individual Employment Plans (IEPs) developed with case managers to outline career goals and training pathways. • Career counseling and one-on-one support for employment navigation. • Job placement assistance and direct referrals to hiring employers. Training Services To equip job seekers with in-demand skills, the WDBs offer various training programs tailored to regional industry needs. These programs include: • Occupational Skills Training through approved providers on the Eligible Training Provider List (ETPL). • On-the-Job Training (OJT), where participants gain hands-on experience with employers while earning a wage. • Apprenticeships and pre-apprenticeships in construction, healthcare, advanced manufacturing, and clean energy. • Incumbent Worker Training to help current employees upskill for career advancement. • Short-term certification programs in fields such as information technology and logistics, and other regional demand occupations. Follow-Up Services WDBs provide up to 12 months of follow-up services to support job retention and career growth for WIOA Adult and Dislocated Worker participants. Case managers maintain regular contact to address challenges and provide: • Career counseling and job retention support to help participants navigate workplace expectations and advance in their careers. EXHIBIT 2 City Council 8 – 94 5/20/2025 Orange County WDBs PY 2025-28 Unified Local Plan 30 | Page • Skills development and refresher training to enhance job performance and career mobility. • Financial literacy assistance to support budgeting and financial planning. • Continued access to supportive services, such as transportation, childcare, and mental health resources. • Employer mediation to help resolve workplace concerns and prevent job loss. Follow-up services ensure participants remain employed, access additional training, and receive ongoing support for long-term career success. The WDBs have established priority of service policies, ensuring that priority for career and training services is given to: • Veterans and eligible spouses (highest priority). • Recipients of public assistance, low-income individuals, and individuals who are basic skills deficient. During intake and assessment, AJCC staff determine priority status, document eligibility in CalJOBS, and ensure priority populations receive access to career counseling, training funds, and supportive services before individuals who do not meet priority criteria. The WDBs also conduct targeted outreach to ensure that those most in need are informed about available workforce services. AJCC partners are made aware of the local board's priority of service policy and actively assist in identifying and referring individuals who meet the priority service criteria. E. Services and Activities Available under WIOA Title I Youth Program The WDBs provide a comprehensive range of workforce investment activities for eligible in-school and out-of-school youth. Services are delivered through contracted service providers and partner organizations, supporting youth in career exploration, education, skills development, and employment. These programs are designed to equip young individuals with the necessary tools and experiences to transition successfully into the workforce or further education, ensuring they have access to meaningful career pathways and long-term economic stability. Youth Workforce Investment Activities WIOA Title I Youth programs offer the 14 required program elements designed to help young individuals overcome barriers and successfully transition into post-secondary education, training, and employment. These services include tutoring, dropout prevention, paid and unpaid work experiences, occupational skills training, financial literacy education, leadership development, and follow-up services for at least 12 months after program completion. Youth also receive supportive services such as transportation assistance, childcare, and work-related tools to ensure they can fully participate in training and employment opportunities. EXHIBIT 2 City Council 8 – 95 5/20/2025 Orange County WDBs PY 2025-28 Unified Local Plan 31 | Page The WDBs prioritize serving out-of-school youth, with the following service ratios: • Orange County WDB: 25% in-school, 75% out-of-school • Santa Ana WDB: 20% in-school, 80% out-of-school • Anaheim WDB: 0% in-school, 100% out-of-school Core Features of Youth Services Case Management: Case managers guide youth in developing Individual Service Plans (ISPs) that outline career and education goals. They coordinate services with AJCC partners, track progress, and modify plans as needed to ensure youth stay on their career pathways. Work Experience: Paid and unpaid work experience placements provide valuable exposure to the workforce. Opportunities include pre-apprenticeship programs, summer and year-round employment, internships, job shadowing, and on-the-job training. Occupational Skills Training & Job Readiness: Short-term training programs lead to industry-recognized credentials, equipping youth with the vocational skills needed for employment. Job readiness workshops help participants develop essential employability skills. Educational Services: Youth programs offer tutoring, ESL training, and academic support to help individuals earn a high school diploma or equivalent and prepare for post- secondary education. Support Services: Youth receive assistance such as transportation, childcare, and work attire to eliminate barriers to participation. Whenever possible, the WDBs leverage non- WIOA funding sources before utilizing WIOA funds. Digital Literacy & Technology Integration Recognizing the growing demand for digital literacy, WDBs have expanded efforts to ensure youth gain proficiency in essential technology skills. Many youth successfully adapted to virtual services during the pandemic, and the boards continue to integrate digital tools into programming. Through partnerships with public libraries, youth have access to digital literacy training, online career coaching, and homework assistance. Additionally, AJCC staff connect youth to adult education and community college non- credit programs that offer digital literacy instruction. By providing a structured framework of education, training, and employment services, the WDBs help youth gain the skills and experience necessary to transition into self-sufficient careers, aligning with the regional workforce development strategy. F. Entity Responsible for Disbursal of Grant Funds and the Competitive Process Used to Award Contracts for WIOA Title I Activities EXHIBIT 2 City Council 8 – 96 5/20/2025 Orange County WDBs PY 2025-28 Unified Local Plan 32 | Page The County of Orange serves as the fiscal agent for the Orange County Workforce Development Board, overseeing the disbursal of grant funds. Likewise, the City of Santa Ana acts as the fiscal agent for the Santa Ana Workforce Development Board, and the City of Anaheim fulfills this role for the Anaheim Workforce Development Board, ensuring proper management and distribution of WIOA funds. To award sub-grants and contracts for WIOA Title I activities, the three local boards utilize a competitive procurement process for awards exceeding the required threshold. Each board adheres to the competitive procurement policies and procedures established by its respective governing entity, ensuring compliance with state and federal regulations. Additionally, the local boards follow all requirements outlined in EDD Directive WSD17- 08 concerning the procurement of equipment and related services. G. How the Local Board Fulfills the Duties of the AJCC Operator and/or the Career Services Provider or Selection of AJCC Operators and Career Services Providers The selection of AJCC Operators for the Santa Ana, Anaheim, and Orange County Workforce Development Boards was conducted through an open and competitive procurement process in alignment with EDD Directive WSD22-13. Additionally, the Career Services Provider for Orange County was selected through a competitive procurement process. The Santa Ana and Anaheim Workforce Development Boards have received state approval to directly provide Career Services for the WIOA Title I Adult and Dislocated Worker programs. The following tables summarize the entities with which each board has a contractual relationship, along with their respective roles: Local Board Provider Role Orange County WDB America Works One-Stop Operator Career Teams, LLC Career Services Provider City of La Habra Youth Services – "Ready. Set. OC" Program Anaheim WDB Workforce Development Solutions, Inc. One-Stop Operator Anaheim WDB Career Services Provider Hope Builders Youth Services Orange County Conservation Corps Youth Services Santa Ana WDB Workforce Development Solutions, Inc. One-Stop Operator Santa Ana WDB Career Services Provider Orange County Children's Therapeutic Arts Center Youth Services Each local board ensures compliance with WIOA and state directives by maintaining rigorous oversight of its contracted providers and evaluating service delivery effectiveness. EXHIBIT 2 City Council 8 – 97 5/20/2025 Orange County WDBs PY 2025-28 Unified Local Plan 33 | Page V. STAKEHOLDER INPUT AND CONSIDERATIONS FOR PY 2025-2028 The development of the Local Plan was guided by an inclusive and collaborative approach, ensuring that key workforce stakeholders and community representatives had meaningful opportunities to provide input. The Santa Ana, Anaheim, and Orange County Workforce Development Boards engaged diverse partners, including residents, employers, labor organizations, education providers, human services agencies, and community-based organizations (CBOs) that serve populations with barriers to employment. To ensure broad participation, the local boards hosted eight stakeholder meetings, four in-person and four online. These meetings provided a platform for direct engagement with workforce system partners, job seekers, and employers, facilitating discussions on workforce challenges, service delivery improvements, and strategies for expanding equitable access to employment and training opportunities. Additionally, an online form was made available for individuals and organizations unable to attend the meetings, ensuring that all interested parties had a chance to contribute their insights. Throughout the stakeholder engagement process, input was sought from organizations and representatives serving key workforce populations, including English language learners, justice-involved individuals, refugees, older adults, veterans, people with disabilities, and historically underserved communities such as BIPOC, Latinx, and LGBTQ+ individuals. Invitations were extended to organizations specializing in worker rights, worker centers, and advocacy groups to ensure diverse perspectives addressing systemic employment barriers were considered. The feedback collected from these engagement efforts has been instrumental in shaping the priorities and strategies outlined in the Local Plan. By fostering collaboration with a diverse array of stakeholders, the local boards remain committed to a person-centered approach that aligns workforce investments with the needs of both job seekers and employers while ensuring equitable access to resources and opportunities across the region. The stakeholder meetings identified key priorities for improving workforce services, emphasizing referral processes, training, outreach, service delivery, collaboration, and targeted support for specific populations. Referral System Improvements: There is a need to streamline and standardize referral processes across workforce agencies. The current reliance on paper-based referrals and challenges using CalJOBS for tracking require exploring alternative digital solutions such as a unified referral form or Microsoft Forms. Additionally, enhancing two-way referrals between AJCCs and partners and addressing barriers to CalJOBS account creation were noted as areas for improvement. EXHIBIT 2 City Council 8 – 98 5/20/2025 Orange County WDBs PY 2025-28 Unified Local Plan 34 | Page Training and Cross-Training: Stakeholders highlighted the importance of ongoing training for frontline staff on WIOA programs, eligibility criteria, and available services. This includes cross-training between workforce agencies, social service providers, and child support services and developing easy-to-use talking points and information guides for staff to improve client interactions. Outreach and Engagement: Efforts to increase awareness of workforce services were a recurring theme, focusing on targeted outreach to low-income workers, gig economy workers, veterans, justice- involved individuals, and English language learners. Expanding collaborations with community-based organizations, libraries, and non-profits was seen as essential for improving access. Additionally, there is a need for more culturally inclusive and accessible service information, potentially through a centralized resource hub or video content. Enhancing Service Delivery: Expanding access to workforce programs through extended service hours, off-hour resources, and digital tools was identified as a priority. Stakeholders also emphasized the importance of increasing paid apprenticeships and internships, providing transportation assistance, and enhancing career exploration services. Key recommendations were also supported for underemployed individuals, gig workers, and seniors, including digital literacy training and career advancement pathways. Stronger Collaboration & Communication: To foster a more coordinated workforce system, stakeholders called for regular meetings between workforce boards, industry leaders, and education partners to strengthen alignment with employer needs. Other recommendations included creating a shared leadership model, improving employer engagement strategies, and designating liaison staff to ensure effective service handoffs between agencies. Addressing Specific Population Needs: Stakeholders identified English language learners, veterans, justice-involved individuals, and individuals with disabilities as priority groups requiring customized workforce strategies. Expanding language accessibility, developing veteran transition resources, and enhancing re-entry services were among the key recommendations. Additionally, there is a recognized need to address staff shortages in roles such as job coaches and employment specialists to improve service delivery for individuals with disabilities. EXHIBIT 2 City Council 8 – 99 5/20/2025 Orange County WDBs PY 2025-28 Unified Local Plan 35 | Page VI. APPENDICES The following items are included as part of the Unified Local Plan. Attachment 1: Stakeholder and Community Engagement Summary Attachment 2: Public Comments Received that Disagree with the Local Plan Attachment 3: Signature Page EXHIBIT 2 City Council 8 – 100 5/20/2025 Orange County WDBs PY 2025-28 Unified Local Plan 36 | Page Attachment 1 A. Stakeholder and Community Engagement Summary (Attachment 1) The local boards hosted a series of discussions outlined in the table below to facilitate stakeholders' engagement in planning for the local workforce development delivery system and in the development of the PY 2025-2028 Local Plan. The insights and recommendations gathered from these discussions have been incorporated throughout the Regional and Unified Local Plan to inform strategies and initiatives. Mode of Outreach Target of Outreach Summary of Attendance Comments Email, phone, social media, local board websites, Eventbrite Community, Businesses, Chambers, Core Partners, Climate action partners 17 Registered and 13 attended Regional workforce development strategies that focused on identifying programs, services, and approaches aligned with community priorities and industry sector partnerships to address talent pipeline needs. Email, phone, social media, local board websites, Eventbrite English Language Learners 14 Registered and 12 attended Developing strategies to strengthen services to English language learners, foreign-born individuals, and refugees. Email, phone, social media, local board websites, Eventbrite Community, Businesses, Chambers, Core Partners 5 Registered and 5 attended Strengthening partnerships and coordination with industry leaders and workforce organizations to support the transition to a climate-neutral future, ensuring regional workforce partners meet evolving workforce needs. Email, phone, social media, local board websites, Eventbrite WIOA Core Program Partners 16 Registered and 11 attended Coordination with the WIOA core program partners operating as a unified system, assessing strategic needs and aligning them with service strategies to meet needs of workers and employers. Email, phone, social media, local board websites, Eventbrite Child Support Services Partners, Re- entry partners 16 Registered and 7 attended Strengthening partnerships and coordination with local child support agencies and partner community-based organizations to serve non-custodial parents. Email, phone, social media, local board websites, Eventbrite Competitive Integrated Employment Partners 17 Registered and 13 attended Improving services to individuals with disabilities through competitive integrated employment. EXHIBIT 2 City Council 8 – 101 5/20/2025 Orange County WDBs PY 2025-28 Unified Local Plan 37 | Page Mode of Outreach Target of Outreach Summary of Attendance Comments Email, phone, social media, local board websites, Eventbrite Veterans Serving Organizations 19 Registered and 10 attended Strengthening partnerships and coordination with Veterans Affairs and partner organizations to better serve veterans and connect them to essential resources and services. Email, social media, local board websites, Eventbrite CalFresh Employment and Training Partners 18 Registered and 13 attended Strengthening partnerships and coordination with county health, human service agencies, and other local CalFresh employment and training partners to serve CalFresh consumers. EXHIBIT 2 City Council 8 – 102 5/20/2025 Orange County WDBs PY 2025-28 Unified Local Plan 38 | Page Attachment 2 B. Public Comments Received that Disagree with the PY 25-27 Unified Local Plan.(Attachment 2) The Anaheim, Santa Ana, and Orange County Unified Local Plan was posted online for a 30-day public comment period. There were no public comments received that disagreed with the unified local plan. EXHIBIT 2 City Council 8 – 103 5/20/2025 Orange County WDBs PY 2025-28 Unified Local Plan 39 | Page Attachment 3 C.SIGNATURE PAGE (Attachment 3) UNIFIED LOCAL PLAN The Unified Local Plan represents Anaheim, Orange County, and Santa Ana’s Workforce Development Boards' efforts to maximize and coordinate resources available under Title I of the Workforce Innovation and Opportunity Act. This Unified Local Plan is submitted for the period July 1, 2025, through June 30, 2028, in accordance with the provisions of WIOA. LOCAL BOARD CHAIRS LOCAL ELECTED OFFICIALS ORANGE COUNTY WORKFORCE DEVELOPMENT BOARD COUNTY OF ORANGE BOARD OF SUPERVISORS Signature Anna Lisa Lukes Signature Doug Chaffee Name Name Chair, Orange County Workforce Development Board Chair, Orange County Board of Supervisors Title Title Date Date ANAHEIM WORKFORCE DEVELOPMENT BOARD CITY OF ANAHEIM COUNCIL Signature Signature Joseph Paquette Ashleigh Aitken Name Name Chair, Anaheim Workforce Development Board Mayor, City of Anaheim Title Title Date Date SANTA ANA WORKFORCE DEVELOPMENT BOARD CITY OF SANTA ANA COUNCIL Signature Signature Daisy Campos Valerie Amezcua Name Name Chair, Santa Ana Workforce Development Board Mayor, City of Santa Ana Title Title Date Date EXHIBIT 2 City Council 8 – 104 5/20/2025 Community Development Agency www.santa-ana.org/cd Item # 9 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report May 20, 2025 TOPIC: Approve Submission of Application for Local Area Subsequent Designation and Local Board Recertification for Program Year 2025-2027 as Regulated by the Federal WIOA Grant AGENDA TITLE Local Area Subsequent Designation and Local Board Recertification Program Year (PY) 2025-2027 RECOMMENDED ACTION Authorize the submission of the application for Subsequent Local Area Designation and Local Board Recertification for PY 2025-2027. GOVERNMENT CODE §84308 APPLIES: No BACKGROUND AND DISCUSSION On January 16, 2025, the California Employment Development Department released Directive WSD24-10-14, establishing procedures for the subsequent designation of Local Workforce Development Areas and recertification of Local Workforce Development Boards (WDBs) under the Workforce Innovation and Opportunity Act (WIOA). This designation and recertification process, conducted every two years, ensures that local areas remain eligible to receive federal WIOA funds to support workforce development services. The City of Santa Ana is a designated Local Workforce Development Area and serves as the administrative and fiscal agent for WIOA funds. The Santa Ana Workforce Development Board (WDB) oversees the planning, coordination, and accountability of workforce services delivered through the Santa Ana WORK Center. To comply with the state directive and maintain eligibility for continued WIOA funding, the City must submit a completed Subsequent Designation and Local Board Recertification Request. The Workforce Development Board is a federally mandated body required by WIOA Section 107, which serves as the local oversight and policy-making authority for the workforce development system. The WDB is composed of representatives from City Council 9 – 1 5/20/2025 Local Area Subsequent Designation and Local Board Recertification PY 2025-2027 May 20, 2025 Page 2 5 0 2 8 business, education, labor, economic development, and community-based organizations. Its primary functions include: •Developing and implementing the local WIOA workforce plan •Overseeing the delivery of employment and training services •Aligning workforce strategies with regional economic priorities •Ensuring accountability in the use of WIOA funds •Forming partnerships with employers and educational institutions to meet labor market needs A certified and functioning WDB is essential for the City to continue receiving federal WIOA funding. Without a recertified board and subsequent designation as a Local Workforce Development Area, the City would: •Lose eligibility for WIOA funds, jeopardizing millions in federal dollars allocated for youth, adult, and dislocated worker programs •Interrupt workforce service delivery to job seekers, youth, and local employers •Disqualify the City from leading regional workforce partnerships and initiatives •Fall out of compliance with state and federal law, resulting in potential administrative penalties and reallocation of funds to other jurisdictions The Santa Ana WDB currently meets or exceeds all state requirements for recertification, including membership composition, performance accountability, and fiscal integrity (see Exhibit 1). Approval of this item ensures that the City remains in good standing with the State Workforce Development Board and can continue to deliver vital workforce programs that connect residents with employment, training, and economic opportunity. On March 20, 2025, during its regularly scheduled meeting, the Santa Ana Workforce Development Board voted 14:0 with members Hubbard, Korthuis, Lopez, Perez, and Ruiz absent, to recommend that the City Council approve the proposed action. FISCAL IMPACT There is no fiscal impact associated with this action. EXHIBIT(S) 1. Subsequent Designation and Local Board Recertification Application PY 2025- 2027 Submitted By: Michael L. Garcia, Executive Director of Community Development Approved By: Alvaro Nuñez, City Manager City Council 9 – 2 5/20/2025 Local Area Subsequent Designation and Local Board Recertification Application for Program Year 2025-27 Local Workforce Development Area Santa Ana Page 1 of 11 EXHIBIT 1 City Council 9 – 3 5/20/2025 Application for Local Area Subsequent Designation and Local Board Recertification This application will serve as your request for Local Workforce Development Area (Local Area) subsequent designation and Local Workforce Development Board (Local Board) recertification for Program Year (PY) 2025-27 under the Workforce Innovation and Opportunity Act (WIOA). If the California Workforce Development Board (CWDB) determines the application is incomplete, it will either be returned or held until the necessary documentation is submitted. Contact your Regional Advisor for technical assistance or questions related to completing and submitting this application. Completed applications must be submitted to the CWDB at PolicyUnit@cwdb.ca.gov by 5 p.m. on Monday, April 7, 2025. Santa Ana Name of Local Area 801 W. Civic Center Drive, Suite 200 Mailing Address Santa Ana, CA 92701 City, State, ZIP April 7, 2025 Date of Submission Deborah Sanchez Contact Person 714-565-2621 Contact Person's Phone Number Page 2 of 11 EXHIBIT 1 City Council 9 – 4 5/20/2025 Local Board Membership The WIOA Section 107(b}(2}(A) through (E) states the requirements for nominating and selecting Local Board members: 1.Provide the names of the individuals appointed for each membership category listed below. 2.Attach a roster for the current Local Board. Category: Business -WIOA Section 107(b}(2}(A) requires that business members constitute a simple majority of the Local Board, and WIOA Section 107(b}(3) states that the chairperson shall also be a member under this category. Specifically, a majority of the Local Board's business members shall constitute the following representatives under this membership category: •Owners of businesses, chief executives or operating officers of businesses, or other business executives or employers with optimum policymaking or hiring authority. •Representatives of businesses, including small businesses or business organizations. •Individuals appointed by those who have been nominated by local business organizations and business trade associations. List the Local Board's business members and identify the chairperson by typing CHAIR after their name: Page 3 of 11 EXHIBIT 1 City Council 9 – 5 5/20/2025 Local Board Business Members Name Title Entity Appointment Term End Date Date Daisy Campos Owner Campos Consulting 6/21/22 5/31/26 CHAIR Corporation Dave Elliott Founder/CEO Dave Elliott & 5/21/24 5/31/28 Vice-Chair Associates Marjorie President Moote Group 5/21/24 5/31/28 Knitter Patrick Owner Sir Speedy Printing 5/21/24 5/31/28 Korthuis Jack Haley Principal/Sr. VP Lee & Associates 6/21/22 5/31/26 Johanna Rivera HR Resource Polly's Inc. 8/15/23 5/31/27 Diractor Rhonda Miller Director of Better Business 8/15/23 5/31/26 Business Bureau Engagement Mat Garcia Head of OverAir 1/16/24 5/31/26 Business Operations Natasha Chief of Human AltaMed 5/21/24 5/31/28 Milatovich Resources Officer Cory Sams General MainPlace Mall 5/21/24 5/31/28 Manager Marco Corona Talent GKN Aerospace 06/03/25 -City Acquisition Council agenda Manager for appointment to WDB. Michael Market Republic Services 06/03/25 -City Johnson Manager Council agenda for appointment to WDB Vacant Category: Workforce -Not less than 20 percent of the Local Board members shall be representatives from the Local Area's workforce (WIOA 107[b][2][B]) who: •Shall include representatives of labor organizations (for a Local Area in which employees are represented by labor organizations) who have been nominated by local labor federations or (for a Local Area in which no employees are represented by such organizations) other representatives of employees. California Unemployment Insurance Code (CUIC) Section 14202(b)(l) further requires and specifies that these Page 4 of 11 EXHIBIT 1 City Council 9 – 6 5/20/2025 representatives shall amount to not less than 15 percent of the Local Board membership and be subject to the following: a.For a Local Area in which no employees are represented by such organizations, other representatives of employees shall be appointed to the board, but any Local Board that appoints representatives of employees that are not nominated by local labor federations shall demonstrate that no employees are represented by such organizations in the area. b.Shall include a representative, who shall be a member of a labor organization or a training director from a joint labor-management apprenticeship program, or if no such program exists in the area, such a representative of a state-approved apprenticeship program in the area, if such a program exists. •May include representatives of community-based organizations that have demonstrated experience and expertise in addressing the employment needs of individuals with barriers to employment, including organizations that serve veterans or that provide or support competitive integrated employment for individuals with disabilities. •May include representatives of organizations that have demonstrated experience and expertise in addressing the employment, training, or education needs of eligible youth, including representatives of organizations that serve out-of-school youth. List the Local Board's workforce members: Local Board Labor Members Name Title Entity Appointment Term End Date Date Brent Beasley Business Manager Roofers & Water 6/21/22 5/31/26 Proofers Local 220 Maria Rosa Organizer UFCW Local 324 6/21/22 5/31/26 Lopez Robert Ruiz Secretary/Treasurer Laborers Local 652 6/21/22 5/31/26 Robert Tucker Ret. Vice Chair CA School 8/15/23 5/31/27 Employees Association Category: Education -WIOA Section 107[b][2][C] requires that each Local Board include members who represent entities that administer education and training activities in the Local Area. Specifically, the Local Board shall have education representatives under this membership category from the following entities: •Eligible Title II adult education and literacy providers •Institutions of higher education providing workforce investment activities Page 5 of 11 EXHIBIT 1 City Council 9 – 7 5/20/2025 Members may be representatives from local educational agencies and community-based organizations with demonstrated experience and expertise in addressing the education or training needs of individuals with barriers to employment. List the Local Board's education members: Local Board Education Members Name Title Entity Appointment Term End Date Date Dr. Vaniethia VP Student Santa Ana College 5/21/24 5/31/27 Hubbard Affairs Enrique Perez, Vice Chancellor Rancho Santiago 8/15/23 5/31/27 JD Community College Category: Economic and Community Development -WIOA Sections 107[b][2][D] and [El require each Local Board to include governmental, economic, and community development representatives under this membership category from the following entities: •Economic and community development organizations •The state's employment service office under the Wagner-Peyser Act •Programs carried out under Title I of the federal Rehabilitation Act A Local Board may have representatives from transportation, housing, and/or public assistance agencies; philanthropic organizations; and/or an individual or representatives of entities determined to be appropriate by the local Chief Elected Official (CEO). List the Local Board's economic and community development members: Local Board Economic and Community Development Members Name Title Entity Appointment Term End Date Date Dennis Varnum SA Cluster EDD 8/15/23 5/31/27 Manager Patty Tsu-Lui District Dept. of 5/07/24 5/31/27 Administrator Rehabilitation Gail Araujo Family Self Social Services 8/15/23 5/31/27 Sufficiency Agency Director David Elliott President, SA Economic 5/21/24 5/31/28 Chamber of Development Commerce Page 6 of 11 EXHIBIT 1 City Council 9 – 8 5/20/2025 06/21/22 Performed Successfully The Local Area hereby certifies that it has performed successfully, defined as having an Individual Indicator Score of 50 percent or higher in PY 22-23 or PY 23-24, as described in Workforce Services Directive WSD20-02, Calculating Local Area Performance and Nonperformance (September 18, 2020). Note-Report your "performance score" rather than the "adjusted level of performance." PY 22-23 Scores Indicator Employment Rate 2 nd Quarter After Exit Employment Rate 4th Quarter After Exit Median Earnings Credential Attainment PY 23-24 Scores Indicator Employment Rate 2 nd Quarter After Exit Employment Rate 4th Quarter After Exit Median Earnings Adults Dislocated Workers 71.4% 62.1% 75.0% 73.8% S81601 s111921 64.3% 52.8% Adults Dislocated Workers % %---- % %---- % % ---- Page 7 of 11 Youth 68.9% 62.3% S3!849 59.3% Youth Overall Indicator Score --% ___ % --% __ % % ---- , ... EXHIBIT 1 City Council 9 – 9 5/20/2025 Indicator Adults Dislocated Youth Overall Workers Indicator Score Credential Attainment --% --% --% __ % Measurable Skills Gain % % % %-------- Overall Program Score __ % % __ % ----- Sustained Fiscal Integrity The Local Area hereby certifies that it has not been found in violation of one or more of the following during PY 22-23 or PY 23-24: •Final determination of significant finding(s) from audits, evaluations, or other reviews conducted by state or local governmental agencies or the Department of Labor identifying issues of fiscal integrity or misexpended funds due to the willful disregard or failure to comply with any WIOA requirement. •Gross negligence -defined as a conscious and voluntary disregard of the need to use reasonable care, which is likely to cause foreseeable grave injury or harm to persons, property, or both. •Failure to observe accepted standards of administration -Local Areas must have adhered to the applicable uniform administrative requirements set forth in Title 2 Code of Federal Regulations (CFR) Part 200 (Uniform Guidance). Certify No Violation: IZI Engaged in Regional Planning Engaged in regional planning is defined as participating in and contributing to regional planning, regional plan implementation, and regional performance negotiations. The Local Area hereby certifies that it has participated in and contributed to regional planning and negotiating regional performance measures in the following ways: 1.Joint completion of the Orange Regional plan including collaboration on the Unified Local Plan for Santa Ana, Anaheim and County of Orange. 2.Participation in regular regional leadership meetings (bi-monthly). Page 8 of 11 EXHIBIT 1 City Council 9 – 10 5/20/2025 3.Among the three (3) Local Workforce Areas, consolidated ETPL management and training provider monitoring through a single contract with I-Train. 4.Regionally shared availability of virtual job fair/recruitment platform. 5.Among the three (3) Local Workforce Areas coordinated RR activities and services for businesses with multiple locations in the region. 6.Regularly discussed operations/services at the three Local Workforce Area's AJCC's. Adjusted training vouchers to eliminate client "shopping" for services, and shared policies and best practices. 7.Coordinated preparation of proposal and implementation of the region's second Prison to Employment Grant. 8.Collaborated with the region's community colleges in preparation of and implementation of the RERP grant. 9.Working with our Regional Organizer and region WDB's to plan an annual Workforce event highlighting the four primary industry sectors. Local Area Assurances Through PY 25-27, the Local Area assures: A.It will comply with the applicable uniform administrative requirements, cost principles, and audit requirements (WIOA Section 184[a][2] and [3]). Highlights of this assurance include the following: •The Local Area's procurement procedures will avoid the acquisition of unnecessary or duplicative items, software, and subscriptions (in alignment with Uniform Guidance Section 200.318) •The Local Area will maintain and provide accounting and program records, including supporting source documentation, to auditors at all levels, as permitted by law (Uniform Guidance Section 200.508). Note that failure to comply with the audit requirements specified in Uniform Guidance Subpart F will subject the Local Area to a potential cash hold (Uniform Guidance Section 200.339). B.All financial reporting will be done in compliance with federal and state regulations and guidance. Highlights of this assurance include the following: •Reporting will be done in compliance with WSD 19-05, Monthly and Quarterly Financial Reporting Requirements (December 4, 2019). Page 9 of 11 EXHIBIT 1 City Council 9 – 11 5/20/2025 •All close-out reports will comply with the policies and procedures listed in WSD16-05, WIOA Closeout Requirements (July 29, 2016}. Note that failure to comply with financial reporting requirements will subject the Local Area to a potential cash hold. (Uniform Guidance Section 200.339) C.Funds will be spent in accordance with federal and state laws, regulations, and guidance. Highlights of this assurance include the following: •The Local Area will meet the requirements of the CUJC Section 14211 to spend a minimum of 30 percent of the combined total of WIOA Title I adult and dislocated worker formula fund allocations on training services. •The Local Area will not use funds to assist, promote, or deter union organizing (WIOA Section 181[b][7]). D.The Local Area will select America's Job Center of California5M operator(s) through a competitive procurement process, such as a Request for Proposals, unless designated or certified as an operator with the agreement of the local CEO and the Governor (WIOA Section 121[d][2][A] and 107[g][2]). E.The Local Area will collect, enter, and maintain data related to participant enrollment, activities, and performance necessary to meet all CalJOBS5M reporting requirements and deadlines. F.The Local Area will comply with the nondiscrimination provisions of WIOA Section 188 and Title 29 CFR Part 38, including the collection of necessary data. G.The Local Area will engage in and contribute to regional planning and regional plan implementation (for example, the Local Area has participated in regional planning meetings and regional plan implementation efforts, and the Local Board and local CEO have reviewed and approved the regional plan and two-year modifications). H.The Local Area will participate in regional performance negotiations. I.The Local Area will comply with CWDB policies and guidelines, legislative mandates, and/or other special provisions as may be required under federal law or policy, including the WIOA or state legislation. J.Priority shall be given to veterans, recipients of public assistance, other low-income individuals, and individuals who are basic skills deficient for receipt of career and training services funded by WIOA Adult funding (WIOA Section 134[c][3][E] and Training and Employment Guidance Letter [TEGL] 10-09, and TEGL 19-16). Page 10 of 11 EXHIBIT 1 City Council 9 – 12 5/20/2025 Application Signature Page Instructions -The local CEO and Local Board Chair must sign and date this form. Electronic signatures are permitted for the PY 25-27 application. By signing the application below, the local CEO and Local Board Chair request subsequent designation of the Local Area and recertification of the Local Board. Additionally, they agree to abide by the Local Area assurances included in this application. Local Board Chair Daisy Campos Name Chair, Santa Ana Workforce Development Board Title March 20, 2025 Date Page 11 of 11 Local CEO Signature Valerie Amezcua Name Mayor, City of Santa Ana Title Date EXHIBIT 1 City Council 9 – 13 5/20/2025 Finance and Management Services www.santa-ana.org/finance Item # 10 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report May 20, 2025 TOPIC: Periodic Quarterly Report of Investments as of March 31, 2025 AGENDA TITLE Quarterly Report of Investments as of March 31, 2025 RECOMMENDED ACTION Receive and file. GOVERNMENT CODE §84308 APPLIES: No DISCUSSION In accordance with the City’s Statement of Investment Policy, the Finance Management Services Agency (FMSA) shall render to the City Council and City Manager an Investment Report (Report) containing detailed information on all cash and security investments of the City. The City Manager and City Council receive the reports on a monthly basis, within 45 days following month-end, in compliance with Government Code section 53646. Quarterly reports appear on regular City Council public meeting agendas for formal approval. Each month, staff performs an expenditure analysis to assure the City can meet its budgeted expenditures for the following six months. As of March 31, 2025, this analysis affirms that the City has adequate cash reserves necessary to meet its obligations for the next six months. All the information provided is in compliance with state law and the City of Santa Ana July 1, 2024 – June 30, 2025 Statement of Investment Policy. The Investment Report (Exhibit 1) attached accurately represents all pooled investments held for the City as of March 31, 2025. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT There is no fiscal impact associated with this action. City Council 10 – 1 5/20/2025 Quarterly Report of Investments May 20, 2025 Page 2 5 0 4 0 EXHIBIT(S) 1. Investment Report Submitted By: Alex Trinidad, Acting Executive Director of Finance and Management Services Agency Approved By: Alvaro Nuñez, City Manager City Council 10 – 2 5/20/2025 City of Santa Ana Monthly Investment Report March 31, 2025 EXHIBIT 1 City Council 10 – 3 5/20/2025 Your Portfolio Principal Cost LAIF/CLASS $71,936,986.31 Cash $18,160,315.10 BNY Custody Account $332,081,653.46 Total Portfolio $422,178,954.87 Restricted Cash $82,817,145.33 Your Portfolio Weighted Average Maturity 1.89 years Weighted Average Yield 2.94% Your Asset Allocation Your Maturity Distribution 90,097,301 96,246,641 104,206,250 32,979,762 33,033,522 65,615,478 21.34%22.80%24.68%7.81%7.83%15.54% - 20,000,000 40,000,000 60,000,000 80,000,000 100,000,000 120,000,000 Overnight Funds 0-1 year 1-2 years 2-3 years 3-4 years 4-5 years 42% 1%3%11% 8% 3% 5% 5% 17% 4%1%US Government Agencies Negotiable CDs US Treasuries Corporate Bonds Commercial Paper Municipal Bonds Mortgage Backed Securities Asset Backed Securities LAIF/CLASS Cash Money Market Fund Current Portfolio City of Santa Ana portfolio as of 3/31/2025 YIELD AND INTEREST INCOME INFORMATION IS ANNUALIZED. ALL YIELD INFORMATION IS SHOWN GROSS OF ANY ADVISORY AND CUSTODY FEES AND IS BASED ON YIELD TO MATURITY AT COST. PAST PERFORMANCE IS NOT A GUARANTEE OF FUTURE RESULTS. City Council 10 – 4 5/20/2025 MONTHLY RECONCILIATION WITH BNY Beginning Book Value 331,570,804.64 Contributions Withdrawals Realized Gains/Losses Purchased Interest (7,637.50) Gross Interest Earnings 518,486.32 Ending Book Value 332,081,653.46 PORTFOLIO CHARACTERISTICS Portfolio Yield to Maturity 2.80% Portfolio Effective Duration 1.72 yrs Weighted Average Maturity 2.13 yrs Weighted Average Life 1.78 yrs PROJECTED MONTHLY INCOME SCHEDULE SECTOR ALLOCATION MATURITY DISTRIBUTION CREDIT QUALITY Page 3 of 16 City of Santa Ana PORTFOLIO SUMMARY - PORTFOLIO HELD AT BNY As of March 31, 2025 City Council 10 – 5 5/20/2025 CUSIP Security Description Trade Date/ Settlement Date Par Value Principal Cost/ Purchased Interest Total Cost Yield at Cost Maturity/ Duration Market Price/ Market Value Unrealized Gain/ (Loss) % of Assets Moody's/ S&P Rating Cash and Cash Equivalents 00391CASH Local Agency Investment Fund- LAIFCITY 3/31/2025 3/31/2025 $65,015,343.51 $65,015,343.51 $65,015,343.51 4.31%0.003 0.003 $1.00 $65,015,343.51 $0.00 15.58% 00392CASH California CLASS 3/31/2025 3/31/2025 $2,129,785.66 $2,129,785.66 $2,129,785.66 4.41%0.003 0.003 $1.00 $2,129,785.66 $0.00 0.51% 00393CASH Local Agency Investment Fund- LAIF ARPA 3/31/2025 3/31/2025 $4,791,857.14 $4,791,857.14 $4,791,857.14 4.31%0.003 0.003 $1.00 $4,791,857.14 $0.00 1.15% 00394CASH City of Santa Ana- Petty Cash 3/31/2025 3/31/2025 $79,625.00 $79,625.00 $79,625.00 0.00%0.003 0.003 $1.00 $79,625.00 $0.00 0.02% 00396CASH JPMorgan Chase- WORKERS COMP 37983 3/31/2025 3/31/2025 $1,202,265.42 $1,202,265.42 $1,202,265.42 0.00%0.003 0.003 $1.00 $1,202,265.42 $0.00 0.29% 00397CASH JPMorgan Chase- GENERAL LIABILITY 38130 3/31/2025 3/31/2025 $2,155,200.26 $2,155,200.26 $2,155,200.26 0.00%0.003 0.003 $1.00 $2,155,200.26 $0.00 0.52% 00402CASH JPMorgan Chase- GENERAL 9500 3/31/2025 3/31/2025 $14,723,224.42 $14,723,224.42 $14,723,224.42 0.00%0.003 0.003 $1.00 $14,723,224.42 $0.00 3.53% X9USDDTP3 Dreyfus Treasury Money Market Fund 3/31/2025 3/31/2025 $873,152.00 $873,152.00 $873,152.00 4.13%0.003 0.003 $1.00 $873,152.00 $0.00 0.21% AAAm SubTotal $90,970,453.41 $90,970,453.41 $90,970,453.41 3.45%$90,970,453.41 $0.00 21.80% Agency Bond 3136G4G98 FNMA 0.560% 08/12/2025 8/12/2020 8/12/2020 $6,000,000.00 $6,000,000.00 $6,000,000.00 0.56%0.367 0.364 $98.56 $5,913,780.00 ($86,220.00)1.42%Aaa AA+ 3130ANPE4 FHLB 0.700% 08/26/2025 8/26/2021 8/26/2021 $6,000,000.00 $6,000,000.00 $6,000,000.00 0.70%0.405 0.403 $98.49 $5,909,580.00 ($90,420.00)1.42%Aaa AA+ 3134GWUE4 FMCC 0.500% 09/30/2025 9/30/2020 9/30/2020 $5,000,000.00 $5,000,000.00 $5,000,000.00 0.50%0.501 0.500 $98.05 $4,902,450.00 ($97,550.00)1.17%Aaa AA+ 3136G45Q2 FNMA 0.530% 10/28/2025 10/28/2020 10/28/2020 $6,000,000.00 $6,000,000.00 $6,000,000.00 0.53%0.578 0.574 $97.80 $5,867,700.00 ($132,300.00)1.41%Aaa AA+ 3134GXJL9 FMCC 0.500% 12/30/2025 12/30/2020 12/30/2020 $6,000,000.00 $6,000,000.00 $6,000,000.00 0.50%0.751 0.749 $97.19 $5,831,580.00 ($168,420.00)1.40%Aaa AA+ 3130AKN69 FHLB 0.500% 01/28/2026 1/28/2021 1/28/2021 $6,000,000.00 $6,000,000.00 $6,000,000.00 0.50%0.830 0.824 $96.92 $5,815,140.00 ($184,860.00)1.39%Aaa AA+ Page 4 of 16 City of Santa Ana POSITION STATEMENT As of March 31, 2025 City Council 10 – 6 5/20/2025 CUSIP Security Description Trade Date/ Settlement Date Par Value Principal Cost/ Purchased Interest Total Cost Yield at Cost Maturity/ Duration Market Price/ Market Value Unrealized Gain/ (Loss) % of Assets Moody's/ S&P Rating 3130ALBM5 FHLB 0.625% 02/24/2026 2/24/2021 2/24/2021 $5,000,000.00 $5,000,000.00 $5,000,000.00 0.63%0.904 0.896 $96.79 $4,839,250.00 ($160,750.00)1.16%Aaa AA+ 3130ALA53 FHLB 0.600% 02/25/2026 2/25/2021 2/25/2021 $5,000,000.00 $5,000,000.00 $5,000,000.00 0.60%0.907 0.898 $96.75 $4,837,650.00 ($162,350.00)1.16%Aaa AA+ 3133EMSU7 FFCB 0.800% 03/09/2026 3/9/2021 3/9/2021 $4,000,000.00 $4,000,000.00 $4,000,000.00 0.80%0.940 0.937 $96.73 $3,869,312.00 ($130,688.00)0.93%Aaa AA+ 3130AMYC0 FHLB 1.000% 03/30/2026 6/30/2021 6/30/2021 $6,000,000.00 $6,000,000.00 $6,000,000.00 1.00%0.997 0.997 $96.72 $5,803,260.00 ($196,740.00)1.39%Aaa AA+ 3130ALW67 FHLB 1.100% 04/22/2026 4/22/2021 4/22/2021 $5,000,000.00 $5,000,000.00 $5,000,000.00 1.10%1.060 1.050 $96.65 $4,832,400.00 ($167,600.00)1.16%Aaa AA+ 3130ANFG0 FHLB 0.875% 05/18/2026 8/18/2021 8/18/2021 $5,000,000.00 $5,000,000.00 $5,000,000.00 0.88%1.132 1.126 $96.21 $4,810,250.00 ($189,750.00)1.15%Aaa AA+ 3130AP3A1 FHLB 0.850% 06/29/2026 9/29/2021 9/29/2021 $5,000,000.00 $4,998,750.00 $4,998,750.00 0.86%1.247 1.240 $95.93 $4,796,700.00 ($202,050.00)1.15%Aaa AA+ 3130AMYU0 FHLB 1.050% 06/30/2026 6/30/2021 6/30/2021 $6,000,000.00 $6,000,000.00 $6,000,000.00 1.05%1.249 1.242 $96.17 $5,770,320.00 ($229,680.00)1.38%Aaa AA+ 3130ANFU9 FHLB 0.850% 07/29/2026 7/29/2021 7/29/2021 $5,000,000.00 $5,000,000.00 $5,000,000.00 0.85%1.329 1.321 $95.70 $4,784,950.00 ($215,050.00)1.15%Aaa AA+ 3133EM2C5 FFCB 0.710% 08/10/2026 8/10/2021 8/10/2021 $6,000,000.00 $6,000,000.00 $6,000,000.00 0.71%1.362 1.353 $95.38 $5,722,620.00 ($277,380.00)1.37%Aaa AA+ 3130ANQ78 FHLB 0.900% 08/27/2026 8/27/2021 8/27/2021 $6,000,000.00 $6,000,000.00 $6,000,000.00 0.90%1.408 1.399 $95.59 $5,735,664.00 ($264,336.00)1.37%Aaa AA+ 3130AP3E3 FHLB 0.820% 09/30/2026 9/30/2021 9/30/2021 $5,000,000.00 $5,000,000.00 $5,000,000.00 0.82%1.501 1.494 $95.05 $4,752,300.00 ($247,700.00)1.14%Aaa AA+ 3130APB79 FHLB 1.000% 09/30/2026 9/30/2021 9/30/2021 $5,000,000.00 $5,000,000.00 $5,000,000.00 1.00%1.501 1.492 $95.38 $4,769,150.00 ($230,850.00)1.14%Aaa AA+ 3130APB46 FHLB 0.950% 10/13/2026 10/13/2021 10/13/2021 $10,000,000.00 $10,000,000.00 $10,000,000.00 0.95%1.537 1.519 $95.20 $9,519,700.00 ($480,300.00)2.28%Aaa AA+ 3130APQB4 FHLB 1.500% 11/23/2026 11/23/2021 11/23/2021 $5,000,000.00 $5,000,000.00 $5,000,000.00 1.50%1.649 1.622 $95.82 $4,791,150.00 ($208,850.00)1.15%Aaa AA+ 3130APVC6 FHLB 1.375% 12/01/2026 12/14/2021 12/14/2021 $5,000,000.00 $4,997,500.00 $4,997,500.00 1.40%1.671 1.646 $95.55 $4,777,250.00 ($220,250.00)1.14%Aaa AA+ 3130AQAB9 FHLB 1.625% 12/30/2026 12/30/2021 12/30/2021 $3,750,000.00 $3,750,000.00 $3,750,000.00 1.63%1.751 1.725 $95.71 $3,588,937.50 ($161,062.50)0.86%Aaa AA+ 3130AQLQ4 FHLB 1.650% 01/27/2027 1/27/2022 1/27/2022 $5,000,000.00 $5,000,000.00 $5,000,000.00 1.65%1.827 1.797 $95.65 $4,782,500.00 ($217,500.00)1.15%Aaa AA+ Page 5 of 16 City of Santa Ana POSITION STATEMENT As of March 31, 2025 City Council 10 – 7 5/20/2025 CUSIP Security Description Trade Date/ Settlement Date Par Value Principal Cost/ Purchased Interest Total Cost Yield at Cost Maturity/ Duration Market Price/ Market Value Unrealized Gain/ (Loss) % of Assets Moody's/ S&P Rating 3130AQNR0 FHLB 1.750% 01/27/2027 1/27/2022 1/27/2022 $3,000,000.00 $3,000,000.00 $3,000,000.00 1.75%1.827 1.796 $95.73 $2,871,930.00 ($128,070.00)0.69%Aaa AA+ 3130AQKM4 FHLB 1.750% 01/28/2027 1/28/2022 1/28/2022 $1,500,000.00 $1,500,000.00 $1,500,000.00 1.75%1.830 1.798 $95.65 $1,434,705.00 ($65,295.00)0.34%Aaa AA+ 3130AQSA2 FHLB 1.830% 02/10/2027 2/10/2022 2/10/2022 $5,000,000.00 $5,000,000.00 $5,000,000.00 1.83%1.866 1.831 $95.71 $4,785,500.00 ($214,500.00)1.15%Aaa AA+ 3133ENPB0 FFCB 2.180% 02/16/2027 2/16/2022 2/16/2022 $3,500,000.00 $3,500,000.00 $3,500,000.00 2.18%1.882 1.842 $96.39 $3,373,580.00 ($126,420.00)0.81%Aaa AA+ 3130AQW33 FHLB 2.020% 02/24/2027 2/24/2022 2/24/2022 $5,000,000.00 $5,000,000.00 $5,000,000.00 2.02%1.904 1.867 $95.97 $4,798,250.00 ($201,750.00)1.15%Aaa AA+ 3130AQYA5 FHLB 2.250% 02/24/2027 2/28/2022 2/28/2022 $1,500,000.00 $1,500,000.00 $1,500,000.00 2.25%1.904 1.863 $96.52 $1,447,758.00 ($52,242.00)0.35%Aaa AA+ 3130ARC82 FHLB 2.100% 03/29/2027 3/29/2022 3/29/2022 $3,000,000.00 $3,000,000.00 $3,000,000.00 2.10%1.995 1.963 $96.25 $2,887,530.00 ($112,470.00)0.69%Aaa AA+ 3133ENUH1 FFCB 3.330% 04/12/2027 4/12/2022 4/12/2022 $2,000,000.00 $2,000,000.00 $2,000,000.00 3.33%2.033 1.949 $98.42 $1,968,460.00 ($31,540.00)0.47%Aaa AA+ 3133ENVV9 FFCB 3.630% 05/03/2027 5/3/2022 5/3/2022 $3,000,000.00 $3,000,000.00 $3,000,000.00 3.63%2.090 2.001 $98.88 $2,966,400.00 ($33,600.00)0.71%Aaa AA+ 3130AFFX0 FHLB 3.250% 11/16/2028 1/26/2024 1/26/2024 $1,000,000.00 $969,118.00 $969,118.00 3.96%3.633 3.405 $97.69 $976,870.00 $7,752.00 0.23%Aaa AA+ 3133EPW84 FFCB 3.875% 01/18/29 1/26/2024 1/26/2024 $1,000,000.00 $992,169.00 $992,169.00 4.05%3.805 3.540 $99.38 $993,785.00 $1,616.00 0.24%Aaa AA+ 3133ENUR9 FFCB 3.700% 04/18/2029 7/25/2024 7/26/2024 $5,725,000.00 $5,556,742.25 $5,556,742.25 4.39%4.052 3.729 $97.63 $5,589,203.00 $32,460.75 1.34%Aaa AA+ 3130B1BC0 FHLB 4.625% 06/08/2029 7/22/2024 7/23/2024 $2,950,000.00 $3,001,300.50 $3,001,300.50 4.22%4.192 3.805 $102.19 $3,014,457.50 $13,157.00 0.72%Aaa AA+ SubTotal $169,925,000.00 $169,765,579.75 $169,765,579.75 1.32%$164,132,022.00 ($5,633,557.75)39.34% Asset-backed Security 437918AC9 Honda Auto Receivables 2024-1 Owner Trust 5.210% 08/15/2028 11/4/2024 11/5/2024 $6,535,000.00 $6,609,795.12 $6,609,795.12 4.55%3.378 1.420 $100.95 $6,596,964.87 ($12,830.25)1.58%Aaa AAA 14041NGE5 Capital One Multi- Asset Execution Trust 3.920% 09/17/2029 11/12/2024 11/13/2024 $5,000,000.00 $4,911,718.75 $4,911,718.75 4.63%4.468 0.421 $99.29 $4,964,610.00 $52,891.25 1.19% AAA Page 6 of 16 City of Santa Ana POSITION STATEMENT As of March 31, 2025 City Council 10 – 8 5/20/2025 CUSIP Security Description Trade Date/ Settlement Date Par Value Principal Cost/ Purchased Interest Total Cost Yield at Cost Maturity/ Duration Market Price/ Market Value Unrealized Gain/ (Loss) % of Assets Moody's/ S&P Rating 43814VAC1 HONDA AUTO RECEIVABLES 2025-1 A-3 20290921 4.57000 2/4/2025 2/11/2025 $2,000,000.00 $1,999,938.40 $1,999,938.40 4.62%4.479 1.633 $100.44 $2,008,752.00 $8,813.60 0.48% AAA 096924AD7 BMW Vehicle Owner Trust 2025-A 4.560% 09/25/2029 2/4/2025 2/12/2025 $4,350,000.00 $4,349,571.52 $4,349,571.52 4.61%4.490 1.654 $100.38 $4,366,669.20 $17,097.68 1.05%Aaa AAA 02582JKM1 American Express Credit Account Master Trust 4.560% 12/17/2029 2/4/2025 2/11/2025 $4,000,000.00 $3,999,111.60 $3,999,111.60 4.61%4.718 2.025 $100.93 $4,037,068.00 $37,956.40 0.97% AAA SubTotal $21,885,000.00 $21,870,135.39 $21,870,135.39 4.60%$21,974,064.07 $103,928.68 5.27% Commercial Paper 09659BRH5 BNP Paribas 04/17/2025 7/23/2024 7/23/2024 $11,105,000.00 $10,689,167.11 $10,689,167.11 5.23%0.047 0.047 $99.73 $11,075,516.23 $386,349.12 2.65%P-1 A-1 62479LSK2 MUFG Bank, Ltd. 05/19/2025 1/30/2025 1/30/2025 $7,000,000.00 $6,907,380.28 $6,907,380.28 4.43%0.134 0.136 $99.38 $6,956,439.00 $49,058.72 1.67%P-1 A-1 22533TTW6 Credit Agricole Corporate and Investment Bank 06/30/2025 1/30/2025 1/30/2025 $10,055,000.00 $9,873,225.15 $9,873,225.15 4.39%0.249 0.253 $98.88 $9,942,303.56 $69,078.41 2.38%P-1 A-1 4497W0UB2 ING (U.S.) Funding LLC 07/11/2025 1/7/2025 1/8/2025 $6,050,000.00 $5,916,416.00 $5,916,416.00 4.42%0.279 0.283 $98.75 $5,974,417.35 $58,001.35 1.43%P-1 A-1 SubTotal $34,210,000.00 $33,386,188.54 $33,386,188.54 4.68%$33,948,676.14 $562,487.60 8.14% Corporate Bond 24422EXV6 John Deere Capital Corporation 4.200% 07/15/2027 9/3/2024 9/6/2024 $6,000,000.00 $6,006,960.00 $6,006,960.00 4.16%2.290 2.188 $99.98 $5,998,500.00 ($8,460.00)1.44%A1 A 48128GU99 JPMorgan Chase & Co. 1.250% 07/31/2027 10/2/2024 10/3/2024 $4,500,000.00 $4,119,300.00 $4,119,300.00 4.47%2.334 2.301 $91.82 $4,131,900.00 $12,600.00 0.99%A1 A 478160DH4 Johnson & Johnson 4.550% 03/01/2028 2/18/2025 2/20/2025 $5,000,000.00 $5,000,200.00 $5,000,200.00 4.55%2.921 2.753 $101.03 $5,051,700.00 $51,500.00 1.21%Aaa AAA 931142FB4 Walmart Inc. 3.900% 04/15/2028 9/17/2024 9/18/2024 $5,625,000.00 $5,673,262.50 $5,673,262.50 3.64%3.044 2.844 $99.54 $5,599,125.00 ($74,137.50)1.34%Aa2 AA Page 7 of 16 City of Santa Ana POSITION STATEMENT As of March 31, 2025 City Council 10 – 9 5/20/2025 CUSIP Security Description Trade Date/ Settlement Date Par Value Principal Cost/ Purchased Interest Total Cost Yield at Cost Maturity/ Duration Market Price/ Market Value Unrealized Gain/ (Loss) % of Assets Moody's/ S&P Rating 89236TMF9 Toyota Motor Credit Corporation 5.050% 05/16/2029 7/24/2024 7/25/2024 $4,000,000.00 $4,058,560.00 $4,058,560.00 4.71%4.129 3.711 $101.74 $4,069,400.00 $10,840.00 0.98%A1 A+ 713448FX1 PepsiCo, Inc. 4.500% 07/17/2029 7/22/2024 7/23/2024 $3,000,000.00 $2,993,100.00 $2,993,100.00 4.55%4.299 3.920 $100.86 $3,025,890.00 $32,790.00 0.73%A1 A+ 713448GB8 PepsiCo, Inc. 4.600% 02/07/2030 2/6/2025 2/7/2025 $3,000,000.00 $2,992,980.00 $2,992,980.00 4.65%4.860 4.375 $100.73 $3,021,780.00 $28,800.00 0.72%A1 A+ 478160DJ0 Johnson & Johnson 4.700% 03/01/2030 2/19/2025 3/3/2025 $4,500,000.00 $4,507,695.00 $7,637.50 $4,515,332.50 4.66%4.921 4.430 $101.61 $4,572,360.00 $64,665.00 1.10%Aaa AAA SubTotal $35,625,000.00 $35,352,057.50 $7,637.50 $35,359,695.00 4.37%$35,470,655.00 $118,597.50 8.50% Corporate Note 06055JHN2 Bank of America Corporation 5.000% 12/06/2027 12/10/2024 12/11/2024 $10,000,000.00 $10,000,000.00 $10,000,000.00 5.00%2.685 2.503 $99.59 $9,958,900.00 ($41,100.00)2.39%A1 A- SubTotal $10,000,000.00 $10,000,000.00 $10,000,000.00 5.00%$9,958,900.00 ($41,100.00)2.39% Mortgage-backed Security (Commercial) 3132XFMR6 Federal Home Loan Mortgage Corporation 4.340% 08/01/2028 7/31/2024 8/5/2024 $5,500,000.00 $5,463,261.72 $5,463,261.72 4.57%3.340 1.772 $99.86 $5,492,437.50 $29,175.78 1.32%Aaa AA+ 3137HFF59 Federal Home Loan Mortgage Corporation 4.618% 07/25/2029 8/13/2024 8/22/2024 $2,400,000.00 $2,441,937.60 $2,441,937.60 4.19%4.321 2.451 $100.91 $2,421,777.60 ($20,160.00)0.58%Aaa AA+ 3140NWBC8 Federal National Mortgage Association, Inc. 4.080% 09/01/2029 10/7/2024 10/10/2024 $6,000,000.00 $5,941,406.25 $5,941,406.25 4.34%4.425 2.282 $98.81 $5,928,660.00 ($12,746.25)1.42%Aaa AA+ 3132XKWE3 Federal Home Loan Mortgage Corporation 4.000% 10/01/2029 1/24/2025 1/29/2025 $3,725,000.00 $3,608,593.75 $3,608,593.75 4.78%4.507 2.319 $98.31 $3,661,935.75 $53,342.00 0.88%Aaa AA+ 3137HJ5Y9 Federal Home Loan Mortgage Corporation 4.700% 11/25/2029 1/23/2025 1/30/2025 $2,000,000.00 $1,993,510.00 $1,993,510.00 4.74%4.658 2.367 $101.27 $2,025,388.00 $31,878.00 0.49%Aaa AA+ Page 8 of 16 City of Santa Ana POSITION STATEMENT As of March 31, 2025 City Council 10 – 10 5/20/2025 CUSIP Security Description Trade Date/ Settlement Date Par Value Principal Cost/ Purchased Interest Total Cost Yield at Cost Maturity/ Duration Market Price/ Market Value Unrealized Gain/ (Loss) % of Assets Moody's/ S&P Rating 3140NW7A7 Federal National Mortgage Association, Inc. 4.515% 12/01/2029 12/18/2024 12/27/2024 $3,000,000.00 $2,981,250.00 $2,981,250.00 4.70%4.674 2.408 $100.38 $3,011,262.00 $30,012.00 0.72%Aaa AA+ SubTotal $22,625,000.00 $22,429,959.32 $22,429,959.32 4.53%$22,541,460.85 $111,501.53 5.40% Municipal Bond 13063DC48 California, State of 1.700% 02/01/2028 7/25/2024 7/26/2024 $3,120,000.00 $2,853,302.40 $2,853,302.40 4.35%2.841 2.768 $93.40 $2,913,924.00 $60,621.60 0.70%Aa2 AA- 79773KPC2 San Francisco, City & County of 4.670% 06/15/2028 1/15/2025 1/30/2025 $1,335,000.00 $1,342,876.50 $1,342,876.50 4.48%3.211 2.977 $101.33 $1,352,766.18 $9,889.68 0.32%Aa1 AA+ 283062DS3 El Dorado Irrigation District Financing Corporation 2.055% 03/01/2029 7/30/2024 8/1/2024 $2,500,000.00 $2,260,300.00 $2,260,300.00 4.39%3.921 3.769 $91.53 $2,288,167.50 $27,867.50 0.55%Aa3 AA- 79773KPD0 San Francisco, City & County of 4.800% 06/15/2029 1/15/2025 1/30/2025 $4,015,000.00 $4,045,875.35 $4,045,875.35 4.60%4.211 3.811 $101.94 $4,092,782.60 $46,907.25 0.98%Aa1 AA+ 13063EGT7 California, State of 4.500% 08/01/2029 11/5/2024 11/6/2024 $4,075,000.00 $4,092,685.50 $4,092,685.50 4.40%4.340 3.959 $100.69 $4,103,223.45 $10,537.95 0.98%Aa2 AA- SubTotal $15,045,000.00 $14,595,039.75 $14,595,039.75 4.45%$14,750,863.73 $155,823.98 3.54% Negotiable Certificate of Deposit 88413QDE5 Third Federal Savings and Loan Association of Cleveland 0.800% 05/23/2025 11/24/2021 11/24/2021 $248,000.00 $248,000.00 $248,000.00 0.79%0.145 0.145 $99.49 $246,722.80 ($1,277.20)0.06% 32022EAU0 First Fed Bank 0.850% 08/29/2025 12/29/2021 12/29/2021 $248,000.00 $248,000.00 $248,000.00 0.84%0.414 0.413 $98.58 $244,478.40 ($3,521.60)0.06% 39573LCC0 Greenstate Credit Union 0.900% 11/24/2025 11/23/2021 11/23/2021 $248,000.00 $248,000.00 $248,000.00 0.89%0.652 0.650 $97.20 $241,055.50 ($6,944.50)0.06% Page 9 of 16 City of Santa Ana POSITION STATEMENT As of March 31, 2025 City Council 10 – 11 5/20/2025 CUSIP Security Description Trade Date/ Settlement Date Par Value Principal Cost/ Purchased Interest Total Cost Yield at Cost Maturity/ Duration Market Price/ Market Value Unrealized Gain/ (Loss) % of Assets Moody's/ S&P Rating 38149MR47 Goldman Sachs Bank USA Holdings LLC 1.000% 12/22/2025 12/22/2021 12/22/2021 $248,000.00 $248,000.00 $248,000.00 0.99%0.729 0.726 $96.99 $240,547.10 ($7,452.90)0.06% 06417NF73 Bank OZK 0.600% 05/12/2026 11/12/2021 11/12/2021 $248,000.00 $248,000.00 $248,000.00 0.60%1.115 1.111 $95.12 $235,901.07 ($12,098.93)0.06% 02568KAJ4 Luminate Bank 0.700% 05/27/2026 11/26/2021 11/26/2021 $248,000.00 $248,000.00 $248,000.00 0.69%1.156 1.152 $95.07 $235,774.10 ($12,225.90)0.06% 45776NEN2 Insbank 0.900% 06/19/2026 12/20/2021 12/20/2021 $248,000.00 $248,000.00 $248,000.00 0.89%1.219 1.212 $95.08 $235,798.15 ($12,201.85)0.06% 15721UET2 CFBank, National Association 0.850% 07/10/2026 11/10/2021 11/10/2021 $248,000.00 $248,000.00 $248,000.00 0.84%1.277 1.269 $94.81 $235,123.10 ($12,876.90)0.06% 292079AR1 Empire State Bank 0.900% 07/13/2026 11/12/2021 11/12/2021 $248,000.00 $248,000.00 $248,000.00 0.89%1.285 1.276 $94.97 $235,513.70 ($12,486.30)0.06% 549104ZS9 Luana Savings Bank 0.600% 11/05/2026 11/5/2021 11/5/2021 $248,000.00 $248,000.00 $248,000.00 0.59%1.600 1.591 $93.36 $231,525.36 ($16,474.64)0.06% 87165FD76 Synchrony Bank 1.100% 11/05/2026 11/5/2021 11/5/2021 $248,000.00 $248,000.00 $248,000.00 1.09%1.600 1.583 $94.13 $233,448.10 ($14,551.90)0.06% 59013KPN0 Merrick Bank Corporation 1.100% 11/09/2026 11/9/2021 11/9/2021 $248,000.00 $248,000.00 $248,000.00 1.09%1.611 1.596 $94.05 $233,248.71 ($14,751.29)0.06% 70962LAV4 Pentagon Federal Credit Union 1.000% 11/10/2026 11/10/2021 11/10/2021 $248,000.00 $248,000.00 $248,000.00 0.99%1.614 1.600 $93.88 $232,833.06 ($15,166.94)0.06% 89235MMB4 Toyota Financial Savings Bank 1.100% 11/12/2026 11/12/2021 11/12/2021 $248,000.00 $248,000.00 $248,000.00 1.09%1.619 1.602 $94.06 $233,267.56 ($14,732.44)0.06% 73319FBJ7 Poppy Business Merchant 0.800% 11/17/2026 11/17/2021 11/17/2021 $248,000.00 $248,000.00 $248,000.00 0.79%1.633 1.622 $93.50 $231,880.00 ($16,120.00)0.06% 30781JAW0 Farmers & Merchants Bank of Colby 0.850% 11/19/2026 11/19/2021 11/19/2021 $248,000.00 $248,000.00 $248,000.00 0.84%1.638 1.627 $93.56 $232,029.30 ($15,970.70)0.06% 856285YQ8 State Bank of India 1.150% 11/30/2026 11/29/2021 11/29/2021 $248,000.00 $248,000.00 $248,000.00 1.13%1.668 1.649 $95.41 $236,614.32 ($11,385.68)0.06% 58404DMQ1 Medallion Bank 1.250% 12/21/2026 12/20/2021 12/20/2021 $248,000.00 $248,000.00 $248,000.00 1.23%1.726 1.707 $93.94 $232,970.46 ($15,029.54)0.06% Page 10 of 16 City of Santa Ana POSITION STATEMENT As of March 31, 2025 City Council 10 – 12 5/20/2025 CUSIP Security Description Trade Date/ Settlement Date Par Value Principal Cost/ Purchased Interest Total Cost Yield at Cost Maturity/ Duration Market Price/ Market Value Unrealized Gain/ (Loss) % of Assets Moody's/ S&P Rating 02589ABT8 American Express National Bank 2.000% 03/16/2027 3/16/2022 3/16/2022 $248,000.00 $248,000.00 $248,000.00 1.97%1.959 1.929 $96.29 $238,794.24 ($9,205.76)0.06% 14042TEP8 Capital One Bank (Usa), National Association 2.000% 03/16/2027 3/16/2022 3/16/2022 $248,000.00 $248,000.00 $248,000.00 1.97%1.959 1.929 $96.29 $238,794.24 ($9,205.76)0.06% 07371AH22 XD Bank 2.250% 03/24/2027 3/30/2022 3/30/2022 $248,000.00 $248,000.00 $248,000.00 2.22%1.981 1.948 $96.73 $239,887.92 ($8,112.08)0.06% 07371CT25 Beal Bank USA 2.250% 03/24/2027 3/30/2022 3/30/2022 $248,000.00 $248,000.00 $248,000.00 2.22%1.981 1.947 $95.09 $235,832.38 ($12,167.62)0.06% 61768U3U9 Morgan Stanley Private Bank, National Association 2.250% 03/30/2027 3/31/2022 3/31/2022 $248,000.00 $248,000.00 $248,000.00 2.25%1.997 1.963 $95.10 $235,854.45 ($12,145.55)0.06% 61773TCX9 Morgan Stanley Bank, National Association 2.250% 03/30/2027 3/31/2022 3/31/2022 $248,000.00 $248,000.00 $248,000.00 2.25%1.997 1.963 $95.10 $235,854.45 ($12,145.55)0.06% SubTotal $5,952,000.00 $5,952,000.00 $5,952,000.00 1.21%$5,673,748.47 ($278,251.53)1.36% U.S. Government Bond 3133EMBH4 Federal Farm Credit Banks Funding Corporation 0.530% 09/29/2025 9/29/2020 9/29/2020 $5,000,000.00 $5,000,000.00 $5,000,000.00 0.53%0.499 0.487 $98.03 $4,901,550.00 ($98,450.00)1.17%Aaa AA+ 3133EPW68 Federal Farm Credit Banks Funding Corporation 4.125% 01/22/2026 1/29/2024 1/29/2024 $1,000,000.00 $995,300.00 $995,300.00 4.38%0.814 0.786 $99.91 $999,130.00 $3,830.00 0.24%Aaa AA+ SubTotal $6,000,000.00 $5,995,300.00 $5,995,300.00 1.18%$5,900,680.00 ($94,620.00)1.41% U.S. Treasury Note 91282CKD2 UST 4.250% 02/28/2029 7/30/2024 7/31/2024 $6,000,000.00 $6,051,328.13 $6,051,328.13 4.04%3.918 3.646 $101.08 $6,064,980.00 $13,651.87 1.45%Aaa AA+ 91282CKG5 UST 4.125% 03/31/2029 7/24/2024 7/25/2024 $3,675,000.00 $3,671,411.13 $3,671,411.13 4.15%4.003 3.663 $100.63 $3,698,248.05 $26,836.92 0.89%Aaa AA+ Page 11 of 16 City of Santa Ana POSITION STATEMENT As of March 31, 2025 City Council 10 – 13 5/20/2025 CUSIP Security Description Trade Date/ Settlement Date Par Value Principal Cost/ Purchased Interest Total Cost Yield at Cost Maturity/ Duration Market Price/ Market Value Unrealized Gain/ (Loss) % of Assets Moody's/ S&P Rating 91282CMA6 UST 4.125% 11/30/2029 12/18/2024 12/19/2024 $2,150,000.00 $2,139,501.95 $4,629.29 $2,144,131.24 4.23%4.671 4.238 $100.66 $2,164,276.00 $24,774.05 0.52%Aaa AA+ SubTotal $11,825,000.00 $11,862,241.21 $4,629.29 $11,866,870.50 4.11%$11,927,504.05 $65,262.84 2.86% Grand Total $424,062,453.41 $422,178,954.87 $12,266.79 $422,191,221.66 2.94%$417,249,027.72 ($4,929,927.15)100.00% Page 12 of 16 City of Santa Ana POSITION STATEMENT As of March 31, 2025 City Council 10 – 14 5/20/2025 Transaction Type Trade Date Settlement Date CUSIP Security Description Par Value Principal Amount Purchased Interest Total Cost Yield at Cost Purchase Purchase 2/19/2025 3/3/2025 478160DJ0 Johnson & Johnson 4.700% 03/01/2030 4,500,000.00 4,507,695.00 7,637.50 4,515,332.50 4.66% Total 4,500,000.00 4,507,695.00 7,637.50 4,515,332.50 Transaction Type Payment Date Settlement Date CUSIP Security Description Interest Received Interest/Dividends Interest/Dividends 3/3/2025 3/3/2025 283062DS3 El Dorado Irrigation District Financing Corporation 2.055% 03/01/2029 25,687.50 Interest/Dividends 3/3/2025 3/3/2025 39573LCC0 Greenstate Credit Union 0.900% 11/24/2025 171.22 Interest/Dividends 3/4/2025 3/4/2025 X9USDDTP3 Dreyfus Treasury Money Market Fund 14,897.43 Interest/Dividends 3/6/2025 3/6/2025 06055JHN2 Bank of America Corporation 5.000% 12/06/2027 41,666.67 Interest/Dividends 3/10/2025 3/10/2025 59013KPN0 Merrick Bank Corporation 1.100% 11/09/2026 209.27 Interest/Dividends 3/10/2025 3/10/2025 15721UET2 CFBank, National Association 0.850% 07/10/2026 161.71 Interest/Dividends 3/10/2025 3/10/2025 70962LAV4 Pentagon Federal Credit Union 1.000% 11/10/2026 190.25 Interest/Dividends 3/10/2025 3/10/2025 3133EMSU7 FFCB 0.800% 03/09/2026 16,000.00 Interest/Dividends 3/12/2025 3/12/2025 06417NF73 Bank OZK 0.600% 05/12/2026 114.15 Interest/Dividends 3/15/2025 3/15/2025 14041NGE5 Capital One Multi-Asset Execution Trust 3.920% 09/17/2029 16,333.34 Interest/Dividends 3/15/2025 3/15/2025 02582JKM1 American Express Credit Account Master Trust 4.560% 12/17/2029 17,226.67 Interest/Dividends 3/15/2025 3/15/2025 437918AC9 Honda Auto Receivables 2024-1 Owner Trust 5.210% 08/15/2028 28,372.79 Interest/Dividends 3/17/2025 3/17/2025 02589ABT8 American Express National Bank 2.000% 03/16/2027 2,459.62 Interest/Dividends 3/17/2025 3/17/2025 73319FBJ7 Poppy Business Merchant 0.800% 11/17/2026 152.20 Page 13 of 16 City of Santa Ana TRANSACTION STATEMENT - PORTFOLIO HELD AT BNY As of March 31, 2025 City Council 10 – 15 5/20/2025 Transaction Type Payment Date Settlement Date CUSIP Security Description Interest Received Interest/Dividends 3/17/2025 3/17/2025 14042TEP8 Capital One Bank (Usa), National Association 2.000% 03/16/2027 2,459.62 Interest/Dividends 3/19/2025 3/19/2025 30781JAW0 Farmers & Merchants Bank of Colby 0.850% 11/19/2026 161.71 Interest/Dividends 3/20/2025 3/20/2025 45776NEN2 Insbank 0.900% 06/19/2026 171.22 Interest/Dividends 3/20/2025 3/20/2025 58404DMQ1 Medallion Bank 1.250% 12/21/2026 237.81 Interest/Dividends 3/21/2025 3/21/2025 43814VAC1 HONDA AUTO RECEIVABLES 2025-1 A-3 20290921 4.57000 10,155.56 Interest/Dividends 3/25/2025 3/25/2025 3140NW7A7 Federal National Mortgage Association, Inc. 4.515% 12/01/2029 10,535.00 Interest/Dividends 3/25/2025 3/25/2025 3137HFF59 Federal Home Loan Mortgage Corporation 4.618% 07/25/2029 9,236.00 Interest/Dividends 3/25/2025 3/25/2025 3132XKWE3 Federal Home Loan Mortgage Corporation 4.000% 10/01/2029 11,588.89 Interest/Dividends 3/25/2025 3/25/2025 096924AD7 BMW Vehicle Owner Trust 2025-A 4.560% 09/25/2029 23,693.00 Interest/Dividends 3/25/2025 3/25/2025 3132XFMR6 Federal Home Loan Mortgage Corporation 4.340% 08/01/2028 18,565.55 Interest/Dividends 3/25/2025 3/25/2025 3140NWBC8 Federal National Mortgage Association, Inc. 4.080% 09/01/2029 19,040.00 Interest/Dividends 3/25/2025 3/25/2025 3137HJ5Y9 Federal Home Loan Mortgage Corporation 4.700% 11/25/2029 7,833.33 Interest/Dividends 3/26/2025 3/26/2025 02568KAJ4 Luminate Bank 0.700% 05/27/2026 133.17 Interest/Dividends 3/31/2025 3/31/2025 07371AH22 XD Bank 2.250% 03/24/2027 2,767.07 Interest/Dividends 3/31/2025 3/31/2025 91282CKG5 UST 4.125% 03/31/2029 75,796.88 Interest/Dividends 3/31/2025 3/31/2025 3130ARC82 FHLB 2.100% 03/29/2027 31,500.00 Interest/Dividends 3/31/2025 3/31/2025 3130AP3E3 FHLB 0.820% 09/30/2026 20,500.00 Interest/Dividends 3/31/2025 3/31/2025 3133EMBH4 Federal Farm Credit Banks Funding Corporation 0.530% 09/29/2025 13,250.00 Interest/Dividends 3/31/2025 3/31/2025 32022EAU0 First Fed Bank 0.850% 08/29/2025 167.48 Page 14 of 16 City of Santa Ana TRANSACTION STATEMENT - PORTFOLIO HELD AT BNY As of March 31, 2025 City Council 10 – 16 5/20/2025 Transaction Type Payment Date Settlement Date CUSIP Security Description Interest Received Interest/Dividends 3/31/2025 3/31/2025 3134GWUE4 FMCC 0.500% 09/30/2025 12,500.00 Interest/Dividends 3/31/2025 3/31/2025 3130AMYC0 FHLB 1.000% 03/30/2026 30,000.00 Interest/Dividends 3/31/2025 3/31/2025 07371CT25 Beal Bank USA 2.250% 03/24/2027 2,767.07 Interest/Dividends 3/31/2025 3/31/2025 61773TCX9 Morgan Stanley Bank, National Association 2.250% 03/30/2027 2,767.07 Interest/Dividends 3/31/2025 3/31/2025 61768U3U9 Morgan Stanley Private Bank, National Association 2.250% 03/30/2027 2,767.07 Interest/Dividends 3/31/2025 3/31/2025 3130APB79 FHLB 1.000% 09/30/2026 25,000.00 Interest/Dividends 3/31/2025 3/31/2025 3130AP3A1 FHLB 0.850% 06/29/2026 21,250.00 Total 518,486.32 Page 15 of 16 City of Santa Ana TRANSACTION STATEMENT - PORTFOLIO HELD AT BNY As of March 31, 2025 City Council 10 – 17 5/20/2025 Meeder provides monthly statements for its investment management clients to provide information about the investment portfolio. The information should not be used for audit or confirmation purposes. Please review your custodial statements and report any inaccuracies or discrepancies. Certain information and data has been supplied by unaffiliated third parties. Although Meeder believes the information is reliable, it cannot warrant the accuracy of information offered by third parties. Market value may reflect prices received from pricing vendors when current market quotations are not available. Prices may not reflect firm bids or offers and may differ from the value at which the security can be sold. Statements may include positions from unmanaged accounts provided for reporting purposes. Unmanaged accounts are managed directly by the client and are not included in the accounts managed by the investment adviser. This information is provided as a client convenience and the investment adviser assumes no responsibility for performance of these accounts or the accuracy of the data reported. Investing involves risk. Past performance is no guarantee of future results. Debt and fixed income securities are subject to credit and interest rate risk. The investment return and principal value of an investment will fluctuate so that an investors shares, when redeemed, may be worth more or less than their original cost. Current performance may be lower or higher than the performance data quoted. Meeder Investment Management is the global brand for the Meeder group of affiliated companies. Investment advisory services are provided through Meeder Public Funds, Inc. Please contact us if you would like to receive a copy of our current ADV disclosure brochure or privacy policy. This report contains all the required information and accurately reflects all pooled investments held during this reporting period on behalf of the City and the Successor Agency to the Santa Ana Redevelopment Agency. The information reported herein is in compliance with State law and the City's Investment Policy. Based on liquidity of investments, the City of Santa Ana is able to meet budgeted expenditure requirements for the next six months, barring any catastrophic natural disasters. Market pricings are obtained through the City's third-party Investment Advisor at Meeder Public Funds, Inc. Page 16 of 16 City of Santa Ana STATEMENT DISCLOSURE As of March 31, 2025 City Council 10 – 18 5/20/2025 Investments Amount Bank of New York Mellon - Investment Custodian 332,081,653.46 Local Agency Investment Fund (L.A.I.F)65,015,343.51 Local Agency Investment Fund (L.A.I.F) - ARPA 4,791,857.14 California CLASS 2,129,785.66 Total - Investments $ 404,018,639.77 Cash Held at City Financial Institution(s) and Cash on Hand Amount General Account 14,723,224.42 General Liability Account 2,155,200.26 Workers Compensation Account 1,202,265.42 Petty Cash 79,625.00 Total - Cash Held at City Financial Institution(s) and Cash on Hand $ 18,160,315.10 Restricted Cash Amount Signature Bank - Streetlight Project 1,268,869.87 2024 Water Bond 26,589,823.93 US Bank - Pension Stability Funds (Section 115 Trust with PARS)47,079,407.82 State of California Condemnation Fund - Right of Way Deposits 687,525.00 Various US Bank & BNY 148,422.16 Housing Account 5,497,298.02 Santa Ana Federal Credit Union - Family Self Sufficiency (FSS-Housing) 927,668.84 Commissary Account 310,257.55 Flexible Benefit Spending Account 307,872.14 Total - Restricted Cash $ 82,817,145.33 Total Cash Held City at Financial Institution(s), Cash on Hand and Restricted Cash $ 504,996,100.20 Cash by Fund(s) - Total (see below for listing)$ 504,996,100.20 DATA PROVIDED AND VERIFIED BY THE CITY OF SANTA ANA City General Ledger Cash Summary City Council 10 – 19 5/20/2025 DATA PROVIDED AND VERIFIED BY THE CITY OF SANTA ANA Fund Fund description Amount 011 GENERAL FUND 149,143,479.79 012 CANNABIS PUBLIC BENEFIT 21,000,100.78 016 CASP CERTIFICATION & TRAINING 603,429.63 020 OTS-TRAFFIC OFFENDER PROGRAM 21,225.02 021 PRCSA CATV FUND 1,862,958.95 022 PRCSA FEE & DONATION 294,658.89 023 INMATE WELFARE FUND 2,777,832.20 024 PD ATHLETIC ACTIVITIES LEAGUE (409,226.36) 025 IDB & EZ VOUCHER MONITORING 176,568.99 026 ASSET FORFEITURE FUND 377,158.76 027 PARKING FUND 3,977,542.25 029 SPECIAL GAS TAX 31,784,634.80 030 PROP 1B BOND ACT OF 2006 158,165.19 031 AIR QUALITY IMPR. (AB 2766)768,407.22 032 MEASURE M-STREET CONSTRUCTION (3,953,752.16) 033 NEW TRANSPO SYS IMPR AREA B 591,949.24 034 NEW TRANSPO SYS IMPR AREA E 1,735,995.51 035 NEW TRANSPO SYS IMPR AREA F 2,216,669.21 041 TRANSP SYS IMPR AREA A-2 719,876.75 042 TRANSPO SYS IMPR AREA B 9,856.77 043 TRANSPO SYS IMPR AREA C 77,983.75 044 TRANSPO SYS IMPR AREA D 6,485.88 048 TRANSPO SYS IMPR AREA C-2 330,271.23 049 TRANSPO SYS IMPR AREA G 101,474.38 051 CAPITAL OUTLAY FUND 2,565,781.34 053 CITY SERVICES 9,815,892.48 054 SANITARY SEWER CAPITAL 6,427,576.93 055 SEWER CONNECTION FEE 4,766,080.90 056 SANITARY SEWER SERVICE 11,361,017.51 057 FED CLEAN WATER PROTECTION ENT 7,271,835.36 058 RESIDENTIAL STREET IMPROVEMENT 6,147,200.95 059 SELECT STREET CONSTRUCTION 24,803,157.68 060 WATER REVENUE 30,674,657.07 066 ACQUISITION & CONSTRUCTION (5,915,811.64) 067 REGIONAL TRANSP CENTER 477,653.54 068 SANITATION FUND 2,553,369.74 069 REFUSE COLLECTION SERVICE 6,723,757.97 070 EQUIPMENT REPLACEMENT FUND 6,703,712.29 073 BUILDING MAINT FUND 1,660,682.59 City Council 10 – 20 5/20/2025 DATA PROVIDED AND VERIFIED BY THE CITY OF SANTA ANA Fund Fund description Amount 074 CIVIC CENTER MAINTENANCE (866,681.92) 075 FLEET MAINTENANCE/STORES 1,630,285.88 076 STORES & PROPERTY CONTROL (97,444.33) 078 RETIREMENT SYSTEM (1,773,668.75) 080 LIABILITY AND PROPERTY INS FND 11,310,702.06 081 EMPLOYEE GROUP INSURANCE 1,965,124.75 082 WORKERS COMPENSATION FUND 19,869,028.77 083 PAYROLL REVOLVING 6,888,346.27 085 CITY YARD OPERATION (1,082,947.03) 086 PUB WKS ENG/PROJ MGMT (225,807.61) 087 PT RETIREMENT FUND 11,756.39 089 CA SEISMIC HAZARD PROGRAM 13,122.15 090 ORANGE CO SANITATION DIST 2&3 738,204.43 093 BUSINESS IMPROVEMENT DISTRICT 270.36 094 INTEREST AGENCY 535,292.74 095 POLICE COMMISSARY ACCOUNT 264,772.15 096 SA TOURISM MARKETING DISTRICT 120,412.37 097 POLICE SEIZED ASSETS 2,332,803.16 100 SECTION 457 FIDUCIARY ADMIN 46,406.66 101 PUB WKS-ADMIN & PLANNING 3,574,047.52 103 PM RETIREE HEALTH IUNSURANCE 8,338.94 104 SEIU RETIREE HEALTH INSURANCE 62,235.09 106 EM/SAMA RETIREE HEALTHE INSURANCE 13,124.71 107 CASA RETIREE HEALTH INSURANCE 5,234.14 109 INFO SYS STRATEGIC PLAN 15,266,438.77 110 STRONG MOTION INSTRUMENTATION 116,260.99 111 OPIOID REMEDIATION 3,233,689.42 120 FIRE FACILITIES FUND 2,876,616.62 121 SPECIAL REPAIR/DEMOLITION 763,614.23 122 EMERGENCY & HEALTH GRANTS 9,365,957.10 123 WORKFORCE INVESTMENT ACT (586,223.07) 124 ORANGE COUNTY SSA GRANTS (43,307.10) 125 OES UASI (2,003,890.87) 127 D.O.J. GRANT FUND 2,310.52 128 POLICE BLOCK GRANTS 2,727,375.80 130 HOME PROGRAM FEDERAL GRANT 3,439,607.43 131 MISC GRANTS 348,982.74 133 HOUSING AUTHORITY-ISSUER FEE 2,337,135.20 135 COMMUNITY DEV BLOCK GRANT (480,495.78) City Council 10 – 21 5/20/2025 DATA PROVIDED AND VERIFIED BY THE CITY OF SANTA ANA Fund Fund description Amount 136 HOUSING AUTHORITY-VOUCHER HAP 1,092,639.77 138 HOUSING AUTHORITY-MS 5 45,556.19 139 HOUSING AUTHORITY-NEW CONSTR 474,030.76 140 HOUSING AUTHORITY-VOUCHER ADM 3,799,914.75 142 NSP FEDERAL GRANT 327,434.47 143 CALHOME MFGD HSG LOAN 36,756.06 144 PRISON TO EMPLOYMENT PROGRAM (259,048.16) 145 RENTAL REHABILITATION GRANT 10,746.90 147 FEDERAL AID SAFETY PROGRAM (866,401.15) 148 TRAFFIC SYSTEM MGMT GRANT (9,266,464.07) 149 WIC ASSESSMENT DIST ST IMPRV 33,775.56 152 PUBLIC LIBRARY GRANT FUND 4,301,498.62 158 PLANNING GRANTS PROGRAM (171,879.29) 161 PRCSA CAPITAL GRANTS (3,082,164.26) 164 PUB WKS-WTR QUALITY & CONTROL (2,185,792.85) 165 OFFICE OF SAFETY GRANT 143,672.25 166 US DOJ ASSET FORFEITURE FUND 1,765,427.52 167 US TREASURY ASSET FORFEITURE 211,578.71 169 RECREATION GRANTS FUND 550,138.88 177 EMERGENCY RENTAL ASSISTANCE PG 717,394.99 179 GENERAL FIXED ASSETS 20,088.55 180 ARPA EHV ADMIN FEES 168,161.92 181 AMERICAN RESCUE PLAN ACT 42,289,533.45 182 HOME-ARP PROGRAM FEDERAL GRANT (5,005.99) 183 ARPA - CA FOR ALL YOUTH WDP (559,969.93) 185 RENT STABILIZATION 2,752,106.07 186 HCV F S S FORFEITURES 316,247.81 201 LOCAL DRAINAGE AREA NO 1 136.68 202 LOCAL DRAINAGE AREA NO 2 1,474.83 203 LOCAL DRAINAGE AREA NO 3 779,057.95 204 LOCAL DRAINAGE AREA NO 4 1,089.14 205 LOCAL DRAINAGE AREA NO 5 618.80 206 LOCAL DRAINAGE AREA NO 6 908.27 207 LOCAL DRAINAGE AREA NO 7 200,350.94 209 LOCAL DRAINAGE AREA NO 9 755.80 210 LOCAL DRAINAGE AREA NO 10 17,716.05 211 LOCAL DRAINAGE AREA NO 11 229.70 212 LOCAL DRAINAGE AREA NO 12 13.53 213 LOCAL DRAINAGE AREA NO 13 2,783.25 City Council 10 – 22 5/20/2025 DATA PROVIDED AND VERIFIED BY THE CITY OF SANTA ANA Fund Fund description Amount 221 LOCAL DRAINAGE AREA I 1,174,571.71 222 LOCAL DRAINAGE AREA II 583,915.29 223 LOCAL DRAINAGE AREA III 214,338.02 224 LOCAL DRAINAGE AREA IV 716,091.10 225 LOCAL DRAINAGE AREA V 410,143.55 226 LOCAL DRAINAGE AREA VI 367,344.80 301 REC/COMM SVS 6,233.97 311 RESIDENTIAL DEVELOP DISTRICT 1 970,479.06 312 RESIDENTIAL DEVELOP DISTRICT 2 5,412,715.71 313 RESIDENTIAL DEVELOP DISTRICT 3 12,214,173.82 314 RESIDENTIAL DEVELOP DISTRICT 4 619,315.76 315 RESIDENTIAL DEVELOP HARBOR SPECFIC 899,219.59 400 POLICE UUT LEASE REVENUE BONDS 39,971.56 404 COSA 2014 LEASE FINANCING (144,761.19) 406 2021 PENSION OBLIGATION BONDS 50,792.33 417 INCLUSIONARY HOUSING FEE 4,576,579.09 418 CDA - PEEBLER CAPITAL FUND (583,059.13) 607 HOUSING AUTHORITY LMIHF 3,948,783.86 655 2018A SERIES TAX ALLOC BOND 23,341.15 670 COSA RDA 888,177.65 671 COSA RDA OBLIGATION RETIREMENT 261,936.70 980 SAN JOAQUIN TRANS CORRIDOR 48,728.18 981 EASTERN FOORHILL TRANS CORRIDOR 4,125.96 991 TRAN SYS IMP AUT C-2 TUSTIN 2,978,504.09 992 TRAN SYS IMP AUT AREA D-TUSTIN 9,864,891.01 993 WIC ASSESSMENT DISTRICT 441,801.32 999 Lawson Clearing 2,667.92 Reconciling Item(s) - Outstanding Checks *3,255,783.63 Reconciling Item(s) - Bank Direct Deposits*407,303.89 Reconciling Item(s) - Deposits in Transit*(1,058,242.39) Withdrawals in Transit (312,863.17) Reconciling Item(s) - Various*(69,359.39) City Council 10 – 23 5/20/2025 Finance and Management Services www.santa-ana.org/finance Item # 11 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report May 20, 2025 TOPIC: Quarterly Report of Contracts Awarded by the City Manager AGENDA TITLE Quarterly Report of Contracts up to $50,000 for Non-Public Works and up to $500,000 for Public Works Authorized by the City Manager as Permitted by Charter Section 421 RECOMMENDED ACTION Receive and file Quarterly Report of Contracts entered into between January 1, 2025 to March 31, 2025. GOVERNMENT CODE §84308 APPLIES: No DISCUSSION Section 421 of the Charter requires the City Manager to submit a Quarterly Report (Report) to the City Council disclosing all contracts approved and executed under his authority for informational purposes. The Report is required to include the names of the contractors and the amounts of each contract along with a brief description. Section 2-748 provides the City Manager contracting authority to enter into non-public works contracts and agreements up to $50,000 and public works contracts and agreements up to $500,000. Exhibit 1 is a listing of all purchase orders and agreements entered into during the period January 1, 2025 to March 31, 2025, valued at amounts between $500 and $50,000 for non-public works expenditures, and up to $500,000 for public works contracts and agreements. Upon City Council approval, the list of City Manager authorized contracts will be published on the City’s website in a searchable format. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT There is no fiscal impact associated with this action. City Council 11 – 1 5/20/2025 Quarterly Report of Contracts May 20, 2025 Page 2 5 0 4 1 EXHIBIT(S) 1. Quarterly Report of Contracts – January 1, 2025 to March 31, 2025 Submitted By: Alexander Trinidad, Acting Executive Director of Finance and Management Services Agency Approved By: Alvaro Nuñez, City Manager City Council 11 – 2 5/20/2025 EXHIBIT 1 FISCAL YEAR 2024‐25 QUATERLY REPORT OF CONTRACTS: JANUARY 1, 2025 TO MARCH 31, 2025 No. Date Vendor Name Type Number AG N‐2024‐396 PO 9162 AG N‐2024‐398 AG N‐2024‐304 AG N‐2024‐395 PO 9080 Agency PRCS CITYWIDE PRCS HR PRCS CITYWIDE POL PBA POL POL POL PWA POL PWA POL PWA FMS CDA PWA FMS CAO PWA POL POL LIB PWA LIB HR Amount Description 1 2 3 4 5 6 7 8 9 01/01/2025 BACKHAUSDANCE 01/01/2025 BRISTOL CAR WASH INC. 01/01/2025 CHALLENGER SPO 01/01/2025 LEGALSHIELD 01/01/2025 TUMBLE‐N‐KIDS 01/01/2025 WAXIE SANITARY SUPPLY 01/02/2025 ASSOCIATED BAG COMPANY 01/02/2025 MUSCO SPORTS LIGHTING LLC 01/02/2025 PACIFIC ATHLETIC WEAR INC $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 25,000.00 RECREATION BALLET AND CREATIVE DANCE CLASSES 7,000.00 VEHICLE WASHES & DETAILS 25,000.00 YOUTH SOCCER CLASSES 30,000.00 VOL EMLPY BENEFIT FOR LEGAL & 25,000.00 RECREATION SERVICES FOR YOUTH GYMNASTICS CLASSES 18,306.64 MISC JANITORIAL SUPPLIES 2,796.10 PAPER BAGS TO PACKAGE EVIDENCE 15,000.00 BPO FOR CONTOLLER SERVICES & PARTS 2,254.28 PAAL SOCCER SHIRTS & JERSEYS 530.34 GLASS VIALS FOR FORENSICS EVIDENCE DIVISON 1,293.19 THERMAL PRINTING LABELS/RIBBONS 50,000.00 WATER METER TESTING SERVICES & SUPPLIES 10,891.65 THERMAL PRINTERS AND ACCESSORIES 10,455.00 ANNUAL BACKFLOW TESTING PO 127310 PO 127309 PO 127312 PO 127311 PO 127314 AG N‐2024‐389 PO 127316 PO 127315 PO 127313 PO 127318 PO 127317 PO 127319 PO 127320 AG N‐2025‐020 AG N‐2025‐003 AG N‐2025‐061 PO 127322 PO 127321 AG N‐2025‐013 PO 127323 AG N‐2025‐063 AG N‐2025‐074 AG N‐2025‐072 PO 127324 PO 127328 PO 127326 PO 127330 PO 127327 PO 127329 PO 127331 PO 127332 AG N‐2025‐069 PO 127333 10 01/02/2025 VWR INTERNATIONAL LLC 11 01/06/2025 BARCODES INC 12 01/06/2025 GOLDEN METERS SE 13 01/06/2025 MOBILE ID SOLUTIONS 14 01/06/2025 ONE FLOW BACKFLOW INC 15 01/06/2025 SAFARILAND LLC 16 01/07/2025 CROSS CONNECTION ENVIRONMENTAL 17 01/07/2025 RR DONNELLEY 18 01/08/2025 ORANGE COUNTY TRANSPORTATION 19 01/08/2025 TPM INC 20 01/09/2025 APTEMIZ, INC. 21 01/09/2025 APTUS COURT REPORTING, LLC 22 01/10/2025 QUINN GROUP, INC 23 01/10/2025 SMART SOURCE OF CALIFORNIA LLC 24 01/10/2025 THE CIRCLE 2,023.85 EVIDENCE BOXES FOR WEAPONS 12,267.50 BACKFLOW TEST SIMULATION STATIONS 5,753.57 BUSINESS TAX PAPERS 1,014.30 30 DAY OCTA BUS PASSES 3,600.00 ANNUAL SOFTW SUBSCRIPTION RENEWAL 22,500.00 INDIRECT COST & INTERNAL SERVICE FUND COST ALLOCATION PLAN 50,000.00 CONSULTANT SERVICES AGREEMENT FOR LEGAL SUPPORT SERVICES 12,000.00 STORAGE AGREEMENT FOR EQUIPMENT STORAGE 2,108.85 SAPD PAKRING WARNING NOTICES 546.23 PRINTERS FOR JAIL INMATE PROGRAMS 900.00 BOOK READING AT TET LUNAR NEW YEAR FESTIVAL 11,103.26 ANNUAL SUBSCRIPTION RENEWAL 22,275.00 E‐RATE CONSULTANTING SERVICES 11,280.00 KAISER PERMANENTE MOBILE HEALTH VEHICLE 50,000.00 BIPARTISAN INFRASTRUCTURE LAW FEDERAL FUNDING ANALYSIS 23,633.18 TACTICAL BALLISTIC EQUIPMENT ACCESSORIES 5,000.00 BPO INMATE PROGRAMS BOOKS 25 01/13/2025 AI, ELIZABETH 26 01/13/2025 DLT SOLUTIONS LLC 27 01/13/2025 INFINITY COMMUNICATIONS & CONSULTING 28 01/13/2025 KAISER FOUNDATION HEALTH PLAN, INC. 29 01/13/2025 SILSBY STRATEGIC ADVISORS, INC 30 01/13/2025 TYR TACTICAL, LLC 31 01/14/2025 BARNES & NOBLE BOOKSELLERS INC 32 01/14/2025 BLACKHAWK ENGAGEMENT SOLUTIONS 33 01/14/2025 FASTCASE INC PWA POL PWA HR POL POL 2,964.41 GIFT CARDS FOR HR RECRUITMENT 2,640.00 INMATE LAW LIBRARY SUBSCRIPTION 3,344.03 PAAL SOCCER PROGRAM EQUIPMENT 6,468.85 SANTA ANA PD CATERED EVENT 14,999.99 BPO CANOPIES 8,235.00 TOT TURF SURFACE INSTALLATION 34 01/14/2025 GOPHER 35 01/14/2025 TANGATA AT BOWERS MUSEUM 36 01/15/2025 INTERNATIONAL E‐Z UP INC 37 01/15/2025 ROBERTSON INDUSTRIES INC 38 01/15/2025 TOONY DESIGNS POL PWA PWA PRCS PRCS 5,000.00 DECORATIVE SERVICES FOR CULTURAL EXHIBITS, TET FESTIVAL 7,484.86 BARCO CLICKSHARE VIDEO CONFERENCING SYSTEM39 01/16/2025 GOLDEN STATE AUDIO VIDEO City Council 11 – 3 5/20/2025 No. Date Vendor Name Type Number AG N‐2025‐055 AG N‐2025‐071 AG N‐2025‐018 AG N‐2025‐012 AG N‐2025‐058 AG N‐2025‐067 AG N‐2025‐021 AG N‐2025‐017 AG N‐2025‐006 PO 127335 AG N‐2025‐060 AG N‐2025‐052 AG N‐2025‐008 PO 127336 PO 127337 PO 127341 PO 127340 PO 127339 PO 127338 PO 127343 PO 127342 PO 127347 PO 127344 PO 127348 PO 127350 PO 127349 PO 127351 AG N‐2025‐053 PO 9086 Agency CDA Amount Description 40 01/21/2025 HOTEL ZESSA A DOUBLE TREE BY HILTON 41 01/21/2025 KHALILI, DANA 42 01/22/2025 MADRIGAL, MARIA $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 21,612.38 MEETING & EVENT CONTRACT, BUSINESS EXPO 5,000.00 COUNCIL AID & ASSISTANCE FOR COUNCILMEMBER VAZQUEZ 25,000.00 RECREATION SERVICES FOR DANCE AND FITNESS CLASSES 49,999.00 LICENSE AGREEMENT FOR PLACER'S PLATFORM 25,000.00 MARKETING & PUBLIC RELATIONS SERVICES FOR CITY EVENTS 19,445.90 VERSATERM PROPRIETARY SOFTWARE 6,000.00 PARTNERSHIP AGREEMENT, VINFAST AUTO FOR TET FESTIVAL 500.00 BOOK READING AT TET LUNAR NEW YEAR FESTIVAL 47,500.00 SETTLEMENT AGREEMENT JOHN W. YENTES v. CITY OF SANTA ANA 871.82 ID CARDS & ID PRINTING SUPPLIES CMO PRCS PRCS PRCS POL PRCS LIB CAO POL POL LIB POL PWA POL PWA PWA PWA POL POL PWA POL 43 01/22/2025 PLACER LABS, INC. 44 01/22/2025 ROCKET SCIENCE MEDIA GROUP, INC. 45 01/22/2025 VERSATERM PUBLIC SAFETY US, INC. 46 01/22/2025 VINFAST AUTO, LLC 47 01/22/2025 VO, CHRISTINA 48 01/22/2025 YENTES, JOHN W. 49 01/23/2025 CI SOLUTIONS 50 01/23/2025 SOCRADAR CYBER INTELLIGENCE INC. 51 01/24/2025 MINI EXPRESS, THE 52 01/24/2025 MOBILE MODULAR MANAGEMENT CORP 53 01/24/2025 MUNICIPAL MAINTENANCE EQUIPMENT 54 01/24/2025 SCENTURION K9 CONSULTING 55 01/27/2025 CROSS CONNECTION ENVIRONMENTAL 56 01/27/2025 FULLER TRUCK ACCESSORIES 57 01/27/2025 THE AUTOMOTIVE TRAINING GROUP 58 01/27/2025 XYBIX SYSTEMS INC 49,000.00 SOCRADAR CYBER THREAT INTELLIGENCE PLATFORM 1,000.00 TRACKLESS TRAIN SERVICES, DIA DE LOS NINOS/LIBROS 249,020.88 MOBILE MODULAR CLASSROOM UNITS FOR PD 15,000.00 BPO VACUUM TRUCK PART & REPAIR SERVICES 3,900.00 K‐9 ANNUAL MAINTENANCE TRAINING 3,814.49 BACKFLOW TEST SIMULATION STATIONS 2,365.81 CHEVY COLORADO BED COVER & INSTALLATION 1,295.00 FLEET TRAINING REGISTRATION FEE 5,000.00 BPO DISPATCH CONSOLE REPAIR SVCS 2,000.00 BPO BIOHAZARDOUS WASTE DISPOSAL 29,048.88 RTA SUBSCRIPTION RENEWAL 23,370.91 PARACLETE CUSTOM TACITAL VESTS FOR SAPD SWAT 4,670.96 ROLLER SHADES & INSTALLATION 59 01/28/2025 EFFICIENT X‐RAY INC 60 01/28/2025 RON TURLEY ASSOCIATES INC 61 01/29/2025 BLACK BOX SAFETY INC 62 01/29/2025 SHEWARD & SON & SONS INC 63 01/29/2025 SMART SOURCE OF CALIFORNIA LLC 64 01/30/2025 BENDER READY MIX INC 65 01/30/2025 DAKTRONICS INC 66 01/30/2025 FIREMASTER 67 01/30/2025 TRIMBLE INC. 68 02/01/2025 SHERWIN‐WILLIAMS PRCS POL 3,363.37 SAPD PAKRING WARNING NOTICES PWA PRCS PRCS PWA CITYWIDE CITYWIDE PWA PWA PRCS FMS 13,000.00 BPO PROVIDE READY MIX CONCRETE 1,675.41 JEROME PARK SCOREBOARDS PARTS & REPAIR 3,133.64 PYRO CHEM FIRE SYSTEM TESTING & 50,000.00 TRIMBLE UNITY CONSTRUCT, MAINTAIN AND PERMIT 9,153.32 PAINT & PAINTING SUPPLIES 69 02/01/2025 WORLD OIL ENVIRONMENTAL 70 02/03/2025 EDUCATION & OUTREACH COMPANY 71 02/03/2025 NATIONAL DATA & SURVEYING SERVICES 72 02/03/2025 NEWPORT LANDING SPORTFISHING 73 02/03/2025 WESTERN PRINTING SYSTEMS LLC 74 02/04/2025 ARMS UNLIMITED INC 75 02/04/2025 KITTRICH CORPORATION 76 02/05/2025 GRAFFITI SHIELD INC 77 02/05/2025 VIDEO & AUDIO CENTER 78 02/06/2025 ALL‐WAYS TILE INC PO 9120 5,000.00 WASTE DISPOSAL SERVICES 4,096.54 COLORING BOOK 25,000.00 CONSULTING FOR TRAFFIC COUNTING SERVICES 1,250.00 WHALE WATCHING TICKETS 508.67 NOTICE TO STOP WORK HANG TAGS 3,207.59 GUN LIGHT BATTERIES & HANDCUFFS 8,568.64 CUSTOM CANOPIES & TABLE COVERS 6,062.00 BIRD STRIKE FILM INSTALLATION 3,278.04 83‐INCH OLED SMART TELEVISION 14,576.00 SHOWER TILE REPLACEMENT PROJECT FIRE STATION #73 6,741.00 DRAIN & ROOF REPAIR 11,799.94 FORD F550 TRUCKS PARTS & INSTALLATION 7,304.80 STORAGE RACK INSTALLATION PO 127355 AG N‐2025‐056 PO 127356 PO 127357 PO 127358 PO 127359 PO 127363 PO 127361 PO 127366 PO 127365 PO 127364 PO 127368 POL PRCS PRCS PWA PWA PWA PWA PRCS 79 02/06/2025 BEST CONTRACTING SERVICES INC 80 02/06/2025 SPECIALTY EQUIPMENT 81 02/07/2025 CONVEYOR & STORAGE SOLUTIONS City Council 11 – 4 5/20/2025 No. Date 82 02/10/2025 3D MEDIA 83 02/10/2025 CPACINC.COM 84 02/10/2025 ILLINOIS LIBRARY ASSOCIATION 85 02/11/2025 ARDENT ERGONOMICS 86 02/11/2025 GOLDEN STATE AUDIO VIDEO 87 02/11/2025 ILLINOIS LIBRARY ASSOCIATION 88 02/11/2025 PROFESSIONAL POLYGRAPH SERVICE 89 02/12/2025 CHINOOK MEDICAL GEAR INC 90 02/12/2025 DAVEY'S LOCKER Vendor Name Type Number PO 127372 PO 127369 PO 127370 AG N‐2025‐049 PO 127374 PO 127373 AG N‐2025‐062 PO 127376 PO 127377 PO 127375 PO 127381 PO 127382 PO 127379 PO 127383 PO 127380 PO 127385 AG N‐2025‐037 PO 127384 PO 127387 PO 127391 PO 127389 PO 127390 PO 127395 AG N‐2025‐030 Agency PWA IT LIB HR Amount Description 15,000.00 MEDIA PHOTOGRAPHY$ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 6,735.00 BARRACUDA ARCHIVER RENEWAL 2,071.11 2025 READING PROGRAM TOTE & TSHIRT 50,000.00 PREVENTATIVE ERGONOMICS ASSESSMENTS 1,414.68 WIRELESS CONFERENCE EQUIPMENT 2,340.79 2025 READING PROGRAM TSHIRT 25,000.00 POLYGRAPH SERVICES, PD 17,395.77 CUSTOM INDIVIDUAL FIRST AID KITS 3,501.00 SPLASH CAMP WHALE WATCHING TRIP 1,818.65 COMMUNITY HELMET GIVEAWAY EVENT 1,000.00 K9 SOFTWARE SERVICE SUBSCRIPTION 20,000.01 Blanket PO NURSERY & LANDSCAPE MATERIALS 567.01 PORTABLE ROAD COUNTER DEVICE 5,511.21 LESS THAN LETHAL SWAT GRENADES 821.56 BIODEGRADABLE NITRILE GLOVES HR LIB POL POL PRCS POL POL PWA POL POL PRCS PWA FMS HR FMS PRCS POL PWA FMS PWA 91 02/12/2025 HELMETS R US INC 92 02/13/2025 ACEK9 93 02/13/2025 DEVIL MOUNTAIN WHOLESALE 94 02/13/2025 DIAMOND TRAFFIC PRODUCTS 95 02/13/2025 LC ACTION POLICE SUPPLY 96 02/13/2025 TG MEDICAL (USA) INC 97 02/18/2025 MONTEBELLO GLASS & MIRROR CO 98 02/18/2025 NDS 14,992.63 SECURITY GLASS & SPEAKER INSTALL PRJCT C.H. 1ST FLR 30,000.00 MAIL PICK‐UP SERVICES 2,163.03 ERGONOMIC STAND UP DESK RISERS 797.53 MAINTENANCE SERVICES BOOKLETS 5,094.02 BIODEGRADABLE WASTE BAGS 99 02/19/2025 LOCTEK INC 100 02/19/2025 SMART SOURCE OF CALIFORNIA LLC 101 02/20/2025 BIOBAG AMERICAS INC 102 02/20/2025 IMPERIAL DADE 103 02/20/2025 MIDSTATE AUTOMOTIVE EQUIPMENT 104 02/21/2025 ACCO BRANDS USA LLC 105 02/21/2025 AKEL ENGINEERING GROUP, INC. 106 02/21/2025 AASCSC 4,720.80 HAND SANITIZING WIPES 37,027.99 TABLE‐TOP TIRE CHANGER 1,090.12 BINDING AND LAMINATING SUPPLIES 50,000.00 ON‐CALL AGREEMENT, WATER HYDRAULIC MODELING SUPPORT 40,000.00 AMENDMENT ‐ LIVE PERFORMANCES FOR CITY EVENTS 6,146.25 MEDIEVAL TIMES ADMISSION TICKETS 4,668.84 URBAN AIR ADMISSION TICKETS AG N‐2024‐339‐01 PRCS 107 02/21/2025 MEDIEVAL TIMES USA INC 108 02/21/2025 UA FULLERTON LLC 109 02/21/2025 ULINE INC 110 02/24/2025 ALCO TARGET COMPANY 111 02/24/2025 B&H PHOTO VIDEO 112 02/24/2025 SIEBRING MANUFACTURING INC 113 02/24/2025 TOTAL IMAGING SOLUTIONS LLC 114 02/25/2025 BOB BARKER CO INC 115 02/25/2025 CPACINC.COM PO 127397 PO 127394 PO 127396 PO 127400 PO 127399 PO 127398 PO 127401 PO 127403 PO 127404 AG N‐2025‐041 PO 127405 PO 127402 PO 127406 PO 127407 PO 127408 AG N‐2025‐002 AG N‐2025‐031 PRCS PRCS PWA POL POL PWA POL POL IT HR PWA CMO CMO PRCS CAO PWA CMO 6,285.69 STORAGE BOX & CABINET & DRUM PUMP 3,661.74 SHOOTING RANGE TRAINING TARGETS 1,715.24 AUDIO EQUIPMENT FOR PD TRAINING ROOM 7,529.78 ELECTRIC SKID MOUNT SPRAYER 835.00 DIGITAL SCANNER 1‐YEAR SERVICE RENWAL CONTRACT 17,000.00 BLANKET PO INMATE SUPPLIES FOR SAPD‐JAIL 1,220.00 ANNUAL SUBSCRIPTION RENEWAL 50,000.00 TRAINING COURSES 29,953.17 SECURITY DOOR INSTALLATION ‐ 6TH FLOOR CITY HALL 2,394.76 PROCLAMATION CERTIFICATE 116 02/25/2025 JACOB GREEN & ASSOCIATES 117 02/25/2025 LANMOR SERVICES 118 02/25/2025 THE CASTLE PRESS 119 02/25/2025 THE CASTLE PRESS 2,841.59 CERTIFICATE OF RECOGNITION 1,823.97 VOLLEYBALL EQUIPMENT 1,008.81 DESK SCANNER 50,000.00 TESTING & INSPECTION BACKFLOW PREVENTION 2,110.00 FACILITY RENTAL, COMM. LINKAGE FORUM ANNUAL AWARDS 120 02/26/2025 ANTHEM SPORTS, LLC 121 02/26/2025 B&H PHOTO VIDEO 122 02/26/2025 BACKFLOW APPARATUS & VALVE, CO. 123 02/26/2025 BOWERS MUSEUM City Council 11 – 5 5/20/2025 No. Date Vendor Name Type Number Agency POL POL HR LIB LIB POL POL POL Amount Description 124 02/26/2025 BOWERS MUSEUM 125 02/26/2025 PRYMEINFIL 126 02/26/2025 SHERWOOD HR CONSULTING 127 02/26/2025 STAGE PLUS, INC. 128 02/26/2025 TRU‐ONE PRODUCTIONS 129 02/26/2025 VCA ANIMAL HOSPITALS, INC. 130 02/26/2025 VERSATERM PUBLIC SAFETY US, INC. 131 02/27/2025 BOTACH INC AG N‐2025‐010 AG N‐2025‐029 AG N‐2025‐040 AG N‐2025‐043 AG N‐2025‐045 AG N‐2025‐011 AG N‐2025‐068 PO 127412 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 2,690.00 FACILITY RENTAL, SAPD OATH OF OFFICE CEREMONY 22,500.00 LICENSE AGREEMENT WITH PRYME INFIL 50,000.00 CONSULTANT AGREEMENT TO PROVIDE TRAINING COURSES 5,500.00 EVENT STAGING SERVICES FOR DIA DE LOS NINOS/LIBROS 700.00 SLOT CARE RACE TRACK ACTIVITIES DIA DE LOS NINOS/LIBROS 35,000.00 EMERGENCY CARE & SPECIALITY VET SERVICES, PD CANINES 19,445.90 VERSATERM PROPRIETARY SOFTWARE 742.90 FIREARMS QUICK DETACH ACCESSORIES 132 02/27/2025 UNITED WAY OF ORANGE COUNTY 133 02/27/2025 WEST COAST PROCESSORS LLC 134 03/01/2025 NABERS CLEANERS 135 03/01/2025 VISTA PAINT CORP 136 03/03/2025 ACTION DOOR REPAIR CORP 137 03/03/2025 PEPPERBALL PO 127411 PO 127409 PO 9128 PO 9129 PO 127414 PO 127413 CDA PWA CITYWIDE CITYWIDE PWA POL 750.00 ANNUAL SOFTWARE MEMBERSHIP RENEWAL 750.00 BPO ZOO ANIMAL FOOD (FISH) 3,000.00 DRY CLEANING SERVICES 4,576.66 PAINT AND PAINT SUPPLIES 19,921.35 BAY DOOR INSTALL PROJECT FIRE STATION #76 2,835.05 LESS THAN LETHAL AMMUNITION 138 03/04/2025 COOK'S CORRECTIONAL 139 03/04/2025 RAINBOW BOOK COMPANY 140 03/04/2025 SOUTHWEST BOULDER & STONE INC 141 03/05/2025 COSMOS EVENT RENTALS 142 03/05/2025 ENERGY EXPERTS INTERNATIONAL 143 03/05/2025 HELM LLC 144 03/05/2025 PLACENTIA, CITY OF 145 03/05/2025 SOURCE GRAPHICS 146 03/06/2025 BOOMERS IRVINE PO 127415 PO 127417 PO 127416 AG N‐2025‐046 AG N‐2025‐038 PO 127422 AG N‐2025‐023 PO 127421 POL LIB 21,854.40 ELECTRIC TILTING SKILLET AND INSTALLATION 688.65 VARIOUS BOOKS DELHI COLLECTION 1,365.63 DECOMPOSED GRANITE FINES FOR ZOO 20,000.00 EVENT EQUIPMENT RENTALS, DIA DE LOS NINOS/LIBROS 50,000.00 VALVE AND ACTUATOR MAINTENANCE AND REPAIR SERVICES 750.00 ANNUAL SOFTWARE LICENSE RENEWAL 25,000.00 MOU WITH CITY OF PLACENTIA FOR INVESTIGATIVE ASSITANCE 1,392.30 ANNUAL PLOTTER SERVICE RENEWAL 1,696.17 BOOMERS IRVINE PAAL SUMMER TRIP 1,499.58 FIREARM MAINTENANCE SUPPLIES PRCS LIB PWA PRCS POL IT POL POL PO 127424 PO 127426147 03/06/2025 BROWNELLS INC 148 03/06/2025 FUN COMPANY, THE 149 03/06/2025 LANMOR SERVICES 150 03/06/2025 LEXISNEXIS COPLOGIC SOLUTIONS INC. 151 03/06/2025 SUNNY SLOPE TREES 152 03/06/2025 VERITEXT, LLC 153 03/07/2025 ANGELS BASEBALL LP 154 03/07/2025 KITTRICH CORPORATION 155 03/07/2025 KNOTTS BERRY FARM 156 03/07/2025 PROUDCITY INC. 157 03/07/2025 ULINE INC 158 03/07/2025 VECTOR USA 159 03/10/2025 NDS 160 03/10/2025 NGUYEN, TRINITY AG N‐2025‐044 PO 127425 AG N‐2022‐131‐03 POL LIB CDA 1,400.00 INFLATABLE RACE TRACK ACTIVITES, DIA DE LOS NINOS/LIBROS 31,750.13 BUILDING DOOR REMODEL 44,666.62 AMENDMENT ‐ LEXISNEXIS DESK OFFICER REPORTING SYSTEM 5,000.00 BPO PLANTS/TREES/MATERIALS 50,000.00 LEGAL SUPPORT SERVICES 1,085.00 ANGELS BASEBALL TICKETS 3,286.25 CUSTOM CANOPY PACKAGE & TABLE COVER 10,007.50 KNOTTS ADMISSION TICKETS TEEN EXCURSION PROGRAM 24,150.00 WEB ACCESSIBILITY PLANNING AND STRATEGY SERVICES 13,973.82 CROWN CONTROL POST & CHAIR PO 127423 AG N‐2025‐051 PO 127431 PO 127429 PO 127432 AG N‐2025‐050 PO 127430 PO 127428 AG N‐2025‐037 AG N‐2025‐015 PO 127434 PO 127433 PO 127435 PO 127436 PO 127437 POL CAO PRCS PRCS PRCS IT PRCS LIB FMS LIB 3,180.26 NETWORK EQUIPMENT 10,000.00 SERVICE AGREEMENT FOR PRESORT MAIL SERVICES 500.00 BOOK READING AT TET LUNAR NEW YEAR FESTIVAL 1,119.81 BATTERIES FOR NAO ROBOTS 10,000.00 COMMUNITY GUIDE & BUSINESS DIRECTORY 760.00 SOUND & STAGE SUPPORT TECHNICIAN 161 03/10/2025 ROBOTLAB INC LIB 162 03/10/2025 SANTA ANA CHAMBER OF COMMERCE 163 03/10/2025 STANFORD SOUND AND STAGE 164 03/10/2025 WILD RIVERS WATERPARK IRVINE 165 03/11/2025 AMERICAN LIBRARY LABELS LLC CDA CDA POL LIB 1,790.00 WILD RIVERS ADMISSION TICKETS FOR PAAL PROGRAM 1,194.66 LIBRARY LOCATION LABELS City Council 11 – 6 5/20/2025 No. Date Vendor Name Type Number PO 127442 PO 127444 PO 127446 PO 127447 PO 127443 PO 127440 PO 127438 PO 127445 PO 127448 PO 127449 AG N‐2025‐014 PO 127452 AG N‐2025‐034 AG N‐2025‐070 AG N‐2025‐022 PO 127455 PO 127453 PO 127454 PO 127456 PO 127458 PO 127466 PO 127467 PO 127468 PO 127469 PO 127465 PO 127460 PO 127461 PO 127463 PO 127459 PO 127462 PO 127470 PO 127471 PO 127472 PO 127474 AG N‐2025‐039 AG N‐2025‐054 AG N‐2025‐007 AG N‐2025‐032 AG N‐2025‐009 PO 127481 PO 127476 PO 127477 Agency PBA LIB Amount Description 166 03/11/2025 BLUEBEAM INC 167 03/11/2025 CDW GOVERNMENT INC 168 03/11/2025 EASYVISTA, INC. 169 03/11/2025 FIRST BOOK 170 03/11/2025 IRVINE PIPE & SUPPLY 171 03/11/2025 TPM INC 172 03/11/2025 UA FULLERTON LLC 173 03/11/2025 VECTOR USA 174 03/12/2025 CDW GOVERNMENT INC 175 03/12/2025 COSTUME SPECIALISTS 176 03/12/2025 HUYNH, CAROLYN 177 03/17/2025 FLEX SAFE USA LLC 178 03/17/2025 ORANGE COUNTY FIRE AUTHORITY 179 03/17/2025 PROUDCITY INC. $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 11,616.00 COMPLETE AECO COLLABORATION 6,364.10 NETWORK HARDWARE & SOFTWARE 2,735.00 ANNUAL SOFTWARE MAINT RENEWAL 2,070.29 VARIOUS YOUTH BOOKS 14,437.98 ADA COMPLIANT DRINKING FOUNTAINS 5,700.00 ANNUAL SOFTWARE SUBSCRIPTION 1,083.66 URBAN AIR ADMISSION TICKETS FOR PAAL PROGRAM 3,180.26 NETWORK EQUIPMENT POL LIB PWA PWA POL PRCS IT 638.75 UPS REPLACEMENT BATTERY 540.00 MASCOT COSTUMES RENTAL FEELIB LIB 500.00 BOOK READING AT TET LUNAR NEW YEAR FESTIVAL 1,676.14 ORANGE BARRICADE 60" 50,000.00 INTERAGENCY FLEET MAINTENANCE & REPAIR SERVICES ‐ OCFA 24,750.00 INTRANET WEBSITE DEVELOPMENT SERVICES 25,000.00 BACKGROUND, ADMIN & SURVEILLANCE INVESTIGATIONS 791.99 PAAL BASEBALL CAMP EQUIPMENT PWA PWA IT POL POL PRCS IT PWA PRCS POL HR 180 03/17/2025 RCS INVESTIGATIONS & CONSULTING LLC 181 03/18/2025 GOPHER 182 03/18/2025 KIEFER AQUATICS 7,461.68 AQUATICS PROGRAM SUPPLIES 183 03/18/2025 ZOHO CORPORATION 184 03/19/2025 COASTLINE EQUIPMENT 185 03/19/2025 GRAFFITI SHIELD INC 186 03/20/2025 B&H PHOTO VIDEO 187 03/20/2025 BIOMETRICS4ALL INC 188 03/20/2025 CON TODO PRESS 189 03/20/2025 CUMMINS‐ALLISON CORP 190 03/20/2025 CUT‐RATE BATTERIES LLC 191 03/20/2025 EDUCATION & OUTREACH COMPANY 192 03/20/2025 ILLINOIS LIBRARY ASSOCIATION 193 03/20/2025 ROGUE FITNESS 194 03/20/2025 TECHNOLOGY TRADERS INC 195 03/20/2025 TPM INC 196 03/21/2025 PACIFIC ATHLETIC WEAR INC 197 03/21/2025 PACKET FUSION INC 198 03/21/2025 TPM INC 199 03/24/2025 ORANGE COUNTY SCHOOL OF THE 200 03/24/2025 ORANGE COUNTY SCHOOL OF THE ARTS 201 03/24/2025 PYRO SPECTACULARS, INC. 202 03/24/2025 PYRO SPECTACULARS, INC. 203 03/24/2025 T.B. PENICK & SONS, INC. 204 03/24/2025 TCCG TECH COAST CONSULTING GROUP 205 03/25/2025 AED BRANDS, LLC 8,884.00 ANNUAL SUBSCRIPTION RENEWAL 4,723.76 SOFTWARE LICENSE & INTERFACE KIT 766.13 BIRD STRIKE FILM INSTALLATION 46,946.58 CAMERA'S AND ACCESSORIES FOR PD FORENSICS 7,079.72 LIVESCAN HARDWARE & SOFTWARE 2,423.16 BILINGUAL CHILDREN'S BOOKS 526.78 COIN COUNTER ANNUAL SERVICE CONTRACT 1,354.70 TWO WAY RADIO BATTERIES 14,988.02 WATER EDUCATIONAL MATERIALS 547.91 SUMMER PROGRAM SUPPLIES: TSHIRTS 1,127.38 GYM EQUIPMENT SLAM BALL/BIKE KIT 12,610.73 DOCUMENT SCANNERS LIB CDA POL PWA LIB POL CDA PWA POL IT PWA POL POL PRCS PRCS PRCS CDA POL PWA PWA 2,300.00 BLUE BEAM COMPLETE RENEWAL 2,175.27 PAAL YOUTH BASEBALL SHIRTS/HATS 49,500.00 VOIP PHONE SYSTEM MAINTENANCE RE 10,000.00 ANNUAL SUBSCRIPTION RENEWAL 1,965.00 PD AWARDS FOOD & BUFFET SERVICE 1,300.00 FACILITY RENTAL, POLICE DEPARTMENT AWARDS 31,650.00 PYROTECHNIC FIREWORKS PROGRAM FOR JULY 4, 2025 16,500.00 PYROTECHNIC FIREWORKS PROGRAM FOR TET FESTIVAL 151,790.00 LITHICRETE/LITHOMOSAIC PAVING, ZOO 7,500.00 PRESENTATION AT THE SANTA ANA GROW EVENT 517.81 AED BATTERIES & STAT‐PADS 206 03/25/2025 APPLE INC 207 03/25/2025 BLACKHAWK ENGAGEMENT SOLUTIONS 4,927.97 2025 YOUTH POSTER CONTEST PRIZES LAPTOPS 3,798.40 2025 YOUTH POSTER CONTEST PRIZES GIFT CARDS City Council 11 – 7 5/20/2025 No. Date Vendor Name Type Number AG N‐2025‐027 PO 127479 PO 127475 PO 127482 PO 127478 AG N‐2025‐019 PO 127483 PO 127484 PO 127485 Agency PRCS POL PWA PWA IT PRCS POL PRCS PWA Amount Description 208 03/25/2025 GARCIA, HORTENCIA 209 03/25/2025 LOCTEK INC $ $ $ $ $ $ $ $ $ 25,000.00 RECREATION ADULT DANCE AND FITNESS CLASSES 772.16 STANDING DESK & FILE CABINET 210 03/25/2025 NEWEGG BUSINESS INC 211 03/25/2025 NORCO TRAILERS 212 03/25/2025 PACKET FUSION INC 213 03/26/2025 SCAN HEALTH PLAN 214 03/27/2025 JRBADGES 764.74 2025 YOUTH POSTER CONTEST PRIZE 41,782.80 CUSTOM TRAILER FOR PD CITYWIDE DUI CHECKPOINTS 12,156.84 DESK PHONE HARDWARE & SOFTWARE 11,500.00 PARTNERSHIP AGREEMENT, SCAN HEALTH PLAN FOR CITY EVENTS 3,605.25 POLICE BADGE STICKERS 215 03/27/2025 ORIGINAL WATERMEN INC 216 03/27/2025 THE PUBLIC RESTROOM COMPANY 5,911.18 AQUATICS LIFEGUARD UNIFORMS 1,066.73 DOOR HINGES FOR PARK RESTROOM Total this period $2,960,594.33 Total fiscal year budget Percentage of budget amount $ 699,549,560.00 0.42% Agency/Department Total This Quarter FiscalYear‐to‐Date City Attorney’s Office (CAO) Clerk of the Council (COC) City Manager’s Office (CMO) Community Development (CDA) Citywide $ $ $ $ $ $ $ $ $ $ $ $ $ $ 148,508.81 $ $ $ $ $ $ $ $ $ $ $ $ $ $ 537,165.39 ‐‐ 12,346.35 86,524.32 47,036.62 70,649.89 204,901.84 129,426.89 75,815.74 572,432.40 26,616.00 771,031.86 815,303.61 2,960,594.33 528,233.37 554,097.81 842,036.62 218,049.17 271,488.92 476,490.61 285,677.47 2,059,812.98 215,917.02 1,874,978.22 3,503,728.76 11,367,676.34 Finance & Management Services (FMS) Human Resources (HR) Information Technology (IT) Library (LIB) Parks, Rec. & Comm. Services (PRCS) Planning and Building (PBA) Police (POL) Public Works (PWA) Total City Council 11 – 8 5/20/2025 Finance and Management Services www.santa-ana.org/finance Item # 12 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report May 20, 2025 TOPIC: Award a Contract to Cherry Bekaert Advisory LLC for Governmental Accounting Standards Board (GASB) Consulting Services AGENDA TITLE Contract to Cherry Bekaert Advisory LLC for Governmental Accounting Standards Board (GASB) Consulting Services (General Fund) RECOMMENDED ACTION Authorize the City Manager to execute an agreement with Cherry Bekaert Advisory LLC to provide Consulting Services to implement new GASB standards for a total amount not to exceed $156,000 for a two-year period beginning with the fiscal year ending June 30, 2025 through June 30, 2026, with a provision for three, one-year extensions for the fiscal years ending June 30, 2027, June 30, 2028, and June 30, 2029. (Agreement No. A-2025- XXX). GOVERNMENT CODE §84308 APPLIES: Yes DISCUSSION The Governmental Accounting Standards Board (GASB) issues accounting and financial reporting standards that state and local governments must follow under Generally Accepted Accounting Principles (GAAP). These standards help make financial information reliable, transparent, and comparable, so the public and decision-makers can better understand and evaluate how government funds are managed. The City of Santa Ana is required to follow GASB standards to ensure that the City’s audited Annual Comprehensive Financial Report (ACFR) is prepared in accordance with GAAP and GASB financial reporting requirements. This also helps the City remain compliant and eligible to continue receiving state and federal grant funding. In recent years, GASB has issued several complex new standards, including GASB 87 (Leases), GASB 96 (Subscription-Based Information Technology Arrangements), and GASB 101 (Compensated Absences). These new requirements have created significant challenges for many government agencies, including Santa Ana, due to their technical complexity and tight reporting timelines. City Council 12 – 1 5/20/2025 Award a contract to Cherry Bekaert Advisory LLC for GASB Consulting Services May 20, 2025 Page 2 5 0 4 2 To comply with GASB 87 and 96, the City’s Accounting Division reviews over 200 lease and technology subscription contracts each year, researches payment records, prepares detailed documentation, and makes the necessary accounting adjustments. For the current fiscal year, the Division is also responsible for implementing GASB 101, which requires a detailed review of all employee labor contracts and a new method for calculating the City’s liability for compensated absences. To help manage this additional workload and ensure the City remains in compliance with GASB requirements, staff is recommending the use of a qualified consultant to assist with implementation efforts. This approach would provide the necessary technical support to meet complex reporting requirements without delaying the City's financial reporting deadlines. A total of seven consulting firms submitted proposals in response to the Request for Proposal (RFP) No. 25-025 (Exhibit 2): Badawi & Associates, BerryDunn LLC, Cherry Bekaert Advisory LLC, Eide Bailly LLP, LSL LLP, Macias, Gini & O’Connell LLP, and The Pun Group. The seven proposals were evaluated and ranked by a Review Committee (Committee) comprised of Accounting Manager, Supervising Accountant, and Senior Accountant. The evaluation was based on the following factors: •Compliance with the requirements of the RFP, including thoroughness of proposed scope of work, value to new and/or innovative product or service suggestions, or other new ideas and enhancements •Experience, resources, and qualifications of the firm and assigned staff •Experience with similarly sized governmental agencies in providing the types of services outlined in the RFP •Reasonableness of cost budget Based on the Committee’s evaluation and interviews with top-ranked proposers, Committee selected Cherry Bekaert Advisory LLC (Cherry Bekaert) as the most qualified firm to provide the consulting services (Exhibit 3). Cherry Bekaert demonstrated a high level of technical knowledge regarding all aspects of the City’s engagement and experience in the field of governmental accounting with similarly sized governments. Unlike other consultants that share their staff across audit engagements, Cherry Bekaert has a dedicated government accounting advisory team that provides only advisory services year-round, with implementation of new GASB standards as one of the core services. In addition, they have developed templates and tools for GASB 101 that can be tailored to align with the City’s needs. Their highly experienced team will allow the City to meet its financial reporting deadlines and ensure continued compliance with complex GASB standards. As such, staff recommends contracting with Cherry Bekaert to perform GASB consulting services for a two-year period, with the option to renew for up to three additional one-year terms. A contingency of $26,000 is included to account for potential increases in City Council 12 – 2 5/20/2025 Award a contract to Cherry Bekaert Advisory LLC for GASB Consulting Services May 20, 2025 Page 3 5 0 4 2 workload, as the consultant’s proposed cost is based on the estimated number of leases or contracts reviewed each year. The actual number of documents reviewed may vary. This contingency may also be used to support implementation of future GASB pronouncements and to assist in drafting related policies and procedures. The Request for Proposal (RFP) No. 25-005 was advertised on February 24, 2025 and offers were solicited. A summary of the RFPs and offers received is as follows: 481 Vendors were notified 24 Vendors downloaded the RFP 1 Santa Ana vendors notified 7 Proposals received 1 Proposal received from Santa Ana vendor Outreach Efforts The Purchasing Division advertised this project on the City’s online bid management and publication system, which directly notified one Santa Ana vendor, one of which downloaded the RFP. The vendor based in Santa Ana submitted a proposal for consideration. However, it did not rank in the top four. Staff’s outreach efforts also included directly reaching out to consulting firms well-known in the local government circles requesting submission of proposals for the above- referenced RFP. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funding is available in the FY24-25 budget and funding for subsequent fiscal years will be included in the proposed budgets for City Council consideration. Any remaining balances not expended at the end of the fiscal year will be presented to City Council for approval as carryover. Fiscal Year Accounting Unit – Account # Fund Description Accounting Unit, Account Description Amount Contract (2-Year Term) 2024-25 01110110- 62300 General Fund FIN/MGMT SVS- Accounting, Contract Services-Professional $51,600 2025-26 01110110- 62300 General Fund FIN/MGMT SVS- Accounting, Contract Services-Professional $24,000 City Council 12 – 3 5/20/2025 Award a contract to Cherry Bekaert Advisory LLC for GASB Consulting Services May 20, 2025 Page 4 5 0 4 2 Fiscal Year Accounting Unit – Account # Fund Description Accounting Unit, Account Description Amount Optional Three One Year Extensions 2026-27 01110110- 62300 General Fund FIN/MGMT SVS- Accounting, Contract Services-Professional $25,200 2027-28 01110110- 62300 General Fund FIN/MGMT SVS- Accounting, Contract Services-Professional $26,400 2028-29 01110110- 62300 General Fund FIN/MGMT SVS- Accounting, Contract Services-Professional $28,800 Total $156,000 EXHIBIT(S) 1. Professional Services Agreement with Cherry Bekaert Advisory LLC 2. Request for Proposal (RFP) #25-025, GASB Consulting Services 3. Response to RFP #25-025 – Cherry Bekaert Advisory LLC Submitted By: Alex Trinidad, Acting Executive Director, Finance and Management Services Agency Approved By: Alvaro Nuñez, City Manager City Council 12 – 4 5/20/2025 Exhibit 1 City Council 12 – 5 5/20/2025 City Council 12 – 6 5/20/2025 City Council 12 – 7 5/20/2025 City Council 12 – 8 5/20/2025 City Council 12 – 9 5/20/2025 City Council 12 – 10 5/20/2025 City Council 12 – 11 5/20/2025 City Council 12 – 12 5/20/2025 City Council 12 – 13 5/20/2025 City Council 12 – 14 5/20/2025 City Council 12 – 15 5/20/2025 City Council 12 – 16 5/20/2025 City Council 12 – 17 5/20/2025 City Council 12 – 18 5/20/2025 City Council 12 – 19 5/20/2025 REQUEST FOR PROPOSALS NO. 25-025 FOR GOVERNMENTAL ACCOUNTING STANDARDS BOARD (GASB) CONSULTING SERVICES CITY OF SANTA ANA KEY RFP DATES: The schedule below is tentative and subject to change at the discretion of City, with appropriate notice to prospective Proposers. Issue Date: Monday, February 24, 2025 Deadline for Questions: Monday, March 3, 2025, 4:00 P.M. Proposal Due Date: Tuesday, March 18, 2025, 4:00 P.M. Exhibit 2 City Council 12 – 20 5/20/2025 CITY OF SANTA ANA TABLE OF CONTENTS I.BACKGROUND ........................................................................................................................... 3 II.OVERVIEW OF PROJECT .......................................................................................................... 3 III.TERM OF AGREEMENT ............................................................................................................. 4 IV.MINIMUM QUALIFICATIONS ...................................................................................................... 5 V.RESPONSE TO RFP .................................................................................................................. 5 VI.CERTIFICATIONS (ATTACHMENTS) ......................................................................................... 9 VII.REFERENCES ............................................................................................................................ 9 VIII. MINIMUM SCOPE AND LIMIT OF INSURANCE ....................................................................... 10 IX.SELECTION PROCEDURES & CRITERIA ............................................................................... 10 X.WITHDRAWALS........................................................................................................................ 11 XI.GENERAL TERMS AND CONDITIONS .................................................................................... 11 XII.AWARD OF AGREEMENT ........................................................................................................ 16 XIII. IMPLEMENTATION ................................................................................................................... 17 EXHIBITS Exhibits provided herein for Proposers’ reference only. EXHIBIT I – SCOPE OF SERVICES EXHIBIT II – SAMPLE AGREEMENT ATTACHMENTS A PROPOSER’S CERTIFICATION, PROPOSAL ITEM PRICING B REFERENCES C PROPOSER’S STATEMENT D NON-COLLUSION AFFIDAVIT E NON-LOBBYING CERTIFICATION F NON-DISCRIMINATION CERTIFICATION City Council 12 – 21 5/20/2025 CITY OF SANTA ANA I.BACKGROUND Incorporated in 1886, Santa Ana, a Charter City, established a Council-Manager form of government in 1952. The City Council is composed of seven members; the Mayor elected at large and six Council members elected by ward, who appoint the City Manager, City Attorney and Clerk of the Council. The City of Santa Ana (City) is a full-service City with a diverse population of approximately 310,000. The City’s eleven agencies provide all the traditional municipal services, as well as water utility, library system, 20-acre zoo, City Jail, Police Department, and contracts with the Orange County Fire Authority for provision of fire services. For the Fiscal Year (FY) 2024-25, the City employs approximately 1,200 full-time positions and has a citywide budget of $734.1 million, including the General Fund budget of $404.8 million. The City of Santa Ana is located 10 miles inland from the Pacific Ocean, 33 miles southeast of Los Angeles and 90 miles north of San Diego. The City, which is the county seat of Orange County, encompasses an area of approximately 27 square miles and is the 11th largest by population in California. For more information, please visit https://www.santa-ana.org/ II.OVERVIEW OF PROJECT The City of Santa Ana (City) is seeking proposals from qualified consultants (Proposers) to assist in the implementation of Governmental Accounting Standards Boards (GASB) Statement No. 101 (Compensated Absences) and reviewing the GASB 87 (Leases) and 96 (Subscription-Based Information Technology Arrangements (SBITA)) contracts/agreements. The selected consultant would provide comprehensive services to coordinate and complete projects by deadline specified by City staff. See EXHIBIT I for complete Scope of Services. The City anticipates a budget of $100,000 for the duration of this contract, although more funding may become available during the lifetime of the contract. The term “Vendor”, “Proposer”, and “Contractor” shall refer to any legal entity or entities submitting a proposal in response to this Request for Proposals (RFP). GASB 87 and 96: The City is currently using a cloud-based software, DebtBook, to track leases and SBITA’s. The City received white glove services from DebtBook for both GASB 87 and 96 and the initial review of agreements and data entry in DebtBook have been completed. The City has developed policies and established its materiality threshold at $100,000. The City implemented GASB 87 in FY2021-22. Approximately 80 leases were reviewed during the implementation and 25 were reported as lease receivable and liability in the FY21-22 Annual Comprehensive Financial Report (ACFR). For FY 2023-24, the City reviewed 20 new leases, updated the status of existing leases, and reported 32 leases in the ACFR. The City implemented GASB 96 in FY2022-23. Approximately 120 software agreements were reviewed during the implementation and 16 were reported as SIBTA liability in the FY22-23 ACFR. For FY2023-24, the City reviewed 13 new agreements, updated the status of existing agreements, and reported 23 agreements as SBITA liability in the ACFR. City of Santa Ana RFP No. 25-025 Page 3 of 33 City Council 12 – 22 5/20/2025 CITY OF SANTA ANA GASB 101 The City had ten employee groups with paid time-off benefits for FY23-24 ACFR: 1.Confidential Administrative Management (CAM), 2.Confidential Association of Santa Ana (CASA), 3.Confidential Middle Management (CMM), 4.Executive Management (EM), 5.Santa Ana Police Management Association (PMA), 6.Santa Ana Police Officers Association (POA), 7.Santa Ana Management Association (SAMA), 8.Service Employees International Union Local 721 (SEIU) General Employees (Full- Time), 9.SEIU General Employees Part-time Civil Service (SEIU PTCS), and 10. Appointed Officials. The labor contracts are posted on the City’s website: https://www.santa-ana.org/employee- relations/labor-contracts. For FY 2023-24 ACFR, a total of 1,200 employees were included in the compensated absences liability: III.TERM OF AGREEMENT The anticipated term of the agreement is for an initial period of two (2) years. The City may, at its discretion, extend the agreement with the same or more limited scope of required services for three (3) additional one (1) year periods, upon mutual agreement contingent upon City Council approval, or City Manager or City Attorney authorization, as appropriate. The total term of the awarded agreement shall not exceed five (5) years. Usage is not guaranteed. Execution of an agreement between the City and successful firm(s) and/or individual(s) does not guarantee work throughout the duration of the contract period. Numerous factors will be evaluated by the City in its delivery of project and assignments, including technical expertise required. Employee Group # of Employees Compensated Abs CAM 3 70,140 CASA 66 806,220 CMM 2 137,799 EM 11 1,054,907 PMA 22 3,718,327 POA 484 19,751,014 SAMA 67 3,402,965 SEIU 543 8,322,212 SEIU PTCS 1 92 Appointed Officials 1 40,988 Total 1,200 37,304,664$ City of Santa Ana RFP No. 25-025 Page 4 of 33 City Council 12 – 23 5/20/2025 CITY OF SANTA ANA IV.MINIMUM QUALIFICATIONS 1)Contractor must have been in business continuously for the most recent five (5) years prior to the date of this RFP. 2)Minimum of two (2) most recent years of experience performing similar services as those detailed in the Scope of Services section of this RFP. 3)Staff assigned to the engagement shall have a minimum of three (3) years of experience in governmental accounting and auditing, including GASB implementation experience. Managers or supervisors assigned to the engagement shall have a minimum of five (5) years of experience. Partners assigned to the engagement shall have a minimum of eight (8) years of experience. V.RESPONSE TO RFP A.SUBMITTAL INSTRUCTIONS It is the responsibility of the Proposer to ensure that any proposals submitted have been uploaded to PlanetBids prior to the RFP due date and time. Proposals, including all required sections and forms, shall be submitted electronically via the City’s Bid Management System, PlanetBids. No other form of submittal will be accepted. PlanetBids will not accept late proposals and no exceptions shall be made. Proposers will receive an e-bid confirmation number with a time stamp from PlanetBids indicating that their proposal was submitted successfully. The City will only receive and consider those proposals that were transmitted successfully. Submit proposal online at: http://www.planetbids.com/portal/portal.cfm?CompanyID=20137. Proposer shall be solely responsible for informing itself with respect to the proper utilization of the bid management system, for ensuring the capability of their computer system to upload the required documents, and for the stability of their internet service. Failure of the Proposer to successfully submit an electronic proposal shall be at the Proposer’s sole risk and no relief will be given for late and/or improperly submitted proposals. Proposers experiencing any technical difficulties with the bid submission process may contact PlanetBids at (818) 992- 1771. Questions of an operational nature may be directed to the City’s assigned Buyer. Neither the City, nor PlanetBids, makes any guarantee as to the timely availability of assistance, or assurance that any given problem will be resolved by the bid submission deadline. Proposals shall NOT be sent via telegraphic, electronic, or facsimile means. All notifications, updates and addenda will be posted online on PlanetBids at https://www.planetbids.com/portal/portal.cfm?CompanyID=20137. Proposers shall be responsible for monitoring the site to obtain information regarding this solicitation. Failure to respond to required updates may result in a determination of a nonresponsive proposal. B.COMMUNICATION / CONTACT WITH CITY STAFF Unless otherwise authorized herein, Proposers who are considering submitting a proposal in response to this RFP, or who submit a proposal in response to this RFP, are only to City of Santa Ana RFP No. 25-025 Page 5 of 33 City Council 12 – 24 5/20/2025 CITY OF SANTA ANA communicate with the assigned Project Coordinator(s), and no other City staff about this RFP from the date this RFP is issued until a contract is awarded. The City will provide all official communication concerning this RFP in writing via the City’s Bid Management System, PlanetBids. The City will not be responsible for or bound by any oral communication or any other information or contact that occurs outside the official communication process specified herein, unless confirmed in writing by the designated Project Manager(s). C.REQUEST FOR INFORMATION OR CLARIFICATION / QUESTIONS Questions regarding this RFP shall be submitted via PlanetBids. Responses to all questions will be posted on PlanetBids no later than the date and time shown at the schedule of key RFP dates on the cover page of this RFP. All prospective Proposers are advised to visit PlanetBids on a regular basis as responses may be posted earlier than the date above (if applicable). No verbal requests or responses will be accepted. Significant interpretations or clarifications will be addressed via addenda to this RFP. Significant interpretations or clarifications and responses to questions received by the deadline will be addressed via addenda to this RFP, which will be released and posted on PlanetBids under the “Addenda/Emails” tab. General process questions may be directed to the following: Jacques Lam Buyer Email: JLam@santa-ana.org D.EXCEPTIONS Requests submitted for City’s consideration of proposed terms and conditions, including modifications to the City’s RFP and/or Contract terms and conditions must be submitted by the deadline for questions. Such requests should include an attachment in Word or PDF format on formal company letterhead that shows the requested modifications. Should the Proposer be considered for award recommendation and progress into the negotiations phase, the requests for exceptions or modifications to the City’s terms and conditions will be discussed at that time. The City will not accept any requests after the deadline for questions and reserves the right to reject or strike any requests for exceptions or additional terms and conditions related to Agreement, RFP, and insurance and indemnification terms and conditions. E.ADDENDA Any changes in RFP from the date of release to date of submittal will result in an addendum or amendment. Notification of such addendum or amendment shall be posted on City’s PlanetBids system, https://www.planetbids.com/portal/portal.cfm?CompanyID=20137. Proposers shall be responsible for monitoring the site to obtain information regarding this solicitation. F.UNDERSTANDING PROPOSAL It is the responsibility of each Proposer to inquire about any criteria, condition, term, provision, or requirement of the RFP that the Proposer does not understand. Responses to inquiries, if they significantly change or clarify the RFP requirements or any aspect of the procurement City of Santa Ana RFP No. 25-025 Page 6 of 33 City Council 12 – 25 5/20/2025 CITY OF SANTA ANA process, will be forwarded by addenda to all Proposers. The City will not be bound by any oral responses to inquiries. By submitting proposals, Proposers assert that they have fully read the RFP and any addenda issued by the City, the proposed Contract and any other Contract Documents, and affirm that the terms and conditions stated therein are fully understood and are acceptable to the Proposer. Each Proposer accepts the terms and conditions of the Contract Documents and indicates their ability and willingness to perform the requested services under such terms and conditions. Any exceptions to the terms and conditions set forth in the Contract Document shall be submitted to the City by the deadline to submit requests for information or clarification/questions set forth herein. G.PROPOSAL CONTENTS Proposals are to be prepared in such a way as to provide a straightforward, concise delineation of capabilities to satisfy the requirements of this RFP. Colored displays, promotional materials, photographs etc., are not necessary or desired. Emphasis should be concentrated on conformance to RFP instructions, responsiveness to the RFP requirements, and on completeness and clarity of content. Digital dividers and clear organization of content and material are encouraged. 1.Statement of Qualifications (SOQ) SOQ must include a Table of Contents and be limited to a maximum of 20 pages (excluding section dividers and exhibits). The page limitation includes all appendices, attachments, and supplemental information. Additionally, SOQ must include the following: a.Cover Letter Proposals shall include a letter signed by a principal or authorized representative who can make legally binding commitments for the entity. Include type of business entity. Cover Letter shall not exceed one page. Cover letter must be addressed to the following City Project Manager: Sarah Ro, Accounting Manager City of Santa Ana – Finance and Management Services 20 Civic Center Plaza Santa Ana, CA 92701 b.Services Provided A description of proposed services to be provided and how they meet the needs of the City as described in Exhibit I – Scope of Services. c.Agreement Statement Proposal shall include a statement outlining your concurrence or reference to concerns previously submitted with any and all provisions as contained in EXHIBIT II – Sample Agreement of this RFP (if any). d.Firm and Team Experience Proposal shall include a profile of the firm’s experience including the following: i.A general description of the firm, including size and number of employees working directly with the City on this agreement. City of Santa Ana RFP No. 25-025 Page 7 of 33 City Council 12 – 26 5/20/2025 CITY OF SANTA ANA ii.Firm’s nearest address serving the City of Santa Ana and headquarters address. iii.Name and contact information of the supervising Project Manager/Principal Agent, to be assigned to the agreement. The Project Manager/Principal Agent shall be the primary contact person to represent your firm and will be the person to conduct the presentation, if invited to an interview. iv.Resumes for all key staff proposed describing relevant experience. v.A description of the Proposer’s experience in providing similar services to those requested in this RFP. e.Proposed Work Plan Proposal shall include a statement demonstrating the firm’s understanding of the Scope of Services. Additionally, proposed work plan shall include Proposers’: i.Anticipated approach to performing services as specified herein; ii.Suggestions or special concerns the evaluation committee should take into consideration (if any); iii.Description of deliverables and implementation plan. Proposer shall submit a general description of the deliverables, implementation plan, and timeline. iv.Data requirements from the City, if any f.References: Attachment B – References shall be submitted for similar projects performed for state and/or similar government clients. 2.Cost Proposal All Proposers are required to submit a fixed rate fee with their Cost Proposal, which contain: a.A cost breakdown by contract year (including renewal option term if exercised) for each of the three GASB pronouncements listed in the scope. b.A listing of billing rates, by staffing level, which would apply to any supplemental services which may be requested by the City during the term of this contract. Pricing instructions should be clearly defined to ensure fees proposed can be compared and evaluated. Cost Proposal must include a payment schedule if applicable. City reserves the right to negotiate compensation and/or payment schedule prior to award of any resulting agreement. The City shall 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. Additional costs will not be considered and will not be reimbursed by the City, therefore, such costs must be absorbed in Proposer’s cost proposal fee structure. City of Santa Ana RFP No. 25-025 Page 8 of 33 City Council 12 – 27 5/20/2025 CITY OF SANTA ANA Any language related to travel reimbursement shall be stricken from the document by the City and if not stricken, shall be deemed invalid. If providing hourly rate sheets, Proposer shall not include rate ranges or averages. Proposals shall be valid for a minimum of one hundred eighty (180) days following Proposal deadline. The cost for developing the Proposal is the sole responsibility of the Proposer. All Proposals submitted become property of the City. Pricing shall remain firm for the entire initial Agreement term. Thereafter, any proposed pricing adjustment for follow-on renewal periods shall be submitted to the City Representative in writing at least ninety (90) days prior to the new Agreement term. The City reserves the right to accept, reject, or negotiate any proposed pricing adjustment not to exceed the Bureau of Labor Statistics Consumer Price Index (CPI) data as follows: Los Angeles-Long Beach-Anaheim, CA; All Urban Consumers; Not Seasonally Adjusted; annualized change comparing the most recent month’s reported data to the same month of the prior year. (This information may be found on the U.S. Department of Labor’s website at www.bls.gov.) VI.CERTIFICATIONS (ATTACHMENTS) In addition to the SOQ, Narrative/Technical Proposal, and Cost Proposal, the following forms, included in this RFP, shall be signed and included as part of the proposal submittal package: •Attachment A: Proposer’s Certification and Proposal Item Pricing •Attachment B: References •Attachment C: Proposer’s Statement •Attachment D: Non-Collusion Affidavit •Attachment E: Non-Lobbying Certification •Attachment F: Non-Discrimination Certification The proposal must be completely responsive to the RFP. Incomplete proposals will be deemed as nonresponsive and will be rejected. The City reserves the right to reject any or all proposals submitted and no representation is made hereby that any commitment will be awarded pursuant to this RFP or otherwise. PLEASE NOTE: •All forms above must be signed by a representative of the Firm that is legally authorized to contractually bind the Proposer. •City will not waive notarization requirement when applicable on any of the required attachments. VII.REFERENCES Contractor shall provide three (3) references from other similar public agencies for which services similar to those specified in this RFP have been performed, including contact names and telephone numbers. Use ATTACHMENT B – References. The respondent grants permission for the City to contact any individuals listed as references. City of Santa Ana RFP No. 25-025 Page 9 of 33 City Council 12 – 28 5/20/2025 CITY OF SANTA ANA City may disqualify a Proposer if: •References fail to substantiate Proposer’s description of services and deliverables provided; or •References fail to support that Proposer has a continuing pattern of providing capable, productive, and skilled personnel, or •City is unable to reach the point of contact with reasonable effort. It is the Proposer’s responsibility to inform the point of contact(s) of normal City working hours. VIII.MINIMUM SCOPE AND LIMIT OF INSURANCE See Exhibit II – Sample Agreement IX.SELECTION PROCEDURES & CRITERIA A.Evaluation: The City will establish a proposal review committee. The review committee will evaluate proposals based on the response to the RFP, which includes adherence to outlined directions and format, and the City evaluation criteria set forth below. B.Scoring Criteria: Proposers will be ranked by the review committee based on the following criteria: CATEGORY POINTS Responsiveness to RFP •Proposal’s compliance with the requirements of this RFP. •Scope of Services offered including ability to provide optional services. •The value to any new and/or innovative product or service suggestions or other new ideas and enhancements. 15 Experience of Firm and Personnel •The experience, resources, and qualifications of the firm and individuals assigned to this account, including manager, supervisor and assigned staff. 40 Relevant Project Experience •Experience with similarly sized governmental agencies in providing the types of services outlined in this RFP 25 Reasonableness of Cost •Cost of delivering specified services is consistent with industry standards.20 TOTAL POSSIBLE SCORE (Before interviews – if held) 100 City of Santa Ana RFP No. 25-025 Page 10 of 33 City Council 12 – 29 5/20/2025 CITY OF SANTA ANA C. Rankings: A final score will be calculated for each submitted proposal and used to rank Proposers. Based upon the foregoing criteria, all proposals shall be ranked by score. Only those proposals receiving a score above 70 will be considered for award. The City reserves the right to award the contract to any proposer(s) with a score above 70. The review committee will evaluate proposers based on their response to the RFP and the City evaluation criteria set forth above. D. Interviews: The review committee may invite the proposers to interview. If invited to interview, Proposers must be prepared to include key personnel in the interview and/or presentation. The City reserves the right to seek additional information from any or all Proposers invited to present proposals. A final score will be calculated for each submitted proposal and used to rank Proposers. City reserves the right to begin negotiations and enter into a contract without holding interviews, or further discussions. E. Selection: The City is under no obligation to accept any proposal and reserves the right to negotiate with respondents as to fees and terms. The City may reject proposals at its sole discretion. If proposal fails to satisfy any requirements outlined in this RFP, it may be considered non-responsive and may be rejected. The City shall not be obligated to accept the lowest priced proposals, but will make awards in the best interests of the City after all factors have been evaluated. The review committee will recommend the qualified Proposers to the City Council or City Manager for award of contract, as appropriate. X. WITHDRAWALS Proposers are responsible for verifying all prices and information before submitting a proposal. Prior to the proposal due date, the Proposer or Proposer’s representative may withdraw the proposal by providing written notice of the proposal withdrawal to the City Contact/Project Manager. Verbal or telephonic withdrawals are not permissible. XI. GENERAL TERMS AND CONDITIONS A. AMERICANS WITH DISABILITIES ACT The awarded Contractor hereby certifies that it will comply, as applicable, with the Americans with Disabilities Act of 1990 (“ADA”), 42 USC §§ 12101 et seq., and its implementing regulations, including Subtitle A, Title II of the ADA. Contractor will not discriminate against persons with disabilities nor against persons due to their relationship to or association with a person with a disability. Any contract entered into by the awarded Contractor (or any subcontract thereof), relating to this RFP, shall be subject to the provisions of this paragraph. Interviews • The City reserves the right to conduct interviews with the highest-rated firm(s). In the event the City does perform an interview process, the following is the maximum number of additive points that may be applied to the proposal score. Total possible score may exceed 100 points. 20 City of Santa Ana RFP No. 25-025 Page 11 of 33 City Council 12 – 30 5/20/2025 CITY OF SANTA ANA B. CITY BUSINESS LICENSE The selected proposer must obtain a City of Santa Ana Business License prior to the execution of a contract and must provide a copy to the Buyer assigned to this RFP. The awarded party shall maintain a current business license throughout the term of the resulting contract. Procedure to obtain a City of Santa Ana Business License is available by contacting the Finance and Management Services, Business Tax Office at (714) 647-5447 or on the City’s website: www.santa-ana.org C. CITY RIGHT TO REJECT The City reserves the right to reject any or all proposals submitted and no representation is made hereby that any agreement will be awarded pursuant to this RFP or otherwise. The City reserves the right to accept or reject the combined or separate components of this proposal in part or in its entirety or to waive any minor inconsistency, informality or technical defect in the proposal. D. CONFLICT OF INTEREST Contractor shall exercise reasonable care and diligence to prevent any actions or conditions that could result in a conflict with the best interests of the City. This obligation shall apply to the Contractor; the Contractor’s employees, agents, and Subcontractors associated with accomplishing work and services hereunder. The Contractor’s efforts shall include, but not be limited to, establishing precautions to prevent its employees, agents, and Subcontractors from providing or offering gifts, entertainment, payments, loans or other considerations which could be deemed to influence or appear to influence City staff or elected officers from acting in the best interests of the City. Each Proposer must disclose any existing or potential conflict of interest relative to the performance of the contractual services resulting from this RFP. Any such relationship that might be perceived or represented as a conflict should be disclosed. The City reserves the right to disqualify any Proposer on the grounds of actual or apparent conflict of interest. No person, firm, or subsidiary thereof who has been awarded this Contract may be awarded a Contract for the provision of services, the delivery of supplies, or the provision of any other related action which is required, suggested, or otherwise deemed appropriate as an end product of this Contract. Therefore, Contractor is precluded from contracting for any work recommended as a result of this Contract. E. CONTRACTOR’S EXPENSE Pre-Contractual Expenses: The City is not liable for any costs incurred by Proposers prior to entering into a formal contract. Costs of developing a response to this RFP, are entirely the responsibility of the Proposer, and shall not be reimbursed in any manner by the City. Pre- contractual expenses are not to be included in the cost proposal. Pre-contractual expenses include, but are not limited to, preparation of the proposal, submission of the proposal and additional information, attendance at pre-proposal conference, negotiating any matter related to this RFP with City, and/or any other expenses incurred by the Proposer prior to the date of award and execution, if any, of the contract. Other Expenses: The Contractor will be responsible for all costs related to photo copying, telephone communications, fax communications, and parking while on City sites during the performance of work and services under this Contract. City of Santa Ana RFP No. 25-025 Page 12 of 33 City Council 12 – 31 5/20/2025 CITY OF SANTA ANA F. CONTRACTOR’S PROJECT MANAGER/KEY PERSONNEL Except as formally approved by the City, the key personnel identified in Contractor’s proposal shall be the individuals who will actually complete the work. Changes in staffing must be reported in writing and approved by the City. The City shall have the right to require the removal and replacement of the Contractor’s Project Manager and key personnel under the awarded contract. The City shall notify the Contractor in writing of such action. The City is not required to provide any reason, rationale, or additional factual information if it elects to request any specific key personnel be removed from performing services under the awarded contract. The City shall review and approve the appointment of the replacement for the Contractor’s personnel. Said approval shall not be unreasonably withheld. Standards of Conduct: Contractor’s personnel shall be courteous and maintain good working relationships with all stakeholders, state or outside agencies, other team members and staff within the City. G. COST PROPOSAL The awarded Contractor agrees to provide the purchased services at the costs, rates, and fees as set forth in their Fee Schedule in response to this RFP. No other costs, rates or fees shall be payable to the awarded Subcontractor for implementation of their proposal. H. DATA RETENTION Contractor shall be responsible for retaining data, records, and documentation for the preparation of required items. These materials shall be made available to and as requested by City. All materials, documents, data or information obtained from the City Data files or any City medium furnished to Contractor in the performance of an awarded contract will at all times remain the property of the City. Such data or information may not be used or copied for direct or indirect use by Contractor after completion or termination of this Contract without the express written consent of the City. All materials, documents, data or information, including copies, must be returned to the City at the end of the contract. All data, documents and other products used, developed, or produced during response preparation of the RFP will become property of the City. All responses to the RFP shall become property of the City. Proposer information identified as proprietary shall be maintained confidential, to the extent allowed under the California Public Records Act. I. DRUG-FREE WORKPLACE The awarded Contractor certifies compliance with Government Code Section 8355 in matters relating to providing a drug-free workplace. Failure to comply with these requirements may result in suspension of payments under the Contract or termination of the contract or both, and the Contractor may be ineligible for award of any future City contracts. J. EXAMINATION Proposer represents that it has thoroughly examined and become familiar with the services and responsibilities required this RFP and that it is capable of effectively and efficiently performing quality work to achieve the City’s objectives. Any attachments referenced herein or any interpretations, clarifications or amendments subsequently posted in relation to this RFP are fully incorporated. City of Santa Ana RFP No. 25-025 Page 13 of 33 City Council 12 – 32 5/20/2025 CITY OF SANTA ANA Any irregularities or lack of clarity in the RFP should be brought to the designated City Contact/Project Manager’s attention as soon as possible so that corrective addenda may be furnished to prospective Proposers. Proposals which appear unrealistic in the terms of technical commitments, lack of technical competence, or are indicative of failure to comprehend the complexity and risk of this contract, may be rejected. K. EXECUTION OF AGREEMENT Upon successful negotiations, the City and the selected Proposer will enter into an Agreement similar to that as shown in EXHIBIT II – Sample Agreement of this RFP. If a Proposer is unwilling or unable to execute an Agreement within thirty (30) days after being notified of selection under this RFP, the City reserves the right to disqualify them without any further obligation L. FISCAL NONFUNDING CLAUSE In the event sufficient budgeted funds are not available for a new fiscal period, the City shall retain the right to notify the provider of such occurrence in writing at least thirty (30) days before the end of the current fiscal period and terminate the contract on the last day of the current fiscal period without penalty or expense to the City. M. INDEPENDENT CONTRACTOR Contractor is considered an independent Contractor and neither Contractor, its employees, nor anyone working under Contractor will be considered an agent or an employee of City. Neither Contractor, its employees, nor anyone working under Contractor, will qualify for workers’ compensation or other fringe benefits of any kind through City. N. JOINT OFFERS/SUBCONSULTANTS Where two or more Proposers desire to submit a single proposal in response to this RFP, they should do so on a prime sub-consultant basis. The City intends to contract with a single firm, also known as the prime, and not with multiple firms doing business as a joint venture. Should the use of sub-consultants be offered, the Proposer shall provide the same assurances of competence for the sub-consultant plus the demonstrated ability to manage and supervise the subcontracted work. Sub-consultants shall not be allowed to further subcontract with others for work under the Agreement. The provisions of the Agreement shall apply to all sub-consultants in the same manner as the Proposer. The proposer is responsible for all the actions taken by their sub-contractor. The City reserves the right to reject, replace and approve any and all Subcontractors. All Subcontractor(s) shall be identified in the response to the RFP and the City reserves the right to reject any proposed Subcontractor(s). Subcontractors shall be the responsibility of the prime Contractor and the City shall assume no liability of such Subcontractors. O. LITIGATION STATUS Each Proposer must include in its proposal a complete disclosure of any alleged significant prior or ongoing contract failures, any civil or criminal litigation or investigation pending which involves the Proposer or in which the Proposer has been judged guilty or liable. Failure to comply with the terms of this provision will disqualify any proposal. The City reserves the right to reject any proposal based upon the Proposer’s prior history with the City or with any other party, which documents, without limitation, unsatisfactory performance, adversarial or City of Santa Ana RFP No. 25-025 Page 14 of 33 City Council 12 – 33 5/20/2025 CITY OF SANTA ANA contentious demeanor, significant failure(s) to meet contract milestones or other contractual failures. P. NEGOTIATIONS The City reserves the right to negotiate final contract terms with any Proposer selected. The contract between the parties will consist of the RFP together with any modifications thereto, and the awarded Contractor’s proposal, together with any modifications and clarifications thereto that are submitted at the request of the City during the evaluation and negotiation process. In the event of any conflict or contradiction between or among these documents, the documents shall control in the following order of precedence: the final executed contract, the RFP, any modifications and clarifications to the awarded Contractor’s proposal, and the awarded Contractor’s proposal. Specific exceptions to this general rule may be noted in the final executed contract. Negotiations shall be confidential and not subject to disclosure to competing Contractors unless and until an agreement is reached. If contract negotiations cannot be concluded successfully, the City reserves the right to negotiate a contract with another Contractor or withdraw the RFP. Q. NON-PAYMENTS Note that payments will NOT be made for any unsatisfactory work until corrected. In the event of nonpayment of undisputed sums by the City, Contractor shall give the City thirty (30) working days to cure the alleged breach. R. OWNERSHIP OF DOCUMENTS The City has permanent ownership of all directly connected and derivative materials produced under this contract by the Contractor. All documents, reports and other incidental or derivative work or materials furnished hereunder shall become and remains the sole property of the City and may be used by the City as it may require without additional cost to the City. Contractor shall provide the City copies of documents upon its request at any time. None of the documents, reports and other incidental or derivative work or furnished materials shall be used by the Contractor without the express written consent of the City. S. PARKING The City will not provide free parking and/or reimbursement for the cost of parking while providing services and conducting business with the City. T. PROFESSIONAL STANDARDS Contractor staff shall be courteous to the public and City staff utilizing facilities where Contractor is performing work, but shall be responsive only to the requests of the City’s Project Manager or designee. Contractor staff shall direct all inquiries to Project Manager or designee. Contractor acknowledges that City locations consist of public-use facilities and recognizes the obligation to ensure Contractor personnel and agents maintain the highest level of professional standards in attire, decorum, and interaction with the public and City personnel. U. PROJECT MANAGER The selected Proposer will assume responsibility for all services in its proposal. The selected Proposer shall identify a sole point of contact, Project Manager, with the greatest City of Santa Ana RFP No. 25-025 Page 15 of 33 City Council 12 – 34 5/20/2025 CITY OF SANTA ANA knowledge in regard to the required service operations and contractual matters, including payment of any and all charges resulting from the Agreement. V. PROPOSAL VALIDITY Services, pricing, and warranties indicated in a Proposer’s Proposal must be valid for a period of 180 days at minimum after the submission of the Proposal. W. PUBLIC AGENCIES Other public agencies, as defined by California Government Code Section 6500, may choose to use the terms of this Contract, subject to Contractor’s acceptance. The City is not liable or responsible for any obligations related to a subsequent contract between Contractor and another public agency. X. PUBLIC RECORDS Proposals will become public record after the award of a contract unless the proposal or specific parts of the proposal can be shown to be exempt by law. Each Proposer may clearly label all or part of a proposal as "CONFIDENTIAL" provided that the Proposer thereby agrees to indemnify and defend the City for honoring such a designation. The failure to so label any information that is released by the City shall constitute a complete waiver of any and all claims for damages caused by any release of the information. Proposer information identified as proprietary shall be maintained confidential, to the extent allowed under the California Public Records Act. Y. SUBCONTRACTORS Proposals in response to this RFP must identify any Subcontractors, and outline the contractual relationship between the Awarded Subcontractor and each Subcontractor. An official of each proposed Subcontractor must sign, and include as part of the proposal submitted by the Prime Contractor, a statement to the effect that the Subcontractor has read and will agree to abide by the awarded Contractor’s obligations. Any Subcontractor proposed after award of contract must be approved by the City before commencement of work. The City will look solely to the awarded Contractor for the performance of all contractual obligations which may result from an award based on this RFP, and the awarded Contractor shall not be relieved for the non-performance of any or all Subcontractors. XII. AWARD OF AGREEMENT Selected Contractor(s) will be notified in writing. Any award is contingent upon the successful negotiation of final contract terms. A. EXECUTION OF AGREEMENT A standard agreement is included as EXHIBIT II Sample Agreement of this RFP. “Proposer” will hereinafter be referred to as “Consultant” or “Contractor” in standard agreement. The term of the agreement will begin after the agreement is fully executed, and all required bonds, insurance documents and contents of the payment information packet have been received and approved. City of Santa Ana RFP No. 25-025 Page 16 of 33 City Council 12 – 35 5/20/2025 CITY OF SANTA ANA XIII. IMPLEMENTATION A. KICK-OFF MEETINGS The successful proposer will be required to meet with City staff prior to commencement of services or at any time as required by the City, to discuss and agree on operational issues including transition of services and scheduling. City of Santa Ana RFP No. 25-025 Page 17 of 33 City Council 12 – 36 5/20/2025 CITY OF SANTA ANA Consultant shall perform services as set forth below. A. General Planning and Reporting 1. Before commencing work, Consultant shall meet with City staff to: a. Clarify the intended goals and purpose(s), b. Gain an understanding of City operations, and c. Establish responsibilities. B. Essential duties include but are not limited to: 1. GASB 87 and GASB 96 a. Data collection b. New contracts/agreements review c. Review status of existing contracts/agreements d. Update a comprehensive list of all agreements reviewed and indicate whether they are reported in the ACFR and provide reasons and documentation to support the decision e. Selection and review of discount rate using a template provided by DebtBook f. Update data in DebtBook g. Preparation of journal entries and ACFR footnote disclosure using DebtBook 2. GASB 101 a. Review the City’s current practice and compensated absences liability b. Determine the most appropriate methodology to implement the new standards c. Data collection including determining historical trends, information about current and expected future eligibility and usage d. Calculation of year-end compensated absences e. Preparation of year-end schedules, journal entries, and footnote disclosure f. Annual review and update 3. Supplemental services contingent upon availability of funds: a. Assist City staff with implementation of future GASB pronouncements b. Review, update, or draft policies and procedures related to GASB implementation. C. Subcontracting Should any firm submitting a proposal consider subcontracting portions of the engagement, that fact must be clearly identified in the proposal along with the name of the proposed subcontractor(s). Following the award of the audit contract, no additional subcontracting will be allowed without prior written consent by the City’s Executive Director of Finance and Management Services. EXHIBIT I SCOPE OF SERVICES City of Santa Ana RFP No. 25-025 Page 18 of 33 City Council 12 – 37 5/20/2025 CONSULTANT AGREEMENT CITY OF SANTA ANA THIS AGREEMENT is made and entered into on this ____ day of ______, 20_ by and between ___________________________________________________________, (“Consultant”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”). RECITALS A. The City desires to retain a Consultant having special skill and knowledge in the field of: B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Services - Exhibit A, attached hereto and incorporated by reference. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in Compensation - Exhibit B. The total amount to be expended during the term of this Agreement shall not exceed $xx. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. City and Consultant agree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH) transfers. Consultant agrees to execute the City’s standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Consultant’s account(s) with financial institutions. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by EXHIBIT II SAMPLE AGREEMENT City of Santa Ana RFP No. 25-025 Page 19 of 33 City Council 12 – 38 5/20/2025 City. 3. TERM This Agreement shall commence on “the date first written above” for a number (2) year term with the option for the City to grant up to three (1)-year renewals, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent Consultant and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents & Data”). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall 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 Consultant. MINIMUM SCOPE AND LIMIT OF INSURANCE 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence and $2,000,000 aggregate. Required policy limits can be met with primary and umbrella/excess insurance policies. 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 Consultant does not maintain City of Santa Ana RFP No. 25-025 Page 20 of 33 City Council 12 – 39 5/20/2025 commercial automobile liability insurance, City will accept evidence of personal automobile insurance. 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. Coverage is not required if Consultant has no employees and signs request to waive such insurance. 4. Professional Liability Insurance: with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 aggregate. If Consultant maintains broader coverage and/or higher limits than the minimum requirements for each line of coverage shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City. Other Insurance Provisions The above required insurance policies are to contain or be endorsed to contain the following provisions: 1. City, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds, under Consultant’s Commercial General Liability, 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. 2. Consultant’s Insurance company(ies) agrees to waive all rights of subrogation for Commercial General Liability and Workers’ Compensation against City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from work performed by Consultant under this Agreement. 3. For any claims related to this contract, Consultant’s insurance coverage shall be primary and any insurance maintained by City, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it. 4. A severability of interest provision must apply for all the additional insureds, ensuring that Consultant’s insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer’s limits of liability. 5. 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: (Name of Department Staff Responsible for Agreement), Address of Department Responsible for Agreement, M-XX, 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 Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the State of California with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to City. City of Santa Ana RFP No. 25-025 Page 21 of 33 City Council 12 – 40 5/20/2025 Verification of Coverage Consultant shall furnish City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive Consultant’s obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Special Risks or Circumstances City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 7. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the 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 Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent 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 Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States’ letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 9. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of City of Santa Ana RFP No. 25-025 Page 22 of 33 City Council 12 – 41 5/20/2025 such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 10. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. “Confidential Information” shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 12. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and 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 Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written City of Santa Ana RFP No. 25-025 Page 23 of 33 City Council 12 – 42 5/20/2025 consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City’s ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 15. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 18. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 19. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: City of Santa Ana RFP No. 25-025 Page 24 of 33 City Council 12 – 43 5/20/2025 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, ------- Agency City of Santa Ana 20 Civic Center Plaza (M-xx) P.O. Box 1988 Santa Ana, California 92702 Fax: 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. 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. First & Last Name Title Consultant Firm Name Address City, State, Zip Fax: City of Santa Ana RFP No. 25-025 Page 25 of 33 City Council 12 – 44 5/20/2025 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 CONSULTANT: City Attorney By: Assistant City Attorney (title) Tax ID# RECOMMENDED FOR APPROVAL: Executive Director [INSERT] Agency SAMPLE ONLY (name) (title) City of Santa Ana RFP No. 25-025 Page 26 of 33 City Council 12 – 45 5/20/2025 Certification - I certify that I have read, understand and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Services (Exhibit I) and am qualified to provide services being requested as specified herein. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal. PROPOSER’S STATEMENT: I have read, understood and agree to the terms and conditions on all pages of the Request for Proposals. Upon request, I will transfer and deliver goods or services to the City in accordance with said terms and conditions. __________________________________________________________________________________ LEGAL NAME OF COMPANY PHONE AND FAX NUMBERS __________________________________________________________________________________ BUSINESS ADDRESS __________________________________________________________________________________ PRINTED NAME OF AUTHORIZED AGENT TITLE __________________________________________________________________________________ SIGNATURE OF AUTHORIZED AGENT DATE E-MAIL ADDRESS __________________________________________________________________________________ FEDERAL ID NUMBER (IF APPLICABLE) CONTRACTOR LICENSE NUMBER (IFAPPLICABLE) THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. ATTACHMENT A PROPOSER’S CERTIFICATION, PROPOSAL PRICING City of Santa Ana RFP No. 25-025 Page 27 of 33 City Council 12 – 46 5/20/2025 List and describe fully the contracts performed by your firm which demonstrate your ability to provide the supplies, equipment or services included in the scope of the proposal specifications. Attach additional pages if required. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications. REFERENCE Customer Name:_________________________Contact Individual: ____________________________ Address: ________________________________Phone Number: _______________________________ EMAIL: ____________________________________ Contract Amount: ________________________Year: ______________________________________ Description of supplies, equipment, or services provided: __________________________________________________________________________________ REFERENCE Customer Name:_________________________Contact Individual: ____________________________ Address: ________________________________Phone Number: _______________________________ EMAIL: ____________________________________ Contract Amount: ________________________Year: ______________________________________ Description of supplies, equipment, or services provided: __________________________________________________________________________________ REFERENCE Customer Name:_________________________Contact Individual: ____________________________ Address: ________________________________Phone Number: _______________________________ EMAIL: ____________________________________ Contract Amount: ________________________Year: ______________________________________ Description of supplies, equipment, or services provided: THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. ATTACHMENT B REFERENCES City of Santa Ana RFP No. 25-025 Page 28 of 33 City Council 12 – 47 5/20/2025 Proposer understands and agrees that this written RFP (or any part thereof specifically designated and accepted by the City of Santa Ana, hereinafter City) shall constitute the entire agreement between proposer and the City only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Executive Director or his duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to proposer or deposited with the United States Postal Service properly addressed to the proposer with the correct postage affixed thereto. Proposer further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish City all required bonds and certificate of liability insurance within ten (10) days (excluding Saturdays, Sundays and City’s legal holidays), or the funds, check, draft, or proposer’s bond substituted in lieu thereof accompanying this proposal shall become the property of the City and shall be considered as payment of damages due to the delay and other causes suffered by City because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered by City is difficult to ascertain; otherwise said funds, check drafts, or proposer’s bond substituted in lieu thereof shall be returned to the undersigned. Proposer understands that a proposal is required for the entire work, that the estimated quantities set forth in the RFP schedule are solely for the purpose of comparing proposals, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. All terms contained in the specifications, the certification of nondiscrimination by contractors, and the required insurance certificates are to be incorporated by reference into this agreement and are made specifically as part of this RFP. Firm________________________________________________________________________________ Signed and Printed Name: ______________________________________________________________ Title ________________________________________________________________________________ Date THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. ATTACHMENT C PROPOSER’S STATEMENT City of Santa Ana RFP No. 25-025 Page 29 of 33 City Council 12 – 48 5/20/2025 (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the proposer declares that the proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and not collusive or sham; that the proposer has not directly or indirectly induced or solicited any other proposer to put in a false or sham proposal, and has not directly or indirectly colluded, conspired, connived or agreed with any proposer or anyone else to put in a sham proposal, or that anyone shall refrain from bidding; that the proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the proposer or any proposer, or to fix any overhead, profit, or cost element of the proposal price, or of that of any other proposer, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the proposal are true; and, further, that the proposer has not, directly or indirectly, submitted his or her proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham proposal. Note: The above non-collusion affidavit is part of the proposal. Signing this proposal on the signature portion thereof shall also constitute signature of this non-collusion affidavit. Proposers are cautioned that making a false certification may subject the certifier to criminal prosecution. Signed____________________________________________________________________________ State of ________, County of __________________________________________________________ Subscribed and sworn to (or affirmed) before me on this________ day of_____________, 20____, by ________________________, proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. ________________________ Notary Public Signature Notary Public Seal THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. ATTACHMENT D NON-COLLUSION AFFIDAVIT City of Santa Ana RFP No. 25-025 Page 30 of 33 City Council 12 – 49 5/20/2025 The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in conformance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. Signed: Title: Firm: Date: THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. ATTACHMENT E NON-LOBBYING CERTIFICATION City of Santa Ana RFP No. 25-025 Page 31 of 33 City Council 12 – 50 5/20/2025 The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: 1. The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers’ representatives of the Consultant’s commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 1. In the event of the Consultant’s non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. 2. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes ATTACHMENT F NON-DISCRIMINATION CERTIFICATION City of Santa Ana RFP No. 25-025 Page 32 of 33 City Council 12 – 51 5/20/2025 involved in, or is threatened with, litigation with a subconsultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, no discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed: Title: Firm: Date: THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana RFP No. 25-025 Page 33 of 33 City Council 12 – 52 5/20/2025 Proposal for Governmental Accounting Standards Board (GASB) Consulting Services City of Santa Ana March 18, 2025 l RFP #25-025 Danny Martinez, CPA, CGFM Partner, Cherry Bekaert Advisory LLC P 512.838.3176 E danny.martinez@cbh.com 1925 Century Park E #1700, Los Angeles, CA 90067 cbh.com Exhibit 3 City Council 12 – 53 5/20/2025 Proposal for City of Santa Ana Contents a. Cover Letter ................................................................................................................................................ 1 b. Services Provided ...................................................................................................................................... 3 c. Agreement Statement ................................................................................................................................. 4 d. Firm and Team Experience ........................................................................................................................ 5 e. Proposed Work Plan ................................................................................................................................ 15 f. References ................................................................................................................................................ 17 2.Cost Proposal ............................................................................................................................................ 19 Appendix A – Attachments & Certifications .................................................................................................. 21 Attachment B – Standard Terms & Conditions ............................................................................................ 28 City Council 12 – 54 5/20/2025 Proposal for City of Santa Ana 1 a. Cover Letter March 18, 2025 Sarah Ro, Accounting Manager City of Santa Ana – Finance and Management Services 20 Civic Center Plaza Santa Ana, CA 92701 Dear Sarah: Cherry Bekaert is pleased to submit this proposal for Governmental Accounting Standards Boards (GASB) No. 87, 96, and 101 consulting services to the City of Santa Ana (the City). The field of governmental accounting and financial management is dynamic for both the City and your external auditors and advisors. Pronouncements from the GASB can have significant impact on your internal accounting and external reporting, and maintaining compliance with current and upcoming standards is critical to public trust, effective decision making, comparability and benchmarking, and accountability to your constituents. At the same time, local governments are in an environment of accelerated change and greater expectations from the constituents they serve, combined with numerous operational and compliance issues that either contribute to or prohibit long-term growth and strategic success. In addition to new accounting standards, staffing shortages, uncertainty at the Federal level and increasingly complex grant compliance impose significant challenges on the City. In the face of these challenges, it is critical to have the right government accountant providing the proper technical guidance, reducing the demands on government staff and allowing organizations to focus on their constituents. To help, we have a national team of governmental accounting advisors and a GASB-as-a-Service offering covering new accounting standards consulting and implementation to financial close and ACFR preparation to help our clients manage effectively, efficiently and responsively. We are one of the largest providers of audit and accounting services to the state/local government market, bringing unique insight on the operations and business of the public sector to the City. We understand this engagement includes: GASB 87 and 96 Data collection, contract and agreement review, accounting and reporting updates with necessary documentation and support. Assistance with discount rate determination utilizing DebtBook template Data input, review, and/or updates for identified lease and SBITA contracts in DebtBook and preparation of journal entries and footnote disclosures GASB 101 Assessment of the City’s current practices and liabilities for compensated absences. Methodology determination, data collection, and historical trend analysis. Calculation and preparation of year-end schedules, journal entries, and footnote disclosures for GASB 101. Ongoing and as-needed supplemental support for future GASB pronouncements and annual reviews/updates to GASB 101. With Cherry Bekaert, the City will benefit from: A comprehensive, established four-phase implementation approach that has been successfully deployed on GASBs 87 and 96 and currently being utilized on GASB 101, and team members experienced with DebtBook for reporting, journal entry posting and handling reporting queries. City Council 12 – 55 5/20/2025 Proposal for City of Santa Ana 2 Tailored training from industry experts who have presented at national conferences, including the GASB 101 training at the National Government Finance Officers Association conference, and multiple team members who served at the Governmental Accounting Standards Board. Government accounting advisory expertise from a team who provide advisory services year-round, with implementation of new GASB standards one of the core services offerings. Our unique national approach ensures you are never put second to audit or other competing deadlines. Ready-built templates, checklists, and tools for GASB 101 that have been utilized by other governments and updated based on implementation lessons learned that will be tailored to align with the City's needs. Service team with experience implementing GASB 87 at several large California governments We commit to perform all services in a timely manner. Our engagement procedures will be tailored specifically to the City's needs, streamlined through years of experience with similar organizations. We would consider it a privilege to partner with the City and we look forward to helping you achieve current and future goals. With Cherry Bekaert, you can rely on a Firm that meets it commitment to the highest level of quality service, a commitment that separates Cherry Bekaert from other firms. Thank you again for this opportunity. If you have questions about this proposal or require additional information, please feel free to contact us directly. We would also love the opportunity for our partner, Danny Martinez, to be able to present our service approach and all of the things we've built to support our clients with GASBs 87, 96, and 101. Sincerely, Cherry Bekaert Danny Martinez, CPA, CGFM Partner, Cherry Bekaert Advisory LLC Government & Public Sector Accounting Advisory Lead P: 512.479.6000 City Council 12 – 56 5/20/2025 Proposal for City of Santa Ana 3 b. Services Provided A description of proposed services to be provided and how they meet the needs of the City as described in Exhibit I – Scope of Services. Cherry Bekaert will provide the City with a comprehensive, efficient approach in the implementation of GASB 101 and ongoing support for GASB 87 and 96. Our methodology takes our clients from a limited understanding of the pronouncement to having journal entries, disclosures and go-forward training in four streamlined steps. Your engagement will generally follow the framework summarized below and detailed in the Proposed Work Plan. Throughout the engagement we will have weekly status meetings where we go over our joint accountability tool, which provides visibility to all parties on tasks that are being worked on, responsible parties, committed due dates, and detailed action items for each of the next two (2) weeks of the project. Based on our unique structure as a national team focused solely on governmental accounting projects, we can scale up as quickly as any other firm in the country. Phase Brief Description Understanding the Statement For GASBs 87 and 96, this phase includes requesting contracts, evaluating the current state of SBITA and leases in DebtBook, and reviewing working papers. For GASB 101, this involves conducting interviews with responsible parties, requesting initial PBC lists, evaluating prior compensated absences balances, and reviewing working papers. We will deliver customized training to your implementation team to ensure they understand the standard and to promote effective communication and information gathering during the project's early stages. Additionally, we will hold collaborative sessions to break down the scope of work into specific tasks, assigning responsible parties and setting due dates. Completeness and Implementation Documentation For GASBs 87 and 96, this phase includes gathering contracts, reviewing for the presences of a lease or SBITA, and gathering data inputs for entry into DebtBook. Additionally, this phase will include assistance with lease or SBITA termination or renewal options during the year and assistance with lease or SBITA modifications or revisions during the year. For GASB 101, we will capture the different leave types offered by the City for further evaluation under GASB 101. This may include a review of your policies, payroll register, and trial balance to identify all potential compensated absences. We conduct walkthroughs with your HR and Payroll departments to ensure a comprehensive listing of compensated absences. The gathered information is then populated into a customized spreadsheet for your review and acceptance. Policies and Procedures For GASB 87 and 96, we will evaluate your current policies and procedures for leases and SBITAs to ensure a consistent approach is used for any management determinations. For GASB 101, we will evaluate the current processes and controls around accounting for compensated absences and provide recommendations for improvement. We also assess the clarity of your policies and procedures, offering suggestions to enhance them. If the approach for calculating compensated absences liability is not already defined or needs to be updated based on GASB 101, we assist in determining the appropriate method. We document the implementation year and ongoing policies and procedures to ensure completeness and accurate information capture. Entries, Disclosure, and Go Forward For GASB 87 and 96, this phase will include the preparation of lease and SBITA journal entries and disclosures. For GASB 101, this phase includes the preparation and calculation of GASB 101 compensated absences liability based on the steps described above. We will help with complex leave calculations and prepare the necessary journal entries, ensuring consistency. We also assist with preparing and reviewing the required disclosures. To wrap up the implementation, we conduct final training sessions to prepare you for handling GASB 101 requirements going forward. Our team members have been providing training sessions on GASB 101 since late 2022. Danny Martinez, proposed engagement partner, will lead these sessions; Danny has presented on GASB 101 at the National Government Finance Officers Association conference and is also presenting at the upcoming National Association of State Controllers Conference. Our team includes two (2) members who previously served at GASB, including senior associate Bailee Steinle, who was at GASB while 101 was being finalized. City Council 12 – 57 5/20/2025 Proposal for City of Santa Ana 4 Cherry Bekaert has already created certain tools for GASB 101 implementation to streamline effort for the City, including a GASB 101 Compensated Absence Evaluator, Implementation Memo and Liability Calculation Tool, among others. All these tools can be tailored to the City’s needs. We will also work with the City to create additional tools to capture all necessary items for liability calculation. c. Agreement Statement Proposal shall include a statement outlining your concurrence or reference to concerns previously submitted with any and all provisions as contained in EXHIBIT II – Sample Agreement of this RFP (if any). As with any contractual relationship, Cherry Bekaert’s desire to enter into a contract with the City is based on reaching a mutually positive negotiation of terms and conditions. After reviewing the RFP and Draft Agreement, we would like to offer some alternative language for your consideration, which was provided and acknowledged during the Q&A period per RFP Section D, Exceptions: H. DATA RETENTION – we request the following changes: “All materials, documents, data or information obtained from the City Data files or any City medium furnished to Contractor in the performance of an awarded contract will at all times remain the property of the City. Such data or information may not be used or copied for direct or indirect use by Contractor after completion or termination of this Contract without the express written consent of the City. All materials, documents, data or information, including copies, must be returned to the City at the end of the contract. Nothing herein shall be deemed to affect in any way the Contractor's right to retain one copy of the Confidential Information in its files to comply with professional standards or for archival purposes, provided, however that such copy shall be protected in accordance with the terms of this Agreement. All data, documents and other products used, developed, or produced during response preparation of the RFP will become property of the City. All responses to the RFP shall become property of the City. Proposer information identified as proprietary shall be maintained confidential, to the extent allowed under the California Public Records Act.” P. NEGOTIATIONS – we request including our standard terms and conditions in the final executed contract. A copy of the same has been included in this document for your review. 5. OWNERSHIP OF MATERIALS – We request the following change: “This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement, not to include Consultant's work papers, (“Documents & Data”)…” 7. INDEMNIFICATION – we request the following changes: “Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the 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 Consultant's breach of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any covered action set forth by 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 City Council 12 – 58 5/20/2025 Proposal for City of Santa Ana 5 Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. Notwithstanding anything to the contrary herein, the maximum aggregate liability of Contractor with respect to its indemnification obligations under this Contract shall not exceed the sum of five million dollars ($5,000,000.00).” 13. EXCLUSIVITY AND AMENDMENT – We request the following change: “…The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City unless mutually agreed to in writing executed by both parties…” 20. MISCELLANEOUS PROVISIONS – we request the following change and have included our standard terms and conditions within this document: “c. All Exhibits, including the Contractor's terms and condition, referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement.” Insurance Requirements – Please note that Professional Liability policy carrier will not name the City as an Additional Insured. We also request the “Acceptability of Insurers” requirement be changed to a current A.M. Best rating of no less than A-:VII. Included in our response as Appendix are our standard terms and conditions for consulting/advisory services. d. Firm and Team Experience i. A general description of the firm, including size and number of employees working directly with the City on this agreement. Ranked among the largest assurance, tax and advisory firms in the U.S., Cherry Bekaert provides guidance and support that helps our clients move forward to reach their organizational goals. “Cherry Bekaert” is the brand name under which Cherry Bekaert LLP and Cherry Bekaert Advisory LLC, independently owned entities, provide professional services in an alternative practice structure in accordance with applicable professional standards. Cherry Bekaert Advisory LLC is not a licensed CPA firm. Cherry Bekaert LLP is a licensed CPA firm that provides attest services, and Cherry Bekaert Advisory LLC and its subsidiary entities provide business advisory and non-attest services spanning the areas of transaction advisory, risk and accounting advisory, digital solutions, cybersecurity and tax. For more details, visit cbh.com/disclosure. For more than 75 years, global corporations, public/private businesses and the public sector have relied on Cherry Bekaert to guide them forward. We provide digitally-driven, industry- aligned advisory, tax, and assurance services, leveraging practical knowledge and proven experience to design and deliver highly tailored solutions that help clients meet their financial, operational, and strategic goals and objectives. Our experienced professionals can offer guidance through rapid growth and times of accelerated change. Let us be Your Guide Forward by delivering on our commitments to superior client service through: Attention to Detail and Quality: Outstanding service qualifications amplified by our commitment to prioritize your business and provide practical and timely support Efficient, Business-Practical Guidance: High levels of senior level involvement, continuity of service professionals and expertise on a year-round basis Value-Driven Relationships: Streamlined, focused attention on your strategic, operational and financial objectives City Council 12 – 59 5/20/2025 Proposal for City of Santa Ana 6 Vault Top Ranked Awards Most Prestigious Accounting Firms: Accounting professionals across the nation rank the prestige of the firms they compete against. Vault Accounting 25: The VAULT ACCOUNTING 25 is compiled using a weighted formula that reflects the issues accounting professionals care most about, combining quality of life rankings (such as culture, satisfaction, work/life balance, and compensation) with overall prestige. 2024 Best Accounting Firms for Audit & Assurance: Accountants across the nation rate the top firms in their practice areas. Accounting Today Top 100 Firms 2024 Top Tax Firms 2024 Regional Leaders 2024 - Southeast Region INSIDE Public Accounting (IPA) IPA Top 100 Firms 2024 Engagement Team The Cherry Bekaert team responsible for the City's account brings specialized governmental accounting knowledge, with a deep understanding of GASB 87, 96, and 101, as well as current and future pronouncements. The team is led by Danny Martinez and Scott Anderson, who served as the AICPA Technical Issues Committee GASB Chair and as a GASB Practice Fellow, respectively. Senior associate Bailee Steinle, who was a GASB Postgraduate Technical Assistant during the development of GASB 101, and senior associate Tatiana Britton, who has extensive experience with GASB implementations, are the primary accountants on most of our GASB 101 projects. Additionally, the engagement team is proficient in using DebtBook and stays updated on its latest features and product updates to ensure the heights level of service for our clients. What sets our team and approach apart from our competition is Cherry Bekaert's designated government advisory group that works on these types of projects year-round. This means the City's project will never be put second to competing deadlines. We ensure frequent and direct access to the partners, directors and managers who maintain responsibility for the engagement, employing a high ratio of partners and senior managers to staff. This allows the Firm to staff and supervise engagements with a higher level of experienced staff than most firms. Name & Role Professional Summary Danny Martinez, CPA, CGFM Partner Danny is a licensed CPA with over 18 years of experience providing advisory and training services to a wide range of governmental and public sector entities, including state agencies, municipalities and their component units, special districts, counties, school districts, tribal governments, airports, ports, hospitals, higher education institutes, including assisting many large California governments with GASB 87 implementation. As the leader of the Government & Public Sector Accounting Advisory group, he is responsible for the quality and growth of all of the Firm’s Government/GASB accounting and financial reporting assistance, financial statement/ACFR writing, and Surge Team accounting advisory services. Danny is the past Zone 3 (GASB) Chair of the American Institute of Certified Public Accountants (AICPA) Technical Issues Committee Scott Anderson, CPA Director As the Firm's public sector Technical Director and a current member of the AICPA's State and Local Government Expert Panel, Scott advises clients and audit teams in all phases of auditing and financial reporting. He oversees engagement planning, performance of audit tests, report writing and overall audit quality. He has extensive experience with Uniform Grant Guidance and the audit requirements of governments. As a GASB Practice Fellow, Scott was on the forefront of evolving standards. Scott’s involvement in the standard setting process provides us with unique insights and access to future developments. City Council 12 – 60 5/20/2025 Proposal for City of Santa Ana 7 Jack McKee, CPA, CGFM Senior Manager Jack has spent the past nine years specializing in providing audit and advisory services to governments of all sizes, including municipalities, state agencies, counties, school districts, colleges, special districts, and tribes. His experience includes audit preparation and fieldwork, policy and procedure creation, lease implementation, SBITA review, Debtbook implementation, GASB technical accounting assistance, internal control review, risk assessments, state compliance review, and ACFR preparation and review. Jack has helped numerous governmental entities implement new accounting standards. Services to these clients included the review and classification of SBITA and Lease contracts, amortization schedule creation, journal entry preparation, and drafting of new footnotes for the implementation. Vicki Dallas, CPA, CITP Senior Manager Vicki has more than 10 years providing audit and advisory services to government entities of all sizes, including municipalities, counties, school districts, and special districts, including audit engagements with Single Audits. Her experiences include fund reporting, internal controls, budgeting, GASB 87, Leases and GASB 96, Subscription Based IT Arrangements (SBITA) implementation, Debtbook implementation, GASB technical accounting assistance, including cash, capital assets, and SEFA reconciliations, assistance with financial accounting software, and financial statements, including Annual Comprehensive Financial Reports, preparation, and review. Nicholas Keathley, CPA, CFE, CITP Manager Nicholas has over four years of experience auditing governmental and Not-for-Profit entities, including performing Single Audits. He has audited complex areas including pension and OPEB, leases, and debt refunding, amongst other areas. He also serves on the Annual Comprehensive Financial Report (ACFR) preparation team and has assisting with various account reconciliation projects Bailee Steinle Senior Associate Bailee has spent her entire career working with state and local governments and is a leader in the firm's GASB 101 implementation team. Prior to joining Cherry Bekaert, she spent one year in the Postgraduate Technical Assistant program at the Governmental Accounting Standards Board (GASB), allowing her to bring a unique perspective and background in financial standard setting to our clients. As a result of her time spent as a member of the teams developing standards that are set to become effective for governmental entities over the next few years, she is able to provide insights and expertise as standards continue to develop. Tatiana Britton, MBA Associate Tatiana is an Associate who's dedicated her entire career to servicing governmental clients and is a leader of the firm's GASB 101 implementation team. Since she joined Cherry Bekaert, she has worked with over 40 different cities and counties, state agencies, school districts, colleges/universities, , as well as privately-owned businesses. She primarily focuses on the implementation of new accounting standards, financial data compliance/control reviews and complex accounting ledger reconciliations. As lead staff, Tatiana assists with accounting standard compliance services and physical asset / accounting record compliance review projects to help clients overcome financial reporting, compliance and accounting challenges. ii. Firm’s nearest address serving the City of Santa Ana and headquarters address. Our nearest office is in Los Angeles (1925 Century Park E, Suite 1700, Los Angeles, CA 90067), and our headquarters in is North Carolina (3800 Glenwood Ave, Ste 200, Raleigh, NC 27612). The proposed engagement team is part of our national Government accounting advisory team, located across our Firm. We have collaborated with clients like the City to employ technology and tools that provided high quality engagements with flexible scheduling and greater cost efficiency. However, we understand building knowledge and trust for complex accounting pronouncements is important and frequent interaction is necessary. We utilize Microsoft Teams to meet remotely with clients and Suralink® to stay engaged with the City throughout the engagement. We understand that remote/virtual work does not work for all parts of the engagement and will determine appropriate on-site time and resources for the needs of the City. We will work City Council 12 – 61 5/20/2025 Proposal for City of Santa Ana 8 with your staff to determine what procedures/activities can be conducted remotely versus on-site during the planning phase. iii. Name and contact information of the supervising Project Manager/Principal Agent, to be assigned to the agreement.. Primary Point of Contact Danny Martinez, CPA, CGFM Partner, Cherry Bekaert Advisory LLC Government Accounting Advisory Leader Contact Information P: 512-838-3176 | E: danny.martinez@cbh.com iv. Resumes for all key staff proposed describing relevant experience. Your proposed engagement team has guided many public sector clients through GASB implementation engagements and has the capacity to provide targeted consulting services to meet your deadlines. On your service team you have the past GASB Zone Chair of the AICPA's Technical Issues Committee and a current AICPA State and Local Government Expert Panel Member. In addition, two members of the service team previously served at GASB during the time when GASB 87, 96, and 101 were being issued. Lastly, we've selected team members who have worked on other Debtbook implementation engagements. Because of our national approach, we are able staff our engagements with professionals who have a higher level of experience than most firms. You can also expect timely and helpful responses to time sensitive questions; our team is available to you year-round. Bios of the key proposed professionals who will be assigned to this engagement begin below. We commit to providing these key resources on this contract with the City. Danny Martinez, CPA, CGFM Partner, Cherry Bekaert Advisory LLC Government & Public Sector Accounting Advisory Leader Danny is a licensed CPA with over 18 years of experience providing advisory and training services to a wide range of governmental and public sector entities, including municipalities and their component units, state agencies, counties, school districts, tribal governments, airports, ports, hospitals, and higher education institutes. Danny previously assisted the City of Los Angeles, Port of Long Beach, Port of Los Angeles, San Diego County Regional Airport Authority and Los Angeles World Airports with GASB 87 Implementation. As the leader of the Government & Public Sector Accounting Advisory group, he is responsible for the quality and growth of all the Firm’s Government/GASB accounting and financial reporting assistance, financial statement/ACFR writing, accounting modernization, and Surge Team accounting advisory services. Under his leadership the Firm had significant growth in these services and achieved high client satisfaction and retention scores. He has presented on various governmental industry and accounting topics at national and regional conferences, including on GASB 101 implementation at last year's national GFOA conference and this year's National Association of State Controller's (NASC) conference. Danny is the past Zone 3 (GASB) Chair of the American Institute of Certified Public Accountants (AICPA) Technical Issues Committee, a group that provides a voice for its constituents in the standard- setting process. In addition, Danny is a founding member of the firm’s Government Standards Outlook Committee, a group of technical leaders in the firm that keeps abreast of all upcoming GASB, OMB, and AICPA changes and provides comment letters to those standard setting bodies. Education B.S. in Accounting, University of Southern California Areas of Expertise GASB Technical Accounting Assistance Internal Control Evaluation and Modernization Audit Preparation and Remediation ACFR Writing Professional & Civic Involvement Past GASB Zone Chair, AICPA Technical Issues Committee Association of Governmental Accountants, Dallas and New Mexico Chapters City Council 12 – 62 5/20/2025 Proposal for City of Santa Ana 9 Scott Anderson, CPA Director, Cherry Bekaert Advisory LLC Government & Public Sector Technical Director A licensed Certified Public Accountant in Florida, North Carolina, and Virginia, Scott has served the Firm’s clients since 2005. As the Firm's public sector Technical Director, Scott advises clients and audit teams in all phases of auditing and financial reporting. He oversees engagement planning, performance of audit tests, report writing and overall audit quality. He has extensive experience with Uniform Grant Guidance and the audit requirements of governments in Florida, Virginia and North Carolina. Clients have sought Scott’s knowledge in expertise on current technical developments in governmental accounting. He is a GASB alum, serving as a Practice Fellow for two years, returning to Cherry Bekaert with vast experience in governmental account and financial reporting standards. As a GASB Practice Fellow, Scott was on the forefront of evolving standards. Scott’s involvement in the standard setting process provides us with unique insights and access to future developments. Scott has also instructed at a number of external conferences and seminars, representing both the firm and the GASB, and webinars sponsored by the Firm on various technical GASB topics. Scott's professional involvement includes committees and panels, including the AICPA State and Local Government Experts Panel and the Government Finance Officers Association Special Review Committee. Education Master of Accounting, North Carolina State University Bachelor of Arts, Utah State University Professional & Civic Involvement American Institute of Certified Public Accountants AICPA State and Local Government Expert Panel Member GFOA Special Review Committee GASB Practice Fellow Program North Carolina Association of Certified Public Accountants Government Finance Officers Association Jack McKee, CPA, CGFM Senior Manager, Cherry Bekaert Advisory LLC Government & Public Sector Advisory Services Jack has spent the past nine years specializing in providing audit and advisory services to government entities of all sizes, including municipalities, state agencies, counties, school districts, colleges, special districts, and tribes. His experience includes audit preparation and fieldwork, policy and procedure creation, lease implementation, SBITA review, grants management, federal award compliance, GASB technical accounting assistance, internal control review, risk assessments, state compliance review, and ACFR preparation and review. Jack has helped numerous governmental entities implement new accounting standards. Services to these clients included the review and classification of SBITA and Lease contracts, amortization schedule creation, journal entry preparation, and drafting of new footnotes for the implementation. Additionally, Jack works with government and not-for- profit organizations that expend federal and state funding. Services to these clients include OMB Circular/Uniform Grant Guidance compliance, policy review, SEFA and Data Collection Form preparation, lost revenue calculation review, and Single Audit preparation. Jack has also conducted training to clients across a full spectrum of topics and speaks at conferences on a regular basis. Education B.S. in Accounting, Northern Illinois University Areas of Expertise Governmental Accounting Pronouncement Implementation ACFR or Financial Statement Writing or Refresh Accounting Transformation Audit Preparation and Year-End Close Assistance Financial & Single Audit Finding Remediation GASB Technical Accounting Strategic Accounting Projects Surge Team Urgent Accounting Assistance Training & Continuing Professional Education City Council 12 – 63 5/20/2025 Proposal for City of Santa Ana 10 Professional & Civic Involvement Tennessee Society of CPAs, Government and Not- for-Profit Committee Association of Government Accountants Tennessee GFOA Founding member of Cherry Bekaert’s Governmental Standards Outlook Committee Vicki Dallas, CPA, CITP Senior Manager, Cherry Bekaert Advisory LLC Government Accounting Advisory Services As a Senior Manager in the Firm’s Government and Public Sector based out of El Paso, Texas, Vicki has spent the past 10 years specializing in providing audit and advisory services to government entities of all sizes, including municipalities, counties, school districts, and special districts, including audit engagements with Single Audits. Her experiences include fund reporting, Uniform Guidance compliance, internal controls, budgeting, GASB 87, Leases and GASB 96, Subscription Based IT Arrangements (SBITA) implementation, GASB technical accounting assistance, including cash, capital assets, and SEFA reconciliations, assistance with financial accounting software, including QuickBooks, and financial statements, including Annual Comprehensive Financial Reports, preparation, and review. Education Master of Accounting, New Mexico State University Bachelor of Science, Southwestern Assemblies of God University Areas of Expertise Governmental Accounting Pronouncement Implementation Internal Control Evaluation and Transformation Risk Advisory GASB Technical Accounting Assistance Grants Management Federal Award Compliance Professional & Civic Involvement American Institute of Certified Public Accountants Texas Society of CPAs President - AGA, El Paso Chapter Nicholas Keathley, CPA, CFE, CITP Manager, Cherry Bekaert Advisory LLC Nicholas has over four years of experience auditing governmental and Not-for-Profit entities, including performing Single Audits. He also serves on the Annual Comprehensive Financial Report (ACFR) preparation team and has assisting with various account reconciliation projects. He has audited complex areas including pension and OPEB, leases, and debt refunding, amongst other areas. As an auditor, he planned and performed risk assessments and tests of controls, conducted fieldwork and testing, and drafted financial statements for various governmental and Not- for-Profit entities. Nicholas had to consider the risks related to information technology (IT) as part of the financial statement risk assessment by gaining an understanding of an entity’s IT control environment and identifying and evaluating IT controls. Nicholas often had to test significant IT controls to lower the assessed risk over IT controls to an acceptable level. Examples of IT controls he often tested include: application, user access, backup and recovery, and security management controls. Control deficiencies and recommendations were communicated with the entity. Education Master of Accountancy, The University of Texas Rio Grande Valley Bachelor of Business Administration, Accountancy, The University of Texas Rio Grande Valley Areas of Expertise Governmental & Not-for-Profit Accounting/Auditing Governmental and Not-for-Profit Financial Statements Texas Governmental Auditing and Accounting Federal Grants Compliance IT General Controls and Application Controls Internal Control over Financial Reporting Financial Close and Reporting Professional & Civic Involvement Member of the American Institute of Certified Public Accountants (AICPA) Member of the Texas Society of Certified Public Accountants (TXCPA) Member of Association of Certified Fraud Examiners (ACFE) City Council 12 – 64 5/20/2025 Proposal for City of Santa Ana 11 Bailee Steinle Senior Associate, Cherry Bekaert Advisory LLC Government Accounting Advisory Services Bailee has spent her entire career working with state and local governments. Prior to joining Cherry Bekaert, she spent one year in the Postgraduate Technical Assistant program at the Governmental Accounting Standards Board (GASB), allowing her to bring a unique perspective and background in financial standard setting to our clients. As a result of her time spent as a member of the teams developing standards that are set to become effective for governmental entities over the next few years, she is able to provide insights and expertise as standards continue to develop Education B.S., in Business Administration and Accounting, Nebraska College of Business Areas of Expertise Governmental Accounting Pronouncement Implementation Accounting Advisory Grants Management Federal Award Compliance Internal Control Evaluation and Transformation Tatiana Britton, MBA Associate, Cherry Bekaert Advisory LLC Government & Public Sector Risk Advisory Tatiana is an Associate with three years of accounting advisory experience. Since she joined Cherry Bekaert, she has worked with over 40 different school districts, colleges/universities, cities and counties, as well as privately-owned businesses. She primarily focuses on the implementation of new accounting standards, financial data compliance/control reviews and accounting ledger reconciliation. As lead staff, Tatiana assists with accounting standard compliance services and physical asset / accounting record compliance review projects to help clients overcome financial reporting, compliance and accounting challenges. Prior to Cherry Bekaert, Tatiana had six years of full cycle accounting and financial data compliance experience, including working with the Pennsylvania Army National Guard to conduct an operational review to identify risks and improve payroll efficiency and effectiveness. She collaborated with her fellow Guardsmen in order to develop strategies to address and identify potential risks. Education MBA, Kutztown University of Pennsylvania B.S, Accounting, East Stroudsburg University of Pennsylvania Areas of Expertise Compliance Data Collection and Review Governmental Accounting Pronouncement Implementation Financial Data and Accounting Ledger Review Bank Reconciliation Bookkeeping Accounts Receivable and Accounts Payable Reconciliation Capital Asset Reconciliation Capital Assets and Physical Inventory Audit v. A description of the Proposer’s experience in providing similar services to those requested in this RFP. Cherry Bekaert's Government & Public Sector (GPS) team has a deep understanding of the complex challenges local governments face, focusing on the areas of highest need to enable and improve the transparency, efficiency and effectiveness government reporting. With extensive knowledge and experience of government accounting and audit City Council 12 – 65 5/20/2025 Proposal for City of Santa Ana 12 requirements, we are one of the largest providers in the public sector space, serving clients around the nation; we provide targeted services to 200 municipalities, counties, public authorities/boards, school districts, and state agencies, ranging in size from $2 million to $9 billion. Local governments face extreme staffing challenges and knowledge drain, leaving them with open budgeted positions and without technical accounting knowledge. At the same time, the Governmental Accounting Standards Board (GASB) requirements are becoming increasingly complex and operational needs are expanding from unprecedented federal funding. We understand the distinct challenges that government finance and accounting managers face, and our GPS Advisory team provides a comprehensive GASB-as-a-Service offering that helps governments overcome them. While other professional services firms may have significant governmental accounting expertise, Cherry Bekaert has a dedicated team of professionals who only provide governmental accounting advisory services. This provides governments with the confidence that their needs will not be placed second to competing audit regulatory deadlines. We provide accounting services specific to the public sector—everything from financial close assistance and account reconciliation to internal control reviews, technical accounting, standards implementation, and ACFR preparation — to help our clients manage effectively, efficiently and responsively. We understand your unique challenges and remain up-to-date with industry developments to help you take advantage of growth opportunities and promote sustainable, compliant operations. The Firm frequently produces targeted thought leadership, which is available at the Guidance section of our website. Cherry Bekaert is also proud to have several team members who worked with the GASB on technical matters. Our professionals were on the forefront of evolving standards, including GASB 1010. This involvement provides unique insights we can share with our clients. Our capabilities include: Implementation of New Accounting Standards Over the years, we have assisted our clients with GASB pronouncement implementation, providing research and advice to resolve many complex accounting issues, including: Assisting with analysis of the accounting and reporting aspects of compensated absences (GASB 101) Assisting with analysis of the accounting and reporting aspects of subscription-based technology agreements (GASB 96) Assisting with analysis of the accounting and reporting aspects of public-public or public-private partnerships (GASB 94) Assisting with analysis of the accounting and reporting aspects of lease accounting (GASB 87) Assisting with analysis of the reporting aspects of fiduciary activities (GASB 84) Providing assistance interpreting the fair value measurement and disclosure requirements under GASB 72 and the guidance for certain external investments pools and participants under GASB 79 Annual Comprehensive Financial Report (ACFR) Writing Many governments are finding that they do not have the bandwidth and/or the technical expertise to draft their ACFRs and decide to outsource or co-source this work to us. These reports are often 100 to 200 pages and go through multiple layers of review, each resulting in changes that frequently need to be made in many places throughout the document. Leveraging Cherry Bekaert to prepare your ACFR affords you with the in the following benefits: Begin with a template ACFR created using Government Finance Officer’s Association Framework and tailored to your organization's needs, which rolls forward from year to year with minimal rework Employ engagement management software to ensure consistent groupings year over year Assistance with cash, modified accrual and full accrual accounting conversion entries Assistance with net position and fund classification calculations, including net investment in capital assets Completion of multiple reviews by governmental accountants Ability to access account groupings in Excel format to easily disaggregate basic financial statement balances City Council 12 – 66 5/20/2025 Proposal for City of Santa Ana 13 The GFOA Certificate of Achievement for Excellence in Financial Reporting is highly recognized as the epitome of financial accountability and quality reporting. As a firm, we have provided support in obtaining and maintaining the certification to more than 75 governments, with several of our partners/directors participating in the program as certificate reviewers. As with all our GFOA submitting entities, we will assist you in any way necessary to help you receive this award every year. We will review your ACFR in comparison to our Firm’s standard governmental reporting checklist and the current GFOA reporting checklist to help ensure that the Annual Report is in compliance with the certificate program requirements. Additionally, we will review the prior year GFOA comments to ensure that they have been properly addressed and/or corrected. Account Reconciliation and Financial Close Assistance We provide on-demand accounting and financial close support for many financial statement areas to government and public sector organizations who are significantly behind on their accounting and reporting. We also offer more targeted services such as assistance with bank reconciliations or reconciling capital assets across multiple systems. Examples of accounting reconciliation and financial close assistance we provide include: Analytical review of trial balance Bank reconciliations and outstanding items analysis Grant closeout, investigation and reconciliation assistance Revenue and expense recognition for grant and other funds Data comparison between multiple accounting systems Review and analysis of payroll data for completeness and accuracy Accounts receivable or accounts payable reconciliations Fund allocation calculations and journal entries Subledger reconciliations and analysis Fixed asset reconciliations and depreciation calculations Pension and other post-employment benefit calculations Preparation and reconciliation of the schedule of expenditures of federal and state awards Audit PBC (prepared by client) list assistance Financial Management Policy and Procedure Refresh Recently, many governments have made significant operational changes within their accounting and finance function, often due to staffing challenges or moving to a more remote or hybrid working environment. These changes lead to outdated or inaccurate policies and procedures that do not reflect the day-to-day reality of the organization. We work with governments to refresh their policies and procedures to take advantage of the efficiencies they've found as well as benchmark them against other governments and provide additional opportunities for improvement. Examples include: Cash Management procedures for receiving, depositing and disbursing cash and cash equivalents Accounts Payable procedures for verifying invoices, purchasing cards, and travel and per diem requests Accounts Receivable procedures for billing, recording and collecting, including the process for managing outstanding balances and tax collections Budgeting procedures for developing, approving and monitoring the government's budget Capital Asset procedures for acquiring, recording and disposing of fixed assets to maintain fixed asset records Payroll procedures for processing payroll, including calculating and withholding taxes and other deductions. Grant Management procedures for grants and other external funding sources, including the process for applying for grants, monitoring grant spending and reporting on grant activities Financial Reporting procedures that encompass preparing financial statement and other financial reports, including the process for ensuring accuracy and compliance with accounting standards Enterprise Resource Planning (ERP) and Accounting Module Implementation or Remediation Assistance Many governments see the need to implement new accounting systems to reap the benefit of newer technology and the efficiencies these systems provide. When implementing these systems, it is important to have the governmental City Council 12 – 67 5/20/2025 Proposal for City of Santa Ana 14 expertise necessary to ensure that charts of accounts and all related modules are implemented appropriately. Cherry Bekaert has decades of experience both as the project manager on the implementation of these systems as well as providing remediation work when an implementation does not go as expected. Internal Control and Compliance Evaluation and Transformation Lending or granting federal and state funds and ensuring compliance from subrecipients involves significant, new and changing compliance complexities that many public sector organizations may be unfamiliar with. We assist governments with evaluation of their internal control and compliance structure or those of their related entities as subrecipients. Our support extends beyond compliance and seeks to help funding recipients identify efficiencies or implement templates and checklists to enhance their processes going forward. Tailored Training and CPE The field of governmental accounting and fiscal management is dynamic for both the City and its external consultants. Pronouncements from the following bodies all have significant impact on this sector: Government Accounting Standards Board (GASB) (altering internal accounting and external reporting) AICPA (modifying audit standards and procedures) OMB (creating new compliance demands associated with the expenditure of federal funds) With staffing shortages and average employee tenures decreasing, it is imperative that governmental accounting and finance personnel receive adequate training to perform their roles and responsibilities. We maintain a robust library of trainings on a variety of governmental accounting and financial reporting topics and can deliver/facilitate targeted training to your teams. All proposed service team members have more than 40 hours of relevant continuing education during each of the last two years, including the continuing education required by Government Auditing Standards. Experience A list of current and recent clients includes: Alaska Railroad Alliance Health* Augusta Richmond County, Georgia Broward Metropolitan Planning Organization, Florida Cabarrus County, North Carolina Central Florida Tourism Oversight District Central New Mex Chesapeake Public Schools, Virginia Chicago Transit Authority, Illinois Cincinnati Metropolitan Housing Authority, Ohio City of Asheville, North Carolina* City of Chesapeake, Virginia* City of Deming, New Mexico City of Fayetteville, North Carolina City of Fort Myers, Florida* City of Kerrville, Texas City of Hallandale Beach, Florida City of Livonia, Michigan* City of Richardson, Texas City of Roanoke Rapids, North Carolina City of Suffolk, Virginia Florida Agricultural & Mechanical University Fayetteville State University, North Carolina Forsyth County, North Carolina* Greater Raleigh Visitors and Convention Bureau Georgia Regents Real Estate Corporation Hampton City Schools, Virginia* Hampton Roads Sanitation District, Virginia Louisville Metropolitan Housing Authority, Kentucky Mecklenburg County Sheriff’s Office, North Carolina North Carolina Central University North Carolina Department of Environmental Quality North Carolina Department of Information Technology North Carolina Department of Cultural and Natural Resources North Carolina Department of Public Instruction Newport News Public Schools, Virginia Oneida Nation Orange County Public Schools, Florida Richmond Metropolitan Transportation Authority Roosevelt County, New Mexico City Council 12 – 68 5/20/2025 Proposal for City of Santa Ana 15 City of Vero Beach, Florida City of Winston-Salem, North Carolina Central New Mexico Community College Collier County Public Schools, Florida Columbia County, Georgia* Community College of Philadelphia Cumberland County, North Carolina Eddy County, New Mexico ElectriCities of North Carolina Escambia County School District* Fairfax County Department of Housing and Community Development, Virginia Sandhills Center, North Carolina St. Johns County School District, Florida St. Lucie County School District, Florida State of Oklahoma State of Rhode Island Town of Holly Springs, North Carolina University of Mary Washington* University of Memphis Virginia Beach Public Schools, Virginia William James City County Schools, Virginia *DebtBook was utilized by client for GASB 87, 94, and 96 e. Proposed Work Plan Proposed Approach, including: i. Anticipated approach to performing services as specified herein; ii. Suggestions or special concerns the evaluation committee should take into consideration (if any); iii. Description of deliverables and implementation plan. Proposer shall submit a general description of the deliverables, implementation plan, and timeline. iv. Data requirements from the City, if any GASB 101 Implementation Cherry Bekaert has developed a comprehensive four phase approach to implementing GASB 101, Compensated Absences that we are currently providing to governments throughout the country. This four-phase approach takes our clients from not knowing about the pronouncement to having journal entries, disclosures, and go-forward training. The Scope of Services provided by the City aligns very closely with our approach and achieves the primary objectives of your RFP to ensure full compliance with GASB 101 and help align current accounting practices for the new accounting standard. Cherry Bekaert’s Comprehensive Four-Phase Implementation Approach includes: Phase/Activities Deliverables Phase 1: Understanding the Statement 1.0 Training and initial discussion on GASB 101 Compensated Absences GASB 101 Presentation 1.1 Assistance with general communication and information gathering within the organization (for decentralized organizations or systems) Tailored GASB 101 Memo Phase 2: Completeness and Implementation Documentation 2.0 Provide Cherry Bekaert" GASB 101 Summary" Excel template to assist with the capture of compensated absences applicable to the organization and potential liability recognition Compensated Absences Summary Excel Template 2.1 Complete detailed review of client's policies, payroll register, and trial balance to assist in the identification of all potential compensated absences Annotated documents and a list of identified compensated absences 2.2 Conduct walkthroughs with HR and Payroll departments to assist in the discovery of the government's full compensated absences listing List of identified compensated absences 2.3 Populate Cherry Bekaert "GASB 101 Summary" Excel template for client review and acceptance Completed Compensated Absences Summary Excel Template Phase 3: Policies and Procedures 3.0 Assess current state processes and controls around accounting for compensated absences and provide recommendations for improvement Accounting Policy Recommendations 3.1 Assess clarity of client's policies and procedures (e.g., more likely than not determination, termination assumptions, flows assumption, accumulation assumptions) and provide recommendations for improvement Accounting Policy Recommendations City Council 12 – 69 5/20/2025 Proposal for City of Santa Ana 16 Phase/Activities Deliverables 3.2 Assist client with determining the approach to be used for calculating compensated absences liability, if not already in policy or if changing based on the implementation of GASB 101 Accounting Policy Recommendations 3.3 Document implementation year and go-forward policies and procedures to address completeness, information capture, and subjective determinations Implementation Memo Phase 4: Entries, Disclosure, and Go Forward 4.0 Assist with calculation of GASB 101 compensated absences liability based on the client's determined approach Compensated Absences Computation Tool 4.1 Assist with complex leave calculations based on multiple leave payout percentages or allocations (i.e., police and/or fire departments) Compensated Absences Computation Tool 4.2 Assist with preparation of GASB 101compensated absences journal entry, including allocation of liability if necessary Journal Entry 4.3 Review client-prepared GASB101 compensated absences journal entry for consistency with GASB 101 Journal Entry 4.4 Assist with preparation and/or review of GASB 101disclosures Updated and Reviewed Note Disclosures 4.5 Conduct final GASB 101 training (preparing client to handle going forward) Go-Forward Presentation Cherry Bekaert has a team of government advisors that provides these services year-round and can get started on this project as soon as the week after the contract is signed. From the start of services to the completion of training development will be eight weeks. Sample Tools/ Templates &Training Materials Cherry Bekaert has developed proprietary tools and templates to help with GASB 101 implementation, which we will use for this engagement. Below are samples of our Compensated Absences Liability Calculation and Compensated Absences Leave Analysis Summary Tools. GASB 87 and GASB 96 Review and Update The lease accounting standard change was one of the most disruptive changes to accounting in over 40 years, and as one of the nation’s top public sector audit firms, Cherry Bekaert has been helping local governments understand and plan to address the myriads of accounting and reporting requirements related to GASB 87 and GASB 96 since our 2019 audit season. To assist the City with maintaining compliance and audit readiness, this engagement will focus on helping the City review lease universe completeness, including embedded leases and materiality threshold, and re- evaluating the design and/or implementation of appropriate processes, procedures and control functions. Our general methodology includes: Phase 1- Understanding the Statement Scoping and objective call with the City, which includes initial high-level overview of standards as well as discussion of type of leases and SBITA contracts in scope. City Council 12 – 70 5/20/2025 Proposal for City of Santa Ana 17 Provide working and/or training session to the City pertaining to any accounting implementations and reporting requirements under the GASB standards. Set up a schedule with management to coordinate weekly check-ins, milestones and timelines. Mobilize team members and provide client and project overview to discuss deliverables. Phase 2- Completeness and Implementation Documentation Evaluation of any new potential lease or SBITA contracts entered into during the year. Identify/Review the Population of Leases (current operating leases, capital asset listings, source of cash receipts) and SBITAs (current IT arrangements, capital asset listings, source of cash receipts) and management to compile a population of agreements, including those contracts with a lease embedded within. Collect and Categorize Data: Gather all supporting agreements, amendments, and extensions, and group agreements with similar characteristics. Extract and input into DebtBook Key Terms and Conditions: Review information gathered and identify key terms and conditions such as the lease term, options to extend or terminate, payment terms, service or maintenance components, and analysis of the incremental borrowing rate used as the discount rate. Perform necessary fieldwork including weekly or bi-weekly client meetings to discuss progress. Assist with updating the incremental borrowing rate to be used utilizing the template provided by DebtBook Phase 3- Entries, Disclosure, and Go Forward Prepare journal entries to record the subscription liability and right of use subscription asset, lease liability and leased assets, lease receivable and deferred inflow of resources; assist the City with drafting new leasing and/or SBITA policy, including the impact of updated control environment surrounding the initiation, approval, processing and recording of transactions impacted; and assist with drafting footnote disclosure Work with the City in running the Day 1 journal entry along with the transition entry necessary to catch up to the current period based on implementation completion date. Work with the City in the drafting and developing the GASB 87 & GASB 96 annual disclosures Conduct "day 2" accounting training and use of software Provide deliverables will include but are not limited too; technical GASB implementation memos; database setup which includes key lease/contract terms abstracted and inputted into lease software; and/or supporting working papers. We also commit to being here for the City following this engagement if you run into issues or have questions around monthly journal entries, ongoing compliance questions/issues, changes to the control environment and/or annual reporting disclosures. We have developed the following service offerings to assist with compliance and provide long- term business solutions: General diagnostics discussion with management Consultation and interpretive guidance, including GASB interpretations Checklists and other tools for GASB 87 and GASB 96 implementation Assistance with tool identification and vendor evaluation Assistance in identifying additional reports and data needed Review of your management’s GASB 87 and GASB 96 GAAP policies and practices Compare and contrast reviews for the ability of your entity’s current processes and controls and IT systems to meet the requirements of GASB 87 or GASB 96 Analysis of potential impact on debt covenants Assistance with implementation and IT system changes, if necessary, through Cherry Bekaert’s IT system partners. f. References Customer Name City of Fayetteville, North Carolina Contact Individual Jeff Yates, Assistant City Manager Address 433 Hay Street, Fayetteville NC, 28301 Phone Number 910.433.1474 City Council 12 – 71 5/20/2025 Proposal for City of Santa Ana 18 Email jeffreyyates@fayettevillenc.gov Contract Amount $914,000 Year January 2023 - Present Description of supplies, equipment, or services provided Wide range of accounting, financial and pre-financial audit services for fiscal years 2022 - 2025 . We started by gaining an understanding of the entity's system of internal controls after their ERP implementation, similar to what would have been done in a financial statement audit. The purpose was to better develop tailored accounting and financial reconciliation procedures necessary for significant transaction cycles that had yet to be reconciled. The reconciliations included bank reconciliations (including pooled cash), accounts receivable and payable subledgers, capital assets, and fund balance classification, among others. Portions of the reconciliations were fully outsourced while others were done in conjunction with City finance staff. As part of the co-sourced account and financial closing process, we proposed journal entries and assisted with preparation of the final trial balance for the auditors. The City was required to implement GASB 87 as part of their fiscal year 2022 closing procedures and also decided to implement GASB 96 a year early. We assisted with the implementation of both of these standards, which included template creation for departments lease/subscription contract identification, detailed review of contracts, data analytics on the City’s General Ledger to identify embedded leases, assistance developing go-forward policies and procedures, and required journal entries and disclosures. We also assisted with note disclosures and other procedures related to the drafting of the Annual Comprehensive Financial Report. Customer Name City of Fort Myers Contact Individual Christine Tenney, Director of Financial Services Address 2200 Second Street, Fort Myers, FL 33901 Phone Number 239.321.7186 Email ctenney@cityftmyers.com Contract Amount $247,500 Year November 2023 - Present Description of supplies, equipment, or services provided We assisted the City with ACFR preparation, which included: Coordinating with the City’s finance department to develop a timeline for completion, including team member assignments and review responsibilities Providing a template with a list of items (statements, schedules, footnotes, Stat tables) needed Holding weekly status update meeting to ensure progress goals were met Assisting with: o Full accrual journal entries o Long-term debt, pension and OPEB footnotes o Government-wide reconciliations o Identifying and correcting grouping issues o Completion of the basic financial statements within the City's software (Statement Builder) Performing multiple reviews of the ACFR before submission to the City’s external auditors. Helping the City ensure that GFOA requirements were met Customer Name City of Richardson, TX Contact Individual Herman Chavez, CPA, Controller Address 2360 Campbell Creek Blvd. Suite 550 Richardson, TX 75082 Phone Number 972.744.4062 Email herman.chavez@cor.gov Contract Amount $321,500 Year June 2023 - Present City Council 12 – 72 5/20/2025 Proposal for City of Santa Ana 19 Description of supplies, equipment, or services provided The City needed bank reconciliation support for an entire fiscal year, particularly for transactions from January to September 2023 that were not reconciled because of a new ERP system implementation. We created a data capture template for all 19 departments and interviewed multiple personal early in the project to understand the nature of several transactions made. We also proposed a blueprint for automating this process in the future. This approach streamlined the City's reconciliation template to reduce reconciliation time for monthly close from three weeks to one week. We are also providing best practice recommendations and remediation efforts for departments that need improvement in their reconciliation process. Customer Name North Carolina Department of Public Instruction Contact Individual Jessica Mapes, Accounting Controls & Reporting Manager Address 301 North Wilmington Street, Raleigh, NC 27601-2825 Phone Number 984.236.2373 Email jessica.mapes@dpi.nc.gov Contract Amount $107,885 Year September 2022 - Present Description of supplies, equipment, or services provided Cherry Bekaert prepared the financial statements for the Department for the years ending June 30, 2022, and 2023. The Department's financial information was spread across several software platforms, requiring extensive reconciliations to ensure that billions of dollars in federal and state grant funding could be accurately disaggregated by individual subrecipients for the mandatory supplementary schedules. Cherry Bekaert also assisted with cash basis, modified accrual and full accrual journal entries, and helped the Department build new disclosures for GASB 87 and 96. As part of the financial statement preparation, Cherry Bekaert provided the Department with an in-depth understanding of the mapping of their account structure, flow of information from different software platforms, and closing journal entries. This increased transparency enabled the Department to have a more seamless review of the financials during the audit process. Additionally, the fiscal year 2023 financial statement preparation was completed several months earlier than had been historically possible for the Department. This additional time allowed for a more thorough review of the financials without the pressure of a looming deadline. Customer Name North Carolina Department of Information Technology (NCDIT) Contact Individual Beth Lane, Finance Director Address 301 North Wilmington Street, Raleigh, NC 27601-2825 Phone Number 919.609.3421 Email beth.lane@nc.gov Contract Amount $102,000 Year November 2021 - Present Description of supplies, equipment, or services provided Assisted NCDIT with the implementation of GASB 96, Subscription-Based Information Technology Arrangements. NCDIT has very complex subscription arrangements that required deep analysis and discussion with multiple parties to arrive at the appropriate accounting treatments. In addition to technical contract review, we documented completeness and other implementation considerations, prepared journal entries and related disclosures, and provided Day 2 go-forward training. The following year, we provided NCDIT with Year 2 support related to both GASB 87 and GASB 96. Prior to these engagements, we also provided internal service fund audit and agreed-upon procedures to NCDIT. 2.Cost Proposal We understand and appreciate your desire for professional service providers who are not only highly qualified, but who are also cost-conscious and cost-effective about the work they perform. We are mindful that cost is always a consideration in selecting a professional services firm. Accordingly, we have structured our fee based on our strong desire to develop a mutually rewarding, long-term relationship. Our fees are generally based on the time required to complete the work at our established billing rates. Our fees are also based on other factors such as the complexity of City Council 12 – 73 5/20/2025 Proposal for City of Santa Ana 20 the work, the skill required, time limits, the experience and abilities of our personnel, and the value of the services rendered. Within the table below you will see our hourly rates for these services. A key benefit of our engagements is that we can scale up or scale down the level of effort in certain areas based on client budget. We also provide a detailed WIP summary each week so our clients are completely aware of where they are within their budget and what areas the fees correspond to. Experience Level Hourly Consulting Rates Partner/Principal $295 Managing Director/Director $275 Senior Manager $250 Manager $210 Senior Associate $185 Associate $165 The fee below by fiscal year and task is based on the anticipated number of hours needed on the engagement. Should the engagement take fewer hours, you will only be billed for the hours incurred. Our total fiscal year 2025 fee is $42,550 and our total fiscal year 2026 fee is $19,500. This leaves an additional $37,950 for optional supplemental services if the City were to use the entire $100,000 budget identified. As stated in the RFP, the City is not obligated to spend the entire $100,000 and will only be billed for time incurred. Please note the reduction in fee in fiscal year 2026 is based on the fact that GASB 101 is largely an implementation year challenge and the tools and templates created in year one make this standard easier to manage in subsequent years. Service Hours Fee Fiscal Year 2025 GASB 87 40 $7,400 GASB 96 40 $7,400 GASB 101 150 $27,750 Total Year One 230 $42,550 Fiscal Year 2026 GASB 87 40 $7,800 GASB 96 40 $7,800 GASB 101 20 $3,900 Total Year Two 100 $19,500 Optional supplemental services contingent upon availability of funds 200 $37,950 Total Fee for Initial of Agreement 530 $100,000 Additional Details Renewal - Cherry Bekaert agrees not to increase annual fees by more than five (5) percent per year, over the prior year, for the three (3) annual renewals. This five percent (5%) limit does not apply to any new services added during the term of this Agreement. A change in fees will apply should the scope of work change significantly. Should this occur, or there is a change in scope because of a change in your operations, we would meet with you to obtain your agreement on any increase in the fee ranges before proceeding. Out-of-Scope Services We encourage open lines of communication throughout the year as part of our services. Generally, we do not bill for routine telephone consultations, including calls received during the year regarding compliance questions. However, should a matter require major research or services not included above, we will bill for these services at established hourly rates as rendered. Before beginning any additional work outside the scope of this proposal, we will discuss anticipated fees with your management to obtain understanding and approval, as well as any anticipated discount based on the timing and complexity of the service. City Council 12 – 74 5/20/2025 Proposal for City of Santa Ana 21 Appendix A – Attachments & Certifications City Council 12 – 75 5/20/2025 Proposal for City of Santa Ana 22 City Council 12 – 76 5/20/2025 Proposal for City of Santa Ana 23 City Council 12 – 77 5/20/2025 Proposal for City of Santa Ana 24 City Council 12 – 78 5/20/2025 Proposal for City of Santa Ana 25 City Council 12 – 79 5/20/2025 Proposal for City of Santa Ana 26 City Council 12 – 80 5/20/2025 Proposal for City of Santa Ana 27 City Council 12 – 81 5/20/2025 Proposal for City of Santa Ana 28 Attachment B – Standard Terms & Conditions City Council 12 – 82 5/20/2025 Proposal for City of Santa Ana 29 City Council 12 – 83 5/20/2025 Proposal for City of Santa Ana 30 City Council 12 – 84 5/20/2025 Proposal for City of Santa Ana 31 City Council 12 – 85 5/20/2025 Proposal for City of Santa Ana 32 City Council 12 – 86 5/20/2025 Proposal for City of Santa Ana 33 City Council 12 – 87 5/20/2025 Proposal for City of Santa Ana 34 City Council 12 – 88 5/20/2025 Proposal for City of Santa Ana 35 City Council 12 – 89 5/20/2025 Proposal for City of Santa Ana 36 City Council 12 – 90 5/20/2025 Proposal for City of Santa Ana 37 City Council 12 – 91 5/20/2025 Proposal for City of Santa Ana 38 City Council 12 – 92 5/20/2025 Proposal for City of Santa Ana 39 City Council 12 – 93 5/20/2025 Proposal for City of Santa Ana 40 City Council 12 – 94 5/20/2025 Information Technology www.santa-ana.org/IT Item # 13 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report May 20, 2025 TOPIC: ProudCity Website Content Management System AGENDA TITLE Agreement with ProudCity for the Licensing of a Website Content Management System (CMS) and Services RECOMMENDED ACTION Authorize the City Manager to execute an agreement with ProudCity, Inc. for website content management system (CMS) software subscriptions and professional services, for a three-year term beginning July 1, 2025 and ending June 30, 2028, for an annual amount not to exceed $103,827, for a total aggregate amount not to exceed $311,481 over the life of the agreement (Agreement No. A-2025-XXX). GOVERNMENT CODE §84308 APPLIES: Yes DISCUSSION On June 21, 2022, the City Council approved a three-year agreement with ProudCity to provide a hosted, web content management system (CMS) to be used for the City’s internet website. The City decentralized internet content management by training staff from each department on the new website so that content can be kept current by each department. The ProudCity CMS has been very reliable over the past three years and continues to be an efficient communication tool for City staff to use to provide information to the public. The City is subscribing to the ProudCity Standard Plan, plus the file upload increase feature. City staff is requesting City Council approval to extend use of the tool for an additional three-year period. The City is conducting a proof-of-concept (POC) to utilize ProudCity’s intranet module to replace the City’s current intranet site. The current site is a static website that requires centralized administration and doesn’t provide advanced features of a CMS, such as having an easy to use editor, search functionality, templates, forms, user security, and more. Since each department already has staff trained on the usage of the ProudCity City Council 13 – 1 5/20/2025 ProudCity Website Content Management System May 20, 2025 Page 2 5 0 3 9 CMS, the City would be able to decentralize the content editing of the intranet site, as it does with the City internet site. The agreement allows for the City to purchase the intranet module on a monthly basis while conducting the POC and then either fully purchase the annual subscription or cancel use of the module. Included in the agreement with ProudCity is an allocation with a not-to-exceed annual amount of $50,000 for optional, as-needed professional services by ProudCity. These services would be used on an as-needed basis to assist with any website consulting needed for the City’s website, the intranet site, or by assisting the City to meet new Americans with Disabilities Act (ADA) guidelines that have been mandated by the Department of Justice. These new guidelines mandate that state and local governments, must meet the Web Content Accessibility Guidelines (WCAG) Version 2.1, Level AA technical standard. For state and local governments with a population of more than 50,000 persons, the compliance date is April 24, 2026. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funding is available in the FY 2025-26 Contract Services Professional account (62300) and Computer Software Subscriptions (66511). Future fiscal year funding will be included in proposed budgets for City Council consideration. The table below provides an estimate of the account distribution by fiscal year; however, actual amounts may vary based on the timing of the system implementation. Account Unit – Account # Account Description FY 25-26 FY 26-27 FY 27-28 Total 10920141- 62300 Contract Services Professional $50,000 $50,000 $50,000 $150,000 10920141- 66511 Computer Software Subscriptions $53,827 $53,827 $53,827 $161,481 Total $103,827 $103,827 $103,827 $311,481 EXHIBIT(S) 1. Agreement with ProudCity, Inc. Submitted By: Jack Ciulla, Chief Technology Innovations Officer Approved By: Alvaro Nuñez, City Manager City Council 13 – 2 5/20/2025 ProudCity Terms of Service Santa Ana, CA City Council 13 – 3 5/20/2025 ProudCity ● 415.745.1482 ● info@proudcity.com ● proudcity.com Overview: ProudCity is a web platform that lets municipalities easily launch and manage government digital services all in one place: proudcity.com. We empower government to proudly serve residents, businesses and visitors and build a stronger sense of civic pride. Our service is designed to give municipalities as much control and ownership over what goes on your website as possible and encourage you to express yourself freely. However, be responsible in what you publish. In particular, make sure that none of the prohibited items (like spam, viruses, or serious threats of violence) appear on your website. Terms of Service: The following terms and conditions govern all use of ProudCity and all content, services, and products available at or through the website, including, but not limited to, our services. Our Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, ProudCity’s privacy policy) and procedures that may be published from time to time by ProudCity (collectively, the “Agreement”). You agree that we may automatically upgrade our Services, and these terms will apply to any upgrades. Your agreement is with ProudCity Inc., (each, “ProudCity” or “we”). Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our services, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access or use any of our services. If these terms and conditions are considered an offer by ProudCity, acceptance is expressly limited to these terms. Use of our Services requires a ProudCity account. You agree to provide us with complete and accurate information when you register for an account. You will be solely City Council 13 – 4 5/20/2025 ProudCity ● 415.745.1482 ● info@proudcity.com ● proudcity.com responsible and liable for any activity that occurs under your username. You are responsible for keeping your password secure. 1. ProudCity Platform ● Your ProudCity Account and Website. If you create a website on the ProudCity Platform, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the website. You must immediately notify ProudCity of any unauthorized uses of your website your account, or any other breaches of security. ProudCity will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. ● Responsibility of Contributors. If you operate a website, or otherwise make (or allow any third party to make) material available (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content or your conduct. That is the case regardless of what form the Content takes, which includes, but is not limited to text, photo, video, audio, or code. By using the ProudCity Platform, you represent and warrant that your Content and conduct do not violate these terms. If you delete Content, ProudCity will use reasonable efforts to remove it from your website, but you acknowledge that caching or references to the Content may not be made immediately unavailable. Without limiting any of those representations or warranties, ProudCity has the right (though not the obligation) to, in ProudCity’s sole discretion, (i) refuse or remove any content that, in ProudCity’s reasonable opinion, violates any ProudCity policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of ProudCity to any individual or entity for any reason. ProudCity will have no obligation to provide a refund of any amounts previously paid. ● Web Traffic. We use a third party, Google Analytics, to measure your website’s audience and usage. By hosting your site on the ProudCity Platform, you agree to assign the traffic relating to your website to ProudCity. If we or Google Analytics require additional documentation to verify ownership of your website or domain name, you agree to make reasonable efforts to accommodate such requests. City Council 13 – 5 5/20/2025 ProudCity ● 415.745.1482 ● info@proudcity.com ● proudcity.com ● Attribution. ProudCity reserves the right to display attribution links such as ‘Powered by ProudCity’, theme author, and font attribution in your footer or toolbar. Footer credits may not be altered or removed regardless of upgrades purchased. ● Payment and Renewal. ○ General Terms. ProudCity Standard Subscription pricing shall be a total cost of $113,481 over a three-year period. Santa Ana will pay $37,827 per year, commencing on July 1, 2025. The Standard Subscription for Santa Ana will include two subsites, Search+ and 50MB file upload upgrade. ○ Intranet subscription activation. Starting July 1, 2025 Santa Ana will choose to (1) deny the proof of concept, opting out of intranet subscription payments, (2) accept continuation of proof of concept with monthly subscription at a rate of $1,333.34 per month, or (3) accept proof of concept by paying the remaining annual subscription balance. The activated Intranet subscription is available July 1, 2025 for a total cost of $48,000 over a three year period. Santa Ana may cancel the intranet proof of concept subscription with thirty days written notice at any time. ○ Optional paid services. Optional paid services are available (any such services, an “Upgrade”). By selecting an Upgrade you agree to pay ProudCity the one time fee or monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. ProudCity shall honor pricing for two years following any price increase to existing customers. ○ Cancellation. Subscriptions and upgrades can be canceled at any time by contacting ProudCity but without refunds for previously paid invoices. ○ Enterprise Service. Enterprise services are provided by ProudCity under the terms and conditions for each such service. By signing up for Enterprise services, you agree to abide by such terms and conditions. ○ Service enhancements. Santa Ana approves an annual professional services not to exceed budget of $50,000 per year for professional services requested and approved by Santa Ana. Professional City Council 13 – 6 5/20/2025 ProudCity ● 415.745.1482 ● info@proudcity.com ● proudcity.com services go beyond the standard subscription and may include integrating with new third-party applications, feature requests, or service design consulting, content services, training, coaching or other strategic consulting. Professional service work orders will be managed through the below process: ● Santa Ana will make the request ● ProudCity will provide a time estimate to be billed at $150 per hour ● Santa Ana will approves the work order ● ProudCity completes order and bills for time spent to not exceed $50,000 per fiscal year ○ Total not-to-exceed amount. The total amount to be expended under this Agreement shall not exceed $311,481. This sum is composed of (a) the base ProudCity Standard Subscription amount $113,481 and (b) the Intranet subscription activation amount $48,000 and (b) professional services in the amount $150,000 for professional services at the City’s sole discretion. - This Agreement shall commence on July 1, 2025 and terminate on June 30, 2028, unless terminated earlier as provided for in this Agreement. 2. Responsibility of Visitors. ProudCity has not reviewed, and cannot review, all of the material, including computer software, posted to our Services, and cannot therefore be responsible for that material’s content, use or effects. By operating our Services, ProudCity does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful, or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Our Services may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Our Services may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. ProudCity disclaims any responsibility for any harm resulting from City Council 13 – 7 5/20/2025 ProudCity ● 415.745.1482 ● info@proudcity.com ● proudcity.com the use by visitors of our Services, or from any downloading by those visitors of content there posted. 3. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which your website links, and that link to your website. ProudCity does not have any control over those external websites, and is not responsible for their contents or their use. By linking to an external website, ProudCity does not represent or imply that it endorses such website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. ProudCity disclaims any responsibility for any harm resulting from your use of external websites and webpages. 4. Intellectual Property. This Agreement does not transfer from ProudCity to you any ProudCity or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with ProudCity. ProudCity, my.proudcity.com, proudcity.com, ProudCity logo, and all other trademarks, service marks, graphics and logos used in connection with ProudCity or our Services, are trademarks or registered trademarks of ProudCity or ProudCity’s licensors. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any ProudCity or third-party trademarks. This Agreement does not transfer from the customer to ProudCity any customer or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with the customer. The customer’s domain, logo, and all other trademarks, service marks and unique graphics used by the customer are trademarks or registered trademarks of the customer or customer’s licensors. Other trademarks, service marks, graphics and logos used in connection with the website may be the trademarks of other third parties. Notwithstanding, to the City Council 13 – 8 5/20/2025 ProudCity ● 415.745.1482 ● info@proudcity.com ● proudcity.com extent the customer engages ProudCity to develop a custom product or feature ProudCity shall be permitted to share that product or feature with any and all ProudCity customers. 5. Changes. We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by posting on one of our blogs, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose. 6. Termination. ProudCity may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your ProudCity account (if you have one), you may discontinue using our Services and stop billing by contacting ProudCity and request a termination of services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. 7. Disclaimer of Warranties. Our Services are provided “as is.” ProudCity and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither ProudCity nor its suppliers and licensors, makes any warranty that our City Council 13 – 9 5/20/2025 ProudCity ● 415.745.1482 ● info@proudcity.com ● proudcity.com Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk. 8. Limitation of Liability. In no event will ProudCity, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) the limits of any and all applicable insurance policies referenced herein. ProudCity shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law. 9. General Representation and Warranty. You represent and warrant that (i) your use of our Services will be in strict accordance with the ProudCity Privacy Policy, with this Agreement, and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct a nd acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of our Services will not infringe or misappropriate the intellectual property rights of any third party. 10. US Economic Sanctions. You expressly represent and warrant that your use of our Services and or associated services and products is not contrary to applicable U.S. Sanctions. Such use is prohibited, and ProudCity reserve the right to terminate accounts or access of those in the event of a breach of this condition. City Council 13 – 10 5/20/2025 ProudCity ● 415.745.1482 ● info@proudcity.com ● proudcity.com 11. Indemnification. We agree to mutually indemnify and hold harmless ProudCity and Santa Ana, CA, their contractors, and their licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of our Services, including but not limited to your violation of this Agreement. ProudCity agrees to indemnify and hold harmless City from any and all claims and expenses including attorney's fees arising out of any actions performed by ProudCity, its employees, consultants and contractors and for any claims of intellectual property, trademark or copyright infringement resulting from any services or work product provided by ProudCity pursuant to this Agreement. 12. Translation. These Terms of Service were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control. 13. Miscellaneous. This Agreement constitutes the entire agreement between ProudCity and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of ProudCity, or by the posting by ProudCity of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in San Francisco County, California. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the City Council 13 – 11 5/20/2025 ProudCity ● 415.745.1482 ● info@proudcity.com ● proudcity.com Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in San Francisco, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; ProudCity may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns. 14. Insurance. 1. INSURANCE. Consultant shall procure and maintain for the duration of the contract insurance against claims for security breaches, system failures, injuries to persons, damages to software, and damages to property (including computer equipment), theft, or other misuse of City’s data, infringement of intellectual property, invasion of privacy, and breach of data, which may arise from or in connection with the performance of the work hereunder by Consultant, its agents, representatives, or employees. A. 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 general aggregate. 2. Workers’ Compensation insurance as required by the State of California, with StatutoryLimits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident, policy, employee, for bodily injury or disease. City Council 13 – 12 5/20/2025 ProudCity ● 415.745.1482 ● info@proudcity.com ● proudcity.com 3. Automobile Liability (AL): Insurance Services Officer Form CA 00 01 covering code 1 (any auto, with limits no less than $1,000,000 combined single limits. 4. Technology Professional Liability Errors and Omissions Insurance (E&O): appropriate to the Company’s profession and work hereunder, with limits not less than $2,000,000 per occurrence and $2,000,000 aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by the Company in this agreement and shall include, but not be limited to, claims involving business interruption, damage to or destruction of electronic information, and alteration of electronic information. The policy shall provide coverage for Company’s failure to provide professional services and/or products under this Agreement. The Policy shall include, or be endorsed to include, damage to, alteration of, loss of, or destruction of electronic data and/or information “property” of Customer in the care, custody, or control of Company. B. If ProudCity maintains broader coverage and/or higher limits than the minimums shown above, the Entity requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Entity. C. Other Insurance Provisions- The insurance policies are to contain, or be endorsed to contain, the following provisions: 1. Additional Insured Status- The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of ProudCity including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to ProudCity’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used). 2. Primary Coverage- For any claims related to this contract, ProudCity’s insurance coverage shall be primary insurance primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the ProudCity insurance and shall not contribute with it. City Council 13 – 13 5/20/2025 ProudCity ● 415.745.1482 ● info@proudcity.com ● proudcity.com 3. Notice of Cancellation- Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the City. D. Waiver of Subrogation- ProudCity hereby grants to City a waiver of any right to subrogation which any insurer of ProudCity may acquire against the City by virtue of the payment of any loss under such insurance. ProudCity agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not ProudCity has received a waiver of subrogation endorsement from the insurer. E. Self-Insured Retentions- Self-insured retentions must be declared to and approved by the City. The City may require ProudCity to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City. F. Acceptability of Insurers- Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City. G. Verification of Coverage- ProudCity shall furnish City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage requiredby this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing allpolicy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive ProudCity’s obligation to provide them.The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. H. Subcontractors- ProudCity shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and ProudCity shall ensure that City is an additional insured on insurance required from subcontractors. I. Special Risks or Circumstances- City reserves the right to modify these requirements, including limits, based on the nature of therisk, prior experience, insurer, coverage, or other special circumstances. City Council 13 – 14 5/20/2025 ProudCity ● 415.745.1482 ● info@proudcity.com ● proudcity.com J. 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. 15. COMPLIANCE WITH ALL LAWS ProudCity will comply with all applicable federal, state and local laws. 16. INDEPENDENT CONTRACTOR ProudCity 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 ProudCity performs the services which are the subject matter of this Agreement; however, the services to be provided by ProudCity shall be provided in a manner consistent with all applicable standards and regulations governing such services. ProudCity 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. 17. CONFIDENTIALITY If ProudCity receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, ProudCity 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 ProudCity disclosed in a publicly available source; (c) is in rightful possession of the ProudCity without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the ProudCity without reference to information disclosed by the City. 18. CONFLICT OF INTEREST CLAUSE City Council 13 – 15 5/20/2025 ProudCity ● 415.745.1482 ● info@proudcity.com ● proudcity.com ProudCity 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. 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: IT Department City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 City Council 13 – 16 5/20/2025 ProudCity ● 415.745.1482 ● info@proudcity.com ● proudcity.com Santa Ana, CA 92702 To ProudCity: Attention: Kevin Herman, Chief Operating Officer ProudCity, Inc. 2219 Damuth Street Oakland, CA 94612 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 20. NON-DISCRIMINATION ProudCity shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, disability, gender identity, gender expression, or military and veteran’s service as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. ProudCity affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 21. PROFESSIONAL LICENSES ProudCity 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. ProudCity shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, City Council 13 – 17 5/20/2025 ProudCity ● 415.745.1482 ● info@proudcity.com ● proudcity.com approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 22. 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. 23. MISCELLANEOUS PROVISIONS Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, 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. City Council 13 – 18 5/20/2025 ProudCity ● 415.745.1482 ● info@proudcity.com ● proudcity.com Date: Exhibit A: Quote Proudly Serving Santa Ana, CA Official ProudCity quote for Santa Ana government digital services. City Council 13 – 19 5/20/2025 ProudCity ● 415.745.1482 ● info@proudcity.com ● proudcity.com Santa Ana Proud 2 ProudCity promise 2 Quote 3 Add-ons (optional) 4 About ProudCity 5 Proudly serving government 6 GovTech 100 7 ProudCity Network 8 Network 8 Network effect 8 Continuous improvement 8 Solutions 9 Websites 10 Content management 12 Documents 14 Meetings 15 Forms 16 Payments 17 Intranet 17 Digital Service Academy 19 Support 20 Accessibility 21 Security 22 Technical specifications 24 Renewals/cancellations 25 Contact 25 References 26 City Council 13 – 20 5/20/2025 ProudCity ● 415.745.1482 ● info@proudcity.com ● proudcity.com Santa Ana Proud Welcome to the future of Santa Ana digital government. ProudCity offers a fresh approach to supporting local government digital services: ● People-focused, accessible experience ● Continuous empowerment, training and support ● Network of local governments, building together ● Technology that continuously improves ProudCity promise We will always: ● Adhere to the highest digital government standards ● Serve you with honesty, empathy and humility We're ready to join you and proudly serve Santa Ana. Team ProudCity City Council 13 – 21 5/20/2025 ProudCity ● 415.745.1482 ● info@proudcity.com ● proudcity.com Quote Description Unit price Cost ProudCity Standard Plan ● ProudCity Web ● ProudCity Service Center $0.01 per resident/month (310,227 pop.)* $37,227 (per year) ● ProudCity Forms ● ProudCity Documents ● ProudCity Payments ● ProudCity Care ● ProudCity Safe ● Two subsites ● Search+ Documents ● 50MB per file upload increase $50 per month $600 (per year) Intranet subscription (optional) ● Activate proof of concept on July 1, 2025 with monthly installments ● Approve proof of concept by paying annual balance ● Or cancel proof of concept with 30 days notice to stop monthly payments $16,000 (per year) Professional services ● Annual not to exceed budget for coaching, strategy, training and content services ● $150 per hour professional services $150 per hour $50,000 (per year, not to exceed) Duration/description Total City Council 13 – 22 5/20/2025 ProudCity ● 415.745.1482 ● info@proudcity.com ● proudcity.com Recurring annual subscription ● ProudCity Standard Plan ● File upload increase ● Intranet ● Professional services Three years $311,481 *Based on 2010 U.S. Census population data Add-ons (optional) Intranet subscription ● $16,000 per year ● Hosting on private cloud server ● Security ● ProudCity updates ● Intranet updates ● SSO and network coordination ● Authentication for 1000+ users ● High daily pageviews with browser defaults set to intranet URL ● WordPress theme and plugin updates ● BuddyPress updates ○ In the chance that a plugin becomes no longer compatible, additional development work will be scoped separately Subsites ● Subscription: $150/month per subsite ● Onboarding: $4,500 (one-time) ● Separate, standalone website(s) ● Same platform/process ● Discounted subscription ● Administrative permissions ProudCity DotGov ● $500 one time setup City Council 13 – 23 5/20/2025 ProudCity ● 415.745.1482 ● info@proudcity.com ● proudcity.com About ProudCity ProudCity is a platform that makes it easy and cost-effective to launch and manage local digital government operations, including websites, meetings, online forms and payments. ProudCity serves local governments across the United States, including townships, boroughs, cities, agencies, utilities and government-focused non-profit organizations. Government Technology named ProudCity one of ‘5 to Watch’ in 2016 and has been included in its esteemed GovTech 100 list of top government technology companies since 2017. ProudCity has been featured in TechCrunch, Government Technology, StateScoop, NextGov, Government Computer News and Route Fifty. Government Technology said of ProudCity, “The future is here, and it’s a lot simpler.” ProudCity was founded in 2015. Learn more: proudcity.com/about City Council 13 – 24 5/20/2025 ProudCity ● 415.745.1482 ● info@proudcity.com ● proudcity.com Proudly serving government Our focus is serving local governments across the United States. City Council 13 – 25 5/20/2025 ProudCity ● 415.745.1482 ● info@proudcity.com ● proudcity.com GovTech 100 Since our founding, ProudCity has been honored by Government Technology’s GovTech 100 list. Learn more: proudcity.com/govtech100 City Council 13 – 26 5/20/2025 ProudCity ● 415.745.1482 ● info@proudcity.com ● proudcity.com ProudCity Network A collaboration between ProudCity and our government partners that helps us continuously improve our platform for them and the people they serve. Network The ProudCity Network is made up of: ● Local governments (that ProudCity serves) ● ProudCity (design/technology experts) Network effect All local government digital services in the ProudCity Network continuously improve by: ● Government partners giving product feedback to ProudCity ● ProudCity building that feedback into the ProudCity Platform Continuous improvement Based on this collaboration, we release regularly scheduled updates that include: ● New features ● Product enhancements ● Bug fixes ● Security updates Learn more: proudcity.com/network City Council 13 – 27 5/20/2025 ProudCity ● 415.745.1482 ● info@proudcity.com ● proudcity.com Solutions ProudCity makes it easy for Santa Ana to launch and manage your digital government services. This includes government-focused: ● Websites (ProudCity Web) ● Content management (ProudCity CMS) ● Documents (ProudCity Documents) ● Meetings (ProudCity Meetings) ● Forms (ProudCity Forms) ● Payments (ProudCity Payments) ● Security (ProudCity Safe) ● Support (ProudCity Care) ● Onboarding (ProudCity Onboarding) City Council 13 – 28 5/20/2025 ProudCity ● 415.745.1482 ● info@proudcity.com ● proudcity.com Websites ProudCity Web makes it easy for Santa Ana to launch secure, accessible websites. Domain: ● Custom (ex: yourcity.gov) Accessibility: ● WCAG 2.0 AA ● Details: ‘Accessibility’ section below Security: ● 100% encryption (HTTPS) Mobile-enabled: ● Smartphones ● Tablets ● Laptops ● Desktops ● TVs ● Kiosks Search: ● Predictive, type-ahead search ● Search all site content ● Category filters Answers: ● Search/category filter for FAQs Departments: ● Standardized department pages/subpages Directory: ● Agency/department, councils, staff, electeds filters ● People profile pages (photo, bio, social) ● Contact email, phone, address, fax Calendar: ● Search/filter by event type ● Save to calendars ( iCal, Google, Outlook, Yahoo!) ● Directions ● Share to social media Search engine optimization: ● Webmaster tools XML sitemap ● Automatic sitemap.xml generation City Council 13 – 29 5/20/2025 ProudCity ● 415.745.1482 ● info@proudcity.com ● proudcity.com ● Sitemap submitted to Google/Bing ● Structured HTML mark-up Alert bar: ● Site-wide emergency alert bar ● Color variations ● Customizable, editable text area Browser compatibility: ● Chrome ● Safari ● Firefox ● Bing ● Tor Learn more: proudcity.com/web City Council 13 – 30 5/20/2025 ProudCity ● 415.745.1482 ● info@proudcity.com ● proudcity.com Content management ProudCity CMS lets Santa Ana easily manage all aspects of your website content. Number of pages: ● Unlimited Licenses: ● Unlimited Roles/permissions: ● Admin ● Editor ● Author Publish/manage: ● Pages ● News posts ● Events ● Frequently asked questions ● Departments ● Documents ● Jobs Editors: ● Pagebuilder (drag and drop customization) ● Visual (WYSIWYG) ● Text (HTML) Design: ● Site branding (logo/colors/fonts) ● Pre-built page templates ● Customized page design ● Text modification (bold, italics, etc.) ● 30+ drag-and-drop widgets Navigation: ● Menus ● Breadcrumbs Media: ● Images (graphics/photos) ● Videos ● Documents (PDFs) Embedding: ● Documents City Council 13 – 31 5/20/2025 ProudCity ● 415.745.1482 ● info@proudcity.com ● proudcity.com ● iFrame (audio/video/media/social media/third party) Timing: ● Schedule (content publish/delete dates) ● Version management Links: ● Redirects ● Broken link checker Newsletter integration: ● MailChimp ● Constant Contact Data: ● 100% ownership ● 100% export (content and code) Analytics: ● Analytics dashboard ● Integrated with Google Analytics Learn more: proudcity.com/cms City Council 13 – 32 5/20/2025 ProudCity ● 415.745.1482 ● info@proudcity.com ● proudcity.com Documents ProudCity Documents makes it easy for Santa Ana to publish online documents. Files: ● Unlimited (under 25 MB per file) Example uses: ● Document lists ● Meetings ● Agendas ● Reports Management: ● Organize by folder Embedding: ● PDFs ● Single/multiple pages Search: ● Document title search NOTE: See Quote section below for ProudCity Documents and ProudCity Search+Docs add-on options and pricing. Learn more: proudcity.com/documents City Council 13 – 33 5/20/2025 ProudCity ● 415.745.1482 ● info@proudcity.com ● proudcity.com Meetings ProudCity Meetings helps Santa Ana publish and manage meeting minutes, agendas and videos. Publish: ● Agendas ● Minutes ● Videos (YouTube) ● Contact information Formats: ● Text/HTML ● PDF Design: ● Customize council, board, etc., meetings pages ● Add meetings widget to any page ● List upcoming meetings ● Display past meetings archive Timestamping: ● Bookmark timestamps in YouTube videos Search: ● Search meeting agendas/minutes from site search (advanced search with ProudCity Search+Docs) NOTE: See Quote section below for ProudCity Meetings add-on options and pricing. Learn more: proudcity.com/meetings City Council 13 – 34 5/20/2025 ProudCity ● 415.745.1482 ● info@proudcity.com ● proudcity.com Forms ProudCity Forms makes it easy to create and manage secure, mobile-friendly online forms. Number of forms: ● Unlimited Example uses: ● Payments (fines, tickets) ● Permits ● Issue reporting ● Job applications ● Subscriptions (alerts, newsletters) Accessibility: ● WCAG 2.0 AA Mobile-enabled: ● Smartphones ● Tablets ● Laptops ● Desktops ● TVs ● Kiosks Manage: ● Add/edit/delete forms ● Drag-and-drop form builder ● Confirmation pages / emails Documents: ● File uploads, attach documents to forms ● Associate digital forms with print versions Data: ● Forms manager dashboard ● Download form submissions to .xls/.csv Payments: ● PCI compliant credit card processing Integrations: ● ProudCity Payments ● MailChimp ● ConstantContact Learn more: proudcity.com/forms City Council 13 – 35 5/20/2025 ProudCity ● 415.745.1482 ● info@proudcity.com ● proudcity.com Payments ProudCity Payments makes it easy to set up and manage Santa Ana web and mobile payments. Number of payment forms: ● Unlimited Example uses: ● Permits ● Tickets/fines ● Event registrations ● Taxes Compliance: ● PCI compliant Credit cards: ● Visa ● Mastercard ● American Express ● + more Manage: ● Dashboard of payments, payouts, transactions ● Notifications (customized confirmation emails) ● Recurring payment transactions ● Issue refunds Data: ● Viewable/downloadable reports Learn more: proudcity.com/payments Intranet ProudCity Web makes it easy for Santa Ana to manage secure, accessible intranet Features ● Will use theme as provided: https://socialv.iqonic.design/ City Council 13 – 36 5/20/2025 ProudCity ● 415.745.1482 ● info@proudcity.com ● proudcity.com ● Password protection ● MFA option ● Active Directory SSO and integration ○ Add Active Directory SSO capabilities using LDAP to Wordpress connection ○ Integrate with Santa Ana ○ Use for profiles and directory ● Temporary password tool ● New permission level that will be for the majority of employees: read and comment ● BuddyPress ● Dashboard for alerts and announcements ● Commenting ● Policy acceptance Subscription ● Hosting on private cloud server ● Security ● ProudCity updates ● Intranet updates ● SSO and network coordination ● Authentication for 1000+ users ● High daily pageviews with browser defaults set to intranet URL ● WordPress theme and plugin updates ● BuddyPress updates ● In the chance that a plugin becomes no longer compatible, additional development work will be scoped separately City Council 13 – 37 5/20/2025 ProudCity ● 415.745.1482 ● info@proudcity.com ● proudcity.com Digital Service Academy ProudCity Digital Service Academy fully upskills, trains and onboards the Santa Ana team. Upskilling: Learn best practices in: ● Digital government ● Web accessibility ● Plain language ● Service design Training: Learn how to use ProudCity to fully manage: ● Pages ● Forms ● Meetings ● News ● Events ● Documents ● Payments ● + more Onboarding: Build and launch your website with: ● Expert project management ● Co-work ● Homework ● Collaborative customization ● Coaching ● Integration guidance Format: ● 12 weeks ○ Two one-hour co-work meetings per week ○ Estimated homework: 0-3 hours per week ● Launch in 90 days City Council 13 – 38 5/20/2025 ProudCity ● 415.745.1482 ● info@proudcity.com ● proudcity.com Learn more: proudcity.com/onboarding Support ProudCity Care ensures Santa Ana gets the customer support you need. Documentation: ● 24/7 public knowledge base ● Help videos ● Documentation (help.proudcity.com) ● Self-service guides (help.proudcity.com/guides) ● Frequently asked questions Ticketing: ● U.S. based ● Monday-Friday (within 24 hours) ● Weekends/holidays (within 48-hours) Emergency: ● Expedited Learn more: proudcity.com/support City Council 13 – 39 5/20/2025 ProudCity ● 415.745.1482 ● info@proudcity.com ● proudcity.com Accessibility Conformance: ● WCAG 2.0 AA ● ProudCity Voluntary Product Accessibility Template Statement: ● ProudCity accessibility statement Tools: ● ProudCity Accessibility Checker (PAC) Content: ● Skip links to primary page elements, website sitemap ● Keyboard tabbing ● Text resizing ● Required image "alt" tags ● Forms labeling, aria attributes ● Semantic markup and aria descriptors on UI components (icons, etc.) Testing: ● Web Accessibility Evaluation (WAVE) Learn more: proudcity.com/accessibility City Council 13 – 40 5/20/2025 ProudCity ● 415.745.1482 ● info@proudcity.com ● proudcity.com Security ProudCity Safe guarantees Santa Ana has a comprehensive approach to web security. Encryption: ● 100% HTTPS SSL Up-time: ● 99.9% monthly average Software updates: ● Every two weeks (minimum) ● Security vulnerabilities released immediately Authentication: ● Secure user storage authentication Back-up / recovery: ● Daily database/files back-ups stored in secondary data center for one week ● Weekly back-ups (every Sunday - stored for five weeks) ● Manual back-ups via customer support ticket Monitoring: ● Third-party monitoring (pings website up-time every five minutes with a 30-second threshold) ● Continuous monitoring for vulnerabilities (code, administrator access, backup verification) DDOS: ● Distributed denial-of-service protection Hot fixes: ● Serious vulnerabilities released immediately Learn more: proudcity.com/security City Council 13 – 41 5/20/2025 ProudCity ● 415.745.1482 ● info@proudcity.com ● proudcity.com City Council 13 – 42 5/20/2025 ProudCity ● 415.745.1482 ● info@proudcity.com ● proudcity.com Technical specifications ProudCity is powered by modern, open technologies. Hosting: ● Google Cloud ● Kubernetes ● Docker Infrastructure: ● Linux ● Apache ● PHP ● MySQL Encryption: ● Let’s Encrypt Authentication: ● Auth0 Search: ● Elasticsearch Front-end: ● Bootstrap ● Font Awesome Content management: ● WordPress Data: ● WordPress REST API License: ● GNU Affero GPL license, version 3 Learn more: proudcity.com/tech City Council 13 – 43 5/20/2025 ProudCity ● 415.745.1482 ● info@proudcity.com ● proudcity.com Renewals/cancellations ● Monthly/annual billing options, automatically renewed. ● Subscriptions/add-ons can be canceled any time. Contact ● Phone: (510) 671-0593 ● Email: info@proudcity.com ● Web: proudcity.com/contact City Council 13 – 44 5/20/2025 ProudCity ● 415.745.1482 ● info@proudcity.com ● proudcity.com References San Rafael, California cityofsanrafael.org Sean Mooney Sean.Mooney@cityofsanrafael.org 415.258.2646 Williams County, North Dakota williamsnd.com Lindsey Harriman lindseyh@co.williams.nd.us 701.577.4557 Marin County DPW, California publicworks.marincounty.org Julian Kaelon JKaelon@marincounty.org 415.473.4070 Montclair, California Cityofmontclair.org Edmund Garcia egarcia@cityofmontclair.org 909.625.9494 Somerville, New Jersey somervillenj.org Patty Hunt phunt@somervillenj.org 908.251.9727 Effingham, Illinois effinghamil.com Dennis Presley dpresley@effinghamil.com 217.342.5300 ext 5307 Willamina, Oregon willaminaoregon.gov Christine Talley CTalley@ci.willamina.or.us 503.876.2242 Montgomery, Ohio montgomeryohio.org Matthew Vanderhorst mvanderhorst@montgomeryohio.org 513.792.8323 City Council 13 – 45 5/20/2025 ProudCity ● 415.745.1482 ● info@proudcity.com ● proudcity.com City Council 13 – 46 5/20/2025 ProudCity Terms of Service with Quote exhibit Santa Ana - CAO signed (003) Final Audit Report 2025-05-06 Created:2025-05-06 By:MELANIE TORRES (MTorres@santa-ana.org) Status:Signed Transaction ID:CBJCHBCAABAAthY9U1l16d8d2imDw3px9TYbdYIIjxV4 "ProudCity Terms of Service with Quote exhibit Santa Ana - CA O signed (003)" History Document created by MELANIE TORRES (MTorres@santa-ana.org) 2025-05-06 - 10:11:10 PM GMT Document emailed to Jack Ciulla (jciulla@santa-ana.org) for signature 2025-05-06 - 10:11:19 PM GMT Email viewed by Jack Ciulla (jciulla@santa-ana.org) 2025-05-06 - 10:12:39 PM GMT Document e-signed by Jack Ciulla (jciulla@santa-ana.org) Signature Date: 2025-05-06 - 10:12:56 PM GMT - Time Source: server Agreement completed. 2025-05-06 - 10:12:56 PM GMT City Council 13 – 47 5/20/2025 Community Development Agency www.santa-ana.org/cd Item # 14 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report May 20, 2025 TOPIC: Agreement with StandUp for Kids to Provide Homeless Youth Rapid Re-Housing Services AGENDA TITLE Agreement with StandUp for Kids to provide Rapid Re-Housing Services Paired With Services Coordination for Homeless Youth from the Age of Eighteen to Twenty-Four (Non-General Fund) RECOMMENDED ACTION Approve an agreement with Standup for Kids Orange County, in an amount not to exceed $375,000, for Rapid Re-Housing and Services Coordination for a two-year period, beginning May 20, 2025, and ending May 19, 2027, with the option for the City to grant a one-year renewal in writing by the City Manager and the City Attorney (Agreement No. A-2025-XXX). GOVERNMENT CODE §84308 APPLIES: Yes DISCUSSION City of Santa Ana (City) has received four rounds of Homeless Housing Assistance, and Prevention Program (HHAP) funding from the State of California. As part of this funding, a minimum of 10% must be allocated as a “youth set-aside” to address the needs of homeless youth. This requirement focuses on serving individuals ages 18 to 24 who are experiencing or at risk of experiencing homelessness. For HHAP Round 4 (HHAP-4), the City selected Rapid Re-Housing and Services Coordination as the funded activities to address this 10% youth-set aside requirement. Please see the chart below for how the City allocated the 10% youth set-aside: Activities Funded by HHAP 4 Funds Percentage Allocated Shelter Operations 45% Street Outreach 45% Rapid Rehousing – Youth Set-aside 5% Services Coordination – Youth Set-aside 5% Rapid Re-Housing and Services Coordination aim to help individuals who are either experiencing homelessness or at risk of becoming homeless to transition quickly into secure housing. They assist with move-in costs, short-term rental subsidies, and City Council 14 – 1 5/20/2025 StandUp for Kids for Homeless Youth Rapid Re-Housing Services May 20, 2025 Page 2 4 9 9 4 support services designed to help individuals and families maintain stable housing once they have moved into a home or are at risk of losing their housing. These services aim to prevent homelessness or repeated episodes of homelessness by addressing the root causes that may lead to housing instability. Supportive services aimed at breaking the cycle include short- and medium-term rental assistance to help youth at risk of eviction or homelessness, along with security deposit assistance to reduce financial barriers to move-in. Housing Navigation services will support participants in locating and applying for safe, affordable housing, while staff will also engage landlords, resolve tenancy issues, and provide move-in essentials such as furniture and household items. Each youth will receive individualized case management to help set and achieve goals related to housing, employment, health, and education. In addition, participants will benefit from life skills training in budgeting, cooking, cleaning, time management, and conflict resolution to support independent living. Employment support includes resume-building workshops, job readiness training, access to paid internships, and referrals to employment programs, all aimed at promoting long-term stability and self-sufficiency. Providing both rental subsidies and support services together in one program will place youth in a better position to address the challenges that may have contributed to their homelessness. The City released a Request for Proposal (RFP #24-067A) on May 7, 2024, to secure these specific services only for homeless youth. The RFP was posted on the City’s PlanetBids portal and 23 organizations were notified either because they had previously expressed interest or were identified by staff as potentially eligible. Several of these organizations are based in the City of Santa Ana. However, only one organization submitted a proposal in response to this RFP. The City reviewed the submitted proposal and conducted a minimum threshold evaluation to ensure compliance with the RFP requirements. Following this evaluation, a Review Panel was formed consisting of staff from the Community Development Agency, and an in-person interview was conducted. The table below summarizes the results of the evaluation, providing the average score for the proposal. Proposal Submitted By Average Score* StandUp for Up Kids, Orange County 93.00 * Maximum score was 100 points StandUp for Kids was the sole respondent to the RFP and submitted a comprehensive proposal to provide rapid rehousing and service coordination for homeless Transition Age Youth (TAY) and those at imminent risk of homelessness. The organization demonstrated a strong track record of working with youth experiencing housing instability, and their proposal reflected a clear understanding of the unique challenges faced by this population. Their application outlined a well-structured service model, including housing navigation, case management, employment support, and life skills development, aligned with the goals of the City’s homeless services strategy. Additionally, StandUp for Kids provided evidence of existing partnerships, a qualified City Council 14 – 2 5/20/2025 StandUp for Kids for Homeless Youth Rapid Re-Housing Services May 20, 2025 Page 3 4 9 9 4 team, and the capacity to implement the program efficiently. Based on these strengths, their proposal was determined to be responsive to the RFP requirements and capable of meeting the intended outcomes. The agreement with StandUp for Kids Orange County (StandUp for Kids) is designed to support a minimum of 28 homeless or at-risk Santa Ana youth between the ages of 18 to 24, by providing rapid re-housing and services coordination to help them transition from crisis to self-sufficiency and remain stably housed. StandUp for Kids will also bring $30,000 in leveraged funds and an additional $37,002 in matching funds from work provided by mentors, tutors, administrative staff, and in-kind donations. The following outlines the specific assistance and services that will be offered: Rapid Rehousing (RRH) Program 1.Rental Assistance o Provides short- to medium-term rental subsidies to stabilize housing for youth and youth-headed families at risk of or experiencing homelessness. 2.Security Deposit Assistance o Covers move-in costs, reducing financial barriers for youth entering rental housing. 3.Application Fees o Covers application fees for rental units, which often pose a barrier to housing access. 4.Housing Navigation and Management o Includes assistance with locating safe, affordable housing; completing rental applications; engaging landlords; and providing move-in support (furniture, basic household items, etc.). 5.Program Management o Supports staffing, coordination, and day-to-day management of the RRH program. 6.Overhead (De Minimis) o Administrative overhead for program operations. 7.Leveraged Funds – $30,000 o SUFK will contribute an additional $30,000 in matching or supplemental funds to support housing stability and service delivery. Service Coordination Component 1.Coordination and Case Management o Staffed by a Case Manager, Mentoring Manager, and Director. o Provides one-on-one support to develop and monitor individualized service plans focused on housing retention, education, employment, and well-being. City Council 14 – 3 5/20/2025 StandUp for Kids for Homeless Youth Rapid Re-Housing Services May 20, 2025 Page 4 4 9 9 4 2.Employment Navigation o Offers job readiness training, resume workshops, and connections to employment opportunities and programs. 3.Participant Supports o Provides essential needs such as food, hygiene items, transportation assistance, clothing, school supplies, and household goods. 4.Client Internships o 14 paid internships (7 per year) help youth gain job experience, build professional skills, and earn income. 5.Overhead (De Minimis) o Covers indirect administrative costs. These combined services are designed to not only place youth in stable housing but also to support their long-term success and self-sufficiency through intensive case management, life skills development, and employment preparation. StandUp for Kids is devoted to preventing youth homelessness before it reaches a critical point. They will conduct weekly street outreach throughout the City in areas where homeless youth gather (e.g., malls, theaters, parks, campuses, etc.). StandUp for Kids will work to ensure the early identification of at-risk and foster youth by maintaining a large referral network with law enforcement, foster care agencies, healthcare agencies, hotlines, and youth organizations. StandUp for Kids is a current contractor with the City and is funded through Community Development Block Grant (CDBG) funds. Their existing program supports homeless students by providing a personalized path to self-sufficiency. A trained case manager and mentor from StandUp for Kids meets with each youth on campus twice a week, offering basic services, consistent adult mentorship, and academic tutoring to support graduation and long-term stability. The program set an annual goal to serve 25 students and, as of the end of the third quarter, has already served 27—exceeding its performance target. Based on current performance and outcomes, StandUp for Kids has demonstrated effectiveness in delivering meaningful services to youth in need. Although this organization does not have a physical location in the City, they are easily accessible by phone and through referrals and homeless referral networks. StandUp for Kids will collaborate with county service agencies to efficiently source key services for clients and provide the City with additional options for serving homeless youth. Over the past 20 years, StandUp for Kids has established strong partnerships while serving homeless and at-risk youth in Orange County. They will partner with various county-wide agencies to identify Santa Ana at-risk youth in the City as early as possible, including OC 211, the OC TAY (Transition Aged Youth) Collaborative, the Orange County Human Trafficking Task Force, OC United to End Homelessness (through United Way), and CityNet. StandUp for Kids coordinates services through the Orange County Continuum of Care (CoC) and its Coordinated Entry System (CES), referring clients to CES's participating agencies, including emergency shelters, transitional living, rapid re-housing, and permanent supportive housing resources. City Council 14 – 4 5/20/2025 StandUp for Kids for Homeless Youth Rapid Re-Housing Services May 20, 2025 Page 5 4 9 9 4 Based on the scope of work, proposed budget, score, and review process conducted by the City, the Review Panel recommends entering into a two-year agreement with StandUp for Kids, for a total amount not to exceed $375,000 (Exhibit 1). FISCAL IMPACT Funding is available in the FY 2024-25 budget. Any remaining balances not expended at the end of the fiscal year will be presented to City Council for approval of carryovers to FY 2025-26. Fiscal Year Accounting Unit-Account Fund Description Accounting Unit, Account Description Amount FY 24-25 12218718- 69135 Homeless Housing Assistance and Prevention Rnd. 4 HHAP-4, Payment to Subagent $375,000 Total:$375,000 EXHIBIT(S) 1. Agreement with StandUp for Kids Orange County Submitted By: Michael L. Garcia, Executive Director of Community Development Approved By: Alvaro Nuñez, City Manager City Council 14 – 5 5/20/2025 HOMELESS HOUSING, ASSISTANCE AND PREVENTION PROGRAM SUBCONTRACTOR AGREEMENT FOR RAPID RE-HOUSING AND SERVICES COORDINATION BETWEEN ST AND UP FOR KIDS AND THE CITY OF SANTA ANA THIS AGREEMENT is made and entered into on this 20th day of May, 2025 by and between StandUp for Kids, a California nonprofit corporation ("Subcontractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A.The State of California established the Homeless Housing, Assistance, and Prevention Program Round 4 ("HHAP-4" or "Program") pursuant to Chapter 6 (commencing with Section 50216) of Part 1 of Division 31 of the Health and Safety Code. (Amended by Stats. 2021, Ch. 111, Sec. 4 (AB 140) Effective July 19, 2021.) The Program is administered by the California Homeless Coordinating and Financing Council ("HCFC") in the Business, Consumer Services and Housing Agency. HHAP-4 provides flexible block grant funds to Continuums of Care, large cities and counties to build on the regional coordination created through previous HCFC grant funding and support local jurisdictions in their unified regional responses to reduce and end homelessness. B.The City is the recipient of HHAP-4 funds from the State of California. In 2023, the City entered into an agreement with the State of California, Agreement Number 23-HHAP- 10015 receiving and recognizing $5,092,995.47 in HHAP-4 grant funds to be used by the City to reduce and end homelessness (collectively, "State HHAP-4 Contract"). A true and coITect copy of the State HHAP-4 Contract is attached hereto as Exhibit A and incorporated herein by this reference. C.On May 7, 2024, the City issued a Request for Proposal No. 24-067 A ("RFP"), incorporated herein by reference as if set out in full, by which it sought a qualified subcontractor/consultant to provide special skills and knowledge in the field of Rapid Re Housing and Service Coordination under the Program. Subcontractor submitted a responsive proposal that was selected by the City. D.In accordance with the Program, the City will collaborate with Subcontractor to implement a Rapid Re-Housing program together with Services Coordination to meet the needs of Santa Ana residents under the age of 25 who ae experiencing homelessness in the City of Santa Ana. Rapid Re-Housing provides time-limited rental assistance and services. The Services Coordination component provides various stabilization services. E.Subcontractor has been made aware of the State HHAP-4 Contract and agrees to comply with the conditions of the State HHAP-4 Contract and he applicable State requirements governing the use of HHAP-4 grant funds. F.In undertaking the performance of this Agreement, Subcontractor represents that it is knowledgeable in its field and that any services performed by Subcontractor under this Page 1 of 10 #2006970v l EXHIBIT 1 City Council 14 – 6 5/20/2025 Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1.SCOPE OF SERVICES Subcontractor shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Services -Exhibit B, attached hereto and incorporated by reference. 2.COMPENSATION a.City agrees to pay, and Subcontractor agrees to accept as total payment for its services for City, the rates and charges identified in Compensation -Exhibit C. The total amount to be expended during the term of this Agreement shall not exceed $375,000.00. b.Payment by City shall be made within fo1ty-five ( 45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. City and Subcontractor agree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH) transfers. Subcontractor 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 Subcontractor's account(s) with financial institutions. Payment need not be made for work which fails to meet the standards of performance set fo1th in the Recitals which may reasonably be expected by City. 3.TERM This Agreement shall commence on the date first written above for a two (2) year term with the option for the City to grant up to a one 1-year renewal, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below. If the total compensation not to exceed $375,000 per Paragraph 2 is exhausted prior to end of the term of the Agreement, the Agreement shall te,minate at the time of the exhaustion of funds. 4.INDEPENDENT CONTRACTOR Subcontractor shall, during the entire te1m 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 Subcontractor perfo1ms the services which are the subject matter of this Agreement; however, the services to be provided by Subcontractor shall be provided in a manner consistent with all Page 2 of 10 #2006970v l EXHIBIT 1 City Council 14 – 7 5/20/2025 applicable standards and regulations governing such services. Subcontractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5.OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual prope11y embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Subcontractor under this Agreement ("Documents & Data"). Subcontractor 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. Subcontractor represents and warrants that Subcontractor has the legal right to license any and all Documents & Data. Subcontractor makes no such representation and waiTanty in regard to Documents & Data which were provided to Subcontractor 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 Prior to undertaking performance of work under this Agreement, Subcontractor 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 the City. Total cost of such insurance shall be borne by Subcontractor. MINIMUM SCOPE OF INSURANCE Subcontractor shall maintain limits of insurance coverage in the following minimum amounts and shall be at least as broad as: I.Commercial General Liability (CGL): Insurance Services Office Form CG 00 0 l covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & adve11ising injury with limits no less than $1,000,000 per occurrence and $2,000,000 aggregate. Required policy limits can be met with primary ad umbrella/excess insurance policies. 2.Sexual Abuse or Molestation Liability (SAML): If the CGL policy referenced above is not endorsed to include affomative coverage for sexual abuse or molestation, Subcontractor shall obtain and maintain a policy covering Sexual Abuse and Molestation within a limit of no less than $1,000,000 per occmTence or claim. 3.Automobile Liability (AL): Insurance Services Office Fo1m Number CA 00 01 covering any auto (Code 1), with limits no less than $1,000,000 combined single limits. Page 3 of 10 #2006970v l EXHIBIT 1 City Council 14 – 8 5/20/2025 In the event Subcontractor does not maintain commercial automobile liability insurance, City will accept evidence of personal automobile insurance. 4.Workers' Compensation (W/C): as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident, per employee, per policy for bodily injury or disease. Coverage is not required if Subcontractor has no employees and signs request to waive such insurance. If the Subcontractor maintains broader coverage and/or higher limits than the minimum requirements for each line of coverage shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the Subcontractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and overage shall be available to City. Other Insurance Provisions The 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 Consultant's CGL, Professional Liability, and Automobile Liability policies, with respect to any liability arising out of work or operations performed by or on behalf of the Subcontractor including materials, parts, equipment, and personnel furnished in connection with such work or operations. 2.Subcontractor'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 te1ms of any policy which arise from work performed by Subcontractor under this Agreement. 3.For any claims related to this contract, Subcontractor'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 Subcontractor'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 ( l 0) 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, Community Development Agency, 20 Civic Center Plaza M-25, Santa Ana, CA 92701. The name and location of event should 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 Subcontractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. Page 4 of 10 #2006970v l EXHIBIT 1 City Council 14 – 9 5/20/2025 Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A:VII, unless otherwise acce ptable to the City. Verification of Coverage Subcontractor shall furnish the City with original certificates and amendato1y endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to the City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Subcontractor's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Special Risks or Circumstances City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 7.INDEMNIFICATION Subcontractor 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 Subcontractor, 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 te1ms 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 te1ms of, or effects, arising from this Agreement. The Subcontractor further agrees to indemnify, hold haimless, 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 prope1ty 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 Subcontractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Subcontractor. 8.INTELLECTUAL PROPERTY INDEMNIFICATION Subcontractor 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 Page 5 of 10 #2006970v l EXHIBIT 1 City Council 14 – 10 5/20/2025 or documents provided by Subcontractor to the City pursuant to this Agreement. 9.RECORDS Subcontractor shall keep records and invoices in connection with the work to be performed under this Agreement. Subcontractor shall maintain complete and accurate records with respect to the costs incuITed 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 Subcontractor under this Agreement. All such records and invoices shall be clearly identifiable. Subcontractor 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. Subcontractor 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 Subcontractor under this Agreement. 10.CONFIDENTIALITY If Subcontractor receives from the City infonnation which due to the nature of such information is reasonably understood to be confidential and/or proprieta1y, Subcontractor 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 lnfotmation" shall include all nonpublic information. Confidential infonnation includes not only written info1mation, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either pa,ty by any subsidiary and/or agent of the other paity 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 Subcontractor disclosed in a publicly available source; (c) is in rightful possession of the Subcontractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Subcontractor without reference to information disclosed by the City. 11.CONFLICT OF INTEREST CLAUSE Subcontractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 12.NON-DISCRIMINATION Subcontractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic info,mation, or militaiy 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 Page 6 of IO #2006970v l EXHIBIT 1 City Council 14 – 11 5/20/2025 Agreement. Subcontractor affoms that it is an equal oppottunity 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 Subcontractor, 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 Subcontractor. The patties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the te1ms and conditions hereof, shall not bind or obligate Subcontractor or the City. Each patty to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any patty, 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 Subcontractor, Subcontractor 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 wtitten 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 perfotmed by City personnel or by other Subcontractors retained by City. 15.TERMINATION This Agreement may be te1minated by the City upon thi1ty (30) days written notice of termination. In such event, Subcontractor shall be entitled to receive and the City shall pay Subcontractor compensation for all services perfo1med by Subcontractor prior to receipt of such notice of termination, subject to the following conditions: a.As a condition of such payment, the Executive Director may require Subcontractor to deliver to the 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 Subcontractor 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 Page 7 of 10 #2006970vl EXHIBIT 1 City Council 14 – 12 5/20/2025 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.PR OFESSIONAL LICENSES Subcontractor 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. Subcontractor shall notify the City immediately and in writing of its inability to obtain or maintain such pe1mits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for te1mination of this Agreement. 19.NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: City Clerk City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714-647-6956 With courtesy copies to: Executive Director, Community Development Agency City of Santa Ana 20 Civic Center Plaza (M-25) P.O. Box 1988 Santa Ana, California 92702 Fax: 714-647-6956 #2006970v l Page 8 of 10 EXHIBIT 1 City Council 14 – 13 5/20/2025 To Subcontractor: Justine Palmore Executive Director StandUp for Kids 1055 El Camino Drive, Ste. E Costa Mesa, CA, 92626 A pa11y may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 20.MISCELLANEOUS PROVISIONS a.Each undersigned represents and warrants that its signature herein below has the power, autho,ity and right to bind their respective pa11ies to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b.All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. [ signatures on following page] Page 9 of 10 #2006970vl EXHIBIT 1 City Council 14 – 14 5/20/2025 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Jennifer L. Hall City Clerk APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: �clu. {2JJ ii,A � -A.Jll., Andrea Garcia-Miller Assistant City Attorney RECOMMENDED FOR APPROVAL: �L:i Michael L. Garcia Executive Director Community Development Agency #430687vl CITY OF SANTA ANA Alvaro Nufiez City Manager SUBCONTRACTOR: Name: tandUp for Kids Orange County Title: Executive Director Page 10 of 10 EXHIBIT 1 City Council 14 – 15 5/20/2025 EXHIBIT A STATE HHAP-4 CONTRACT EXHIBIT 1 City Council 14 – 16 5/20/2025 STATE OF CALIFORNIA -DEPARTMENT OF GENERAL SERVICES ,-------------.....,..---------------. STANDARD AGREEMENT STD 213 (Rev. 04/2020) AGREEMENT NUMBER 23-HHAP-10015 PURCHASING AUTHORITY NUMBER (If Applicable) 010725 1. This Agreement is entered into between the Contracting Agency and the Contractor named below: CONTRACTING AGENCY NAME Business, Consumer Services and Housing Agency CONTRACTOR NAME City of Santa Ana, Community Development Agency 2.The term of this Agreement is: START DATE 6/15/2023 THROUGH END DATE 12/31/2027 3. The maximum amount of this 1,greemt:nt .,:-11 $5,092,955.47 (Five Million Ninety Two Thousand Nine Hundred Fifty Five Dollars and Forty Seven Cents) 4. The parties agree to comply with the terms and conditions of the following exhibits, which are by this reference made a part of the Agreement. Exhibits Title Exhibit A Authority, Purpose and Scope of Work Exhibit B Budget Detail and Disbursement Provisions Exhibit C General Terms and Conditions Exhibit D Special Terms and Conditions - Exhibit E State of California General Terms and Conditions - Items shown with an astemk (•J, are hereby mcorporatea by relerence and made part ol t/1/S agreement as tf attached hereto. These documents can be viewed at https://www.d9s.ca.9ov/OLS/Resources IN WITNESS WHEREOF, THIS AGREEMENT HAS BEEN EXECUTED BY THE PARTIES HERETO. CONTRACTOR CONTRACTOR NAME (if other than an individual state whether a corporation, partnership, etc.) City of Santa Ana, Community Development Agency CONTRACTOR BUSINESS ADDRESS 20 Civic Center Plaza, M-25 CITY Santa Ana, s-11-1-3 STATE CA Pages 8 3 10 2 1 ZIP 92701 Page 1 of 2 EXHIBIT 1 City Council 14 – 17 5/20/2025 STATE OF CALIFORNIA-DEPARTMENT OF GENERAL SERVICES ,------------�--------------, STANDARD AG REEM ENT AGREEMENT NUMBER PUROIASING AUTHORITY NUMBER (If Applcable) Sl0213(Rev.04/2020) 23-HHAP-10015 010725 STATE OF CALIFORNIA CONTRACTING AGENCY NAME Business, Consumer Services and Housing Agency CONTRACTING AGENCY ADDRESS 500 Capitol Mall, Suite 1850 CITY Sacramento ISTATE IZIP CA 95814 PRINTED NAME OF PERSON SIGNING Lourdes Castro Ramirez C��.w AUTHORIZED SIGNATURE CALIFORNIA DEPARTMENT OF GENERAL SERVICES APPROVAL TlTlE Secretary DATE SIGNED Jun 15, 2023 EXEMPTION (If Applicable) Page2of2 EXHIBIT 1 City Council 14 – 18 5/20/2025 City of Santa Ana 23-HHAP-10015 Page 1 of 24 Homeless Housing, Assistance, and Prevention Program Round 4 {HHAP-4) Standard Agreement Contract for Funds ... ;_�-·.· ..... EXHIBIT A AUTHORITY, PURPOSE AND SCOPE OF WORK 1)Authority The State of California has established the Homeless Housing, Assistance, and Prevention Program Round 4 CUHHAP-4" or "Program") pursuant to Chapter 6 (commencing with Health and Safety Code (HSC) section 50216) of Part 1 of Division 31 of the Health and Safety Code. (Amended by Stats. 2021, Ch. 111, Sec. 4.(AB 140) Effective July 19, 2021.) The Program is administered by the California lnteragency Council on Homelessness ("Cal ICH") in the Business, Consumer Services and Housing Agency ("Agency"). HHAP-4 provides flexible block grant funds to Continuums of Care, large cities (population of 300,000+) and counties to build on the regional coordination created through previous Cal ICH grant funding and support local jurisdictions in their unified regional responses to reduce and end homelessness. This Standard Agreement/Contract for Funds along with all its exhibits ("Agreement") is entered into by Cal ICH and a Continuum of Care, a city, or a county ("Grantee") under the authority of, and in furtherance of the purpose of, the Program. In signing this Agreement and thereby accepting this award of funds, the Grantee agrees to comply with the terms and conditions of this Agreement, and the requirements appearing in the statutory authority for the Program cited above. 2)Purpose The general purpose of the Program is to (1) reduce homelessness by expanding or developing local capacity to address immediate homelessness challenges informed by a best-practices framework focused on moving homeless individuals and families into permanent housing and supporting the efforts of those individuals and families to maintain their pennanent housing; and (2} continue to build on regional coordination developed through previous rounds of HHAP funding (Chapter 6 (commencing with HSC section 50216). This funding shall: a)Continue to build regional collaboration between continuums of care, counties, and cities in a given region, regardless of population, and ultimately be used to develop a unified regional response to homelessness. TE Initial Here_ EXHIBIT 1 City Council 14 – 19 5/20/2025 City of Santa Ana 23-HHAP-10015 Page 2 of 24 b)Be paired strategically with other local, state, and federal funds provided to address homelessness in order to achieve maximum impact. Grantees of this funding are encouraged to reference Putting the Funding Pieces Together: Guide to Strategic Uses of New and Recent State and Federal Funds to Prevent and End Homelessness to assist in using funding strategically for their planning efforts in the delivery of services to people experiencing homelessness in the community. c)Be deployed with the goal of reducing the number of people experiencing homelessness in a given region through investing in long-term solutions, such as permanent housing. d)Include the State as an integral partner through the provision of technical assistance, sharing of best practices, and implementing an accountability framework to guide the structure of current and future state investments. 3)Definitions The following HHAP-4 program terms are defined in accor dance with Health and Safety Code section 50216, subdivisions (a) -(r): a)"Agency" means the Business, Consumer Services, and Housing Agency. b)"Applicant" means a Continuum of Care, city, county, or tribe. c)"City" means a city or city and county that is legally incorporated to provide local government services to its population. A city can be organized either under the general laws of this state or under a charter adopted by the local voters. d)"Continuum of Care" means the same as defined by the United States Department of Housing and Urban Development at Section 578.3 of Title 24 of the Code of Federal Regulations. e)"Coordinated Entry System" means a centralized or coordinated process developed pursuant to Section 578. 7 of Title 24 of the Code of Federal Regulations, as that section read on January 10, 2019, designed to coordinate homelessness program participant intake, assessment, and provision of referrals. In order to satisfy this subdivision, a centralized or coordinated assessment system shall cover the geographic area, be easily accessed by individuals and families seeking housing or services, be well advertised, and include a comprehensive and standardized assessment tool. TE Initial Here_ EXHIBIT 1 City Council 14 – 20 5/20/2025 City of Santa Ana 23-HHAP-10015 Page 3 of 24 f)"Council" means the California lnteragency Council on Homelessness, formerly known as the Homeless Coordinating and Financing Council created pursuant to Section 8257 of the Welfare and Institutions Code. g)"Emergency shelter" has the same meaning as defined in subdivision (e) of Section 50801. h)"Homeless" has the same meaning as defined in Section 578.3 of Title 24 of the Code of Federal Regulations, as that section read on January 10, 2019. I)"Homeless Management Information System" means the information system designated by a Continuum of Care to comply with federal reporting requirements as defined in Section 578.3 of Title 24 of the Code of Federal Regulations. The term "Homeless Management Information System" also includes the use of a comparable database . by a victim services provider or legal services provider that Is permitted by the federal government under Part 576 of Title 24 of the Code of Federal Regulations. j)"Homeless point-in-time count'' means the most recent point-in-time count that requires a sheltered and unsheltered count pursuant to Section 578.3 of Title 24 of the Code of Federal Regulations completed by all applic ants. k)"Homeless youth" means an unaccompanied youth between 12 and 24 years of age, inclusive, who is experiencing homelessness, as defined in subsection (2) of Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Set. 11434a(2)). "Homeless youth" includes unaccompanied youth who are pregnant or parenting. I)"Housing First' has the same meaning as in Section 8255 of the Welfare and Institutions Code, including all of the core components listed therein. m)• Jurisdictionn means a city, city that is also a county, county, or Continuum of Care, as defined in this section. n)"Navigation center" means a Housing First, low-barrier, service-enriched shelter focused on moving homeless individuals and families into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. o)"Program" means the Homeless Housing, Assistance, and Prevention program established pursuant to this chapter. 1)"Round 1" of the program means the funding allocated under the program with moneys appropriated dur ing the fiscal year beginning on July 1, 2019. TE Initial Here_ EXHIBIT 1 City Council 14 – 21 5/20/2025 City of Santa Ana 23-HHAP-10015 Page4 of 24 2)•Round 2" of the program means the funding allocated under the program with moneys appropriated during the fiscal year beginning on July 1, 2020. 3)•Round 3" of the program means the funding allocated under the program with moneys appropriated during the fiscal year beginning on July 1, 2021. 4)"Round 4" of the program means the funding allocated under the program with moneys appropriated during the fiscal year beginning on July 1, 2022. p)"Program allocation" means the portion of program funds availa ble to expand or develop local capacity to address immediate homelessness challenges. q)"Recipienr means a jurisdiction that receives funds from the Cal ICH for the purposes of the program. r)"Triben or "tribal applicanr means a federally recognized tribal government pursuant to Section 4103 of Title 25 of the United States Code. Additional definitions for the purposes of the HHAP-4 program: "Obligate" means that the Grantee has placed orders, awarded contracts, received services, or entered into similar transactions that require payment using HHAP-4 funding. Grantees, and the subrecipients who receive awards from those Grantees, must obligate the funds by the statutory deadlines set forth in this Exhibit A. "Expended" means all HHAP-4 funds obligated under contract or subcontract have been fully paid and receipted, and no invoices remain outstanding. 4)Scope of Work The Scope of Work ("Work·) for this Agreement shall include uses that are consistent with Health and Safety Code section 50218.7, subdivision (e), and section 50220.8, subdivisions (e), (f), and (g), and any other applicable laws. The Grantee shall expend funds on evidence-based programs serving people experiencing homele ssness among eligible populations, including any of the following eligible uses: a)Rapid rehousing, incl uding rental subsidies and incentives to landlords, such as security deposits and holding fees. b)Operating subsidies in new and existing affordable or supportive housing units, emergency shelters, and navigation cent ers. Operating subsidies may include operating reserves. TE Initial Here_ EXHIBIT 1 City Council 14 – 22 5/20/2025 City of Santa Ana 23-HHAP•10015 Page 5 of 24 c)Street outreach to assist persons experiencing homelessness to access permanent housing and services. d)Services coordination, which may inc lude access to workforce, education, and training programs, or other services needed to promote housing stability in supportive housing. e)Systems support for activities necessary to create regional partnerships and maintain a homeless services and housing delivery system, pa rticularly for vulnerable populations including families and homeless youth. f)Delivery of permanent housing and innovative housing solutions, such as hotel and motel conversions. g)Prevention and shelter diversion to permanent housing, including rental subsidies. h}Interim sheltering, limited to newly developed clinically enhanced congregate shelters, new or existing noncongregate shelters, and operations of existing navigation centers and shelters based on demonstrated need. Demonstrated need for purposes of this paragraph shall be based on the following: i)The number of available shelter beds in the city, county, or region served by a Continuum of Care. ii)The number of people experiencing unsheltered homelessness in the homeless point�in-time count. Iii) Shelter vacancy rate in the summer and winter months. iv)Percentage of exits from emergency shelters to permanent housing solutions. v)A plan to connect residents to permanent housing. vi)Any new interim sheltering funded by HHAP-4 funds must be low barrier, comply with Housing First as provided in Chapter 6.5 (commencing with Section 8255) of Division 8 of the Welfare and Institutions Code, and prioritize interventions other than congregate shelters. I)Improvements to existing emergency shelters to lower barriers and increase privacy. In addition to the eligible uses described above, the Grantee's expenditure of its entire HHAP-4 allocation must also comply with the following: TE Initial Here_ EXHIBIT 1 City Council 14 – 23 5/20/2025 City of Santa Ana 23-HHAP-10015 Page 6 of 24 a)At least 10 percent of the funds shall be spent on services for homeless youth populations. b)Not more than 7 percent of funds may be used for administrative costs incurred by the city, county, or continuum of care to administer its program allocation. For purposes of this Agreement, "administrative costs" does not include staff or other costs directly related to implementing activities funded by the program allocation. 5)Cal ICH Contract Coordinator The Cal ICH's Contract Coordinator for this Agreement is the Council's Grant Director or the Grant Director's designee. Unless otherwise instructed, any notice, report, or other communication requiring an original Grantee signature for this Agreement shall be mailed to the Cal ICH Contract Coordinator. If there are opportunities to send information electronically, Grantee will be notified via email by the Council's Grant Director or the Grant Director's designee ..The Representatives during the term of this Agreement will be: PROGRAM GRANTEE ENTITY: Business Consumer Services and City of Santa Ana, Community Housing Agency Development Agency !SECTION/UNIT:California lnteragency Council on Homelessness {Cal ICH) !ADDRESS:500 Capitol Mall Suite 1850 20 Civic Center Plaza, M-25, Sacramento, CA, 95814 Santa Ana, CA 92701 K:ONTRACT Jeannie McKendry Terri Eggers COO RDINATOR PHONE NUMBER: (916)510-9446 (714)647-5378 EMAIL ADDRESS: Jeannie.McKendry@bcsh.ca.gov teggers@santa-ana .org All requests to update the Grantee information listed within this Agreement shall be emailed to the Cal ICH Grants Division general email box at calichgrants@bcsh.ca.gov. The Council reserves the right to change their representative and/or contact information at any time with notice to the Grantee. TE Initial Here __ EXHIBIT 1 City Council 14 – 24 5/20/2025 City of Santa Ana 23-HHAP-10015 Page 7 of 24 6)Effective Date, Tenn of Agreement and Deadlines a)This Agreement is effective upon approval by Cal ICH (indicated by the signature provided by Cal ICH in the lower left section of page one, Standard Agreement, STD. 213), when signed by all parties. Funds will be disbursed in accordance with Section 3 of Exhibit B. b)This Agreement shall terminate on December 31, 2027. c)A grantee shall contractually obligate no less than 75 percent and shall expend no less than 50 percent of their initial (50 percent) HHAP-4 disbursement by May 31, 2025. Upon demonstration by a grantee that it has complied with this requirement and remains on track to meet its outcome goals, as determined by the council pursuant to Health and Safety Code section 50223, the council shall disburse to that recipient the remaining 50 percent of its total HHAP-4 allocation pursuant to Health and Safety Code section 50218.7(a). i)Grantee will demonstrate compliance with these requirements by completing the certification documentation in the form and manner provided by the council. d)If a grantee has obligated less than 75 percent or expended less than 50 percent of their initial (5 0 percent) HHAP-4 disbursement by May 31, 2025, the grantee shall not contractually obligate or expend any remaining portion of its round 4 initial program allocation, and the council shall not allocate to the recipient the remaining 50 percent of its total allocation, unless both of the following occur: i)On or before June 30, 2025, the grantee submits an alternative disbursement plan to Cal ICH that includes an explanation for the delay. Ii) Cal ICH approves the alternative disbursement plan. If Cal ICH cannot approve an alternative disbursement plan, Cal ICH will provide the grantee with guidance on the revisions needed in order to approve the alternative disbursement plan. If the funds identified •in the approved alternative disbursement plan are not fully expended by December 31, 2026, the funds shall be returned to the Cal ICH to be allocated as bonus awards. e)Grantees that do not meet the final expenditure deadlines in Health and Safety Code section 50220.B(k) shall not be eligible for bonus funding. TE Initial Here_ EXHIBIT 1 City Council 14 – 25 5/20/2025 f)All HHAP-4 funds shall be expended by June 30, 2027. City of Santa Ana 23-HHAP�10015 Page 8 of 24 g)In accordance with Health and Safety Code section 50220.8, subdivision (k), Cal ICH retains the right to require a corrective action plan of grantees that are not on track to fully expend funds by the statutorily required deadline. h)Any funds not expended by June 30, 2027, including bonus funds, shall revert to and be paid and deposited In, the General Fund pursuant to Health and Safety Code section 50220.8(p). I)The council may request additional information from applicants, as needed, to meet other applicable reporting or audit requirements. j)Bonus Funds: Health and Safety Code section 50220.8 mandates the following, regarding a recipient's eligibility for Bonus Funding: i)Recipients that do not meet the obligation requirements laid out in Health and Safety Code section 50220.S{k) shall not be eligible for bonus funding; ii)Recipients shall demonstrate no later than June 30, 2025, whether they have successfully met their outcome goals; and Iii) Jurisdictions that have not met their outcome goals shall not be eligible for bonus funding and shall accept technical assist ance from council staff. In addition, jurisdictions that have not met their outcome goals may also be required to limit allowable uses of program funds, as determined by the Council. Iv) If recipient receives bonus funding, the bonus funds will be distributed as an amendment to this contract. No additional contract will be executed. 7)Special Conditions Cal ICH reserves the right to add any special conditions to this Agreement it deems necessary to ensure that the goals of the Program are achieved. TE Initial Here_ EXHIBIT 1 City Council 14 – 26 5/20/2025 City of Santa Ana 23-HHAP-10015 Page 9 of 24 Homeless Housing, Assistance, and Prevention Program Round 4 (HHAP-4) Standard Agreement EXHIBIT B BUDGET DETAIL and DISBURSEMENT PROVISIONS 1)Budget Detail & Changes The Grantee agrees that HHAP-4 funds shall be expended on uses that support regional coordination and expand or develop local capacity to address immediate homelessness challenges. Such activities must be infonned by a best-pract ices framework focused on moving people experiencing homelessness into pennanent housing and su pporting the efforts of those individuals and families to maintain their permanent housing. The Grantee shall expend the HHAP-4 funds on eligible activities as detailed in Health and Safety Code section 50218.?{e) and section 50220.8, subdivisions (e), and (f). 2)General Conditions Prior to Disbursement All Grantees must submit the following fonns prior to HHAP-4 funds being released: •Request for Funds Form ("RFP')•STD 213 Standard Agreement form and initialed Exhibits A through F •STD 204 Payee Data Record or Government Agency Taxpayer ID Form 3)Disbursement of Funds Initial Disbursement Fifty percent of a grantee's HHAP-4 funds will be disbursed to the Grantee upon receipt, review and approval of the completed Standard Agreement and RFF by Cal ICH, the Department of General Services (DGS) and the State Controller's Office (SCO). The RFF must include the proposed eligible uses and the amount of funds proposed for expenditure under each eligible use. The Initial disbursement of HHAP-4 funds will be disbursed in one allocation via mailed check once the RFF has been received by the SCO. Checks will be mailed to the address and contact name listed on the RFF. TE Initial Here_ EXHIBIT 1 City Council 14 – 27 5/20/2025 Remainder Disbursement City of Santa Ana 23-HHAP-10 015 Page 10 of 24 a)Cal ICH will disburse the remaining fifty percent of HHAP-4 funds upon demonstration by a Grantee that it has complied with the requirement to contractually obligate and expend a minimum amount of its round 4 program allocation, as described below, and remains on track to meet its outcome goals, as determined by the council pursuant to Section 50223. I)A grantee shall contractually obligate no less than 75 percent and shall expend no less than 50 percent of their initial (50 percent) HHAP-4 disbursement by May 31, 2025. Upon demonstration by a grantee that it has complied with this requirement and remains on track to meet its outcome goals, as determined by the council pursuant to Health and Safety Code section 50223, the council shall disburse to that recipient the remaining 50 percent of its total HHAP-4 allocation pursuant to Health and Safety Code section 50218.7(a). b)If a grantee has obligated less than 75 percent or expended less than 50 percent of their initial disbursement by May 31, 2025, the grantee shall not contractually obligate or expend any remaining portion of its round 4 initial program allocation, and the council shall not allocate to the recipient the remaining 50 percent of its total allocation, unless both of the follo wing occur: I)On or before June 30, 2025, the grantee submits an alternative disbursement plan to Cal ICH that includes an explanation for the delay. ii)Cal ICH approves the alternative disbursement plan. If Cal ICH cannot approve an alternative disbursement plan, Cal ICH will provide the grantee with guidance on the revisions needed in order to approve the alternative disbursement plan. 4)If a Grantee is not on track to meet outcome goals, grantee must agree to receive TA from Cal ICH to get back on track with the outcome goals before the Council allocates the remaining 50 percent of a recipient's allocation. Bonus Funds Disbursement If a Grantee qualifies for Bonus Funds pursuant to the requirements laid out in Health and Safety Code section 50220.7, Cal ICH will determine the amount of Bonus Funds the Grantee is eligible for and will disburse these Bonus Funds to the Grantee upon receipt, review and approval of the completed Amended Standard Agreement and RFF by Cal ICH, the Department of General Services (DGS) and the State Controller's Office (SCO). The RFF must include the proposed eligible uses and the amount of funds proposed for expenditure under each eligible use. The Bonus Funds disbursement of TE Initial Here_ EXHIBIT 1 City Council 14 – 28 5/20/2025 City of Santa Ana 23-HHAP-10015 Page 11 of 24 HHAP-4 funds will be allocated in one disbursement via mailed check once the RFF has been received by the SCO. Checks will be mailed to the address and contact name listed on the RFF. 5)Expenditure of Funds All HHAP-4 funds must be spent in accord ance with Health and Safety Code section 50218.7(e) and section 50220.8, sub divisions (e), and (f), and as described in Exhibit A, Section 4 "Scope of Work". 6)Ineligible Costs a)HHAP-4 funds shall not be used for costs associated with activities in violation of any law or for any activities not consistent with the intent of the Program and the eligible uses identified in Health and Safety Code section 50220.8, subdivisions (e), (f), and {g}. b)Cal ICH reserves the right to request additional cl'arifying information to determine the reasonableness and eligibility of all uses of the funds made available by this Agreement. If the Grantee or its funded subrecipients use HHAP-4 funds to pay for ineligible activities, the Grantee shall be required to reimburse these funds to Cal ICH. c)An expenditure which is not authorized by this Agree ment, or by written approval of the Grant Manager or his/her designee, or which cannot be adequately documented, shall be dis allowed and must be reimburs ed to Cal ICH by the Grantee. Cal ICH, at its sole and absolute discretion, shall make the final determination regarding the allowability of HHAP-4 fund expenditures. d)Program funds shall not be used to supplant existing local funds for homeless housing, assistance, or prevention. HHAP funds cannot replace local funds that are committed to an existing or developing homeless assistance program. However, if funds previously supporting a service or project end or are reduced for reasons beyond the control of the grantee and services or housing capacity will be lost as a result of these funds ending, HHAP funds may be used to maintain the service or program. Examples include, but are not limited to, a time limited city and/or county tax or one-time block grant, such as HEAP. TE Initial Here_ EXHIBIT 1 City Council 14 – 29 5/20/2025 City of Santa Ana 23-HHAP-10015 Page 12 of 24 Homeless Housing, Assistance, and Prevention Program Round 4 (HHAP-4) Standard Agreement EXHIBIT C GENERAL TERMS AND CONDITIONS 1)Termination and Sufficiency of Funds a)Termination of Agreement Cal ICH may terminate this Agreement at any time for cause by giving a minimum of 14 days' notice of termination, in writing, to the Grantee. Cause shall consist of violations of any conditions of this Agreement, any breach of contract as described in paragraph 6 of this Exhibit C; violation of any federal or state laws; or withdrawal of Cal ICH's expenditure authority. Upon termination of this Agreement, unless otherwise approved in writing by Cal ICH, any unexpended funds received by the Grantee shall be returned to Cal ICH within 30 days of Cal ICH's notice of termination. b)Sufficiency of Funds This Agreement is valid and enforceable only if sufficient funds are made available to Cal ICH by legislative appropriation. In addition, this Agreement is subject to any additional restrictions, limitations or conditions, or statutes, regulations or any other laws, whether federal or those of the State of California, or of any agency, department, or any political subdivision of the federal or State of California governments, which may affect the provisions, terms or funding of this Agreement in any manner. 2)Transfers Grantee may not transfer or assign by subcontract or novation, or by any other means, the rights, duties, or performance of this Agreement or any part thereof, except as allowed within Exhibit C Section 12 (Special Conditions -Grantees/Sub Grantee) or with the prior written approval of Cal ICH and a formal amendm ent to this Agreement to affect such subcontract or novatlon. 3)Grantee's Application for Funds Grantee has submitted to Cal ICH an application for HHAP-4 funds to support regional coordinat ion and expand or develop local capacity to address its immediate homelessness challenges. Cal ICH is entering into this Agreement on the basis of Grantee's facts, information, assertions and representations contained in that application. Any subsequent modifications to the original funding plans submitted within the original application must be requested through the formal HHAP Budget Modification Request Process and are subject to approval by Cal ICH. TE Initial Here_ EXHIBIT 1 City Council 14 – 30 5/20/2025 City of Santa Ana 23-HHAP-10015 Page 13 of 24 Grantee warrants that all information, facts, asse rtions and representations contained in the application and approved modifications and additions thereto are true, correct, and complete to the best of Grantee's knowledge. In the event that any part of the application and any approved modification and addition thereto is untrue, incorrect, incomplete, or misleading in such a manner that would substantially affect Cal ICH approval, disbursement, or monitoring of the funding and the grants or activities governed by this Agreement, then Cal ICH may declare a breach of this Agreement and take such action or pursue such remedies as are legally available. 4)Reporting/Audits a)Annual Reports By January 1, 2024, and annually on that date thereafter until all funds have been expended, the Grantee shall submit an annual report to Cal ICH in a format provided by Cal ICH. Annual Reports will include a request for data on expenditures and people served with HHAP-4 funding, details on specific projects selected for the use of HHAP-4 funding, and data regarding the progress towards outcome goals. If the Grantee fails to provide such documentation, Cal ICH may recapture any portion of the amount authorized by this Agreement with a 14-day written notification. No later than October 1, 2027, the Grantee shall submit a final report, in a format provided by Cal ICH, as well as a detailed explanation of all uses of the Program funds. b)Quarterly Expenditure Reports In addition to the annual reports, Cal ICH requires the Grantee to submit quarterly expenditure reports due no later than 30 days following the end of each fiscal quarter. Grantee shall submit a report to Cal ICH on a form and method provided by Cal ICH that includes the ongoing tracking of the specific uses and expenditures of any program funds broken out by eligible uses listed, including the current status of those funds, as well as any additional information Cal ICH deems appropriate or necessary. If the Grantee fails to provide such documentation, Cal ICH may recapture any portion of the amount authorized by this Agreement with a 14-day written notification. c)Reporting Requirements i)Annual Report: The annual report shall contain detailed information in accordance with Health and Safety Code section 50223, subdivision (a). This information includes the following, as well as any additional information deemed appropriate or necessary by Cal ICH: (1)Data collection shall include, but not be limited to, infonnation regarding individuals and families served, including demographic information, information regarding partnerships among entities or lack thereof, and participant and regional outcomes. TE Initial Here_ EXHIBIT 1 City Council 14 – 31 5/20/2025 City of Santa Ana 23-HHAP-10015 Page 14 of 24 (2)The performance monitoring and accountability framework shall include clear metrics, which may include, but are not limited to, the following: (a)The number of individual exits to permanent housing, as defined by the United States Department of Housing and Urban Development, from unsheltered environments and interim housing result ing from this funding. (b)Racial equity, as defined by the council in consultation with representatives of state and local agencies, service providers, the Legislature, and other stakeholders. (c)Any other metrics deemed appropriate by the council and developed in coordination with representatives of state and local agencies, advocates, service providers, and the Legislature. (3)Data collection and reporting requirements shall support the efficient and effective administration of the program and enable the monitoring of jurisdiction performance and program outcomes. Data shall include progress towards meeting the grantee's outcome goals. If significant progress toward outcome goals has not been made, the applicant shall: (a} Submit a description of barriers and possible solutions to meet those barriers (b)Accept technical assistance from Cal ICH (c)Include the progress towards outcome goals in all subsequent quarterly reports, until significant progress is made as deemed by Cal ICH •• ii)Expenditure Report: The expenditure report shall contain data on expenditures of HHAP-4 funding including but not limited to obligated funds, expended funds, and other funds derived from HHAP-4 funding. Iii) Final Expenditure Plan: During the final fiscal year of reporting, grantees may be required to include a plan to fully expend HHAP-4 grant funding. This plan must be submitted with the quarterly expenditure report in a format to be provided by Cal ICH. TE Initial Here_ EXHIBIT 1 City Council 14 – 32 5/20/2025 City of Santa Ana 23-HHAP-10015 Page 15 of 24 iv)Grantees or their subcontractors must report client data into their local Homeless Management Information Systems (HMIS) pursuant to the requirements of Assembly Bill (AB) 977 (Chapter 397, Statutes of 2021) v)Cal ICH may require additional supplemental reporting with written notice to the Grantee. vi)Grantee may, at their discretion, fully expend their HHAP-4 allocation prior to the end date of the grant term and will not be required to submit quarterly fiscal reports after the quarter in which their allocation was fully expended. d)Auditing Cal ICH reserves the right to perform or cause to be performed a financial audit. At Cal ICH request, the Grantee shall provide, at its own expense, a financial audit prepared by a certified public accountant. HHAP-4 administrative funds may be used to fund this expense. Should an audit be required, the Grantee shall adhere to the following conditions: I)The audit shall be performed by an independent certified public accountant. II)The Grantee shall notify Cal ICH of the auditor's name and address immediately after the selection has been made. The contract for the audit shall allow access by Cal ICH to the independent auditor's working papers. iii)The Grantee is responsible for the completion of audits and all costs of preparing audits. iv)If there are audit findings, the Grantee must submit a detailed response acceptable to Cal ICH for each audit finding within 90 days from the date of the audit finding report. 5)Inspection and Retention of Records a}Record Inspection Cal ICH or its designee shall have the right to review, obtain, and copy all records and supporting documentation pertaining to performance under this Agreement. The Grantee agrees to provide Cal ICH, or its designee, with any . relevant information requested. The Grantee agrees to give Cal ICH or its designee access to its premises, upon reasonable notice and during normal business hours, for the purpose of interviewing employees who might reasonably have information related to such records, and of inspecting and copying such books, records, accounts, and other materials that may be relevant to an investigation of compliance with the Homeless Housing, Assistance, and TE Initial Here_ EXHIBIT 1 City Council 14 – 33 5/20/2025 City of Santa Ana 23-HHAP-10015 Page 16 of 24 Prevention Program laws, the HHAP-4 program guidance document published on the website, and this Agreement. In accordance with Health and Safety Code section 50220.8, subdivision (m), if upon inspection of records Cal ICH identifies noncompli ance with grant requirements, Cal ICH retains the right to impose a corrective action plan on the Grantee. b)Record Retention The Grantee further agrees to retain all records described in subparagraph a for a minimum period of five (5) years after the termination of this Agreement. If any litigation, claim, negotiation, audit, monitoring, Inspection, or other action has been commenced before the expiration of the required record retention period, all records must be retained until completion of the action and resolution of all issues which arise from it. c)Public Records Act The grantees' final HHAP-4 application, this contract, and other documents related to the grant are considered public records, which are available for public viewing pursuant to the California Public Records Act. 6)Breach and Remedies a)Breach of Agreement Breach of this Agreement includes, but is not limited to, the following events: i)Grantee's failure to comply with the terms or conditions of this Agreement. Ii) Use of, or permitting the use of, HHAP-4 funds provided under this Agreement for any ineligible activities. iii)Any failure to comply with the deadlines set forth in this Agreement. b}Remedies for Breach of Agreement In addition to any other remedies that may be available to Cal ICH in law or equity for breach of this Agreement, Cal ICH may: i)Bar the Grantee from applying for future HHAP funds; ii)Revoke any other existing HHAP-4 award(s) to the Grantee; iii}Require the return of any unexpended HHAP-4 funds disbursed under this Agreement; TE Initial Here_ EXHIBIT 1 City Council 14 – 34 5/20/2025 City of Santa Ana 23-HHAP-10015 Page 17 of 24 iv)Require repayment of HHAP-4 funds disbursed and expended under this Agreement; v)Require the immediate return to Cal ICH of all funds derived from the use of HHAP-4 funds vi)Seek, in a court of competent jurisdiction, an order for specific performance of the defaulted obligation or participation in the technical assistance in accordance with HHAP-4 requirements. c)All remedies available to Cal ICH are cu mulative and not exclusive. d)Ca l ICH may give written notice to the Grantee to cure the breach or violation within a period of not less than 15 days. 7)Waivers No waiver of any breach of this Agreement shall be held to be a waiver of any prior or subsequent breach. The failure of Cal ICH to enforce at any time the provisions of this Agreement, or to require at any time, performance by the Grantee of these provisions, shall in no way be construed to be a waiver of such provisions nor to affect the validity of this Agreement or the right of Cal ICH to enforce these provisions. 8)Nondiscrimination During the performance of this Agreement, Grantee and its subrecipients shall not unl awfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex {gender), sexual orientation, gender identity, gender expression, race, color, ancestry, religion, creed, national origin (including language use restriction), pregnancy, physical disability (including HIV and AIDS), mental disability, medical condition (cancer/genetic characteristics), age (over 40), genetic information, marital status, military and veteran status, and denial of medical and family care leave or pregnancy disability leave. Grantees and Sub grantees shall ensure that the evaluation and treatment of their employees and ap plicants for employment are free from such discrimination and harassment. Grantee and its subrecipients shall comply with the provisions of California's laws against discriminatory practices relating to specific groups: the California Fair Employment and Housing Act {FEHA) (Gov. Code,§ 12900 et seq.); the regulations promulgated thereunder (Cal. Code Regs., tit. 2, § 11000 et seq.); and the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code, §§ 11135 -11139.5). Grantee and its subrecipients shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. TE Initial Here_ EXHIBIT 1 City Council 14 – 35 5/20/2025 9)Conflict of Interest City of Santa Ana 23-HHAP-10015 Page 18 of 24 All Grantees are subject to state and federal conflict of interest laws. For instance, Health and Safety Code section 50220.5, subdivision (i) states, "For purposes of Section 1090 of the Government Code, a representative of a county serving on a board, committee, or body with the primary purpose of administering funds or making funding recommendations for applications pursuant to this chapter shall have no financial interest in any contract, program, or project voted on by the board, committee, or body on the basis of the receipt of compensation for holding public office or public employment as a representative of the county." Failure to comply with these laws, including business and financial disclosure provisions, will result in the applicat ion being rejected and any subsequent contract being declared void. Other legal action may also be taken. Additional applicable statutes include, but are not limited to, Government Code section 1090 and Public Contract Code sections 10410 and 10411. a)Current State Employees: No State officer or employee shall engage in any employment, activity, or enterprise from which the officer or employee receives compensation or has a financ ial interest, and which is sponsored or funded by any State agency, unless the employment, activity, or enterprise is required as a condition of regular State employment. No State officer or employee shall contract on his or her own behalf as an independent Grantee with any State agency to provide goods or services. b)Former State Employees: For the two-year period from the date he or she left State employment, no former State officer or employee may enter into a contract in which he or she engaged in-any of the negotiations, transactions, planning, arrangements, or any part of the decision-making process relevant to the contract while employed in any capacity by any State agency. For the twelve- month period from the date he or she left State employment, no former State officer or employee may enter into a contract with any State agency if he or she was employed by that State agency in a policy-making position in the same general subject area as the proposed contract within the twel ve-month period prior to his or her leaving State service. c)Employees of the Grantee: Employees of the Grantee shall comply with all applicable provisions of law pertaining to conflicts of interest, including but not limited to any applicabre conflict of interest provisions of the Political Reform Act of 1974 (Gov. Code,§ 81000 et seq.). d)Representatives of a County: A representative of a county serving on a board, committee, or body with the primary purpose of administering funds or making funding recommendations for applications pursuant to this chapter shall have no financial interest in any contract, program, or project voted on by the board, TE Initial Here_ EXHIBIT 1 City Council 14 – 36 5/20/2025 City of Santa Ana 23-HHAP-10015 Page 19 of 24 committee, or body on the basis of the receipt of compensation for holding public office or public employment as a representative of the county. 10)Drug-Free Workplace Certification Certification of Compliance: By signing this Agreement, Grantee hereby certifies, under penalty of perjury under the laws of State of California, that it and its subreclplents will comply with the requirements of the Drug-Free Workplace Act of 1990 (Gov. Code, section 8350 et seq.) and have or wlll provide a drug-free workplace by taking the following actions: Publish a statement notifying employees and subrecipients that unlawful manufacture distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees, Grantees, or subrecipients for violations, as required by Government Code section 8355, subdivision (a)(1 ). a)Establish a Drug-Free Awareness Program, as required by Government Code section 8355, subdivision (a)(2) to inform employees, Grantees, or subrecipients about all of the following: I)The dangers of drug abuse in the workplace; Ii) Grantee's policy of maintaining a drug-free workplace; iii)Any available counseling, rehabilitation, and employee assistance program; and Iv) Penalties that may be imposed upon employees, Grantees, and subrecipients for drug abuse violations. b)Provide, as required by Government Code section 8355, subdivision (a)(3), that every employee and/or subrecipient that works under this Agreement: I)Will receive a copy of Grantee's drug-free policy statement, and ii)Will agree to abide by terms of Grantee's condition of employment or subcontract. 11)Child Support Compliance Act For any Contract Agreement in excess of $100,000, the Grantee acknowledges in accordance with Public Contract Code 7110, that: TE Initial Here_ EXHIBIT 1 City Council 14 – 37 5/20/2025 City of Santa Ana 23-HHAP-10015 Page 20 of 24 a)The Grantee recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforc ement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code;and b)The Grantee, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department. 12)Special Conditions -Grantees/Subgrantee The Grantee agrees to comply with all conditions of this Agreement including the Special Conditions set forth in Exhibit D. These conditions shall be met to the satisfaction of Cal ICH prior to disbursement of funds. The Grantee shall ensure that all Subgrantees are made aware of and agree to comply with all the conditions of this Agreement and the applicable State requirements governing the use of HHAP-4 funds. Failure to comply with these conditions may result in termination of this Agreement. a)The Agreement between the Grantee and any Subgrantee shall require the Grantee and its Subgrantees, if any, to: l)Perform the work in accordance with Federal, State and Local housing and building codes, as applicable. Ii) Maintain at least the minimum State-required worker's compensation for those employees who will perform the work or any part of it. iii)Maintain, as required by law, unemployment insurance, disability insurance, and liability insurance in an amount that is reasonable to compensate any person, firm or corporation who may be injured or damaged by the Grantee or any Subgrantee in performing the Work or any part of it. iv}Agree to include all the terms of this Agreement in each subcontract. 13)Compliance with State and Federal Laws, Rules, Guidelines and Regulations The Grantee agrees to comply with all state and federal laws, rules and regulations that pertain to construction, health and safety, labor, fair employment practices, environmental protection, equal opportunity, fair housing, and all other matters applicable and/or related to the HHAP-4 program, the Grantee, its subrecipients, and all eligible activities. TE Initial Here_ EXHIBIT 1 City Council 14 – 38 5/20/2025 City of Santa Ana 23-HHAP-10015 Page 21 of 24 Grantee shall also be responsible for obtaining any and all permits, licenses, and approvals required for performing any activities under this Agreement, including those necessary to perform design, construction, or operation and maintenance of the activities. Grantee shall be responsible for observing and complying with any applicable federal, state, and local laws, rules or regulations affecting any such work, specifically those including, but not limited to, environmental protection, procurement, and safety laws, rules, regulations, and ordinances. Grantee shall provide copies of permits and approvals to Cal ICH upon request. 14)Inspections a)Grantee shall inspect any work performed hereunder to ensure that the work is being and has been performed in accordance with the applicable federal, state and/or local requirements, and this Agreement. b)Cal ICH reserves the right to inspect any work performed hereunder to ensure that the work is being and has been performed in accordance with the applicable federal, state and/or local requirements, and this Agreement. c)Grantee agr ees to require that all work that is determined based on such inspections not to conform to the applicable requirements be corrected and to withhold payments to the subrecipient until it Is corrected. 15)Litigation a)If any provision of this Agreement, or an underlying obligation. is held invalid by a court of competent jurisdiction, such invalidity, at the sole discretion of Cal ICH, shall not affect any other provisions of this Agreement and the Initial of this Agreement shall remain in full force and effect. Therefore, the provisions of this Agreement are and shall be deemed severable. b)The Grantee shall notify Cal ICH immediately of any claim or action undertaken by or against it, which affects or may affect this Agreement or Cal ICH, and shall take such action with respect to the claim or action as is consistent with the terms of this Agreement and the interests of Cal ICH. TE Initial Here_ EXHIBIT 1 City Council 14 – 39 5/20/2025 City of Santa Ana 23-HHAP-10015 Page 22 of 24 Homeless Housing, Assistance, and Prevention Program Round 4 (HHAP-4) Standard Agreement EXHIBIT D SPECIAL TERMS AND CONDITIONS 1)All proceeds from any interest-bearing account established by the Grantee for the deposit of HHAP-4 funds, along with any interest-bearing accounts opened by subrecipients to the Grantee for the deposit of HHAP-4 funds, must be used for HHAP -4-eligible activities and reported on as required by Cal ICH. 2)Per Health and Safety Code section 50220.8 (g), any housing-related activities funded with HHAP-4 funds, including but not limited to emergency shelter (per Health and Safety Code section 50220.8 (e}(8)(F)), rapid-rehousing, rental assistance, transitional housing and permanent supportive housing, must be in compliance or otherwise aligned with the core components of Housing First, as described in Welfare and Institutions Code section 8255, subdivision (b). Individuals and families assisted with these funds must not be required to receive treat ment or perform any other prerequisite activities as a condition for receiving shelter, housing, or other services for which these funds are used. In addition, HHAP-4 funding shall be used to adopt a Housing First approach within the entire local homelessness response system, including outreach and emergency shelter, short-term interventions like rapid re-housing, and longer-term interventions like supportive housing. 3)Grantee shall utiltze its local Homeless Management Information System (HMIS) to track HHAP-4-funded projects, services, and clients served. Grantee will ensure that HMIS data are collected in accordance with applicable laws and in such a way as to identify individual projects, services, and clients that are supported by HHAP-4 funding {e.g., by creating appropriate HHAP-4-specific funding sources and project codes in HMIS). 4)Grantee shall participate in and provide data elements, including, but not limited to, health information, in a manner consistent with federal law, to the statewide Homeless Management Information System (known as the Homeless Data Integration System or "HDIS"), in accordance with their existing Data Use Agreement entered into with the Council, if any, and as required by Health and Safety Code section 50220.6 and Welfare and Institutions Code section 8256. Any health information provided to, or maintained within, the statewide Homeless Management Information System·shall not be subject to public inspection or disclosure under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code). For purposes of this paragraph, "health information" means "protected health information,• as defined in Part 160.103 of Title 45 of the Code of Federal Regulations, and "medical TE Initial Here_ EXHIBIT 1 City Council 14 – 40 5/20/2025 City of Santa Ana 23-HHAP-10015 Page 23of 24 information," as defined in subdivision 0) of Section 56.05 of the Civil Code. The Council may, as required by operational necessity, amend or modify required data elements, disclosure formats, or disclosure frequency. Additionally, the Council, at its discretion, may provide Grantee with aggregate reports and analytics of the data Grantee submits to HDIS in support of the Purpose of this Agreement and the existing Data Use Agreement. 5)Grantee agrees to accept technical assistance as directed by Cal ICH or by a contracted technical assistance provider acting on behalf of Cal ICH and report to Cal ICH on programmatic changes the grantee will make as a result of the technical assistance and in su pport of their grant goals. 6)Grantee agrees to demonstrate a commitment to racial equity and, per He alth and Safety Code section 50222 (a)(2)(B), the grantee shall use data provided through HDIS to analyze racial disproportionality in homeless populations and, in partnership with Cal ICH, establish clear metrics and performance monitoring for achieving equity in provision of services and outcomes for Black, Native, and Indigenous, Latinx, Asian, Pacific Islanders and other People of Color who are disproportionately impacted by homelessness and COVID-19. 7)Grantee should establish a mechanism for people with lived experience of homelessness to have meaningful and purposeful opportunities to inform and shape all levels of planning and Implementation, Including through opportunities to hire people with lived experience. TE Initial Here_ EXHIBIT 1 City Council 14 – 41 5/20/2025 City of Santa Ana 23-HHAP-10015 Page 24 of 24 Homeless Housing, Assistance, and Prevention Program Round 4 (HHAP-4) Standard Agreement EXHIBIT E STATE OF CALIFORNIA GENERAL TERMS AND CONDITIONS This exhibit is incorporated by reference and made part of this �greement. The General Terms and Conditions (GTC 04/2017) can be viewed at the following link: https://www.dgs.ca.gov/-/medi a/Divisions/OLS/Resources/GTC-April-2017- FINALapril2017.pdf?la =en&hash=3A64979F7770 5B9D35309433EE81969FD 69052D2 In the interpretation of this Agreement, any inconsistencies between the State of California General Terms and Conditions (GTC -04/2017) and the terms of this Agreement and its exhibits/attachments shall be resolved in favor of this Agreement and its exhibits/attachments. TE lnitlal Here_ EXHIBIT 1 City Council 14 – 42 5/20/2025 EXHIBIT B SCOPE OF SERVICES EXHIBIT 1 City Council 14 – 43 5/20/2025 CITY OF SANTA ANA EXHIBIT I SCOPE OF SERVICES Services performed by Consultant(s) shall include, but are not limited to the following: A)Rapid Re-Housi ng Program for Homeless Youth (ages 18-24) 1.Implement a Rapid Re-Housing program together with Services Coordination to meet the needs of Santa Ana residents under the age of 25 who are experiencing homelessness in the City of Santa Ana. 2.Prioritize providing stable housing and comprehensive services to facilitate the target population's successful transition to independent living. 3.The servicer shall offer the flollwing eligible activities, which may include, but are not limited to: a.Landlord incentives, such as security deposits and holding fees. b.Case management. c.Services Coordination component within the Rapid Re-Housing Program for those who are under the age of 25. 4.Services Coodination Component a.The Services Coordination component will only be provided to this specific population. b.Services Coordination includes short to medium-term rental subsidies and stabilization servies that may include but are not limited to: i.Access to the workforce, ii.Education and training programs, iii.Housing search and placement, iv.Housing stability case management, v.Progressive engagement, vi.Independent living skills, vii.Legal services, and viii.Credit repair. 5.Medium-term Rapid Re-Housing Assistance may be provided to individuals and families under the age of 25 for up to twelve months, based on individual needs. B)[intentionally omitted] City of Santa Ana RFP No. 24-067 Page 17 of 38 EXHIBIT 1 City Council 14 – 44 5/20/2025 CITY OF SANTA ANA C)Reports and Deliverables 1.The selected Consultant(s) will be required to maintain and submit to the City adequate information necessary to monitor program performance and progress in accordance with the funding priorities and systemwide goals. These deliverables include: programmatic reports, invoices with supporting documentation of eligible expenditures, and insurance/contract requirements as stated within the RFP. D)Utilization of Homeless Management Information System (HMIS) and Coordinated Entry 1.Consultant(s) will enter and maintain client data in the approved HMIS system and the regionally coordinated system of care. Consultant will obtain and report required programmatic information and data on a monthly and annual basis. City of Santa Ana RFP No. 24-067 Page 18 of 38 EXHIBIT 1 City Council 14 – 45 5/20/2025 EXHIBIT C COMPENSATION EXHIBIT 1 City Council 14 – 46 5/20/2025 TWO YEAR BUDGET The budget below provides 14 youth each year rapid re-housing and rental assistance for up to 12 months and service coordination including full wrap around support until the youth reaches independence. The budget covers 2 years @ 14 homeless or at-risk youth each year, including 14 families and 14 individuals. This program ensures that 14 Santa Ana youth each year will be off the streets and move from surviving to thriving, breaking the cycle of homelessness. The following summarizes the budget for the rapid-rehousing component: Line Item RRH Request Detail Rental Assistance $ 105000 $3768 Average (14 individual & 14 family units) Security Deposits 40000 $2857 Average (14 individual & 14 family units) Applications 2800 $100 per (14 individual & 14 family units) Housing Navigation & 48011 1515 per unit Management RRH Program Mgmt. 22199 793 per unit DeMinimus (overhead) 7021 TOTAL RRH REQUEST: $225031 8037 per unit In addition SUFK will provide 30,000 in leveraged funds The following table summarizes the budget for the Service Coordination component for 2 years: Service Line Item Coordination Detail Coordination $ 51740 Case Manager, Director and Mentoring Manager Management Employment Navigator 15900 $568 per client Participant Supports 30345 $842 per youth for food, hygiene, transportation, clothing, household and school supplies Client Internships 45220 14 paid internships 10 weeks*15 hours* $20 + FICA *7 per year DeMinimus 10% Overhead 6764 Total SERVICE REQUEST: $ 149969 5356 per client (14 clients per year total 2 year 28) In addition, SUFKOC will provide $37,002 in matching funds with mentors, tutors, administration and in-kind donations. EXHIBIT 1 City Council 14 – 47 5/20/2025 Planning and Building Agency www.santa-ana.org/pb Item # 15 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report May 20, 2025 TOPIC: Approval of Historic Property Preservation Agreement for 2301 N. Westwood Avenue AGENDA TITLE Historic Property Preservation Agreement for the Property Located at 2301 N. Westwood Avenue RECOMMENDED ACTION Authorize the City Manager to execute the attached Mills Act agreement with the below- referenced property owner for the identified structure(s) (Agreement No. A-2025-XXX). [Includes determination that the proposed project is exempt from further review in accordance with the California Environmental Quality Act as Categorical Exemption/Environmental Review No. 2025-05 will be filed for the project] Table 1: Mills Act Agreement Approved by the Historic Resources Commission (HRC) Property Owner(s) Historic Property Preservation Agreement No. Address/House Vote by HRC Kevin T. Nguyen 2025-01 2301 N. Westwood Avenue 6:0:0:1 (Commissioner Padilla absent) GOVERNMENT CODE §84308 APPLIES: Yes DISCUSSION On March 6, 2025, the Historic Resources Commission (HRC) recommended that the City Council authorize the City Manager to execute the Mills Act agreement listed in Table 1, above, with the identified property owner for historic structure(s) in the City, subject to non-substantive changes approved by the City Manager and City Attorney. This action allows for the approval of a Historic Property Preservation Agreement (Mills Act Contract) which provides a property tax reduction whereby property owners agree to reinvest the tax savings towards the maintenance of the historic property. Additionally, the agreement prevents inappropriate alterations to the protected historic structure(s). City Council 15 – 1 5/20/2025 Approval of Historic Property Preservation Agreement (2301 N. Westwood Avenue) May 20, 2025 Page 2 4 9 8 0 ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the proposed project is exempt from further review. Categorical Exemption/Environmental Review No. 2025-05 will be filed for this project. FISCAL IMPACT The Historic Property Preservation Agreement will reduce the Property Tax revenue account 01102002-50011 to the City by an estimated $1,499.19 annually noted below, for a period of not less than ten years. HPPA No.Address Estimate Exhibit Nos. 2025-01 2301 N. Westwood Avenue $1,499.19 1-2 EXHIBITS 1. Mills Act Agreement – 2301 N. Westwood Avenue 2. HRC Staff Report – 2301 N. Westwood Avenue Submitted By: Ali Pezeshkpour, AICP, Acting Executive Director, Planning and Building Agency Approved By: Alvaro Nuñez, City Manager City Council 15 – 2 5/20/2025 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Attn: Clerk of the Council FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 _________________________________________________________________________ HISTORIC PROPERTY PRESERVATION AGREEMENT This Historic Property Preservation Agreement (“Agreement”) is made and entered into by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the of the State of California (hereinafter referred to as “City”), and Kevin T. Nguyen, a married man, as his sole and separate property, (hereinafter collectively referred to as “Owner”), owner of real property located at 2301 North Westwood Avenue, Santa Ana, California, in the County of Orange and listed on the Santa Ana Register of Historical Properties. RECITALS A.The City Council of the City of Santa Ana is authorized by California Government Code Section 50280 et seq. (known as the “Mills Act”) to enter into contracts with owners of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity. B.The Owner possesses fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 2301 North Westwood Avenue, Santa Ana, CA, 92706 and more particularly described in Exhibit “A,” attached hereto and incorporated herein by reference, and hereinafter referred to as the “Historic Property.” C.The Historic Property is officially designated on the Santa Ana Regist er of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D.City and Owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner. Exhibit 1 City Council 15 – 3 5/20/2025 MILLS ACT AGREEMENT 2301 North Westwood Avenue Santa Ana, CA 92706 -2 - E.Owner and City intend to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code. NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows: 1.Effective Date and Terms of Agreement. This Agreement shall be effective and commence on May 21, 2025, and shall remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below. 2.Renewal. a.Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein. b.If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party. Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. c.Within 30 days from receipt of City’s notice of nonrenewal, the Owner may file a written protest of City’s decision of nonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal. d.If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3.Standards and Conditions for Historic Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions: a.Owner shall maintain the Historic Property in a good state of repair and shall preserve, maintain, and, where necessary, restore or rehabilitate the property and its character- defining features described in the “Executive Summary” and “Historical Property Description” attached hereto, marked collectively as Exhibit B, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City. City Council 15 – 4 5/20/2025 MILLS ACT AGREEMENT 2301 North Westwood Avenue Santa Ana, CA 92706 -3 - b.All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State Department of Parks and Recreation, namely the U.S. Secretary of the Interior’s Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit C, and incorporated herein by this reference. Owner shall continually maintain the Historic Property in the same or better condition. c.A view corridor enabling the general public to see the Historic Property from the public right-of-way shall be maintained, and Owner shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubber y, so as to prevent the viewing of the historic landmark by the public. d.The following are prohibited: demolition of the Historic Property or destruction of character-defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission; paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alterations are in keeping with the Secretary of Interior’s Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. e.Owner shall allow reasonable periodic inspection by prior appointment, as needed or at least every five (5) years after the initial inspection, of the interior and exterior of the Historic Property by representatives of the City of Santa Ana, the County Assessor, the State Department of Parks and Recreation, and the State Board of Equalization, to determine the Owner’s compliance with the terms and provisions of this Agreement. As part of the periodic inspection, Owner shall supply information in a format determined acceptable by the representatives of the City of Santa Ana, the County Assessor, the State Department of Parks and Recreat ion, and the State Board of Equalization information required to determine compliance with the terms of this Agreement. f.Owner shall implement the rehabilitation and restoration work items as discussed in detail in Exhibit D, “Proposed Structure Improvements” or “Work Plan” and the City Council Historic Property Preservation Agreement (HPPA No. 2025-01) staff report dated March 6, 2025. All work items shall be completed within the first ten years of the Mills Act Agreement, with specific items completed within the first five years including removing the non-compatible rear vinyl window, maintaining trimmed condition of landscaping and trees at the front of the property, repainting the exterior with a compatible color palette, removing the double security doors from the main entrance, changing the exterior lighting for historically-appropriate lighting, and removing and replacing the double glass block window (south façade) with a historically compatible window. Proof of completion, as requested by the City of Santa Ana, will be required in order to satisfy and maintain the Mills Act Agreement. Staff approval is required before items are amended or removed/replaced from the improvements list. City Council 15 – 5 5/20/2025 MILLS ACT AGREEMENT 2301 North Westwood Avenue Santa Ana, CA 92706 -4 - 4.Furnishing of Information. The Owner hereby agrees to furnish the City with any and all information requested which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement. 5.Cancellation. a.The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50280, et. seq., may cancel this Agreement if it determines that the Owner have breached any of the conditions of this Agreement, or has allowed the property to deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or if the City determines that the Owner have failed to restore or rehabilitate the property in the manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one-half (12 ½) percent by Government Code Section 50286) of the current fair market value of the property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement. b.If the Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion of the City Building Official more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled immediately because, in effect, the historic value of the structure will have been destroyed. No fee shall be imposed in the case of destruction by acts of God or natural disaster. c.If the Historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288. 6.Enforcement of Agreement. a.In lieu of and/or in addition to any provisions to cancel the Agreement as referenced herein, City may specifically enforce, or enjoin the breach of, the terms of the Agreement. In the event of a default, under the provisions to cancel the Agreement by Owner, the City shall give written notice to Owner by registered o r certified mail, and if such a violation is not corrected to the reasonable satisfaction of the City Manager or designee within thirty (30) days thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default, or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default may be commenced within thirty (30) days and shall thereafter be diligently pursued to completion by Owner), then City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by Owner or apply for such relief as may be appropriate. b.City does not waive any claim of default by the Owner if City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in City’s regulations governing historic properties are available to City to City Council 15 – 6 5/20/2025 MILLS ACT AGREEMENT 2301 North Westwood Avenue Santa Ana, CA 92706 -5 - pursue in the event that there is a breach of this Agreement. No waiver by City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 7. Binding effect of Agreement. a.Owner hereby subjects the Historic Property, located at 2301 North Westwood Avenue, Assessor Parcel Number, 001-176-01, and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants, conditions, and restrictions as set forth in this Agreement. b.City and Owner hereby declare their specific intent that the covenants, conditions and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon Owner’s successors and assigns in title or interest to the Historic Property. Every contract, deed, or other instrument hereinafter executed, covering or conveying the Historic Property or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the tenants, restrictions, and reservations expressed in this Agreement regardless of whether such covenants, conditions and restrictions are set forth in such contract, deed, or other instrument. c.This property is listed in the Santa Ana Register of Historical Properties (Register). In any real property transaction, the owner of this property or the owner’s representative shall provide the buyer of this property with notice that the property is listed on the City’s historic Register. 8.No Compensation. Owner shall not receive any payment from City in consideration of the obligation imposed under this Agreement, it being recognized that the consideration for the execution of this Agreement is the substantial public benefit to be derived therefrom and the advantage that will accrue to Owner as a result of the effect upon the assessed value of the Property on the account of the restrictions on the use and preservation of the Property. 9.Notice. Any notice required by the terms of this Agreement shall be sent to the address of the respective parties as specified below or at other addresses that may be later specified by the parties hereto. City: City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Attn: City Clerk Owner: Kevin T. Nguyen 2301 North Westwood Avenue Santa Ana, CA 92706 City Council 15 – 7 5/20/2025 MILLS ACT AGREEMENT 2301 North Westwood Avenue Santa Ana, CA 92706 -6 - 10.General Provisions. a.None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise. b.The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, agent, employee, or other person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owner's activities in connection with the Historic Property. c.This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this Agreement regardless of whether or not City prepared, supplied, or approved the plans, specifications or other documents for the Historic Property. d.All of the agreements, rights, covenants, conditions, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the Historic Property, whether by operation of law on in any manner whatsoever. e.In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney’s fees to be fixed by the court, in addition to court costs and other relief ordered by the court. f.In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. g.This Agreement shall be construed and governed in accordance with the laws of the State of California, with venue in Orange County. 11.Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Orange. City Council 15 – 8 5/20/2025 MILLS ACT AGREEMENT 2301 North Westwood Avenue Santa Ana, CA 92706 -7 - 12.Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. 13.Effective Date This Agreement shall be effective on the day and year first written above in Section 1. {Signature page follows} City Council 15 – 9 5/20/2025 MILLS ACT AGREEMENT 2301 North Westwood Avenue Santa Ana, CA 92706 -8 - ATTEST: CITY OF SANTA ANA ________________________ _________________________ JENNIFER L. HALL ALVARO NUÑEZ City Clerk City Manager OWNER Date: ___________________ By:__________________ KEVIN NGUYEN APPROVED AS TO FORM: RECOMMENDED FOR APPROVAL: SONIA CARVALHO City Attorney By: _____________________ _____________________ BRANDON SALVATIERRA ALI PEZESHKPOUR Deputy City Attorney Acting Executive Director Planning and Building Agency City Council 15 – 10 5/20/2025 MILLS ACT AGREEMENT 2301 North Westwood Avenue Santa Ana, CA 92706 -9 - EXHIBIT A LEGAL DESCRIPTION PARCEL 1 LOT 6 OF TRACT NO. 3141, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 95 PAGES 47 AND 48 MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL 2 THAT PORTION OF LOT 7 OF TRACT NO. 3141, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 95 PAGES 47 AND 48 MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE EAST LINE OF SAID LOT 7 DISTANT THEREON NORTH 2° 44’ 44” EAST 3 FEET FROM THE SOUTHEAST CORNER THEREOF AND RUNNING THENCE SOUTH 2° 44’ 44” WEST 3 FEET TO THE SOUTHEAST CORNER OF SAID LOT 7; THENCE NORTH 89° 21’ 50” WEST ALONG THE SOUTH LINE OF SAID LOT, 134.84 FEET TO THE SOUTHWEST CORNER THEREOF; THENCE NORTHERLY ALONG THE WESTERLY LINE OF SAID LOT 5.31 FEET; THENCE EASTERLY 134.84 FEET, MORE OR LESS TO THE POINT OF BEGINNING. Assessor’s Parcel Number: 001-176-01 City Council 15 – 11 5/20/2025 2 1 4 7 9 EXECUTIVE SUMMARY Brophy House 2301 North Westwood Avenue Santa Ana, CA 92706 NAME Brophy House REF. NO. ADDRESS 2301 North Westwood Avenue CITY Santa Ana ZIP 92706 ORANGE COUNTY YEAR BUILT 1957 LOCAL REGISTER CATEGORY: Key HISTORIC DISTRICT N/A NEIGHBORHOOD West Floral Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION C/3 CALIFORNIA REGISTER STATUS CODE 5S3 Location: Not for Publication Unrestricted Prehistoric Historic Both ARCHITECTURAL STYLE: Mid-Century Modern Editor of Arts and Architecture magazine, John Entenza, and his influential sponsorship of the Case Study Program, greatly influenced the development of Mid-Century Modern architectural style. The Case Study Program, which included a series of residential designs (not all of which were constructed) was published between 1945-1966. The program emphasized modern design techniques and affordable construction methods that were easily replicated as a means to influence affordable housing production. Key design elements of the Case Study Program include stripped ornamentation, exposed structural components including wide beams as part of a post-and-beam structural system; flat or nearly flat roofs integrating generous overhangs; concrete flooring, and open floor plans. A strong emphasis on indoor-outdoor living was conveyed through the heavy utilization of glazed walls and interior and exterior courtyards. Mid-Century Modern style is an umbrella term that incapsulates a broad range of post-World War II modernist themes that were applied to a variety of property types including single-and-multi family residences, commercial buildings and centers, as well as large-scale educational, institutional, and indsustrial uses. The Mid-Century Modern style’s period of significance is 1945-1975. Character-defining features of the Mid-Century Modern style include use of wood or steel post and beam exposed construction, bountiful glazing, and an emphasis on indoor-outdoor living. In form and massing, the style is expressed through simple geometric volumes and horizontal massing, usually asymmetrical. The style includes little to no ornamentaiton. Roof shapes are often flat or have low-pitch gables, both with wide overhanging eaves. Additionally, highly-pitched A-frame roofs are a reflection of the style. Fenestration is typically flush-mounted metal framed windows that span floor-to-ceiling. Siding can include stucco, concrete block, brick, and wood. SUMMARY/CONCLUSION: The Brophy House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for embodiment of the distinguishing characteristics of a Mid-Century Modern style residential building. The recommended categorization is “Key” because it has a distinctive architectural style and quality reflective of the Mid-Century Modern style (Santa Ana Municipal Code, Section 30-2.2). EXPLANATION OF CODES: California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, “How to Nominate Resources to the California Register of Historical Resources,” September 4, 2001.) 3:It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. 5S3:Appears to be individually eligible for local listing or designation through survey evaluation. Exhibit B City Council 15 – 12 5/20/2025 State of California The Resources Agency Primary #______________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI #__________________________________________________ PRIMARY RECORD Trinomial______________________________________________ NRHP Status Code_____________________________________ Other Listings_____________________________________________________________________ Review Code________Reviewer________________________Date_______________ Page _1_ of _5_ Resource name(s) or number (assigned by recorder) Brophy House P1. Other Identifier: *P2. Location: Not for Publication Unrestricted *a. County Orange County *b. USGS 7.5’ Quad: Orange Quadrangle California-Orange County 7.5-Minute Series Date: 2022 *c. Address 2301 North Westwood Avenue City: Santa Ana Zip: 92706 *e. Other Locational Data: Assessor’s Parcel Number 001-176-01 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) Located on a corner parcel in West Floral Park, the Brophy House is a one-story, single-family Mid-Century Modern Style residence with an attached garage and rear pool (Figure 1). The building features a U-shaped plan that emphasizes privacy with two primary facades: the main living area in the west wing facing Westwood Avenue, and a louvered privacy wall with a rear yard entrance and an attached garage in the south wing facing Santa Clara Avenue (Figure 2). Asymmetrical in design, the house exhibits a horizontal emphasis expressed through a low-pitched, complex hipped roof with deep overhanging eaves and continuous fascia that wraps around the building’s roofline (Figure 3). The center point where the west and south wings meet form a prominent southwest building corner with a slightly higher pitched gable roof than the majority of the building (Figure 4). The exterior of the house is clad primarily in a combination of stucco and stonewall, with minimal concrete block towards the rear. The main entrance, which is located behind security doors, is composed of double solid pedestrian doors with two doorknobs each adorned by round bronze ornamentation. The entrance is raised above two shallow stone-clad steps and is situated under a wide overhanging eave with a single cylinder support beam that forms the front porch (Figure 5). (See Continuation Sheet 3 of 5.) *P3b. Resource Attributes: (list attributes and codes) HP2. Single-Family Residence and HP39. Other (swimming pool) *P4. Resources Present: Building Structure Object Site District Element of District Other P5b. Photo: (view and date) (Figure 1) Primary (southwest) facade, view northeast, January 2025 *P6. Date Constructed/Age and Sources: historic 1957/ Original Building Permit *P7. Owner and Address: Kevin T. Nguyen 2301 N Westwood Avenue Santa Ana, CA 92706 *P8. Recorded by: Andrea Dumovich Heywood City of Santa Ana 20 Civic Center Plaza M-20 Santa Ana, CA 92702 *P9. Date Recorded: March 6, 2025 *P10. Survey Type: Intensive Survey Update *P11. Report Citation: (Cite survey report and other sources, or enter “none”) None *Attachments: None Location Map Sketch Map Continuation Sheet Building, Structure, and Object Record Archaeological Record District Record Linear Feature Record Milling Station Record Rock Art Record Artifact Record Photograph Record Other (list) DPR 523A (1/95)*Required information P5a. Photo City Council 15 – 13 5/20/2025 State of California The Resources Agency Primary #__________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI#______________________________________________ BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 5 *NRHP Status Code_5S3_________________________ *Resource Name or #: Brophy House B1. Historic Name: Brophy House B2. Common Name: Same B3. Original Use: Single-family Residence B4. Present Use: Single-family Residence *B5. Architectural Style: Mid-Century Modern *B6. Construction History: (Construction date, alterations, and date of alterations): September 10, 1957. Permit to construct a six-room residence and garage. $23,000. November 29, 1957. Plastering. Valuation unknown. Januar 3, 1958. Pvt. Pool. $2,500. October 15, 1999. Reroof. $8,400. February 4, 2025. Legalize existing rear vinyl slider window. $1,500. *B7. Moved?No Yes Unknown Date:__________Original location:_______ _______ *B8. Related Features: swimming pool B9a. Architect: Unknown b. Builder: A.K. Herrick (contractor) *B10. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: 1957 Property Type: Single-family Residence Applicable Criteria: C/3 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Brophy House is architecturally significant as an intact example of a Mid-Century Modern-style house in Santa Ana. The original building permit is dated September 10, 1957 and indicates it was built as a single-family six-room residence and garage by contractor A.K. Herrick, at a cost of $23,000. The original architect is unknown. The earliest known occupant is Joseph P. Brophy, who is listed on the original building permit. City directories note Mr. Brophy as the building's owner through 1962. The years 1963-1987 do not include the subject address in the directory or the directory itself was not available for research. Newspaper articles indicate that prior to owning 2301 N Westwood Avenue, Mr. Brophy moved to Santa Ana in 1939 and owned a café located at 220 E. 4th Street for at least ten years. Mr. Brophy, without any public office experience, ran for state assembly in 1954 and lost to Assemblyman Earle Stanley (Santa Ana Register February 18, 1954 and Santa Ana Register June 9, 1954). No pertinent information was uncovered regarding Mr. Brophy during his time occupying 2301 N Westwood Avenue. The next known owner, Bernie Barnette, owned the subject property from circa 1989 to 2008, per available city directories. Mr. Barnette worked for MacLean sales department in the 1950s as well as worked as a used car manager (Santa Ana Register May 1, 1955). No other information was uncovered. The property remained in the Barnette family until 2024, when current owner Kevin Nguyen purchased the property from Bradley Barnette (See Continuation Sheet 3). B11. Additional Resource Attributes: (List attributes and codes) *B12. References: (See Continuation Sheet 4 of 5.) B13. Remarks: None *B14. Evaluator: Andrea Dumovich Heywood, City of Santa Ana. *Date of Evaluation: March 6, 2025 Sketch Map (This space reserved for official comments.) Brophy House 2301 North Westwood Avenue N City Council 15 – 14 5/20/2025 State of California The Resources Agency Primary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________________ CONTINUATION SHEET Trinomial _____________________________________________ Page 3_ of 5_Resource Name: Brophy House *Recorded by Andrea Dumovich Heywood *Date March 6, 2025 Continuation Update DPR 523L DPR 523B (1/95)*Required information *P3a. Description (continued): Window fenestration throughout the property includes a mix of materials, primarily comprised of aluminum and wood-frame windows. On the primary (west) façade, fenestration includes a pair of narrow casement windows to the north and floor-to- ceiling fixed wood windows at the south corner near the main entrance. Below the southwest gable roof are two wood-frame trapezoidal transoms (Figure 6). Window fenestration on the primary (south) façade includes a single wood-framed stained- glass window, one tripartite aluminum-frame casement window, one double glass block window, and a jalousie window. Remaining rear-facing window fenestration throughout the interior courtyard includes several sets of floor-to-ceiling aluminum slider and fixed windows, large floor-to-ceiling fixed wood windows that span the façade and building corner, and a single vinyl replacement slider window (Figure 7). The north (side) façade contains two sets of aluminum-frame casement windows and one group of aluminum-frame transom casement and fixed windows. Additional architectural features include the use of stonewall material that is applied on the central stonewall chimney, shallow front porch steps, and front yard planters; wood shutters which flank the aluminum casement windows at the primary (west) façade; prominent window sill located on the wood-frame windows and single jalousie window; three long beams extending past the gable’s end at the southwest gable; and rear swimming pool (Figure 8). The property is landscaped with a front lawn, low shrubs, palm trees and tropical-themed plants, and other Mid-Century Modern themed vegetation. *B10. Significance (continued): Santa Ana was founded by William Spurgeon in 1869 as a speculative town site on part of the Spanish land grant known as Rancho Santiago de Santa Ana. The civic and commercial core of the community was centered around the intersection of Main and Fourth Streets. Stimulated by the arrival of the Santa Fe Railroad and incorporation as a city in 1886, and selection as the seat of the newly created County of Orange in 1889, the city grew outwards, with residential neighborhoods developing to the north, south, and east of the city center. Agricultural uses predominated in the outlying areas, with cultivated fields and orchards dotted with widely scattered farmhouses. Since the second half of the twentieth century, the neighborhood in which the Brophy House is located has been known as West Floral Park. Bounded by Santiago Creek on the north, West Seventeenth Street on the south, North Flower Street on the east and North Bristol Street on the west, this residential area largely developed after 1947. Prior to that time, the area was primarily agricultural, and other than Flower Street, which was improved with houses during the 1920s and 1930s, contained only a handful of residences on Baker and Bristol Streets, the City Water Works pumping plant at 2315 North Bristol Street, and the Animal Shelter and City/County Pound at 2321 North Bristol Street. Between 1947 and 1950, around two dozen homes were constructed on Baker, Olive, Towner, and Westwood Streets. Construction boomed throughout the neighborhood during the 1950s, with the California Ranch emerging as the favored residential style. The Brophy House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an intact example of a Mid-Century Modern style home in Santa Ana. Located in West Floral Park, the house cost $23,000 to build in 1957. The recommended categorization is “Key” because it has a distinctive architectural style and quality reflective of the Mid-Century Modern style (Santa Ana Municipal Code, Section 30-2.2). Character-defining features of the Mid-Century Modern style exhibited by the house include its U-shaped plan; two primary (west and south) facades; asymmetrical design; horizontal emphasis expressed through low-pitched, complex hipped roof with deep overhanging eaves; continuous fascia that wraps around the building’s roofline; southwest gable roof with trapezoidal transoms; original windows and doors consisting of aluminum and wood frames; one jalousie window; prominent window sill on wood-frame windows and one jalousie window; stucco and stonewall cladding throughout; main entrance within front porch composed of double doors with bronze doorknob ornamentation; stonewall chimney; stone-clad front porch steps and planter boxes; louvered privacy wall with a rear yard entrance; attached garage; and front lawn with tropical landscaping. *B12. References (continued): Ancestry.com. U.S., City Directories, 1822-1995 [database on-line]. Lehi, UT, USA: Ancestry.com Operations, Inc., 2011. _____. 1930 United States Federal Census [database on-line]. Provo, UT, USA: Ancestry.com Operations Inc, 2002. _____. Ancestry.com. 1940 United States Federal Census [database on-line]. Provo, UT, USA: Ancestry.com Operations, Inc., 2012. _____. California, U.S., Marriage Index, 1960-1985 [database on-line]. Provo, UT, USA: Ancestry.com Operations Inc, 2007. City of Santa Ana Building Permits McAlester, Virginia Savage. A Field Guide to American Houses. New York: Alfred A. Knopf, 2013. Newspapers.com (Santa Ana Daily Register, The Register) Office of Historic Preservation. “Instructions for Recording Historical Resources.” Sacramento: March 1995. Sanborn maps. Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. City Council 15 – 15 5/20/2025 State of California The Resources Agency Primary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________________ CONTINUATION SHEET Trinomial _____________________________________________ Page 4_ of 5_Resource Name: Brophy House *Recorded by Andrea Dumovich Heywood *Date March 6, 2025 Continuation Update DPR 523L Additional Figures: Figure 2. Louvered privacy wall along the south wing, facing north. Figure 3. The building’s deep overhanging eaves, facing northeast. Figure 4. The prominent southwest building corner with gable roof, facing north. Figure 5. The main entrance is raised above two stone- clad steps and is situated under a wide overhanging eave that forms the front porch, facing northeast. Figure 6. On the primary (west) façade, a pair of narrow casement windows, facing east. Figure 7. At the rear, large floor-to-ceiling fixed wood windows span the façade, facing west. City Council 15 – 16 5/20/2025 State of California The Resources Agency Primary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________________ CONTINUATION SHEET Trinomial _____________________________________________ Page 5_ of 5_Resource Name: Brophy House *Recorded by Andrea Dumovich Heywood *Date March 6, 2025 Continuation Update DPR 523L Figure 8. Primary (west) façade which contains stonewall material and wood shutters, among other features, facing east. City Council 15 – 17 5/20/2025 MILLS ACT AGREEMENT 2301 North Westwood Avenue Santa Ana, CA 92706 - 1 - Exhibit C Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S. Secretary of the Interior’s Standards for Rehabilitation of Historic Buildings, as follows: 1. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose. 2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. 3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. 4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. 5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity. 6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from the other buildings or structures. 7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. 8. Every reasonable effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any project. 9. Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, and such design is compatible with City Council 15 – 18 5/20/2025 MILLS ACT AGREEMENT 2301 North Westwood Avenue Santa Ana, CA 92706 - 2 - size, scale, color, material and character of the property, neighborhood, or environment. 10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired. City Council 15 – 19 5/20/2025 2 2 9 0 3 Exhibit D: Proposed Structure Improvements (“Work Plan”) 2301 North Westwood Avenue Item Year Improvement 1 2025 Replace one rear vinyl slider window with new window that is compatible in materials, design, and operation. Planning Division staff approval required prior to issuance of Building permit. 2 2025 Trim exterior landscaping to expose and accentuate historic property features, such as the high gable roofline and corner/ribbon windows, to ensure a clear view of the primary (west and south) façades from the public right-of-way. 3 2025 Repaint exterior of residence with a historically-compatible color palette. 4 2026 Remove double security doors from the main entrance. Replacement doors require Planning Division staff approval prior to installment. 5 2027 Change out exterior lighting for historically-appropriate lighting. Planning Division staff approval required prior to installation. 6 2028 Remove and replace the double glass block window (south façade) with a period appropriate window that is compatible in materials, design, and operation. Planning Division staff approval required prior to issuance of Building permit. 7 2030 Replace non-original garage door with historically-compatible garage door, approved by Planning Division staff prior to installation. Exhibit D City Council 15 – 20 5/20/2025 Planning and Building Agency Item # 1 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Historic Resources Commission Staff Report March 6, 2025 Topic: HRCA No. 2025-01, HRC No. 2025-01, HPPA No. 2025-01 – Brophy House (2301 N Westwood Avenue) RECOMMENDED ACTION 1. Adopt a resolution approving Historic Resources Commission Application No. 2025-01 and Historic Register Categorization No. 2025-01 (Exhibit 1). 2. Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached Mills Act agreement with Kevin Nguyen, subject to non- substantive changes approved by the City Manager and City Attorney (Exhibit 2). EXECUTIVE SUMMARY Kevin Nguyen is requesting approval to designate an existing Mid-Century Modern-style residence located at 2301 North Westwood Avenue to the Santa Ana Register of Historical Properties, as well as approval to execute a Mills Act agreement with the City of Santa Ana. The property qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an intact example of a Mid-Century Modern-style house. It is worthy of “Key” categorization as it has a distinctive architectural style and quality reflective of the Mid-Century Modern style, including its wide overhanging eaves, louvered privacy wall, floor-to-ceiling glazing, among other features. DISCUSSION Project Location and Site Description The subject property is located on a corner lot with Santa Clara Avenue to the south and Westwood Avenue to the west, in the West Floral Park neighborhood in Santa Ana. The site contains a 2,104-square-foot, Mid-Century Modern-style residence and attached detached garage on a 12,825-square-foot residential lot (Exhibit 3). Analysis of the Issues Historic Resources Commission 1 -1 3/6/2025 Exhibit 2 City Council 15 – 21 5/20/2025 HRCA No. 2025-01, HRC No. 2025-01, HPPA No. 2025-01– Brophy House (2301 N. Westwood Avenue) March 6, 2025 Page 2 4 8 2 6 Historical Listing In March 1999, the City Council approved Ordinance No. NS-2363 establishing the Historic Resources Commission and the Santa Ana Register of Historical Properties. The Historic Resources Commission may, by resolution and at a noticed public hearing, designate as a historical property any building or part thereof, object, structure, or site having importance to the history or architecture of the city in accordance with the criteria set forth in Section 30-2 of the Santa Ana Municipal Code (SAMC). This project entails applying the selection criteria established in Chapter 30 of the Santa Ana Municipal Code (Places of Historical and Architectural Significance) to determine if this structure is eligible for historic designation to the Santa Ana Register of Historical Properties. The first criterion for selection requires that the structures be 50 or more years old. The structure identified meets the selection criteria for inclusion on the Santa Ana Register of Historical Properties pursuant to criteria contained in Section 30-2 of the Santa Ana Municipal Code, as the structure is 68 years old and is a sound example of period architecture. No known code violations exist on record for this property. The Brophy House is architecturally significant as an intact example of a Mid-Century Modern-style house in Santa Ana. The original building permit is dated September 10, 1957 and indicates it was built as a single-family six-room residence and garage by contractor A.K. Herrick, at a cost of $23,000. The original architect is unknown. The earliest known occupant is Joseph P. Brophy, who is listed on the original building permit. City directories note Mr. Brophy as the building's owner through 1962. The years 1963- 1987 do not include the subject address in the directory or the directory itself was not available for research. Newspaper articles indicate that prior to owning 2301 N Westwood Avenue, Mr. Brophy moved to Santa Ana in 1939 and owned a café located at 220 E. 4th Street for at least ten years. Mr. Brophy, without any public office experience, ran for state assembly in 1954 and lost to Assemblyman Earle Stanley (Santa Ana Register February 18, 1954 and Santa Ana Register June 9, 1954). No pertinent information was uncovered regarding Mr. Brophy during his time occupying 2301 N Westwood Avenue. The next known owner, Bernie Barnette, owned the subject property from circa 1989 to 2008, per available city directories. Mr. Barnette worked for MacLean sales department in the 1950s as well as worked as a used car manager (Santa Ana Register May 1, 1955). No other information was uncovered. The property remained in the Barnette family until 2024, when current owner Kevin Nguyen purchased the property from Bradley Barnette. Located on a corner parcel in West Floral Park, the Brophy House is a one-story, single- family Mid-Century Modern Style residence with an attached garage and rear pool. The building features a U-shaped plan that emphasizes privacy with two primary facades: the main living area in the west wing facing Westwood Avenue, and a louvered privacy wall with a rear yard entrance and an attached garage in the south wing facing Santa Clara Avenue. Asymmetrical in design, the house exhibits a horizontal emphasis expressed Historic Resources Commission 1 -2 3/6/2025 City Council 15 – 22 5/20/2025 HRCA No. 2025-01, HRC No. 2025-01, HPPA No. 2025-01– Brophy House (2301 N. Westwood Avenue) March 6, 2025 Page 3 4 8 2 6 through a low-pitched, complex hipped roof with deep overhanging eaves and continuous fascia that wraps around the building’s roofline. The center point where the west and south wings meet form a prominent southwest building corner with a slightly higher pitched gable roof than the majority of the building. The exterior of the house is clad primarily in a combination of stucco and stonewall, with minimal concrete block towards the rear. The main entrance, which is located behind security doors, is composed of double solid pedestrian doors with two doorknobs each adorned by round bronze ornamentation. The entrance is raised above two shallow stone-clad steps and is situated under a wide overhanging eave with a single cylinder support beam that forms the front porch. Window fenestration throughout the property includes a mix of materials, primarily comprised of aluminum and wood-frame windows. On the primary (west) façade, fenestration includes a pair of narrow casement windows to the north and floor-to-ceiling fixed wood windows at the south corner near the main entrance. Below the southwest gable roof are two wood-frame trapezoidal transoms. Window fenestration on the primary (south) façade includes a single wood-framed stained-glass window, one tripartite aluminum-frame casement window, one double glass block window, and a jalousie window. Remaining rear-facing window fenestration throughout the interior courtyard includes several sets of floor-to-ceiling aluminum slider and fixed windows, large floor-to- ceiling fixed wood windows that span the façade and building corner, and a single vinyl replacement slider window. The north (side) façade contains two sets of aluminum-frame casement windows and one group of aluminum-frame transom casement and fixed windows. Additional architectural features include the use of stonewall material that is applied on the central stonewall chimney, shallow front porch steps, and front yard planters; wood shutters which flank the aluminum casement windows at the primary (west) façade; prominent window sill located on the wood-frame windows and single jalousie window; three long beams extending past the gable’s end at the southwest gable; and rear swimming pool. The property is landscaped with a front lawn, low shrubs, palm trees and tropical-themed plants, and other Mid-Century Modern themed vegetation. Character-defining features of the Brophy House include, but may not be limited to: its U- shaped plan; two primary (west and south) facades; asymmetrical design; horizontal emphasis expressed through low-pitched, complex hipped roof with deep overhanging eaves; continuous fascia that wraps around the building’s roofline; southwest gable roof with trapezoidal transoms; original windows and doors consisting of aluminum and wood frames; one jalousie window; prominent window sill on wood-frame windows and one jalousie window; stucco and stonewall cladding throughout; main entrance within front porch composed of double doors with bronze doorknob ornamentation; stonewall chimney; stone-clad front porch steps and planter boxes; louvered privacy wall with a rear yard entrance; attached garage; and front lawn with tropical landscaping. The Brophy House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an intact example of a Mid-Century Modern style home in Santa Ana. Historic Resources Commission 1 -3 3/6/2025 City Council 15 – 23 5/20/2025 HRCA No. 2025-01, HRC No. 2025-01, HPPA No. 2025-01– Brophy House (2301 N. Westwood Avenue) March 6, 2025 Page 4 4 8 2 6 Located in West Floral Park, the house cost $23,000 to build in 1957. The recommended categorization is “Key” because it has a distinctive architectural style and quality reflective of the Mid-Century Modern style. Mills Act Agreement Ordinance No. NS-2382 authorized the Historic Resources Commission to execute Historic Property Preservation Agreements (HPPA), commonly known as Mills Act agreements for eligible properties (Exhibit 2). To be eligible for the Mills Act, the property must be listed on the Santa Ana Register of Historical Properties. The Historic Resources Commission Application and Historic Register Categorization actions proposed for this site authorize the listing of the property on the local register. The agreement provides monetary incentives to the property owner in the form of a property tax reduction in exchange for the owner’s voluntary commitment to maintain the property in a good state of repair as necessary to maintain its character and appearance. Once recorded, the agreement generates a different valuation method in determining the property’s assessed value, resulting in tax savings for the owner. Aside from the tax savings, the benefits include: •Long term preservation of the property and visual improvement to the neighborhood •A mechanism to provide for property rehabilitation •Incentives for potential buyers to purchase historic structures •Discouraging inappropriate alterations to the property The property has no identified unauthorized modifications. Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement subject to a completion of future improvements as described in an attached Work Plan. Overall, future improvements (Work Plan) proposed by the homeowner during the initial ten years of the Mills Act Agreement include the following: removing the non-compatible rear vinyl window, changing the exterior lighting for historically-appropriate lighting, maintaining trimmed condition of landscaping and trees at the front of the property, and repainting the exterior with a compatible color palette. Staff suggests adding the following items to the Work Plan: removing the double security doors from the main entrance, and removing and replacing the double glass block window (south façade) with a historically compatible window. Staff will ensure that the proposed work will be done sensitively and will maintain the property’s character-defining features as part of the Mills Act Agreement for this property. As part of the Mills Act approval process, staff will work with the applicant to ensure that a bronze plaque is installed honoring and recognizing the structure. The plaque will include the historic name, address, year built, and local historic register designation. Historic Resources Commission 1 -4 3/6/2025 City Council 15 – 24 5/20/2025 HRCA No. 2025-01, HRC No. 2025-01, HPPA No. 2025-01– Brophy House (2301 N. Westwood Avenue) March 6, 2025 Page 5 4 8 2 6 Lastly, the site will be subject to general maintenance and upkeep requirements including, but not limited to, replacement or restoration of damaged character-defining features, landscaping upkeep, painting, etc. Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement to enable the Mills Act. Public Notification The subject site is located within the West Floral Park Neighborhood Association. The president of this Neighborhood Association was notified by mail 10 days prior to this public hearing. In addition, the project site was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and mailed notices were sent to all property owners within 500 feet of the project site. At the time of this printing, no correspondence, either written or electronic, has been received from any members of the public. ENVIRONMENTAL IMPACT Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review pursuant to Section 15331 of the CEQA Guidelines (Class 31 – Historical Resource Restoration/Rehabilitation) as these actions are designed to preserve historic resources. Based on this analysis, a Notice of Exemption, Environmental Review No. 2025-05 will be filed for this project. FISCAL IMPACT The Historic Property Preservation Agreement will reduce the Property Tax revenue account 01102002-50011 to the City by an estimated $1,499.19 annually, for a period of not less than ten years. EXHIBIT(S) 1. Resolution 2. Mills Act Agreement 3. 500-Foot Radius Map 4. Copy of Public Notice Submitted By: Andrea Dumovich Heywood, Associate Planner Approved By: Ali Pezeshkpour, AICP, Acting Executive Director of Planning and Building Agency Historic Resources Commission 1 -5 3/6/2025 City Council 15 – 25 5/20/2025 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 Resolution No. 2025-XX Page 1 of 7 RESOLUTION NO. 2025-XX A RESOLUTION OF THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA APPROVING HISTORIC RESOURCES COMMISSION APPLICATION NO. 2025-01 TO PLACE THE PROPERTY LOCATED AT 2301 NORTH WESTWOOD AVENUE, SANTA ANA, ON THE HISTORICAL REGISTER AND APPROVING HISTORIC REGISTER CATEGORIZATION NO. 2025-01 PLACING SAID PROPERTY WITHIN THE KEY CATEGORY BE IT RESOLVED BY THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Historic Resources Commission of the City of Santa Ana hereby finds, determines, and declares as follows: A.On March 6, 2025, the Historic Resources Commission held a duly noticed public hearing for the placement on the Santa Ana Register of Historical Properties (Historic Resources Commission Application No. 2025-01) and categorization (Historic Resources Commission Categorization No. 2025- 01) of the Brophy House located at 2301 North Westwood Avenue, Santa Ana. B.The Brophy House has distinctive architectural features of the Mid-Century Modern style and was built in 1957. C.The Brophy House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an intact example of a Mid-Century Modern style home in Santa Ana. The house displays characteristics of the Mid- Century Modern style through its use of its wide overhanging eaves, louvered privacy wall, floor-to-ceiling glazing, among other original features. The recommended categorization is “Key” because it has a distinctive architectural style and quality reflective of the Mid-Century Modern style. Character-defining features of the Brophy House include, but may not be limited to: U-shaped plan; two primary (west and south) facades; asymmetrical design; horizontal emphasis expressed through low-pitched, complex hipped roof with deep overhanging eaves; continuous fascia that wraps around the building’s roofline; southwest gable roof with trapezoidal transoms; original windows and doors consisting of aluminum and wood frames; one jalousie window; prominent window sill on wood -frame windows and one jalousie window; stucco and stonewall cladding throughout; main entrance within front porch composed of double doors with bronze doorknob ornamentation; stonewall chimney; stone-clad front porch steps and planter boxes; louvered privacy wall with a rear yard entrance; attached garage; and front lawn with tropical landscaping. Historic Resources Commission 1 -6 3/6/2025 City Council 15 – 26 5/20/2025 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 Resolution No. 2025-XX Page 2 of 7 D.The legal owner of the property is Kevin T. Nguyen. E.The legal description for the subject property is attached hereto as Exhibit A and incorporated by this reference as though fully set forth herein. F.The subject property meets the standards for placement on the City of Santa Ana Register of Historic Properties pursuant to Section 30-2 of the Santa Ana Municipal Code. G.The subject property meets the minimum standards for placement in the Key category pursuant to Section 30-2.2(2) of the Santa Ana Municipal Code. H.In addition to meeting the standards for placement in the Key category pursuant to Section 30-2.2(3) of the Santa Ana Municipal Code, the applicant has agreed, as part of the requested Mills Act agreement Work Plan, to restoration of select elements described therein within the first five years of the Agreement’s term, including removing the non-compatible rear vinyl window, maintaining trimmed condition of landscaping and trees at the front of the property, repainting the exterior with a compatible color palette, removing the double security doors from the main entrance, changing the exterior lighting for historically-appropriate lighting, and removing and replacing the double glass block window (south façade) with a historically compatible window. Section 2. In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review under CEQA Guidelines Section 15331, Class 31, as these actions are designed to preserve historical resources. Categorical Exemption No. ER-2025-05 will be filed for this project. Section 3. The Historic Resources Commission of the City of Santa Ana, after conducting the public hearing, hereby approves: A.Historic Resources Commission Application No. 2025-01 to place the Brophy House located at 2301 North Westwood Avenue, Santa Ana, 92706 on the historical register, and B.Historic Register Categorization No. 2025-01 placing the Brophy House located at 2301 North Westwood Avenue, Santa Ana, 92706 within the Key category, as conditioned in Exhibit B, attached hereto and incorporated herein. These decisions are based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Staff report and exhibits attached thereto , the report entitled “Historical Property Description,” and the public testimony, all of which are incorporated herein by this reference. Section 4. For the subject property, a report entitled “Historical Property Description” is on file with the Planning Division, and is hereby approved and adopted, and together with the staff report and this Resolution, justify the findings for placement on the City of Santa Ana Register of Historical Properties into a category. The Historic Resources Commission Secretary is authorized and directed to include this Resolution in the City of Santa Ana Register of Historical Properties. Historic Resources Commission 1 -7 3/6/2025 City Council 15 – 27 5/20/2025 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 Resolution No. 2025-XX Page 3 of 7 Section 5. The Historic Resources Commission Secretary is hereby directed to file a certified copy of this Resolution with the County Recorder’s Office after the adoption of this Resolution pursuant to Public Resources Code Section 5029. ADOPTED this 6th day of March, 2025. __________________________ Edward Murashie Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:________________________ Brandon Salvatierra Deputy City Attorney AYES: NOES: ABSTAIN: NOT PRESENT: Historic Resources Commission 1 -8 3/6/2025 City Council 15 – 28 5/20/2025 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 Resolution No. 2025-XX Page 4 of 7 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, NUVIA OCAMPO, Historic Resources Commission Secretary, do hereby attest to and certify the attached Resolution No. 2025-XX to be the original resolution adopted by Historic Resources Commission of the City of Santa Ana on March 6, 2025. Date: ________________ ____________________________________ Nuvia Ocampo Commission Secretary City of Santa Ana Historic Resources Commission 1 -9 3/6/2025 City Council 15 – 29 5/20/2025 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 Resolution No. 2025-XX Page 5 of 7 EXHIBIT A LEGAL DESCRIPTION APN Address Legal Description Owner Names 001-176-01 2301 North Westwood Avenue PARCEL 1 LOT 6 OF TRACT NO. 3141, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 95 PAGES 47 AND 48 MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL 2 THAT PORTION OF LOT 7 OF TRACT NO. 3141, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 95 PAGES 47 AND 48 MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE EAST LINE OF SAID LOT 7 DISTANT THEREON NORTH 2° 44’ 44” EAST 3 FEET FROM THE SOUTHEAST CORNER THEREOF AND RUNNING THENCE SOUTH 2° 44’ 44” WEST 3 FEET TO THE SOUTHEAST CORNER OF SAID LOT 7; THENCE NORTH 89° 21’ 50” WEST ALONG THE SOUTH Kevin T. Nguyen Historic Resources Commission 1 -1 0 3/6/2025 City Council 15 – 30 5/20/2025 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 Resolution No. 2025-XX Page 6 of 7 LINE OF SAID LOT, 134.84 FEET TO THE SOUTHWEST CORNER THEREOF; THENCE NORTHERLY ALONG THE WESTERLY LINE OF SAID LOT 5.31 FEET; THENCE EASTERLY 134.84 FEET, MORE OR LESS TO THE POINT OF BEGINNING. Historic Resources Commission 1 -1 1 3/6/2025 City Council 15 – 31 5/20/2025 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 Resolution No. 2025-XX Page 7 of 7 EXHIBIT B Conditions of Approval for Historic Resources Commission Application No. 2025-01 and Historic Resources Commission Categorization No. 2025-01 The Applicant must comply with each condition listed below prior to exercising the rights conferred by the Historic Resource Commission’s approval and the City of Santa Ana Register of Historic Properties pursuant to Section 30-6 of the Santa Ana Municipal Code. The Applicant must remain in compliance with all condition(s) listed below: 1.Within 180-days of execution of this resolution, the applicant shall install a bronze plaque as per a template on file with the Planning Division honoring and recognizing the structure at 2301 North Westwood Avenue, historically known as the Brophy House. The plaque shall include the historic name, address, year built, and local historic register designation. The final dimensions, location, text and description on the plaque shall be reviewed and approved by Planning Division staff. 2.The applicant shall regularly maintain all landscaping in the front yard area (pruning and thinning trees and shrubs) so that the historic building and its character defining features (including but not limited to the hipped and front gable roofs, overhanging eaves and fascia, aluminum and wood- frame windows, and stucco and stone-clad siding) are visible from the public right-of-way. Historic Resources Commission 1 -1 2 3/6/2025 City Council 15 – 32 5/20/2025 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Attn: Clerk of the Council FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 _________________________________________________________________________ HISTORIC PROPERTY PRESERVATION AGREEMENT This Historic Property Preservation Agreement (“Agreement”) is made and entered into by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the of the State of California (hereinafter referred to as “City”), and Kevin T. Nguyen, a married man, as his sole and separate property, (hereinafter collectively referred to as “Owner”), owner of real property located at 2301 North Westwood Avenue, Santa Ana, California, in the County of Orange and listed on the Santa Ana Register of Historical Properties. RECITALS A.The City Council of the City of Santa Ana is authorized by California Government Code Section 50280 et seq. (known as the “Mills Act”) to enter into contracts with owners of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity. B.The Owner possesses fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 2301 North Westwood Avenue, Santa Ana, CA, 92706 and more particularly described in Exhibit “A,” attached hereto and incorporated herein by reference, and hereinafter referred to as the “Historic Property.” C.The Historic Property is officially designated on the Santa Ana Regist er of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D.City and Owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner. Historic Resources Commission 1 -1 3 3/6/2025 City Council 15 – 33 5/20/2025 MILLS ACT AGREEMENT 2301 North Westwood Avenue Santa Ana, CA 92706 -2 - E.Owner and City intend to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code. NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows: 1.Effective Date and Terms of Agreement. This Agreement shall be effective and commence on May 21, 2025, and shall remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below. 2.Renewal. a.Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein. b.If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party. Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. c.Within 30 days from receipt of City’s notice of nonrenewal, the Owner may file a written protest of City’s decision of nonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal. d.If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3.Standards and Conditions for Historic Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions: a.Owner shall maintain the Historic Property in a good state of repair and shall preserve, maintain, and, where necessary, restore or rehabilitate the property and its character- defining features described in the “Executive Summary” and “Historical Property Description” attached hereto, marked collectively as Exhibit B, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City. Historic Resources Commission 1 -1 4 3/6/2025 City Council 15 – 34 5/20/2025 MILLS ACT AGREEMENT 2301 North Westwood Avenue Santa Ana, CA 92706 -3 - b.All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State Department of Parks and Recreation, namely the U.S. Secretary of the Interior’s Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit C, and incorporated herein by this reference. Owner shall continually maintain the Historic Property in the same or better condition. c.A view corridor enabling the general public to see the Historic Property from the public right-of-way shall be maintained, and Owner shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubber y, so as to prevent the viewing of the historic landmark by the public. d.The following are prohibited: demolition of the Historic Property or destruction of character-defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission; paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alterations are in keeping with the Secretary of Interior’s Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. e.Owner shall allow reasonable periodic inspection by prior appointment, as needed or at least every five (5) years after the initial inspection, of the interior and exterior of the Historic Property by representatives of the City of Santa Ana, the County Assessor, the State Department of Parks and Recreation, and the State Board of Equalization, to determine the Owner’s compliance with the terms and provisions of this Agreement. As part of the periodic inspection, Owner shall supply information in a format determined acceptable by the representatives of the City of Santa Ana, the County Assessor, the State Department of Parks and Recreat ion, and the State Board of Equalization information required to determine compliance with the terms of this Agreement. f.Owner shall implement the rehabilitation and restoration work items as discussed in detail in Exhibit D, “Proposed Structure Improvements” or “Work Plan” and the City Council Historic Property Preservation Agreement (HPPA No. 2025-01) staff report dated March 6, 2025. All work items shall be completed within the first ten years of the Mills Act Agreement, with specific items completed within the first five years including removing the non-compatible rear vinyl window, maintaining trimmed condition of landscaping and trees at the front of the property, repainting the exterior with a compatible color palette, removing the double security doors from the main entrance, changing the exterior lighting for historically-appropriate lighting, and removing and replacing the double glass block window (south façade) with a historically compatible window. Proof of completion, as requested by the City of Santa Ana, will be required in order to satisfy and maintain the Mills Act Agreement. Staff approval is required before items are amended or removed/replaced from the improvements list. Historic Resources Commission 1 -1 5 3/6/2025 City Council 15 – 35 5/20/2025 MILLS ACT AGREEMENT 2301 North Westwood Avenue Santa Ana, CA 92706 -4 - 4.Furnishing of Information. The Owner hereby agrees to furnish the City with any and all information requested which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement. 5.Cancellation. a.The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50280, et. seq., may cancel this Agreement if it determines that the Owner have breached any of the conditions of this Agreement, or has allowed the property to deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or if the City determines that the Owner have failed to restore or rehabilitate the property in the manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one-half (12 ½) percent by Government Code Section 50286) of the current fair market value of the property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement. b.If the Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion of the City Building Official more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled immediately because, in effect, the historic value of the structure will have been destroyed. No fee shall be imposed in the case of destruction by acts of God or natural disaster. c.If the Historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288. 6.Enforcement of Agreement. a.In lieu of and/or in addition to any provisions to cancel the Agreement as referenced herein, City may specifically enforce, or enjoin the breach of, the terms of the Agreement. In the event of a default, under the provisions to cancel the Agreement by Owner, the City shall give written notice to Owner by registered o r certified mail, and if such a violation is not corrected to the reasonable satisfaction of the City Manager or designee within thirty (30) days thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default, or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default may be commenced within thirty (30) days and shall thereafter be diligently pursued to completion by Owner), then City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by Owner or apply for such relief as may be appropriate. b.City does not waive any claim of default by the Owner if City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in City’s regulations governing historic properties are available to City to Historic Resources Commission 1 -1 6 3/6/2025 City Council 15 – 36 5/20/2025 MILLS ACT AGREEMENT 2301 North Westwood Avenue Santa Ana, CA 92706 -5 - pursue in the event that there is a breach of this Agreement. No waiver by City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 7. Binding effect of Agreement. a.Owner hereby subjects the Historic Property, located at 2301 North Westwood Avenue, Assessor Parcel Number, 001-176-01, and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants, conditions, and restrictions as set forth in this Agreement. b.City and Owner hereby declare their specific intent that the covenants, conditions and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon Owner’s successors and assigns in title or interest to the Historic Property. Every contract, deed, or other instrument hereinafter executed, covering or conveying the Historic Property or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the tenants, restrictions, and reservations expressed in this Agreement regardless of whether such covenants, conditions and restrictions are set forth in such contract, deed, or other instrument. c.This property is listed in the Santa Ana Register of Historical Properties (Register). In any real property transaction, the owner of this property or the owner’s representative shall provide the buyer of this property with notice that the property is listed on the City’s historic Register. 8.No Compensation. Owner shall not receive any payment from City in consideration of the obligation imposed under this Agreement, it being recognized that the consideration for the execution of this Agreement is the substantial public benefit to be derived therefrom and the advantage that will accrue to Owner as a result of the effect upon the assessed value of the Property on the account of the restrictions on the use and preservation of the Property. 9.Notice. Any notice required by the terms of this Agreement shall be sent to the address of the respective parties as specified below or at other addresses that may be later specified by the parties hereto. City: City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Attn: City Clerk Owner: Kevin T. Nguyen 2301 North Westwood Avenue Santa Ana, CA 92706 Historic Resources Commission 1 -1 7 3/6/2025 City Council 15 – 37 5/20/2025 MILLS ACT AGREEMENT 2301 North Westwood Avenue Santa Ana, CA 92706 -6 - 10.General Provisions. a.None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise. b.The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, agent, employee, or other person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owner's activities in connection with the Historic Property. c.This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this Agreement regardless of whether or not City prepared, supplied, or approved the plans, specifications or other documents for the Historic Property. d.All of the agreements, rights, covenants, conditions, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the Historic Property, whether by operation of law on in any manner whatsoever. e.In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney’s fees to be fixed by the court, in addition to court costs and other relief ordered by the court. f.In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. g.This Agreement shall be construed and governed in accordance with the laws of the State of California, with venue in Orange County. 11.Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Orange. Historic Resources Commission 1 -1 8 3/6/2025 City Council 15 – 38 5/20/2025 MILLS ACT AGREEMENT 2301 North Westwood Avenue Santa Ana, CA 92706 -7 - 12.Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. 13.Effective Date This Agreement shall be effective on the day and year first written above in Section 1. {Signature page follows} Historic Resources Commission 1 -1 9 3/6/2025 City Council 15 – 39 5/20/2025 MILLS ACT AGREEMENT 2301 North Westwood Avenue Santa Ana, CA 92706 -8 - ATTEST: CITY OF SANTA ANA ________________________ _________________________ JENNIFER L. HALL ALVARO NUÑEZ City Clerk City Manager OWNER Date: ___________________ By:__________________ KEVIN NGUYEN APPROVED AS TO FORM: RECOMMENDED FOR APPROVAL: SONIA CARVALHO City Attorney By: _____________________ _____________________ BRANDON SALVATIERRA ALI PEZESHKPOUR Deputy City Attorney Acting Executive Director Planning and Building Agency Historic Resources Commission 1 -20 3/6/2025 City Council 15 – 40 5/20/2025 MILLS ACT AGREEMENT 2301 North Westwood Avenue Santa Ana, CA 92706 -9 - EXHIBIT A LEGAL DESCRIPTION PARCEL 1 LOT 6 OF TRACT NO. 3141, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 95 PAGES 47 AND 48 MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL 2 THAT PORTION OF LOT 7 OF TRACT NO. 3141, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 95 PAGES 47 AND 48 MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE EAST LINE OF SAID LOT 7 DISTANT THEREON NORTH 2° 44’ 44” EAST 3 FEET FROM THE SOUTHEAST CORNER THEREOF AND RUNNING THENCE SOUTH 2° 44’ 44” WEST 3 FEET TO THE SOUTHEAST CORNER OF SAID LOT 7; THENCE NORTH 89° 21’ 50” WEST ALONG THE SOUTH LINE OF SAID LOT, 134.84 FEET TO THE SOUTHWEST CORNER THEREOF; THENCE NORTHERLY ALONG THE WESTERLY LINE OF SAID LOT 5.31 FEET; THENCE EASTERLY 134.84 FEET, MORE OR LESS TO THE POINT OF BEGINNING. Assessor’s Parcel Number: 001-176-01 Historic Resources Commission 1 -21 3/6/2025 City Council 15 – 41 5/20/2025 2 1 4 7 9 EXECUTIVE SUMMARY Brophy House 2301 North Westwood Avenue Santa Ana, CA 92706 NAME Brophy House REF. NO. ADDRESS 2301 North Westwood Avenue CITY Santa Ana ZIP 92706 ORANGE COUNTY YEAR BUILT 1957 LOCAL REGISTER CATEGORY: Key HISTORIC DISTRICT N/A NEIGHBORHOOD West Floral Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION C/3 CALIFORNIA REGISTER STATUS CODE 5S3 Location: Not for Publication Unrestricted Prehistoric Historic Both ARCHITECTURAL STYLE: Mid-Century Modern Editor of Arts and Architecture magazine, John Entenza, and his influential sponsorship of the Case Study Program, greatly influenced the development of Mid-Century Modern architectural style. The Case Study Program, which included a series of residential designs (not all of which were constructed) was published between 1945-1966. The program emphasized modern design techniques and affordable construction methods that were easily replicated as a means to influence affordable housing production. Key design elements of the Case Study Program include stripped ornamentation, exposed structural components including wide beams as part of a post-and-beam structural system; flat or nearly flat roofs integrating generous overhangs; concrete flooring, and open floor plans. A strong emphasis on indoor-outdoor living was conveyed through the heavy utilization of glazed walls and interior and exterior courtyards. Mid-Century Modern style is an umbrella term that incapsulates a broad range of post-World War II modernist themes that were applied to a variety of property types including single-and-multi family residences, commercial buildings and centers, as well as large-scale educational, institutional, and indsustrial uses. The Mid-Century Modern style’s period of significance is 1945-1975. Character-defining features of the Mid-Century Modern style include use of wood or steel post and beam exposed construction, bountiful glazing, and an emphasis on indoor-outdoor living. In form and massing, the style is expressed through simple geometric volumes and horizontal massing, usually asymmetrical. The style includes little to no ornamentaiton. Roof shapes are often flat or have low-pitch gables, both with wide overhanging eaves. Additionally, highly-pitched A-frame roofs are a reflection of the style. Fenestration is typically flush-mounted metal framed windows that span floor-to-ceiling. Siding can include stucco, concrete block, brick, and wood. SUMMARY/CONCLUSION: The Brophy House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for embodiment of the distinguishing characteristics of a Mid-Century Modern style residential building. The recommended categorization is “Key” because it has a distinctive architectural style and quality reflective of the Mid-Century Modern style (Santa Ana Municipal Code, Section 30-2.2). EXPLANATION OF CODES: California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, “How to Nominate Resources to the California Register of Historical Resources,” September 4, 2001.) 3:It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. 5S3:Appears to be individually eligible for local listing or designation through survey evaluation. Historic Resources Commission 1 -22 3/6/2025 City Council 15 – 42 5/20/2025 State of California The Resources Agency Primary #______________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI #__________________________________________________ PRIMARY RECORD Trinomial______________________________________________ NRHP Status Code_____________________________________ Other Listings_____________________________________________________________________ Review Code________Reviewer________________________Date_______________ Page _1_ of _5_ Resource name(s) or number (assigned by recorder) Brophy House P1. Other Identifier: *P2. Location: Not for Publication Unrestricted *a. County Orange County *b. USGS 7.5’ Quad: Orange Quadrangle California-Orange County 7.5-Minute Series Date: 2022 *c. Address 2301 North Westwood Avenue City: Santa Ana Zip: 92706 *e. Other Locational Data: Assessor’s Parcel Number 001-176-01 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) Located on a corner parcel in West Floral Park, the Brophy House is a one-story, single-family Mid-Century Modern Style residence with an attached garage and rear pool (Figure 1). The building features a U-shaped plan that emphasizes privacy with two primary facades: the main living area in the west wing facing Westwood Avenue, and a louvered privacy wall with a rear yard entrance and an attached garage in the south wing facing Santa Clara Avenue (Figure 2). Asymmetrical in design, the house exhibits a horizontal emphasis expressed through a low-pitched, complex hipped roof with deep overhanging eaves and continuous fascia that wraps around the building’s roofline (Figure 3). The center point where the west and south wings meet form a prominent southwest building corner with a slightly higher pitched gable roof than the majority of the building (Figure 4). The exterior of the house is clad primarily in a combination of stucco and stonewall, with minimal concrete block towards the rear. The main entrance, which is located behind security doors, is composed of double solid pedestrian doors with two doorknobs each adorned by round bronze ornamentation. The entrance is raised above two shallow stone-clad steps and is situated under a wide overhanging eave with a single cylinder support beam that forms the front porch (Figure 5). (See Continuation Sheet 3 of 5.) *P3b. Resource Attributes: (list attributes and codes) HP2. Single-Family Residence and HP39. Other (swimming pool) *P4. Resources Present: Building Structure Object Site District Element of District Other P5b. Photo: (view and date) (Figure 1) Primary (southwest) facade, view northeast, January 2025 *P6. Date Constructed/Age and Sources: historic 1957/ Original Building Permit *P7. Owner and Address: Kevin T. Nguyen 2301 N Westwood Avenue Santa Ana, CA 92706 *P8. Recorded by: Andrea Dumovich Heywood City of Santa Ana 20 Civic Center Plaza M-20 Santa Ana, CA 92702 *P9. Date Recorded: March 6, 2025 *P10. Survey Type: Intensive Survey Update *P11. Report Citation: (Cite survey report and other sources, or enter “none”) None *Attachments: None Location Map Sketch Map Continuation Sheet Building, Structure, and Object Record Archaeological Record District Record Linear Feature Record Milling Station Record Rock Art Record Artifact Record Photograph Record Other (list) DPR 523A (1/95)*Required information P5a. Photo Historic Resources Commission 1 -23 3/6/2025 City Council 15 – 43 5/20/2025 State of California The Resources Agency Primary #__________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI#______________________________________________ BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 5 *NRHP Status Code_5S3_________________________ *Resource Name or #: Brophy House B1. Historic Name: Brophy House B2. Common Name: Same B3. Original Use: Single-family Residence B4. Present Use: Single-family Residence *B5. Architectural Style: Mid-Century Modern *B6. Construction History: (Construction date, alterations, and date of alterations): September 10, 1957. Permit to construct a six-room residence and garage. $23,000. November 29, 1957. Plastering. Valuation unknown. Januar 3, 1958. Pvt. Pool. $2,500. October 15, 1999. Reroof. $8,400. February 4, 2025. Legalize existing rear vinyl slider window. $1,500. *B7. Moved?No Yes Unknown Date:__________Original location:_______ _______ *B8. Related Features: swimming pool B9a. Architect: Unknown b. Builder: A.K. Herrick (contractor) *B10. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: 1957 Property Type: Single-family Residence Applicable Criteria: C/3 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Brophy House is architecturally significant as an intact example of a Mid-Century Modern-style house in Santa Ana. The original building permit is dated September 10, 1957 and indicates it was built as a single-family six-room residence and garage by contractor A.K. Herrick, at a cost of $23,000. The original architect is unknown. The earliest known occupant is Joseph P. Brophy, who is listed on the original building permit. City directories note Mr. Brophy as the building's owner through 1962. The years 1963-1987 do not include the subject address in the directory or the directory itself was not available for research. Newspaper articles indicate that prior to owning 2301 N Westwood Avenue, Mr. Brophy moved to Santa Ana in 1939 and owned a café located at 220 E. 4th Street for at least ten years. Mr. Brophy, without any public office experience, ran for state assembly in 1954 and lost to Assemblyman Earle Stanley (Santa Ana Register February 18, 1954 and Santa Ana Register June 9, 1954). No pertinent information was uncovered regarding Mr. Brophy during his time occupying 2301 N Westwood Avenue. The next known owner, Bernie Barnette, owned the subject property from circa 1989 to 2008, per available city directories. Mr. Barnette worked for MacLean sales department in the 1950s as well as worked as a used car manager (Santa Ana Register May 1, 1955). No other information was uncovered. The property remained in the Barnette family until 2024, when current owner Kevin Nguyen purchased the property from Bradley Barnette (See Continuation Sheet 3). B11. Additional Resource Attributes: (List attributes and codes) *B12. References: (See Continuation Sheet 4 of 5.) B13. Remarks: None *B14. Evaluator: Andrea Dumovich Heywood, City of Santa Ana. *Date of Evaluation: March 6, 2025 Sketch Map (This space reserved for official comments.) Brophy House 2301 North Westwood Avenue N Historic Resources Commission 1 -24 3/6/2025 City Council 15 – 44 5/20/2025 State of California The Resources Agency Primary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________________ CONTINUATION SHEET Trinomial _____________________________________________ Page 3_ of 5_Resource Name: Brophy House *Recorded by Andrea Dumovich Heywood *Date March 6, 2025 Continuation Update DPR 523L DPR 523B (1/95)*Required information *P3a. Description (continued): Window fenestration throughout the property includes a mix of materials, primarily comprised of aluminum and wood-frame windows. On the primary (west) façade, fenestration includes a pair of narrow casement windows to the north and floor-to- ceiling fixed wood windows at the south corner near the main entrance. Below the southwest gable roof are two wood-frame trapezoidal transoms (Figure 6). Window fenestration on the primary (south) façade includes a single wood-framed stained- glass window, one tripartite aluminum-frame casement window, one double glass block window, and a jalousie window. Remaining rear-facing window fenestration throughout the interior courtyard includes several sets of floor-to-ceiling aluminum slider and fixed windows, large floor-to-ceiling fixed wood windows that span the façade and building corner, and a single vinyl replacement slider window (Figure 7). The north (side) façade contains two sets of aluminum-frame casement windows and one group of aluminum-frame transom casement and fixed windows. Additional architectural features include the use of stonewall material that is applied on the central stonewall chimney, shallow front porch steps, and front yard planters; wood shutters which flank the aluminum casement windows at the primary (west) façade; prominent window sill located on the wood-frame windows and single jalousie window; three long beams extending past the gable’s end at the southwest gable; and rear swimming pool (Figure 8). The property is landscaped with a front lawn, low shrubs, palm trees and tropical-themed plants, and other Mid-Century Modern themed vegetation. *B10. Significance (continued): Santa Ana was founded by William Spurgeon in 1869 as a speculative town site on part of the Spanish land grant known as Rancho Santiago de Santa Ana. The civic and commercial core of the community was centered around the intersection of Main and Fourth Streets. Stimulated by the arrival of the Santa Fe Railroad and incorporation as a city in 1886, and selection as the seat of the newly created County of Orange in 1889, the city grew outwards, with residential neighborhoods developing to the north, south, and east of the city center. Agricultural uses predominated in the outlying areas, with cultivated fields and orchards dotted with widely scattered farmhouses. Since the second half of the twentieth century, the neighborhood in which the Brophy House is located has been known as West Floral Park. Bounded by Santiago Creek on the north, West Seventeenth Street on the south, North Flower Street on the east and North Bristol Street on the west, this residential area largely developed after 1947. Prior to that time, the area was primarily agricultural, and other than Flower Street, which was improved with houses during the 1920s and 1930s, contained only a handful of residences on Baker and Bristol Streets, the City Water Works pumping plant at 2315 North Bristol Street, and the Animal Shelter and City/County Pound at 2321 North Bristol Street. Between 1947 and 1950, around two dozen homes were constructed on Baker, Olive, Towner, and Westwood Streets. Construction boomed throughout the neighborhood during the 1950s, with the California Ranch emerging as the favored residential style. The Brophy House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an intact example of a Mid-Century Modern style home in Santa Ana. Located in West Floral Park, the house cost $23,000 to build in 1957. The recommended categorization is “Key” because it has a distinctive architectural style and quality reflective of the Mid-Century Modern style (Santa Ana Municipal Code, Section 30-2.2). Character-defining features of the Mid-Century Modern style exhibited by the house include its U-shaped plan; two primary (west and south) facades; asymmetrical design; horizontal emphasis expressed through low-pitched, complex hipped roof with deep overhanging eaves; continuous fascia that wraps around the building’s roofline; southwest gable roof with trapezoidal transoms; original windows and doors consisting of aluminum and wood frames; one jalousie window; prominent window sill on wood-frame windows and one jalousie window; stucco and stonewall cladding throughout; main entrance within front porch composed of double doors with bronze doorknob ornamentation; stonewall chimney; stone-clad front porch steps and planter boxes; louvered privacy wall with a rear yard entrance; attached garage; and front lawn with tropical landscaping. *B12. References (continued): Ancestry.com. U.S., City Directories, 1822-1995 [database on-line]. Lehi, UT, USA: Ancestry.com Operations, Inc., 2011. _____. 1930 United States Federal Census [database on-line]. Provo, UT, USA: Ancestry.com Operations Inc, 2002. _____. Ancestry.com. 1940 United States Federal Census [database on-line]. Provo, UT, USA: Ancestry.com Operations, Inc., 2012. _____. California, U.S., Marriage Index, 1960-1985 [database on-line]. Provo, UT, USA: Ancestry.com Operations Inc, 2007. City of Santa Ana Building Permits McAlester, Virginia Savage. A Field Guide to American Houses. New York: Alfred A. Knopf, 2013. Newspapers.com (Santa Ana Daily Register, The Register) Office of Historic Preservation. “Instructions for Recording Historical Resources.” Sacramento: March 1995. Sanborn maps. Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. Historic Resources Commission 1 -25 3/6/2025 City Council 15 – 45 5/20/2025 State of California The Resources Agency Primary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________________ CONTINUATION SHEET Trinomial _____________________________________________ Page 4_ of 5_Resource Name: Brophy House *Recorded by Andrea Dumovich Heywood *Date March 6, 2025 Continuation Update DPR 523L Additional Figures: Figure 2. Louvered privacy wall along the south wing, facing north. Figure 3. The building’s deep overhanging eaves, facing northeast. Figure 4. The prominent southwest building corner with gable roof, facing north. Figure 5. The main entrance is raised above two stone- clad steps and is situated under a wide overhanging eave that forms the front porch, facing northeast. Figure 6. On the primary (west) façade, a pair of narrow casement windows, facing east. Figure 7. At the rear, large floor-to-ceiling fixed wood windows span the façade, facing west. Historic Resources Commission 1 -26 3/6/2025 City Council 15 – 46 5/20/2025 State of California The Resources Agency Primary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________________ CONTINUATION SHEET Trinomial _____________________________________________ Page 5_ of 5_Resource Name: Brophy House *Recorded by Andrea Dumovich Heywood *Date March 6, 2025 Continuation Update DPR 523L Figure 8. Primary (west) façade which contains stonewall material and wood shutters, among other features, facing east. Historic Resources Commission 1 -27 3/6/2025 City Council 15 – 47 5/20/2025 MILLS ACT AGREEMENT 2301 North Westwood Avenue Santa Ana, CA 92706 - 1 - Exhibit C Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S. Secretary of the Interior’s Standards for Rehabilitation of Historic Buildings, as follows: 1. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose. 2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. 3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. 4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. 5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity. 6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from the other buildings or structures. 7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. 8. Every reasonable effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any project. 9. Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, and such design is compatible with Historic Resources Commission 1 -28 3/6/2025 City Council 15 – 48 5/20/2025 MILLS ACT AGREEMENT 2301 North Westwood Avenue Santa Ana, CA 92706 - 2 - size, scale, color, material and character of the property, neighborhood, or environment. 10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired. Historic Resources Commission 1 -29 3/6/2025 City Council 15 – 49 5/20/2025 2 2 9 0 3 Exhibit D: Proposed Structure Improvements (“Work Plan”) 2301 North Westwood Avenue Item Year Improvement 1 2025 Replace one rear vinyl slider window with new window that is compatible in materials, design, and operation. Planning Division staff approval required prior to issuance of Building permit. 2 2025 Trim exterior landscaping to expose and accentuate historic property features, such as the high gable roofline and corner/ribbon windows, to ensure a clear view of the primary (west and south) façades from the public right-of-way. 3 2025 Repaint exterior of residence with a historically-compatible color palette. 4 2026 Remove double security doors from the main entrance. Replacement doors require Planning Division staff approval prior to installment. 5 2027 Change out exterior lighting for historically-appropriate lighting. Planning Division staff approval required prior to installation. 6 2028 Remove and replace the double glass block window (south façade) with a period appropriate window that is compatible in materials, design, and operation. Planning Division staff approval required prior to issuance of Building permit. 7 2030 Replace non-original garage door with historically-compatible garage door, approved by Planning Division staff prior to installation. Historic Resources Commission 1 -30 3/6/2025 City Council 15 – 50 5/20/2025 Police Department www.santa-ana.org/pd Item # 16 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report May 20, 2025 TOPIC: Recruitment, Training, and Staffing Consultant Services AGENDA TITLE Agreement with Kim Turner, LLC for Recruitment, Training, and Staffing Consulting Services (Specification No 25-009) (Non-General Fund) RECOMMENDED ACTION Authorize the City Manager to execute a one-year agreement with Kim Turner, LLC, to provide recruitment, training, and staffing consulting services for the period of May 20, 2025 through May 19, 2026, with provisions for two, one-year extensions, in an amount not to exceed $197,500 (Agreement A-2025-XXX). GOVERNMENT CODE §84308 APPLIES: Yes DISCUSSION The Santa Ana Police Communications Division has historically been critically understaffed, causing employees to be overworked and experience burnout. Trainee retention is the root cause. Since April 2022, 15 dispatchers have been hired to fill vacancies; to date, only two have successfully passed training and probation. Currently, the Communications Division is understaffed by six dispatcher positions. Over the years, several attempts have been made to improve and restructure our training program and improve recruitment efforts, including creating a Training Committee to mentor, coach, and develop Communications Training Officers (CTO). In addition, we have worked closely with our City's Human Resources team to screen applicants and have implemented an orientation and sit-along phase to the application process. However, we continue to fall short with our training program. The objective of the consulting services offered by Kim Turner, LLC is to address systemic root causes and create long-term, sustainable solutions for our staffing challenges. This project will create a tailored training program specific to our policies, procedures, culture, and the community's needs and expectations. This program will reduce the time it takes to train a new dispatcher, thus allowing them to be added to minimum staffing levels as City Council 16 – 1 5/20/2025 Recruitment, Training, and Staffing Consultant Services May 20, 2025 Page 2 5 0 2 1 soon as possible. In addition, the consultants will conduct an in-depth staffing and schedule analysis for optimization. On January 9, 2025, the Santa Ana Police Department issued Request for Proposals (RFP #25-009) and it was posted on the City's online bid management and publication system. The RFP aimed to identify qualified Peace Officer Standards Training (POST) certified instructors and subject matter experts capable of addressing systemic root causes and creating long-term, sustainable solutions for the recruitment, training, and staffing challenges within the Communications Division. A summary of the proposals and offers received is as follows: 977 Vendors notified 1 Santa Ana vendor notified 62 Vendors downloaded the RFP packet 3 Proposals received 0 Proposals received from a Santa Ana vendor Proposals were opened on January 30, 2025 and evaluated. An evaluation team reviewed and rated all proposals received to determine if necessary qualifications were met. The proposals were evaluated and scored according to criteria identified within the RFP, including Responsiveness to RFP (15%), Experience of Firm and Personnel (50%), Reasonableness of Cost (25%), and References (10%). Of the three (3) proposals received, two (2) were determined to be responsive and qualified based on their response to the city's specifications and requirements. After the evaluation process, the Santa Ana Police Department Communications Division selected Kim Turner, LLC to provide recruitment, training, and staffing consultant services. Kim Turner, LLC best met the City's specifications, demonstrated vast experience working with similar-sized California public agencies, and offered the most comprehensive level of experience among the firms capable of delivering the required level of service. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funding is available and will be budgeted for future fiscal year as follows: Fiscal Year Accounting Unit- Account # Fund Description Accounting Unit, Account Description Amount FY 25-26 16614450-62300 US DOJ Asset Forfeiture US Dept of Justice AFF, Contract Services Professional $197,500 City Council 16 – 2 5/20/2025 Recruitment, Training, and Staffing Consultant Services May 20, 2025 Page 3 5 0 2 1 EXHIBIT(S) 1. Agreement with Kim Turner, LLC Submitted By: Robert Rodriguez, Police Chief Approved By: Alvaro Nuñez, City Manager City Council 16 – 3 5/20/2025 Page 1 of 9 AGREEMENT BETWEEN KIM TURNER LLC AND CITY OF SANTA ANA TO PROVIDE RECRUITMENT, TRAINING, STAFFING AND CONSULTING SERVICES THIS AGREEMENT is made and entered into on this 20th day of May, 2025 by and between Kim Turner, LLC, a Limited Liability Corporation (“Consultant”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”). RECITALS A.On January 9, 2025, the City issued Request for Proposal No. 25-009 (RFP), seeking proposals from qualified firms and organizations to provide recruitment, training, and staffing consulting services for the Police Department's Communications Division. B.Among the proposals submitted Kim Turner, LLC best met the City’s specifications, demonstrated vast experience working with similar-sized California public agencies, and offered the most comprehensive level of experience among the firms capable of delivering the required level of service. C.Consultant represents that Consultant is able and willing to provide such services to the City. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1.SCOPE OF SERVICES Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in the RFP’s Scope of Services - Exhibit A, attached hereto and incorporated by reference. 2.COMPENSATION a.City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in Consultant’s Cost Proposal - Exhibit B. The total amount to be expended during the term of this Agreement shall not exceed $197,500. b.Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. City and Consultant agree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH) transfers. Consultant agrees to execute the City’s standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the Exhibit 1 City Council 16 – 4 5/20/2025 Page 2 of 9 data provided, the City will be authorized to deposit payments directly into Consultant’s account(s) with financial institutions. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on May 20, 2025, for a one (1) year term with the option for the City to grant up to two (2), one (1) year renewals, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent Consultant and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents & Data”). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall 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 Consultant. City Council 16 – 5 5/20/2025 Page 3 of 9 MINIMUM SCOPE AND LIMIT OF INSURANCE 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence and $2,000,000 aggregate. Required policy limits can be met with primary and umbrella/excess insurance policies. 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 Consultant does not maintain commercial automobile liability insurance, City will accept evidence of personal automobile insurance. 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. Coverage is not required if Consultant has no employees and signs request to waive such insurance. 4. Professional Liability Insurance: with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 aggregate. If Consultant maintains broader coverage and/or higher limits than the minimum requirements for each line of coverage shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City. Other Insurance Provisions The above required insurance policies are to contain or be endorsed to contain the following provisions: 1. City, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds, under Consultant’s CGL, Professional Liability, and Automobile Liability policies, with respect to any liability arising out of work or operations performed by or on behalf of the Instructor including materials, parts, equipment, and personnel furnished in connection with such work or operations. 2. Consultant’s Insurance company(ies) agrees to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from work performed by Consultant under this Agreement. 3. For any claims related to this contract, Consultant’s insurance coverage shall be primary and any insurance maintained by City, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it. 4. A severability of interest provision must apply for all the additional insureds, ensuring that Consultant’s insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer’s limits of liability. 5. 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: Jennifer Arellano, 20 Civic Center Plaza, M-96, Santa Ana, CA 92701. The name and location of project must be included in the Description of Operations section of each certificate. City Council 16 – 6 5/20/2025 Page 4 of 9 Self-Insured Retentions Self-insured retentions must be declared to and approved by the City. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the State of California with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to City. Verification of Coverage Consultant shall furnish City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive Consultant’s obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Special Risks or Circumstances City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 7. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant’s services are subject to Civil Code Section 2782.8, the above indemnity sh all be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. City Council 16 – 7 5/20/2025 Page 5 of 9 8. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States’ letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 9. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 10. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. “Confidential Information” s hall 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 subsidi ary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE a. Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. b. No immediate family members of either the Mayor, City Council Member, or any appointed City Official, including appointed board and commission members, as defined under the City’s Municipal Code, whose position with the City shall award or influence the award of this Agreement, or any competing contract or amendment thereof, shall be employed in any City Council 16 – 8 5/20/2025 Page 6 of 9 capacity by the Consultant or have any other direct or indirect financial benefit or interest in this Agreement. c. The section also prohibits the awarding of any agreement, contract, grant, or any amendment to those awards, to any former full-time employee for one-year from date of employee separation except for any CalPERS retiree as authorized by City Council resolution d. The Consultant must comply with all conflict of interest laws, ordinances, and regulations now in effect or hereafter to be enacted during the term of this (Contract, Agreement, or Grant). The Consultant warrants that it is not now aware of any facts which conflict with the prohibitions defined above. If the Consultant hereafter becomes aware of any facts that might reasonably be expected to create a conflict of interest, it must immediately make full written disclosure of such facts to the City. Full written disclosure must include, but is not limited to, identification of all persons implicated and a complete description of all relevant circumstances. Failure to comply with the provisions of this paragraph will be a material breach of this Agreement. e. Consultant covenants that none of its directors, officers, employees, or agents shall participate in selecting or administrating any subcontract supported (in whole or in part) by City funds stemming from the Agreement where the awarding of the subcontract has any direct or indirect financial benefit or interest to any individual, as defined in subsections (b) and (c) above. 12. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, o r disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. City Council 16 – 9 5/20/2025 Page 7 of 9 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City’s ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Consultants retained by City. 15. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 18. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. City Council 16 – 10 5/20/2025 Page 8 of 9 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: Chief of Police Santa Ana Police Department City of Santa Ana 20 Civic Center Plaza (M-96) P.O. Box 1988 Santa Ana, California 92702 To Consultant: Kim Turner, President Kim Turner LLC 3200 E. Guasti Road, Suite 100 Ontario, CA 91761 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney’s fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. City Council 16 – 11 5/20/2025 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 tis Agreement the date and year first above written. ATTEST CITY OF SANTA ANA JENNIFER L. HALL City Clerk ALVARO NUNEZ City Manager APPROVED AS TO FORM SONIA R. CARV ALHO TAMARA BOGOSIAN Senior Assistant City Attorney KIM TURNER LLC KIM TURNER President RECOAlThlENDED FOR APPR ROBERT RODRIGUEZ Chief of Police Page 9 of 9 City Council 16 – 12 5/20/2025 CITY OF SANTA ANA Consultant shall perform services as set forth below. I. CONSULTING SERVICES A. Police Services Dispatcher Recruitment Services must include: i. Evaluating and enhancing SAPD’s current job posting for Police Services Dispatcher. ii. Evaluate and enhance SAPD’s current hiring practices for Police Services Dispatcher. iii. Evalute and enhance SAPD’s current recruitment practices for Police Services Dispatcher. B. Police Services Dispatcher Training Services shall include: i. Development of Communications Training Manual to include: 1. Construct timelines and training benchmarks for Communication Training Officers (CTO) that fall in line with the policies and procedures of the SAPD. 2. Manual must be specific to the policies and procedures of the SAPD, and updates shall be provided on an as needed basis. ii. Provide training for all Communications Training Officers (CTO) on an as needed basis throughout the duration of the Agreement. C. Police Services Dispatcher Staffing Services must include: i. Assess the staffing structures, levels, and scheduling practices, including the use of overtime within the Communications Division for optimization. ii. Research and review applicable best practices, regulations, and state and industry standards related to staffing, overtime, call time standards, including the MOU’s between the City of Santa Ana and the Police Officers Association (POA). iii. Analyze and determine optimal staffing and workload levels for the Communications Division personnel. II. MINIMUM REQUIREMENTS OF AGREEMENT A. Perform multiple site visits, “sit-alongs”, and interviews with Communications personnel during all shifts, including weekends and graveyard shifts to obtain an understanding of the processes, systems used, and job function/demands. EXHIBIT A SCOPE OF SERVICES City of Santa Ana RFP 25-009 Page 15 of 30 City Council 16 – 13 5/20/2025 CITY OF SANTA ANA B. Interview personnel to within a set time frame provided by SAPD to understand the hiring and training process for new dispatchers. C. Provide, at a minimum, once a month in-person, check-in meetings with the Communications Manager throughout the duration of the Agreement. City of Santa Ana RFP 25-009 Page 16 of 30 City Council 16 – 14 5/20/2025 2. Cost Proposal 25 EXHIBIT B City Council 16 – 15 5/20/2025 2.Cost Proposal All Proposers are required to submit a fixed rate fee with their Cost Proposal. Pricing instructions should be clearly defined to ensure fees proposed can be compared and evaluated. Cost Proposal must include a payment schedule if applicable. City reserves the right to negotiate compensation and/or payment schedule prior to award of any resulting agreement. When applicable, if providing hourly rate sheets, Proposer shall not include rate ranges or averages. Kim Turner, LLC has included our cost proposal, which is a fixed-rate fee. We have followed all instructions provided herein. It is understood that the City reserves the right to negotiate compensation and/or payment schedule prior to award. The City shall 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. Additional costs will not be considered and will not be reimbursed by the City, therefore, such costs must be absorbed in Proposer’s cost proposal fee structure. Any language related to travel reimbursement shall be stricken from the document by the City and if not stricken, shall be deemed invalid. We understand that the City is not responsible for reimbursement of any 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. Kim Turner, LLC will absorb any additional costs, which will be reflected in our cost proposal fee structure. Proposals shall be valid for a minimum of one hundred eighty (180) days following Proposal deadline. The cost for developing the Proposal is the sole responsibility of the Proposer. All Proposals submitted become property of the City. We attest that this cost proposal is valid for a minimum of one hundred eighty (180) days following this proposal’s deadline. Pricing shall remain firm for the entire initial Agreement term. Thereafter, any proposed pricing adjustment for follow-on renewal periods shall be submitted to the City Representative in writing at least ninety (90) days prior to the new Agreement term. The City reserves the right to accept, reject, or negotiate any proposed pricing adjustment not to exceed the Bureau of Labor Statistics Consumer Price Index (CPI) data as follows: Los Angeles-Long Beach-Anaheim, CA; All Urban Consumers; Not Seasonally Adjusted; annualized change comparing the most recent month’s reported data to the same month of the prior year. (This information may be found on the U.S. Department of Labor’s website at www.bls.gov.) Kim Turner, LLC guarantees that this pricing will remain firm for the entire initial agreement period and that any proposed pricing adjustments need to be submitted to the City in writing at least ninety (90) days prior to the new agreement date. We understand the city reserves the right to negotiate any proposed pricing adjustment not to exceed the Bureau of Labor Statistics Consumer Price Index (CPI) data from Los-Angeles-Long Beach-Anaheim, CA; urban consumers; not seasonally adjusted; and annualized change comparing the most recent months’ reported data to the same month of the prior year. COST PROPOSAL The fee for all listed services is $197,500.00. 26 City Council 16 – 16 5/20/2025 SCOPE OF WORK HOURS PROPOSAL A. Police Services Dispatcher Recruitment Services I. Evaluating and enhancing SAPD’s current job posting is for Police Services Dispatcher. Review data and job postings for accuracy and results. 80 hours II. Evaluate and enhance SAPD’s current hiring practices for Police Services Dispatchers. Review the current job description and create new drafts as necessary to accurately reflect current work tasks. 80 hours III. Evaluate and enhance SAPD’s current recruitment practices for Police Services Dispatcher Review recruitment practices, including current social media outlets, targeted demographics, and results. 160 hours B. Police Services Dispatcher Training Services I. Development of Communications Training Manual (1) Develop a communications a training manual that falls within best practices and utilizes adult learning methodologies consistent with SAPD policies and procedures. (2) Inclusive of developing a structured training timeline with Incremental milestones for trainee progress/achievement (3) Inclusive of developing standard evaluation guidelines 160 hours Construct timelines and training benchmarks for Communication Training Officers (CTO) that fall in line with the policies and procedures of the SAPD. Inclusive of B. i. 160 hours The manual must be specific to the policies and procedures of the SAPD and updates shall be provided on an as needed basis. Updates are within the timeframe of the contract, not ongoing, and continuous 27 City Council 16 – 17 5/20/2025 II. Provide training for all Communications Training Officers (CTO) on an as needed basis throughout the duration of the Agreement. (1) Inclusive of the 40-hour CA POST Certification Course. (2) 4-hour in-person training specific to evaluations and documentation. TBD/mini mum 44 hours C. Police Services Dispatcher Staffing Services I. Assess the staffing structures, levels, and scheduling practices, including the use of overtime within the Communications Division for optimization. In addition, scheduling options should be provided to minimize the impact of overtime within the context of the current MOU. 160 hours II. Research and review applicable best practices, regulations, and state and industry standards related to staffing, overtime, call time standards, including the MOU’s between the City of Santa Ana and the Police Officers Association (POA). Inclusive C.i. 160 hours III. Analyze and determine optimal staffing and workload levels for the Communications Division personnel. Inclusive of staffing study to evaluate the recommended number of Full-Time Equivalent positions. 160 hours 28 City Council 16 – 18 5/20/2025 CONSULTING SERVICES A. Police Services Dispatcher Recruitment Services will include: a. Evaluating and enhancing SAPD’s current job posting for Police Services Dispatcher. b. Evaluate and enhance SAPD’s current hiring practices for Police Services Dispatchers. c. Evaluate and enhance SAPD’s current recruitment practices for Police Services Dispatchers. B. Police Services Dispatcher Training Services will include: a. Development of Communications Training Manual to include: b. Construct timelines and training benchmarks for Communication Training Officers (CTO) that fall in line with the policies and procedures of the SAPD. c. Manual must be specific to the policies and procedures of the SAPD, and updates shall be provided on an as needed basis. d. Provide training for all Communications Training Officers (CTO) on an as needed basis throughout the duration of the Agreement. C. Police Services Dispatcher Staffing Services will include: a. Assess the staffing structures, levels, and scheduling practices, including the use of overtime within the Communications Division for optimization. b. Research and review applicable best practices, regulations, and state and industry standards related to staffing, overtime, call time standards, including the MOU’s between the City of Santa Ana and the Police Officers Association (POA). c. Analyze and determine optimal staffing and workload levels for the Communications Division personnel. KEY ASSUMPTIONS Kim Turner, LLC makes the following key assumptions when preparing our competitive price proposal for the City of Santa Ana. ● Payable NET-30, billed monthly. ● Work requested outside the scope of work will be separately negotiated and billed at an hourly rate of $425.00. ● All travel and lodging for Kim Turner, LLC related to this project is inclusive of the quote for services and will be the sole responsibility of Kim Turner, LLC. 29 City Council 16 – 19 5/20/2025 Public Works Agency www.santa-ana.org/pw Item # 17 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report May 20, 2025 TOPIC: Purchase of Bus Stop Furniture AGENDA TITLE Purchase Order to Tolar Manufacturing Company for Bus Shelters and Related Amenities (Specification No. 25-063) (General Fund) RECOMMENDED ACTION Authorize a Purchase Order to Tolar Manufacturing Company for bus shelters and related amenities, in a total amount not to exceed $250,000. GOVERNMENT CODE §84308 APPLIES: Yes DISCUSSION There are a total of 647 bus stops in the City. Of these, 33 are unimproved (no amenities), 475 are improved with a bench and trash bin, and 172 are fully improved with a bus shelter and related amenities that include a bench and trash bin. Staff identified a number of shelters with amenities that have reached the end of their useful life and with damages beyond repair and need to be replaced. Many benches have already been removed as they were found to be unsafe and unrepairable. With the City having the highest volume of ridership counts in the County of Orange, it is important that the bus stop furniture is replaced and maintained to accommodate the needs of the community. The recommended purchase order (Exhibit 1) will procure new Santa Ana standard bus shelters and amenities to replace existing deteriorated ones, commonly known as the old green shelters. The new Santa Ana standard bus shelters have been in use since 2019 as a result of a grant funded project and feature a black finish, solar powered LED lights, and Santa Ana logos and lettering. Staff recommends replacement of 13 existing bus stop shelters and related benches and trash bins based on results from routine inspection and passenger boarding data (Exhibit 2). Santa Ana City Ordinance No. NS-3041 authorizes the City to make non-bid purchases of services, supplies, materials, and equipment whenever there is only one reasonably available source (Exhibit 3). Tolar Manufacturing Company was the manufacturer and supplier of the bus shelter and amenities procured as part of the grant funded project in 2019. The grant funded project allowed the City to procure a more modern and durable City Council 17 – 1 5/20/2025 Purchase of Bus Stop Furniture May 20, 2025 Page 2 5 0 3 5 bus shelter furnishings that were more easily maintained, did not require power, and were aesthetically pleasing to both passengers and the community at large. In order to ensure the City retains a consistent, high quality public realm theme, it is important that future bus shelter furniture conform to the new established standard. Staff researched available procurement options and product offerings in the market and determined that the bus shelters and related amenities offered by Tolar Manufacturing Company are the only ones that meet the Public Works Agency specifications (Exhibit 4). ENVIRONMENTAL IMPACT There is no environmental impact associated with the action. FISCAL IMPACT Funds for this purchase are budgeted and available in the following General Fund account: Fiscal Year Accounting Unit- Account # Fund Description Accounting Unit, Account Description Amount FY 24-25 01117017-62300 General Fund PWA-Service Enhancement, Contract Services - Professional $250,000 EXHIBIT(S) 1. Quote 2. Locations 3. Sole Source Letter 4. Specifications Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Alvaro Nuñez, City Manager City Council 17 – 2 5/20/2025 Quote No: Date: Quote Expires: 30 Days Sales Contact: Phone: Email: Project: Item:Qty:Unit Price:Ext. Price: 113 8,985.00$ 116,805.00$ 213 5,635.00$ 73,255.00$ 319 1,360.00$ 25,840.00$ 44 1,360.00$ 5,440.00$ 557 65.00$ 3,705.00$ 225,045.00$ -$ 1,800.00$ CA State Sales Tax 9.25% 20,983.16$ 247,828.16$ Pricing Notes: Print Name: Date: PO No: 2 @ $900 TOLAR Delivery: Signature: 1.Local/State sales and/or use taxes are not included and are the responsibility of the purchaser, unless specified above. 2.If requested, structural engineering calculations from a licensed engineer in the state of installation are additional cost of $1,500.00 per design/model. QUOTE APPROVED FOR PURCHASE: Total: 24 Weeks From receipt of signed written order, and all required approvals. Terms:Terms subject to change. Final terms to be determined based on credit history & bonding. Net 30 Days From Invoice Patrick Merrick FIRM Freight: 23381PMR1 951-547-8209 pmerrick@tolarmfg.com Sub-Total: ESTIMATED Freight: Description: 12' Tolar Signature Sunset Transit Advertising Shelter (37884-00) featuring: Sunset series extrusion, radius roof, 1/8" aluminum roof panels secured with gasketed pressure ribs, perforated aluminum branding element with location plaque (street names by others), City logo disc with logo (2) on the upstream end, flat back to back media display kiosk downstream with two side hinged display doors containing 3/16" clear tempered glass, durable baked powder coat finish color RAL 9004 Signal Black, adjustable leveling shoes with spun escutcheon shoe covers, stainless steel anchors and all installation hardware- illumination quoted below-benches and trash receptacles quoted separately- WITH REVISIONS DISCUSSED WITH STAFF ON 4/2 DRAWING APPROVAL REQUIRED PRIOR TO START OF FABRICATION Tolar USC RAD 170 featuring dusk to dawn solar powered LED illumination under the shelter roof, 8 hours of illumination in the media display kiosk (3390256), powder coat finish RAL 9004 Signal Black - SITE SURVEYS AND REVIEW OF LIGHTING PLOTS INCLUDED 6' Steel Strap Bench with back, city branding (Model 37824-111), two seat delineators, premium durable baked powder coat finish process with sandblast and pretreat process, zinc anchors with locking nuts (2) 32 Gallon steel strap trash receptacle with hard rubber liner, hinged and lockable door-lock by others, (Model 32915-111), premium, durable baked powder coat finish process with sandblast and pretreat process, zinc anchors with locking nuts (2) decals for street plaques (1124586) 04/04/25 Lead Time: 258 Mariah Circle Corona, CA 92879 (951) 808-0081 www.tolarmfg.com info@tolarmfg.com Customer: Marlene Alcaraz Right of Way Coordinator City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 Transit Shelters- Advertising -Revised Design Page 1 of 3 Initials: _____________ City Council 17 – 3 5/20/2025 Quote No: Date: Quote Expires: 30 Days Sales Contact: Phone: Email: Project: Item:Qty:Unit Price:Ext. Price: 24 Weeks From receipt of signed written order, and all required approvals. Terms:Terms subject to change. Final terms to be determined based on credit history & bonding. Net 30 Days From Invoice Patrick Merrick 23381PMR1 951-547-8209 pmerrick@tolarmfg.com Description: 04/04/25 Lead Time: 258 Mariah Circle Corona, CA 92879 (951) 808-0081 www.tolarmfg.com info@tolarmfg.com Customer: Marlene Alcaraz Right of Way Coordinator City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 Transit Shelters- Advertising -Revised Design Standard Terms and Conditions 5. Client provides unloading at destination, including forklift and labor as necessary. 2. Vendor Status: Tolar Manufacturing Company, Inc. is a vendor supplier of manufactured products; is not a subcontractor or contractor; and is not subject to retainage or liquidated damages for any reason. 5. Cancellation: If an order is cancelled by buyer after receipt of order authorization, and cancellation fee of 10% of order value may be assessed to the buyer, in addition to an the cost of materials purchased for the order, which may be invoiced to the buyer at time of cancellation. 6. Processing fee of 3% of total charge amount is additional and charged on all credit card payments. 1. Drawings and Specifications: All drawings and specifications submitted to our clients or potential clients are proprietary in nature and remain our property. They may be viewed, printed and distributed, without alteration, as reference for sales or for the process of specifying products for use. Detailed shop and erection drawings are provided to allow for field installation or repair. Sealed and stamped engineering calculations and drawings from an engineer licensed in the state of installation, if required, can be made available for an additional charge. Customers that provide their own drawing packages will retain ownership and be covered under a separate agreement. These Terms and Conditions are attached to and incorporated by reference into the Proposal for products or services (“Proposal”) provided by Tolar Manufacturing Company, Inc. (“we”, “our” or “us”). 3. Products are shipped knock down & unassembled in bulk packaging for unloading and installation by others. Hardware boxed by unit. Installation instructions are provided. 4. Freight cost is an ESTIMATE ONLY. Freight is invoiced at actual cost, without mark up, at time of shipment, unless specified above. 10. International Freight: We require the services of freight forwarder for all international shipments. Buyer may select the freight forwarder, subject to our approval. All fees, taxes and additional charges, in addition to the actual freight costs, are the responsibility of buyer. 3. Payment Terms: Payment terms for services rendered or products manufactured by us shall be determined by us based on our determination of the credit worthiness of buyer and may require a deposit at time of order. Products are invoiced as shipped. 11. Returns: Due to the custom nature of our products, we cannot accept returns and we cannot permit cancellations once work has commenced. 12. Manufacturer’s Warranty: Our manufacturer’s warranty is set forth in a separate document. 6. Delivery, Title and Receipt: Unless otherwise provided in the proposal, all shelters are prefabricated and shipped knock-down and in bulk format (not packaged individually) for ease of handling and fast on-site installation. Neither buyer nor consignee shall have the right to direct or re-consign the goods to any other destination without our consent. All sales of products are F.O.B. our plant. Risk of loss of the products shall transfer to buyer upon delivery of the products to the common carrier. 7. Delivery Charges: Unless otherwise provided in the Proposal, buyer shall bear all the costs of transportation, including without limitation loading, unloading, storage, and freight charge. All delivery quotes allow for an approximate 2-hour unload window for a full truck. If this window is exceeded, additional charges may apply. All price quotes given for delivery are based on estimates obtained at the time the quote was requested. Actual freight charges may vary. 8. Delivery Dates: Any delivery date(s) or period of delivery provided for in the Proposal is approximate and does not guarantee a particular date(s) or period of delivery. Estimated lead times are provided in the quote. Under no circumstances will we be liable for delay in delivery occasioned in whole or in part, by fire, flood, explosion, casualty, riot, strike, embargo, transportation delay, breakdown, accident, act of God or the public enemy, government authority, by our inability to secure materials, fuel, supply power or shipping space or any other circumstances beyond our reasonable control. 9. Delayed Shipment: If buyer delays shipment, we may invoice for products when ready for shipment and, at our option, we may charge reasonable daily storage fees. 4. Late Payment Penalty: Buyer agrees to pay a charge equal to the lesser of (i) the highest rate allowable by law or (ii) 1.5% per month (18% per annum) on the unpaid balance with respect to any late payments. In addition, buyer will pay all our costs and expenses, including actual attorney’s fees, incurred in connection with enforcing the Proposal and/or collecting any past due payments. In the event buyer fails to make any payment when due, we have the right of setoff, the right to terminate the Proposal and/or to suspend further deliveries to buyer and the right to recover damages in addition to any other remedies available to us as a matter of law. Buyer has no right to setoff. Page 2 of 3 Initials: _____________ City Council 17 – 4 5/20/2025 Quote No: Date: Quote Expires: 30 Days Sales Contact: Phone: Email: Project: Item:Qty:Unit Price:Ext. Price: 24 Weeks From receipt of signed written order, and all required approvals. Terms:Terms subject to change. Final terms to be determined based on credit history & bonding. Net 30 Days From Invoice Patrick Merrick 23381PMR1 951-547-8209 pmerrick@tolarmfg.com Description: 04/04/25 Lead Time: 258 Mariah Circle Corona, CA 92879 (951) 808-0081 www.tolarmfg.com info@tolarmfg.com Customer: Marlene Alcaraz Right of Way Coordinator City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 Transit Shelters- Advertising -Revised Design 15. Amendment: No amendments to these Terms and Conditions can be made unless submitted in writing to us and signed and accepted by our President or his designee. 13. Limitation of Liability: WE ARE NOT LIABLE TO BUYER OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES OF ANY KIND ARISING FROM OR RELATING TO OUR OBLIGATIONS UNDER THE PROPOSAL, INCLUDING LOST PROFITS, LOSS OR USE, LOSS OF REVENUE OR COST OF CAPITAL. EXCEPT FOR PERSONAL INJURY OR DEATH DUE TO OUR MISCONDUCT, BUYER AGREES THAT THE TOTAL DAMAGES THAT CAN BE AWARDED IN ANY CLAIM BY BUYER RELATING TO OUR OBLIGATIONS UNDER THE PROPOSAL (WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, SHALL NOT EXCEED THE TOTAL PAID BY BUYER TO US UNDER THE PROPOSAL. BUYER AGREES THAT THE ABOVE LIMITATIONS ON LIABILITY PROVISIONS SHALL REMAIN IN FULL FORCE AND EFFECT EVEN IF IT IS FOUND THAT BUYER’S EXCLUSIVE REMEDY FAILS OF ITS ESSENTIAL PURPOSE. 14. Governing Law, Jurisdiction and Venue: The Proposal shall be governed by and construed in accordance with the laws of the State of California without reference to the choice of law principles thereof. Each party irrevocably submits to the jurisdiction of the Courts of the State of California and the United States District Court for the Central District of California. Page 3 of 3 Initials: _____________ City Council 17 – 5 5/20/2025 EXIBIT 2 LOCATION OF PROPOSED BUS STOP IMPROVEMENTS 2024 Boardings Ward Council STREET of TRAVEL NB HARBOR BLVD WB WARNER AVE EB WARNER AVE WB EDINGER AVE EB EDINGER AVE WB WESTMINSTER AVE EB 17TH ST BUS STOP LOCATION FS MACARTHUR BLVD FS BRISTOL ST Existing Material Type Shelter Ex.Ex.Ex. Ad Ad Pannels Occupan Proposed Improvement Bench Trash 235,109 55,699 43,839 41,288 39,401 36,448 32,360 30,851 22,803 19,194 18,953 14,823 11,464 1 Single Single Single Single Single Single Single Single Single Single Single Single Single Old Green Old Green Old Green Old Green Old Green Old Green Old Green Old Green Old Green Old Green Old Green Old Green Old Green 1 1 1 1 1 1 1 1 1 1 1 1 1 2 1 1 1 2 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 50% 67% 33% 76% 97% 82% 82% 80% 76% 76% 76% 76% 75% Replace existing deteriorated shelter with new Replace existing deteriorated shelter with new Replace existing deteriorated shelter with new Replace existing deteriorated shelter with new Replace existing deteriorated shelter with new Replace existing deteriorated shelter with new Replace existing deteriorated shelter with new Replace existing deteriorated shelter with new Replace existing deteriorated shelter with new Replace existing deteriorated shelter with new Replace existing deteriorated shelter with new Replace existing deteriorated shelter with new 4/6 1 FS HARBOR BLVD FS STANDARD AVE FS BRISTOL ST 6 2/4/6 3/5 3 FS FAIRVIEW ST NS GRAND AVE 4 NB BRISTOL ST FS SEGERSTROM AVE FS HEMLOCK WAY FS BRISTOL ST 4 NB BRISTOL ST 4 EB MACARTHUR BLVD NB FAIRVIEW ST EB 1ST ST 1/2/4 2/6 1/4 NS EDINGER AVE NS MAPLE ST NB FAIRVIEW ST FS MACARTHUR BLVD Replace existing deteriorated shelter with new City Council 17 – 6 5/20/2025 TOLAR MANUFACTURING COMPANY INC. TRANSIT SHELTERS | STREET FURNITURE | DISPLAYS & DIRECTORIES | TRANSIT SOLAR LIGHTING 258 Mariah Circle, Corona, CA USA 92879-1751 | 800-339-6165 | 951-808-0081 | www.tolarmfg.com April 7, 2025 Marlene Alcaraz Right-Of-Way Coordinator City of Santa Ana 20 Civice Center Plaza Santa Ana, CA 92701 Project: City of Santa Ana Branded Shelters-Sole Source Dear Jason: The transit shelters (Tolar Models 35835-03/37884-00) and bench (37824-111) were designed and fabricated for the City of Carson in 2015/2016 by Tolar Manufacturing Company, Inc were fabricated based on designs that are our intellectual property and contain many custom metal and gasket extrusions that are unique to us. This includes our muti-channel horizontal extrusion and hidden hinge kiosk extrusion. The shelter also contains City of Santa Ana specific branding. The bench within the shelter and throughout the City contains Santa Ana specific branding. In addition, the solar-powered illumination system was designed exclusively for the project in concert with the engineers at our vendor partner, Urban Solar Corporation. Based on the shelters described above, our outside professional engineer performed the stamped and steeled structural calculations. The project we recently quoted will be fabricated to the same specifications by our AWS welders and under the direction of our rigid quality control processes. This allows the City of Santa Ana staff or their assignee to deal with one kit of replacement parts, one type of solar power unit, and one method of repair. Don't hesitate to contact me if you have any questions regarding this information. Sincerely, Patrick Merrick Executive Vice-President Patrick Merrick Digitally signed by Patrick Merrick Date: 2025.04.07 13:05:40 -07'00' City Council 17 – 7 5/20/2025 City Council 17 – 8 5/20/2025 Public Works Agency www.santa-ana.org/pw Item # City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report May 20, 2025 TOPIC: Agreement for First Street Multimodal Boulevard Study AGENDA TITLE Agreement with HDR Engineering, Inc. to Conduct the First Street Multimodal Boulevard Study (Non-General Fund) RECOMMENDED ACTION Authorize the City Manager to execute an agreement with HDR Engineering Inc. to provide traffic engineering and transportation planning services for the First Street Multimodal Boulevard Study in the amount of $3,870,000, for a term beginning May 21, 2025 and ending on May 20, 2027, with the option for two, one-year extensions (Agreement No. A-2025-XXX). GOVERNMENT CODE §84308 APPLIES: Yes DISCUSSION The Public Works Agency’s (PWA) Engineering Division is responsible for the administration and oversight of all Capital Improvement Projects in the City. Per the approved General Plan, First Street between Bristol Street and Tustin Avenue is envisioned as a multimodal corridor through a series of safety and infrastructure improvements and enhancements. These improvements will benefit all users of First Street, including travelers who utilize Orange County Transportation Authority’s (OCTA) Route 64, identified as one of the highest ridership bus routes in Orange County. On April 12, 2023, OCTA submitted an application to the Southern California Association of Governments (SCAG) for Regional Early Action Planning (REAP 2.0) grant funding on behalf of the City to accelerate progress towards state housing goals and climate commitments through strengthened partnerships between the state, its regions, and local entities. REAP 2.0 seeks to accelerate infill housing developments, reduce vehicle miles traveled, increase housing supply at all affordability levels, affirmatively further fair housing, and facilitate the implementation of adopted regional and local plans to achieve these goals. On July 6, 2023, SCAG awarded OCTA REAP 2.0 grant funds for planning, outreach, transit, active transportation, and transit signal priority projects, which included funding for the First Street Boulevard Multimodal Study. The study will examine options to City Council 18 – 1 5/20/2025 First Street Multimodal Boulevard Study May 20, 2025 Page 2 5 0 2 2 enhance transportation along First Street by assessing the feasibility of various infrastructure improvements through extensive community outreach, field data analyses, modeling, design, and environmental clearance with the intent of identifying and designing a locally preferred alternative. The study will evaluate multimodal improvements that promote the safety and transportation goals included in the City’s recently adopted General Plan Mobility Element Update. On February 18, 2025, City Council recognized the REAP funding in the amount of $4,300,000 into the FY 2024-25 CIP and approved cooperative agreement between the OCTA and the City of Santa Ana (Cooperative Agreement No. C-4-2053). This funding will be utilized to cover the entirety of the recommended consultant agreement as well as city staff time spent on the project, resulting in a net savings to the General Fund. Request for Proposals (RFP) No. 25-029 was issued on February 25, 2025 on the City’s online bid management and publication system, PlanetBids. A summary of vendor participation and results is as follows: 832 Vendors notified 7 Santa Ana vendors notified 60 Vendors downloaded the RFP packet 5 Proposals received 1 Proposal received from Santa Ana vendor Proposals were solicited, opened on March 25, 2025, and evaluated. A total of five consultants submitted proposals. All proposals were reviewed by an evaluation committee consisting of City of Santa Ana and OCTA staff and were rated based on experience, qualifications, project understanding, schedule, past performance, and references. The top three rated proposals were invited to interview on April 15, 2025. Based on the scoring criteria outlined in the RFP, the following summarizes the ranking of all responding firms: Firm City Ranking HDR Engineering, Inc.Irvine, CA 1 Mark Thomas Irvine, CA 2 Arcadis U.S., Inc.Irvine CA 3 Kimley-Horn Orange, CA 4 AYCE Santa Ana, CA 5 Based on the proposal and interview evaluations, staff recommends awarding the agreement to HDR Engineering, Inc. (HDR) to conduct the First Street Multimodal Boulevard Study (Exhibit 1). HDR Engineering, Inc. is a global architecture, engineering, environmental, and construction firm with over 150 transportation engineering and planning staff in Southern California. In accordance with the RFP criteria, HDR demonstrated a depth of experience working with similar-sized California public agencies on multimodal corridor studies and design projects and put together a very City Council 18 – 2 5/20/2025 First Street Multimodal Boulevard Study May 20, 2025 Page 3 5 0 2 2 strong team of professionals well-versed in a multitude of disciplines required by the project. HDR demonstrated the ability to allocate the necessary resources to complete the project within a 12-month compressed timeline allotted by the grant funding source. Furthermore, HDR brings over 30 years of experience as having staff with registered Professional Engineers and Traffic Engineers delivering over 20 multimodal projects, most of which were grant funded and located along commercial corridors similar to First Street. The HDR team was determined to be the most qualified to help the City transform and revitalize the First Street corridor in alignment with the goals and objectives set forth in the approved General Plan Mobility Element and is demonstrated in their proposal (Exhibit 2). The HDR team incorporates four subconsultants with substantial experience working with the City of Santa, OCTA, and other local agencies in Orange County. The subconsultants and respective roles include: •Cityworks Design: San Marino, CA – Multimodal Concept Development •Costin Public Outreach Group: Huntington Beach, CA – Stakeholder/Community Outreach/Engagement •Estolano Advisors: Los Angeles, CA – Transit-Orientated Development/Land Use Planning/Equity •GUIDA: Irvine, CA – Surveying/Mapping As part of the study’s outreach efforts, staff will work closely with City Council through various meetings to ensure the recommendations are in alignment with Council’s goals and vision for the corridor. Staff will return to Council to seek approval of the Recommended Action (Locally Preferred Alternative) in December of 2025, prior to advancing to the final engineering plan production phase. Completion of this study will position the City to seek grant funds to potentially carry out and construct the infrastructure improvements in future years as approved by City Council. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funds are available for expenditure in Fiscal Year 2024-2025. Any remaining balances not expended at the end of the fiscal year will be presented to City Council for approval to carry forward to Fiscal Year 2025-2026. Fiscal Year Accounting Unit- Account No. Fund Description Accounting Unit, Account Description Amount 2024- 25 14717613-66220 (25-6042) Street Safety Programs Regional Early Action Planning Grant, Improvements Other Than Buildings $3,870,000 Total $3,870,000 City Council 18 – 3 5/20/2025 First Street Multimodal Boulevard Study May 20, 2025 Page 4 5 0 2 2 EXHIBIT(S) 1. Agreement with HDR Engineering, Inc. 2. HDR Engineering, Inc. Proposal Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Alvaro Nuñez, City Manager City Council 18 – 4 5/20/2025 Page 1 of 9 CONSULTANT AGREEMENT CITY OF SANTA ANA THIS AGREEMENT is made and entered into on this 20th day of May, 2025 by and between HDR Engineering, Inc., (“Consultant”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”). RECITALS A.On February 25, 2025, the City issued Request for Proposals (“RFP”) No. 25-029, by which it sought a Consultant to perform traffic engineering and transportation planning services for the First Street Multimodal Boulevard Study. B.Consultant submitted a responsive proposal that was selected by the City. Consultant represents that it is able and willing to provide the services described in the scope of work that was included in RFP 25-029. C.In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1.SCOPE OF SERVICES Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in in the scope of work that was included in RFP 25-029, which is attached as Exhibit A and incorporated in full. 2.COMPENSATION a.City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in Exhibit B, attached hereto. The total amount to be expended during the term of this Agreement shall not exceed Three Million, Eight Hundred Seventy Thousand Dollars ($3,870,000), 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 Consultant agree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH) transfers. Consultant agrees to execute the City’s standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Consultant’s account(s) with financial institutio ns. EXHIBIT 1 City Council 18 – 5 5/20/2025 Page 2 of 9 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 two (2) year term with the option for the City to grant up to two, one (1)-year renewals, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent Consultant and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents & Data”). Consultant shall require all subcontractors to agree in writing that City is granted a non -exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall 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 Consultant. City Council 18 – 6 5/20/2025 Page 3 of 9 MINIMUM SCOPE AND LIMIT OF INSURANCE 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence and $4,000,000 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. In the event Consultant does not maintain commercial automobile liability insurance, City will accept evidence of personal automobile insurance. 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. Coverage is not required if Consultant has no employees and signs request to waive such insurance. 4. Professional Liability Insurance: with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 aggregate. If Consultant maintains broader coverage and/or higher limits than the minimum requirements for each line of coverage shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City. Other Insurance Provisions The above required insurance policies are to contain or be endorsed to contain the following provisions: 1. City, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds, under Consultant’s CGL, Professional Liability, and Automobile Liability policies, with respect to any liability arising out of work or operations performed by or on behalf of the Instructor including materials, parts, equipment, and personnel furnished in connection with such work or operations. 2. Consultant’s Insurance company(ies) agrees to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from work performed by Consultant under this Agreement. 3. For any claims related to this contract, Consultant’s insurance coverage shall be primary and any insurance maintained by City, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it. 4. A severability of interest provision must apply for all the additional insu reds, ensuring that Consultant’s insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer’s limits of liability. 5. 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 City Council 18 – 7 5/20/2025 Page 4 of 9 written notice shall be provided to Cit y 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, Public Works Agency, 20 Civic Center Plaza, M-43, 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 Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the State of California with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to City. Verification of Coverage Consultant shall furnish City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive Consultant’s obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Special Risks or Circumstances City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 7. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable City Council 18 – 8 5/20/2025 Page 5 of 9 decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States’ letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 9. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 10. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. “Confidential Information” shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this City Council 18 – 9 5/20/2025 Page 6 of 9 Agreement. 12. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City’s ability to have any of the services which are the subject to this Agreement performed by City personnel or by other contractors retained by City. 15. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance City Council 18 – 10 5/20/2025 Page 7 of 9 specified in the Recitals of this Agreement. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 18. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 19. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered i n 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, Public Works Agency City of Santa Ana City Council 18 – 11 5/20/2025 Page 8 of 9 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, California 92702 To Consultant: A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney’s fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. Thomas T. Kim Senior Vice President HDR Engineering, Inc. 3220 El Camino Real, Suite 200 Irvine, CA, 92602 Fax: 949-403-8234 City Council 18 – 12 5/20/2025 Page 9 of 9 (title) Tax ID# 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 CONSULTANT: City Attorney By: Kyle Nellesen Assistant City Attorney RECOMMENDED FOR APPROVAL: Nabil Saba Executive Director Public Works Agency Thomas T. Kim Senior Vice President Nabil Saba Digitally signed by Nabil Saba Date: 2025.05.05 17:00:54 -07'00' City Council 18 – 13 5/20/2025 EXHIBIT A City Council 18 – 14 5/20/2025 CITY OF SANTA ANA SCOPE OF WORK FIRST STREET MULTIMODAL BOULEVARD STUDY PROJECT INTRODUCTION The City of Santa Ana is one of the larg est and most densely populated cities in Orange County. Santa Ana has a population of over 310,000 and serves as the county seat. With many large industries and firms, Santa Ana is also a family-friendly city, with rich culture on display in the city’s museums and many tourist attractions. The City of Santa Ana is centrally located in the heart or Orange County and is bounded by Interstate-5 to the north, Interstate-405 to the south and State Route-55 to the east. The City has over 100 miles of roadway including 15 major arterials that move over 500,000 vehicles per day. The City of Santa Ana is planning and delivering infrastructure improvements to its roadway network to prioritize active transportation and transit use. As per the approved General Plan Mobility Element, First Street between Bristol Street and Tustin Avenue is envisioned to go from a 6-lane roadway to a 4-lane roadway to make space for bicycle infrastructure and enhanced pedestrian sidewalks within the City’s right-of-way. These potential improvements will benefit the Santa Ana residents who utilize the Orange County Transportation Authority’s (OCTA’s) OC Bus Route 64, one of the highest ridership bus routes in Orange County with nearly 50 stops in Santa Ana alone. OCTA, in cooperation with the City of Santa Ana, submitted an application to Southern California Association of Governments (SCAG) for Regional Early Action Planning (REAP 2.0) grant funding which seeks to accelerate progress towards state housing goals and climate commitments through strengthened partnerships between the state, its regions, and local entities. REAP 2.0 seeks to accelerate infill housing developments, reduce Vehicle Miles Traveled, increase housing supply at all affordability levels, affirmatively further fair housing, and facilitate the implementation of adopted regional and local plans to achieve these goals. SCAG awarded OCTA REAP 2.0 grant funds for planning, outreach, transit, active transportation, and transit signal priority projects, which included funding for the proposed project, the First Street Boulevard Multimodal Study. The First Street Multimodal Boulevard Study will look at options to enhance transportation along First Street by assessing the feasibility of various infrastructure improvements through robust community outreach efforts, field data analyses, modeling, design, and environmental clearance. The study will evaluate pedestrian, bicycle, and transit improvements that promote the safety and transportation goals included in the City’s General Plan Mobility Element update. The Santa Ana Transit Cooperative Study, developed by OCTA in partnership with the City of Santa Ana, evaluated the likely impacts that the proposed roadway modifications on First Street could have on bus service and identified transit-related improvements to reduce, eliminate, or even reverse those impacts. This project will determine the feasibility of those improvements identified in that study, as well as other potential bicycle and pedestrian improvements. EXHIBIT I SCOPE OF SERVICES City Council 18 – 15 5/20/2025 CITY OF SANTA ANA 2 PROJECT DESCRIPTION AND BACKGROUND The First Street Multimodal Boulevard project aims to transform and improve the First Street corridor for all modes of transportation, including bus, bicycles, and pedestrians with enhanced access to businesses, residential neighborhoods, educational facilities, and other key destinations. The project area includes 16 signalized intersections, owned and operated by City of Santa Ana, along the nearly 3- mile section of First Street from Bristol Street to Tustin Avenue. The intersections are listed in Table 1 below: Table 1: Project Intersection No. Intersection No. Intersection 1 First Street and Bristol Street 9 First Street and Standard Avenue 2 First Street and Flower Street 10 First Street and Grand Avenue 3 First Street and Ross Street 11 First Street and Lyon Street 4 First Street and Broadway Street 12 First Street and Elk Ln I-5 NB 5 First Street and Sycamore Street 13 First Street and I-5 SB on ramp 6 First Street and Main Street 14 First Street and Cabrillo Park Drive 7 First Street and Bush Street 15 First Street and Golden Circle 8 First Street and Downtown Plaza 16 First Street and Tustin Avenue First Street is currently a 6-lane roadway divided by a raised median with left turn pockets. Per the Mobility Element of City’s General Plan (updated April 2022), First Street between Bristol Street and Tustin Avenue will be reclassified from a major (6-lane, divided) arterial to a primary (4-lane, divided) arterial. The buildout cross-section exists today for most of the corridor, with the exception of a constrained rail undercrossing between Standard Avenue and Grand Avenue. The General Plan update envisions the repurposing of the outer curbside lanes to serve active transportation and transit uses, reducing vehicle capacity between Bristol Street and Tustin Avenue (approximately three miles). OCTA’s Route 64 bus line runs from Huntington Beach to Tustin primarily along Bolsa Avenue and First Street. Route 64Xpress (Route 64x), a limited stop service along the same route, was suspended during the pandemic. Routes 64 and 64x generally operate at 30-minute intervals. At Route 64Xpress stops, the combined frequency is every 15-minutes. The route consists of approximately 90 stops covering both directions with over half of them in Santa Ana. City Council 18 – 16 5/20/2025 CITY OF SANTA ANA 3 As shown in Figure 1, the study area consists of a nearly 3-mile long stretch of First Street between Bristol Street and Tustin Avenue. Figure 1: Project Area and Intersections SCOPE OF WORK The proposed First Street Multimodal Boulevard Study will complete a feasibility study, finalize the environmental phase, and develop plans, specifications, and estimates (PS&E) to prepare OCTA, the City of Santa Ana, and Tustin for construction. The project will evaluate and simulate potential improvements to address the multimodal goals for the corridor. OC Bus route 64, which serves this segment of First Street, is heavily utilized by transit riders. The Santa Ana Transit Cooperative Study (Attachement A) has outlined recommended transit improvements, and this project will assess their feasibility, along with other potential enhancements, including active transportation improvements. The Study serves as a valuable foundation for this effort. Upon completion of the simulation and evaluation of potential multimodal solutions, this project will produce a detailed PS&E package, which can be used to secure construction funding. This initiative aims to improve transit services for populations dependent on buses and similar modes of transportat ion. According to CalEnviroScreen 4.0, residents in the First Street area face some of the highest poverty levels in the city. Improved transit access will enhance mobility to key amenities such as education, job centers, and markets. Additionally, the project will improve efficiency for transit-dependent workers, including those with non-traditional work schedules or peak commuting hours. The proposed improvements will also benefit disadvantaged populations by reducing greenhouse gas emissions. This Scope of Work describes work elements necessary for the various tasks related to the First Street Multimodal Boulevard project. This project will be led by the City of Santa Ana through a cooperative agreement with OCTA. The major project components of this scope of work include the following elements to be completed: Assessment of Existing Conditions • Comprehensive multimodal data collection, and field reviews • Conflict/safety analysis • Develop key performance indicators to baseline existing conditions • Identification of existing bottlenecks, delays, and limitations for multimodal operations via City Council 18 – 17 5/20/2025 CITY OF SANTA ANA 4 microsimulation Outreach and Engagement • Conduct targeted stakeholder meetings • Conduct multilingual social media campaign, website, and surveys • Host community workshops and attend community events Conceptual Planning • Identify constraints, opportunities, benefits, and risks; Develop corridor alternatives • Prepare concept-level, programmatic cost estimates, including PS&E • Provide an evaluation framework based on various performance indicators, conduct an Alternatives Analysis, and recommend a locally preferred alternative • Assess risks, assign probabilities, and develop contingency plans • Identify funding sources and potential grant opportunities • Develop an Implementation Strategy • Identify and prepare appropriate CEQA documentation for environmental clearance for the locally preferred alternative Plan Production and Approval • Draft Plan (PS&E package for 30%, 60%, and 90%) • Draft Final Plan • Final Plan, including a memorandum summarizing the funding needs for construction • Resolution I. Task 1: Project Management This task focuses on the management of the project to ensure that the project meets funding expenditure, milestone, and reporting deadlines. Subtask 1.1: Administration and Project Management This sub-task includes the requirements for schedules, cost control, progress reports, invoicing, and administration of all consultant work. Project Management Plan: The consultant shall provide a comprehensive plan for project managem ent to communicate the scope of work, constraints, and technical requirements to all project participants. The plan shall include coordination strategies with project stakeholders to ensure timely completion of project. The plan shall also include an organization chart with description of participant responsibilities, a baseline schedule prepared using the Critical Path Method, and work breakdown structure that identifies the duration and completion of key project activities milestones. The budgeted hours and resource allocation for each task and subtask shall also be defined. The consultant shall submit a copy of the Project Management Plan (PMP) for this Project within thirty (30) calendar days of contract execution. Elements of the PMP shall include: City Council 18 – 18 5/20/2025 CITY OF SANTA ANA 5 • Project description and map indicating project area • Project schedule for project tasks and technical studies including project milestones and delivery and review of intermediate project deliverables • Project organization with names of key staff/sub-consultants and their responsibilities • Key staff directory • Project controls including schedule and budget • Document management procedures including electronic document filing index • Applicable standards • Applicable computer software • Communications procedures • Quality management procedures • Risk Management procedures including a risk register The draft PMP shall be provided to the City of Santa Ana Project Manager for review and input. At the discretion of the City of Santa Ana Project Manager, it may be distributed to project participants at the start of the project. If distributed to project participants, a kick-off meeting shall be held to review the plan requirements within thirty (30) calendar days of contract execution. Monthly Progress Status Reports and Schedule Updates: The consultant shall prepare and submit an initial Project Master Schedule following contract execution. Upon approval by City of Santa Ana, the schedule will become the Project Baseline Schedule. The following elements must be included by consultant in the Baseline Schedule: • Work items and deliverables identified in accordance with a Work Breakdown Structure (WBS), reflecting the requirements of this scope of work developed by consultant and approved by City of Santa Ana. • Work items of third parties that may affect or be affected by consultant’s activities and develop proposed solution. • The Project Master Schedule shall include all data necessary to represent the total project and the critical path shall be clearly identified. • The order, sequence and interdependence of significant work items shall be reflected in the Project Master Schedule. The consultant shall prepare and submit monthly progress reports to the City of Santa Ana’s Project Manager, including updates on key milestones, Project schedule, identification of issues, and percent complete detail for each task worked on during the reporting period. The Project progress and schedule updates shall be reported as Earned Value (percent complete) against the Baseline Schedule. The report will also describe anticipated activities to be undertaken in the next reporting period, and any new or changed, challenges or risks that may affect schedule, scope, and budget. Subtask 1.2: Kick-Off and Project Development Team Meetings A Project Kick-Off Meeting shall be scheduled with City of Santa Ana immediately following the contract execution. The meeting will include administrative items, such as progress reports and invoicing requirements, and Project critical path. The consultant shall prepare the agenda and notes following the meeting. The project team members will include City of Santa Ana’s Project Manager, OCTA staff and key project stakeholders that will help guide the direction of the study. The consultant shall schedule, coordinate, and attend monthly project development team meetings throughout the duration of the project. The consultant shall prepare meeting materials on project related issues discussed, including agendas, power point City Council 18 – 19 5/20/2025 CITY OF SANTA ANA 6 presentations, handouts, progress plans, meeting notes and notations for specific or directed follow-up action items. Subtask 1.3: Agency Project Oversight In addition to regular monthly project development team meetings, the consultant shall schedule and attend as needed project-specific coordination meetings (estimate minimum of 10 meetings). Coordination meetings/technical workshops with stakeholders shall be held to discuss issues pertinent to the analysis, configuration, and effects of the project. During these meetings, City of Santa Ana, OCTA, and other key stakeholders may provide direction for the project. The consultant shall prepare meeting materials on technical issues for discussion, including agendas, power point presentations, handouts, progress plans, meeting minutes and notations for specific or directed follow-up action items. The printed format of meeting materials shall be appropriate to the purpose of the meeting and could include scaled black and with and/or color roll plots, 11” x 17” and/or 8.5” x 11” handouts and/or presentation boards. Subtask 1.4: REAP Reporting This sub-task includes the development of plan and reporting documents required to adhere to the grant funding guidelines (REAP 2.0) for the project. REAP Goals and Outcomes: The consultant shall work with City of Santa Ana and OCTA staff to develop a methodology to report on how the project works towards REAP 2.0 goals. This methodology shall be presented to OCTA for approval. Once approved, the consultant shall assist City of Santa Ana in monitoring the project through each task to ensure it continues to meet the goals and assist City of Santa Ana staff in addressing any reporting questions and concerns. Task 1 – Deliverables (One hard copy and an electronic version of each): - Monthly invoices and Progress Reports - Project Management Plan - Kick-Off Meeting agenda and notes - PDT meeting materials, agendas, and notes - Coordination meeting/technical workshop materials, agendas, and notes - REAP grant reporting methodology and plans II. Task 2: Existing Analysis and Assessment This task includes the data collection effort necessary to develop a thorough understanding of all the Project corridor needs and challenges. Subtask 2.1: Existing Conditions This sub-task includes gathering existing condition information that includes current mode share, description of land use and destinations, existing bicycle and pedestrian counts, existing wayfinding, existing lane configurations/signal timing, collisions (including near misses), traffic volumes by vehicle type, posted speed limits, street lighting and existing non-infrastructure programs. The consultant shall work with the City of Santa Ana to identify and obtain any existing sources of data for purposes of identifying gaps in data. Existing conditions should also include a field survey to observe any conditions not reflected in traditional data. City Council 18 – 20 5/20/2025 CITY OF SANTA ANA 7 Subtask 2.2: Existing Multimodal Facilities Map This sub-task will develop a map of existing pedestrian facilities and existing bicycle facilities within and adjacent to the corridor, including (but not limited to) proximity and access to transit, schools, downtown, community facilities, and shopping centers. Subtask 2.3: Existing Corridor Model This sub-task will create a microsimulation model, to evaluate performance metric outputs under two scenarios: the existing lane configuration (6 lanes) and the proposed lane configuration (4 lanes). The model should be calibrated based on data collected as part of Task 2.1, including adjustment factors for driver behavior. Outputs should include, but not be limited to, travel times, speeds, queue lengths, lane occupancy, and delays. Consultant shall conduct a video-based conflict analysis to determine the type of and quantity of near misses involving all roadway users along key intersections on the corridor during typical conditions. The purpose of the conflict analysis is to augment traditional safety analysis with detailed information on interactions between various road users at a particular location, including measurements of near-misses, red light running, speeding, and other high-risk behaviors. Subtask 2.4: Equity This sub-task will identify census tracts that are considered to be disadvantaged or low-income and identify the corresponding transit, bicycle and pedestrian needs. The free and reduced-price meal program eligibility or healthy places index may be used to supplement census tract information. Health statistics along the corridor, such as chronic disease, mental health, life expectancy, infant mortality, environmental risk, will be identified as well. Task 2 – Deliverables (One hard copy and an electronic version of each): - Existing Conditions Technical Memorandum - Existing Bicycle and Pedestrian Facilities Map - Existing Microsimulation Model and Video-Based Conflict Technical Memorandum - Equity Analysis Technical Memorandum III. Task 3: Outreach and Engagement Subtask 3.1: Targeted Stakeholder Meetings Consultant shall coordinate with the City of Santa Ana to form a stakeholder group that will provide appropriate feedback from the community along and around the corridor. It is anticipated that the stakeholder group will include but not be limited to local neighborhood associations, business associations, schools, local non-profits including Latino Health Access and Santa Ana Active Streets, Orange County Health Care Agency, elected officials, emergency services, etc. Stakeholder meetings should be scheduled quarterly for the duration of the project. Consultant is responsible for setting meeting agenda and minutes. In addition to the quarterly stakeholder meetings, the consultant shall host a minimum of one meeting with each of the six (6) wards within the City of Santa Ana, as well as at least one meeting with each of the abutting neighborhoods (total of 8 communities). Consultant will be responsible for meeting logistics, agendas, and minutes. The consultant will also be responsible for attending and presenting the alternatives to City Council for their considertation and input in December 2025. City Council 18 – 21 5/20/2025 CITY OF SANTA ANA 8 Subtask 3.2: Website, Social Media, and Surveys Consultant shall create, maintain, and update a project website and social media page for plan announcements and documents to be posted throughout the duration of the project. The website will include an explanation of the project, key schedule milestones, and provide a means for online feedback. Consultant is responsible creating a digital outreach, advertisement, and engagement campaign that will include project fact sheets, online surveys, social media posts and e-newsletters. The online survey should be conducted before conceptual planning stage. All media should be available in English, Spanish and Vietnamese. Subtask 3.3: Community Workshops Consultant will facilitate community workshop meetings, to be held at during key phases of the project. Consultant will coordinate with the City of Santa to identify appropriate locations within the city to host community workshops. The first round of workshops will include community engagement to receive community input related to pedestrian and bicycle traffic safety concerns, transit concerns, and general mobility challenges. The second round of community workshops will seek community input during the development of the alternatives. The third and final round will present the alternatives and obtain critical feedback prior to selecting the locally preferred alternative. All community meetings should include a Spanish translator. Subtask 3.4: Community Events As part of the outreach and engagement strategy, the consultant shall coordinate with the City of Santa Ana and other key stakeholders to identify a list of up to ten (10) different community events to attend to gather public input. Events could include “pop-up” events at local family and cultural events, health fairs, farmers markets, and swap meets with built in foot traffic. Local school events, such as open houses and PTA meetings, should be leveraged to conduct listening sessions for parents, caretakers, staff, and students. Other events will include community ride-along on built portions, demonstration activities, or other interactive feedback mechanisms. A public comment database shall be created and maintained throughout the duration of the project. Task 3 – Deliverables (One hard copy and an electronic version of each): - Stakeholder Group Meetings, Agendas and Minutes (quarterly) - Ward and Abutting Neighborhood Meetings, Agendas and Minutes (minimum of 14 total meetings) - Attendance and Presentation of Alternatives to City Council (December 2025) - Online Social Media Campaign, including Website, Advertisements, and Surveys - Community Workshops, Agendas and Minutes - Attendance and Presentation at Community Events IV. Task 4: Conceptual Planning Subtask 4.1: Identify Constraints and Opportunities Consultant shall develop an opportunities and constraints matrix, beginning with opportunities and constraints that can easily be addressed with simple improvements (“low hanging fruit”). The analysis should consider institutional constraints on reasonability, including OCTA's Master Plan of Arterial City Council 18 – 22 5/20/2025 CITY OF SANTA ANA 9 Highways (MPAH) and the City of Santa Ana’s Mobility Element update. Consultant will develop Impact Avoidance and Minimization strategies, review disadvantaged community and geographical sharing of benefits and risks, identify right of way constraints, traffic operational constraints, Caltrans' right of way requirements and constraints, transit operation constraints, and potential for community and elected official support. Subtask 4.2: Proposed Alternatives Development Based on community and stakeholder input, the consultant will develop three (3) corridor alternatives with conceptual plans of the proposed pedestrian, bicycle, and transit facilities and treatments. The development of alternatives will also include a technical memorandum with a description of estimated mode shift from identified projects and programs, along with corresponding narrative and considerations for each alternative. Subtask 4.3: Programmatic Cost Estimates The consultant shall prepare concept-level order of magnitude cost estimates, including PS&E, right of way acquisition, tenant eviction costs, major utility relocation, construction engineering, and closeout. Subtask 4.4: Alternatives Evaluation and Feasibility Study The consultant shall develop a methodology for project evaluation and conduct an alternatives analysis, including any microsimulation alternatives available through the simulation tool. Alternatives may be screened based on pedestrian and bicyclist comfort level, transit impacts, level of service, travel time, cost, community support, traffic safety, right of impacts, etc. A cost estimate all for all alternatives should be provided. Using an established criteria and ranking system, the consultant shall recommend a locally preferred alternative. Subtask 4.5: Risk Register The consultant shall develop a risk register that enumerates risks, assigns a probability for each risk, and strategies to mitigate those risks. The risk register should include potential contingency plans to keep project construction on schedule. Subtask 4.6: Identify Financial Needs Based on concept-level programmatic costs estimates developed in task 4.3, the consultant will determine the financial needs for future projects and programs by listing anticipated cost and potential funding sources, including grant funding opportunities. Subtask 4.7: Create an Implementation Strategy The consultant shall create an Implementation Strategy that documents and details the steps necessary to implement the plan, as well as describing the reporting process that will be used to keep the adopting agency and community informed of the progress being made in implementing the plan. The Implementation Strategy should include, but not be limited to, the determination of a pilot project before full project implementation, the need for additional or future outreach, funding opportunities (from task 4.6), required coordination with other agencies (cost sharing, agreements, Memorandums of Understanding), CEQA needs, maintenance considerations, project update method, and a proposed timeline for implementation. City Council 18 – 23 5/20/2025 CITY OF SANTA ANA 10 Subtask 4.8: Environmental Clearance The consultant will identify and prepare the appropriate level of CEQA documentation to environmentally clear the locally preferred alternative. Task 4 – Deliverables (One hard copy and an electronic version of each): - Constraints and Opportunities Matrix and Technical Memorandum - Alternative Conceptual Layouts and Alternatives Summary Technical Memorandum - Programmatic Cost Estimates - Alternatives Evaluation and Feasibility Technical Memorandum - Master Project Risk Register - Funding Strategies Technical Memorandum - Implementation Strategy and Schedule Technical Memorandum - CEQA Documentation V. Task 5: Plan Production and Approval Subtask 5.1: Draft Plan The consultant shall prepare draft plan (PS&E package for 30%, 60%, and 90% design) for review and comment for the locally approved alternative. Subtask 5.2: Draft Final Plan The consultant shall prepare a Draft Final Plan that incorporates the comments received in Subtask 5.1. The Draft Final Plan will be subject to a final round of review and comment by the City of Santa Ana, OCTA, and other identified stakeholders. Subtask 5.3: Final Plan The consultant shall prepare final PS&E package (Final Plan), incorporating the comments and revisions from Subtask 5.2. The Final Plan is expected to include a write-up and description of the funding needs for the subsequent construction phase. Task 5 – Deliverables (One hard copy and an electronic version of each): - Draft PS&E Package (30%, 60%, and 90%) - Draft Final PS&E Package - Final PS&E Package and Construction Funding Needs Summary - Presentation VI. Task 6: Contingency Consultant shall allocate a 10% Project Management contingency for miscellaneous project-related issues. VII. Attachments A. Attachment A - Santa Ana Cooperative Transit Study. City Council 18 – 24 5/20/2025 CITY OF SANTA ANA 11 Tentative Project Schedule and Milestones Task Starting Date Ending Date Kickoff Meeting & Notice To Proceed May 2025 May 2025 Existing Analysis and Assessment May 2025 July 2025 Outreach and Planning June 2025 November 2025 Conceptual Planning July 2025 December 2025 Plan Production and Approval January 2026 May 2026 City Council 18 – 25 5/20/2025 EXHIBIT B Page 11 of 9 #19793v13 City Council 18 – 26 5/20/2025 CITY OF SANTA ANA Certification - I certify that I have read, understand and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Services (Exhibit I) and am qualified to provide services being requested as specified herein. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal. PROPOSER’S STATEMENT: I have read, understood and agree to the terms and conditions on all pages of the Request for Proposals. Upon request, I will transfer and deliver goods or services to the City in accordance with said terms and conditions. Project Tasks Total Cost Task 1: Project Management $349,600 Task 2: Existing Analysis and Assessment $603,604 Task 3: Outreach and Engagement $596,785 Task 4: Conceptual Planning $536,280 Task 5: Plan Production and Approval $1,783,730 Total Project Cost: $3,869,999 HDR Engineering, Inc. 714-730-2300 714-730-2301 LEGAL NAME OF COMPANY PHONE AND FAX NUMBERS 3220 EL CAMINO REAL, ST 200, IRVINE, CA 92602 BUSINESS ADDRESS THOMAS T. KIM, PE SR. VICE PRESIDENT PRINTED NAME OF AUTHORIZED AGENT TITLE 4/17/2025 tom.kim@hdrinc.com SIGNATURE OF AUTHORIZED AGENT DATE E-MAIL ADDRESS 385280 CITY OF SANTA ANA BUSINESS LICENSE NUMBER (PLEASE PROVIDE IF AVAILABLE, BUT NOT REQUIRED UNTIL AND IF AN AWARD IS MADE TO PROPOSER.) EXHIBIT C PROPOSER’S CERTIFICATION, PROPOSAL PRICING City Council 18 – 27 5/20/2025 First Street Santa Ana Fee Proposal HDR CPOG Cityworks ESTOLANO GUIDA NDS Translatio n Services PIC / QA-QC Review Senior Project Manager Senior Task Manager Grant Specialist / Planning Manager Outreach Lead / Senior Engineer / Communicati ons Manager Senior Traffic Engineer / Senior Planner Civil Engineer / Traffic Modeler Senior Outreach Specialist / Senior GIS Specialist Design Engineer / Planner / Outreach Specialist Traffic EIT Associate Planner /Design EIT Outreach Support / Graphic Design / GIS Project Control Admin Support Outreach Managers Community Liaisons Account Coordinators Graphic Designers CPOG Reimb. CPOG Design Fee Principal Senior Planner Planner Assoc. Planner Cityworks Design Reimb. Cityworks Design Fee Principal Director Senior Associate Associate Estolano Reimbursa bles Estoland Design Fee Tim Fettig, Survey Manager Rob Stevenso n, LiDAR Manager Sr. Project Surveyor Project Surveyor St. Survey Analyst Survey Analyst Survey Technicia n Project Coordinat or Party Chief Chainman Apprentic e Data Collection/P rocessor CBO Staff / Director CBO/Translatio n Services Fee Total Fee HDR Reimb. HDR Fee GUIDA Fee NDS Fee $ 390 $ 360 $ 380 $ 350 $ 290 $ 260 $ 225 $ 195 $ 170 $ 150 $ 125 $ 125 $ 150 $ 125 $ 200 $ 180 $ 160 $ 125 $ 230 $ 125 $ 100 $ 80 $ 310 $ 250 $ 195 $ 170 $ 333 $ 254 $ 280 $ 223 $ 189 $ 165 $ 120 $ 154 $ 253 $ 197 $ 154 $ 100 $ 100 TASK 1 - Project Management 1.1 Adminstration and Project Management Project Initiation Project Organization and Communication Project Branding / e-Toolkit Development Project Control Specialist Billing, Contracting, Management Support 1.2 Kick Off Meeting and PDT Meetings Coordination / Organziation Project Kick Off Meeting Monthly PDT Meetings (12) 1.3 Agency Project Oversight Coordination / Organziation Monthly Agency Project Oversight Meetings 1.4 REAP Reporting Establish Goals & Objectives Monthly Reporting Assistance for Grant Funding QA/QC and Project Oversight QA-QC & Project Administrative Review (PARR) TASK 2 - Existing Condition Analysis & Assessment 2.1 Data Collection 2.1.1 Base Mapping (LiDAR) 2.1.2 Travel Patterns and Volumes 2.1.3 Evaluation of Safety 2.1.4 Understanding Challenges through Field Investigation 2.2 Existing Multimodal Facilities Map Integrate data into GIS Overlay Multimodal Facilities on Community Data / Initial Assessment of Need 2.3 Existing Corridor Model Develop Base Model (weekday AM/PM Peak - 6 lane & 4 lane) Validate Model Report Key Metrics Visual Simulations 2.4 Equity Coordination/Organization Community Analytics and Reporting Equity Assessment Visuals Equity Assessment Memorandum TASK 3 - Outreach and Engagement 3.1 Targeted Stakeholder Meetings 3.1.1 Community Working Group (6) 3.1.2 Neighborhood Groups (32 meetings) 3.1.3 City Council (6 meetings) 3.2 Website, Social Media, and Surveys 3.2.1 Project Website 3.2.2 Social Media 3.2.3 Online Survey 3.2.4 Email 3.2.5 Educational Materials Translation Services 3.3 Community Workshops Workshop 1 (tradtional) - 3 events Workshop 2 (charette) - 3 days Workshop 3 (open house) - 3 events 3.4 Community Events Identify and Coordinate Events Provide Staffing for up to 10 Pop-Up Events or Meetings CBO Support 3.5 Engagement Summary Report Draft Report Final Report TASK 4 - Conceptual Planning 4.1 Identify Opportunities & Constraints Prepare Opportunities & Constraints Matrix & Identify Needs Create Cross-Sections for Potential Alterantives Conduct Multimodal LOS Identify Corridorwide Recommendations Select Top 3 Alternatives 4.2 Proposed Alternatives Create Illustrations / Renderings for 3 Alternatives (30% design included in Task 5) 4.3 Programmatic Cost Estimates Prepare Concept Level Estimates 4.4 Alternatives Analysis and Feasibility Study Conduct Multimodal LOS for 3 Alternatives Develop Prioritization Criteria / Refine Criteria and Scoring / Prioritize 3 Alt Identify Locally Preferred Alternative / VISSIM Create Illustrations / Renderings for Locally Preferred Alternative (design included in Task 5) Preapare Draft Feasibility Study Respond to Comments / Final Draft Feasiblity Study Respond to Comments / Finalized Feasibility Study 4.5 Risk Register Prepare Risk Register 4.6 Identify Financial Needs Create Funding Matrix Identify Alternative Funding Sources 4.7 Create Implementation Study Develop Implementation Strategy 4.8 Environmental Clearance Conduct Initial Study / Identify Appropriate Environmental Document Complete CE/SE Technical Studies TASK 5 - Plan Production and Approval 5.1 Draft Plan 30% Plans for 3 Alternatives 5.2 Draft Final Plan 60% Plans for Locally Preferred Alternative Cost Estimates 5.3 Final Plans 90% Plans, Specifications and Estimates 100% Plans, Specifications and Estimates Final Submittal Plans, Specification and Estimates Comments / Response Matrix and Documentation Subtotal 139 28 8 16 4 15 1 2 12 16 4 12 0 80 80 4 4 4 0 0 0 42 24 12 12 0 18 6 6 6 0 0 0 0 0 0 0 0 0 0 0 150 30 30 30 30 90 30 30 30 335 228 68 8 24 36 26 12 2 12 36 12 24 18 6 12 80 80 46 8 4 4 4 2 2 28 8 8 8 4 6 4 2 58 24 24 10 2 8 18 6 6 6 2 2 4 2 2 60 18 2 2 2 4 8 2 2 4 4 32 2 6 4 2 6 6 6 4 4 0 0 0 58 6 6 12 12 40 10 10 10 10 450 74 0 26 2 24 48 48 0 0 76 20 8 4 4 4 12 4 8 44 16 4 4 20 0 0 0 0 0 0 0 84 36 8 4 8 8 8 16 16 8 8 20 6 6 4 4 4 4 0 0 0 1,000 180 180 200 200 620 160 160 160 140 1,234 18 0 0 0 18 6 12 0 4 0 4 4 0 0 8 0 8 8 0 0 0 76 0 0 0 0 0 46 30 16 30 30 0 0 0 0 0 106 80 0 26 2 24 48 48 6 6 0 58 8 8 0 0 50 16 16 18 165 64 20 20 24 68 15 5 10 10 8 20 24 8 8 8 5 5 4 2 2 40 0 0 24 24 0 16 16 0 0 0 360 0 0 360 100 80 80 100 703 0 0 0 0 0 0 122 48 24 8 16 0 74 30 20 8 16 0 0 0 0 0 0 0 378 80 40 8 16 8 8 40 40 0 132 16 32 24 16 20 16 8 16 16 0 0 110 30 80 350 0 200 200 150 106 30 6 8 850 0 0 0 0 0 0 330 40 20 20 0 290 160 50 40 40 0 0 0 0 0 0 0 330 0 90 90 40 40 200 200 0 0 0 0 1,710 300 300 410 250 160 1,000 300 200 200 300 2,370 146 0 52 4 48 90 90 4 4 0 40 0 16 16 0 24 24 96 0 0 60 20 20 20 28 12 16 8 4 4 0 0 0 0 0 0 0 0 0 0 0 0 0 282 14 8 8 0 0 6 6 0 56 32 8 24 24 24 0 0 539 300 150 150 158 20 20 24 24 30 40 60 20 20 20 21 5 16 0 420 68 32 20 8 8 90 90 0 148 24 20 24 40 24 16 0 16 8 8 8 8 90 10 80 1,550 300 300 250 250 1,000 300 200 200 300 2,579 0 0 0 0 0 0 600 116 20 80 16 0 410 300 50 60 74 20 24 30 341 278 150 128 63 15 20 20 8 0 0 0 336 96 80 8 8 0 0 240 90 100 50 0 0 0 0 1,038 0 600 600 438 320 106 12 2,315 232 64 48 16 60 48 12 72 48 24 36 36 0 88 8 8 0 0 80 80 0 0 0 0 0 0 166 0 0 0 106 60 30 16 0 0 0 60 20 40 2,600 800 800 500 500 1,300 600 500 200 3,086 80 80 80 0 0 0 0 120 56 40 16 40 40 0 24 24 220 0 220 50 50 40 30 50 0 0 0 48 20 8 8 4 10 10 0 18 8 10 0 0 0 0 0 0 0 0 468 120 120 24 96 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 120 60 60 60 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 60 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $289,260 $80,260 $50,270 $77,910 $20,820 $60,000 $304,510 $66,680 $19,600 $172,790 $45,440 $276,910 $129,260 $89,930 $42,360 $11,200 $4,160 $412,800 $69,420 $54,000 $20,440 $175,100 $11,760 $18,820 $11,860 $51,400 $1,783,730 $300,760 $431,270 $1,051,700 $3,067,210 68 24 24 32 8 24 12 12 0 0 0 0 0 0 0 206 12 12 10 2 2 2 2 2 160 40 80 40 4 4 20 10 10 0 0 0 0 0 0 0 0 0 0 0 0 0 274 0 0 0 0 0 0 0 0 0 0 0 567 88 12 64 12 60 12 12 12 12 12 275 80 115 80 24 24 120 60 60 0 0 0 0 0 0 0 0 0 0 0 0 0 567 0 0 0 0 0 0 0 0 0 0 0 635 76 12 64 120 24 24 24 24 24 275 80 115 80 124 24 100 40 20 20 0 0 0 0 0 0 0 0 0 0 0 0 0 635 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $13,600 $4,800 $6,400 $2,400 $0 $0 $0 $0 $0 $0 $0 $244,860 $30,400 $32,000 $125,500 $24,960 $32,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $258,460 92 24 24 28 4 24 24 24 0 0 36 24 24 0 0 0 67 0 7 3 4 60 18 24 18 0 0 72 10 2 2 2 4 12 12 0 48 8 8 8 8 4 4 0 0 0 0 0 0 0 0 267 52 16 16 16 4 12 12 12 0 0 80 24 24 0 0 0 260 0 48 24 24 120 40 40 40 16 16 0 524 100 8 48 32 12 160 100 0 248 24 24 80 24 16 16 0 0 0 0 0 0 0 0 916 12 0 12 12 0 0 0 80 24 24 0 0 0 54 0 24 12 12 0 16 16 0 40 0 0 0 40 20 0 0 0 0 0 0 0 0 186 0 0 0 0 0 0 80 24 24 0 0 0 32 0 34 17 17 0 0 0 240 40 40 120 100 0 80 80 0 0 0 0 0 0 0 0 352 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $24,180 $7,520 $9,640 $7,020 $0 $0 $12,840 $12,840 $0 $0 $0 $45,015 $0 $12,615 $28,800 $3,600 $0 $102,800 $18,000 $32,360 $0 $52,440 $0 $0 $0 $0 $0 $0 $0 $0 $184,835 12 4 2 2 1 1 7 1 6 0 0 20 0 2 2 0 18 4 4 4 6 0 0 0 0 0 0 11 2 1 1 0 0 9 2 1 4 1 1 0 0 0 0 0 0 0 0 43 24 8 4 4 2 2 14 2 12 0 0 40 0 4 4 0 36 8 8 8 12 0 0 0 0 0 0 22 4 2 2 0 0 18 4 2 8 2 2 0 0 0 0 0 0 0 0 86 24 8 4 4 14 2 12 2 2 0 0 40 0 4 4 0 36 8 8 8 12 0 0 0 0 0 0 22 4 2 2 0 0 18 4 2 8 2 2 0 0 0 0 0 0 0 0 86 48 16 8 8 28 4 24 4 4 0 0 80 0 8 8 0 72 16 16 16 24 0 0 0 0 0 0 44 8 4 4 0 0 36 8 4 16 4 4 0 0 0 0 0 0 0 0 172 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $22,560 $7,520 $8,300 $6,740 $0 $0 $37,600 $0 $3,760 $0 $33,840 $0 $0 $0 $0 $0 $0 $20,680 $3,760 $0 $0 $16,920 $0 $0 $0 $0 $0 $0 $0 $0 $80,840 0 0 0 0 0 0 40 40 40 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 40 0 0 0 0 0 0 24 24 24 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 24 0 0 0 0 0 0 104 104 104 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 104 0 0 0 0 0 0 16 16 16 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 16 0 0 0 0 0 0 176 176 176 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 176 0 0 0 0 0 0 104 104 104 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 104 0 0 0 0 0 0 120 120 120 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 120 0 0 0 0 0 0 20 20 20 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 20 0 0 0 0 0 0 214 214 214 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 214 214 214 214 0 0 0 0 214 0 0 0 0 0 0 80 80 80 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 80 $0 $0 $0 $0 $0 $0 $228,654 $228,654 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $228,654 0 0 0 0 0 0 200 200 200 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 200 $0 $0 $0 $0 $0 $0 $20,000 $20,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $20,000 0 0 0 0 0 0 0 0 0 0 0 300 0 0 0 300 300 0 0 0 0 0 0 0 0 0 0 0 0 0 0 300 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $30,000 $0 $0 $0 $30,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $30,000 $349,600 $100,100 $74,610 $94,070 $20,820 $60,000 $603,604 $328,174 $23,360 $172,790 $79,280 $596,785 $159,660 $134,545 $196,660 $69,760 $36,160 $536,280 $91,180 $86,360 $20,440 $244,460 $11,760 $18,820 $11,860 $51,400 $1,783,730 $300,760 $431,270 $1,051,700 $3,869,999 City Council 18 – 28 5/20/2025 PROPOSAL First Street Multimodal Boulevard Study RFP NO. 25-029 March 2025 EXHIBIT 2 City Council 18 – 29 5/20/2025 City of Santa Ana | First Street Multimodal Boulevard Study RFP NO. 25-029 | Table of Contents TOC-01 Table of Contents Appendix Appendix A: Key Staff Resumes & Support Staff Qualifications ..................................................A-01 Appendix B: Required Certifications .....................................................................................................B-01 A. Cover Letter .................................................................................................CL-01 B. Services Provided .............................................................................................01 Scope of Work ...................................................................................................................................................01 Implementation Plan ......................................................................................................................................09 C. Agreement Statement ......................................................................................11 D. Firm and Team Experience .............................................................................12 Firm Profile ..........................................................................................................................................................12 Relevant Project Experience ..........................................................................................................................13 Team Organization ............................................................................................................................................15 E. Proposed Work Plan .........................................................................................16 Project Understanding .....................................................................................................................................16 Technical Approach ..........................................................................................................................................16 Challenges and Special Concerns .................................................................................................................19 Potential Solutions ..........................................................................................................................................20 City Council 18 – 30 5/20/2025 Cover LetterA City Council 18 – 31 5/20/2025 City of Santa Ana | First Street Multimodal Boulevard Study RFP NO. 25-029 | A. Cover Letter hdrinc.com 3220 El Camino Real, Suite 200, Irvine, CA 92602 T 714.730.2300 F 949.403.8234 CL-01 March 25, 2025 Mike Arizabal, Senior Transportation Analyst City of Santa Ana – Public Works Agency 20 Civic Center Plaza Santa Ana, CA 92701 RE: HDR Statement of Qualifications | First Street Multimodal Boulevard Study (RFP NO. 25-029) Dear Mike Arizabal and Members of the Evaluation Committee, The future of the City of Santa Ana (City) is bright and promising as it leads multiple initiatives that will transform its economy, provide new housing options, expand mobility choices, connect communities, and enhance quality of life within the City and surrounding region. The First Street Multimodal Boulevard Study (Project) is an opportunity to integrate transformative change for a nearly 3-mile section of First Street from Bristol Street to Tustin Avenue. HDR Engineering, Inc. (HDR) is excited to partner with the City and key stakeholder groups to develop a community engagement strategy, feasibility study, and final design focused on equity, sustainability, mobility, and economic resiliency. Our team is led by Project Manager Dawn Wilson, who brings over 31 years of diverse experience in local transportation engineering and planning projects, with a specialization in active transportation and multimodal project delivery. Dawn has completed more than 20 complete streets projects over the past 15 years, many within commercial districts similar to First Street. Dawn and the HDR team are committed, available, and ready to prioritize the City’s needs and mobilize quickly. We offer the following distinct benefits to the City, which are further detailed throughout this proposal: FIRM INFORMATION HDR Engineering, Inc. 3220 El Camino Real, Suite 200 Irvine, CA 92602 213.239.5800 Business Type: Corporation PRIMARY CONTACT Dawn Wilson, PE, TE Project Manager dawn.wilson@hdrinc.com 619.246.3675 AUTHORIZED REPRESENTATIVE Thomas T. Kim, PE Senior Vice President tom.kim@hdrinc.com 714.504.8860 We look forward to the opportunity to meet with you and further discuss our qualifications, expertise, and approach. Sincerely, HDR Engineering, Inc. Thomas T. Kim, PE (CA #57374) Dawn Wilson, PE (CA #62562), TE (CA #2548) Senior Vice President Project Manager A. Cover Letter An integrated approach to delivering final engineering and conducting a comprehensive, multi-faceted outreach program within the necessary timeframe A full-service team with the capacity to deliver on the ambitious schedule, backed by an extensive network of multimodal transportation and engagement subject-matter experts to support staffing levels as needed A proven approach to equity that will leverage community-based organization (CBO) partnerships to drive cultural accuracy and enhance community participation, resulting in a locally preferred alternative that reflects the true needs of the community Unmatched expertise in multimodal infrastructure planning and design — our team has successfully delivered some of the region’s most impactful transit projects in recent years, including the OC Streetcar where we have established strong working relationships with the City and OCTA City Council 18 – 32 5/20/2025 Services ProvidedB City Council 18 – 33 5/20/2025 City of Santa Ana | First Street Multimodal Boulevard Study RFP NO. 25-029 | B. Services Provided 01 Scope of Work To develop the scope of work for this project, the HDR team reviewed the memorandum of understanding (MOU) between the City and the Orange County Transportation Authority (OCTA) regarding REAP 2.0 grant funding, as well as the City’s Mobility Element and the Santa Ana Transit Cooperative Study. Our scope of work details the approach, innovative tools, and unique solutions HDR will bring to the City in order to successfully complete the tasks outlined in the RFP and fulfill the grant requirements. Task 1: Project Management 1.1 Administration and Project Management HDR understands that successful delivery of this project will require a well-defined Project Management Plan (PMP) that includes clear communication protocols, defined expectations, regular coordination, and a detailed project schedule. The City will have an opportunity to review the PMP and provide comments before it is finalized. HDR’s management team will regularly review the PMP, scope, and schedule to confirm the project stays on track. The City will receive monthly project status reports with our invoices, as well as during Project Development Team (PDT) meetings (Task 1.2). Project Organization and Communications To facilitate ease of access and review, the HDR team will use a SharePoint site to organize and maintain meeting materials and utilize OneNote for preparing and sharing meeting minutes. This shared online space will consolidate deliverables and key information, making them easily accessible. Unless otherwise requested by the City, all documents will be prepared in Microsoft formats (Word, Excel, Project, PowerPoint, Teams, SharePoint), Adobe formats (PDF, Illustrator, Photoshop), or Esri formats (ArcGIS Pro). Design will be completed in AutoCAD. No other formats will be used without prior approval from the City. Project Branding HDR will develop a branding and style guide that will be submitted for City review and approval. This guide will provide a plan for consistency across the materials presented to the community and the City (e.g., reports, maps, presentations, outreach materials, and other documents). We will create and disseminate an electronic toolkit (e-toolkit) for stakeholders to share feedback opportunities, meeting announcements, and vital information within their networks. The e-toolkit will include easily distributable and customized options for emails, website content, and social media posts, which are further detailed in Task 3.2. 1.2 Kick-Off Meeting and PDT Meetings Prior to contract execution, HDR will schedule an in-person kick-off meeting, which will include a corridor tour to gather input from City staff. Having familiarized ourselves with the Transit Cooperative Study and the City’s Mobility Element and Vision Zero plans, we will be prepared to discuss how these documents integrate into the City’s vision and expectations for this corridor. We will use this time to define project success and collect information on potential concerns or anticipated roadblocks. Following the kick-off meeting, HDR will schedule monthly PDT meetings, which will be held virtually unless otherwise requested by the City. The purpose of PDT meetings is to review the schedule, progress, provide direction, answer questions, and coordinate upcoming meetings. HDR will be responsible for scheduling meetings, preparing materials, and presenting information. To save time, we recommend the City identify members of the PDT prior to contract execution. 1.3 Agency Project Oversight Comprised of key City staff, OCTA staff, and key stakeholders, an Agency Project Oversight committee will be formed. This group will be responsible for reviewing progress, processes, and providing technical input. Whereas the PDT is focused on the management and overall delivery of the project, this committee will be focused on technical deliverables and will be responsible for providing direction to the project team. We anticipate these meetings to occur approximately once per month, and recommend they align with key points in the project review and decision making process. No less than 10 meetings will be held over the course of the project, and they will be held in-person unless otherwise requested. 1.4 REAP Reporting At the initial Agency Project Oversight meeting, HDR will lead a discussion to establish goals and objectives. As this project is funded through REAP 2.0 funds, HDR anticipates that goals will focus on connecting low-income residents to goods and services in the community through improved and reliable transportation options. HDR will assist the City in preparing a monthly summary to OCTA, which will include a summary of progress towards the goals and objectives as defined by the measurements of success. This information will be discussed during PDT meetings and will be included in monthly invoices to the City. Task 2: Existing Condition Analysis & Assessment 2.1 Data Collection Following the project kick-off meeting, HDR will initiate four key categories of data collection: 1) developing base map data, 2) collecting travel patterns and volumes data, 3) evaluating safety, and 4) understanding mobility challenges through field assessment and visual observation. 2.1.1 Base Mapping HDR will use LiDAR surveying to collect existing roadway data. LiDAR generates a three-dimensional model and creates a digital layout of existing conditions with fine levels of detail, such as locations of signs, trees, drainage inlets, signing, striping, street lighting, traffic signal poles, sidewalks, medians, and other physical objects within the roadway. Once the LiDAR survey is completed, HDR will refine the maps and clean up any inconsistencies in the line work by field reviewing the conditions compared to the initial base map. B. Services Provided HDR prepared e-toolkit content for the SoCalGas Climate Adaptation Program, which delivered equity-focused outreach efforts through compensated CBO partnerships. City Council 18 – 34 5/20/2025 City of Santa Ana | First Street Multimodal Boulevard Study RFP NO. 25-029 | B. Services Provided 02 2.1.2 Travel Patterns and Volumes HDR will use a combination of Replica data and ground count data to develop the existing traffic volumes and patterns. Replica is a big data source that can be used to understand travel patterns using origin and destination information, traffic volumes by mode, and other information. Since Replica uses data from IP addresses and sums the data over a multi- year period, it can also be a source of data patterns and trends. Existing conditions for traffic, pedestrian, bicycle, heavy vehicle, and transit volumes will be collected. Volumes will be collected for all intersections (signalized and unsignalized) and daily traffic volumes, including speed and vehicle classification, will be collected for up to 15 segments. 2.1.3 Evaluation of Safety HDR will use SWITRS/TIMS to develop an understanding of reported crashes. Our preliminary evaluation of the available data, summarized in Figure 1 below, revealed 11 fatalities and 13 severe injury collisions out of 381 crashes over the past 7 years, including a very high crash density at Bristol Street. We understand the City received HSIP grant funding (Cycle 10 and Cycle 12) to address some of the these critical areas. We will review the projects that received funding, and if not currently constructed, will integrate those improvements into our overall concept development. SWITRS/TIMS data is not capable of providing near miss information and only includes crashes that were reported. In many cases, accident reports are not filed for fender benders and non-injury crashes. Therefore, this data only paints a portion of the conditions along the corridor. Near miss information is critical to providing insight into safety issues that exist but are not reported. HDR proposes to use LiDAR detection technology to collect near miss data at major intersections and crash hot spots. We will install these detectors at key locations and collect one week of data along the corridor. This data will provide information on near misses that can then be compared with video obtained through the City’s Traffic Management Center (TMC) to determine where potential problems exist before we propose alternative design improvements. 2.1.4 Understanding Challenges through Field Investigation While the LiDAR survey will collect the location of signs and other features, it cannot identify the type of sign or post mounting. Therefore, a field investigation will be conducted to clearly identify wayfinding, speed limit, and other signs along the corridor. The field investigation will identify and document bus stop amenities including shelters, benches, lighting, trash cans, bicycle storage, and other features. We will also review boarding and alighting information and on-time bus performance from data to be provided by OCTA. HDR will confirm intersection geometrics, roadway striping, and signal operations. We will request as-built plans and traffic signal timing plans from the City, and will work closely to understand current traffic signal technology, communications, and ITS elements, which will be used to evaluate needs regarding integrating transit signal priority (TSP) or other technology into the design concepts. Finally, the team will document general observations relative to pavement condition, sidewalk condition/ADA compliance, sidewalk widths, trees and shade structures, lighting, and general activity along the corridor. To illustrate community use of the street, the team will note activity of people traveling along, to, and from the corridor, as well as any prolonged activity, such as street vending or gatherings. Potential mobility challenges that will be documented include grade changes at the rail crossing/I-5 interchange and skewed intersection crossings. HDR will confirm any planned improvements along First Street and/or any connecting streets with the City, OCTA, and Caltrans. These projects will be documented during this existing conditions phase and taken into consideration during concept development. CRASH DENSITY LEVEL Figure 1: Crashes at Study Area Intersections Very low Low Moderate High Very High 2.2 Existing Multimodal Facilities Map All data collected will be recorded in GIS. Existing sidewalks, bicycle facilities, transit stops, and roadway conditions (lanes, volumes, speeds and crashes) will be input into a corridor database. This data will be overlaid on an existing land use map and will include consideration of informal land uses and economic drivers. HDR’s Community Analytics team conducted an initial analysis of the corridor and surrounding project area to gain a better understanding of the community, as documented in the infographic on the following page. 2.3 Existing Corridor Model HDR recommends building a VISSIM model for the corridor to demonstrate the existing six-lane operation and how the proposed four-lane condition along the corridor will operate. The first pass will be agnostic as to how the two outside lanes are re-purposed. The intent is to demonstrate potential congestion points and potential solutions to addressing traffic and transit flow within the modified roadway capacity. To properly prepare a microsimulation model, four key steps are needed: 1. Develop the Base Model Before we begin a VISSIM simulation, we will utilize City-provided Synchro files to develop an existing peak hour conditions model that is calibrated for current traffic operations. This will allow us to calibrate both the peak hour Synchro models and the baseline VISSIM model for proper operation. HDR will use the combination of the Synchro model and baseline VISSIM model to test the various multimodal alternatives that are recommended. Using Synchro to model current traffic operations conditions is more time efficient and provides the necessary database for testing the traffic signal timing modifications that may be required to accommodate TSP, leading pedestrian intervals, or bike track signal operations. City Council 18 – 35 5/20/2025 City of Santa Ana | First Street Multimodal Boulevard Study RFP NO. 25-029 | B. Services Provided 03 HDR’s Community Analytics tool harnesses multiple data sources to deliver insights into community characteristics. Our team analyzed the study area to understand how community analytics could identify key issues and opportunities, which can then be verified by information gained from community engagement and feedback. Our full study area profile can be accessed here. •Equity and Engagement. The one-mile radius around the project corridor includes significant populations that speak Spanish at home and use Spanish-language digital platforms. While 15% of homes within the radius lack internet access, 94% of residents own a smartphone. Our community analytics allows our team to better customize engagement strategies and materials. •Targeted Mobility Options. A majority of workers within one-mile of the project corridor are blue collar (31%) and service workers (26%) who often travel to and from work outside of traditional commute times, suggesting opportunities to enhance mobility options throughout the day. •Transportation + Housing Nexus. Commuters around the project corridor have relatively higher rates of taking public transit and carpooling to work and much lower rates of home ownership, compared to Orange County as a whole. These analytics position our team to ask questions about household costs and housing security, strengthening project goals to connect low-income housing residents to resources through enhanced mobility options. First Street Study Area (1-Mile Radius) 9% national average Percent of Households with No Internet Access < 18% < 1% INTERNET ACCESS The Community Analytics Advantage 71%Own 29%Rent 2. Validate the Model To validate the model, HDR will conduct travel time surveys and observations of queue and delay. We will conduct floating car surveys during the data collection period, so that counts and travel time are collected within the same time period. The model will be refined and validated to reflect the existing conditions based on field observations and travel time. 3. Report Key Metrics VISSIM is a powerful tool that can provide metrics on general traffic flow travel time, transit vehicle travel time, delay at intersections, queues, and other information. HDR will work with the City to determine what information is most critical to the decision making process. 4. Develop Visual Simulations Once the model is refined and reporting the necessary travel data, visual simulations will be developed and recorded. Fly through videos, still video, or a combination of both can be recorded for use in public meetings or stakeholder events. After the existing conditions model is developed, geometrics and signal timing can be developed in Synchro and then integrated into a refined VISSIM model. Because of the complexity of the model, these modifications take several weeks to complete. We will begin building the model as soon as the Synchro network from the City is available to the team. HDR intends to focus on weekday AM and PM peak periods for this model. There are several key traffic generators along the corridor, such as Santa Ana High School and the Santa Ana Zoo, that may have different peak periods. Before collecting data and building the model, we will work with the City to confirm the peak period to be analyzed and any special considerations that should be made for these off-peak generators. 2.4 Equity HDR will develop an existing conditions equity analysis technical memorandum with a composite framework for identifying project disadvantaged communities that incorporates multiple indicators known to threaten health, safety, and quality of life of residents. Our team will leverage our Community Analytics analysis and deep experience conducting equity-based geographic analysis using tools such as CalEnviroScreen, California Department of Education, California Healthy Places Index, and Center for Disease Control (CDC) PLACES local data to illustrate specific risks and needs within census tracts throughout the project area. From our preliminary equity analysis of the corridor study area, we found that 100% of census tracts along First Street between Bristol Street and the I-5 freeway are categorized as SB535 Disadvantaged Communities. However, according to California Healthy Places Index, the corridor census tract east of the I-5 also features other equity concerns such as relatively low healthcare access and relatively high exposure to diesel particulate matter due to its position in between two freeways. An equity assessment is only made comprehensive by utilizing data from multiple sources, including community feedback and on-street observational notes. These methods will be critical to verify online data and augment this information with real-life public right-of-way uses, such as street vendors and other informal economic drivers. These activities may be observed to generate trips along and to the corridor, as well as provide opportunities to identify bus stop amenities and design alternatives to accommodate street vendors and micro-community gathering spaces. Field investigations conducted as part of Task 2.1.4 will note these types of activities along the corridor, as well as more traditionally collected transportation behaviors. Once crash data from Task 2.1.3 is compiled in GIS, we will overlay the crash information on a land use map to understand if there is a higher density of crashes by mode near lower income housing sites, and if there is a correlation between access to those properties and nearby transit or other community services. Crash data can be further analyzed to identify community disparities in race, ethnicity, and income that may provide further insights to inform transportation access, barriers, engagement strategy, and safety measures. The memorandum will compile a comprehensive snapshot of the socioeconomic and demographic characteristics, environmental conditions, and health outcomes along the corridor. This snapshot will serve as a key data point to inform stakeholder and community engagement, as well as a context-sensitive baseline for developing multimodal concept alternatives that strive to improve equitable health outcomes while identifying potential threats and risks for mitigation and/or consideration. The memorandum will include new maps of project disadvantaged census tracts with commonly used metrics such as income/poverty and environmental hazards, as well as nuanced measures such as housing security, health factors, and food access. 26% Service workers 14% Carpooled to work 4% Took public transit to work 31% Blue collar workers 94% Own a smartphone City Council 18 – 36 5/20/2025 City of Santa Ana | First Street Multimodal Boulevard Study RFP NO. 25-029 | B. Services Provided 04 Task 3: Outreach and Engagement To enable a transparent, inclusive, and community-driven design process, HDR proposes a four-phase outreach and engagement approach. This is further detailed in Figure 5 of the Project Approach on page 17. Rather than carrying out a linear outreach strategy, our approach integrates data collection, analysis, and concept development with the outreach process, as summarized in Figure 2 below. In order to successfully deliver the 90% and final plans within the one-year project schedule, we will advance 30% and 60% concept development alongside community engagement efforts and selection of the locally preferred alternative. To start, HDR will present an equity-centered Outreach and Engagement Plan (Engagement Plan), which will be updated and refined in coordination with the City. This Engagement Plan will include a breakdown of audiences and stakeholders, strategies, and communication tools/tactics for each group. 3.1 Targeted Stakeholder Meetings HDR will convene, facilitate, and document meetings with the Stakeholder Group, which will include representatives from City of Santa Ana, OCTA, Caltrans, neighborhood associations, educational institutions, local businesses, and CBOs. The Stakeholder Group will meet quarterly to align with key Project milestones, such as project kickoff/existing conditions, concepts/alternatives development, feedback on alternatives, and final project presentations. Within this broad Stakeholder Group, HDR has identified the following subcategories of participants to which the team will deliver presentations regarding the project: Community Working Group, Neighborhood Groups (wards, neighborhood associations), and City Council. 3.1.1 Community Working Group The HDR team will support a Community Working Group, comprised of local grassroots organizations to help establish strong relationships with key populations. Along with their role in the Stakeholder Group, members of the Community Working Group may host engagement efforts through their respective organization’s work; review and provide culturally competent and linguistically inclusive feedback on educational and communications materials; and/or provide project education and capture feedback from the general public at Community Workshops and Events (Tasks 3.3 and 3.4). While some of this work may occur outside of specific meetings, the Community Working Group will meet at least three times in addition to the quarterly Stakeholder Group meetings throughout the life of the Project. HDR recommends the City identify members of the Stakeholder Group prior to NTP. This can save valuable time and allow the group to quickly engage with the first phase of outreach. HDR has worked with many of the Project’s relevant stakeholders on the OC Streetcar project, and there may be efficiency in transitioning members of this previously formed stakeholder group to this project. Figure 2: Integrated Engagement, Analysis, and Design Approach OUTREACH AND ENGAGEMENT PHASE PHASE 1 May 2025 – June 2025 PHASE 2 July 2025 – September 2025 PHASE 3 October 2025 – December 2025 PHASE 4 December 2025 – May 2026 SCOPE OF WORK TASKEXISTING CONDITION ANALYSIS AND ASSESSMENT OUTREACH AND ENGAGEMENT CONCEPTUAL PLANNING FINAL ENGINEERING Data Collection / Crash Analysis Base Mapping / Field Investigation Website Development Website / Social Media Updates City Council Community Pop Up Events, CBO Meetings, Neighborhood Meetings, Ward Updates Workshop / Design Charrette City Council UpdatesOpen House City Council Opportunities & Constraints Development of 3 Alternatives Alternatives Evaluation Refinements / Feasibility Study Environmental Assessment 30% Design for 3 Concepts 60% Design for Preferred Alt.90% Design 100% Design Preferred Alt. Survey CBO / Stakeholder Updates City Council 18 – 37 5/20/2025 City of Santa Ana | First Street Multimodal Boulevard Study RFP NO. 25-029 | B. Services Provided 05 To facilitate effective and timely feedback, we will allocate a budget to compensate these Community Working Group participants for their expertise, time, and involvement. Community Working Group organizations that provide translation/interpretation support and/or services will have those skills and labor factored into their organization’s compensation structure. Potential members of the Community Working Group, which will be determined with collaboration with the City, may include Santa Ana Active Streets, Casa de la Familia, Orange County Communities Organized for Responsible Development (OCCORD), Latino Health Access, Love Santa Ana Initiative, The Bicycle Tree Multi-Ethnic Collaborative of Community Agencies (MECCA), Boys and Girls Club of Santa Ana, and Santa Ana Collaborative for Responsible Development. 3.1.2 Neighborhood Groups While the Project spans through wards 2, 3, 5, and 6, it’s impact is expected to benefit all wards and surrounding neighborhoods. In addition to quarterly stakeholder meetings, HDR will engage with residents in all six wards and ten adjacent neighborhood associations to provide information about the Project, emphasize its importance, address community concerns, and incorporate their vision into the concepts and options when selecting the locally preferred alternative. We will collaborate with councilmember offices to coordinate meetings and provide updates. We anticipate conducting two rounds of meetings with each ward and neighborhood association, totaling up to 32 meetings in outreach phases 1 and 2. HDR will begin scheduling these meetings before the conceptual planning phase, prepare meeting materials and agendas, and document meeting minutes. 3.1.3 City Council HDR recommends meeting with City Council at project onset to discuss the vision and goals for the corridor, confirm support for reducing lanes, and informing the council of the integrated outreach and concept development plan. While the RFP calls for one presentation to City Council, the HDR team recommends up to six total touchpoints with City Council. Updates to City Council can be provided by City staff or HDR Project Manager Dawn Wilson and will align with key decision points in the concept development process, including: project kick-off; recommendation of a locally preferred alternative (December 2025); feasibility study findings and environmental documentation; regular design deliverable updates; and project closeout. The HDR team will provide City staff and other personnel with the necessary information, data, tools, and talking points to deliver clear and concise briefings. 3.2 Website, Social Media and Surveys HDR will work collaboratively with the City to provide information through digital platforms, which will enable community members to track project progress, offer feedback, and share details with friends and neighbors. Our Community Analytics profile notes high smartphone ownership and significant Spanish language digital use around the corridor, and we are prepared to align our digital strategy with these community characteristics. All materials and content described below will be made available in English, Spanish, and Vietnamese, including automated translation features for the website and traditional assistance from bilingual staff when applicable, especially on social media artwork, captions, and surveys to address cultural sensitivity. While HDR has the capability of providing these language services in-house, Community Working Group participants may provide compensated language services as well. HDR can also recommend additional translation/interpretation vendors if needed. 3.2.1 Project Website HDR recommends using ArcGIS StoryMaps as a website platform. This interactive platform integrates well with online surveys, mapping tools, and sharing alternatives, and comment and question submissions, to make it easier for community members to provide feedback. The HDR team will curate and upload relevant documents, renderings, maps, outreach materials, and other resources to keep the community informed and engaged through regular updates that reflect the latest project developments. HDR will work with the City on branding, digital requirements, and a project domain. Due to funding limitations, the website will be active for the Project’s duration; however, we can develop options for the City to maintain the website after the Project has concluded. 3.2.2 Social Media HDR works with clients nationwide to build social media strategies that focus on the audience journey and diverse users similar to Santa Ana residents and stakeholders. HDR will work with the City’s public information team to develop a social media and community-focused information strategy for residents of Santa Ana, commuters, and visitors on the City’s Facebook page. Our Community Analytics analysis of the study area shows 55% of households used Facebook and 48% used Instagram in the prior 30 days. Content will focus on benefits of the Project, safety enhancements to bicyclists and pedestrians, multimodal opportunities, transit improvements, and other topics as determined and identified in the outreach strategy. Facebook advertising is a recommended strategy for the City to consider to help promote public engagement and increase online reach. The City’s Instagram page would also be used for sharing quick, up-to-date content. Once an overall social media strategy is established, HDR will develop monthly social media calendars, including proposed content and graphics. Topics will be determined from project meetings, communications plans, and ongoing communications with the City. 3.2.3 Online Survey Within the website, HDR will develop an online survey that will integrate a geospatial data tool, allowing residents to share ideas and concerns about First Street such as pedestrian safety, green space, and traffic flow. Our focus will be on identifying key objectives, such as enhancing multimodal transportation, improving accessibility, and fostering community engagement. We will craft engaging survey questions aimed at gathering meaningful insights on the community’s priorities. Draft questions will be reviewed by the City and adjusted based on feedback. We will develop a comprehensive distribution strategy, utilizing the project website, email blasts, social media, partner toolkits, and geotargeted ads to effectively reach the community. In-person distribution at community events and throughout the study area will include QR codes for digital responses and printed surveys for increased accessibility. Following the data collection, our team will summarize and present the survey responses to the City, focusing on key trends and insights that emerge from the data. Our comprehensive approach to developing, implementing, and analyzing surveys provides an opportunity for all stakeholders to have their voices heard. An ArcGIS StoryMap website, similar to the one HDR created for the Omaha Streetcar project, can be used to share information and collect input using geospatial tools. Click the image above to visit the website. City Council 18 – 38 5/20/2025 City of Santa Ana | First Street Multimodal Boulevard Study RFP NO. 25-029 | B. Services Provided 06 3.2.4 Email HDR’s Digital Engagement Team recommends creating a project-specific email address to receive comments and send e-blasts about upcoming events. This email will help centralize communication, provide a written record of public input, and notify stakeholders about upcoming meetings and community events through newsletters or email blasts to increase participation and engagement from the community and other involved parties. It is also generally more cost-effective than other communication methods, such as printing materials. Emails will encourage use of the geospatial data tool discussed in Task 3.2.3. 3.2.5 Educational Materials HDR will prepare multilingual educational materials during the first month of the project. HDR will co-create these outreach materials with the Community Working Group, reviewing materials for cultural accuracy and plain language, including translated materials. HDR will leverage its creative services and graphic design team to produce fact sheets, frequently asked questions (FAQ) documents, PowerPoint presentations, and comment cards, among other materials. 3.3 Community Workshops In addition to attending City Council meetings, CBO events, and pop-up events, the community at large will have an opportunity to get involved through a series of workshops. We will include bilingual and multilingual team members at each meeting to provide inclusive engagement with various stakeholders. The HDR team will conduct community workshops at key stages that align with the outreach phases previously outlined in Figure 2 and further detailed in Figure 5 on page 17. We recommend conducting three rounds of workshops, each with a different objective: Workshop 1: In our first phase, we will conduct a workshop to introduce the project and ask participants to share pedestrian and bicycle safety concerns, transit concerns, and general mobility challenges. Workshop 2: In our second phase, we will conduct a design charrette to help develop ideas for the corridor’s three alternatives. Workshop 3: In our third phase, we will conduct a traditional open house to share the corridor’s design alternatives and ask the community for feedback on the locally preferred alternative. We will then refine the design alternatives and present recommendations to the City. We will coordinate the time and location of these events with the City. For the design charrette, we will provide multiple days for the public to drop in and discuss the project with our team. Our team will also work to include other workshop amenities and accommodations, such as healthy food, kid- friendly activities, accessibility features, and varied times and days of the week to provide a diverse availability for potential participants. 3.4 Community Events Reaching communities where they already are allows for hands-on opportunities for residents to explore concepts and share feedback in a relaxed setting. The HDR team recommends attending community events across all project phases to socialize, interact with staff, ask questions, and provide opportunities for the community to provide input. We will also use this time to direct the public to the project website for more information and hand out materials like factsheets, FAQs, brochures, and surveys. Some popular events in Santa Ana include the Downtown Santa Ana Artwalk, the weekly Friday Night Market, and the weekly Santa Ana Flea Market. These events can also include school PTA/PTO meetings, school events, or farmers markets to engage people from all corners of the community. We will build on this experience by working with the City and our CBO partners to identify at least 10 existing community meetings or public events where we can set up a booth and raise public awareness of the Project. As with the community workshops, we will include our bilingual and multilingual team members to enhance our representation of diverse communities. 3.5 Engagement Summary Report After selecting the preferred alternative, we will prepare an Outreach and Engagement Summary Report. This report will be attached to the Feasibility Study and will include the results of outreach events along with the feedback received. Task 4: Conceptual Planning 4.1 Identify Opportunities and Constraints Using the information collected and analyzed in Task 2 and input from the community during the first phase of outreach (Community and Stakeholder Input), HDR will begin to develop potential alternatives. The first step in this process is to develop an opportunities and constraints matrix. This will focus on the need identified, the opportunity to improve that need, potential constraints that may affect the ability to address the need, potential roadblocks for community support, and level of complexity for the improvements. HDR will conduct a multimodal level of service (LOS) assessment for the corridor. During the kick-off meeting, our team will discuss our approach to evaluating pedestrian, bicycle, and transit facilities. While traditional approaches such as Level of Traffic Stress (LTS) and Pedestrian Environmental Quality Index (PEQI) are effective tools, we will work with the City to confirm the approach and the conditions to be evaluated. The Highway Capacity Manual (HCM) also outlines methodology that is viable for the corridor. Transit ridership, stop conditions, on-time performance, and other indicators may be included in the analysis of the existing conditions and integrated into the opportunities and constraints assessment. Constraints may include right of way (ROW), Caltrans ROW, physical constraints in the railroad undercrossing/flooding risk, and community impacts. They may also include operational issues such as poor pedestrian conditions, pavement conditions, and traffic operations. Opportunities will focus on the types of facilities that can be integrated to address the existing constraints and barriers to multimodal travel. The matrix will be organized such that the “low hanging fruit” is identified first, with more complex solutions identified last. In addition to this matrix, the findings of the existing and four-lane alternative operational analysis will be documented and discussed. Improvements that address operational deficiencies that HDR will suggest locations with natural foot traffic for Open Houses and Community Events. We are also equipped to host with hybrid in-person and virtual elements to engage a wider audience. This setup allows for real-time interaction between on-site attendees and those participating online, so that everyone has the opportunity to contribute and engage with the event. City Council 18 – 39 5/20/2025 City of Santa Ana | First Street Multimodal Boulevard Study RFP NO. 25-029 | B. Services Provided 07 align with the City’s guidance on impact avoidance and minimization strategies will be considered. Delay, near miss crashes, travel time and crash history will be taken into consideration when identifying the overall traffic deficiencies and need for improvement. This may include improvements to signal timing, communications or operations, physical modifications, and geometrics. Improvements will align with OCTA’s Master Plan of Arterial Highways (MPAH) and the City’s Mobility Element LOS goals. 4.2 Proposed Alternatives The HDR team will receive feedback from the community during the design charrette in Task 3.3 and use that information to develop and refine three alternatives. The concepts will initially be developed as cross sections and then drawn in plan view on the LiDAR survey collected during Task 2. Once the plan view is developed, we will work closely with our subconsultant, Cityworks Design, to develop illustrations and renderings that help convey the alternatives to the public, including sketched cross sections and plan views. 4.3 Programmatic Cost Estimates For each of the three alternatives, HDR will prepare a concept-level cost estimate that includes construction cost for the roadway and signal modifications, estimate of ROW and high level costs, utility relocation and estimate costs, tenant eviction or relocation costs, and project closeout. Since projects occur over time, an escalation of cost will also be documented depending upon a future timeline to be coordinated with OCTA. 4.4 Alternatives Evaluation and Feasibility Study Once the three alternatives have been developed and presented to the community, CBOs and stakeholders, HDR will work with the City to select the locally preferred alternative. Analysis of pedestrian, bicycle, automobile, and transit conditions will be evaluated for each of the three alternatives. Prioritization criteria will be developed and used to score the alternatives. Scoring shall align with the previously established goals and objectives of the project, and will include improved connectivity, improved safety, increased access to reliable transportation options, transit efficiency, and higher quality pedestrian and bicycle facilities. Community support will also be a key factor in the selection of the preferred alternative. The HDR team will work with the PDT and Agency Project Oversight group to refine the scoring criteria and will present the results to these groups before selecting a locally preferred alternative. On the Laguna Canyon Road (SR 133) Project Study Report-Project Development Support (PSR-PDS) project, HDR developed and analyzed multiple complete streets alternatives that included integration of new bicycle and pedestrian facilities. To help select a preferred alternative, HDR developed an alternatives matrix based on the evaluation criteria from the Purpose and Need statement. The use of icons and colors in the matrix allowed for an easy-to-digest comparison of the alternatives. City Council 18 – 40 5/20/2025 City of Santa Ana | First Street Multimodal Boulevard Study RFP NO. 25-029 | B. Services Provided 08 4.5 Risk Register A risk register will be developed for the preferred alternative. It will identify potential risks (such as those related to design, construction, community/ political support, funding), assign possibilities, identify mitigation strategies, and identify contingency plans to keep the project on schedule. 4.6 Identify Financial Needs HDR maintains a detailed database of potential grant programs that is maintained on a regular basis. We identify grant cycles and types of qualifying projects to streamline the process of aligning projects with potential funding sources. We will use this information to help identify financial needs and funding programs. We will also identify other potential funding sources, such as establishing a business district and developer fees, that could supplement these funding programs. 4.7 Create Implementation Strategy The goal of the implementation strategy is to provide a roadmap for moving the project forward beyond the final design phase, including ROW, CEQA, and construction engineering design. To help demonstrate to the community the City’s commitment to moving elements of the project forward, identifying a pilot project or a tactical urbanism demonstration project will be a first step in the implementation phase. The implementation plan will include key touch points with the community, OCTA, and other stakeholders, and will include a strategy for connecting this project and future phases to other bicycle and pedestrian corridors that connect Santa Ana to larger, regional networks. Clear funding mechanisms for construction and/or development of future phases will be critical to move the project forward. The implementation strategy will integrate the funding programs identified in Task 4.6 and will identify opportunities to coordinate with Caltrans, OCTA, other local agencies (such as Tustin, Fountain Valley) to maximize funding opportunities. On a broader scale, the implementation plan will include maintenance and operations considerations such as cost, funding, and timing. Should the final recommendations include a phased implementation approach, the implementation plan will address timing of plan elements such as pilot/ tactical urbanism projects, immediate term improvements, near term solutions (reflected in final design), and long term solutions (not included in the final design due to requiring a longer design timeline or not being fundable through REAP). 4.8 Environmental Clearance An Initial Study is anticipated to take approximately 9 to 12 months. Since the project is anticipated to be designed within the existing curb-to-curb width and focus on improving multimodal options, the project could be categorically or statutorily exempt under CEQA, which would be determined during development of project alternatives. Task 5: Plan Production and Approval Engineering documents will be submitted at the 30%, 60%, 90%, 100%, and bid ready phases of the project, as shown in Table 1. Due to the project’s expedited timeline, beginning final engineering design after the locally preferred alternative is selected may create challenges in meeting the schedule. To address this, HDR will initiate the 30% and 60% engineering documents alongside the concept development phase. HDR will focus on elements that are consistent across each alternative and begin designing those specific components. This approach allows for a “head start” on the 90% and 100% designs once the preferred alternative is determined. Our team has successfully employed this method on two local design projects: the Newport Boulevard Improvements Project for the City of Newport Beach and the South Coast Drive Improvement Project for the City of Costa Mesa, where up to 12 months of the project schedule was overlapped to accommodate accelerated timelines. HDR has identified three potential levels of design effort that may occur depending upon the selected alternative. Each has unique benefits and challenges related to on-schedule delivery of the final engineering package. Level 1: Striping and Signal Modifications Only Benefits: Existing median and curb lines remain in place, and changes to the roadway configuration are accomplished through striping or non-physical modifications. Minimal design effort can be completed within the accelerated schedule. Challenges: Vehicle, bus, and bicycle lane configurations are constrained by the existing curb features. MAJOR DELIVERABLES Base Mapping 30%60%4 90%4 Draft 100%4 Final Plans OUTREACH & CONCEPTUAL PLANNING Community/Stakeholder Engagement Design Alternatives Refinements Ongoing Community Engagement FINAL ENGINEERING1 Title Sheets, Notes, and Sections Plan Sheets & Details Striping Traffic Signals/Electrical Roadside Signs Landscaping Traffic Control Plans Utility Identification2,3 Median Detailed Design2,3 Curb/ADA Design3 Drainage Design3 Estimates Concept level Specifications 1 Required for Levels 1-3 2 Required for Level 2: Striping and signal modifications + median curb modifications 3 Required for Level 3: Striping and signal modifications + median curb + outside curb/sidewalk modifications 4 City design reviews of PS&E at 60% and 90% only. At 100%, City to confirm that 90% comments have been addressed. No design reviews for the Draft 100%; this phase is used to prepare documents for bid. Table 1: Engineering Deliverables INCLUDED IN SUBMITTAL PACKAGE City Council 18 – 41 5/20/2025 City of Santa Ana | First Street Multimodal Boulevard Study RFP NO. 25-029 | B. Services Provided 09 TASK 1 •Monthly invoices and progress reports •Project Management Plan •Kick-Off Meeting agenda and notes •PDT meeting materials, agendas, and notes •Meeting/technical workshop materials, agendas, and notes •REAP grant reporting methodology and plans SCOPE OF WORK DELIVERABLES TASK 2 •Existing Conditions Technical Memorandum •Existing Bicycle and Pedestrian Facilities Map •Existing Microsimulation Model and Video-Based Conflict Technical Memorandum •Equity Analysis Technical Memorandum TASK 3 •Outreach and Engagement Plan •Quarterly Stakeholder Group Meetings •Up to three Community Working Group Meetings •32 Ward and/or Neighborhood Group Meetings •Six City Council meetings •Website, social media campaign, and online survey •Up to four sets of educational materials, including newsletters/ email blasts, fact sheets, FAQs, and brochures •Three rounds of Community Workshops and up to 10 Community Pop-up Events •Outreach and Engagement Summary Report TASK 4 •Constraints and Opportunities Matrix and Technical Memorandum •Alternative Conceptual Layouts and Alternatives Summary Technical Memorandum •Programmatic Cost Estimates •Alternatives Evaluation and Feasibility Technical Memorandum •Master Project Risk Register •Funding Strategies Technical Memorandum •Implementation Strategy and Schedule Technical Memorandum •Final Feasibility Study •CEQA Documentation TASK 5 •Draft PS&E Package (30%, 60%, 90%, and Draft 100%) •Final 100% PS&E Package and Construction Funding Needs Summary Level 2: Striping and Signal Modifications + Median Curb Modifications Benefits: Modifying the median curb provides added flexibility for vehicle, bus, and bicycle lane configurations. Challenges: The preferred alternative would need to be selected and approved by Council in early December 2025 to allow sufficient time to complete detailed engineering design of the median curb modifications. Level 3: Striping and Signal Modifications + Median Curb + Outside Curb/Sidewalk Modifications Benefits: This option provides maximum flexibility for vehicle, bus, and bicycle lane configurations. Challenges: Additional time beyond the Project’s 12-month duration is needed for the extensive detailed design required for outside curbs, ADA compliance, drainage inlets, and utility adjustments. Two delivery options can be considered: Option 1: Provide sufficient detailed design at the 100% submittal that is suitable for contractor bidding. During the bidding and early phases of construction, detailed design will be completed in phases to coincide with construction sequencing. For example, detailed design for the west half of the corridor can be completed during the bidding phase. Once construction starts on the west half, the design for the remaining east half of the corridor can be completed. Option 2: Provide sufficient detailed design at the 100% submittal suitable for contractor bidding. All work associated with the outside curb construction would be handled as a second phase of the project and will not be included in the final design package. 5.1 Draft Plan / 5.2 Draft Final Plan / 5.3 Final Plan Engineering documents will be submitted at the 30%, 60%, 90%, 100%, and bid ready phases of the project. Documents will be prepared using the following standards, but not limited to: •Santa Ana Public Works Standard Plans •Santa Ana Computer-aided drafting (CAD) Standards •2024 Greenbook Standard Specifications for Public Works Construction HDR will also coordinate with the City to determine if applicable pavement management strategizes from the City of Santa Ana Public Works 2024 Pavement Management Plan can be incorporated into the project. To promote a green initiative, plans, specifications, and estimates (PS&E) will be delivered in electronic format unless otherwise requested by the City. Comments and resolution will be conducted via Bluebeam. Task 6: Contingency HDR will allocate a 10% PM contingency for miscellaneous project-related issues. Implementation Plan Our extensive complete streets planning and design experience in Southern California allows the HDR team to present the City an aggressive but realistic schedule for project delivery. Our proposed schedule is outline in Figure 3 on the following page. At all phases of the project, a detailed quality control (QC) process will be integrated into the delivery schedule. Early keys to success include: •The City identifying members for the Agency Project Oversight, CBO, and other stakeholder groups prior to contract execution so meetings can begin early in the process •Scheduling the kick-off meeting within 2 weeks of contract execution and using this meeting to conduct a field tour and discuss key issues and vision for the corridor •Maintaining regular touch points with City Council to provide updates and input from the community, allowing for concept development to move forward and reducing risk of design changes at the December 2025 Council Meeting to approve the locally preferred alternative •Conducting initial LiDAR survey, field work, and data collection within one week of the kick-off meeting •Utilizing the detailed LiDAR survey in all phases to streamline the transition from 30% concept development to 60% final engineering design City Council 18 – 42 5/20/2025 10 Our integrated outreach, concept development, and final engineering schedule overlaps key tasks in the scope of work, allowing the team to conduct a thorough outreach and engagement process designed to selected a locally preferred alternative that reflects the needs of the community and the intent of the REAP 2.0 grant. See page 17 for more information on each phase of our outreach and engagement process. City of Santa Ana | First Street Multimodal Boulevard Study RFP NO. 25-029 | B. Services Provided 2025 2026 MAY JUN JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY #TASK NAME START WEEK END WEEK DURATION 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 1. PROJECT MANAGEMENT 5/5/25 5/25/26 56 weeks 1.1 Administration and Project Management 5/5/25 5/25/26 56 weeks 1.2 Kick Off Meeting and Project Development Team Meetings 5/12/25 5/18/26 14 meetings 1.3 Agency Project Oversight 5/26/25 5/18/26 10 meetings 1.4 REAP Reporting 5/5/25 5/25/26 56 weeks 2. EXISTING CONDITION ANALYSIS AND ASSESSMENT 5/12/25 7/7/25 9 weeks 2.1 Existing Conditions 5/12/25 6/2/25 4 weeks Data Collection 5/12/25 6/2/25 4 weeks Field Investigation 5/26/25 6/2/25 2 weeks Base Mapping 5/12/25 6/2/25 4 weeks 2.2 Existing Multimodal Facilities Map 5/26/25 6/23/25 5 weeks 2.3 Existing Corridor Model 6/16/25 7/7/25 4 weeks 2.4 Equity 6/30/25 7/7/25 2 weeks 3. OUTREACH AND ENGAGEMENT 5/19/26 5/25/26 54 weeks 3.1 Targeted Stakeholder Meetings 5/19/25 5/25/26 30 weeks Community Analytics/Equity Atlas & Establish CBO/Stakeholders 5/19/25 6/30/25 7 weeks CBO and Stakeholder Meetings 7/14/25 5/25/26 15 weeks City Council Presentation 7/14/25 5/25/26 6 meetings 3.2 Website, Social Media and Surveys 5/19/25 5/25/26 54 weeks WEBSITE SURVEY 3.3 Community Workshops 7/14/25 11/17/25 9 weeks WORKSHOP DESIGN CHARRETTE OPEN HOUSE 3.4 Community Events 7/14/25 12/8/25 22 weeks ATTEND POP UP EVENTS 4. CONCEPTUAL PLANNING 7/7/25 3/2/26 35 weeks 4.1 Identify Opportunities and Constraints 7/7/25 8/18/25 7 weeks 4.2 Proposed Alternatives 8/4/25 10/6/25 10 weeks DEVELOP/DESIGN 3 ALTERNATIVES 4.3 Programmatic Cost Estimates 9/22/25 12/15/25 8 weeks 4.4 Alternatives Evaluation and Feasibility Study 9/8/25 1/26/26 21 weeks ALTERNATIVES EVALUATION PREFERREDALTERNATIVE FEASIBILITY STUDY 4.5 Risk Register 10/20/25 11/3/25 3 weeks 4.6 Identify Financial Needs 12/8/25 12/15/25 2 weeks 4.7 Create Implementation Strategy 12/8/25 12/15/25 2 weeks 4.8 Environmental Clearance 12/8/25 3/2/26 13 weeks 5. PLAN PRODUCTION 8/18/25 5/25/26 41 weeks 5.1 Draft Plans 8/18/25 12/1/25 16 weeks 30% DESIGN FOR3 ALTERNATIVES PREFERREDALTERNATIVE 5.2 Draft Final Plans 11/24/25 4/20/26 22 weeks 60% DESIGN OFPREFERRED ALTERNATIVE CITY REVIEW 90% DESIGN CITY REVIEW 5.3 Final Plans 4/27/26 5/25/26 5 weeks 100% DESIGN CITY REVIEW Figure 3: Project Schedule NTP REFINEMENTS OCT. 2025 - DEC. 2025 PHASE3PHASE2 DESIGN ALTERNATIVES JULY 2025 – SEPT. 2025 PHASE1 COMMUNITY & STAKEHOLDER INPUT MAY 2025 – JUNE 2025 PHASE4 ONGOING COMMUNITY ENGAGEMENT DEC. 2025 - MAY 2026 City Council 18 – 43 5/20/2025 Agreement StatementC City Council 18 – 44 5/20/2025 City of Santa Ana | First Street Multimodal Boulevard Study RFP NO. 25-029 | C. Agreement Statement 11 C. Agreement Statement Contract Exceptions HDR has reviewed the Sample Agreement provided as Exhibit II of the RFP. HDR has no exceptions to sample contract. Litigation Status In today’s legal environment, claims and litigation are a reality for any large company in the industry, regardless of performance or merit. When claims do occur, we are proactive and cooperative in reaching a resolution that is fair and reasonable to all. We value the confidences of our clients as well as our contractual commitments to confidentiality, and do not discuss with third parties the circumstances involving ongoing projects. We would take the same position with information regarding our work on this contract. If necessary, we would be willing to meet in person with you to discuss the merits or background of past claims. However, there are no claims or litigation that could impede our ability to perform this project, and we have maintained professional liability insurance in force continually since 1958 for the protection of us and our clients. Conflict of Interest To the best of our knowledge and belief, HDR is not aware of any past, ongoing, or potential conflicts of interest that may result from performing work for this project. City Council 18 – 45 5/20/2025 Firm and Team ExperienceD City Council 18 – 46 5/20/2025 City of Santa Ana | First Street Multimodal Boulevard Study RFP NO. 25-029 | D. Firm and Team Experience 12 Firm Profile Founded in 1917, HDR is an employee-owned engineering, architecture, and consulting firm that has been a part of the Southern California landscape since 1973. With offices across Southern California, we provide the City with access to more than 550 local staff supported by over 13,000 employee-owners in over 220 locations worldwide. We are a 100% employee-owned firm with a culture that upholds strong accountability to ourselves and each other. This culture extends to how we treat those outside the company, driving us to make thoughtful decisions in the interests of our clients and communities. Our responsiveness, proven depth of resources, and strong local presence have contributed to efficient and effective transportation solutions for hundreds of projects across Orange County. Strength and Stability Since becoming employee-owned in 1996, HDR has not merged with or been acquired by any other companies. We take pride in this strategic plan to remain independent, subsequently bringing consistency and strength to our operational efficiency. We have established strong risk controls and are committed to managing our company with an eye toward long-term financial health and stability. This commitment has enabled us to thrive for over 100 years in every economic environment and allows us to be a reliable partner for our clients. Our financial statements are prepared and audited annually by Ernst & Young LLC. We are financially sound with gross revenues of $3.5B, a current working capital ratio of 2.15, and stockholders’ equity of $0.76B (2023). There is no bankruptcy, pending litigation, planned office closure, or impending merger that would impede our ability to complete this project. Organization Type: CorporationYear founded 1917 13,000+ Employees worldwide 600+ Employees in Southern CA HDR Quick Facts Offices including Irvine, San Diego (2), Long Beach, Los Angeles, Riverside, Claremont, and Ventura 225+ 1,500+ Transportation engineering and planning staff in U.S. Multimodal Expertise At HDR, we connect with communities and local agencies to design projects that improve mobility and connectivity while also focusing on safety. Our team of multidisciplinary experts bring their expertise and lessons learned from similar multimodal corridor projects — giving the City the benefit of other communities’ experiences — while also understanding the context and history to plan a corridor that seamlessly integrates into its surrounding communities. Our team also brings a thorough understanding of balancing modes within the existing built environment - from integrating cycle track to designing Class I paths to integrating a state of the art BRT system including the design BRT system requirements, operations, and administration. We provide in-depth experience with alternatives analysis, operational analysis, multimodal analysis, transit, service planning, station/stop site assessment, environmental clearance, as well as a strong background in understanding the impact and benefits of complete streets projects on customers, neighborhoods, and local businesses. HDR has a deep bench of multimodal transportation planners and engineers with local and national experience developing multimodal plans and transportation assessments for cities within heavily populated regions. Our work helps clients improve mobility, prioritize road user safety, enhance transit connectivity, and create a more integrated transportation system to help communities thrive. Table 2 on the following page highlights a selection of our most relevant project experience. D. Firm and Team Experience 150+ Transportation engineering and planning staff in California LOCAL ADDRESS 3220 El Camino Real, Suite 200 Irvine, CA 92602 HEADQUARTERS ADDRESS 1917 S 67th Street Omaha, NE 68106 PROJECT MANAGER Dawn Wilson, PE, TE Principal Transportation Project Manager dawn.wilson@hdrinc.com 760.560.6605 City Council 18 – 47 5/20/2025 City of Santa Ana | First Street Multimodal Boulevard Study RFP NO. 25-029 | D. Firm and Team Experience 13 Relevant Project Experience Table 2: Relevant Project Experience Table 2 below outlines our recent relevant experience as it relates to the anticipated scope, project elements, and goals of the First Street Multimodal Boulevard Study. Further information for each of these projects is provided on the following page. RELEVANT PROJECT DESIGN ELEMENTS RELEVANCE TO SCOPE OF SERVICES TASK 1 PROJECT MANAGEMENT TASK 2 EXISTING ANALYSIS AND ASSESSMENT TASK 3 OUTREACH AND ENGAGEMENT TASK 4 CONCEPTUAL PLANNING TASK 5 PLAN PRODUCTION CLIENT/PROJECT Bikeway DesignADA Compliance/Pedestrian ConnectivityTransit/Bus PriorityTraffic Signal/ITSRoadway EngineeringLandscaping/Water Quality TreatmentMicrosimulationTravel Demand ForecastingAdministration/Project ManagementKick-Off and PDT MeetingsAgency Project OversightGrant ReportingExisting ConditionsExisting Multimodal Facilities MapExisting Corridor ModelEquityTargeted Stakeholder MeetingsWebsite, Social Media, and SurveysCommunity WorkshopsCommunity EventsIdentify Constraints and OpportunitiesProposed Alternatives DevelopmentProgrammatic Cost EstimatesAlternatives EvaluationRisk RegisterIdentify Financial NeedsImplementation StrategyFeasibility StudyEnvironmental Clearance30% Design60% - 90% Design100% Design/Bid DocumentsCity of Santa Ana Fairview Street Design Services and Bridge Replacement OCTA South Orange County Multimodal Transportation Study OCTA SR 55 Widening PS&E City of Laguna Beach Laguna Canyon Road PSR-PDS City of El Monte Valley Boulevard Complete Street Feasibility Study* LA Metro Lakewood/Rosemead Corridor Enhanced Transit Assessment LA Metro North Hollywood to Pasadena BRT City of Culver City Transportation Planning On-Call, Various Task Orders San Joaquin County DPW Country Club Boulevard Complete Streets Corridor Plan *Previous project of Dawn Wilson City Council 18 – 48 5/20/2025 14 City of Santa Ana | First Street Multimodal Boulevard Study RFP NO. 25-029 | D. Firm and Team ExperienceVALUE TO CITY OF SANTA ANA HDR is highly familiar with City and regional design standards for roadway/bridge projects in the City of Santa Ana, enabling the HDR team to hit the ground running with a minimal ramp-up period. City of Santa Ana, Fairview Street Design Services and Bridge Replacement | Santa Ana, CA This 1,200-foot-long project will widen Fairview Street from four lanes to six lanes between 9th Street and 16th Street and includes replacing the 425-foot-long bridge over the Santa Ana River. The project proposes 8-foot sidewalks over the Santa Ana River to enhance pedestrian comfort and accessibility, 5-foot shoulders that function as bike lanes, and a 4-foot median for improved safety. HDR initially assisted the City in developing the preliminary scoping documents and funding strategy for this HBP-funded project. We also provided street design services from 9th Street to 16th Street, environmental clearance, hydraulic analysis, type selection, bridge and roadway design, utility coordination, and regulatory permit assistance. Currently, we are supporting the City in the construction of the project. HDR Personnel: Hank Nguyen, Nathan Johnston | Dates: 2015 - Ongoing City of Laguna Beach, Laguna Canyon Road (SR 133) Project Study Report-Project Development Support (PSR-PDS) | Laguna Beach, CA HDR delivered a multimodal, complete streets-oriented plan for a portion of SR 133 in 18 months, including gaining Caltrans approval of methodology and ultimate configuration. HDR conducted alternative analysis of multimodal improvements that allowed the PDT to compare improvements and determine which alternative would provide the highest level of benefits to the modes within the corridor. The proposed improvements include construction of bicycle paths that can also be used for emergency lanes; construction of pedestrian pathways/ sidewalks; improving/widening shoulders; undergrounding overhead utility lines outside the travel way; introducing signalized intersections at select locations and cross streets; and improving access to bus stops. HDR Personnel: Doug Smith, Rohit Itadkar, Steve Crouch | Dates: 2017 - 2022 OCTA, South Orange County Multimodal Transportation Study (SOCMTS) | Orange County, CA The SOCMTS recommends a long-range vision for the transportation system in South Orange County by identifying potential multimodal transportation improvements and adopting a new Locally Preferred Strategy. The process included documenting existing and future multimodal transportation system conditions, identifying transportation deficiencies, developing a Purpose and Need statement, and screening a range of conceptual improvement strategies. This process relied heavily on input from advisory committees, stakeholders, and the public to develop consensus-based recommendations. In total, 7 public events were hosted, engaging nearly 700 members of the community. The outreach process reached more than 400,000 people, which resulted in a total of 2,381 surveys collected. HDR Personnel: Marie Lewis Adams, Doug Smith, Joel Lessard-Clouston, Michael Gorton, Anders Burvall | Dates: 2019 - 2022 OCTA, SR 55 Widening PA&ED and PS&E (I-405 to I-5) / SR 55 Widening PS&E (I-5 to SR 91) | Orange County, CA HDR led the final design for two segments of the SR 55 Widening project. Between I-405 and I-5, SR 55 will be widened in both directions, passing through the City of Santa Ana with improvements to local roads at MacArthur Boulevard, Dyer Road, Edinger Avenue, Ritchey Street, Newport Avenue, and Pullman Street. Between I-5 and SR 91, multiple locations of SR 55 will be widened in the cities of Santa Ana, Orange, and Tustin. Improvements include reconstructing the curb returns to comply with current ADA standards, designing appropriate widths and slopes for curb ramps and intersection crossings, and widening the streets to accommodate standard lane and shoulder widths. For I-405 to I-5, a Context Sensitive Complete Street Design was implemented, adding multimodal facilities such as Class II bicycle lanes and pedestrian sidewalks. HDR Personnel: David Lew, Hank Nguyen, Garrett Kaya, Melissa Rodriguez, Rebecca Shum, Damian Rodriguez, Alondra Villegas, Abby Pham, Danny Mendoza | Dates: 2015 - Ongoing (I-405 to I-5); 2022 - Ongoing (I-5 to SR 91) City of El Monte, Valley Boulevard Complete Streets Feasibility Study | El Monte, CA Dawn Wilson led a team to develop concepts for integrating Class IV bicycle lanes, queue jumps, transit signal priority, and safety improvements along Valley Boulevard in El Monte. The project required bi-weekly coordination with City staff to update progress, budget, and upcoming events. Technical analyses included intersection reconfigurations, parking impacts, and multimodal considerations. Recommended improvements included enhanced bike lanes, pedestrian crossings, parking modifications, and streetscape upgrades. A robust community engagement program focused on pop-up events, farmers’ markets, and local business outreach. After City Council approval, Dawn led the ATP grant application for engineering funding and coordinated with SGVCOG and Metro on regional transit improvements. HDR Personnel: Dawn Wilson (prior to joining HDR) | Dates: 2022 - 2023 LA Metro, Rosemead-Lakewood Boulevard Enhanced Transit Feasibility Study | Los Angeles County, CA HDR assisted LA Metro and the City of Pico Rivera in evaluating the potential for enhanced bus services along the Rosemead-Lakewood Boulevard corridor from Long Beach to Pasadena. HDR prepared a summary of regional coordination issues, drafted an implementation schedule, and assisted with extensive coordination between LA Metro, Long Beach Transit, and several cities along the corridor. The study included an existing corridor conditions assessment, development of transit priority/BRT alternatives, detailed evaluation of three alternatives, and an evaluation of potential ridership and corridor benefits. HDR successfully obtained consensus from all agencies on a draft conceptual project that includes transit priority and dedicated lanes. HDR Personnel: Marie Lewis Adams, Doug Smith, Garrett Kaya, Joel Lessard-Clouston | Dates: 2022 - 2023 LA Metro, North Hollywood to Pasadena BRT | Los Angeles County, CA HDR is completing the final design for the 18-mile North Hollywood to Pasadena BRT line, which is anticipated to attract approximately 30,000 daily riders and provide a vital link to jobs, entertainment, and transit connections throughout the region. The design incorporates mixed-flow lanes and dedicated bus lanes, along with 22 stations featuring side, curb, and center-running platforms. HDR is working closely with the contractor during each design phase and identifying early action work items to accelerate the project’s opening date. HDR is integrating multimodal enhancements into the roadway design, including features for pedestrians, bicycles, and upgraded local transit stops. HDR is also assisting in the design and implementation of TSP along the entire corridor. HDR Personnel: Hank Nguyen, Tham Nguyen, Garrett Kaya, Steve Gaskill, Melissa Rodriguez, Alondra Villegas, Henry Tong, Abby Pham | Dates: 2024 - Ongoing City of Culver City, Transportation Planning On-Call - Various Task Orders | Culver City, CA HDR is collaborating with the City of Culver City to create strategies, messaging, and presentations that engage key agency partners to build support for key transportation planning initiatives and pursue funding opportunities. We supported the Downtown Corridor Quick-Build Mobility Lane Project as part of the MOVE Culver City (MCC) Program, which is intended to facilitate the efficient movement of people, raise public awareness and acceptance of dedicated transit lanes, improve transit travel time and reliability, and improve access for cyclists and scooter riders. To sustain program momentum, HDR also supported post-implementation monitoring of the MCC Downtown Pilot Project by researching bicycle counter technology to identify solutions that best fit Culver City’s needs. HDR Personnel: Naomi Iwasaki, Juan Carlos Erickson, Marie Lewis Adams, Tham Nguyen, Steve Gaskill, Joel Lessard-Clouston, Allyson Jeffers | Dates: 2023 - Ongoing San Joaquin Department of Public Works, Country Club Boulevard Complete Streets Corridor Plan | San Joaquin County, CA This ATP-grant-funded project provided San Joaquin County with strategies for active transportation improvements that address safety, connectivity, and mobility concerns for pedestrians, bicyclists, and transit users, all while creating a unique identity for the corridor. HDR performed an existing-conditions analysis including a site walk with the team and public outreach to gather data from the community by attending community gatherings and holding outreach events. We developed six design concepts and both a qualitative and quantitative scoring analysis to rank the concepts. Alternatives were laid out to determine the specific improvement recommendations. We further supported the project by developing the project design and construction funding options and then completing a draft and final plan. HDR Personnel: Rory Renfro, David Petree, Alexis Plancarte, Susan Sugnet, Kolton Kammerer | Dates: 2022 - 2023 This project demonstrates HDR’s experience carrying out an extensive outreach program in Orange County to identify/ prioritize multimodal transportation needs and develop recommendations that reflect the needs of the community. HDR has been coordinating with City of Santa Ana engineering staff on design reviews for local street improvements, offering continued consistency and collaboration which will be critical to maintaining the project schedule. This project highlights one of Project Manager Dawn Wilson’s many successful complex complete streets projects that evaluated feasibility, developed design concepts, and incorporated a robust community engagement program. HDR excels at delivering planning and technical analysis for high-quality transit service along commercial corridors. We understand the challenges working in the local environment and the tools needed to clearly convey alternatives to the community. HDR is nationally recognized for our BRT design and transit planning services. We bring the right expertise to identify solutions that integrate buses and bicycles in dedicated lanes to achieve a true multimodal corridor on First Street. Quick-build projects are an effective way to gain public interest and support for long-term solutions. HDR’s experience with quick build installations for the MCC project is directly applicable to opportunities for a demonstration project on First Street. An example of HDR’s complete streets work beyond Southern California, Country Club Boulevard is an example of a highly successful corridor plan with many of the same features and scope elements as First Street. The final plan can be viewed here. HDR is well-versed in analyzing complete streets alternatives that include integration of new bicycle and pedestrian facilities. Our team members are highly skilled in developing effective outreach materials that allow for easy comparison of project alternatives. City Council 18 – 49 5/20/2025 15 City of Santa Ana | First Street Multimodal Boulevard Study RFP NO. 25-029 | D. Firm and Team Experience Our team is backed by the matrix organization of HDR, which provides an extensive network of highly skilled technical experts available to provide strategic advice and additional resources to the City as needed. Team Organization HDR will leverage our well-structured team, outlined in Figure 4, to carry out the effort needed for this project. HDR acknowledges that no person assigned to the project shall be removed or replaced without the prior written concurrence of the City. Key Personnel Our team will be led by Project Manager Dawn Wilson, an expert in the planning and design of multimodal corridors that has completed more than 20 complete streets projects over the past 15 years. Most of Dawn’s projects have been funded through various grant programs and have been located along commercial corridors similar to First Street. She is passionate about working with community members and stakeholders to identify critical issues influencing local travel behaviors and developing implementable solutions to overcome them. Dawn will be the primary point of contact for the City. Dawn will work closely with Task Leads Naomi Iwasaki (Stakeholder/Community Outreach and Engagement) and David Lew (Design) in managing the overall HDR team. Naomi is a nationally recognized transportation equity leader with 20 years of management and leadership experience in multimodal planning and project delivery, transportation policy, streetscape improvements, and infrastructure funding. David has over 30 years of transportation experience and has spent the majority of his career managing and delivering PS&E projects, earning a strong reputation for his responsiveness and dedication to client satisfaction. As part of the OCTA SR 55 Widening project, David has collaborated closely with City of Santa Ana staff to design street improvements along 17th Street, 4th Street, MacArthur Boulevard, Dyer Road, and Edinger Avenue. His familiarity with City standards and processes will guide the HDR team in meeting the expedited design schedule. Dawn, Naomi, and David will work directly with the City. They will be supported by nine additional key personnel and over 40 support staff. Each team member has been carefully selected due to their relevant project experience, familiarity with the local area, and availability. Resumes for key personnel resumes and brief qualifications for support staff are provided in Appendix A. Subconsultants HDR is joined by the following subconsultant partners who have extensive experience working with the City and local agencies within Orange County. We have formed strong working relationships with these firms through many successful projects, and we trust their consistent delivery of quality work. Qualifications for subconsultant staff can be found in Appendix A. •Cityworks Design (CD) - Pedestrian/Bicycle Concept Development •Costin Public Outreach Group (CPOG) - Stakeholder/Community Outreach and Engagement •Estolano Advisors (EA) - Transit-oriented Development (TOD)/Land Use Planning •GUIDA (GUI) - Surveying/Mapping HDR will work hand-in-hand with CPOG to execute the comprehensive outreach program for this project. Many CPOG team members have first-hand career experience conducting community outreach while working for local governments such as the cities of Santa Ana and Anaheim, and transportation agencies such as OCTA. Their staff regularly coordinate with the City of Santa Ana, from weekly construction meetings to non-scheduled interactions to keep them informed on outreach activities as part of the project’s Focus on 55 Business Program. Additionally, their strong working relationship with the City of Santa Ana’s Public Information Officer, Paul Eakins, will be critical to the success of this project. Staff names listed are HDR unless otherwise noted. Dawn Wilson, PE, TE PROJECT MANAGER Steve Crouch, PE QUALITY MANAGER Dina Rochford PRINCIPAL-IN-CHARGE Mark McLaren - Transit Infrastructure Eric Rouse - Financial Strategy Rory Renfro - Active Transportation TECHNICAL ADVISORS Task Lead Naomi Iwasaki Community Engagement Juan Carlos (JC) Erickson Sara Costin Mockus (CPOG) Karen Higareda Tham Nguyen Allyson (Ally) Jeffers Jurisdictional/CBO Coordination Bridget Hennessey Erin Ryan (CPOG) Graphic Design/Visualization Susan Sugnet Kolton Kammerer Michael Nájera, ASLA, ENV SP (CD) Alyssa Trautz (CPOG) Website/Social Media Christina Rodriguez Shea Saladee Community Analytics Vanessa Bauman, GISP Arriana Jones STAKEHOLDER/COMMUNITY OUTREACH AND ENGAGEMENT Task Lead David Lew, PE Roadway Design Hank Nguyen, PE Nathan Johnston, PE Traffic Engineering/Traffic Control Plans KT Tang, PE Alondra Villegas, PE Multimodal Integration Melissa Rodriguez, PE Abby Pham ADA Compliance Garrett Kaya, PE Damian Rodriguez, EIT Project Specifications Henry Tong, PE DESIGN Cost Estimating Rebecca Shum, PE Surveying/Mapping Tim Fettig, PLS (GUI) Right of Way Danny Mendoza GIS/Mapping Anders Burvall Landscape Architecture Adrian Suzuki, RLA Constructability Reviews Hank Alonso, PE SUPPORT SERVICES Task Lead Dawn Wilson, PE, TE CONCEPTUAL PLANNING Modeling/Forecasting Michael Gorton, AICP Microsimulation Analysis Gene Kim, PE, TE, RSP1 Alexis Plancarte, EIT Technology/ITS Rohit Itadkar, PE, TE David Petree, EIT Environmental Analysis George Gorman TOD/Land Use Planning Winnie Fong (EA) Riley O’Brien (EA) Funding/Grant Strategy Robert Yates Joel Lessard-Clouston, AICP Equity Naomi Iwasaki Elizabeth Ha CD Cityworks Design CPOG Costin Public Outreach Group EA Estolano Advisors GUI GUIDA Key Personnel Fluent in Spanish Fluent in Vietnamese Multimodal Concept Development Doug Smith, PE, RSP1 - Traffic Marie Lewis Adams, AICP - Bus/BRT Lisa Padilla, RA, AICP, LEED AP (CD) - Pedestrian/Bicycle Steve Gaskill, PTP - Data Analysis Joel Lessard-Clouston, AICP - Reporting/Support Figure 4: Organization Chart City Council 18 – 50 5/20/2025 Proposed Work PlanE City Council 18 – 51 5/20/2025 City of Santa Ana | First Street Multimodal Boulevard Study RFP NO. 25-029 | E. Proposed Work Plan 16 Project Understanding A REAP 2.0 grant was submitted by OCTA on behalf of City of Santa Ana, with the goal of transforming First Street from its current auto-centric design to an integrated, multimodal corridor that reflects the needs of the community. Having downgraded the roadway from six lanes to four lanes in the Mobility Element and removing First Street from the OCTA Master Plan of Arterial Highways (MPAH), the City is well positioned to move forward with this transformative change. These changes to City planning documents demonstrate the City’s support for improving multimodal access and providing the capacity needed to integrate a dedicated space for non-automobile users. However, before we can develop solutions, we must first identify the current mobility challenges and barriers along First Street. The following key issues have been identified based on a preliminary site assessment and field visit. Lack of Bicycle Facilities There is a 4’ striped shoulder that is not an existing bicycle lane. There is also a lack of bicycle storage facilities such as racks or lockers. Bicyclists were regularly observed riding on the sidewalks, indicating a discomfort riding with traffic. Curb Cuts/Non-ADA Compliant Curb Ramps Driveways are potential conflict points between vehicles and non- motorized users. Clear line of sight and a continuous path of travel for pedestrians will be key considerations when identifying solutions for the corridor. This is also critical at intersections, where there appears to be a mix of compliant and non-compliant ramps. Distances Between Controlled Crosswalks In a downtown setting, 0.25 miles is the ideal spacing for marked crossings. In a more suburban setting, 0.50 miles can be considered acceptable. When crossings are infrequent, pedestrians and bicyclists will cross at uncontrolled and unmarked locations unexpectedly, creating safety concerns. To connect housing with goods and services, the study should consider mid-block crossings at select locations and should be aligned with low-income housing projects, high-volume transit stops, and high-volume activity centers. Challenging Crossings at Signalized Intersections At 84’, a typical pedestrian will require approximately 28 seconds to cross First Street. While some of the larger intersections have left turn phasing for vehicle traffic, smaller streets like Standard Street only have a “green ball” indication for permissing left turns. This creates a conflict point between vehicles turning left onto First Street and pedestrians in the crosswalk. This configuration can be a safety concern and should be looked at closely to determine if there has been a history of pedestrian-involved crashes or near misses. Leading pedestrian intervals and narrowing the road with bus islands and other features can be used to help reduce crossing distance, increase awareness of pedestrians, and improve overall safety. Bus Performance and Rider Experience With more than a million boardings in FY 19-20, OCTA Bus Route 64 runs along First Street and is one of the highest volume transit routes in Orange County according to the Santa Ana Transit Cooperative Study. Observations along the corridor indicated that throughout the day, passengers are waiting for the bus at most stops along First Street. Repurposing the outside lane as a transit lane may help improve transit performance through the City. While the Transit Study evaluated the potential benefits of queue jump lanes, transit signal priority, and other features, the opportunity to further explore a dedicated bus lane or a shared bus bicycle lane could help address bus delay issues and address potential conflicts between buses and bicyclists. Regardless of the solution, the goal of this project will be to simplify access to transit stops and allow for the implementation of transit priority technology or signal improvements to improve overall transit performance, despite the loss of a travel lane on the corridor. The condition of, amenities at, and access to existing stops will also need to be fully reviewed, and will include recommendations to improve the quality of the rider experience and access to bus stops. Figure 6 on page 19 and Table 3 on page 20 further discuss the challenges, concerns, and potential solutions that HDR has identified for the corridor. REAP 2.0 is funded through the Coronavirus Fiscal Recovery Fund of 2021 and supplemental funding from the State General Fund. The purpose of the funding is to support transformative planning and implementation strategies that connect people to places. The goals include developing multimodal communities that reduce the reliance on the single occupant vehicle trip and provide opportunities to shift trips to transit, walking, and bicycling. In order to achieve the desired outcomes of this program, OCTA will be looking for transformative and impactful planning improvements that result in a change in trip behavior. Projects should also include both planning and implementation, including final engineering and environmental clearance, as well as future steps for funding, phasing, and an plan to move from vision to reality. Technical Approach Identifying barriers to mobility options and developing solutions that encourage non-automobile trips is the heart of this project. Given the grant deadline and the need to submit final plans in order for the City to be reimbursed for their investment, meeting the accelerated schedule will be the main driver of success. The HDR team is proposing a highly integrated approach that provides enough time for the public to have thoughtful and meaningful input on the vision and solutions for the corridor, while we work in parallel with the City’s engineering team in developing design plans that will move the projects towards reality. This section outlines our overall vision and approach to four key aspects of project delivery. E. Proposed Work Plan City Council 18 – 52 5/20/2025 City of Santa Ana | First Street Multimodal Boulevard Study RFP NO. 25-029 | E. Proposed Work Plan 17 Comprehensive, Thoughtful Community Engagement The HDR team has developed a four-phase approach to community engagement that will enable a transparent, inclusive, and community- driven design process while being mindful of the need to keep the schedule moving forward. By structuring the engagement process to build trust and foster collaboration, HDR’s approach will lead to a locally preferred design alternative that is technically sound and widely supported within the first six months. HDR will work closely with CPOG to execute the integrated outreach strategy outlined in Figure 5. This strategy involves engaging with diverse audiences and stakeholders early in the process and at multiple touchpoints during all stages of project development. Our first step will be to develop an Outreach and Engagement Plan with the City. We then recommend kicking off the project with a presentation to the City Council to affirm their commitment to the reduction in lanes, hear their vision for the corridor, and receive any new direction for the project team. With this in mind, we will then conduct outreach and engagement, allowing the design team to gather essential early feedback, continue sharing information, and move forward in the process through concept development. We understand the importance the Stakeholder Group will have in encouraging engagement and that it will be comprised of a mix of representatives from local government, education, business, and community-based sectors. Our proposal recommends an additional working group focused on CBOs from the Stakeholder Group. This Community Working Group would meet up to three times in addition to the quarterly Stakeholder Group, providing a space to share open and honest feedback with the team, coordinate targeted outreach, and support culturally and linguistically relevant written and visual materials. We will set aside budget to compensate these groups for this extra time, labor, and expertise. HDR will amplify its reach to a broader community through in-person events such as workshops, design charrettes, and open houses. We are also suggesting an additional round of meetings with the six wards and eight neighborhood associations, as well as including two additional neighborhood associations that aren’t listed in the RFP (Artesia Pilar and Central City), but may be impacted by their proximity to the project. Figure 5: Outreach and Engagement ProcessClear communication will be essential to success of the outreach program. The HDR team will utilize various communication strategies through different types of events and meetings, development of multilingual public outreach materials, creation of two-way communication channels, traditional and digital media, and more. We have identified staff from HDR and our teaming partners who are fluent in Spanish and Vietnamese. They will be highly familiar with the alternatives being developed and have the expertise to explain details of the project to the community in their preferred language. They will be available to help translate documentation, facilitate meetings, and perform other activities to verify that information is accessible to those who prefer to communicate in a language other than English. Community-Friendly Tools Currently, the First Street corridor carries between 20,000 and 36,000 vehicles per day, with the highest volumes on the west end of the corridor. The City has adopted LOS D as the standard, with a maximum LOS D capacity of 33,800 vpd for a four-lane divided roadway. Based on the existing roadway volumes, sections of First Street will fall below the LOS D standards. However, the objective of this project is to increase access to goods and services by improving pedestrian, bicycle, and transit facilities and reducing reliance on automobiles. Understanding level of service and quality of service can be challenging for the public. The same can be said about improvements drawn on a map in plan view, or asking the public to compare one alternative to another. While these methods are necessary to develop concepts, supplemental information is needed to help clarify benefits of the improvements and what they will realistically look like. HDR will use a suite of tools including VISSIM simulations, renderings, illustrative plan view drawings, and cross sections will help paint clear pictures of alternatives under consideration. These tools will be used in presentations, on the website, and at community events. HDR will work closely with Cityworks Design to develop public-friendly materials that clearly convey the concepts and recommendations developed for the project. REFINEMENTS In Phase 3, we will continue engaging the community and stakeholders while the design team refines the proposed alternatives based on their feedback. We will analyze input from previous discussions to identify common themes and priorities, allowing us to make informed adjustments that align the designs with the community’s needs and aspirations. OCT. 2025 - DEC. 2025 PHASE3 DESIGN ALTERNATIVES In Phase 2, we will present three design alternatives to the community for comprehensive discussion and feedback. We will encourage community dialogue and collaboration as we explore these options together. We will engage stakeholders, inform the City Council about our progress, and hold meetings to gather input to guide our final design decision-making process. JULY 2025 – SEPT. 2025 PHASE2 COMMUNITY & STAKEHOLDER INPUT Phase 1 focuses on establishing a strong foundation for equitable community dialogue and collaboration. We will engage stakeholders, present to the City Council, and hold initial meetings to gather input for the design team. MAY 2025 – JUNE 2025 PHASE1 ONGOING COMMUNITY ENGAGEMENT In this final phase, the design team will provide recommendations to the City council in December. We will provide ongoing community and stakeholder engagement to keep the community informed of what is happening and outline next steps. We will also address any community concerns as construction approaches. DEC. 2025 - MAY 2026 PHASE4 City Council 18 – 53 5/20/2025 City of Santa Ana | First Street Multimodal Boulevard Study RFP NO. 25-029 | E. Proposed Work Plan 18 Collaborative Decision Making Process Selection of the preferred alternative will be based on community input, a benefits and constraints analysis, and technical evaluation of the alternatives. The HDR team will use a suite of tools to demonstrate the operations and multimodal benefits, including delay, travel time, visual simulations, and non-motorized benefits. In addition, HDR will evaluate the operational benefits of a dedicated bus lane, potential bus islands, or other treatments identified in the alternatives analysis. HDR will develop a scoring matrix that will clearly evaluate the alternatives and provide this information to the community, stakeholders, CBOs, and City Council for consideration. Ultimately, HDR will deliver the tools and information needed to make informed decisions in selecting the preferred alternative. In addition to operational and multimodal benefits, the HDR team will conduct a community benefits assessment that demonstrates the identified improvements identified align with the goals of the grant. We will work closely with Estolano Advisors in evaluating land uses within the study area to provide recommendations that connect people with places. In addition, we will look at existing businesses and land uses to identify not only future residential land use opportunity areas, but also goods and/or services that can help the community thrive. They will also assist the HDR team in identifying potential mode shift indicators using community analytics data and other demographic data sources. Integrating land use and travel patterns with the recommended improvements will create a holistic understanding of the benefits of this project. Streamlined Design Program The primary challenge of this project is delivering a bid-ready design package within 12 months. If the traditional approach of completing tasks sequentially is followed, the project will require more than the 12 months allocated. To address this, the HDR team proposes overlapping certain tasks to complete the project within the required timeframe, as discussed in Section B. Most critical to this process is running design stages concurrent with community engagement. During Phase 1 of outreach, we will collect all necessary data for the project. To streamline the alternatives development and the final engineering for the project, the HDR team will prepare all design plans on a rectified basemap based on LiDAR technology. This method of developing the basemap yields highly detailed information from curb heights to drainage inlets to sign locations. During Phase 2 of outreach, the design team will develop all three alternatives to a 30% level on the base map. This will streamline the process of transitioning from 30% design to 60% design once a locally preferred alternative is selected. During Phase 3 of outreach, the design team will begin to develop the 60% plans. Dawn Wilson, HDR’s Project Manager, will oversee coordination of both the outreach and design teams, allowing the design team to begin engineering plans while simultaneously vetting the preferred alternative with the City and community. This approach has been successfully implemented by HDR in previous projects, where final design work was carried out alongside the planning phase to successfully shorten the overall project timeline. By following this process, the team will have a well-established conceptual design for the locally preferred alternative when the team presents the recommendation to City Council in December 2025. Environmental documents and finalization of the Feasibility Study will be completed in tandem with the 60% design. Final plans, specifications, and estimates will be the focus of most of 2026. With that said, there will be limitation on the types of improvements that can fit within the design schedule. Therefore, we assume that the improvements will occur within the existing roadway (curb-to-curb), and that existing curbs and driveways will remain untouched. If curbs, curb ramps, or driveways are impacted or need to be redesigned, the HDR team will discuss design options with the City, as we anticipate that level of design may not be feasible within 6 to 9 months. Developing a phased project, moving curb details to the construction phase, or funding the curbs through other funding programs may accommodate the longer schedule needed to deliver this more complex design. .HDR’s Experience with Transformative Projects in the City of Santa Ana is Demonstrated by Our Success on the OC Streetcar Beginning in 2015, HDR worked closely with the City of Santa Ana, City of Garden Grove, and OCTA in providing Program Management Services for the project. HDR performed value engineering and made recommendations to reconfigure the project to allow it to receive a medium-high rating in the competitive FTA New Starts funding program. We helped accelerate the project by gaining FTA approval for entry into engineering in under 2 years and supported the development of a financial plan that positioned OCTA favorably for consideration of nearly $150M in FTA grant funds. Our services include review of all designs for guideway, stations, systems, and utilities for the fleet of eight streetcars. Our team provided environmental documentation, risk assessment, funding analysis and cost estimating. We developed ridership forecasts using FTA’s Simplified Trips-on-Project Software (STOPS) model during Project Development for the New Starts Program. Responsibilities also included the development of the Project Management Plan required by the FTA for the agency to demonstrate its organizational and technical capacity to successfully deliver this project with federal funds. Through this project, we have established a strong working relationship with the City of Santa Ana and OCTA. We’ve demonstrated our commitment to meeting aggressive projects schedules, developing plans that are competitive for future grant programs, and working on projects that are transformative in the City. We will deliver the same quality and responsiveness on this project. City Council 18 – 54 5/20/2025 19 HDR will monitor travel behaviors and evaluate land uses through this section to see where crossings are occurring. Similar to work done on the Valley Boulevard Project, a marked crossing would need to be accompanied by features that raise awareness and visibility of the pedestrians, such as hybrid beacons, signage, and high visibility crosswalks. This may result in median and access modifications. This constrained section will need special attention, as it is unlikely a single lane in each direction under the bridge to maintain the dedicated bus and bicycle facility will be approved. Physical modifications are prohibitive due to schedule, cost, and the complexity in working with the railroad. Recommendations may include striping modifications and improvements to connecting streets to create a bicycle detour. When traffic signals are closely spaced, intersection design will need to be carefully considered. Some of these intersections lack protected phasing on the side streets. Leading pedestrian intervals and lines of sight near bus stops will need to be evaluated, along with crash history, to see if there is a history of issues through this section. Special trip generators (e.g., zoo, schools, DMV, and churches) create travel patterns and peaks that differ compared to typical morning/afternoon commutes. When considering geometric changes near these facilities, additional data may be needed to address off-peak conditions. Similar to our work on Laguna Canyon Road, HDR will leverage big data to help understand the patterns, peaks, and daily traffic counts. With businesses abutting the sidewalk, the ability to integrate new landscape, bus stop, or streetscape elements is limited. HDR will look for opportunities to integrate treatments that improve the non-automobile environment. This includes working with businesses to improve the sidewalk interface. Quick build elements that fund frontage improvements are an effective way to quickly engage and encourage business participation. HDR will focus on identifying improvements that address safety and improve visibility for pedestrians and bicyclists. Improving signage, removing free right turns, and adding high-visibility crosswalks, flashing beacons, green conflict striping, and bicycle lane buffers are a few examples of simple improvements that require minimal Caltrans coordination. Proving a consistent cross section across and on both sides of the freeway can help minimize visual barriers. This includes extending the raised median across the freeway bridge and into this corridor section. Integrating common street furniture, landscaping, and lighting and maintaining a consistent cross- section creates a cohesive space when barriers exist. This should be carried to the City of Tustin border. This section is flanked by commercial businesses with limited residential. Traffic signals are approximately 0.5 miles apart. While most intersections are side street stop-controlled, there are breaks in the median that allow for limited left turn access. There are no controlled pedestrian crossings in this section. Starting at Birch, block lengths shorten to approximately 300’ between intersections. There are four signalized intersections in this quarter-mile stretch, all of which connect to downtown Santa Ana. The intersection spacing is ideal for pedestrian access. No bicycle facilities are provided through this section. East of Bush, the raised landscape median returns, controlling access to side streets. Despite numerous bus stops, the only marked crossings are 0.5 miles apart at the signalized intersections at Bush and Standard. Commercial uses, including many auto repair businesses, flank both sides of First Street. Sidewalks are narrow, with many businesses abutting the sidewalk. It is not uncommon to see bicycles using the sidewalk. East of Standard, First Street narrows to two lanes in each direction as it crosses under the railroad. Sidewalks through this section are narrow and there are no bicycle facilities. Bicyclists are commonly seen riding on the narrow sidewalk. Due to the concrete embankments on both sides, there is no refuge area for pedestrians or bicyclists when conflicts occur on the sidewalk. At Grand, First Street returns to six lanes. Residential, hotel, and offices make up much of the land use through this section, as well as some retail. Sidewalks are wider and some have shade trees. The only controlled crossings are at the signalized intersections at Grand and Zoo. Navigating the I-5 interchange can be tricky for non-motorized users. From the sweeping curb radius at the I-5 NB on-ramp that encourages high turn speeds, to the narrow sidewalk across I-5, to the lack of bicycle facilities, this section is uninviting and challenging to navigate. East of I-5, the land use transitions to more high density residential with some office and commercial. There is a mix of striped and raised medians, allowing more frequent left turns into and out of businesses and driveways. There continues to be a lack of controlled crossings connecting people from one side of First Street to the other. There are some shade trees along the sidewalks, but no facilities for bicycles. CHALLENGEHDR APPROACHCaltrans ROW Cabrillo Park to TustinRailroad UndercrossingD F GGrand to ZooEBristol to FlowerA Birch to BushB Bush to StandardC First StBristol StFlower StRoss StBroadwayBirch StSycamore StMain StDowntown PlazaBush StStandard AveGrand AveLyon StZoo LnCabrillo Park DrGolden Cir DrTustin Ave5 B E FDCA G 55NSignalized Intersections Local Bus Stops Express Bus Stops City of Santa Ana | First Street Multimodal Boulevard Study RFP NO. 25-029 | E. Proposed Work Plan Challenges and Special Concerns Figure 6: Challenges and Special Concerns City Council 18 – 55 5/20/2025 20 Potential Solutions The City’s Mobility Element includes a Class IV bikeway along First Street. With the recent downgrade from six to four lanes and the removal of First Street from the MPAH, there is sufficient space within the curb-to-curb roadway width to integrate the Class IV facility. As OCTA Route 64 (which runs along First Street) is one of the busiest bus routes in Orange County, improvements that address on-time performance, rider experience, access, and safety must be key to proposed recommendations. HDR has developed a series of potential cross sections that work within the available curb-to-curb width that improve bicycle and transit facilities within the study area. While these cross sections address the typical 84’ width of the roadway, modifications would be needed at signalized intersections and through the railroad undercrossing. These details will be further discussed during the development of 30% plans. City of Santa Ana | First Street Multimodal Boulevard Study RFP NO. 25-029 | E. Proposed Work Plan DESIGN ELEMENTS OPPORTUNITIES CONSTRAINTS EXISTING CONDITIONS The existing configuration includes 10’ lanes, 11’ lanes adjacent to the median, a 14’ median, and 4’ striped shoulders for a total of approximately 84’ curb-to-curb. BRT LANE/BIKES IN BRT LANE This option converts the outside lane to a shared bus- bicycle lane. Given the existing roadway width, a 16’ bus lane could be provided to allow for an “advisory” bike lane or space within the bus lane. The remaining lanes would be 11’ with a 12’ median. A physical barrier between the transit lane and the mixed flow lanes is not required, but could be considered. •Improves transit performance by providing curbside running service •More cost effective as there is no need for floating bus islands (however, there may be a consideration for a bike bypass area behind bus stops to reduce conflicts) •With 15-minute headways between buses, bicycles would have a dedicated lane most of the time •Design would need to consider bicycle/bus conflict at stops and intersections CLASS IV BICYCLE LANES / TRANSIT IN MIXED FLOW WITH BUS ISLANDS This option provides traditional Class IV directional bicycle lanes with a raised physical barrier (such as a landscaped buffer). Lanes would remain at 11’ and the median could remain untouched. •Improves quality of bicycle conditions; entices less experienced cyclists •Directional cycle track does not require bicycle signals as bicycles travel with the flow of traffic •Could help reduce the pedestrian crossing distance •Protected intersections could also be considered at intersections where buffered bicycle lanes are present or planned •Buses stop in travel lane at bus islands which may impact traffic flow CLASS IV BI-DIRECTIONAL BIKEWAY WITH BUS LANES This option provides for a bi-directional Class IV facility. To control project costs, it is recommended this lane be placed at street grade and separated either by a raised median or other raised physical barrier. To accomplish this section, the bi-directional lane would be 10’ wide with a 2’ buffer, 11’ bus lanes, 10’ travel lanes, and 10’ median. •Improves quality of bicycle conditions; entices less experienced cyclists •Buses would stop in dedicated bus lane at a floating bus island •Bicycles would raise up to the grade of the sidewalk •Design would need to consider the alignment of the cycle track through bus stops •Short blocks and driveway spacing disrupts continuous bicycle flow, resulting in increased conflict areas •To accommodate bi-directional cycle track traffic, signal modifications would need to include both bicycle and bus signals •Median would be narrowed and median nose would be removed BIKE LANE WITH BUS ONLY LANE This option converts the outside lane to a dedicated Class IV directional bikeway and a dedicated transit-only lane. To accomplish this cross section, 10’ lanes, 11’ bus lanes, a 10’ median, a 1.5’ buffer with delineators, and 5’ bikeways would need to be provided. •Consistent with the City’s Mobility Element for Class IV facility •Bus would have dedicated lane, which could improve performance •Conflict between buses, vehicles, and bicycle would need to be evaluated at driveways and intersections to provide adequate line of sight •To accommodate this configuration, the lanes and median are reduced to their absolute minimum, which may be a comfort issue for buses and drivers Table 3: Potential Solutions City Council 18 – 56 5/20/2025 Key Staff Resumes & Support Staff QualificationsAppendix A City Council 18 – 57 5/20/2025 City of Santa Ana | First Street Multimodal Boulevard Study RFP NO. 25-029 | Appendix A: Key Staff Resumes & Support Staff Qualifications Dawn Wilson, PE, TE Project Manager / Task Lead - Conceptual Planning An expert in the planning and design of multimodal corridors, Dawn has completed more than 20 complete streets projects over the past 15 years. She enjoys working with community members and city staff in identifying the critical issues that influence travel behaviors and developing solutions to overcome barriers. As a recreational cyclist and advocate for outdoor recreation, Dawn is keenly aware of the safety concerns many people face when traveling by foot or on bicycle. She will guide the HDR team in developing holistic solutions that align with the unique needs of the Santa Ana community. RELEVANT PROJECT EXPERIENCE FIRM HDR EDUCATION MS, Civil Engineering, University of California, Irvine BS, Civil Engineering, University of California, Irvine REGISTRATIONS PE - Civil, CA #62562 PE - Traffic, CA #2548 INDUSTRY TENURE 31 years FIRM TENURE < 1 year City of El Monte, Valley Boulevard Complete Streets Feasibility Study, El Monte, CA Project Manager. Dawn led a multidisciplinary team in developing concepts to integrate new bicycle facilities along Valley Boulevard. This fast-paced project required bi-weekly coordination meetings with city staff to provide updates on progress, budget, and upcoming events. Technical analyses included an operational analysis of intersection reconfigurations, a parking assessment to understand impacts to removing parking, and a multimodal analysis. Recommended improvements included Class IV bikeways, new enhanced pedestrian crossings, parking modifications, and new streetscape and landscape elements. A robust “go to them” community engagement program was executed that focused on pop-up events, farmer’s markets, and coordination with the local business community. The city council overwhelmingly approved the project. Following the approval of the plan, Dawn led the team that prepared an ATP grant application to fund preliminary and final engineering. City of El Monte, Main Street Complete Streets Feasibility Study, El Monte, CA Project Manager. Dawn worked closely with the city and the business community along Main Street to identify solutions that connected the corridor to regional transit stations and reduced automobile focus within the downtown commercial areas. Concepts included a paseo that would close access for automobiles from Valley Boulevard to Main Street and connect directly to the Metrolink Station; removal of on-street parking; improved lighting, signage and landscape in the local public parking lots adjacent to the corridor; and a public park at the entrance to the corridor at Santa Anita Road and Valley Boulevard. The mini-park and pedestrian paseos would serve as much-needed gateways to the shopping district from the north and east. A dynamic community engagement program was developed that included a community advisory committee, pop-up events, workshops, virtual meetings, and a robust project website. City of El Monte, Garvey Avenue Complete Streets Feasibility Study, El Monte, CA Principal-in-Charge. Leveraging her experience on both Valley Boulevard and Main Street, Dawn stepped into an oversight role for the Garvey Avenue project and was responsible for team performance, technical consistency, and quality. Garvey Avenue has a heavy reliance on on-street parking. Multiple alternatives were developed to address both the addition of bicycle lanes and transit-only lanes. Conceptual designs were prepared to illustrate the feasibility of queue jump lanes, dedicated bus lanes, shared bus/bike lanes, and other alternatives. Ultimately, the city council selected the community preferred alternative, which included retaining parking and the construction of floating bus islands, queue jumps, and bus priority. Multiple community surveys and meetings were conducted to gain support for the final concept. City of Long Beach, Studebaker Road Complete Streets Feasibility Study and Final Design, Long Beach, CA Feasibility Study Manager. Dawn led the preparation of a feasibility study for the 5-mile Studebaker Road corridor. Studebaker Road is the eastern most north-south arterial corridor beginning at 2nd Street and ending at the Los Coyotes Diagonal. Feasibility study tasks included a detailed corridor walk, operational analysis, conceptual design, and community engagement. Three options for integrating new bicycle and pedestrian facilities along the corridor were developed. To address traffic congestion near the local high school, the team conducted an operational and feasibility assessment of a peanut-shaped series of roundabouts (2 intersections). Ultimately, the city selected Class IV bicycle facilities, protected intersections, floating bus islands, new HAWK controlled pedestrian crossings, traffic signal and communications upgrades, and modifications to on-street parallel parking. A-01 City Council 18 – 58 5/20/2025 City of Santa Ana | First Street Multimodal Boulevard Study RFP NO. 25-029 | Appendix A: Key Staff Resumes & Support Staff Qualifications County of Riverside, Highway 74 First-Last Mile Transit Study, Unincorporated Riverside County, CA Technical Manager. Dawn was responsible for developing the methodology, overseeing technical studies, and participating in community engagement in support of identifying pedestrian, bicycle and safety needs along Highway 74. Working with Riverside Transit Agency, County of Riverside, and local cities, the project team identified the barriers to people accessing existing bus stops along the corridor. A thorough inventory of existing amenities was documented along with the boardings and lightings at each stop. The study included a detailed assessment of safety concerns, a review of severe injury and fatal collisions, pedestrian- and bicycle- involved collisions, and time-of-day crash analysis within half a mile of the corridor’s 20 bus stops. With this information, the team then conducted on-board surveys and held pop-up events at local markets and community centers to gain community input on their concerns and barriers to using transit. Since much of the community was Spanish speaking, multilingual staff participated in and facilitated the outreach events. Recommendations in the final report identified spot, system, and safety improvements along the corridor. City of Solana Beach, Lomas Santa Fe Corridor Improvement Project, Solana Beach, CA Project Manager/Technical Advisor. Dawn served as the Project Manager and/or Technical Advisor for all three phases of the project. Phase 1 was a fact-finding phase with extensive community engagement to identify the needs along the corridor. Phase 2 was the development of conceptual plans and feasibility assessment. Phase 3 was the final design for the recommended concepts for the corridor. Dawn was responsible for conducting community engagement, field walks, and planning elements of the project. She was also the Lead Engineer responsible for preparing and successfully securing a SANDAG grant for the final design and environmental phase of the project. The project is part of the City of Solana Beach’s vision to revitalize the Lomas Santa Fe corridor and provide a complete streets project along Lomas Santa Fe Drive. City of Imperial Beach, 9th Street Mobility Assessment, Imperial Beach, CA Technical Manager. Dawn provided technical direction and QA/ QC for concept development and technical analyses in support of this complete street improvements project. The project focused on reducing a four-lane arterial running through a residential area with schools, community centers, and other community facilities to a two-lane arterial with a center-turn lane, bicycle lanes, and improved sidewalks and pedestrian crossings. Since it was a residential area, the community relied on on-street parking. Therefore, the alternatives retained and protected parking with the addition of curb extensions and buffered bicycle lanes. Multiple rounds of review and community engagement were conducted to demonstrate support to city council. The project is currently in construction and anticipated to be completed in Spring 2025. City of Imperial Beach, Imperial Beach Boulevard Improvements, Imperial Beach, CA Technical Manager. While serving as the City of Imperial Beach’s Traffic Engineer, Dawn was responsible for reviewing the concepts developed for the corridor and the Mobility Plan which supported the conceptual and final design for the project. Now constructed, this 1.6-mile section of Imperial Beach Boulevard has been transformed into an active public space with safety and accessibility improvements that encourage use by pedestrians, bicyclists, and transit travelers and drivers. A highlight of this project is the section adjacent to the Tijuana Estuary, which was transformed into a pedestrian and bicycle boardwalk, which connects to the Eco Bikeway and Bay Shore Bikeway at the San Diego Bay. County of San Diego, Valley Center Road Corridor Concept Plan, San Diego, CA Project Manager. Working with the community planning group and County of San Diego staff, Dawn led a multidisciplinary team in the development of corridor alternatives that improved access and safety for all modes. The technical studies included a detailed evaluation of traffic control options such as roundabouts and traffic signals, improvements for pedestrians such as new curb ramps and sidewalks, and improvements for bicycles including Class IV bikeways. Due to concerns about emergency access and evacuations, the project team worked closely with County of San Diego Fire and outside fire specialists to demonstrate the roundabouts would operate more efficiently than signalized or stop controlled intersections in the event of an emergency. Multiple meetings were conducted with the community and the community planning group to gain support for the preferred concept plan. Value to City of Santa Ana Meeting the grant deadline on this project will require close attention to detail and a leader who knows how to keep tasks on schedule. Most of Dawn’s projects have been funded through various grant programs and have been located along commercial corridors similar to First Street. She is well-equipped to tackle the challenges of working within the existing curb-to-curb roadway width while balancing the needs of many different users. DAWN WILSON, PE, TE (Continued) A-02 City Council 18 – 59 5/20/2025 City of Santa Ana | First Street Multimodal Boulevard Study RFP NO. 25-029 | Appendix A: Key Staff Resumes & Support Staff Qualifications Naomi Iwasaki Task Lead - Stakeholder/Community Outreach and Engagement Naomi, Senior Planner/Transportation Equity Lead with HDR, has over 20 years of management and leadership experience in multimodal planning and project delivery, transportation policy, streetscape improvements, and infrastructure funding. She is a nationally recognized transportation equity leader and has worked on a diverse range of transportation planning projects and equity initiatives in the nonprofit, public, and private sectors. Her expertise includes active transportation planning, design, and implementation; strengthening mobility project partnerships with community-based organizations; and developing frameworks and tools to connect service, project, and program delivery to equitable outcomes that improve quality of life for marginalized communities. Prior to joining HDR, Naomi served as Senior Director in LA Metro’s Office of Equity and Race, Director of Neighborhood Services and Great Streets in the Office of Los Angeles Mayor, and Project Manager/Planning and Operations Coordinator in New York City Department of Transportation’s Bicycle Program. RELEVANT PROJECT EXPERIENCE FIRM HDR EDUCATION MUP, Urban Planning, New York University BA, Ethnic Studies, University of California, Berkeley BA, Social Welfare, University of California, Berkeley INDUSTRY TENURE 20 years FIRM TENURE 1 year City of Pico Rivera, Rosemead/Lakewood Complete Corridor Vision Plan, Pico Rivera, CA Deputy Project Manager. Naomi is managing a team of transportation planners, engineers, and engagement specialists to develop preferred corridor design alternatives that support enhanced bus service and operations, active transportation facilities, and economic development opportunities across six gateway cities in southeast Los Angeles County. The Vision Plan will be coordinated with updates to the City’s Active Transportation Master Plan and other General Plan elements. Port of Hueneme/Oxnard Harbor District, Social Equity Action Plan, Oxnard, CA Technical Lead. Naomi is leading the development of the first-ever Social Equity Action Plan for the Port of Hueneme. She is conducting research for equity implementation and workforce development opportunities, as well as providing engagement strategies to solicit guidance from community organizations and members. City of San Diego, Solid Waste Fee Study CBO Working Group, San Diego, CA Engagement Advisor. Naomi supported the scope of work development and CBO working group structure to develop an engagement plan for a potential new solid waste fee in the City of San Diego. She provided recommendations for CBO compensation practices, researched local grassroots CBOs, and supported CBO outreach, recruitment, and working group meeting facilitation. City of Culver City, Transportation Planning On-Call - Various Task Orders, Culver City, CA Consultant Task Lead. Naomi led development and submission of two FY2024 FTA grant applications for low-emission fleet and bus facility projects. She led development of an elected officials dossier for City of Culver City state and federal legislative visits and provides ongoing research and strategic recommendations to city staff for funding and project implementation opportunities. LADOT, Dockless Mobility Program Equity Principles, Los Angeles, CA Consultant. Naomi co-developed equity principles for the city’s pilot dockless mobility program to manage new, privately operated electric scooter and dockless bicycle vehicles. She co-created and led a community advisory board to guide policy recommendations and equity principles. Additionally, she co-wrote final equity principles and a recommendations report, which informed the agency’s approach to mobility data management. Los Angeles County Department of Public Works (LACDPW), Equity Toolkit, Los Angeles, CA Technical Lead. Naomi led the development of an equity toolkit to support department staff in implementing equitable engagement strategies and practices. This first iteration of the toolkit is focused on information-sharing guidance for public utility and service providers, going beyond minimum requirements set forth by a statewide proposition. A-03 City Council 18 – 60 5/20/2025 City of Santa Ana | First Street Multimodal Boulevard Study RFP NO. 25-029 | Appendix A: Key Staff Resumes & Support Staff Qualifications LA Metro, Equity Focus Communities Map and Index, Los Angeles, CA Project Advisor. Naomi supervised a project team in managing triannual updates and upgrades to LA Metro’s Equity Focus Communities (EFC) Map and Index, which provides geographical analysis of communities with highest mobility needs in Los Angeles County. EFC analysis is used to assess LA Metro’s equity impact on riders, communities, and annual budget investments. She oversaw data analysis, policy impact assessment, and led presentations to the LA Metro Board of Directors. The project developed a foundational approach of new EFC modules to expand analysis to community health, environmental justice, and economic opportunity. LA Metro, CBO Partnering Strategy, Los Angeles, CA Project Advisor. Naomi supervised a project team in managing the implementation of partnership practices with LA Metro and CBOs, including compensation research, database development, contracting and vendor trainings, and technical assistance trainings for LA Metro CBO staff. LA Metro, Measure M Five-Year Comprehensive Assessment and Equity Report, Los Angeles, CA Project Lead. Naomi led the first-ever cross-departmental equity assessment of Los Angeles County transportation sales tax revenues, expenditures, and project implementation progress impacts on quality of life and equity outcomes. She supervised data analysis, data visualization, narrative writing, recommendations development, and led presentations to the LA Metro Board of Directors and Measure M Independent Taxpayer Oversight Committee. Los Angeles Mayor’s Office, Pico Boulevard Great Streets Pedestrian Bulb-outs, Los Angeles, CA Director of Neighborhood Services and Great Streets. Naomi led a team in implementing an annual community grant program, providing up to $500K public space improvement funds to community groups. She worked with local community residents and business owners to identify opportunities for pedestrian safety intersection improvements and public art activations, and coordinated with city transportation and public works departments to implement enhancements. Los Angeles Mayor’s Office, Venice Boulevard Great Streets/Vision Zero Safety Corridor Project, Los Angeles, CA Director of Neighborhood Services and Great Streets. Naomi led coordination between the Mayor’s Office and LADOT, Los Angeles City Council District 5, Caltrans, and community stakeholders to relinquish a portion of Venice Boulevard in Mar Vista and implement a painted parking-protected bicycle lane pilot safety project on the high-injury network corridor. She supported extensive stakeholder education and outreach. Design and implementation included new ADA-accessible curb ramps and new bicycle signal infrastructure to support an integrated multimodal transportation system that balanced the operation of vehicular circulation with enhanced and complete pedestrian and bicycle facilities. National Association of City Transportation Officials (NACTO), Streets for Pandemic Response and Recovery, Various U.S. Cities Consultant. Naomi served as a coach and grant advisor to develop COVID-19 economic recovery, civic engagement, and community health projects on public streets and sidewalks. She participated in award criteria and selection, advised public agency staff and community partners from 10 grantee cities to deliver quick-build transportation and right-of-way solutions, and contributed lessons learned and recommendations for continued government and community partnerships in a final grant report. Minnesota Department of Transportation, Transportation Benefits and Burdens Project Framework, Statewide, MN Task Lead. Naomi is leading the development of an actionable Transportation Benefits and Burdens Project Framework to evaluate and improve outcomes for projects within Minnesota’s Capital Highway Investment Plan (CHIP). The Framework includes an input-output logic model, customization features for various transportation project type and size, and a user-friendly format for project managers to assess and compare impacts of proposed transportation projects. NYCDOT, Ninth Avenue Parking Protected Bicycle Path, New York, NY Project Manager. Naomi led project planning, business/resident outreach, data collection/analysis, design, implementation oversight, and post-implementation assessment for a quick-build parking- protected bicycle path. The project included painted pedestrian refuge islands, shared bicycle/left-turn lane channeling design, and “floating” parking daylighting. Refuge islands were converted to concrete after one year. Value to City of Santa Ana Naomi brings a unique combination of experience in transportation equity, project management, and community partnerships. Since 2009, she has worked with local cities to deliver multimodal street redesign projects focused on improving mobility and safety to travelers of all modes, incomes, and abilities. She has also led and supported multisector advisory committees that advise transportation agencies on projects, programs, and policies. NAOMI IWASAKI (Continued) A-04 City Council 18 – 61 5/20/2025 City of Santa Ana | First Street Multimodal Boulevard Study RFP NO. 25-029 | Appendix A: Key Staff Resumes & Support Staff Qualifications David Lew, PE Task Lead - Design David is a licensed Civil Engineer with more than 30 years of experience in transportation engineering, specializing in the preparation of PS&E for Caltrans and various local agencies and cities. His expertise includes the development of feasibility studies, project study reports, and project reports. He has overseen the successful delivery and acceleration of transportation projects totaling over $800 million, focusing on street improvements across Orange, Riverside, and San Bernardino Counties. David’s in-depth PS&E knowledge has been instrumental in the timely delivery and approval of numerous projects in Southern California. David brings direct experience delivering final designs for multiple roadways in Santa Ana through his work on multiple segments of the SR 55 Widening project. RELEVANT PROJECT EXPERIENCE FIRM HDR EDUCATION BS, Civil Engineering, University of California, Irvine REGISTRATIONS PE - Civil, CA #59063 INDUSTRY TENURE 30 years FIRM TENURE 9 years OCTA, SR 55 Widening Between I-5 and SR 91, Orange County, CA Project Manager. This project proposes to widen SR 55 at multiple locations between I-5 and SR 91 in the cities of Santa Ana, Orange, and Tustin. Along with freeway enhancements, the project focuses on upgrading curb ramps at the 17th Street/freeway ramps intersection and the 4th Street/freeway ramps intersection. Local improvements include reconstructing curb returns to comply with current ADA standards, providing appropriate clear widths and slopes for curb ramps and intersection crossings. The project is progressing on schedule and the HDR team is collaborating with the City of Santa Ana to provide conformity with city standards. OCTA, I-5 High Occupancy Vehicle (HOV) Improvements/Avenida Pico Replacement, Anaheim, CA Project Manager. The project involved widening 0.7 miles of I-5 to add an HOV lane. The design reconstructed the Avenida Pico Interchange and modified the existing street to incorporate bike lanes, shoulders, and sidewalks on both sides. The geometry of Avenida Pico was realigned to remove an existing horizontal “S” curve, and all curb ramps and pedestrian facilities were upgraded to meet current ADA standards. Extensive underground utility relocations, including sewer, telephone, and electrical lines, were staged to maintain traffic flow along Avenida Pico. Several businesses had driveways facing Avenida Pico, and to minimize business disruptions during driveway reconstruction, rapid-strength concrete and secondary driveways were used to maintain access during all business hours. To expedite the project through the Ready-to-List and Advertising phases, which reduced the timeline from 90 days to 60 days, David coordinated weekly conference calls with Caltrans and city staff to address comments and implement real-time changes. The project was completed 2 months ahead of schedule and $4 million under budget. OCTA, SR 55 Widening Between I-405 and I-5, Orange County, CA Project Manager. This project proposes to widen SR 55 in both directions, extending from the Route 55/405 separation to the Route 5/55 separation, passing through the cities of Santa Ana, Irvine, and Tustin. In addition to the freeway expansion, the project includes improvements to local Santa Ana roads (MacArthur Boulevard, Dyer Road, Edinger Avenue, Ritchey Street, Newport Avenue, and Pullman Street). These road upgrades involved widening the streets to accommodate standard lane and shoulder widths. A context-sensitive complete street design was implemented, adding multimodal facilities such as Class II bicycle lanes and pedestrian sidewalks. Affected curb returns were reconstructed to meet current ADA standards, providing proper clear widths and slopes for curb ramps and intersection crossings. Street designs were coordinated with the cities of Santa Ana, Irvine, and Tustin to provide conformity with local city standards. OCTA, SR 91 Widening Segment 2, Anaheim, CA Project Manager. The project involves widening 2.5 miles of SR 91 by adding one general-purpose lane in the eastbound direction to improve lane balance along the corridor. It also includes the reconstruction of both Kraemer Boulevard/Glassell Street and Tustin Avenue to meet current Caltrans and city design standards. The streets were widened to accommodate standard lane widths, Class II bicycle lanes, and standard sidewalk widths. On the north side of Tustin Street, a 15-foot-wide Class IV separated pedestrian/bicycle facility is proposed to support the city’s future bicycle track route. As part of the street reconstruction, impacted driveways and curb ramps were assessed for ADA compliance and upgraded as needed to meet current standards. HDR collaborated closely with the City of Anaheim through several geometric workshops to determine the best street configuration. The objective was to design a multimodal facility that optimized vehicle capacity while also prioritizing pedestrian and cyclist safety. A-05 City Council 18 – 62 5/20/2025 City of Santa Ana | First Street Multimodal Boulevard Study RFP NO. 25-029 | Appendix A: Key Staff Resumes & Support Staff Qualifications City of Costa Mesa, Susan Street/South Coast Drive Improvements, Costa Mesa, CA Deputy Project Manager. The project consisted of widening South Coast Drive and extending Susan Street in Costa Mesa to connect with the future I-405/Susan Street exit ramp. The project included the installation of new curb ramps, crosswalks, and traffic signals to accommodate the shift in traffic lanes along South Coast Drive. The project was successfully delivered on an accelerated schedule with the planning, design, and construction phases within 3 years. To meet this aggressive timeline, David initiated the final engineering plans while simultaneously working on the planning and environmental documents. This approach saved over a year on the overall schedule, enabling the project to be ready for award within 2 years. To provide consistency throughout the project, David remained involved during the construction phase. The project required extensive coordination with the developer, the City of Costa Mesa, and local water and sewer agencies. City of Costa Mesa, SR 55/Newport Boulevard Improvements, Costa Mesa, CA Senior Project Engineer. The project involved the preparation of the Project Report, Environmental Document, and PS&E for improvements to SR 55/Newport Boulevard between 17th Street and 19th Street, including the addition of one northbound lane and a southbound lane through the 19th Street intersection. To meet the accelerated schedule, final engineering design work was conducted concurrently with the Environmental Document. Several city and public workshops were held to present multiple street configuration alternatives, focusing on lane placement, parking, and pedestrian facilities. Once the options were narrowed down to a few alternatives, final engineering design commenced on elements that were common across all options. In addition to overseeing the preparation and design of the Project Report and PS&E, David provided support during public meetings, the construction phase, and coordinated extensively with utility companies, the City of Costa Mesa, FHWA, and Caltrans District 12. City of Costa Mesa, Theater and Arts District Rehabilitation, Costa Mesa, CA Deputy Project Manager. The project involved the reconstruction and rehabilitation of Sunflower Avenue, Bristol Street, Park Center Drive, Anton Avenue, and Avenue of the Arts within the Arts District of Costa Mesa. Additionally, the project included the design and construction of a modern roundabout on Avenue of the Arts, located immediately adjacent to the Renée and Henry Segerstrom Concert Hall. The roundabout serves as a transportation focal point for the concert hall, providing multimodal connectivity for both vehicles and pedestrians. Pedestrian facilities were designed to meet ADA requirements, and the project adhered to the city’s design standards. One of the main challenges was maintaining traffic flow during business hours, as the nearby South Coast Plaza is a vital business hub for the city. To minimize disruptions, construction was scheduled for nighttime work, providing for minimal traffic impacts and keeping all lanes open during regular business hours and peak AM/PM times. David was responsible for successful PS&E design, delivery, and construction support, all completed on an accelerated schedule in time for the grand opening of the concert hall. Riverside County Transportation Commission (RCTC), I-15 Railroad Canyon Road Interchange, Lake Elsinore, CA Project Manager. The project reconstructed the existing Railroad Canyon Road Interchange, added auxiliary lanes, and widened Railroad Canyon Road to accommodate three lanes in each direction, along with standard shoulders and bike lanes. David was responsible for managing the design and delivery of the PS&E, which included geometric design, stage construction, utility coordination, estimates, specifications, and extensive collaboration with interdisciplinary designers, the City of Lake Elsinore, Caltrans District 8, RCTC, and various utility companies. The project also upgraded curb returns and impacted driveways to meet current ADA and city standards. One of the significant challenges was maintaining constant access to an adjacent In-N-Out Burger restaurant. During business hours, access could not be disrupted, and partial access needed to be maintained after hours for product deliveries. To address this, multiple coordination meetings were held with the business owner to determine delivery schedules, preferred access points, and the space required for delivery trucks. Understanding the constraints allowed construction to be scheduled during times that would have minimal to no impact on the business. The project was completed and accepted by Caltrans in August 2023, and it earned the 2024 ACEC California Merit Transportation Award for Engineering Excellence. Value to City of Santa Ana David has spent the majority of his career managing and delivering PS&E projects, earning a strong reputation for his responsiveness and dedication to client satisfaction. He consistently applies his extensive knowledge, experience, and proven track record to every project, and is committed to providing the same level of dedication and excellence to this project. As part of the SR 55 Widening project, David has collaborated closely with City of Santa Ana staff to design street improvements along 17th Street, 4th Street, MacArthur Boulevard, Dyer Road, and Edinger Avenue. His familiarity with City standards and processes will guide the HDR team in meeting the expedited schedule for this project. DAVID LEW, PE (Continued) A-06 City Council 18 – 63 5/20/2025 City of Santa Ana | First Street Multimodal Boulevard Study RFP NO. 25-029 | Appendix A: Key Staff Resumes & Support Staff Qualifications Juan Carlos (JC) Erickson Community Engagement JC is the Southern California Lead for HDR’s in-house Strategic Communications Team. He is an integrated communications and public affairs veteran with a career centered on developing equity through community innovation. Coming from a diverse professional, educational, and cultural background, JC has lived and worked in various countries, learning how to successfully engage multicultural communities. He has extensive hands-on experience in community outreach, stakeholder engagement, crisis and multicultural communications, media relations, knowledge transfer, and international relations. In his 25 years of experience, he has worked in the full spectrum of our industry, supporting nonprofits, governments, and corporations, promoting social change through his commitment to improving the quality of life of all people regardless of their nationality, beliefs, background, or personal orientations. His innovative approach to communications and engagement, featured in national case studies, has been proven to be instrumental in negotiating paths toward progress between underserved communities and public and private projects. JC has focused his efforts on designing and implementing innovative strategies to effectively reach disadvantaged and hard-to-reach communities. He has unique and robust experiences with Limited English Proficiency (LEP) individuals, seasonal migrant farmworkers, and individuals located in urban historically marginalized communities. His political and socio-economic understanding allows him to develop winning strategies in technically, environmentally, and systemically complex situations. He is an expert in reputation strengthening and genuine relationship building. RELEVANT PROJECT EXPERIENCE FIRM HDR EDUCATION MA, Global Studies, University of North Carolina BA, Philosophy, Religion, and Ethics, University of North Carolina Post-Baccalaureate, Global Studies, University of North Carolina INDUSTRY TENURE 25 years FIRM TENURE 4 years Multi-Ethnic Collaborative of Community Agencies, Santa Ana, CA Programs, Outreach and Communications Manager. Based out of Santa Ana, JC managed all external outreach and communications efforts for a coalition of eight community-based organizations, including two county-funded mental health programs across monolingual (Farsi, Arabic, Chinese, Spanish, Korean, and Hindi) communities in Orange County. City of Pasadena, Pasadena Transit Operations and Maintenance Facility, Pasadena, CA Community and Stakeholder Outreach Lead. JC is leading the preparation and execution of a community and stakeholder engagement plan in support of the new facility needed to accommodate their expanding fleet of buses and dial-a-ride services. Los Angeles Civil + Human Rights and Equity Department, On-call Community Outreach and Engagement, Los Angeles, CA Project Manager. HDR is supporting this newly formed department within the City of LA through community outreach and engagement services. HDR created the LA CBO Equity Network to strategically engage disadvantaged communities leaning on the best cultural competence practices. Our outreach and engagement support is available to all departments within the city of Los Angeles. Port of Long Beach (POLB), Pier B Rail Infrastructure Federal Funding Support – Outreach and Public Relations Services, Long Beach, CA Strategic Communications Lead. JC and his local team supported the creation, drafting, and design of a set of funding-driven fact sheets to advocate for a large federal grant in support of the Pier B project. The effort was successful and the POLB received the federal grant. Community analytics, strategic messaging, and graphic design were instrumental components of this effort. San Diego Association of Governments - San Dieguito to Sorrento Valley Double Track (SDSVDT) Project Design Services, San Diego, CA Community Liaison. JC is liaising with the prime consultant and other partners on coordination with regional stakeholders to prepare preliminary engineering plans and obtain environmental clearance for the SDSVDT Project. The project proposes to realign a segment of the Los Angeles-San Diego-San Luis Obispo Rail (LOSSAN) Corridor from its existing location along the Del Mar Bluffs to a new location between San Dieguito Lagoon and Sorrento Valley Station. A-07 City Council 18 – 64 5/20/2025 City of Santa Ana | First Street Multimodal Boulevard Study RFP NO. 25-029 | Appendix A: Key Staff Resumes & Support Staff Qualifications City of Yucaipa, I-10 Wildwood Canyon Road Project Approval and Environmental Documentation (PA&ED), Yucaipa, CA Strategic Communications Lead. JC is responsible for engaging the community through in-person and virtual outreach, media relations, and stakeholder engagement activities to identify the community’s preferred alternatives in the design of this highway improvement project. Public scoping meetings and a public outreach summary have been used to capture and communicate the community’s voice to city staff, Caltrans, elected officials, and the community at large. Southern California Gas (SoCalGas), Community Engagement Plan for Climate Adaptation Vulnerability Assessment, Los Angeles, CA Strategic Communications Lead/Principal-in-Charge. JC is leading a team across Southern California to prepare and execute a community engagement plan geared toward disadvantaged communities, in support of the recent climate change adaptation vulnerability assessment, ordered by the California Public Utilities Commission (CPUC) for investor-owned utility companies. He is currently engaging hundreds of local community-based organizations and stakeholder groups in identifying and establishing efficient public feedback methodologies for disadvantaged communities to prioritize SoCalGas’ upcoming climate change adaptation investments. Southern California Association of Governments (SCAG), Broadband Program – Strategic Services, Los Angeles, CA Deputy Project Manager. JC leads the communication, outreach, and equity components of HDR’s overarching effort to provide SCAG with strategic services to inform its digital equity efforts. JC, combining best practices from across the country with local understanding, will design strategies to harness the HDR team’s expertise and capabilities on national broadband policies and local communications to deliver impactful and meaningful solutions. In this cutting-edge effort, JC is leading the biggest task of this project, providing advisory and operational communications and outreach and stakeholder management support to SCAG as they grow their Broadband Program among isolated and hard-to-reach communities in Southern California. In his role as Deputy Project Manager, JC oversees managing our outreach subconsultant in deploying outreach activities. LA Metro, Link Union Station (Link US) Project NEPA Environmental Impact Statement – Outreach and Facilitation Services, Los Angeles County, CA Strategic Communications Lead. JC and his local team are supporting the public and stakeholder conversations needed to align an environmentally secure and just path for the Link US project. JC’s experience proved instrumental in leading this equity- driven facilitation and engagement effort to create the needed infrastructure to improve the quality of life of riders within our community at large focused on disadvantaged communities. HDR is providing preliminary engineering, environmental document, final design, and construction support for LA Metro’s Link US. The purpose of Link US is to increase the overall capacity of Los Angeles Union Station and prepare Southern California for the expected future growth of both regional rail (commuter rail and intercity rail) and the California High-Speed Rail blended system. LACDPW, Proposition 218 Outreach Support, Los Angeles, CA Strategic Communications Lead. JC is responsible for overseeing the design and execution of communications, stakeholder management, and outreach campaigns to educate and collect meaningful feedback from the community at large. The Los Angeles County Consolidated Sewer Maintenance District is proposing an increase in the annual sewer service charge. The proposed increase’s authorization depends on voter approval through the Proposition 218 process. The HDR team will support the LA County Sewer Maintenance Division with community outreach aimed at raising public awareness of the needs and benefits associated with the proposed increase in the annual sewer service charge. City of San Diego, Solid Waste Rate Study, San Diego, CA Strategic Communications Lead. JC designed the winning outreach and public relations strategies that will move this project forward. He is leading implementation efforts in collaboration with local small businesses and community-based organizations across the City of San Diego. HDR is conducting a very public-facing study to identify the new rates for solid waste collection services for the San Diego community to consider through a Proposition 218 process. Public relations and innovative community engagement will be essential elements to the success of this effort. Los Angeles Sanitation & Environment (LASAN), Green Waste Processing Facilities Public Outreach and Technical Services, Los Angeles, CA Strategic Communications Lead. JC is leading the strategic deployment of stakeholder and community engagement efforts to bring community understanding and participation to a transformational project. JC leads the strategic deployment of stakeholder and community engagement efforts to bring community understanding and participation to a transformational project. Through this work, LASAN is proposing the addition of green waste composting to a sanitation facility. Value to City of Santa Ana JC has focused much of his career on planning and implementing innovative strategies to effectively engage with disadvantaged and hard-to-reach communities. A native Spanish speaker, his work has been instrumental in identifying unique issues and developing impactful solutions for traditionally underserved Spanish communities on public and private projects across Southern California. JUAN CARLOS (JC) ERICKSON (Continued) A-08 City Council 18 – 65 5/20/2025 City of Santa Ana | First Street Multimodal Boulevard Study RFP NO. 25-029 | Appendix A: Key Staff Resumes & Support Staff Qualifications Doug Smith, PE, RSP1 Multimodal Concept Development - Traffic Doug has over 45 years of broad experience in the management and development of transportation and traffic engineering projects on city and county roadway networks throughout Southern California. His project experience includes numerous arterial street improvement traffic analyses, traffic management plans, complete streets and active transportation design, intersection improvements, project study reports, and final designs. Additionally, Doug has assisted with developing integrated corridor management plans, investment studies, feasibility studies, detailed implementation plans for specific operational projects, and before and after studies to evaluate project effectiveness. He has worked on many projects in and around the City of Santa Ana, including design work on the Santa Ana Advanced Traffic Management System (ATMS), the original environmental assessment for the OC Streetcar, the Central Orange County Corridor Major Investment Study (MIS), the South Orange County Multimodal Transportation Study, and several regional roadway and rail projects. RELEVANT PROJECT EXPERIENCE FIRM HDR EDUCATION BS, Civil & Environmental Engineering, University of Rhode Island Traffic Engineering Short Course, Georgia Institute of Technology Certificate in Management for Engineering and Technology, University of California, Irvine REGISTRATIONS PE, Civil, CA, #43549 Road Safety Professional Level 1 (RSP1), #1590 INDUSTRY TENURE 45 years FIRM TENURE 10 years OCTA, South Orange County Multimodal Transportation Study (SOCMTS), Orange County, CA Traffic Engineering Lead. Doug supervised traffic/transportation analysis efforts, including the development of the TSM/TDM alternative. He also assisted in the conception of the arterial street system improvement elements of the alternatives and provided input into the analysis of the locally preferred strategy. The project defines a vision for transportation system in South Orange County that moves beyond highway expansion to an integrated multimodal network. City of Laguna Beach, Laguna Canyon Road (SR 133) PSR-PDS, Orange County, CA Lead Traffic Engineer. Doug oversaw the traffic analysis and engineering performed for the PSR traffic engineering performance assessment, including the VMT analysis and multimodal LOS analysis for the transit, bicycle, and pedestrian modes of each build alternative. Doug oversaw the traffic forecasting, analysis, design, and cost estimating, including development of safety improvement concepts along the corridor. HDR, in cooperation with the City of Laguna Beach and Caltrans District 12, developed comprehensive alternatives evaluation criteria that translated to a well- vetted PSR-PDS that was used to seek funding for the project and advanced to the PA&ED phase. City of Santa Ana Department of Public Works, Santa Ana Go Local Fixed Guideway Project (OC Streetcar), Santa Ana, CA Task Manager. Doug managed the traffic engineering/analysis and environmental impact tasks for this proposed streetcar project from the Santa Ana Regional Transportation Center to the Pacific Electric ROW at SR 22. He also developed a concept for the TSP element of the project. Orange County Public Works (OCPW), Engineering On-Call, Orange County, CA Project Manager. Doug has managed several traffic engineering-related task order projects, including the OC Loop Segment H Traffic Signal Modification, Newport Avenue Fiber Optic PS&E, Santa Ana Gardens Bike Trail Phase I and II Lighting Design, Rancho Mission Viejo Plan Check Support, and Traffic Control Plan Standards Development. The tasks range from traffic/electrical design efforts to program management support for county staff. LA Metro, Lakewood/Rosemead Corridor Enhanced Transit Assessment, Los Angeles County, CA Traffic Engineering Lead. Doug led traffic engineering efforts in assessing the feasibility of enhancing bus service along Lakewood/Rosemead Boulevard from Long Beach to Pico Rivera. This effort included existing conditions analysis, development of transit service alternatives from enhanced local service to full BRT, and ridership forecasting using FTA-compliant processes. LA Metro, North Hollywood to Pasadena BRT, Los Angeles County, CA Traffic Design Lead. Doug is leading traffic design efforts for the project. With 22 stations along an 18-mile alignment, this BRT corridor will serve as a key regional connection between the San Fernando and San Gabriel Valleys, traversing the communities of North Hollywood, Burbank, Glendale, Eagle Rock, and Pasadena. Anticipated to attract approximately 30,000 daily riders, the project will serve as a vital link to jobs, entertainment, and transit connections throughout the region. A-09 City Council 18 – 66 5/20/2025 City of Santa Ana | First Street Multimodal Boulevard Study RFP NO. 25-029 | Appendix A: Key Staff Resumes & Support Staff Qualifications OCTA, BRAVO BRT Systems Project, Orange County, CA Project Manager. Doug was responsible for the oversight of the design and implementation of BRT ITS and Bus Signal Priority components for the initial 28 miles of this BRT project. OCTA, Central County Corridor MIS, Orange County, CA Project Manager. Doug managed the completion of an MIS for the central Orange County corridor study area that included consideration of a major freeway extension along the Santa Ana River. He successfully navigated the Phase I effort to completion, with the development of purpose and need statement and mobility problem and the development of five multimodal alternatives, ranging from low cost, low impact to higher cost, higher impact improvements, while achieving consensus among local agency stakeholders. City of Costa Mesa, Baker Street-Placentia Avenue-Victoria Street- 19th Street Regional TSSP, Costa Mesa, CA Deputy Project Manager and QC Manager. Doug is leading signal timing and system improvements and overseeing ITS design for the systems. The City of Costa Mesa is using Measure M2 funding to develop traffic signal infrastructure and coordination improvements that will synchronize the traffic signals along three continuous/ contiguous corridors: Baker Street/Placentia Avenue, Victoria Street, and West 19th Street. A total of 41 signals exist over 10.2 miles within the city (39 owned by the city and two owned by Caltrans). HDR’s scope of work includes developing inter-jurisdictional signal and synchronization plans, supporting the installation of updated traffic signal hardware modifications to run timing plans more efficiently, and providing operation and maintenance signal timing support beyond construction. LA Metro, Bus Network Restructuring Study Bus Speed Improvement Evaluation, Los Angeles, CA Traffic Analysis and Evaluation Task Leader. Doug was the Traffic Analysis and Evaluation Task Leader for HDR’s work on evaluating a dozen bus routes and identifying improvements to provide more efficient service. HDR was responsible for analysis of the impacts of traffic congestion on bus speeds on 12 selected corridors across Los Angeles County. The analysis included field work, documentation of bus and pedestrian movements, traffic signal operation, as well as observation on the efficiency of the TSP network where applicable. Upon conclusion of the field evaluation, HDR, working with LADOT, identified a toolbox of “low-hanging fruit” solutions that required little capital investment or major permitting and agency approval. Methodology development, evaluation and recommendation of additional corridor improvements (such as TSP), exclusive bus lanes, queue jumps, curb extensions, and bus stop relocations were included as part of this effort. The resulting report was a supplement to the overall restructuring study prepared by Metro. LACDPW, Norwalk Boulevard Traffic Design Services, Norwalk, CA Task Order Manager. Doug was responsible for preparing the staging, detours, traffic control plans, and an extensive TMP for this reconstruction project, including permitting approvals with Caltrans and the City of Norwalk. LACDPW is proposing a 2-mile-long pavement preservation and road improvement project on Norwalk Boulevard and Slauson Avenue. LACDPW, Traffic Design Services at Broadway/Normandie/ Rosecrans, Los Angeles County, CA Task Order Manager. Under Doug’s management, HDR provided traffic signal design services for five traffic signals: Broadway at El Segundo Boulevard and Rosecrans Avenue, Normandie Avenue at 104th Street and 228th Street, and Rosecrans Avenue at Atlantic Avenue. The project scope included pavement resurfacing and reconstruction, parkway and median island improvements, safety improvements, and sidewalk/curb ramp improvements. The project received funding in Highway Safety Improvement Program (HSIP) Cycle 9 for intersection and traffic signal upgrades. City of Irvine, Culver Drive Traffic Signal System and Communications Design Project, Irvine, CA Project Manager. Doug was responsible for the development of traffic signal systems upgrades at 20 intersections in Irvine. Additional responsibilities included serving as Project Manager for the Irvine Traffic Management Systems Operations Study, which included concept design of TMS elements; assisting in the preparation of a concept design report; and preparing a PS&E of CMS locations and Signal Coordination Policies and Practices Report. City of Pasadena, On-Call Traffic Engineering Services - Various Task Orders, Pasadena, CA Contract Manager. Doug was responsible for traffic impact analysis of existing and future conditions at a wide variety of locations, including mixed-use developments, residential infill, a college, and retail establishments. Analyses and reports covering traffic, parking, transit, and bicycle/pedestrian impacts, including recommended improvements to mitigate these impacts. Doug also completed several local street traffic calming design projects that included speed humps, removal of signals, and small roundabout designs. Value to City of Santa Ana With 45 years of experience managing traffic engineering and operations projects in California, Doug has gained extensive expertise in developing alternatives and enhancing safety on complex multimodal projects. Highly familiar with the City of Santa Ana and its mobility needs, Doug will focus on balancing impacts and finding innovative solutions to traffic challenges. DOUG SMITH, PE, RSP1 (Continued) A-10 City Council 18 – 67 5/20/2025 City of Santa Ana | First Street Multimodal Boulevard Study RFP NO. 25-029 | Appendix A: Key Staff Resumes & Support Staff Qualifications Marie Lewis Adams, AICP Multimodal Concept Development - Bus/BRT Marie has 19 years of experience in the transportation planning sector. Her varied experience includes bus, rail, roadway, and freight projects, as well as extensive public engagement expertise. Marie brings both a deep technical understanding of transportation systems and the ability to communicate complex information in straightforward, understandable ways. When analyzing and prioritizing transportation options, she specializes in working with stakeholders to establish key goals, evaluation frameworks, and performance measures that facilitate and simplify the decision-making process. She has a background in transit service planning and has recently managed projects which include rail system and station planning, enhanced bus/BRT planning, transportation demand forecasting, origin-destination analysis, and feasibility evaluation. Marie brings a customer-focused perspective to planning transit networks, verifying that transit options are not only technically feasible but responsive to customer needs. She has led multiple stakeholder and public engagement efforts, and enjoys working collaboratively with people of diverse perspectives to achieve common goals. RELEVANT PROJECT EXPERIENCE FIRM HDR EDUCATION MCP, City and Regional Planning, University of Pennsylvania BA, Geography, University of California, Los Angeles REGISTRATIONS American Institute of Certified Planners (AICP), #31944 INDUSTRY TENURE 19 FIRM TENURE 4 OCTA, South Orange County Multimodal Transportation Study (SOCMTS), Orange County, CA Planner. Marie led the compilation of visioning, planning, modeling, and cost estimating process into a locally preferred strategy for the South Orange County region. She managed the development of the project’s Final Report and Executive Summary. The project defines a vision for transportation system in South Orange County that moves beyond highway expansion to an integrated multimodal network. LA Metro, Lakewood/Rosemead Corridor Enhanced Transit Assessment, Los Angeles County, CA Deputy Project Manager. Marie assessed the feasibility of enhancing bus service along Lakewood/Rosemead Boulevard from Long Beach to Pico Rivera. This effort included existing conditions analysis, development of transit service alternatives from enhanced local service to full BRT, and ridership forecasting using FTA-compliant processes. City of Culver City, Transportation Planning On-Call - Various Task Orders, Culver City, CA Planner. As part of a staff augmentation on-call contract, Marie analyzed key performance indicators for the MOVE Culver City program and provided recommendations for updates and improvements. Marie also developed content and graphics for funding proposals to SCAG and LA Metro. SBCTA, Long Range Multimodal Transportation Plan (LRMTP), San Bernardino County, CA Project Manager. Marie is leading the development of the LRMTP which will provide a comprehensive, multimodal transportation vision for San Bernardino County through 2045. She is responsible for overall project direction, team coordination, and facilitating stakeholder meetings. HDR is coordinating participation with 25 local jurisdictions, five transit operators, Caltrans, Southern California Regional Rail Authority (SCRRA)/Metrolink, SCAG, and representatives of other diverse interests (health, active transportation, air quality, etc.). Key elements of the planning process include stakeholder and public engagement, visioning, performance measures, scenario planning, multimodal integration, and funding recommendations. SCAG/SBCTA, Integrated Transit and Land Use Planning for Foothill Boulevard/5th Street BRT, San Bernardino, CA Project Manager. Marie was responsible for technical direction and the management of staff, subconsultants, schedule, and budget. She led operations analysis, stop placement analysis, service planning, and developed recommendations for BRT attributes. The project involved assessing feasibility for BRT-type service along a key east-west corridor in the San Bernardino area, including associated land use and transit demand forecasting. A-11 City Council 18 – 68 5/20/2025 City of Santa Ana | First Street Multimodal Boulevard Study RFP NO. 25-029 | Appendix A: Key Staff Resumes & Support Staff Qualifications OCTA, South Orange County Rail Station Feasibility Study, Orange County, CA Project Manager. Marie led this study to assess the feasibility of a potential new Metrolink rail station in South Orange County. The study included developing a Purpose and Need Statement, rail operational analysis, ridership estimation, performance metrics, and stakeholder engagement. The feasibility study was developed in coordination with Metrolink and cities located within the study area. Santa Monica Big Blue Bus, Line-by-Line Analysis, Santa Monica, CA Project Manager. Marie was responsible for technical direction and management of staff, subcontractors, schedule, and budget. The project involved a detailed analysis of the Santa Monica Big Blue Bus network and recommended strategies for improvement. Ridership data was gathered via on-board ride check and passenger survey. Recommendations included route restructuring and expansion of rapid (arterial bus rapid transit) services, as well as potential development of a downtown circulator route. El Paso County, Master Thoroughfare Plan, El Paso, TX Deputy Project Manager. Marie was responsible for the overall development of a thoroughfare plan to guide El Paso County’s future multimodal transportation network. She managed the technical analysis, stakeholder outreach, and development of the proposed roadway network, including bicycle and pedestrian facilities, and the project evaluation and prioritization process. Capital Metropolitan Transportation Authority (CapMetro), Transit Development Plan (Connections2025), Austin, TX Planner and Public Involvement Lead. Marie was responsible for stakeholder identification and communication, public meetings and events, online surveys, electronic newsletters, and outreach documentation. She worked with the project team to develop bus network recommendations that responded to community concerns while improving ridership. The project involved a 10-year bus restructuring plan for the CapMetro transit network, including expansion of the MetroRapid system and frequent bus network, innovative service zones, and express services in managed lanes. City of Santa Maria, Zero Emission Bus (ZEB) Fleet Rollout Plan for Santa Maria Regional Transit (SMRT), Santa Maria, CA Zero Emissions Planning Lead. Marie provided technical direction, oversaw the modeling and analysis, and guided the development and production of deliverables. This plan created a roadmap for SMRT on its transition from a diesel to all-electric bus fleet by 2040, consistent with California Air Resources Board Innovative Clean Transit (ICT) requirements. Operational, financial, logistics, and maintenance concerns were included. SunLine Transit Agency (SunLine), Refueled Before/After Study, Thousand Palms, CA Deputy Project Manager. Marie led a technical transit analysis for SunLine’s bus services and development of reports and presentations. Through this study, SunLine sought to understand the impacts of a service redesign implemented during the COVID-19 pandemic and gather information on changes in customer needs and travel patterns. Key initiatives included implementation of new mobility hubs, expanded microtransit service, and bus stop improvements. San Luis Obispo Council of Governments (SLOCOG), Coast Rail Corridor Service Implementation Plan and Passenger Rail Improvement Study, San Luis Obispo, CA Deputy Project Manager/Planner. Marie was responsible for overseeing technical analysis and project deliverables. The study included a plan for integrated intercity rail and bus service within the Central Coast area consistent with the California State Rail Plan, along with longer-term plans for potential commuter rail service. This two-part study sets a path forward for improved rail and bus service through California’s Central Coast, including Santa Barbara, San Luis Obispo, and Monterey Counties. SLOCOG contracted with HDR to develop both intercity and commuter rail plans, including bus connections to Central Valley rail services. Dallas Area Rapid Transit (DART), Mobility Hub Guidelines, Dallas, TX Project Manager. Marie worked with DART to develop a framework for implementing upgraded mobility hub features throughout the DART service area. Key tasks included a comprehensive facility inventory; developing a hub location evaluation and prioritization system based on multivariate criteria analyses; establishing mobility hub typologies and proposed features; and preparation of maps and public-facing documents. HDR is helping to initiate the Mobility Hubs Program as outlined in the 2045 Transit System Plan. Phase 1 of this program entails a comprehensive study of the existing transit system and development of Mobility Hub Guidelines, including a location analysis and typologies for transit nodes in the DART service area. Value to City of Santa Ana Marie has worked with bus systems across the nation to improve their service effectiveness and efficiency. Her expertise in both technical design development and communications allows her to develop studies that respond directly to community/ client needs and convey complex information in straightforward, understandable ways. MARIE LEWIS ADAMS, AICP (Continued) A-12 City Council 18 – 69 5/20/2025 City of Santa Ana | First Street Multimodal Boulevard Study RFP NO. 25-029 | Appendix A: Key Staff Resumes & Support Staff Qualifications Hank Nguyen, PE Roadway Design Hank has over 30 years of experience designing and managing roadway/highway, civil, and traffic engineering projects throughout Southern California. He has successfully delivered numerous large and challenging major road and highway improvement projects, taking responsibility from the planning phase to complete detailed design, procurement, and construction. He is exceptionally experienced in the design and analysis of state and federal highway facilities, including local and system interchanges. Hank is knowledgeable in Caltrans design standards and local agency requirements, and has extensive experience with fast-track projects. RELEVANT PROJECT EXPERIENCE FIRM HDR EDUCATION BS, Civil Engineering, California State Polytechnic University, Pomona REGISTRATIONS PE, Civil, CA, #61227 INDUSTRY TENURE 30 years FIRM TENURE 16 years City of Santa Ana, Fairview Street Design Services and Bridge Replacement, Santa Ana, CA Roadway Design Lead. Hank led roadway engineering design efforts for the project. This 1,200-foot-long project will widen Fairview Street from four lanes to six lanes between 9th Street and 16th Street and includes replacing the 425-foot-long bridge over the Santa Ana River. The project proposes 8-foot sidewalks over the Santa Ana River to enhance pedestrian comfort and accessibility, 5-foot shoulders that function as bike lanes, and a 4-foot median for improved safety. HDR initially assisted the City in developing the preliminary scoping documents and funding strategy for this HBP-funded project. We also provided street design services from 9th Street to 16th Street, environmental clearance, hydraulic analysis, type selection, bridge and roadway design, utility coordination, and regulatory permit assistance. Currently, we are supporting the City in the construction of the project. OCTA, SR 55 Widening Between I-5 and SR 91, Orange County, CA Roadway Design Lead. Hank is leading roadway engineering design efforts for the project. This project proposes to widen SR 55 at multiple locations between I-5 and SR 91 in the cities of Santa Ana, Orange, and Tustin. Along with freeway enhancements, the project also focuses on upgrading curb ramps at the 17th Street/ freeway ramps intersection and the 4th Street/freeway ramps intersection. Local improvements include reconstructing curb returns to comply with current ADA standards and providing appropriate clear widths and slopes for curb ramps and intersection crossings. The project is progressing on schedule and the HDR team is collaborating with the City of Santa Ana to provide conformity with city standards. OCTA, SR 55 Widening Between I-405 and I-5, Orange County, CA Roadway Design Lead. Hank is leading roadway engineering design efforts for the project. This project proposes to widen SR 55 in both directions, extending from the Route 55/405 separation to the Route 5/55 separation, passing through the cities of Santa Ana, Irvine, and Tustin. In addition to the freeway expansion, the project includes improvements to local Santa Ana roads (MacArthur Boulevard, Dyer Road, Edinger Avenue, Ritchey Street, Newport Avenue, and Pullman Street). These road upgrades involved widening the streets to accommodate standard lane and shoulder widths. A context-sensitive complete street design was implemented, adding multimodal facilities such as Class II bicycle lanes and pedestrian sidewalks. Affected curb returns were reconstructed to meet current ADA standards, providing proper clear widths and slopes for curb ramps and intersection crossings. Street designs were also coordinated with the Cities of Santa Ana, Irvine, and Tustin to provide conformity with local city standards. LA Metro, North Hollywood to Pasadena BRT, Los Angeles County, CA Roadway Design Lead. Hank is leading roadway engineering design efforts for the project. With 22 stations along an 18-mile alignment, this BRT corridor will serve as a key regional connection between the San Fernando and San Gabriel Valleys, traversing the communities of North Hollywood, Burbank, Glendale, Eagle Rock, and Pasadena. Anticipated to attract approximately 30,000 daily riders, the project will serve as a vital link to jobs, entertainment, and transit connections throughout the region. A-13 City Council 18 – 70 5/20/2025 City of Santa Ana | First Street Multimodal Boulevard Study RFP NO. 25-029 | Appendix A: Key Staff Resumes & Support Staff Qualifications OCTA, SR 91 Widening (SR 57 to SR 55) PSR-PDS, Anaheim, CA Roadway Lead. Hank was responsible for providing engineering design services to OCTA for the preparation of the PSR-PDS for the SR 91 improvement between SR 57 and SR 55. The project involved adding general purpose and auxiliary lanes to SR 91. There were also modifications and reconfigurations to four local and two system interchanges. Hank developed geometric alignments and identified design exceptions requiring approval. OCTA, I-5 Improvement Project Segment 1 PS&E, Mission Viejo, CA Senior Project Engineer. Hank was responsible for the geometric design of the PS&E, retaining walls, estimate, specifications, and Caltrans Mandatory and Advisory Fact Sheets. Hank was also responsible for coordination with interdisciplinary designers, cities of Mission Viejo and Laguna Niguel, and Caltrans District 12. This PS&E plans to widen I-5 from SR 73 to south of Oso Parkway and for the reconstruction of the interchanges at I-5/Avery Parkway and I-5/ Crown Valley Parkway. The project will provide five standard 12’ wide general purpose lanes, standard shoulder widths, and a 12’ wide HOV lane with continuous access in each direction. Transportation Corridor Agencies (TCA), SR 241/SR 91 Express Connector PS&E, Orange County, CA Lead Roadway Engineer. Hank coordinated closely with TCA, RCTC, OCTA, and Caltrans District 12 staff to confirm early concurrence on modified geometrics. TCA, in cooperation with Caltrans District 12, proposes the SR 241/SR 91 Express Connector Project to construct a tolled median-to-median connector between SR 241 toll road and the median of SR 91 Express Lanes. LA Metro, SR 57/SR 60 Interchange Improvement PSR, PA&ED, and PS&E, Diamond Bar and City of Industry, CA Senior Project Engineer. Hank is responsible for preparing the PSR, Project Report, and PS&E, as well as coordinating with multiple stakeholders. Hank prepared fact sheets for the PA&ED and PS&E phases of the project while coordinating with Caltrans for successful review and approval of the advisory and mandatory design exceptions. The project consists of 2.5-miles of freeway improvements on the merged section of the SR 60 and SR 57 through the Cities of Diamond Bar and Industry. The project involved an 1,800-foot-long viaduct, connecting the Grand Avenue bypass lane to eastbound SR 60, a complete replacement of a 380-foot-long overcrossing structure on Grand Avenue, a replacement structure for the SR 57 branch connector to SR 60, and two other bridge widenings. LA Metro, I-605 Corridor Improvement Project (CIP) PA&ED, Los Angeles County, CA Senior Project Engineer. Hank was responsible for developing three geometrics and roadway alternatives. The I-605 CIP PA&ED consists of a single environmental document and two project reports: I-605/SR 60 and I-605/I-5. The project includes 16 miles of highway improvements along the I-605 Corridor, 4 miles along SR 60, 2.7 miles along I-10, 3.7 miles along I-5 and 1.6 miles along I-105. LA Metro, I-605/SR 91 PSR, PDS, and PA&ED, Los Angeles County, CA Senior Project Engineer. Hank was responsible for developing geometric alternatives and cost estimates for the widening of SR 91 and I-605, which includes the system interchange at SR 91 and I-605. The project involves a 4-mile segment along SR 91 between Downey Avenue and Artesia Boulevard and a 3.5-mile segment along I-605 from Del Amo Boulevard to Excelsior Drive. Hank has been developing stage construction concepts for the widening and replacement of the SR 91/I-605 separation. He has also presented geometric concepts to Gateway Cities and other stakeholders, including LA Metro. The project requires extensive coordination with LA Metro, the Gateway Cities Council of Governments (GCCOG), the 27 Gateway cities, and Los Angeles County. LA Metro, I-605 Corridor “Hot Spot” Interchanges, Los Angeles County, CA Senior Project Engineer. Hank was responsible for developing conceptual geometric plans for direct High-Occupancy Vehicle/ High-Occupancy Toll (HOV/HOT) connections at the I-605/SR 91 and I-605/I-105 Interchanges, the preliminary design for connectors and ramp configurations, and additional general purpose lanes, and the preparation of cost estimates. The project involves the Team’s participation in Gateway Cities and other stakeholder meetings and extensive coordination with LA Metro, the Gateway Cities Council of Governments (GCCOG), the 27 Gateway cities, and Los Angeles County. Value to City of Santa Ana Hank’s direct experience working for the City of Santa Ana and vast knowledge of local roadway design standards will be critical in meeting the Project’s accelerated design schedule. HANK NGUYEN, PE (Continued) A-14 City Council 18 – 71 5/20/2025 City of Santa Ana | First Street Multimodal Boulevard Study RFP NO. 25-029 | Appendix A: Key Staff Resumes & Support Staff Qualifications Kheang (KT) Tang, PE Traffic Engineering/Traffic Control Plans KT has 12 years of combined experience in civil and transportation engineering projects. His professional experience includes planning and design of ITS, traffic design, traffic signal communication systems, roadway and highway design, lighting, signing and striping, bikeway designs, and traffic control plans with familiarity with numerous cities’ standards and design plans. KT has worked on numerous multi-million-dollar projects with Caltrans Districts 2, 3, 6, 7, 8, 11, and 12; OCTA; LA Metro; LADOT; LACDPW; SCE; and many other local agencies. RELEVANT PROJECT EXPERIENCE FIRM HDR EDUCATION BS, Civil Engineering, California State Polytechnic University, Pomona REGISTRATIONS HDR INDUSTRY TENURE 12 years FIRM TENURE < 1 year City of Anaheim, Brookhurst Street Widening, Anaheim, CA Design Engineer. KT assisted city engineers with analyzing existing traffic conditions for many of the City of Anaheim’s critical intersections and aided in the development of new solutions to improve LOS. He coordinated traffic data with representatives at the City of Anaheim, performed manual traffic counts, and developed/analyzed design alternatives for future conditions, cost estimates and benefit/cost of various alternatives. City of Anaheim, Katella Avenue Widening, Anaheim, CA Design Engineer. KT was responsible for signing/striping plans and assisted with the construction plans involving traffic signal modification, interconnect, changeable- message sign (CMS) relocation, street lighting, and traffic control design associated with the widening of Katella Avenue between Lewis Street and State College Boulevard. All plans were completed per City of Anaheim and Caltrans Standards. City of Lynwood, Bullis Road Improvements, Lynwood CA Consultant. KT served as a consultant for the rehabilitation and reconstruction of road improvements for the City of Lynwood. The City of Lynwood sought to implement a ‘road diet’ approach in converting a four-lane major street in front of the Civic Center campus with a raised median into a two-lane road. Key design features included newly expanded median width for a pedestrian shelter, additional left-turn access for a new driveway, catch basins, bio-tree wells, median and parkway lighting, raised crosswalk and drought-tolerant landscaping for the median. City of Covina, Downtown Pedestrian and Bicycle Planning Study, Covina, CA Design Engineer. KT was responsible for designing bikeway network and street infrastructure improvements on existing bicycle and pedestrian network to improve connectivity between the Metrolink station and the downtown area for the City of Covina. He reviewed and evaluated existing bicycle and pedestrian facilities, routes near the project area such as available parking lots and structures to determine appropriate bikeway locations, their facility types, as well as their safety and accessibility prior to a full field investigation of the existing surface conditions (8 miles). LADOT, Wilshire Boulevard BRT, Los Angeles, CA Design Engineer. KT was responsible for preparing the traffic signal modification plans for more than 30 intersections along Wilshire Boulevard, signing and striping plans for the corridor, as well as street lighting design for a half-mile stretch of Wilshire Boulevard. He furnished PS&E involving signing, striping and traffic signal modifications along the Wilshire Boulevard corridors; Western Avenue to San Vicente Boulevard (3.6 miles), and San Vicente Boulevard/Federal Avenue to Barrington Avenue (0.15 miles). Work encompassed 33 signalized intersections along Wilshire Boulevard, over 3.8 miles of signing and striping on a major arterial highway and coordination with LADOT, LABOE and LA Metro for design development. LACDPW, Florence Avenue Traffic Design, Los Angeles County, CA Design Engineer. KT prepared traffic signal modification plans for the intersections along a 5-mile stretch of Florence Avenue. The scope of services included gathering as-built plans, calculating lane geometry, designing ADA-compliant ramps, and analyzing the best location to install the wireless communicators. A-15 City Council 18 – 72 5/20/2025 City of Santa Ana | First Street Multimodal Boulevard Study RFP NO. 25-029 | Appendix A: Key Staff Resumes & Support Staff Qualifications City of Ontario, Traffic Operation Analysis, Ontario, CA Project Design Engineer. KT assisted city engineers with analyzing existing traffic conditions for many of the City of Ontario’s critical intersections and aided in the development of new solutions to improve the LOS of those intersections. He coordinated traffic data with representatives at the City of Ontario and performed manual traffic counts. He also developed and analyzed design alternatives for future conditions, cost estimate, and benefit/cost of various alternatives. City of Anaheim, Anaheim Regional Transportation Intermodal Center (ARTIC) to West Anaheim 4th District Bikeway Connector, Anaheim, CA Design Engineer. KT completed a field inquiry on existing field conditions to draft a base plan for design along several popular corridor attractions such as the Disneyland Resort Theme Park and the Honda Center in the City of Anaheim. He provided Class II Bike Lane design as part of the “gap-closure” widening of Brookhurst Street between Katella Avenue and Ball Road in accordance with CA MUCTD and City of Anaheim’s criteria. The objective of the project was to design Class II and III bike lanes to connect bicyclists from the ARTIC station to the numerous attractions in the City of Anaheim. Coachella Valley Association of Governments (CVAG), Regional Traffic Signal Synchronization, Coachella Valley, CA Project Design Engineer. KT was responsible for the project planning, field inventories upgrade, design, implementation, and operations of the Coachella Valley’s regional traffic signal system upgrades and signal synchronization improvements. CVAG embarked on the development of a valley-wide traffic signal interconnect master plan and signal synchronization of new and existing signals on the regional arterial roads. ITS is an integral part of regional efforts to maximize highway and arterial system capacity and improve operational efficiency. SBCTA, San Bernardino Valley Coordinated Traffic Signal System and Coordination Tiers 3 and 4, San Bernardino County, CA Project Design Engineer. KT was responsible for designing a wireless network to establish communications between traffic ITS devices and traffic management systems, improve feasible wireless communications technologies as well as review and analyze mapping data and aerial photography and topography to determine the best feasibility of the proposed wireless paths. KT helped coordinate with city staff in continuing the deployment of wireless communication network design for 371 intersections. The intersections belonged to multiple cities that form SBCTA and the wireless network design was tailored to meet the needs and requirements of the individual cities as well as SBCTA. City of Culver City, Traffic Engineering Services for Traffic Monitoring CCTV System Gap Closure, Culver City, CA Project Design Engineer. KT was responsible for upgrading 4 miles of fiber optic communication cable to integrate existing and new 32 CCTV cameras on an Ethernet/IP switch (gigabit fiber optic backbone). RCTC, SR 91/I-15 Freeway Toll Roads Expansion, Orange and Riverside Counties, CA Project Design Engineer. KT was responsible for designing and integrating a fiber optic communication network across Orange and Riverside Counties, spanning over 14 miles of interstate highway. He worked with a Cisco wide-area network capable of interfacing several different platforms utilizing dual gigabit backbones and redundant routing capabilities, including remote wireless and T-1 links. The project served three new Toll Zone Enforcement buildings along SR 91, six CMS sign locations, and 32 CCTV surveillance cameras throughout the project limits. Future build-out included integration of legacy OCTA control systems to transmit secure real- time enforcement video and traffic data to a centralized Command & Control Center in Anaheim, CA. OCTA, I-405 Express Lanes Design-Build, Orange County, CA Project Lead. KT was responsible for coordinating with the OC405 Partners Joint Venture for the constructability reviews focused on the electrical, ITS, and electronic toll and traffic management systems (ETTM) infrastructure design submittals prepared by the Pacific Infrastructure 405 Designers Joint Venture. KT prepared constructability reviews for the lighting concept plan, temporary TMS capacity analysis, temporary TMS performance monitoring plan, temporary RMS/CCTV/TMS details, and several design packages encompassing over 200 design plans. The project consists of converting the existing HOV lane to a tolled express lane and adding two new lanes (one tolled express lane and one general purpose lane) in each direction along I-405 between the 405/605/22 interchange through Orange County to the SR 73 toll road interchange. Value to City of Santa Ana KT’s hands-on experience with a variety of signal systems and software programs will be a valuable asset to the City. KT will thoroughly investigate the effectiveness of the current signal timing and evaluate the readiness of the system for advanced operations such as TSP, leading pedestrian phases and vehicle to infrastructure communications. He is well-prepared to collaborate closely with the City’s traffic signal operations team in identifying solutions that will keep traffic moving while reducing capacity on the corridor. KHEANG (KT) TANG, PE (Continued) A-16 City Council 18 – 73 5/20/2025 City of Santa Ana | First Street Multimodal Boulevard Study RFP NO. 25-029 | Appendix A: Key Staff Resumes & Support Staff Qualifications Sara Costin Mockus Community Engagement Sara is a proven public outreach and project management professional with more than 30 years of experience in Southern California. As President and CEO of CPOG, Sara leads the firm’s overall vision, planning, and client service. For each client, she focuses on developing communications strategies and creating innovative approaches, while delivering an outreach program to meet the needs of the project. Her proven ability in program coordination and management, combined with her skill in facilitating community dialogue on complex issues, sets her apart in the field. She brings relevant project and stakeholder experience collaborating with the City of Santa Ana from her work on Caltrans District 12’s I-5 Managed Lanes and OCTA projects. RELEVANT PROJECT EXPERIENCE FIRM CPOG EDUCATION BA, Philosophy, University of Wisconsin INDUSTRY TENURE 32 years FIRM TENURE 11 years OCTA, SR 55 (I-405 to I-5) Widening, Santa Ana, Irvine, and Tustin, CA Outreach Manager. Sara manages the $1.6 million project and leads the team to conceptualize, develop, and execute the communications plan. She applies a customized outreach approach to generate local and regional awareness of the project and takes a proactive approach to construction outreach. She is implementing a public awareness campaign that is equitable to the needs of diverse project stakeholders, communities, and populations. She builds and maintains trust with stakeholders and uses data/metrics to evaluate outreach efforts and adjust strategy. OCTA, in cooperation with Caltrans, is improving four miles of SR 55 between I-405 and I-5. The project will improve traffic flow and reduce travel time by adding one regular lane and one carpool lane in each direction. Caltrans District 12, I-5 Managed Lanes, Santa Ana, Anaheim, Buena Park, Fullerton, La Mirada, Orange, and Tustin, CA Outreach Manager. Sara managed the team to develop and facilitate outreach to support the successful preparation and finalization of the draft environmental document and the final environmental document pursuant to CEQA/NEPA. Efforts included strategies to identify non-English speaking communities, including outreach to generate awareness, understanding, and confidence among environmental justice communities, motorists, cities, businesses, interest groups, first responders, elected officials, and community stakeholders. Caltrans is proposing to address operational deficiencies related to high-occupancy vehicle degradation on I-5 between Red Hill Avenue and the Orange/Los Angeles County line in both northbound and southbound directions through studies of alternatives that include price managed lane strategies. LA Metro, Los Angeles-Glendale-Burbank Feasibility Study, Los Angeles County, CA Outreach Manager. Sara supported the development and facilitation of a Corridor Cities Working Group (CCWG) that included the cities of Los Angeles, Glendale, and Burbank; LADOT; Councilmembers Paul Krekorian, Mitch O’Farrell, and Gil Cedillo; Supervisors Hilda Solis and Kathryn Barger; and Metrolink. Five meetings were hosted with the CCWG to provide project introduction, updates on infill stations, LRT discussions, review results, and a draft report update. Additional meetings were held with key stakeholders, including LOSSAN, Burbank Airport, LA Metro Southeast Gateway Line Team, and LA Metro Link US Team, DreamWorks, Disney, Pelanconi and Rancho Homeowners Associations, Taylor Yard Community, North Los Angeles County Transportation Coalition, and Alliance of River Communities. One-on-one key stakeholder meetings, community association and organization meetings, and activity centers were implemented. An online public opinion survey was created to obtain feedback on study findings. The survey, via the Survey Monkey platform, was provided to stakeholders within the corridor through seat drops with a QR code to link directly to the survey to Metrolink riders on the Antelope Valley and Ventura County Lines, LA Metro and Metrolink social media, and city-specific website and social media platforms. Sara worked with the team to determine the survey questions, which were provided in three languages appropriate to the corridor – English, Spanish, and Armenian. More than 3,500 stakeholders participated in the survey. A-17 City Council 18 – 74 5/20/2025 City of Santa Ana | First Street Multimodal Boulevard Study RFP NO. 25-029 | Appendix A: Key Staff Resumes & Support Staff Qualifications OCTA, SR 91 (SR 57 to SR 55) Improvement Project, Anaheim, Fullerton, Orange, and Placentia, CA Outreach Manager. Sara manages the $1.842 million project and provides quality control. She works with the team to develop and implement communications and diverse outreach plans. She provided input on the project’s rebranding, logo, and collateral materials; participates in PAC meetings, and supported organization of the groundbreaking ceremony. OCTA, in partnership with Caltrans, is improving SR-91 from SR-57 to SR-55. The project, constructed in three segments, will improve mobility throughout the corridor, reduce weaving and merging between ramps and improve on- and off-ramps, sidewalks and bike lanes at the Glassell Street, Tustin Avenue, and Lakeview Avenue interchanges. Caltrans District 12, I-405 (I-5 to Harbor Boulevard) Asset Management Project, Santa Ana, Costa Mesa, and Irvine, CA Outreach Manager. Sara manages the budget and team in executing a construction outreach plan to inform and engage stakeholders. She uses various tools to define, measure, and evaluate construction outreach success and provide data and metrics to support recommendations to refine the plan’s approach, including using existing Caltrans communication channels to engage adjacent stakeholders and other critical groups such as public safety organizations and first responders, local businesses, and commuters. Caltrans is extending the life expectancy of pavement, improving safety for all modes of travelers, enhancing traffic operations, and managing congestion along I-405 in Orange County from I-5 to Harbor Boulevard. OCTA, I-605/Katella Avenue Improvement Project, Cypress, Long Beach, Los Alamitos, and Community of Rossmoor, CA Outreach Manager. Sara manages the budget and team to execute outreach efforts during the preconstruction project phase. Activities include facilitating stakeholder ascertainments, planning and executing the preconstruction webinar and multiple community meetings, ensuring the community is well-informed and prepared for upcoming work. Outreach materials includes the project map, fact sheet, project postcard, and FAQs. OCTA is improving the I-605/ Katella Avenue Interchange to enhance traffic flow, safety, and connectivity for commuters and businesses in the area. The project, currently in preconstruction and scheduled to begin in May 2025, will upgrade on- and off-ramps, improve intersections, and optimize traffic operations to reduce congestion and delays. SCAG, Regional Active Transportation Safety and Encouragement Campaign, Orange, Imperial, Los Angeles, Riverside, San Bernardino, and Ventura Counties, CA Outreach Manager. Sara developed and implemented targeted trainings and toolkit components. She established and facilitated six user group panels to provide input on active transportation for inclusion in the regional toolkits and trainings. The user group panels included four key constituencies: elected officials, employers, community organizations, and transportation/public health professionals throughout the SCAG region. To ensure local champions and influencers from each of the SCAG counties were tapped for the campaign, Sara developed a comprehensive database of key stakeholders and implemented various options for participating in the panels given the geographic reach of the SCAG region. She developed strategies, messaging, and materials for the panels; identified partners to serve as “train the trainer;” developed fact sheets, maps, “how to” guides, and presentation materials; and assisted with conducting workshops. Value to City of Santa Ana With 30 years of experience across Southern California and Orange County, Sara has built strong relationships with key stakeholders, including the City’s Public Information Officer, Paul Eakins, and his team. Her extensive engagement with Santa Ana businesses through the Focus on 55 Business Program further highlights her commitment to fostering community growth and collaboration in the City. Sara’s experience and trusted relationships will be critical to the success of the Project’s outreach and engagement program. SARA COSTIN MOCKUS (Continued) A-18 City Council 18 – 75 5/20/2025 City of Santa Ana | First Street Multimodal Boulevard Study RFP NO. 25-029 | Appendix A: Key Staff Resumes & Support Staff Qualifications Bridget Hennessey Jurisdictional/CBO Coordination Bridget is a highly accomplished public affairs and government relations leader with over 22 years of experience championing the priorities of organizations across multiple sectors. She has a talent for partnering with leaders across all areas and levels to foster synergy, establishing organizational priorities, and building unified strategies to achieve shared goals. Adept at translating organizational objectives into high-performance, consensus-building advocacy campaigns, she is a skilled public speaker and presenter who is able to make highly engaging presentations to influence the direction of industry, regulatory, and legislative actions. Bridget excels at building, training, and optimizing the performance of dynamic teams advocating for policy changes at the local, regional, state, and federal levels. She has focused her career on creating cultures that promote accountability, innovation, and teamwork as keys to achieving success. RELEVANT PROJECT EXPERIENCE FIRM HDR EDUCATION MA, Public Policy, George Washington University BA, Politics & Sociology, Fairfield University REGISTRATIONS Licensed Real Estate Agent, CA, #02044159 INDUSTRY TENURE 22 years FIRM TENURE < 1 year OCTA, Program Management Consultant (PMC) Services for Capital Programs, Orange County, CA Strategic Communications Consultant. Bridget is working with the outreach team to develop and manage communications across multiple channels to keep the community informed and drive support for the project. As a subconsultant, HDR is assisting OCTA’s Highway Programs Department and Regional Rail Department by providing technical expertise in managing and overseeing its capital development projects. Dewey Square Group, Irvine, CA Principal. Bridget specialized in building and leading diverse coalitions for legislative and regulatory issue campaigns, offering strategic counsel for advocacy efforts, and creating effective messaging for a wide range of clients. WM Technology, Irvine, CA Vice President of Public Affairs. Bridget built and acted as the guiding force behind a 24-member Global Affairs team operating across both North America and Europe that has delivered a series of successful campaigns pushing key priorities for the industry. She served as a strategic partner to the C-suite team influencing the strategic direction of the company, including playing a key role in navigating the group through the complex regulatory landscape to go public on the NASDAQ. Townsend Public Affairs, Inc., Newport Beach, CA Client Services Associate. Bridget researched and tracked federal and state legislation to provide timely policy insights and analysis for clients. She prepared white papers, legislative alerts and other communications to inform and engage stakeholders on key legislative developments. North County Transit District (NCTD), San Diego, CA Chief of Staff/Governmental Affairs Officer. As Chief of Staff, Bridget took full ownership of governmental affairs and overseeing operations executed by the Communications Division. She worked hand-in-hand with the Executive Director, Executive Team, and Board of Directors to establish and manage legislative priorities at the regional, state, and federal levels. She directed, trained, and coached a dynamic team spread across multiple departments, including Customer Service, Community Outreach, Marketing & Communications, and others; pursued and secured $100M+ in discretionary funding to build and implement critical infrastructure projects over 7 years; devised and launched a powerful marketing campaign that succeeded in boosting transit ridership up and over 12 million passengers annually even in the face of the severe economic downturn; and led negotiations with the state and a regional joint powers authority that enabled NCTD to assume full control over Amtrak rail services across the entirety of Southern California. As a result of her work, Bridget was named as a Top 40 Under 40 by Mass Transit Magazine in 2014: “Bridget Hennessey has guided staff through periods of both transition and crisis since joining the North Country Transit District.” Value to City of Santa Ana Bridget will leverage her expertise to help the City develop and execute a strategic communication plan that effectively engages CBOs and drives impactful outcomes. Having lived in Santa Ana for most of her life, she is deeply connected to the local community and understands how to effectively coordinate with CBOs and other stakeholders.A-19 City Council 18 – 76 5/20/2025 City of Santa Ana | First Street Multimodal Boulevard Study RFP NO. 25-029 | Appendix A: Key Staff Resumes & Support Staff Qualifications Lisa Padilla, RA, AICP, LEED AP Multimodal Concept Development - Pedestrian/Bicycle Lisa brings over 40 years of experience in architecture, planning and urban design. She has provided leadership on the design and implementation of ground-breaking transit projects throughout Southern California since 1996. Lisa has helped lead recent complete streets and multimodal plans for LA Metro’s Mobility Corridors team that include the Southeast Gateway First/Last Mile (FLM) Plan, Alameda Mobility PSR, MAT Western/Slauson FLM 15% Design, East San Fernando Valley Transit Corridor FLM Plan, ConnectUS Action Plan, and Eastside Access Improvements. Lisa’s transit and urban design work is recognized nationally through appointments on professional juries, speaking engagements, peer reviews, and as a recipient of urban design and planning awards from AIA and APA. RELEVANT PROJECT EXPERIENCE FIRM CD EDUCATION Bachelor of Architecture, University of California Berkeley Fellow, Latino Business Entrepreneur Program, Stanford Graduate School of Business REGISTRATIONS Architect, CA, C21037 AICP, #32848 LEED Accredited Professional INDUSTRY TENURE 40 years FIRM TENURE 18 years LA Metro, Southeast Gateway Line First/Last Mile Plan, Los Angeles, CA Principal Urban Designer. Lisa provided leadership on the alignment urban design, including station access concepts, a northern alignment alternatives analysis, a vision document, facilitating design discussions with city and community meetings, and DEIR and FEIR completion for this broadly supported plan. LA Metro, East San Fernando Valley LRT First/Last Mile Plan, Los Angeles, CA Lead Multimodal Planner. Lisa facilitated stakeholder walk audits, city workshops, and collaborated with LA Metro and CBOs to identify first-last mile projects at 14 stations in equity-focused communities. She led development of LA Metro’s FLM map graphics and standards, contributed to walk audit refinements, and developed a prioritization process for potential FLM projects. LADOT/LA Metro, Western/Slauson Active Transport Plan, Los Angeles, CA Principal Urban Designer. For this partnership between StreetsLA (LADOT) and LA Metro’s MAT Program, Lisa provided leadership during concept design for pedestrian and bicycle improvements at the confluence of South LA’s busiest bus transfer location and the Rail-to-River Active Transportation Corridor. StreetsLA will implement the project starting in 2026 based on the team’s community-based designs. OCTA, Central Harbor Boulevard Transit Corridor Study, Orange County, CA Principal Urban Designer. Lisa provided urban design services in support of an alternatives analysis for a corridor study of Harbor Boulevard between Fullerton and Santa Ana. While Harbor Boulevard traverses seven cities and unincorporated LA County, the study focused on the central 9 miles and identified alternative modes, lane configurations, and station locations. Lisa was tasked with developing illustrative cross sections, transit- oriented land use evaluation, and developing prototypical stops and conceptual station plans. City of Anaheim, Anaheim Fixed Guideway, Anaheim, CA Principal Urban Designer. Lisa provided urban design services during the conceptual engineering phase. She collaborated with the engineering team to develop concepts for a transit center in to serve visitors to Disneyland, Downtown Anaheim, and destinations east towards Anaheim Stadium. She also developed an urban design report that captured key goals and objectives in improving the public realm and future development around the proposed transit line. OCTA, Center Line Project Study, Orange County, CA Urban Designer. Lisa supports the alternatives analysis for a 28-mile light rail network intended to support future demands for alternative transit modes across Orange County’s densest city centers and destinations. Products included an urban design book of station prototypes, illustrative alignment plans, and cross sections for major boulevards. Value to City of Santa Ana Lisa’s background and experience with urban corridors in both Orange and Los Angeles County offers a cohesive understanding of the interactions between travelers and surrounding land uses. She and her team have developed many complete street projects within constrained environments, bringing a wealth of perspective to the First Street corridor.A-20 City Council 18 – 77 5/20/2025 City of Santa Ana | First Street Multimodal Boulevard Study RFP NO. 25-029 | Appendix A: Key Staff Resumes & Support Staff Qualifications Winnie Fong TOD/Land Use Planning Winnie leads EA’s mobility justice and equitable economic development practice groups, with a focus in transportation, housing, and workforce development. She supports public agencies, nonprofits, and philanthropic organizations in advancing sustainable transit-oriented and community development through strategic planning, regional collaboration, policy development, stakeholder engagement, and multi-stakeholder facilitation. Recognized as Stratiscope’s Impact Maker to Watch in 2020, she co-founded the LA Chinatown Community Land Trust where she champions affordable housing preservation and community-centered development. She also completed certification and training through the Dignity-Infused Planning and Community Engagement (DICE) program from the Thrivance Group with a focus on housing, USC Ross Minority Program in Real Estate, and the CAUSE Leadership Institute Fellowship Program. RELEVANT PROJECT EXPERIENCE FIRM EA EDUCATION Master of Planning, University of Southern California Master of Public Policy and Public Administration, California State University, Sacramento BA, Economics, California State University, Sacramento INDUSTRY TENURE 16 years FIRM TENURE 11 years Strategic Growth Council, Affordable Housing and Sustainable Communities Technical Assistance, Statewide, CA Project Manager. Since 2015, EA has worked with applicants seeking funding from the State of California’s Affordable Housing Sustainable Communities (AHSC) program. Across nine funding cycles, Winnie has worked with proposers from across the state to provide feedback, review narratives, and aid with project development. EA has worked with local jurisdictions, transit agencies, and real estate developers to prioritize shovel-ready active transportation, sustainable mobility, and transit projects that are eligible for funding under the California Climate Investments framework. EA has also organized AHSC workshops to provide stakeholders with more information about upcoming funding rounds and offer one-on-one technical assistance to assess project feasibility and develop applications. City of Santa Monica, Wilshire Boulevard Corridor Safety Enhancement Study, Santa Monica, CA Project Manager. EA supported a corridor safety analysis and conceptual design development for the 3-mile section of Wilshire Boulevard within the City of Santa Monica. This included a safety analysis with a collision data investigation, focus group facilitation, and interviews on the safety experiences of various stakeholders. The audit and safety analysis informed possible safety enhancements shared with residents in partnership with the local CBO Santa Monica Spoke. City of Commerce, Transit-Oriented Development and Displacement Avoidance Plan (TOD-DAP), Commerce, CA Principal-in-Charge. Funded by the California Air Resources Board’s Sustainable Transportation Equity Project (STEP) grant, EA is working closely with Climate Resolve and other members of the city’s STEP grantee team to enhance walkability, connectivity, and accessibility while preventing residential and commercial displacement near the planned Commerce/Citadel Metro light rail station. To develop the TOD-DAP, EA researched and analyzed existing conditions near the planned station, including demographics, land use, environmental conditions, workforce and economic conditions, and walkability, connectivity, and accessibility. EA is also supporting the city by co- facilitating multiple community engagement sessions to gather insight and feedback on existing conditions and planning recommendations. Streets for All, Ballona Creek Phase 2 Feasibility Study, Los Angeles, CA Principal-in-Charge. EA supported Streets for All by contributing to a feasibility study for the proposed Ballona Creek Phase 2 bicycle path in Culver City and the City of Los Angeles. EA drafted equity-focused and community-informed assessments of the proposed bike path corridor and surroundings in relation to public transit routes and stops; commercial and job centers; parks and open space; arts, culture, and community assets; and vulnerable populations, including officially designated disadvantaged communities. After drafting maps and narratives based on desk research, EA enhanced and revised these assessments based on community and stakeholder feedback. The Ballona Creek Phase 2 Feasibility Study served as a foundation for the City of Los Angeles’ 2024 application for the California Transportation Commission’s Active Transportation Program Cycle 7 grant. Value to City of Santa Ana Winnie’s experience on the Ballona Creek Feasibility Study and Wilshire Boulevard Safety Study are directly aligned with the equity, mode shift, and land use assessments needed for the First Street project. Her work on these projects shows her ability to use community-based data to understand community needs and the impact changes may have on underserved, vulnerable, and disadvantaged communities.A-21 City Council 18 – 78 5/20/2025 Support Staff Qualifications HDR provides the City with a depth of experts and technical resources to effectively deliver this project. Our proposed support staff are organized alphabetically by last name in Table 4 below. Staff names are HDR unless otherwise noted. NAME & ROLE TENURE (INDUSTRY/FIRM)EDUCATION PROFESSIONAL CREDENTIALS RELEVANT EXPERIENCE VALUE TO CITY OF SANTA ANA Hank Alonso, PE Constructability Reviews 41 years 1 year College Coursework PE - Civil, CA, #44616 •OCTA, SR 55 Widening (I-405 to I-5) •OCTA, I-405 Improvement Project •Caltrans District 59, On-Call Construction Inspection for Districts 8 & 9 As the former Caltrans District 12 Deputy Director, Hank has established strong working relationships with local, state, and federal regulatory agencies, as well as multiple cities and business organizations across Southern California. Hank will perform constructability reviews to verify the design is practical and feasible, ultimately keeping the project on schedule by preventing delays and costly revisions during construction. Vanessa Bauman, GISP Community Analytics 23 years 20 years MS, Geography BS, Geography Geographic Information Systems Professional (GISP), #62260 •LACDPW, Proposition 218 Outreach Support •LACDPW, Flood Risk Public Outreach Services •SoCalGas, Climate Adaptation Development of Community Engagement Plan Vanessa is an award-winning geographer and senior GIS analyst that produces high-quality cartographic and infographic design products to support a wide array of project needs, including community analytic profiles. Her combination of experience in GIS analysis, database management, interdisciplinary research, and communications adds a holistic set of skills to the team. Anders Burvall GIS/Mapping 20 years 17 years MS, Geography BS, Environmental Science - •OCTA, OC Streetcar Program Management •OCTA, SR 55 Widening (I-5 to SR 91) •OCTA, South Orange County Multimodal Transportation Study Throughout his 17-year tenure with HDR, Anders has been an integral component on a wide array of transportation projects throughout Southern California. His geospatial expertise encompasses most aspects of the GIS workflow, including data management, database design, advanced spatial analysis, cartography, web mapping, and mobile data collection. Steve Crouch, PE Quality Manager 39 years 11 years College Coursework, Civil/Structural Engineering PE - Civil, CA, #59969 •OCTA, SR 55 Widening (I-405 to I-5) •OCPW, Gilbert Street Improvements •LABOE, Safe Sidewalks LA Program As HDR’s Transportation Southern California Area Quality Manager, Steve’s track record and commitment to excellence position him as a valuable asset for this project. This multifaceted role encompasses the development of rigorous quality assurance and quality control procedures and oversight of compliance reviews for clients such as OCTA, LA Metro, and various local cities. Tim Fettig, PLS (GUI) Surveying/Mapping 37 years 29 years College Coursework, Surveying Professional Land Surveyor (PLS), CA, #7542 •City of Santa Ana, McFadden Avenue Protected Bike Lane •City of Irvine, Jeffrey Open Space Trail/I-5 Bicycle and Pedestrian Bridge •City of Irvine, On-Call Professional Land Surveying Services Tim brings over 37 years of surveying expertise as a project manager and licensed party chief. He has managed a multitude of projects throughout Southern California, including projects with the City, overseeing staff members, workload, and scheduling. He engages in both field and office support and is knowledgeable about the latest equipment, technology, and product development. Steve Gaskill, PTP Multimodal Concept Development: Data Analysis 18 years < 1 year MS, Transportation Planning and Engineering Professional Transportation Planner (PTP), CA, #769 •City of Culver City, Transportation Planning On-Call - Various Task Orders •LA Metro, North Hollywood to Pasadena BRT •City of Pico Rivera, Rosemead/Lakewood Blvd Complete Corridor Plan Steve looks for innovative ways to provide accessible transportation options to communities by analyzing data, developing planning strategies that incorporate equity considerations, and developing transit operations strategies that optimize travel time and convenient transfers. Steve’s focus is on providing competitive transportation choices to communities and optimizing multimodal operations. George Gorman Environmental Analysis 14 years 3 years Juris Doctor MLS, Resources Law Studies BA, Philosophy & Psychology - •LA Metro, North Hollywood to Pasadena BRT •City of Malibu, Pacific Coast Highway Signal Systems Improvements •City of Oroville, SR-162 Pedestrian/Bicycle Mobility and Safety Improvements Primarily focused on linear transportation projects, George has over 14 years of experience in environmental planning, policy, regulatory compliance, and overseeing preparation of CEQA/NEPA documents for numerous federal, state, and local agencies across the country. His legal and federal background gives him a unique perspective that he leverages to advise clients in managing complex projects. Michael Gorton, AICP Modeling/Forecasting 27 years 16 years MS, Geography BA, Journalism American Institute of Certified Planners (AICP), #17953 •OCTA, OC Streetcar Program Management •OCTA, South Orange County Multimodal Transportation Study •SANDAG, Central Mobility Hub Comprehensive Multimodal Corridor Plan Michael is an experienced transportation planner with extensive experience in conducting traffic analyses, evaluating traffic impacts of transportation projects, and supporting the development of purpose and need statements based on travel demand forecasts. In addition to his technical expertise in travel forecasting, he has demonstrated leadership in directing complex transportation planning projects. Elizabeth Ha Equity 3 years 1 year MS, Urban & Regional Planning BA, Social Ecology - •City of Culver City, Transportation Planning On-Call - Various Task Orders •LA Metro, North Hollywood to Pasadena BRT •OCTA, South Orange County Rail Station Feasibility Study Elizabeth’s experience includes preparing multimodal plans, feasibility studies, grant applications, and community outreach for transportation projects for clients across Southern California. Since joining HDR, she has worked to advance equitable solutions on several multimodal projects, many of which share similarities to the First Street project. Karen Higareda Community Engagement 10 years < 1 year MS, Architecture BS, Architecture - •LACDPW, Proposition 218 Public Outreach Services •LACDPW, Flood Risk Public Outreach Services •City of San Diego, Solid Waste Rate Study A proven expert in strategic communications in both English and Spanish, Karen is passionate about delivering positive results and adding value to the community through collaborative projects. Her skills include event planning, copywriting, advocacy, strategic thinking, crisis communications, community engagement, project management, and fundraising. Rohit Itadkar, PE, TE Technology/ITS 16 years 6 years MS, Civil Engineering BS, Civil Engineering PE - Civil, CA, #92404 PE - Traffic, CA, #2754 •OCPW, OC Loop Segment H Bikeway Traffic Signal Modification Plans •City of Costa Mesa, Baker-Placentia-Victoria-19th Street Regional TSSP •LABOE, Safe Sidewalks LA Program Rohit brings 16 years of experience in local traffic engineering and design, ITS, traffic operations, signing and striping, traffic control plans, connected vehicle technologies (V2V/V2X), and transportation planning. His extensive background in analyzing and prioritizing traffic implementation projects will help keep the project on track throughout the delivery schedule. Allyson (Ally) Jeffers Community Engagement 5 years 3 years BA, Political Science and Communication - •City of Culver City, Transportation Planning On-Call - Various Task Orders •LACDPW, Proposition 218 Outreach Support •SoCalGas, Climate Adaptation Development of Community Engagement Plan Ally strategizes, develops, and implements educational and outreach programs that involve a range of public relations, advertising, media relations, social media, and external/internal communications. She is experienced in stakeholder identification and coordination, event logistics and management, and developing copy for newsletters, press releases, traffic alerts, construction notices, and project websites. Nathan Johnston, PE Roadway Design 11 years 11 years MS, Civil and Environmental Engineering BS, Civil Engineering PE - Civil, CA, #85640 •City of Santa Ana, Fairview Street Design Services and Bridge Replacement •OCTA, SR 91 Improvements Segment 2 (SR 55 to SR 57) •LA Metro, North Hollywood to Pasadena BRT Nathan is a senior highway engineer specializing in the design of local multimodal transportation facilities. He is exceptionally skilled in the analysis and design of intersections (including pedestrian, bicycle, and railway facilities), geometric design of roadways and highways, drainage design and analysis, utility coordination, ADA design, and engineering cost estimates. Table 4: Support Staff Qualifications A-22 City of Santa Ana | First Street Multimodal Boulevard Study RFP NO. 25-029 | Appendix A: Key Staff Resumes & Support Staff Qualifications City Council 18 – 79 5/20/2025 NAME & ROLE TENURE (INDUSTRY/FIRM)EDUCATION PROFESSIONAL CREDENTIALS RELEVANT EXPERIENCE VALUE TO CITY OF SANTA ANA Arriana Jones Community Analytics 2 years 2 years BS, Environmental Systems Engineering - •LACDPW, Proposition 218 Outreach Support •LA Metro, Link Union Station •City of Phoenix, Phoenix Downtown Redevelopment Plan Arriana is a transportation planner experienced in grant writing and plan development in relation to transportation equity and environmental justice. Her responsibilities include research and data collection, mapping and spatial analysis, and multimodal transportation planning. She is experienced in developing federal grant applications, preparing local transportation plans, and working with large project teams with external partners. Kolton Kammerer Graphic Design/Visualization 19 years 13 years BA, Graphic Design - •San Joaquin County DPW, Country Club Blvd. Complete Streets Corridor Plan •LA Metro, I-605 Corridor Improvement Project PA&ED •LACDPW, Proposition 218 Outreach Support Kolton’s experience includes creating print, web, and multimedia work for a variety of projects. He is well versed in drawing, illustration, 2D animation, audio production, voiceover narration, and copywriting. Kolton collaborates with multidisciplinary teams to create photo-realistic visual renderings of proposed projects, aiding in client communication and stakeholder buy-in. Garrett Kaya, PE ADA Compliance 18 years 16 years BS, Civil Engineering PE - Civil, CA, #78380 •OCTA, SR 55 Widening (I-5 to SR 91) •LA Metro, North Hollywood to Pasadena BRT •LA Metro, Lakewood/Rosemead Corridor Enhanced Transit Assessment Garrett has over 18 years of transportation engineering experience with projects specializing in PSR, PA&ED, and PS&E for Caltrans and various local agencies. He has managed the design and delivery of major projects that include development of multimodal transportation networks, BRT alternatives, and active transportation alternatives. Gene Kim, PE, TE, RSP1 Microsimulation Analysis 21 years < 1 year MS, Civil Engineering BS, Civil Engineering PE - Civil, CA, #83175 PE - Traffic, CA, #2846 RSP Level 1, #1550 •City of Redondo Beach, Various Traffic Engineering Projects •City of Laguna Niguel, Various Traffic Engineering Projects •City of Bellflower, Downtown Bellflower Parking Analysis Having served as a city traffic engineer for over 7 years, Gene has a broad understanding of the operations, goals, limitations, and public administration that local public agencies face. Utilizing tools such as Synchro and Microstation, he prepares technical analyses and determines potential alternatives and resolutions to enhance safety along local roadways. Joel Lessard-Clouston, AICP Multimodal Concept Development: Reporting/Support; Funding/Grant Strategy 6 years 4 years Masters, Urban Planning BS, Exercise Science AICP, #35261 •OCTA, OC Streetcar Program Management •LA Metro, Lakewood/Rosemead Corridor Enhanced Transit Assessment •City of Culver City, Transportation Planning On-Call - Various Task Orders Joel prepares multimodal planning studies, grant applications, and environmental documents for transportation projects in Southern California and across the country. He has supported the preparation of grant applications for a variety of state and federal funding programs for highway/roadway and rail projects, securing over $120 million for local projects. Mark McLaren Technical Advisor: Transit Infrastructure 40 years 26 years BS, Landscape Architecture - •OCTA, OC Streetcar Program Management •LA Metro, Los Angeles Streetcar Alternatives Analysis/Conceptual Engineering •City of Albuquerque, Albuquerque Rapid Transit Mark brings specialized experience in multimodal transportation projects, helping transit agencies to develop and implement long-range plans. As Project Director for HDR’s OC Streetcar Program Management contract, Mark is an expert on local policies, procedures, and priorities, making him a valuable asset to keeping this project on track. Danny Mendoza Right of Way 24 years 6 years College Coursework - •City of Santa Ana, Bristol Street Widening •OCTA, SR 55 Widening (I-405 to I-5) •OCTA, I-405 Improvements Project Danny has extensive experience delivering ROW services in multiple phases of delivery for roadway and highway projects throughout Southern California. He has worked on projects related to acquisition, relocation, project management, property management, and project estimating/budgeting. He has been instrumental in the development of key ROW programs, baseline program/project schedules, and preliminary cost estimate budgets. Michael Nájera, ASLA, ENV SP (CD) Graphic Design/Visualization 12 years 12 years BS, Landscape Architecture Envision Sustainability Professional (ENV SP) •OCTA, Central Harbor Boulevard Transit Corridor Study •LA Metro, Southeast Gateway Line First/Last Mile Plan •LA Metro/Caltrans Alameda Street Mobility Project PSR Michael’s graphics serve as vital tools for communicating multimodal design concepts. His experience ranges from 30% design documentation and illustrative diagrams/renderings, to hand-drawn sketches and facilitating design workshops with local agencies and city staff. He also has experience leading community walking tours in Spanish. Tham Nguyen Community Engagement 19 years 2 years MA, Urban Planning BS, Environmental Sciences - •City of Culver City, Transportation Planning On-Call - Various Task Orders •LA Metro, North Hollywood to Pasadena BRT •LA Metro, Active Transportation Strategic Plan Tham’s extensive experience includes leadership roles in strategic planning and policy; planning, development and assessment of capital infrastructure projects; inclusive stakeholder and public engagement; equity impact assessments, as well as using unconventional approaches to improve mobility and increase access to opportunities. Riley O’Brien (EA) TOD/Land Use Planning 7 years 5 years Master of Urban and Regional Planning (MURP) BS, Environmental Sciences BA, Economics - •City of Commerce, TOD and Displacement Avoidance Plan •LA Metro, Business Interruption Fund Assessment •SCAG, REAP 2.0 Transportation Initiatives Riley leads spatial and quantitative data analysis and manages projects focused on transportation equity, environmental justice, housing affordability, and workforce development. To support California’s grant programs such as Affordable Housing and Sustainable Communities and Transformative Climate Communities, he coordinates with local governments and nonprofits to map projects, develop partnerships, and finalize application materials. David Petree, EIT Technology/ITS 17 years 12 years BS, Civil Engineering - •San Joaquin County DPW, Country Club Blvd. Complete Streets Corridor Plan •LA Metro, I-605 Corridor Improvement Project PA&ED •City of Long Beach, Various Pedestrian Accessibility Improvements David has developed unique traffic and multimodal analysis applications for public and community outreach using GIS to evaluate integrated roadway and pedestrian and bicycle systems, a full range of TDM, ITS/operation strategies, and multimodal impacts on roadway and transit systems. He is skilled in interpreting the results from VISSIM, VISUM, VISTRO, and Cube. Abby Pham Multimodal Integration Design < 1 year < 1 year BS, Civil Engineering - •LA Metro, North Hollywood to Pasadena BRT Abby has been working exclusively on multimodal street improvement design efforts related to bus routes, bicycle lanes, sidewalks, and curb ramps; all adhering to ADA standards. She is fluent in Vietnamese and will assist our community outreach team in communicating/translating outreach materials for the public. Alexis Plancarte, EIT Microsimulation Analysis 5 years 4 years BS, Civil Engineering - •LA Metro, North Hollywood to Pasadena BRT •San Joaquin County DPW, Country Club Blvd. Complete Streets Corridor Plan •LACDPW, Norwalk Boulevard Traffic Design Alexis brings a diverse array of transportation experience including traffic signals, street lighting, signing and striping, intersection and corridor improvement analysis, field analysis, travel time runs, traffic counts, and existing conditions assessments. He is skilled in modeling traffic conditions and improvements using Synchro and Tru-Traffic. Rory Renfro Technical Advisor: Active Transportation 23 years 4 years MURP BS, Urban Planning AICP, #022767 •San Joaquin DPW, Country Club Boulevard Complete Streets Corridor Plan •Oregon DOT, Equitable Access and Safety Improvements Evaluation •Oregon DOT, Pedestrian, Bicycle and Transit Enhancement Measures Rory has a deep understanding of pedestrian, bicycle and transit needs, and brings a proven ability to identify and navigate modal trade-offs when working within constrained environments. A-23 City of Santa Ana | First Street Multimodal Boulevard Study RFP NO. 25-029 | Appendix A: Key Staff Resumes & Support Staff Qualifications City Council 18 – 80 5/20/2025 NAME & ROLE TENURE (INDUSTRY/FIRM)EDUCATION PROFESSIONAL CREDENTIALS RELEVANT EXPERIENCE VALUE TO CITY OF SANTA ANA Dina Rochford Principal-in-Charge 32 years < 1 year BA, Political Science - •OCTA, PMC Services for Capital Programs • City of Irvine, City Specific Plan Update (Assistant to the Mayor) •McDonald’s, New Restaurant Expansions across Southern California Dina works closely with residents, municipal governments, businesses, and political institutions to get community buy-in and projects built. Her exceptional communication and management skills foster efficient and effective teamwork both internally and externally. As HDR’s Orange County Area Transportation Program Manager, she will oversee continual availability of staff and corporate resources. Christina Rodriguez Website/Social Media 18 years 16 years BS, Biology - •City of Culver City, Transportation Planning On-Call - Various Task Orders •Mesa County (CO), Safe Streets and Roads for All (SS4A) Action Plan •Metropolitan Council (MN), METRO D Line BRT Christina leads HDR’s Digital Engagement Team, providing creative direction, web strategy, web design and development, creative writing, and public involvement support for infrastructure projects throughout the country. She designs innovative and interactive materials that engage audiences and aid in project understanding and acceptance. Damian Rodriguez, EIT ADA Compliance 11 years 2 years BS, Civil Engineering - •OCTA, SR 55 Widening (I-5 to SR 91) •LA Metro, North Hollywood to Pasadena BRT •LABOE, Safe Sidewalks LA Program Damian brings expertise in a diverse array of engineering software programs, including Civil 3D, InRoads, Microstation, AutoCAD, Synchro, Trimble Business Center, Revit, and ArcGIS. Through his work on the Safe Sidewalks LA Program, he has gained a thorough understanding ADA standards for pedestrian walkways at intersections to streets, roads, and highways. Melissa Rodriguez, PE Multimodal Integration Design 20 years 8 years BS, Civil Engineering PE - Civil, CA, #77982 •OCTA, SR 55 Widening (I-5 to SR 91) •LA Metro, North Hollywood to Pasadena BRT •LA Metro, SR 72/Whittier Boulevard Intersection Improvements PS&E Melissa brings 20 years of planning and design experience for transportation projects, many with multimodal elements. She is skilled in project management, roadway design, utility coordination and preliminary relocation design, stage construction and traffic handling plans, and quantities and cost estimates. She has strong working relationships with Caltrans District 12 and many local cities. Eric Rouse Technical Advisor: Financial Strategy 29 years 18 years MS, Community and Regional Planning BS, Political Science and Government - •OCTA, OC Streetcar Program Management •City of Lake Elsinore, I-15/SR 74 Interchange Improvement •RCTC, PVL Transit Oriented Development (TOD) Pilot Program Specializing in the financial, operational, and institutional analysis of existing and planned infrastructure programs, Eric has been instrumental in the success of funding and financing strategies for transportation programs across the country. Through his experience on the OC Streetcar, Eric has become an expert at navigating the financial and political landscape of the City and surrounding communities. Erin Ryan (CPOG) Community Engagement 17 years < 1 year BS, Agricultural Science - •SBCTA, ONTConnector •City of Anaheim, City Manager’s Office - Senior Communications Specialist (previous titles: Communications Specialist II, Public Information Specialist) Erin brings a profound understanding of local municipal needs, preferences, operational frameworks, and resident/stakeholder perspectives and concerns. She excels in creating strategic communications plans, managing diverse media relations, bringing stories to life in videos, and overseeing public information operations. Shea Saladee Website/Social Media 13 years 6 years MA, Mass Communications and Journalism MA, Theatre BA, Secondary Education - •LACDPW, Proposition 218 Outreach Support •City of San Diego, Solid Waste Rate Study •City of Phoenix, Phoenix BRT Program Management Shea is a highly skilled media practitioner who brings the latest theories and best practices in website creation, social media, public relations, digital insight and analytics, and strategic communications to the team. Her ability to strategically plan and implement digital outreach strategies allows her to communicate more effectively with targeted audiences. Rebecca Shum, PE Cost Estimating 13 years 8 years BS, Civil Engineering PE - Civil, CA, #83512 •OCTA, SR 55 Widening (I-5 to SR 91) •OCTA, SR 55 Widening (I-405 to I-5) •OCTA, SR 91 Improvements Segment 2 (SR 55 to SR 57) Rebecca has a deep understanding of delivering high-quality roadway and highway design projects that are technically challenging and under stringent schedules. Her extensive PS&E experience and long-term working relationship with Caltrans District 12 design and management staff have fostered a smooth delivery and approval process for her projects in Orange County. Susan Sugnet Graphic Design/Visualization 27 years 4 years BA, Graphic Design - •City of Culver City, Transportation Planning On-Call - Various Task Orders •San Joaquin County DPW, Country Club Blvd. Complete Streets Corridor Plan •LACDPW, Proposition 218 Outreach Support Susan is a seasoned graphic designer that can design and manage multiple visual communications simultaneously from concept to final production. She is adept at creating compelling visuals for digital and print purposes, producing consistent branding throughout all collateral, and collaborating with cross-functional teams and external partners. Adrian Suzuki, RLA Landscape Architecture 12 years 8 years MA, Landscape Architecture BA, Urban Design Landscape Architect, CA, #6889 •LABOE, Safe Sidewalks LA Program •LA Metro, Southeast Gateway Line Advanced Engineering •LA Metro, Link Union Station An inquisitive and proactive individual, Adrian is driven to improve the build environment. He is experienced with community involvement, site research and analysis, construction documentation, and the city approval processes. Adrian is proficient in computer-aided drafting techniques, interdisciplinary communications, and illustrative hand-drawings. Henry Tong, PE Project Specifications 13 years 13 years MS, Transportation Engineering BS, Civil and Environmental Engineering PE - Civil, CA, #81357 •OCTA, SR 55 Widening (I-5 to SR 91) •LA Metro, North Hollywood to Pasadena BRT •LA Metro, Imperial Highway Corridor Capacity Enhancements Henry’s experience includes final PS&E for numerous local and regional roadway and highway facilities, roadway geometrics (horizontal and vertical), interchanges, analyses of Caltrans design exceptions, and preparation of detailed quantity and cost estimates. He specializes in civil surface modeling with InRoads, preparing 3-D design models, and precise earthwork models. Alyssa Trautz (CPOG) Graphic Design/Visualization 14 years < 1 year AA, Graphic Design - •OCTA, SR 55 Widening (I-405 to I-5) •OCTA, SR 91 Improvements Segment 2 (SR 55 to SR 57) •OCTA, I-605/Katella Avenue Interchange Project Alyssa is a seasoned graphic designer with experience in community outreach for clients such as OCTA and Caltrans District 12. She has played a pivotal role in designing and delivering impactful visual materials for public engagement campaigns that clearly communicate complex transportation and construction projects to diverse audiences. Alondra Villegas, PE Traffic Engineering/Traffic Control Plans 5 years 5 years BS, Civil Engineering PE - Civil, CA, #97109 •LA Metro, North Hollywood to Pasadena BRT •OCTA, SR 55 Widening (I-405 to I-5) •OCTA, SR 91 Improvements Segment 2 (SR 55 to SR 57) Utilizing software such as Bentley Power InRoads and AutoDesk Civil 3D, Alondra brings local experience in traffic engineering, roadway geometrics, drainage analysis, and signage and striping. Robert Yates Funding/Grant Strategy 33 years 7 years BS, Geography/Urban and Regional Planning - •City of Culver City, Transportation Planning On-Call - Various Task Orders •LA Metro, Bus Network Restructuring Study •RCTC, Grant Support Services Robert is an outside-the-box innovator in transportation project definition, transportation project development, and funding strategy design. He has been instrumental in developing strategic planning studies for a number of clients as well as generating award-winning grant applications. A-24 City of Santa Ana | First Street Multimodal Boulevard Study RFP NO. 25-029 | Appendix A: Key Staff Resumes & Support Staff Qualifications City Council 18 – 81 5/20/2025 Required CertificationsAppendix B City Council 18 – 82 5/20/2025 City of Santa Ana | First Street Multimodal Boulevard Study RFP NO. 25-029 | Appendix B: Required Certifications CITY OF SANTA ANA List and describe fully the contracts performed by your firm which demonstrate your ability to provide the supplies, equipment or services included in the scope of the proposal specifications. Attach additional pages if required. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications. REFERENCE Customer Name:_________________________Contact Individual: ____________________________ Address: ________________________________Phone Number: _______________________________ EMAIL: ____________________________________ Contract Amount: ________________________Year: ______________________________________ Description of supplies, equipment, or services provided: __________________________________________________________________________________ REFERENCE Customer Name:_________________________Contact Individual: ____________________________ Address: ________________________________Phone Number: _______________________________ EMAIL: ____________________________________ Contract Amount: ________________________Year: ______________________________________ Description of supplies, equipment, or services provided: __________________________________________________________________________________ REFERENCE Customer Name:_________________________Contact Individual: ____________________________ Address: ________________________________Phone Number: _______________________________ EMAIL: ____________________________________ Contract Amount: ________________________Year: ______________________________________ Description of supplies, equipment, or services provided: THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. ATTACHMENT A REFERENCES Valley Boulevard Complete Streets Feasibility Study - see page 14 for more information. This project was completed by Project Manager Dawn Wilson prior to joining HDR. $400,000 2022 - 2023 swright@elmonteca.gov 626.826.4695 Steven Wright 11333 Valley Boulevard El Monte, CA 91731 City of El Monte Transportation Planning On-Call, Various Task Orders - see page 14 for more information $1,170,037 (HDR fees to date)2023 - Ongoing diana.chang@culvercity.org 310.253.6566 Diana Chang 4343 Duquesne Avenue Culver City, CA 90232 City of Culver City SR 55 Widening PS&E (I-5 to SR 91) - see page 14 for more information $9M 2022 - Ongoing jlee@octa.net 714.560.5735 Jeannie Lee 550 South Main Street Orange, CA 82863 OCTA B-01 City Council 18 – 83 5/20/2025 City of Santa Ana | First Street Multimodal Boulevard Study RFP NO. 25-029 | Appendix B: Required Certifications CITY OF SANTA ANA Proposer understands and agrees that this written RFP (or any part thereof specifically designated and accepted by the City of Santa Ana, hereinafter City) shall constitute the entire agreement between proposer and the City only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Executive Director or his duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to proposer or deposited with the United States Postal Service properly addressed to the proposer with the correct postage affixed thereto. Proposer further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish City all required required bonds and certificate of liability insurance within ten (10) days (excluding Saturdays, Sundays and City’s legal holidays), or the funds, check, draft, or proposer’s bond substituted in lieu thereof accompanying this proposal shall become the property of the City and shall be considered as payment of damages due to the delay and other causes suffered by City because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered by City is difficult to ascertain; otherwise said funds, check drafts, or proposer’s bond substituted in lieu thereof shall be returned to the undersigned. Proposer understands that a proposal is required for the entire work, that the estimated quantities set forth in the RFP schedule are solely for the purpose of comparing proposals, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. All terms contained in the specifications, the certification of nondiscrimination by contractors, and the required insurance certificates are to be incorporated by reference into this agreement and are made specifically as part of this RFP. Firm________________________________________________________________________________ Signed and Printed Name: ______________________________________________________________ Title ________________________________________________________________________________ Date THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. ATTACHMENT B PROPOSER’S STATEMENT HDR Engineering, Inc. Thomas T. Kim Senior Vice President March 24, 2025 B-02 City Council 18 – 84 5/20/2025 City of Santa Ana | First Street Multimodal Boulevard Study RFP NO. 25-029 | Appendix B: Required Certifications B-03 City Council 18 – 85 5/20/2025 City of Santa Ana | First Street Multimodal Boulevard Study RFP NO. 25-029 | Appendix B: Required Certifications B-04 City Council 18 – 86 5/20/2025 City of Santa Ana | First Street Multimodal Boulevard Study RFP NO. 25-029 | Appendix B: Required Certifications CITY OF SANTA ANA The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in conformance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. Signed: Title: Firm: Date: THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. ATTACHMENT D NON-LOBBYING CERTIFICATION HDR Engineering, Inc. Thomas T. Kim Senior Vice President March 24, 2025 B-05 City Council 18 – 87 5/20/2025 City of Santa Ana | First Street Multimodal Boulevard Study RFP NO. 25-029 | Appendix B: Required Certifications CITY OF SANTA ANA The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: 1. The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers’ representatives of the Consultant’s commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Consultant’s non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. 7. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract ATTACHMENT E NON-DISCRIMINATION CERTIFICATION B-06 City Council 18 – 88 5/20/2025 City of Santa Ana | First Street Multimodal Boulevard Study RFP NO. 25-029 | Appendix B: Required Certifications CITY OF SANTA ANA or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a subconsultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, no discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed: Title: Firm: Date: THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. HDR Engineering, Inc. Thomas T. Kim Senior Vice President March 24, 2025 B-07 City Council 18 – 89 5/20/2025 City of Santa Ana | First Street Multimodal Boulevard Study RFP NO. 25-029 | Appendix B: Required Certifications CITY OF SANTA ANA Bidder acknowledges and agrees that under Public Contract Code section 4100, et seq., it must clearly set forth below the name and location of each subcontractor who will perform work or labor or render service to the bidder in or about the work in an amount in excess of one-half of one percent (0.5%) of bidder’s total bid and the kind of work that each will perform. Furthermore, bidder acknowledges and agrees that under Public Contract Code section 4100, et seq., if bidder fails to list as to any portion of work, or if bidder lists more than one subcontractor to perform the same portion of work (i.e. bidder must indicate what portion of the work each subcontractor will perform), bidder must perform that portion itself or be subjected to penalty under applicable law. If alternate bids are called for and bidder intends to use subcontractors different from or in addition to those subcontractors listed for work under the base bid, bidder must list subcontractors that will perform work in an amount in excess of one half of one percent (0.5%) of bidder’s total bid, including alternates. In case more than one subcontractor is named for the same kind of work, the Contractor is to state the portion of work that each subcontractor will perform. Bidders or suppliers of materials only do not need to be listed. If further space is required for the list of proposed subcontractors, additional sheets showing the required information, as indicated below, shall be attached hereto and made a part of this document. Listed below is the name of each subcontractor that will perform work, labor, or render services to the undersigned related to the work of this project. This is to include any subcontractor that will specially fabricate and install a portion of work according to detailed drawings contained in the plans and specifications in the amount greater than one half of one percent (.05%) of the contractors total bid. Additional sheets may be attached if needed. Subcontractor Name: Location: Portion of Work/Trade: Bid Amount Contractor’s License Number DIR Registration No. Subcontractor Name: Location: Portion of Work/Trade: Bid Amount: Contractor’s License No: DIR Registration No: Contractor will not be subcontracting any portion of work. THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. ATTACHMENT F SUBCONTRACTOR DESIGNATION FORM TBD Cityworks Design San Marino, CA Multimodal concept development; graphic design/visualization Not applicable Not applicable TBD Costin Public Outreach Group, Inc.Huntington Beach, CA Community engagement; jurisdictional/CBO coordination; graphic design/visualization Not applicable 2000004808 B-08 City Council 18 – 90 5/20/2025 City of Santa Ana | First Street Multimodal Boulevard Study RFP NO. 25-029 | Appendix B: Required Certifications CITY OF SANTA ANA Bidder acknowledges and agrees that under Public Contract Code section 4100, et seq., it must clearly set forth below the name and location of each subcontractor who will perform work or labor or render service to the bidder in or about the work in an amount in excess of one-half of one percent (0.5%) of bidder’s total bid and the kind of work that each will perform. Furthermore, bidder acknowledges and agrees that under Public Contract Code section 4100, et seq., if bidder fails to list as to any portion of work, or if bidder lists more than one subcontractor to perform the same portion of work (i.e. bidder must indicate what portion of the work each subcontractor will perform), bidder must perform that portion itself or be subjected to penalty under applicable law. If alternate bids are called for and bidder intends to use subcontractors different from or in addition to those subcontractors listed for work under the base bid, bidder must list subcontractors that will perform work in an amount in excess of one half of one percent (0.5%) of bidder’s total bid, including alternates. In case more than one subcontractor is named for the same kind of work, the Contractor is to state the portion of work that each subcontractor will perform. Bidders or suppliers of materials only do not need to be listed. If further space is required for the list of proposed subcontractors, additional sheets showing the required information, as indicated below, shall be attached hereto and made a part of this document. Listed below is the name of each subcontractor that will perform work, labor, or render services to the undersigned related to the work of this project. This is to include any subcontractor that will specially fabricate and install a portion of work according to detailed drawings contained in the plans and specifications in the amount greater than one half of one percent (.05%) of the contractors total bid. Additional sheets may be attached if needed. Subcontractor Name: Location: Portion of Work/Trade: Bid Amount Contractor’s License Number DIR Registration No. Subcontractor Name: Location: Portion of Work/Trade: Bid Amount: Contractor’s License No: DIR Registration No: Contractor will not be subcontracting any portion of work. THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. ATTACHMENT F SUBCONTRACTOR DESIGNATION FORM TBD Estolano Advisors Los Angeles, CA TOD/land use planning Not applicable 1001018617 TBD GUIDA Irvine, CA Surveying/mapping Not applicable 1000006862 B-09 City Council 18 – 91 5/20/2025 City of Santa Ana | First Street Multimodal Boulevard Study RFP NO. 25-029 | Appendix B: Required Certifications CITY OF SANTA ANA PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. Bidder hereby acknowledges that they have reviewed the California Air Resources Board’s policies, rules and regulations and are familiar with the requirements of Title 13, California Code of Regulations, Division 3, Chapter 9, effective on January 1, 2024 (the “Regulation”). Bidder hereby certifies, subject to penalty for perjury, that the option checked below relating to the Bidder’s fleet, and/or that of their subcontractor(s) (“Fleet”) is true and correct: The Fleet is subject to the requirements of the Regulation, and the appropriate Certificate(s) of Reported Compliance have been attached hereto. The Fleet is exempt from the Regulation under section 2449.1(f)(2), and a signed description of the subject vehicles, and reasoning for exemption has been attached hereto. Bidder and/or their subcontractor is unable to procure R99 or R100 renewable diesel fuel as defined in the Regulation pursuant to section 2449.1(f)(3). Bidder shall keep detailed records describing the normal refueling methods, their attempts to procure renewable diesel fuel and proof that shows they were not able to procure renewable diesel (i.e. third-party correspondence or vendor bids). The Fleet is exempt from the requirements of the Regulation pursuant to section 2449(i)(4) because this Project has been deemed an Emergency, as defined under section 2449(c)(18). Bidder shall only operate the exempted vehicles in the emergency situation and records of the exempted vehicles must be maintained, pursuant to section 2449(i)(4). The Fleet does not fall under the Regulation or are otherwise exempted and a detailed reasoning is attached hereto. _________________________________________________________________ Bidder’s Company Name (please print or type) __________________________________________________________________ Signature of Bidder __________________________________________________________________ Print Name __________________________________________________________________ Title ___________________________________ DOORS ID THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. ATTACHMENT G CARB FLEET COMPLIANCE CERTIFICATION HDR Engineering, Inc. Thomas T. Kim Senior Vice President N/A X All vehicles in HDR’s California fleet are registered and licensed as on-road vehicles and therefore not subject to the Regulation. B-10 City Council 18 – 92 5/20/2025 3220 El Camino Real, Suite 200 Irvine, CA 92602 714.730.2300 hdrinc.com We practice increased use of sustainable materials and reduction of material use. © 2025 HDR, Inc., all rights reserved. City Council 18 – 93 5/20/2025 Public Works Agency www.santa-ana.org/pw Item # 19 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report May 20, 2025 TOPIC: Agreement for Water and Sewer Long-term Financial Planning and Cost of Service Study AGENDA TITLE Agreement with Robert D. Niehaus, Inc. for Long-Term Financial Planning and Water and Sewer Cost of Service Study (Specification No. 25-013) (Non-General Fund) RECOMMENDED ACTION Approve an agreement with Robert D. Niehaus, Inc. to conduct long-term financial planning and a water and sewer cost of service study for an amount not to exceed $130,850, for a term beginning May 20, 2025 and expiring May 19, 2028, with a provision for two one-year extensions (Agreement No. A-2025-XXX). GOVERNMENT CODE §84308 APPLIES: Yes DISCUSSION The Public Works Agency’s (PWA) Water Resources Division oversees the daily operations and maintenance of the City’s water and sanitary sewer systems. The water system is comprised of approximately 480 miles of water main, 21 groundwater wells, seven pump stations, 10 reservoirs with a storage capacity of 49 million gallons, four pressure regulating stations, and seven connection points to the Metropolitan Water District. The system has an average daily demand of 30 million gallons from its roughly 45,500 metered service connections. On November 19, 2019, at the conclusion of a comprehensive rate study that developed multi-year financial forecasting models for the Water and Sewer Enterprises to determine the level of annual rate revenue required to satisfy projected annual operating costs and identified capital needs, the City Council adopted a five-year rate plan for the City’s water and sewer services. The final rate adjustment of the current five-year plan took effect on July 1, 2023. To comply with California Proposition 218 requirements regarding the application of fair and equitable utility rates amongst ratepayers, it is necessary to perform a new cost of service and rate study to ensure Water Resources has the financial resources to continue the delivery of high-quality water and sewer services. City Council 19 – 1 5/20/2025 Agreement for Water and Sewer Cost of Service Study May 20, 2025 Page 2 5 0 2 9 Since the adoption of the current rate plan, Water Resources has undertaken a number of major infrastructure projects recommended in its master plan documents, including the rehabilitation of several wells, replacement of water pipeline, the addition of a new well, and the implementation of a smart water meter program. However, additional capital improvements, including the emerging need of PFAS treatment facilities, as well as the increased costs of operations and maintenance, require a review of the current rate structure and enterprise finances to determine how to achieve these needs. On January 30, 2025, the Public Works Agency released Request for Proposals (RFP) No. 25-013 (Exhibit 1) for qualified firms to provide long-term financial planning and water and sewer rate study services. The RFP was advertised on the City’s online bid management and publication system, PlanetBids, with proposals due on February 27, 2025. A summary of system records of vendor participation and results is as follows: 1099 Vendors Notified 46 Santa Ana Vendors Notified 25 Vendors Downloaded the Bid Packet 4 Proposals Received 0 Proposals Received from Santa Ana Vendors Staff recommends awarding an agreement (Exhibit 2) to Robert D. Niehaus, Inc. (RDN) to provide long-term financial planning and water and sewer rate study services. RDN’s proposal demonstrates the firm has the necessary technical expertise and capacity to complete the scope of work identified in the RFP. RDN has developed financial plans and rate studies for myriad utilities, both locally and nationally, and is familiar with City operations, having previously worked with the Water Resources Division to review its financial plans. ENVIRONMENTAL IMPACT There is no environmental impact associated with the action. FISCAL IMPACT Funding is available in the FY 24-25 budget and funding for subsequent fiscal years will be included in the proposed budgets for City Council consideration. Fiscal Year Accounting Unit – Account # Fund Description Accounting Unit, Account Description Amount Contract (3-Year Term) 2024-25 06017645- 62300 Water Water Admin/Engineering, Contract Services – Professional $20,000 City Council 19 – 2 5/20/2025 Agreement for Water and Sewer Cost of Service Study May 20, 2025 Page 3 5 0 2 9 Fiscal Year Accounting Unit – Account # Fund Description Accounting Unit, Account Description Amount 2025-26 06017645- 62300 Water Water Admin/Engineering, Contract Services – Professional $109,350 2026-27 06017645- 62300 Water Water Admin/Engineering, Contract Services – Professional $500 Optional Two-Year Extension 2027-28 06017645- 62300 Water Water Admin/Engineering, Contract Services – Professional $500 2028-29 06017645- 62300 Water Water Admin/Engineering, Contract Services – Professional $500 Total $130,850 EXHIBIT(S) 1. RFP No. 25-013 2. Agreement with Robert D. Niehaus, Inc. Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Alvaro Nuñez, City Manager City Council 19 – 3 5/20/2025 EXHIBIT 1 City Council 19 – 4 5/20/2025 CITY OF SANTA ANA NOTICE INVITING PROPOSALS NOTICE IS HEREBY GIVEN that proposals will be received from qualified consultant(s) for Long-Term Financial Planning and Water Rate Study Services. Responses to this Request for Proposal (RFP) will be accepted until Tuesday, February 25, 2025 at 2:00 p.m. Proposals shall be submitted electronically through the PlanetBids system. No other form of submittal will be accepted. It is the responsibility of the proposer to ensure that any proposals submitted has been uploaded to PlanetBids prior to this proposal due date and time. Refer to “Response to RFP” section for additional submittal instructions. Proposals shall NOT be mailed or sent via telegraphic, electronic or facsimile means. All notifications, requests for information, updates and addenda will be posted on PlanetBids at page at https://www.planetbids.com/portal/portal.cfm?CompanyID=20137. Proposers shall be responsible for monitoring the site to obtain information regarding this solicitation. Failure to respond to required updates may result in a determination of a nonresponsive qualification. LETTER OF INTENT: As a courtesy to the City, all interested firms are encouraged to submit a Letter of Intent of their pending proposal to the noted Project Manager by the required date as shown on the cover page of this RFP. Letters shall be sent via certified mail or email. A decision, by an interested firm, not to be submit a Letter of Intent would not lead to the disqualification of the firm. City Council 19 – 5 5/20/2025 CITY OF SANTA ANA TABLE OF CONTENTS I. BACKGROUND ........................................................................................................................... 4 II. OVERVIEW OF PROJECT .......................................................................................................... 4 III. TERM OF AGREEMENT ............................................................................................................ 4 IV. MINIMUM QUALIFICATIONS ...................................................................................................... 4 V. RESPONSE TO RFP .................................................................................................................. 5 VI. CERTIFICATIONS (ATTACHMENTS) ......................................................................................... 9 VII. REFERENCES ............................................................................................................................ 9 VIII. MINIMUM SCOPE AND LIMIT OF INSURANCE ....................................................................... 10 IX. SELECTION PROCEDURES & CRITERIA ............................................................................... 10 X. WITHDRAWALS........................................................................................................................ 11 XI. GENERAL TERMS AND CONDITIONS .................................................................................... 11 XII. AWARD OF AGREEMENT ........................................................................................................ 16 XIII. IMPLEMENTATION ................................................................................................................... 16 EXHIBITS Exhibits provided herein for Proposers’ reference only. EXHIBIT I – SCOPE OF SERVICES EXHIBIT II – SAMPLE AGREEMENT ATTACHMENTS A PROPOSER’S CERTIFICATION, PROPOSAL ITEM PRICING B REFERENCES C PROPOSER’S STATEMENT D NON-COLLUSION AFFIDAVIT E NON-LOBBYING CERTIFICATION F NON-DISCRIMINATION CERTIFICATION G SUBCONTRACTOR DESIGNATION FORM City Council 19 – 6 5/20/2025 CITY OF SANTA ANA I. BACKGROUND The City of Santa Ana, California, is rich in culture and pride, the county seat of Orange County, and encompasses an area of approximately 27 square miles. For more information, please visit https://www.santa-ana.org/ II. OVERVIEW OF PROJECT The City of Santa Ana (City) is seeking proposals from qualified firms and organizations (Proposers) to provide Long-Term Financial Planning and Water Rate Study Services. See EXHIBIT I for complete Scope of Services. The term “Vendor”, “Proposer”, “Firm”, “Consultants”, and “Contractor” shall refer to any legal entity or entities submitting a proposal in response to this Request for Proposals (RFP). III. TERM OF AGREEMENT The anticipated term of the agreement is for an initial period of three (3) years. The City may, at its discretion, extend the agreement with the same or more limited scope of required services for two (2) additional one (1) year periods, upon mutual agreement contingent upon City Council approval, or City Manager or City Attorney authorization, as appropriate. The total term of the awarded agreement shall not exceed five (5) years. Usage is not guaranteed. Execution of an agreement between the City and successful firm(s) and/or individual(s) does not guarantee work throughout the duration of the contract period. Numerous factors will be evaluated by the City in its delivery of project and assignments, including technical expertise required. IV. MINIMUM QUALIFICATIONS 1) Contractor must have been in business continuously for the most recent five (5) years prior to the date of this RFP. 2) Minimum five (5) most recent years of experience performing similar services as those detailed in the Scope of Services section of this RFP. City Council 19 – 7 5/20/2025 CITY OF SANTA ANA V. RESPONSE TO RFP A. SUBMITTAL INSTRUCTIONS It is the responsibility of the Proposer to ensure that any proposals submitted have been uploaded to PlanetBids prior to the RFP due date and time. Proposals, including all required sections and forms, shall be submitted electronically via the City’s Bid Management System, PlanetBids. No other form of submittal will be accepted. Additionally, it is a requirement that five (5) hard copy proposals be delivered to the Public Works Agency drop box located on the City Yard Admin Building in the first floor lobby in an enclosed sealed envelope and marked clearly with the following: Gentle note: staff will not timestamp or sign any hard copy deliveries as the electronic submittal by the deadline will suffice. For further instructions regarding hard copy submission of proposals, refer to PlanetBids. PlanetBids will not accept late proposals and no exceptions shall be made. Proposers will receive an e-bid confirmation number with a time stamp from PlanetBids indicating that their proposal was submitted successfully. The City will only receive and consider those proposals that were transmitted successfully. Submit proposal online at: http://www.planetbids.com/portal/portal.cfm?CompanyID=20137. Proposer shall be solely responsible for informing itself with respect to the proper utilization of the bid management system, for ensuring the capability of their computer system to upload the required documents, and for the stability of their internet service. Failure of the Proposer to successfully submit an electronic proposal shall be at the Proposer’s sole risk and no relief will be given for late and/or improperly submitted proposals. Proposers experiencing any technical difficulties with the bid submission process may contact PlanetBids at (818) 992- 1771. Questions of an operational nature may be directed to the City’s assigned Buyer. Neither the City, nor PlanetBids, makes any guarantee as to the timely availability of assistance, or assurance that any given problem will be resolved by the bid submission deadline. Proposals shall NOT be sent via telegraphic, electronic, or facsimile means. All notifications, updates and addenda will be posted online on PlanetBids at https://www.planetbids.com/portal/portal.cfm?CompanyID=20137. Proposers shall be responsible for monitoring the site to obtain information regarding this solicitation. Failure to respond to required updates may result in a determination of a nonresponsive proposal. “SEALED PROPOSAL FOR LONG-TERM FINANCIAL PLANNING AND WATER RATE STUDY SERVICES RFP NO. 25-013 IN THE CITY OF SANTA ANA DO NOT OPEN WITH REGULAR MAIL.” City of Santa Ana Attn.: Armando Fernandez, P.E. Public Works Agency 220 S. Daisy Ave.; M-85 Santa Ana, CA 92703 City Council 19 – 8 5/20/2025 CITY OF SANTA ANA B. COMMUNICATION / CONTACT WITH CITY STAFF Unless otherwise authorized herein, Proposers who are considering submitting a proposal in response to this RFP, or who submit a proposal in response to this RFP, are only to communicate with the assigned Project Coordinator(s), and no other City staff about this RFP from the date this RFP is issued until a contract is awarded. The City will provide all official communication concerning this RFP in writing via the City’s Bid Management System, PlanetBids. The City will not be responsible for or bound by any oral communication or any other information or contact that occurs outside the official communication process specified herein, unless confirmed in writing by the designated Project Manager(s). C. REQUEST FOR INFORMATION OR CLARIFICATION / QUESTIONS Questions regarding this RFP shall be submitted via PlanetBids. Responses to all questions will be posted on PlanetBids no later than the date and time shown at the schedule of key RFP dates on the cover page of this RFP. All prospective Proposers are advised to visit PlanetBids on a regular basis as responses may be posted earlier than the date above (if applicable). No verbal requests or responses will be accepted. Significant interpretations or clarifications will be addressed via addenda to this RFP. Significant interpretations or clarifications and responses to questions received by the deadline will be addressed via addenda to this RFP, which will be released and posted on PlanetBids under the “Addenda/Emails” tab. D. EXCEPTIONS Requests submitted for City’s consideration of proposed terms and conditions, including modifications to the City’s RFP and/or Contract terms and conditions must be submitted by the deadline for questions. Such requests should include an attachment in Word or PDF format on formal company letterhead that shows the requested modifications. Should the Proposer be considered for award recommendation and progress into the negotiations phase, the requests for exceptions or modifications to the City’s terms and conditions will be discussed at that time. The City will not accept any requests after the deadline for questions and reserves the right to reject or strike any requests for exceptions or additional terms and conditions related to Agreement, RFP, and insurance and indemnification terms and conditions. E. ADDENDA Any changes in RFP from the date of release to date of submittal will result in an addendum or amendment. Notification of such addendum or amendment shall be posted on City’s PlanetBids system, https://www.planetbids.com/portal/portal.cfm?CompanyID=20137. Proposers shall be responsible for monitoring the site to obtain information regarding this solicitation. F. UNDERSTANDING PROPOSAL It is the responsibility of each Proposer to inquire about any criteria, condition, term, provision, or requirement of the RFP that the Proposer does not understand. Responses to inquiries, if they significantly change or clarify the RFP requirements or any aspect of the procurement process, will be forwarded by addenda to all Proposers. The City will not be bound by any oral responses to inquiries. By submitting proposals, Proposers assert that they have fully read the RFP and any addenda issued by the City, the proposed Contract and any other Contract Documents, and affirm that the terms and conditions stated therein are fully understood and are acceptable to the Proposer. Each Proposer accepts the terms and City Council 19 – 9 5/20/2025 CITY OF SANTA ANA conditions of the Contract Documents and indicates their ability and willingness to perform the requested services under such terms and conditions. Any exceptions to the terms and conditions set forth in the Contract Document shall be submitted to the City by the deadline to submit requests for information or clarification/questions set forth herein. G. PROPOSAL CONTENTS Proposals are to be prepared in such a way as to provide a straightforward, concise delineation of capabilities to satisfy the requirements of this RFP. Colored displays, promotional materials, photographs etc., are not necessary or desired. Emphasis should be concentrated on conformance to RFP instructions, responsiveness to the RFP requirements, and on completeness and clarity of content. Digital dividers and clear organization of content and material are encouraged. 1. Statement of Qualifications (SOQ) SOQ must include a Table of Contents and be limited to a maximum of 20 pages (excluding City’s required Certifications listed in Section VIII below; Proposal Cover Letter, section dividers, table of contents, front/back cover pages). The page limitation includes all appendices, attachments, and supplemental information. Additionally, SOQ must include the following: a. Cover Letter Proposals shall include a letter signed by a principal or authorized representative who can make legally binding commitments for the entity. Include type of business entity. Cover Letter shall not exceed one page. Cover letter must be addressed to the following City Project Manager: Armando Fernandez, P.E. City of Santa Ana – Public Works Agency 220 S. Daisy Ave., M-85 Santa Ana, CA 92703 b. Services Provided A description of proposed services to be provided and how they meet the needs of the City as described in Exhibit I – Scope of Services. c. Agreement Statement Proposal shall include a statement outlining your concurrence or reference to concerns previously submitted with any and all provisions as contained in EXHIBIT II – Sample Agreement of this RFP (if any). d. Firm and Team Experience Proposal shall include a profile of the firm’s experience including the following: i. A general description of the firm, including size and number of employees working directly with the City on this agreement. ii. Firm’s nearest address serving the City of Santa Ana and headquarters address. iii. Name and contact information of the supervising Project Manager/Principal Agent, to be assigned to the agreement. The Project Manager/Principal City Council 19 – 10 5/20/2025 CITY OF SANTA ANA Agent shall be the primary contact person to represent your firm and will be the person to conduct the presentation, if invited to an interview. iv. Resumes for all key staff proposed describing relevant experience. e. Proposed Work Plan Proposal shall include a statement demonstrating the firm’s understanding of the Scope of Services. Additionally, proposed work plan shall include Proposers’: i. Anticipated approach to performing services as specified herein; ii. Suggestions or special concerns the evaluation committee should take into consideration (if any); iii. Description of deliverables and implementation plan. Proposer shall submit a general description of the deliverables, implementation plan, and timeline. f. References: Attachment B – References shall be submitted for similar projects performed for state and/or similar government clients. 2. Cost Proposal All Proposers are required to submit a fixed rate fee with their Cost Proposal. Pricing instructions should be clearly defined to ensure fees proposed can be compared and evaluated. Cost Proposal must include a payment schedule if applicable. City reserves the right to negotiate compensation and/or payment schedule prior to award of any resulting agreement. When applicable, if providing hourly rate sheets, Proposer shall not include rate ranges or averages. The City shall 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. Additional costs will not be considered and will not be reimbursed by the City, therefore, such costs must be absorbed in Proposer’s cost proposal fee structure. Any language related to travel reimbursement shall be stricken from the document by the City and if not stricken, shall be deemed invalid. Proposals shall be valid for a minimum of one hundred eighty (180) days following Proposal deadline. The cost for developing the Proposal is the sole responsibility of the Proposer. All Proposals submitted become property of the City. Pricing shall remain firm for the entire initial Agreement term. Thereafter, any proposed pricing adjustment for follow-on renewal periods shall be submitted to the City Representative in writing at least ninety (90) days prior to the new Agreement term. The City reserves the right to accept, reject, or negotiate any proposed pricing adjustment not to exceed the Bureau of Labor Statistics Consumer Price Index (CPI) data as follows: Los Angeles-Long Beach-Anaheim, CA; All Urban Consumers; Not Seasonally Adjusted; annualized change comparing the most recent month’s reported data to the same month of the prior year. (This information may be found on the U.S. Department of Labor’s website at www.bls.gov.) City Council 19 – 11 5/20/2025 CITY OF SANTA ANA H. PROTEST PROCEDURES Only respondents who have actually submitted a proposal may file a “protest” to an RFP with the City’s Purchasing Department. In order for a Proposer’s protest to be considered valid, the protest must: 1. Be filed in writing before 5:00 p.m. of the 5th business day following the posting of RFP Results/Notice of Intent to Award on the City’s online bidding system; 2. Clearly identify the specific irregularity or accusation; 3. Clearly identify the specific City staff determination or recommendation being protested; 4. Specify, in detail, the grounds of the protest and the facts supporting the protest; and 5. Include all relevant, supporting documentation with the protest at time of filing. If the protest does not comply with each of these requirements, it will be rejected as invalid. If the protest is valid, the City’s Purchasing Manager, or other designated City staff member, shall review the basis of the protest and all relevant information. The decision from the Purchasing Manager, or her/her designee, is final and no further appeals will be considered. VI. CERTIFICATIONS (ATTACHMENTS) In addition to the SOQ, Narrative/Technical Proposal, and Cost Proposal, the following forms, included in this RFP, shall be signed and included as part of the proposal submittal package: · Attachment A: Proposer’s Certification and Proposal Item Pricing · Attachment B: References · Attachment C: Proposer’s Statement · Attachment D: Non-Collusion Affidavit · Attachment E: Non-Lobbying Certification · Attachment F: Non-Discrimination Certification · Attachment G: Subcontractor Designation Form The proposal must be completely responsive to the RFP. Incomplete proposals will be deemed as nonresponsive and will be rejected. The City reserves the right to reject any or all proposals submitted and no representation is made hereby that any commitment will be awarded pursuant to this RFP or otherwise. PLEASE NOTE: · All forms above must be signed by a representative of the Firm that is legally authorized to contractually bind the Proposer. · City will not waive notarization requirement when applicable on any of the required attachments. VII. REFERENCES Contractor shall provide three (3) references from other similar public agencies for which services similar to those specified in this RFP have been performed, including contact names and City Council 19 – 12 5/20/2025 CITY OF SANTA ANA telephone numbers. Use ATTACHMENT B – References. The respondent grants permission for the City to contact any individuals listed as references. City may disqualify a Proposer if: · References fail to substantiate Proposer’s description of services and deliverables provided; or · References fail to support that Proposer has a continuing pattern of providing capable, productive, and skilled personnel, or · City is unable to reach the point of contact with reasonable effort. It is the Proposer’s responsibility to inform the point of contact(s) of normal City working hours. VIII. MINIMUM SCOPE AND LIMIT OF INSURANCE See Exhibit II – Sample Agreement IX. SELECTION PROCEDURES & CRITERIA A. Evaluation: The City will establish a proposal review committee. The review committee will evaluate proposals based on the response to the RFP, which includes adherence to outlined directions and format, and the City evaluation criteria set forth below. B. Scoring Criteria: Proposers will be ranked by the review committee based on the following criteria: CATEGORY POINTS Responsiveness to RFP · Proposal’s compliance with the requirements of this RFP. · Scope of Services offered including ability to provide optional services. · The value to any new and/or innovative product or service suggestions or other new ideas and enhancements. 30 Understanding of Need Include milestones of completion of key tasks, to be completed by specific team members. 25 Relevant Project Experience/Schedule of Delivery · Relevant project experience within the last 5 years, including experience with public agencies. The experience, resources, and qualifications of the firm and individuals assigned to this account, including manager, supervisor and assigned staff. 35 References · References that are similar in size and project scope to the City. 10 TOTAL POSSIBLE SCORE (Before interviews – if held) 100 City Council 19 – 13 5/20/2025 CITY OF SANTA ANA C. Rankings: A final score will be calculated for each submitted proposal and used to rank Proposers. Based upon the foregoing criteria, all proposals shall be ranked by score. Only those proposals receiving a score above 70 will be considered for award. The City reserves the right to award the contract to any proposer(s) with a score above 70. The review committee will evaluate proposers based on their response to the RFP and the City evaluation criteria set forth above. D. Interviews: The review committee may invite the proposers to interview. If invited to interview, Proposers must be prepared to include key personnel in the interview and/or presentation. The City reserves the right to seek additional information from any or all Proposers invited to present proposals. A final score will be calculated for each submitted proposal and used to rank Proposers. City reserves the right to begin negotiations and enter into a contract without holding interviews, or further discussions. E. Selection: The City is under no obligation to accept any proposal and reserves the right to negotiate with respondents as to fees and terms. The City may reject proposals at its sole discretion. If proposal fails to satisfy any requirements outlined in this RFP, it may be considered non-responsive and may be rejected. The City shall not be obligated to accept the lowest priced proposals, but will make awards in the best interests of the City after all factors have been evaluated. The review committee will recommend the qualified Proposers to the City Council or City Manager for award of contract, as appropriate. X. WITHDRAWALS Proposers are responsible for verifying all prices and information before submitting a proposal. Prior to the proposal due date, the Proposer or Proposer’s representative may withdraw the proposal by providing written notice of the proposal withdrawal to the City Contact/Project Manager. Verbal or telephonic withdrawals are not permissible. XI. GENERAL TERMS AND CONDITIONS A. AMERICANS WITH DISABILITIES ACT The awarded Contractor hereby certifies that it will comply, as applicable, with the Americans with Disabilities Act of 1990 (“ADA”), 42 USC §§ 12101 et seq., and its implementing regulations, including Subtitle A, Title II of the ADA. Contractor will not discriminate against persons with disabilities nor against persons due to their relationship to or association with a person with a disability. Any contract entered into by the awarded Contractor (or any subcontract thereof), relating to this RFP, shall be subject to the provisions of this paragraph. B. CITY BUSINESS LICENSE The selected proposer must obtain a City of Santa Ana Business License prior to the execution of a contract and must provide a copy to the Buyer assigned to this RFP. The Interviews · The City reserves the right to conduct interviews with the highest-rated firm(s). In the event the City does perform an interview process, the following is the maximum number of additive points that may be applied to the proposal score. Total possible score may exceed 100 points. 20 City Council 19 – 14 5/20/2025 CITY OF SANTA ANA awarded party shall maintain a current business license throughout the term of the resulting contract. Procedure to obtain a City of Santa Ana Business License is available by contacting the Finance and Management Services, Business Tax Office at (714) 647-5447 or on the City’s website: www.santa-ana.org C. CITY RIGHT TO REJECT The City reserves the right to reject any or all proposals submitted and no representation is made hereby that any agreement will be awarded pursuant to this RFP or otherwise. The City reserves the right to accept or reject the combined or separate components of this proposal in part or in its entirety or to waive any minor inconsistency, informality or technical defect in the proposal. D. CONFLICT OF INTEREST Contractor shall exercise reasonable care and diligence to prevent any actions or conditions that could result in a conflict with the best interests of the City. This obligation shall apply to the Contractor; the Contractor’s employees, agents, and Subcontractors associated with accomplishing work and services hereunder. The Contractor’s efforts shall include, but not be limited to, establishing precautions to prevent its employees, agents, and Subcontractors from providing or offering gifts, entertainment, payments, loans or other considerations which could be deemed to influence or appear to influence City staff or elected officers from acting in the best interests of the City. Each Proposer must disclose any existing or potential conflict of interest relative to the performance of the contractual services resulting from this RFP. Any such relationship that might be perceived or represented as a conflict should be disclosed. The City reserves the right to disqualify any Proposer on the grounds of actual or apparent conflict of interest. No person, firm, or subsidiary thereof who has been awarded this Contract may be awarded a Contract for the provision of services, the delivery of supplies, or the provision of any other related action which is required, suggested, or otherwise deemed appropriate as an end product of this Contract. Therefore, Contractor is precluded from contracting for any work recommended as a result of this Contract. E. CONTRACTOR’S EXPENSE Pre-Contractual Expenses: The City is not liable for any costs incurred by Proposers prior to entering into a formal contract. Costs of developing a response to this RFP, are entirely the responsibility of the Proposer, and shall not be reimbursed in any manner by the City. Pre- contractual expenses are not to be included in the cost proposal. Pre-contractual expenses include, but are not limited to, preparation of the proposal, submission of the proposal and additional information, attendance at pre-proposal conference, negotiating any matter related to this RFP with City, and/or any other expenses incurred by the Proposer prior to the date of award and execution, if any, of the contract. Other Expenses: The Contractor will be responsible for all costs related to photo copying, telephone communications, fax communications, and parking while on City sites during the performance of work and services under this Contract. F. CONTRACTOR’S PROJECT MANAGER/KEY PERSONNEL Except as formally approved by the City, the key personnel identified in Contractor’s proposal shall be the individuals who will actually complete the work. Changes in staffing must be reported in writing and approved by the City. The City shall have the right to require the removal and replacement of the Contractor’s Project Manager and key personnel under the City Council 19 – 15 5/20/2025 CITY OF SANTA ANA awarded contract. The City shall notify the Contractor in writing of such action. The City is not required to provide any reason, rationale, or additional factual information if it elects to request any specific key personnel be removed from performing services under the awarded contract. The City shall review and approve the appointment of the replacement for the Contractor’s personnel. Said approval shall not be unreasonably withheld. Standards of Conduct: Contractor’s personnel shall be courteous and maintain good working relationships with all stakeholders, state or outside agencies, other team members and staff within the City. G. COST PROPOSAL The awarded Contractor agrees to provide the purchased services at the costs, rates, and fees as set forth in their Fee Schedule in response to this RFP. No other costs, rates or fees shall be payable to the awarded Subcontractor for implementation of their proposal. H. DATA RETENTION Contractor shall be responsible for retaining data, records, and documentation for the preparation of required items. These materials shall be made available to and as requested by City. All materials, documents, data or information obtained from the City Data files or any City medium furnished to Contractor in the performance of an awarded contract will at all times remain the property of the City. Such data or information may not be used or copied for direct or indirect use by Contractor after completion or termination of this Contract without the express written consent of the City. All materials, documents, data or information, including copies, must be returned to the City at the end of the contract. All data, documents and other products used, developed, or produced during response preparation of the RFP will become property of the City. All responses to the RFP shall become property of the City. Proposer information identified as proprietary shall be maintained confidential, to the extent allowed under the California Public Records Act. I. DRUG-FREE WORKPLACE The awarded Contractor certifies compliance with Government Code Section 8355 in matters relating to providing a drug-free workplace. Failure to comply with these requirements may result in suspension of payments under the Contract or termination of the contract or both, and the Contractor may be ineligible for award of any future City contracts. J. EXAMINATION Proposer represents that it has thoroughly examined and become familiar with the services and responsibilities required this RFP and that it is capable of effectively and efficiently performing quality work to achieve the City’s objectives. Any attachments referenced herein or any interpretations, clarifications or amendments subsequently posted in relation to this RFP are fully incorporated. Any irregularities or lack of clarity in the RFP should be brought to the designated City Contact/Project Manager’s attention as soon as possible so that corrective addenda may be furnished to prospective Proposers. Proposals which appear unrealistic in the terms of technical commitments, lack of technical competence, or are indicative of failure to comprehend the complexity and risk of this contract, may be rejected. City Council 19 – 16 5/20/2025 CITY OF SANTA ANA K. EXECUTION OF AGREEMENT Upon successful negotiations, the City and the selected Proposer will enter into an Agreement similar to that as shown in EXHIBIT II – Sample Agreement of this RFP. If a Proposer is unwilling or unable to execute an Agreement within thirty (30) days after being notified of selection under this RFP, the City reserves the right to disqualify them without any further obligation L. FISCAL NONFUNDING CLAUSE In the event sufficient budgeted funds are not available for a new fiscal period, the City shall retain the right to notify the provider of such occurrence in writing at least thirty (30) days before the end of the current fiscal period and terminate the contract on the last day of the current fiscal period without penalty or expense to the City. M. INDEPENDENT CONTRACTOR Contractor is considered an independent Contractor and neither Contractor, its employees, nor anyone working under Contractor will be considered an agent or an employee of City. Neither Contractor, its employees, nor anyone working under Contractor, will qualify for workers’ compensation or other fringe benefits of any kind through City. N. JOINT OFFERS/SUBCONSULTANTS Where two or more Proposers desire to submit a single proposal in response to this RFP, they should do so on a prime sub-consultant basis. The City intends to contract with a single firm, also known as the prime, and not with multiple firms doing business as a joint venture. Should the use of sub-consultants be offered, the Proposer shall provide the same assurances of competence for the sub-consultant plus the demonstrated ability to manage and supervise the subcontracted work. Sub-consultants shall not be allowed to further subcontract with others for work under the Agreement. The provisions of the Agreement shall apply to all sub-consultants in the same manner as the Proposer. The proposer is responsible for all the actions taken by their sub-contractor. The City reserves the right to reject, replace and approve any and all Subcontractors. All Subcontractor(s) shall be identified in the response to the RFP and the City reserves the right to reject any proposed Subcontractor(s). Subcontractors shall be the responsibility of the prime Contractor and the City shall assume no liability of such Subcontractors. O. LITIGATION STATUS Each Proposer must include in its proposal a complete disclosure of any alleged significant prior or ongoing contract failures, any civil or criminal litigation or investigation pending which involves the Proposer or in which the Proposer has been judged guilty or liable. Failure to comply with the terms of this provision will disqualify any proposal. The City reserves the right to reject any proposal based upon the Proposer’s prior history with the City or with any other party, which documents, without limitation, unsatisfactory performance, adversarial or contentious demeanor, significant failure(s) to meet contract milestones or other contractual failures. P. NEGOTIATIONS The City reserves the right to negotiate final contract terms with any Proposer selected. The contract between the parties will consist of the RFP together with any modifications thereto, and the awarded Contractor’s proposal, together with any modifications and clarifications thereto that are submitted at the request of the City during the evaluation and negotiation process. In the event of any conflict or contradiction between or among these documents, the documents shall control in the following order of precedence: the final executed contract, City Council 19 – 17 5/20/2025 CITY OF SANTA ANA the RFP, any modifications and clarifications to the awarded Contractor’s proposal, and the awarded Contractor’s proposal. Specific exceptions to this general rule may be noted in the final executed contract. Negotiations shall be confidential and not subject to disclosure to competing Contractors unless and until an agreement is reached. If contract negotiations cannot be concluded successfully, the City reserves the right to negotiate a contract with another Contractor or withdraw the RFP. Q. NON-PAYMENTS Note that payments will NOT be made for any unsatisfactory work until corrected. In the event of nonpayment of undisputed sums by the City, Contractor shall give the City thirty (30) working days to cure the alleged breach. R. OWNERSHIP OF DOCUMENTS The City has permanent ownership of all directly connected and derivative materials produced under this contract by the Contractor. All documents, reports and other incidental or derivative work or materials furnished hereunder shall become and remains the sole property of the City and may be used by the City as it may require without additional cost to the City. Contractor shall provide the City copies of documents upon its request at any time. None of the documents, reports and other incidental or derivative work or furnished materials shall be used by the Contractor without the express written consent of the City. S. PARKING The City will not provide free parking and/or reimbursement for the cost of parking while providing services and conducting business with the City. T. PROFESSIONAL STANDARDS Contractor staff shall be courteous to the public and City staff utilizing facilities where Contractor is performing work, but shall be responsive only to the requests of the City’s Project Manager or designee. Contractor staff shall direct all inquiries to Project Manager or designee. Contractor acknowledges that City locations consist of public-use facilities and recognizes the obligation to ensure Contractor personnel and agents maintain the highest level of professional standards in attire, decorum, and interaction with the public and City personnel. U. PROJECT MANAGER The selected Proposer will assume responsibility for all services in its proposal. The selected Proposer shall identify a sole point of contact, Project Manager, with the greatest knowledge in regard to the required service operations and contractual matters, including payment of any and all charges resulting from the Agreement. V. PROPOSAL VALIDITY Services, pricing, and warranties indicated in a Proposer’s Proposal must be valid for a period of 180 days at minimum after the submission of the Proposal. W. PUBLIC AGENCIES Other public agencies, as defined by California Government Code Section 6500, may choose to use the terms of this Contract, subject to Contractor’s acceptance. The City is not liable or responsible for any obligations related to a subsequent contract between Contractor and another public agency. City Council 19 – 18 5/20/2025 CITY OF SANTA ANA X. PUBLIC RECORDS Proposals will become public record after the award of a contract unless the proposal or specific parts of the proposal can be shown to be exempt by law. Each Proposer may clearly label all or part of a proposal as "CONFIDENTIAL" provided that the Proposer thereby agrees to indemnify and defend the City for honoring such a designation. The failure to so label any information that is released by the City shall constitute a complete waiver of any and all claims for damages caused by any release of the information. Proposer information identified as proprietary shall be maintained confidential, to the extent allowed under the California Public Records Act. Y. SUBCONTRACTORS Proposals in response to this RFP must identify any Subcontractors, and outline the contractual relationship between the Awarded Subcontractor and each Subcontractor. An official of each proposed Subcontractor must sign, and include as part of the proposal submitted by the Prime Contractor, a statement to the effect that the Subcontractor has read and will agree to abide by the awarded Contractor’s obligations. Any Subcontractor proposed after award of contract must be approved by the City before commencement of work. The City will look solely to the awarded Contractor for the performance of all contractual obligations which may result from an award based on this RFP, and the awarded Contractor shall not be relieved for the non-performance of any or all Subcontractors. XII. AWARD OF AGREEMENT Selected Contractor(s) will be notified in writing. Any award is contingent upon the successful negotiation of final contract terms. A. EXECUTION OF AGREEMENT A standard agreement is included as EXHIBIT II Sample Agreement of this RFP. “Proposer” will hereinafter be referred to as “Consultant” or “Contractor” in standard agreement. The term of the agreement will begin after the agreement is fully executed, and all required bonds, insurance documents and contents of the payment information packet have been received and approved. XIII. IMPLEMENTATION A. KICK-OFF MEETINGS The successful proposer will be required to meet with City staff prior to commencement of services or at any time as required by the City, to discuss and agree on operational issues including transition of services and scheduling. B. NOTICE TO PROCEED Prior to issuance of a formal Notice to Proceed (NTP), Consultants shall provide all required bonds, insurance documents, and contents of the Information Packet for review and approval by the City. “On-Call” contracts require the City Project Managers to request a project/task proposal from Consultants on an “as-needed” basis. Proposals will then be evaluated by City Staff and a written NTP will be issued accordingly per task order. City Council 19 – 19 5/20/2025 CITY OF SANTA ANA LONG-TERM FINANCIAL PLANNING AND WATER RATE STUDY SERVICES RFP NO. 25-013 Introduction/Background The City of Santa An is located in the heart of Orange County, California with a population of approximately 311,000 people. The City own maintain and operate the water, sewer and recycled water utility systems. The water utility system is comprised of over 480 miles of water distribution and transmission mains, 20 active water wells, 7 imported connections with Metropolitan Water District (MWD), 7 booster pump stations, 16 emergency connections and approximately 46,000 water meter connections. The sewer sanitary system is comprised of 390 miles of sewer mains, 9,000 sewer manholes, 48500 sewer lateral connections and two sewer lift stations. All the sewage is conveyed to the Orange County Sanitation District (OCSD). The recycled water system serves 25 customers. This recycled water is provided by the Orange County Water District. The transmission and distribution infrastructure currently in place is owned and operated by OCWD. Although, any system expansion to this system network will need to be funded and operated by the City. The City oversees and manages the fats, oils, and grease (FOG) program. This program involves inspections, best management practices trainings, and regulatory compliance with state and local mandates. Currently, there are over 1,300 food service establishments under this program. Scope of Services The City of Santa Ana intends to retain qualified professional firm/consultant to develop a long term financial plan for the water, sanitary sewer, recycled water, and the fats, oils, and grease (FOG) programs. In addition, the consultant on as needed basis shall provide financial review, economic cost analysis and rate structure performance evaluations to meet the City financial goals and objectives during the term of this contract agreement. The last adopted five year rate study for these services was completed in and adopted in 2029. https://www.santa-ana.org/water-rate-study Project Goals: · Develop a comprehensive financial plan for water, sewer, recycled water, and FOG programs. EXHIBIT I SCOPE OF SERVICES City Council 19 – 20 5/20/2025 CITY OF SANTA ANA · Design a cost of service rate structure in line with the American Water Works Association (AWWA) Principles of Water Rates, Fees, and Charges: Manual of Water Supply Practices AWWA M1 guidelines and Proposition 218. · Ensure rates are: o Stable, sufficient, fair, equitable, and aligned with the utility goals and objectives o Understandable to customers and easy for the City to administer Tasks Expected from Consultant: 1. Analyze Existing Rate Structures: o Current rates o Operations revenue/expenses o Capital improvement programs, debt obligations, and reserve policies 2. Develop a Complete Financial Plan: o Meet utility goals and strategic objectives o Conduct a cost of service analysis o Develop new rate structures o Develop Rate Design Model o Develop capital and operations reserves strategies 3. Provide Interactive Tools: o Create a (10) year rate modeling program with an interactive dashboard for City staff's use including trainings 4. Final Report and Adoption Assistance: o Deliver a report with outcomes and recommendations o Guide the City through the adoption and implementation of new rates 5. Engagement and Public Outreach: o Participate in 10 public meetings (with City staff, the Mayor, City Council, and the public) o Work with the City’s outreach consultant to prepare and present materials Quality and Compliance: Consultant is responsible for the accuracy of their work and ensuring compliance with all statutory regulations, including Proposition 218. Value-Added Services: Propose additional related services that could help achieve the City’s goals, if applicable. Deliverables: Financial plans, rate modeling program, final reports, public presentations, and compliance documentation. City Council 19 – 21 5/20/2025 CITY OF SANTA ANA CONSULTANT AGREEMENT CITY OF SANTA ANA THIS AGREEMENT is made and entered into on this day of , 20__ by and between ___________________________________________________________, (“Consultant”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”). RECITALS A. The City desires to retain a Consultant having special skill and knowledge in the field of: B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Services - Exhibit A, attached hereto and incorporated by reference. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in Compensation - Exhibit B. The total amount to be expended during the term of this Agreement shall not exceed $xxxxxx. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on [enter a Start Date or “the date first written above”] for a number (#) year term with the option for the City to grant up to a number (#)-year renewals, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent Consultant and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer- employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social EXHIBIT II SAMPLE AGREEMENT City Council 19 – 22 5/20/2025 CITY OF SANTA ANA security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents & Data”). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall 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 Consultant. MINIMUM SCOPE OF INSURANCE 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence and $2,000,000 aggregate. Required policy limits can be met with primary and umbrella/excess insurance policies. 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 Consultant does not maintain commercial automobile liability insurance, City will accept evidence of personal automobile insurance. 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. Coverage is not required if Consultant has no employees and signs request to waive such insurance. 4. Professional Liability (Errors and Omissions): Insurance appropriate to the Contractor’s profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate. If Consultant maintains broader coverage and/or higher limits than the minimum requirements for each line of coverage shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City. Other Insurance Provisions The above required insurance policies are to contain or be endorsed to contain the following provisions: 1. City, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds, under Consultant’s CGL, Professional Liability, and Automobile Liability policies, with respect to any liability arising out of work or operations performed by or on behalf of the Instructor including materials, parts, equipment, and personnel furnished in connection with such work or operations. City Council 19 – 23 5/20/2025 CITY OF SANTA ANA 2. Consultant’s Insurance company(ies) agrees to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from work performed by Consultant under this Agreement. 3. For any claims related to this contract, Consultant’s insurance coverage shall be primary and any insurance maintained by City, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it. 4. A severability of interest provision must apply for all the additional insureds, ensuring that Consultant’s insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer’s limits of liability. 5. 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: (Name of Department Staff Responsible for Agreement), Address of Department Responsible for Agreement, M-XX, 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 Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the State of California with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to City. Verification of Coverage Consultant shall furnish City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive Consultant’s obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Special Risks or Circumstances City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 7. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the 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 City Council 19 – 24 5/20/2025 CITY OF SANTA ANA effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent 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 Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States’ letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 9. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 10. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. “Confidential Information” shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 12. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. City Council 19 – 25 5/20/2025 CITY OF SANTA ANA 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 Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City’s ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 15. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 18. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 19. NOTICE City Council 19 – 26 5/20/2025 CITY OF SANTA ANA 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: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Executive Director, ------- Agency City of Santa Ana 20 Civic Center Plaza (M-xx) P.O. Box 1988 Santa Ana, California 92702 Fax: 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. 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. The Agreement is the final and complete agreement and any prior or contemporaneous agreements for similar services between the parties is superseded by this Agreement. This shall not apply where the Parties are currently engaged and Consultant is providing services not contemplated by this Agreement. c. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. First & Last Name Title Consultant Firm Name Address City, State, Zip Fax: City Council 19 – 27 5/20/2025 CITY OF SANTA ANA 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 CONSULTANT: City Attorney By: Assistant City Attorney Tax ID# RECOMMENDED FOR APPROVAL: Executive Director [INSERT] Agency SAMPLE ONLY (name) (title) City Council 19 – 28 5/20/2025 CITY OF SANTA ANA Certification - I certify that I have read, understand and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Services (Exhibit I) and am qualified to provide services being requested as specified herein. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal. PROPOSER’S STATEMENT: I have read, understood and agree to the terms and conditions on all pages of the Request for Proposals. Upon request, I will transfer and deliver goods or services to the City in accordance with said terms and conditions. __________________________________________________________________________________ LEGAL NAME OF COMPANY PHONE AND FAX NUMBERS __________________________________________________________________________________ BUSINESS ADDRESS __________________________________________________________________________________ PRINTED NAME OF AUTHORIZED AGENT TITLE __________________________________________________________________________________ SIGNATURE OF AUTHORIZED AGENT DATE E-MAIL ADDRESS __________________________________________________________________________________ FEDERAL ID NUMBER (IF APPLICABLE) CONTRACTOR LICENSE NUMBER (IFAPPLICABLE) __________________________________________________________________________________ CITY OF SANTA ANA BUSINESS LICENSE NUMBER (PLEASE PROVIDE IF AVAILABLE, BUT NOT REQUIRED UNTIL AND IF AN AWARD IS MADE TO PROPOSER.) THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. ATTACHMENT A PROPOSER’S CERTIFICATION, PROPOSAL PRICING City Council 19 – 29 5/20/2025 CITY OF SANTA ANA List and describe fully the contracts performed by your firm which demonstrate your ability to provide the supplies, equipment or services included in the scope of the proposal specifications. Attach additional pages if required. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications. REFERENCE Customer Name:_________________________Contact Individual: ____________________________ Address: ________________________________Phone Number: _______________________________ EMAIL: ____________________________________ Contract Amount: ________________________Year: ______________________________________ Description of supplies, equipment, or services provided: __________________________________________________________________________________ REFERENCE Customer Name:_________________________Contact Individual: ____________________________ Address: ________________________________Phone Number: _______________________________ EMAIL: ____________________________________ Contract Amount: ________________________Year: ______________________________________ Description of supplies, equipment, or services provided: __________________________________________________________________________________ REFERENCE Customer Name:_________________________Contact Individual: ____________________________ Address: ________________________________Phone Number: _______________________________ EMAIL: ____________________________________ Contract Amount: ________________________Year: ______________________________________ Description of supplies, equipment, or services provided: THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. ATTACHMENT B REFERENCES City Council 19 – 30 5/20/2025 CITY OF SANTA ANA Proposer understands and agrees that this written RFP (or any part thereof specifically designated and accepted by the City of Santa Ana, hereinafter City) shall constitute the entire agreement between proposer and the City only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Executive Director or his duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to proposer or deposited with the United States Postal Service properly addressed to the proposer with the correct postage affixed thereto. Proposer further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish City all required required bonds and certificate of liability insurance within ten (10) days (excluding Saturdays, Sundays and City’s legal holidays), or the funds, check, draft, or proposer’s bond substituted in lieu thereof accompanying this proposal shall become the property of the City and shall be considered as payment of damages due to the delay and other causes suffered by City because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered by City is difficult to ascertain; otherwise said funds, check drafts, or proposer’s bond substituted in lieu thereof shall be returned to the undersigned. Proposer understands that a proposal is required for the entire work, that the estimated quantities set forth in the RFP schedule are solely for the purpose of comparing proposals, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. All terms contained in the specifications, the certification of nondiscrimination by contractors, and the required insurance certificates are to be incorporated by reference into this agreement and are made specifically as part of this RFP. Firm________________________________________________________________________________ Signed and Printed Name: ______________________________________________________________ Title ________________________________________________________________________________ Date THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. ATTACHMENT C PROPOSER’S STATEMENT City Council 19 – 31 5/20/2025 CITY OF SANTA ANA (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the proposer declares that the proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and not collusive or sham; that the proposer has not directly or indirectly induced or solicited any other proposer to put in a false or sham proposal, and has not directly or indirectly colluded, conspired, connived or agreed with any proposer or anyone else to put in a sham proposal, or that anyone shall refrain from bidding; that the proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the proposer or any proposer, or to fix any overhead, profit, or cost element of the proposal price, or of that of any other proposer, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the proposal are true; and, further, that the proposer has not, directly or indirectly, submitted his or her proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham proposal. Note: The above non-collusion affidavit is part of the proposal. Signing this proposal on the signature portion thereof shall also constitute signature of this non-collusion affidavit. Proposers are cautioned that making a false certification may subject the certifier to criminal prosecution. Signed____________________________________________________________________________ State of ________, County of __________________________________________________________ Subscribed and sworn to (or affirmed) before me on this________ day of_____________, 20____, by ________________________, proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. ________________________ Notary Public Signature Notary Public Seal THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. ATTACHMENT D NON-COLLUSION AFFIDAVIT City Council 19 – 32 5/20/2025 CITY OF SANTA ANA The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in conformance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. Signed: Title: Firm: Date: THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. ATTACHMENT E NON-LOBBYING CERTIFICATION City Council 19 – 33 5/20/2025 CITY OF SANTA ANA The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: 1. The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers’ representatives of the Consultant’s commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Consultant’s non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. 7. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract ATTACHMENT F NON-DISCRIMINATION CERTIFICATION City Council 19 – 34 5/20/2025 CITY OF SANTA ANA or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a subconsultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, no discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed: Title: Firm: Date: THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City Council 19 – 35 5/20/2025 CITY OF SANTA ANA Bidder acknowledges and agrees that under Public Contract Code section 4100, et seq., it must clearly set forth below the name and location of each subcontractor who will perform work or labor or render service to the bidder in or about the work in an amount in excess of one-half of one percent (0.5%) of bidder’s total bid and the kind of work that each will perform. Furthermore, bidder acknowledges and agrees that under Public Contract Code section 4100, et seq., if bidder fails to list as to any portion of work, or if bidder lists more than one subcontractor to perform the same portion of work (i.e. bidder must indicate what portion of the work each subcontractor will perform), bidder must perform that portion itself or be subjected to penalty under applicable law. If alternate bids are called for and bidder intends to use subcontractors different from or in addition to those subcontractors listed for work under the base bid, bidder must list subcontractors that will perform work in an amount in excess of one half of one percent (0.5%) of bidder’s total bid, including alternates. In case more than one subcontractor is named for the same kind of work, the Contractor is to state the portion of work that each subcontractor will perform. Bidders or suppliers of materials only do not need to be listed. If further space is required for the list of proposed subcontractors, additional sheets showing the required information, as indicated below, shall be attached hereto and made a part of this document. Listed below is the name of each subcontractor that will perform work, labor, or render services to the undersigned related to the work of this project. This is to include any subcontractor that will specially fabricate and install a portion of work according to detailed drawings contained in the plans and specifications in the amount greater than one half of one percent (.05%) of the contractors total bid. Additional sheets may be attached if needed. Subcontractor Name: Location: Portion of Work/Trade: Bid Amount Contractor’s License Number DIR Registration No. Subcontractor Name: Location: Portion of Work/Trade: Bid Amount: Contractor’s License No: DIR Registration No: • Contractor will not be subcontracting any portion of work. THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. ATTACHMENT G SUBCONTRACTOR DESIGNATION FORM City Council 19 – 36 5/20/2025 Page 1 of 9 AGREEMENT WITH ROBERT D. NIEHAUS, INC. TO PROVIDE LONG-TERM FINANCIAL PLANNING AND WATER RATE STUDY FOR THE WATER AND SEWER ENTERPRISES THIS AGREEMENT is made and entered into on this 20th day of May, 2025 by and between Robert D. Niehaus, Inc. (“Consultant”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”). RECITALS A. On January 30, 2025, the City issued Request for Proposals No. 25-013, by which it sought a Consultant to perform long-term financial planning and water rate study services for the City’s water and sewer enterprises. B.Consultant submitted a responsive proposal that was selected by the City. Consultant presents that it is able and willing to provide the services described in the scope of work that was included in RFP 25-013. C.In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1.SCOPE OF SERVICES Consultant shall perform the services described in the scope of work that was included in RFP No. 25-013, which is attached as Exhibit A and incorporated in full. 2.COMPENSATION a.City neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. Consultant shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit B. The total amount to be expended during the term of this Agreement under RFP 25-013 shall not exceed One Hundred and Thirty Thousand, Eight Hundred and Fifty Dollars ($130,850), 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. 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. EXHIBIT 2 City Council 19 – 37 5/20/2025 Page 2 of 9 3.TERM This Agreement shall commence on 20th day of May, 2025 for one three-year term, unless terminated earlier in accordance with Section 15, below. The term of this Agreement may be extended for up to two (2), one-year periods upon a writing executed by the City Manager and City Attorney. 4. INDEPENDENT CONSULTANT Consultant shall, during the entire term of this Agreement, be construed to be an independent Consultant and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5.OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents & Data”). Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk. 6.INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall 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 Consultant. City Council 19 – 38 5/20/2025 Page 3 of 9 MINIMUM SCOPE AND LIMIT OF INSURANCE 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. In the event Consultant does not maintain commercial automobile liability insurance, City will accept evidence of personal automobile insurance. 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. Coverage is not required if Consultant has no employees and signs request to waive such insurance. 4. Professional Liability Insurance: with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 aggregate. If Consultant maintains broader coverage and/or higher limits than the minimum requirements for each line of coverage shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City. Other Insurance Provisions The above required insurance policies are to contain or be endorsed to contain the following provisions: 1. City, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds, under Consultant’s CGL, Professional Liability, and Automobile Liability policies, with respect to any liability arising out of work or operations performed by or on behalf of the Instructor including materials, parts, equipment, and personnel furnished in connection with such work or operations. 2. Consultant’s Insurance company(ies) agrees to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from work performed by Consultant under this Agreement. 3. For any claims related to this contract, Consultant’s insurance coverage shall be primary and any insurance maintained by City, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it. 4. A severability of interest provision must apply for all the additional insureds, ensuring that Consultant’s insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer’s limits of liability. City Council 19 – 39 5/20/2025 Page 4 of 9 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: Leif Lovegren, 215 S. Center Street, Santa Ana, CA 92703. 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 Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the State of California with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to City. Verification of Coverage Consultant shall furnish City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive Consultant’s obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Special Risks or Circumstances City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 7. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant, its subconsultants, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant City Council 19 – 40 5/20/2025 Page 5 of 9 further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States’ letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 9. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 10. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. “Confidential Information” shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. City Council 19 – 41 5/20/2025 Page 6 of 9 11. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 12. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City’s ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Consultants retained by City. 15. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to City Council 19 – 42 5/20/2025 Page 7 of 9 deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 18. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 19. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 City Council 19 – 43 5/20/2025 Page 8 of 9 With courtesy copies to: Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, California 92702 Fax: To Consultant: A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney’s fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. The Agreement is the final and complete agreement and any prior or contemporaneous agreements for similar services between the parties is superseded by this Agreement. This shall not apply where the Parties are currently engaged and Consultant is providing services not contemplated by this Agreement. c. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. Robert D. Niehaus, Inc. Attn: Jack Lyon, Director of Business Development 140 East Carrillo Street Santa Barbara, CA 93101 City Council 19 – 44 5/20/2025 Page 9 of 9 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 Robert D. Niehaus, Inc. City Attorney By: Kyle Nellesen Assistant City Attorney (title) Tax ID# RECOMMENDED FOR APPROVAL: Nabil Saba, PE Executive Director Public Works Agency Jack Lyon Director of Business Development Nabil Saba Digitally signed by Nabil Saba Date: 2025.05.08 07:59:35 -07'00' City Council 19 – 45 5/20/2025 EXHIBIT A City Council 19 – 46 5/20/2025 CITY OF SANTA ANA LONG-TERM FINANCIAL PLANNING AND WATER RATE STUDY SERVICES RFP NO. 25-013 Introduction/Background The City of Santa An is located in the heart of Orange County, California with a population of approximately 311,000 people. The City own maintain and operate the water, sewer and recycled water utility systems. The water utility system is comprised of over 480 miles of water distribution and transmission mains, 20 active water wells, 7 imported connections with Metropolitan Water District (MWD), 7 booster pump stations, 16 emergency connections and approximately 46,000 water meter connections. The sewer sanitary system is comprised of 390 miles of sewer mains, 9,000 sewer manholes, 48500 sewer lateral connections and two sewer lift stations. All the sewage is conveyed to the Orange County Sanitation District (OCSD). The recycled water system serves 25 customers. This recycled water is provided by the Orange County Water District. The transmission and distribution infrastructure currently in place is owned and operated by OCWD. Although, any system expansion to this system network will need to be funded and operated by the City. The City oversees and manages the fats, oils, and grease (FOG) program. This program involves inspections, best management practices trainings, and regulatory compliance with state and local mandates. Currently, there are over 1,300 food service establishments under this program. Scope of Services The City of Santa Ana intends to retain qualified professional firm/consultant to develop a long term financial plan for the water, sanitary sewer, recycled water, and the fats, oils, and grease (FOG) programs. In addition, the consultant on as needed basis shall provide financial review, economic cost analysis and rate structure performance evaluations to meet the City financial goals and objectives during the term of this contract agreement. The last adopted five year rate study for these services was completed in and adopted in 2029. https://www.santa-ana.org/water-rate-study Project Goals: · Develop a comprehensive financial plan for water, sewer, recycled water, and FOG programs. EXHIBIT I SCOPE OF SERVICES City Council 19 – 47 5/20/2025 CITY OF SANTA ANA · Design a cost of service rate structure in line with the American Water Works Association (AWWA) Principles of Water Rates, Fees, and Charges: Manual of Water Supply Practices AWWA M1 guidelines and Proposition 218. · Ensure rates are: o Stable, sufficient, fair, equitable, and aligned with the utility goals and objectives o Understandable to customers and easy for the City to administer Tasks Expected from Consultant: 1. Analyze Existing Rate Structures: o Current rates o Operations revenue/expenses o Capital improvement programs, debt obligations, and reserve policies 2. Develop a Complete Financial Plan: o Meet utility goals and strategic objectives o Conduct a cost of service analysis o Develop new rate structures o Develop Rate Design Model o Develop capital and operations reserves strategies 3. Provide Interactive Tools: o Create a (10) year rate modeling program with an interactive dashboard for City staff's use including trainings 4. Final Report and Adoption Assistance: o Deliver a report with outcomes and recommendations o Guide the City through the adoption and implementation of new rates 5. Engagement and Public Outreach: o Participate in 10 public meetings (with City staff, the Mayor, City Council, and the public) o Work with the City’s outreach consultant to prepare and present materials Quality and Compliance: Consultant is responsible for the accuracy of their work and ensuring compliance with all statutory regulations, including Proposition 218. Value-Added Services: Propose additional related services that could help achieve the City’s goals, if applicable. Deliverables: Financial plans, rate modeling program, final reports, public presentations, and compliance documentation. City Council 19 – 48 5/20/2025 EXHIBIT B City Council 19 – 49 5/20/2025 i Robert D. Niehaus, Inc. City of Santa Ana Cost Proposal for Long-Term Financial Planning and Water Rate Study Services RFP NO: 25-013 February 25, 2025 Submitted By: Robert D. Niehaus, Inc. 140 East Carrillo Street Santa Barbara, CA 93101 Authorized Representative: Jack Lyon Title: Director of Business Development Email: Jack@rdniehaus.com Phone: 805.618.1356 Submitted To : ATTN: Public Works Agency 220 S. Daisy Avenue, Building A Santa Ana, CA 92703 Attn: Armando Fernandez, P.E. Title: Project Manager Email: AFernandez@Santa-Ana.gov Phone: 714.647.3316 City Council 19 – 50 5/20/2025 ii This Page Intentionally Left Blank City Council 19 – 51 5/20/2025 iii February 25,2025 Armando Fernandez P.E. Jack Lyon, Director of Business Development Project Manager (805) 618-1356 | jack@rdniehaus.com City of Santa Ana Robert D. Niehaus, Inc. 220 S. Daisy Avenue, M-85 140 E Carrillo Street Santa Ana, CA 92703 Santa Barbara, CA 93101 Subject: Cost Proposal for Long-Term Financial Planning and Water Rate Study Services Dear Mr. Fernandez and City of Santa Ana, Robert D. Niehaus, Inc. (RDN) is pleased to submit our Cost Proposal for the City of Santa Ana’s (City) Long- Term Financial Planning and Water Rate Study Services (Study). Enclosed is our fixed-price fee proposal and our hourly rate compensation schedule. We are excited for the opportunity to work with the City on this important project. To discuss our technical or cost proposal, which is valid for a 180-day period, please coordinate with Jack Lyon, Director of Business Development, at 805.618.1356 or jack@rdniehaus.com. Respectfully submitted, Robert D. Niehaus, Ph.D. Jack Lyon Managing Director, Principal Economist Director of Business Development City Council 19 – 52 5/20/2025 iv This Page Intentionally Left Blank City Council 19 – 53 5/20/2025 5 COST PROPOSAL Table 1 presents our fixed-price cost proposal. This proposal is valid for 180 days from February 25, 2025 until August 24, 2025. Hourly rates include all travel-related expenses and other direct costs – no additional costs will be requested by RDN or reimbursed by the City. Hourly rates will remain firm for the duration of the Agreement. RDN’s fixed-price cost proposal for Long-Term Financial Planning and Water Rate Study Services is $130,850. Table 1. Cost Proposal Project Director Project Manager Communicatons Manager QA/QC Consultant Consultant Niehaus Elowsky Gaur Kido Kallerud and Van Dinther Task 1 - Analyze Existing Rate Structures 3 30 2 10 28 73 $18,120 1.1 Evaluate the Current Rate Structure 0 4 1 2 8 1.2 Review Customer Classes 1 8 1 2 8 1.3 Operation and Maintenance Expense 1 6 0 2 4 1.4 Capital Improvement Funding 0 8 0 2 4 1.5 Reserve Funding 1 4 0 2 4 Task 2 - Develop a Complete Financial Plan 6 48 2 15 46 117 $28,980 2.1 Revenue Requirements 0 8 0 2 8 2.2 Demand Projections/Revenue Analysis 0 2 0 2 16 2.3 Cost Functionalization 0 6 0 2 8 2.4 Cost Allocation to Cost Causative Components 0 6 0 2 2 2.5 Cost Allocation to Customer Classes 2 6 0 2 4 2.6 Develop Recommended Rates 2 16 1 4 8 2.7 FOG Charge 2 4 1 1 4 Task 3 - Provide Interactive Tools 0 58 0 10 28 96 $24,240 3.1 Rate Models 0 16 0 8 24 3.2 Financial Reviews and Continued Assistance 0 42 0 2 4 Task 4 - Final Report and Adoption Assistance 2 17 14 9 34 76 $19,300 4.1 Rate Study Report 2 12 4 8 24 4.2 Rate Comparison Survey 0 1 6 1 4 4.3 Adoption Assistance 0 4 4 0 6 Task 5 - Engagement and Public Outreach 0 20 100 0 10 130 $42,600 5.1 Proposed Meetings 0 20 100 0 10 Total Hours 11 173 118 44 146 492 Labor Rate $340 $280 $350 $240 $200 Total Cost Proposal $3,060 $47,320 $40,950 $10,320 $29,200 $130,850 Task Total Hours Total Cost City Council 19 – 54 5/20/2025 Public Works Agency www.santa-ana.org/pw Item # 20 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report May 20, 2025 TOPIC: Agreements for On-Call Construction Management and Inspection Services AGENDA TITLE Agreements with Butier Engineering, Inc., Z&K Consultants, Inc., Berg & Associates, Inc., Psomas, Willdan Engineering, and EEC Environmental for On-Call Construction Management and Inspection Services (No. 25-011) (Non-General Fund) RECOMMENDED ACTION Authorize the City Manager to execute agreements with Butier Engineering, Inc., Z&K Consultants, Inc., Berg & Associates, Inc., Psomas, Willdan Engineering, and EEC Environmental for on-call construction management services and inspection services, for a shared aggregate amount not to exceed $1,500,000, for a term beginning May 21, 2025 and expiring May 20, 2028, with provisions for two one-year extensions (Core Agreement No. A-2025-XXX). GOVERNMENT CODE §84308 APPLIES: Yes DISCUSSION The Public Works Agency’s (PWA) Water Resources Division oversees and maintains the daily operations of the City’s water and sanitary systems. The water system is comprised of approximately 480 miles of water main, 21 groundwater wells, seven pump stations, 10 reservoirs with a storage capacity of 49 million gallons, four pressure regulating stations, and seven connection points to the Metropolitan Water District. Several projects overseen by the Water Resource Divsion require on-call construction management services. These projects include the SA7 MET connection, Well-29 rehabilitation, Well-32 relocation, and drilling of the new Washington Well. On January 14, 2025, the Water Division released a Request for Proposals (RFP) by which it sought the services of qualified consulting firms to provide on-call construction management and inspection services. The chosen consultants will supplement City staff by providing professional construction management and inspection services for a variety of Capital Improvement Projects (CIP) and Rehabilitation & Replacement (R&R) projects related to water, sewer, and recycled water systems, and other projects related to the Water Resources’ project schedule and operations. The RFP was advertised on the City’s online bid management and publication system (PlanetBids), and proposals were received electronically via PlanetBids on February 3, 2025. City Council 20 – 1 5/20/2025 On-Call Construction Management and Inspection Services May 20, 2025 Page 2 5 0 3 1 The following table summarizes the participation of firms for RFP 25-011: 1480 Vendors notified 6 Santa Ana vendors notified 74 Vendors downloaded the RFP Packet 14 Proposals received 1 Proposal received from Santa Ana Vendor Proposals were solicited, opened on March 7, 2025, and evaluated. Fourteen proposals were submitted by the RFP deadline and all 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, and the following summarizes the top six responding firms and their rankings: Firm City Rank Butier Engineering, Inc.Tustin, CA 1 Z&K Consultants, Inc.Riverside, CA 2 Berg & Associates, Inc.San Pedro, CA 3 Psomas Santa Ana, CA 4 Willdan Engineering Anaheim, CA 5 EEC Environmental Orange, CA 6 Each of the proposals demonstrated the firms have the necessary capacity and expertise to complete the required services. Therefore, staff recommends awarding agreements to Butier Engineering Inc., Z&K Consultants, Berg & Associates Inc., Psomas, Willdan Engineering, and EEC Environmental (Exhibits 1-6), to ensure sufficient resources are available to meet the needs of the Water Division. ENVIRONMENTAL IMPACT There is no environmental impact associated with the action. FISCAL IMPACT City staff will schedule the requested services upon issuance of a Notice to Proceed. However, the consultants will not be assigned tasks until July 1, 2025. As a result, no expenses will be incurred during FY 2024-25. Funds in the annual amount of $300,000 will be included in proposed budgets for future years as follows: Fiscal Year Accounting Unit - Account # Fund Description Accounting Unit, Account Description Budget Available / Projected 2025-26 06017645- 62300 Water Water Admin & Engineering, Contract Services-Professional $300,000 City Council 20 – 2 5/20/2025 On-Call Construction Management and Inspection Services May 20, 2025 Page 3 5 0 3 1 Fiscal Year Accounting Unit - Account # Fund Description Accounting Unit, Account Description Budget Available / Projected 2026-27 06017645- 62300 Water Water Admin & Engineering, Contract Services-Professional $300,000 2027-28 06017645- 62300 Water Water Admin & Engineering, Contract Services-Professional $300,000 2028-29 06017645- 62300 Water Water Admin & Engineering, Contract Services-Professional $300,000 2029-30 06017645- 62300 Water Water Admin & Engineering, Contract Services-Professional $300,000 Total:$1,500,000 EXHIBIT(S) 1. Agreement with Butier Engineering Inc 2. Agreement with Z&K Consultants 3. Agreement with Berg & Associates Inc 4. Agreement with Psomas 5. Agreement with Willdan Engineering 6. Agreement with EEC Environmental Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Alvaro Nuñez, City Manager City Council 20 – 3 5/20/2025 City Council 20 – 4 5/20/2025 City Council 20 – 5 5/20/2025 City Council 20 – 6 5/20/2025 City Council 20 – 7 5/20/2025 City Council 20 – 8 5/20/2025 City Council 20 – 9 5/20/2025 City Council 20 – 10 5/20/2025 City Council 20 – 11 5/20/2025 Nabil Saba Digitally signed by Nabil Saba Date: 2025.05.05 16:46:32 -07'00' City Council 20 – 12 5/20/2025 City Council 20 – 13 5/20/2025 City Council 20 – 14 5/20/2025 City Council 20 – 15 5/20/2025 City Council 20 – 16 5/20/2025 City Council 20 – 17 5/20/2025 City Council 20 – 18 5/20/2025 City Council 20 – 19 5/20/2025 City Council 20 – 20 5/20/2025 Page 1 of 9 AGREEMENT WITH Z&K CONSULTANTS, INC. TO PROVIDE ON-CALL WATER RESOURCES CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES THIS AGREEMENT is made and entered into on this 20th day of May, 2025 by and between Z&K Consultants, Inc., a California corporation (“Consultant”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”). RECITALS A. On January 14, 2025, the City issued Request for Proposal (“RFP”) No. 25-011, by which it sought Consultants to provide on-call water resources construction management and inspection services on behalf of the City of Santa Ana’s Public Works Agency. B. Consultant submitted a responsive proposal that was among those selected by the City. Consultant represents that it is able and willing to provide the services described in the scope of work that was included in RFP No. 25-011, which is attached hereto as Exhibit A. Consultant’s responsive proposal to RFP No. 25-011 shall be incorporated herein by reference as though fully attached to this Agreement. C. Consultant was selected as one of six (6) vendors which qualified for this engagement. Only those consultants approved by the City Council on May 20, 2025 shall be eligible to be engaged by the City for these services. D. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES On an on-call basis, and the City’s sole discretion, Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Services - Exhibit A, attached hereto and incorporated herein. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant. Consultant shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit B, attached hereto and incorporated herein. Consultant is one of six (6) consultants selected under RFP 25- 011. The total compensation for these services provided by all such consultants selected under RFP 25-011 shall not exceed the shared aggregate amount of One Million Five City Council 20 – 21 5/20/2025 Page 2 of 9 Hundred Thousand Dollars ($1,500,000.00) 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 Consultant agree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH) transfers. Consultant agrees to execute the City’s standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Consultant’s account(s) with financial institutions. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above for a three (3) year term with the option for the City to grant up to two (2), one (1) year renewals, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents & Data”). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within City Council 20 – 22 5/20/2025 Page 3 of 9 the purposes intended by this Agreement shall be at City’s sole risk. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall 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 Consultant. Minimum Scope and Limit of insurance. • Commercial General Liability (CGL): Insurance Services Office Form CG 00 01covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence and $4,000,000 aggregate. Required policy limits can be met with primary and umbrella/excess insurance policies. • Automobile Liability: Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with limits no less than $1,000,000 combined single limits. In the event Consultant does not maintain commercial automobile liability insurance, City will accept evidence of personal automobile insurance. • 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. Coverage is not required if Consultant has no employees and signs request to waive such insurance. • Professional Liability Insurance: with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 aggregate. • If Consultant maintains broader coverage and/or higher limits than the minimum requirements for each line of coverage shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City. Other Insurance Provisions. The above required insurance policies are to contain or be endorsed to contain the following provisions: • City, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds, under Consultant’s CGL, Professional Liability, and Automobile Liability policies, with respect to any liability arising out of work or operations performed by or on behalf of the Instructor including materials, parts, equipment, and personnel furnished in connection with such work or operations. • Consultant’s Insurance company(ies) agrees to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from work performed by Consultant under this Agreement. • For any claims related to this contract, Consultant’s insurance coverage shall be primary and any insurance maintained by City, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it. City Council 20 – 23 5/20/2025 Page 4 of 9 • A severability of interest provision must apply for all the additional insureds, ensuring that Consultant’s insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer’s limits of liability. • Insurance policies required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non-renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City. Ten (10) days prior written notice shall be provided to City for policy cancellation or non-renewal due to non-payment of premium. • Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: Public Works Agency, 20 Civic Center Plaza (M-21), 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 Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. Acceptability of Insurers. Insurance is to be placed with insurers authorized to conduct business in the State of California with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to City. Verification of Coverage. Consultant shall furnish City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive Consultant’s obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Special Risks or Circumstances City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 7. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial City Council 20 – 24 5/20/2025 Page 5 of 9 or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including cost s, for infringement of any United States’ letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 9. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 10. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect it s own information of like importance, but in no event less than reasonable care. “Confidential Information” shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) City Council 20 – 25 5/20/2025 Page 6 of 9 is independently developed by the Consultant without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have i nterests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 12. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, o r disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City’s ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Consultants retained by City. 15. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of City Council 20 – 26 5/20/2025 Page 7 of 9 termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 18. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 19. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: City Clerk City of Santa Ana 20 Civic Center Plaza (M-30) City Council 20 – 27 5/20/2025 Page 8 of 9 P.O. Box 1988 Santa Ana, California 92702-1988 With courtesy copies to: Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, California 92702 To Consultant: A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney’s fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if full y set forth in the body of this Agreement. [signatures appear on following page] Z&K Consultants, Inc. Attn: Crystal Fraire, President 17130 Van Buren Blvd., Suite 122 Riverside, California 92504 Email: cfraire@zandkconsultants.com City Council 20 – 28 5/20/2025 Page 9 of 9 SIGNATURE PAGE TO AGREEMENT WITH Z&K CONSULTANTS, INC. TO PROVIDE ON-CALL WATER RESOURCES CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES 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: CONSULTANT SONIA R. CARVALHO City Attorney By: Jonathan T. Martinez Assistant City Attorney (title) Tax ID# RECOMMENDED FOR APPROVAL: Nabil Saba, P.E. Executive Director Public Works Agency By: Title: Crystal Fraire President Nabil Saba Digitally signed by Nabil Saba Date: 2025.05.05 16:47:29 -07'00' City Council 20 – 29 5/20/2025 EXHIBIT A SCOPE OF SERVICES City Council 20 – 30 5/20/2025 CITY OF SANTA ANA CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES RFP NO. 25-011 Introduction/Background The City of Santa Ana intends to retain qualified professional consultant(s) on an as-needed or “on- call” basis to provide construction management and inspection services. A Professional Services Agreement will be entered into with several of the qualified consultant(s) to provide professional construction management services for a variety of capital improvement projects in the City. These services will be for a variety of Capital Improvement Projects (CIP) and Rehabilitation & Replacement (R&R) projects to meet the City’s project schedule. A more detailed scope of services is listed in the section below. The City of Santa Ana plans, designs and manages all aspects of Capital Improvement Projects (CIP) and (R&R) delivery services. Some of the design work is accomplished thru engineering consulting services as part of on-call engineering services. Now, the City would like to incorporate qualified and capable consultants to assist in construction management and inspection services. All interested parties are required to submit proposals in accordance with the conditions and dates outlined on this request for proposal. Scope of Services The selected consultant(s) are expected to provide professional construction management and inspection services for capital improvement projects and not limited to: ·Project coordination, management, inspection and oversight ·Project constructability review and assistance during design phase ·Value Engineering ·Consideration of life cycle costs ·Bidding process review assistance and oversight ·Public engagement and community meetings as necessary ·Coordination with local agencies, utility companies and members of the public ·Project budgeting, scheduling, cost accounting and reporting (with input from others as required) ·Prepare monthly reporting for project construction status ·Propose, develop and implement project quality assurance and quality control programs (QA/QC) ·Prepare, review and process contractor’s requests, payment and invoicing ·Review, evaluate and recommend budget cost analysis ·Review, and recommend shop drawings for approval ·Review approval of any specifications and permit requirements EXHIBIT A SCOPE OF SERVICES City Council 20 – 31 5/20/2025 CITY OF SANTA ANA · Provide field conflict resolutions · Monitor, guide and advise the City for compliance with state, local and federal funding requirements. Prepare paperwork and compliance reports · Schedule, prepare agendas, conduct progress meetings, and minutes · Provide and prepare assistance with claim disputes, change order requests and associated construction project litigation · Maintain project files, records, and contact information related thereto. Use of PROCORE software is a requirement · Project closeout, including: post-construction debriefing meetings; contractor evaluations, file purging and archiving · Construction Inspection Services management and oversight · Project commissioning and or owner training · Any other items required for successful project execution The Construction manager is responsible for monitoring all the contractor(s) operations and compliance thereof including and not limited to their staff, and/or sub-consultants. The selected consultant(s) must have the expertise, experience, and demonstrated resources available to perform the work described in this RFP. Project Management, Equipment/Supplies: The consultant(s) services shall be in accordance with the provisions, guidelines and specifications detailed here in and not limited to professional standards established by the City, and or federal, state and local guidelines. The consultant(s) shall have project management control procedures in effect during the entire time work is being performed under the Agreement. This task shall include the following: · Project Management Plan- the consultant shall provide a detail management plan including information and coordination to ensure compliance and completion of the job order tasks · Quality Control/Quality Assurance (QA/QC) Plan · Project Schedule/Invoicing · Project Correspondence In case of conflict, ambiguities, discrepancies, errors, or omissions, the consultant(s) shall submit the matter to the City for clarification. City Responsibilities: The City will provide information in its possession relevant to the preparation of the required information in the RFP. The City will provide only the staff assistance and the documentation specifically in referred to herein. · Furnish scope of work and provide general direction as needed for the assigned project · All plan check coordination within the City Agencies · Provide as-built records and project information City Council 20 – 32 5/20/2025 CITY OF SANTA ANA · Advertise, award, and administer of contract · Electronic files (sample plans & specifications, City of Santa Ana’s CADD Standards) if needed · Resolve all construction claims Fee Proposal: In addition to Section V.G.2 (Submittal Requirements: Cost Proposal) fee schedule shall be structured as follows: The fee proposal shall include the firm’s standard hourly fee schedule, and/or project fee schedule where applicable and as outlined in this this documents. A list of all positions and hourly rates required to perform the services described herein. A more detailed scope of work will be provided when/if a specific project or Task Order proposal is requested from the consultant(s). Other Terms and Conditions: 1. The project will be implemented in compliance with the City of Santa Ana’s policies, as well as Prevailing Wages and State/Federal Requirements. (If applicable) Consultants are advised to consider whether services to be performed include classifications subject to state or federal prevailing wage requirements. Prevailing wages will apply if the services to be performed will involve land surveying (such as flag persons, survey party chief, rodman or chainman), materials sampling and testing (such as drilling rig operators, pile driving, crane operators), inspection work, soils or foundation investigations, environmental hazardous materials and so forth. California State prevailing wage information is available through the California Department of Industrial Relations website at http://www.dir.ca.gov.dlsr/statistics_research.html. Labor categories subject to prevailing wage requirements, when employed for any work on this project, are wholly the responsibility of the firm or individual named in any Professional Services Agreement approved by the City. City will not assume any responsibility for Consultant’s failure to pay prevailing wages in accordance with State law. 2. The City reserves the right to amend this Request for Proposal by addendum prior to the final dates of submission. 3. All reports, proposals, or other data or materials which are submitted shall become the sole property of the City of Santa Ana with the exception of the confidential Financial Capacity information and fee proposals. 4. All products used or developed in the execution of any contract resulting from this request will remain in the public domain at the completion of this project. 5. The City has an affirmative action program. The purpose of the affirmative action program is to encourage certified minority business enterprises and women business enterprises. All submitting firms must have established affirmative action programs approvable by the City. City Council 20 – 33 5/20/2025 CITY OF SANTA ANA During the RFP stage, all firms will need to complete a “Certification of Non-Discrimination” for each firm on their team. 6. Independent Consultant(s). In accepting this contract, Consultant covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services hereunder. Consultant further covenants that, in the performance of this contract, no sub-consultant or person having such an interest shall be employed. Consultant certifies that to the best of his knowledge, no one who has or will have any financial interest under this contract is an officer or employee of City. It is expressly agreed by Consultant that in the performance of the services required under this contract, Consultant, and any of its sub-consultants or employees, shall at times be considered independent consultants and not agents of City. Sub-consultants: The Consultant(s) shall be able to assist the City throughout this contract to provide the necessary services described herein. The consultant(s) shall utilize in-house and/or sub-consultant(s) to complete the assignments. For specialized work for which the prime consultant will require a sub- consultant, the prime will serve as the administrative liaison between the City and the sub- consultant. The prime consultant mark-up for sub-consultant work shall not exceed 10%. · Consultant agrees to bind every sub-consultants to the terms of the Agreement Documents as far as such terms are applicable to sub-consultant’s portion of the work. Consultant shall be as fully responsible to the City for the acts and omissions of its sub- consultants and of persons either directly or indirectly employed by its sub-consultants, as Consultant is for acts and omissions of persons directly employed by Consultant. Nothing contained in these Agreement Documents shall create any contractual relationship between any sub-consultants and the City. · The City reserves the right to approve all sub-consultants. The City’s Approval of any sub-consultant under this Agreement shall not in any way relieve Consultant of its obligations in the Agreement Documents. Manuals/Standards: All construction work shall be performed and in accordance with all the procedures and standards as applicable and described in the construction plans and contract specifications, standard provisions and any local, state and federal requirements, and any other agencies involved. It is the responsibility of the consultant(s) to verify that all the design guidelines and specifications comply with described documents. City Council 20 – 34 5/20/2025 EXHIBIT B COMPENSATION Fee Proposal including hourly rates if applicable City Council 20 – 35 5/20/2025 COST PROPOSAL City Council 20 – 36 5/20/2025 17130 Van Buren Blvd, Suite 122 | Riverside, CA 92504 | 951.310.7470 | www.zandkconsultants.com STAFF REGULAR TIME RATE1 OVERTIME RATE (MON-FRI)2 OVERTIME RATE (SAT)1 OVERTIME RATE (SUN/HOLIDAY) Principal .................................................................................... $242.00 – – – Senior Construction Manager ...................................................... $240.00 – – – QA/QC Manager ......................................................................... $195.00 – – – Senior Program Manager ............................................................. $212.00 – – – Program Manager ....................................................................... $206.00 – – – Senior Project Manager ............................................................... $186.00 – – – Project Manager ......................................................................... $180.00 – – – Assistant Project Manager .......................................................... $142.00 – – – Resident Engineer ...................................................................... $220.00 – – – Assistant Resident Engineer ........................................................ $197.00 – – – Construction Manager ................................................................ $178.00 – – – Assistant Construction Manager ................................................. $159.00 – – – Labor Compliance ...................................................................... $146.00 – – – Project Manager/Office Engineer ................................................. $147.00 – – – SWPPP Practitioner .................................................................... $177.00 – – – Senior Landscape Architect ........................................................ $189.00 – – – PE Licensed Inspector (Prevailing and Non-Prevailing Wage)3, 5 ..... $202.00 ........... $282.00 ..... $282.00 ............ $376.00 PE Licensed Inspector (Special Shift)3, 4, 5 ..................................... $208.00 ............ $297.00 ..... $297.00 ............ $396.00 Senior Construction Inspector (Prevailing Wage) 3, 5 ..................... $198.00 ............ $243.00 ..... $243.00 ............ $324.00 Senior Construction Inspector (Special Shift) 3, 4, 5 ........................ $208.00 ............ $279.00 ..... $279.00 ............ $372.50 Accessibility Expert/CASp Inspector ............................................ $208.00 ............ $312.00 ..... $312.00 ............ $416.00 DSA/OSHPD Inspector of Record ................................................ $202.00 ............ $303.00 ..... $303.00 ............ $402.00 Deputy Inspection (Prevailing Wage) 3, 5 ........................................ $189.00 ............ $283.50 ..... $283.50 ............ $378.00 Public Works Inspector (Non-Prevailing Wage) 5 ........................... $172.00 ............ $258.00 ..... $258.00 ............ $344.00 Positions are subject to overtime rates billed at 1.5 times the regular rate for all time over eight (8) hours in a single day or work performed on Saturdays. Double time rates apply for work performed on Sundays and holidays. The hourly rates include wages, fringe benefits, and general and administrative overhead and fee, as well as typical supplies, tools, and equipment required to perform services. Construction management software is not included in the base rate. 1. The listed rate applies to the first four hours of overtime during the week and/or the first eight hours of overtime on Saturdays. All overtime beyond four hours during the week or eight hours on Saturdays is billed at the Sunday/holiday rate. 2. Prevailing Wage Rates are subject to increases per the State of California’s Department of Industrial Relations Wage Rate Determinations. Z&K's billing rates will increase in line with the DIR increase, plus overhead and profit. The current rates are based on Determination SD-23-63-3-2023-2D, issued on 8/22/2023. 3. A Special Shift is defined as any shift starting after 5:00 PM and before 6:00 AM. 4. Minimum callout requirements for inspection staff are in line with Industrial Welfare Commission Order #16-2001: o Cancellation of 8 hours scheduled inspection after inspector’s arrival on site: 4-hour minimum. o Cancellation of 4 hours scheduled inspection after inspector’s arrival on site: 2-hour minimum. 5. For contracts involving public works inspection services, Z&K requires the awarding public agency to complete DIR form PWC-100 for Z&K as the prime contractor, specific to the awarded contract name and amount. A half-hour per week, per inspector, will be billed for labor compliance on all Prevailing Wage inspection assignments. Overall Notes: • Reimbursable Expenses (Other Direct Costs): Ordinary identifiable non-salary costs directly attributable to the project (e.g., regular commuter travel costs, standard equipment, tools, and software) are included in the estimated fee. Extraordinary expenses (such as oversized and/or color reproduction costs, vehicle identification decals, site facility hard phone lines or internet service, non-commuter project mileage, remote travel over 50 miles one-way, overnight postage/couriers, etc.) will be billed at actual cost plus 15% for overhead and administration. Travel costs to casting/fabrication yards or batch plants will include the hourly billing rate plus travel expenses as listed in the Caltrans Travel Guide (State rates). Mileage is billed at the current IRS rate ($0.655/mile). An allowance for extraordinary charges is included as Other Direct Costs (ODC) in the fee table. Extraordinary charges beyond the estimated ODC allowance will not be billed unless specifically included in the contract or pre-approved by the Client in writing. • Fees for Subconsultant Services: Billed at actual cost plus 15% to cover overhead and administration. • Web-Based Contract Administration: Selected/specified cloud-based service billed at cost plus 15%. • Escalation: Unless specified otherwise (such as for prevailing wage personnel), all billing rates are subject to annual review for Consumer Price Index escalation or 3%, whichever is greater. Z&K CONSULTANTS, INC. STANDARD BILLING RATE SCHEDULE (2025) Rates Effective January 1, 2025, through December 31, 2025 (Future years subject to review for Consume Price Index escalation of 3%, whichever is greater) PROJECT/CONSTRUCTION MANAGEMENT & INSPECTION SERVICES NOTES & ASSUMPTIONS City Council 20 – 37 5/20/2025 Page 1 of 9 AGREEMENT WITH BERG & ASSOCIATES, INC. TO PROVIDE ON-CALL WATER RESOURCES CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES THIS AGREEMENT is made and entered into on this 20th day of May, 2025 by and between Berg & Associates, Inc., a California corporation (“Consultant”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”). RECITALS A. On January 14, 2025, the City issued Request for Proposal (“RFP”) No. 25-011, by which it sought Consultants to provide on-call water resources construction management and inspection services on behalf of the City of Santa Ana’s Public Works Agency. B. Consultant submitted a responsive proposal that was among those selected by the City. Consultant represents that it is able and willing to provide the services described in the scope of work that was included in RFP No. 25-011, which is attached hereto as Exhibit A. Consultant’s responsive proposal to RFP No. 25-011 shall be incorporated herein by reference as though fully attached to this Agreement. C. Consultant was selected as one of six (6) vendors which qualified for this engagement. Only those consultants approved by the City Council on May 20, 2025 shall be eligible to be engaged by the City for these services. D. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES On an on-call basis, and the City’s sole discretion, Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Services - Exhibit A, attached hereto and incorporated herein. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant. Consultant shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit B, attached hereto and incorporated herein. Consultant is one of six (6) consultants selected under RFP 25- 011. The total compensation for these services provided by all such consultants selected City Council 20 – 38 5/20/2025 Page 2 of 9 under RFP 25-011 shall not exceed the shared aggregate amount of One Million Five Hundred Thousand Dollars ($1,500,000.00) 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 Consultant agree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH) transfers. Consultant agrees to execute the City’s standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Consultant’s account(s) with financial institutions. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above for a three (3) year term with the option for the City to grant up to two (2), one (1) year renewals, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents & Data”). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in City Council 20 – 39 5/20/2025 Page 3 of 9 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 Prior to undertaking performance of work under this Agreement, Consultant shall 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 Consultant. Minimum Scope and Limit of insurance. •Commercial General Liability (CGL): Insurance Services Office Form CG 00 01covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence and $4,000,000 aggregate. Required policy limits can be met with primary and umbrella/excess insurance policies. •Automobile Liability: Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with limits no less than $1,000,000 combined single limits. In the event Consultant does not maintain commercial automobile liability insurance, City will accept evidence of personal automobile insurance. •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. Coverage is not required if Consultant has no employees and signs request to waive such insurance. •Professional Liability Insurance: with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 aggregate. •If Consultant maintains broader coverage and/or higher limits than the minimum requirements for each line of coverage shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City. Other Insurance Provisions. The above required insurance policies are to contain or be endorsed to contain the following provisions: •City, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds, under Consultant’s CGL, Professional Liability, and Automobile Liability policies, with respect to any liability arising out of work or operations performed by or on behalf of the Instructor including materials, parts, equipment, and personnel furnished in connection with such work or operations. •Consultant’s Insurance company(ies) agrees to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from work performed by Consultant under this Agreement. City Council 20 – 40 5/20/2025 Page 4 of 9 • For any claims related to this contract, Consultant’s insurance coverage shall be primary and any insurance maintained by City, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it. • A severability of interest provision must apply for all the additional insureds, ensuring that Consultant’s insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer’s limits of liability. • 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 gi ven to City. Ten (10) days prior written notice shall be provided to City for policy cancellation or non-renewal due to non-payment of premium. • Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: Public Works Agency, 20 Civic Center Plaza (M-21), 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 Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. Acceptability of Insurers. Insurance is to be placed with insurers authorized to conduct business in the State of California with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to City. Verification of Coverage. Consultant shall furnish City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive Consultant’s obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Special Risks or Circumstances City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 7. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) City Council 20 – 41 5/20/2025 Page 5 of 9 from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States’ letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 9. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 10. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. “Confidential Inform ation” 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 City Council 20 – 42 5/20/2025 Page 6 of 9 information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 12. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City’s ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Consultants retained by City. City Council 20 – 43 5/20/2025 Page 7 of 9 15. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 18. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 19. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: City Council 20 – 44 5/20/2025 Page 8 of 9 To City: City Clerk City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, California 92702-1988 With courtesy copies to: Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, California 92702 To Consultant: A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney’s fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. [signatures appear on following page] Berg & Associates, Inc. Attn: Alicia Berg, VP 302 W. 5th St., Suite 210 San Pedro, California 90731 Fax: 310-548-9195 City Council 20 – 45 5/20/2025 Page 9 of 9 SIGNATURE PAGE TO AGREEMENT WITH BERG & ASSOCIATES, INC. TO PROVIDE ON-CALL WATER RESOURCES CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES 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: CONSULTANT SONIA R. CARVALHO City Attorney By: Jonathan T. Martinez Assistant City Attorney (title) Tax ID# RECOMMENDED FOR APPROVAL: Nabil Saba, P.E. Executive Director Public Works Agency By: Title: Alicia M. Berg Vice President Nabil Saba Digitally signed by Nabil Saba Date: 2025.05.05 16:48:17 -07'00' City Council 20 – 46 5/20/2025 #2010327v1 EXHIBIT A SCOPE OF SERVICES City Council 20 – 47 5/20/2025 CITY OF SANTA ANA CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES RFP NO. 25-011 Introduction/Background The City of Santa Ana intends to retain qualified professional consultant(s) on an as-needed or “on- call” basis to provide construction management and inspection services. A Professional Services Agreement will be entered into with several of the qualified consultant(s) to provide professional construction management services for a variety of capital improvement projects in the City. These services will be for a variety of Capital Improvement Projects (CIP) and Rehabilitation & Replacement (R&R) projects to meet the City’s project schedule. A more detailed scope of services is listed in the section below. The City of Santa Ana plans, designs and manages all aspects of Capital Improvement Projects (CIP) and (R&R) delivery services. Some of the design work is accomplished thru engineering consulting services as part of on-call engineering services. Now, the City would like to incorporate qualified and capable consultants to assist in construction management and inspection services. All interested parties are required to submit proposals in accordance with the conditions and dates outlined on this request for proposal. Scope of Services The selected consultant(s) are expected to provide professional construction management and inspection services for capital improvement projects and not limited to: ·Project coordination, management, inspection and oversight ·Project constructability review and assistance during design phase ·Value Engineering ·Consideration of life cycle costs ·Bidding process review assistance and oversight ·Public engagement and community meetings as necessary ·Coordination with local agencies, utility companies and members of the public ·Project budgeting, scheduling, cost accounting and reporting (with input from others as required) ·Prepare monthly reporting for project construction status ·Propose, develop and implement project quality assurance and quality control programs (QA/QC) ·Prepare, review and process contractor’s requests, payment and invoicing ·Review, evaluate and recommend budget cost analysis ·Review, and recommend shop drawings for approval ·Review approval of any specifications and permit requirements EXHIBIT A SCOPE OF SERVICES City Council 20 – 48 5/20/2025 CITY OF SANTA ANA · Provide field conflict resolutions · Monitor, guide and advise the City for compliance with state, local and federal funding requirements. Prepare paperwork and compliance reports · Schedule, prepare agendas, conduct progress meetings, and minutes · Provide and prepare assistance with claim disputes, change order requests and associated construction project litigation · Maintain project files, records, and contact information related thereto. Use of PROCORE software is a requirement · Project closeout, including: post-construction debriefing meetings; contractor evaluations, file purging and archiving · Construction Inspection Services management and oversight · Project commissioning and or owner training · Any other items required for successful project execution The Construction manager is responsible for monitoring all the contractor(s) operations and compliance thereof including and not limited to their staff, and/or sub-consultants. The selected consultant(s) must have the expertise, experience, and demonstrated resources available to perform the work described in this RFP. Project Management, Equipment/Supplies: The consultant(s) services shall be in accordance with the provisions, guidelines and specifications detailed here in and not limited to professional standards established by the City, and or federal, state and local guidelines. The consultant(s) shall have project management control procedures in effect during the entire time work is being performed under the Agreement. This task shall include the following: · Project Management Plan- the consultant shall provide a detail management plan including information and coordination to ensure compliance and completion of the job order tasks · Quality Control/Quality Assurance (QA/QC) Plan · Project Schedule/Invoicing · Project Correspondence In case of conflict, ambiguities, discrepancies, errors, or omissions, the consultant(s) shall submit the matter to the City for clarification. City Responsibilities: The City will provide information in its possession relevant to the preparation of the required information in the RFP. The City will provide only the staff assistance and the documentation specifically in referred to herein. · Furnish scope of work and provide general direction as needed for the assigned project · All plan check coordination within the City Agencies · Provide as-built records and project information City Council 20 – 49 5/20/2025 CITY OF SANTA ANA · Advertise, award, and administer of contract · Electronic files (sample plans & specifications, City of Santa Ana’s CADD Standards) if needed · Resolve all construction claims Fee Proposal: In addition to Section V.G.2 (Submittal Requirements: Cost Proposal) fee schedule shall be structured as follows: The fee proposal shall include the firm’s standard hourly fee schedule, and/or project fee schedule where applicable and as outlined in this this documents. A list of all positions and hourly rates required to perform the services described herein. A more detailed scope of work will be provided when/if a specific project or Task Order proposal is requested from the consultant(s). Other Terms and Conditions: 1. The project will be implemented in compliance with the City of Santa Ana’s policies, as well as Prevailing Wages and State/Federal Requirements. (If applicable) Consultants are advised to consider whether services to be performed include classifications subject to state or federal prevailing wage requirements. Prevailing wages will apply if the services to be performed will involve land surveying (such as flag persons, survey party chief, rodman or chainman), materials sampling and testing (such as drilling rig operators, pile driving, crane operators), inspection work, soils or foundation investigations, environmental hazardous materials and so forth. California State prevailing wage information is available through the California Department of Industrial Relations website at http://www.dir.ca.gov.dlsr/statistics_research.html. Labor categories subject to prevailing wage requirements, when employed for any work on this project, are wholly the responsibility of the firm or individual named in any Professional Services Agreement approved by the City. City will not assume any responsibility for Consultant’s failure to pay prevailing wages in accordance with State law. 2. The City reserves the right to amend this Request for Proposal by addendum prior to the final dates of submission. 3. All reports, proposals, or other data or materials which are submitted shall become the sole property of the City of Santa Ana with the exception of the confidential Financial Capacity information and fee proposals. 4. All products used or developed in the execution of any contract resulting from this request will remain in the public domain at the completion of this project. 5. The City has an affirmative action program. The purpose of the affirmative action program is to encourage certified minority business enterprises and women business enterprises. All submitting firms must have established affirmative action programs approvable by the City. City Council 20 – 50 5/20/2025 CITY OF SANTA ANA During the RFP stage, all firms will need to complete a “Certification of Non-Discrimination” for each firm on their team. 6. Independent Consultant(s). In accepting this contract, Consultant covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services hereunder. Consultant further covenants that, in the performance of this contract, no sub-consultant or person having such an interest shall be employed. Consultant certifies that to the best of his knowledge, no one who has or will have any financial interest under this contract is an officer or employee of City. It is expressly agreed by Consultant that in the performance of the services required under this contract, Consultant, and any of its sub-consultants or employees, shall at times be considered independent consultants and not agents of City. Sub-consultants: The Consultant(s) shall be able to assist the City throughout this contract to provide the necessary services described herein. The consultant(s) shall utilize in-house and/or sub-consultant(s) to complete the assignments. For specialized work for which the prime consultant will require a sub- consultant, the prime will serve as the administrative liaison between the City and the sub- consultant. The prime consultant mark-up for sub-consultant work shall not exceed 10%. · Consultant agrees to bind every sub-consultants to the terms of the Agreement Documents as far as such terms are applicable to sub-consultant’s portion of the work. Consultant shall be as fully responsible to the City for the acts and omissions of its sub- consultants and of persons either directly or indirectly employed by its sub-consultants, as Consultant is for acts and omissions of persons directly employed by Consultant. Nothing contained in these Agreement Documents shall create any contractual relationship between any sub-consultants and the City. · The City reserves the right to approve all sub-consultants. The City’s Approval of any sub-consultant under this Agreement shall not in any way relieve Consultant of its obligations in the Agreement Documents. Manuals/Standards: All construction work shall be performed and in accordance with all the procedures and standards as applicable and described in the construction plans and contract specifications, standard provisions and any local, state and federal requirements, and any other agencies involved. It is the responsibility of the consultant(s) to verify that all the design guidelines and specifications comply with described documents. City Council 20 – 51 5/20/2025 #2010327v1 EXHIBIT B COMPENSATION Fee Proposal including hourly rates if applicable City Council 20 – 52 5/20/2025 February 3, 2025 ATTN: Jose Medina, P.E. City of Santa Ana – Public Works Agency 220 S. Daisy Ave., M-85 Santa Ana, CA 92703 SUBJECT: Fee Proposal Submission for Water Resources Construction Management & Inspection Services (RFP No. 25-011) Proposer: Berg & Associates, Inc. Dear Mr. Medina, Please find attached our cost proposal for the City of Santa Ana’s Request for Proposal (RFP) for Water Resources Construction Management and Inspection Services RFP No. 25-011. Our submission includes a detailed fee schedule in alignment with the scope and requirements outlined in the RFP. Our proposal reflects Berg & Associates, Inc.’s commitment to delivering exceptional project management and inspection services. We aim to ensure that this critical infrastructure project is executed efficiently, safely, and within the prescribed budget and schedule. As always, we remain flexible and open to negotiations to best align our services with the City’s goals and project priorities. We have included the CWA requirements in our rates. Should you have any questions or require further clarification, please do not hesitate to contact me directly at (310) 548-9292, (310) 292-9993, or via email at alicia@bergcm.com. We look forward to the opportunity to partner with the City of Santa Ana on this essential community project. Sincerely, Alicia M. Berg Vice President Berg & Associates, Inc. City Council 20 – 53 5/20/2025 Classification Year 1 Year 2 Year 2 Berg & Associates, Inc Feb 3, 2025 - Feb 3, 2026 Feb 3 2026 - Feb 3, 2027 Feb 3, 2027 - Feb 3, 2028 Project Manager 245.08$ 252.43$ 260.00$ Senior Construction Manager 207.78$ 214.02$ 220.44$ Scheduler 184.25$ 189.78$ 195.47$ Construction Manager 176.89$ 182.20$ 187.66$ Office Engineer 167.61$ 172.64$ 177.81$ Civil Inspector*153.07$ 157.66$ 162.39$ Contract Administrator 150.49$ 155.00$ 159.65$ Public Outreach Manager 139.15$ 143.32$ 147.62$ Public Outreach Assistant 113.85$ 117.27$ 120.78$ Jr. Office Engineer 101.20$ 104.24$ 107.36$ Document Control 88.55$ 91.21$ 93.94$ Reimbursable Expense Cost Unit Mark-up on Subconsultant 5%/invoice Printing Large Scale plans (24x36)5.00$ /sheet Vehicles 5.75$ /hour Office supplies/consumbales at cost /item NOTES: Year 1 Berg Rates are subject to 3% Cost of Living increase each year. *Inspector rates are subject to increases based on DIR requirements. Rate does not include overtime, weekend, or night shift. An audited overhead of 130% and a fee of 10% is used to calcualted fully-burdened rates. Firm: Berg & Associates, Inc. Feb 3, 2025 PRICING PROPOSAL Hourly Rate Schedule City of Santa Ana Water Resources On-Call Construction Management & Inspection Services Feb 3, 2025 - Feb 3, 2027 City Council 20 – 54 5/20/2025 Page 1 of 9 AGREEMENT WITH PSOMAS TO PROVIDE ON-CALL WATER RESOURCES CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES THIS AGREEMENT is made and entered into on this 20th day of May, 2025 by and between PSOMAS, a California corporation (“Consultant”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”). RECITALS A. On January 14, 2025, the City issued Request for Proposal (“RFP”) No. 25-011, by which it sought Consultants to provide on-call water resources construction management and inspection services on behalf of the City of Santa Ana’s Public Works Agency. B. Consultant submitted a responsive proposal that was among those selected by the City. Consultant represents that it is able and willing to provide the services described in the scope of work that was included in RFP No. 25-011, which is attached hereto as Exhibit A. Consultant’s responsive proposal to RFP No. 25-011 shall be incorporated herein by reference as though fully attached to this Agreement. C. Consultant was selected as one of six (6) vendors which qualified for this engagement. Only those consultants approved by the City Council on May 20, 2025 shall be eligible to be engaged by the City for these services. D. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES On an on-call basis, and the City’s sole discretion, Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Services - Exhibit A, attached hereto and incorporated herein. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant. Consultant shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit B, attached hereto and incorporated herein. Consultant is one of six (6) consultants selected under RFP 25- 011. The total compensation for these services provided by all such consultants selected under RFP 25-011 shall not exceed the shared aggregate amount of One Million Five City Council 20 – 55 5/20/2025 Page 2 of 9 Hundred Thousand Dollars ($1,500,000.00) 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 Consultant agree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH) transfers. Consultant agrees to execute the City’s standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Consultant’s account(s) with financial institutions. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above for a three (3) year term with the option for the City to grant up to two (2), one (1) year renewals, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents & Data”). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within City Council 20 – 56 5/20/2025 Page 3 of 9 the purposes intended by this Agreement shall be at City’s sole risk. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall 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 Consultant. Minimum Scope and Limit of insurance. • Commercial General Liability (CGL): Insurance Services Office Form CG 00 01covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence and $4,000,000 aggregate. Required policy limits can be met with primary and umbrella/excess insurance policies. • Automobile Liability: Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with limits no less than $1,000,000 combined single limits. In the event Consultant does not maintain commercial automobile liability insurance, City will accept evidence of personal automobile insurance. • 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. Coverage is not required if Consultant has no employees and signs request to waive such insurance. • Professional Liability Insurance: with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 aggregate. • If Consultant maintains broader coverage and/or higher limits than the minimum requirements for each line of coverage shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City. Other Insurance Provisions. The above required insurance policies are to contain or be endorsed to contain the following provisions: • City, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds, under Consultant’s CGL, Professional Liability, and Automobile Liability policies, with respect to any liability arising out of work or operations performed by or on behalf of the Instructor including materials, parts, equipment, and personnel furnished in connection with such work or operations. • Consultant’s Insurance company(ies) agrees to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from work performed by Consultant under this Agreement. • For any claims related to this contract, Consultant’s insurance coverage shall be primary and any insurance maintained by City, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it. City Council 20 – 57 5/20/2025 Page 4 of 9 • A severability of interest provision must apply for all the additional insureds, ensuring that Consultant’s insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer’s limits of liability. • Insurance policies required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non-renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City. Ten (10) days prior written notice shall be provided to City for policy cancellation or non-renewal due to non-payment of premium. • Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: Public Works Agency, 20 Civic Center Plaza (M-21), 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 Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. Acceptability of Insurers. Insurance is to be placed with insurers authorized to conduct business in the State of California with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to City. Verification of Coverage. Consultant shall furnish City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive Consultant’s obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Special Risks or Circumstances City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 7. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial City Council 20 – 58 5/20/2025 Page 5 of 9 or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including cost s, for infringement of any United States’ letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 9. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 10. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect it s own information of like importance, but in no event less than reasonable care. “Confidential Information” shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) City Council 20 – 59 5/20/2025 Page 6 of 9 is independently developed by the Consultant without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have i nterests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 12. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, o r disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City’s ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Consultants retained by City. 15. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of City Council 20 – 60 5/20/2025 Page 7 of 9 termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 18. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 19. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: City Clerk City of Santa Ana 20 Civic Center Plaza (M-30) City Council 20 – 61 5/20/2025 Page 8 of 9 P.O. Box 1988 Santa Ana, California 92702-1988 With courtesy copies to: Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, California 92702 To Consultant: A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney’s fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. [signatures appear on following page] PSOMAS Attn: Brett Barnett, PE 5 Hutton Centre Drive, Suite 300 Santa Ana, CA 92707 City Council 20 – 62 5/20/2025 Page 9 of 9 SIGNATURE PAGE TO AGREEMENT WITH PSOMAS TO PROVIDE ON-CALL WATER RESOURCES CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES 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: CONSULTANT SONIA R. CARVALHO City Attorney By: Jonathan T. Martinez Assistant City Attorney (title) Tax ID# RECOMMENDED FOR APPROVAL: Nabil Saba, P.E. Executive Director Public Works Agency By: Title: Brett Barnett, PE, CCM Vice President Nabil Saba Digitally signed by Nabil Saba Date: 2025.05.05 16:48:51 -07'00' City Council 20 – 63 5/20/2025 EXHIBIT A SCOPE OF SERVICES City Council 20 – 64 5/20/2025 CITY OF SANTA ANA CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES RFP NO. 25-011 Introduction/Background The City of Santa Ana intends to retain qualified professional consultant(s) on an as-needed or “on- call” basis to provide construction management and inspection services. A Professional Services Agreement will be entered into with several of the qualified consultant(s) to provide professional construction management services for a variety of capital improvement projects in the City. These services will be for a variety of Capital Improvement Projects (CIP) and Rehabilitation & Replacement (R&R) projects to meet the City’s project schedule. A more detailed scope of services is listed in the section below. The City of Santa Ana plans, designs and manages all aspects of Capital Improvement Projects (CIP) and (R&R) delivery services. Some of the design work is accomplished thru engineering consulting services as part of on-call engineering services. Now, the City would like to incorporate qualified and capable consultants to assist in construction management and inspection services. All interested parties are required to submit proposals in accordance with the conditions and dates outlined on this request for proposal. Scope of Services The selected consultant(s) are expected to provide professional construction management and inspection services for capital improvement projects and not limited to: ·Project coordination, management, inspection and oversight ·Project constructability review and assistance during design phase ·Value Engineering ·Consideration of life cycle costs ·Bidding process review assistance and oversight ·Public engagement and community meetings as necessary ·Coordination with local agencies, utility companies and members of the public ·Project budgeting, scheduling, cost accounting and reporting (with input from others as required) ·Prepare monthly reporting for project construction status ·Propose, develop and implement project quality assurance and quality control programs (QA/QC) ·Prepare, review and process contractor’s requests, payment and invoicing ·Review, evaluate and recommend budget cost analysis ·Review, and recommend shop drawings for approval ·Review approval of any specifications and permit requirements EXHIBIT A SCOPE OF SERVICES City Council 20 – 65 5/20/2025 CITY OF SANTA ANA · Provide field conflict resolutions · Monitor, guide and advise the City for compliance with state, local and federal funding requirements. Prepare paperwork and compliance reports · Schedule, prepare agendas, conduct progress meetings, and minutes · Provide and prepare assistance with claim disputes, change order requests and associated construction project litigation · Maintain project files, records, and contact information related thereto. Use of PROCORE software is a requirement · Project closeout, including: post-construction debriefing meetings; contractor evaluations, file purging and archiving · Construction Inspection Services management and oversight · Project commissioning and or owner training · Any other items required for successful project execution The Construction manager is responsible for monitoring all the contractor(s) operations and compliance thereof including and not limited to their staff, and/or sub-consultants. The selected consultant(s) must have the expertise, experience, and demonstrated resources available to perform the work described in this RFP. Project Management, Equipment/Supplies: The consultant(s) services shall be in accordance with the provisions, guidelines and specifications detailed here in and not limited to professional standards established by the City, and or federal, state and local guidelines. The consultant(s) shall have project management control procedures in effect during the entire time work is being performed under the Agreement. This task shall include the following: · Project Management Plan- the consultant shall provide a detail management plan including information and coordination to ensure compliance and completion of the job order tasks · Quality Control/Quality Assurance (QA/QC) Plan · Project Schedule/Invoicing · Project Correspondence In case of conflict, ambiguities, discrepancies, errors, or omissions, the consultant(s) shall submit the matter to the City for clarification. City Responsibilities: The City will provide information in its possession relevant to the preparation of the required information in the RFP. The City will provide only the staff assistance and the documentation specifically in referred to herein. · Furnish scope of work and provide general direction as needed for the assigned project · All plan check coordination within the City Agencies · Provide as-built records and project information City Council 20 – 66 5/20/2025 CITY OF SANTA ANA · Advertise, award, and administer of contract · Electronic files (sample plans & specifications, City of Santa Ana’s CADD Standards) if needed · Resolve all construction claims Fee Proposal: In addition to Section V.G.2 (Submittal Requirements: Cost Proposal) fee schedule shall be structured as follows: The fee proposal shall include the firm’s standard hourly fee schedule, and/or project fee schedule where applicable and as outlined in this this documents. A list of all positions and hourly rates required to perform the services described herein. A more detailed scope of work will be provided when/if a specific project or Task Order proposal is requested from the consultant(s). Other Terms and Conditions: 1. The project will be implemented in compliance with the City of Santa Ana’s policies, as well as Prevailing Wages and State/Federal Requirements. (If applicable) Consultants are advised to consider whether services to be performed include classifications subject to state or federal prevailing wage requirements. Prevailing wages will apply if the services to be performed will involve land surveying (such as flag persons, survey party chief, rodman or chainman), materials sampling and testing (such as drilling rig operators, pile driving, crane operators), inspection work, soils or foundation investigations, environmental hazardous materials and so forth. California State prevailing wage information is available through the California Department of Industrial Relations website at http://www.dir.ca.gov.dlsr/statistics_research.html. Labor categories subject to prevailing wage requirements, when employed for any work on this project, are wholly the responsibility of the firm or individual named in any Professional Services Agreement approved by the City. City will not assume any responsibility for Consultant’s failure to pay prevailing wages in accordance with State law. 2. The City reserves the right to amend this Request for Proposal by addendum prior to the final dates of submission. 3. All reports, proposals, or other data or materials which are submitted shall become the sole property of the City of Santa Ana with the exception of the confidential Financial Capacity information and fee proposals. 4. All products used or developed in the execution of any contract resulting from this request will remain in the public domain at the completion of this project. 5. The City has an affirmative action program. The purpose of the affirmative action program is to encourage certified minority business enterprises and women business enterprises. All submitting firms must have established affirmative action programs approvable by the City. City Council 20 – 67 5/20/2025 CITY OF SANTA ANA During the RFP stage, all firms will need to complete a “Certification of Non-Discrimination” for each firm on their team. 6. Independent Consultant(s). In accepting this contract, Consultant covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services hereunder. Consultant further covenants that, in the performance of this contract, no sub-consultant or person having such an interest shall be employed. Consultant certifies that to the best of his knowledge, no one who has or will have any financial interest under this contract is an officer or employee of City. It is expressly agreed by Consultant that in the performance of the services required under this contract, Consultant, and any of its sub-consultants or employees, shall at times be considered independent consultants and not agents of City. Sub-consultants: The Consultant(s) shall be able to assist the City throughout this contract to provide the necessary services described herein. The consultant(s) shall utilize in-house and/or sub-consultant(s) to complete the assignments. For specialized work for which the prime consultant will require a sub- consultant, the prime will serve as the administrative liaison between the City and the sub- consultant. The prime consultant mark-up for sub-consultant work shall not exceed 10%. · Consultant agrees to bind every sub-consultants to the terms of the Agreement Documents as far as such terms are applicable to sub-consultant’s portion of the work. Consultant shall be as fully responsible to the City for the acts and omissions of its sub- consultants and of persons either directly or indirectly employed by its sub-consultants, as Consultant is for acts and omissions of persons directly employed by Consultant. Nothing contained in these Agreement Documents shall create any contractual relationship between any sub-consultants and the City. · The City reserves the right to approve all sub-consultants. The City’s Approval of any sub-consultant under this Agreement shall not in any way relieve Consultant of its obligations in the Agreement Documents. Manuals/Standards: All construction work shall be performed and in accordance with all the procedures and standards as applicable and described in the construction plans and contract specifications, standard provisions and any local, state and federal requirements, and any other agencies involved. It is the responsibility of the consultant(s) to verify that all the design guidelines and specifications comply with described documents. City Council 20 – 68 5/20/2025 EXHIBIT B COMPENSATION Fee Proposal including hourly rates if applicable City Council 20 – 69 5/20/2025 Cost Proposal for RFP No. 25-011 | 02.03.25 Water Resources Construction Management and Inspection Services Cost Proposal CITY OF SANTA ANA City Council 20 – 70 5/20/2025 1 STANDARD HOURLY RATE SCHEDULE Classification Straight Time Hourly Rate Overtime Hourly Rate (8-12 hours) Overtime Hourly Rate (Over 12 hours) Supervising Project Manager/Principal $350 $350 $350 Senior Project Manager 2 $290 $290 $290 Senior Project Manager 1 $290 $290 $290 Project Manager $265 $265 $265 Senior Resident Engineer $260 $260 $260 Resident Engineer III $235 $235 $235 Resident Engineer II $210 $210 $210 Resident Engineer I $190 $190 $190 Senior Structures Representative $260 $260 $260 Structures Representative III $235 $235 $235 Structures Representative II $210 $210 $210 Structures Representative I $190 $190 $190 Senior Construction Manager $225 $225 $225 Construction Manager II $205 $205 $205 Construction Manager I $185 $185 $185 Scheduler $175 $263 $350 Senior Inspector $230 $345 $460 Inspector III $220 $330 $440 Inspector II $210 $315 $420 Senior Office Engineer $195 $293 $390 Office Engineer 3 $165 $248 $330 Office Engineer 2 $132 $203 $270 Office Engineer 1 $100 $150 $200 Labor Compliance $135 $203 $270 Administrative Support $115 $173 $230 Construction Management ServicesCity of Santa Ana, Water Resources - Construction Management and Inspection Services2025 - 2027 Rates Psomas | Water Resources Construction Management & Inspection Services Cost Proposal – City of Santa Ana City Council 20 – 71 5/20/2025 2 Classification and Rate Schedule Classification 2025 Hourly Rates (ST & OT) 2026 Hourly Rates (ST & OT) 2027 Hourly Rates (ST & OT) Senior Construction Manager $250.00 $258.75 $267.81 Construction Manager $200.00 $207.00 $214.25 Associate Construction Manager $162.50 $168.19 $174.07 Field Engineer $162.50 $168.19 $174.07 Senior Construction Claims Advisor (Cost/Schedule) $250.00 $258.75 $267.81 Senior Construction Scheduler $212.50 $219.94 $227.64 Construction Scheduler $187.50 $194.06 $200.85 Associate Construction Scheduler $155.00 $160.43 $166.04 Senior Cost Estimator $220.00 $227.70 $235.67 Cost Estimator $195.00 $201.83 $208.89 Estimator - Take off Specialist $150.00 $155.25 $160.68 Resources Classification Aaron Trimm, PE., CCM Senior Construction Manager Alex Garibay Construction Manager Issa Batarseh Construction Manager Alecia Espinoza, CCM Associate Construction Manager / Field Engineer Tom Huntington, PMP Senior Construction Claims Advisor (Cost/Schedule) Chase Wirtz Senior Construction Scheduler Autumn Hall Construction Scheduler Trevor Kroesch Senior Cost Estimator Kevin Holmes Cost Estimator Raul Salazar, EIT Cost Estimator Kevin Holmes Cost Estimator The rate schedule above presents Capo Projects Group rates for professional services to be provided during the Construction Management and Inspection Services contract RFP No. 25-011 with the City of Santa Ana. Psomas | Water Resources Construction Management & Inspection Services Cost Proposal – City of Santa Ana City Council 20 – 72 5/20/2025 3 Rates: Hourly billing rates are all-inclusive including overhead, profit, and expenses. Rates shall be held constant through December 31, 2025. On-Call Engineering Services rates subject to annual increase of 3.5% starting January 1, 2026. We acknowledge that no additional compensation will be received beyond price negotiated for each task (task order) to be performed unless changes are approved in advance by a change order signed by the City of Santa Ana. Psomas | Water Resources Construction Management & Inspection Services Cost Proposal – City of Santa Ana City Council 20 – 73 5/20/2025 4 CCaassaammaarr GGrroouupp,, LLLLCC Project, Resource & Compliance Management 23335 Alamos Lane, CA 91321 Phone: (661) 254-2373 - Fax: (661) 253-0549 – www.casamargroup.com Casamar Group Standard Rates Position / Job Title Billable Billable Billable 2023* 2024 2025 Project Principal, Engineer P.E. $197.74 $205.65 $213.87 Sr. Labor/PLA Compliance Officer $177.38 $184.47 $191.85 SWPPP QSP Engineer/Construction Manager $156.21 $162.46 $168.95 Senior Compliance Data Analytics, Doc. Control & Outreach Analyst $113.85 $118.41 $123.14 Compliance & Outreach Analyst $91.88 $95.56 $99.38 Administration Support $70.95 $73.79 $76.74 * 4% rate escalation starting 2023 10% Mark up on Reimbursables (ODC's) Mileage at $0.655 (or current Caltrans rate) 10/6/2023 Joe Garcia, P.E Principal Psomas | Water Resources Construction Management & Inspection Services Cost Proposal – City of Santa Ana City Council 20 – 74 5/20/2025 5 Delivering Worldwide Inspection Solutions 12842 Valley View, Suite 108 Garden Grove CA. 92845 714.903.3990 1/29/25 Reference: Fee Schedule City of Santa Ana-RFP No. 25-011 Water Resources Construction Management and Inspection Services In response to your request, we have assembled the following information concerning the provision of Quality Assurance Services associated with the above referenced project for your review. As we discussed, On-Site Technical Services Inc. provides highly trained professionals strategically positioned throughout the United States. This allows us to staff most inspections with minimal travel expenses by using local inspectors. ON-SITE can support the following scope: − Construction Observation/Inspection Services − Testing and Start up Services It is our understanding that our scope of work will be to provide Quality Assurance Services associated with construction inspection support for this project. Domestic Assignments: The RFP has identified that the inspection activities at City project sites and offsite locations will fall under prevailing wage requirements. We have based our estimate on the current Prevailing Wage rates, taken from California State, Director of Industrial Relations web site for prevailing wage determinations. The classification that most closely relates to our duties is “Building Construction Inspector” for Commercial Building, Highway, Heavy Construction, and Dredging projects, Determination SC-23-2-2006-D1. Domestic Inspection assignments: We have based our fee proposal with the understanding that Prevailing wage will be applicable to the services provided at jobsite and off-site locations. The following table reflects our fees: Classification (prevailing wage) ST rate OT Rate DT Rate Mileage Travel Time Billable Construction inspector /welding mechanical/NACE $170.00 $195.00 $230.00 IRS Yes Start Up & Commissioning Engineer $215.00 N/A N/A IRS Yes Vehicle Costs If an assignment at a job site requires a vehicle to travel from the job site trailer / office and the construction site the cost will be $1200 per month including gas and insurance. Psomas | Water Resources Construction Management & Inspection Services Cost Proposal – City of Santa Ana City Council 20 – 75 5/20/2025 6 Delivering Worldwide Inspection Solutions 12842 Valley View, Suite 108 Garden Grove CA. 92845 714.903.3990 Note: 1. These fees detailed above apply to work in the continental United States only. The following services are considered billable: specification and submittal review, job preparation, travel and reporting time. Assignments for overseas work will be quoted on a case-by-case basis. 2. For construction inspection assignments, the above fees do not include required office supplies, cell phones and computers for construction site assignments. It is assumed that the inspector will have access to a computer at the project site and any related office supplies be provided by the project team. 3. The above prevailing wage fees are subject to annual increases in compliance with the increases required by the California State Director of Industrial Relations. Non-Prevailing wage fees are subject to a 4% annual increase. International inspection rates are subject to annual increases of 5%. 4. The above fabrication engineer is understood to cover the following services: supporting our customers, solving manufacturing problems, preinspection meetings, technical related research and meetings, and other client required visits to the manufacturer. 5. Premium rates are in effect for services in excess of 8 hours in any one day, including travel and reporting time, and for all time incurred on Saturdays, Sundays and ON-SITE Holidays. Double time will be in effect for all hours in excess of 12 hours on any weekday and in excess of 8 hours on any Sunday. 6. Per Diem and travel related costs (time and expenses) Outside of Southern California have not been included in our fee structure and are considered billable. When inspection assignments are identified, we will do our best to staff the required location with a locally based inspector. Once the closest qualified inspector has been identified, their resume will be submitted to the project team for approval. Once the inspector has been approved the Travel Time, and expenses will be estimated. Per Diem costs (if required) will be based on reasonable living expenses for the region the fabricator is located. The actual mileage will be charged at the current IRS rate of $ 0.67 per mile. 7. Out-of-pocket expenses are charged at cost. Office costs including postage, phone, courier services, and copies will be charges at cost. Copies, faxes and digital photos will be charges at ON-SITE’s prevailing rates. Travel related expenses are billed at cost. Psomas | Water Resources Construction Management & Inspection Services Cost Proposal – City of Santa Ana City Council 20 – 76 5/20/2025 5 Hutton Centre Drive Suite 300 Santa Ana, CA 92707 714.751.7373 www.Psomas.com City Council 20 – 77 5/20/2025 Page 1 of 9 AGREEMENT WITH WILLDAN ENGINEERING TO PROVIDE ON-CALL WATER RESOURCES CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES THIS AGREEMENT is made and entered into on this 20th day of May, 2025 by and between Willdan Engineering, a California corporation (“Consultant”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”). RECITALS A.On January 14, 2025, the City issued Request for Proposal (“RFP”) No. 25-011, by which it sought Consultants to provide on-call water resources construction management and inspection services on behalf of the City of Santa Ana’s Public Works Agency. B.Consultant submitted a responsive proposal that was among those selected by the City. Consultant represents that it is able and willing to provide the services described in the scope of work that was included in RFP No. 25-011, which is attached hereto as Exhibit A.Consultant’s responsive proposal to RFP No. 25-011 shall be incorporated herein by reference as though fully attached to this Agreement. C.Consultant was selected as one of six (6) vendors which qualified for this engagement. Only those consultants approved by the City Council on May 20, 2025 shall be eligible to be engaged by the City for these services. D.In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1.SCOPE OF SERVICES On an on-call basis, and the City’s sole discretion, Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Services - Exhibit A, attached hereto and incorporated herein. 2.COMPENSATION a.City neither warrants nor guarantees any minimum or maximum compensation to Consultant. Consultant shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit B, attached hereto and incorporated herein. Consultant is one of six (6) consultants selected under RFP 25- 011.The total compensation for these services provided by all such consultants selected under RFP 25-011 shall not exceed the shared aggregate amount of One Million Five EXHIBIT 5 City Council 20 – 78 5/20/2025 Page 2 of 9 Hundred Thousand Dollars ($1,500,000.00) 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 Consultant agree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH) transfers. Consultant agrees to execute the City’s standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Consultant’s account(s) with financial institutions. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above for a three (3) year term with the option for the City to grant up to two (2), one (1) year renewals, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents & Data”). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within City Council 20 – 79 5/20/2025 Page 3 of 9 the purposes intended by this Agreement shall be at City’s sole risk. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall 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 Consultant. Minimum Scope and Limit of insurance. • Commercial General Liability (CGL): Insurance Services Office Form CG 00 01covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence and $4,000,000 aggregate. Required policy limits can be met with primary and umbrella/excess insurance policies. • Automobile Liability: Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with limits no less than $1,000,000 combined single limits. In the event Consultant does not maintain commercial automobile liability insurance, City will accept evidence of personal automobile insurance. • 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. Coverage is not required if Consultant has no employees and signs request to waive such insurance. • Professional Liability Insurance: with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 aggregate. • If Consultant maintains broader coverage and/or higher limits than the minimum requirements for each line of coverage shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City. Other Insurance Provisions. The above required insurance policies are to contain or be endorsed to contain the following provisions: • City, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds, under Consultant’s CGL, Professional Liability, and Automobile Liability policies, with respect to any liability arising out of work or operations performed by or on behalf of the Instructor including materials, parts, equipment, and personnel furnished in connection with such work or operations. • Consultant’s Insurance company(ies) agrees to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from work performed by Consultant under this Agreement. • For any claims related to this contract, Consultant’s insurance coverage shall be primary and any insurance maintained by City, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it. City Council 20 – 80 5/20/2025 Page 4 of 9 •A severability of interest provision must apply for all the additional insureds, ensuring that Consultant’s insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer’s limits of liability. •Insurance policies required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non-renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City. Ten (10) days prior written notice shall be provided to City for policy cancellation or non-renewal due to non-payment of premium. •Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: Public Works Agency, 20 Civic Center Plaza (M-21), 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 Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. Acceptability of Insurers. Insurance is to be placed with insurers authorized to conduct business in the State of California with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to City. Verification of Coverage. Consultant shall furnish City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive Consultant’s obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Special Risks or Circumstances City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 7.INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial City Council 20 – 81 5/20/2025 Page 5 of 9 or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including cost s, for infringement of any United States’ letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 9. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 10. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect it s own information of like importance, but in no event less than reasonable care. “Confidential Information” shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) City Council 20 – 82 5/20/2025 Page 6 of 9 is independently developed by the Consultant without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have i nterests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 12. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, o r disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City’s ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Consultants retained by City. 15. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of City Council 20 – 83 5/20/2025 Page 7 of 9 termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 18. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 19. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: City Clerk City of Santa Ana 20 Civic Center Plaza (M-30) City Council 20 – 84 5/20/2025 Page 8 of 9 P.O. Box 1988 Santa Ana, California 92702-1988 With courtesy copies to: Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, California 92702 To Consultant: A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney’s fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. [signatures appear on following page] Willdan Engineering Attn: Chris Baca, RCI 2401 East Katella Ave., Suite 300 Anaheim, California 92806 Fax: 714-940-4920 City Council 20 – 85 5/20/2025 Page 9 of 9 SIGNATURE PAGE TO AGREEMENT WITH WILLDAN ENGINEERING TO PROVIDE ON-CALL WATER RESOURCES CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES 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: CONSULTANT SONIA R. CARVALHO City Attorney By: Jonathan T. Martinez Assistant City Attorney (title) Tax ID# RECOMMENDED FOR APPROVAL: Nabil Saba, P.E. Executive Director Public Works Agency By: Title: Nabil Saba Digitally signed by Nabil Saba Date: 2025.05.07 09:21:52 -07'00' City Council 20 – 86 5/20/2025 EXHIBIT A SCOPE OF SERVICES City Council 20 – 87 5/20/2025 CITY OF SANTA ANA CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES RFP NO. 25-011 Introduction/Background The City of Santa Ana intends to retain qualified professional consultant(s) on an as-needed or “on- call” basis to provide construction management and inspection services. A Professional Services Agreement will be entered into with several of the qualified consultant(s) to provide professional construction management services for a variety of capital improvement projects in the City. These services will be for a variety of Capital Improvement Projects (CIP) and Rehabilitation & Replacement (R&R) projects to meet the City’s project schedule. A more detailed scope of services is listed in the section below. The City of Santa Ana plans, designs and manages all aspects of Capital Improvement Projects (CIP) and (R&R) delivery services. Some of the design work is accomplished thru engineering consulting services as part of on-call engineering services. Now, the City would like to incorporate qualified and capable consultants to assist in construction management and inspection services. All interested parties are required to submit proposals in accordance with the conditions and dates outlined on this request for proposal. Scope of Services The selected consultant(s) are expected to provide professional construction management and inspection services for capital improvement projects and not limited to: ·Project coordination, management, inspection and oversight ·Project constructability review and assistance during design phase ·Value Engineering ·Consideration of life cycle costs ·Bidding process review assistance and oversight ·Public engagement and community meetings as necessary ·Coordination with local agencies, utility companies and members of the public ·Project budgeting, scheduling, cost accounting and reporting (with input from others as required) ·Prepare monthly reporting for project construction status ·Propose, develop and implement project quality assurance and quality control programs (QA/QC) ·Prepare, review and process contractor’s requests, payment and invoicing ·Review, evaluate and recommend budget cost analysis ·Review, and recommend shop drawings for approval ·Review approval of any specifications and permit requirements EXHIBIT A SCOPE OF SERVICES City Council 20 – 88 5/20/2025 CITY OF SANTA ANA · Provide field conflict resolutions · Monitor, guide and advise the City for compliance with state, local and federal funding requirements. Prepare paperwork and compliance reports · Schedule, prepare agendas, conduct progress meetings, and minutes · Provide and prepare assistance with claim disputes, change order requests and associated construction project litigation · Maintain project files, records, and contact information related thereto. Use of PROCORE software is a requirement · Project closeout, including: post-construction debriefing meetings; contractor evaluations, file purging and archiving · Construction Inspection Services management and oversight · Project commissioning and or owner training · Any other items required for successful project execution The Construction manager is responsible for monitoring all the contractor(s) operations and compliance thereof including and not limited to their staff, and/or sub-consultants. The selected consultant(s) must have the expertise, experience, and demonstrated resources available to perform the work described in this RFP. Project Management, Equipment/Supplies: The consultant(s) services shall be in accordance with the provisions, guidelines and specifications detailed here in and not limited to professional standards established by the City, and or federal, state and local guidelines. The consultant(s) shall have project management control procedures in effect during the entire time work is being performed under the Agreement. This task shall include the following: · Project Management Plan- the consultant shall provide a detail management plan including information and coordination to ensure compliance and completion of the job order tasks · Quality Control/Quality Assurance (QA/QC) Plan · Project Schedule/Invoicing · Project Correspondence In case of conflict, ambiguities, discrepancies, errors, or omissions, the consultant(s) shall submit the matter to the City for clarification. City Responsibilities: The City will provide information in its possession relevant to the preparation of the required information in the RFP. The City will provide only the staff assistance and the documentation specifically in referred to herein. · Furnish scope of work and provide general direction as needed for the assigned project · All plan check coordination within the City Agencies · Provide as-built records and project information City Council 20 – 89 5/20/2025 CITY OF SANTA ANA · Advertise, award, and administer of contract · Electronic files (sample plans & specifications, City of Santa Ana’s CADD Standards) if needed · Resolve all construction claims Fee Proposal: In addition to Section V.G.2 (Submittal Requirements: Cost Proposal) fee schedule shall be structured as follows: The fee proposal shall include the firm’s standard hourly fee schedule, and/or project fee schedule where applicable and as outlined in this this documents. A list of all positions and hourly rates required to perform the services described herein. A more detailed scope of work will be provided when/if a specific project or Task Order proposal is requested from the consultant(s). Other Terms and Conditions: 1. The project will be implemented in compliance with the City of Santa Ana’s policies, as well as Prevailing Wages and State/Federal Requirements. (If applicable) Consultants are advised to consider whether services to be performed include classifications subject to state or federal prevailing wage requirements. Prevailing wages will apply if the services to be performed will involve land surveying (such as flag persons, survey party chief, rodman or chainman), materials sampling and testing (such as drilling rig operators, pile driving, crane operators), inspection work, soils or foundation investigations, environmental hazardous materials and so forth. California State prevailing wage information is available through the California Department of Industrial Relations website at http://www.dir.ca.gov.dlsr/statistics_research.html. Labor categories subject to prevailing wage requirements, when employed for any work on this project, are wholly the responsibility of the firm or individual named in any Professional Services Agreement approved by the City. City will not assume any responsibility for Consultant’s failure to pay prevailing wages in accordance with State law. 2. The City reserves the right to amend this Request for Proposal by addendum prior to the final dates of submission. 3. All reports, proposals, or other data or materials which are submitted shall become the sole property of the City of Santa Ana with the exception of the confidential Financial Capacity information and fee proposals. 4. All products used or developed in the execution of any contract resulting from this request will remain in the public domain at the completion of this project. 5. The City has an affirmative action program. The purpose of the affirmative action program is to encourage certified minority business enterprises and women business enterprises. All submitting firms must have established affirmative action programs approvable by the City. City Council 20 – 90 5/20/2025 CITY OF SANTA ANA During the RFP stage, all firms will need to complete a “Certification of Non-Discrimination” for each firm on their team. 6. Independent Consultant(s). In accepting this contract, Consultant covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services hereunder. Consultant further covenants that, in the performance of this contract, no sub-consultant or person having such an interest shall be employed. Consultant certifies that to the best of his knowledge, no one who has or will have any financial interest under this contract is an officer or employee of City. It is expressly agreed by Consultant that in the performance of the services required under this contract, Consultant, and any of its sub-consultants or employees, shall at times be considered independent consultants and not agents of City. Sub-consultants: The Consultant(s) shall be able to assist the City throughout this contract to provide the necessary services described herein. The consultant(s) shall utilize in-house and/or sub-consultant(s) to complete the assignments. For specialized work for which the prime consultant will require a sub- consultant, the prime will serve as the administrative liaison between the City and the sub- consultant. The prime consultant mark-up for sub-consultant work shall not exceed 10%. · Consultant agrees to bind every sub-consultants to the terms of the Agreement Documents as far as such terms are applicable to sub-consultant’s portion of the work. Consultant shall be as fully responsible to the City for the acts and omissions of its sub- consultants and of persons either directly or indirectly employed by its sub-consultants, as Consultant is for acts and omissions of persons directly employed by Consultant. Nothing contained in these Agreement Documents shall create any contractual relationship between any sub-consultants and the City. · The City reserves the right to approve all sub-consultants. The City’s Approval of any sub-consultant under this Agreement shall not in any way relieve Consultant of its obligations in the Agreement Documents. Manuals/Standards: All construction work shall be performed and in accordance with all the procedures and standards as applicable and described in the construction plans and contract specifications, standard provisions and any local, state and federal requirements, and any other agencies involved. It is the responsibility of the consultant(s) to verify that all the design guidelines and specifications comply with described documents. City Council 20 – 91 5/20/2025 EXHIBIT B COMPENSATION Fee Proposal including hourly rates if applicable City Council 20 – 92 5/20/2025 WILLDAN ENGINEERING Schedule of Hourly Rates Effective July 1, 2024 to June 30, 2025 ** For Non-Prevailing Wage Project *** For Prevailing Wage Project Mileage/Field Vehicle usage will be charged at the rate in accordance with the current FTR mileage reimbursement rate, subject to negotiation. Additional billing classifications may be added to the above listing during the year as new positions are created. Consultation in connection with litigation and court appearances will be quoted separately. The above schedule is for straight time. Overtime will be charged at 1.5 times, and Sundays and holidays, 2.0 times the standard rates. Blueprinting, reproduction, messenger services, and printing will be invoiced at cost plus fifteen percent (15%). A sub consultant management fee of fifteen percent (15%) will be added to the direct cost of all sub consultant services to provide for the cost of administration, consultation, and coordination. Valid July 1, 2024 thru June 30, 2025, thereafter, the rates may be raised once per year to the value between the 12-month % change of the Consumer Price Index for the Los Angeles/Orange County/Sacramento/San Francisco/San Jose area and five percent. For prevailing wage classifications, the increase will be per the prevailing wage increase set by the California Department of Industrial Relations. Rev V01 05.22.2024 DESIGN ENGINEERING Technical Aide I $81 Technical Aide II $103 Technical Aide III $120 CAD Operator I $128 CAD Operator II $148 CAD Operator III $165 GIS Analyst I $168 GIS Analyst II $184 GIS Analyst III $191 Environmental Analyst I $144 Environmental Analyst II $161 Environmental Analyst III $171 Environmental Specialist $185 Designer I $173 Designer II $179 Senior Designer I $188 Senior Designer II $197 Design Manager $196 Senior Design Manager $206 Project Manager I $186 Project Manager II $207 Project Manager III $217 Project Manager IV $234 Principal Project Manager $238 Program Manager I $197 Program Manager II $209 Program Manager III $228 Assistant Engineer I $141 Assistant Engineer II $157 Assistant Engineer III $166 Assistant Engineer IV $175 Associate Engineer I $184 Associate Engineer II $192 Associate Engineer III $196 Senior Engineer I $199 Senior Engineer II $204 Senior Engineer III $207 Senior Engineer IV $211 Supervising Engineer $219 Traffic Engineer I $219 Traffic Engineer II $234 City Engineer I $234 City Engineer II $238 Deputy Director $243 Director $249 Principal Engineer $270 BUILDING AND SAFETY Code Enforcement Technician $106 Code Enforcement Officer $121 Senior Code Enforcement Officer $143 Supervisor Code Enforcement $173 Fire Plans Examiner $173 Senior Fire Plans Examiner $189 Fire Inspector $159 Senior Fire Inspector $173 Fire Marshal $204 Plans Examiner Aide $114 Plans Examiner $173 Senior Plans Examiner $189 Assistant Construction Permit Specialist $121 Construction Permit Specialist $128 Senior Construction Permit Specialist $150 Supervising Construction Permit Specialist $159 Assistant Building Inspector $143 Building Inspector $159 Senior Building Inspector $173 Supervising Building Inspector $189 Inspector of Record $202 Deputy Building Official $205 Building Official $210 Plan Check Engineer $205 Supervising Plan Check Engineer $215 Principal Project Manager $238 Deputy Director $243 Director $249 PLANNING CDBG Technician $86 CDBG Specialists $103 CDBG Analyst $122 CDBG Coordinator $152 CDBG Manager $183 Housing Program Coordinator $151 Planning Technician $130 Assistant Planner $162 Associate Planner $176 Senior Planner $200 Principal Planner $208 Planning Manager $221 Deputy Director $243 Director $249 CONSTRUCTION MANAGEMENT Labor Compliance Specialist $146 Labor Compliance Manager $183 Utility Coordinator $167 Office Engineer I $147 Office Engineer II $167 Assistant Construction Manager $160 Construction Manager $185 Senior Construction Manager $201 Resident Engineer I $208 Resident Engineer II $216 Project Manager IV $234 Deputy Director $243 Director $249 INSPECTION SERVICES Public Works Observer ** $131 Public Works Observer *** $159 Senior Public Works Observer** $143 Senior Public Works Observer *** $159 MAPPING AND EXPERT SERVICES Survey Analyst I $147 Survey Analyst II $169 Senior Survey Analyst $187 Supervisor - Survey & Mapping $203 Principal Project Manager $238 LANDSCAPE ARCHITECTURE Assistant Landscape Architect $153 Associate Landscape Architect $176 Senior Landscape Architect $193 Principal Landscape Architect $204 Principal Project Manager $238 ADMINISTRATIVE Administrative Assistant I $99 Administrative Assistant II $120 Administrative Assistant III $140 Project Accountant I $112 Project Accountant II $132 Project Controller I $140 Project Controller II $158 City Council 20 – 93 5/20/2025 Page 1 of 9 AGREEMENT WITH EEC ENVIRONMENTAL TO PROVIDE ON-CALL WATER RESOURCES CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES THIS AGREEMENT is made and entered into on this 20th day of May, 2025 by and between EEC Environmental, a California corporation (“Consultant”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”). RECITALS A. On January 14, 2025, the City issued Request for Proposal (“RFP”) No. 25-011, by which it sought Consultants to provide on-call water resources construction management and inspection services on behalf of the City of Santa Ana’s Public Works Agency. B. Consultant submitted a responsive proposal that was among those selected by the City. Consultant represents that it is able and willing to provide the services described in the scope of work that was included in RFP No. 25-011, which is attached hereto as Exhibit A. Consultant’s responsive proposal to RFP No. 25-011 shall be incorporated herein by reference as though fully attached to this Agreement. C. Consultant was selected as one of six (6) vendors which qualified for this engagement. Only those consultants approved by the City Council on May 20, 2025 shall be eligible to be engaged by the City for these services. D. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES On an on-call basis, and the City’s sole discretion, Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Services - Exhibit A, attached hereto and incorporated herein. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant. Consultant shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit B, attached hereto and incorporated herein. Consultant is one of six (6) consultants selected under RFP 25- 011. The total compensation for these services provided by all such consultants selected under RFP 25-011 shall not exceed the shared aggregate amount of One Million Five City Council 20 – 94 5/20/2025 Page 2 of 9 Hundred Thousand Dollars ($1,500,000.00) 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 Consultant agree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH) transfers. Consultant agrees to execute the City’s standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Consultant’s account(s) with financial institutions. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above for a three (3) year term with the option for the City to grant up to two (2), one (1) year renewals, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents & Data”). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within City Council 20 – 95 5/20/2025 Page 3 of 9 the purposes intended by this Agreement shall be at City’s sole risk. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall 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 Consultant. Minimum Scope and Limit of insurance. • Commercial General Liability (CGL): Insurance Services Office Form CG 00 01covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence and $4,000,000 aggregate. Required policy limits can be met with primary and umbrella/excess insurance policies. • Automobile Liability: Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with limits no less than $1,000,000 combined single limits. In the event Consultant does not maintain commercial automobile liability insurance, City will accept evidence of personal automobile insurance. • 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. Coverage is not required if Consultant has no employees and signs request to waive such insurance. • Professional Liability Insurance: with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 aggregate. • If Consultant maintains broader coverage and/or higher limits than the minimum requirements for each line of coverage shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City. Other Insurance Provisions. The above required insurance policies are to contain or be endorsed to contain the following provisions: • City, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds, under Consultant’s CGL, Professional Liability, and Automobile Liability policies, with respect to any liability arising out of work or operations performed by or on behalf of the Instructor including materials, parts, equipment, and personnel furnished in connection with such work or operations. • Consultant’s Insurance company(ies) agrees to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from work performed by Consultant under this Agreement. • For any claims related to this contract, Consultant’s insurance coverage shall be primary and any insurance maintained by City, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it. City Council 20 – 96 5/20/2025 Page 4 of 9 • A severability of interest provision must apply for all the additional insureds, ensuring that Consultant’s insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer’s limits of liability. • Insurance policies required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non-renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City. Ten (10) days prior written notice shall be provided to City for policy cancellation or non-renewal due to non-payment of premium. • Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: Public Works Agency, 20 Civic Center Plaza (M-21), 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 Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. Acceptability of Insurers. Insurance is to be placed with insurers authorized to conduct business in the State of California with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to City. Verification of Coverage. Consultant shall furnish City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive Consultant’s obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Special Risks or Circumstances City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 7. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial City Council 20 – 97 5/20/2025 Page 5 of 9 or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including cost s, for infringement of any United States’ letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 9. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 10. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect it s own information of like importance, but in no event less than reasonable care. “Confidential Information” shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) City Council 20 – 98 5/20/2025 Page 6 of 9 is independently developed by the Consultant without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have i nterests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 12. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, o r disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City’s ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Consultants retained by City. 15. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of City Council 20 – 99 5/20/2025 Page 7 of 9 termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 18. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 19. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: City Clerk City of Santa Ana 20 Civic Center Plaza (M-30) City Council 20 – 100 5/20/2025 Page 8 of 9 P.O. Box 1988 Santa Ana, California 92702-1988 With courtesy copies to: Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, California 92702 To Consultant: A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney’s fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. [signatures appear on following page] EEC Environmental Attn: Jim Kolk, Principal 1 City Blvd. West, Suite 1800 Orange, California 92868 Fax: (714) 667-2310 City Council 20 – 101 5/20/2025 Nabil Saba Digitally signed by Nabil Saba Date: 2025.05.05 16:49:25 -07'00' City Council 20 – 102 5/20/2025 EXHIBIT A SCOPE OF SERVICES City Council 20 – 103 5/20/2025 CITY OF SANTA ANA CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES RFP NO. 25-011 Introduction/Background The City of Santa Ana intends to retain qualified professional consultant(s) on an as-needed or “on- call” basis to provide construction management and inspection services. A Professional Services Agreement will be entered into with several of the qualified consultant(s) to provide professional construction management services for a variety of capital improvement projects in the City. These services will be for a variety of Capital Improvement Projects (CIP) and Rehabilitation & Replacement (R&R) projects to meet the City’s project schedule. A more detailed scope of services is listed in the section below. The City of Santa Ana plans, designs and manages all aspects of Capital Improvement Projects (CIP) and (R&R) delivery services. Some of the design work is accomplished thru engineering consulting services as part of on-call engineering services. Now, the City would like to incorporate qualified and capable consultants to assist in construction management and inspection services. All interested parties are required to submit proposals in accordance with the conditions and dates outlined on this request for proposal. Scope of Services The selected consultant(s) are expected to provide professional construction management and inspection services for capital improvement projects and not limited to: ·Project coordination, management, inspection and oversight ·Project constructability review and assistance during design phase ·Value Engineering ·Consideration of life cycle costs ·Bidding process review assistance and oversight ·Public engagement and community meetings as necessary ·Coordination with local agencies, utility companies and members of the public ·Project budgeting, scheduling, cost accounting and reporting (with input from others as required) ·Prepare monthly reporting for project construction status ·Propose, develop and implement project quality assurance and quality control programs (QA/QC) ·Prepare, review and process contractor’s requests, payment and invoicing ·Review, evaluate and recommend budget cost analysis ·Review, and recommend shop drawings for approval ·Review approval of any specifications and permit requirements EXHIBIT A SCOPE OF SERVICES City Council 20 – 104 5/20/2025 CITY OF SANTA ANA · Provide field conflict resolutions · Monitor, guide and advise the City for compliance with state, local and federal funding requirements. Prepare paperwork and compliance reports · Schedule, prepare agendas, conduct progress meetings, and minutes · Provide and prepare assistance with claim disputes, change order requests and associated construction project litigation · Maintain project files, records, and contact information related thereto. Use of PROCORE software is a requirement · Project closeout, including: post-construction debriefing meetings; contractor evaluations, file purging and archiving · Construction Inspection Services management and oversight · Project commissioning and or owner training · Any other items required for successful project execution The Construction manager is responsible for monitoring all the contractor(s) operations and compliance thereof including and not limited to their staff, and/or sub-consultants. The selected consultant(s) must have the expertise, experience, and demonstrated resources available to perform the work described in this RFP. Project Management, Equipment/Supplies: The consultant(s) services shall be in accordance with the provisions, guidelines and specifications detailed here in and not limited to professional standards established by the City, and or federal, state and local guidelines. The consultant(s) shall have project management control procedures in effect during the entire time work is being performed under the Agreement. This task shall include the following: · Project Management Plan- the consultant shall provide a detail management plan including information and coordination to ensure compliance and completion of the job order tasks · Quality Control/Quality Assurance (QA/QC) Plan · Project Schedule/Invoicing · Project Correspondence In case of conflict, ambiguities, discrepancies, errors, or omissions, the consultant(s) shall submit the matter to the City for clarification. City Responsibilities: The City will provide information in its possession relevant to the preparation of the required information in the RFP. The City will provide only the staff assistance and the documentation specifically in referred to herein. · Furnish scope of work and provide general direction as needed for the assigned project · All plan check coordination within the City Agencies · Provide as-built records and project information City Council 20 – 105 5/20/2025 CITY OF SANTA ANA · Advertise, award, and administer of contract · Electronic files (sample plans & specifications, City of Santa Ana’s CADD Standards) if needed · Resolve all construction claims Fee Proposal: In addition to Section V.G.2 (Submittal Requirements: Cost Proposal) fee schedule shall be structured as follows: The fee proposal shall include the firm’s standard hourly fee schedule, and/or project fee schedule where applicable and as outlined in this this documents. A list of all positions and hourly rates required to perform the services described herein. A more detailed scope of work will be provided when/if a specific project or Task Order proposal is requested from the consultant(s). Other Terms and Conditions: 1. The project will be implemented in compliance with the City of Santa Ana’s policies, as well as Prevailing Wages and State/Federal Requirements. (If applicable) Consultants are advised to consider whether services to be performed include classifications subject to state or federal prevailing wage requirements. Prevailing wages will apply if the services to be performed will involve land surveying (such as flag persons, survey party chief, rodman or chainman), materials sampling and testing (such as drilling rig operators, pile driving, crane operators), inspection work, soils or foundation investigations, environmental hazardous materials and so forth. California State prevailing wage information is available through the California Department of Industrial Relations website at http://www.dir.ca.gov.dlsr/statistics_research.html. Labor categories subject to prevailing wage requirements, when employed for any work on this project, are wholly the responsibility of the firm or individual named in any Professional Services Agreement approved by the City. City will not assume any responsibility for Consultant’s failure to pay prevailing wages in accordance with State law. 2. The City reserves the right to amend this Request for Proposal by addendum prior to the final dates of submission. 3. All reports, proposals, or other data or materials which are submitted shall become the sole property of the City of Santa Ana with the exception of the confidential Financial Capacity information and fee proposals. 4. All products used or developed in the execution of any contract resulting from this request will remain in the public domain at the completion of this project. 5. The City has an affirmative action program. The purpose of the affirmative action program is to encourage certified minority business enterprises and women business enterprises. All submitting firms must have established affirmative action programs approvable by the City. City Council 20 – 106 5/20/2025 CITY OF SANTA ANA During the RFP stage, all firms will need to complete a “Certification of Non-Discrimination” for each firm on their team. 6. Independent Consultant(s). In accepting this contract, Consultant covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services hereunder. Consultant further covenants that, in the performance of this contract, no sub-consultant or person having such an interest shall be employed. Consultant certifies that to the best of his knowledge, no one who has or will have any financial interest under this contract is an officer or employee of City. It is expressly agreed by Consultant that in the performance of the services required under this contract, Consultant, and any of its sub-consultants or employees, shall at times be considered independent consultants and not agents of City. Sub-consultants: The Consultant(s) shall be able to assist the City throughout this contract to provide the necessary services described herein. The consultant(s) shall utilize in-house and/or sub-consultant(s) to complete the assignments. For specialized work for which the prime consultant will require a sub- consultant, the prime will serve as the administrative liaison between the City and the sub- consultant. The prime consultant mark-up for sub-consultant work shall not exceed 10%. · Consultant agrees to bind every sub-consultants to the terms of the Agreement Documents as far as such terms are applicable to sub-consultant’s portion of the work. Consultant shall be as fully responsible to the City for the acts and omissions of its sub- consultants and of persons either directly or indirectly employed by its sub-consultants, as Consultant is for acts and omissions of persons directly employed by Consultant. Nothing contained in these Agreement Documents shall create any contractual relationship between any sub-consultants and the City. · The City reserves the right to approve all sub-consultants. The City’s Approval of any sub-consultant under this Agreement shall not in any way relieve Consultant of its obligations in the Agreement Documents. Manuals/Standards: All construction work shall be performed and in accordance with all the procedures and standards as applicable and described in the construction plans and contract specifications, standard provisions and any local, state and federal requirements, and any other agencies involved. It is the responsibility of the consultant(s) to verify that all the design guidelines and specifications comply with described documents. City Council 20 – 107 5/20/2025 EXHIBIT B COMPENSATION Fee Proposal including hourly rates if applicable City Council 20 – 108 5/20/2025 PERSONNEL CHARGES Travel Labor Classification Hourly Rate Jr. Staff Engineer/Geologist/Scientist 165$ Staff Engineer/Geologist/Scientist 200$ Field Equipment Sr Staff Engineer/Geologist/Scientist 220$ Project Engineer/Geologist/Scientist - I 255$ Project Engineer/Geologist/Scientist - II 265$ Sr Project Engineer/Geologist/Scientist - I 290$ Subcontractors and Reimbursables Sr Project Engineer/Geologist/Scientist - II 310$ Principal Engineer/Geologist 340$ Principal 340$ Project Assistant 155$ Technician 160$ Other Project Charges Drafter 175$ Sr Technician 180$ Compliance Inspector 180$ Technician GIS/Technology 155$ Analyst GIS/Technology 175$ Sr Analyst GIS/Technology 190$ Specialist GIS/Technology 200$ Shipping and Postage Sr Specialist GIS/Technology 220$ Supervisor GIS/Technology 240$ Director/GIS Technology 255$ Construction Technician 140$ Interest Charges Construction Field Supervisor 160$ Construction Manager 175$ Sr Construction Manager 215$ Technical Editor 155$ Payment Terms Communication/Administration Fee: A communication/administration fee of 4% will be added to all invoices. This Fee Schedule is valid for the entire initial agreement term. This Fee Schedule may be adjusted for follow-on renewal periods. 2025-2028 Fee Schedule When EEC Staff appear as expert witnesses at court trials, mediation, arbitration hearings and depositions, their time will be charged at 2.0 times the standard rate. All time spent preparing for such trials, hearings, and depositions, will be charged at the standard hourly rate. Vehicles used on project assignments will be charged at $125 per day. Mileage is billed at the current rate established by the Internal Revenue Service plus mark up. Per Diem is billed at a cost of $95 per day (except in high cost markets, which will adhere to GSA rates). Airfare, lodging, rental cars and associated expenses are billed at cost plus 15%. The costs of subcontractors, materials, equipment rental and costs incurred will be charged at cost plus 15%. The cost of additional report reproduction and special project accounting will be billed as appropriate. Plotting plans are charged by size, black and white or color, and by the number of Shipping charges include couriers and the postage necessary will be charged at cost plus 15%. Interest on late payments will be charged at the rate of 1.5% per month. Net 30 days applies to all work performed and invoiced unless superseded by a specific executed contract. An administration fee of 3.5% will be added to any invoice wherepayment is made by credit card. Emergency response will be charged at a rate of 1.5 times the standard hourly rate. The charge for all time required for the performance of the Scope of Work, including office, field and travel time, will be billed at the hourly rate according to the labor classifications set forth below: Field Equipment is billed at standard unit costs. Rate schedules are available upon request. City Council 20 – 109 5/20/2025 Public Works Agency www.santa-ana.org/pw Item # 21 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report May 20, 2025 TOPIC: Agreement Amendment for Interagency Emergency Interconnection Study AGENDA TITLE First Amendment to Interagency Agreement with the Orange County Water District and Moulton Niguel Water District RECOMMENDED ACTION Authorize the City Manager to execute the first amendment to the agreement with Orange County Water District and Moulton Niguel Water District, to extend the term of the agreement to June 30, 2028, and to amend the scope of work to include a final design of the proposed infrastructure based on the preliminary design analysis (Agreement No. A-2025-XXX). GOVERNMENT CODE §84308 APPLIES: No DISCUSSION The Public Works Agency’s (PWA) Water Resources Division oversees and maintains the daily operations of the City’s water distribution system which serves more than 45,000 customer connections. The water system is comprised of approximately 480 miles of water main, 21 groundwater wells, seven pump stations, 10 reservoirs with a storage capacity of 49 million gallons, four pressure regulating stations, and seven connection points to Metropolitan Water District of Southern California (MET) water supplies. The City pumps approximately 85% of its potable water from the Orange County Groundwater Basin, which is managed by Orange County Water District (OCWD), while the remainder of the City’s potable water needs come from imported water sources via seven MET connections located within the City. As a result of the City’s investment in water supply capacity, the City’s 2017 Water Master Plan identified that the City’s water system has adequate capacity to supply the City’s maximum daily demands for existing, near-term, and buildout scenarios using only groundwater wells. City Council 21 – 1 5/20/2025 Agreement Amendment for Emergency Interconnection Study May 20, 2025 Page 2 5 0 1 9 Moulton Niguel Water District (MNWD), which serves more than 170,000 customers in Laguna Niguel, Aliso Viejo, Mission Viejo, Laguna Hills, Dana Point, and San Juan Capistrano, relies solely on imported MET water to meet its customers’ potable water needs. MNWD is not able to draw from the Orange County Groundwater Basin, as the City of Santa Ana does, because the groundwater basin is only accessible to agencies in northern Orange County that fall within its boundaries. Due to MNWD’s sole reliance on imported water, the district is vulnerable to natural disasters or infrastructure failure that cause outages in the MET system. On May 17, 2022, City Council approved an Interagency Agreement (Exhibit 1) with OCWD and MNWD to complete a preliminary design study and environmental analysis to identify the needed environmental mitigations and the necessary infrastructure modifications to Santa Ana’s water facilities and distribution system to enable Santa Ana to convey water from the Orange County Groundwater Basin to the water transmission pipeline that supplies south Orange County water agencies in an emergency. Data and information from the study has been used by MNWD to develop a scope of work for a potential program to convey groundwater to MNWD in the event an emergency renders the MET’s water delivery infrastructure incapable of making deliveries. Through this potential program, MNWD would build resiliency and provide improved emergency preparedness benefits for the City through increased groundwater production, upgraded backup power, and other critical water infrastructure improvements. The potential emergency water supplies for MNWD would only be available when conditions would have no adverse impacts to Santa Ana’s water supply operations. The construction of any facilities recommended as a result of the design, study, and environmental analysis will first require approval by the governing boards of all parties and the development of a subsequent agreement for the construction, operation, and funding of the proposed interconnection. Staff recommends the approval of the recommended action to allow for the preliminary design study and environmental analysis efforts to continue and for final design to begin. There is no cost to the City associated to the study, all costs are borne by MNWD. The City, MNWD, and OCWD reserve the right not to enter into any subsequent agreement after the completion of the study and analysis. (Exhibit 2). ENVIRONMENTAL IMPACT There is no environmental impact associated with the action. FISCAL IMPACT There is no fiscal impact associated with the action. City Council 21 – 2 5/20/2025 Agreement Amendment for Emergency Interconnection Study May 20, 2025 Page 3 5 0 1 9 EXHIBIT(S) 1. Item #30, May 17, 2022 Staff Report 2. Amendment to Interagency Agreement with the Orange County Water District and Moulton Niguel Water District Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Alvaro Nuñez, City Manager City Council 21 – 3 5/20/2025 Public Works Agency www.santa-ana.org/pw Item # 30 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report May 17, 2022 TOPIC: Agreements for Water Interconnection Study AGENDA TITLE Approve an Appropriation Adjustment, Interagency Agreement with the Orange County Water District and Moulton Niguel Water District to Evaluate a Potential Emergency Interconnection, and Approve an Agreement with Stantec Consulting Services, Inc. in an Amount Not to Exceed $200,000 for a Three-year Term to Conduct a Preliminary Design Study and Environmental Analysis for an Emergency Water Distribution Interconnection Non -General Fund) RECOMMENDED ACTION 1. Authorize the City Manager to execute an agreement with Orange County Water District and Moulton Niguel Water District for a three-year term beginning on May 17, 2022 and ending on May 16, 2025 to conduct a preliminary design study and environmental analysis for an emergency water distribution interconnection, subject to non -substantive changes approved by the City Manager and City Attorney. 2. Approve an appropriation adjustment to recognize $200,000 in reimbursement obligation funds from MNWD into the Water, Public Works Water Revenue, Expense Reimbursement revenue account and appropriate the same amount into the Water, Water Admin/Engineering, Contract Services — Professional expenditure account. Requires five affirmative votes) 3. Authorize the City Manager to execute an agreement with Stantec Consulting Services, Inc., for a three-year term beginning on May 17, 2022, and ending on May 16, 2025, to evaluate a water interconnection with Moulton Niguel Water District, in an amount not to exceed $200,000, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION The City's Water Resources Division oversees and maintains the daily operations of the City's water distribution system, which serves more than 45,000 customer connections. The water system is composed of approximately 480 miles of water main, 21 groundwater wells, seven pump stations, 10 reservoirs with a storage capacity of 49 million gallons, City Council 30 — 1 5/17/2022 EXHIBIT 1 City Council 21 – 4 5/20/2025 Agreements for Water Interconnection Study May 17, 2022 Page 2 four pressure regulating stations, and seven connection points to Metropolitan Water District of Southern California (MET) water supplies. The City pumps approximately 75 percent of its potable water from the Orange County Groundwater Basin, which is managed by Orange County Water District (OCWD). While the remainder of the City's potable water needs come from imported water sources via the seven MET connections located within the City. It is important to note that as a result of the City's investment in water supply capacity, the City's 2017 Water Master Plan identified that the City's water system has adequate capacity to supply the City's maximum daily demands for existing, near -term, and buildout scenarios using only groundwater wells. Moulton Niguel Water District (MNWD), which serves more than 170,000 customers in Laguna Niguel, Aliso Viejo, Mission Viejo, Laguna Hills, Dana Point, and San Juan Capistrano, relies solely on imported MET water to meet its customers' potable water needs. MNWD is not able to draw from the Orange County Groundwater Basin, as the City of Santa Ana does, because the groundwater basin is only accessible to agencies in northern Orange County, which fall within its boundaries. Due to MNWD's sole reliance on imported water, the district is more vulnerable to natural disasters or infrastructure failure that cause outages in the MET system. As a result, OCWD and MNWD approached the City to conduct a preliminary design study and environmental analysis (Exhibit 1) to identify the needed environmental mitigations and the necessary infrastructure modifications to Santa Ana's water facilities and distribution system to enable Santa Ana to convey water from the Orange County Groundwater Basin to the water transmission pipeline that supplies south Orange County water agencies. This information will be used by OCWD and MNWD to develop estimated construction costs and scope of work for a potential program to convey groundwater to MNWD in the event an emergency renders the MET's water delivery infrastructure incapable of making deliveries. Stantec Consulting Services, Inc. has been selected to assist in the development and review of the preliminary design study (Exhibit 2) due to their familiarity with the City of Santa Ana's water system. MNWD will fund all work conducted as a result of this agreement on a reimbursement basis. The final design and construction of any facilities recommended as a result of the study and environmental analysis will first require approval by the governing boards of all parties and the development of a subsequent agreement for the construction, operation, and funding of the proposed interconnection. The City, MNWD and OCWD reserve the right not to enter into any subsequent agreement after the completion of the study and analysis. ENVIRONMENTAL IMPACT There is no environmental impact associated with the action. City Council 30 — 2 5/17/2022 City Council 21 – 5 5/20/2025 Agreements for Water Interconnection Study May 17, 2022 Page 3 FISCAL IMPACT As part of the agreement, MNWD agrees to provide all funding required to perform the scope of work and related RFPs identified as part of the agreement, including reasonable City staff time, consultant fees, and legal counsel review of the scope of work deliverables and related RFPs. MNWD will pay the City, on a reimbursement basis, the actual and necessary costs to complete the proposed preliminary design study conducted under the agreement with Stantec. Approval of the requested Appropriation Adjustment will recognize $200,000 in reimbursement obligation funds from MNWD, as outlined in the Interagency Agreement, into the Water, Public Works Water Revenue, Expense Reimbursement revenue account (06017002-57000) and appropriate the same amount into the Water, Water Admin/Engineering, Contract Services — Professional expenditure account (06017645-62300). Project number 22-6475 has been issued to track expenditures for reimbursement purposes. Funds are budgeted and available as shown in the table below. Accounting Unit, Accounting Unit Fund Fiscal Year Account Amount Account # Description Description Contract (3-Year Term) Water 2021-22 06017645-62300 Water Admin/Engineering, 25,000 May -June) 22-6475) Contract Services - Professional Water 2022-23 06017645-62300 Water Admin/Engineering, 130,000 July -June) 22-6475) Contract Services - Professional Water 2023-24 06017645-62300 Water Admin/Engineering, 35,000 July -June) 22-6475) Contract Services - Professional Water 2024-25 06017645-62300 Water Admin/Engineering, 10,000 July -May) 22-6475) Contract Services - Professional TOTAL 200,000 EXHIBIT(S) City Council 30 — 3 5/17/2022 City Council 21 – 6 5/20/2025 Agreements for Water Interconnection Study May 17, 2022 Page 4 1. Interagency Agreement with Orange County Water District and Moulton Niguel Water District 2. Agreement with Stantec Consulting Services, Inc. Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency Approved By: Kristine Ridge, City Manager City Council 30 — 4 5/17/2022 City Council 21 – 7 5/20/2025 City Council 21 – 8 5/20/2025 City Council 21 – 9 5/20/2025 City Council 21 – 10 5/20/2025 Public Works Agency www.santa-ana.org/pw Item # City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report May 20, 2025 TOPIC: Second Amendment to the Waste Disposal Agreement with the County of Orange AGENDA TITLE Second Amendment to the Waste Disposal Agreement with the County of Orange (Non- General Fund) RECOMMENDED ACTION Approve a second amendment to the Waste Disposal Agreement with the County of Orange for an additional one-year term ending June 30, 2026 for continued importation of waste to the County’s three landfills (Agreement No. A-2025-XXX). GOVERNMENT CODE §84308 APPLIES: No DISCUSSION The Public Works Agency’s (PWA) Parks, Fleet, Facilities, and Refuse Division is responsible for the administration and oversight of the refuse collection service in the City. The Refuse Enterprise Section oversees citywide trash and recycling, edible food recovery program, neighborhood cleanup program, and implementation of the City’s waste hauler contract. The disposal of solid waste at the Orange County landfills is governed by a 2009 Waste Disposal Agreement (WDA). In this agreement, the cities within Orange County (County) agreed to deposit their solid waste at the three County landfill facilities in return for low and stable disposal rates. The agreement also set parameters for the importation of waste from outside the County into these landfills. The term of the WDA began on July 1, 2010 and ran through June 30, 2020, with importation of waste from outside the County expiring on June 30, 2016. On February 16, 2016, City Council approved an amendment with the County to extend the terms of the WDA through June 30, 2025. In January 2022, Orange County Waste & Recycling (OCW&R) notified the County cities of its intent to revise the WDA to align with legislative requirements; such as, Senate Bill 1383 which requires local governments to divert organic waste, like food scraps and landscaping waste, away from landfills. OCW&R presented a proposed successor agreement to the WDA, titled the Waste Infrastructure System Enhancement (WISE) agreement at an Orange County City Manager’s summit on November 7, 2024. The WISE agreement proposed increasing the landfill disposal rate from $42.65 to $82 per ton, a 92.3% increase. It also proposed a rebate program for composted organic City Council 22 – 1 5/20/2025 Second Amendment to the Waste Disposal Agreement May 20, 2025 Page 2 5 0 1 7 waste and an allocation of capital expenditures for organics recycling infrastructure at County landfills. The Orange County City Manager Association (OCCMA) formed a committee in December 2024 to negotiate a successor agreement to the WDA and requested an extension of the current WDA to allow time for such negotiations. OCW&R has agreed to the OCCMA committee’s requested extension under the terms of the proposed amendment. However, provisions shall not become effective unless and until the amendment has been executed by all of Orange County cities/sanitary districts. The amendment will provide for a 12-month extension of the current WDA and a 2.6% disposal fee increase to $43.76 per ton, per the escalation formula in the current WDA (Exhibit 1). This disposal fee increase is expected to result in a modest rise in the City’s overall waste management costs. However, the increase remains in line with the terms of the existing agreement and reflects standard annual cost escalation. The impact on the community is minimal, as residential and commercial rates are not anticipated to change as a direct result of this adjustment. The extension period will allow stakeholders to conduct due diligence on a successor agreement to the WDA as well as evaluate costs, infrastructure plans, and future fee adjustments. If the OCCMA committee and OCW&R do not reach mutually agreeable terms by September 30, 2025, monthly updates will be provided to all cities/sanitary districts beginning October 2025. Staff recommends the approval of a Second Amendment to the WDA to allow continued importation of waste to the County’s three landfills and continued negotiations among all cities/sanitary districts in Orange County for an additional year (Exhibit 2). This will ensure stable disposal rates for residents and businesses and preserve existing service levels. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT The estimated importation revenue resulting from this second amendment will be deposited into the following account for the specified year: Fiscal Year Accounting Unit- Account # Fund Description Accounting Unit, Account Description Amount FY 25-26 06917002- 57702 Refuse Collection Service Revenue Collection Revenue, County Waste Importation $490,000 TOTAL $490,000 City Council 22 – 2 5/20/2025 Second Amendment to the Waste Disposal Agreement May 20, 2025 Page 3 5 0 1 7 EXHIBIT(S) 1. Waste Disposal Agreement 2. Second Amendment to Waste Disposal Agreement Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Alvaro Nuñez, City Manager City Council 22 – 3 5/20/2025 A-2009-047 w WASTE DISPOSAL AGREEMENT Between THE COUNTY OF ORANGE, CALIFORNIA and the CITY OF SANTA ANA Dated May 4, 2009 County Authorization Date: March 24, 2009 County Notice Address: Director Integrated Waste Management Department 320 N. Flower Street, Suite 400 Santa Ana, CA 92703 City Authorization Date: May 4, 2009 City Notice Address: Executive Director Public Works Agency 20 Civic Center Plaza M-21 Santa Ana, CA 92701 Execution Copy City Council 22 – 4 5/20/2025 A-2009-047 K '~ i INSURANCE N~~T REQUIRED WORK PriA'Y t'RQCEED CLERK QF C~QUNCIL DATE: ~~1N 1 7 ~ODg WASTE DISPOSAL AGREEMENT Between M~ a ~~ k '~ and the CITY OF SANTA ANA Dated May 4, 2009 County Authorization Date: March 24.2009 County Notice Address: Director Integrated Waste Management Department 320 N. Flower Street, Suite 400 Santa Ana, CA 92703 THE COUNTY OF ORANGE, CALIFORNIA City Authorization Date: May 4, 2009 City Notice Address: Executive Director Public Works Agency 20 Civic Center Plaza M-21 Santa Ana, CA 92701 Execurion Copy City Council 22 – 5 5/20/2025 TABLE OF CONTENTS Paee ARTICLE 1 DEFINITIONS AND INTERPRETATION Section 1.1 Section 1.2 DEFINITIONS ..................................................................................................................................2 1N TERPRE TAT ION ......................................................................................................................... 7 ARTICLE II REPRESENTATIONS AND WARRANTIES Section 2.1 Section 2.2 REPRESENTATIONS AND WARRANTIES OF THE CITY ........................................................8 REPRESENTATIONS AND WARRANTIES OF THE COUNTY .................................................9 ARTICLE Ill DELIVERY AND ACCEPTANCE OF WASTE AND PROVISION OF DISPOSAL SERVICE Section 3.1 DELIVERY OF WASTE ............................................................................9 Section 3.2 PROVISION OF DISPOSAL SERVICES BY THE COUNTY .................11 Section 3.3 COUNTY RIGHT TO REFUSE WASTE ..................................................12 Section 3.4 UNINCORPORATED AREA ACCEPTABLE WASTE ...........................13 Section 3.5 MISCELLANEOUS OPERATIONAL MATTERS ...................................14 Section 3.6 OTHER USERS OF THE DISPOSAL SYSTEM ......................................14 Section 3.7 COUNTY PROVISION OF WASTE DIVERSION SERVICES ...................................................15 ARTICLE IV CONTRACT RATE Section 4.1 CHARGING AND SECURING PAYMENT OF CONTRACT RATE .........................................15 Section 4.2 CONTRACT RATE ........................................................................................................................15 Section 4.3 RESPONSIBILITY FOR PAYMENT OF THE CONTRACT RATE ...........................................21 Section 4.4 BILLING OF THE CONTRACT RATE ........................................................................................21 Section 4.5 RESTRICTED RESERVES ............................................................................................................21 Section 4.6 AUDITED FINANCIAL STATEMENTS ......................................................................................22 Section 4.7 ANNUAL UPDATE OF TEN-YEAR FINANCIAL PROJECTION .............................................22 ARTICLE V BREACH, ENFORCEMENT AND TERMINATION Section 5.1 BREACH ........................................................................................................................................23 Section 5.2 CITY CONVENIENCE TERMINATION .....................................................................................23 Section 5.3 TERMINATION .............................................................................................................................23 Section 5.4 NO WAIVERS ................................................................................................................................24 Section 5.5 FORUM FOR DISPUTE RESOLUTION ......................................................................................24 ARTICLE VI TERM Section 6.1 EFFECTIVE DATE AND TERM ..................................................................................................24 Section 6.2 COMMENCEMENT DATE ...........................................................................................................25 Execution Copy City Council 22 – 6 5/20/2025 ARTICLE VIl GENERAL PROVISIONS Section 7.1 OPERATION AND MAINTENANCE OF THE DISPOSAL SYSTEM .......................................26 Section 7.2 UNCONTROLLABLE CIRCUMSTANCES GENERALLY ........................................................26 Section 7.3 INDEMNIFICATION .....................................................................................................................27 Section 7.4 RELATIONSHIP OF THE PARTIES ............................................................................................27 Section 7.5 LIMITED RECOURSE ..................................................................................................................27 Section 7.6 PRE-EXISTING RIGHTS AND LIABILITIES .............................................................................27 Section 7.7 NO VESTED RIGHTS ...................................................................................................................28 Section 7.8 LIABILITY FOR COLLECTION, TRANSPORTATION AND PROCESSING ..........................28 Section 7.9 NO CONSEQUENTIAL OR PUNITIVE DAMAGES ..................................................................28 Section 7.10 AMENDMENTS ............................................................................................................................28 Section 7.11 NOTICE OF LITIGATION ............................................................................................................28 Section 7.12 FURTHER ASSURANCES ...........................................................................................................28 Section 7.13 ASSIGNMENT OF AGREEMENT ...............................................................................................28 Section 7.14 INTEREST ON OVERDUE OBLIGATIONS ...............................................................................28 Section 7.15 BINDING EFFECT ........................................................................................................................28 Section 7.16 NOTICES ........................................................................................................................................28 APPENDIX 1 ESTIMATED ANNUAL TONNAGE APPENDIX 2 CUMULATIVE TONNAGE TARGETS APPENDIX 3 CUMULATIVE CAPITAL COSTS APPENDIX 4 FORM OF HAULER ACKNOWLEDGEMENT Execution Copy City Council 22 – 7 5/20/2025 WASTE DISPOSAL AGREEMENT THIS WASTE DISPOSAL AGREEMENT is made and dated as of the date indicated on the cover page hereof between the County of Orange, a political subdivision of the State of California (the "County"), and the City designated on the cover page of this Agreement, a general law or charter city and political subdivision of the State of California (the "City"). RECITALS The County owns, manages and operates a sanitary landfill system for the disposal of municipal solid waste generated by the cities and the unincorporated area within the County (the "Disposal System"). The Disposal System includes three active landfills and four regional household hazardous waste collection centers. The Disposal System is used for the disposal of municipal solid waste which is not reused, recycled or otherwise diverted from landfill disposal, pursuant to the California Integrated Waste Management Act of 1989 Division 30 of the California Public Resources Code) (the "Act"). The City, in the exercise of its police power and its powers under the Act, has entered into a franchise or other agreement with or issued permits or licenses to one or more private haulers for the collection and disposal of municipal solid waste generated within the City. A significant portion of municipal solid waste generated within the City historically has been and currently is delivered by such hauler or haulers to the County for disposal in the Disposal System. In 1997, the City and the County entered in a waste disposal agreement (the "Original WDA"), pursuant to which the County agreed to provide disposal capacity for waste generated in the City, and the City agreed to deliver or cause the delivery of waste generated in the City to the Disposal System, as more specifically set forth in, and subject to the terms and conditions of, the Original WDA. The Original WDA, as amended, will expire by its terms on June 30, 2010, unless the City and the County agree to renew the Original WDA. The City and the County desire to enter into this agreement to extend, amend and restate the Original WDA, on the terms and conditions set forth herein. The County and City acknowledge that the Original WDA shall remain in full force and effect until the Commencement Date. The City has determined that the execution of this Agreement by the City will serve the public health, safety and welfare of the City by providing greater disposal rate stability, more predictable and reliable long-term disposal service, and the continuation of sound environmental management. The County has determined that the execution by the County of this Agreement will serve the public health, safety and welfare by providing a more stable, predictable and reliable supply of municipal solid waste and the resulting service payment revenue to the Disposal System, thereby enabling the County to plan, manage, operate and finance improvements to the Disposal System on a more prudent and sound long term, businesslike basis consistent with its obligations to the State and the holders of obligations secured by its Disposal System. Official action approving this Agreement and determining it to be in the public interest and authorizing its execution and delivery was duly taken by the County on the County authorization date indicated on the cover pagehereof. Official action approving this Agreement and determining it to be in the public interest and authorizing its execution and delivery was duly taken by the City on the City authorization date indicated on the cover page hereof. It is, therefore, agreed as follows: Execution Copy City Council 22 – 8 5/20/2025 ARTICLE I DEFINITIONS AND INTERPRETATION SECTION 1.1 DEFINITIONS. As used in this Agreement, the following terms shall have the meanings set forth below. Acceptable Waste" means all garbage, refuse, rubbish and other materials and substances discarded or rejected as being spent, useless, worthless or in excess to the owners at the time of such discard or rejection and which are normally disposed of by or collected from residential (single family and multi-family), commercial, industrial, governmental and institutional establishments and which are acceptable at Class III landfills under Applicable Law. Act" means the California Integrated Waste Management Act of 1989 (Division 30 of the California Public Resources Code), as amended, supplemented, superseded and replaced from time to time. Agreement" means this Waste Disposal Agreement between the County and the City as the same may be amended or modified from time to time in accordance herewith. Appendix" means an appendix to this Agreement, as the same may be amended or modified from time to time in accordance with the terms hereof Applicable Law" means the Act, the Orange County Code, CERCLA, RCRA, CEQA, any Legal Entitlement and any federal or state rule, regulation, requirement, guideline, permit, action, determination or order of any Governmental Body having jurisdiction, applicable from time to time to the siting, design, permitting, acquisition, construction, equipping, financing, ownership, possession, operation or maintenance of the Disposal System, the transfer, handling, transportation and disposal of Acceptable Waste, Unacceptable Waste, or any other transaction or matter contemplated hereby (including any of the foregoing which concern health, safety, fire, environmental protection, mitigation monitoring plans and building codes). Board" means the California Integrated Waste Management Board. Capital Costs" means all costs of the Disposal System that are classified as capital costs for purposes of the budget of the Department in accordance with procedures established by the County of Orange Auditor- Controller in compliance with the California State Controller's Manual, including but not limited to all of the categories of costs of the Disposal System reported as "Buildings and Improvements, and Infrastructure" (Object Code 4200) or "Equipment" (Object Code 4000) in the County of Orange -Chart of Accounts, or any successor accounting or reporting system utilized by the County. CEQA" means the California Environmental Quality Act, codified at Cal. Pub. Res. Code Section 21000 et .req. as amended or superseded, and the regulations promulgated thereunder. CERCLA" means the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C.A. Section 9601 et seq., as amended or superseded, and the regulations promulgated thereunder. Change in Law" means any of the following events or conditions which has a material and adverse effect on the performance by the parties of their respective obligations under this Agreement (except for paymentobligations), or on the siting, design, permitting, acquisition, construction, equipping, financing, ownership,possession, operation or maintenance of the Disposal System or other matters to which Applicable Law applies: 1) the enactment, adoption, promulgation, issuance, material modification or written changeinadministrativeorjudicialinterpretationonoraftertheCommencementDateofanyApplicableLaw (other than Applicable Law enacted by the County); 2) the order or judgment of any Governmental Body (other than the County), on or after the Commencement Date, to the extent such order or judgment is not the result of willful or negligent action, error or 2 Execution Copy City Council 22 – 9 5/20/2025 omission or lack of reasonable diligence of the County or of the City, whichever is asserting the occurrence of a Change in Law; provided, however, that the contesting in good faith or the failure in good faith to contest any such order or judgment shall not constitute or be construed as such a willful or negligent action, en•or or omission or lack of reasonable diligence; or 3) the denial of an application for, delay in the review, issuance or renewal of, or suspension, termination, interruption, imposition of a new or more stringent condition in connection with the issuance, renewal or failure of issuance or renewal on or after the Commencement Date of any Legal Entitlement to the extent that such denial, delay, suspension, termination, interruption, imposition or failure materially and adversely interferes with the performance of this Agreement, if and to the extent that such denial, delay, suspension, termination, interruption, imposition or failure is not the result of willful or negligent action, error or omission or a lack of reasonable diligence of the County or of the City, whichever is asserting the occurrence of a Change in Law; provided, however that the contesting in good faith or the failure in good faith to contest any such denial, delay, suspension, termination, interruption, imposition or failure shall not be construed as such a willful or negligent action, error or omission or lack of reasonable diligence. A "Change in Law" shall include but not be limited to any new or revised requirements relating to the funding or provision of disposal services, including but not limited to any regulations for disposal operations or activities associated with the remediation, closure, funding or monitoring of closed sites with respect to facilities comprising the Disposal System, or facilities which the County previously utilized to provide waste disposal, transfer, recycling, processing or other waste related activities. City" means, as applicable, the city or Sanitary District designated on the cover page of this AgreementandpartytothisAgreement. City Acceptable Waste" means all Acceptable Waste which was originally discarded by the first generatorthereofwithinthegeographicallimitsoftheCity, and Residue from the foregoing wherever produced, whether within or outside the City (or Tonnage equivalencies of such Residues, as and to the extent provided in subsection 3.1(C) hereof). Commencement Date" means the date on which the obligations of the parties hereto commence, established as provided in Section 6.2(B) hereof. Contract Date" means the first date on which this Agreement has been executed by both parties hereto. Contract Rate" has the meaning specified in Section 4.2 hereof. Contract Year" means the fiscal year commencing on July 1 in any year and ending on June 30 of the following year. Controllable Waste" means all City Acceptable Waste with respect to which the City has the legal or contractual ability to determine the disposal location therefor and which is: 1) Non-Recycled City Acceptable Waste; 2) not generated from the operations of the Governmental Bodies which, under ApplicableLaw, have the independent power to arrange for the disposal of the waste they generate; and 3) collected and hauled by Franchise Haulers. County" means the County of Orange, a political subdivision of the State of California and party to this Agreement. County Plan" means the integrated waste management plan of the County approved by the Board pursuanttotheActasineffectfromtimetotime. Execution Copy City Council 22 – 10 5/20/2025 County Acceptable Waste" means Acceptable Waste generated in the County. County OC Waste & Recycling Enterprise Fund" means the waste management enterprise fund established and managed by the County pursuant to Section 25261 of the Government Code separate from its other funds and accounts for receipts and disbursements in connection with the Disposal System. County-wide Recycling Services" has the meaning set forth in subsection 3.7(A) hereof. Cumulative Tonnage Target" for any given Contract Year means the amount specified in Appendix 2 hereto with respect to such Contract Year. Department" means OC Waste & Recycling, and any agency, department or other Governmental Body which succeeds to the duties and powers thereof. Disposal Agreements" means each of the waste disposal agreements entered into between the County and any city within the County, Sanitary District or operator of any Transfer Station located in the County in accordance herewith. Disposal Services" means the solid waste disposal services to be provided by the County pursuant to the Service Covenant and otherwise hereunder. Disposal System" means the Orange County Waste Disposal System which includes solid waste disposal operations at three active landfills (Olinda Alpha, Frank R. Bowerman and Prima Deshecha); four regional Household Hazardous Waste Collection Centers; as well as services, such as monitoring and other activities, at closed refuse stations formerly operated by the County, as appropriate under Applicable Law. Environmental Fund" means the fund or funds held by the County to pay unanticipated costs of environmental mitigation, remediation or liability. Franchise Hauler" means any hauler or collector who provides Acceptable Waste collection services within the City pursuant to, or under authority granted by, a permit, contract, franchise or other agreement with the City. The term Franchise Hauler includes the City itself if Acceptable Waste collection and transportation services are provided directly by City operated municipal collection service. Governmental Body" means any federal, State, county, city or regional legislative, executive, judicial or other governmental board, agency, authority, commission, administration, court or other body, or any officer thereof acting within the scope of his or her authority. Hazardous Substance" has the meaning given such term in CERCLA, the Carpenter-Presley-TannerHazardousSubstanceAccountAct (California Health and Safety Code Section 25300 et .seq.), and Titles 22 and 26 of the California Code of Regulations and other regulations promulgated thereunder. Hazardous Waste" means (a) any waste which by reason of its quality, concentration, composition or physical, chemical or infectious characteristics may do either of the following: cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness, or pose a substantial threat or potential hazard to human health or the environment, or any waste which is defined or regulated as a hazardous waste, toxic substance, hazardous chemical substance or mixture, or asbestos under Applicable Law, as amended from time to time including, but not limited to: (1) the Resource Conservation and Recovery Act and the regulations contained in 40 CFR Parts 260-281; (2) the Toxic Substances Control Act (15 U.S.C. Sections 2601 et seq.) and the regulations contained in 40 CFR Parts 761-766; (3) the California Health and Safety Code, Section 25117 (West 1992 & Supp. 1996); (4) the California Public Resources Code, Section 40141 (West 1996);and (5) future additional or substitute Applicable Law pertaining to the identification, treatment, storage or disposaloftoxicsubstancesorhazardouswastes; or (b) radioactive materials which are source, special nuclear or by-productmaterialasdefinedbytheAtomicEnergyActof1954 (42 U.S.C. Section 2011 et .seg.) and the regulationscontainedin10CFRPart40. 4 Execution Copy City Council 22 – 11 5/20/2025 Imported Acceptable Waste" means Acceptable Waste that is generated outside of the geographical boundaries of the County and delivered to the Disposal System. Independent Haulers" means those waste collection hauler companies primarily engaged as a principal business in the collection and transportation of municipal solid waste generated in the County of Orange which are not obligated to deliver County Acceptable Waste to the Disposal System pursuant to a franchise, contract, permit or other authorization with a city in the County. initial Term" has the meaning specified in Section 6.1(A) hereof. Legal Entitlement" means all permits, licenses, approvals, authorizations, consents and entitlements of whatever kind and however described which are required under Applicable Law to be obtained or maintained by any person with respect to the Disposal System or the performance of any obligation under this Agreement or the matters covered hereby. Legal Proceeding" means every action, suit, litigation, arbitration, administrative proceeding, and other legal or equitable proceeding having a bearing upon this Agreement. Loss-and-Expense" means any and all loss, liability, obligation, damage, delay, penalty, judgment, deposit, cost, expense, claim, demand, charge, tax, or expense, including all fees and costs. Net Import Revenues" has the meaning ascribed thereto in Section 3.6(E). Non-Recycled City Acceptable Waste" means all City Acceptable Waste other than Recycled City Acceptable Waste. Overdue Rate" means the maximum rate of interest permitted by the laws of the State, if applicable, or the prime rate established from time to time by the Bank of America, N.A. or its successors and assigns, plus 2%, whichever is lower. Participating City" means any city or Sanitary District executing a Disposal Agreement in accordance with Section 3.6(A) hereof and meeting all requisite conditions to the Commencement Date thereof. Plan of Adjustment" means the County's Modified Second Amended Plan of Adjustment, confirmed by the United States Bankruptcy Court Central District of California in that Conformed Order Confirming Modified Second Amended Plan of Adjustment, filed May 17, 1996. Posted Disposal Rate" means the per ton tipping fee charged by the County for the disposal of solid waste at the Disposal System by parties which are not entitled to disposal service at the Contract Rate pursuant to this Agreement. Prohibited Medical Waste" means any medical or infectious waste prohibited or restricted under Applicable Law from being received by or disposed at the Disposal System. Qualified Household Hazardous Waste" means waste materials determined by the Board, the DepartmentofHealthServices, the State Water Resources Control Board, or the Air Resources Board to be: 1) Of a nature that they must be listed as hazardous in State statutes and regulations; 2) Toxic/ignitable/corrosive/reactive; and 3) Carcinogenic/mutagenic/teratogenic; which are discarded from households as opposed to businesses. Qualified Household Hazardous Waste shall not include Unacceptable Waste. Execution Copy City Council 22 – 12 5/20/2025 Recycled City Acceptable Waste" means any otherwise Controllable Waste which is separated from Acceptable Waste by the generator thereof or by processing and which is "recycled" within the meaning of Section 40180 of the Public Resources Code. Renewal Term" has the meaning specified in Subsection 6.1(B) hereof. Residue" means any material remaining from the processing, by any means and to any extent, of City Acceptable Waste or Recycled City Acceptable Waste; provided, however, that Residue shall not include minimal amounts of material remaining after such processing (which minimal amounts shall in no event exceed 10% of the amount of such City Acceptable Waste or Recycled City Acceptable Waste prior to processing). Resource Conservation and Recovery Act" or "RCRA" means the Resource Conservation and RecoveryAct, 42 U.S.C.A. Section 6901 et .seq., as amended and superseded. Restricted Reserves" has the meaning specified in Section 4.5. Sanitary Districts" means the sanitary districts in the County formed pursuant to the Sanitary District Act of 1923, codified at Cal. Ann. Health & Safety Code Section 6400 et .seq., as amended, supplemented, supersededandreplacedfromtimetotime. Self-Hauled Waste" means City Acceptable Waste collected and hauled by Self-Haulers. Self-Hauler" means any person not engaged commercially in waste haulage who collects and hauls Acceptable Waste generated from residential or business activities conducted by such person. Service Coordinator" means the service coordinator for either party designated pursuant to subsection 3.5(C) hereof. Service Covenant" means the covenants and agreements of the County set forth in Sections 3.2 and 3.3 hereof. Source-Separated Household Hazardous Waste" means Qualified Household Hazardous Waste which has been segregated from Acceptable Waste originating or generated within the geographical jurisdiction of the City at the source or location of generation. Source-Separated Household Hazardous Waste Disposal System" means the collection centers, facilities, contracts and other arrangements owned or administered by the County for the receipt, handling and disposal of Source-Separated Household Hazardous Waste. State" means the State of California. Term" shall mean the Term of this Agreement. Ton" means a "short ton" of 2,000 pounds. Transfer Station" means any materials recovery facility, composting facility, intermediate processingfacility, recycling center, transfer station or other waste handling or management facility to which solid waste collected for the City is delivered for processing before disposal in the Disposal System. Unacceptable Waste" means Hazardous Waste; Hazardous Substances; Prohibited Medical Waste;Qualified Household Hazardous Waste separated from Acceptable Waste; explosives, ordnance, highly flammable substances, and noxious materials and lead-acid batteries (except if delivered in minimal quantities); drums and closed containers; liquid waste, oil, human wastes; machinery and equipment from commercial or industrial sources,such as hardened gears, shafts, motor vehicles or major components thereof, agricultural equipment, trailers, marine 6 Execution Copy City Council 22 – 13 5/20/2025 vessels and steel cable; hot loads; and any waste which the Disposal System is prohibited from receiving under Applicable Law. Uncontrollable Circumstance" means any act, event or condition affecting the Disposal System, the County, the City, or any of their Franchise Haulers, contractors or suppliers to the extent that it materially and adversely affects the ability of either party to perform any obligation under the Agreement (except for payment obligations), if such act, event or condition is beyond the reasonable control of and is not also the result of the willful or negligent act, error or omission or failure to exercise reasonable diligence on the part of the party relying thereon as justification for not performing an obligation or complying with any condition required of such party under the Agreement; provided, however, that the contesting in good faith or the failure in good faith to contest such action or inaction shall not be construed as willful or negligent action or a tack of reasonable diligence of either party. Examples of Uncontrollable Circumstances are: 1) an act of God, landslide, lightning, earthquake, fire, explosion, flood, sabotage or similar occurrence, acts of a public enemy, extortion, war, blockade or insurrection, riot or civil disturbance; and 2) a Change in Law. Unincorporated Area" means those portions of the County which are not contained within the jurisdictional boundaries of incorporated cities. Unincorporated Area Acceptable Waste" means Acceptable Waste originating from or generated within the Unincorporated Area. Unrestricted Reserves" means cash and other reserves of the Disposal System which are not Restricted Reserves. Waste Disposal Covenant" means the covenants and agreements of the City set forth in Section 3.1 hereof. SECTION 1.2 INTERPRETATION. In this Agreement, unless the context otherwise requires: A) References Hereto. The terms "hereby", "hereof', "herein", "hereunder" and any similar terms refer to this Agreement, and the term "hereafter" means after, and the term "heretofore" means before, the Contract Date. B) Gender and Pluralitv. Words of the masculine gender mean and include correlative words of the feminine and neuter genders and words importing the singular number mean and include the plural number and vice versa. C) Persons. Words importing persons include firms, companies, associations, general partnerships, limited partnerships, trusts, business trusts, corporations and other legal entities, including public bodies, as well as individuals. D) Headines. The table of contents and any headings preceding the text of the Articles, Sections and subsections of this Agreement shall be solely for convenience of reference and shall not constitute a part of this Agreement, nor shall they affect its meaning, construction or effect. E) No Third Party Beneficiaries. Nothing in this Agreement is intended to confer on haulers or any other person other than the parties hereto and their respective permitted successors and assigns hereunder any rights or remedies under or by reason of this Agreement. F) Counterparts. This Agreement may be executed in any number of original counterparts. All such counterparts shall constitute but one and the same Agreement. Execution Copy City Council 22 – 14 5/20/2025 G) Applicable Law. This Agreement shall be governed by and construed in accordance with the Applicable Laws of the State of California. H) Severabilitv. If any clause, provision, subsection, Section or Article of this Agreement shall be ruled invalid by any court of jurisdiction, then the parties shall: (1) promptly meet and negotiate a substitute for such clause, provision, subsection, Section or Article which shall, to the greatest extent legally permissible, effect the intent of the parties therein; (2) if necessary or desirable to accomplish item (1) above, apply to the court having declared such invalidity for a judicial construction of the invalidated portion of this Agreement; and 3) negotiate such changes in, substitutions for or additions to the remaining provisions of this Agreement as may be necessary in addition to and in conjunction with items (1) and (2) above to effect the intent of the parties in the invalid provision. The invalidity of such clause, provision, subsection, Section or Article shall not affect any of the remaining provisions hereof, and this Agreement shall be construed and enforced as if such invalid portion did not exist, unless such invalidity frustrates the underlying primary purpose of the Agreement. 1) Inteeration: Preservation of Certain Agreements. This Agreement contains the entire agreement between the parties with respect to the transactions contemplated hereby. This Agreement shall completely and fully supersede all prior understandings and agreements between the Parties with respect to such transactions; provided, however, that this Agreement shall not supersede the following agreements: 1) MOU, dated March 10, 1992, between the City of Brea and the County of Orange regarding the Olinda Alpha Landfill as amended on April 6, 1993 and November 29, 1994; 2) MOU, dated May 11, 1995, between the City of Brea and the County of Orange regarding importation ofout-of-County waste to the Olinda Alpha Landfill; 3) Settlement Agreement, dated August 1, 1984, between the City of Irvine and the County of Orange regarding the Bee Canyon Landfill (currently called Frank R. Bowerman Landfill); 4) MOU, dated May 16, 1995, between the City of Irvine and the County of Orange regarding importation ofout-of--County waste to the Frank R. Bowerman Landfill; 5) MOU, dated September 12, 1995, and amended November 21, 1995, between the City of San Juan Capistrano and the County of Orange regarding importation of out-of--County waste to the Prima Deshecha Landfill; 6) MOU, dated July 1, 1997, between the City of San Clemente[, the OrangeCountyFloodControlDistrict] and the County of Orange regarding the Prima Deshecha Landfill; and 7) Cooperative Agreement, dated August 15, 2006, between the County and the City of Irvine. J) Recitals. The recitals to this Agreement are not intended to bind the parties hereto. In the event of a conflict between the recitals and the operative provisions of this Agreement, the operative provisionsshallprevail. The recitals shall not be used to interpret the provisions of the Agreement. ARTICLE II REPRESENTATIONS AND WARRANTIES SECTION 2.1 REPRESENTATIONS AND WARRANTIES OF THE CITY. The City represents and warrants that: A) Existence. The City is a general law or charter city validly existing under the Constitution and laws of the State. Execution Copy City Council 22 – 15 5/20/2025 B) Due Authorization. The City has duly authorized the execution and delivery of this Agreement, and this Agreement has been duly executed and delivered by the City. SECTION 2.2 REPRESENTATIONS AND WARRANTIES OF THE COUNTY. The County represents and warrants that: A) Existence. The County is a political subdivision of the State of California validlyexistingundertheConstitutionandlawsoftheState. B) Due Authorization. The County has duly authorized the execution and delivery of this Agreement, and this Agreement has been duly executed and delivered by the County. ARTICLE III DELIVERY AND ACCEPTANCE OF WASTE AND PROVISION OF DISPOSAL SERVICE SECTION 3.1 DELIVERY OF WASTE. A) Waste Disposal Covenant. Subject to the occurrence of the Commencement Date and throughout the Term of this Agreement, the City shall exercise all legal and contractual power and authority which it may possess from time to time to deliver or cause the delivery of all Controllable Waste to the Disposal System in accordance herewith. B) Recvcled Ci Acceptable Waste. The parties hereto acknowledge the responsibility of the City to meet the recycling and landfill diversion goals contained in the Act. Nothing in this Agreement is intended or shall be interpreted to prohibit or impair the ability of the City to meet such responsibilities, or to restrict the right of the residents, businesses or organizations in the City to practice source separation, recycling, composting or other materials recovery activities, or to restrict the right of the City to conduct, sponsor, encourage or requiresuchactivitiesinanyform. No reduction in the amount of Controllable Waste generated in the City and delivered to the Disposal System by or on behalf of the City which may result from any such source separation or recycling program shall cause the City any liability hereunder (other than potential adjustment to the Contract Rate to the extent provided in Article IV hereof] and shall not constitute a breach of this Agreement. C) Waste Delivered to Transfer Station. All Residue from any processing of Controllable Waste by materials recovery, composting, recycling or other means, wherever performed, shall constitute Controllable Waste and be subject to the Waste Disposal Covenant. Where City Acceptable Waste is processed at a facility which concurrently processes other Acceptable Waste in a manner which produces commingled residue which cannot be traced to a geographic source, generic residues from such facility in Tonnage equal to the residues that would have been produced had City Acceptable Waste only been processed at the facility shall constitute Controllable Waste and be subject to the Waste Disposal Covenant. Any City Acceptable Waste or material derived or segregated therefrom which is held in storage and asserted by the possessor thereof to constitute Recycled CityAcceptableWasteawaitingsaleordistributiontothesecondarymaterialsmarketsshallconstituteControllable Waste if, when and to the extent that the storage or diversion thereof can be reasonably deemed to constitute an evasion of the Waste Disposal Covenant rather than generally recognized, accepted and prevailing practice in the Southern California materials recovery and recycling industry conducted in accordance with Applicable Law. In order for the owner and/or operator of a transfer station to be entitled to deliver Acceptable Waste from a Participating City to the Disposal System for the Contract Rate as provided in Article IV, such owner and/or operator must execute a direct agreement with the County, acknowledging and agreeing to comply with the obligation of the Participating City to cause the delivery of all Controllable Waste to the Disposal System pursuanttothisAgreement. In addition, the County shall be authorized to implement procedures to determine if AcceptableWastedeliveredbytheownersoroperatorsofTransferStationsisentitledtoutilizetheDisposalSystemforthe Contract Rate. Such procedures may include requiring Transfer Stations to certify, under penalty of perjury, the source of any such Acceptable Waste. If necessary, the County may require that, in order to qualify for use of the Disposal System for the Contract Rate, Transfer Stations must deliver Controllable Waste in loads containing onlyControllableWaste, and not commingled with Acceptable Waste from entities which are not Participating Cities or Participating Independent Haulers. Execution Copy City Council 22 – 16 5/20/2025 D) Power to Obligate Waste Disposal and Complv with this Agreement. On or before the Commencement Date, (i) any City franchise, contract, lease, or other agreement which is lawfully in effect relating to or affecting Controllable Waste shall provide, or shall have been amended to provide, that the City shall have the right without material restriction on and after the Commencement Date to direct the delivery of all Controllable Waste to a disposal location selected by the City (whether or not such Controllable Waste is delivered to a transfer station as an intermediate step prior to landfill disposal) and otherwise to comply with its obligations under this Agreement with respect to Controllable Waste and Franchise Haulers, and (ii) the City shall designate the Disposal System as the disposal location pursuant to such franchise, contract, lease or other agreement. On and after the Commencement Date and throughout the Term of this Agreement the City (a) shall not enter into any franchise, contract, lease, agreement or obligation, issue any permit, license or approval, or adopt any ordinance, resolution or law which is materially inconsistent with the requirements of the Waste Disposal Covenant, and (b) shall maintain non-exclusive or exclusive franchises or other contractual arrangements over any City Acceptable Waste which, as of the Contract Date, is subject to non-exclusive or exclusive franchise or other contractual arrangements. The City agrees that the County shall be a third party beneficiary of the obligation of Franchise Haulers to deliver Controllable Waste to the Disposal System, and may directly enforce such obligation through any legal means available. The City shall notify in writing each Franchise Hauler of the County's third party beneficiary rights. E) Waste Flow Enforcement. (1) The City, in cooperation with the Department, shall establish, implement, carry out and enforce a waste flow enforcement program which is sufficient to assure the delivery of all Controllable Waste to the Disposal System pursuant to and in accordance with the Waste DisposalCovenantfordisposalatthetimesandinthemannerprovidedherein. The waste flow enforcement program shall consist of amending City franchises, permits or authorizations with all Franchise Haulers, to the extent required bythisSectionandtotheextentallowedbylaw, and shall include in addition, to the extent necessary and appropriateinthecircumstancestoassurecompliancewiththeWasteDisposalCovenant, but shall not be limited to: i) licensing or permitting Franchise Haulers, upon the condition of compliance with the Waste Disposal Covenant, ii) providing for and taking appropriate enforcement action under any such franchise, license, or permit, such as but not limited to the suspension, revocation and termination of collection rights and privileges, the imposition of fines or collection of damages, and the exercise of injunctive relief against non-complying Franchise Haulers and iii) causing any Transfer Station to which Controllable Waste is delivered for processing to deliver certification, under the penalty of perjury, of the amounts of Controllable Waste received and Residue remaining from processing at such Transfer Station. 2) The City acknowledges and agrees that in the event of a breach of the Waste Disposal Covenant by the City, the City shall pay the County an amount equal to the amount that the City would have been required to pay to the County had the Waste Disposal Covenant not been breached, which shall be calculated by (x) subtracting the number of tons actually delivered during the month(s) of the breach from the number of tons that were delivered during the same month(s) closest in time when there was no such breach, even if such month(s) closest in time was prior to the Term, and (y) multiplying such amount by the Contract Rate in effect at the time of such breach (or anyhigherratewithrespecttowhichtheCountyhasprovidednoticepursuanttoSection4.2). In the event that the County terminates the Waste Disposal Agreement as a result of such breach, the damages due as a result of such termination shall be equal to (aa) the average monthly deliveries by the City for the twelve months prior to the commencement of the breach multiplied by (bb) the Contract Rate in effect at the time of such breach (or any higher rate with respect to which the County has provided notice pursuant to Section 4.2), multiplied by (cc) the number of months that would have remained in the Term of the Agreement had the termination not occurred. The partiesrecognizethatiftheCityfailstomeetitsobligationshereunder, the County will suffer damages and that it is and will be impracticable and extremely difficult to ascertain and determine the exact amount of such damages.Therefore, the parties agree that the damages specified above represent a reasonable estimate of the amount of such damages, considering all of the circumstances existing on the date hereto, including the relationship of the sums to the range of harm to the County that reasonably could be anticipated and anticipation that proof of actual damageswouldbecostlyorinconvenient. In signing this Agreement, each party specifically confirms the accuracy of the statements made above and the fact that each party had ample opportunity to consult with legal counsel and obtain an explanation of this liquidated damage provision at the time that this Agreement was made. F) Leeal Challenges to Franchise Svstem. The City shall use its best efforts to preserve, protect and defend its right to exercise and comply with the Waste Disposal Covenant against any challenge thereto, legal or otherwise (including any lawsuits against the City or the County, whether as plaintiff or defendant), by a 10 Execution Copy City Council 22 – 17 5/20/2025 Franchise Hauler or any other person, based upon breach of contract, violation of law or any other legal theory. The City shall bear the cost and expense of any such Legal Proceeding or other challenge. In the event any such Legal Proceeding relating to the Waste Disposal Covenant or the City's exercise thereof establishes in a final determination that such covenant or exercise thereof is void, unlawful or unenforceable, or if any Franchise Hauler fails to deliver Controllable Waste to the Disposal System in breach of its franchise with the City on the grounds that a judicial determination made by any court or other Applicable Law has rendered its obligation to deliver Controllable Waste to the Disposal System void, unlawful or unenforceable on any legal grounds, with the result that actual waste deliveries to the Disposal System fall below the Cumulative Tonnage Targets, the County shall be entitled to avail itself of the remedies described in Section 4.2(B) hereof. G) Franchise Haulers. The City shall compile and provide the Department with the following information concerning all Franchise Haulers: name, address and phone number; identification number; area of collection and transportation; and franchise and permit terms. H) Waste Information System. The City shall cooperate with the Department in collectinginformationandotherwisemonitoringFranchiseHaulersinordertoassurecompliancewiththisAgreement. Such information may include, to the extent practicable, data pertaining to Controllable Waste collected, transported, stored, processed and disposed of, Recycled City Acceptable Waste collected, transported, stored, processed and marketed or disposed of, Franchise Haulers' franchise, permit or license terms, collection areas, transportation routes and compliance with Applicable Law; and all other information which may reasonably be required by the Department in connection with this Agreement. The City agrees to include in any revised franchise, contract, license or permit or other authorization granted to Franchise Haulers an obligation of the Franchise Hauler to provide to the County information relating to the Controllable Waste collected by such Franchise Hauler, including origins from which such Controllable Waste was collected, tonnage by type of load (residential, commercial, roll-off box), customer service levels, tonnage delivered by transfer station or material recovery facility utilized, and other related information. I) Citv Actions Affecting Countv. The City agrees to carry out and fulfill its responsibilities under this Agreement and Applicable Law so as to permit full and timely compliance by the CountywithitscovenantsandagreementswiththeState. In particular, the City agrees not to conduct, authorize or permit any disposal services for Controllable Waste to be provided in competition with the Disposal Services provided bytheCountyhereunder, and not to take or omit to take any action with respect to Controllable Waste or its collection, transportation, transfer, storage, treatment or disposal that may materially and adversely affect the County's ability to achieve such timely compliance. Notwithstanding the foregoing, the City shall not be required to deny any permit or license or refuse to grant any approval while exercising its police powers. J) No Right of Waste Substitution. Nothing in this Agreement shall authorize or entitle the City to deliver or cause the delivery to the Disposal System of Acceptable Waste originating from or generatedoutsidethejurisdictionoftheCity, nor obligate the County to receive or dispose of any such Acceptable Waste. The City shall not assign in whole or in part its right to deliver or cause to be delivered Controllable Waste to the County hereunder, and shall not permit any Acceptable Waste originating from or generated outside the jurisdictionoftheCitytobesubstitutedforControllableWasteforanypurposehereunder. K) Annexations and Restructurin It is the intention of the parties that this Agreement and the obligations and rights of the City hereunder, including particularly the Waste Disposal Covenant and the Contract Rate, shall, to the extent permitted by Applicable Law, extend to any territory annexed by the City (or anyterritorywithrespecttowhichtheCityassumes, after March 30, 2008, solid waste management responsibility from a Sanitary District or other public entity) and shall bind any successor or restructured Governmental Body which shall assume or succeed to the rights of the City under Applicable Law. SECTION 3.2 PROVISION OF DISPOSAL SERVICES BY THE COUNTY. A) Service Covenant. Commencing on the Commencement Date, the County shall provide or cause the provision of the service of (1) receiving and disposing of all Controllable Waste at the Disposal Systemorsuchotherfacilities, including transfer stations, as the County may determine to use), (2) disposing in accordance with subsection 3.2(C) hereof of Controllable Waste which, at any time and for any reason, is in excess 11 Execution Copy City Council 22 – 18 5/20/2025 of the disposal capacity of the Disposal System, and (3) in accordance with subsection 3.3(C) hereof, disposing of Unacceptable Waste inadvertently accepted at the Disposal System. The County, to the maximum extent permitted under Applicable Law, shall use its best efforts to keep the Olinda Alpha, Prima Deshecha and Frank R. Bowerman Landfills open for the receipt of waste for disposal or transfer of Controllable Waste pursuant to this Agreement. The County shall do and perform all acts and things which may be necessary or desirable in connection with its covenants in this subsection, including without limitation all planning, development, administration, implementation, construction, operation, maintenance, management, financing and contract work related thereto or undertaken in connection therewith. The County shall exercise all reasonable efforts to minimize the costs incurred in complying with the Service Covenant consistent with its responsibilities hereunder and under this Agreement, Applicable Law and prudent solid waste management practice and environmental considerations. B) Particular Facilities. The Department and the City shall consult and cooperate in determining whether and to what extent from time to time other landfills other than that primarily used by the City shall be utilized to receive Controllable Waste. The Department shall immediately advise the City by telephone of any situation, event or circumstance which results in the partial or complete inability of the County to receive Controllable Waste at any particular landfill within the Disposal System, its effect on the County's ability to perform its obligations hereunder, and the County's best estimate of the probable duration. The Department shall confirm such advice in writing within 24 hours of the occurrence of any such inability. The County shall use its best efforts to resume normal operation of the landfill primarily used by the City as soon as possible. In the event of a temporary material increase in average daily deliveries of Controllable Waste from the City which the County reasonably believes could result in the permitted daily disposal capacity limit to be exceeded with respect to a particular landfill within the Disposal System, the County shall have the right to redirect the increased Controllable Waste to another landfill within the Disposal System for the duration of the increase in average daily deliveries; provided, however, that in such circumstances the County shall utilize reasonable efforts to first redirect waste which is not Controllable Waste. C) Compliance with Service Covenant Not Excused for any Reason. Commencing on the Commencement Date, the obligations of the County to duly observe and comply with the Service Covenant shall apply continuously and without interruption for the Term of this Agreement. In the event that any Change in Law or other Uncontrollable Circumstance impairs or precludes compliance with the Service Covenant by the means or methods then being employed by the County, the County shall implement alternative or substitute means and methods to enable it to satisfy the terms and conditions of the Service Covenant. In the event that a Change in Law precludes the County from complying with such covenants with the means or methods then being employed and from utilizing any alternate or substitute means or methods of compliance, the County shall continuously use all reasonable efforts to effectuate executive, legislative or judicial change in or relief from the applicability of such law so as to enable the County lawfully to resume compliance with such covenants as soon as possible following the Change in Law. SECTION 3.3 COUNTY RIGHT TO REFUSE WASTE. A) Right of Refusal. Notwithstanding any other provision hereof, the County may refuse delivery of: 1) Hazardous Waste; 2) Controllable Waste delivered at hours other than those provided in Section 3.5 hereof; 3) Waste that does not constitute Acceptable Waste; 4) Waste that is delivered by any party which has not executed a Waste Disposal Agreement; and 5) Controllable Waste consisting primarily of construction and demolition debris or inerts which may cause a particular facility's daily tonnage limit to be exceeded. 12 Execution Copy City Council 22 – 19 5/20/2025 B) Identification of Unacceptable Waste. The Department shall have the right (but not the duty or the obligation) to inspect the vehicles of all Franchise Haulers delivering material to the Disposal System, and may require that the Franchise Hauler remove any Unacceptable Waste from such vehicle before it is unloaded. If the Department determines that it is impractical to separate Controllable Waste from Unacceptable Waste in any vehicle, or if the Franchise Hauler delivering such waste is unwilling to make such separation, or if any vehicle is carrying waste which may spill or leak, then the Department may reject the entire vehicle, and the City shall forthwith remove or cause the removal of the entire delivery from the Disposal System. The Department may take all reasonable measures to prevent waste from being blown or scattered before and during unloading. The City shall cause the Franchise Haulers to observe and comply with Applicable Law, the operating rules and regulations of the Department, and the provisions of this Agreement prohibiting the delivery of Unacceptable Waste to the Disposal System. C) Hazardous Waste and Hazardous Substances. The parties acknowledge that the Disposal System has not been designed or permitted, and is not intended to be used in any manner or to any extent, for the handling, transportation, storage or disposal of Hazardous Waste or Hazardous Substances. Neither the County nor the City shall countenance or knowingly permit the delivery of Hazardous Waste or Hazardous Substances to the Disposal System. D) Disposal of Unacceptable Waste and Hazardous Waste. If Unacceptable Waste or Hazardous Waste is discovered in a vehicle at any landfill within the Disposal System, the driver of the vehicle will not be permitted to discharge the load. If a vehicle is observed unloading Unacceptable Waste or Hazardous Waste in the tipping area of a landfill within the Disposal System Department personnel will use reasonable efforts to assure that such material has been characterized, properly secured and its disposition resolved. The return or reloading onto the delivery vehicle of any Hazardous Waste, Prohibited Medical Waste or other waste requiring handling or transportation shall be conducted in accordance with Applicable Law. Whenever Hazardous Waste is detected at any landfill within the Disposal System, the Department shall take immediate action in accordance with Applicable Law. E) Source-Separated Household Hazardous Waste. The County shall maintain, as part of the Disposal System, aSource-Separated Household Hazardous Waste Disposal System for the disposal of Source- Separated Household Hazardous Waste. The disposal service provided by such system shall constitute part of the Disposal Services, and shall be available to Participating Cities as part of the Contract Rate. The County may impose additional fees and charges for services relating to Source-Separated Household Hazardous Waste with respect to cities which are not parties to a Disposal Agreement. The County may provide for the expansion,contraction or modification of the Source-Separated Household Hazardous Waste Disposal System and its services to the extent necessary to ensure the Disposal System's viability; provided, however, if the County chooses to reduce services, the County shall nonetheless continue to expend funds for the Source-Separated Household Hazardous Waste Disposal System each year during the term of this Agreement in an amount at least equal to the amount of funds expended for the Source-Separated Household Hazardous Waste Disposal System during fiscal year 2006-07 as adjusted by changes in the Producer Price Index. SECTION 3.4 UNINCORPORATED AREA ACCEPTABLE WASTE. Commencing on the Commencement Date, the County in accordance with Applicable Law shall provide or cause to be provided the service of disposing of non-recycled Acceptable Waste originating or generated within the Unincorporated Area and, with respect to such waste, shall comply with the Waste Disposal Covenant as if the County constituted a CitysubjecttotheWasteDisposalCovenanthereunder. Rates charged by the County for the disposal of each class of non-recycled Acceptable Waste generated in the Unincorporated Area shall be the same as the Contract Fee chargedforthedisposalofeachclassofControllableWaste. The County shall use its best efforts to preserve, protect and defend its right to exercise and comply with the Waste Disposal Covenant (with respect to non-recycled AcceptableWastegeneratedintheUnincorporatedArea) against any challenge thereto, legal or otherwise, by a Franchise Hauler or any other person, based upon breach of contract, violation of law or any other legal theory. The CountyshallbearthecostandexpenseofanysuchLegalProceedingorotherchallenge (with respect to non-recycledAcceptableWastegeneratedintheUnincorporatedArea). 13 Execution Copy City Council 22 – 20 5/20/2025 SECTION 3.5 MISCELLANEOUS OPERATIONAL MATTERS. A) Operatin Hours. The County shall keep the Disposal System open for the receiving of Controllable Waste during such regular operating hours as may be established by the Department in the operating rules and regulations applicable to the Disposal System. The County shall utilize best efforts to maintain substantially similar hours, as were in effect on January 2, 2009, for the receipt of waste through the term of this Agreement (subject to Applicable Law). B) Scales and Weiehing. The Department shall operate and maintain permanent scales at the Disposal System. The Department shall weigh all vehicles delivering waste by or on behalf of the City (whether or not the County accepts such waste) and prepare a daily weight record with regard to such delivery. C) Service Coordinator. The County and the City each shall designate in writing thirty days prior to the expected Commencement Date a person to transmit instructions, receive information and otherwise coordinate service matters arising pursuant to this Agreement (each a "Service Coordinator"). Either party may designate a successor or substitute Service Coordinator at any time by notice to the other party. D) Review of Records. Each party may review the other party's books and records with respect to matters relevant to the performance by either party under this Agreement or otherwise related to the operation of the Disposal System to the extent allowed under the California Public Records Act (interpreted as if the parties to this Agreement were natural persons for purposes of the Public Records Act). SECTION 3.6 OTHER USERS OF THE DISPOSAL SYSTEM. A) On or Before 2009. On or before [120 DAYS AFTER BOARD APPROVAL], the County shall have the right to enter into waste disposal agreements with Orange County entities with respect to Acceptable Waste which was originally discarded by the first generator thereof within the geographical limits of the County, including other cities in the County, Sanitary Districts, Transfer Stations and Independent Haulers, which waste disposal agreements shall have terms and provisions substantially identical to the terms and provisions of this Agreement; provided, however, that in no event shall such agreements have terms and provisions more favorable than the terms and provisions of this Agreement (including but not limited to the Contract Rate and availability of disposal capacity). B) ABer ( , 2009. After [ 120 DAYS AFTER BOARD APPROVAL], the County shall have the right to enter into waste disposal agreements with Orange County entities, including any city, Sanitary District, Transfer Station and Independent Hauler, or otherwise accept Acceptable Waste from such parties,but only within the limitations contained in this Section. Any such agreement or waste acceptance agreement must provide that the party delivering waste shall pay a Posted Disposal Rate at least 10% higher than the Contract Rate unless the County determines it is in the best interest of the Disposal System to establish a Posted Disposal Rate less than 10% higher than the Contract Rate. In no event shall the Posted Disposal Rate be equal to or less than the Contract Rate. In addition, the County shall reserve the right in any such waste disposal agreement at any time, to the extent permitted by Applicable Law, to refuse to receive and dispose of Acceptable Waste from any city, County Sanitary District, Transfer Station and Independent Hauler if and to the extent that such receipt and disposal may materially and adversely affect the ability of the County to comply with its obligations to the Participating Cities under the Disposal Agreements to which each is a party. C) Receipt of Imported AcceptableWasteonaContractBasis. The County shall have the right to enter into a contract or other agreement with any municipal or private non-County entity for the delivery of Imported Acceptable Waste on terms and conditions that the County determines to be necessary to ensure and enhance the viability of the Disposal System for the benefit of the County and the Participating Cities and to generate Net Import Revenues. The County certifies that in its goodfaithjudgmentthecontractorotheragreementforthedeliveryofsuchwastewillnotmateriallyandadverselyaffect the ability of the County to receive and dispose of Acceptable Waste from the Participating Cities in accordance with the applicable Disposal Agreements throughout the Term thereof. The term of any such agreement for the disposal of Imported Acceptable Waste shall end by the later to occur of (i) December 31, 2015 or (ii) the date on which County general purpose revenues are no longer expended to pay debt service on the Orange County Public 14 Execution Copy City Council 22 – 21 5/20/2025 Financing Authority Lease Revenue Refunding Bonds Series 2005, but in no event later than the last day of the fiscal year commencing July 1, 2015. D) Self Haulers. The City and the County acknowledge that Self-Haulers shall be entitled to deliver Self-Hauled Waste to the Disposal System, on anon-contract basis, at the Posted Disposal Rate. Such Self- Haulers shall not be entitled to dispose of Acceptable Waste for the Contract Rate. E) Apalication and Use of Revenues From Other Users. All revenues received by the County from the disposal of County Acceptable Waste by the Disposal System, and all revenues received by the County from the disposal of Imported Acceptable Waste by the Disposal System, shall be deposited by the County in the County OC Waste & Recycling Enterprise Fund and shall constitute revenues of the Disposal System. Pursuant to the County's Plan of Adjustment, the County is entitled to receive net revenues (after payment of all costs attributable to the acceptance of such Imported Acceptable Waste at the Disposal System) ("Net Import Revenues") from the disposal of Imported Acceptable Waste by the Disposal System, and such Net Import Revenues may be used for the payment of bankruptcy related obligations in accordance with the Plan of Adjustment. Costs attributable to the disposal of Imported Acceptable Waste include deposits to the Environmental Fund, deposits to closure and postclosure reserves, City host fees (if applicable), incremental operating costs (such as manpower expenditures, equipment, services and supplies expenditures), state surcharges, and a pro rata share of capital project costs. The parties acknowledge that their intention in determining to allow the importation of Imported Acceptable Waste for disposal by the Disposal System is to stabilize the Contract Rate at rates below those which would otherwise prevail in the absence of such importation. SECTION 3.7 COUNTY PROVISION OF WASTE DIVERSION SERVICES. A) County-Wide Recycling Services. This Agreement does not require the County to provide for any source reduction, materials recovery, recycling, composting, or other waste diversion services by the County nor any payment therefor by the City, by Franchise Haulers or by ratepayers; provided, however, any County-Wide Recycling Services may be funded through the County OC Waste & Recycling Enterprise Fund. Any such recycling services maybe expanded, contracted or modified by the County at any time in its sole discretion. B) Separate Ci -County Diversion Service Agreements. Nothing in this Agreement is intended to limit the right of the County to enter into a separate agreement with the City or any other person to provide source reduction, materials recovery, recycling, composting or other waste diversion services. Any such program conducted by the County, whether in participation with the City, any other of the Participating Cities, other Cities, Sanitary Districts, Transfer Stations, Independent Haulers, Unincorporated Area or non-County entity, shall be operated, managed and accounted for as a program separate and distinct from the Disposal Services program contemplated by the Disposal Agreements and shall not be funded through the general revenues of the Disposal System. ARTICLE IV CONTRACT RATE SECTION 4.1 CHARGING AND SECURING PAYMENT OF CONTRACT RATE. The City acknowledges that the County shall have the right to charge and collect a Contract Rate for the acceptance and disposal of Controllable Waste delivered to the System by any Franchise Hauler. The Contract Rate shall be calculated and established, and may be modified, as provided in Section 4.2 hereof. In addition, the City acknowledges that the County shall have the right to establish as part of the operating rules and regulations reasonable measures to secure the payment of all Contract Rates. SECTION 4.2 CONTRACT RATE. A) Establishment of Contract Rate. The Contract Rate payable by each Franchise Hauler shall be (x) $22.00 per ton from the Commencement Date through June 30, 2010, and (y) $29.95 per ton on and after July 1, 2010, in both cases contingent on the delivery to the Disposal System of an amount of Acceptable Waste at 15 Execution Copy City Council 22 – 22 5/20/2025 least equal to the Cumulative Tonnage Targets identified in Appendix 2, and subject to adjustment necessary to reflect the circumstances set forth in this Section 4.2: i) increased costs incurred by the County (in excess of available insurance proceeds) due to the occurrence of one or more Uncontrollable Circumstances, other than Changes in Law; ii) costs incurred by the County (in excess of available insurance proceeds and amounts available in the Environmental Fund for such purposes) remediating environmental conditions at the Disposal System or inactive or closed disposal sites in the County, which, if uncorrected, could give rise to potential claims under CERCLA or related federal or state statutes, including costs incurred providing indemnification to any Participating City pursuant to subsection 7.3; or iii) tonnage shortfalls to the extent permitted by Sections 4.2(B); iv) average annual inflation prior to July 1, 2010 in excess of the levels set forth in Section 4.2(H) and escalation pursuant to Section 4.2(F) ; v) increased costs incurred by the County (in excess of available insurance proceeds) due to the occurrence of one or more Changes in Law; or vi) Capital Costs in excess of the Capital Costs at any point in time during the term hereof exceeding the Cumulative Capital Costs set forth in Appendix 3. Prior to adjusting the Contract Rate as a result of any of the circumstances described in clauses (i), (ii) or (iii) above, the County shall utilize the following remedies in the following order of priority: x) reduce the costs of operating the Disposal System to the extent practicable; and y) utilize Unrestricted Reserves to pay costs of the Disposal System. The County will not be required to utilize such remedies prior to adjusting the Contract Rate as a result of any of the circumstances described in clauses (iv), (v) or (vi) above. Any adjustments to the Contract Rate permitted by this Section shall be calculated by the County to reflect the actual costs or expenses of addressing the circumstance or circumstances pursuant to which the adjustment is authorized. The County agrees that it will evaluate the feasibility of long term financing for significant capital costs where appropriate. B) Countv Acceptable Waste Shortfall. In the event that the actual amount of County Acceptable Waste delivered to the Disposal System at the end of any Contract Year is less than the Cumulative Tonnage Target for such Contract Year for County Acceptable Waste, as specified in Appendix 2, the County shall utilize the following options, in the following order of priority, in order to remedy any adverse effects of such tonnage shortfall: i) reduce the costs of operating the Disposal System to the extent practicable; ii) utilize Restricted Reserves described in clause (iii) of Section 4.5 to pay costs of the Disposal System; iii) utilize Unrestricted Reserves to pay costs of the Disposal System; and iv) adjust the Contract Rate. In the event that implementation of the steps described above does not result in sufficient revenues to satisfactorilyaddresstheshortfallintonnage, the County shall have the right to terminate the Agreement on 60 days written 16 Execution Copy City Council 22 – 23 5/20/2025 notice to the City. In addition, in the event that actual deliveries to the Disposal System exceed the Cumulative Tonnage Target as of the end of any Contract Year, the City acknowledges the County shall have the right to establish reserves intended to reflect the potential for lower than expected annual waste deliveries in subsequent years, and that any such reserves shall constitute "Restricted Reserves". C) [RESERVED] D) Interim Use of Remedies. In the event that, during any Contract Year, waste deliveries to the Disposal System are 25% or more below delivery projections for such Contract Year with the result that the County determines it is unlikely that the Cumulative Tonnage Target will be achieved as of the end of such Contract Year, the County may utilize the remedies described in Section 4.2(B) prior to the end of such Contract Year; provided, however, that if at the end of such Contract Year, the Cumulative Tonnage Target is actually met, the County shall reimburse any adjustments to the Contract Rate made pursuant to this Section to Participating Cities. Such reimbursement may be given as a credit or adjustment to the Contract Rate for future deliveries, rather than a lump sum payment. E) Special Charges. Notwithstanding Section 4.2(A), the County shall have the right to impose special charges for the receipt of hard to handle materials, such as bulky materials, construction and demolition debris, tree stumps and sludge. Such special charges shall be calculated to reflect the reasonable incremental costs to the County of accepting such hard to handle materials. In addition, in the event that the Board of Supervisors of the County makes a determination to implement a facility (including but not limited to a transfer station, landfill, conversion technology facility, or a materials recovery or processing facility), which facility would be intended to provide for disposal alternatives after the closure of one or more of the landfills currently operating within the Disposal System, the County may impose an additional charge of $0.50 per ton of Acceptable Waste in order to pay the costs of the study, development, planning, construction and/or operation of such facility. Adjustments pursuant to this Section 4.2(E) shall not require compliance with the provisions of Section 4.2(I). F) Escalation. The Contract Rate shall be adjusted each July 1, beginning July 1, 2011. The change will be equal to the positive percentage change in the Consumer Price Index -All Urban Consumers, U.S. city average, All items, Not Seasonally Adjusted, Series ID CUUROOOOSAO ("CPI") as measured from the October 21 months prior to the rate adjustment to the October immediately preceding the rate adjustment. For example: The July I, 2011 rate adjustment shall be based upon the index change from October 2009, to October 2010, referred to as year 1 and year 2 respectively in the following example . Formula to calculate percentage change in the Contract Rate: Step 1: October Year 2 CPI _ 1 = % increase in Contract RateOctoberYear1CPI Step 2: Current Contract Rate x (1+ % increase in Contract Rate) =Contract Rate as of July I Year 2 On each April 1, commencing April 1, 2011, the County shall provide the City with notice of the adjustment to the Contract Rate to be effective the following July 1. Such notice shall contain the calculation of the adjustment set forth above. The County will calculate the new Contract Rate each year. In the event that the change in the CPI is negative, no rate adjustment will be made for that year. No adjustment under this Section 4.2(F) will take place until the October CPI index surpasses the index level as of the October immediately preceding the last annual rate adjustment pursuant to this Section 4.1(F), which will be considered "year 1" in calculating the change in the Contract Rate. 17 Execution Copy City Council 22 – 24 5/20/2025 For example, if the CPI is measured as follows: October 2009 = 205, October 2010 = 204, October 2011 = 201, October 2012 = 208, then there would be no adjustment in July 2011, or July 2012, and an adjustment equal to the change from 205 to 208 would be implemented on July 1, 2013. Adjustments pursuant to this Section 4.2(F) shall not require compliance with the provisions of Section 4.2(1). G) Adjustment Resulting from Increased Fees. In addition to the other adjustments specified herein, the Contract Rate shall be adjusted to reflect the imposition of new fees or increase in existing fees relating to the disposal of Controllable Waste imposed by state, federal or other agencies (i.e., the State's Integrated Waste Management fee, which is currently $1.40 per ton). The adjustment shall be equal to the amount of any new or increased fee, and the adjustment shall take effect so as to coincide with the imposition of the new or increased fee. The County shall provide notice of any increase pursuant to this Section 4.2(G) as soon as practicable after becoming aware of the imposition of any fees described above. Adjustments pursuant to this Section 4.2(G) shall not require compliance with the provisions of Section 4.2(I). H) Calculation of Cumulative Inflation Rate. For purposes of Section 4.2(A)(iv) for adjustments prior to July 1, 2011, the inflation shall be calculated as the change in the CPI between July of the year of calculation and July 1, 2008. Inflation shall be deemed to exceed the levels set forth below if the ratio between the CPl for July for the year of calculation (calculated in accordance with the formula below) and July 2008 exceeds the ratio corresponding to such year of calculation on the table below. The ratio shall be calculated in accordance with the following formula: July CPI of calculation year /CPI for July 2008) Year of Calculation Ratio Jul 1, 2008 1.0000 Jul 1, 2009 1.0356 Jul 1, 2010 1.0723 In the event the CPI is no longer published during the term of this Agreement, such other index identified by the Bureau of Labor Statistics or otherwise generally accepted as a replacement for CPI shall be used for purposes of this Agreement. In the event of an adjustment to the Contract Rate pursuant to this section 4.2(H), such adjustment shall be applied to the Contract Rate effective until June 30, 2010, and the Contract Rate effective July 1, 2010. Adjustments pursuant to this Section 4.2(H) shall not require compliance with the provisions of Section 4.2(I). 1) Procedure for Rate Adjustments. In the event the County determines that it is entitled to an adjustment of the Contract Rate pursuant to Section 4.2(A) (other than 4.2(A)(iv)) or Section 4.2(B), it shall utilize the procedures described in this Section 4.2(I). The County shall be required to provide the City with at least 90 days prior written notice of the adjustment, which notice shall identify the specific event(s) or circumstances which require the adjustment. The notice shall also specify the earliest date on which the County Board of Supervisors shall consider the proposed adjustment. At least 45 days prior to such meeting of the Board of Supervisors, the County shall provide the City with a report which shall contain the following information: a description of the specific event(s) or circumstances which require the adjustment; a description (including cost estimates) of any activities (which may include, but not be limited to capital improvements to the Disposal System) required in order to remedy such event or circumstance; certification by the County that it has implemented the remedies described in Section 4.2(A) or (B) prior to requiring the rate adjustment; and a description of the methodology used by the County to calculate the adjustment to the Contract Rate (hereinafter the "County Report"). In the event the City disputes the adjustment, it shall provide the County with a written description of the reason for the dispute at least 10 days prior to the meeting of the Board of Supervisors identified in the initial notice of the County (hereinafter the "City Report"). The City Report shall be provided to the Board of Supervisors for 18 Execution Copy City Council 22 – 25 5/20/2025 consideration at such meeting in connection with the proposed rate adjustment. At any time from and after the date that the County provides the City with the County Report, upon the request of either party, the City and County shall meet and confer in good faith to resolve any dispute that may arise regarding the proposed adjustment to the Contract Rate. In any such meeting, the County shall be represented by the Director of the Department or his or her designee. In the event the Board of Supervisors approves all or a portion of the proposed rate adjustment, such rate adjustment shall become effective on the date identified in the initial notice sent by the County regardless of whether or not the procedures in Section 4.2(J) are utilized, but subject to potential reimbursement pursuant to clause (1 I) of Section 4.2(J). J) Procedure for Expedited Judicial Review of Contested Rate Adjustment. In the event that, within 30 days after the effective date of any Contract Rate adjustment made pursuant to Section 4.2(I), Participating Cities which, in the aggregate, accounted for more than 50% of the County Acceptable Waste delivered to the County System in the twelve months preceding the Contract Rate adjustment, provide notice to the County of their election to utilize the procedures described in this Section 4.2(J), then the provisions of this Section 4.2(J) shall be utilized by such Participating Cities and the County to resolve the dispute over the Contract Rate Adjustment. In the event that Participating Cities which have delivered the amount of waste contemplated in the preceding sentence do not provide notice to the County of such election, the County shall have no obligation to participate in or cooperate in the implementation of the procedures described below in this Section 4.2(J). 1) In order to pursue the expedited judicial determination described in this Section the "Expedited Rate Determination"), the Participating Cities which have made the election described in the paragraph above (the "Challenging Cities") must commence a civil action for breach of contract (the "Action") in the Orange County Superior Court within 45 days of the date on which the Board of Supervisors approves the challenged adjustment to the Contract Rate. 2) Within two (2) days of filing the Action, the Challenging Cities shall personally serve on the County Counsel both the summons and complaint, and a stipulation and request for the entering of an order incorporating all of the procedural provisions relating to the Expedited Rate Determination as set forth in this Section 4.2(J) (such stipulation and request for order is hereinafter referred to as the "Expedited Rate Determination Stipulation"). The Expedited Rate Determination Stipulation shall be signed by each of the Challenging Cities. 3) Within fifteen (IS) days of the date of service upon the County of the summons and complaint, and Expedited Rate Determination Stipulation, the County Counsel shall execute the Expedited Rate Determination Stipulation and personally serve upon the Challenging Cities through their counsel of record the Expedited Rate Determination Stipulation and its answer to the complaint in the Action. The Stipulation shall also include a waiver by each of the parties of their right to a jury trial of the issues raised in the Action. The City and the County mutually agree that the duty to execute the Expedited Rate Determination Stipulation and comply with the procedures set forth for Expedited Rate Determination in this Section 4.2(J) shall be, and are hereby deemed to be, ministerial duties which the law specifically enjoins upon each of them, and shall be subject to enforcement bythepartieshereinpursuanttoCodeofCivilProcedureSection1085, et .reg., or by means of a complaint for specific performance. 4) Within three (3) days of the date of service by the County upon the ChallengingCitiesofthefullysignedExpeditedRateDeterminationStipulation, the County and the Challenging Cities shall jointly make ex pane application to the Orange County Superior Court in the Action for the issuance of the order contained in the Expedited Rate Determination Stipulation. At such ex pane application, the County and the Challenging Cities shall also seek to confirm with the Orange County Superior Court the briefing schedule, and request a hearing date in accordance with the procedures set forth in this Section 4.2(J). 5) Within ten (10) days of the date of service by the County upon the ChallengingCitiesoftheanswerintheExpeditedRateDetermination, the Challenging Cities shall file with the court and personally serve upon the County the Challenging Cities' opening brief and the Record in the Expedited Rate Determination. The opening brief shall not exceed IS pages in length. The Record shall consist of, and be limited to, the record of the proceedings before the Board of Supervisors with respect to the adjustment of the Contract Rate, including but not limited to the County Report and the City Report prepared by each or any of the ChallengingCitiespursuanttoSection4.2(I), any materials filed or lodged with the Board of Supervisors and the Orange County 19 Execution Copy City Council 22 – 26 5/20/2025 Waste Commission, the transcript of the proceedings of the Board of Supervisors meeting and the Orange County Waste Commission, the minutes of the Board of Supervisors and the Orange County Waste Commission meeting, and the resolution and/or other documentation evidencing action by the Board of Supervisors and the Orange County Waste Commission to adjust the Contract Rate pursuant to Section 4.2(A) or (B). The record shall also include the most recent reports prepared pursuant to Sections 4.6 and 4.7. The Expedited Rate Determination shall be decided solely on the evidence in the Record, and no extrinsic evidence shall be submitted to or considered by the Court. 6) Within ten (10) days of service by the Challenging Cities of their opening brief and the Record, the County shall file and personally serve upon the Challenging Cities the County's opposition brief. The opposition brief shall not exceed l5 pages in length. 7) Within five (5) days of service by the County upon the Challenging Cities of the opposition brief, the Challenging Cities may file and personally serve upon the County a rebuttal brief, which shall not exceed 10 pages in length. 8) The trial of the Expedited Rate Determination shall be conducted as a hearing which shall be conducted at the date set by the court in the ex parte hearing conducted pursuant to Section 4.2(J)(4), or such other date and time ordered by the court. If the court requests the parties to prepare supplemental briefs in response to any question or issue raised by the court, the parties may do so. 9) The standard of review for the Expedited Rate Determination shall be the preponderance of the evidence based upon the Record. The burden of proof shall be borne by the Challenging Cities, and the burden of proof shall be the same as with respect to a plaintiff in a damages action for breach of contract. Both parties have participated in the drafting of this Agreement. Accordingly, nothing set forth in this Agreement shall be interpreted or construed for or against either of the parties as a consequence of their participation in the drafting of this Agreement. 10) The court shall issue its written statement of decision and enter judgment within thirty (30) days of the date of the hearing in the Expedited Rate Determination. 11) if the court determines that any portion of the County's adjusted Contract Rate which is the subject of the Expedited Rate Determination was improperly imposed, the County shall, within 30 days of the date of the statement of decision, reimburse to the City the amount improperly imposed, together with interest calculated at the highest percentage rate that does not constitute usury under California laws. Such reimbursement may be made in the form of a reduction in the Contract Rate for a future period (not to exceed twelve months) reasonably calculated to provide full reimbursement of the amounts described above. 12) If for any reason the court does not sign the order contained in the Expedited Rate Determination Stipulation, the City shall, within 30 days of the court's denial of such requested order, file with the court and personally serve upon the County a motion for summary judgment and/or motion for judgment on the pleadings, in accordance with Code of Civil Procedure Section 437(c) and 438. By executing this Agreement, the parties hereby stipulate that, in the event that the Challenging Cities file such summary judgment motion and/or motion for judgment on the pleadings, the Record shall be deemed to have been incorporated into the complaint and answer filed by the Challenging Cities and the County, and no evidence outside of the Record is relevant or material to the dispute raised in the Expedited Rate Determination. The briefing schedule and hearing on such motion for summary judgment and/or motion for judgment on the pleadings shall be in accordance with Code of Civil Procedure Section 437(c). The Challenging Cities and the County shall be bound by all of the requirements and restrictions set forth in Section 4.2(J) that are not in conflict with this paragraph (12). 13) In the event that the court both does not sign the order contained in the Expedited Rate Determination Stipulation and either does not hear or does not issue a ruling on the merits on the motion for summary judgment and/or judgment on the pleadings which is diapositive of the issues, claims and causes of action in the complaint filed by the Challenging Cities, the County and the Challenging Cities shall, within twenty days following the issuance of the Court's order or decision not to honor the parties' stipulation or not to hear the parties' motion for summary judgment, make application to the Presiding Judge of the Orange County 20 Execution Copy City Council 22 – 27 5/20/2025 Superior Court for an expedited hearing or trial date. The Challenging Cities and the County shall be bound by all of the requirements and restrictions set forth in Section 4.2(J) that are not in conflict with this paragraph (13). In this regard, and without limiting the foregoing, the only evidence to be presented at the hearing or trial shall be the Record, no testimony shall be presented at the hearing or trial; and both the County and the Challenging Cities waive all rights to a j ury trial, to any reconsideration of the decision of the court, to a new trial after the court renders a decision, and to any appeal or review of the decision of the court. SECTION 4.3 RESPONSIBILITY FOR PAYMENT OF THE CONTRACT RATE. A) Payment by City. In the event and to the extent (1) the City uses municipal collection forces directly for the haulage of Controllable Waste to the Disposal System or (2) the City uses non-municipal Franchise Haulers for collection but nonetheless elects to pay the Contract Rate from City revenues, the City, as its own Franchise Hauler, shall have direct responsibility for payment of the Contract Rate, and shall take all such budgetary, appropriation and other action as may be necessary to provide for the timely payment of the Contract Rate. Such action may include, depending upon the means authorized by the City to provide for such payment, the levy and collection of general or special taxes, the imposition of benefit assessments, or the collection of user fees, generator charges or other similar impositions for municipal solid waste disposal. The City shall use best efforts in accordance with Applicable Law to levy and impose all such taxes, assessments, fees or charges, and will take all steps, actions and proceedings for the enforcement, collection and payment of all such amounts which shall become delinquent, to the full extent permitted by Applicable Law. To the extent provided in Section 7.5 hereof, the obligation of the City for such Contract Rates shall be limited to amounts in the City's Solid Waste Enterprise Fund. From the Commencement Date to the date of expiration or termination of this Agreement, the obligation to the City to pay the Contract Rate, to the extent the City rather than Franchise Haulers is responsible directly for payment and provided that the Service Covenant has been complied with, shall be absolute and unconditional and shall not be subject to delay or diminution by reason of set-off, abatement, counterclaim, existence of a dispute or otherwise. B) Payment by Franchise Haulers. With respect to Controllable Waste delivered by Franchise Haulers other than City municipal collection forces, the obligation to pay the Contract Rate shall rest with such Franchise Haulers and not with the City and, unless the City has agreed with the County to be responsible for Franchise Hauler payments, the City shall not be financially responsible for any delay or failure by such Franchise Hauler to pay the Contract Rate or any portion thereof when due. In the event of any such failure, the County and the City shall cooperate with each other and use their best efforts to obtain timely payment. Such efforts by the County may include, as appropriate, requiring cash payments for disposal rights from such Franchise Hauler and bringing a legal proceeding for payment and damages. Such efforts by the City may include, as appropriate, legal proceedings to suspend, revoke or tenninate the Franchise Hauler's franchise, permit or license rights. C) Disputes. If the City or the Franchise Hauler disputes any amount billed by the County in any Billing Statement, the City or the Franchise Hauler shall nonetheless pay the billed amount and shall provide the County with written objection within 30 days of the receipt of such Billing Statement indicating the amount that is being disputed and providing all reasons then known to the City or the Franchise Hauler for any objection to or disagreement with such amount. If the City or the Franchise Hauler and the County are not able to resolve such dispute within 30 days after the City's or the Franchise Hauler's objection, either party may pursue appropriate legalremedies. SECTION 4.4 BILLING OF THE CONTRACT RATE. The County shall continue to bill Contract Rates after the Commencement Date, in the same manner as it has customarily billed tipping fees. Subject to the other provisions of this Agreement, the County shall have the right to modify or amend such manner of billing on reasonable notice to affected parties. SECTION 4.5 RESTRICTED RESERVES. For purposes of this Agreement, "Restricted Reserves" means cash and other reserves of the Disposal System which are restricted to specific uses or are otherwise beingreservedbytheCountytomeetitsobligationshereunderthroughoutthetermoftheAgreementwithrespecttothe Disposal System pursuant to any Applicable Law, contract, adopted budget, budgetary policy of the County with respect to the Disposal System, or other arrangement. Such cash and other reserves are not required to be depositedinseparateaccountsorfundsinordertoconstitute "Restricted Reserves" hereunder, and may be commingled with 21 Execution Copy City Council 22 – 28 5/20/2025 Unrestricted Reserves or other funds of the County attributable to the Disposal System. "Restricted Reserves" shall include, but not be limited to, the following: i) reserves for closure of components of the Disposal System to the extent required by Applicable Law; ii) amounts reserved by the County for funding of post closure maintenance and monitoring with respect to components of the Disposal System; iii) reserves established to protect the Disposal System against the adverse financial impact of potential decreases in waste deliveries pursuant to Section 4.2(B); iv) amounts reserved to pay the costs of capital improvements with respect to the Disposal System; v) amounts funded from revenues during the early years of the term of the Agreement reserved to enable the County to provide disposal services for the Contract Rate during the later years of the Agreement; vi) amounts temporarily held by the County prior to payment to the State or other Governmental Bodies pursuant to Applicable Law (including any fees or charges payable to the State IntegratedWasteManagementBoard); vii) reserves required to meet bond covenants pursuant to financing agreements for Disposal System assets to the extent such amounts must be legally separate and distinct from other reserves identified in this Section; viii) security deposits from landfill deferred payment program users; ix) amounts held by the County in the Environmental Fund (provided, however, that such amounts in the Environmental Fund will be made available and used by the County if required to pay costs relating to environmental remediation or other related costs); x) AB939 surcharges; xi) amounts held by the County in the Corrective Action Fund held pursuant to CCR Title 27 to demonstrate financial assurance to pay for potential groundwater contamination; and xii) an amount equal to three months of budgeted expenses for the Disposal Systemforthecurrentfiscalyear, representing working capital of the Disposal System. SECTION 4.6 AUDITED FINANCIAL STATEMENTS. The County shall annually, on or before January 1 each year, prepare or cause to be prepared and have on file for inspection an annual report for the preceding Contract Year, accompanied by a certificate of an independent public accountant or of the County Auditor and Controller as to the examination of the financial statements therein (describing such statements as fairlypresentingtheinformationthereininconformitywithgenerallyacceptedaccountingprinciples) relating to the Disposal System, the Disposal Services, and the fiscal activities of the County OC Waste Disposal Enterprise Fund,and including statements in reasonable detail of the financial condition of the County OC Waste Disposal EnterpriseFundasoftheendoftheContractYearandrevenueandexpensesfortheContractYear. SECTION 4.7 ANNUAL UPDATE OF TEN-YEAR FINANCIAL PROJECTION. The County shall annually, on or before May 1 of each year, prepare or cause to be prepared, an updated Ten-Year Financial Projection for the Disposal System. Said Financial Projection shall include at least two full years of prior actual data and ten years of future projections including the following elements: 22 Execution Copy City Council 22 – 29 5/20/2025 1. County Acceptable Waste, in tons; 2. Imported Acceptable Waste, in tons; 3. Revenues and expenditures; 4. Cash fund balances, including all monies in the County Solid Waste Enterprise Fund, with specific delineation of monies in the Environmental Fund, Restricted Reserves, Unrestricted Reserves, and all other funds of the System. 5. Projected liabilities for closure and post closure as well as reasonable reserves for other environmental costs. The purpose of the Ten-Year Financial Projection is to keep the City fully informed about the future financial condition of the Disposal System. The County shall cause a copy of the Ten-Year Financial Projection to be delivered to the City Manager of the City no later than May 1 of each year. Upon request, the County shall make available to the Cities supporting information related to the ten-year financial projection ARTICLE V BREACH, ENFORCEMENT AND TERMINATION SECTION 5.1 BREACH. The parties agree that in the event either party breaches any obligation under this Agreement or any representation made by either party hereunder is untrue in any material respect, the other party shall have the right to take any action at law or in equity (including actions for injunctive relief, mandamus and specific performance) it may have to enforce the payment of any amounts due or the performance of any obligationstobeperformedhereunder. Neither party shall have the right to terminate this Agreement except as provided in Section 5.2 and Section 5.3 hereof or as otherwise provided in this Agreement. SECTION 5.2 CITY CONVENIENCE TERMINATION. The City shall have the right to terminate this Agreement in its sole discretion, for its convenience and without cause at any time during the Term hereof upon90days' written notice to the County. If the City exercises its rights to terminate the Agreement pursuant to this Section, the City shall pay the County a termination fee equal to the Contract Rate in effect at the time of such termination (or any higher rate with respect to which the County has provided notice pursuant to Section 4.2)multiplied by the number of tons of City Acceptable Waste delivered to the Disposal System during the precedingtwelvemonths (or, if the City had been in breach of the Waste Disposal Covenant during such prior months, such amount as would have been delivered if the City had complied with the Waste Disposal Covenant), multiplied by the number of years remaining in the Term of the Agreement. SECTION 5.3 TERMINATION. A) B Cit . Except as expressly provided herein, the City shall have no right to terminatethisAgreementforcauseexceptintheeventoftherepeatedfailureorrefusalbytheCountysubstantiallytoperform any material obligation under this Agreement unless such failure or refusal is excused by an Uncontrollable Circumstance; except that no such failure or refusal shall give the City the right to terminate this Agreement for cause under this subsection unless: 1) The City has given prior written notice to the County stating that a specifiedfailureorrefusaltoperformexistswhichwill, unless corrected, constitute a material breach of this Agreement onthepartoftheCountyandwhichwill, in its opinion, give the City the right to terminate this Agreement for causeunderthissubsectionunlesssuchbreachiscorrectedwithinareasonableperiodoftime, and 2) The County has neither challenged in an appropriate forum (in accordance withSection5.5) the City's conclusion that such failure or refusal to perform has occurred or constitutes a materialbreachofthisAgreementnorcorrectedordiligentlytakenstepstocorrectsuchbreachwithinareasonableperiodoftimenotmorethan90daysfromthedateofthenoticegivenpursuanttoclause (1) of this subsection (but if the Execution Copy 23 City Council 22 – 30 5/20/2025 County shall have diligently taken steps to correct such breach within such reasonable period of time, the same shall not constitute a breach giving rise to the right of termination for as long as the County is continuing to take such steps to correct such breach). B) By County. Except as expressly provided herein, the County shall have no right to terminate this Agreement for cause except in the event of the repeated failure or refusal by the City substantially to perform any material obligation under this Agreement unless such failure or refusal is excused by an Uncontrollable Circumstance; except that no such failure or refusal shall give the County the right to terminate this Agreement for cause under this subsection unless: 1) The County has given prior written notice to the City stating that a specified failure or refusal to perform exists which will, unless corrected, constitute a material breach of this Agreement on the part of the City and which will, in its opinion, give the County right to terminate this Agreement for cause under this subsection unless such breach is corrected within a reasonable period of time, and 2) The City has neither challenged in an appropriate forum (in accordance with Section 5.5) the County's conclusion that such failure or refusal to perform has occurred or constitutes a material breach of this Agreement nor corrected or diligently taken steps to correct such breach within a reasonable period of time not more than 90 days from the date of the notice given pursuant to clause (1) of this subsection (but if the City shall have diligently taken steps to correct such breach within such reasonable period of time, the same shall not constitute a breach giving rise to the right of termination for as long as the City is continuing to take such steps to correct such breach). SECTION 5.4 NO WAIVERS. No action of the County or the City pursuant to this Agreement including, but not limited to, any investigation or payment), and no failure to act, shall constitute a waiver by either party of the other party's compliance with any term or provision of this Agreement. No course of dealing or delay by the County or the City in exercising any right, power or remedy under this Agreement shall operate as a waiver thereof or otherwise prejudice such party's rights, powers and remedies. No single or partial exercise of (or failure to exercise) any right, power or remedy of the County or the City under this Agreement shall preclude any other or further exercise thereof of the exercise of any other right, power or remedy. SECTION 5.5 FORUM FOR DISPUTE RESOLUTION. It is the express intention of the parties that all legal actions and proceedings related to this Agreement or to the Disposal System or to any rights or any relationship between the parties arising therefrom shall be solely and exclusively initiated and maintained in courts of the State of California having appropriate jurisdiction. ARTICLE VI TERM SECTION 6.1 EFFECTIVE DATE AND TERM. A) Initial Term. This Agreement shall become effective, shall be in full force and effect and shall be legally binding upon the City and the County from the Contract Date and shall continue in full force and effect until June 30, 2020, unless earlier terminated in accordance with its terms, in which event the Term shall be deemed to have expired as of the date of such termination. B) Option to Renew. This Agreement shall be subject to renewal by mutual agreement of the parties, on or before June 30, 2018, for an additional term often years (the "Renewal Term") on the same terms and conditions as are applicable during the Initial Term hereof. The City shall give the County written notice of its irrevocable election to renew this Agreement on or before June 30, 2017. If the parties do not renew this Agreement by June 30, 2018, the Agreement shall expire on June 30, 2020. C) Contract Rate During Renewal Term. In connection with the parties' right to renew this Agreement for an additional ten-year term pursuant to Section 6.1(B), the parties shall, on or before June 30, 2018, negotiate an applicable change in the Contract Rate for such renewal term. In determining any revisions to the 24 Execution Copy City Council 22 – 31 5/20/2025 Contract Rate to be applicable during any renewal period, in addition to the circumstances described in Section 4.2(A), the parties may take into consideration the following parameters, including but not limited to: i) actual cost of operations; ii) population growth; iii) increase or decrease in available tonnage; iv) economic and disposal market conditions in the Southern California region; v) changes in transportation and technology; vi) closure and expansion of nearby landfills; vii) capacity of the Disposal System; and viii) available reserves which are in excess of the amount reasonably required as reserves. D) Survival: Accrued Rights. The rights and obligations of the parties hereto pursuant to Sections 3.1(E)(2), 5.1, 5.3, 5.5, 7.2, 7.3, 7.5, 7.7, 7.8, 7.9, and 7.10 hereof shall survive the termination or expiration of this Agreement, and no such termination or expiration shall limit or otherwise affect the respective rights and obligations of the parties hereto accrued prior to the date of such termination or expiration. At the end of the Term of this Agreement, all other obligations of the parties shall terminate. SECTION 6.2 COMMENCEMENT DATE A) Oblieations of the Parties Prior to the Commencement Date. The parties acknowledgethattheDisposalAgreementsmaybeexecutedanddeliveredondifferentdatesandthat, except as provided in this subsection, neither the County nor the City shall be obligated to perform its obligations hereunder until the participation threshold provided herein has been met and the other conditions to the occurrence of the Commencement Date have occurred. Prior to the Commencement Date, each party hereto shall at its own expenseexercisegoodfaithandduediligenceandtakeallstepswithinitsreasonablecontrolinseekingtosatisfythe conditions to the Commencement Date set forth herein as soon as reasonably practicable. The County and the City,each at its own expense, shall cooperate fully with each other and the other Participating Cities in connection with the foregoing undertaking. Until the Commencement Date occurs, the Original WDAs shall remain in full force and effect. B) Condition to the Commencement Date. The Commencement Date for the AgreementshallbethedateonwhichthepercentageoftheCounty's Acceptable Waste attributable to Participating Cities which have executed and delivered Disposal Agreements shall exceed 85% percent (using the percentage rates attributed to such Cities in Appendix 1). Unincorporated County is assumed to be a Participating City for the purposes of determining the Commencement Date in accordance with this Section 6.2(b) and Appendix 1 of this Agreement. C) Satisfaction of Condition and Commencement Date. Upon the satisfaction or waiver of the condition to the Commencement Date, the County shall give written notice thereof to the cities which have theretofore executed Disposal Agreements. The parties shall thereupon hold a formal closing acknowledging the satisfaction or waiver of the condition to the Commencement Date, certifying that the Commencement Date has occurred and designating the Participating Cities. Copies of all of the documents or instruments constituting or evidencing satisfaction of the Commencement Date conditions shall be furnished to each party prior to or on the Commencement Date. 25 Execution Copy City Council 22 – 32 5/20/2025 D) Newlv Incorporated Cities. Any city within Orange County which becomes incorporated after the Commencement Date shall upon request be offered the opportunity by the County to become a Participating City. If any such City executes a Disposal Agreement and meets the applicable condition provided in subsection 6.2(B) hereof within 180 days following the date of its municipal incorporation, then such City shall be entitled to execute a Waste Disposal Agreement on substantially the same terms and conditions as this Agreement including the Contract Rate), notwithstanding the limitations contained in Section 3.6(B). E) Failure of Condition. If by [ 120 DAYS AFTER BOARD APPROVAL], or such later date as the County may agree, the condition to the Commencement Date specified in this Section is not satisfied, either party hereto may, by notice in writing to the other party, terminate this Agreement. Neither party shall be liable to the other for the termination of this Agreement pursuant to this subsection, and each of the parties shall bear its respective costs and expenses incurred in seeking to satisfy the condition to the Commencement Date. Notwithstanding anything in this Agreement to the contrary, in the event that this Agreement is terminated pursuant to this Section, the provisions of the Original WDA shall remain in full force and effect on the terms and conditions set forth therein. ARTICLE VII GENERAL PROVISIONS SECTION 7.1 OPERATION AND MAINTENANCE OF THE DISPOSAL SYSTEM. The County, at its cost and expense through the County Solid Waste Enterprise Fund, shall at all times operate, or caused to be operated, the Disposal System in accordance with Applicable Law and the operating rules and regulations of the Department. SECTION 7.2 UNCONTROLLABLE CIRCUMSTANCES GENERALLY. A) Performance Excused. Except as otherwise specifically provided in this Agreement, neither the County nor the City shall be liable to the other for any failure or delay in the performance of any obligation under this Agreement (other than any payment at the time due and owing) to the extent such failure or delay is due to the occurrence of an Uncontrollable Circumstance. B) Notice. Mitigation. The party experiencing an Uncontrollable Circumstance shall notify the other party by telecommunication or telephone and in writing, on or promptly after the date the party experiencing such Uncontrollable Circumstance first knew of the commencement thereof, followed within 15 days by a written description of (1) the Uncontrollable Circumstance and the cause thereof (to the extent known), (2) the date the Uncontrollable Circumstance began and the cause thereof, its estimated duration, the estimated time duringwhichtheperformanceofsuchparty's obligations hereunder will be delayed, (3) the estimated amount, if any, by which the Contract Rate may need to be adjusted as a result of such Uncontrollable Circumstance, (4) its estimated impact on the other obligations of such party under this Agreement and (5) potential mitigating actions which might be taken by the County or City and any areas where costs might be reduced and the approximate amount of such cost reductions. Each party shall provide prompt written notice of the cessation of such Uncontrollable Circumstance. Whenever such act, event or condition shall occur, the party claiming to be adversely affected thereby shall, as promptly as reasonably possible, use its best efforts to eliminate the cause therefor, reduce costs and resume performance under this Agreement. In addition, with respect to Changes in Law, the County shall diligently contest any such changes the imposition of which would have a material adverse impact on the Disposal System. While the delay continues, the County or City shall give notice to the other party, before the first day of each succeeding month, updating the information previously submitted. C) Impact on Contract Rate. If and to the extent that Uncontrollable Circumstances interfere with, delay or increase the cost to the County of meeting its obligations hereunder and providing Disposal Services to the Participating Cities in accordance herewith, the County shall be entitled to an increase in the Contract Rate as provided in Section 4.2 herein or an extension in the schedule for performance equal to the amount of the increased cost or the time lost as a result thereof. The proceeds of any insurance available to meet any such increased cost shall be applied to such purpose prior to any determination of cost increases payable under this subsection. Any cost reductions achieved through the mitigating measures undertaken by the County pursuant to subsection 7.2(B) hereof upon the occurrence of an Uncontrollable Circumstance shall be reflected in a reduction of the amount by which the 26 Execution Copy City Council 22 – 33 5/20/2025 Contract Rate would have otherwise been increased or shall serve to reduce the Contract Rate to reflect such mitigation measures, as applicable. SECTION 7.3 INDEMNIFICATION. To the extent permitted by law, the County agrees that, it will protect, indemnify, defend and hold harmless the City from and against all Loss-and-Expense arising from the City's activity as an "arranger" (for purposes of and as such term is defined under CERCLA or comparable state statutes) of municipal solid waste disposal pursuant to this Agreement. In the event the City shall determine that because of conflict or any other reason that it wishes to be defended by legal counsel other than the legal counsel provided by the County, the cost of providing such legal counsel shall be the City's sole responsibility. The City acknowledges the County's legitimate interest in actively participating in any defense, litigation or settlement whether the County or the City provides legal counsel. Any costs incurred by the County pursuant to this Section shall be considered an Uncontrollable Circumstance cost and the County shall be entitled to adjust the Contract Rate as provided in subsection 4.2(A) herein. The County shall not, however, be required to indemnify or defend the City from and against all Loss-and-Expense arising from any willful, knowing, illegal or negligent disposal of hazardous waste other than incidental amounts of Household Hazardous Waste commonly found in municipal solid waste and permitted to be disposed in Class III landfills under RCRA) which violates the County's landfill permits or Applicable Law. The parties agree that this provision constitutes an indemnity under CERCLA (to the extent of the specific provisions of this Section). The parties acknowledge that this subsection is not intended to and does not create any obligation on the part of the County to provide any indemnification or defense to any Franchise Hauler, whether franchised or not, or any Independent Hauler or Transfer Station, under any circumstances. The City acknowledges the County's legitimate interest in actively participating in any defense, litigation or settlement, and shall, as a condition to this indemnity, coordinate fully with the County in the defense. SECTION 7.4 RELATIONSHIP OF THE PARTIES. Neither party to this Agreement shall have any responsibility whatsoever with respect to services provided or contractual obligations or liabilities assumed by the other party hereto, whether accrued, absolute, contingent or otherwise, or whether due or to become due. The County is an independent contractor of the City and nothing in this Agreement shall be deemed to constitute either party a partner, agent or legal representative of the other party or to create any fiduciary relationship between the parties. SECTION 7.5 LIMITED RECOURSE. A) To the Citv. Except in the event the City has not established or maintained a City Solid Waste Enterprise Fund, no recourse shall be had to the general funds or general credit of the City for the payment of any amount due the County hereunder, or the performance of any obligation incurred hereunder, including any Loss- and-Expense of any nature arising from the performance or non-performance of the City's obligations hereunder. The sole recourse of the County for all such amounts shall be to the funds held in any such Solid Waste EnterpriseFund. All amounts held in any City Solid Waste Enterprise Fund shall be held for the uses permitted and required thereby, and no such amounts shall constitute property of the County. The City shall make adequate provision in the administration of any City Solid Waste Enterprise Fund for the payment of any amount or the performance of any obligation which may be due hereunder. B) To the Countv. No recourse shall be had to the general funds or general credit of the County for the payment of any amount due the City hereunder, or the performance of any obligation incurred hereunder, including any Loss-and-Expense of any nature arising from the performance or non-performance of the County's obligations hereunder. The sole recourse of the City for all such amounts shall be to the funds held in the County Solid Waste Enterprise Fund in accordance with the terms of this Agreement. All amounts held in the County Solid Waste Enterprise Fund shall be held for the uses permitted and required thereby, and no such amounts shall constitute property of the City. The County shall make adequate provision in the administration of the CountySolidWasteEnterpriseFundforthepaymentofanyamountortheperformanceofanyobligationwhichmaybedue hereunder. SECTION 7.6 PRE-EXISTING RIGHTS AND LIABILITIES. Nothing in this Agreement is intended to affect, release, waive or modify any rights, obligations or liabilities which any party hereto may have to or againsttheotherpartyasoftheContractDaterelatingtothedisposalofwasteintheDisposalSystemoranyotherrelated matter. 27 Execution Copy City Council 22 – 34 5/20/2025 SECTION 7.7 NO VESTED RIGHTS. The City shall not acquire any vested property, license or other rights in the Disposal System by reason of this Agreement. SECTION 7.8 LIABILITY FOR COLLECTION. TRANSPORTATION AND PROCESSING. Any liability incurred by the City as a result of collecting Acceptable Waste or processing it for diversion from landfill, or as a result of causing, franchising, permitting, licensing, authorizing or arranging any of the foregoing, shall be its sole liability, except as expressly otherwise provided herein. SECTION 7.9 NO CONSEQUENTIAL OR PUNITIVE DAMAGES. In no event shall either party hereto be liable to the other or obligated in any manner to pay to the other any special, incidental, consequential, punitive or similar damages based upon claims arising out of or in connection with the performance or non- performance of its obligations or otherwise under this Agreement, or the material inaccuracy of any representation made in this Agreement, whether such claims are based upon contract, tort, negligence, warranty or other legal theory. SECTION 7.10 AMENDMENTS. Neither this Agreement nor any provision hereof may be changed, modified, amended or waived except by written agreement duly authorized and executed by both parties. SECTION 7.11 NOTICE OF LITIGATION. Each party shall deliver written notice to the other of any Legal Proceeding to which it is a party and which questions the validity or enforceability of this Agreement executed by the City or the County or any Legal Entitlement issued in connection herewith. SECTION 7.12 FURTHER ASSURANCES. At any and all times the City and the County so far as may be authorized by law shall pass, make, do, execute, acknowledge and deliver any and every such further resolutions, acts, deeds, conveyances, instruments, assignments, transfers and assurances as may be necessary or reasonably requested by the other in order to give full effect to this Agreement. SECTION 7.13 ASSIGNMENT OF AGREEMENT. (A) Assi ng ment. Neither this Agreement nor any of the rights or obligations hereunder may be assigned by either party hereto without the prior written consent of the other party, which may be withheld in the other party's sole discretion. Notwithstanding the foregoing, either party may assign this Agreement to another public entity, subject to the reasonable consent of the other party. In such circumstances the party not requesting the assignment shall have the right to demand assurances of the financial, technical and legal ability of the proposed assignee to undertake the responsibilities and obligations of the assigning party. B) Sale. The County shall not enter into any agreement for the sale of the Disposal System which provides for an effective date for such sale prior to the termination of this Agreement. SECTION 7.14 INTEREST ON OVERDUE OBLIGATIONS. Except as otherwise provided herein, all amounts due hereunder, whether as damages, credits, revenue or reimbursements, that are not paid when due shall bear interest at the Overdue Rate on the amount outstanding from time to time, on the basis of a 365-day year, counting the actual number of days elapsed, and all such interest accrued at any time shall, to the extent permitted by Applicable Law, be deemed added to the amount due, as accrued. SECTION 7.15 BINDING EFFECT. This Agreement shall bind and inure to the benefit of the parties hereto and any successor or assignee acquiring an interest hereunder consistent with the provisions of Section 7.13 hereof. SECTION 7.16 NOTICES. Any notice or communication required or permitted hereunder shall be in writing and sufficiently given if delivered in person or sent by certified or registered mail, postage prepaid, to the notice address of the respective parties set forth on the cover page of this Agreement. Changes in the respective addresses to which such notices may be directed may be made from time to time by any party by notice to the other party. 28 Execution Copy City Council 22 – 35 5/20/2025 IN WITNESS WHEREOF, COUNTY and CITY have caused this Agreement to be executed by their duly authorized officers or representatives as of the day and year first above written. COUNTY OF ORANGE Date By Director, OC Waste & Recyc ng ATTEST,. ---- y~ a,`' ~ PATRICIA E. HEALY Clerk of the Council FOR By \ J ES G ROSS Ex utive Director of the Pu [ic W rks Agency APPROVED AS TO FORM: COUNTY COUNSEL ORANGE COUNTY, CALIFORNIA B \ ~} D; ca-~. ~-~ . u APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney Laura Sheedy ` Assistant City Attorney CITY OF SANTA ANA B AVID N. REAM City Manager 29 Execution Copy City Council 22 – 36 5/20/2025 City Council 22 – 37 5/20/2025 APPENDIX 2 Cumulative County Acceptable Waste Tonnage Target to be Used for Purposes of Section 4.2 (B) Fiscal Year County Acceptable Waste Tonnage FY 2008-09 3,170,387 FY 2009-10 3,092,806 FY 2010-11 3,185,590 FY 2011-12 3,344,870 FY 2012-13 3,445,216 FY 2013-14 3,514,120 FY 2014-15 3,549,262 FY 2015-16 3,565,608 FY 2016-17 3,582,033 FY 2017-18 3,598,535 FY 2018-19 3,615,115 FY 2019-20 3,631,774 Cumulative County Acceptable Waste Tonnage 3,170,387 6,263,193 9,448,783 12,793,653 16,238,869 19,752,989 23,302,251 26,867,859 30,449,892 34,048,427 37,663,542 41,295,316 Execution Copy City Council 22 – 38 5/20/2025 APPENDIX 3 CUMULATIVE CAPITAL COSTS to be Used for Purposes of Section 4.2(A)vi Fiscal Year endin June 30 Annual Capital Costs Cumulative Capital Costs 2009 37,939,538 37,939,538 2010 59,343,405 97,282,943 2011 10,433,978 107,716,921 2012 13,678,113 121,395,034 2013 17,525,040 138,920,074 2014 11,259,518 150,179,592 2015 37,682,758 187,862,350 2016 5,068,800 192,931,150 2017 10,662,265 203,593,415 2018 29,397,698 232,991,113 2019 8,263,795 241,254,908 2020 45,103,805 286,358,713 Execution Copy City Council 22 – 39 5/20/2025 APPENDIX 4 FORM OF HAULER ACKNOWLEDGMENT Execution Copy City Council 22 – 40 5/20/2025 FRANCHISE HAULER ACKNOWLEDGMENT THIS FRANCHISE HAULER ACKNOWLEDGMENT, dated as of May 4, 2009 (the Acknowledgment"), by and between the City of Santa Ana (the "City") and USA Waste of California Inc. (the Franchise Hauler"). WTTNESSETH WHEREAS, the City and the Franchise Hauler have heretofore entered into an agreement entitled Third Amended and Restated Agreement for Collection and Handling of Solid Wastes Generated, Produced and/or Accumulated in the City of Santa Ana, dated as of Apri13, 2005 (the "Franchise"); and WHEREAS, the City has issued to the Franchise Hauler a permit, license, approval or other authorization the "Authorization") which allows the Franchise Hauler to provide solid waste collection services within the City; and] WHEREAS, the Franchise authorizes the collection and disposal of certain municipal solid waste as described therein ("Franchise Waste") generated within the City; and] WHEREAS, Orange County (the "County") owns, manages and operates a sanitary landfill disposal system for municipal solid waste generated within the County; and WHEREAS, the City and the County have heretofore entered into a Waste Disposal Agreement, dated as of May 4, 2009 (the "Disposal Agreement") determining that the execution of such Disposal Agreement will serve the public health, safety and welfare of the residents of the City and County, by maintaining public ownership and stewardship over the Orange County Landfill Disposal System (the "Disposal System"); and WHEREAS, under the Disposal Agreement, the County has agreed to provide long-term disposal of all municipal solid waste generated within the City and the City has agreed to exercise all legal, and contractual power which it possesses from time to time to deliver or cause the delivery of such waste to the Disposal System; and WHEREAS, the provisions of the Waste Disposal Agreement which guarantee capacity for the long term disposal of waste at specified rates generated in the City provide significant benefits to the Franchise Hauler; WHEREAS, notwithstanding any Franchise provisions to the contrary, the Franchise Hauler explicitly acknowledges the aforementioned benefits to the City, the County and the Franchise Hauler in providing for the disposal of all Franchise Waste to the Disposal System; and WHEREAS, the City and the Franchise Hauler desire to enter into this Acknowledgment to assure that the City and the Franchise Hauler will be entitled to the benefits of the Waste Disposal Agreement and to assure conformity with the waste delivery obligations which have been agreed to by the City under the Disposal Agreement through the delivery of waste by the Franchise Hauler to the Disposal System; and WHEREAS, the Franchise Hauler's agreement to deliver Franchise Waste to the Disposal System under this Acknowledgment is given in consideration of the Franchise Hauler's right to receive the Contract Rate for such disposal as provided in the Disposal Agreement. NOW, THEREFORE, in consideration of the premises and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto, intending to be legally bound hereby, agree as follows: 1. Capitalized terms used and not otherwise defined herein are used as defined in the Disposal Agreement. Execution Copy City Council 22 – 41 5/20/2025 2. The Franchise Hauler hereby waives any right which it may possess under applicable law to contest on any ground, constitutional, statutory, case law, administrative or otherwise, (a) the right, power or authority of the County or the City to enter into or perform their respective obligations under the Disposal Agreement, (b) the enforceability against the County or the City of the Disposal Agreement, or (c) the right, power or authority of the City to deliver or cause the delivery of all Controllable Waste to the Designated Disposal Facility in accordance with this Acknowledgment. 3. The City and the Franchise Hauler each hereby represent that this Acknowledgment has been duly authorized by all necessary action of their respective governing bodies. 4. The Franchise Hauler shall deliver or cause to be delivered all Controllable Waste (including all residue from the processing by any means, wherever conducted, of Controllable Waste), to the Disposal System, and shall otherwise assist the City in complying with its obligations under the Waste Disposal Covenant in Section 3.1 of the Disposal Agreement. 5. The Franchise Hauler shall not haul Controllable Waste to any materials recovery facility, composting facility, intermediate processing facility, recycling center, transfer station or other waste handling or management facility unless the contract or other agreement or arrangement between the Franchise Hauler and the operator of such facility is sufficient in the opinion of the County to assure that the Residue from such facility constituting City Acceptable Waste (or Tonnage equivalencies) and the City Acceptable Waste transferred by such facility shall be delivered to the Designated Disposal Facility in compliance with the Waste Disposal Covenant. 6. The Franchise Hauler shall pay the Contract Rate imposed by the County at the Designated Disposal Facility for the disposal of all Controllable Waste, which rate shall be subject to potential adjustment necessary to reflect the circumstances set forth in the Disposal Agreement. 7. Nothing in this Acknowledgment is intended to restrict any right or responsibility explicitly given the Franchise Hauler in the Franchise to recycle City Acceptable Waste, except as provided in paragraph 5 above with respect to Residue from any such recycling operations. 8. The obligations of the Franchise Hauler under this Acknowledgment shall apply notwithstanding any provision of the Franchise which may conflict herewith. 9. This Acknowledgment may be enforced by the City by any available legal means. In any enforcement action by the City, the burden of proof shall be on the Franchise Hauler to demonstrate compliance herewith. 10. This Acknowledgment shall be in full force and effect and shall be legally binding upon the City and Franchise Hauler from the dated hereof and shall continue in full force and effect until the earlier of (i) the end of the term of the Franchise or (ii) the end of the term of the Disposal Agreement. 11. The City and Hauler agree that the County shall be an express third party beneficiary of this Acknowledgment, and shall be entitled to independently enforce the obligations of the Franchise Hauler hereunder. 12. The Hauler agrees to assist the County in verifying tonnage collected by the Franchise Hauler and providing information required by the County. Hauler will provide upon request refuse tonnage collected within the County, and outside the County (if relevant to confirming tonnage origination), separated by jurisdiction, by load type (residential, commercial, roll-off box), and by facility to which it was delivered (specify which landfill or transfer station). Hauler will provide customer service levels and route lists. Hauler will cooperate with CountyauditstoverifyreportedoriginoftonnagebymakingrecordsandpersonnelavailabletotheCountyand/or its auditors. Execution Copy City Council 22 – 42 5/20/2025 IN WITNESS WHEREOF, the parties have caused this Acknowledgment to be executed by their duly authorized officers or representatives as of day of , 2009. CITY OF SANTA ANA Signatur Printed Name: `~,, 1'/"lfrt~'12.t..S ~Title: ~~1~1(~-v~~" ~it'1M ~"ILU~L~Y'/ USA WASTE OF CALIFORNIA INC. Signature: Printed Name: Title: ~I~,e - QctS~ Execution Copy City Council 22 – 43 5/20/2025 APPENDIX 1 PERCENTAGE OF COUNTY ACCEPTABLE WASTE ATTRIBUTABLE TO PARTICIPATING CITIES FOR PURPOSE OF SECTION 6.2(b) Jurisdiction Percentage of County Acce table Waste Anaheim 13.4% Santa Ana 10.6% Irvine 5% Huntin ton Beach 6.0% Oran e 5 g% Garden Grove 5.1 Fullerton 4.5% Uninco orated Oran e Coun ~~~4.3% Costa Mesa 3.6% Ne ort Beach 3.0% Lake Forest 2 6% Buena Park 2 5% Mission Vie'o 2 3% Westminster 2 3% Yorba Linda 2 3% Brea 2 1 Tustin 2 0% C ress 1.9% La Habra 1 8% San Clemente l ~% Fountain Valle 1.6% La una Ni uel 1.6% Placentia 1.6% San Juan Ca istrano 1.6% La una Beach 1.4% Dana Point 1.2% Stanton 1.1 Rancho Santa Mar arita 1.0% La una Hills 0.9% Seal Beach 0 g% Aliso Vie'o 0 7% Los Alamitos 0 5% La Palma 0.3% La una Woods 0 2% Villa Park 0 2% Total 100% cviNura~eu ~.ounry is assumeu to be a Participating City for the purposes of determiningtheCommencementDateinaccordancewithSection6.2(b) of this Agreement.2) A Participating City will only be included for purposing of determining the Commencement Date upon (i) execution of a Waste Disposal Agreement by that Participating City and (ii)execution of a Hauler Acknowledgement(s) by the Franchise Haulers) operating within such Participating City Execution Copy City Council 22 – 44 5/20/2025 City Council 22 – 45 5/20/2025 Page 1 of 5 SECOND AMENDMENT TO WASTE DISPOSAL AGREEMENT Between THE COUNTY OF ORANGE, CALIFORNIA and the CITY OF SANTA ANA June 30, 2025 County Amendment Authorization Date _________________, 2025 County Notice Address: Director, OC Waste & Recycling 601 N. Ross Street 5th Floor Santa Ana, CA 92701 City Amendment Authorization Date ____________________, 2025 City Notice Address: City of Santa Ana Attn: City Clerk 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 FAX 714-647-6956 EXHIBIT 2 City Council 22 – 46 5/20/2025 Page 2 of 5 SECOND AMENDMENT TO WASTE DISPOSAL AGREEMENT THIS SECOND AMENDMENT TO THE WASTE DISPOSAL AGREEMENT (“Second Amendment”) is made and dated as of the date indicated on the cover page hereof between the County of Orange, a political subdivision of the State of California (the “County”), and the City (general law, charter or other), Special District or Sanitary District designated on the cover page of this Agreement and party to this Agreement.(the “City”). RECITALS The County owns, manages, and operates a Waste Infrastructure System to manage municipal and solid waste generated within Orange County, California or imported from outside Orange County, California pursuant to contractual agreements (hereafter used referred to as “Disposal System” or “Waste Infrastructure System”). The Waste Infrastructure System collectively includes active Class III sanitary landfills (“County Landfills”), resource recovery, recycling and organics programs, infrastructure and operations, and regional household hazardous waste collection centers and other waste management related systems as may be deemed necessary by the County. The County is also responsible for the long-term management of 20 closed landfills as required under Applicable Law. County Landfills are used for the management of municipal solid waste pursuant to legislation including, but not limited to, the California Integrated Waste Management Act of 1989 (Division 30 of the California Public Resources Code) (the “Act”) and the Short-lived Climate Pollutants Reduction Act (“SB 1383”). County Landfills are also subject to other state and federal regulations designed to ensure that landfill operations minimize the impacts to public health and safety and the environment. The City, in the exercise of its police power, its powers under the Act, and other Applicable Law, has entered into a franchise or other agreement with or issued permits or licenses to one or more private haulers for the collection, recycling, diversion, and disposal of municipal solid waste generated within the City. The City and the County have historically provided for the management of municipal solid waste through Waste Disposal Agreements (“WDAs”), wherein the County agreed to provide disposal capacity for waste generated in the City, and the City agreed to deliver or cause the delivery of waste generated in the City to the Disposal System, as more specifically set forth in, and subject to the terms and conditions of the WDAs. In 2009, the Parties entered into a new WDA (referred to as the “Original WDA”). In 2016, the Original WDA was amended by the Parties (“First Amendment”), whereby the Parties updated certain terms and extended the term through June 30, 2025. (The Original WDA and its corresponding First Amendment are referred to in this Second Amendment as the “Current WDA”.) In response to passage of several pieces of legislation that require significant reductions in the disposal of organic waste, and in light of the approaching expiration of the Current WDA, the County held two City Manager Summits in November 2024 proposing terms of a new WDA. The Orange County City Manager Association (“OCCMA”) has established a Committee (“OCCMA Committee”) including representatives of cities and sanitary districts to review the terms of the proposed new WDA. The OCCMA Committee requested a 12-month extension of the Current WDA to allow for additional time to negotiate mutually agreeable terms for a new WDA, and obtain approval from the respective City Council 22 – 47 5/20/2025 Page 3 of 5 governing bodies. The County is agreeable to OCCMA’s requested extension to the Current WDA on terms as provided in this Second Amendment. The City has determined that the execution of this Second Amendment by the City is in the best interest of the City and will serve the public health, safety, and welfare by continuing the waste disposal services historically provided under the Current WDA while the Parties: (1) engage in due diligence related to a new WDA, in order for the City to evaluate the cost/benefit of a new WDA, which is expected to include the City and OCCMA obtaining more comprehensive and detailed information on the County’s plans for infrastructure expansion and improvements, the financial and operational conditions of the existing Waste Infrastructure System, and the components, timing, and procedures for future contract fee increases; and, (2) negotiate the terms and conditions of a new WDA. The County has determined that the execution by the County of this Second Amendment will serve the public health, safety, and welfare by continuing to provide a stable, predictable, and reliable supply of municipal solid waste and the resulting service payment revenue to the Disposal System, while the Parties exchange information and conduct negotiations with the County goal of ensuring that any negotiated Contract Rate in the new WDA covers the full cost of operations and infrastructure O&M and development needed to ensure indemnification and regulatory compliance.. Official action approving this Second Amendment and determining it to be in the public interest and authorizing its execution and delivery was duly taken by the City on the City authorization date indicated on the cover page hereof. Official action approving this Second Amendment and determining it to be in the public interest and authorizing its execution and delivery was duly taken by the County on the County authorization date indicated on the cover page hereof. It is, therefore, agreed as follows: 1. Extended Term. (a) Section 6.1 (A) of the Current WDA is deleted in its entirety and replaced with the following: “Extended Term. This Agreement shall continue in full force and effect until 11:59 p.m. on June 30, 2026 (the “Extended Term”), unless earlier terminated in accordance with its terms, in which event the Extended Term shall be deemed to have expired as of the date of such termination.” (b) Section 6.1 (B) is deleted in its entirety. (c) Section 6.1 (C) of the Current WDA is deleted in its entirety and replaced with the following: “Contract Rate Negotiations During Extended Term. If the Orange County City Manager Association’s committee tasked with negotiating the terms of a successor to this Agreement with the County and recommending approval of the same to the Parties (the “Committee”) and the County have not reached mutually agreeable terms of a successor to this Agreement including, but not limited to, proposed revisions to the Contract Rate, by September 30, 2025, the County shall, and it is expected that the Committee will provide, updates to all Participating Cities, and their respective governing bodies as may be deemed necessary, regarding the status of negotiations on a monthly basis until mutually agreeable terms are reached or the Extended Term expires.” City Council 22 – 48 5/20/2025 Page 4 of 5 In recommending any revisions to the Contract Rate, in addition to the circumstances described in Section 4.2(A), the Committee and County may take into consideration factors including, but not limited to, the following: (i) actual cost of operations; (ii) population growth; (iii) increase or decrease in available tonnage; (iv) economic and disposal market conditions in the Southern California region; (v) changes in transportation and technology; (vi) changes in transportation costs; (vii) closure and expansion of nearby landfills; (viii) capacity of the Disposal System; (ix) long-term infrastructure needs; and (x) available reserves which are in excess of the amount reasonably required as reserves. (d) Appendix 2 of the Current WDA is deleted in its entirety and replaced with the following: APPENDIX 2 Cumulative County Acceptable Waste Tonnage Target to be Used for Purposes of Section 4.2(B) Fiscal Year County Acceptable Waste Tonnage Cumulative County Acceptable Waste Tonnage FY 2025-26 3,166,659 3,166,659 2. Contract Rate. (a) The first paragraph of Section 4.2(A) of the Current WDA is deleted in its entirety and replaced with the following: “(A) Establishment of Contract Rate. During the Extended Term, the Contract Rate payable by each Franchise Hauler shall be $43.76 per ton, contingent on the delivery to the Disposal System of an amount of Acceptable Waste at least equal to the Cumulative Tonnage Targets identified in Appendix 2, and subject to adjustment necessary to reflect the circumstances set forth in this Section 4.2, subjections (i) through (z).” Note: Subsections (i) through (z) found in the Current WDA remain unchanged. 3. Effectiveness of Second Amendment. The provisions of this Second Amendment shall not become effective unless and until this Second Amendment has been executed by the County and all of the Participating Cities, and shall become effective once that occurs. City Council 22 – 49 5/20/2025 Page 5 of 5 4. Representations and Warranties of the Parties. Each of the parties to this Second Amendment represent and warrant that it is a political subdivision of the State of California validly existing under the Constitution and laws of the State and that it has duly authorized the execution and delivery of this Second Amendment to each other party. 5.Remaining Terms. All other terms and conditions of the Current WDA not specifically changed by this Second Amendment, shall remain in full force and effect. IN WITNESS WHEREOF, COUNTY and CITY have caused this Second Amendment to be executed by their duly authorized officers or representatives as of the day and year first above written. County of Orange By _______________________________ Director, OC Waste & Recycling Date _____________________ Approved as to Form By _______________________________ County Counsel Date _____________________ City of Santa Ana By _______________________________ Alvaro Nuñez, City Manager Date _____________________ Approved as to Form Sonia R. Carvalho, City Attorney By _______________________________ Kyle Nellesen, Assistant City Attorney Date _____________________April 29, 2025 ATTEST: __________________________________ Jennifer L. Hall City Clerk RECOMMENDED FOR APPROVAL: _______________________________ Nabil Saba, PE Executive Director Public Works Agency Nabil Saba Digitally signed by Nabil Saba Date: 2025.05.05 10:35:40 -07'00' City Council 22 – 50 5/20/2025 Public Works Agency www.santa-ana.org/pw Item # 23 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report May 20, 2025 TOPIC: Resolution Authorizing Donation of Surplus Public Works Equipment to Sister City Sahuayo de Morelos, Michoacán, Mexico AGENDA TITLE Resolution Authorizing the City of Santa Ana to Donate Surplus Public Works Equipment to Sister City, Sahuayo de Morelos, Michoacán, Mexico RECOMMENDED ACTION Adopt a resolution authorizing the City of Santa Ana to donate surplus Public Works equipment to Sister City Sahuayo de Morelos, Michoacán, Mexico. RESOLUTION NO. 2025-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING DONATION OF SURPLUS PUBLIC WORKS EQUIPMENT TO SISTER CITY, SAHUAYO DE MORELOS GOVERNMENT CODE §84308 APPLIES: No DISCUSSION In 2022, the City of Santa Ana established a new sister city relationship with Sahuayo de Morelos, Michoacán, Mexico (Sahuayo) to foster friendship, goodwill, and charitable collaboration. This partnership also supports educational, cultural, environmental, and business exchanges between the two cities. Like many growing communities, Sahuayo faces significant challenges in maintaining its water and sewer infrastructure, and in meeting the demand for clean, potable water. For this reason, limited resources have made it difficult for Sahuayo to regularly inspect and maintain its systems or to track water usage through customer metering. Additionally, their water system lacks essential valves needed to manage supply and maintain adequate water pressure during repairs. The Public Works Agency’s Water Resources Division possesses surplus equipment that is no longer utilized due to age, obsolescence, or incompatibility with current standards and/or processes within the City. This surplus equipment would typically be subject to destruction, recycling, or sent to auction. However, the equipment could significantly improve Sahuayo’s ability to maintain, operate, and enhance its water and sewer system infrastructure, ensuring cleaner water and better services for their community. City Council 23 – 1 5/20/2025 Resolution Authorizing Donation of Surplus Public Works Equipment May 20, 2025 Page 2 5 0 2 5 Staff recommends donation of the surplus equipment (Exhibit 1 and 2) to the City of Sahuayo de Morelos, Michoacán, Mexico to further the collaborative efforts between the two cities. ENVIRONMENTAL IMPACT There is no environmental impact associated with the action. FISCAL IMPACT The estimated value of the surplus equipment is $35,370 (Exhibit 2). EXHIBIT(S) 1. Resolution 2. Equipment List Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Alvaro Nuñez, City Manager City Council 23 – 2 5/20/2025 Resolution No. 2025-XXX Page 1 of 2 RESOLUTION NO. 2025-xxx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING DONATION OF SURPLUS PUBLIC WORKS EQUIPMENT TO SISTER CITY, SAHUAYO DE MORELOS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A.In 2022, the City of Santa Ana established a new sister city relationship with the city of Sahuayo de Morelos, Michoacán, Mexico (“Sahuayo”) to promote and encourage friendship, goodwill and charity and promote educational, cultural, environmental and business exchanges between the two municipalities. B.Sahuayo faces challenges in inspection and maintaining its water and sewer utility infrastructure, as well as metering customer water consumption. In addition, their water system lacks the valves necessary to manage their water supply and isolate sections of the distribution system to maintain pressure while making needed repairs. C.The Public Works Agency Water Resources Division possesses surplus equipment that is no longer utilized due to age, obsolescence or incompatibility with current standards and/or processes. A full list of this equipment, including quantifies and estimated value, is included as an Exhibit accompanying this item. This surplus equipment would typically be subject to destruction, recycling, or sent to auction. However, donation of this equipment could significantly improve Sahuayo’s ability to maintain, operate, and enhance its water and sewer system infrastructure, ensuring cleaner water and better services for their community. D.The City Council of the City of Santa Ana believes that authorizing the donation of this equipment to Sahuayo would serve to promote friendship, goodwill and charity, as well as providing substantial enhancement to the infrastructure and maintenance of Sahuayo’s water and sewer systems. Section 2. The City Council of the City of Santa Ana hereby authorizes the donation of surplus equipment from the Public Works Agency Water Resources Division as outlined above. Such donation may include transfer via use of volunteer EXHIBIT 1 City Council 23 – 3 5/20/2025 Resolution No. 2025-XXX Page 2 of 2 intermediaries, on terms as may be acceptable to the City Manager and City Attorney. Such terms shall include an agreement and release from liability. Section 3. This Resolution shall take effect immediately upon the signing of this Resolution by the City Council and the City Clerk shall attest to and certify this the vote adopting this Resolution. SIGNED this day of _______________, 2025. ______________________________ Valerie Amezcua Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Kyle Nellesen Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, JENNIFER L. HALL, City Clerk, do hereby attest to and certify the attached Resolution No. 2025-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on , 2025. Date:_______________ _____________________________ City Clerk City of Santa Ana City Council 23 – 4 5/20/2025 EXHIBIT 2 Item Description Model Quantity Estimated Value / Per Unit Total Estimated Value Water Meters Various 1,000 $3.20 $3,200* Clay Valve 1 $640 $640* 90 Clay Valve 1 $480 $480* Whisperwatt Diesel Powered AC Generator DCA‐220SSVU 1 $9,500 $9,500 CCTV Trailer (Wells Cargo 6x10) TW121, Manufactured 5/15/2008 1 $3,500 $3,500 Vacuum Trailer Pacific Tek PV‐350, Year 2000 1 $4,000 $4,000 Concrete sawcut machine Husqvarna FS 4,000 1 $2,500 $2,500 4" Portable Pump Godwin SD 150M Dri‐Prime Pump, Year 2012 1 $6,000 $6,000 Lateral Bursting System Hammerhead PB30 1 $3,000 $3,000 Hydraulic Power Unit Stanley HP28 1 $2,500 $2,500 Well Sounder 1 $50 $50 TOTAL $35,370 *Items marked with asterisk represent the salvage value of materials (selling material as scrap); all other values are potential auction values. City Council 23 – 5 5/20/2025 Police Department www.santa-ana.org/pd Item # 24 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report May 20, 2025 TOPIC: Second Reading of an Ordinance Adding Article XIV to Chapter 10 (Crimes and Miscellaneous Law Enforcement Provisions) of the Santa Ana Municipal Code Prohibiting The Sale or Distribution of Nitrous Oxide AGENDA TITLE Second Reading of an Ordinance Adding Article XIV to Chapter 10 (Crimes and Miscellaneous Law Enforcement Provisions) of the Santa Ana Municipal Code Prohibiting the Sale or Distribution of Nitrous Oxide First reading conducted at the May 6, 2025 City Council meeting and approved by vote of 7-0. Legal notice published in the OC Reporter on May 9, 2025. RECOMMENDED ACTION Conduct a second reading and adopt an Ordinance adding Article XIV to Chapter 10 (Crimes and Miscellaneous Law Enforcement Provisions) of the Santa Ana Municipal Code prohibiting the sale or distribution of Nitrous Oxide: ORDINANCE NO. NS-3079 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADDING ARTICLE XIV TO CHAPTER 10 OF THE SANTA ANA MUNICIPAL CODE (CRIMES AND MISCELLANEOUS LAW ENFORCEMENT PROVISIONS) PROHIBITING THE SALE OR DISTRIBUTION OF NITROUS OXIDE [Includes determination that the ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to CEQA and Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect change in the environment and is not a “project” as defined in Section 15378 of the CEQA Guidelines as well as pursuant to the “common sense” exemption set forth in CEQA Guidelines Section 15061(b)(3)] GOVERNMENT CODE §84308 APPLIES: No DISCUSSION At the May 6, 2025 meeting, the City Council conducted a first reading of an ordinance adding Article XIV to Chapter 10 (Crimes and Miscellaneous Law Enforcement City Council 24 – 1 5/20/2025 Ordinance Adding Article XIV to Chapter 10 (Crimes and Miscellaneous Law Enforcement Provisions) of the Santa Ana Municipal Code Prohibiting The Sale or Distribution of Nitrous Oxide May 20, 2025 Page 2 5 0 3 6 Provisions) of the Santa Ana Municipal Code prohibiting the sale or distribution of nitrous oxide in the City. The ordinance, approved 7:0, requires a second reading. The following changes to the ordinance were made by the City Council: 1) An amendment was made to include a public health campaign to be initiated by the City to raise community awareness regarding the health dangers of Nitrous Oxide abuse, its appearance and common delivery methods for identification purposes, and to educate the public of the prohibitions, requirements, and penalties. 2) An amendment was made to require the City to collect and record all citation and arrest data to monitor any disparities, if any, in the enforcement of this ordinance, to include demographic data. A copy of the ordinance for second reading is attached to this report as Exhibit 1. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT There is no fiscal impact associated with this action. EXHIBIT(S) 1. Ordinance for Second Reading Submitted By: Robert Rodriguez, Police Chief Approved By: Alvaro Nuñez, City Manager City Council 24 – 2 5/20/2025 Ordinance No. NS-XXX Page 1 of 5 ORDINANCE NO. NS-XXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADDING ARTICLE XIV TO CHAPTER 10 OF THE SANTA ANA MUNICIPAL CODE (CRIMES AND MISCELLANEOUS LAW ENFORCEMENT PROVISIONS) PROHIBITING THE SALE OR DISTRIBUTION OF NITROUS OXIDE WHEREAS, the City of Santa Ana (City) is empowered pursuant to California Constitution, Article XI, Section 7 to make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws; and WHEREAS, the City is specifically empowered by the California Health and Safety Code, Section 101450, as may be hereafter amended or renumbered, to take measures as may be necessary to preserve and protect the public health, including the adoption of ordinances, regulations, and orders not in conflict with the general laws; and WHEREAS, Nitrous Oxide is an odorless, colorless chemical that can be inhaled for legitimate purposes associated with medical or dental procedures in a clinical setting, and is legitimately used for industrial purposes and as a propellant for food products; and WHEREAS, Nitrous Oxide is also subject to recreational misuse and abuse, in part, because it is easy to purchase from retail vendors and relatively inexpensive; and WHEREAS, the recreational misuse and abuse of Nitrous Oxide can cause permanent vitamin deficiencies in the blood, and can cause long-term neurological effects, including paralysis and death; and WHEREAS, the incidence of Nitrous Oxide recreational misuse and abuse has been on the rise within the county, nationally, and internationally over the past decade, with multiple medical studies noting significant increases in recreational misuse in the past five years, as well as a broader medical understanding of the long-term hematological and neurological impacts of Nitrous Oxide misuse and abuse; and WHEREAS, the City does not currently regulate the sale of Nitrous Oxide and finds and declares that in the absence of local regulation, Nitrous Oxide remains subject to significant risk of misuse and abuse through sale to individuals who intend to misuse or abuse the product; and WHEREAS, the City desires to regulate the sale of Nitrous Oxide in order to preserve and protect public health and to dissuade sellers of Nitrous Oxide products from selling to individuals which they know or have reason to know intend to use the products for illegal purposes (i.e., recreational ingestion and/or inhalation). City Council 24 – 3 5/20/2025 Ordinance No. NS-XXX Page 2 of 5 WHEREAS, the City Council desires that the City initiate a public health campaign to raise community awareness regarding the health dangers of Nitrous Oxide abuse, its appearance and common delivery methods for identification purposes, and to educate the public of the prohibitions, requirements, and penalties set forth in this ordinance. WHEREAS, the City Council desires that the City collect and record all citation and arrest data pursuant to this article in an effort to monitor disparities, if any, in the enforcement of this ordinance. THE CITY COUNCIL OF THE CITY OF SANTA ANA HEREBY ORDAINS AS FOLLOWS: Section 1. New Article XIV is hereby added to Chapter 10 of the Santa Ana Municipal Code (CRIMES AND MISCELLANEOUS LAW ENFORCEMENT PROVISIONS) to read in full as follows: ARTICLE XIV. - PROHIBITION ON SALE OR DISTRIBUTION OF NITROUS OXIDE Sec. 10-900. - Authority and Purpose. This article is enacted pursuant to the City’s plenary police powers to protect the public safety, health and welfare. The express purpose of this article is to protect the public health and safety by eliminating retail access for recreational use of nitrous oxide, which is a dangerous gas that may be illicitly used as an intoxicant. Sec. 10-901 - Definitions. For purposes of this article, the following definitions apply. (a) “Device” means any cartridge, compressed gas cylinder, apparatus, container, balloon, attachment, nozzle, or other object used to contain, dispense or administer nitrous oxide. (b) “Nitrous oxide” means the colorless nonflammable gas sometimes identified as N2O, which is sometimes used in aerosols and sometimes used as an anesthetic, and which, when inhaled, produces loss of sensibility to pain, often preceded by exhilaration and laughter and often used as an anesthetic in dentistry. Nitrous oxide is often informally or colloquially referred to as “laughing gas,” “NOX,” “galaxy gas,” “whippits,” amongst others. (c) “Person” means any individual or legal entity however constituted or organized. (d) “Wholesale capacity” means sale of or distribution of nitrous oxide or a device to dispense nitrous oxide to a person that will use nitrous oxide or the device in service or products for resale. Examples include, but are not limited to, commercial sale of dentistry supplies to dentists or dentistry offices, commercial sale of devices City Council 24 – 4 5/20/2025 Ordinance No. NS-XXX Page 3 of 5 for the use in food production or in a commercial kitchen, and/or commercial sale of nitrous oxide for the purpose of producing food products for commercial sale (e.g., whipped cream canisters). Sec. 10-902 - Prohibition on Sale or Distribution of Nitrous Oxide. Except as otherwise explicitly authorized by law or allowed under this article, it is unlawful for any person to sell, attempt to sell, offer, distribute or otherwise provide to any person nitrous oxide, a device to dispense or administer nitrous oxide, or any device that contains any quantity of nitrous oxide. Sec. 10-903 - Exceptions to Prohibition. This article does not apply to the sale, attempt to sell, distribution, or other manner of providing nitrous oxide, or a device containing nitrous oxide, in the following exempt circumstances: (a) If the nitrous oxide is contained in a food product for use as a propellant. (b) If the nitrous oxide or device is being sold, attempted to be sold, offered, or distributed in a wholesale capacity, for uses similar to those described in subsection (d) of section 10-901. This exemption only applies if the wholesaler does not know or have reason to know that the recipient intends to use the nitrous oxide or device in violation of section 10-902. (c) If the nitrous oxide or device that is being sold, attempted to be sold, offered, or distributed is specifically designed for use in a vehicle to enhance the performance of the vehicle. (d) If the nitrous oxide is being sold, attempted to be sold, offered, or distributed specifically for the purpose of providing medical or dental care, by or at the direction and under the supervision of, a medical or dental practitioner licensed by the State of California and in accordance with all applicable rules and regulations. (e) If the nitrous oxide or device is being sold, attempted to be sold, offered, distributed, or dispensed by a pharmacist, pharmacist intern, or pharmacy as defined by California Business & Professions Code§§ 4030, 4036, and 4037, as may be amended, in the course of their duties as a pharmacist or pharmacist intern, or wholesalers licensed by the Board of Pharmacy. (f) Or any other circumstances explicitly exempted under law. Any sales or distributions of Nitrous Oxide contemplated under this section shall comply with all documentation requirements set forth in California Penal Code §381e. City Council 24 – 5 5/20/2025 Ordinance No. NS-XXX Page 4 of 5 Sec. 10-904 - Violations and Penalties. Every violation of the provisions of this article may be charged as either a misdemeanor or as an infraction in the discretion of the citing officer or city attorney and, upon conviction thereof, shall be punishable as provided for in Section 1-8 of this Code. Each day any violation of any said provision of this chapter shall continue shall constitute a separate offense. Alternatively, violations may be addressed through the use of an administrative citation as set forth in Sections 1-21.1 through 1-21.9. Use of criminal enforcement and/or administrative citations shall not prevent or preclude the City from seeking injunctive relief and civil penalties in court for violations of this article. This section shall not serve to limit any other legal remedies or actions that the City may have to address violations of section 10-902. Sec. 10-905 – Severability. If any section, paragraph, sentence, clause, phrase or portion of this article is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed severable and such holding shall not affect the validity of the remainin g portions hereof. The City Council hereby declares that it would have adopted this article irrespective of the invalidity of any particular portion thereof and intends that the invalid portions should be severed, and the balance of the article be enforced. Secs. 10-906 – 10-999. - Reserved Section 2. The City Council finds and determines that this ordinance is not subject to the California Environmental Quality Act (CEQA). Pursuant to CEQA and Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines , the adoption of this Ordinance is exempt from CEQA review because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, as there is no possibility it will have a significant effect on the environment and it is not a "project", as defined in Section 15378 of the CEQA Guidelines. Furthermore, the proposed ordinance falls within the “common sense” CEQA” exemption set forth in CEQA Guidelines section 15061(b)(3), excluding projects where “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” Section 3. This ordinance shall become effective thirty (30) days after its adoption. Section 4. The City Clerk shall certify the adoption of this ordinance and shall cause the same to be published as required by law. ADOPTED this _______ day of ___________, 2025. _________________________ Valerie Amezcua Mayor City Council 24 – 6 5/20/2025 Ordinance No. NS-XXX Page 5 of 5 APPROVED AS TO FORM Sonia R. Carvalho, City Attorney By: _________________________ Jonathan T. Martinez Assistant City Attorney AYES: Councilmembers: _________________________________ NOES: Councilmembers: _________________________________ ABSTAIN: Councilmembers: _________________________________ NOT PRESENT: Councilmembers: _________________________________ CERTIFICATE OF ATTESTATION AND ORIGINALITY I, __________________, City Clerk, do hereby attest to and certify that the attached Ordinance No. NS-______ to be the original ordinance adopted by the City Council of the City of Santa Ana on _____________________, and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: ______________________ ________________________________ City Clerk City of Santa Ana City Council 24 – 7 5/20/2025 City Manager’s Office www.santa-ana.org/cm Item # 25 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report May 20, 2025 TOPIC: Resolutions for Positions on Various State Legislative Proposed Bills AGENDA TITLE Resolutions Supporting California Senate Bills 28 and 38 (Umberg), 569 (Blakespear), and 757 (Richardson) RECOMMENDED ACTION Adopt the following resolutions in support of state legislative efforts aligned with the City’s goals of enhancing the quality of life for residents through community safety, housing stability, and criminal justice reform: 1. RESOLUTION NO. 2025-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA IN SUPPORT OF CALIFORNIA SENATE BILLS 28 AND 38 BY SENATOR THOMAS J. UMBERG TO STRENGTHEN TREATMENT COURT STANDARDS AND REENTRY OPPORTUNITIES THROUGH THE SECOND CHANCE PROGRAM; and 2. RESOLUTION NO. 2025-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA SUPPORTING CALIFORNIA SENATE BILL 569 BY SENATOR CATHERINE BLAKESPEAR, THE HOMELESS ENCAMPMENT COLLABORATION ACT, TO STRENGTHEN LOCAL COLLABORATION WITH THE DEPARTMENT OF TRANSPORTATION; and 3. RESOLUTION NO. 2025-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA IN SUPPORT OF SENATE BILL 757 BY SENATOR STEVEN RICHARDSON, THE LOCAL GOVERNMENT – NUISANCE ABATEMENT, TO EXPAND AND STRENGTHEN LOCAL AUTHORITY AND CONTROL GOVERNMENT CODE §84308 APPLIES: No City Council 25 – 1 5/20/2025 Resolutions for Positions on Various State Legislative Proposed Bills May 20, 2025 Page 2 5 0 6 2 DISCUSSION The City of Santa Ana remains committed to enhancing the quality of life for all residents by advancing community well-being, public safety, and equity through thoughtful policies and strategic partnerships. In support of these priorities, staff recommends that the City Council adopt three resolutions endorsing key state legislative proposals introduced during the 2025 legislative session. BACKGROUND AND ANALYSIS Senate Bills 28 and 38 (Umberg) SB 28 standardizes treatment court practices statewide, improving outcomes for participants in drug, mental health, and veterans courts. SB 38 creates the Second Chance Program, which provides reentry services including housing, workforce development, and mental health care for formerly incarcerated individuals. Both measures support Santa Ana’s dedication to restorative justice and comprehensive community safety. The City has submitted letters of support for both bills. Senate Bill 569 (Blakespear) SB 569 addresses homelessness on state transportation property, where coordination with Caltrans has historically been limited. This bill would establish a dedicated Caltrans liaison, authorize delegated maintenance agreements, and improve cross-jurisdictional collaboration without imposing unfunded mandates on local governments. The bill promotes timely and humane responses to encampments. Santa Ana submitted a letter of support recognizing the bill’s alignment with local needs. Senate Bill 757 (Richardson) This bill strengthens local authority to enforce nuisance abatement through liens and special assessments for properties that violate building and fire codes. SB 757 requires reinvestment of collected fines into enforcement efforts and mandates a hardship waiver process to ensure equity. It supports Santa Ana’s ongoing commitment to safe and well- maintained neighborhoods. The City submitted a formal letter of support for SB 757 through the Legislature’s Position Letter Portal. Each resolution affirms the City’s legislative advocacy role and expresses clear support for these bills, enabling staff to further engage with state legislators and coalitions to ensure passage. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT There is no fiscal impact associated with this action. City Council 25 – 2 5/20/2025 Resolutions for Positions on Various State Legislative Proposed Bills May 20, 2025 Page 3 5 0 6 2 EXHIBIT(S) 1. Exhibit 1 – Resolution in Support of Senate Bills 28 and 38 (Umberg) 2. Exhibit 2 – Resolution in Support of Senate Bill 569 (Blakespear) 3. Exhibit 3 – Resolution in Support of Senate Bill 757 (Richardson) Submitted By: Sylvia Vazquez, Deputy City Manager Approved By: Alvaro Nuñez, City Manager City Council 25 – 3 5/20/2025 Resolution No. 2025-XXX Page 1 of 2 RESOLUTION NO. 2025-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA IN SUPPORT OF CALIFORNIA SENATE BILLS 28 AND 38 BY SENATOR THOMAS J. UMBERG TO STRENGTHEN TREATMENT COURT STANDARDS AND REENTRY OPPORTUNITIES THROUGH THE SECOND CHANCE PROGRAM WHEREAS, the City of Santa Ana submitted position letters to the California State Legislature Position Letter Portal for SB 28 and 38 to reaffirm the City’s commitment to enhancing the quality of life for all residents. WHEREAS, the City of Santa Ana is committed to advancing equity and public safety through evidence-based alternatives to incarceration and enhanced rehabilitation opportunities for justice-involved individuals; and WHEREAS, Senate Bill (SB) 28, authored by Senator Tom Umberg, establishes clear and consistent statewide standards for treatment courts, including dru g courts, mental health courts, and veterans treatment courts, ensuring that all participants across California receive high-quality, effective, and equitable access to services that reduce recidivism and support long-term recovery; and WHEREAS, SB 28 directs the Judicial Council to develop best practice standards for treatment courts, enhancing transparency and accountability in how these courts operate and making certain that public funds are used efficiently and effectively; and WHEREAS, SB 38, also authored by Senator Umberg, establishes the Second Chance Program to support local agencies and community-based organizations in helping formerly incarcerated individuals successfully reenter society, with services including housing support, job training, mental health care, and education; and WHEREAS, SB 38 promotes long-term public safety by investing in people reentering the community and helping them become stable, contributing members of society, thereby reducing repeat offenses and strengthening families and neighborhoods; and WHEREAS, both SB 28 and SB 38 reflect the City of Santa Ana’s values of restorative justice, smart rehabilitation, and a holistic approach to community safety. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Ana, that: Section 1. The City of Santa Ana hereby supports Senate Bill 28 and Senate Bill 38 and urges the California State Legislature to pass these critical measures to improve treatment court operations and expand reentry support services across the state. City Council 25 – 4 5/20/2025 Resolution No. 2025-XXX Page 2 of 2 Section 2. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of Council shall attest to and certify the vote adopting this Resolution. ADOPTED this _____ day of ____________, 2025. ________________________________ Valerie Amezcua Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATION OF ATTESTATION AND ORIGINALITY I, Jennifer L. Hall, City Clerk, do hereby attest to and certify the attached Resolution No. 2025-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on _______________. Date: ______________________ ________________________________ City Clerk City of Santa Ana City Council 25 – 5 5/20/2025 Resolution No. 2025-XXX Page 1 of 3 RESOLUTION NO. 2025-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA SUPPORTING CALIFORNIA SENATE BILL 569 BY SENATOR CATHERINE BLAKESPEAR, THE HOMELESS ENCAMPMENT COLLABORATION ACT, TO STRENGTHEN LOCAL COLLABORATION WITH THE DEPARTMENT OF TRANSPORTATION WHEREAS, the City of Santa Ana submitted a letter of support to the California State Legislature Position Letter Portal for S enate Bill (SB) 569 to reaffirm the City’s commitment to the enhancing the quality of life for all residents; and WHEREAS, homelessness is a critical issue facing the State of California and the City of Santa Ana, with many individuals residing in encampments on or near state transportation property, which continue to lack proper oversight and response to issues related to these types of concerns and have become a blight on cities across California; and WHEREAS, the California Department of Transportation (Caltrans) o wns and operates significant land areas within Santa Ana, including rights -of-way along highways and freeways and the Department of Motor Vehicles Santa Ana Office , where encampments often develop and pose serious public health, safety, and environmental concerns; and WHEREAS, Caltrans currently faces barriers in coordinating with local governments regarding the response to and management of homeless encampments located on its property in a timely manner; and WHEREAS, SB 569 by Senator Catherine Blakespear — the California Homeless Encampment Collaboration Act — would require Caltrans to designate a dedicated liaison to serve as the primary point of contact for state and local agencies addressing homeless encampments on Caltrans property; and WHEREAS, SB 569 would authorize Caltrans to enter into delegated maintenance agreements with local governments and provide general entry permits for the duration of those agreements to streamline interagency response efforts; and WHEREAS, SB 569 does not incorporate funding language, instead includes language in SEC. 3. Section 130.4 Subsection (c) that specifically states that the Legislature shall not be required to provide reimbursement to local governments for services rendered pursuant to delegated maintenance agreements for addressing homeless encampments; and City Council 25 – 6 5/20/2025 Resolution No. 2025-XXX Page 2 of 3 WHEREAS, SB 569 further requires Caltrans to prepare an annual report summarizing homeless encampment activities and recommendations, promoting transparency, accountability, and long-term strategic planning; and WHEREAS, the City of Santa Ana supports legislative efforts that enable effective and compassionate management of homelessness while ensuring public safety, health, and local coordination; and WHEREAS, the City of Santa Ana thanks Senator Blakespear for continuing to advocate on behalf of local governments and believes that SB 569 will improve cross- jurisdictional collaboration and lead to more effective solutions to address encampments on transportation property. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Ana, that: Section 1. The City of Santa Ana supports Senate Bill 569 (Blakespear) and urges its swift passage and enactment by the California State Legislature and the Governor. Section 2. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of Council shall attest to and certify the vote adopting this Resolution. ADOPTED this _____ day of ____________, 2025. ________________________________ Valerie Amezcua Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: City Council 25 – 7 5/20/2025 Resolution No. 2025-XXX Page 3 of 3 AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers _ CERTIFICATION OF ATTESTATION AND ORIGINALITY I, Jennifer L. Hall, City Clerk, do hereby attest to and certify the attached Resolution No. 2025-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on _______________. Date: ______________________ ________________________________ City Clerk City of Santa Ana City Council 25 – 8 5/20/2025 Resolution No. 2025-XXX Page 1 of 2 RESOLUTION NO. 2025-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA IN SUPPORT OF SENATE BILL 757 BY SENATOR STEVEN RICHARDSON, THE LOCAL GOVERNMENT – NUISANCE ABATEMENT, TO EXPAND AND STRENGTHEN LOCAL AUTHORITY AND CONTROL WHEREAS, the City of Santa Ana submitted a letter of support to the California State Legislature Position Letter Portal for Senate Bill (SB) 757 to reaffirm the City’s commitment to the enhancing the quality of life for all residents; and WHEREAS, the City of Santa Ana is committed to protecting public health, safety, and the quality of life in all neighborhoods through effective enforcement of building, housing, and fire codes; and WHEREAS, properties that fall into disrepair or violate safety standards can create serious public nuisances, posing threats to the well-being of residents and placing undue strain on municipal resources; and - WHEREAS, local governments, including Santa Ana, frequently fa ce challenges in addressing such nuisances due to limited enforcement tools and financial constraints associated with prolonged code enforcement actions; and WHEREAS, SB 757, authored by Senator Steven Bradford Richardson, seeks to expand and strengthen the authority of local governments to collect civil fines for certain nuisance abatement violations through the imposition of liens or special assessments, thereby providing a sustainable mechanism for funding code enforcement activities; and WHEREAS, SB 757 requires that revenue generated from these fines be reinvested into local enforcement of state and local building and fire code standards, ensuring that resources directly support community safety and compliance efforts; and WHEREAS, SB 757 requires local agencies to provide a process for hardship waivers to protect financially vulnerable individuals from undue burden, and ensures fairness by mandating a reasonable opportunity for property owners to cure violations — except in cases of immediate danger to health or safety; and WHEREAS, these provisions align with the City of Santa Ana’s values of equity, fairness, and effective public policy that supports safe and healthy communities; and WHEREAS, the City of Santa Ana believes SB 757 will improve public safety, reduce blight, and provide meaningful tools for holding property owners accountable while safeguarding community interests. City Council 25 – 9 5/20/2025 Resolution No. 2025-XXX Page 2 of 2 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Ana that: SECTION 1. The City of Santa Ana hereby expresses its strong support for SB 757 (Richardson) and urges the California State Legislature and the Governor to enact this legislation to improve local government enforcement of nuisance abatement laws. SECTION 2. This Resolution shall take effect immediately upon its adoption by the City Council. ADOPTED this _____ day of ____________, 2025. ________________________________ Valerie Amezcua Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers _ CERTIFICATION OF ATTESTATION AND ORIGINALITY I, Jennifer L. Hall, City Clerk, do hereby attest to and certify the attach ed Resolution No. 2025-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on _______________. Date: ______________________ ________________________________ City Clerk City of Santa Ana City Council 25 – 10 5/20/2025 City Manager’s Office www.santa-ana.org/cm Item # 26 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report May 20, 2025 TOPIC: Ordinance Adding Article XII Entitled Disclosure of Certain Enforcement Actions to Chapter 2 of the Sana Ana Municipal Code Requiring Disclosure of Federal Election Commission and California Fair Political Practices Commission Enforcement Actions AGENDA TITLE Ordinance Adding Article XII Entitled Disclosure of Certain Enforcement Actions to Chapter 2 of the Sana Ana Municipal Code Requiring Disclosure of Federal Election Commission and California Fair Political Practices Commission Enforcement Actions RECOMMENDED ACTION Conduct a first reading and adopt an ordinance adding Article XII entitled Disclosure of Certain Enforcement Actions to Chapter 2 of the Santa Ana Municipal Code requiring disclosure of Federal Election Commission and California Fair Political Practices Commission enforcement actions: ORDINANCE NO. NS-XXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADDING ARTICLE XII ENTITLED DISCLOSURE OF CERTAIN ENFORCEMENT ACTIONS TO CHAPTER 2 OF THE SANTA ANA MUNICIPAL CODE REQUIRING DISCLOSURE OF FEDERAL ELECTION COMMISSION AND CALIFORNIA FAIR POLITICAL PRACTICES COMMISSION ENFORCEMENT ACTIONS FOR CERTAIN LICENSES, PERMITS OR OTHER ENTITLEMENTS FOR USE GOVERNMENT CODE §84308 APPLIES: No DISCUSSION The proposed ordinance requires that any party or participant involved in the application for a license, permit, or entitlement for use disclose final enforcement actions taken by the Federal Election Commission (FEC) or the California Fair Political Practices Commission (FPPC). These disclosures are aimed at ensuring transparency and accountability in the process of granting entitlements within the City. This amendment will ensure that the public is informed about any prior enforcement actions related to political campaign finance, which is crucial for maintaining trust in the city's licensing and entitlement processes. City Council 26 – 1 5/20/2025 Ordinance Requiring Disclosure of Federal Election Commission and California Fair Political Practices Commission Enforcement Actions May 20, 2025 Page 2 5 0 6 4 Consistent with State and Federal Regulations, by aligning with California Government Code and federal law, this amendment ensures consistency with broader regulatory frameworks governing political conduct and enforcement in the City of Santa Ana. Additionally, including the enforcement disclosure in public notices and staff reports, and requiring oral disclosure during public meetings, ensures that the community is fully informed when reviewing applications for licenses or entitlements. The ordinance establishes penalties for failure to disclose, which may be pursued as either misdemeanors or infractions, at the discretion of the City Attorney or citing officer. This flexibility in enforcement provides the City with a range of tools to address violations of the disclosure requirements. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT The implementation of this ordinance is expected to have minimal fiscal impact. The primary costs will be associated with notifying applicants and ensuring compliance. City staff will need to review applications for the required disclosures and may need to make minor updates to public notices and staff reports. The ordinance does not require significant new infrastructure or resources. EXHIBIT(S) 1. Ordinance Requiring Disclosure of Federal Election Commission and California Fair Political Practices Commission Enforcement Actions Submitted By: Sylvia Vazquez, Deputy City Manager Approved By: Alvaro Nuñez, City Manager City Council 26 – 2 5/20/2025 Ordinance No. NS-XXX Page 1 of 3 ORDINANCE NO. NS-XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADDING ARTICLE XII ENTITLED DISCLOSURE OF CERTAIN ENFORCEMENT ACTIONS TO CHAPTER 2 OF THE SANTA ANA MUNICIPAL CODE REQUIRING DISCLOSURE OF FEDERAL ELECTION COMMISSION AND CALIFORNIA FAIR POLITICAL PRACTICES COMMISSION ENFORCEMENT ACTIONS FOR CERTAIN LICENSES, PERMITS OR OTHER ENTITLEMENTS FOR USE THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. Article XII entitled “Disclosure of Certain Enforcement Actions” is added to Chapter 2 of the Santa Ana Municipal Code starting with Section 2-920 as follows: ARTICLE XII. – DISCLOSURE OF CERTAIN ENFORCEMENT ACTIONS Sec. 2-920. -Definitions. (a)“Party” shall have the same meaning as that set forth in California Government Code Section 84308(a)(1) and as periodically amended. (b)“Participant” shall have the same meaning as that set forth in California Government Code Section 84308(a)(2) and as periodically amended. (c)“License, permit or other entitlement for use” shall have the same meaning as that set forth in California Government Code Section 84308(a)(5)(A) and as periodically amended. (d)“Final enforcement action” shall mean that the California Fair Political Practices Commission and/or Federal Election Commission has issued a warning letter, advisory letter, administrative penalty and/or fine. Section 2. Section 2-921 shall be added to Article XII of Chapter 2 of the Santa Ana Municipal Code to read as follows: Sec. 2-921. – Disclosure of Federal Election Commission and California Fair Political Practices Commission Enforcement Actions Required. (a)Every party or participant in a proceeding involving a license, permit or other entitlement for use shall disclose any final enforcement action taken by the City Council 26 – 3 5/20/2025 Ordinance No. NS-XXX Page 2 of 3 Federal Election Commission or the California Fair Political Practices Commission involving the party or participant in the last ten (10) years and shall include the enforcement action case number, date of final enforcement action, and nature of final enforcement action taken. (b) Said disclosure shall be made in writing as part of the application process at the time the party applies for any license, permit or other entitlement for use. (c) Said disclosure shall be included as part of any public notice provided and set forth in any staff report for any public meeting pursuant to the Brown Act (California Government Code section 54950 et seq.) involving the party’s application for license, permit or other entitlement for use. (d) Said disclosure shall be made orally by any participant during public comment at any public meeting pursuant to the Brown Act (California Government Code section 54950 et seq.). Section 3. Section 2-922 shall be added to Article XII, of Chapter 2 of the Santa Ana Municipal Code as follows: Sec. 2-922.- Penalty for violation. (a) Every violation of this article may be charged as either a misdemeanor or as an infraction in the discretion of the citing officer or city attorney and, upon conviction thereof, shall be punishable as provided for in section 1-8 of this Code. (b) Use of criminal enforcement and/or administrative citations shall not prevent or preclude the city from seeking all other legal remedies available in court for violations of this article. Section 4. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 5. This Ordinance shall become effective thirty (30) days after its adoption. Section 6. The City Clerk shall certify the adoption of this Ordinance and shall cause the same to be published as required by law. ADOPTED this day of May, 2025. _______________________ Valerie Amezcua Mayor City Council 26 – 4 5/20/2025 Ordinance No. NS-XXX Page 3 of 3 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: ____________________________ Laura A. Rossini Chief Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers ABSENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, JENNIFER L. HALL, City Clerk, do hereby attest to and certify the attached Ordinance No. NS-XXXXXX to be the original ordinance adopted by the City Council of the City of Santa Ana on , 2025. Date: _________________ _______________________ Jennifer L. Hall City Clerk City of Santa Ana City Council 26 – 5 5/20/2025 CITY ATTORNEY Sonia R. Carvalho CITY MANAGER Alvaro Nuñez CITY CLERK Jennifer L. Hall 20 CIVIC CENTER PLAZA - P.O. BOX 1988, M31 - SANTA ANA, CALIFORNIA 92702 TELEPHONE (714) 647-6900 - FAX (714) 647-6954 - www.santa-ana.org Councilmember-Requested Item Report DATE May 20, 2025 TOPIC Transparency and Public Notification of ICE/DHS Courtesy Alerts to Santa Ana Police Department COUNCILMEMBER-REQUESTED ITEM TITLE Discuss and Consider Providing Direction to the City Manager to Develop and Implement a Policy Requiring Immediate Disclosure of All ICE Courtesy Notifications Received by the Santa Ana Police Department DISCUSSION On May 5, 2025, data-based reporting by journalist Ben Camacho revealed that the Santa Ana Police Department (SAPD) received at least forty-two courtesy alerts from U.S. Immigration and Customs Enforcement (ICE) and the Department of Homeland Security (DHS) between January 20 and April of this year.1 These notifications informed SAPD that federal immigration agents planned to be active within our city, often during early morning hours. SAPD did not disclose this information to the public, to the Council, or when asked directly about immigration enforcement activity at the February 4, 2025 Santa Ana City Council meeting. Subsequent meetings involving a similar line of questioning also did not mention any of the notifications, as reported by Voice of OC.2 This highlights a transparency gap in regards to ICE’s repeated presence in Santa Ana neighborhoods including near residential areas, schools, and places of worship. Such a transparency gap should be addressed, particularly given our city’s commitment to protecting and supporting all residents, including immigrant and refugee community members. Existing California state law, including the California Values Act (SB 54), and local law both heavily limit the extent to which Santa Ana departments and agencies cooperate with federal immigration enforcement. SAPD clarified that it does not participate in or assist with ICE actions and that alerts are received strictly as a matter of officer safety 1 Ben Camacho, “EXCLUSIVE: Santa Ana Police Department Received Forty-Two Alerts From Immigration Agents And Did Not Tell The Community,” Inadvertent, May 5, 2025. https://inadvertent.substack.com/p/sapd-ice-data 2 Hosam Elattar, “Have Santa Ana’s Police Chief & City Manager Been Up Front With Residents About ICE Activity?” Voice of OC, May 6, 2025. https://voiceofoc.org/2025/05/has-santa-anas-police-chief-city-manager-been-up-front-with-residents-about- ice-activity/ City Council 27 – 1 5/20/2025 CITY ATTORNEY Sonia R. Carvalho CITY MANAGER Alvaro Nuñez CITY CLERK Jennifer L. Hall 20 CIVIC CENTER PLAZA - P.O. BOX 1988, M31 - SANTA ANA, CALIFORNIA 92702 TELEPHONE (714) 647-6900 - FAX (714) 647-6954 - www.santa-ana.org and situational awareness. We appreciate this clarification and recognize the importance of keeping SAPD officers informed about potential ICE/DHS actions. At the same time, the public also deserves timely, accurate information about ICE/DHS activity occurring in their neighborhoods, especially when such information may affect residents’ sense of security and ability to make informed choices for themselves and their families. SAPD already maintains the capacity to proactively share weekly data on firearm and narcotics seizures. The Department has no policy directing it to release such data proactively, yet SAPD does so of its own accord. Implementing a similar process for ICE courtesy notifications would be a practical and meaningful step toward ensuring consistent transparency on issues that directly affect community well-being. This proposal aims to strengthen residents’ trust in the City of Santa Ana and provide additional transparency and communication regarding important information within the public record that the community should have increased, direct access to. Therefore, we would like to propose that the City Council direct the City Manager to: 1. Collaborate with the City Attorney and the SAPD Police Chief to develop a policy to immediately notify the Council, the Police Oversight Commission, and the public whenever a courtesy alert is received from ICE/DHS. a. This notice should be made available within 48 hours of receipt. b. The report must include: i. The date and time of the communication ii. The neighborhood or block targeted by ICE/DHS iii. The nature of the federal activity (e.g. custody check-in, warrant service) iv. Any known or stated outcomes, including if SAPD was asked to participate in an any capacity, if applicable v. A redacted copy of the alert (when possible under law) 2. Establish a publicly accessible webpage where these notices will be published in real time, along with information about residents’ constitutional rights during interactions with federal immigration enforcement officers. Notices and accompanying information must be available in English, Spanish, and Vietnamese. 3. Instruct the Public Information Officer to publish these notices in real time on City of Santa Ana social media accounts and the SAPD to publish these notices in real time on SAPD social media accounts. Social media posts from the City of Santa Ana and SAPD social media accounts regarding these notices must be accompanied by links to the City of Santa Ana webpage containing information about residents’ constitutional rights during interactions with federal immigration enforcement officers. 4. Instruct SAPD to provide an oral report on ICE communications, including courtesy alerts, at each Council and Police Oversight Commission meeting. City Council 27 – 2 5/20/2025 CITY ATTORNEY Sonia R. Carvalho CITY MANAGER Alvaro Nuñez CITY CLERK Jennifer L. Hall 20 CIVIC CENTER PLAZA - P.O. BOX 1988, M31 - SANTA ANA, CALIFORNIA 92702 TELEPHONE (714) 647-6900 - FAX (714) 647-6954 - www.santa-ana.org 5. Report back to the Council within 30 days with a draft policy and timeline for implementation. The expectation from the people we serve is clear: we must lead with transparency, not secrecy, when it comes to immigration enforcement activity in Santa Ana. SUBMITTED BY Councilmember Johnathan Ryan Hernandez and Mayor Pro Tem Benjamin Vazquez City Council 27 – 3 5/20/2025 Finance and Management Services www.santa-ana.org/finance Item # 28 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report May 20, 2025 TOPIC: Fiscal Year 2025-26 Budget Work Study Session AGENDA TITLE Fiscal Year 2025-26 Budget Work Study Session RECOMMENDED ACTION Discuss and provide further direction to staff. GOVERNMENT CODE §84308 APPLIES: No DISCUSSION The City Council first provided direction on the Fiscal Year 2025-26 (FY25-26) Budget during the Early Direction session held on March 18, 2025. Additional guidance was given during the stand-alone Work Study Session on May 15. The purpose of this Work Study Session is to offer City Council an opportunity to provide final input on the budget. To gather as much feedback as possible, the annual Budget Priorities Survey will remain open through May 19, with staff presenting the final survey results at the May 20 meeting. Staff plans to incorporate the feedback received during the May 15 workshop into the presentation for the meeting on May 20. The draft budget posted on the City’s website does not yet include City Council direction from May 15. The proposed budget for the June 3 public hearing will incorporate City Council direction from both May 15 and May 20. The following table displays when each document will be shared with City Council and the public: City Council 28 – 1 5/20/2025 Fiscal Year 2025-26 Budget Work Study Session May 20, 2025 Page 2 5 0 6 1 FY25-26 Document Type May 20, 2025 (Draft) June 3, 2025 (Proposed) June 17, 2025 (Proposed) Detailed Budget Document •General Fund Summary •Cannabis Spending •Workforce Changes •Department Budget Detail •General Fund Summary •Cannabis Spending •Workforce Changes •Department Budget Detail •10-Yr Outlook •Charter Requirement for Public Recreation Program Spending •General Fund Summary •Cannabis Spending •Workforce Changes •Department Budget Detail •10-Yr Outlook •Charter Requirement for Public Recreation Program Spending Capital Improvement Plan1 (CIP)- Includes Seven-Year CIP CIP Summary Proposed Document Classification & Compensation Plan1 N/A Proposed Document Uniform Schedule of Miscellaneous Fees1 Summary of New, Modified & Deleted Fees Proposed Document 1City Council approval on June 3, 2025 formally adopts the CIP, the Classification & Compensation Plan, and the Uniform Schedule of Miscellaneous Fees. Only the Budget Ordinance is required to have a 2nd Reading. On June 3, City Council is scheduled to hold a Public Hearing on the budget and consider the first reading of the ordinance to adopt the FY25-26 Budget, which covers the fiscal year from July 1, 2025, through June 30, 2026. The second reading and final adoption of the FY25-26 Budget Ordinance is scheduled for June 17. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT There is no direct fiscal impact at this time. City Council 28 – 2 5/20/2025 Fiscal Year 2025-26 Budget Work Study Session May 20, 2025 Page 3 5 0 6 1 EXHIBIT(S) 1. May 15 Draft Budget Document- https://www.santa-ana.org/fiscal-year-2025-26- budget/ Submitted By: Alex Trinidad, Acting Executive Director of Finance and Management Services Agency Approved By: Alvaro Nuñez, City Manager City Council 28 – 3 5/20/2025