Agenda packet — Santa Ana City Council, December 20, 2022 (part 2 of 10)

33. Adopt Resolution Authorizing Grant Applications for the Fiscal Year 20232024 Measure M2 Comprehensive Transportation Funding Program (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: 1. Resolution No. 2022XXX – Adopt Resolution Authorizing the City of Santa Ana to submit applications for funding consideration under the Measure M2 Comprehensive Transportation Funding Program 2023 Call for Projects.

2. Direct staff to incorporate approved Comprehensive Transportation Funding Program projects into the SevenYear Capital Improvement Program for Fiscal Year 202324.

34. Resolution to Adopt and Approve for Submission of the Fiscal Year 202122 Measure M2 YearEnd Expenditure Report and Adopt the Measure M2 Seven Year CIP Department(s): Public Works Agency
Recommended Action: 1. Resolution No. 2022XXX – Adopt a Resolution approving the Measure M2 Annual Expenditure Report for Fiscal Year 202021, and authorize submission of the report to the Orange County Transportation Authority, as required by Measure M2 Funding Eligibility Guidelines.

2. Update the Measure M2 Seven Year CIP for Fiscal Years 20212022 through 2027 2028.

35. Adopt a Resolution of Intent to Vacate a Portion of Edendale Court behind 1222 and 1226 South Birch Street, Abandonment 2201
Department(s): Public Works Agency
Recommended Action: Resolution No. 2022XXX – Adopt a resolution which declares the City’s intent to vacate a portion of Edendale Court behind 1222 and 1226 South Birch Street, and which sets a public hearing for January 17, 2023.

36. Adopt Resolution of Intention to Disestablish the Downtown Santa Ana Business Improvement District
Department(s): Community Development Agency
Recommended Action: Resolution No. 2022XXX – Adopt a resolution of intention to disestablish the Downtown Santa Ana Business Improvement District and establish a time and place for a public hearing to be held by the City Council on January 17, 2023.

37. Teleconferencing for Meetings of City Council and All Boards, Committees, and Commissions Pursuant to the Provisions of Assembly Bill 361 Department(s): Clerk of the Council Office
Recommended Action: Resolution No. 2022XXX – Adopt a resolution to consider continuing the use of teleconferencing for City Council, board, committee, and commission meetings pursuant to the provisions of Assembly Bill 361 for the next 30 days.
**END OF CONSENT CALENDAR**
BUSINESS CALENDAR

38. Biennial Review and Appointment of Regional Board Representatives Department(s): Clerk of the Council Office
Recommended Action: 1. Review the regional board appointment list and appoint members and alternates to serve as representatives to various outside agencies through December 2024 (or specific term where noted).

2. Resolution No. 2022XXX – Adopt a resolution designating and appointing a representative to the Orange County Fire Authority's Board of Directors, if necessary; and,

3. Direct the Clerk of the Council to update and post the Fair Political Practices Commission (FPPC) Form 806 (Agency Report of Public Official Appointments) on the City's website.

39. Zoning Ordinance Amendment No. 202207 – An Urgency Ordinance of the City Council of the City of Santa Ana Amending Various Sections of Chapter 41 (Zoning) of the Santa Ana Municipal Code (SAMC) Related to Noxious Uses, Medical Offices Operated by Government, GovernmentSubsidized, NotforProfit, or Philanthropic Entities, Electric Fences, and Various Use Definitions
Department(s): Planning and Building Agency
Recommended Action: NSXXXX – Approve Zoning Ordinance Amendment No. 202207 and adopt the Urgency Ordinance by twothirds (2/3) vote to amend various sections of Chapter 41 (Zoning) of the Santa Ana Municipal Code (SAMC). (Requires five affirmative votes)

40. Increase Transparency with City Labor Negotiations
Department(s): Human Resources
Recommended Action: Accept informational report and provide direction to staff. **END OF BUSINESS CALENDAR**
PUBLIC HEARINGS
PUBLIC COMMENTS – Members of the public may address the City Council on each of the Public Hearing items.

41. Amendment Application No. 202201 to Change the Zoning District From Professional to Light Industrial and Appeal Nos. 202201 and 202202 Appealing Planning Commission Approval of Conditional Use Permit No. 202214 to Permit the Establishment of Distribution Uses within an Industrial Building to be Constructed at 17001740 E. Garry Avenue
Legal notice published in the Orange County Reporter on December 9, 2022 and notices mailed on December 8, 2022.

Department(s): Planning and Building Agency
Recommended Action: 1. Resolution No. 2022XXX – Adopt a resolution denying Appeal Application Nos. 202201 and 202202 and upholding the determination of the Planning Commission to approve Conditional Use Permit No. 202214 as conditioned, and

2. Place ordinance on first reading approving Amendment Application No. 202201

42. Conduct a TEFRA Hearing for the First Point Apartments I and Accept a Resolution Approving the Issuance by the California Municipal Finance Authority of Exempt Facility Bonds for a Qualified Residential Rental Project Legal Notice published in the Orange County Reporter on December 9, 2022.

Department(s): Community Development Agency
Recommended Action: 1. Conduct a Tax Equity and Financial Responsibility Act Hearing in consideration of the issuance of tax exempt bond financing by the California Municipal Finance Authority (the “CMFA”) on behalf of the Santa Ana Pacific Associates, L.P. to finance or refinance the acquisition, construction, improvement and equipping of First Point Apartments I, a multifamily rental housing project located at 2114 E. 1st Street, Santa Ana, California (the “Project”).

2. Resolution No. 2022XXX – Adopt a resolution approving the issuance of revenue bonds by the CMFA in an amount not to exceed $123,000,000 for the purpose of financing the Project.

43. Conduct a TEFRA Hearing for the First Point Apartments II and Accept a Resolution Approving the Issuance by the California Municipal Finance Authority of Exempt Facility Bonds for a Qualified Residential Rental Project Legal Notice published in the Orange County Reporter on December 9, 2022.

Department(s): Community Development Agency
Recommended Action: 1. Conduct a Tax Equity and Financial Responsibility Act Hearing in consideration of the issuance of tax exempt bond financing by the California Municipal Finance Authority (the “CMFA”) on behalf of the Santa Ana Pacific Associates II, L.P. to finance or refinance the acquisition, construction, improvement and equipping of First Point Apartments II, a multifamily rental housing project located at 2110 E. 1st Street, Santa Ana, California (the “Project”).

2. Resolution No. 2022XXX – Adopt a resolution approving the issuance of revenue bonds by the CMFA in an amount not to exceed $90,000,000 for the purpose of financing the Project.

44. Implementation of the City’s Last, Best and Final Offer Dated September 8, 2022 Department(s): Human Resources
Recommended Action: As authorized by Government Code section 3505.7, the recommended action of the City Council is to implement the City’s last, best and final offer dated September 8, 2022.

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. Sanitation Fee – Work Study Session
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City Council

15 12/20/2022

City Council Meeting Packet
December 20, 2022
SPECIAL CLOSED SESSION MEETING – 4:00 PM
REGULAR OPEN MEETING – 5:45 PM
(Immediately following the Closed Session Meeting)
CITY COUNCIL CHAMBER
22 Civic Center Plaza Santa Ana, CA 92701
Valerie Amezcua
Mayor
Thai Viet Phan
Councilmember – Ward 1
Benjamin Vazquez
Councilmember Ward 2
Jessie Lopez
Councilmember Ward 3
Phil Bacerra
Mayor Pro Tem 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
Kristine Ridge
City Manager
Norma Orozco
Assistant Clerk of the Council
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/citymeetings.

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. The City Council meeting will occur live via teleconference Zoom webinar. You may view the meeting from your computer, tablet or smart phone via YouTube LiveStream at www.youtube.com/user/SantaAnaLibrary or on CTV3, available on Spectrum channel 3.

PUBLIC COMMENTS – Members of the public who wish to address the City Council on closed session items, items on the regular agenda or on matters which are not on the agenda, but are within the subject matter jurisdiction of the City Council may do so by one of the following ways:

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

Office of the Clerk of the Council, 20 Civic Center Plaza M30, Santa Ana, CA 92701. All written communications received via mail by 3:00 p.m. on the day of the meeting will be distributed to the City Council and imaged into the City’s document archive system which is available for public review.

SENDING EMAIL OPTION – Public comments may be sent via email to the City Clerk’s office at eComment@santaana.org. Please note the agenda item you are commenting on in the subject line of the email. All emails received before 3:00 p.m. on the day of the meeting will be distributed to the City Council and imaged into the City’s document archive system which is available for public review.

LIVE VIRTUAL OPTION – Members of the public may provide live comments during the meeting by Zoom or Conference Call. To join by Zoom click on or type the following address into your web browser https://us02web.zoom.us/j/315965149. To join the Conference Call: Dial (669) 9009128 and enter MEETING ID: 315 965 149#. You will be prompted by the City Clerk when it is time for a: i) closed session item, ii) general agenda item, iii) public hearing item, iv) special agenda item, or v) for Housing Authority item. You may request to speak by dialing *9 from your phone or you may virtually raise your hand from Zoom. After the Clerk confirms the last three digits of the caller’s phone number or Zoom ID and unmutes them, the caller must press *6 or microphone icon to speak. Callers are encouraged, but not required, to identify themselves by name. Each caller will be provided three (3) minutes to speak, unless due to the number of speakers wanting to speak a decision is made to provide a different amount of time to speak.

INPERSON OPTION Members of the public can provide inperson comments at the podium in the Council Chamber. The Council Chamber will have seating available for members of the public to attend the meeting inperson. Public comments are limited to three (3) minutes per speaker, unless a different time is announced by the presiding chair. Speakers who wish to address the Council must do so by submitting a “Request to Speak” card by 4:00 p.m. for Closed Session items and by 6:00 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 BY 4:00 p.m.

Speakers who are not in the speaker queue 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 4:30 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL PRIOR TO 6:00 p.m. Speakers who are not in the speaker queue by 6:00 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 6:00 p.m. will not be permitted to speak.

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 ).

SPECIAL CLOSED SESSION
CALL TO ORDER
ATTENDANCE Council Members Phil Bacerra
Johnathan Ryan Hernandez
David Penaloza
Thai Viet Phan
Benjamin Vazquez
Mayor Pro Tem Jessie Lopez
Mayor Valerie Amezcua
City Manager Kristine Ridge
City Attorney Sonia R. Carvalho
Clerk of the Council
ROLL CALL
PUBLIC COMMENTS – Members of the public may address the City Council on Special Closed Session items.

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:

CLOSED SESSION REPORT – The City Attorney will report on any action(s) to be taken at the Regular Open Session which will begin immediately following the Closed Session.

1. PUBLIC EMPLOYEE EMPLOYMENT/APPOINTMENT pursuant to Government Code 54957
Title: Clerk of the Council, Acting Clerk of the Council, or Interim Clerk of the Council

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

Agency Negotiators: Human Resources Executive Director, Jason Motsick Employee Organizations:

Santa Ana Police Officers Association (POA)
Service Employees’ International Union (SEIU) FullTime Employees Confidential Association of Santa Ana (CASA)
Santa Ana Management Association (SAMA)
RECESS – City Council will recess to Closed Session for the purpose of conducting regular City business.

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

CITY COUNCIL REGULAR OPEN SESSION
CALL TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE Mayor Amezcua
WORDS OF INSPIRATION Bob Barnett, Police Chaplain
CEREMONIAL PRESENTATIONS

1. Certificate of Recognition presented by Mayor Pro Tem Lopez to Benjie’s Deli for Outstanding Contributions to the Local Economy.

2. Certificates of Recognition presented by Councilmember Bacerra to Santa Ana College Student Athletes for their Outstanding Sportsmanship.

3. Proclamation presented by Councilmember Hernandez declaring December 26, 2022 as Boxing Day.

4. Certificate of Recognition presented by Councilmember Penaloza, Mayor Amezcua and Councilmember Bacerra to Maricarmen Reyes for her Outstanding Athletic Accomplishments.

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

PUBLIC COMMENT – Public comments will be held during the beginning of the meeting for ALL comments on agenda and nonagenda items, with the exception of public hearings.

Comments for public hearings will take place after the hearing is opened.

CONSENT CALENDAR
RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 5 through 37.

5. Excused Absences
Department(s): Clerk of the Council Office
Recommended Action: Excuse the absent members.

6. Minutes from the Special Closed Session, Regular Session, Housing Authority, and Special Successor Agency, Meeting for September 06, 2022 Department(s): Clerk of the Council
Recommended Action: Approve minutes

7. Adopt Ordinance No. NSXXXX – AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTERS 8 AND 14 OF THE SANTA ANA MUNICIPAL CODE TO ADOPT AND AMEND THE MOST RECENTLY ENACTED CALIFORNIA BUILDING CODE, CALIFORNIA RESIDENTIAL CODE, CALIFORNIA GREEN BUILDING STANDARDS CODE, CALIFORNIA ELECTRICAL CODE, CALIFORNIA MECHANICAL CODE, CALIFORNIA PLUMBING CODE, CALIFORNIA ENERGY CODE, CALIFORNIA HISTORICAL BUILDING CODE, CALIFORNIA FIRE CODE, CALIFORNIA EXISTING BUILDING CODE, AND INTERNATIONAL PROPERTY MAINTENANCE CODE
First reading at the December 6, 2022 City Council meeting and approved by a vote of 502 (Bacerra and Hernandez absent).

Published in the Orange County Reporter on December 9, 2022.

Department(s): Planning and Building Agency
Recommended Action: Place ordinance on second reading and adopt.

8. Adopt Ordinance No. NSXXXX – ZONING ORDINANCE AMENDMENT NO. 202204 – AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SECTIONS 41130, 41522 AND 411341 OF, AND ADDING SECTION 41130.5 AND ARTICLE XXI (OUTDOOR DINING ON PRIVATE PROPERTY) TO, CHAPTER 41 (ZONING) OF THE SANTA ANA MUNICIPAL CODE ESTABLISHING REGULATIONS RELATING TO THE PLACEMENT, DEVELOPMENT, AND OPERATION OF OUTDOOR DINING ON PRIVATE PROPERTY
First reading at the December 6, 2022 City Council meeting and approved by a vote of 601 (Hernandez absent).

Published in the Orange County Reporter on December 9, 2022.

Department(s): Planning and Building Agency
Recommended Action: Place ordinance on second reading and adopt.

9. Adopt Ordinance No. NSXXXX – ZONING ORDINANCE AMENDMENT NO. 202205 – AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SECTION 41121 OF, AND ADDING ARTICLE XXII (MOBILE FOOD TRUCKS ON PRIVATE PROPERTY) TO, CHAPTER 41 (ZONING) OF THE SANTA ANA MUNICIPAL CODE ESTABLISHING REGULATIONS RELATING TO THE OPERATION OF MOBILE FOOD TRUCKS ON PRIVATE PROPERTY
First reading at the December 6, 2022 City Council meeting and approved by a vote of 601 (Hernandez absent).

Published in the Orange County Reporter on December 9, 2022.

Department(s): Planning and Building Agency
Recommended Action: Place ordinance on second reading and adopt.

10. Receive and file Quarterly Report of Contracts up to $50,000 for NonPublic Works and up to $250,000 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 July 1, 2022 to September 30, 2022, valued at up to $50,000 for nonpublic works contracts and agreements and up to $250,000 for public works contracts and agreements.

11. Budget Calendar for Fiscal Year 20232024
Department(s): Finance and Management Services
Recommended Action: Approve the Budget Calendar for Fiscal Year 20232024.

12. Approve the Annual Calendar of Regular City Council Meetings for 2023 Department(s): Clerk of the Council Office
Recommended Action: 1. Review calendar of regularly scheduled City Council meetings in 2023.

2. Cancel the regularly scheduled City Council meeting for January 3, 2023 and July 4, 2023.

3. Direct staff to post Notice of Cancelation(s). The City Council hereby waives notice of said meetings as required by the government code.

13. Approve an Agreement and Appropriation Adjustment Recognizing Grant Revenue in an amount not to exceed $9,329,973 for the California State Library Building Forward Library Infrastructure Grant Program
Department(s): Library
Recommended Action: 1. Authorize the Library Services Director to execute a Grant Agreement via DocuSign, accepting grant funds in the amount of $9,329,973 for the Building Forward Library Infrastructure Grant Program, beginning upon execution and ending March 31, 2026, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).

2. Approve an appropriation adjustment to recognize $9,329,973 in grant revenue from the California State Library and appropriate $9,329,973 into the appropriate expenditure accounts to implement the program. (Requires five affirmative votes)

14. Approve an Appropriation Adjustment and Additional Contingency Funds for Existing Contracts for the Santa Ana Boulevard and 5th Street Protected Bike Lane Project (Project 176880) (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Authorize a budget reallocation of $150,000 in unspent Measure M2 Fairshare funds to the Santa Ana Boulevard and 5 Street Protected Bike Lane Project (Project No. 176880) from Project Development FY 22/23 (No. 23 6899).

2. Authorize a budget reallocation of $200,000 in unspent Measure M2 Fairshare funds to the Santa Ana Boulevard and 5 Street Protected Bike Lane Project (Project No. 176880) from Right of Way Management FY 22/23 (No. 236900).

3. Approve an appropriation adjustment to recognize $400,000 from Orange County Transportation Authority OC Streetcar Funding in the Select Street Construction, Expense Reimbursement revenue account, and appropriate the same amount to the Select Street Construction, Improvements Other Than Building expense account (Requires five affirmative votes).

4. Approve an amendment to the Fiscal Year 202223 Capital Improvement Program to include $750,000 in construction funds for the Santa Ana Boulevard and 5 Street Protected Bike Lane Project (Project No. 176880).

15. Approve a Budget Reallocation and Award a Construction Contract to Big Ben, Inc., in the Amount of $3,163,400 for the Willard Neighborhood Water and Sewer Main Improvements Projects, with an Estimated Project Delivery Cost of $4,112,420 (Project Nos. 236454 & 166466) (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Award a construction contract to Big Ben, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $3,163,400 for construction of the Willard Neighborhood Water and Sewer Main Improvements Project, for the term beginning December 6, 2022, and ending upon project completion, and authorize the City Manager to execute the contract subject to non substantive changes approved by the City Manager and the City Attorney.

2. Approve the Project Cost Analysis for a total estimated construction delivery cost of $4,112,420, which includes $3,163,400 for the construction contract; $474,510 for contract administration, inspection and testing; and a $474,510 project contingency for unanticipated or unforeseen work.

3. Approve an amendment to the Fiscal Year 202223 Capital Improvement Program to include $984,841 in construction funds for the Willard Neighborhood Sewer Main Improvements Project.

16. Approve Appropriation Adjustment and Amend Agreements with OPAL Fuels Station Services, LLC. for the Design, Construction and Maintenance of a Renewable Natural Gas Fueling Station (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Approve an appropriation adjustment recognizing fund balance of $1,138,300 in the Air Quality Improvement Fund (AB 2766), Prior Year Carryforward revenue account, and appropriating the same amount into the Air Quality Improvement (AB2766) and Fleet Services Air Quality Improvement expenditure account. (Requires five affirmative votes)

2. Authorize the City Manager to execute an amendment to the Design and Build Agreement with OPAL Fuels Station Services, LLC. (formerly TruStar Energy, LLC.) to provide services for Phase I–Design and Phase II–Equipment Procurement and Construction of a new compressed natural gas (CNG) fueling station at the City Corporate Yard, in amount not to exceed $4,972,151, for an amended term to begin December 20, 2022, and expire upon City’s acceptance of project, subject to non substantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).

3. Authorize the City Manager to execute an amendment to the Service Agreement with OPAL Fuels Station Services, LLC. (formerly TruStar Energy, LLC) to provide services to maintain the CNG fueling station at the City Corporate Yard, in an amount not to exceed $595,129, for a fiveyear term to begin upon City’s acceptance of project, with one fiveyear renewal option, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).

4. Authorize the City Manager to execute an amendment to the Environmental Attribute Agreement with OPAL Fuels Station Services, LLC. (formerly TruStar Energy, LLC) for a term beginning January 1, 2023 and expiring September 30, 2032, with provisions for annual renewals, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).

17. Award a Construction Contract to EverLevel Holdings, LLC. in the Amount of $4,482,892 for the First Street Slope Stabilization FY 202122 Project with an Estimated Construction Delivery Cost of $5,600,000 (Project No. 221341) (Non General Fund) (Revive Santa Ana Program)
Department(s): Public Works Agency
Recommended Action: 1. Reject all bids received on February 15, 2022, for construction of the First Street Slope Stabilization Project, due to changes in the scope of work.

2. Reject all bids received on April 5, 2022, for construction of the First Street Slope Stabilization Project, due to changes in the project specifications.

3. Approve an amendment to the Fiscal Year 202223 Capital Improvement Program to include $5,600,000 of American Rescue Plan Act (ARPA) funds for the First Street Slope Stabilization Project (221341).

4. Award a construction contract to EverLevel Holdings, LLC., the lowest responsible bidder, in accordance with the base bid in the amount of $4,482,892, for construction of the First Street Slope Stabilization Project, for the term beginning December 6, 2022 and ending upon project completion, and authorize the City Manager to execute the contract subject to nonsubstantive changes approved by the City Manager and the City Attorney.

5. Approve the Project Cost Analysis for a total estimated construction delivery cost of $5,600,000, which includes $4,482,892 for the construction contract, $667,108 for contract administration, inspection and testing, and a $450,000 project contingency for unanticipated or unforeseen work.

18. Award a Construction Contract to Palp, Inc. DBA Excel Paving Company in the Amount of $5,558,420 for the Safe Routes to School Davis Elementary Access Compliance Project with an Estimated Total Delivery Cost of $6,948,025 (Project Nos. 196951 and 221404) (NonGeneral Fund) (Revive Santa Ana Program) Department(s): Public Works Agency
Recommended Action: 1. Approve an amendment to the Fiscal Year 202122 Capital Improvement Program to include $2,114,025 of funding in American Rescue Plan Funds for the Safe Routes to School Davis Elementary Access Compliance project.

2. Award a construction contract to Palp, Inc. DBA Excel Paving Company, the lowest responsible and responsive bidder, in accordance with the base bid in the amount of $5,558,420, for construction of the Safe Routes to School Davis Elementary Access Compliance Project, for a term beginning December 20, 2022 and ending upon project completion, and authorize the City Manager to execute the contract subject to nonsubstantive changes approved by the City Manager and the City Attorney.

3. Approve the Project Cost Analysis for a total estimated construction delivery cost of $6,948,025, which includes $5,558,420 for the construction contract, $833,000 for contract administration, inspection and testing, and a $556,605 project contingency for unanticipated or unforeseen work.

19. Increase the Contract Amount by $90,000 for an Existing Construction Contract with iBuild Spectrum, Inc., and $10,000 for Additional Construction Engineering for a Revised Estimated Project Delivery Cost of $1,740,000 for the Campesino Park, Memorial Park, and Madison Park Restrooms ( Project Nos. 217533, 217534, 21 7535) (NonGeneral Fund and Revive Santa Ana Program)
Department(s): Public Works Agency
Recommended Action: 1. Approve an amendment to the Project Cost Analysis to reflect the new amount of $10,000 for contract administration, inspection and testing, and a $90,000 project contingency for vandalized work repairs or unforeseen work, subject to nonsubstantive changes approved by the City Manager and CityAttorney.

2. Approve an amendment to the Fiscal Year 202223 Capital Improvement Program in the amount of $100,000, which includes $10,000 in construction engineering funds and $90,000 for construction contingency funds for the Campesino Park, Memorial Park, and Madison Park Restroom Project.

20. Award a Purchase Order to Select Equipment Sales in the Amount of $145,953 for Three Hyundai Hydraulic Forklifts for Public Works Agency Store & Property Control (Specification No. 22158) (General Fund)
Department(s): Public Works Agency
Recommended Action: Authorize a onetime purchase and payment of purchase order to Select Equipment Sales for the purchase of three Hyundai Hydraulic Forklifts, in the amount of $135,953, plus a contingency of $10,000, for a total amount not to exceed $145,953, subject to nonsubstantive changes approved by the City Manager and City Attorney.

21. Amend the Agreement with West Coast Arborists, Inc., for Tree Maintenance Services, Increasing the Annual Amount by $280,000 for the Remaining Term of the Agreement and Exercise First Renewal Option (General and NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute an amendment to the agreement with West Coast Arborists, Inc. (WCA), for tree maintenance services, increasing the annual amount by $280,000, for a total amount not to exceed $2,444,100 with six oneyear renewal options exercisable by the City Manager, for a total agreement amount not to exceed $18,050,750, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022 XXX).

22. Amend the Agreement with Superior Property Services, Inc. To Increase The Total Agreement Amount by $700,000 (Project No. 221402) Not to Exceed $1,966,568 for Hardscape Pavement Cleaning and Infectious Waste Removal Services for the Remaining Term of the Agreement (General Fund) (Revive Santa Ana Program) Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute the first amendment to the agreement with Superior Property Services, Inc. to increase the total compensation amount by $700,000 for a total agreement amount not to exceed $1,966,568, for the remainder of the agreement term expiring June 30, 2026, subject to nonsubstantive changes approved by the City Manager and the City Attorney (Agreement No. 2022XXX).

23. Approve an Agreement with AAA Oil, Inc. for Fuel Delivery and Supply Services (Non General Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute an agreement with AAA Oil, Inc. for fuel delivery and supply services in an annual amount not to exceed $1,300,000 and total amount not to exceed $6,500,000, for a threeyear term beginning December 20, 2022 and expiring December 19, 2025, with an option for one twoyear extension, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).

24. Approve an Agreement with Guidehouse Inc. for American Rescue Plan Act (ARPA) Compliance Consulting Services (Revive Santa Ana Program) Department(s): Finance and Management Services
Recommended Action: Authorize the City Manager to execute an agreement with Guidehouse Inc. for ARPA Consulting Services for a twoyear term, beginning December 20, 2022 through December 19, 2024 with a provision for two oneyear renewals exercisable by the City Manager, for a total aggregate amount not to exceed $400,000, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).

25. Approve an Agreement with Questica Software Ltd. in an Amount not to Exceed $231,804 for Maintenance and Support of Citywide Budget Management Software (General Fund)
Department(s): Finance and Management Services
Recommended Action: Authorize the City Manager to execute an agreement with Questica, Inc. for the maintenance and support of Citywide Budget Management Software for a threeyear term beginning January 16, 2023 through January 15, 2026, for an amount not to exceed $231,804 subject to nonsubstantive changes approved by the City Manager and the City Attorney (Agreement No. 2022XXX).

26. Approve an Additional Agreement with Global Payments Direct, Inc. DBA OpenEdge, to Amend the Card Services Terms & Conditions For Government Entities, Incorporated Within the Prior Agreement Entered into with Global Payments Direct, Inc. DBA Total System Services Inc. (also known as TSYS Merchant Solutions) for Debit/Credit Card Merchant Payment Processing Services and Support and Maintenance in the Amount not to Exceed $1,898,400, which Includes a General Contingency of $242,400
Department(s): Finance and Management Services
Recommended Action: Authorize the City Manager to execute a first amendment to agreement with Global Payments Direct, Inc. DBA OpenEdge/TSYS Merchant Solutions for debit/credit card payment processing services, including support and maintenance in an amount not to exceed $1,898,400; which includes a general contingency of $242,400 over the maximum sevenyear life of the agreement. The first amendment to agreement includes a base term commencing from December 20, 2022 and expiring December 31, 2025, with provision for two renewal options of three years, and one year, respectively ending December 31, 2029 (Agreement No. 2022 XXX).

27. Approve Second Amendment to the Agreement with Aramark Correctional Services, LLC (General Fund)
Department(s): Police Department
Recommended Action: Authorize the City Manager to execute the second amendment to the agreement with Aramark Correctional Services, LLC to provide inmate food service and commissary management in an additional amount of $896,152, including a 12.40percent Consumer Price Index increase adjustment, for a total aggregate amount not to exceed $4,478,718 for the agreement term ending on June 30, 2023, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).

28. Amendment to Agreement with Stage Plus, Inc. for Stage Rental Services to Increase the Annual Not to Exceed Amount by $92,000 per Year through March 31, 2025, for a Total Annual Agreement Amount of $250,000 and $750,000 (Various Funds) for the Term of the Agreement
Department(s): Parks, Recreation, and Community Services Recommended Action: Authorize the City Manager to execute an agreement amendment with Stage Plus, Inc. for stage rental services at City events to increase the annual amount by $92,000 per year for an annual amount not to exceed $250,000 through March 31, 2025 and new total agreement amount of $750,000, subject to non substantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).

29. The Planning and Building Agency/Code Enforcement and City Attorney’s Office are Seeking Authorization to File Receivership Petitions and Prosecute Nuisance Abatement Actions against Owners of Real Properties Located in the City of Santa Ana
Department(s): Planning and Building Agency
Recommended Action: Authorize the filing and prosecution of receivership petitions against owners of the following properties based on nuisance conditions resulting from health and safety violations of the Santa Ana Municipal Code (SAMC):
· 2405 S Maple Street, Santa Ana, CA 92707
· 1615 N Broadway, Santa Ana, CA 92706
· 1001 Freeman Street, Santa Ana, CA 92703
· 1502 N Flower Street, Santa Ana, CA 92706
· 1516 N Flower Street, Santa Ana, CA 92706
· 1522 N Flower Street, Santa Ana, CA 92706
· 1114 W Berkeley Street, Santa Ana, CA 92707
· 1027 N Logan Street, Santa Ana, CA 92701
· 16551659 E First Street, Santa Ana, CA 92701

30. Adopt a Resolution Approving a Reduced Home Occupation Permit Fee for Home Based Businesses/Home Occupations Operating from Residential Premises within the City
Department(s): Finance and Management Services
Recommended Action: Resolution No. 2022XXX – Adopt a resolution approving a reduced Home Occupation Permit Fee for businesses operating from residential premises within the city, lowering the permit fee from $320.00 per permit to $50.32 per permit.

31. Adopt a Resolution Amending the City’s Basic Classification and Compensation Plan in Response to the State’s Increased Minimum Wage Rate
Department(s): Human Resources
Recommended Action: Resolution No. 2022XXX – Adopt a resolution amending and reestablishing the City’s Basic Classification and Compensation Plan to ensure the City complies with the new California minimum wage rate.

32. Adopt a Resolution adopting the One Water One Watershed Plan Update 2018 and authorizing the submittal of grant applications for the New Washington Well Project and the Santa Ana Zoo Stormwater Capture and Diversion Project (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Resolution No. 2022XXX – Adopt a Resolution adopting the One Water One Watershed Plan Update 2018, the Integrated Regional Water Management (IRWM) Plan for the Santa Ana River Watershed, and authorizing the Santa Ana Watershed Project Authority to submit Proposition 1 IRWM grant applications on behalf of the City of Santa Ana for the New Washington Well Project and the Santa Ana Zoo Stormwater Capture and Diversion Project.