Agenda packet — Santa Ana City Council, February 21, 2023 (part 3 of 3)

AGREEMENT WITH DTSA SERVICES FOR

DOWNTOWN SANTA ANA CLEAN & SAFE TEAM
THIS AGREEMENT is made and entered into on this 21st day of February, 2023 by and between DTSA Services, dba for Romo Enterprises, Inc., a California Corporation (“Contractor”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”).

RECITALS
A. On December 7, 2022, the City issued Request for Proposal No. 22-168, by which it sought qualified contractors to provide special skill and knowledge in the field of: Downtown Santa Ana Clean & S afe Team that will manage daily operations that include litte r maintenance, special event litter clean-up, cleaning of city-owned infrastructure (benches, bollards, light poles, etc.), clean alleys, power wash, street closures for city -sponsored special events, and security guard oversight.

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

Contractor represents that it is able and willing to provide the services described in the scope of work that was included in RFP 22-168.

C. In undertaking the performance of this Agreemen t, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional 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
Contractor shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described in the Scope of Work that was included in RFP No. 22-168, which is attached as Exhibit A and incorporated in full, and as more specifically delineated in Contractor’s proposal, which is attached as Exhibit B and incorporated in full. a. Work/Change Orders: During the term of this Agreement, City may provi de to Contractor one or more written work orders, change orders, delivery tickets, or other instruments, requests or established procedures with Contractor, which shall act to require Contractor to supply or perform those services. Each request, regardles s of form, shall be deemed a work/change order governed by and subject to the terms and conditions of this Agreement.

2. COMPENSATION
a. City agrees to pay, and Contractor agrees to accept as total payment for its services for EXHIBIT 2

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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 $5,098,307, a sum comprised of annual amounts contained in Exhibit C with contingencies therein, incorporated here by reference.

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 o f performance set forth in the Recitals which may reasonably be expected by City.

3. TERM

This Agreement shall commence on March 1, 2023, and continue for a 3 year term with the option for the City to grant a 2-year year renewal, exercisable in writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below.

4. INDEPENDENT CONTRACTOR

Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in whi ch Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes.

5. OWNERSHIP OF MATERIALS

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

Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Document s 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.

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6. INSURANCE

Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors.

a. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as:

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Contractor has no owned autos, Code 8 (hired) and 9 (non-owned), with limit no less than $1,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation: insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.

4. If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
b. 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 the Contractor 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 the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if a later edition is used).

2. Primary Coverage: For any claims related to this contract, the Contractor’s insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers.

Any insurance or self -insurance maintained by the City, its officers, officials , EXHIBIT 2

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employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.

3. Notice of Cancellation: Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the City.

4. Waiver of Subrogation: Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

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

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.

6. 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.

7. Claims Made Policies: If any of the required policies provide coverage on a claims-made basis:

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

2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.

3. If coverage is canceled or non -renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work.

8. Verification of Coverage: Contractor shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them.

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

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10. Special Risks or Circumstances: Entity 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

Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims fo r property damage, which may arise from the negligent operations of the Cont ractor, its subcontractors, agen ts, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to pers onal or property rights arises by reason of the terms of, or effect s 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 re quired by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor.

8. INTELLECTUAL PROPERTY INDEMNIFICATION

Contractor shall defend and indemnify the Cit y, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States’ letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Contractor to the City pursuant to this Agreement.

9. RECORDS

Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Ag reement and any services, expenditures, and disbursements charged to the City for a minimum period of thre e (3) years, or for any longer period required by law, from the date of final payment to Contract or under this Agreement. All such records and invoices shall be clearly identifia ble. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreem
ent during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement.

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10. CONFIDENTIALITY

If Contractor receives from the City info rmation which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information ex cept 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 wr itten information, but also information transferred orally, visually, elect ronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agen t of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source ; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor wi thout reference to information disclosed by the City.

11. CONFLICT OF INTEREST CLAUSE

Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services spec ified under this Agreement.

12. NON-DISCRIMINATION

Contractor shall not discriminate because of ra ce, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expr ession, 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 recruitm ent, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Contractor affirms that it is an e qual opportunity employer and shall comply with all applicable federal, state and local laws and regulations.

13. EXCLUSIVITY AND AMENDMENT

This Agreement represents the complete a nd exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or wr itten, 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 representa tive of Contractor. Th e 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 o bligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein.

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14. ASSIGNMENT

Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or s ubcontract any interest herein without the prior written consent of the City and any such assignment, transfer, de legation 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 a ny 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 C ity upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Cont ractor prior to receipt of such notice of termination, subject to the following conditions:
a. As a condition of such payment, the Ex ecutive Director may require Contractor to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use ther eof 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 righ t 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 delivere d 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 part ies further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement.

18. PROFESSIONAL LICENSES

Contractor shall, throughout th e 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 Un ited States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and EXHIBIT 2

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in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement.

19. NOTICE

Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be pr operly 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:

Michael Garcia, Executive Director,
Community Development Agency
City of Santa Ana
20 Civic Center Plaza (M-25)
P.O. Box 1988
Santa Ana, California 92702

To Contractor:

A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transm itted to the new address. If sent by mail, communication shall be effective or deemed to have been given th ree (3) days after it has been deposited in the United States mail, duly regist ered 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, ad dressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded.

Jose Romo
General Manager
DTSA Services
201 E. 4th Street
Santa Ana, CA 92701
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20. FUNDING-RELATED PROVISIONS

Funds from the Coronavirus State Fiscal Recovery Fund and/or the Coronavirus Local Fiscal Recovery Fund, together known as the Coronavirus State and Local Fiscal Recovery Funds (“CSLFRF”) program, will be used to fund all or a portion of this Agreement. As applicable, Consultant shall comply with all federal requirements including, but not limited to, the following, all of which are expressly incorporated herein by reference:

a. Sections 602 and 603 of the Social Secu rity Act as added by Section 9901 of the American Rescue Plan Act of 2021 (the “Act”);

b. U.S. Department of the Treasury (“Treasur y”) Final Rule for the Act, available at https://www.govinfo.gov/content/pkg/FR-2022-01-27/pdf/2022-00292.pdf;

c. Treasury Compliance and Reporting Guidance for the Act, available at https://home.treasury.gov/system/files/136/SLFRF-Compliance-and-Reporting-Guidance.pdf;

d. 2 C.F.R. Part 200 – Unif orm Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, other than such provisions as the U.S. Department of the Treasury may determine are inapplicable to the CSLFRF program and subject to such exceptions as may be otherwise provided by the U.S. Department of the Treasury;

e. Treasury Coronavirus Local Fiscal Recovery Fund Award Terms and Conditions; and

f. Federal contract provisions attached hereto as Exhibit D and incorporated herein by reference.

Subcontracts, if any, shall c ontain a provision making them subject to all of the provisions stipulated in this Agreement. With respect to any conflict between such federal requirements and the terms of this Agreement and/or the provisions of state law and except as otherwise required under federal law or regulation, the more stringent requirement shall control.

21. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants th at its signature herein below has the power, authority and right to bind their re spective parties to each of the terms of this Agreement, and shall indemnify C ity 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 here in and attached hereto shall be incorporated as if fully set forth in the body of this Agreement.

[signature page to follow]

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EXHIBIT A

SCOPE OF SERVICES

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Exhibit A – Scope of Services

1 Downtown Santa Ana Clean and Safe Team

Santa Ana is downtown for the world famous Orange County, California. It is the County Seat, the second-most populous city in Orange County, and is home to a vibrant evening scene and arts community. Furthermore, Downtown Santa Ana (DTSA) is known as a foodie destination as well as a retail hub. There are over 600 businesses and approximately 3,000 residents in DTSA.

Below is a map of the Downtown area. In years past, the Clean & Safe Team was funded at an amount of $500,000 annually. The City is seeking competitive proposals and is open to negotiations.

Scope of Services At-a-Glance

1. Litter Maintenance

2. Special Event Litter Clean-Up/Maintenance

3. Clean & Empty Trash Cans

4. Clean Outdoor Benches, Bollards, & Light Poles

5. Clean Parklets

6. Clean Alleys

7. Clean Bus Stops

8. Street Closures

9. Power Wash

10. Security Guard Oversight

11. Staffing

12. Equipment & Facilities

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Exhibit A – Scope of Services
2 Contractor shall perform the services as set forth below.

1. Litter Maintenance
a. “Litter” is defined as, but is not limited to:
i. Boxes;
ii. Cans;
iii. Papers
iv. Containers marked “trash” (or are obviously trash); v. Unwanted or useless materials, or rejected matter.
b. “Waste” includes, but is not limited to:
i. Gum;
ii. Food remains;
iii. Sewage
iv. Excrement;
v. Grease;
vi. Dust;
vii. Dirt;
viii. Decals
ix. Liquid or dried matter;
x. Oily or sticky substances; and
xi.
c. Remove litter from all outside surfaces including, but not limited to, sidewalks, curbs, tree grates, and store entries. All litter from such surfaces shall be removed from the area and emptied into a designated trash dumpster or receptacle in such a manner as to prevent the adjacent area from becoming littered by such trash. d. Waste shall be removed from all outside surfaces including, but not limited to, sidewalks, curbs, tree grates, store entries, and trash receptacles. All waste from such surfaces shall be removed from the area and emptied into a designated trash dumpster or receptacle in such a manner as to prevent the adjacent area from becoming soiled by such waste. Waste removal shall be accomplished by the complete and thorough removal of said substances from the area—not by moving it from one surface to another or covering said substances with sand or similar materials.

2. Special Event Litter Clean-Up/Maintenance
a. Clean & Safe Team will provide litter clean-up/maintenance services for designated special events that are approved by the City. b. Provide litter clean-up for on-call situations after special events that do not provide adequate clean-up, must be approved by the City.
c. Contractor may access City water resources to fill K-Rails for use at special events that are approved by the City.

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Exhibit A – Scope of Services
3 3. Clean & Empty Trash Cans
a. All 90+ trash containers within the downtown business district shall be emptied and cleaned at least five (5) times per day, everyday. Trash including, but not limited to, boxes, cans, papers, and other containers marked “trash” (or clearly trash items) shall be removed, along with the liner. All trash from such garbage receptacles shall be removed from the downtown district and emptied into a designated trash dumpster or receptacle in such a manner as to prevent the adjacent area from becoming littered by such trash.
b. Any trash containers that may become filled prior to the scheduled routing cleaning, particularity between the hours of 11:00 AM and 4:00 PM daily, shall be emptied as needed. Trash containers should never have accumulated trash or waste above th e level of the container. Whether full or not, container shall be emptied and cleaned if it is omitting a foul, rancid, or putrid odor or showing signs of insect or rodent infestation.
c. Insert new liners into trash containers, securing said liners in such a manner as to present a neat uniform appearance and replacing container lids in their correct position.
d. Remove all waste including, but not limited to, gum, food remains, sewage, excrement, grease, dust, dirt, decals, liquids, dried matter, oily or sticky substances, and graffiti, etc. from the surface of trash containers using a clean cloth or rag, and germicide detergent solution. Cleaning shall be accomplished by the complete and thorough removal of said substances from the area —not by moving it from one surface to another or covering said substances with sand or similar materials. This includes, but is not limited to, the cleaning of the immediate area surrounding the trash containers.

4. Clean Outdoor Benches, Bollards, & Light Poles
All benches, bollards and light poles within the area shall be cleaned on a regular basis using clean cloths and a detergent solution. Remove all waste including, but not limited to, gum, food remains, excrement, grease, dust, dirt, litter, liquids, dried matter, de cals, sticky substances, graffiti, etc. leaving object in working condition. The immediate area surrounding the object shall be cleaned in the same manner.

5. Clean Parklets
a. Pick-up litter and waste seven (7) days per week on an average of 40 hours per week.
b. Litter and waste shall be removed from all outside surfaces including, but not limited to, sidewalks, curbs, and store entries. All litter from such surfaces shall be removed from the area and emptied into a designated trash dumpster or receptacle in such a manner as to prevent the adjacent area from becoming littered by such trash. Wipe down parklet structure on a daily basis. c. Conduct light power washing of the parklets on an as needed basis. “Light Power EXHIBIT 2

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Exhibit A – Scope of Services
4 wash” is defined as the simultaneous mechanical removal of materials or pollutants from the surface for the pavement, through application of water under pressure with elevated temperatures used in the cleaning process and collection of waste and water (light pressure, only to be done in spots or areas of need, conducted minimally).
d. Process used shall leave the area clean and free from stains and of all loose, embedded materials including chewing gum. The cleaning process must not damage the concrete surfaces or the brick paver surface. All gu m must be removed from the paver, concrete and other sidewalk surfaces. e. Use the appropriate materials to clean or repair the parklets as needed. Contractor will provide the necessary and needed materials for parklet repairs such as, but not limited to the following items:
i. Wood Sealer (flooring or wood rails)
ii. Paint & Brushes & Roller Brushes
iii. Sand Paper
iv. Extra Wood flooring pieces for replacements if needed f. Parklets Locations:
i. Bird & Barrel at 305 E. 4th Street Suite 105 – Parklet with shade sail ii. Frida Cinema at 305 E. 4th Street Suite 100 – Parklet with shade sail iii. Chevita’s Juice at 209 W. 4th Street – Parklet with shade sail iv. 4th Street Market at 201 E. 4th Street – Parklet with shade sail v. Chapter One at 227 N Broadway – Parklet with shade sail vi. Mission Bar at 308 N Main Street – Parklet with shade sail vii. Next Round Bar & Grill at at 200 N Broadway – Parklet with shade sail g. Contractor may be responsible for the dismantl ing, removal and disposal of Parklets that are in subpar condition, as determined by and in the discretion of the City., Contractor may sub-contract such services to dismantle, remove or dispose of Parklets and utilize the approved budget for such work.

6. Clean Alleys
a. Alleys shall be clear of trash, waste, shopping carts, pallets, leave s, and excrement. Shopping carts shall be picked up and taken to shopping center parking lot. Boxes shall be flattened and placed securely in trash container in such a manner as to not protrude excessively. Excrement shall be picked up and disposed of properly, and area washed down with proper germicidal solution. b. Downtown Alley Locations:
i. 100 East Fourth Street (south alley)
ii. 200 East Fourth Street (south alley)
iii. 300 East Fourth Street (north and south alley)
iv. 100 West Fourth Street (south alley)
v. 200 West Fourth Street (south alley)
vi. 300 West Fourth Street (south alley)
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Exhibit A – Scope of Services
5 vii. 400 West Fourth Street (south alley)

7. Clean Bus Stops
a. Bus stop areas are cleaned by the City of Santa Ana’s contractor, however, the Clean & Safe Team will complement the cleaning of the bus stops by cleaning all debris, bum, dirt, grime, oil, stains and other fluids. Clean & Safe Team will not be responsible for emptying the locked trash container at the bus stops. b. Downtown Bus Stop Locations:
i. 400 North Main west side of street
ii. 300 North Main east side of street
iii. 200 West 5th street south side of street
iv. 200 East 5th street south side of street
v. 100 West Santa Ana Boulevard north side of street
vi. 200 East Santa Ana Boulevard north side of street

8. Street Closures
a. Provide street closure services with approved Traffic Control Plans as approved by Public Works Agency for special events approved or co-sponsored by the City.

The City owns various street closure equipment and signs which may be available for Contractor’s use upon coordination.
b. Set up water-filled k -rails, barricades, traffic cones, traffic signs, A -frames, and ensure safe street closures.
c. Remove street closure equipment, track inventory, and properly store equipment in storage areas.
d. Contractor must be capa ble of creating Traffic Control Plans to be reviewed and stamped by a traffic control engineer for any street closure needed in DTSA. e. Contractor must have experience to perform street closure services. f. Special event street closures often occur during the early part of the morning and late at night, between 4:00 AM or 5:00 AM and removal of equipment at 11:00PM to 2:00AM. Noise levels must be maintained to a minimum after 10:00PM. g. Contractor may use water from City -owned facilities within Downtown Santa Ana for the purpose of cleaning or traffic control equipment.

9. Power Wash
a. “Power wash” is defined as the simultaneous mechanical removal of materials or pollutants from the surface for the pavement, through application of water under pressure with elevated temperatures used in the cleaning process and collection of waste and water.
b. Process used shall leave the area clean and free from stains and of all loose, EXHIBIT 2

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Exhibit A – Scope of Services
6 embedded materials incl uding chewing gum. The cleaning process must not damage the concrete surfaces or the brick paver surface. All gum must be removed from pavers, concrete, and other sidewalk surfaces. c. Sidewalks: All gum, dirt, grime, oil, stains and other fluids shall be removed from the sidewalls by using power washing equipment.
d. Bus stops: Bus stop areas are cleaned by another City contractor, however, the Clean & Safe Team will compliment the cleaning of bus stops by cleaning all debris, gum, dirt, grime, oil, stains, and other fluids. Clean & Safe Team will not be responsible for emptying locked trash containers at bus stops. e. Subcontracting for power washing services is acceptable. Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein within the Agreement with DTSA Services for Downtown Santa Ana Clean & Safe Team, and Contractor shall ensure that the City is a named additional insured on insurance policies required from subcontractors. f. Downtown Bus Stops:
i. 400 North Main west side of street
ii. 300 North Main east side of street
iii. 200 West 5th street south side of street
iv. 200 East 5th street south side of street
v. 100 West Santa Ana Boulevard north side of street
vi. 200 East Santa Ana Boulevard north side of street
g. Power wash alleys: Alleys are to be cleaned of a debris, bum, dirt, grime, oil, stains and other fluids.
h. Contractor may use water from City -owned facilities within Downtown Santa Ana for the purpose of cleaning or traffic control equipment. i. The following are alley locations within the Downtown:
 100 East Fourth Street (south alley)
 200 East Fourth Street (south alley)
 300 East Fourth Street (north and south alley)
 100 West Fourth Street (south alley)
 200 West Fourth Street (south alley)
 300 West Fourth Street (south alley)
 400 West Fourth Street (south alley)
 Second Street Promenade (once per week, see area map below) EXHIBIT 2

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Exhibit A – Scope of Services
7 10. Security Guard Oversight
a. Contractor must have experience supervising a security guard team. b. Will assist in coordinating, securing, and compensating additional or on -call security guards for special events or emergencies or as needed with approval by the City.
c. The City currently has a contract in place for security guards services, which will expire within 2 years or sooner. The City will continue to oversee that service and pay the contractor directly until the agreement termination. d. The initial years of the contract will exclude the cost of security, but during the 2nd or 3rd year of this contract, the funding will increase to cover the cost of security guards services in DTSA.
e. Thereafter, the selected contractor for the DTSA Clean & Safe Team will be solely responsible for procuring, hiring, compensating and overseeing the security guard company for the duration of the contract. The agreement will be augmented to cover the cost of security guard services.
f. Security Guard services in DTSA consist of guard se rvices seven (7) days per week, one (1) security guard per shift, based on the schedule outlined below (subject to change based on need and/or special events):
i. Monday-Wednesday 9:00 AM–10:00 PM
ii. Thursday 9:00 AM—12:00 PM
iii. Friday 9:00 AM—12:00 AM (midnight)
iv. Saturday 10:00 AM—12:00 AM
v. Sunday 10:00 AM—10:00 PM

11. Staffing
a. Staffing should be experienced in the cleaning/maintenance industry with proper EXHIBIT 2

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Exhibit A – Scope of Services
8 uniforms and equipment to execute the service well with experience working in downtown areas and government.
b. Clean & Safe Team staff must be readily available within 5 -10 minutes upon service calls from merchants, visitors, residents, and staff. c. Supervisor must be onsite and respond in person within five (5) minutes to any calls for service by the City.
d. Supervisor must attend weekly meetings at City Hall or other designated locations. e. Supervisor must be involved in the planning stages of all events taking place in DTSA and provide logistics support.
f. Sufficient staff levels should be made available on a daily basis. g. A supervisor must be available during normal business hours between 8 A.M. – 5 P.M. and must be accessible after hours in case of an emergency or urgent situation. Must also, be available during special events (off hours) to ensure proper supervision, productivity, and to maintain quality of service. Special events typically occur on weekends and/or evening hours.
h. Supervisors are expected to attend City weekly meetings and other monthly meetings, as needed.
i. From time to time, staff should be available as needed to distribute flyers on behalf of the City for programs, events, etc.
j. Staffing schedules may vary based on City needs and/or special events, but in general should be available before most businesses open in order to clean DTSA as early as possible. The schedule below has historically been successful, but can be modified upon mutual agreement based on service needs during the term of the contract:
i. Litter Team: Monday – Sunday 7:00 AM – 9:00 PM
ii. Power Washing Team: Monday – Sunday 4:00 AM – 10:00 PM

12. Contractor’s Equipment & Facilities
a. Contractor must have the following at minimum:
i. Two (2) 4-cubic yard waste containers; and
ii. One (1) 4-cubic yard recycle container.

Note: All three (3) 4-cubic yard containers must be kept in a safe and enclosed location in Downtown Santa Ana.
b. Trash must be serviced daily by Republic Services (City’s contracted trash hauler) and at Contractor’s expense. The City’s trash dumpster shall not be used. c. Contractor must have at least one truck available every day from 7:00 AM to 9:00 PM for staff use to transport bags full of trash to waste containers.

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Exhibit A – Scope of Services

9 d. Contractor must have a storage space in DTSA to store cleaning equipment and supplies (leased space is appropriate). Sto rage space must be secured and maintained at Contractor’s sole expense.

e. Contractor may use water from City -owned facilities within Downtown Santa Ana for the purpose of cleaning or traffic control equipment.

f. Contractor may consider the purchase of a Utility Golf Cart to use for maintenance needs, traffic control equipment transportation, and other miscellaneous needs in Downtown Santa Ana. The Utility Golf Cart would be purchased by the Contractor, but would be the property of the City of Santa Ana. Maintenance services for Utility Golf Cart including maintenance, repairs, and towing will be provided by the City of Santa Ana’s Fleet Division at the City’s expense. The Utility Golf Cart must be stored within Downtown Santa Ana or other City facilities as approved by the City.

Contractor must maintain and budget for insurance for the Utility Golf Cart throughout the term of Agreement, in accordance with the Agreement . Staff that operate the Utility Golf Cart must hold a valid California Driver’s License and be in good standing.

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EXHIBIT B

CONTRACTOR’S PROPOSAL

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a. Cover Letter
04 b. Services Provided
03 05
07 11
12 14
15 TABLE OF

CONTENTS
d. Firm and Team Experience
e. Proposed Work Plan
Cost Proposal
Exhibit B
Power Wash Frequency Schedule
Exhibit A
Cost Proposal Explanations
Certifications
Attachments A-F
22 Letters of Recomendation
c. Agreement Statement
Statement of Qualifications 02
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1 DTSA SERVICES PROPOSAL
FOR

DOWNTOWN SANTA ANA

CLEAN AND SAFE TEAM

Response to RFP No. 22-168

Primary Contact
Jose Romo, General Manager
714-612-9227
[email protected]

Company Address
201 E. 4th Street
Santa Ana, CA 92701

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STATEMENT

OF QUALIFICATIONS
Our team is comprised of hardworking
individuals dedicated to the cleanliness,
upkeep, security oversight and event
services of Downtown Santa Ana.

We have extensive knowledge of the area
and have built loyal and trusted
relationships with Downtown Santa Ana
stakeholders.

As a member of the International
Downtown Association, we stay up to date
with the latest trends and provide
improved services to our community.

We are an experienced team dedicated
solely to Downtown Santa Ana. This allows
us to effectively assess and respond to the
needs of the businesses and residents
quickly and effectively.

DTSA Services team members also act as
Ambassadors of Downtown Santa Ana
providing constant guidance and help to
all creating a positive experience, which is
key for customer and visitor retention.

DTSA Services team thrives on making
Downtown Santa Ana appealing, vibrant
and safe for the enjoyment of residents,
employees, customers and visitors.

Primary Contact
Jose Romo, General Manager
714-612-9227
[email protected]

Our unique approach, loyalty and
dedication to this community makes
us the best candidate to continue
providing these critical services to
the Downtown Santa Ana
community.
201 E. 4th Street, Santa Ana, CA 92701
Established in 2009, we are a small,
minority owned, local Santa Ana
company.

With over 50 years of combined
team experience in Downtown
Santa Ana, we are vested in the
success and future growth of the
area.

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3 January 5, 2022
Ms. Julie Castro
Economic Development Specialist II
20 Civic Center Plaza
Santa Ana, CA 92701

Dear Ms. Castro,
Building upon our history of commitment and service to the City of Santa Ana, DTSA Services is pleased to present a proposal to provide Clean & Safe services in Downtown Santa Ana. Our company has unique expertise and history in the area, making us the ideal company to provide these critical services.

Since 2014, our dedicated team has devoted great efforts to uplift our community by cleaning and upkeeping the Downtown area. I am proud to share that we have successfully and efficiently maintained eighty -two blocks, ensuring they are clean, safe, appealing to visitors and a source of pride for all Santa Ana residents.

DTSA Services is a DBA of Romo Enterprises Inc, a California corporation. We are proudly headquartered in Downtown Santa Ana and have provided Clean & Safe services to the Downtown area for the past nine years. Apart from our extensive experience, our team has strong ties to Santa Ana, with six of our employees being Santa Ana residents, and three of them residing within Downtown Santa Ana. In my capacity as President and General Manager of DTSA Services, I oversee the daily operations of our Clean and Safe Team and maintain an office, employee rest area, cleaning equipment, supplies and waste container s enclosure in the heart of Downtown Santa Ana. Our readiness to serve the community within minutes is ensured by being within this area of service.

In the course of providing cleaning services, we have attained incomparable historical knowledge of the area and its operations and established strong relatio nships with a variety of stakeholders, including businesses and residents. It is my philosophy that it is important to build bonds with the community so that they can be part of the long -term maintenance and beautification of the area. Downtown Santa Ana i s an evolving area, and it is important that whoever is chosen to provide these services is familiar with the challenges and unique dynamics of the area.

As our name states, DTSA Services is here to serve Downtown Santa Ana. We believe that the enclosed proposal presents a comprehensive service plan that will continue to uplift the area and look forward to continuing to work with the City of Santa Ana for the betterment of the community.

Sincerely,

Jose Romo
President and General Manager
(714) 612-9227 | E-mail: [email protected]
a. Cover Letter

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4 b. Services Provided

Downtown Santa Ana is an urban center, county seat and the heart of Orange County. With its rich culture and history, it is the perfect setting for shopping, great dining and a multitude of unique and diverse programming and entertainment. An integral part of delivering a desirable environment to guests and local businesses is by ensuring that our Downtown area is clean and safe for all to enjoy . DTSA Services takes pride in having been a member of the business community and in having provided these critical services for the past nine years.

While long -standing businesses continue to prosper, Downtown Santa Ana is constantly changing. A growing evening scene and new art galleries have boosted the area’s commerce by extending business hours into the evening. The Downtown area is also experiencing a significant housing boom with approximately 3,000 people living in the area. Within a year, this number of residents will double.

With our understanding of Downtown Santa Ana ’s current clean & safe needs, we ’ll provide the following services:

● Litter Maintenance: Remove litter and waste from all outside surfaces including but not limited to sidewalks five times per day.
● Special Event Litter Clean -Up Maintenance: Provide cleaning services during and after City approved events.
● Clean and Empty Trash Cans: Replace the 90 trash can liners five times per day and wipe down trash cans.
● Clean Outdoor Benches, Bollards and Light Poles: Wipe down outdoor furniture daily. ● Clean Parklets: Remove litter and waste daily. Light power wash as needed. ● Clean Alleys: Remove trash, waste, excrement, etc. from alleys daily. ● Clean Bus Stops: Complement cleaning services of bus stops daily. ● Street Closures: Provide street closure services for City approved events. ● Power Wash: Power wash all 82 sidewalks and 7 alleys monthly following a specific schedule. ● Security Guard Oversight: Daily supervision of security guards. ● Staffing: Provide experienced and required level of staff on a daily basis. ● Equipment & Facilities: Provide adequate trash containers, vehicles, and storage facilities.

In addition to the services required on the Request for Proposal DTSA Services will conduct the following assessment:

● Daily Downtown Area Needs Assessment: Following our current practices, DTSA Services will conduct a walkthrough inspe ction of the entire Downtown area and report vandalism, homeless encampments, abandoned property, etc. to the appropriate City of Santa Ana agency. If vandalism is identified, DTSA Services will contact the Santa Ana Police Department and the business owners impacted.

c. Agreement Statement

DTSA Services has read and reviewed the Sample Agreement of this Request for Proposals No. 22-168 for Downtown Santa Ana Clean & Safe Team. We concur with all provisions contained in Exhibit III – Sample Agreement.

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5 d. Firm and Team Experience

DTSA Services Mission Statement:

To Provide a Clean and Safe environment with efficient, prompt, and professional service for the enjoyment of Downtown Santa Ana residents, employees, customers and visitors.

DTSA Services began providing cleaning services in Orange County in 2009 and wa s selected to provide Clean & Safe services in Downtown Santa Ana in 2014. DTSA Services is located in Downtown Santa Ana (201 E. 4th Street, Santa Ana, CA 92701) and provides the following services:

● Litter pick-up and maintenance
● Clean and empty trash cans
● Clean outdoor benches, bollards, and light poles
● Clean bus stops
● Clean parklets and minor repairs
● Power wash services
● Special event litter clean-up during and after event
● Security guard oversight
● Special event street closures and logistic services
● Traffic control plans
● Consulting services

Meet Our Team
The Ambassadors of Downtown Santa Ana

DTSA Services employees take pride in serving as ambassadors to Downtown Santa Ana visitors. In addition to ensuring the upkeep of the area, our team members provide directions, answer questions, and greet people with warm smiles. DTSA Services has nine employees dedicated to maintaining and upkeeping Downtown Santa Ana. Six employees are Santa Ana residents and three of them live in Downtown Santa Ana.

DTSA Services team members have the experience to contact SMART when needed. The Santa Ana Multi- Disciplinary Response Team (SMART) dispatches outreach workers, case managers, substance abuse professionals, mental health clinicians, nurse practitioners and plain-clothes private safety officers for non- emergency homeless related issues.

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6 Project Manager

JOSE ROMO
President and General Manager

Jose Romo is dedicated full time to oversee the team
members of the Downtown Santa Ana Clean & Safe
Program.

Jose emigrated to Orange County in 1985 and made Santa
Ana his home. He attended Santa Ana College and
California State University, Fullerton. In 1991 he had an opportunity to work in Downtown Santa Ana and has never left the area.

Jose has been part of the fabric of Downtown Santa Ana for over 30 years. Starting as a store manager for five years, Jose then took on the challenge and responsibility to be a business owner and consultant. Jose owned three retail stores on 4 th Street in Downtown Santa Ana until the early 2010’s before deciding to focus his time on the cleaning services business he started in 2009. In 2014, Jose’s company was selected to provide Clean & Safe services to Downtown Santa Ana.

Jose has created relationships with most of the 600 current Downtown Santa Ana business owners and many residents, including the HOA presidents. Jose responds to all calls for service personally and follows up with individuals that requested the service. J ose visits colleagues, neighbors, and members of his community frequently to make sure there is constant and clear communication regarding the Clean and Safe needs of Downtown Santa Ana. He also attends the local association’s meetings and gives a report of daily activities.

Jose understands the current Clean & Safe needs of Downtown Santa Ana. Members of the community know they can call him anytime and trust issues to be resolved within minutes. Jose has earned the trust of the Downtown Santa Ana community with hard work, responsiveness, and results.

Jose is a firm believer in teamwork and builds highly successful teams. As a testament of his leadership, most of the DTSA Services team members are long time employees. Every day, Jose spends time with his employees, briefing them of any issues and assisting them in their routines. Jose has never had staffing problems, a feat that he attributes to his belief in paying employees above the industry average and treating them with respect and gratitude.

Jose is a member of the International Downtown Association. Jose has attended several meetings of the International Downtown Association and has had the opportunity to hear and share Downtown Clean and Safe experiences of other cities around the country.

Jose is excited for the opportunity to continue providing services to Downtown Santa Ana. Jose is also ready and willing to make any necessary changes to the services or team schedules as the needs of Downtown Santa Ana continue to grow and evolve.

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7 e. Proposed Work Plan

DTSA Services has read and reviewed the Scope of Services in the Request for Proposals No. 22 -168 for Downtown Santa Ana Clean & Safe Team. We are capable and ready to provide all of the work and services requested.

Anticipated Approach

DTSA Services is ready to provide Clean & Safe services on or about March 1, 2023. Below you will find details of deliverables and implementation plan.

1. Litter Maintenance

DTSA Services divides Downtown Santa Ana into the following 3 areas:

● 4th Street and Alleys.
● 1st Street to 3rd Street.
● North of 4th Street to Civic Center Dr.

Three DTSA Services porters start their shift at 7 am. Each porter is assigned to a specific area. Porters remove trash, boxes, cans, papers, food remains, excrement from sidewalks, curbs, and store entries. Waste is removed from sidewalks, curbs, and store entries. Porters end their shift at 4 pm.

To ensure there are no gaps in service, two other DTSA Services porters start their shift at 3 pm. Each porter is assigned to a specific area. Porters remove trash, boxes, cans, papers, food remains, excremen t from sidewalks, curbs, and store entries. Waste is removed from sidewalks, curbs, and store entries. Porters end their shift at 9 pm.

The first crew cleans the assigned area three times daily during their shift. The second crew cleans the assigned area twice daily.

DTSA Services will only use Eco-friendly chemicals and cleaning products while conducting all cleaning activities.

2. Special Event Litter Clean-Up/Maintenance

DTSA Services will provide clean up services during and after special events. Wor king with the City of Santa and Event Producers to understand the type, size, and attendance of the event, we will assign porters to clean the area. At minimum, two porters are assigned per event block to provide clean-up services during an event.

3. Clean and Empty Trash Cans

Litter maintenance porters will conduct daily trash can maintenance. Our porters will empty the 90+ trash cans in the area and sanitize them both inside and outside. All trash will be removed along with the liners.

All 90+ trash cans will be cleaned and emptied at least five times daily. Liners will also be properly secured.

Trash cans will be cleaned using a clean cloth and a germicide detergent solution. All decals and graffiti will be removed as needed. When a business owner or resident requests a trash can to be cleaned or emptied, DTSA Services will typically respond within five minutes.

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8 4. Clean Outdoor Benches, Bollards and Light Poles

Benches, bollards, and light poles will be cleaned by the litter maintenance crew during their route(s). All waste, posters, flyers, and decals will be removed. Benches, bollards, and light poles will be properly cleaned daily.

5. Clean Parklets

One DTSA Services porter is assigned to clean the seven DTSA parklets starting at 7 am daily. The porter will remove all litter and waste. Light power washing and repairs will be conducted on an as needed basis by a DTSA Services manager. All materials will be provided.

6. Clean Alleys

One of the litter maintenance porters is in charge of cleaning the alleys. All alleys are cleaned three times daily, and, on several occasions, they are cleaned more than three times per day. All alleys will be cleared of trash, waste, shopping carts, pallets, leaves, and excrement.

7. Clean Bus Stops

The litter maintenance porters will complement the cleaning of the bus stops during their regular route(s).

8. Street Closures

The DTSA Services manager will meet with the event organizer three months prior to the date of the event to provide support and review the event area. The DTSA Services manager will create a Traffic Control Plan for the event to be reviewed and stamped by a traffic control engineer. DTSA Services will provide street closure services for up to six City approved events . DTSA Services will setup the following equipment:

● K-rails
● K-rails will be filled up with water
● Pedestrian steel barricades
● Street closure signs
● Traffic cones
● A-frames

DTSA Services will ensure safe street closures and will follow the event’s Traffic Control Plan. DTSA Services will have streets closed in a safe manner by 6 am and will start removal of equipment once all event vendors have left the area, usually between midnight and 1 am. DTSA Services will also ensure noise levels are maintained at a minimum during setup and removal of equipment.

9. Power Wash

DTSA Services will provide power wash services in Downtown Santa Ana every day of the week. Power washing in Downtown Santa Ana will take place daily from 4 am to 10 am. Power wash will leave sidewalks, bus stops, and alleys free from stains and loose, embedded materials including chewing gum, debris, dirt, grime, oil, urine, and other fluids. Power wash in residential areas will take place starting at 8 am. DTSA Services will follow all power wash industry standards.

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9 10. Security Guard Oversight

DTSA will provide the following services:

● Develop a security guard schedule.
● Adjust security guard schedule as needs change.
● Assign work areas for officers to patrol.
● Meet security guard(s) daily.
● Brief security guard(s) on previous day’s developments. ● Provide direction on any follow up needed.
● Inform security guards of areas that need attention.
● Supervise/walk Downtown Santa Ana daily to monitor security guard activity. ● Request and review incident reports.
● Continue to serve as the contact for merchants who request security guard services. ● Communicate directly with businesses, residents, event organizers, and other DTSA members on security guard services/needs.
● Follow up with Downtown Santa Ana police officers on any incidents. ● Provide to the Downtown Liaison feedback received from the Downtown Santa Ana community regarding security guards’ performance.
● Develop effective relationships with all security personnel. ● Act as intermediate contact between Downtown Santa Ana community and security guard company.
● Provide constant feedback to Downtown Liaison of security guard fit in the DTSA community. ● Ensure effective and constant communication between security guards and DTSA SAPD officers.

11. Staffing

DTSA Services will provide experienced personnel with proper uniforms, equipment, and supplies.

Adequate number of staff will be made available daily. Six members of DTSA Services who will be assigned to the Clean & Safe team live in Santa Ana. Three of them live in Downtown Santa Ana.

The DTSA Services manager will be onsite and will respond in person typically within five minutes to any calls for service. DTSA Services porters will respond within ten minutes to any service calls from merchants, residents, visitors, and staff.

DTSA Services is currently leasing office and storage facilities in Downtown Santa Ana. All equipment and cleaning supplies will be kept in that storage.

DTSA Services will be involved in the planning stages of all events taking place in Downtown Santa Ana and will provide logistics support.

DTSA Services manager will attend all required meetings at City Hall or any other designated location.

DTSA Services is located in Downtown Santa Ana. The DTSA Services manager works from the leased office in Downtown Santa Ana and supervises the crew daily. The DTSA Services manager is onsite during the duration of all downtown events and personally supervises clean up and street closure services.

DTSA Services staff will always be ready to distribute flyers on behalf of the City of Santa Ana programs, events, etc.

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10 12. Contractor’s Equipment & Facilities

DTSA Services currently has the following equipment:

a. Two 4-cubic yard waste containers
b. One 4-cubic yard recycle container
c. Pickup truck available 7 am to 9 pm to transport bags full of trash to waste containers

Waste and recycle containers are in a leased space in Downtown Santa Ana. Containers are kept in a clean, safe, and enclosed location. Republic Services provides daily pick-up service.

13. Suggestions

a. Downtown Santa Ana will double its number of residents and pets in the next couple of years.

Planning for the new pets should be started soon. Communication, and education with pet owners is a must. Installation of “Clean up After your Dog” signage should be considered. b. DTSA Services is willing to add litter maintenance of the upcoming skate park to the scope of services.

DTSA Services has the needed permanent full -time positions to provide all the above services. DTSA Services has the ability to scale staff according to the needs of Downtown Santa Ana.

DTSA Services supports the right of its employees to Unionize.

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11 Cost Proposal

DTSA Services will submit invoice for services provided on the last day of the month. Payment terms: Net 15.

DTSA Services is open to negotiate the above cost proposal to best meet the needs and budget of the City of Santa Ana.

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12 Exhibit A
Cost Proposal Explanation

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13 Exhibit A
Cost Proposal Explanation- Continued

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14 Exhibit B
Power Wash Frequency Schedule
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15 Certifications

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16 EXHIBIT 2

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18 EXHIBIT 2

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22 January 6th, 2023
Julie Castro
Economic Development Specialist II, Community Development Agency I am writing this letter to offer my full support and importance for Jose Romo's team to carry on the Clean & Safe program for the downtown. As a business owner on a corner who is at my business nearly every day, I believe this position will be best facilitated by Mr. Romo's crew.

They demonstrate care, professionalism, understanding and a connection to the environment they have served that would far exceed the work of other proposals offered. This position is of extreme importance and this is why I am writing to you.

Jose's team has been an integral part of the downtown fabric for years. Anyone who has a business here knows this as the team not only by name but the team knows all of us by name and needs as well. This alone is extremely important and is invaluable as the dynamic of this area needs the care and knowledge that only a team with on-hand experience and institutional knowledge has. Jose's team has this experience--they have never faltered in their tasks.

I have known Jose for over 20 years, since I helped to start the ﬁrst farmers' market in downtown. His commitment to the district, the businesses, people and customers is unparalleled to anything that can be proposed. You simply cannot replace the years of work he and the team have done. And quite honestly, we as a district that has been through so much over the past 3 years would appreciate and thrive with a team that understands our needs, our personalities, and just the landscape that is unique and special. This team gets it and Jose gets it as leading this team.

Some examples of how Jose's team is vital to the area:
- during the George Floyd demonstrations in Spring 2020: Jose and team members waited with me in front of my shop immediately without call to make sure the 4th street area was protected until police had a lockdown of the area.
- constant immediate cleaning of the street/trash/loiters - assisting neighbors when there were disruptions in the market and street - assisting with clean communication when there was an interruption in the downtown - his team on a number of times have taken the lead to communicate to other business owners, customers of disturbances that affect the greater area -- not just a single business.

There are simply not enough ways to demonstrate how this team is as personable as they are efﬁcient. This team's work cannot be replicated because this team actually CARES for the area and it shows every day. I see it constantly and it would give me concern to have a management team who did not understand the area put into a position of care who did not have the years of experience and natural appreciation for the downtown as Jose and his team has.

I am more than happy to meet, write more, or do more to further show my support.

Letter of Recommendation

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23 January 6th, 2023
Julie Castro
Economic Development Specialist II, Community Development Agency I am writing this letter to offer my full support and importance for Jose Romo's team to carry on the Clean & Safe program for the downtown. As a business owner on a corner who is at my business nearly every day, I believe this position will be best facilitated by Mr. Romo's crew.

I am more than happy to meet, write more, or do more to further show my support.

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24 Letter of Recommendation

John D. Spiak
2434 N. Heliotrope Drive
Santa Ana, CA 92706
(Downtown Santa Ana Institution Director)

January 4, 2023

To: Julie Castro, Santa Ana Community Redevelopment Agency

Re: Jose Romo, Santa Ana Clean and Safe Team

Dear Julie Castro, Santa Ana Community Redevelopment Agency and Review Committee, With great pleasure, I submit this letter in support of Jose Romo and his team's RFP proposal to continue to provide clean and safe services for Santa Ana.

As an individual who works in a City of Santa Ana-owned building located on a city-owned plaza in the heart of Downtown Santa Ana, I have witnessed firsthand the positive outcomes provided by Jose Romo and his team to keep our city safe and clean. Their services have not only provided for clean and protected environments but have also helped to ensure the continued integrity of a historically registered building and its surroundings. Jose's team is always quick in response to any issues - from cleaning up problems such as human waste that can become health issues; to assisting troubled unhoused individuals in finding safer and less publicly disruptive areas to collect themselves. Their interactions result in positive outcomes.

The work, their team, does is complex and challenging at times. Still, I am always impressed with the kind and cheerful demeanors they bring while providing these services – always smiling and friendly, even when performing tasks most would find a bit overbearing at times. They have always greeted my team when in public in positive ways, and every engaged encounter with a member of Jose's team has been a true pleasure. Their excellent work is often unseen, as they are doing a great job and quick in response; they are incredibly positive representations of our community to those who live and work in our city and those who visit.

With this background, the work of Jose Romo and his team continues to be a true asset to our community and the City of Santa Ana. They continually impress me with all that they do and the kindness that they bring.

In conclusion, Jose and his team mark exceptionally high standards of what a safe and clean service should and can be for the City of Santa Ana. For all the above reasons, I write enthusiastically and strongly encourage you and the City of Santa Ana to consider Jose Romo's RFP for Clean and Safe services for our community.

I welcome any follow-up questions regarding my thoughts: 714.264.2970.

Respectfully submitted,

John D. Spiak
Santa Ana Resident & Downtown Santa Ana Institution Director

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25 Letter of Recommendation

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26 Letter of Recommendation

Logan Crow
Executive Director. Founder
(323) 428-7411
[email protected]
305 E. 4th Street STE 100
Santa Ana, CA 92701
January 7, 2022
Julie Castro
Community Redevelopment Agency
City of Santa Ana
Good day Julie,
With deep and heartfelt sincerity, I am writing today to communicate my fullest endorsement of Jose Romo, and his noted and long-established commitment to the Downtown Santa Ana community.

Jose was one of the first people I had the good fortune to meet when I first set out to establish The Frida Cinema in Downtown Santa Ana, and he enthusiastically walked me around town and introduced me to some of the key downtown stakeholders who I continue to work with nine years later. Since that day, I have reached out to Jose for support on multiple occasions, and have always been met with prompt responsiveness, an enthusiastic commitment to service, and his familiar smile and affability. When I am reached out to by a fledgling event planner for advice, the first person I refer them to is Jose. He is essentially the signature steward of our community, always on hand to do what he can to support the initiatives of event planners, community organizers, and our family of downtown businesses.

I have joked with Jose that I’m convinced he has clones, not only because he is often hard at work on multiple endeavors and initiatives all at once, but more so because as seriously as he takes his work, he never seems to break a sweat. I believe that’s because he truly enjoys the work, as it is all in service of enriching and enhancing the community he loves, and the neighboring business owners whose success he truly cares about.

Jose is at once a dedicated caretaker, ambassador, and custodian – and again, always with a smile.

Jose is an indispensable asset to our community, and he has more than proven the value of, and his dedication to, the initiatives he sets out to accomplish. I wholeheartedly encourage you to give Jose Romo and his proposals your highest consideration. Should you have any additional questions, please don’t hesitate to get in touch, as it would be my honor to further communicate my praise of Jose and the quality of his work and service.

Most sincerely,
Logan Crow
Executive Director
THEFRIDACINEMA.ORG
Founded in 2014, The Frida Cinema is a 501(c)(3), not-for-profit art house cinema dedicated to enriching, connecting, and educating communities through the art of cinema.

Tax ID 27-0950151
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Downtown Santa Ana Clean and Safe Team Cost Proposal
Final Offer after negotiations
Category Annual Cost Year 1
Litter Pick-Up & Maintenance
Clean & Empty Trash Cans Daily
Clean Outdoor Benches, Bollards & Light Poles

360,000
Clean Parklets & Minor Repairs 51,000
Power Wash including Second Street Promenade 197,000
Special Event Litter Clean-Up Maintenance
and Street Closures 25,000
Security Guards 180,000
Security Guard Oversight 20,000
Equipment 38,000
Utility Golf Cart 22,000
Annual Total 893,000
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EXHIBIT C

COMPENSATION
Fee Proposal including hourly rates if applicable

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Exhibit C - Compensation
Year Notes Annual Cost with 5% CPI 10% Contingency **Total Year 1 Total minus Security & Oversight 693,000.00$ 69,300.00$ 762,300.00$ Year 2 Total minus Utility Golf Cart; $20K 5% CPI inflation included 914,550.00$ 91,455.00$ 1,006,005.00$
Year 3 5% CPI inflation included 960,277.50$ 96,027.75$ 1,056,305.25$ *Year 4 5% CPI inflation included 1,008,291.38$ 100,829.14$ 1,109,120.51$ *Year 5 5% CPI inflation included 1,058,705.94$ 105,870.59$ 1,164,576.54$ Total 4,634,825$ 463,482$ 5,098,307$
Notes:
*Year 4 and Year 5 contingent upon 2-year renewal as noted in the agreement. **The City of Santa Ana reserves the right to use the funds as needed annually at it's sole discretion.

DTSA Services for Downtown Santa Ana Clean & Safe Team EXHIBIT 2

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EXHIBIT D

FUNDING RELATED PROVISIONS

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1 FEDERAL CONTRACT PROVISIONS
During the performance of this Agreement, Consultant shall comply with all applicable federal laws and regulations including, but not limited to, the federal contract provisions in this Exhibit.

1. REQUIRED CONTRACT PROVISIONS IN ACCORDANCE WITH APPENDIX II TO PART 200 – CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARDS (2 C.F.R. § 200.327)
(a) Appendix II to Part 200 (A); Appendix II to Part 200 (B): Remedies for Breach; Termination for Cause/Convenience. The Contract Documents include remedies for breach and termination for cause and convenience.
(b) Appendix II to Part 200 (C) – Equal Employment Opportunity: If this Agreement meets the definition of a “federal assisted construction contract” in 41 CFR § 60-1.3, Consultant agrees as follows during the performance of this Agreement:
(i) The Consultant will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Consultant will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for tra ining, 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.
(ii) The Consultant will, 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, sexual orientation, gender identity, or national origin.
(iii) The Consultant will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensat ion of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, includ ing an investigation conducted by the employer, or is consistent with the Consultant's legal duty to furnish information. (iv) The Consultant will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

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2 (v) The Consultant will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (vi) The Consultant will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
(vii) In the event of the Consultant's noncompliance with the nondiscrimination clauses of this Agreement or with any of t he said rules, regulations, or orders, this Agreement 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 Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
(viii) The Consultant will include the portion of the sentence immediately preceding paragraph (i) and the provisions of paragraphs (i) through (vii) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Consultant will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:

Provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Consultant may request the United States to enter into such litigation to protect the interests of the United States.

The City further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work:

Provided, That if the City so participating is a State or local government, the above equal opportunity clause is not app licable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the Agreement.

The City agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in ob taining the compliance of the Consultant and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such informati on as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance.

The City further agrees that it will refrain from e ntering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction EXHIBIT 2

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3 contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II , Subpart D of the Executive Order. In addition, the City agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: cancel, terminate, or suspend in whole or in part the grant (contract, loan, insurance, guarantee) for this project; refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been rec eived from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.
(c) Appendix II to Part 200 (D) – Davis-Bacon Act: Not applicable to this Agreement since it is funded by CSLFRF.
(d) Appendix II to Part 200 (D) – Copeland “Antti-Kickback” Act: Not applicable to this Agreement since it is funded by CSLFRF.
(e) Appendix II to Part 200 (E) – Contract Work Hours and Safety Standards Act:
(i) Overtime Requirements. No contractor or subcontractor contracting for any part of the co ntract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one -half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (ii) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (ii) of this section the Consultant and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (ii) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (ii) of this section. (iii) Withholding for unpaid wages and liquidated damages. The City shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Consultant or subcontractor under any such c ontract or any other Federal contract with the Consultant, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the Consultant, such sums as may be determined to be necessary to satisfy any liabilities of Consultant or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (iii) of this section. (iv) Subcontracts. The Consultant or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (ii) through (v) of this Section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The EXHIBIT 2

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4 Consultant shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (ii) through (v) of this Section. (f) Appendix II to Part 200 (F) – Rights to Inventions Made Under a Contract or Agreement: If the Federal award meets the definition of “funding agreement” under 37 CFR § 401.2 (a) and the Consultant wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the Consultant must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.. (g) Appendix II to Part 200 (G) – Clean Air Act and Federal Water Pollution Control Act:
(i) Pursuant to the Clean Air Act, (1) Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq., (2) Consultant agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) Consultant agrees to include these requirements in each subcontract exceeding $150,000.
(ii) Pursuant to the Federal Water Pollution Control Act, (1) Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq., (2) Consultant agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) Consultant agrees to include these requirements in each subcontract exceeding $150,000.
(h) Appendix II to Part 200 (H) – Debarment and Suspension:
(i) This Agreement is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such Consultant is required to verify that none of the Consultant, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (ii) Consultant must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into.
(iii) This certification is a material representation of f act relied upon by City. If it is later determined that Consultant did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the City, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (iv) Consultant warrants that it is not debarred, suspended, or otherwise excluded from or ineligible for participation in any federal programs. Consultant also agrees to verify that all subcontractors performing work under this Agreement are not debarred, disqualified, EXHIBIT 2

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5 or otherwise prohibited from participation in accordance with the requirements above. Consultant further agrees to notify the City in writing immediately if Consultant or its subcontractors are not in compliance during the term of this Agreement.
(i) Appendix II to Part 200 (I) – Byrd Anti-Lobbying Act: Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency. (j) Appendix II to Part 200 (J) – §200.323 Procurement of Recovered Materials:
(i) Consultant shall comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement. (ii) In the performance of this Agreement, the Consultant shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired: competitively within a timeframe providing for compliance with the contract performance schedule; meeting contract performance requirements; or at a reasonable price. (iii) Information about this requirement, along with the list of EPA -designate items, is available at EPA’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program. (iv) The Consultant also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act.” (k) Appendix II to Part 200 (K) – §200.216 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment:
(i) Consultant shall not contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system funded under this Agreement. As described in Public Law 115–232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (1) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications EXHIBIT 2

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6 Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities).
(2) Telecommunications or video survei llance services provided by such entities or using such equipment.
(3) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligenc e or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.
(ii) See Public Law 115-232, section 889 for additional information. (l) Appendix II to Part 200 (L) – §200.322 Domestic Preferences for Procurement:
(i) Consultant shall, to the greatest extent practicable, purchase, acquire, or use goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this sectio n must be included in all subcontracts.
(ii) For purposes of this section:
(1) “Produced in the United States’’ means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.
(2) ‘‘Manufactured products’’ means items and construction materials composed in whole or in part of nonferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, in cluding optical fiber; and lumber.

2. CONTRACTING WITH SMALL AND MINORITY FIRMS, WOMEN’S BUSINESS ENTERPRISE AND LABOR SURPLUS AREA FIRMS (2 C.F.R. § 200.321) (a) Consultant shall be subject to 2 C.F.R. § 200.321 and will take affirmative steps to assure that minority firms, women’s business enterprises, and labor surplus area firms are used when possible and will not be discriminated against on the grounds of race, color, religious creed, sex, or national origin in consideration for an award.
(b) Affirmative steps shall include:
(i) Placing qualified small and minority businesses and women's business enterprises on solicitation lists;
(ii) Assuring that small and minority businesses, an d women's business enterprises are solicited whenever they are potential sources; (iii) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority business, and women's business enterprises;
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7 (iv) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority business, and women's business enterprises; and (v) Using the services/assistance of the Small Business Administration (SBA), and the Minority Business Development Agency (MBDA) of the Department of Commerce. (c) Consultant shall submit evidence of compliance with the foregoing affirmative steps when requested by the City.

3. COMPLIANCE WITH U.S. DEPARTMENT OF THE TREASURY CORONAVIRUS

LOCAL FISCAL RECOVERY FUND AWARD TERMS AND CONDITIONS
(a) Maintenance of and Access to Records. Consultant shall maintain records and financial documents sufficient to evidence compliance with section 603(c) of the Act, Treasury’s regulations implementing that section, and guidance issued by Treasury regarding the foregoing.

Consultant agrees to provide the City, Treasury Office of Inspector General and the Government Accountability Office, or any of their authorized representatives access to any books, documents, papers, and records (electronic an otherwise) of the Consultant which are directly pertinent to this Agreement for the purposes of conducting audits or other investigations. Records shall be maintained by Consultant for a period of five (5) years after completion of the Project. (b) Compliance with Federal Regulations. Consultant agrees to comply with the requirements of section 603 of the Act, regulations adopted by Treasury pursuant to section 603(f) of the Act, and guidance issued by Treasury regarding the foregoing. Consultant also agrees to comply with all other applicable federal statutes, regulations, and executive orders, including, without limitation, the following:
(i) Universal Identifier and System for Award Management (SAM), 2 C.F.R.

Part 25, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is hereby incorporated by reference.
(ii) Reporting Subaward and Executive Compensation Information, 2 C.F.R.

Part 170, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is hereby incorporated by reference.
(iii) OMB Guidelines to Agencies on Government -wide Debarment and Suspension (Nonprocurement), 2 C.F.R. Part 180, including the requirement to include a term or condition in all lower tier covered transactions (contracts and subcontracts described in 2 C.F.R.

Part 180, subpart B) that the award is subject to 2 C.F.R. Part 180 and Treasury’s implementing regulation at 31 C.F.R. Part 19.
(iv) Recipient Integrity and Performance Matters, pursuant to which the award term set forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by reference. (v) Government-wide Requirements for Drug-Free Workplace, 31 C.F.R. Part

20. (vi) New Restrictions on Lobbying, 31 C.F.R. Part 21. (vii) Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. §§ 4601-4655) and implementing regulations.

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8 (c) Compliance with Federal Statutes and Regulations Prohibiting Discrimination.

Consultant agrees to comply with statutes and regulations prohibiting discrimination applicable to the CSLFRF program including, without limitation, the following:
(i) Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and Treasury’s implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the basis of race, color, or national origin under programs or activities receiving federal financial assistance.
(ii) The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et seq.), which prohibits discrimination in housing on the basis of race, col or, religion, national origin, sex, familial status, or disability.
(iii) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of disability under any program or activity receiving federal financial assistance.
(iv) The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), and Treasury’s implementing regulations at 31 C.F.R. Part 23, which prohibit discrimination on the basis of age in programs or activities receiving federal financial assistance. (v) Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101 et seq.), which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and loca l governments or instrumentalities or agencies thereto.
(d) False Statements. Consultant understands that making false statements or claims in connection with the CSLFRF program is a violation of federal law and may result in criminal, civil, or administrativ e sanctions, including fines, imprisonment, civil damages and penalties, debarment from participating in federal awards or contracts, and/or any other remedy available by law.
(e) Protections for Whistleblowers.
(i) In accordance with 41 U.S.C. § 4712, Consultant may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract) or grant. (ii) The list of persons and entities referenced in the paragraph above includes the following:
(1) A member of Congress or a representative of a committee of Congress;
(2) An Inspector General;
(3) The Government Accountability Office;
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9 (4) A Treasury employee responsible for contract or grant oversight or management;
(5) An authorized official of the Department of Justice or other law enforcement agency;
(6) A court or grand jury; or
(7) A management official or other emplo yee of Consultant, or a subcontractor who has the responsibility to investigate, discover, or address misconduct. (f) Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), Consultant is encouraged to adopt and enforce on-the-job seat belt policies and programs for their employees when operating company-owned, rented or personally owned vehicles, and encourage its subcontractors to do the same (g) Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), Consultant should encourage its employees and subcontractors to adopt and enforce policies that ban text messaging while driving, and Consultant should establish workplace safety policies to decrease accidents caused by distracted drivers. (h) Assurances of Compliance with Civil Rights Requirements. The Civil Rights Restoration Act of 1987 provides that the provisions of this assurance apply to the Project, including, but not limited to, the following:
(i) Consultant ensures its current and future compliance with Title VI of the Civil Rights Act of 1964, as amended, which prohibits exclusion from participation, denial of the benefits of, or subjection to discrimination under programs and activities receiving federal funds, of any person in the United States on the ground of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury Title VI regulations at 31 CFR Part 22 and other pertinent executive orders such as Executive Order 13166; directives; circulars; policies; memoranda and/or guidance documents.
(ii) Consultant acknowledges that Executive Order 13166, “Improving Access to Services for Persons with Limited English Proficiency (LEP),” seeks to improve access to federally assisted programs and activities for individuals who, because of national origin, are limited in their English proficiency. Consultant understands that the denial of access to persons to its programs, services and activities because of their limited proficiency in English is a form of national origin discrimination prohibited under Title VI of the Civil Rights Act of 1964. Accordingly, Consultant shall initiate reasonable steps, or comply with Treasury’s directives, to ensure meaningful access to its programs, services and activities to LEP persons. Consultant understands and agrees that meaningful access may entail providing language assistance services, including oral interpretation and written translation where necessary to ensure effective communication in the Project.
(iii) Consultant agrees to consider the need for language services for LEP persons during development of applicable budgets and when conducting programs, services and activities. As a resource, the Department of the Treasury has published its LEP guidance at 70 FR 6067. For more information on LEP, please visit http://www.lep.gov.

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10 (iv) Consultant acknowledges and agrees that compliance with this assurance constitutes a condition of continued receipt of federal financial assistance and is binding upon Consultant and Consultant’s successors, transferees and assignees for the period in which such assistance is provided.
(v) Consultant agrees to incorporate the following language in every contract or agreement subject to Title VI and its regulations between the Consultant and the Consultant’s subcontractors, successors, transferees and assignees:

The subcontractor, successor, transferee and assignee shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding from a program or activity, denying benefits of, or otherwise discri minating against a person on the basis of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by Department of the Treasury Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this con tract (or agreement). Title VI also extends protection to persons with “Limited English proficiency” in any program or activity receiving federal financial assistance, 42 U.S.C. § 2000d et seq., as implemented by Department of the Treasury Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement).
(vi) Consultant understands and agrees that if any real property or structure is provided or improved with the aid of federal financial assistanc e by the Department of the Treasury, this assurance obligates the Consultant, or in the case of a subsequent transfer, the transferee, for the period during which the real property or structure is used for a purpose for which the federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. If any personal property is provided, this assurance obligates the Consultant for the period during which it retains ownership or possession of the property. (vii) Consultant shall cooperate in any enforcement or compliance review activities by the Department of the Treasury of the aforementioned obligations. Enforcement may include investigation, arbitration, mediation, litigation, and monitoring of any settlement agreements that may result from these actions. Consultant shall comply with information requests, on-site compliance reviews, and reporting requirements. (viii) Consultant shall maintain a complaint log and inform the Department of the Treasury of any accusations of discrimination on the grounds of race, color, or national origin, and limited English proficiency covered by Title VI of the Civil Rights Act of 1964 and implem enting regulations and provide, upon request, a list of all such reviews or proceedings based on the complaint, pending or completed, including outcome. Consultant must also inform the Department of the Treasury if Consultant has received no complaints under Title VI. (ix) Consultant must provide documentation of an administrative agency’s or court’s findings of non-compliance of Title VI and efforts to address the non-compliance, including any voluntary compliance or other agreements between the Consultant and the administrative agency that made the finding. If the Consultant settles a case or matter alleging such discrimination, Consultant must provide documentation of the settlement. If Consultant has not been the subject of any court or administrative agency finding of discrimination, please so state.

If Consultant makes sub-awards to other agencies or other entities, Consultant is responsible for assuring that sub-recipients also comply with Title VI and all of the applicable authorities covered in this assurance.

EXHIBIT 2

City Council
19 –
111
2/21/2023

Police Department
www.santa-ana.org/police
Item # 20
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
February 21, 2023
TOPIC: FY 2022 Edward Byrne Memorial Justice Assistance Grant AGENDA TITLE:

Approve Memorandum of Understanding and Appropriation Adjustment Accepting the FY 2022 Edward Byrne Memorial Justice Assistance Grant (Non-General Fund)

RECOMMENDED ACTION

1. Authorize the City Manager and Chief of Police to execute a Memorandum of Understanding with the County of Orange, Sheriff’s Department accepting the 2022 Edward Byrne Memorial Justice Assistance Grant in the amount of $102,441, subject to non-substantive changes approved by the City Manager and City Attorney.

2.Approve an appropriation adjustment recognizing $102,441 in the Law Enforcement Grants revenue account and appropriate same to the Byrne Justice Assistance expenditure accounts. (Requires five affirmative votes.)

DISCUSSION
The Edward Byrne Memorial Justice Assistance Grant (JAG) program provides federal criminal justice funding to state and local jurisdictions and it is administered by the U.S.

Department of Justice, Bureau of Justice Assistance (BJA). Since 2005 BJA has funded over 24,000 JAG awards totaling over $7.6 billion. JAG awards are based on a statutory formula that equally weighs the City's share of violent crime and population according to statistics from the Bureau of Justice Statistics (BJS). BJA requires the County to function as the applicant/fiscal agent to apply for, receive, and administer the funds on behalf of all cities.

The Santa Ana Police Department recently applied for and has been awarded a grant in the amount of $102,441 for the FY 2022 JAG program. The County accepted the 2022 JAG award on October 18, 2022, covering the performance period of October 1, 2021 through September 30, 2025. The Police Department will use JAG funding during the performance period in the following four areas:

1. Police officer and professional staff overtime to augment gang prevention and

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20 –
1 2/21/2023

FY 2022 Edward Byrne Memorial Justice Assistance Grant
February 21, 2023

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enforcement and ensure successful prosecutions of gang-related crimes;

2. Officer overtime to enhance educational opportunities through schools, community associations, and neighborhood watch groups;

3. Community policing enforcement operations with suppression details working overtime to address crimes of public disorder specifically tied to community complaints;

4. Additional youth programming through the Santa Ana Police Department's Police Athletic and Activities League (PAAL) to enhance youth violence prevention.

FISCAL IMPACT
Approval of the appropriation adjustment will recognize $102,441 in Law Enforcement Grants account (no. 12814002-various), and appropriate same to the Byrne Justice Assistance expenditure accounts for expenditure in future fiscal years as follows:

Fiscal
Year
Accounting Unit
– Account No. Fund Description
Accounting Unit –
Account No.

Description
Amount
FY 23-24 12814409-
various
Law Enforcement
Grants
Byrne Justice
Assistance, Various $ 87,441
FY 24-25 12814409-63001 Law Enforcement
Grants
Byrne Justice
Assistance,
Miscellaneous
Operating
Expenses
$ 15,000
Total $102,441
Any remaining balances not expended at the end of each fiscal year will be presented to the City Council for approval of carryovers to the subsequent fiscal year.

EXHIBIT(S)

1. Memorandum of Understanding with County of Orange, Sheriff's Department Submitted By: David Valentin, Police Chief
Approved By: Kristine Ridge, City Manager

City Council
20 –
2 2/21/2023

Exhibit 1

City Council
20 –
3 2/21/2023

City Council
20 –
4 2/21/2023

ATTEST:
_______________________
Clerk of the Council
APPROVED AS TO FORM:

SONIA R. CARVALHO
City Attorney
By: _______________________

TAMARA BOGOSIAN
Senior
Assistant City Attorney

CITY OF SANTA ANA
_______________________

KRISTINE RIDGE
City Manager

City Council
20 –
5 2/21/2023

City Council
20 –
6 2/21/2023

City Clerk’s Office
www.santa-ana.org/city-clerks-office
Item # 21
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
February 21, 2023
TOPIC: Assembly Bill 361
AGENDA TITLE:

Teleconferencing for Meetings of City Council and All Boards, Committees, and Commissions Pursuant to the Provisions of Assembly Bill 361

RECOMMENDED ACTION
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.

DISCUSSION
On March 17, 2020, Governor Gavin Newsom issued Executive Order N-29-20, suspending certain provisions of the Brown Act to allow legislative bodies to conduct their meetings completely telephonically or by other electronic means. City Council meetings have been conducted by Zoom, with councilmembers and staff joining from remote locations when necessary.

The suspension of certain provisions of the Brown Act was further extended by Governor Newsom on June 11, 2021 by the issuance of Executive Order N-08-21, which continued to allow completely virtual City Council (and other legislative body) meetings. This order stayed in effect until September 30, 2021.

In response, AB 361 was signed into effect by Governor Newsom on September 16, 2021. It amends the Brown Act to allow legislative bodies to meet virtually, provided there is a state of emergency, and either (1) state or local officials have imposed or recommended measures to promote social distancing, or (2) the legislative body determines by majority vote that meeting in person would present imminent risks to the health and safety of attendees.

The City of Santa Ana’s current practices with respect to live public comment via Zoom already satisfy all of the new requirements in AB 361. Additionally, the individual legislative bodies can make their own findings for the AB 361 teleconferencing

City Council
21 –
1 2/21/2023

Assembly Bill 361
February 21, 2023

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resolution for future meetings. Determinations to continue to utilize remote meetings as allowed by AB 361 must be re-visited by the legislative body every 30 days with the support of new findings. Staff recommends this extension period to act as a helpful transitional stage for boards, committees, and commissions who still currently meet virtually.

Most recently, on February 7, 2023, the City Council adopted Resolution No. 2023-007, making the required findings under AB 361 to allow the City to continue to offer teleconference accessibility for public meetings after September 30, 2021, to help mitigate the spread of COVID-19. The attached resolution (Exhibit 1) declares additional findings to allow for the continued use of teleconferencing for City Council, board, commission, and committee meetings pursuant to AB 361.

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

EXHIBIT(S)

1. Resolution
Submitted By: Norma Orozco, Acting City Clerk
Approved By: Kristine Ridge, City Manager

City Council
21 –
2 2/21/2023

Resolution 2023-XXX

Page 1 of 3 ends

RESOLUTION 2023-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SANTA ANA , CALIFORNIA AUTHORIZING THE USE OF
REMOTE TELECONFERENCING PROVISIONS (AB 361)

WHEREAS, the Ralph M. Brown Act (Government Code section 54950 et seq.) generally requires local agencies meeting via teleconference , including through other virtual or electronic means, to, among other things, provide public access at each location in which members of the legislative body are teleconferencing; and WHEREAS, Assembly Bill 361 (AB 361) amends Government Code section 54953 to allow local agencies to meet fully virtually, without fully adhering to the rules otherwise applicable to teleconferencing, during a proclaimed state of emergency if state or local officials have imposed or recommended measures to promote social distancing; and WHEREAS, the Governor issued a proclamation declaring a state of emergency on March 4, 2020 due to the COVID-19 pandemic, pursuant to section 8625 of the California Emergency Services Act, and this proclaimed state of emergency currently remains in effect; and
WHEREAS, the City Council of the City of Santa Ana declared a local emergency on March 17, 2020 pursuant to Santa Ana Municipal Code section 2-404A (now section 2-646A); and
WHEREAS, in order to continue teleconferencing pursuant to the provisions of AB 361, the City Council is required to make certain findings every thirty (30) days; and WHEREAS, the Ci ty Council of the City of Santa Ana , consistent with those provisions, approved Resolutions 2021-055, 2021-66, 2021-072, 2021-088; 2022-004, 2022-015, 2022-021, 2022-026, 2022-033, 2022 -037; 2022 -043; 2022 -050; 2022 -063; 2022-070; 2022-073; 2022 -077; 2022 -087; 2022-090; 2022-094; 2022-103; 2023-003; and 2023-007 authorizing the use of remote teleconferencing provisions pursuant to AB 361; and
WHEREAS, the City Council of the City of Santa Ana has reconsidered the circumstances of the state of emergency; and
WHEREAS, state and local officials continue to recommend measures to promote social distancing to prevent the spread of COVID-19; and WHEREAS, the continuation of remote teleconferencing will allow for full participation by members of the public and the members of the City legislative bodies until social distancing recommendations are lifted; and
WHEREAS, the City Council of the City of Santa Ana desires to continue to utilize remote teleconferencing pursuant to AB 361 and Government Code section 54953(e).

City Council
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Resolution 2023-XXX

Page 2 of 3 ends

NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Santa Ana as follows:

SECTION 1. The above recitals are true and correct and shall be the findings of the City of Santa Ana’s City Council and each and every other legislative body of the City.

SECTION 2. The City Council of the City of Santa Ana hereby authorizes the use of remote teleconferencing pursuant to AB 361.

SECTION 3. The City Council and all other legislative bodies of the City of Santa Ana created by the City Council or created through its City Charter shall continue to meet virtually in accordance with Government Code section 54953(e) and without compliance with section 54953(b)(3) based upon the findings and determinations hereby made by the City Council.

SECTION 4. The City Clerk shall attest to and certify to the passage and adoption of this resolution and it shall be effective immediately upon its approval.

ADOPTED this ____ day of February, 2023.

___________________________
Valerie Amezcua
Mayor

APPROVED AS TO FORM:

Sonia R. Carvalho, City Attorney

By: ________________________
Laura A. Rossini
Chief Assistant City Attorney

AYES: Councilmembers

NOES: Councilmembers

ABSTAIN: Councilmembers

NOT PRESENT: Councilmembers

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4 2/21/2023

Resolution 2023-XXX

Page 3 of 3 ends

CERTIFICATE OF ATTESTATION AND ORIGINALITY

I, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2023- ___ to be the original Resolution adopted by the City Council of the City of Santa Ana on February ____, 2023.

Date: ___________________ ____________________________

Clerk of the Council
City of Santa Ana

City Council
21 –
5 2/21/2023

City Manager Office
www.santa-ana.org/city-managers-office
Item # 22
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
February 21, 2023
TOPIC: Proposed Resolution Adopting City Council Actual and Necessary Expense Policy Pursuant to City Charter Section 402 and Approving Reimbursement Request AGENDA TITLE:

Proposed Resolution Adopting City Council Actual and Necessary Expense Policy Pursuant to City Charter Section 402 and Approving Reimbursement Request

RECOMMENDED ACTION

1. Adopt a Resolution approving the Proposed City Council Actual and Necessary Expense Policy.

2. Approve reimbursement request not to exceed $1,500.

DISCUSSION
The City has an Administrative Travel and Expense Reimbursement Policy that applies to employees and elected officials, which was updated in July 2021. The City also has policies and purchasing procedures providing guidance for the City Council on expenses and reimbursements related to office expenses and use of discretionary special events and sponsorships. The City does not, however, have a policy or procedure for the City Council to request reimbursement for actual and necessary expenses provided for in Section 402 of the City of Santa Ana City Charter. The City has received a request for reimbursement of an actual and necessary expense of under $1,500 and this agenda item provides for the adoption of a policy and approval of the reimbursement request.

Proposed City Council Actual and Necessary Expense Policy Section 53232.2(a) of the California Government Code authorizes local agencies to “reimburse members of a legislative body for actual and necessary expenses incurred in the performance of official duties. Section 53232.2(b) of the Government Code requires local agencies that make such reimbursements to “adopt a written policy, in a public meeting, specifying the types of occurrences that qualify a member of the legislative body to receive reimbursement of actual and necessary expenses.” Furthermore, Section 402 of the City of Santa Ana City Charter also authorizes reimbursement of actual and necessary expenses approved by adoption of a

City Council
22 –
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Proposed Resolution Adopting City Council Actual and Necessary Expense Policy Pursuant to City Charter Section 402 and Approving Reimbursement Request February 21, 2023

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Resolution. The proposed City Council Actual and Necessary Expense Policy (Exhibit 1) implements Section 402 of the City of Santa Ana City Charter. Adoption of the proposed Resolution will approve the proposed Policy.

Approval of Actual and Necessary Safety Services Expenses Mayor Amezcua incurred expenses of under $1,500 in relation to security services and a safety assessment. The City’s current reimbursement policies and procedures are specific to office and travel expenses. However, Section 402 of the City Charter explicitly provides that members of the Council may be reimbursed for actual and necessary expenses so long as the reimbursement is approved by Resolution of the City Council. Adoption of the proposed Resolution will authorize reimbursement of up to $1,500 provided that the necessary expense report and receipts are submitted to staff as required by the Policy.

FISCAL IMPACT
There are sufficient funds available for expenditure in the City Council – Contract Services- Professional account (01104012-62300) for FY 2022-23.

EXHIBIT(S)

1. Resolution
Submitted By: Steven Mendoza, Assistant City Manager
Approved By: Kristine Ridge, City Manager

City Council
22 –
2 2/21/2023

RESOLUTION NO. 2023-___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA

APPROVING A CITY COUNCIL REIMBURSEMENT POLICY FOR ACTUAL AND NECESSARY EXPENSES PURSUANT TO CITY CHARTER SECTION 402 AND

AUTHORIZING REIMBURSEMENT FOR SPECIFIC SAFETY SERVICES
WHEREAS, section 53232.2(a) of the Government Code authorizes local agencies to “reimburse members of a legislative body for actual and necessary expenses incurred in the performance of official duties;” and
WHEREAS, section 402 of the City of Santa Ana City Charter provides that the City may reimburse the Mayor and City Council Members for actual and necessary expenses pursuant to a Council Resolution; and
WHEREAS, section 53232.2(b) of the Government Code requires local agencies that make such reimbursements to “adopt a written policy, in a public meeting, specifying the types of occurrences that qualify a member of the legislative body to receive reimbursement of expense relating to travel, meals, lodging, and other actual and necessary expenses;” and
WHEREAS, the City of Santa Ana has an Administrative Travel and Expense Reimbursement Policy that applies to employees and elected officials which Policy was updated in July 2021; and
WHEREAS, the attached policy applies only to elected officials as provided for by Section 402 of the City Charter; and
WHEREAS, the Mayor and each City Council Member is allocated $5,000 on a Fiscal Year basis for office expenses; and
WHEREAS, in addition to these expenses the Mayor or a City Council Member may incur a special or unanticipated actual or necessary expense and there are no current policies regarding reimbursement for such expenses;
NOW, THEREFORE, BE IT RESOLVED, that the Santa Ana City Council does hereby resolve as follows:

Section 1. The City Council hereby adopts the City Council Reimbursement for Actual and Necessary Expense Policy which is set forth as Exhibit “A” and attached hereto and incorporated herein as “Exhibit A.”
Section 2. The City Council hereby also approves reimbursement of up to $1,500 related to actual and necessary safety services incurred by Mayor Amezcua.

Section 3. This Resolution shall take effect immediately upon its adoption.

City Council
22 –
3 2/21/2023

City Council Resolution No. ____
55394.00000\24406235.1
Section 4.The Mayor shall sign this Resolution, and the City Clerk shall attest and certify to the passage and adoption thereof.

ADOPTED this ____ day of _________, 2023.
___________________________
Mayor Pro-Tem
APPROVED AS TO FORM:

Sonia R. Carvalho
By: _______________________________
Chief Assistant City Attorney

City Council
22 –
4 2/21/2023

City Council Resolution No. ____
55394.00000\24406235.1
Exhibit A to Resolution No. 2023-__
City of Santa Ana Council Actual and Necessary Expense Policy (Adopted February 20, 2023)
I. Purpose
The City of Santa Ana takes its stewardship over the use of its public resources seriously. This policy provides direction to City Council members on the use and expenditure of City resources for necessary and actual expenditures, as well as the standards against which those expenditures will be measured. This policy is in addition to existing applicable policies for office expenses, travel and reimbursement as they apply to the City’s elected officials.

II.Authorized Expenses
City funds, equipment, supplies and staff time must only be used for authorized City business and may not exceed the adopted budget appropriation.

The adopted budget appropriation for City Council’s annual office expenses is $5,000 for each elected official.

The Council also has a Special Event Sponsorship Policy which provides each member with $10,000 on a Fiscal Year bases to sponsor city programs, services and special events produced by qualified nonprofit organizations and/or City recognized neighborhood associations.

If the Council approves an actual and necessary expense for which an appropriation has not been made and is not covered by the Council budget, then the Council shall make the necessary appropriation at the time the expense is approved.

III.Expenditure Approval Requirements
Actual and necessary expenses, other than those provided for in the annual office expenses or special event sponsorship categories, shall require approval by Resolution of the City Council at a regular meeting of the City Council, pursuant to Section 402 of the City of Santa Ana City Charter.

IV.Non-authorized Expenses
A. Examples of personal expenses that the City will not reimburse include, but are not limited to:

1. The personal portion of any trip;

City Council
22 –
5 2/21/2023

City Council Resolution No. ____
55394.00000\24406235.1

2. Political contributions or events;

3. Family expenses, including partner's expenses when accompanying official on agency-related business, as well as children- or pet-related expenses;

4. Entertainment expenses, including theater, movies (either in-room or at the theater), sporting events (including gym, massage and/or golf related expenses), or other cultural events;

5. Alcoholic beverages, either as a portion of a meal expense or as a separate charge;

6. Non-mileage personal automobile expenses, including repairs, traffic citations, insurance or gasoline; and

7. Any additional costs related to the extension of travel beyond what is required for business-related purposes (except due to travel restrictions caused by inclement weather); and

8. Personal losses incurred while on City business.

Approval of actual and necessary expenses shall be at the discretion of the City Council which decision shall be final.

V.Expense Report Content and Timing
All expenditure reports and expense reimbursement requests must be submitted on the City’s current "Expense Report" form within sixty (60) days of an expense being incurred. The form must be accompanied by receipts documenting each expense or supporting documentation. The Expense Report and receipts shall be submitted to the elected official’s executive assistant with a copy to the City Manager and the City Attorney. The City Manager or designee will prepare the necessary staff report and Resolution for City Council approval. Pre-authorization for reimbursement may also be requested in the same manner by estimating expenses and the City Council will be asked to approve a do-not exceed amount.

Inability to provide documentation in a timely fashion may result in the expense being borne by the official.

VI.Compliance with Laws
City officials should keep in mind that some expenditures may be subject to reporting under the Political Reform Act and other laws. All agency expenditures are public records subject to disclosure under the Public Records Act.

City Council
22 –
6 2/21/2023

Finance and Management Services
www.santa-ana.org/finance
Item # 23
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
February 21, 2023
TOPIC: Fiscal Year 2022-23 Mid-Year Budget Update, Revive Santa Ana Spending Plan Update, Appropriation Requests, and Workforce changes AGENDA TITLE:

Fiscal Year 2022-23 Mid-Year Budget Update, Revive Spending Plan Update, Appropriation Requests and Workforce Changes

RECOMMENDED ACTION

1. Receive and file the FY 2022-23 Mid-Year budget update, including an update for the Revive Santa Ana Spending Plan.

2. Approve the recommended Appropriation Adjustments. (Requires five affirmative votes)

3. Adopt a Resolution - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO AMEND RESOLUTION NO. 2015-026 TO EFFECT CERTAIN CHANGES TO THE CITY’S BASIC CLASSIFICATION AND
COMPENSATION PLAN.

4. Adopt a Resolution - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO AMEND THE CURRENT FISCAL YEAR 2022-2023

ANNUAL BUDGET TO ADD AND DELETE FULL-TIME POSITIONS IN THE

LIBRARY DEPARTMENT, PARKS, RECREATION, AND COMMUNITY

SERVICES DEPARTMENT, PLANNING AND BUILDING DEPARTMENT, AND PUBLIC WORKS DEPARTMENT.

EXECUTIVE SUMMARY
The Mid-Year budget update provides a snapshot of General Fund activity for the first six months of the fiscal year, new information with impact to revenue, recommended appropriation adjustments, an update of the Revive spending plan, and notable items for other funds of the City. The update also includes recommended workforce changes and a full-time position vacancy report as of December 31, 2022. Finally, the report includes an updated summary of all funds with estimated fund balances at June 30, 2023.

City Council
23 –
1 2/21/2023

Fiscal Year 2022-23 Mid-Year Budget Update, Revive Spending Plan Update, Appropriation Requests, and Workforce Changes
February 21, 2023

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A summary of the General Fund budget follows.

DISCUSSION
This report focuses on the General Fund, as it is the primary operating fund of the City, and the Revive spending plan due to its significance to the community. Only notable items are included for other funds. No discussion is included for fund activity expected to approximate the budget for the current fiscal year.

The FY 2022-23 budget document includes a Fund Summary for all funds of the City, including the estimated fund balance at July 1, 2022, the adopted budget, and the estimated fund balance at June 30, 2023. We now have actual fund balances at July 1, 2022 and we have updated budget amounts. Therefore, we have included an updated Fund Summary as Exhibit 5, which includes all recommendations in this report.

General Fund Revenue
A summary of General Fund revenue follows. The City receives most of its revenue up to 60 days after the corresponding period. For example, the City receives December Sales Tax in February. Therefore, we can expect to have received approximately 4 months (or 33%) of revenue by December 31. Except for the items discussed below, we do not expect any significant variances to General Fund revenue estimates at this time.

FY22-23 Budget Updated with First Quarter Report on November 15, 2022 Proposed Mid-Year Adjustments Updated Estimate Beginning Balance at July 1, 2022 $113,509,544 $0 $113,509,544 Revenue Estimate $391,552,940 $7,383,500 $398,936,440Appropriated Spending ($406,880,124) (17,443,760) ($424,323,884)Pension Trust Set-Aside ($7,748,811) $0 ($7,748,811)Estimated Ending Balance at June 30,2023 $90,433,549 ($10,060,260) $80,373,289 Less: 18% Reserve 70,479,529 1,329,030 $71,808,559Estimated Spendable Balance 19,954,020 (11,389,290) $8,564,730

City Council
23 –
2 2/21/2023

Fiscal Year 2022-23 Mid-Year Budget Update, Revive Spending Plan Update, Appropriation Requests, and Workforce Changes
February 21, 2023

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Utility Users Tax (UUT)
The City’s UUT is 5.5% of utility charges. The price of natural gas substantially increased in December and January, which affects the City’s UUT revenue. For example, the SoCalGas website reports the core-procurement gas price for January 2023 was 344.892 cents per therm, compared to the January 2022 price of 83.569 cents per therm. We expect FY 2022-23 UUT revenue for natural gas to be approximately $1 million more than the budget amount of $3.2 million, and have adjusted our revenue estimate accordingly.

Electricity for UUT has been steadily increasing over the last several years. Southern California Edison reports that the number of customer accounts has been increasing.

After adopting the FY 2022-23 budget with a $13.1 million revenue estimate, we closed the FY 2021-22 books with final revenue of $13.7 million. At this time, we expect Electricity UUT to exceed the budget estimate of $13.1 million by $2 million.

Cannabis Tax
The new tax rates became effective January 1, 2023. The earliest we see January receipts is the end of February. Therefore, we have no data to analyze the impact of rate changes. We expect to provide an update of Cannabis Tax with the Third Quarter budget report.

Business License Tax
The majority of annual business license tax is collected in the spring each year.

Therefore, at December 31, the City has only collected a small portion of revenue, and we do not yet have data to analyze the impact of the voter-approved Measure W. We Annual Estimate Received as of PercentUpdated with 1st Qtr 12/31/2022 ReceivedProperty Tax + In-Lieu of VLF + Residual 94,235,000 30,207,055 32%Sales Tax Measure X 88,102,000 28,981,618 33%Sales Tax Bradley-Burns 64,550,000 21,163,355 33%Utility Users Tax 24,400,000 12,637,575 52%Cannabis Tax 22,200,000 7,400,096 33%Business License Tax 15,000,000 1,556,677 10%Other Taxes 12,491,100 5,497,980 44%Charges for Service, Licenses & Permits 21,319,580 14,580,951 68%Jail Facility Revenue 16,521,360 4,874,742 30%Franchise Fees 10,960,100 2,568,820 23%All Other 21,773,800 13,687,876 63%Totals 391,552,940 143,156,745 37%

City Council
23 –
3 2/21/2023

Fiscal Year 2022-23 Mid-Year Budget Update, Revive Spending Plan Update, Appropriation Requests, and Workforce Changes
February 21, 2023

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expect to provide an update of Business License Tax with the Third Quarter budget report.

Building Plan Check Revenue
The FY 2022-23 budget for Building Plan Checks was $2,022,100. As of December 31, we have already collected $3,598,910 of revenue, primarily due to the Main Place development, the Cabrillo multi-use residential building, and the Center Pointe multi-use residential building. Using the most conservative method of forecasting, we are comfortable increasing the revenue estimate by $2 million at this time. Planning & Building has a request to add four full-time positions to meet the increased demand.

Investment Earnings
The City received $128 million of federal funding from the American Rescue Plan Act (ARPA). Many of the City’s projects and programs funded with ARPA take time to execute (e.g. Main Library renovation), which means the City has been holding ARPA cash. Federal guidelines allow us to deposit interest earnings from ARPA cash into the City’s General Fund. In addition, the Federal Reserve has raised interest rates by

3.50% since the City Council’s budget hearing on June 7, 2022. Therefore, we have increased our interest earnings revenue estimate from $475,000 to $2,675,000, which is a $2.2 million increase.

General Fund Expenditures
A summary of General Fund expenditures follows (does not include carryovers from FY 2021-22).

City Council
23 –
4 2/21/2023

Fiscal Year 2022-23 Mid-Year Budget Update, Revive Spending Plan Update, Appropriation Requests, and Workforce Changes
February 21, 2023

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Finance Staff Retirements
Two long-term Finance employees (36 years and 39 years) filed for retirement in December 2022. During budget preparation, we did not know they would retire during FY 2022-23. The accrued leave-time cash-outs totaled $201,260. The Finance department budget cannot absorb the significant additional expenditure that was compliant with labor agreements, and we request a budget increase accordingly.

Santa Ana Zoo- Giant River Otter/Primate Trails
Staff requests $1.3 million for additional zoo improvements to utilize the contractor already onsite for the giant river otter habitat. The additional improvements will relocate three primate species from the north end of the zoo and remove the antiquated habitats for the upcoming primate forest project. Both improvements are part of the Master Plan.

The requested funding will also address the lighting deficiency in the area.

Waste Hauler Donation
Republic Services provided a donation of $183,500 to the City to support community events and charitable programs. We request General Fund appropriations to allocate $25,000 to the Library, $48,500 to Parks, Recreation & Community Services, and $25,000 to the Non-Departmental section of the budget for the City Manager’s Office to administer; as well as a Public Works Administration Fund appropriation of $85,000.

Annual Budget Spending as of PercentUpdated with 1st Qtr 12/31/2022 ExpendedCity Manager's Office 2,939,040 1,349,453 46%City Council 1,029,860 353,650 34%Clerk of the Council 1,935,720 607,884 31%City Attorney's Office 3,584,860 1,184,461 33%Human Resources 3,884,170 1,840,457 47%Finance & Mgmt Svcs 11,750,090 5,494,451 47%Library 6,720,310 2,982,690 44%Parks, Rec & Comm Svcs 13,574,280 6,344,787 47%Police Department 142,772,990 67,542,754 47%Fire Services 1 53,956,950 29,858,584 55%Planning & Building 19,545,470 7,099,250 36%Public Works 50,705,414 13,828,303 27%Community Development 7,944,600 3,291,505 41%Museum Funding 2 2,542,320 1,795,916 71%General Non-Dep 48,103,560 22,888,437 48%Inter-fund Transfers 35,890,490 15,300,834 43%Totals 406,880,124 181,763,418 45% 1 Fire Services spending includes a one-month advance. 2 Museum Fundingincludes one-time capital reimbursements.

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5 2/21/2023

Fiscal Year 2022-23 Mid-Year Budget Update, Revive Spending Plan Update, Appropriation Requests, and Workforce Changes
February 21, 2023

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Police Staffing Request
The Police Department would like to remove one Forensic Specialist II position from the hiring freeze due to increased fingerprint processing and a backlog that adversely affects the quality of investigative results. There is no current year fiscal impact due to budgetary savings. The ongoing actual cost may be $140,000.

Debt Service for 800 MHz Communication System
During FY 2022-23 budget preparation, staff inadvertently omitted a $23,000 principal payment for the 800 MHz communication system used by multiple departments in the City. Staff requests an adjustment to correct the error.

Museum Building Capital Repairs
The FY 2022-23 budget includes funding to reimburse Bowers Museum for capital repairs to the City-owned building, as allowed by the City’s agreement with the museum. The final request from Bowers, based on documented support for the reimbursement, necessitates another $25,000 of funding. Staff recommends an appropriation adjustment accordingly.

Annual Prayer Breakfast and Orange County Pride Parade & Festival Sponsorship The Mayor would like the City to host an annual Prayer Breakfast, likely in May. Staff requests a $20,000 appropriation in the Non-Departmental section of the budget for the City Manager’s Office to administer.

The City received a donation request for the Orange County Pride Parade & Festival held in Santa Ana in June. Staff requests an appropriation of $30,000 to sponsor the event.

Third & Broadway Development
The Third & Broadway property development agreement with Caribou Industries obligates the City to fund up to $13 million for site preparation. The developer recently completed all contractual requirements to secure the $13 million funding from the City.

Therefore, staff recommends appropriating this commitment.

Housekeeping Adjustments for Labor Agreements
The FY 2022-23 General Fund budget includes $5 million for labor negotiations, within the Non-Departmental section of the budget. On November 15, the City Council approved labor agreements for the Police Management Association and the Part-Time Service Employees International Union. On December 20, the City Council approved the last, best and final offer for the Police Officers Association. All three staff reports indicated that we would propose housekeeping adjustments at Midyear to move the existing General Fund allocation from Non-Departmental into the affected department

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6 2/21/2023

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February 21, 2023

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programs. There is no fiscal impact for these housekeeping adjustments totaling $1,855,046.

Revive Spending Plan Update
The Revive Spending Plan, to protect and revive the community as Santa Ana emerges from the impacts of the pandemic, is from $128 million of federal American Rescue Plan money. The funding must be obligated by December 2024 and fully spent by December 2026. The City has completed many of the projects, and has initiated many more. A presentation of Revive Spending Plan highlights and accomplishments will accompany this report.

Classification & Compensation Plan and Workforce Changes and Vacancy Report Human Resources requests Classification & Compensation Plan changes across various departments (Exhibit 2), including the creation of six new classifications, deletion of one classification, updates to two existing job titles, and compensation changes to thirty-six existing classifications with an estimated ongoing annual fiscal impact of $140,000.

Detailed information for the following proposed workforce changes are in Exhibit 3.

Library requests changes to streamline staffing and improve administrative supervision.

Specifically, Library recommends deleting one Library Technician and one Management Analyst, and adding one Graphics Designer I and one Senior Management Analyst with no current year fiscal impact due to budgetary savings. The future annual net impact may be $37,000.

Parks, Recreation & Community Services Agency (PRCSA) requests the following workforce changes to improve supervision with no current year fiscal impact. •Delete one Recreation & Community Services Supervisor and add one Recreation Program Coordinator and one Recreation Leader (future annual impact may be $20,000);
•Upgrade one Recreation Leader to a Recreation Program Coordinator (future annual impact may be $34,000); and
•Upgrade one Accounting Assistant to a Management Aide (future annual impact of $26,000).

PRCSA also requests to add the following positions with no current year fiscal impact due to budgetary savings.
•One Recreation Program Coordinator to restructure the existing Senior Mobility Program from a part-time staffing program to a full-time staffing program using existing and future funding from the Orange County Transportation Authority (future annual impact may be $107,000);

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7 2/21/2023

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February 21, 2023

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•Two General Maintenance Workers to address needed deferred maintenance at the Zoo such as additional tasks related to the opening of the new River Otter Exhibit and assisting with the Zoo’s accreditation by the Association of Zoos & Aquariums (future annual impact may be $212,000);
•One Management Analyst to assist the Zoo Manager with administrative duties and to research and manage grant opportunities for the Zoo (future annual impact may be $140,000); and
•Two Recreation Leaders to achieve a consistent level of service through the consolidation and elimination of part-time positions.

The Planning & Building Agency (PBA) recommends adding four full-time employees to improve permit counter service and meet the demands of increased plan check activity, while balancing the overall workload with contract services. This is the only request in this section that includes a current year budget increase.

FY 2022-23 Budget
Impact
Ongoing Annual
Impact
Associate Plan Check Engineer $50,000 $150,000
Combination Building Inspector $36,000 $109,000
Permit Services Technician $34,000 $102,000
Assistant Plan Check Engineer $41,000 $122,000
Total PBA Requests $161,000 $483,000
The Public Works Agency (PWA) requests the following workforce changes with no current year fiscal impact due to budgetary savings.
•Upgrade one Assistant Parks/Landscape Planner to a Public Works Projects Specialist. The future annual net impact may be $14,000. •Add one Projects Manager to the Water Enterprise. The future annual net impact may be $175,000.
•Upgrade one Civil Engineer to a Senior Civil Engineer to promote supervision, retain talent, and execute project delivery improvements for capital improvement projects. Various restricted funding sources for CIP projects will bear the ongoing cost of the upgrade, which may be $24,000 annually.
•Delete two Maintenance Worker II positions and reallocate the funding to contractual services for the Revive program.

The following table summarizes the requested workforce changes.

Department Quantity Position Fund
Library -1 Library Technician General Fund
Library -1 Management Analyst General Fund
Library 1 Graphics Designer I General Fund

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Library 1 Senior Management Analyst General Fund
PRCSA -1 Recreation and Community Services Supervisor General Fund PRCSA 1 Recreation Program Coordinator General Fund
PRCSA 1 Recreation Leader General Fund
PRCSA -1 Accounting Assistant General Fund
PRCSA 1 Management Aide General Fund
PRCSA -1 Recreation Leader General Fund
PRCSA 1 Recreation Program Coordinator General Fund
PRCSA 1 Recreation Program Coordinator for SMP Senior Mobility PRCSA 2 General Maintenance Worker for the Zoo General Fund PRCSA 1 Management Analyst for the Zoo General Fund
PRCSA 2 Recreation Leader to replace PT positions General Fund Planning & Building 1 Associate Plan Check Engineer General Fund Planning & Building 1 Combination Building Inspector General Fund Planning & Building 1 Permit Services Technician General Fund Planning & Building 1 Assistant Plan Check Engineer General Fund Public Works -1 Assistant Parks/Landscape Planner Civic Center Authority
Public Works 1 Public Works Projects Specialist Civic Center Authority
Public Works 1 Projects Manager Water Enterprise
Public Works -1 Civil Engineer Capital Projects
Public Works 1 Senior Civil Engineer Capital Projects
Public Works -2 Maintenance Worker II Federal ARPA
10 Total Net Positions
The Vacancy Report as of December 31, 2023 is in Exhibit 4.

Other Funds
Cannabis Public Benefit Fund
The FY 2021-22 Cannabis Public Benefit Fund budget included $1,287,990 for the Newhope Library Renovation, and the FY 2022-23 budget included $1,110,730. Due to project scope enhancements, the Library requests an additional $1,150,000 of one-time money from this fund for the Newhope Library Renovation, including replacement of existing end-of-life HVAC systems and units, critical upgrades to electrical systems and cabling, and modern technology improvements in the new Media Lab and existing large meeting room that will help bridge the digital divide. The City expects to solicit construction bids in June for a target completion date of May 2024. After absorbing the potential revenue shortfall reported to City Council on October 4, 2022 due to Cannabis tax rate changes, the estimated fund balance is approximately $2.8 million, which is sufficient to cover the recommended $1,150,000 appropriation adjustment.

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9 2/21/2023

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Gas Tax Fund
The state imposes Gas Tax on a cents-per-gallon basis and allocates a portion to the city. Gas Tax is not a percentage of sales. Therefore, when gas prices escalate and drivers purchase fewer gallons of gas, the City’s Gas Tax revenue decreases. The most recent Gas Tax estimates from the League of California Cities Fiscal Policy Advisor indicate the City’s share will approximate $14.7 million. The FY 2022-23 budgeted revenue estimate was $17.2 million, based on previous League information, which supports decreasing the budget estimate by $2.5 million.

To ensure the City’s right-of-way maintenance services are not impacted, staff recommends a $2.5 million General Fund appropriation to cover the shortfall. If approved, expenditures for the Fairview Bridge & Street Improvements, Traffic Signal Maintenance, Median Landscaping, and Roadway Maintenance expenditures will move to the General Fund. Increasing General Fund spending for right-of-way maintenance improves the City’s ability to comply with the Orange County Transportation Authority Maintenance of Effort for Measure M2 funding.

Restricted Fund Adjustments
The City receives updated information after the beginning of the fiscal year for various restricted funding sources. Examples include the Civic Center Authority adopting the budget after June, and update to federal monies available for various programs. Staff recommends a series of adjustments to resize restricted-money appropriations to available balances and authorizations. The details of these adjustments are included in Exhibit 1.

FISCAL IMPACT
The General Fund fiscal impact appears at the beginning of this report. Exhibit 1 includes the line-item changes to revenue estimates and recommended appropriation adjustments. Exhibit 5 includes the estimated June 30, 2023 fund balance for all funds, including the revenue impacts and recommendations covered in this report.

EXHIBIT

1. Line Item Changes to Revenue Estimates and Recommended Adjustments

2. Resolution No. 2023-XXX, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO AMEND RESOLUTION NO. 2015-026 TO EFFECT CERTAIN CHANGES TO THE CITY’S BASIC CLASSIFICATION AND COMPENSATION PLAN

3. Resolution No. 2023-XXX, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO AMEND THE CURRENT FISCAL YEAR 2022-2023 ANNUAL

BUDGET TO ADD AND DELETE FULL-TIME POSITIONS IN THE LIBRARY

DEPARTMENT, PARKS, RECREATION, AND COMMUNITY SERVICES

DEPARTMENT, PLANNING AND BUILDING DEPARTMENT, AND PUBLIC WORKS

DEPARTMENT

4. Vacancy Report at December 31, 2022

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10 2/21/2023

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February 21, 2023

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5. Updated FY 2022-23 Fund Balance Summary for All Funds Submitted By: Kathryn Downs, FMSA Executive Director
Approved By: Kristine Ridge, City Manager

City Council
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11 2/21/2023

Line Item Changes to Revenue Estimates and Recommended Adjustments Description Account Revenue Spending
Utility Users Tax (UUT) - Natural Gas 01102002-50032 1,000,000$ Utility Users Tax (UUT) - Electricity 01102002-50031 2,000,000$ Building Plan Check 01116002-53600 2,000,000$
Investment Earnings 01102002-58000 2,200,000$
Finance Staff Retirements 01110130-61010 135,800$
Finance Staff Retirements 01110131-61010 65,460$
Waste Hauler Donation Revenue 01102002-57XXX 183,500$
Waste Hauler Donation - Non Departmental 01105015-62300 25,000$ Waste Hauler Donation - Parks, Rec & Comm Svcs 01113230-62300 48,500$ Waste Hauler Donation - Library 01111110-62300 25,000$
Waste Hauler Donation - Public Works 10117601-62300 85,000$ Planning & Building Staff Request 011165XX-6XXXX 161,000$ Debt Service for 800MHz Communication System 01116500-67200 23,000$ Museum Building Capital Repairs 01112030-69135 25,000$
Housekeeping Adjustments for Labor Negotiations 01105015-69011 (1,855,046)$ Housekeeping Adjustments for Labor Negotiations 011XXXX-61XXX 1,855,046$ Right-of-way maintenance to cover Gas Tax revenue reduction 01117XXX-6XXXX 2,500,000$ Santa Ana Zoo improvements for Giant River Otter/Primate Trails 01113220-66XXX 1,300,000$ Third & Broadway Development 01105015-69011 13,000,000$ Orange County Pride Parade & Festival - June 2023 01105015-62300 30,000$ Annual Prayer Breakfast - May 2023 01105015-62300 20,000$ General Fund Totals 7,383,500$ 17,443,760$
Cannabis Public Benefit Fund - Newhope Library 01211020-66200 1,150,000$ Gas Tax expenditure reduction 02917XXX-6XXXX (2,500,000)$ Other Restricted Fund Adjustments:

Bristol Street Improvements - update funding source 02917660-66220 (4,000,000)$ Bristol Street Improvements - update funding source 05917663-66220 4,000,000$ Clean Air money available for 3 charging stations 03117101-66400 100,000$ Project fees for project monitoring 05317021-62340 150,000$ NPDES fees for settlement & Fairview/Sunflower storm drain 05717640-62300 420,000$ New street impact fee from refuse hauler - move account 05917660-66220 2,666,666$ New street impact fee from refuse hauler - move account 06917019-66220 (2,666,666)$ Re-appropriate Facilities Condition Assessment 07317100-62300 300,000$ Move & adjust Civic Center Authority budget to match adopted 07414400-6XXXX (603,446)$ Move & adjust Civic Center Authority budget to match adopted 07417655-6XXXX 537,970$ Move the accounting for CNG operations 07517100-63301 (40,000)$ Move the accounting for CNG operations 07617102-63301 40,000$ Reduce past-years set-aside training budget to remaining available 08809050-62300 (11,573)$ Federal money adjustment for WORK center 12318752-6XXXX 39,972$ Federal money adjustment for WORK center 12318753-6XXXX 515,309$ Federal money adjustment for WORK center 12318754-6XXXX 550,772$ Federal money adjustment for WORK center 12318756-6XXXX (93,972)$ Federal money adjustment for WORK center 12318763-6XXXX 116,317$ Federal money available for emergency services 12514407-6XXXX 2,047,580$ Federal money available for emergency services 12514491-61XXX 168,561$ Adjust public safety grant spending to amount available 12714406-61040 (6,789)$ Adjust public safety grant spending to amount available 12714409-61000 (19,016)$ Federal money available for restricted law enforcement 12814409-6XXXX 103,807$ Federal money available for restricted law enforcement 12814417-61040 20,039$ Federal money available for housing assistance 13618760-69158 17,610$ Appropriate remaining federal COVID money for housing 15718760-62300 428$ EXHIBIT 1

City Council
23 –
12 2/21/2023

Line Item Changes to Revenue Estimates and Recommended Adjustments EXHIBIT 1 Description Account Revenue Spending
Adjust planning grants spending to amounts available 15816500-6XXXX (172,170)$ Adjust federal traffic safety spending to the amount available 16514414-61040 (32,697)$ Asset seizure money available for spending 16614450-6XXXX 242,170$ Move developer fee spending for new Harbor Specific Plan 31113260-66220 (2,383,974)$ Move developer fee spending for new Harbor Specific Plan 31413260-66220 (528,039)$ Move developer fee spending for new Harbor Specific Plan 31513260-66220 2,912,013$ Inclusionary housing fees available for affordable housing svcs 41718820-62300 283,020$

City Council
23 –
13 2/21/2023

Resolution 2023-XXX

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RESOLUTION NO. 2023-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA TO AMEND RESOLUTION NO. 2015 -026 TO
EFFECT CERTAIN CHANGES TO THE CITY’S BASIC

CLASSIFICATION AND COMPENSATION PLAN

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. Section 1004 of the City Charter of the City of Santa Ana requires the City Manager to prepare, install, and maintain a position classification and pay plan subject to civil service rules and regulations and the approval of the City Council.

B. It is the City’s practice to assign job titles that reflect the duties and responsibilities of the classification and are consistent with other classifications within the City’s organizational structure, as well as comparable job titles in the labor market, while maintaining internal pay equity relationships and attracting and retaining qualified candidates.

C. On June 16, 2015, the City Council adopted Resolution No. 2015 -026 am ending and reestablishing the Basic Classification and Compensation Plan for all full-time and part-time classifications of officers and employees of the City of Santa Ana.

D. The City Council has amended and reestablished the Basic Classification and Compensation Plan on numerous occasions since its adoption.

E. On December 20, 2022, the City Council implemented the terms and conditions of the City’s last, best, and final offer made to the Santa Ana Police Officers Association (“SAPOA”) on September 8, 2022 that include d a base salary increase of three (3) percent effective the pay period following Ci ty Council approval, or January 1, 2023.

F. It is now desired to amend Reso lution No. 2015 -026, as amended, and its corresponding exhibits in order to effect these changes, as shown below.

Section 2. The Santa Ana City Council amends Resolution No. 2015 -026, as amended, and its corresponding exhibits as follows:

EXHIBIT 2

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A. Updating the following Exhibit D monthly steps for SAPOA classifications per the implemented terms and conditions of the City’s last, best, and final offer dated September 8, 2022 that include d a base salary increase of three (3) percent effective January 1, 2023:

JOB TITLE SRR A B C D E
Animal Service Officer I 668 $5,597 $5,877 $6,172 $6,480 $6,804 Animal Service Officer II 698 $6,480 $6,804 $7,145 $7,501 $7,876 Background Investigator 683 $6,022 $6,324 $6,639 $6,971 $7,320 Communications Services Officer 663 $5,463 $5,736 $6,022 $6,324 $6,639 Correctional Officer 683 $6,022 $6,324 $6,639 $6,971 $7,320 Correctional Supervisor 732 $7,650 $8,033 $8,435 $8,857 $9,300 Crime Research Aide 694 $6,355 $6,672 $7,005 $7,355 $7,724 Crime Research Analyst 720 $7,215 $7,576 $7,955 $8,352 $8,770 Emergency Operations Coordinator 752 $8,435 $8,857 $9,300 $9,766 $10,254 Firearms Examiner 739 $7,916 $8,311 $8,727 $9,164 $9,622 Forensic Services Supervisor 770 $9,209 $9,670 $10,153 $10,661 $11,194 Forensic Specialist I 694 $6,355 $6,672 $7,005 $7,355 $7,724 Forensic Specialist II 713 $6,971 $7,320 $7,687 $8,072 $8,476 Parking Control Officer 633 $4,716 $4,954 $5,203 $5,463 $5,736 Police Athletic/Activities League
Assistant Director 662 $5,436 $5,708 $5,993 $6,293 $6,607 Police Communications Supervisor 728 $7,501 $7,876 $8,270 $8,684 $9,119 Police Community Services
Specialist 683 $6,022 $6,324 $6,639 $6,971 $7,320
Police Evidence and Supply
Specialist 666 $5,543 $5,820 $6,112 $6,417 $6,738
Police Evidence and Supply
Supervisor 686 $6,112 $6,417 $6,738 $7,075 $7,427
Police Investigative Specialist 683 $6,022 $6,324 $6,639 $6,971 $7,320 Police Officer 739 $7,916 $8,311 $8,727 $9,164 $9,622
Police Photo/Video Specialist 678 $5,877 $6,172 $6,480 $6,804 $7,145 Police Property and Evidence
Supervisor 686 $6,112 $6,417 $6,738 $7,075 $7,427
Police Recruit 692 $6,293 $6,607 $6,937 $7,285 $7,650
Police Sergeant 782 $9,766 $10,254 $10,767 $11,305 $11,871 Police Service Officer 663 $5,463 $5,736 $6,022 $6,324 $6,639 Police Services Dispatcher 688 $6,172 $6,480 $6,804 $7,145 $7,501 Rangemaster 663 $5,463 $5,736 $6,022 $6,324 $6,639
Senior Parking Control Officer 653 $5,203 $5,463 $5,736 $6,022 $6,324 Traffic Services Specialist 683 $6,022 $6,324 $6,639 $6,971 $7,320

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Resolution 2023-XXX

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B. Adding the following classifications effective February 26, 2023, which is the start date of the first full pay period following City Council approval.

JOB TITLE EXH SRR BASIS STEP RATE
Data Analyst (UC) B 668 Monthly
AA $6,538
A $6,863
B $7,209
C $7,568
D $7,948
E $8,346
Human Resources Communications
Specialist (UC) B 663 Monthly
AA $6,380
A $6,702
B $7,034
C $7,386
D $7,754
E $8,142
Senior Human Resources Communications
Specialist (AM) E 722 Monthly
A $8,509
B $8,935
C $9,380
D $9,850
E $10,345
Data Analyst (Part-Time) I - Hourly
AA $37.72
A $39.59
B $41.59
C $43.66
D $45.85
E $48.15
Personnel Board Secretary (Part-Time) I - Hourly
AA $29.00
A $30.45
B $31.97
C $33.57
D $35.25
E $37.01
Senior Human Resources Communications
Specialist (Part-Time) I - Hourly
A $49.09
B $51.55
C $54.12
D $56.83
E $59.68

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Resolution 2023-XXX

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C. Deleting the following classification effective February 26, 2023, which is the start date of the first full pay period following City Council approval.

JOB TITLE EXH SRR BASIS STEP RATE
Risk Management Technician I - Hourly
A $31.62
B $33.23
C $34.88
D $36.63
E $38.46

D. Changing the compensation of the following classification s to the pay rates listed below effective February 26, 2023, which is the start date of the first full pay period following City Council approval.

JOB TITLE EXH SRR BASIS STEP RATE
Utilities Customer Service Supervisor F 677 Monthly
AAA $5,678
AA $5,963
A $6,260
B $6,574
C $6,903
D $7,247
E $7,609
Administrative Intern I - Hourly A $18.15
B $19.06
Budget Intern I - Hourly A $19.97
B $20.96
Engineering Intern I - Hourly A $19.97
B $20.96
Management Intern I - Hourly A $21.96
B $23.06
Senior Administrative Intern I - Hourly A $19.97
B $20.96

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Resolution 2023-XXX

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E. Changing the job title of the following classifications effective February 26, 2023, which is the start date of the first full pay period following City Council approval.

Change ‘Equity and Inclusion Coordinator (Exempt) (UC)’ to:

JOB TITLE EXH SRR BASIS STEP RATE
Equity and Inclusion Coordinator
(Excepted) (UC) B 668 Monthly
AA $6,538
A $6,863
B $7,209
C $7,568
D $7,948
E $8,346

Change ‘Planning Technician’ to:

JOB TITLE EXH SRR BASIS STEP RATE
Planning Technician (Part-Time) H - Hourly
A $26.08
B $27.37
C $28.75
D $30.19
E $31.71

Section 3. Except as amended by this Resolution, all other provisions of Resolution No. 2015-026, as amended, and its corresponding exhibits shall remain in full force and effect.

Section 4. This Resolution is to be operative from and after the date which it is adopted.

ADOPTED this 21st day of February, 2023.

___________________________
Valerie Amezcua
Mayor

APPROVED AS TO FORM:

Sonia R. Carvalho
City Attorney

By: __________________
Laura A. Rossini
Chief Assistant City Attorney

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AYES: Councilmembers

NOES: Councilmembers

ABSTAIN: Councilmembers

NOT PRESENT: Councilmembers

CERTIFICATE OF ATTESTATION AND ORIGINALITY

I, ____________________, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2023-___ to be the original Resolution adopted by the City Council of the City of Santa Ana on February 21, 2023.

Date: ___________________ ____________________________ Clerk of the Council
City of Santa Ana

City Council
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Resolution 2023-XXX

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RESOLUTION NO. 2023-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA TO AMEND THE CURRENT FISCAL YEAR 2022-
2023 ANNUAL BUDGET TO ADD AND DELETE FULL-TIME

POSITIONS IN THE LIBRARY DEPARTMENT, PARKS,

RECREATION, AND COMMUNITY SERVICES DEPARTMENT,

PLANNING AND BUILDING DEPARTMENT, AND PUBLIC
WORKS DEPARTMENT.

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS:

Section 1: The City Council hereby finds, determines, and declares as follows:

A. On June 21, 2022, the City Council passed and adopted Ordinance No. NS - 3021, establishing the City’s Budget for Fiscal Year 2022-2023 and authorizing position allocations for Fiscal Year 2022 -2023. The Ordinance also sets forth the requirement that alterations in the allocation of authorized positions be reviewed and approved by the City Council.

B. The Executive Director of the Library Department requests to amend the Fiscal Year 202 2-2023 budget to add the following full-time positions: one (1) Graphics Designer I and one (1) Senior Management Analyst, and the deletion of the following full -time positions: one (1) Library Technician and one (1) Management Analyst.

C. The Executive Director of the Parks, Recreation, and Community Services Department requests to amend the Fiscal Year 2022 -23 budget to add the following full-time positions: three (3) Recreation Program Coordinators, three (3) Recreation Leaders, two (2) General Maintenance Workers, one (1) Management Aide, and one (1) Management Analyst, and the deletion of the following full -time positions: o ne (1) Recreation Leader, one (1) Accounting Assistant, and one (1) Recreation and Community Services Supervisor.

D. The Executive Director of th e Planning and Building Department requests to amend the Fiscal Year 2022-23 budget to add the following full-time positions:
one (1) Assistant Plan Check Engineer, one (1) Associate Plan Check Engineer, one (1) Permit Services Technician, and one (1) Comb ination Building Inspector.

E. The Executive Director of the Public Works Department requests to amend the Fiscal Year 2022 -23 budget to add the following full -time positions: one (1) Public Works Projects Specialist, one (1) Projects Manager, and one (1) Senior Civil Engineer, and the deletion of the following full -time position s: one (1) EXHIBIT 3

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Resolution 2023-XXX

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Assistant Parks/Landscape Planne r, one (1) Civil Engineer, and two (2) Maintenance Worker II.

F. It is now desired to amend the Fiscal Year 2022 -2023 budget, as amended in order to effect this change, as shown below.

Section 2: The City’s Annual budget for Fiscal Year 2022 -2023, as amended, is hereby further amended to add and delete the following positions in the Library Department, at the monthly seven-step range as indicated:

7-Step Salary Rate Range Effective 2/21/2023
Classification Title

Number of
Positions Added

SSR
Monthly Salary
Minimum-Maximum

Graphics Designer I 1 642 $4,787 - $6,415
Library Technician -1 610 $4,091 - $5,488

Section 3: The City’s Annual budget for Fiscal Year 2022 -2023, as amended, is hereby further amended to add and delete the following positions in the Library Department, at the monthly five-step range and monthly six-step range indicated:

5-Step Salary Rate Range Effective 2/21/2023
Classification Title

Number of
Positions Added

SSR
Monthly Salary
Minimum-Maximum

Senior Management
Analyst 1 707 $7,908 - $9,610

6-Step Salary Rate Range Effective 2/21/2023
Classification Title

Number of
Positions Added

SSR
Monthly Salary
Minimum-Maximum

Management Analyst -1 668 $6,538 - $8,346

Section 4: The City’s Annual budget for Fiscal Year 2022 -2023, as amended, is hereby further amended to add and delete the following positions in the Parks, Recreation, and Community Services Department, at the monthly seven-step range as indicated:

7-Step Salary Rate Range Effective 2/21/2023
Classification Title

Number of
Positions Added

SSR
Monthly Salary
Minimum-Maximum

Recreation Program
Coordinator 3 640 $4,741 - $6,353
Recreation Leader 3 560 $3,205 - $4,296

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Resolution 2023-XXX

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General Maintenance
Worker 2 639 $4,718 - $6,322
Recreation Leader -1 560 $3,205 - $4,296
Accounting Assistant -1 621 $4,317 - $5,790
Recreation and
Community Services
Supervisor
-1 721 $7,039 - $9,434

Section 5: The City’s Annual budget for Fiscal Year 2022 -2023, as amended, is hereby further amended to add the following positions in the Parks, Recreation, and Community Services Department, at the monthly six-step range as indicated:

6-Step Salary Rate Range Effective 2/21/2023
Classification Title

Number of
Positions Added

SSR
Monthly Salary
Minimum-Maximum

Management Aide 1 642 $5,759 - $7,351
Management Analyst 1 668 $6,538 - $8,346

Section 6: The City’s Annual budget for Fiscal Year 2022 -2023, as amended, is hereby further amended to add the following positions in the Planning and Building Department, at the monthly seven-step range as indicated:

7-Step Salary Rate Range Effective 2/21/2023
Classification Title

Number of
Positions Added

SSR
Monthly Salary
Minimum-Maximum

Assistant Plan Check
Engineer 1 754 $8,269 - $11,086
Associate Plan Check
Engineer 1 769 $8,897 - $11,934
Permit Services
Technician 1 671 $5,515 - $7,391
Combination Building
Inspector 1 687 $5,963 - $7,989

Section 7: The City’s Annual budget for Fiscal Year 2022 -2023, as amended, is hereby further amended to add and delete the following position s in the Public Works Department, at the monthly seven-step range as indicated:

7-Step Salary Rate Range Effective 2/21/2023
Classification Title

Number of
Positions Added

SSR
Monthly Salary
Minimum-Maximum

Projects Manager 1 741 $7,761 - $10,401

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Resolution 2023-XXX

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Public Works Projects
Specialist 1 703 $6,446 - $8,641
Senior Civil Engineer 1 792 $9,955 - $13,342
Assistant
Parks/Landscape
Planner
-1 682 $5,818 - $7,799
Civil Engineer -1 769 $8,897 - $11,934
Maintenance Worker II -2 620 $4,296 - $5,762

Section 8: All classification salary rate ranges are set forth in the City's "Salary Schedule" as periodically updated.

Section 9: That except as amended by this r esolution, all other provisions of the Ann ual Budget for the Fiscal Year 2022-2023, as amended, shall remain in full force and effect.

Section 10: This Resolution is operative from and after the date upon which it is adopted.

ADOPTED this 21st day of February 2023.

___________________________
Valerie Amezcua
Mayor

APPROVED AS TO FORM:

Sonia R. Carvalho
City Attorney

By: __________________
Laura A. Rossini
Chief Assistant City Attorney

AYES: Councilmembers

NOES: Councilmembers

ABSTAIN: Councilmembers

NOT PRESENT: Councilmembers

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Resolution 2023-XXX

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CERTIFICATE OF ATTESTATION AND ORIGINALITY

I, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2023- ___ to be the original Resolution adopted by the City Council of the City of Santa Ana on February 21, 2023

Date: ___________________ ____________________________ Clerk of the Council
City of Santa Ana

City Council
23 –
24 2/21/2023

As of December 31, 2022
Department
FY 22-23
Funded
Positons
GF
Vacancies
Non-GF
Vacancies
Total
Vacancies
Hiring
Freeze
Vacancies
Total
Funded
Vacancies
Vacancy
Rate
City Manager's Office 16 2 2 4 0 4 25%
City Attorney's Office 17 6 0 6 0 6 35%
Clerk of the Council 7 4 0 4 0 4 57%
Community Development 62 0 5 5 0 5 8%
Finance & Management Services 68 8 2 10 0 10 15%
Information Technology 23 0 10 10 0 10 43%
Human Resources 31 2 1 3 0 3 10%
Planning & Building 95 15 3 18 0 18 19%
Police Department 640 64 1 65 7 58 10%
Parks, Recreation, & Community Services 53 3 2 5 0 5 9% Library 37 5 0 5 0 5 14%
Public Works Agency 311 12 62 74 2 72 24%
Total 1360 121 88 209 9 200 15%
EXHIBIT 4

City Council
23 –
25 2/21/2023

Fund
Number Fund Name Beginning Balance FY 22-23
Revenues
FY 22-23
Transfers In
FY 22-23 Total
Resources
FY 22-23
Expenditures
FY 22-23
Transfers Out
FY 22-23
Total Uses
Change in Fund
Balance
Estimated Ending
Fund Balance

GENERAL FUND
011 GENERAL FUND 144,163,846 399,486,440 - 399,486,440 (396,048,112) (51,488,070) (447,536,182) (48,049,742) 96,114,100 General Fund Total 144,163,846 399,486,440 - 399,486,440 (396,048,112) (51,488,070) (447,536,182) (48,049,742) 96,114,100

SPECIAL REVENUE - GENERAL FUND
012 CANNABIS PUBLIC BENEFIT FUND 25,137,682 - 14,233,300 14,233,300 (34,253,291) - (34,253,291) (20,019,991) 5,117,690 016 CASP CERTIFICATION & TRAINING 345,932 85,000 - 85,000 (85,000) - (85,000) - 345,930 021 CATV FUND 1,783,304 250,000 - 250,000 (250,000) - (250,000) - 1,783,300 022 PRCSA FEE & DONATION 1,012,093 - - - (975,735) - (975,735) (975,735) 36,360 051 CAPITAL OUTLAY FUND 4,525,792 1,023,500 292,000 1,315,500 (5,200,189) - (5,200,189) (3,884,689) 641,100 053 CITY SERVICES 1,723,211 3,621,520 - 3,621,520 (3,771,520) - (3,771,520) (150,000) 1,573,210 100 SECTION 457 FIDUCIARY ADMIN 103,634 67,300 - 67,300 (93,000) - (93,000) (25,700) 77,930 110 STRONG MOTION INSTRUMENTATION 101,699 16,000 - 16,000 (16,000) - (16,000) - 101,700 120 FIRE FACILITIES FUND 2,560,965 780,100 - 780,100 (2,728,100) - (2,728,100) (1,948,000) 612,960 121 SPECIAL REPAIR/DEMOLITION 651,447 160,000 - 160,000 (160,000) - (160,000) - 651,450 Special Revenue - General Fund Total 37,945,758 6,003,420 14,525,300 20,528,720 (47,532,835) - (47,532,835) (27,004,115) 10,941,630

GRANT FUNDS
031 AIR QUALITY IMPR. (AB 2766) 1,678,310 785,268 - 785,268 (2,100,734) (7,050) (2,107,784) (1,322,516) 355,790 122 EMERGENCY & HEALTH GRANTS 4,296,361 12,849,751 - 12,849,751 (12,330,590) (810) (12,331,400) 518,351 4,814,710 123 WORKFORCE INVESTMENT ACT (412,321) 4,900,929 - 4,900,929 (4,427,618) (60,990) (4,488,608) 412,321 - 124 ORANGE COUNTY SSA GRANTS 1,201,336 3,733,474 - 3,733,474 (3,722,674) (10,800) (3,733,474) - 1,201,340 125 OES UASI (623,736) 9,781,134 - 9,781,134 (9,157,201) - (9,157,201) 623,933 200 127 D.O.J. GRANT FUND 16,005 434,782 - 434,782 (434,782) - (434,782) - 16,010 128 POLICE BLOCK GRANTS 1,299,220 898,993 - 898,993 (1,767,960) - (1,767,960) (868,967) 430,250 130 HOME PROGRAM FEDERAL GRANT 2,366,375 8,038,907 - 8,038,907 (9,556,849) (9,610) (9,566,459) (1,527,552) 838,820 135 COMMUNITY DEV BLOCK GRANT (1,417,933) 18,320,797 - 18,320,797 (16,769,572) (107,670) (16,877,242) 1,443,555 25,620 136 HOUSING AUTHORITY-VOUCHER HAP (171,857) 42,504,227 - 42,504,227 (42,332,370) - (42,332,370) 171,857 - 137 HOUSING AUTHORITY- MAINSTREAM - 2,427,940 - 2,427,940 (2,427,940) - (2,427,940) - - 138 HOUSING AUTHORITY- MS5 (36,509) 2,357,600 - 2,357,600 (2,357,600) - (2,357,600) - (36,510) 139 HOUSING AUTHORITY-NEW CONSTR 145,833 360,230 - 360,230 (360,000) (230) (360,230) - 145,830 140 HOUSING AUTHORITY-VOUCHER ADM 2,349,174 4,539,380 - 4,539,380 (4,452,386) (91,940) (4,544,326) (4,946) 2,344,230 142 NSP FEDERAL GRANT 1,556,628 228,498 - 228,498 (1,644,000) - (1,644,000) (1,415,502) 141,130 145 RENTAL REHABILITATION GRANT 396,231 - - - (38,653) - (38,653) (38,653) 357,580 152 PUBLIC LIBRARY GRANT FUND 409 9,339,901 - 9,339,901 (9,339,901) - (9,339,901) - 410 157 HSG ADMIN CARES ACT COVID-19 428 - - - (428) - (428) (428) - 158 PLANNING GRANTS PROGRAM (218,831) 10,567,889 - 10,567,889 (10,199,699) - (10,199,699) 368,190 149,360 165 OFFICE OF SAFETY GRANT 147,874 916,406 - 916,406 (900,306) - (900,306) 16,100 163,970 169 RECREATION GRANTS FUND 545,223 300,640 - 300,640 (304,727) - (304,727) (4,087) 541,140 179 ARPA EHV HAP 416,414 768,187 - 768,187 (1,184,601) - (1,184,601) (416,414) - 180 ARPA EHV ADMIN FEES 184,861 267,180 - 267,180 (296,281) - (296,281) (29,101) 155,760 181 AMERICAN RESCUE PLAN ACT 115,979,208 99,531,883 - 99,531,883 (115,979,235) - (115,979,235) (16,447,352) 99,531,860 182 HOME-ARP PROGRAM FEDERAL GRANT - 6,201,228 - 6,201,228 (6,201,228) - (6,201,228) - - 183 ARPA - CA FOR ALL YOUTH WDP - 4,497,520 - 4,497,520 (4,497,520) - (4,497,520) - - Grant Funds Total 129,698,705 244,552,744 - 244,552,744 (262,784,855) (289,100) (263,073,955) (18,521,211) 111,177,500 Estimated Spendable Fund Balance Summary
Fiscal Year 2022-2023

City Council
23 –
26 2/21/2023

OTHER RESTRICTED FUNDS
020 OTS-TRAFFIC OFFENDER PROGRAM 33,912 55,360 - 55,360 (55,360) - (55,360) - 33,910 023 INMATE WELFARE FUND 1,811,407 2,299,510 - 2,299,510 (2,299,510) - (2,299,510) - 1,811,410 024 POLICE ACTIVITIES & PROGRAMS (143,559) 565,320 - 565,320 (565,270) - (565,270) 50 (143,510) 026 CRIMINAL ACTIVITIES FUND 144,634 - - - (70,520) - (70,520) (70,520) 74,110 029 SPECIAL GAS TAX 27,033,527 14,742,582 - 14,742,582 (7,722,442) (33,402,894) (41,125,336) (26,382,754) 650,770 074 CIVIC CENTER MAINTENANCE (275,075) 3,929,669 1,179,400 5,109,069 (4,774,734) (13,200) (4,787,934) 321,135 46,060 133 HOUSING AUTHORITY-ISSUER FEE 2,741,131 70,000 - 70,000 (128,790) (1,300) (130,090) (60,090) 2,681,040 166 US DOJ ASSET FORFEITURE FUND 972,304 - - - (1,000,670) - (1,000,670) (1,000,670) (28,370) 167 US TREASURY ASSET FORFEITURE 139,884 - - - (139,280) - (139,280) (139,280) 600 177 EMERGENCY RENTAL ASSISTANCE PG 2,667,174 7,487,509 - 7,487,509 (8,133,226) (2,520) (8,135,746) (648,237) 2,018,940 178 COVID-19 RESPONSE (137,782) 7,362,219 - 7,362,219 (3,997,089) - (3,997,089) 3,365,130 3,227,350 417 CDA INCLUSIONARY HOUSING FEE 14,841,591 71,120 - 71,120 (4,819,517) (9,900) (4,829,417) (4,758,297) 10,083,290 607 HOUSING AUTHORITY LMIHF 4,887,424 770,280 - 770,280 (1,967,270) (12,040) (1,979,310) (1,209,030) 3,678,390 655 2018 SERIES TAX ALLOC BOND - - 11,231,650 11,231,650 (11,231,650) - (11,231,650) - - 670 COSA RDA 484,393 - 130,000 130,000 (130,200) - (130,200) (200) 484,190 671 COSA RDA OBLIGATION RETIREMENT 10,604,329 11,773,130 - 11,773,130 (411,480) (11,361,650) (11,773,130) - 10,604,330 Other Restricted Funds Total 65,805,292 49,126,699 12,541,050 61,667,749 (47,447,008) (44,803,504) (92,250,512) (30,582,763) 35,222,510

ENTERPRISE FUNDS
027 PARKING FUND 1,088,037 2,281,390 2,873,040 5,154,430 (5,154,430) - (5,154,430) - 1,088,040 056 SANITARY SEWER SERVICE 8,252,906 8,895,300 - 8,895,300 (9,073,415) (250,000) (9,323,415) (428,115) 7,824,790 057 FED CLEAN WATER PROTECTION ENT 4,754,649 1,750,000 2,665,800 4,415,800 (7,068,190) (200,000) (7,268,190) (2,852,390) 1,902,260 060 WATER REVENUE 45,840,958 73,576,450 - 73,576,450 (74,597,322) (41,452,622) (116,049,944) (42,473,494) 3,367,460 066 ACQUISITION & CONSTRUCTION 809,695 8,250,000 40,171,822 48,421,822 (49,231,517) - (49,231,517) (809,695) - 067 REGIONAL TRANSP CENTER 378,256 759,870 1,081,870 1,841,740 (1,777,850) - (1,777,850) 63,890 442,150 068 SANITATION FUND 6,809,184 6,142,900 200,000 6,342,900 (9,338,336) - (9,338,336) (2,995,436) 3,813,750 069 REFUSE COLLECTION SERVICE 7,197,102 19,388,856 - 19,388,856 (15,908,080) (3,676,666) (19,584,746) (195,890) 7,001,210 Enterprise Funds Total 75,130,786 121,044,766 46,992,532 168,037,298 (172,149,140) (45,579,288) (217,728,428) (49,691,130) 25,439,660

INTERNAL SERVICE FUNDS
070 EQUIPMENT REPLACEMENT FUND 7,942,223 738,700 - 738,700 (2,980,560) - (2,980,560) (2,241,860) 5,700,360 073 BUILDING MAINT FUND 2,358,794 5,623,060 - 5,623,060 (5,963,860) - (5,963,860) (340,800) 2,017,990 075 FLEET MAINTENANCE/STORES 1,337,207 5,467,310 - 5,467,310 (5,786,720) - (5,786,720) (319,410) 1,017,800 076 STORES & PROPERTY CONTROL (210,266) 1,804,100 - 1,804,100 (2,010,290) - (2,010,290) (206,190) (416,460) 080 LIABILITY AND PROPERTY INS FND 16,402,298 11,092,950 4,654,820 15,747,770 (17,960,012) - (17,960,012) (2,212,242) 14,190,060 081 EMPLOYEE GROUP INSURANCE 52,314 26,803,910 2,534,580 29,338,490 (29,472,040) - (29,472,040) (133,550) (81,240) 082 WORKERS COMPENSATION FUND 16,700,041 10,101,550 - 10,101,550 (10,061,652) - (10,061,652) 39,898 16,739,940 085 CITY YARD OPERATION (55,328) 1,263,100 - 1,263,100 (1,324,190) - (1,324,190) (61,090) (116,420) 086 PUB WKS ENG/PROJ MGMT (268,310) 8,717,760 10,000 8,727,760 (8,543,170) (113,450) (8,656,620) 71,140 (197,170) 088 QUALITY SERVICE TRAINING 295,927 - - - (295,927) - (295,927) (295,927) - 101 PUB WKS-ADMIN & PLANNING 2,900,641 7,733,700 85,000 7,818,700 (10,591,430) (94,670) (10,686,100) (2,867,400) 33,240 109 INFO SYS STRATEGIC PLAN 12,805,168 8,686,630 - 8,686,630 (17,504,990) - (17,504,990) (8,818,360) 3,986,810 Internal Service Funds Total 60,260,709 88,032,770 7,284,400 95,317,170 (112,494,841) (208,120) (112,702,961) (17,385,791) 42,874,910

City Council
23 –
27 2/21/2023

CAPITAL PROJECT FUNDS
032 MEASURE M-STREET CONSTRUCTION (8,296,468) 70,094,545 - 70,094,545 (52,117,896) - (52,117,896) 17,976,649 9,680,180 034 NEW TRANSPO SYS IMPR AREA E 1,496,062 - - - (1,291,236) - (1,291,236) (1,291,236) 204,830 035 NEW TRANSPO SYS IMPR AREA F 1,878,239 - - - (1,733,154) - (1,733,154) (1,733,154) 145,080 054 SANITARY SEWER CAPITAL 16,314,420 60,000 - 60,000 (16,373,531) - (16,373,531) (16,313,531) 890 055 SEWER CONNECTION FEE 7,644,013 1,140,400 - 1,140,400 (8,770,613) - (8,770,613) (7,630,213) 13,800 058 RESIDENTIAL STREET IMPROVEMENT 5,238,339 450,000 - 450,000 (300,000) - (300,000) 150,000 5,388,340 059 SELECT STREET CONSTRUCTION 20,333,430 6,289,660 36,030,710 42,320,370 (53,003,021) - (53,003,021) (10,682,651) 9,650,780 147 FEDERAL AID SAFETY PROGRAM (508,190) 715,728 - 715,728 (1,664,540) - (1,664,540) (948,812) (1,457,000) 148 TRAFFIC SYSTEM MGMT GRANT (4,833,337) 36,439,014 - 36,439,014 (31,717,146) - (31,717,146) 4,721,868 (111,470) 161 PRCSA CAPITAL GRANTS (1,036,427) 11,502,451 - 11,502,451 (10,528,785) - (10,528,785) 973,666 (62,760) 162 ENERGY CONSERVATION PROGRAM 16,404 - - - (104,807) - (104,807) (104,807) (88,400) 164 PWA ENTERPRISE CAPITAL GRANTS (3,771,970) 16,147,492 - 16,147,492 (12,375,522) - (12,375,522) 3,771,970 - 223 LOCAL DRAINAGE AREA III 421,887 - - - (38,609) (125,000) (163,609) (163,609) 258,280 224 LOCAL DRAINAGE AREA IV 419,915 - - - (401,396) - (401,396) (401,396) 18,520 226 LOCAL DRAINAGE AREA VI 381,053 - - - (150,000) - (150,000) (150,000) 231,050 301 REC/COMM SVS 6,067 126,805 - 126,805 (126,805) - (126,805) - 6,070 311 RESIDENTIAL DEVELOP DISTRICT 1 3,288,547 - - - (409,425) (2,383,974) (2,793,399) (2,793,399) 495,150 312 RESIDENTIAL DEVELOP DISTRICT 2 5,412,408 - - - (3,159,914) - (3,159,914) (3,159,914) 2,252,490 313 RESIDENTIAL DEVELOP DISTRICT 3 13,236,091 - - - (8,881,429) - (8,881,429) (8,881,429) 4,354,660 314 RESIDENTIAL DEVELOP DISTRICT 4 652,881 - - - (91,042) (528,039) (619,081) (619,081) 33,800 315 HARBOR SPECIFIC ACQUISITION & DEVELOPMENT - - 2,912,013 2,912,013 (2,912,013) - (2,912,013) - - 400 POLICE UUT LEASE REVENUE BONDS 11,612 - 4,622,100 4,622,100 (4,621,800) - (4,621,800) 300 11,910 404 COSA 2014 LEASE FINANCING 71,218 - 5,156,070 5,156,070 (5,156,070) - (5,156,070) - 71,220 418 CDA CAPITAL PROJECTS 1,336,719 - - - (1,336,719) - (1,336,719) (1,336,719) - 992 TRAN SYS IMP AUT AREA B 10,641,688 - - - (3,167,999) - (3,167,999) (3,167,999) 7,473,690 Capital Project Funds Total 70,354,598 142,966,095 48,720,893 191,686,988 (220,433,472) (3,037,013) (223,470,485) (31,783,497) 38,571,110

DEBT SERVICE FUND
406 2021 PENSION OBLIGATION BONDS - - 15,340,770 15,340,770 (15,331,870) - (15,331,870) 8,900 8,900 Debt Service Fund Total - - 15,340,770 15,340,770 (15,331,870) - (15,331,870) 8,900 8,900 GRAND TOTAL - ALL FUNDS 583,359,695$ 1,051,212,934$ 145,404,945$ 1,196,617,879$ (1,274,222,132)$ (145,405,095)$ (1,419,627,228)$ (223,009,349)$ 360,350,320$

City Council
23 –
28 2/21/2023

Santa Ana City CouncilFebruary 21, 2023

Santa Ana City Council
February 21, 2023