Meeting

City Council and Special Closed Session Meeting Agenda
December 20, 2022
SPECIAL CLOSED SESSION MEETING – 4:00 PM
REGULAR OPEN MEETING – 5:45 PM
(Immediately following the Closed Session Meeting)
CITY COUNCIL CHAMBER
22 Civic Center Plaza Santa Ana, CA 92701

Valerie Amezcua Mayor
Thai Viet Phan Councilmember – Ward 1		Benjamin Vazquez Councilmember - Ward 2
Jessie Lopez Mayor Pro Tem - Ward 3		Phil Bacerra Councilmember - Ward 4
Johnathan Ryan Hernandez Councilmember - Ward 5		David Penaloza Councilmember - Ward 6
Mayor and Council telephone: 714-647-6900 Agenda item inquiries: 714-647-6520
Sonia R. Carvalho City Attorney	Kristine Ridge City Manager	Norma Orozco Assistant Clerk of the Council

In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting, contact Michael Ortiz, City ADA Program Coordinator, at (714) 647-5624. Notification 48 hours prior to the Meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supporting documentation can be found on the City’s website – www.santa-ana.org/city-meetings.

CITY VISION AND CODE OF ETHICS
The City of Santa Ana is committed to achieving a shared vision for the organization and its community. The Vision, Mission and Guiding Principles (Values) are the result of a thoughtful and inclusive process designed to set the City and organization on a course that meets the challenges of today and tomorrow, as follows:

Vision - The dynamic center of Orange County which is acclaimed for our: Investment in youth • Safe and healthy community • Neighborhood pride • Thriving economic climate • Enriched and diverse culture • Quality government services

Mission - To deliver efficient public services in partnership with our community which ensures public safety, a prosperous economic environment, opportunities for our youth, and a high quality of life for residents.

Guiding Principles - Collaboration • Efficiency • Equity • Excellence • Fiscal Responsibility • Innovation • Transparency

Code of Ethics and Conduct - At the Special Municipal Election held on February 5, 2008, voters approved an amendment to the City Charter which established the Code of Ethics and Conduct for elected officials and members of appointed boards, commissions, and committees to assure public confidence. The following are the core values expressed: • Integrity • Honesty • Responsibility • Fairness • Accountability • Respect • Efficiency

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

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

MAILING OPTION written communications – Public comments may be mailed to: Office of the Clerk of the Council, 20 Civic Center Plaza M-30, Santa Ana, CA 92701. All written communications received via mail by 3:00 p.m. on the day of the meeting will be distributed to the City Council and imaged into the City’s document archive system which is available for public review.
SENDING E-MAIL OPTION – Public comments may be sent via email to the City Clerk’s office at [email protected]. Please note the agenda item you are commenting on in the subject line of the email. All emails received before 3:00 p.m. on the day of the meeting will be distributed to the City Council and imaged into the City’s document archive system which is available for public review.
LIVE VIRTUAL OPTION – Members of the public may provide live comments during the meeting by Zoom or Conference Call. To join by Zoom click on or type the following address into your web browser https://us02web.zoom.us/j/315965149. To join the Conference Call: Dial (669) 900-9128 and enter MEETING ID: 315 965 149#. You will be prompted by the City Clerk when it is time for a: i) closed session item, ii) general agenda item, iii) public hearing item, iv) special agenda item, or v) for Housing Authority item. You may request to speak by dialing *9 from your phone or you may virtually raise your hand from Zoom. After the Clerk confirms the last three digits of the caller’s phone number or Zoom ID and unmutes them, the caller must press *6 or microphone icon to speak. Callers are encouraged, but not required, to identify themselves by name. Each caller will be provided three (3) minutes to speak, unless due to the number of speakers wanting to speak a decision is made to provide a different amount of time to speak.
IN-PERSON OPTION - Members of the public can provide in-person comments at the podium in the Council Chamber. The Council Chamber will have seating available for members of the public to attend the meeting in-person. Public comments are limited to three (3) minutes per speaker, unless a different time is announced by the presiding chair. Speakers who wish to address the Council must do so by submitting a “Request to Speak” card by 4:00 p.m. for Closed Session items and by 6:00 p.m. for all other designated public comment periods as listed below. Cards will not be accepted after the Public Comment Session begins without the permission of the presiding chair.

The following designated public comment periods are:
1. LIVE PUBLIC COMMENTS ON CLOSED SESSION ITEMS – You can provide live comments on closed session items by joining Zoom or the Conference Call as described in the LIVE or IN-PERSON PUBLIC COMMENTS OPTION above. Speaker queue will open at 3:30 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL BY 4:00 p.m. Speakers who are not in the speaker queue by 4:00 p.m. will not be permitted to speak.

2. LIVE PUBLIC COMMENTS ON REGULAR AGENDA ITEMS AND NON-AGENDA ITEMS (GENERAL PUBLIC COMMENT) – You can provide comments by joining Zoom or the Conference Call as described in the LIVE or IN-PERSON PUBLIC COMMENTS OPTION above. Speaker queue will open at 4:30 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL PRIOR TO 6:00 p.m. Speakers who are not in the speaker queue by 6:00 p.m. will not be permitted to speak.

3. LIVE PUBLIC COMMENTS ON PUBLIC HEARING ITEMS – You can provide comments by joining Zoom or the Conference Call as described in the LIVE or IN-PERSON PUBLIC COMMENTS OPTION above. Speakers not in the queue by 6:00 p.m. will not be permitted to speak.

About the Agenda
To download or view the attachments (staff report and other supporting documentation) for each agenda item, you must select the agenda item to see the attachments to either open in a new link (the eyeball) or download a pdf (the cloud symbol with the down arrow).

SPECIAL CLOSED SESSION

CALL TO ORDER
ATTENDANCE	Council Members	Phil Bacerra
		Johnathan Ryan Hernandez
		David Penaloza
		Thai Viet Phan
		Benjamin Vazquez
	Mayor Pro Tem	Jessie Lopez
	Mayor	Valerie Amezcua
	City Manager	Kristine Ridge
	City Attorney	Sonia R. Carvalho
	Clerk of the Council

ROLL CALL

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

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

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

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

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

Agency Negotiators: Human Resources Executive Director, Jason Motsick

Employee Organizations:

Santa Ana Police Officers Association (POA)
Service Employees’ International Union (SEIU) Full-Time Employees
Confidential Association of Santa Ana (CASA)
Santa Ana Management Association (SAMA)

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

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

CITY COUNCIL REGULAR OPEN SESSION

CALL TO ORDER

ROLL CALL

PLEDGE OF ALLEGIANCE

Mayor Amezcua

WORDS OF INSPIRATION

Bob Barnett, Police Chaplain

CEREMONIAL PRESENTATIONS

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

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

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

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

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

	PUBLIC COMMENT – Public comments will be held during the beginning of the meeting for ALL comments on agenda and non-agenda items, with the exception of public hearings. Comments for public hearings will take place after the hearing is opened. Correspondence Non-Agenda

CONSENT CALENDAR

Recommended Action: Approve staff recommendations on the following Consent Calendar Items: 5 through 37.

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

Minutes from the Special Closed Session, Regular Session, Housing Authority, and Special Successor Agency, Meeting for September 06, 2022

Department(s): Clerk of the Council

Recommended Action: Approve minutes

Adopt Ordinance No. NS-XXXX – AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTERS 8 AND 14 OF THE SANTA ANA MUNICIPAL CODE TO ADOPT AND AMEND THE MOST RECENTLY ENACTED CALIFORNIA BUILDING CODE, CALIFORNIA RESIDENTIAL CODE, CALIFORNIA GREEN BUILDING STANDARDS CODE, CALIFORNIA ELECTRICAL CODE, CALIFORNIA MECHANICAL CODE, CALIFORNIA PLUMBING CODE, CALIFORNIA ENERGY CODE, CALIFORNIA HISTORICAL BUILDING CODE, CALIFORNIA FIRE CODE, CALIFORNIA EXISTING BUILDING CODE, AND INTERNATIONAL PROPERTY MAINTENANCE CODE

First reading at the December 6, 2022 City Council meeting and approved by a vote of 5-0-2 (Bacerra and Hernandez absent).

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

Department(s): Planning and Building Agency

Recommended Action: Place ordinance on second reading and adopt.

Adopt Ordinance No. NS-XXXX – ZONING ORDINANCE AMENDMENT NO. 2022-04 – AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SECTIONS 41-130, 41-522 AND 41-1341 OF, AND ADDING SECTION 41-130.5 AND ARTICLE XXI (OUTDOOR DINING ON PRIVATE PROPERTY) TO, CHAPTER 41 (ZONING) OF THE SANTA ANA MUNICIPAL CODE ESTABLISHING REGULATIONS RELATING TO THE PLACEMENT, DEVELOPMENT, AND OPERATION OF OUTDOOR DINING ON PRIVATE PROPERTY

First reading at the December 6, 2022 City Council meeting and approved by a vote of 6-0-1 (Hernandez absent).

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

Department(s): Planning and Building Agency

Recommended Action: Place ordinance on second reading and adopt.

Adopt Ordinance No. NS-XXXX – ZONING ORDINANCE AMENDMENT NO. 2022-05 – AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SECTION 41-121 OF, AND ADDING ARTICLE XXII (MOBILE FOOD TRUCKS ON PRIVATE PROPERTY) TO, CHAPTER 41 (ZONING) OF THE SANTA ANA MUNICIPAL CODE ESTABLISHING REGULATIONS RELATING TO THE OPERATION OF MOBILE FOOD TRUCKS ON PRIVATE PROPERTY

First reading at the December 6, 2022 City Council meeting and approved by a vote of 6-0-1 (Hernandez absent).

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

Department(s): Planning and Building Agency

Recommended Action: Place ordinance on second reading and adopt.

10.

Receive and file Quarterly Report of Contracts up to $50,000 for Non-Public Works and up to $250,000 for Public Works authorized by the City Manager as permitted by Charter Section 421

Department(s): Finance and Management Services

Recommended Action: Receive and file Quarterly Report of Contracts entered into between July 1, 2022 to September 30, 2022, valued at up to $50,000 for non-public works contracts and agreements and up to $250,000 for public works contracts and agreements.

11.

Budget Calendar for Fiscal Year 2023-2024

Department(s): Finance and Management Services

Recommended Action: Approve the Budget Calendar for Fiscal Year 2023-2024.

12.

Approve the Annual Calendar of Regular City Council Meetings for 2023

Department(s): Clerk of the Council Office

Recommended Action: 1. Review calendar of regularly scheduled City Council meetings in 2023.

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

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

13.

Approve an Agreement and Appropriation Adjustment Recognizing Grant Revenue in an amount not to exceed $9,329,973 for the California State Library Building Forward Library Infrastructure Grant Program

Department(s): Library

Recommended Action: 1. Authorize the Library Services Director to execute a Grant Agreement via DocuSign, accepting grant funds in the amount of $9,329,973 for the Building Forward Library Infrastructure Grant Program, beginning upon execution and ending March 31, 2026, subject to non-substantive changes approved by the City Manager and City Attorney (Agreement No. 2022-XXX).

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

14.

Approve an Appropriation Adjustment and Additional Contingency Funds for Existing Contracts for the Santa Ana Boulevard and 5th Street Protected Bike Lane Project (Project 17-6880) (Non-General Fund)

Department(s): Public Works Agency

Recommended Action: 1. Authorize a budget reallocation of $150,000 in unspent Measure M2 Fairshare funds to the Santa Ana Boulevard and 5^th Street Protected Bike Lane Project (Project No. 17-6880) from Project Development FY 22/23 (No. 23-6899).

2. Authorize a budget reallocation of $200,000 in unspent Measure M2 Fairshare funds to the Santa Ana Boulevard and 5^th Street Protected Bike Lane Project (Project No. 17-6880) from Right of Way Management FY 22/23 (No. 23-6900).

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

4. Approve an amendment to the Fiscal Year 2022-23 Capital Improvement Program to include $750,000 in construction funds for the Santa Ana Boulevard and 5^th Street Protected Bike Lane Project (Project No. 17-6880).

15.

Approve a Budget Reallocation and Award a Construction Contract to Big Ben, Inc., in the Amount of $3,163,400 for the Willard Neighborhood Water and Sewer Main Improvements Projects, with an Estimated Project Delivery Cost of $4,112,420 (Project Nos. 23-6454 & 16-6466) (Non-General Fund)

Department(s): Public Works Agency

Recommended Action: 1. Award a construction contract to Big Ben, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $3,163,400 for construction of the Willard Neighborhood Water and Sewer Main Improvements Project, for the term beginning December 6, 2022, and ending upon project completion, and authorize the City Manager to execute the contract subject to non-substantive changes approved by the City Manager and the City Attorney.

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

3. Approve an amendment to the Fiscal Year 2022-23 Capital Improvement Program to include $984,841 in construction funds for the Willard Neighborhood Sewer Main Improvements Project.

16.

Approve Appropriation Adjustment and Amend Agreements with OPAL Fuels Station Services, LLC. for the Design, Construction and Maintenance of a Renewable Natural Gas Fueling Station (Non-General Fund)

Department(s): Public Works Agency

Recommended Action: 1. Approve an appropriation adjustment recognizing fund balance of $1,138,300 in the Air Quality Improvement Fund (AB 2766), Prior Year Carryforward revenue account, and appropriating the same amount into the Air Quality Improvement (AB2766) and Fleet Services- Air Quality Improvement expenditure account. (Requires five affirmative votes)

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

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

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

17.

Award a Construction Contract to EverLevel Holdings, LLC. in the Amount of $4,482,892 for the First Street Slope Stabilization FY 2021-22 Project with an Estimated Construction Delivery Cost of $5,600,000 (Project No. 22-1341) (Non-General Fund) (Revive Santa Ana Program)

Department(s): Public Works Agency

Recommended Action: 1.   Reject all bids received on February 15, 2022, for construction of the First Street Slope Stabilization Project, due to changes in the scope of work.

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

3.   Approve an amendment to the Fiscal Year 2022-23 Capital Improvement Program to include $5,600,000 of American Rescue Plan Act (ARPA) funds for the First Street Slope Stabilization Project (22-1341).

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

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

18.

Award a Construction Contract to Palp, Inc. DBA Excel Paving Company in the Amount of $5,558,420 for the Safe Routes to School Davis Elementary Access Compliance Project with an Estimated Total Delivery Cost of $6,948,025 (Project Nos. 19-6951 and 22-1404) (Non-General Fund) (Revive Santa Ana Program)

Department(s): Public Works Agency

Recommended Action: 1. Approve an amendment to the Fiscal Year 2021-22 Capital Improvement Program to include $2,114,025 of funding in American Rescue Plan Funds for the Safe Routes to School Davis Elementary Access Compliance project.

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

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

19.

Increase the Contract Amount by $90,000 for an Existing Construction Contract with iBuild Spectrum, Inc., and $10,000 for Additional Construction Engineering for a Revised Estimated Project Delivery Cost of $1,740,000 for the Campesino Park, Memorial Park, and Madison Park Restrooms ( Project Nos. 21-7533, 21-7534, 21-7535) (Non-General Fund and Revive Santa Ana Program)

Department(s): Public Works Agency

Recommended Action: 1. Approve an amendment to the Project Cost Analysis to reflect the new amount of $10,000 for contract administration, inspection and testing, and a $90,000 project contingency for vandalized work repairs or unforeseen work, subject to non-substantive changes approved by the City Manager and City Attorney.

2. Approve an amendment to the Fiscal Year 2022-23 Capital Improvement Program in the amount of $100,000, which includes $10,000 in construction engineering funds and $90,000 for construction contingency funds for the Campesino Park, Memorial Park, and Madison Park Restroom Project.

20.

Award a Purchase Order to Select Equipment Sales in the Amount of $145,953 for Three Hyundai Hydraulic Forklifts for Public Works Agency Store & Property Control (Specification No. 22-158) (General Fund)

Department(s): Public Works Agency

Recommended Action: Authorize a one-time purchase and payment of purchase order to Select Equipment Sales for the purchase of three Hyundai Hydraulic Forklifts, in the amount of $135,953, plus a contingency of $10,000, for a total amount not to exceed $145,953, subject to non-substantive changes approved by the City Manager and City Attorney.

21.

Amend the Agreement with West Coast Arborists, Inc., for Tree Maintenance Services, Increasing the Annual Amount by $280,000 for the Remaining Term of the Agreement and Exercise First Renewal Option (General and Non-General Fund)

Department(s): Public Works Agency

Recommended Action: Authorize the City Manager to execute an amendment to the agreement with West Coast Arborists, Inc. (WCA), for tree maintenance services, increasing the annual amount by $280,000, for a total amount not to exceed $2,444,100 with six one-year renewal options exercisable by the City Manager, for a total agreement amount not to exceed $18,050,750, subject to non-substantive changes approved by the City Manager and City Attorney (Agreement No. 2022-XXX).

22.

Amend the Agreement with Superior Property Services, Inc. To Increase The Total Agreement Amount by $700,000 (Project No. 22-1402) Not to Exceed $1,966,568 for Hardscape Pavement Cleaning and Infectious Waste Removal Services for the Remaining Term of the Agreement (General Fund) (Revive Santa Ana Program)

Department(s): Public Works Agency

Recommended Action: Authorize the City Manager to execute the first amendment to the agreement with Superior Property Services, Inc. to increase the total compensation amount by $700,000 for a total agreement amount not to exceed $1,966,568, for the remainder of the agreement term expiring June 30, 2026, subject to non-substantive changes approved by the City Manager and the City Attorney (Agreement No. 2022-XXX).

23.

Approve an Agreement with AAA Oil, Inc. for Fuel Delivery and Supply Services (Non-General Fund)

Department(s): Public Works Agency

Recommended Action: Authorize the City Manager to execute an agreement with AAA Oil, Inc. for fuel delivery and supply services in an annual amount not to exceed $1,300,000 and total amount not to exceed $6,500,000, for a three-year term beginning December 20, 2022 and expiring December 19, 2025, with an option for one two-year extension, subject to non-substantive changes approved by the City Manager and City Attorney (Agreement No. 2022-XXX).

24.

Approve an Agreement with Guidehouse Inc. for American Rescue Plan Act (ARPA) Compliance Consulting Services (Revive Santa Ana Program)

Department(s): Finance and Management Services

Recommended Action: Authorize the City Manager to execute an agreement with Guidehouse Inc. for ARPA Consulting Services for a two-year term, beginning December 20, 2022 through December 19, 2024 with a provision for two one-year renewals exercisable by the City Manager, for a total aggregate amount not to exceed $400,000, subject to non-substantive changes approved by the City Manager and City Attorney (Agreement No. 2022-XXX).

25.

Approve an Agreement with Questica Software Ltd. in an Amount not to Exceed $231,804 for Maintenance and Support of Citywide Budget Management Software (General Fund)

Department(s): Finance and Management Services

Recommended Action: Authorize the City Manager to execute an agreement with Questica, Inc. for the maintenance and support of Citywide Budget Management Software for a three-year term beginning January 16, 2023 through January 15, 2026, for an amount not to exceed $231,804 subject to non-substantive changes approved by the City Manager and the City Attorney (Agreement No. 2022-XXX).

26.

Approve an Additional Agreement with Global Payments Direct, Inc. DBA OpenEdge, to Amend the Card Services Terms & Conditions For Government Entities, Incorporated Within the Prior Agreement Entered into with Global Payments Direct, Inc. DBA Total System Services Inc. (also known as TSYS Merchant Solutions) for Debit/Credit Card Merchant Payment Processing Services and Support and Maintenance in the Amount not to Exceed $1,898,400, which Includes a General Contingency of $242,400

Department(s): Finance and Management Services

Recommended Action: Authorize the City Manager to execute a first amendment to agreement with Global Payments Direct, Inc. DBA OpenEdge/TSYS Merchant Solutions for debit/credit card payment processing services, including support and maintenance in an amount not to exceed $1,898,400; which includes a general contingency of $242,400 over the maximum seven-year life of the agreement. The first amendment to agreement includes a base term commencing from December 20, 2022 and expiring December 31, 2025, with provision for two renewal options of three years, and one year, respectively ending December 31, 2029 (Agreement No. 2022-XXX).

27.

Approve Second Amendment to the Agreement with Aramark Correctional Services, LLC (General Fund)

Department(s): Police Department

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

28.

Amendment to Agreement with Stage Plus, Inc. for Stage Rental Services to Increase the Annual Not to Exceed Amount by $92,000 per Year through March 31, 2025, for a Total Annual Agreement Amount of $250,000 and $750,000 (Various Funds) for the Term of the Agreement

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

Recommended Action: Authorize the City Manager to execute an agreement amendment with Stage Plus, Inc. for stage rental services at City events to increase the annual amount by $92,000 per year for an annual amount not to exceed $250,000 through March 31, 2025 and new total agreement amount of $750,000, subject to non-substantive changes approved by the City Manager and City Attorney (Agreement No. 2022-XXX).

29.

The Planning and Building Agency/Code Enforcement and City Attorney’s Office are Seeking Authorization to File Receivership Petitions and Prosecute Nuisance Abatement Actions against Owners of Real Properties Located in the City of Santa Ana

Department(s): Planning and Building Agency

Recommended Action: Authorize the filing and prosecution of receivership petitions against owners of the following properties based on nuisance conditions resulting from health and safety violations of the Santa Ana Municipal Code (SAMC):

· 2405 S Maple Street, Santa Ana, CA 92707
· 1615 N Broadway, Santa Ana, CA 92706
· 1001 Freeman Street, Santa Ana, CA 92703
· 1502 N Flower Street, Santa Ana, CA 92706
· 1516 N Flower Street, Santa Ana, CA 92706
· 1522 N Flower Street, Santa Ana, CA 92706
· 1114 W Berkeley Street, Santa Ana, CA 92707
· 1027 N Logan Street, Santa Ana, CA 92701
· 1655-1659 E First Street, Santa Ana, CA 92701

30.

Adopt a Resolution Approving a Reduced Home Occupation Permit Fee for Home-Based Businesses/Home Occupations Operating from Residential Premises within the City

Department(s): Finance and Management Services

Recommended Action: Resolution No. 2022-XXX – Adopt a resolution approving a reduced Home Occupation Permit Fee for businesses operating from residential premises within the city, lowering the permit fee from $320.00 per permit to $50.32 per permit.

31.

Adopt a Resolution Amending the City’s Basic Classification and Compensation Plan in Response to the State’s Increased Minimum Wage Rate

Department(s): Human Resources

Recommended Action: Resolution No. 2022-XXX – Adopt a resolution amending and reestablishing the City’s Basic Classification and Compensation Plan to ensure the City complies with the new California minimum wage rate.

32.

Adopt a Resolution adopting the One Water One Watershed Plan Update 2018 and authorizing the submittal of grant applications for the New Washington Well Project and the Santa Ana Zoo Stormwater Capture and Diversion Project (Non-General Fund)

Department(s): Public Works Agency

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

33.

Adopt Resolution Authorizing Grant Applications for the Fiscal Year 2023-2024 Measure M2 Comprehensive Transportation Funding Program (Non-General Fund)

Department(s): Public Works Agency

Recommended Action: 1. Resolution No. 2022-XXX – Adopt Resolution Authorizing the City of Santa Ana to submit applications for funding consideration under the Measure M2 Comprehensive Transportation Funding Program 2023 Call for Projects.

2. Direct staff to incorporate approved Comprehensive Transportation Funding Program projects into the Seven-Year Capital Improvement Program for Fiscal Year 2023-24.

34.

Resolution to Adopt and Approve for Submission of the Fiscal Year 2021-22 Measure M2 Year-End Expenditure Report and Adopt the Measure M2 Seven Year CIP

Department(s): Public Works Agency

Recommended Action: 1. Resolution No. 2022-XXX – Adopt a Resolution approving the Measure M2 Annual Expenditure Report for Fiscal Year 2020-21, and authorize submission of the report to the Orange County Transportation Authority, as required by Measure M2 Funding Eligibility Guidelines.

2. Update the Measure M2 Seven Year CIP for Fiscal Years 2021-2022 through 2027-2028.

35.

Adopt a Resolution of Intent to Vacate a Portion of Edendale Court behind 1222 and 1226 South Birch Street, Abandonment 22-01

Department(s): Public Works Agency

Recommended Action: Resolution No. 2022-XXX – Adopt a resolution which declares the City’s intent to vacate a portion of Edendale Court behind 1222 and 1226 South Birch Street, and which sets a public hearing for January 17, 2023.

36.

Adopt Resolution of Intention to Disestablish the Downtown Santa Ana Business Improvement District

Department(s): Community Development Agency

Recommended Action: Resolution No. 2022-XXX – Adopt a resolution of intention to disestablish the Downtown Santa Ana Business Improvement District and establish a time and place for a public hearing to be held by the City Council on January 17, 2023.

37.

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

Department(s): Clerk of the Council Office

Recommended Action: Resolution No. 2022-XXX – Adopt a resolution to consider continuing the use of teleconferencing for City Council, board, committee, and commission meetings pursuant to the provisions of Assembly Bill 361 for the next 30 days.

END OF CONSENT CALENDAR

BUSINESS CALENDAR

38.

Biennial Review and Appointment of Regional Board Representatives

Department(s): Clerk of the Council Office

Recommended Action: 1. Review the regional board appointment list and appoint members and alternates to serve as representatives to various outside agencies through December 2024 (or specific term where noted).

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

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

39.

Zoning Ordinance Amendment No. 2022-07 – An Urgency Ordinance of the City Council of the City of Santa Ana Amending Various Sections of Chapter 41 (Zoning) of the Santa Ana Municipal Code (SAMC) Related to Noxious Uses, Medical Offices Operated by Government, Government-Subsidized, Not-for-Profit, or Philanthropic Entities, Electric Fences, and Various Use Definitions

Department(s): Planning and Building Agency

Recommended Action: NS-XXXX – Approve Zoning Ordinance Amendment No. 2022-07 and adopt the Urgency Ordinance by two-thirds (2/3) vote to amend various sections of Chapter 41 (Zoning) of the Santa Ana Municipal Code (SAMC). (Requires five affirmative votes)

40.

Increase Transparency with City Labor Negotiations

Department(s): Human Resources

Recommended Action: Accept informational report and provide direction to staff.

END OF BUSINESS CALENDAR

PUBLIC HEARINGS

PUBLIC COMMENTS – Members of the public may address the City Council on each of the Public Hearing items.

41.

Amendment Application No. 2022-01 to Change the Zoning District From Professional to Light Industrial and Appeal Nos. 2022-01 and 2022-02 Appealing Planning Commission Approval of Conditional Use Permit No. 2022-14 to Permit the Establishment of Distribution Uses within an Industrial Building to be Constructed at 1700-1740 E. Garry Avenue

Legal notice published in the Orange County Reporter on December 9, 2022 and notices mailed on December 8, 2022.

Department(s): Planning and Building Agency

Recommended Action: 1. Resolution No. 2022-XXX – Adopt a resolution denying Appeal Application Nos. 2022-01 and 2022-02 and upholding the determination of the Planning Commission to approve Conditional Use Permit No. 2022-14 as conditioned, and

2. Place ordinance on first reading approving Amendment Application No. 2022-01

42.

Conduct a TEFRA Hearing for the First Point Apartments I and Accept a Resolution Approving the Issuance by the California Municipal Finance Authority of Exempt Facility Bonds for a Qualified Residential Rental Project

Legal Notice published in the Orange County Reporter on December 9, 2022.

Department(s): Community Development Agency

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

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

43.

Conduct a TEFRA Hearing for the First Point Apartments II and Accept a Resolution Approving the Issuance by the California Municipal Finance Authority of Exempt Facility Bonds for a Qualified Residential Rental Project

Legal Notice published in the Orange County Reporter on December 9, 2022.

Department(s): Community Development Agency

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

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

44.

Implementation of the City’s Last, Best and Final Offer Dated September 8, 2022

Department(s): Human Resources

Recommended Action: As authorized by Government Code section 3505.7, the recommended action of the City Council is to implement the City’s last, best and final offer dated September 8, 2022.

CITY MANAGER COMMENTS

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

ADJOURNMENT – Adjourn the City Council meeting.

Future Items

Sanitation Fee – Work Study Session

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